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Sec. 2. (a) As used in this Act, unless otherwise provided or indi. 42 USC 7101. cated by the context, the term the “Department” means the Department of Energy or any component thereof, including the Federal Energy Regulatory Commission.
(b) As used in this Act (1) reference to “function" includes reference to any duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) reference to “perform”, when used in relation to functions, includes the undertaking, fulfillment, or execution of any duty or obligation; and the exercise of power, authority, rights, and privileges.
(c) As used in this Act, “Federal lease” means an agreement which, for any consideration, including but not limited to, bonuses, rents, or royalties conferred and covenants to be observed, authorizes a person to explore for, or develop, or produce (or to do any or all of these) oil and gas, coal, oil shale, tar sands, and geothermaï resources on lands or interests in lands under Federal jurisdiction.
TITLE I-DECLARATION OF FINDINGS AND PURPOSES
42 USC 7111.
Sec. 101. The Congress of the United States finds that
(1) the United States faces an increasing shortage of nonrenewable energy resources;
(2) this energy shortage and our increasing dependence on foreign energy supplies present a serious threat to the national security of the United States and to the health, safety and welfare of its citizens;
(3) a strong national energy program is needed to meet the present and future energy needs of the Nation consistent with overall nation economic, environmental and social goals;
(4) responsibility for energy policy, regulation, and research, development and demonstration is fragmented in many departments and agencies and thus does not allow for the comprehensive, centralized focus necessary for effective coordination of energy supply and conservation programs; and
(5) formulation and implementation of a national energy program require the integration of major Federal energy functions into a single department in the executive branch.
Sec. 102. The Congress therefore declares that the establishment 42 USC 7112. of a Department of Energy is in the public interest and will promote the general welfare by assuring coordinated and effective administration of Federal energy policy and programs. It is the purpose of this Act
(1) to establish a Department of Energy in the executive branch;
(2) to achieve, through the Departinent, effective management of energy functions of the Federal Government, including consultation with the heads of other Federal departments and agencies in order to encourage them to establish and observe policies consistent with a coordinated energy policy, and to promote maximum possible energy conservation measures in connection with the activities within their respective jurisdictions;
(3) to provide for a mechanism through which a coordinated national energy policy can be formulated and implemented to deal with the short-, mid- and long-term energy problems of the Vation; and to develop plans and programs for dealing with domestic energy procluction and import shortages;
(4) to create and implement a comprehensive energy conservation strategy that will receive the highest priority in the national energy program;
(5) to carry out the planning, coordination, support, and management of a balanced and comprehensive energy research and development program, including
(1) assessing the requirements for energy research and development;
(B) developing priorities necessary to meet those requirements;
(C) undertaking programs for the optimal development of the various forms of energy production and conservation; and
(D) disseminating information resulting from such programs, including disseminating information on the commercial feasibility and use of energy from fossil, nuclear, solar,
geothermal, and other energy technologies; (6) to place major emphasis on the development and commercial use of solar, geothermal, recycling and other technologies utilizing renewable energy resources;
(7) to continue and improve the effectiveness and objectivity of a central energy data collection and analysis program within the Department;
(8) to facilitate establishment of an effective strategy for distributing and allocating fuels in periods of short supply and to provide for the administration of a national energy supply reserve;
(9) to promote the interests of consumers through the provision of an adequate and reliable supply of energy at the lowest reasonable cost;
(10) to establish and implement through the Department, in coordination with the Secretaries of State, Treasury, and Defense, policies regarding international energy issues that have a direct impact on research, development, utilization, supply, and conservation of energy in the United States and to undertake activities involving the integration of domestic and foreign policy relating to energy, including provision of independent technical advice to the President on international negotiations involving energy resources, energy technologies, or nuclear weapons issues, except that the Secretary of State shall continue to exercise primary authority for the conduct of foreign policy relating to energy and nuclear nonproliferation, pursuant to policy guidelines established by the President;
(11) to provide for the cooperation of Federal, State, and local governments in the development and implementation of national energy policies and programs;
(12) to foster and assure competition among parties engaged in the supply of energy and fuels;
(13) to assure incorporation of national environmental protection goals in the formulation and implementation of energy programs, and to advance the goals of restoring, protecting, and enhancing environmental quality, and assuring public health and safety;
(14) to assure, to the maximum extent practicable, that the productive capacity of private enterprise shall be utilized in the development and achievement of the policies and purposes of this Act;
(15) to provide for, encourage, and assist public participation in the development and enforcement of national energy programs;
(16) to create an awareness of, and responsibility for, the fuel and energy needs of rural and urban residents as such needs pertain to home heating and cooling, transportation, agricultural production, electrical generation, conservation, and research and development;
(17) to foster insofar as possible the continued good health of the Nation's small business firms, public utility districts, municipal utilities, and private cooperatives involved in energy production, transportation, research, development, demonstration, marketing, and merchandising: and
(18) to provide for the administration of the functions of the Energy Research and Development Administration related to nuclear weapons and national security which are transferred to the Department by this Act.
RELATIONSHIP WITH STATES
Sec. 103. Whenever any proposed action by the Department conflicts 42 USC 7113. with the energy plan of any State, the Department shall give due consideration to the needs of such State, and where practicable, shall attempt to resolve such conflict through consultations with appropriate State officials. Nothing in this Act shall affect the authority of any State over matters exclusively within its jurisdiction.
TITLE II.-ESTABLISHMENT OF THE DEPARTMENT
Sec. 201. There is hereby established at the seat of government an 42 USC 7131. executive department to be known as the Department of Energy. There shall be at the head of the Department a Secretary of Energy Secretary of (hereinafter in this Act referred to as the “Secretary”), who shall be Energy, appointed by the President by and with the advice and consent of the appointment and Senate. The Department shall be administered, in accordance with the provisions of this Act, under the supervision and direction of the Secretary.
Sec. 202. (a) There shall be in the Department a Deputy Secretary, Deputy who shall be appointed by the President, by and with the advice and Secretary, consent of the Senate, and who shall be compensated at the rate pro- appointment and vided for level II of the Executive Schedule under section 5313 of title
confirmation. 5, United States Code. The Deputy Secretary shall act for and exercise
42 USC 7132. the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices.
(b) There shall be in the Department an Under Secretary and a Under Secretary General Counsel, who shall be appointed by the President, by and with and General the advice and consent of the Senate, and who shall perform such
Counsel, appointment and confirmation.
functions and duties as the Secretary shall prescribe. The Under Secretary shall bear primary responsibility for energy conservation. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code, and the General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code.
Sec. 203. (a) There shall be in the Department eight Assistant Sec, retaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate; who shall be compensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5, United States Code; and who shall perform, in accordance with applicable law, such of the functions transferred or delegated to, or vested in, the Secretary as he shall prescribe in accordance with the provisions of this Act. The functions which the Secretary shall assign to the Assistant Secretaries include, but are not limited to, the following:
.(1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal lands.
(2) Energy research and development functions, including the responsibility for policy and management of research and devel. opment for all aspects of
(A) solar energy resources;
D) the fuel cycle for fossil energy resources; and
(E) the fuel cycle for nuclear energy resources. (3) Environmental responsibilities and functions, including advising the Secretary with respect to the conformance of the Department's activities to environmental protection laws and principles, and conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs.
(4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in section 102 of this Act.
(5) National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national security functions involving nuclear weapons research and development.
(6) Intergovernmental policies and relations, including responsibilities for assuring that national energy policies are reflective of and responsible to the needs of State and local governments, and for assuring that other components of the Department coordinate their activities with State and local governments, where appropriate, and develop intergovernmental communications with State and local governments.
(?) Competition and consumer affairs, including responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the energy policymaking
processes, and assisting the Secretary in the formulation and
(A) the establishment of control over existing Government
(B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commercial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or effect title to such waste;
(C) the establishment of temporary and permanent facilities for storage, management, and ultimate disposal of nuclear wastes;
(D) the establishment of facilities for the treatment of nuclear wastes;
(E) the establishment of programs for the treatment, management, storage, and disposal of nuclear wastes;
(F) the establishment of fees or user charges for nuclear waste treatment or storage facilities, including fees to be charged Government agencies; and
(G) the promulgation of such rules and regulations to
implement the authority described in this paragraph, except that nothing in this section shall be construed as granting to the Department regulatory functions presently within the Nuclear Regulatory Commission, or any additional functions than those already conferred by law.
(9) Energy conservation functions, including the development of comprehensive energy conservation strategies for the Nation, the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conservation programs, and the dissemination to the public of all available information on energy conservation programs and measures.
(10) Power marketing functions, including responsibility for marketing and transmission of Federal power.
(11) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the
Department and the Congress and the Department and the public. (b) At the time the name of any individual is submitted for con- Responsibilities, firmation the position of Assistant Secretary, the President shall identification. identify with particularity the function or functions described in subsection (a) (or any portion thereof) for which such individual will be responsible.
FEDERAL ENERGY REGULATORY COMMISSION
Sec. 204. There shall be within the Department, a Federal Energy 42 USC 7134. Regulatory Commission established by title IV of this Act (hereinafter referred to in this Act as the "Commission”). The Chairman shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, United States Code. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of