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Title II — Establishment of Department

H.R. 5322 · 113th Congress · Jul 31, 2014 · Lineage

II Establishment of Department

Sec. 201 Establishment

(a)
Establishment— There is established at the seat of government an executive department to be known as the Department of Energy and the Environment.
(b)
Secretary— There shall be at the head of the Department a Secretary of Energy and the Environment, who shall be appointed by the President by and with the advice and consent of the Senate.
(c)
Administration— The Department shall be administered, in accordance with this Act, under the supervision and direction of the Secretary.

Sec. 202 Principal officers

(a)
Deputy Secretary—
(1)
In general— There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Duties— The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant.
(3)
Order of succession— The Secretary shall designate the order in which the Under Secretaries 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)
Under Secretary of Environment—
(1)
In general— There shall be in the Department an Under Secretary of Environment, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Duties— The Under Secretary of Environment shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act.
(c)
Under Secretary of Nuclear Security—
(1)
In general— There shall be in the Department an Under Secretary of Nuclear Security, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Qualifications— The Under Secretary of Nuclear Security shall be appointed from among individuals who—
(A)
have extensive backgrounds in national security, organizational management, and appropriate technical fields; and
(B)
are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the National Nuclear Security Administration in a manner that advances and protects the national security of the United States.
(3)
Administrator of Nuclear Security—
(A)
In general— The Under Secretary of Nuclear Security shall serve as the Administrator of Nuclear Security under section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402).
(B)
Functions—
(i)
In general— In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority, direction, and control of the Secretary.
(ii)
Delegation— The authority, direction, and control of the Secretary may be delegated only to the Deputy Secretary of Energy and the Environment, without redelegation.
(d)
Under Secretary of Science—
(1)
In general— There shall be in the Department an Under Secretary of Science, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Qualifications— The Under Secretary of Science shall be appointed from among individuals who—
(A)
have extensive background in scientific or engineering fields; and
(B)
are well qualified to manage the civilian research and development programs of the Department.
(3)
Duties— The Under Secretary of Science shall—
(A)
serve as the Science and Technology Advisor to the Secretary;
(B)
monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs;
(C)
advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department;
(D)
advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department;
(E)
advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department;
(F)
advise the Secretary with respect to long-term planning, coordination, and development of a strategic framework for Department research and development activities; and
(G)
carry out such additional duties that the Secretary assigns to the Under Secretary relating to basic and applied research, including supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 203, as the Secretary determines appropriate.
(e)
Under Secretary of Energy—
(1)
In general— There shall be in the Department an Under Secretary of Energy, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Duties— The Under Secretary of Energy shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act.
(f)
General Counsel—
(1)
In general— There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Duties— The General Counsel shall perform such functions and duties as the Secretary shall prescribe, consistent with this Act.

Sec. 203 Assistant Secretaries

(a)
In general— There shall be in the Department 18 Assistant Secretaries, each of whom shall be appointed by the President, by and with the advice and consent of the Senate.
(b)
Functions— The Assistant Secretaries shall perform such functions of the Secretary as are prescribed by the Secretary, including the following:
(1)
Air and radiation functions.
(2)
Enforcement and compliance assurance functions.
(3)
Legacy management functions.
(4)
Solid waste and emergency response functions.
(5)
Environmental research and development functions.
(6)
Water functions.
(7)
Chemical safety and pollution prevention functions.
(8)
Environmental management functions.
(9)
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 land.
(10)
Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of—
(A)
solar energy resources;
(B)
geothermal energy resources;
(C)
recycling energy resources;
(D)
the fuel cycle for fossil energy resources; and
(E)
the fuel cycle for nuclear energy resources.
(11)
Environmental responsibilities and functions, including—
(A)
advising the Secretary with respect to the conformance of the activities of the Department to environmental protection laws and principles; and
(B)
conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs.
(12)
International programs and international policy functions, including functions that assist in promoting international energy.
(13)
Intergovernmental policies and relations, including responsibilities for ensuring that—
(A)
national energy policies are reflective of and responsible to the needs of State and local governments; and
(B)
other components of the Department coordinate activities with State and local governments, if appropriate, and develop intergovernmental communications with State and local governments.
(14)
Competition and consumer affairs, including responsibilities for—
(A)
the promotion of competition in the energy industry;
(B)
the protection of the consuming public in the energy policymaking processes; and
(C)
assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs.
(15)
Nuclear waste management responsibilities, including—
(A)
the establishment of control over existing Federal Government facilities for the treatment and storage of nuclear wastes, including all containers, casks, buildings, vehicles, equipment, and all other materials associated with the facilities;
(B)
the establishment of control over all existing nuclear waste in the possession or control of the Federal Government and all commercial nuclear waste presently stored on site (other than the site of a licensed nuclear power electric generating facility), except that nothing in this paragraph shall alter or effect title to the 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 Federal Government agencies; and
(G)
the promulgation of rules and regulations to implement the authority described in this paragraph, except that nothing in this section grants to the Department regulatory functions of the Nuclear Regulatory Commission, or any additional related functions, as of the date of enactment of this Act.
(16)
Energy conservation functions, including—
(A)
the development of comprehensive energy conservation strategies for the United States;
(B)
the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption;
(C)
the administration of voluntary and mandatory energy conservation programs; and
(D)
the dissemination to the public of all available information on energy conservation programs and measures.
(17)
Power marketing functions, including responsibility for marketing and transmission of Federal power.
(18)
Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and Congress and the Department and the public.
(c)
Specific functions— At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the one or more functions described in subsection (b) (or any portion of the function) for which the individual will be responsible.

Sec. 204 Other officers

(a)
Inspector General— There is an Inspector General of the Department, who shall be appointed as provided in section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.).
(b)
Other officers— To assist the Secretary in the performance of the functions of the Secretary, there are the following officers of the Department, who shall be appointed by the Secretary:
(1)
A Chief Financial Officer.
(2)
A Congressional and Intergovernmental Affairs Officer.
(3)
A Community and Public Affairs Officer.
(4)
A Management and Human Resources Officer.
(5)
A Hearings and Appeals Officer.
(6)
A Chief Information Officer.
(7)
An Intelligence and Counterintelligence Officer.
(c)
Performance of specific functions— Subject to this Act, each officer of the Department shall perform the functions specified by law for the office of the official or prescribed by the Secretary.

Sec. 205 Federal Energy Regulatory Commission

(a)
In general— There shall be within the Department, a Federal Energy Regulatory Commission established in accordance with title IV.
(b)
Qualifications— The Chair and members of the Commission shall be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy.

Sec. 206 Energy and Environmental Information Administration

(a)
In general— There shall be within the Department an Energy and Environmental Information Administration.
(b)
Administrator—
(1)
In general— The Energy and Environmental Information Administration shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate.
(2)
Qualifications— The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy and environmental information system.
(3)
Duties— The Administrator shall be responsible for carrying out a central comprehensive, and unified energy data and information program that will collect, evaluate, assemble, analyze, and disseminate data and information that is relevant to—
(A)
energy resource reserves, energy production, demand, and technology, environmental protection, and related economic and statistical information; or
(B)
the adequacy of energy resources to meet demands in the near and longer term future for the economic and social needs of the United States.
(c)
Functions—
(1)
In general— The Secretary shall delegate to the Administrator the functions vested in Federal law relating to gathering, analysis, and dissemination of energy and environmental information.
(2)
Enforcement— The Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of the delegated functions.
(3)
Additional functions—
(A)
In general— There shall be vested in the Administrator, and the Administrator shall perform, the functions assigned to the Director of the Office of Energy Information and Analysis under part B of the Federal Energy Administration Act of 1974 (15 U.S.C. 790 et seq.).
(B)
Administration— Sections 53(d) and 59 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790b(d), 790h) shall apply to the Administrator in the performance of any function under this Act.
(d)
Approval— The Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with—
(1)
the collection or analysis of any information; or
(2)
prior to publication, the substance of any statistical or forecasting technical reports that the Administrator has prepared in accordance with law.
(e)
Audit reviews— The Energy and Environmental Information Administration shall be subject to an annual professional audit review of performance.
(f)
Furnishing of information to Department— On request, the Administrator shall promptly provide any information or analysis obtained under this section to any other administration, commission, or office within the Department.
(g)
Public availability—
(1)
In general— Subject to paragraphs (2) and (3), information collected by the Energy Information Administration shall be cataloged and, on request, promptly made available to the public in a form and manner easily adaptable for public use.
(2)
Exempted matters— This subsection shall not require disclosure of matters exempted from mandatory disclosure by section 552(b) of title 5, United States Code.
(3)
Administration— Section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(d)), and section 17 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5916), shall continue to apply to any information obtained by the Administrator under those provisions.
(h)
Major energy-Producing companies—
(1)
Definitions— In this subsection:
(A)
Energy-producing company— The term energy-producing company means a person engaged in—
(i)
ownership or control of mineral fuel resources or nonmineral energy resources;
(ii)
exploration for, or development of, mineral fuel resources;
(iii)
extraction of mineral fuel or nonmineral energy resources;
(iv)
refining, milling, or otherwise processing mineral fuels or nonmineral energy resources;
(v)
storage of mineral fuels or nonmineral energy resources;
(vi)
the generation, transmission, or storage of electrical energy;
(vii)
transportation of mineral fuels or nonmineral energy resources by any means whatever; or
(viii)
wholesale or retail distribution of mineral fuels, nonmineral energy resources or electrical energy.
(B)
Energy industry— The term energy industry means all energy-producing companies.
(C)
Person— The person has the meaning given the term in section 11(e) of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796(e)).
(2)
Identification and designation—
(A)
In general— In addition to the acquisition, collection, analysis, and dissemination of energy information pursuant to this section, the Administrator shall identify and designate major energy-producing companies that alone or with their affiliates are involved in one or more lines of commerce in the energy industry in a manner that the energy information collected from the major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States.
(B)
Administration— In carrying out this subsection, the Administrator shall—
(i)
use, to the maximum extent practicable and consistent with this Act, reliable statistical sampling techniques; and
(ii)
otherwise give priority to the minimization of the reporting of energy information by small businesses.
(3)
Financial report—
(A)
In general— The Administrator shall develop and make effective for use the format for an energy-producing company financial report.
(B)
Use— The report shall be designed to allow comparison on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of the energy-producing companies—
(i)
an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which the company is engaged and for all significant energy-related functions within the energy-producing companies;
(ii)
an analysis of the competitive structure of sectors and functional groupings within the energy industry;
(iii)
the segregation of energy information, including financial information, describing company operations by energy source and geographic area;
(iv)
the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within the energy-producing companies; and
(v)
such other analysis or evaluations as the Administrator finds necessary to carry out this Act.
(4)
Accounting practices— The Administrator shall—
(A)
consult with the Chairman of the Securities and Exchange Commission with respect to the development of accounting practices required by the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) to be followed by persons engaged in whole or in part in the production of crude oil and natural gas; and
(B)
ensure, to the maximum extent practicable, that the energy-producing company financial report described in paragraph (3) is consistent with the accounting practices, if applicable.
(5)
Frequency— The Administrator—
(A)
shall require each major energy-producing company to file with the Administrator an energy-producing company financial report on at least an annual basis; and
(B)
may request energy information described in the report on a quarterly basis if the Administrator determines that the quarterly report of information will substantially assist in achieving the purposes of this Act.
(6)
Summary— A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator considers appropriate, shall be included in the annual report of the Department required by section 626.
(7)
Disclosure of confidential information— Section 1905 of title 18, United States Code, shall apply to any information obtained by the Administration pursuant to this subsection.
(i)
Surveys of energy consumption—
(1)
In general— The Administrator shall conduct and publish the results of a survey of energy consumption in the manufacturing industries in the United States at least once every 2 years.
(2)
Confidentiality— The Administrator shall conduct the surveys in a manner designed to protect the confidentiality of individual responses.
(3)
Information— In conducting the survey, the Administrator shall collect information, including information on—
(A)
the quantity of fuels consumed;
(B)
energy expenditures;
(C)
fuel-switching capabilities; and
(D)
the use of nonpurchased sources of energy, such as solar, wind, biomass, geothermal, waste by-products, and cogeneration.
(4)
Relationship to other authority— This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a).
(j)
Collection and publication of survey results—
(1)
Definition of renewable energy resources— In this subsection, the term renewable energy resources includes energy derived from solar thermal, geothermal, biomass, wind, and photovoltaic resources.
(2)
Surveys— The Administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy resources, including production in kilowatt hours, total installed capacity, capacity factor, and any other measures of production efficiency.
(3)
Energy resources— The results of the survey shall distinguish between various renewable energy resources.
(4)
Administration— In carrying out this subsection, the Administrator shall—
(A)
use, to the maximum extent practicable, reliable statistical sampling techniques; and
(B)
otherwise take into account the reporting burdens of energy information by small businesses.
(k)
Survey procedure— Pursuant to section 52(a) of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a(a)), the Administrator shall—
(1)
conduct surveys of residential and commercial energy use at least once every 3 years and make the results of the surveys available to the public;
(2)
when surveying electric utilities, collect information on demand-side management programs conducted by the utilities, including information regarding—
(A)
the types of demand-side management programs being operated;
(B)
the quantity of measures installed;
(C)
expenditures on demand-side management programs; and
(D)
estimates of energy savings resulting from the programs, including whether the savings estimates were verified; and
(3)
in carrying out this subsection, take into account reporting burdens and the protection of proprietary information as required by law.
(l)
Data collection— In order to improve the ability to evaluate the effectiveness of the energy efficiency policies and programs of the United States, the Administrator shall, in collecting data under subsections (i) and (k), consider—
(1)
expanding the survey instruments to include questions regarding participation in Federal and utility conservation programs;
(2)
expanding fuel-use surveys in order to provide greater detail on energy use by user subgroups; and
(3)
expanding the scope of data collection on energy efficiency and load-management programs, including the effects of building construction practices, such as practices designed to obtain peak load shifting.
(m)
Renewable fuels survey—
(1)
In general— To improve the ability to evaluate the effectiveness of the renewable fuels mandate of the United States, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly.
(2)
Confidentiality— The Administrator shall conduct the survey in a manner designed to protect the confidentiality of individual responses.
(3)
Information— In conducting the survey, the Administrator shall collect information both on a national and regional basis, including each of the following:
(A)
The quantity of renewable fuels produced.
(B)
The quantity of renewable fuels blended.
(C)
The quantity of renewable fuels imported.
(D)
The quantity of renewable fuels demanded.
(E)
Market price data.
(F)
Such other analyses or evaluations as the Administrator finds are necessary to achieve the purposes of this section.
(4)
Prior years— The Administrator shall collect or estimate information both on a national and regional basis, pursuant to subparagraphs (A) through (F) of paragraph (3), for the 5 years prior to implementation of this subsection.
(5)
National Energy Information System— This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a).

Sec. 207 Comptroller General functions

The functions of the Comptroller General of the United States under section 12 of the Federal Energy Administration Act of 1974 (15 U.S.C. 771) shall apply with respect to the monitoring and evaluation of all functions and activities of the Department under this Act or any other Act administered by the Department.

Sec. 208 Office of Science

(a)
In general— There shall be within the Department an Office of Science to be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.
(b)
Director— It shall be the duty and responsibility of the Director—
(1)
to advise the Secretary with respect to the physical research programs of the Department;
(2)
to monitor the energy and environmental research and development programs of the Secretary in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs;
(3)
to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex;
(4)
to advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department;
(5)
to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and
(6)
to carry out such additional duties assigned to the Office by the Secretary.

Sec. 209 Establishment of policy for National Nuclear Security Administration

(a)
In general— The Secretary shall be responsible for establishing policy for the National Nuclear Security Administration.
(b)
Review of programs and activities— The Secretary may direct officials of the Department who are not within the National Nuclear Security Administration—
(1)
to review the programs and activities of the Administration; and
(2)
to make recommendations to the Secretary regarding administration of those programs and activities, including consistency with other similar programs and activities of the Department.
(c)
Staff— The Secretary shall provide adequate staff to carry out this section.

Sec. 210 Establishment of security, counterintelligence, and intelligence policies

(a)
In general— The Secretary shall be responsible for developing and promulgating the security, counterintelligence, and intelligence policies of the Department.
(b)
Staff— The Secretary may use the immediate staff of the Secretary to assist in developing and promulgating those policies.
(c)
Intelligence Executive Committee—
(1)
In general— There is within the Department an Intelligence Executive Committee.
(2)
Composition— The Committee shall consist of—
(A)
the Deputy Secretary of Energy and the Environment, who shall chair the Committee; and
(B)
each Under Secretary of the Department.
(3)
Staff— The Committee shall be staffed by the Director of the Office of Intelligence and Counterintelligence.
(4)
Use— The Secretary shall use the Committee to assist in developing and promulgating the counterintelligence and intelligence policies, requirements, and priorities of the Department.
(d)
Budget requests—
(1)
In general— In the budget justification materials submitted to Congress in support of each budget submitted by the President to Congress under title 31, United States Code, the amounts requested for the Department for intelligence functions and the amounts requested for the Department for counterintelligence functions shall each be specified in appropriately classified individual, dedicated program elements.
(2)
National Nuclear Security Administration— Within the amounts requested for counterintelligence functions, the amounts requested for the National Nuclear Security Administration shall be specified separately from the amounts requested for other elements of the Department.

Sec. 211 Office of Intelligence and Counterintelligence

(a)
In general— There is within the Department an Office of Intelligence and Counterintelligence.
(b)
Director—
(1)
In general— The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who shall be an employee in—
(A)
the Senior Executive Service;
(B)
the Senior Intelligence Service;
(C)
the Senior National Intelligence Service; or
(D)
any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate.
(2)
Reporting to Secretary— The Director of the Office shall report directly to the Secretary.
(3)
Qualifications— The Secretary shall select the Director of the Office from among individuals who have substantial expertise in matters relating to foreign intelligence and counterintelligence.
(4)
Details—
(A)
In general— The Director of the Federal Bureau of Investigation may detail, on a reimbursable basis, any employee of the Bureau to the Department for service as Director of the Office.
(B)
Benefits— The service of an employee of the Bureau as Director of the Office shall not result in any loss of status, right, or privilege by the employee within the Bureau.
(c)
Duties— The Director of the Office shall—
(1)
establish policy for intelligence and counterintelligence programs and activities at Department facilities in order to reduce the threat of disclosure or loss of classified and other sensitive information at the facilities;
(2)
establish policy for the personnel assurance programs of the Department;
(3)
inform the Secretary, the Director of Central Intelligence, and the Director of the Federal Bureau of Investigation on a regular basis, and on specific request by any such official, regarding the status and effectiveness of the intelligence and counterintelligence programs and activities at Department facilities; and
(4)
perform such duties and exercise such powers as the Secretary may prescribe.
(d)
Reports—
(1)
In general— Not later than March 1 each year, the Director of the Office shall submit a report on the status and effectiveness of the intelligence and counterintelligence programs and activities at each Department facility during the preceding year.
(2)
Recipients— Each such report shall be submitted to the following:
(A)
The Secretary.
(B)
The Director of National Intelligence.
(C)
The Director of the Federal Bureau of Investigation.
(D)
The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(E)
The Committee on Armed Services and the Select Committee on Intelligence of the Senate.
(3)
Contents— Each such report shall include for the year covered by the report the following:
(A)
A description of the status and effectiveness of the intelligence and counterintelligence programs and activities at Department facilities.
(B)
A description of any violation of law or other requirement relating to intelligence, counterintelligence, or security at such facilities, including—
(i)
the number of violations that were investigated; and
(ii)
the number of violations that remain unresolved.
(C)
A description of the number of foreign visitors to Department facilities, including the locations of the visits of the visitors.
(D)
The adequacy of the procedures and policies of the Department for protecting national security information, making such recommendations to Congress as may be appropriate.
(E)
A determination of whether each National Laboratory is in full compliance with all departmental security requirements and, in the case of any such National Laboratory that is not in full compliance, what measures are being taken to bring the National Laboratory into compliance.
(4)
Certification by National Laboratories— Not later than 30 days before the date that the report required by paragraph (1) is submitted, the director of each National Laboratory shall certify in writing to the Director of the Office whether the National Laboratory is in full compliance with all departmental security requirements and, if not, what measures are being taken to bring that laboratory into compliance and a schedule for implementing those measures.
(5)
Form— Each report under this subsection as submitted to the committees referred to in subparagraphs (D) and (E) of paragraph (2) shall be submitted in unclassified form, but may include a classified annex.

Sec. 212 Office of Indian Energy Policy and Programs

(a)
In general— There is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the Office).
(b)
Director— The Office shall be headed by a Director, who shall be appointed by the Secretary.
(c)
Duties— The Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this Act, shall provide, direct, foster, coordinate, and implement energy and environmental planning, education, management, conservation, and delivery programs of the Department that—
(1)
promote Indian tribal energy development, efficiency, and use;
(2)
reduce or stabilize energy costs;
(3)
enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and
(4)
bring electrical power and service to Indian land and the homes of tribal members located on Indian land or acquired, constructed, or improved (in whole or in part) with Federal funds.