Page:United States Statutes at Large Volume 91.djvu/626

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PUBLIC LAW 95-000—MMMM. DD, 1977

91 STAT. 592

"Energy concern.'

List of energy concerns, publication.

Energy concerns, knowledge of interest or positions.

PUBLIC LAW 9 5 - 9 1 — A U G. 4, 1977 contract, award, or fund transfer within the authority 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 "energy concern" includes— (1) any person significantly engaged in the business of developing, extracting, producing, refining, transporting by pipeline, converting into synthetic fuel, distributing, or soiling minerals 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 producing, generating, transmitting, distributing, or selling electric power; (4) any person significantly engaged in development, production, processing, sale, or distribution of nuclear materials, facilities, 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 delegated 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 requirements of sections 602 through 606 of this Act. (2) A t the request of any officer or employee of the Department the Secretary shall determine whether any person is an energy concern as defined by subsection (b). (d) For the purposes of sections 6 0 2 (a), 6 0 3 (a), 6 0 5 (a), and 606 an individual shall be deemed to have known of or knowingly committed a described act or to have known of or knowingly held a described interest, status, or position if the employee knew or should have known of such act, interest, status, or position. For the 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 spouse or dependent while such officer or employee is, or within six months prior to the date on which such officer or employee becomes, an officer or employee of the Department. The placing of an interest under a trust by an individual shall not satisfy the requirement of section 602 or wnive 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 interests in any energy concern. DIVESTITURE OF EISTERGY HOLDINGS BY SUPERVISORY OFFICIALS

42 USC 7212.

gEc. 602. (a) No supervisory employee shall knowingly receive compensation from, or hold any official relation with, any energy con-