[Request for Legal Opinion Concerning DOE]

In response to a congressional request, GAO gave a legal opinion concerning two ambiguous subsections in the Department of Energy Organization Act. GAO was asked whether: (1) the Secretary of Energy is authorized to assign a confirmed Assistant Secretary to an Acting Assistant Secretary position to perform a function different from that to which he was confirmed and, if so reassigned, what compensation would be authorized; (2) the Secretary has the authority to abolish an Assistant Secretary position that is occupied by a confirmed incumbent; and (3) it is legal for the Secretary to transfer energy conservation functions assigned to an Assistant Secretary to an Under Secretary. GAO found that: (1) under federal regulations, the Secretary has the authority to reassign the functions of confirmed Assistant Secretaries but, even with reassigned functions, the Assistant Secretary would be entitled to the compensation of the position to which he was confirmed; (2) the Secretary does not have the authority to abolish positions established by statute; and (3) Congress assigned specific responsibilities for energy conservation to both the Under Secretary and to an Assistant Secretary. Therefore, all energy conservation functions may not be assigned to the Under Secretary.