CONFLICT OF INTEREST PROVISIONS FOR DEPARTMENT OF ENERGY EMPLOYEES.

SEC. 3161. CONFLICT OF INTEREST PROVISIONS FOR DEPARTMENT OF ENERGY EMPLOYEES. (a) Repeal.—Sections 603, 604, 605, 606, and 607 of the Department of Energy Organization Act (42 U.S.C. 7213 through 7217) are repealed. 107 STAT. 1958 (b) Waiver.—Subsection (c) of section 602 of such Act (42 U.S.C. 7212) is amended— (1) by inserting “(1)” after “(c)”; (2) by redesignating paragraphs (1), (2), and (3), as subparagraphs (A), (B), and (C), respectively; and (3) by adding at the end the following new paragraph: “(2)(A) The Secretary may, on a case-by-case basis, waive the requirements of this section for a supervisory employee covered if the Secretary finds that the waiver is in the best interests of the Department. A waiver under this paragraph is effective for that supervisory employee only if that supervisory employee establishes a qualified trust as provided in subparts D and E of 5 Code of Federal Regulations part 2634, as in effect on the date of the enactment of this provision. The provisions of section 2634.403(b)(3) of such part shall not apply to this paragraph. “(B) A waiver under this paragraph shall be published in the Federal Register and shall contain the oasis for the finding required by this paragraph. The waiver shall be for such period as the Secretary shall prescribe and may be renewed by the Secretary.”. (c) Conforming Amendments.—(1) Part A of title VI of such Act (42 U.S.C. 7211 et seq.) is amended— (A) in section 601(c)(1), by striking out “sections 602 through 606” and inserting in lieu thereof “section 602”; (B) in section 601(d)— (i) by striking out “sections 602(a), 603(a), 605(a), and 606” and inserting in lieu thereof “section 602(a)”; and (ii) by striking out the third sentence; (C) in section 602(d), by striking out “pursuant to section 603” and inserting in lieu thereof “to the extent known”; (D) by redesignating section 608 as section 603; and (E) in section 603, as redesignated by subparagraph (D)— (i) by striking out subsections (a) and (c); (ii) by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and (iii) in subsection (a), as redesignated by clause (ii), by striking out “section 602, 603, 604, 605, or 606” and inserting in lieu thereof “section 602”. (2) The table of contents at the beginning of such Act is amended by striking out the items relating to sections 603, 604, 605, 606, 607, and 608 and inserting in lieu thereof the following: “Sec. 603. Sanctions.”. (d) Report.—Not later than 90 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the application of part A of title VI of the Department of Energy Organization Act (42 U.S.C 7211 et seq.) to the Department of Energy and its officers and employees. The report shall— (1) take into consideration the amendments to part A of title VI of such Act made by subsections (a), (b), and (c) of this section; (2) examine whether the provisions of part A of title VI of such Act are necessary, taking into consideration other provisions of law regarding conflicts of interest and other statutes and requirements similar to part A that are applicable to 107 STAT. 1959other Federal agencies, including offices and bureaus of the Department of the Interior and the Federal Communications Commission; (3) examine the scope of coverage under the provisions of part A of title VI of such Act for supervisory employees of the Department of Energy, and the definition of the term ‘energy concern’ under section 601(b) of such Act, taking into consideration changes in responsibilities and duties of the Department of Energy under the Energy Policy Act of 1992 (Public Law 102–486; 106 Stat. 2776) and under other laws enacted after the establishment of the Department, and advise whether such provisions are adequate, overly broad, or too limiting, as applied to the Department; (4) examine whether the divestiture provisions of part A of title VI of such Act are needed, in addition to other applicable provisions of law and regulations relating to divestiture, to protect the public interest; (5) identify the provisions of law and regulations referred to in paragraph (4) and explain the manner and extent to which such provisions are adequate for all of the employees covered by part A of title VI of such Act; and (6) include any recommendations that the Secretary considers appropriate.