Page:United States Statutes at Large Volume 100 Part 3.djvu/78

 100 STAT. 1886

42 USC 7193, '^194.



15 USC 4505.

PUBLIC LAW 99-509—OCT. 21, 1986

ducted with respect to any civil enforcement action commenced (within the limitation established by subsection (a)(1)) before, on, or after the date of the enactment of this Act. Nothing in this subsection shall limit the authority of the Secretary to continue any audit or investigation initiated before January 1, 1987. (e) LIMITATION ON REVIEW.—Any review of a final agency action determined under section 503 or 504 of the Department of Energy Organization Act may not be initiated in any court by any person subject to such action after— (1) 60 days after the effective date of that action; or (2) 90 days after the date of the enactment of this Act, whichever occurs later. (f) OVERSIGHT.—(1) In order to ensure the expeditious, effective, and efficient resolution of all civil enforcement actions (whether or not in administrative or judicial litigation) and all cases pending at the Office of Hearings and Appeals under subpart V regulations, the Secretary shall— (A) maintain a personnel level for the compliance program of the Economic Regulatory Administration of 170 full-time equivalents for fiscal year 1987, subject to normal attrition and subject to the provisions of any appropriation Act enacted for such fiscal year concerning such program; and (B) maintain for the remainder of the program an adequate mix of lawyers, auditors, technical, clerical, and administrative personnel. (2) By July 1, 1987, and by July 1 of each year thereafter, the Administrator of the Economic Regulatory Administration shall provide to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate the full-time equivalent level necessary for such compliance program for the next fiscal year and the basis for that level. (3) The Secretary shall, in any fiscal year, provide a notice of at least 30 days to such Committees before initiating any reduction of force at the Economic Regulatory Administration. Such notice shall provide at least— (A) the reasons for such reduction; (B) the impact on the mix of personnel and on all cases, 'IV i whether or not in litigation, including the subpart V regulation rtOii proceedings; and (C) the expected costs and savings for the applicable fiscal year. (4) The Administrator of the Economic Regulatory Administration shall keep such Committees fully and currently informed about the status (including delays, settlement negotiations, and other pertinent matters) of all enforcement cases (whether or not in litigation) and subpart V regulation proceedings. SEC. 3006. REPORTS. -'• (a) REPORT ON RECEIPTS AND DISBURSEMENTS.—The Secretary shall

transmit, not later than 60 days after the date of the enactment of this Act, a report to the committees referred to in subsection (d) containing a clear and complete statement of all receipts, disbursements, and commitments of restitutionary amounts, as of such date of enactment, by the Secretary pursuant to— (1) any judicial or administrative proceeding (including any settlement agreement or declaratory judgment) instituted at

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