« PreviousContinue »
REMEDIAL ORDERS Violations. Sec. 503. (a) If upon investigation the Secretary or his authorized 42 USC 7193.
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. Each 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 thirty 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 in. tends 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 Hearing. interest requires immediate compliance with such remedial order. The
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 dis
closure of the facts, the Commission shall afford the right 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.
(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 preceding provisions of 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 violatior, issued
after the effective date of this Act.
(g) With respect to any person whose sole petroleum industry operation relates to the marketing of petroleum products, the Secretary or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a remedial order against such person for any violation of any rule or regulation if
(1) such civil action or order is based on a retroactive application of such rule or regulation or is based upon a retroactive interpretation of such rule or regulation; and
(2) such person relied in good faith upon rules, regulations, or ruling in effect on the date of the violation interpreting such rules or regulations.
42 USC 7194.
15 USC 761 note.
REQUESTS FOR ADJUSTMENTS 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
15 USC 791 note. 42 USC 6201 note.
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 hardship, 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) If 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 Commission 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 Report to Secretary shall submit a report to Congress concerning the actions Congress, taken to implement section 501. The report shall include a discussion 42 USC 7195. 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 VI-ADMINISTRATIVE PROVISIONS
PART A-CONFLICT OF INTEREST PROVISIONS
SEC. 601. (a) For the purposes of this title, the following officers or Supervisory employees of the Department are supervisory employees:
employees. (1) an individual holding a position in the Department at 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 GS-16 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,
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 develop ing, extracting, producing, refining, transporting by pipeline, converting into synthetic fuel, distributing, or selling 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 å 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, developnient, or demonstration with financial assistance under any Act the functions of which are vested in or dele
gated 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) At 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 602(a), 603(a), 605(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 waive 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.
List of energy concerns, publication.
Energy concerns, knowledge of interest or positions.
42 USC 7212.
DIVESTITURE OF ENERGY HOLDINGS BY SUPERVISORY OFFICIALS Sec. 602. (a) No supervisory employee shall knowingly receive compensation from, or hold any official relation with, any energy con
cern, or own stocks or bonds of any energy concern, or have any pecuniary interest therein.
(b) Personnel transferred to the Department pursuant to section Transferred 701 of this Act shall have six months to comply with the provisions personnel, of subsection (a) with respect to prohibited property holdings. Any compliance. person transferred pursuant to section 701 of this Act shall notify the Notice. Secretary 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 ('omissjon.
(c) Where exceptional hardship would result, or where the inter- Waiver. est 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 Federal Register;
Publication in (2) contain a finding by the Secretary that exceptional hard- Federal Register. ship would result or that there 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 concern shall disclose such income or ownership pursuant to section 603.
DISCLOSU'RE OF ENERGY ASSETS
SEC. 603. (a) Each individual who at any time during the calendar Report. year serves as an officer or employee of the Department shall disclose to 42 USC 7213. the Secretary
(1) the amount of income and the identity of the source of income knowingly received by such individual, his spouse, or dependent from any energy concern, and
(2) the identity and value of interest knowingly held in any
such concern during such calendar year. Such report shall be filed not later than thirty days after commencing service in the Department and on May 15 following each such calendar year. Each report under this subsection shall be in such form and manner 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 recording 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) In the rules prescribed in subsection (b), the Secretary shall Exempt identify specific positions, or classes thereof, within the Department positions. which are of a nonregulatory or nonpolicymaking nature at or below GS-12 of the General Schedule and shall exempt such positions and
5 USC 5332 note.
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 OX PRIOR EMPLOYMENT
42 USC 7214.
SEC. 604. (a) Within sixty days of becoming a supervisory cmployee 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 tive 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
(1) 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 l'esult of a privileged relationship, recognized by law, bet ween 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 (lirectly involved in the provision of such services.
42 USC 7215.
POSTEMPLOYMENT PROTIBITIONS AND REPORTING REQUIREMENTS 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 fornier supervisory employee with outstanding scientific or technological qualifications from making any appearance, attendance, or written or oral communica