PUBLIC LAW 95-91— AUG. 4, 1977 



91 STAT. 569 



(14) to assure, to the maximum extent practicable, that the 

 productive capacity of private enterprise shall be utilized in the 

 development and achievement of the policies and purposes of this 

 Act; 



(15) to provide for, encourage, and assist public participation 

 in the development and enforcement of national energy programs: 



(^16) to create an awareness of, and responsibility for, the fuel 

 and energy needs of rural and urban residents as such needs 

 pertain to home heating and cooling, transportation, agricultural 

 production, electrical generation, conservation, and research and 

 development; 



(17) to foster insofar as possible the continued good health of 

 the Nation's small business Brms, public utility districts, munici- 

 pal utilities, and private cooperatives involved in energy produc- 

 tion, transportation, research, development, demonstration, 

 marketing, and merchandising; and 



(18) to provide for the administration of the functions of the 

 Energy Research and Development Administration related to nu- 

 clear weapons and national security which are transferred to the 

 Department by this Act. 



RELATIONSHIP WITH STATES 



Sec. 103. Whenever any proposed action by the Department conflicts 

 with the energy plan of any State, the Department shall give due 

 consideration to the needs of such State, and where practicable, shall 

 attempt to resolve such conflict through consultations with appro- 

 priate State officials. Nothing in this Act shall affect the authority of 

 any State over matters exclusively within its jurisdiction. 



TITLE II -ESTABLISHMENT OF THE DEPARTMENT 



42 use 7113. 



ESTABLISHMENT 



Sec. '201. There is hereby established at the seat of government an 

 executive department to be known as the Department of Energy. 

 There shall be at the head of the Department a Secretary of Energy 

 (hereinafter in this Act referred to as the "Secretary"), who shall oe 

 appointed by the President by and with the advice and consent of the 

 Senate. The Department shall be administered, in accordance with the 

 provisions of tliis Act, under the supervision and direction of the 

 Secretary. 



PRINCIPAL OFFICERS 



Sec. 20-2. (a) 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, and who shall be compensated at the rate pro- 

 vided for level II of the Executive Schedule under section 5313 of title 

 5, United States Code. 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. The 

 Secietary shall designate the order in which the Under Secretary and 

 other officials shall act for and perfoim 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) There shall be in the Department an lender Secretary and a 

 General Counsel, who shall be appointed by the President, by and with 

 the advice and consent of the Senate, and who shall perform such 



42 use 7131. 



Secretary of 

 Energy, 



appointment and 

 confirmation. 



Deputy 

 Secretary, 

 appointment and 

 confirmation. 

 42 use 7132. 



Under Secretary 

 and General 

 Counsel, 



appointment and 

 confirmation. 



91 



