91 STAT. 592 



PUBLIC LAW 95-91— AUG. 4, 1977 



"Energy 

 concern." 



List of energy 



concerns, 



publication. 



Energy concerns, 

 knowledge of 

 interest or 

 positions. 



contract, award, or fund transfer within the a-jthority 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 "ener<;y concern" includes — ■ 



(1) any person significantly engaged in the business of develop- 

 ing, extracting, producing, refining, transporting by pipeline, con- 

 verting into synthetic fuel, distrilmting, or selling minpials 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 a renewable resource is 

 commercially produced or obtained ; 



(3) any person significantly engaged in the business of pro- 

 ducing, generating, transmitting, distributing, or selling electric 

 power ; 



(4) any person significantly engaged in development, produc- 

 tion, processing, sale, or distribution of nuclear materials, facili- 

 ties, 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, 

 development, 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 reiiuircments of sections 602 through 606 of this Act. 



(2) At the request of any officer or employee of tlie Department rhe 

 Secretary shall determine whether any person is an energy concern 

 as defined by subsection (b). 



(d) For the ])urposes of sections 602(a), 603(a), 605(a), and 606 

 an individual shall be deemed to have known of or knowingly com- 

 mitted a describecl act or to have known of or knowingly hold a 

 described interest, status, or position if the employee knew or should 

 have known of sucli act, interest, status, or position. For tlie 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 spou.se or dependent while such 

 officer or employee is, or within six months prior to the date on which 

 siicli officer or employee become?^, an officer or employee of the Depart- 

 ment. 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 inter- 

 ests in any en(>rgy concern. 



DIVE-STITTTRE OF EXKRGY UOmlNT.S RY SITERVISORY OFFICI.AI.S 



42 use 7212. Sec. (jqo. (a) No supervisory employee shall knowingly receive 



compensation from, or hold any official relation with, any energy con- 



105 



