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 firms, public utility districts, municipal utilities, and private cooperatives involved in energy production, 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 nuclear weapons and national security which are transferred to the Department by this Act.
RELATIONSHIP W I T H STATES
SEC. 103. Whenever any proposed action by the Department conflicts 42 USC 7113. 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 appropriate State officials. Nothing in this Act shall aifect the authority of any State over matters exclusively within its jurisdiction.
TITLE 11—ESTABLISHMENT OF THE DEPARTMENT ESTABLISHMENT
SEC. 201. There is hereby established at the seat of government an 42 USC 7131. executive department to be known as the Department of Energy. There shall be at the head of the Department a Secretary of Energy Secretary of (hereinafter in this Act referred to as the "Secretary"), who shall be Energy, appointed by the President by and with the advice and consent of the appointment and Senate. The Department shall be administered, in accordance with the confirmation. l)rovisions of this Act, under the supervision and direction of the Secretary. 1
SEC. 202. (a) There shall be in the Department a Deputy Secretary, Deputy who shall be appointed by the President, by and with the advice and Secretary, consent of the Senate, and who shall be compensated at the rate pro- appointment and vided for level II of the Executive Schedule under section 5813 of title confirmation. 5, United States Code. The Deputy Secretary shall act for and exercise 42 USC 7132. the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform 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 Under Secretary and a Under Secretary General Counsel, who shall be appointed by the President, by and with ^"d General the advice and consent of the Senate, and who shall perform such Counsel, appointment and confirmation.