97th Congress 2nd Session, Bill S.2562: To transfer the functions of the Department of Energy to other agencies, 1982-06-18

\1)' _ " .• "AA _ \i i" 1\,.;;"' .. ,-'~.1 t._ 1 .... ,._ 97TH CONGRESS

2n SESSION

5.2562

RIVER celVi. ISSiO

SJi.~1 ~.!.\.'EC~T\(, U"'f.~·H To transfer the functions of the Department of Energy to other agencies, to

maintain continuity in vital programs and relationships, to recognize the Federal Energy Regulatory Commission as a separate independent regula-tory agency, and for other purposes.

I

IN THE SENATE OF THE UNITED STATES MAy 24 (legislative day, MAy 11), 1982

Mr. ROTH (for himself, Mr. BAKER, Mr. MCCLURE, Mr. PACKWOOD,and Mr.

TOWER) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

A BILL

To transfer the functions of the Department of Energy to other agencies, to maintain continuity in vital programs and rela-tionships, to recognize the Federal Energy Regulatory Commission as a separate independent regulatory agency, and for other purposes.

r

Hepresenta-2 tives of the United States of America in Congress assembled,

3 That this Act may be cited as the "Federal Energy Reorga-4 nization Act of 1982".

TABLE OF CONTENTS

TITLE I-FINDINGS AND PURPOSES; DEFINITIONS

Sec. 101. Findings and purposes. Sec. 102. Definitions.

TITLE II-TRA)/SFERS OF FU CTTO S Sec. 201. Transfers to the Department of Commerce.

Sec. 202. Transfers to the Department of the Interior. Sec. 203. Transfers to the Department of Agriculture. Sec. 204. Transfers to the Department of Justice.

TITLE ill-ORGAl-.'1ZATION OF El\"ERGY A1\TDDEFENSE PROGRAM FUNCTIONS

Sec. 301. Deputy Secretaries. Sec. 302. Senior officers.

Sec. 303. Naval reactor and military application programs.

TITLE IV-ENERGY Th"'FOR.'dATION A1\'D STRATEGIC PLANNING Sec. 401. Bureau of Energy information.

Sec. 402. Assistant Secretary for Strategic Planning.

TITLE V-FEDERAL ENERGY REGULATORY COIDIISSION Sec. 501. Short title.

Sec. 502. Appointment and administration. Sec. 503. Jurisdiction of the Commission. Sec. 504. Access to information.

Sec. 505. Delegation. Sec. 506. Judicial review.

Sec. 507. Officers and employees. Sec. 508. Advisory committees. Sec. 509. General authority. Sec. 510. Subpena.

Sec. 511. Contracts. Sec. 512. Use of facilities. Sec. 513. Field offices.

Sec. 514. Experts and consultants. Sec. 515. Gifts and bequests.

TITLE VI-ADMINISTRATIVE PROVISIONS Subtitle A-Personnel Provisions

Sec. 60L Officers and employees. Sec. 602. Armed Forces personnel. Sec. 603. Experts and consultants.

Subtitle B-General Administrative Provisions Sec. 611. General authority.

Sec. 612. Delegation and assignment. Sec. 613. Reorganization.

Sec. 614. Rules. Sec. 615. Subpena. Sec. 616. Contracts.

Sec. 617. Acquisition and maintenance of pro pert)' . Sec. 618. Facilities construction.

Sec. 619. Use of facilities.

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Sec. 620. Field offices.

Sec. 621. Intellectual property rights.

Sec. 622. Right to intervene in Commission proceedings. Sec. 623. Authorization.

Sec. 624. Initiation of rulemaking proceedings before Commission.

TITLE VII-TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIO S

Sec. 701. Transfer and allocations of appropriations and personnel. Sec. 702. Effect on personnel.

Sec. 703. Incidental transfers. Sec. 704. Savings provisions. Sec. 705. Separability. Sec. 706. Reference.

Sec. 707. Presidential authority.

Sec. 708. Conforming and technical amendments. Sec. 709. Repeals.

Sec. 710. Transition.

Sec. 711. Environmental impact statements.

TITLE VIII-EFFECTIVE DATE Al'.T]) INTERIM APPOINTME T Sec. 801. Effective date.

Sec. 802. Interim appointment.

1 TITLE I-FINDINGS AND PURPOSES;

2 DEFINITIONS

3 FINDINGS AND PURPOSES

4 SEC. 101. (a) The Oongress finds

that-5 (1) ensuring that the American people have the 6 ability to plan for and meet their present and future 7 energy needs remains a national priority and is essen-8 tial if we are to meet our economic and social objec-9 tives and provide for our Nation's defense;

10 (2) experience has demonstrated that the ability of 11 the American people to determine and satisfy their 12 energy needs will be enhanced by increasing our reli-13 ance on the marketplace to allocate resources and

1 ducing our dependence on the Federal Government as 2 energy planner, manager, and regulator;

3 (3) increased reliance on market mechanisms will 4 permit the Federal Government to concentrate its ef-5 forts on the efficient and effective performance of a 6 more clearly defined set of important energy responsi-7 bilities,

including-8 (A) creating, through sound and stable fiscal, 9 monetary, and regulatory policies, a climate that 10 encourages businesses and individuals to produce 11 and use energy and other resources efficiently; 12 (B) integrating the development of energy 13 policy with the Government's overall economic 14 policymaking process to assure consistency and to 15 improve the likelihood that policies will be at-16 tuned to the needs of energy producers, business 17 at large, and energy consumers;

18 (0) supporting national defense needs;

19 (D) reducing the ation's vulnerability to 20 major energy supply disruptions;

21 (E) providing support to the private sector 22 for research and development not otherwise likely 23 to be undertaken but which is essential to achiev-24 ing national objectives;

--5

1 (F) performing functions which traditionally 2 have been viewed as governmental in nature, such 3 as stewardship of Federal resource reserves and 4 utility regulation required by law; and

5 (G) working in harmony with other nations 6 to achieve solutions to shared energy problems;

7 and

8 (4) recognizing that the Federal Government 9 should concentrate its efforts on these essential tasks 10 while leaving the rest to private decision and initiative

11 and recognizing further that these tasks can be per-12 formed by other Federal agencies eliminates the justifi-13 cation for the expenditure of public funds to maintain 14 the Department of Energy as an independent Federal 15 entity.

16 (b) The purposes of this Act

are-17 (1) to transfer the functions of the Department of 18 Energy to the Department of Commerce, the Depart-19 ment of the Interior, the Department of Justice, the 20 ' Department of Agriculture, and an independent Fed-21 eral Energy Regulatory Commission; and

22 (2) to maintain continuity in vital programs and to 23 increase the efficiency of their operations.

S 2562 IS

1 DEFINITIONS

2 SEC. 102. As used in this Act, unless otherwise

indi-3 cated by the context of the

term-4 (1) "Commission" means the Federal Energy 5 Regulatory Commission;

6 (2) "Department" means the Department of Com-7 merce, the Department of the Interior, the Department 8 of Agriculture, or the Department of Justice for pur-9 poses of titles VI, VII, and VIII, as appropriately de-10 termined by the context of the Act;

11 (3) "function" includes any duty, obligation, 12 power, authority, responsibility, right, privilege, activi-13 ty, or program;

14 (4) "perform" or "performance", when used in re-15 lation to a function, includes the exercise of power, au-16 thority, rights, and privileges; and

17 (5) "Secretary" means the Secretary of Com-18 merce, the Secretary of the Interior, the Secretary of 19 Agriculture, or the Attorney General, for purposes of 20 titles VI, VII, and VIII, as appropriately determined 21 by the context.

22 RELATIONSHIP WITH STATES

23 SEC. 103. Whenever any proposed action by the De-. 24 partment of Commerce conflicts with the energy plan of any 25 State, the Department shall give due consideration to the

1 needs of such State, and where practicable, shall attempt to

2 resolve such conflict through consultations with appropriate

3 State officials. Nothing in this Act shall affect the authority 4 of any State over matters exclusively within its jurisdiction.

5 TITLE II-TRANSFERS OF FUNCTIONS

6 TRANSFERS TO THE DEPARTMENT OF COMMERCE

7 SEC. 201. (a) There are transferred to, and vested in,

8 the Secretary of Commerce all functions vested in, or dele-9 gated to, the Secretary of Energy and the Department of 10 Energy under or with respect

to-II (1) the Atomic Energy Act of 1954 (42 U.S.C. 12 2011-2296);

13 (2) the Federal Nonnuclear Energy Research and 14 Development Act of 1974 (42 U.S.C. 5901-5920); 15 (3) the Energy Reorganization Act of 1974 (42 16 U.S.C. 5801, 5811-20, 5871-79, and 5891);

17 (4) the Geothermal Energy Research, Develop-18 ment, and Demonstration Act of 1974 (30 U.S.C. 19 1101-1164);

20 (5) the Solar Energy Research, Development, and 21 Demonstration Act of 1974 (42 U.S.C. 5551-5566); 22 (6) the Solar Heating and Cooling Demonstration 23 Act of 1974 (42 U.S.C. 5501-5517);

1 (7) the Electric and Hybrid Vehicle Research, 2 Development and Demonstration Act of 1976 (15 3 .S.C. 2501-2514);

4 (8) the Automotive Propulsion Research and De-5 velopment Act of 1978 (15 .S.C. 2701-2710);

6 (9) the Solar Photovoltaic Energy Research, De-7 velopment, and Demonstration Act of 1978 (42 U.S.C. 8 5581-559.4);

9 (10) section 112 of the Energy Research and De-10 velopment Administration Authorization Act of 1977 11 (42 U.S.C. 5907a);

12 (11) sections 105, 106, and 107 of the Depart-13 ment of Energy Act of 1978-Civilian Applications 14 (92 Stat. 53, 54; 22 U.S.C. 3224a);

15 (12) the Geothermal Energy Act of 1980 (30 16 U.S.C. 1501-1542);

17 (13) the Magnetic Fusion Engineering Act of 18 1980 (42 U.S.C. 9301-9312);

19 (14) the Wind Energy Systems Act of 1980 (42 20 U.S.C.9201-9213);

21 (15) the Ocean Thermal Energy Conversion Re-22 search, Development and Demonstration Act (42 23 U.S.C. 9001-9009);

24 (16) the Ocean Thermal Energy Conversion Act 25 of 1980 (42 U.S.C. 9101-9167);

S 2562 IS--2

1 (17) the Methane Transportation Research, Devel-2 opment, and Demonstration Act of 1980 (15 U.S.O. 3 3801-3810);

4 (18) titles VITI and sections 901-907 of the Sur-5 face Mining Oontrol and Reclamation Act of 1977, re-6 lating to university coal research laboratories, and 7 energy resource graduate fellow hips (30 U.S.O. 8 1311-1316, 1321-1327);

9 (19) chapter 641 of title 10, United States Oode, 10 relating to the naval petroleum reserves;

11 (20) the Nuclear Safety Research, Development, 12 and Demonstration Act of 1980 (42 U.S.O.

9701-13 9708);

14 (21) the Atomic Energy Oommunity Act of 1955 15 (42 U.S.O. 2301-2394);

16 (22) the Nuclear Non-Proliferation Act of 1978 17 (22 U.S.O. 3201-3282);

18 (23) the West Valley Demonstration Project Act 19 (42 U.S.C. 2021a nt);

20 (24) the Euratom Oooperation Act of 1958 (42 21 U.S.C. 2291-2296);

22 (25) the Atomic Weapons and Special Nuclear 23 Materials Rewards Act of 1955 (50 U.S.C. 47a-470;

1 (26) the Uranium Mill Tailing Radiation Oontrol 2 Act of 1978 (42 U.S.O. 2014, 2021-22, 2111, 2113-3 14, 2201, 7901, 7911-25, 7941-42);

4 (27) title II of the Act of June 16, 1972 (public 5 Law 92-314; 86 Stat. 226), relating to financial assist-6 ance for the State of Colorado to limit exposure to

ra-7 diation from uranium mill tailings in Grand Junction,

8 Oolorado;

9 (28) section 102, title II, and title III of the 10 Energy Policy and Conservation Act (42 U.S.O. 6211, 11 6261-62, 6271-75, 6291-6317, 6321-27, 6341-46, 12 6361-63, 6372-71i, and 6371-72i; 15 .S.O.

2001-13 12);

14 (29) the National Energy Oonservation Policy Act 15 (public Law 95-619 (codified in scattered sections of 16 titles 12, 15, 23, and 42 .S.O.)), including section 17 641 thereof notwithstanding the provisions of section 18 709(a) of this Act;

19 (30) the Emergency Energy Oonsen ation Act of 20 1979 (42 U.S.O. 6261-62, 6422, 8501-8541);

21 (31) the Energy Conserva ion and Production Act 22 (public Law 94-385 (codified in scattered sections of 23 titles 12, 15, and 42 U.S.O.)), including section 304 of 24 that Act (42 U.S.C. 6833) relating to development and

1 promulgation of energy conservation standards for new 2 buildings;

3 (32) section 509 of the Housing and Urban Devel-4 opment Act of 1970 (12 U.S.O. 170Iz-8);

5 (33) the Federal Energy Administration Act of 6 1974, as amended by this Act (15 U.S.O. 761-790h); 7 (34) sections 2, 11, and 12 of the Energy Supply 8 and Environmental Ooordination Act. of 1974 (15 9 U.S.O. 792, 796, and 797);

10 (35) the National Energy Extension Service Act 11 (42 U.S.O. 7001-7011);

12 (36) the Energy Security Act (public Law 96-13 294 (codified in scattered sections of 7, 10, 12, 15, 16, 14 30, 42, and 50 App. U.S.O.)), except for functions 15 transferred to the Secretary of Agriculture by section 16 203(1) of this Act;

17 (37) the Alaska Federal-Oivilian Energy Effi-18 ciency Swap Act of 1980 (40 U.S.O. 795-795d);

19 (38) section 106 of the Act of October 15, 1977 20 (public Law 95-134 as added by section 102 of the 21 Act of March 12, 1980; Public Law 96-205 (48 22 U.S.C. 1681 ntl), relating to a medical care program 23 for certain Marshall Islanders;

24 (39) section 604 (ol-te) of the Act of December 25 24, 1980 (public Law 96-597; 48 U.S.C. 1492

(c)-1 (ej), relating to a comprehensive energy plan for in

u-2 lar areas;

3 (40) section 232 of the Trade Expansion Act of

4 1962 (19 U.S.O. 1862);

5 (41) part B of title I of the Energy Policy and

6 Oonservation Act (42 .S.O. 6231-6246) relating to

7 the Strategic Petroleum Reserve;

8 (42) the Public tility Regulatory Policies Act of

9 1978 (public Law 95-617 (codified in scattered

sec-10 tions of titles 15, 16, 30, 42, and 43 U.S.O.)), except

11 for functions transferred to the Oommi ion bv section

12 503 of this Act;

13 (43) the Powerplant and Indu trial Fuel U e Act

14 of 1978 (public Law 95-620 (codified in cattered

sec-15 tions of titles 15,42,45, and 49 U.S.O.));

16 (44) the Defense Production Act of 1950 (50

17 U.S.O. App. 2061-2169);

18 (45) the Act of May 16, 1910, and other

authori-19 ties, formerly exercised by the Bureau of Mines. but

20 limited to fuel supply and demand analysis and data

21 gathering, and coal preparation and analysis;

22 (46) the Natural Gas Act (15 U.S.O. 717-717\\"),

23 insofar as it pertains to the import and export of

8 2562 18

1 (47) the Federal Power Act (16 U.S.O.

791a-2 828(c)), insofar as it pertains to export of electricity.

3 (48) sections 207 and 504(b)(3) of the atural

4 Gas Policy Act of 1978 (15 .S.O. 3347, 3414(b)(3))

5 insofar as they pertain to imported natural gas;

6 (49) the establishment and review of priorities for

7 curtailments of natural gas as set forth in the Natural

8 Gas Act and the Natural Gas Policy Act;

9 (50) the functions set forth in the Interstate

Oom-10 merce Act (codified in scattered sections of titles 15

11 and 49 U.S.O.), and other statutes which formerly

12 vested authority in the Interstate Oommerce

Oommis-13 sion or the Chairman and members thereof, relating to

14 transportation of oil by pipeline, except as provided in

15 section 503(a)(4) of this Act;

16 (51) title X of the Omnibus Reconciliation Act of

17 1981 insofar as it applies to the functions transferrred

18 by this section; and

19 (52) any other law or authority, except as

other-20 wise provided for in this Act.

21 (b) The Secretary may exercise any power of the

Com-22

ffilSSlOn-23 (1) under sections 8, 9, 13 through 17, 20, and

24 21 of the Natural Gas Act (15 U.S.O. 717g, 717h,

1 necessary to the exercise of the functions vested in him 2 under the Natural Gas Act by this Act; and

3 (2) under sections 4, 301, 302, 306 through 309, 4 and 312 through 316 of the Federal Power Act (16 5 U.S.C. 797, 825, 825a, 825e-825h, 825k-8250), to

6 the extent he determines it necessary to the exercise of 7 the functions vested in him by section 20l(a)(47) of

8 this Act.

9 (c) All functions of the Secretary of Energy and the De-10 partment of Energy with respect

to-II (1) establishing and implementing policies regard-12 mg international energy issues that affect energy re-13 search, development, utilization, supply, and conserva-14 tion in the United States; and

15 (2) undertaking activities involving the integration 16 of foreign and domestic energy policy, including the 17 provision of independent technical advice to the Presi-18 dent on international negotiations involving energy re-19 sources, energy technologies, and nuclear weapons 20 are transferred to the Secretary of Commerce and are to be 21 exercised in a manner that assures continued coordination 22 with the Secretary of State, the Secretary of Defense, and 23 the Secretary of the Treasury. With respect to functions 24 transferred by this section, the Secretary of State shall exer-25 cise primary authority for the conduct of foreign policy.

1 TRANSFERS TO THE DEPARTMENT OF THE INTERIOR 2 SEC. 202. There are transferred to, and invested in, the 3 Secretary of the Interior all functions vested in, or delegated

4 to, the Secretary of Energy and the Department of Energy

5

to-6 (1) section 5 of the Flood Control Act of 1944 (16

7 U.S.C. 825s), and all other functions of the Secretary 8 of Energy and the Department of Energy, with respect

9

to-lD

(A) the Southeastern Power Administration;

(B) the Southwestern Power Administration; (C) the Alaska Power Admini tration;

(D) the Bonneville Power Administration in-cluding, but not limited to, the authority contained in the Bonneville Project Act of 1937, the Feder-al Columbia River Transmission System Act, and the Pacific Northwest Electric Power Planning and Conservation Act; and

(E) the Western Area Power Administration. The Southeastern Power Administration, the South-western Power Administration, the Bonneville Power Administration, the Alaska Power Administration, and the Western Area Power Administration shall be pre-served as separate and distinct bureaus within the De-partment of the Interior. Each of them shall be headed

1 by an Administrator appointed by the Secretary of the 2 Interior. The functions transferred to the Secretary of 3 the Interior in paragraphs (1)(A), (1)(B), (1)(C), (1)(D), 4 and (1)(E) shall be exercised by the Secretary of the 5 Interior, acting by and through the appropriate Admin-6 istrator. Each Administrator shall maintain his princi-7 pal office at a location in the region served by the Ad-8 ministrator 's respective Federal power marketing 9 entity;

10 (2) the Outer Continental Shelf Lands Act 11 Amendment (public Law 95-372; 99 Stat. 629), and 12 any other authority of the Secretary of Energy relating 13 to the award or administra ion of Federal leases not 14 previously transferred to the Secretary of the Interior 15 by the Department of the Interior and Related Agen-16 cies Appropriation Act for Fiscal Year 1982 (public 17 Law 97-100; 95 Stat. 1391), which repealed sections 18 302(b), 302(c), and 303(c) of the Department of 19 Energy Organization Act;

20 (3) section 5 of the Flood Control Act of 1944 (16 21 U.S.O. 825s), section 2 of the Eklutna Project Act 22 (public Law 628, 81 st Oong.; 64 Stat. 382), and sec-23 tion 1 of the Act of June 18, 1954 (public Law 406, 24 83d Oong.; 68 Stat. 255), as amended by section 1 of 25 the Act of December 23, 1963 (Public Law 88-237;

1 77 Stat. 475), insofar as they relate to the confuma-2 tion and approval of rates for the sale of Federal

3 power;

4 (4) the Act of May 16, 1910, and other

authori-5 ties formerly exercised by the Bureau of Mines, but

6 limited to research and development relating to in-7 creased efficiency of production technology of solid fuel 8 minerals;

9 (5) section 908 of the Surface Mining Control and 10 Reclamation Act of 1977, relating to research and

de-II velopment concerning alternative coal mining technol-12 ogies (30.U.S.C. 1328); and

13 (6) title X of the Omnibus Reconciliation Act of 14 1981 insofar as it applies to the functions transferred 15 by this section.

16 TRANSFERS TO THE DEPARTMENT OF AGRICULTURE

17 SEC. 203. There are tran ferred to, and vested in, the 18 Secretary of Agriculture all functions vested in, or delegated 19 to the Secretary of Energy and the Department of Energy 20 under or with respect

to-21 (1) subtitle A of the Biomass Energy and Alcohol 22 Fuels Act of 1980 (42 U.S.O. 8811-8821);

23 (2) section 221 of the Energy Tax Act of 1978 24 (26 U.S.C. 4041 nt); and

S 2562 IS

1 (3) title X of the Omnibus Reconciliation Act of 2 1981 insofar as it applies to the functions transferred 3 by this section.

4 TRANSFER TO THE DEPARTMENT OF JUSTICE

5 SEC. 204. (a) There are transferred to, and vested in, 6 the Attorney General all functions vested in, or delegated to 7 the Secretary of Energy and the Department of Energy 8 under the Emergency Petroleum Allocation Act of 1973 (15 9 U.S.O. 751-760h). To the extent he considers it necessary to 10 carry out functions under this section, the Attorney General

11 may utilize authorities under section 13 of the Federal 12 Energy Administration Act of 1974 (15 U.S.O. 772).

13 (b) Notwithstanding any other provision of law, the con-14 duct of any litigation in which the nited States, an agency, 15 or officer thereof is a party or is interested, arising from any 16 function or authority transferred under sections 201, 202, or 17 203 of this Act, is reserved to officers of the Department of 18 Justice, under the direction of the Attorney General.

19 TITLE ill-ORGANIZATION OF ENERGY AND

20 DEFENSE PROGRAM FUNOTIONS

21 DEPUTY SECRETARIES

22 SEC. 301. (a) There shall be established by this section 23 within the Department of Oommerce two additional Deputy 24 Secretaries who shall be appointed by the President, by and 25 with the advice and consent of the Senate. The Deputy

Sec-1 retaries shall be compensated a the rate provided for level II 2 of the Executive Schedule under section 5313 of title 5, 3 United States Code. The Deputy Secretaries shall perform 4 those functions transferred or delegated to, or vested in, the 5 Secretary of Commerce that the Secretary may prescribe, 6 and shall report to the Secretary; or upon a written delega-7 tion by the Secretary to the Deputy Secretary of Commerce. 8 (b)(1) One of the Deputy Secretaries shall be the Deputy 9 Secretary for Defense Programs who shall perform, in addi-10 tion to such other functions as the Secretary may prescribe, 11 nuclear-related functions that support the Department of De-12 fense in meeting its defense objectives. Tho e functions in-13 elude defense-related intelligence activities; management and 14 implementation of the national security and nuclear weapons 15 programs, such as nuclear weapons research, development, 16 testing, and production; and the performance of functions of 17 the Department of Energy with respect to the Military Liai-18 son Committee established by section 27 of the Atomic 19 Energy Act of 1954 (42 U.S.C. 2037).

20 (2) In accordance with procedures prescribed by the 21 President, the Deputy Secretary whose functions are de-22 scribed in paragraph (1) of this subsection shall provide the 23 President with such technical advice as the President may 24 require on all matters related to nuelear weapons which are 25 the responsibility of the Department of Commerce.

1 (3) The Deputy Secretary whose functions are described 2 in paragraph (1) of this subsection shall be an individual who, 3 by demonstrated ability, background, training, and experi-4 ence is specially qualified to understand and assess fairly the 5 issues, problems, and concerns relating to nuclear defense 6 programs.

7 (c) One of the Deputy Secretaries shall be the Deputy

8 Secretary for Energy who shall perform, in addition to such 9 other functions as the Secretary may prescribe, those Iunc-10 tions relating to domestic and international energy policy

for-11 mulation and implementation, energy emergency planning,

12 energy planning and analysis authorized or required by laws 13 in section 201 (other than analysis assigned to the Bureau of

14 Energy information pursuant to title IV), any regulatory

15 function transferred to the Department of Oommerce pursu-16 ant to section 201 or any other provision of this Act, nuclear 17 nonproliferation responsibilities transferred to the Depart-18 ment of Oommerce pursuant to section 201, civilian nuclear 19 power, naval nuclear propulsion, long-term basic and applied 20 energy research, development and demonstration activities of 21 the Department of Oommerce, energy conservation, utiliza-22 tion of alternate or renewable energy sources and fossil fuel 23 technology.

S 2562 IS

1 SENIOR OFFICERS

2 SEC. 302. (a) There shall be within the Department of 3 Commerce an Associate Deputy Secretary for Energy Policy 4 and Research who shall be appointed by the President, by 5 and with the advice and consent of the Senate, and who shall 6 receive compensation at the rate prescribed for level IV of 7 the Executive Schedule under ection 5315 of title 5, United 8 States Code. The Associate Deputy Secretary for Energy 9 Policy and Research shall report to the Secretary through 10 the Deputy Secretary whose functions are described in sec-11 tion 301(c), shall perform such duties as the Secretary or that 12 Deputy Secretary may from time to time prescribe, and shall 13 act for and exercise the functions of that Deputy Secretary 14 during the absence or disability of such person or in the event 15 such office becomes vacant.

16 (b) There shall be within the Department of Commerce 17 an Associate Deputy Secretary for Defense Programs who 18 shall be appointed by the President, by and with the advice 19 and consent of the Senate, and who shall receive eornpensa-20 tion at the rate prescribed for level IV of the Executive 21 Schedule under section 5315 of title 5, United States Code. 22 The Associate Deputy Secretary for Defense Programs shall 23 report to the Secretary through the Deputy Secretary whose 24 functions are described in section 30l(b), shall perform such 25 duties as the Secretary or that Deputy Secretary may from

24 ant Secretary for Energy Research who shall perform, in

ad-25 dition to such ather functions as the Secretary may prescribe, 1 time to time prescribe, and shall act for and exercise the 2 functions of that Deputy Secretary during the absence or dis-3 ability of such person or in the event such office becomes 4 vacant.

5 (c)(1) There shall be e tablished by this ection within 6 the Department of Oommerce five additional Assistant Secre-7 taries who hall be appointed by the President, by and with 8 the advice and consent of the Senate. The Assistant Secre-9 taries shall be compensated at the rate provided for level IV 10 of the Executive Schedule under section 5315 of title 5, 11 United State" Cede. The Assistant Secretaries shall perform 12 those functions transferred or delegated to, or vested in, the 13 Secretary of Oommerce that the Secretary may prescribe.

14 (2) One of the Assistant Secretaries shall be the Assist-15 ant Secretary for Nuclear Materials who shall perform, in

l6 addition to such other functions as the Secretary may pre-17 scribe, tho. e functions which relate to production of nuclear 18 materials for nuclear weapons research, development, test-19 ing, and production. and to the management of defense nu-20 clear waste. The Assistant Secretary for ~ uclear Materials 21 shall report to the Deputy Secreta ry whose functions are de-22 scribed in section 301 Co) of this Act.

Assist-1 those functions which relate to developing magnetic fusion 2 energy technology, and managing the long-term basic and 3 applied energy research programs, including research in both 4 the basic energy sciences and the high energy and nuclear

5 physics programs.

6 (4) One of the Assistant Secretaries shall be the Assist-7 ant Secretary for Energy Technology, Oonservation, and Al-8 ternative Sources who shall perform, in addition to such 9 other functions as the Secretary may prescribe, those func-10 .tions relating to energy conservation and to the development 11 of technologies for fossil energy and renewable energy 12 sources.

13 (5) One of the Assistant Secretaries hall he the Assist-14 ant Secretary for Nuclear Energy who shall perform, in addi-15 tion to such other functions as the Secretary way prescribe, 16 those functions which relate to managing the Federal pro-17 gram of research on and development of the technology for 18 nuclear power production, including research on and develop-19 ment of breeder reactor systems, naval nuclear propulsion, 20 and disposal of nondefense generated nuclear waste,

21 (6) One of the Assistant Secretaries shall be the Assist-22 ant Secretary for Energy Emergency Planning who shall 23 perform, in addition to such other functions as the Secretary 24 may prescribe, those functions relating to reducing United 25 States vulnerability to energy supply interruptions and

1 ning for energy emergencies. These functions shall include 2 operation of the strategic petroleum reserve and the naval 3 petroleum reserve.

4 (7) The Assistant Secretaries whose functions are de-5 scribed in sections 302 (c)(3), (c)(4), (c)(de-5), and (c)(6), shall 6 report to the Deputy Secretary whose functions are described 7 in section 301(c) of this Act. Notwithstanding the manner in 8 which the functions of the Assistant Secretaries are set forth 9 in sections 302 (c)(3), (c)(4), (c)(5), and (c)(6), the Secretary 10 may reassign any of tho e functions from anyone of those 11 Assistant Secretaries to either of the others.

12 (d) There shall be within the Department of Commerce 13 a Assistant Secretary for Security Affairs who shall be ap-14 pointed by the President and who shall receive compensation 15 at the rate prescribed for level V of the Executive Schedule 16 under section 5316 of title 5, United States Code. The As-17 sistant Secretary for Security Affairs shall report to the Sec-18 retary through the Deputy Secretary whose functions are de-19 scribed in section 301(b) and shall perform such of those func-20 tions that relate to security affairs as the Secretary or that 21 Deputy Secretary may from time to time prescribe.

22 NAVAL REACTOR AND MILITARY APPLICATION PROGRAMS

23 SEC. 303. (a) There shall be in the Department of

Com-24 merce a Division of Naval Reactors which shall perform the 25 research, design, development, health, and safety functions

1 relating to naval nuclear propulsion and assigned civilian 2 power reactor programs vested in the Secretary by this Act. 3 The head of this Division shall report to the Assistant Secre-4 tary for Nuclear Energy, whose functions are described in 5 section 302(e) of this Act.

6 (b) There shall be in the Department of Oommerce the 7 Division of Military Application, established by section 25 of 8 the Atomic Energy Act of 1954 (42 U.S.O. 2035). The Di-9 rector of this Division shall perform, in addition to such other 10 functions as the Secretary may prescribe, functions relating

11 to nuclear weapons research, development, testing, and

pro-12 duction. The Director of this Division shall report to the 13 Deputy Secretary whose functions are described in section 14 301(b) of this Act and shall be an active commissioned officer 15 of the Armed Forces in general or flag rank or grade, as 16 appropriate.

17 TITLE IV-ENERGY INFORMATION AND

18 STRATEGIC PLANNING

19 BUREAU OF ENERGY INFORMATION

20 SEC. 401. (a) There shall be within the Department of 21 Oommerce a Bureau of Energy Information (the Bureau) 22 .headed by a Director who shall be appointed by the Presi-23 dent, by and with the advice and consent of the Senate, and 24 who shall be compensated at the rate provided for in level V 25 of the Executive Schedule under section 5316 of title 5,

1 United States Oode. The Director shall report to the Secre-2 tary through the Under Secretary of Oommerce for Economic 3 Affairs.

4 (b)(1) Under the authority, direction, and control of the 5 Secretary of Oommerce, the Bureau shall carry out a com-6 prehensive energy data and information program to collect, 7 evaluate, assemble, analyze, and disseminate data and infor-8 mation that is relevant to energy resources reserves, energy 9· production, demand and technology, and related economic 10 and statistical information, or that is relevant to the adequacy 11 of energy resources to meet the Nation's current and future 12 economic and social needs. The Bureau shall also perform 13 other functions that the Secretary may prescribe.

14 (2) The Director shall not be required to obtain the ap-15 proval of any other officer or employee of the Department in 16 connection with the analysis of any information; nor shall the 17 Director be required, prior to publication, to obtain the ap-18 proval of any other officer or employee of the United States 19 with respect to the substance of any statistical or forecasting 20 technical reports which he has prepared in accordance with 21 law: Provided, however, That in performing the functions del-22 egated to him, the Director shall be subject to the Paperwork 23 Reduction Act of 1980.

24 (3) The Bureau shall be subject to an annual profession-25 al audit of performance as described in section 55 of part B of

8 2562 18

1 the Federal Energy Administration Act of 1974 (15 U.S.O.

2 790d).

3 (c) Information collected by the Bureau shall be eata-4 loged and, upon request, shall be made available to the public 5 in a form and manner easily adaptable for public use, except 6 that this subsection shall not require disclosure of matters 7 exempted from mandatory disclosure by section 552(b) of title 8 5, United States Oode.

9 (d)(1) The Secretary, before starting an energy informa-10 tion data collection effort, shall determine, after consultation 11 with the Oommission, whether the information is to be gath-12 ered solely for statistical purposes.

13 (2) Data to be gathered solely for statistical purposes 14 shall be made available in individually indentifiable form to 15 another office or component within the Department or to an-16 other Federal agency only upon receipt of a written request 17 that the Secretary is satisfied

contains-18 (A) a demonstration of need for the data in indi-19 vidually identifiable form by that office or component 20 for the fulfillment of its lawful duties and responsibil-21 ities, and

22 (B) reasonable and binding assurances by the re-23 questing office or component that the information will 24 be used solely for statistical purposes.

,.. ft ...

1 (3) For purposes of this section, "statistical purposes" 2 means the use of information for developing or reporting ag-3 gregate or anonymous information not intended to be used, in 4 whole or in part, in any way in which the specific indentity of 5 any person is material to the intended use of the information. 6 (4) Individually indentifiable information gathered solely 7 for statistical purposes under this section shall be exempt 8 from public disclosure under subsection 552(b)(3) of title 5, 9 United States Code.

10 (5) Whoever publishes or communicates any information

11 the disclosure of which is prohibited by this subsection, shall 12 be fined not more than $5,000 or imprisoned for not more 13 than five years or both.

14 (e) The Secretary, to the maximum extent practicable, 15 shall assign the highest priority to collection and assembly of 16 energy information for the purposes requested by the Com-17 mission and shall provide to the Commission such support 18 and facilities as the Commission determines it needs to carry 19 out its functions. All gathering, reporting, and enforcing 20 powers relating to energy information vested in the Secretary 21 under the Federal Energy Administration Act of 1974 and 22 the Energy Supply and Environmental Coordination Act of 23 1974 shall be available to the extent necessary or appropriate 24 to the exercise of the functions vested in the Commission.

(0 Section l1(d) of the Energy Supply and Environmen-tal Coordination Act of 1974 (15 U.S,C. 796(d» applies to 3 any energy information obtained by the Bureau for other than 4 statistical purposes under any law except section 17 of the 5 Federal Nonnuclear Research and Development Act of 1974 6 (42 U.S.C. 5916). Both section 1905 of title 18, United 7 States Code, and any determination of confidentiality made 8 by the Secretary under section l1(d) of the Energy Supply 9 and Environmental Coordination Act of 1974 apply to any 10 subsequent disclosure of energy information by an agency to . 11 whom it is disclosed under section 11(d)(2) of the Energy

12 Supply and Environmental Ooordination Act of 1974, except 13 that an agency head may disclose energy information re-14 ceived under section 1l(d)(2) of the Energy Supply and Envi-15 ronmental Coordination Act of 1974 in any proceeding if-16 (1) the agency is a party to the proceeding;

17 (2) the agency head determines that disclosure of 18 the information in the proceeding is essential to the 19 agency's effective participation in the proceeding; and 20 (3) the agency head seeks an order in the pro-21 ceeding protecting against disclosure of the information 22 beyond that necessary to the agency's effective partici-23 pation in the proceeding.

24 (g) Notwithstanding subsection (D of this section, the 25 Secretary may provide energy information gathered by the

1 Bureau for other than statistical purposes to any Federal 2 agency, provided that it will be used solely for statistical 3 purposes.

4 (h) Nothing in this section authorizes the disclosure of 5 any information furnished to the Bureau by another Federal 6 agency if such a disclosure is prohibited by statute.

7 (i) Notwithstanding any other provision of thi Act, the 8 authorities of the Secretary under section 4 of the Act of 9 February 14, 1903 (ch, 552, 32 Stat. 826; 15 U.S.C. 1516), 10 apply to this section.

11 ASSISTANT SECRETARY FOR STRATEGIC PLANNING 12 SEC. 402. There shall be within the Department an As-13 sistant Secretary for Strategic Planning who hall be ap-14 pointed by the President by and with the advice and consent 15 of the Senate. The Assistant Secretary shall be compensated 16 at the rate provided for by level IV of the Executive Sched-17 uIe under section 5315 of title 5, United States Code. The 18 Assistant Secretary shall be responsible for the activities of 19 the Department of Oommerce relating to strategic materials 20 and industrial mobilization that were under the authority of 21 the Department of Commerce prior to the date of enactment 22 of this Act and shall perform such other functions as the Sec-23 retary shall designate, not including any function included in 24 title III of the Act.

S 2562 IS

1 TITLE V-FEDERAL ENERGY REGULATORY

2 COMMISSION

3 SHORT TITLE

4 SEC. 501. This title may be cited as the "Federal 5 Energy Regulatory Commission Act" .

6 APPOINTMENT AND ADMI rrSTRATION

7 SEC. 502. (a) The Federal Energy Regulatory Commis-8 sion shall continue as an independent regulatory agency. 9 (b) The Commission is composed of five members ap-10 pointed by the President, by and with the advice and consent 11 of the Senate. One of the members shall be designated by the 12 President as Chairman. Members shall hold office for a term 13 of four years and may be removed by the President only for 14 inefficiency, neglect of duty, or malfeasance in office. An in-15 cumbent member who is serving on the effective date of this 16 Act shall continue to serve for the balance of the term for 17 which he was appointed. The member serving as Chairman 18 on the effective date of this Act shall continue to serve in 19 that capacity until removed by the President. The Chairman 20 shall be compensated at the rate provided for level ill of the 21 Executive Schedule under section 5314 of title 5, United 22 States Code. The other members of the Commission shall be 23 compensated at the rate provided for level IV of the Execu-24 tive Schedule under section 5315 of title 5, United States 25 Code. The Chairman and other members of the Commission

1 shall be individuals who, by demonstrated ability, back-2 ground, training, or experience, are specifically qualified to 3 assess fairly the needs and concerns of all interests affected 4 by Federal energy policy. Not more than three members of 5 the Oommission shall be members of the same political party. 6 A Oommissioner appointed to fill a vacancy occurring prior 7 to the expiration of the term for which his predecessor was 8 appointed shall be appointed only for the remainder of the 9. predecessor's term. A Oommissioner may continue to serve 10 after the expiration of his term until his successor has taken 11 office, except that he may not so continue to serve for more 12 than one year after the date on which his term would other-13 wise expire under this subsection. A member of the Oommis-14 sion shall not engage in any other business, vocation, or 15 employment while serving on the Oommission.

16 (c) The Ohairman is responsible on behalf of the Oom-17 mission for the executive and administrative operation of the 18 Oommission, including functions of the Oommission with re-19 spect to (1) the appointment and employment of administra-20 tive law judges in accordance with the provisions of title 5, 21 United States Oode, (2) the selection, appointment, and fixing 22 of the compensation of personnel whom he considers neces-23 sary, including an executive director, (3) the supervision of 24 personnel employed by or assigned to the Oommission, 25 except that each member of the Oommission may select and

1 supervise personnel for his personal staff, (4) the distribution

2 of business among personnel and among administrative units

3 of the Commission, (5) the establishment, alteration,

consoli-4 dation or termination of organizational units or components

5 within the Commission, and (6) all functions enumerated in

6 sections 508, 511, 512, 513, 514, and 515 of this title.

7 (d) The Chairman of the Commission may designate any

8 other member of the Commission as Actina Chairman to act

9 in his place during his absence. The Chairman (or the Acting

10 Chairman in the absence of the Chairman) shall preside at all

11 sessions of the Commission. A quorum for the transaction of

12 business consists of at least three members. Each member of

13 the Commission, including the Chairman, has one vote.

Ac-14 tions of the Commission shall be determined by a majority

15 vote of the members present and voting. The Commission

16 shall have an official seal which shall be judicially noticed.

17 (e) The Commission may establish procedural and

ad-18 ministrative rules that are necessary to the exercise of its

19 functions and may conduct proceedings ln a manner

conduc-20 ive to the proper dispatch of business and the ends of justice.

21 Until changed by the Commission, any procedural and

ad-22 ministrative rules applicable to particular functions over

23 which the Commission has jurisdiction shall continue in effect

1 (f) In carrying out its functions, the Commission shall

2 have the powers authorized by the law under which the

func-3 tion is exercised to hold hearings, sign and issue subpoenas, 4 administer oaths, examine witnesses, and receive evidence at

5 any place in the United States it may designate. The

Com-6 mission may, by one or more of its members or by agents

7 whom it may designate, conduct any hearing or other inquiry

8 necessary or appropriate to its functions, except that nothing

9 in this subsection upersedes the provisions of section 556 of

10 title 5, United States Code relating to administrative law 11 judges.

12 (g) The principal office of the Commission shall be in or

13 near the District of Columbia, where its general sessions

14 shall be held, but the Commis ion may it anywhere in the

15 United States.

16 (h) Except as provided in section 518 of title 28, United

17 States Code, relating to litigation before the Supreme Court,

18 attorneys designated by the Chairman of the Commission

19 may appear for, and represent the Commission in, any civil

20 action brought in connection with a function carried out by

21 the Commission under this Act or as otherwise authorized

22 by law.

23 JURISDICTION OF THE CO Il\1ISSION

24 SEC. 503. (a) Except as provided in subsection (b) of

25 this section, there are transferred to, and vested in, the

1 mISSIOn,as an independent regulatory agency, all functions 2 vested in the Secretary of Energy, Department of Energy, or 3 the Federal Energy Regulatory Oommission, an independent 4 regulatory commission within the Department of Energy, 5 under or with respect to:

(1) the Federal Power Act (16 U.S.O.

791a-\

,

6 7

8

828(c», except for the regulation of exports of electric-ity which is transferred to the Secretary of Oommerce 9 by section 20 l(a)( 47) of thi Act;

10 (2) the Natural Gas Act (15 U.S.O. 717-717w),

11 except for the regulation of exports or imports of natu-12 ral gas which is transferred to the Secretary of Corn-13 merce by section 201(a)(46) of this Act, and the estab-14 lishment and review of priorities for curtailments, 15 which functions are transferred to the Secretary of 16 Oommerce by section 201(a)(49) of this Act;

17 (3) the Natural Gas Policy Act of 1978 (15 18 U.S.O. 3301-3432), except for functions transferred to the Secretary of Oommerce by section 201(a)(48) of this Act, and the establishment and review of priorities for curtailments, which functions are transferred to the Secretary of Oommerce by section 20l(a)(49) of this Act; S 2562 IS J 19 20 21 22 23

14 within the jurisdiction 0' tbe Cornmissior.. unless till'

'('cr('-If) tary assigns such :.l iunctior, pursuant to section lil:?O)l of ;h1.o

18 Commission shall hUH' ,iunsdiction over am'' other matter 19 which. after public notice, the ;:-'('cretan' n1l\.\' assign to the 20 Commission pursuant to se.rion lil:2(b) OJ' this Act.

21 (d) The Commission may prescribe rules, regulations.

22 and statement.' 01 policv 1',; ![enerai applicability wit h H"!JeCt

23 to any function under it, iurisdiction. All." runrnon described 24 in this title that relates ill the esrnhlishrnenr OI rates and

25 charges may be conducted 1)\ rulernakiur procedures, The

2 3 4 D 6 7 8 9 10 11 12 13 the Act. 1 -_ I

ration of oil by pipeiuu or c'stahli,ltil1~ the valuation of

such a pipeline.

(0) title II and ':(-'('11011;: JUo, tiU~),tillo and. G()~of the Public Util: v Rr'l!t,l:tt'Jl'y Policies Act of 19"j.~ : hi

FS('_{l..;. . .} -('I"_{fJVI u~ ...}'-"I_{t:l. __ ;..'}',' _{t ...}~'J"__{-1:h. C'_-tc...-.}"')'" 1 ""J_{_-ttl. ~-}"')4d _.

(0) except as otl.orwis« provrde d Q\' trus Ac.. an.

other provision of ia« or a tnoru v mat ves .' runcnons

in the Cornrnis-ior-.

export' or imports

0:

(c) In addition to the 01uer provisions 01 this sernou. rho

S 2562 IS

1 procedures in such a rulemaking proceeding shall, consistent 2 with the provisions of section 553 of title 5, United States 3 Code, and any other applicable law, assure full consideration 4 of the issues and an opportunity for interested persons to 5 present their views.

6 ACCESS TO INFORMATIO

7 SEC. 504. Except as otherwise limited by law, each 8 Federal agency shall provide to the Commission, upon re-9 quest, information in its possession that the Commission de-10 termines is necessary to discharge its responsibilities under 11 this title.

12 DELEGATION

13 SEC. 505. (a) Except as otherwise expressly prohibited 14 by law, and except as otherwise provided in tills title, the 15 Chairman may delegate any of ills administrative functions to 16 members, officers, or employees of the Commission whom he 17 may designate, and may authorize successive redelegations 18 within the Commission of those functions that he considers to 19 be necessary or appropriate.

20 (b) The Commission may delegate, by published order or 21 rule, any of its functions to individual Commission members 22 or to such other officers or employees as it may designate. 23 The Commission shall retain a discretionary right to review 24 action authorized or ordered under delegated authority within 25 the time and in the manner that it prescribes. In the absence

1 of such a review, action under delegated authority has the

2 same force as if taken by the Oommission.

3 JUDICIALREVIEW

4 SEC. 506. (a) Judicial review of agency action taken 5 under any law the functions of which are vested in, or trans-6 ferred to, the Oommission or any member, officer, or em-7 ployee of the Oommission, notwithstanding that vesting or 8 transfer, shall be made in the manner specified in or for such 9 a law.

10 (b) Notwithstanding the amount in controversy, the dis-11 trict courts of the United States shall have exclusive original 12 jurisdiction of all other cases or controversies arising exclu-13 sively under this title, or under rules, regulations, or orders 14 issued exclusively thereunder, other than any actions taken 15 to implement or enforce any rule, regulation, or order by any 16 officer of a State or local government agency under this title, 17 except that nothing in this section affects the power of any 18 court of competent jurisdiction to consider, hear, and deter-19 mine in any proceeding before it any issue raised by way of 20 defense (other than a defense based on the unconstitutionality 21 of this title or the validity of action taken under this title). If 22 in any such proceeding an issue by way of defense is raised 23 based on the unconstitutionality of this title or the validity of 24 agency action under this title, the case shall be subject to the 25 removal by either party to a district court of the United

1 States inaccordance with the applicable provisions of chapter 2 89 of title 28, United States Oode. Oases or controversies 3 arising under any rule, regulation, or order of any officer of a 4 State or local government agency may be heard in either (1)

5 any appropriate State court, or (2) without regard to the 6 amount in controversy, the district courts of the United 7 States.

8 OFFICERS AND EMPLOYEES

9 SEC. 507. Inthe performance of its functions, the Com-10 mission may appoint and fix the compensation of officers and 11 employees, including attorneys, who may be necessary. 12 Those officers and employees shall be appointed in accord-13 ance with the civil service laws and their compensation fixed 14 in accordance with title 5, United States Code.

15 ADVISORY COMMITTEES

16 SEC. 508. The Commission may establish in accordance 17 with the Federal Advisory Committee Act advisory commit-18 tees that it considers appropriate to assist in the performance 19 of its functions. Members of advisory committees, other than 20 full-time employees of the Federal Government, while at-21 tending meetings of the committees or while otherwise serv-22 ing at the request of the Commission away from their homes 23 or regular places of business, may be allowed travel ex-24 penses, including a per diem allowance in lieu of subsistence,

1 as authorized by section 5703 of title 5, United States Code, 2 for individuals in the Government serving without pay.

3 GE!'-'ERAL AUTHORITY

4 SEC. 509. To the extent necessary or appropriate to 5 perform any of its functions, the Oommission may exercise 6 any.authority available by law, including appropriation Acts, 7 to the commission, agency, or Department from which the 8 function was transferred

9 SUBPENA

10 SEC. 510. Except as otherwise provided by law, the 11 Oommission or its duly authorized agent or agents, shall have 12 the same power and authority as the Federal Trade Commie-13 sion under section 9 of the Federal Trade Oommission Act 14 (15 U.S.O. 49), for purposes of carrying out its functions.

15 CONTRACTS

16 SEC. 511. (a) The Commission may make, enter into, 17 and perform those contracts, leases, cooperative agreements, 18 or other similar transactions with public agencies and private 19 organizations and persons, and to make such payments (in 20 lump sum or installments, and by way of advance or reim-21 bursement) that it considers necessary or appropriate to carry 22 out functions vested in the Commission.

23 (b) Notwithstanding any other provision of this title, the 24 authority to enter into contracts or to make payments under

1 this title shall be effective only to the extent or in such 2 amounts as are provided in advance in appropriation Acts.

3 USE OF FACILITIES

4 SEC. 512. With their consent, the Commission may, 5 with or without reimbursement, use the research, services, 6 equipment, and facilities of any agency or instrumentality of 7 the United States or of any State, the District of Columbia, 8 the Commonwealth of Puerto Rico, or any territory or pos-9 session of the United States, or of any political subdivision 10 thereof, or of any foreign government, in carrying out any 11 function now or later vested in the Commission.

8 2562 18

12 FIELD OFFICES

13 SEC. 513. The Commission may establish, alter, con-14 solidate, maintain or discontinue State, regional, district, 15 local, or other field offices that it considers necessary to carry 16 out its functions.

17 EXPERTS AND CONSULTANTS

18 SEC. 514. The Commission may obtain services as au-19 thorized by section 3109 of title 5, United States Code, at a 20 rate, not to exceed the daily rate prescribed for grade GS-18 21. of the General Schedule under section 5332 of title 5, United, 22 States Code, for persons in Government service employed 23 intermittently.

1 GIFTS AND BEQUESTS

2 SEC. 515. The Commission may accept, administer, and 3 utilize gifts or donations of money or services for the pur-4 poses of its functions.

5 TITLE VI-ADMINISTRATIVE PROVISIONS

6 Subtitle A-Personnel Provisions

7 OFFICERS AND EMPLOYEES

8 SEC. 601. (a) The Secretary may appoint and fix the 9 compensation of the officers and employees, including attor-10 neys, who may be necessary to carry out the functions now 11 or later vested in him that relate to functions transferred by 12 this Act. Except as otherwise provided in this section, those 13 officers and employees shall be appointed in accordance with 14 the civil service laws and their compensation fixed in accord-15 ance with title 5, United States Code.

16 (b) Subject to the limitations on subsection (c) of this 17 section, and to the extent that he considers necessary to the 18 performance of functions now or later vested in him that 19 relate to functions transferred by this Act, the Secretary of 20 Commerce may establish scientific, engineering, professional, 21 and administrative positions, and appoint and subsequently 22 remove from those positions, not more than 5 per centum of 23 the personnel performing those functions described in sections 24 301 (b) and (c), without regard to civil service or veterans' 25 preference law. The Secretary of Commerce shall fix the

43

1 compensation of personnel so appointed at rates not inexcess 2 of the maximum rate payable for GS-18 of the General 3 Schedule under section 5332 of title 5, United States Code. 4 (c) Subsection (b) of this section may be used only with 5 respect to a position involving specialized skills or a position 6 that is difficult to fill because of its geographic location.

7 (d) To the extent deemed necessary by the Deputy Sec-8 retary whose functions are described in section 301(b) of this 9 Act, from the standpoint of the effective conduct of the de-10 fense programs and supported by the written determination of 11 the Deputy Secretary, and written approval of the Secretary, 12 officers or employees of the Department who are or will be 13 engaged in performing functions relating to defense programs 14 may be employed, and their compensation fixed at rates not 15 to exceed the maximum rate payable for ES-6 of the Gener-16 al Schedule under title 5 of the nited States Code, section 17 5332, without regard to the provisions of said title 5, which 18 provisions shall be utilized as a general guide.

19 ARMED FORCES PERSONNEL

20 SEC. 602. (a) The Secretary of Commerce may provide 21 for participation of Armed Forces personnel to perform func-22 tions now or later vested in him that relate to functions trans-23 ferred by this Act. An officer or enlisted member of an 24 Armed Force may be detailed for service in the Department 25 of Commerce by the Secretary (as that term is defined in 10

1 U.S.C. 101) under an interagency agreement with the Sec.e-2 tary of Commerce.

3 (b) The detail of personnel under this section does not 4 affect the status, office, rank, or grade that the detailed per-5 sonnel occupy or hold, or an emolument, perquisite, right, 6 privilege, or benefit incident to or arising out of that status, 7 office, rank, or grade. An officer or enlisted member so de-8 tailed is not subject to direction or control by his Armed 9 Force or any officer thereof, directly or indirectly, with

re-10 spect to the responsibilities exercised in the position to which 11 detailed.

12 EXPERTS AND CONSULTANTS

13 SEC. 603. The Secretary may obtain services as author-14 ized by section 3109 of title 5, United States Code, at rates 15 not to exceed the daily rate prescribed for grade GS-18 of 16 the General Schedule under section 5332 of title 5, United 17 States Code, for persons in Government service employed 18 intermittently.

19 Subtitle B-General Administrative Provisions

20 GENERAL AUTHORITY

21 SEC. 611. To the extent necessary or appropriate to 22 perform a function now or later vested in him that relates to 23 functions transferred by this Act, the Secretary may exercise, 24 in carrying out the function so transferred, any authority or 25 part thereof available by law, including appropriation Acts to

1 the official or agency from which the function was trans-2 ferred.

3 DELEGATION AND ASSlG 'MEN'f

4 SEC. 612. (a) Except as otherwise expressly prohibited

5 by law, the Secretary may delegate any of the functions now 6 or later vested in him that relate to functions transferred by 7 this Act to officers and employees of the Department whom 8 he designates, and may authorize successive redelegation of 9 those functions, as appropriate.

10 (b) The Secretary of Oommerce may, with the consent

11 of the Oommission, and following public notice, assign any of 12 the functions now or later vested in him that relate to func-13 tions transferred by this Act to the Oommission under such 14 terms and conditions, and for such period, as are mutually

15 agreed to by the Secretary of Oommerce and the

Commis-16 sion,

17 REORGANIZATIO '

18 SEC. 613. The authority of he Secretary of Oommerce

19 to establish, alter, consolidate, or discontinue organizational

20 units or components in the Department when he considers

21 that action necessary or appropriate does not extend to the 22 abolition of organizations established by title III of this Act.

23 RULES

24 SEC. 614. The Secretary may prescribe rules and

regu-25 lations that he considers necessary or appropriate to perform

1 the functions now or later vested in him that relate to func-2 tions transferred by this Act.

3 S BPENA

4 SEC. 615. The Secretary, or his duly authorized agent,

5 shall have the same powers and authorities as the Federal

6 Trade Oommission under section £) of the Federal Trade

7 Oommission Act (15 .S.O. -J,£) with respect to all functions 8 now or later vested in, or transferred or delegated to, the

9 Secretary or such an agent, and that relate to functions

10 transferred by this Act.

11 CO~lTRAC1'S

12 SEC. 616. (a) 'The Secretary may make, enter into, and

13 perform those contracts, leases, cooperative agreements, 14 grants, or other similar transactions with public agencies, pri-15 vate organizations, and persons, and make payments (in lump

16 sum or installments, and by way of advance or

reimburse-17 ment, and, in cases of grants, with neces ary adjustments on 18 account of overpayments and underpayments) as he considers 19 necessary or appropriate to carry out functions now or later 20 vested in him, that relate to functions transferred by this Act. 21 (b) Notwithstanding any other provision of this title, the 22· authority to enter into contracts or to make payments under 23 this title shall be effective only to the extent or in such 24 amounts as are provided in advance ill appropriation Acts.

1 (c) Notwithstanding any other law relating to the 2 making or modification of contracts, the Secretary of Com-3 merce, under regulations he may prescribe, may award, 4 modify, extend, or terminate contracts for the operation, 5 management, or support of facilities owned or controlled by 6 the Government that are used in the performance of functions 7 now or later vested in him that relate to functions transferred 8 by this Act.

9 ACQUISITIO TAm MAT TENANCE OF PROPERTY

10 SEC. 617. The Secretary of Commerce, in the perform-11 ance of functions now or later vested in him that relate to 12 functions transferred by this Act, may acquire (by purchase, 13 lease, condemnation, or otherwise), can truct, unprove, 14 repair, operate, and maintain real property and interests 15 therein of a special purpose nature, such as laboratories, re-16 search and testing sites and facilities, quarters and related 17 accommodations for employees and dependents of employees 18 of the Department, and provide by contract or otherwise for 19 eating facilities and other necessary facilities for the health 20 and welfare of employees of the Department at installations 21 not operated by GSA. General purpose space which could be 22 used or readily and economically adapted for use by other 23 Federal agencies shall be obtained from the Administrator of 24 General Services.

1 FACILITIES CONSTRUCTION

2 SEC. 618. (a) The Secretary of Commerce and the

Sec-14 _{(6) reimbursement for food, clothing, medicine,} ,"

.'

3 retary of the Interior, may, when considered necessary, pro-4 vide for, construct, equip, or maintain the following for

em-5 ployees or their dependents stationed at remote locations and

6 points outside the continental United

States-7 (1) emergency medical services and supplies;

8 (2) food and other subsistence supplies;

9 (3) messing facilities;

10 (4) audiovisual equipment, accessones, and

sup-11 plies for recreation and training;

12 (5) furnished living and working quarters and

13 facilities;

15 and other supplies furnished by those employees in

16 emergencies for the temporary relief of distressed

per-1"( s_{on ;}s

18 (7) transportation of school age dependents of

em-19 ployees to the nearest appropriate educational facilities.

20 (b) The Secretary may provide the services and supplies

21 under paragraphs (1), (2), and (3) of subsection (a) to employ-22 ees of other Federal agencies (including Army, Navy, and Air 23 Force personnel when Army, Navy, or Air Force facilities or 24 supplies are not available and upon request of the service 25 concerned).

1 (c) The furnishing of services and supplies under para-2 graphs (para-2) and (3) of subsection (a), hall be at prices reflect-3 ing reasonable value as determined by the Secretary.

4 (d) When specified in appropriations Acts, funds re-5 ceived in payment for work or services under this ection 6 may be credited as reimbursement to the appropriations or 7 funds which initially bore all or part of such co t or may be 8 used to refund excess sums when necessary. Such payments 9 may be credited to a working capital fund otherwise e tab-10 lished by law, and used under the law governing such a fund, 11 if the fund is available for use by the Department for per-12 forming the work or ervices for which payment is received.

13 USE OF FACILITIES

14 SEC. 619. (a) With their consent, the Secretary, with or 15 without reimbursement, may use the research, services, 16 equipment, and facilities of a per on, or public or private non-17 profit agency or organization, including any agency or instru-18 mentality of the United States or of any State, the District of 19 Oolumbia, the Oommonwealth of Puerto Rico, or any terri-20 tory or possession of the United States, or of any political 21 subdivision thereof, or of any foreign government, in carrying 22 out any function now or later vested in the Secretary that 23 relate to functions transferred by this Act.

24 (b) The Secretary of Oommerce, under terms, at rates, 25 and for periods that he considers to be in the public interest,

1 may permit the use by public and private agencies, corpora-2 tions, associations, or other organizations or by individuals of 3 any real property, or any facility, structure, or other im-4 provement thereon, under his custody. The Secretary of 5 Oommerce may require permittees under this section to re-6 condition and maintain, at their own expense, the real prop-7 erty, facilities, structures, and improvements involved to a 8 satisfactory standard.

9 (c) Proceeds from reimbursements under this section 10 shall be deposited in the Treasury and the Secretary of

Com-11 merce may withdraw them to pay directly the costs of the 12 equipment, or facilities provided, to repay or make advances 13 to appropriations or funds which do or will initially bear all or 14 a part of those costs, or to refund excess sums when neces-15 sary, except that the proceeds may be credited to a working 16 capital fund otherwise established by law, and used under the 17 law governing such a fund, if the fund is available for use for 18 providing the equipment or facilities involved.

19 FIELD OFFICES

20 SEC. 620. The Secretary may establish, alter, consoli-21 date, maintain, or discontinue State, regional, district, local, 22 or other field offices when he considers it necessary to carry 23 out functions now or later vested in him that relate to

1 INTELLECTUAL PROPERTY RIGHTS

2 SEC. 621. The Secretary of Commerce may 3 qUITe the following described rights if the property so ac-4 quired is for use by or for, or useful to, the Department of 5 Commerce:

6 (1) copyrights, patents, and applications for pat-7 ents, designs, processes, and manufacturing data;

8 (2) licenses under copyrights, patents, and applica-9 tions for patents; and

10 (3) releases, before suit is brought, for past

in-11 fringement of patents or copyrights.

12 RIGHT TO INTERVE E I COMMISSION PROCEEDINGS 13 SEC. 622. The Secretary of Oommerce may as a matter 14 of right intervene or otherwise participate in any proceeding 15 before the Commission. The Secretary shall comply with 16 rules of procedure of general applicability governing the 17 timing of intervention or participation in such a proceeding or 18 activity and, upon intervening or participating, shall comply 19 with rules of procedure of general applicability governing the 20 conduct of the proceeding or activity. The intervention or 21 participation of the Secretary in any proceeding or activity 22 shall not affect the obligation of the Oommission to assure 23 procedural fairness to all participants.

1 A THORIZATIO

2 SEC. 623. There are authorized to be appropriated such

3 sums as are necessary to carry out the transfers authorized 4 by this Act.

5 INITIATIO~ OF RULEMAKlNG PROCEEDINGS BEFORE

6 COM:\IISSro"

7 SEC. 624. (a) The Secretary of Commerce is authorized

8 to propose rules, regulations, and statements of policy of

gen-9 eral applicability with respect to any function within the

ju-10 risdiction of the Commission under section 503 of this Act.

11 (b) The Commission shall have exclusive jurisdiction

12 with respect to any proposal made under subsection (a), and 13 shall consider and take final action on any proposal made by

14 the Secretary of Commerce under such ubsection in an

ex-15 peditious manner in accordance with such reasonable time

16 limits as may be set by the Secretary of Commerce for the

17 completion of action by the Commi ion on any uch

18 proposal.

19 TITLE VII-TRANSITIONAL, SAVINGS, AND

20 CONFORMING PROVISIONS

21 TRANSFER AND AI,LOCATIONS OF APPROPRIATIONS AND

22 PERSON, EL

23 SEC. 701. (a) Except as provided m sections 701(b),

24 70l(c), and 702 of this Act, the personnel employed in con-25 nection with, and the personnel positions, assets, liabilities,

1 contracts, property, records, and unexpended balance of ap-2 propriations, authorizations, allocation, and other funds em-3 ployed, held, used, arising from, available to or to be made 4 available in connection with functions transferred by this Act, 5 including all Senior Executive Service and GS-16, GS-17, 6 and GS-18 positions, subject to section 202 of the Budget 7 and Accounting Procedure Act of 1950, are transferred to 8 . the Department or the Commission for appropriate alloca-9 tion.

10 (b) The personnel employed in the Office of Inspector 11 General of the Department of Energy, and the personnel po-12 sitions, assets, liabilities, contracts, property, records, and 13 unexpended balance of appropriations, authorizations, alloca-14 tions, and other funds employed, held, used, arising from, 15 available to or to be made available to that Office, subject to 16 section 202 of the Budget and Accounting Procedures Act of 17 1950, are transferred, as may be appropriate, to the Offices 18 of Inspector General of the Departments listed in section 19 102(4).

20 (c) The Director of the Office of Management and 21 Budget, in consultation with the Secretary, shall determine 22 how the transfers described in subsection (b) shall be allo-23 cated among the Departments listed in section 102(4).