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GAO-11-789R 1 (2011-07-01)

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T V   WAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-322137


          July 1, 2011

          The Honorable Jeff Bingaman
          Chairman
          The Honorable Lisa Murkowski
          Ranking Member
          Committee on Energy and Natural Resources
          United States Senate

          The Honorable Fred Upton
          Chairman
          The Honorable Henry A. Waxman
          Ranking Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Department of Energy: Energy Priorities and Allocations System
                  Regulations

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Energy (DOE) , entitled Energy
          Priorities and Allocations System Regulations (RIN: 1901-AB28). We received the
          rule on June 16, 2011. It was published in the Federal Register as a final rule on
          June 9, 2011. 76 Fed. Reg. 33,615.

          The final rule establishes standards and procedures by which the DOE may require
          that certain contracts or orders that promote the national defense be given priority
          over other contracts or orders. This rule also sets new standards and procedures by
          which DOE may allocate materials, services, and facilities to promote the national
          defense. DOE is publishing this rule to comply with a requirement of the Defense
          Production Act Reauthorization of 2009 to publish regulations providing standards
          and procedures for prioritization of contracts and orders and for allocation of
          materials, services, and facilities to promote the national defense.

          The final rule has an effective date of July 11, 2011. The Congressional Review Act
          (CRA) requires a 60-day delay in the effective date of a major rule from the date of
          publication in the Federal Register or receipt of the rule by Congress, whichever is


GAO- 11-789R

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