[Senate Report 110-160]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 358
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-160

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   DEPARTMENT OF ENERGY ELECTRICITY PROGRAMS ENHANCEMENT ACT OF 2007

                                _______
                                

               September 17, 2007.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1203]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1203) to enhance the management of 
electricity programs at the Department of Energy, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 1203 is to increase the number of 
Assistant Secretaries of Energy from 7 to 8.

                          Background and Need

    The Department of Energy Organization Act vests a wide 
range of functions in the Secretary of Energy. To assist the 
Secretary in the performance of these functions, section 203(a) 
of the Organization Act, as it was originally enacted in 1977, 
authorized the President, by and with the advice and consent of 
the Senate, to appoint 8 Assistant Secretaries. Section 203(a) 
did not prescribe specific functions for any of the Assistant 
Secretaries. Instead, in order to allow the Secretary maximum 
flexibility in organizing the Department's responsibilities, it 
listed 11 broad groups of functions, including, for example, 
``environmental responsibilities and functions'', ``national 
security functions'', and ``energy conservation functions.'' It 
then permitted the Secretary to assign the Assistant 
Secretaries functions from the list. In addition, section 
203(b) required the President, when submitting a nomination for 
an Assistant Secretary, to ``identify with particularity the 
function or functions'' to be performed by the Assistant 
Secretary.
    The National Defense Authorization Act for Fiscal Year 
2000, Public Law 106-65, reduced the number of Assistant 
Secretaries from 8 to 6. That Act created a ``separately 
organized agency'' within the Department of Energy known as the 
National Nuclear Security Administration to manage the 
Secretary's national security functions, which had previously 
been assigned to the Assistant Secretary for Defense Programs. 
The Act provided for an Administrator and 3 Deputy 
Administrators to perform the national security functions, and 
reduced the authorized number of Assistant Secretaries for the 
rest of the Department from 8 to 6. The Act also eliminated 
``national security functions'' from the list of functions 
performed by the Assistant Secretaries in section 203(a) of the 
Organization Act.
    The Energy Policy Act of 2005 restored one of the two 
Assistant Secretary positions eliminated by the National 
Defense Authorization Act, by raising the number of Assistant 
Secretaries authorized by section 203(a) of the Organization 
Act from 6 to 7. In keeping with the prior law, section 
1006(b)(1) of the Energy Policy Act did not prescribe the 
functions of the new position. Nonetheless, section 1006(b)(2) 
expressed ``the sense of Congress that . . . departmental 
missions in nuclear energy should be at the Assistant Secretary 
level.''
    The Energy Policy Act of 2005 also gave the Secretary of 
Energy new responsibilities for the modernization of the 
electric grid and for enhancing the security and reliability of 
our energy infrastructure. The Secretary assigned these and 
other functions to an Office of Electricity Delivery and Energy 
Reliability, to be headed by an office director. Following the 
resignation of the Assistant Secretary for Environment, Safety, 
and Health in March 2006, however, the Secretary proposed to 
assign the functions of the Office of Electricity Delivery and 
Energy Reliability to an Assistant Secretary for Electricity 
Delivery and Energy Reliability and to reorganize the 
environment, safety, and health functions under a new Office of 
Health, Safety and Security, headed by an office director 
rather than an Assistant Secretary. In September 2006, the 
President nominated Kevin M. Kolevar to the vacant Assistant 
Secretary position and identified the functions assigned to the 
position as Electricity Delivery and Energy Reliability rather 
than Environment, Safety and Health. The Senate confirmed the 
nomination on August 3, 2007.
    The importance of electricity delivery and energy 
reliability to the nation make the elevation of the functions 
to the Assistant Secretary level appropriate. However, the 
assignment of those responsibility to the Assistant Secretary 
position that had been responsible for Environment, Safety and 
Health functions since 1985 (and environmental functions since 
1978), foreclosed, at least for the time being, management of 
the Environment, Safety and Health functions at the Assistant 
Secretary level.
    S. 1203 is needed to increase the number of Assistant 
Secretaries of Energy from 7 to 8, the number originally 
authorized by the Organization Act in 1977. In keeping with 
current law, S. 1203 does not designate the functions of the 
new position, but it will enable the Secretary to restore the 
Environment, Safety and Health functions to the Assistant 
Secretary level.

                          Legislative History

    S. 1203 was introduced by Senators Bingaman and Domenici on 
April 24, 2007. The Subcommittee on Energy held a hearing on 
the measure on May 22, 2007. The Committee on Energy and 
Natural Resources ordered S. 1203 favorably reported, without 
amendment, at a business meeting on July 25, 2007.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on July 25, 2007, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1203.

                      Section-by-Section Analysis

    Section 1 states the short title, the ``Department of 
Energy Electricity Programs Enhancement Act of 2007''.
    Section 2 increases the authorized number of Assistant 
Secretaries of Energy from 7 to 8. Subsection (a) implements 
the increase by amending section 203(a) of the Department of 
Energy Organization Act (42 U.S.C. 7133(a)). Subsection (b) 
makes a conforming amendment in the Executive Schedule in 
section 5315 of title 5, United States Code.
    Subsection (c) expresses the sense of Congress that the 
missions of the Department of Energy related to electricity 
delivery and reliability should be at the Assistant Secretary 
level.

                     Cost and Budget Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

                                                 September 5, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1203, the Department 
of Energy Electricity Programs Enhancement Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kathleen 
Gramp.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1203--Department of Energy Electricity Programs Enhancement Act of 
        2007

    S. 1203 would modify the management structure of the 
Department of Energy (DOE) by adding an additional position for 
an Assistant Secretary. The legislation also would express the 
sense of the Congress that the department's electricity 
delivery and reliability activities should be managed by an 
Assistant Secretary.
    CBO estimates that implementing S. 1203 would cost less 
than $1 million a year, subject to the availability of 
appropriated funds. DOE currently has seven Assistant 
Secretaries, as authorized by existing law, including an 
Assistant Secretary for Electricity Delivery and Energy 
Reliability. Based on the staffing of other such positions at 
DOE, CBO expects that the additional office of the Assistant 
Secretary would include two or more deputies and related 
support staff. Enacting this legislation would not affect 
direct spending or revenues.
    S. 1203 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Kathleen Gramp. 
This estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1203.
    The bill is not a regulatory measure in the sense of 
imposing Government established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1203.

                        Executive Communications


   Statement of David R. Hill, General Counsel, Department of Energy

    Chairman Dorgan, Senator Murkowski, and members of the 
Committee, my name is David Hill and I am the General Counsel 
of the U.S. Department of Energy. I want to thank you for the 
opportunity to appear today and offer preliminary comments on 
five energy-related bills that the Congress is considering. The 
bills before the Committee today make each valuable 
contributions to our national discussion on energy security, 
but in some cases could benefit from further review, discussion 
and modification. The Department looks forward to working with 
the Committee to resolve these issues. I would like to discuss 
the elements of each bill, as well as present some of the DOE 
activities that are already underway in areas addressed by the 
bills.

           *       *       *       *       *       *       *



                                s. 1203


    S. 1203 expands the authorized number of Assistant 
Secretaries at the Department of Energy from seven to eight. 
The Department believes it already has a sufficient number of 
authorized assistant secretaries, but we do not oppose Congress 
increasing the number if it sees fit to do so. S. 1203 also 
would preserve the President and Secretary of Energy discretion 
to determine whether to appoint individuals to fill all of the 
authorized assistant secretary positions, to determine how best 
to manage the Department mission, and to determine the 
portfolios for the assistant secretaries and other Departmental 
officials. At this time, the President and the Secretary have 
made no decision whether an individual would be nominated for 
the additional assistant secretary position should it be 
authorized, or what the responsibilities of any such official 
would be.

           *       *       *       *       *       *       *


                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1203, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                 Department of Energy Organization Act


         Public Law 95-91--Aug. 4, 1977; 42 U.S.C. 7101 et seq.


 AN ACT to establish a Department of Energy in the executive branch by 
the reorganization of energy functions within the Federal Government in 
 order to secure effective management to assure a coordinated national 
energy policy, and for other purposes.

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                         ASSISTANT SECRETARIES

    Sec. 203. (a) There shall be in the Department [7 Assistant 
Secretaries] 8 Assistant Secretaries, 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 
chapter. The functions which the Secretary shall assign to the 
Assistant Secretaries include, but are not limited to, the 
following:

           *       *       *       *       *       *       *


TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

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CHAPTER 53--PAY RATES AND SYSTEMS

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SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

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Sec. 5315. Positions at level IV

    Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:

           *       *       *       *       *       *       *

    [Assistant Secretaries of Energy (7)] Assistant Secretaries 
of Energy (8).

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