[Executive Orders]
EX. ORD. NO. 12038. TRANSFER OF CERTAIN FUNCTIONS TO SECRETARY OF
ENERGY
Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, as amended by Ex.
Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073, provided:
By virtue of the authority vested in me as President of the
United States of America, in order to reflect the responsibilities
of the Secretary of Energy for the performance of certain functions
previously vested in other officers of the United States by
direction of the President and subsequently transferred to the
Secretary of Energy pursuant to the Department of Energy
Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.) it is
hereby ordered as follows:
Section 1. Functions of the Federal Energy Administration. In
accordance with the transfer of all functions vested by law in the
Federal Energy Administration, or the Administrator thereof, to the
Secretary of Energy pursuant to Section 301(a) of the Department of
Energy Organization Act (subsec. (a) of this section), hereinafter
referred to as the Act, the Executive Orders and Proclamations
referred to in this Section, which conferred authority or
responsibility upon the Administrator of the Federal Energy
Administration, are amended as follows:
(a) Executive Order No. 11647, as amended (formerly set out as a
note under 31 U.S.C. 501), relating to Federal Regional Councils,
is further amended by deleting 'The Federal Energy
Administration' in Section 1(a)(10) and substituting 'The
Department of Energy', and by deleting 'The Deputy Administrator
of the Federal Energy Administration' in Section 3(a)(10) and
substituting 'The Deputy Secretary of Energy'.
(b) Executive Order No. 11790 of June 25, 1974 (set out as a note
under 15 U.S.C. 761), relating to the Federal Energy Administration
Act of 1974, is amended by deleting 'Administrator of the Federal
Energy Administration' and 'Administrator' wherever they appear
in Sections 1 through 6 and substituting 'Secretary of Energy'
and 'Secretary', respectively, and by deleting Section 7 through
10.
(c) Executive Order No. 11912, as amended (set out as a note
under 42 U.S.C. 6201), relating to energy policy and conservation,
and Proclamation No. 3279, as amended (set out as a note under 19
U.S.C. 1862), relating to imports of petroleum and petroleum
products, are further amended by deleting 'Administrator of the
Federal Energy Administration', 'Federal Energy Administration',
and 'Administrator' (when used in reference to the Federal Energy
Administration) wherever those terms appear and by substituting
'Secretary of Energy', 'Department of Energy', and
'Secretary', respectively, and by deleting 'the Administrator of
Energy Research and Development' in Section 10(a)(1) of Executive
Order No. 11912, as amended.
Sec. 2. Functions of the Federal Power Commission. In accordance
with the transfer of functions vested in the Federal Power
Commission to the Secretary of Energy pursuant to Section 301(b) of
the Act (subsec. (b) of this section), the Executive Orders
referred to in this Section, which conferred authority or
responsibility upon the Federal Power Commission, or Chairman
thereof, are amended or modified as follows:
(a) Executive Order No. 10485 of September 3, 1953, (set out as a
note under 15 U.S.C. 717b), relating to certain facilities at the
borders of the United States is amended by deleting Section 2
thereof, and by deleting 'Federal Power Commission' and
'Commission' wherever those terms appear in Sections 1, 3 and 4
of such Order and substituting for each 'Secretary of Energy'.
(b) Executive Order No. 11969 of February 2, 1977 (formerly set
out as a note under 15 U.S.C. 717), relating to the administration
of the Emergency Natural Gas Act of 1977 (formerly set out as a
note under 15 U.S.C. 717), is hereby amended by deleting the second
sentence in Section 1, by deleting 'the Secretary of the Interior,
the Administrator of the Federal Energy Administration, other
members of the Federal Power Commission and in Section 2, and by
deleting 'Chairman of the Federal Power Commission' and
'Chairman' wherever those terms appear and substituting therefor
'Secretary of Energy' and 'Secretary', respectively.
(c) Paragraph (2) of Section 3 of Executive Order No. 11331, as
amended (formerly set out as a note under 42 U.S.C. 1962b),
relating to the Pacific Northwest River Basins Commission, is
hereby amended by deleting 'from each of the following Federal
departments and agencies' and substituting therefor 'to be
appointed by the head of each of the following Executive
agencies', by deleting 'Federal Power Commission' and
substituting therefor 'Department of Energy', and by deleting
'such member to be appointed by the head of each department or
independent agency he represents,'.
Sec. 3. Functions of the Secretary of the Interior. In accordance
with the transfer of certain functions vested in the Secretary of
the Interior to the Secretary of Energy pursuant to Section 302 of
the Act (42 U.S.C. 7152), the Executive Orders referred to in this
Section, which conferred authority or responsibility on the
Secretary of the Interior, are amended or modified as follows:
(a) Sections 1 and 4 of Executive Order No. 8526 of August 27,
1940, relating to functions of the Bonneville Power Administration,
are hereby amended by substituting 'Secretary of Energy' for
'Secretary of the Interior', by adding 'of the Interior' after
'Secretary' in Sections 2 and 3, and by adding 'and the
Secretary of Energy,' after 'the Secretary of the Interior'
wherever the latter term appears in Section 5.
(b) Executive Order No. 11177 of September 16, 1964, relating to
the Columbia River Treaty, is amended by deleting 'Secretary of
the Interior' and 'Department of the Interior' wherever those
terms appear and substituting therefor 'Secretary of Energy' and
'Department of Energy', respectively.
Sec. 4. Functions of the Atomic Energy Commission and the Energy
Research and Development Administration.
(a) In accordance with the transfer of all functions vested by
law in the Administrator of Energy Research and Development to the
Secretary of Energy pursuant to Section 301(a) of the Act (subsec.
(a) of this section) the Executive Orders referred to in this
Section are amended or modified as follows:
(1) All current Executive Orders which refer to functions of the
Atomic Energy Commission, including Executive Order No. 10127, as
amended; Executive Order No. 10865, as amended (set out as a note
under 50 U.S.C. 435); Executive Order No. 10899 of December 9, 1960
(set out as a note under 42 U.S.C. 2162); Executive Order No. 11057
of December 18, 1962 (set out as a note under 42 U.S.C. 2162);
Executive Order No. 11477 of August 7, 1969 (set out as a note
under 42 U.S.C. 2187); Executive Order No. 11752 of December 17,
1973 (formerly set out as a note under 42 U.S.C. 4331); and
Executive Order No. 11761 of January 17, 1974 (formerly set out as
a note under 20 U.S.C. 1221); are modified to provide that all such
functions shall be exercised by (1) the Secretary of Energy to the
extent consistent with the functions of the Atomic Energy
Commission that were transferred to the Administrator of Energy
Research and Development pursuant to the Energy Organization Act of
1974 (Public Law 93-438; 88 Stat. 1233) (42 U.S.C. 5801 et seq.),
and (2) the Nuclear Regulatory Commission to the extent consistent
with the functions of the Atomic Energy Commission that were
transferred to the Commission by the Energy Reorganization Act of
1974 (42 U.S.C. 5801 et seq.).
(2) Executive Order No. 11652, as amended (formerly set out as a
note under 50 U.S.C. 435), relating to the classification of
national security matters, is further amended by substituting
'Department of Energy' for 'Energy Research and Development
Administration' in Sections 2(A), 7(A) and 8 and by deleting
'Federal Power Commission' in Section 2(B)(3).
(3) Executive Order No. 11902 of February 2, 1976 (formerly set
out as a note under 42 U.S.C. 5841), relating to export licensing
policy for nuclear materials and equipment, is amended by
substituting 'the Secretary of Energy' for 'the Administrator of
the United States Energy Research and Development Administration,
hereinafter referred to as the Administrator' in Section 1(b) and
for the 'Administrator' in Sections 2 and 3.
(4) Executive Order No. 11905, as amended, (formerly set out as a
note under 50 U.S.C. 401), relating to foreign intelligence
activities, is further amended by deleting 'Energy Research and
Development Administration', 'Administrator or the Energy
Research and Development Administration', and 'ERDA' wherever
those terms appear and substituting 'Department of Energy',
'Secretary of Energy', and 'DOE' respectively.
(5) Section 3(2) of each of the following Executive Orders is
amended by substituting 'Department of Energy' for 'Energy
Research and Development Administration':
(i) Executive Order No. 11345, as amended (formerly set out as a
note under 42 U.S.C. 1962b), establishing the Great Lakes River
Basin Commission.
(ii) Executive Order No. 11371, as amended (formerly set out as a
note under 42 U.S.C. 1962b), establishing the New England River
Basin Commission.
(iii) Executive Order No. 11578, as amended (formerly set out as
a note under 42 U.S.C. 1962b), establishing the Ohio River Basin
Commission.
(iv) Executive Order No. 11658, as amended (formerly set out as a
note under 42 U.S.C. 1962b), establishing the Missouri River Basin
Commission.
(v) Executive Order No. 11659, as amended (formerly set out as a
note under 42 U.S.C. 1962b), establishing the Mississippi River
Basin Commission.
Sec. 5. Special Provisions Relating to Emergency Preparedness and
Mobilization Functions.
(a) Executive Order No. 10480, as amended (formerly set out as a
note under 50 App. U.S.C. 2153), is further amended by adding
thereto the following new Sections:
'Sec. 609. Effective October 1, 1977, the Secretary of Energy
shall exercise all authority and discharge all responsibility
herein delegated to or conferred upon (a) the Atomic Energy
Commission, and (b) with respect to petroleum, gas, solid fuels and
electric power, upon the Secretary of the Interior.
'Sec. 610. Whenever the Administrator of General Services
believes that the functions of an Executive agency have been
modified pursuant to law in such manner as to require the amendment
of any Executive order which relates to the assignment of emergency
preparedness functions or the administration of mobilization
programs, he shall promptly submit any proposals for the amendment
of such Executive orders to the Director of the Office of
Management and Budget in accordance with the provisions of
Executive Order No. 11030, as amended (set out as a note under 44
U.S.C. 1505).
(b) Executive Order No. 11490, as amended (formerly set out as a
note under 50 App. U.S.C. 2251), is further amended by adding
thereto the following new section:
'Sec. 3016. Effective October 1, 1977, the Secretary of Energy
shall exercise all authority and discharge all responsibility
herein delegated to or conferred upon (a) the Federal Power
Commission, (b) the Energy Research and Development Administration,
and (c) with respect to electric power, petroleum, gas and solid
fuels, upon the Department of the Interior.'.
Sec. 6. This Order shall be effective as of October 1, 1977, the
effective date of the Department of Energy Organization Act (this
chapter) pursuant to the provisions of section 901 (42 U.S.C. 7341)
thereof and Executive Order No. 12009 of September 13, 1977
(formerly set out as a note under 42 U.S.C. 7341), and all actions
taken by the Secretary of Energy on or after October 1, 1977, which
are consistent with the foregoing provisions are entitled to full
force and effect.
Jimmy Carter.
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