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and transmit to the Congress a report on the effects on employees of the reorganization under this Act, which shall include
(i) an identification of any position within the Department or elsewhere in the executive branch, which it considers unnecessary due to consolidation of functions under this Act;
(2) a statement of the number of employees entitled to pay sar. ings by reason of the reorganization under this Act;
(3) a statement of the number of employees who are voluntarily or involuntarily separated by reason of such reorganization;
(4) an estimate of the personnel costs associated with such reorganization;
(5) the effects of such reorganization on labor management relations; and
(6) such legislative and administrative recommendations for improvements in personnel management within the Department as the Commission considers necessary.
ENVIRONMENTAL IMPACT STATEMENTS
42 USC 7301.
Sec. 713. The transfer of functions under titles III and IV of this Act shall not affect the validity of any draft environmental impact statement published before the effective date of this Act.
TITLE VIII-ENERGY PLANNING
XATIONAL EXERGY POLICY PLAN
42 USC 7321.
Sec. 801. (a) The President shall
(1) prepare and submit to the Congress a proposed National Energy Policy Plan (hereinafter in this title referred to as a “proposed Plan") as provided in subsection (b);
(2) seek the active participation by regional, State, and local agencies and instrumentalities and the private sector through public hearings in cities and rural communities and other appro priate means to insure that the views and proposals of all seg. ments of the economy are taken into account in the formulation and review of such proposed Plan;
(3) include within the proposed Plan a comprehensive summary of data pertaining to all fuel and energy needs of persons residing in
(A) areas outside standard met ropolitan statistical areas: and
(B) areas within standard metropolitan statistical areas which are unincorporated or are specified by the Bureau of
the ('ensus, Department of Commerce, as rural areas. (b) Vot later than April 1, 1979, and biennially thereafter, the President shall transmit to the Congress the proposed Plan. Such proposed Plan shall
(1) consider and establish energy production, utilization, and conservation objectives, for periods of five and ten years, necessary to satisfy projected energy needs of the l'nited States to meet the requirements of the general relfare of the people of the United States and the commercial and industrial life of the Nation, paring particular attention to the needs for full employment, price stability, energy security, economic growth, environmental protection, nuclear non-proliferation, special regional needs, and the efficient utilization of public and private resources;
(2) identify the strategies that should be followed and the resources that should be committed to achieve such objectives, forecasting the level of production and investment necessary in each of the significant energy supply sectors and the level of conservation and investment necessary in each consuming sector, and outlining the appropriate policies and actions of the Federal Government that will maximize the private production and investment necessary in each of the significant energy supply sector; consistent with applicable Federal, State, and local environmental laws, standards, and requirements; and
(3) recommend legislative and administrative actions necessary and desirable to achieve the objectives of such proposed Plan, including legislative recommendations with respect to taxes or tax incentives, Federal funding, regulatory actions, antitrust
policy, foreign policy, and international trade. (c) The President shall submit to the Congress with the proposed Report to Plan a report which shall include
Congress. (1) whatever data and analysis are necessary to support the objectives, resource needs, and policy recommendations contained in such proposed Plan;
(2) an estimate of the domestic and foreign energy supplies on which the United States will be expected to rely to meet projected energy needs in an economic manner consistent with the need to protect the environment, conserve natural resources, and implement foreign policy objectives;
(3) an evaluation of current and foreseeable trends in the price, quality, management, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the Nation;
(4) a summary of research and development efforts funded by the Federal Government to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to otherwise protect environmental quality, including recommendations for developing technologies to accomplish such purposes; and
(5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal, State, and local governments and nongovernmental entities to achieve
the purposes of the Plan. (d) The President shall insure that consumers, small businesses, Consultation. and a wide range of other interests, including those of individual citizens who have no financial interest in the energy industry, are consulted in the development of the Plan.
Sec. 802. (a) Each proposed Plan shall be referred to the appro- Plan, referral to priate committees in the Senate and the House of Representatives. congressional
42 USC 7322.
(b) Each such committee shall review the proposed Plan and, if committees. it deems appropriate and necessary, report to the Senate or the House of Representatives legislation regarding such Plan which
Report to may contain
Congress. such alternatives to, modifications of, or additions to the proposed Plan submitted by the President as the committee deems appropriate.
TITLE IX-EFFECTIVE DATE AND INTERIM
42 USC 7341.
Publication in Sec. 901. The provisions of this Act shall take effect one hundred Federal Register. and twenty days after the Secretary first takes office. or on such earlier Regulations.
date as the President may prescribe and publish in the Federal Register, except that at any time after the date of enactment of this Act, (1) any of the officers provided for in title II and title IV of this Act may be nominated and appointed, as provided in those titles. and (2) the Secretary and the Commission may promulgate regulations pursuant to section 705(b)(2) of this Act at any time after the date of enactment of this Act. Funds available to any department or agency (or any official or component thereof), functions of which are transferred to the Secretary or the Commission by this Act, may with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any officer appointed pursuant to this subsection until such time as funds for that purpose are otherwise available.
42 USC 7342.
Sec. 902. In the event that one or more officers required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, whose appointment was required to be made, by and with the advice and consent of the Senate, and who was such an officer immediately prior to the effective date of the Act, to act in such office until the office is filled as provided in this Act. While so acting such persons shall receive compensation at the rates provided by this Act for the respective offices in which they act.
TITLE X-SUNSET PROVISIONS
SUBMISSION OF COMPREHENSIVE REVIEW
Sec. 1001. Not later than January 15, 1982, the President shall prepare and submit to the Congress a comprehensive review of each program of the Department. Each such review shall be made available to the committee or committees of the Senate and House of Representatives having jurisdiction with respect to the annual authorization of funds, pursuant to section 660, for such programs for the fiscal year beginning October 1, 1982.
CONTENTS OF REVIEW
42 USC 7352.
Sec. 1002. Each comprehensive review prepared for submission under section 1001 shall include
(1) the name of the component of the Department responsible for administering the program;
(2) an identification of the objectives intended for the program and the problem or need which the program was intended to address;
(3) an identification of any other programs having similar or potentially conflicting or duplicative objectives;
(4) an assessment of alternative methods of achieving the purposes of the program;
(5) a justification for the authorization of new budget authority, and an explanation of the manner in which it conforms to and integrates with other efforts;
(6) an assessment of the degree to which the original objectives of the program have been achieved, expressed in terms of the performance, impact, or accomplishments of the program and of the problem or need which it was intended to address, and employing the procedures or methods of analysis appropriate to the type or character of the program;
(7) a statement of the performance and accomplishments of the program in each of the previous four completed fiscal years and of the budgetary costs incurred in the operation of the program;
(8) a statement of the number and types of beneficiaries or persons served by the program;
(9) an assessment of the effect of the program on the national economy, including, but not limited to, the effects on competition, economic stability, employment, unemployment, productivity, and price inflation, including costs to consumers and to businesses;
(10) an assessment of the impact of the program on the Nation's health and safety;
(11) an assessment of the degree to which the overall administration of the program, as expressed in the rules, regulations, orders, standards, criteria, and decisions of the officers executing the program, are believed to meet the objectives of the Congress in establishing the program;
(12) a projection of the anticipated needs for accomplishing the objectives of the program, including an estimate if applicable of the date on which, and the conditions under which, the program may fulfill such objectives;
(13) an analysis of the services which could be provided and performance which could be achieved if the program were continued at a level less than, equal to, or greater than the existing level; and
(14) recommendations for necessary transitional requirements in the event that funding for such program is discontinued, including proposals for such executives or legislative action as may be necessary to prevent such discontinuation from being
unduly disruptive. Approved August 4, 1977.
95-346, pt. II (Comm. on Post Office and Civil Service), both parts
accompanying H.R. 6804, and 95-539 (Comm. of Conference). SENATE REPORTS: No. 95-164 (Comm. on Governmental Affairs) and No. 95-367
(Comm. of Conference). CONGRESSIONAL RECORD, Vol. 123 (1977):
May 18, considered and passed Senate.
Aug. 2, House and Senate agreed to conference report.
Aug. 4, Presidential statement.