Executive Orders

Executive Order 12038--Relating to certain functions transferred to the Secretary of Energy by the Department of Energy Organization Act

Source: The provisions of Executive Order 12038 of Feb. 3, 1978, appear at 43 FR 4957, 3 CFR, 1978 Comp., p. 136, unless otherwise noted.

By virtue of the authority vested in me as President of the United States of America, in order to reflect the responsibilities of the Secretary of Energy for the performance of certain functions previously vested in other officers of the United States by direction of the President and subsequently transferred to the Secretary of Energy pursuant to the Department of Energy Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.), it is hereby ordered as follows:

Section 1. Functions of the Federal Energy Administration.

[Sec. 1 amends Executive Order 11647 of Feb. 10, 1972, which was revoked by Executive Order 12149 of July 20, 1979; Executive Order 11790of June 25, 1974, Chapter 10; Executive Order 11912of Apr. 13, 1976, Chapter 10; and Proc. 3279 of Mar. 10, 1959, which was revoked by Proc. 5141 of Dec. 22, 1983. The amendments have been incorporated into those documents codified in this volume.]

Sec. 2. Functions of the Federal Power Commission.

[Sec. 2 amends Executive Order 10485of Sept. 3, 1953, Chapter 10, and Executive Order 11969 of Feb. 2, 1977, which was revoked by Executive Order 12553 of Feb. 25, 1986. The amendments have been incorporated into Executive Order 10485. Additionally, Sec. 2 amended Executive Order 11331of Mar. 6, 1967, which was revoked by Executive Order 12319 of Sept. 9, 1981.]

Sec. 3. Functions of the Secretary of the Interior.

[Sec. 3 amends Executive Order 8526of Aug. 27, 1940, Chapter 18, and Executive Order 11177of Sept. 16, 1964, Chapter 33. The amendments have been incorporated into those orders.]

Sec. 4. Functions of the Atomic Energy Commission and the Energy Research and Development Administration.

[Sec. 4 modifies Executive orders that refer to functions of the Atomic Energy Commission, including specifically Executive Order 10127 of May 23, 1950, which was revoked by FR Doc. 61-9007 of Sept. 15, 1961 (26 FR 8883); Executive Order 10865of Feb. 20, 1960, Chapter 32; Executive Order 10899of Dec. 9, 1960, Chapter 32; Executive Order 11057of Oct. 18, 1962, Chapter 22; Executive Order 11477of Aug. 7, 1969, Chapter 10; Executive Order 11752 of Dec. 17, 1973, which was revoked by Executive Order 12088of Oct. 13, 1978; and Executive Order 11761 of Jan. 17, 1974, which was revoked by Executive Order 12553 of Feb. 25, 1986. The modifications have been noted to those orders where applicable. Additionally, sec. 4 amended Executive Order 11652 of Mar. 8, 1972, which was revoked by Executive Order 12065 of June 28, 1978; Executive Order 11902 of Feb. 2, 1976, which was revoked by Executive Order 12058of May 11, 1978; Executive Order 11905 of Feb. 18, 1976, which was superseded by Executive Order 12036 of Jan. 24, 1978; and Executive Order 11345 of Apr. 20, 1967, Executive Order 11371 of Sept. 6, 1967, Executive Order 11578 of Jan. 13, 1971, Executive Order 11658 of Mar. 22, 1972, and Executive Order 11659 of Mar. 22, 1972, which were revoked by Executive Order 12319of Sept. 9, 1981.]

Sec. 5. Special Provisions Relating to Emergency Preparedness and Mobilization Functions.

[Sec. 5 amends Executive Order 10480of Aug. 14, 1953, Chapter 32, and Executive Order 11490 of Oct. 28, 1969, which was revoked by Executive Order 12656of Nov. 18, 1988. The amendments have been incorporated into Executive Order 10480.]

Sec. 6. This Order shall be effective as of October 1, 1977, the effective date of the Department of Energy Organization Act pursuant to the provisions of Section 901 thereof and Executive Order No. 12009 of September 13, 1977, and all actions taken by the Secretary of Energy on or after October 1, 1977, which are consistent with the foregoing provisions are entitled to full force and effect.