US (United States) Code. Title 42. Chapter 84: Department of Energy

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 84 - DEPARTMENT OF ENERGY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

-MISC1-

CHAPTER 84 - DEPARTMENT OF ENERGY

-MISC1-

Sec.

7101. Definitions.

SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

7111. Congressional findings.

7112. Congressional declaration of purpose.

7113. Relationship with States.

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

7131. Establishment.

7132. Principal officers.

(a) Deputy Secretary.

(b) Under Secretary; General Counsel.

(c) Under Secretary for Nuclear Security.

7133. Assistant Secretaries; appointment and confirmation;

identification of responsibilities.

7134. Federal Energy Regulatory Commission; compensation of

Chairman and members.

7135. Energy Information Administration.

(a) Establishment; appointment of Administrator;

compensation; qualifications; duties.

(b) Delegation of functions.

(c) Functions of Director of Office of Energy

Information and Analysis.

(d) Collection or analysis of information and

preparation of reports without approval.

(e) Annual audit.

(f) Furnishing information or analysis to any other

administration, commission, or office within

Department.

(g) Availability of information to public.

(h) Identification and designation of "major energy

producing companies"; format for financial

report; accounting practices; filing of

financial report; annual report of Department;

definitions; confidentiality.

(i) Manufacturers energy consumption survey.

(j) Collection and publication of survey results.

(k) Survey procedure.

(l) Data collection.

7135a. Delegation by Secretary of Energy of energy research,

etc., functions to Administrator of Energy

Information Administration; prohibition against

required delegation; utilization of capabilities by

Secretary.

7136. Economic Regulatory Administration; appointment of

Administrator; compensation; qualifications;

functions.

7137. Functions of Comptroller General.

7138. Repealed.

7139. Office of Science; establishment; appointment of

Director; compensation; duties.

7140. Leasing Liaison Committee; establishment; composition.

7141. Office of Minority Economic Impact.

(a) Establishment; appointment of Director;

compensation.

(b) Advice to Secretary on effect of energy

policies, regulations, and other actions of

Department respecting minority participation

in energy programs.

(c) Research programs respecting effects of

national energy programs, policies, and

regulations of Department on minorities.

(d) Management and technical assistance to minority

educational institutions and business

enterprises to foster participation in

research, development, demonstration, and

contract activities of Department.

(e) Loans to minority business enterprises;

restriction on use of funds; interest;

deposits into Treasury.

(f) Definitions.

(g) Authorization of appropriations.

7142. National Atomic Museum.

(a) Recognition and status.

(b) Volunteers.

(c) Authority.

7142a. Designation of American Museum of Science and Energy.

(a) In general.

(b) References.

(c) Property of the United States.

7142b. Authority.

7142c. Museum volunteers.

(a) Authority to use volunteers.

(b) Status of volunteers.

(c) Compensation.

7142d. Definitions.

7143. Repealed.

7144. Establishment of policy for National Nuclear Security

Administration.

(a) Responsibility for establishing policy.

(b) Review of programs and activities.

(c) Staff.

7144a. Establishment of security, counterintelligence, and

intelligence policies.

7144b. Office of Counterintelligence.

(a) Establishment.

(b) Director.

(c) Duties.

(d) Annual reports.

7144c. Office of Intelligence.

(a) Establishment.

(b) Director.

(c) Duties.

7144d. Office of Arctic Energy.

(a) Establishment.

(b) Purposes.

(c) Location.

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

7151. General transfers.

7151a. Jurisdiction over matters transferred from Energy

Research and Development Administration.

7152. Transfers from Department of the Interior.

(a) Functions relating to electric power.

(b), (c) Repealed.

(d) Functions of Bureau of Mines.

7153. Administration of leasing transfers.

(a) Authority retained by Secretary of the

Interior.

(b) Consultation with Secretary of the Interior

with respect to promulgation of regulations.

(c) Repealed.

(d) Preparation of environmental impact statement.

7154. Transfers from Department of Housing and Urban

Development.

7155. Repealed.

7156. Transfers from Department of the Navy.

7156a. Repealed.

7157. Transfers from Department of Commerce.

7158. Naval reactor and military application programs.

7159. Transfer to Department of Transportation.

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

7171. Appointment and administration.

(a) Federal Energy Regulatory Commission;

establishment.

(b) Composition; term of office; conflict of

interest; expiration of terms.

(c) Duties and responsibilities of Chairman.

(d) Supervision and direction of members,

employees, or other personnel of Commission.

(e) Designation of Acting Chairman; quorum; seal.

(f) Rules.

(g) Powers of Commission.

(h) Principal office of Commission.

(i) Commission deemed agency; attorney for

Commission.

(j) Annual authorization and appropriation request.

7172. Jurisdiction of Commission.

(a) Transfer of functions from Federal Power

Commission.

(b) Repealed.

(c) Consideration of proposals made by Secretary to

amend regulations issued under section 753 of

title 15; exception.

(d) Matters involving agency determinations to be

made on record after agency hearing.

(e) Matters assigned by Secretary after public

notice and matters referred under section 7174

of this title.

(f) Limitation.

(g) Final agency action.

(h) Rules, regulations, and statements of policy.

7173. Initiation of rulemaking procedures before Commission.

(a) Proposal of rules, regulations, and statements

of policy of general applicability by

Secretary and Commission.

(b) Consideration and final action on proposals of

Secretary.

(c) Utilization of rulemaking procedures for

establishment of rates and charges under

Federal Power Act and Natural Gas Act.

(d) Submission of written questions by interested

persons.

7174. Referral of other rulemaking proceedings to

Commission.

(a) Notification of Commission of proposed action;

public comment.

(b) Recommendations of Commission; publication.

(c) Options of Secretary; final agency action.

7175. Right of Secretary to intervene in Commission

proceedings.

7176. Reorganization.

7177. Access to information.

7178. Federal Energy Regulatory Commission fees and annual

charges.

(a) In general.

(b) Basis for assessments.

(c) Estimates.

(d) Time of payment.

(e) Adjustments.

(f) Use of funds.

(g) Waiver.

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

7191. Procedures for issuance of rules, regulations, or

orders.

(a) Applicability of subchapter II of chapter 5 of

title 5.

(b) Substantial issue of fact or law or likelihood

of substantial impact on Nation's economy,

etc.; oral presentation.

(c) Waiver of requirements.

(d) Effects confined to single unit of local

government, geographic area within State, or

State; hearing or oral presentation.

(e) Prescription of procedures for State and local

government agencies.

7192. Judicial review.

(a) Agency action.

(b) Review by district court of United States;

removal.

(c) Litigation supervision by Attorney General.

7193. Remedial orders.

(a) Violations of rules, regulations, or orders

promulgated pursuant to Emergency Petroleum

Allocation Act of 1973.

(b) Notice of intent to contest; final order not

subject to review.

(c) Notice of contestation to Commission; stay;

hearing; cross examination; final order;

enforcement and review.

(d) Time limits.

(e) Effect on procedural action taken by Secretary

prior to issuance of initial remedial order.

(f) Savings provision.

(g) Retroactive application; marketing of petroleum

products.

7194. Requests for adjustments.

7195. Report to Congress; contents.

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

PART A - CONFLICT OF INTEREST PROVISIONS

7211 to 7218. Repealed.

PART B - PERSONNEL PROVISIONS

7231. Officers and employees.

(a) Authority of Secretary to appoint and fix

compensation.

(b) Appointment of scientific, engineering, etc.,

personnel without regard to civil service

laws; compensation; termination of authority.

(c) Placement of GS-16, GS-17, and GS-18 positions

without regard to section 3324 of title 5;

termination of authority.

(d) Appointment of additional scientific,

engineering, etc., personnel without regard to

civil service laws; compensation.

(e) Determination of maximum aggregate number of

positions.

(f) Intelligence and intelligence-related positions

exempt from competitive service.

7232. Senior positions.

7233. Experts and consultants.

7234. Advisory committees.

7235. Armed services personnel.

7236. Executive management training in Department of Energy.

(a) Establishment of training program.

(b) Training provisions.

7237. Priority placement, job placement, retraining, and

counseling programs for United States Department of

Energy employees affected by reduction in force.

(a) Definitions.

(b) Priority placement and retraining program.

(c) Filling vacancy from outside agency.

(d) Job placement and counseling services.

7238. Temporary appointments for scientific and technical

experts in Department of Energy research and

development programs.

7239. Whistleblower protection program.

(a) Program required.

(b) Covered individuals.

(c) Protected disclosures.

(d) Persons and entities to which disclosures may

be made.

(e) Official capacity of persons to whom

information is disclosed.

(f) Assistance and guidance.

(g) Regulations.

(h) Notification to covered individuals.

(i) Complaint by covered individuals.

(j) Investigation by Office of Hearings and

Appeals.

(k) Remedial action.

(l) Relationship to other laws.

(m) Annual report.

(n) Implementation report.

PART C - GENERAL ADMINISTRATIVE PROVISIONS

7251. General authority.

7252. Delegation.

7253. Reorganization.

7254. Rules and regulations.

7255. Subpoena.

7256. Contracts, leases, etc., with public agencies and

private organizations and persons.

(a) General authority.

(b) Limitation on authority; appropriations.

(c) Leasing of excess Department of Energy

property.

(d) Terms of lease.

(e) Environmental concerns.

(f) Retention and use of rentals; report.

7256a. Costs not allowed under covered contracts.

(a) In general.

(b) Regulations; costs of information provided to

Congress or State legislatures and related

costs.

(c) "Covered contract" defined.

(d) Effective date.

7256b. Prohibition and report on bonuses to contractors

operating defense nuclear facilities.

(a) Prohibition.

(b) Report on Rocky Flats bonuses.

(c) "Department of Energy defense nuclear facility"

defined.

(d) Regulations.

7257. Acquisition, construction, etc., of laboratories,

research and testing sites, etc.

7257a. Laboratory-directed research and development programs.

(a) Authority.

(b) Regulations.

(c) Funding.

(d) "Laboratory-directed research and development"

defined.

7257b. Annual report on expenditures of Department of Energy

Laboratory Directed Research and Development Program.

7257c. Limitations on use of funds for laboratory directed

research and development purposes.

(a) General limitations.

(b) Limitation in fiscal year 1998 pending

submittal of annual report.

(c) Omitted.

(d) Assessment of funding level for laboratory

directed research and development.

(e) "Laboratory directed research and development"

defined.

7257d. Expanded research by Secretary of Energy.

(a) Detection and identification research.

(b) Authorization.

7258. Facilities construction.

(a) Employees and dependents stationed at remote

locations.

(b) Medical treatment at reasonable prices.

(c) Use of reimbursement proceeds.

7259. Use of facilities.

(a) Facilities of United States and foreign

governments.

(b) Facilities under custody of Secretary.

(c) Use of reimbursement proceeds.

7259a. Activities of Department of Energy facilities.

(a) Research and activities on behalf of

non-department persons and entities.

(b) Charges.

(c) Pilot program of reduced facility overhead

charges.

(d) Applicability with respect to user fee

practice.

7260. Field offices.

7261. Acquisition of copyrights, patents, etc.

7261a. Protection of sensitive technical information.

(a) Property rights in inventions and discoveries;

timely determination; reports to Congressional

committees.

(b) Matters to be considered.

7261b. Technology transfer to small businesses.

7261c. Technology partnerships ombudsman.

(a) Appointment of ombudsman.

(b) Qualifications.

(c) Duties.

7262. Repealed.

7263. Capital fund.

7264. Seal of Department.

7265. Regional Energy Advisory Boards.

(a) Establishment; membership.

(b) Observers.

(c) Recommendations of Board.

(d) Notice of reasons not to adopt recommendations.

7266. Designation of conservation officers.

7267. Annual report.

7268. Leasing report.

7269. Transfer of funds.

7269a. Transfer of funds between appropriations for

Department of Energy activities.

7269b. Transfer of unexpended appropriation balances.

7270. Authorization of appropriations.

7270a. Guards for Strategic Petroleum Reserve facilities.

7270b. Trespass on Strategic Petroleum Reserve facilities.

7270c. Annual assessment and report on vulnerability of

facilities to terrorist attack.

7271. Common defense and security program requests of single

authorization of appropriations.

7271a to 7271c. Repealed.

7271d. Requirements for specific request for new or modified

nuclear weapons.

(a) Requirement for request for funds for

development.

(b) Budget request format.

(c) Exception.

(d) Definitions.

7272. Restriction on licensing requirement for certain

defense activities and facilities.

7273. Restriction on use of funds to pay penalties under

Clean Air Act.

7273a. Restriction on use of funds to pay penalties under

environmental laws.

(a) Restriction.

(b) Exception.

7273b. Security investigations.

7273c. International cooperative stockpile stewardship.

(a) Funding prohibition.

(b) Exceptions.

7274. Environmental impact statements relating to defense

facilities of Department of Energy.

7274a. Defense waste cleanup technology program.

(a) Establishment of program.

(b) Coordination of research activities.

(c) Definitions.

7274b. Reports in connection with permanent closures of

Department of Energy defense nuclear facilities.

(a) Training and job placement services plan.

(b) Closure report.

7274c. Report on environmental restoration expenditures.

7274d. Worker protection at nuclear weapons facilities.

(a) Training grant program.

(b) Enforcement of employee safety standards.

(c) Regulations.

(d) "Hazardous substance" defined.

(e) Funding.

7274e. Scholarship and fellowship program for environmental

restoration and waste management.

(a) Establishment.

(b) Eligibility.

(c) Agreement.

(d) Repayment.

(e) Preference for cooperative education students.

(f) Coordination of benefits.

(g) Award of scholarships and fellowships.

(h) Report to Congress.

(i) Funding.

7274f. Defense Environmental Restoration and Waste Management

Account.

(a) Establishment.

(b) Amounts in Account.

7274g. Environmental restoration and waste management

five-year plan and budget reports.

(a) Five-year plan.

(b) Treatment of plans under section 4332.

(c) Grants.

(d) Funding.

(e) Budget reports.

7274h. Department of Energy defense nuclear facilities

workforce restructuring plan.

(a) In general.

(b) Consultation.

(c) Objectives.

(d) Implementation.

(e) Plan updates.

(f) Submittal to Congress.

7274i. Program to monitor Department of Energy workers

exposed to hazardous and radioactive substances.

(a) In general.

(b) Implementation of program.

(c) Agreement with Secretary of Health and Human

Services.

7274j. Definitions.

7274k. Baseline environmental management reports.

(a) Annual environmental restoration reports.

(b) Biennial waste management reports.

(c) Contents of reports.

(d) Biennial status and variance reports.

(e) Compliance tracking.

(f) Public participation in development of

information.

7274l. Authority to transfer certain Department of Energy

property.

(a) Authority to transfer.

(b) Covered property.

7274m. Safety oversight and enforcement at defense nuclear

facilities.

(a) Safety at defense nuclear facilities.

(b) Report.

7274n. Projects to accelerate closure activities at defense

nuclear facilities.

(a) In general.

(b) Purpose.

(c) Eligible projects.

(d) Program administration.

(e) Selection of projects.

(f) Multiyear contracts.

(g) Funding.

(h) Annual report.

(i) Duration of program.

(j) Savings provision.

7274o. Reports on critical difficulties at nuclear weapons

laboratories and nuclear weapons production plants.

(a) Reports by heads of laboratories and plants.

(b) Transmittal by Assistant Secretary.

(c) Omitted.

(d) Inclusion of reports in annual stockpile

certification.

(e) Definitions.

7274p. Advice to President and Congress regarding safety,

security, and reliability of United States nuclear

weapons stockpile.

(a) Findings.

(b) Policy.

(c), (d) Omitted.

(e) Advice and opinions regarding nuclear weapons

stockpile.

(f) Expression of individual views.

(g) Definitions.

7274q. Transfers of real property at certain Department of

Energy facilities.

(a) Transfer regulations.

(b) Indemnification.

(c) Conditions.

(d) Authority of Secretary of Energy.

(e) Relationship to other law.

(f) Definitions.

7274r. Research, development, and demonstration activities

with respect to engineering and manufacturing

capabilities at covered nuclear weapons production

plants.

7274s. Annual assessments and reports to the President and

Congress regarding the condition of the United States

nuclear weapons stockpile.

(a) Annual assessments required.

(b) Covered officials.

(c) Use of teams of experts for assessments.

(d) Report on assessments.

(e) Submittals to the President and Congress.

(f) Classified form.

(g) Definitions.

(h) First submissions.

7275. Definitions.

7276. Regulations to require integrated resource planning.

(a) Regulations.

(b) Certain small customers.

7276a. Technical assistance.

7276b. Integrated resource plans.

(a) Review by Western Area Power Administration.

(b) Criteria for approval of integrated resource

plans.

(c) Use of other integrated resource plans.

(d) Compliance with integrated resource plans.

(e) Enforcement.

(f) Integrated resource planning cooperatives.

(g) Customers with more than 1 contract.

(h) Program review.

7276c. Miscellaneous provisions.

(a) Environmental impact statement.

(b) Annual reports.

(c) State regulated investor-owned utilities.

(d) Rural Electrification Administration

requirements.

7276d. Property protection program for power marketing

administrations.

7276e. Provision of rewards.

7277. Report concerning review of United States coal

imports.

(a) In general.

(b) Contents.

(c) Date of reports.

(d) Limitation.

7278. Availability of appropriations for Department of

Energy for transportation, uniforms, security, and

price support and loan guarantee programs; transfer

of funds; acceptance of contributions.

SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

7291. Transfer and allocations of appropriations and

personnel.

7292. Effect on personnel.

(a) Full-time and part-time personnel holding

permanent positions.

(b) Person who held position compensated in

accordance with chapter 53 of title 5.

(c) Employees holding reemployment rights acquired

under section 786 of title 15.

7293. Agency terminations.

7294. Incidental transfers.

7295. Savings provisions.

(a) Orders, determinations, rules, etc., in effect

prior to effective date of this chapter.

(b) Proceedings or applications for licenses,

permits, etc., pending at effective date of

this chapter; regulations.

(c) Suits commenced prior to effective date of this

chapter.

(d) Suits, actions, etc., commenced by or against

any officer or agency or cause of action by or

against any department or agency.

(e) Suits with officers, departments, or agencies

as parties.

7296. Separability.

7297. Cross references.

7298. Presidential authority.

7299. Transition.

7300. Report to Congress; effect on personnel.

7301. Environmental impact statements.

SUBCHAPTER VIII - ENERGY PLANNING

7321. National Energy Policy Plan.

(a) Preparation by President and submission to

Congress; formulation and review.

(b) Biennial transmittal to Congress; contents.

(c) Submission of report to Congress; contents.

(d) Consultation with consumers, small businesses,

etc.

7322. Congressional review.

SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM APPOINTMENTS

7341. Effective date.

7342. Interim appointments.

SUBCHAPTER X - SUNSET PROVISIONS

7351. Submission of comprehensive review.

7352. Contents of review.

SUBCHAPTER XI - ENERGY TARGETS

7361 to 7364. Repealed.

SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

7371. Statement of purpose.

7372. "Secretary" and "renewable energy resource" defined.

7373. Coordinated dissemination of information on renewable

energy resources and conservation.

7374. Energy self-sufficiency initiatives.

(a) Establishment of 3-year pilot program.

(b) Establishment of subprograms to pilot program;

scope of subprograms.

(c) Implementation of subprograms; preparation of

plan of program and additional Federal

actions.

(d) Submission of plan and implementation report to

Congress.

7375. Authorization of appropriations.

SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

7381. Findings and purposes.

(a) Findings.

(b) Purposes.

7381a. Science education programs.

(a) Programs.

(b) Relationship to other Department activities.

7381b. Laboratory cooperative science centers and other

authorized education activities.

(a) Activities.

(b) Use of facilities.

(c) Funding.

7381c. Education partnerships.

(a) Education partnerships.

(b) Types of assistance.

7381d. Definitions.

7381e. Authorization of appropriations.

SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

7382. Findings.

7382a Purpose; designation.

(a) Purpose.

(b) Designation.

7382b. Definitions.

7382c. Fellowship Program.

(a) In general.

(b) Administration.

(c) Selection.

7382d. Fellowship awards.

(a) Fellowship recipient compensation.

(b) Local educational agency.

7382e. Waste Management Education Research Consortium (WERC).

7382f. Authorization of appropriations.

(a) In general.

(b) WERC program.

SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND

COUNTERINTELLIGENCE

7383. Commission on Safeguards, Security, and

Counterintelligence at Department of Energy

Facilities.

(a) Establishment.

(b) Membership and organization.

(c) Duties.

(d) Reports.

(e) Personnel matters.

(f) Applicability of FACA.

(g) Funding.

7383a. Background investigations of certain personnel at

Department of Energy facilities.

(a) In general.

(b) Compliance.

7383b. Protection of classified information during

laboratory-to-laboratory exchanges.

(a) Provision of training.

(b) Countering of espionage and

intelligence-gathering abroad.

7383c. Restrictions on access to national laboratories by

foreign visitors from sensitive countries.

(a) Background review required.

(b) Moratorium pending certification.

(c) Waiver of moratorium.

(d) Exception to moratorium for certain

individuals.

(e) Exception to moratorium for certain programs.

(f) Sense of Congress regarding background reviews.

(g) Definitions.

7383d. Notice to congressional committees of certain security

and counterintelligence failures within nuclear

energy defense programs.

(a) Required notification.

(b) Significant nuclear defense intelligence

losses.

(c) Manner of notification.

(d) Procedures.

(e) Statutory construction.

7383e. Annual report by the President on espionage by the

People's Republic of China.

(a) Annual report required.

(b) Initial report.

7383f. Report on counterintelligence and security practices

at national laboratories.

(a) In general.

(b) Content of report.

7383g. Report on security vulnerabilities of national

laboratory computers.

(a) Report required.

(b) Preparation of report.

(c) Submission of report to Secretary of Energy and

to FBI Director.

(d) Forwarding to congressional committees.

(e) First report.

7383h. Counterintelligence polygraph program.

(a) Program required.

(b) Covered persons.

(c) High-risk programs.

(d) Initial testing and consent.

(e) Additional testing.

(f) Counterintelligence polygraph examination.

(g) Regulations.

(h) Plan for extension of program.

7383h-1. Department of Energy counterintelligence polygraph

program.

(a) New counterintelligence polygraph program

required.

(b) Authorities and limitations.

(c) Omitted.

(d) Report on further enhancement of personnel

security program.

(e) Polygraph Review defined.

7383i. Definitions of national laboratory and nuclear weapons

production facility.

7383j. Definition of Restricted Data.

SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM

7384. Findings; sense of Congress.

(a) Findings.

(b) Sense of Congress.

PART A - ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION

FUND

7384d. Establishment of Energy Employees Occupational Illness

Compensation Program.

(a) Program established.

(b) Purpose of program.

(c) Eligibility for compensation.

7384e. Establishment of Energy Employees Occupational Illness

Compensation Fund.

(a) Establishment.

(b) Amounts in compensation fund.

(c) Financing of compensation fund.

(d) Use of compensation fund.

(e) Administrative costs not paid from compensation

fund.

(f) Investment of amounts in compensation fund.

7384f. Legislative proposal.

(a) Legislative proposal required.

(b) Assessment of potential covered employees and

required amounts.

7384g. Authorization of appropriations.

(a) In general.

(b) Compensation fund.

PART B - PROGRAM ADMINISTRATION

7384l. Definitions for program administration.

7384m. Expansion of list of beryllium vendors.

7384n. Exposure in the performance of duty.

(a) Beryllium.

(b) Cancer.

(c) Guidelines.

(d) Methods for radiation dose reconstructions.

(e) Information on radiation doses.

7384o. Advisory Board on Radiation and Worker Health.

(a) Establishment.

(b) Duties.

(c) Staff.

(d) Expenses.

7384p. Responsibilities of Secretary of Health and Human

Services.

7384q. Designation of additional members of special exposure

cohort.

(a) Advice on additional members.

(b) Designation of additional members.

(c) Access to information.

7384r. Separate treatment of chronic silicosis.

(a) Sense of Congress.

(b) Certification by President.

(c) Exposure to silica in the performance of duty.

(d) Covered employee with chronic silicosis.

(e) Chronic silicosis.

7384s. Compensation and benefits to be provided.

(a) Compensation provided.

(b) Medical benefits.

(c) Beryllium sensitivity monitoring.

(d) Payment from compensation fund.

(e) Payments in the case of deceased persons.

(f) Effective date.

7384t. Medical benefits.

(a) Medical benefits provided.

(b) Persons furnishing benefits.

(c) Transportation and expenses.

(d) Commencement of benefits.

(e) Payment from compensation fund.

(f) Effective date.

7384u. Separate treatment of certain uranium employees.

(a) Compensation provided.

(b) Medical benefits.

(c) Coordination with RECA.

(d) Payment from compensation fund.

(e) Payments in the case of deceased persons.

(f) Procedures required.

(g) Effective date.

7384v. Assistance for claimants and potential claimants.

(a) Assistance for claimants.

(b) Assistance for potential claimants.

(c) Information from beryllium vendors and other

contractors.

PART C - TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION

AND BENEFITS

7385. Offset for certain payments.

7385a. Subrogation of the United States.

7385b. Payment in full settlement of claims.

7385c. Exclusivity of remedy against the United States and

against contractors and subcontractors.

(a) In general.

(b) Applicability.

(c) Workers' compensation.

7385d. Election of remedy for beryllium employees and atomic

weapons employees.

(a) Effect of tort cases filed before enactment of

original law.

(b) Effect of tort cases filed between enactment of

original law and enactment of 2001 amendments.

(c) Effect of tort cases filed after enactment of

2001 amendments.

(d) Covered tort cases.

(e) Workers' compensation.

7385e. Certification of treatment of payments under other

laws.

7385f. Claims not assignable or transferable; choice of

remedies.

(a) Claims not assignable or transferable.

(b) Choice of remedies.

7385g. Attorney fees.

(a) General rule.

(b) Applicable percentage limitations.

(c) Inapplicability to other services.

(d) Penalty.

7385h. Certain claims not affected by awards of damages.

7385i. Forfeiture of benefits by convicted felons.

(a) Forfeiture of compensation.

(b) Information.

7385j. Coordination with other Federal radiation compensation

laws.

PART D - ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS

7385o. Agreements with States.

(a) Agreements authorized.

(b) Procedure.

(c) Submittal of applications to panels.

(d) Composition and operation of panels.

(e) Assistance.

(f) Information.

(g) GAO report.

SUBCHAPTER XVII - DEPARTMENT OF ENERGY NATIONAL SECURITY

AUTHORIZATIONS GENERAL PROVISIONS

7386. Definitions.

7386a. Reprogramming.

(a) In general.

(b) Exception where notice-and-wait given.

(c) Report.

(d) Computation of days.

(e) Limitations.

7386b. Minor construction projects.

(a) Authority.

(b) Annual report.

(c) Cost variation reports to congressional

committees.

(d) Minor construction project defined.

7386c. Limits on construction projects.

(a) Construction cost ceiling.

(b) Exception where notice-and-wait given.

(c) Computation of days.

(d) Exception for minor projects.

7386d. Fund transfer authority.

(a) Transfer to other Federal agencies.

(b) Transfer within Department of Energy.

(c) Limitations.

(d) Notice to Congress.

7386e. Conceptual and construction design.

(a) Conceptual design.

(b) Construction design.

7386f. Authority for emergency planning, design, and

construction activities.

(a) Authority.

(b) Limitation.

(c) Specific authority.

7386g. Scope of authority to carry out plant projects.

7386h. Availability of funds.

(a) In general.

(b) Exception for program direction funds.

7386i. Transfer of defense environmental management funds.

(a) Transfer authority for defense environmental

management funds.

(b) Limitations.

(c) Exemption from reprogramming requirements.

(d) Notification.

(e) Definitions.

7386j. Transfer of weapons activities funds.

(a) Transfer authority for weapons activities

funds.

(b) Limitations.

(c) Exemption from reprogramming requirements.

(d) Notification.

(e) Definitions.

7386k. Funds available for all national security programs of

the Department of Energy.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 5905 of this title; title

15 section 3393; title 16 section 824a-1; title 30 section 1303;

title 43 section 1331, 1866.

-End-

-CITE-

42 USC Sec. 7101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

-HEAD-

Sec. 7101. Definitions

-STATUTE-

(a) As used in this chapter, unless otherwise provided or

indicated by the context, the term the "Department" means the

Department of Energy or any component thereof, including the

Federal Energy Regulatory Commission.

(b) As used in this chapter (1) reference to "function" includes

reference to any duty, obligation, power, authority,

responsibility, right, privilege, and activity, or the plural

thereof, as the case may be; and (2) reference to "perform", when

used in relation to functions, includes the undertaking,

fulfillment, or execution of any duty or obligation; and the

exercise of power, authority, rights, and privileges.

(c) As used in this chapter, "Federal lease" means an agreement

which, for any consideration, including but not limited to,

bonuses, rents, or royalties conferred and covenants to be

observed, authorizes a person to explore for, or develop, or

produce (or to do any or all of these) oil and gas, coal, oil

shale, tar sands, and geothermal resources on lands or interests in

lands under Federal jurisdiction.

-SOURCE-

(Pub. L. 95-91, Sec. 2, Aug. 4, 1977, 91 Stat. 567.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (b), and (c), was in

the original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91

Stat. 565, as amended, known as the Department of Energy

Organization Act, which is classified principally to this chapter.

For complete classification of this Act to the Code, see Short

Title note set out below and Tables.

-MISC1-

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-28, Sec. 1, July 18, 1997, 111 Stat. 245, provided

that: "This Act [amending sections 7191 and 7234 of this title and

repealing section 776 of Title 15, Commerce and Trade] may be cited

as the 'Department of Energy Standardization Act of 1997'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-271, Sec. 1, Apr. 11, 1990, 104 Stat. 135, provided

that: "This Act [amending section 7171 of this title and enacting

provisions set out as a note under section 7171 of this title] may

be cited as the 'Federal Energy Regulatory Commission Member Term

Act of 1990'."

SHORT TITLE

Section 1 of Pub. L. 95-91 provided: "That this Act [enacting

this chapter and section 916 of Title 7, Agriculture, amending

sections 6833 and 6839 of this title, section 19 of Title 3, The

President, sections 101, 5108, and 5312 to 5316 of Title 5,

Government Organization and Employees, section 1701z-8 of Title 12,

Banks and Banking, and sections 766, 790a, 790d, and 2002 of Title

15, Commerce and Trade, repealing sections 2036 and 5818 of this

title and sections 763, 768, and 786 of Title 15, enacting

provisions set out as a note under section 2201 of this title, and

repealing provisions set out as a note under section 761 of Title

15] may be cited as the 'Department of Energy Organization Act'."

For short title of part E of title XXXI of div. C of Pub. L.

101-510, which enacted subchapter XIII of this chapter, as the

"Department of Energy Science Education Enhancement Act", see

section 3161 of Pub. L. 101-510, set out as a note under section

7381 of this title.

For short title of part A of title V of Pub. L. 103-382, which

enacted subchapter XIV of this chapter, as the "Albert Einstein

Distinguished Educator Fellowship Act of 1994", see section 511 of

Pub. L. 103-382, set out as a note under section 7382 of this

title.

For short title of subtitle D of title XXXI of div. C of Pub. L.

106-65, which enacted subchapter XV of this chapter, as the

"Department of Energy Facilities Safeguards, Security, and

Counterintelligence Enhancement Act of 1999", see section 3141 of

Pub. L. 106-65, set out as a note under section 7383 of this title.

For short title of section 1 [div. C, title XXXVI] of Pub. L.

106-398, which enacted subchapter XVI of this chapter, as the

"Energy Employees Occupational Illness Compensation Program Act of

2000", see section 1 [div. C, title XXXVI, Sec. 3601] of Pub. L.

106-398, set out as a note under section 7384 of this title.

Pub. L. 107-314, div. C, title XXXVI, Sec. 3601, Dec. 2, 2002,

116 Stat. 2756, provided that: "This title [enacting subchapter

XVII of this chapter] may be cited as the 'Atomic Energy Defense

Act'."

-EXEC-

EXECUTIVE ORDER NO. 12083

Ex. Ord. No. 12083, Sept. 27, 1978, 43 F.R. 44813, as amended by

Ex. Ord. No. 12121, Feb. 26, 1979, 44 F.R. 11195; Ex. Ord. No.

12148, July 20, 1979, 44 F.R. 43239, which established the Energy

Coordinating Committee and provided for its membership, functions,

etc., was revoked by Ex. Ord. No. 12379, Sec. 20, Aug. 17, 1982, 47

F.R. 36100, set out as a note under section 14 of the Federal

Advisory Committee Act in the Appendix to Title 5, Government

Organization and Employees.

-End-

-CITE-

42 USC SUBCHAPTER I - DECLARATION OF FINDINGS AND

PURPOSES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-

SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-End-

-CITE-

42 USC Sec. 7111 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-

Sec. 7111. Congressional findings

-STATUTE-

The Congress of the United States finds that -

(1) the United States faces an increasing shortage of

nonrenewable energy resources;

(2) this energy shortage and our increasing dependence on

foreign energy supplies present a serious threat to the national

security of the United States and to the health, safety and

welfare of its citizens;

(3) a strong national energy program is needed to meet the

present and future energy needs of the Nation consistent with

overall national economic, environmental and social goals;

(4) responsibility for energy policy, regulation, and research,

development and demonstration is fragmented in many departments

and agencies and thus does not allow for the comprehensive,

centralized focus necessary for effective coordination of energy

supply and conservation programs; and

(5) formulation and implementation of a national energy program

require the integration of major Federal energy functions into a

single department in the executive branch.

-SOURCE-

(Pub. L. 95-91, title I, Sec. 101, Aug. 4, 1977, 91 Stat. 567.)

-End-

-CITE-

42 USC Sec. 7112 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-

Sec. 7112. Congressional declaration of purpose

-STATUTE-

The Congress therefore declares that the establishment of a

Department of Energy is in the public interest and will promote the

general welfare by assuring coordinated and effective

administration of Federal energy policy and programs. It is the

purpose of this chapter:

(1) To establish a Department of Energy in the executive

branch.

(2) To achieve, through the Department, effective management of

energy functions of the Federal Government, including

consultation with the heads of other Federal departments and

agencies in order to encourage them to establish and observe

policies consistent with a coordinated energy policy, and to

promote maximum possible energy conservation measures in

connection with the activities within their respective

jurisdictions.

(3) To provide for a mechanism through which a coordinated

national energy policy can be formulated and implemented to deal

with the short-, mid- and long-term energy problems of the

Nation; and to develop plans and programs for dealing with

domestic energy production and import shortages.

(4) To create and implement a comprehensive energy conservation

strategy that will receive the highest priority in the national

energy program.

(5) To carry out the planning, coordination, support, and

management of a balanced and comprehensive energy research and

development program, including -

(A) assessing the requirements for energy research and

development;

(B) developing priorities necessary to meet those

requirements;

(C) undertaking programs for the optimal development of the

various forms of energy production and conservation; and

(D) disseminating information resulting from such programs,

including disseminating information on the commercial

feasibility and use of energy from fossil, nuclear, solar,

geothermal, and other energy technologies.

(6) To place major emphasis on the development and commercial

use of solar, geothermal, recycling and other technologies

utilizing renewable energy resources.

(7) To continue and improve the effectiveness and objectivity

of a central energy data collection and analysis program within

the Department.

(8) To facilitate establishment of an effective strategy for

distributing and allocating fuels in periods of short supply and

to provide for the administration of a national energy supply

reserve.

(9) To promote the interests of consumers through the provision

of an adequate and reliable supply of energy at the lowest

reasonable cost.

(10) To establish and implement through the Department, in

coordination with the Secretaries of State, Treasury, and

Defense, policies regarding international energy issues that have

a direct impact on research, development, utilization, supply,

and conservation of energy in the United States and to undertake

activities involving the integration of domestic and foreign

policy relating to energy, including provision of independent

technical advice to the President on international negotiations

involving energy resources, energy technologies, or nuclear

weapons issues, except that the Secretary of State shall continue

to exercise primary authority for the conduct of foreign policy

relating to energy and nuclear nonproliferation, pursuant to

policy guidelines established by the President.

(11) To provide for the cooperation of Federal, State, and

local governments in the development and implementation of

national energy policies and programs.

(12) To foster and assure competition among parties engaged in

the supply of energy and fuels.

(13) To assure incorporation of national environmental

protection goals in the formulation and implementation of energy

programs, and to advance the goals of restoring, protecting, and

enhancing environmental quality, and assuring public health and

safety.

(14) To assure, to the maximum extent practicable, that the

productive capacity of private enterprise shall be utilized in

the development and achievement of the policies and purposes of

this chapter.

(15) To provide for, encourage, and assist public participation

in the development and enforcement of national energy programs.

(16) To create an awareness of, and responsibility for, the

fuel and energy needs of rural and urban residents as such needs

pertain to home heating and cooling, transportation, agricultural

production, electrical generation, conservation, and research and

development.

(17) To foster insofar as possible the continued good health of

the Nation's small business firms, public utility districts,

municipal utilities, and private cooperatives involved in energy

production, transportation, research, development, demonstration,

marketing, and merchandising.

(18) To provide for the administration of the functions of the

Energy Research and Development Administration related to nuclear

weapons and national security which are transferred to the

Department by this chapter.

(19) To ensure that the Department can continue current support

of mathematics, science, and engineering education programs by

using the personnel, facilities, equipment, and resources of its

laboratories and by working with State and local education

agencies, institutions of higher education, and business and

industry. The Department's involvement in mathematics, science,

and engineering education should be consistent with its main

mission and should be coordinated with all Federal efforts in

mathematics, science, and engineering education, especially with

the Department of Education and the National Science Foundation

(which have the primary Federal responsibility for mathematics,

science, and engineering education).

-SOURCE-

(Pub. L. 95-91, title I, Sec. 102, Aug. 4, 1977, 91 Stat. 567; Pub.

L. 101-510, div. C, title XXXI, Sec. 3163, Nov. 5, 1990, 104 Stat.

1841.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-510 substituted "chapter:" for "chapter - " in

introductory provisions, capitalized the first letter of the first

word in each of pars. (1) to (18), substituted a period for last

semicolon in each of pars. (1) to (17), struck out "and" at end of

par. (17), and added par. (19).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7133 of this title.

-End-

-CITE-

42 USC Sec. 7113 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-

Sec. 7113. Relationship with States

-STATUTE-

Whenever any proposed action by the Department conflicts with the

energy plan of any State, the Department shall give due

consideration to the needs of such State, and where practicable,

shall attempt to resolve such conflict through consultations with

appropriate State officials. Nothing in this chapter shall affect

the authority of any State over matters exclusively within its

jurisdiction.

-SOURCE-

(Pub. L. 95-91, title I, Sec. 103, Aug. 4, 1977, 91 Stat. 569.)

-End-

-CITE-

42 USC SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7232, 7341 of this

title.

-End-

-CITE-

42 USC Sec. 7131 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7131. Establishment

-STATUTE-

There is established at the seat of government an executive

department to be known as the Department of Energy. There shall be

at the head of the Department a Secretary of Energy (hereinafter in

this chapter referred to as the "Secretary"), who shall be

appointed by the President by and with the advice and consent of

the Senate. The Department shall be administered, in accordance

with the provisions of this chapter, under the supervision and

direction of the Secretary.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 201, Aug. 4, 1977, 91 Stat. 569.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as

amended, known as the Department of Energy Organization Act, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Department of Energy, including the functions of the Secretary

of Energy relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 121(g)(4),

183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and

the Department of Homeland Security Reorganization Plan of November

25, 2002, as modified, set out as a note under section 542 of Title

6.

-End-

-CITE-

42 USC Sec. 7132 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7132. Principal officers

-STATUTE-

(a) Deputy Secretary

There shall be in the Department a Deputy Secretary, who shall be

appointed by the President, by and with the advice and consent of

the Senate, and who shall be compensated at the rate provided for

level II of the Executive Schedule under section 5313 of title 5.

The Deputy Secretary shall act for and exercise the functions of

the Secretary during the absence or disability of the Secretary or

in the event the office of Secretary becomes vacant. The Secretary

shall designate the order in which the Under Secretary and other

officials shall act for and perform the functions of the Secretary

during the absence or disability of both the Secretary and Deputy

Secretary or in the event of vacancies in both of those offices.

(b) Under Secretary; General Counsel

There shall be in the Department an Under Secretary and a General

Counsel, who shall be appointed by the President, by and with the

advice and consent of the Senate, and who shall perform such

functions and duties as the Secretary shall prescribe. The Under

Secretary shall bear primary responsibility for energy

conservation. The Under Secretary shall be compensated at the rate

provided for level III of the Executive Schedule under section 5314

of title 5, and the General Counsel shall be compensated at the

rate provided for level IV of the Executive Schedule under section

5315 of title 5.

(c) Under Secretary for Nuclear Security

(1) There shall be in the Department an Under Secretary for

Nuclear Security, who shall be appointed by the President, by and

with the advice and consent of the Senate. The Under Secretary

shall be compensated at the rate provided for at level III of the

Executive Schedule under section 5314 of title 5.

(2) The Under Secretary for Nuclear Security shall be appointed

from among persons who -

(A) have extensive background in national security,

organizational management, and appropriate technical fields; and

(B) are well qualified to manage the nuclear weapons,

nonproliferation, and materials disposition programs of the

National Nuclear Security Administration in a manner that

advances and protects the national security of the United States.

(3) The Under Secretary for Nuclear Security shall serve as the

Administrator for Nuclear Security under section 2402 of title 50.

In carrying out the functions of the Administrator, the Under

Secretary shall be subject to the authority, direction, and control

of the Secretary. Such authority, direction, and control may be

delegated only to the Deputy Secretary of Energy, without

redelegation.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 202, Aug. 4, 1977, 91 Stat. 569;

Pub. L. 106-65, div. C, title XXXII, Sec. 3202, Oct. 5, 1999, 113

Stat. 954.)

-MISC1-

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-65 added subsec. (c).

TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY FOR

NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY

Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3151], Oct. 30,

2000, 114 Stat. 1654, 1654A-464, provided that:

"(a) Length of Term. - The term of office as Under Secretary for

Nuclear Security of the Department of Energy of the person first

appointed to that position shall be three years.

"(b) Exclusive Reasons for Removal. - The exclusive reasons for

removal from office as Under Secretary for Nuclear Security of the

person described in subsection (a) shall be inefficiency, neglect

of duty, or malfeasance in office.

"(c) Position Described. - The position of Under Secretary for

Nuclear Security of the Department of Energy referred to in this

section is the position established by subsection (c) of section

202 of the Department of Energy Organization Act (42 U.S.C. 7132),

as added by section 3202 of the National Nuclear Security

Administration Act (title XXXII of Public Law 106-65; 113 Stat.

954)."

Substantially identical provisions were contained in Pub. L.

106-377, Sec. 1(a)(2) [title III, Sec. 313], Oct. 27, 2000, 114

Stat. 1441, 1441A-81.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 sections 2402, 2410.

-End-

-CITE-

42 USC Sec. 7133 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7133. Assistant Secretaries; appointment and confirmation;

identification of responsibilities

-STATUTE-

(a) There shall be in the Department six Assistant Secretaries,

each of whom shall be appointed by the President, by and with the

advice and consent of the Senate; who shall be compensated at the

rate provided for at level IV of the Executive Schedule under

section 5315 of title 5; and who shall perform, in accordance with

applicable law, such of the functions transferred or delegated to,

or vested in, the Secretary as he shall prescribe in accordance

with the provisions of this chapter. The functions which the

Secretary shall assign to the Assistant Secretaries include, but

are not limited to, the following:

(1) Energy resource applications, including functions dealing

with management of all forms of energy production and

utilization, including fuel supply, electric power supply,

enriched uranium production, energy technology programs, and the

management of energy resource leasing procedures on Federal

lands.

(2) Energy research and development functions, including the

responsibility for policy and management of research and

development for all aspects of -

(A) solar energy resources;

(B) geothermal energy resources;

(C) recycling energy resources;

(D) the fuel cycle for fossil energy resources; and

(E) the fuel cycle for nuclear energy resources.

(3) Environmental responsibilities and functions, including

advising the Secretary with respect to the conformance of the

Department's activities to environmental protection laws and

principles, and conducting a comprehensive program of research

and development on the environmental effects of energy

technologies and programs.

(4) International programs and international policy functions,

including those functions which assist in carrying out the

international energy purposes described in section 7112 of this

title.

(5) Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.

3294(b), Oct. 5, 1999, 113 Stat. 970.

(6) Intergovernmental policies and relations, including

responsibilities for assuring that national energy policies are

reflective of and responsible to the needs of State and local

governments, and for assuring that other components of the

Department coordinate their activities with State and local

governments, where appropriate, and develop intergovernmental

communications with State and local governments.

(7) Competition and consumer affairs, including

responsibilities for the promotion of competition in the energy

industry and for the protection of the consuming public in the

energy policymaking processes, and assisting the Secretary in the

formulation and analysis of policies, rules, and regulations

relating to competition and consumer affairs.

(8) Nuclear waste management responsibilities, including -

(A) the establishment of control over existing Government

facilities for the treatment and storage of nuclear wastes,

including all containers, casks, buildings, vehicles,

equipment, and all other materials associated with such

facilities;

(B) the establishment of control over all existing nuclear

waste in the possession or control of the Government and all

commercial nuclear waste presently stored on other than the

site of a licensed nuclear power electric generating facility,

except that nothing in this paragraph shall alter or effect

title to such waste;

(C) the establishment of temporary and permanent facilities

for storage, management, and ultimate disposal of nuclear

wastes;

(D) the establishment of facilities for the treatment of

nuclear wastes;

(E) the establishment of programs for the treatment,

management, storage, and disposal of nuclear wastes;

(F) the establishment of fees or user charges for nuclear

waste treatment or storage facilities, including fees to be

charged Government agencies; and

(G) the promulgation of such rules and regulations to

implement the authority described in this paragraph,

except that nothing in this section shall be construed as

granting to the Department regulatory functions presently within

the Nuclear Regulatory Commission, or any additional functions

than those already conferred by law.

(9) Energy conservation functions, including the development of

comprehensive energy conservation strategies for the Nation, the

planning and implementation of major research and demonstration

programs for the development of technologies and processes to

reduce total energy consumption, the administration of voluntary

and mandatory energy conservation programs, and the dissemination

to the public of all available information on energy conservation

programs and measures.

(10) Power marketing functions, including responsibility for

marketing and transmission of Federal power.

(11) Public and congressional relations functions, including

responsibilities for providing a continuing liaison between the

Department and the Congress and the Department and the public.

(b) At the time the name of any individual is submitted for

confirmation to the position of Assistant Secretary, the President

shall identify with particularity the function or functions

described in subsection (a) of this section (or any portion

thereof) for which such individual will be responsible.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 203, Aug. 4, 1977, 91 Stat. 570;

Pub. L. 106-65, div. C, title XXXII, Sec. 3294(a)(2), (b), Oct. 5,

1999, 113 Stat. 970.)

-MISC1-

AMENDMENTS

1999 - Subsec. (a). Pub. L. 106-65, Sec. 3294(a)(2), substituted

"six" for "eight" in introductory provisions.

Subsec. (a)(5). Pub. L. 106-65, Sec. 3294(b), struck out par. (5)

which read as follows: "National security functions, including

those transferred to the Department from the Energy Research and

Development Administration which relate to management and

implementation of the nuclear weapons program and other national

security functions involving nuclear weapons research and

development."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section

3299 of Pub. L. 106-65, set out as an Effective Date note under

section 2401 of Title 50, War and National Defense.

FEDERAL POWER MARKETING ADMINISTRATION EMPLOYMENT LEVELS

Pub. L. 101-514, title V, Sec. 510, Nov. 5, 1990, 104 Stat. 2098,

provided that no funds appropriated or made available were to be

used by the executive branch to change employment levels determined

by Administrators of the Federal Power Marketing Administrations to

be necessary to carry out their responsibilities under this chapter

and related laws, or to change employment levels of other

Department of Energy programs to compensate for employment levels

of the Federal Power Marketing Administrations, prior to repeal by

Pub. L. 104-46, title V, Sec. 501, Nov. 13, 1995, 109 Stat. 419.

MARKETING AND EXCHANGE OF SURPLUS ELECTRICITY FROM NAVAJO

GENERATING STATION

Pub. L. 98-381, title I, Sec. 107, Aug. 17, 1984, 98 Stat. 1339,

provided that:

"(a) Subject to the provisions of any existing layoff contracts,

electrical capacity and energy associated with the United States'

interest in the Navajo generating station which is in excess of the

pumping requirements of the Central Arizona project and any such

needs for desalting and protective pumping facilities as may be

required under section 101(b)(2)(B) of the Colorado River Basin

Salinity Control Act of 1974, as amended [43 U.S.C. 1571(b)(2)(B)]

(hereinafter in this Act referred to as 'Navajo surplus') shall be

marketed and exchanged by the Secretary of Energy pursuant to this

section.

"(b) Navajo surplus shall be marketed by the Secretary of Energy

pursuant to the plan adopted under subsection (c) of this section,

directly to, with or through the Arizona Power Authority and/or

other entities having the status of preference entities under the

reclamation law in accordance with the preference provisions of

section 9(c) of the Reclamation Project Act of 1939 [43 U.S.C.

485h(c)] and as provided in part IV, section A of the Criteria.

"(c) In the marketing and exchanging of Navajo surplus, the

Secretary of the Interior shall adopt the plan deemed most

acceptable, after consultation with the Secretary of Energy, the

Governor of Arizona, and the Central Arizona Water Conservation

District (or its successor in interest to the repayment obligation

for the Central Arizona project), for the purposes of optimizing

the availability of Navajo surplus and providing financial

assistance in the timely construction and repayment of construction

costs of authorized features of the Central Arizona project. The

Secretary of the Interior, in concert with the Secretary of Energy,

in accordance with section 14 of the Reclamation Project Act of

1939 [43 U.S.C. 389], shall grant electrical power and energy

exchange rights with Arizona entities as necessary to implement the

adopted plan: Provided, however, That if exchange rights with

Arizona entities are not required to implement the adopted plan,

exchange rights may be offered to other entities.

"(d) For the purposes provided in subsection (c) of this section,

the Secretary of Energy, or the marketing entity or entities under

the adopted plan, are authorized to establish and collect or cause

to be established and collected, rate components, in addition to

those currently authorized, and to deposit the revenues received in

the Lower Colorado River Basin Development Fund to be available for

such purposes and if required under the adopted plan, to credit,

utilize, pay over directly or assign revenues from such additional

rate components to make repayment and establish reserves for

repayment of funds, including interest incurred, to entities which

have advanced funds for the purposes of subsection (c) of this

section: Provided, however, That rates shall not exceed levels that

allow for an appropriate saving for the contractor.

"(e) To the extent that this section may be in conflict with any

other provision of law relating to the marketing and exchange of

Navajo surplus, or to the disposition of any revenues therefrom,

this section shall control."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7139 of this title.

-End-

-CITE-

42 USC Sec. 7134 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7134. Federal Energy Regulatory Commission; compensation of

Chairman and members

-STATUTE-

There shall be within the Department, a Federal Energy Regulatory

Commission established by subchapter IV of this chapter

(hereinafter referred to in this chapter as the "Commission"). The

Chairman shall be compensated at the rate provided for level III of

the Executive Schedule under section 5314 of title 5. The other

members of the Commission shall be compensated at the rate provided

for level IV of the Executive Schedule under section 5315 of title

5. The Chairman and members of the Commission shall be individuals

who, by demonstrated ability, background, training, or experience,

are specially qualified to assess fairly the needs and concerns of

all interests affected by Federal energy policy.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 204, Aug. 4, 1977, 91 Stat. 571.)

-End-

-CITE-

42 USC Sec. 7135 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7135. Energy Information Administration

-STATUTE-

(a) Establishment; appointment of Administrator; compensation;

qualifications; duties

(1) There shall be within the Department an Energy Information

Administration to be headed by an Administrator who shall be

appointed by the President, by and with the advice and consent of

the Senate, and who shall be compensated at the rate provided for

in level IV of the Executive Schedule under section 5315 of title

5. The Administrator shall be a person who, by reason of

professional background and experience, is specially qualified to

manage an energy information system.

(2) The Administrator shall be responsible for carrying out a

central, comprehensive, and unified energy data and information

program which will collect, evaluate, assemble, analyze, and

disseminate data and information which is relevant to energy

resource reserves, energy production, demand, and technology, and

related economic and statistical information, or which is relevant

to the adequacy of energy resources to meet demands in the near and

longer term future for the Nation's economic and social needs.

(b) Delegation of functions

The Secretary shall delegate to the Administrator (which

delegation may be on a nonexclusive basis as the Secretary may

determine may be necessary to assure the faithful execution of his

authorities and responsibilities under law) the functions vested in

him by law relating to gathering, analysis, and dissemination of

energy information (as defined in section 796 of title 15) and the

Administrator may act in the name of the Secretary for the purpose

of obtaining enforcement of such delegated functions.

(c) Functions of Director of Office of Energy Information and

Analysis

In addition to, and not in limitation of the functions delegated

to the Administrator pursuant to other subsections of this section,

there shall be vested in the Administrator, and he shall perform,

the functions assigned to the Director of the Office of Energy

Information and Analysis under part B of the Federal Energy

Administration Act of 1974 [15 U.S.C. 790 et seq.], and the

provisions of sections 53(d) and 59 thereof [15 U.S.C. 790b(d),

790h] shall be applicable to the Administrator in the performance

of any function under this chapter.

(d) Collection or analysis of information and preparation of

reports without approval

The Administrator shall not be required to obtain the approval of

any other officer or employee of the Department in connection with

the collection or analysis of any information; nor shall the

Administrator be required, prior to publication, to obtain the

approval of any other officer or employee of the United States with

respect to the substance of any statistical or forecasting

technical reports which he has prepared in accordance with law.

(e) Annual audit

The Energy Information Administration shall be subject to an

annual professional audit review of performance as described in

section 55 (!1) of part B of the Federal Energy Administration Act

of 1974.

(f) Furnishing information or analysis to any other administration,

commission, or office within Department

The Administrator shall, upon request, promptly provide any

information or analysis in his possession pursuant to this section

to any other administration, commission, or office within the

Department which such administration, commission, or office

determines relates to the functions of such administration,

commission, or office.

(g) Availability of information to public

Information collected by the Energy Information Administration

shall be cataloged and, upon request, any such information shall be

promptly made available to the public in a form and manner easily

adaptable for public use, except that this subsection shall not

require disclosure of matters exempted from mandatory disclosure by

section 552(b) of title 5. The provisions of section 796(d) of

title 15, and section 5916 of this title, shall continue to apply

to any information obtained by the Administrator under such

provisions.

(h) Identification and designation of "major energy producing

companies"; format for financial report; accounting practices;

filing of financial report; annual report of Department;

definitions; confidentiality

(1)(A) In addition to the acquisition, collection, analysis, and

dissemination of energy information pursuant to this section, the

Administrator shall identify and designate "major energy-producing

companies" which alone or with their affiliates are involved in one

or more lines of commerce in the energy industry so that the energy

information collected from such major energy-producing companies

shall provide a statistically accurate profile of each line of

commerce in the energy industry in the United States.

(B) In fulfilling the requirements of this subsection the

Administrator shall -

(i) utilize, to the maximum extent practicable, consistent with

the faithful execution of his responsibilities under this

chapter, reliable statistical sampling techniques; and

(ii) otherwise give priority to the minimization of the

reporting of energy information by small business.

(2) The Administrator shall develop and make effective for use

during the second full calendar year following August 4, 1977, the

format for an energy-producing company financial report. Such

report shall be designed to allow comparison on a uniform and

standardized basis among energy-producing companies and shall

permit for the energy-related activities of such companies -

(A) an evaluation of company revenues, profits, cash flow, and

investments in total, for the energy-related lines of commerce in

which such company is engaged and for all significant

energy-related functions within such company;

(B) an analysis of the competitive structure of sectors and

functional groupings within the energy industry;

(C) the segregation of energy information, including financial

information, describing company operations by energy source and

geographic area;

(D) the determination of costs associated with exploration,

development, production, processing, transportation, and

marketing and other significant energy-related functions within

such company; and

(E) such other analyses or evaluations as the Administrator

finds is necessary to achieve the purposes of this chapter.

(3) The Administrator shall consult with the Chairman of the

Securities and Exchange Commission with respect to the development

of accounting practices required by the Energy Policy and

Conservation Act [42 U.S.C. 6201 et seq.] to be followed by persons

engaged in whole or in part in the production of crude oil and

natural gas and shall endeavor to assure that the energy-producing

company financial report described in paragraph (2) of this

subsection, to the extent practicable and consistent with the

purposes and provisions of this chapter, is consistent with such

accounting practices where applicable.

(4) The Administrator shall require each major energy-producing

company to file with the Administrator an energy-producing company

financial report on at least an annual basis and may request energy

information described in such report on a quarterly basis if he

determines that such quarterly report of information will

substantially assist in achieving the purposes of this chapter.

(5) A summary of information gathered pursuant to this section,

accompanied by such analysis as the Administrator deems

appropriate, shall be included in the annual report of the

Department required by subsection (a) (!2) of section 7267 of this

title.

(6) As used in this subsection the term -

(A) "energy-producing company" means a person engaged in:

(i) ownership or control of mineral fuel resources or

nonmineral energy resources;

(ii) exploration for, or development of, mineral fuel

resources;

(iii) extraction of mineral fuel or nonmineral energy

resources;

(iv) refining, milling, or otherwise processing mineral fuels

or nonmineral energy resources;

(v) storage of mineral fuels or nonmineral energy resources;

(vi) the generation, transmission, or storage of electrical

energy;

(vii) transportation of mineral fuels or nonmineral energy

resources by any means whatever; or

(viii) wholesale or retail distribution of mineral fuels,

nonmineral energy resources or electrical energy;

(B) "energy industry" means all energy-producing companies; and

(C) "person" has the meaning as set forth in section 796 of

title 15.

(7) The provisions of section 1905 of title 18 shall apply in

accordance with its terms to any information obtained by the

Administration pursuant to this subsection.

(i) Manufacturers energy consumption survey

(1) The Administrator shall conduct and publish the results of a

survey of energy consumption in the manufacturing industries in the

United States at least once every two years and in a manner

designed to protect the confidentiality of individual responses. In

conducting the survey, the Administrator shall collect information,

including -

(A) quantity of fuels consumed;

(B) energy expenditures;

(C) fuel switching capabilities; and

(D) use of nonpurchased sources of energy, such as solar, wind,

biomass, geothermal, waste by-products, and cogeneration.

(2) This subsection does not affect the authority of the

Administrator to collect data under section 52 of the Federal

Energy Administration Act of 1974 (15 U.S.C. 790a).

(j) Collection and publication of survey results

(1) The Administrator shall annually collect and publish the

results of a survey of electricity production from domestic

renewable energy resources, including production in kilowatt hours,

total installed capacity, capacity factor, and any other measure of

production efficiency. Such results shall distinguish between

various renewable energy resources.

(2) In carrying out this subsection, the Administrator shall -

(A) utilize, to the maximum extent practicable and consistent

with the faithful execution of his responsibilities under this

chapter, reliable statistical sampling techniques; and

(B) otherwise take into account the reporting burdens of energy

information by small businesses.

(3) As used in this subsection, the term "renewable energy

resources" includes energy derived from solar thermal, geothermal,

biomass, wind, and photovoltaic resources.

(k) Survey procedure

Pursuant to section 52(a) of the Federal Energy Administration

Act of 1974 (15 U.S.C. 790a(a)), the Administrator shall -

(1) conduct surveys of residential and commercial energy use at

least once every 3 years, and make such information available to

the public;

(2) when surveying electric utilities, collect information on

demand-side management programs conducted by such utilities,

including information regarding the types of demand-side

management programs being operated, the quantity of measures

installed, expenditures on demand-side management programs,

estimates of energy savings resulting from such programs, and

whether the savings estimates were verified; and

(3) in carrying out this subsection, take into account

reporting burdens and the protection of proprietary information

as required by law.

(l) Data collection

In order to improve the ability to evaluate the effectiveness of

the Nation's energy efficiency policies and programs, the

Administrator shall, in carrying out the data collection provisions

of subsections (i) and (k) of this section, consider -

(1) expanding the survey instruments to include questions

regarding participation in Government and utility conservation

programs;

(2) expanding fuel-use surveys in order to provide greater

detail on energy use by user subgroups; and

(3) expanding the scope of data collection on energy efficiency

and load-management programs, including the effects of building

construction practices such as those designed to obtain peak load

shifting.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 205, Aug. 4, 1977, 91 Stat. 572;

Pub. L. 99-509, title III, Sec. 3101(a), Oct. 21, 1986, 100 Stat.

1888; Pub. L. 102-486, title I, Sec. 171, Oct. 24, 1992, 106 Stat.

2864.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Energy Administration Act of 1974, referred to in

subsec. (c), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as

amended. Part B of the Federal Energy Administration Act of 1974 is

classified generally to subchapter II (Sec. 790 et seq.) of chapter

16B of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see Short Title note set out under section

761 of Title 15 and Tables.

Section 55 of part B of the Federal Energy Administration Act of

1974, referred to in subsec. (e), was classified to section 790d of

Title 15, Commerce and Trade, and was repealed by Pub. L. 104-66,

title I, Sec. 1051(k), Dec. 21, 1995, 109 Stat. 717.

The Energy Policy and Conservation Act, referred to in subsec.

(h)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended,

which is classified principally to chapter 77 (Sec. 6201 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6201 of this title and

Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (i)(1). Pub. L. 102-486, Sec. 171(a)(1), in

introductory provisions, substituted "at least once every two

years" for "on at least a triennial basis".

Subsec. (i)(1)(D). Pub. L. 102-486, Sec. 171(a)(2), amended

subpar. (D) generally. Prior to amendment, subpar. (D) read as

follows: "use of nonpurchased sources of energy, such as

cogeneration and waste by-products."

Subsecs. (j) to (l). Pub. L. 102-486, Sec. 171(b), added subsecs.

(j) to (l).

1986 - Subsec. (i). Pub. L. 99-509 added subsec. (i).

END USE CONSUMPTION SURVEYS; MANUFACTURING ENERGY CONSUMPTION

SURVEY

Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,

110 Stat. 1321-156, 1321-188; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That

notwithstanding section 4(d) of the Service Contract Act of 1965

(41 U.S.C. 353(d)) or any other provision of law, funds

appropriated under this heading [DEPARTMENT OF ENERGY, energy

information administration] hereafter may be used to enter into a

contract for end use consumption surveys for a term not to exceed

eight years: Provided further, That notwithstanding any other

provision of law, hereafter the Manufacturing Energy Consumption

Survey shall be conducted on a triennial basis."

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Section 7267 of this title was enacted

without a subsec. (a).

-End-

-CITE-

42 USC Sec. 7135a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7135a. Delegation by Secretary of Energy of energy research,

etc., functions to Administrator of Energy Information

Administration; prohibition against required delegation;

utilization of capabilities by Secretary

-STATUTE-

Notwithstanding any other provision of law, the Secretary of

Energy shall not be required to delegate to the Administrator of

the Energy Information Administration any energy research,

development, and demonstration function vested in the Secretary,

pursuant to the Atomic Energy Act [42 U.S.C. 2011 et seq.], the

Federal Nonnuclear Energy Research and Development Act [42 U.S.C.

5901 et seq.], the Geothermal Research, Development and

Demonstration Act [30 U.S.C. 1101 et seq.], the Electric and Hybrid

Vehicle Research, Development and Demonstration Act [15 U.S.C. 2501

et seq.], the Solar Heating and Cooling Demonstration Act [42

U.S.C. 5501 et seq.], the Solar Energy Research, Development and

Demonstration Act [42 U.S.C. 5551 et seq.], and the Energy

Reorganization Act [42 U.S.C. 5801 et seq.]. Additionally, the

Secretary may utilize the capabilities of the Energy Information

Administration as he deems appropriate for the conduct of such

programs.

-SOURCE-

(Pub. L. 95-238, title I, Sec. 104(b), Feb. 25, 1978, 92 Stat. 53.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act, referred to in text, probably means the

Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by

act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended,

which is classified generally to chapter 23 (Sec. 2011 et seq.) of

this title. For complete classification of this Act to the Code,

see Short Title note set out under section 2011 of this title and

Tables.

The Federal Nonnuclear Energy Research and Development Act,

referred to in text, probably means the Federal Nonnuclear Energy

Research and Development Act of 1974, Pub. L. 93-577, Dec. 31,

1974, 88 Stat. 1878, as amended, which is classified generally to

chapter 74 (Sec. 5901 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5901 of this title and Tables.

The Geothermal Research, Development, and Demonstration Act,

referred to in text, probably means the Geothermal Energy,

Research, Development, and Demonstration Act of 1974, Pub. L.

93-410, Sept. 3, 1974, 88 Stat. 1079, as amended, which is

classified generally to chapter 24 (Sec. 1101 et seq.) of Title 30,

Mineral Lands and Mining. For complete classification of this Act

to the Code, see Short Title note set out under section 1101 of

Title 30 and Tables.

The Electric and Hybrid Vehicle Research, Development and

Demonstration Act, referred to in text, probably means the Electric

and Hybrid Vehicle Research, Development, and Demonstration Act of

1976, Pub. L. 94-413, Sept. 17, 1976, 90 Stat. 1260, as amended,

which is classified generally to chapter 52 (Sec. 2501 et seq.) of

Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see Short Title note set out under section 2501 of

Title 15 and Tables.

The Solar Heating and Cooling Demonstration Act, referred to in

text, probably means the Solar Heating and Cooling Demonstration

Act of 1974, Pub. L. 93-409, Sept. 3, 1974, 88 Stat. 1069, as

amended, which is classified generally to subchapter I (Sec. 5501

et seq.) of chapter 71 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

5501 of this title and Tables.

The Solar Energy Research, Development, and Demonstration Act,

referred to in text, probably means the Solar Energy Research,

Development, and Demonstration Act of 1974, Pub. L. 93-473, Oct.

26, 1974, 88 Stat. 1431, as amended, which is classified generally

to subchapter II (Sec. 5551 et seq.) of chapter 71 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 5501 of this title and Tables.

The Energy Reorganization Act, referred to in text, probably

means the Energy Reorganization Act of 1974, Pub. L. 93-438, Oct.

11, 1974, 88 Stat. 1233, as amended, which is classified

principally to chapter 73 (Sec. 5801 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 5801 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy Act of

1978 - Civilian Applications, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7136 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7136. Economic Regulatory Administration; appointment of

Administrator; compensation; qualifications; functions

-STATUTE-

(a) There shall be within the Department an Economic Regulatory

Administration to be headed by an Administrator, who shall be

appointed by the President, by and with the advice and consent of

the Senate, and who shall be compensated at a rate provided for

level IV of the Executive Schedule under section 5315 of title 5.

Such Administrator shall be, by demonstrated ability, background,

training, or experience, an individual who is specially qualified

to assess fairly the needs and concerns of all interests affected

by Federal energy policy. The Secretary shall by rule provide for a

separation of regulatory and enforcement functions assigned to, or

vested in, the Administration.

(b) Consistent with the provisions of subchapter IV of this

chapter, the Secretary shall utilize the Economic Regulatory

Administration to administer such functions as he may consider

appropriate.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 206, Aug. 4, 1977, 91 Stat. 574.)

-End-

-CITE-

42 USC Sec. 7137 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7137. Functions of Comptroller General

-STATUTE-

The functions of the Comptroller General of the United States

under section 771 of title 15 shall apply with respect to the

monitoring and evaluation of all functions and activities of the

Department under this chapter or any other Act administered by the

Department.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 207, Aug. 4, 1977, 91 Stat. 574.)

-End-

-CITE-

42 USC Sec. 7138 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7138. Repealed. Pub. L. 100-504, title I, Sec. 102(e)(1)(A),

Oct. 18, 1988, 102 Stat. 2517

-MISC1-

Section, Pub. L. 95-91, title II, Sec. 208, Aug. 4, 1977, 91

Stat. 575; Pub. L. 96-226, title II, Sec. 202, Apr. 3, 1980, 94

Stat. 315; Pub. L. 97-375, title II, Sec. 205, Dec. 21, 1982, 96

Stat. 1823, related to the Office of Inspector General in the

Department of Energy, providing for (a) appointment and

confirmation of Inspector General and Deputy Inspector General,

removal, assistants, and compensation; (b) duties and

responsibilities of Inspector General; (c) semiannual reports to

Secretary and Congress; (d) report on problems, abuses, or

deficiencies relating to administration of Department programs and

operations; (e) additional investigations and reports; (f)

transmittal of reports, information, or documents without clearance

or approval; (g) additional authority of Inspector General; (h)

auditing requirements; (i) avoidance of duplication and

coordination and cooperation with activities of Comptroller

General; and (j) report of violations of Federal criminal law to

Attorney General. See section 9 of Pub. L. 95-452, Inspector

General Act of 1978, as amended, set out in the Appendix to Title

5, Government Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective 180 days after Oct. 18, 1988, see section 113 of

Pub. L. 100-504, set out as an Effective Date of 1988 Amendment

note under section 5 of Pub. L. 95-452 [Inspector General Act of

1978] in the Appendix to Title 5, Government Organization and

Employees.

-End-

-CITE-

42 USC Sec. 7139 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7139. Office of Science; establishment; appointment of

Director; compensation; duties

-STATUTE-

(a) There shall be within the Department an Office of Science to

be headed by a Director, who shall be appointed by the President,

by and with the advice and consent of the Senate, and who shall be

compensated at the rate provided for level IV of the Executive

Schedule under section 5315 of title 5.

(b) It shall be the duty and responsibility of the Director -

(1) to advise the Secretary with respect to the physical

research program transferred to the Department from the Energy

Research and Development Administration;

(2) to monitor the Department's energy research and development

programs in order to advise the Secretary with respect to any

undesirable duplication or gaps in such programs;

(3) to advise the Secretary with respect to the well-being and

management of the multipurpose laboratories under the

jurisdiction of the Department, excluding laboratories that

constitute part of the nuclear weapons complex;

(4) to advise the Secretary with respect to education and

training activities required for effective short- and long-term

basic and applied research activities of the Department;

(5) to advise the Secretary with respect to grants and other

forms of financial assistance required for effective short- and

long-term basic and applied research activities of the

Department; and

(6) to carry out such additional duties assigned to the Office

by the Secretary relating to basic and applied research,

including but not limited to supervision or support of research

activities carried out by any of the Assistant Secretaries

designated by section 7133 of this title, as the Secretary

considers advantageous.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 209, Aug. 4, 1977, 91 Stat. 577;

Pub. L. 105-245, title III, Sec. 309(a), Oct. 7, 1998, 112 Stat.

1853.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-245 substituted "Office of Science" for

"Office of Energy Research" in section catchline and in subsec.

(a).

-End-

-CITE-

42 USC Sec. 7140 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7140. Leasing Liaison Committee; establishment; composition

-STATUTE-

There is established a Leasing Liaison Committee which shall be

composed of an equal number of members appointed by the Secretary

and the Secretary of the Interior.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 210, Aug. 4, 1977, 91 Stat. 577.)

-End-

-CITE-

42 USC Sec. 7141 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7141. Office of Minority Economic Impact

-STATUTE-

(a) Establishment; appointment of Director; compensation

There shall be established within the Department an Office of

Minority Economic Impact. The Office shall be headed by a Director,

who shall be appointed by the President, by and with the advice and

consent of the Senate. The Director shall be compensated at the

rate provided for level IV of the Executive Schedule under section

5315 of title 5.

(b) Advice to Secretary on effect of energy policies, regulations,

and other actions of Department respecting minority participation

in energy programs

The Director shall have the duty and responsibility to advise the

Secretary on the effect of energy policies, regulations, and other

actions of the Department and its components on minorities and

minority business enterprises and on ways to insure that minorities

are afforded an opportunity to participate fully in the energy

programs of the Department.

(c) Research programs respecting effects of national energy

programs, policies, and regulations of Department on minorities

The Director shall conduct an ongoing research program, with the

assistance of the Administrator of the Energy Information

Administration, and such other Federal agencies as the Director

determines appropriate, to determine the effects (including the

socio-economic and environmental effects) of national energy

programs, policies, and regulations of the Department on

minorities. In conducting such program, the Director shall, from

time to time, develop and recommend to the Secretary policies to

assist, where appropriate, such minorities and minority business

enterprises concerning such effects. In addition, the Director

shall, to the greatest extent practicable -

(1) determine the average energy consumption and use patterns

of minorities relative to other population categories;

(2) evaluate the percentage of disposable income spent on

energy by minorities relative to other population categories; and

(3) determines how programs, policies, and actions of the

Department and its components affect such consumption and use

patterns and such income.

(d) Management and technical assistance to minority educational

institutions and business enterprises to foster participation in

research, development, demonstration, and contract activities of

Department

The Director may provide the management any (!1) technical

assistance he considers appropriate to minority educational

institutions and minority business enterprises to enable these

enterprises and institutions to participate in the research,

development, demonstration, and contract activities of the

Department. In carrying out his functions under this section, the

Director may enter into contracts, in accordance with section 7256

of this title and other applicable provisions of law, with any

person, including minority educational institutions, minority

business enterprises, and organizations the primary purpose of

which is to assist the development of minority communities. The

management and technical assistance may include -

(1) a national information clearinghouse which will develop and

disseminate information on the aspects of energy programs to

minority business enterprises, minority educational institutions

and other appropriate minority organizations;

(2) market research, planning economic and business analysis,

and feasibility studies to identify and define economic

opportunities for minorities in energy research, production,

conservation, and development;

(3) technical assistance programs to encourage, promote, and

assist minority business enterprises in establishing and

expanding energy-related business opportunities which are located

in minority communities and that can provide jobs to workers in

such communities; and

(4) programs to assist minority business enterprises in the

commercial application of energy-related technologies.

(e) Loans to minority business enterprises; restriction on use of

funds; interest; deposits into Treasury

(1) The Secretary, acting through the Office, may provide

financial assistance in the form of loans to any minority business

enterprise under such rules as he shall prescribe to assist such

enterprises in participating fully in research, development,

demonstration, and contract activities of the Department to the

extent he considers appropriate. He shall limit the use of

financial assistance to providing funds necessary for such

enterprises to bid for and obtain contracts or other agreements,

and shall limit the amount of the financial assistance to any

recipient to not more than 75 percent of such costs.

(2) The Secretary shall determine the rate of interest on loans

under this section in consultation with the Secretary of the

Treasury.

(3) The Secretary shall deposit into the Treasury as

miscellaneous receipts amounts received in connection with the

repayment and satisfaction of such loans.

(f) Definitions

As used in this section, the term -

(1) "minority" means any individual who is a citizen of the

United States and who is a Negro, Puerto Rican, American Indian,

Eskimo, Oriental, or Aleut or is a Spanish speaking individual of

Spanish descent;

(2) "minority business enterprise" means a firm, corporation,

association, or partnership which is at least 50 percent owned or

controlled by a minority or group of minorities; and

(3) "minority educational institution" means an educational

institution with an enrollment in which a substantial proportion

(as determined by the Secretary) of the students are minorities.

(g) Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry

out the functions of the Office not to exceed $3,000,000 for fiscal

year 1979, not to exceed $5,000,000 for fiscal year 1980, and not

to exceed $6,000,000 for fiscal year 1981. Of the amounts so

appropriated each fiscal year, not less than 50 percent shall be

available for purposes of financial assistance under subsection (e)

of this section.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 211, as added Pub. L. 95-619, title

VI, Sec. 641, Nov. 9, 1978, 92 Stat. 3284.)

-FOOTNOTE-

(!1) So in original. Probably should be "and".

-End-

-CITE-

42 USC Sec. 7142 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7142. National Atomic Museum

-STATUTE-

(a) Recognition and status

The museum operated by the Department of Energy and currently

located at Building 20358 on Wyoming Avenue South near the corner

of M street within the confines of the Kirtland Air Force Base

(East), Albuquerque, New Mexico -

(1) is recognized as the official atomic museum of the United

States;

(2) shall be known as the "National Atomic Museum"; and

(3) shall have the sole right throughout the United States and

its possessions to have and use the name "National Atomic

Museum".

(b) Volunteers

(1) In operating the National Atomic Museum, the Secretary of

Energy may -

(A) recruit, train, and accept the services of individuals

without compensation as volunteers for, or in aid of,

interpretive functions or other services or activities of and

related to the museum; and

(B) provide to volunteers incidental expenses, such as nominal

awards, uniforms, and transportation.

(2) Except as provided in paragraphs (3) and (4), a volunteer who

is not otherwise employed by the Federal Government is not subject

to laws relating to Federal employment, including those relating to

hours of work, rates of compensation, leave, unemployment

compensation, and Federal employee benefits, because of service as

a volunteer under this subsection.

(3) For purposes of chapter 171 of title 28 (relating to tort

claims), a volunteer under this subsection is considered a Federal

employee.

(4) For the purposes of subchapter I of chapter 81 of title 5

(relating to compensation for work-related injuries), a volunteer

under this subsection is considered an employee of the United

States.

(c) Authority

(1) In operating the National Atomic Museum, the Secretary of

Energy may -

(A) accept and use donations of money or gifts pursuant to

section 7262 (!1) of this title, if such gifts or money are

designated in a written document signed by the donor as intended

for the museum, and such donations or gifts are determined by the

Secretary to be suitable and beneficial for use by the museum;

(B) operate a retail outlet on the premises of the museum for

the purpose of selling or distributing mementos, replicas of

memorabilia, literature, materials, and other items of an

informative, educational, and tasteful nature relevant to the

contents of the museum; and

(C) exhibit, perform, display, and publish information and

materials concerning museum mementos, items, memorabilia, and

replicas thereof in any media or place anywhere in the world, at

reasonable fees or charges where feasible and appropriate, to

substantially cover costs.

(2) The net proceeds of activities authorized under subparagraphs

(B) and (C) of paragraph (1) may be used by the National Atomic

Museum for activities of the museum.

-SOURCE-

(Pub. L. 102-190, div. C, title XXXI, Sec. 3137, Dec. 5, 1991, 105

Stat. 1578; Pub. L. 103-35, title II, Sec. 203(b)(4), May 31, 1993,

107 Stat. 102.)

-REFTEXT-

REFERENCES IN TEXT

Section 7262 of this title, referred to in subsec. (c)(1)(A), was

repealed by Pub. L. 104-206, title V, Sec. 502, Sept. 30, 1996, 110

Stat. 3002.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1992 and 1993, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-MISC1-

AMENDMENTS

1993 - Subsec. (c)(1). Pub. L. 103-35 struck out comma after

"Secretary of Energy" in introductory provisions.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7142a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7142a. Designation of American Museum of Science and Energy

-STATUTE-

(a) In general

The Museum -

(1) is designated as the "American Museum of Science and

Energy"; and

(2) shall be the official museum of science and energy of the

United States.

(b) References

Any reference in a law, map, regulation, document, paper, or

other record of the United States to the Museum is deemed to be a

reference to the "American Museum of Science and Energy".

(c) Property of the United States

(1) In general

The name "American Museum of Science and Energy" is declared

the property of the United States.

(2) Use

The Museum shall have the sole right throughout the United

States and its possessions to have and use the name "American

Museum of Science and Energy".

(3) Effect on other rights

This subsection shall not be construed to conflict or interfere

with established or vested rights.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 401], Dec.

21, 2000, 114 Stat. 2763, 2763A-266.)

-COD-

CODIFICATION

Section was enacted as part of the Miscellaneous Appropriations

Act, 2001, and also as part of the Consolidated Appropriations Act,

2001, and not as part of the Department of Energy Organization Act

which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7142d of this title.

-End-

-CITE-

42 USC Sec. 7142b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7142b. Authority

-STATUTE-

To carry out the activities of the Museum, the Secretary may -

(1) accept and dispose of any gift, devise, or bequest of

services or property, real or personal, that is -

(A) designated in a written document by the person making the

gift, devise, or bequest as intended for the Museum; and

(B) determined by the Secretary to be suitable and beneficial

for use by the Museum;

(2) operate a retail outlet on the premises of the Museum for

the purpose of selling or distributing items (including mementos,

food, educational materials, replicas, and literature) that are -

(A) relevant to the contents of the Museum; and

(B) informative, educational, and tasteful;

(3) collect reasonable fees where feasible and appropriate;

(4) exhibit, perform, display, and publish materials and

information of or relating to the Museum in any media or place;

(5) consistent with guidelines approved by the Secretary, lease

space on the premises of the Museum at reasonable rates and for

uses consistent with such guidelines; and

(6) use the proceeds of activities authorized under this

section to pay the costs of the Museum.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 402], Dec.

21, 2000, 114 Stat. 2763, 2763A-267.)

-COD-

CODIFICATION

Section was enacted as part of the Miscellaneous Appropriations

Act, 2001, and also as part of the Consolidated Appropriations Act,

2001, and not as part of the Department of Energy Organization Act

which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7142d of this title.

-End-

-CITE-

42 USC Sec. 7142c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7142c. Museum volunteers

-STATUTE-

(a) Authority to use volunteers

The Secretary may recruit, train, and accept the services of

individuals or entities as volunteers for services or activities

related to the Museum.

(b) Status of volunteers

(1) In general

Except as provided in paragraph (2), service by a volunteer

under subsection (a) of this section shall not be considered

Federal employment.

(2) Exceptions

(A) Federal Tort Claims Act

For purposes of chapter 171 of title 28, a volunteer under

subsection (a) of this section shall be treated as an employee

of the Government (as defined in section 2671 of that title).

(B) Compensation for work injuries

For purposes of subchapter I of chapter 81 of title 5, a

volunteer described in subsection (a) of this section shall be

treated as an employee (as defined in section 8101 of title 5).

(c) Compensation

A volunteer under subsection (a) of this section shall serve

without pay, but may receive nominal awards and reimbursement for

incidental expenses, including expenses for a uniform or

transportation in furtherance of Museum activities.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 403], Dec.

21, 2000, 114 Stat. 2763, 2763A-267.)

-COD-

CODIFICATION

Section was enacted as part of the Miscellaneous Appropriations

Act, 2001, and also as part of the Consolidated Appropriations Act,

2001, and not as part of the Department of Energy Organization Act

which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7142d of this title.

-End-

-CITE-

42 USC Sec. 7142d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7142d. Definitions

-STATUTE-

For purposes of sections 7142a to 7142d of this title:

(1) Museum

The term "Museum" means the museum operated by the Secretary of

Energy and located at 300 South Tulane Avenue in Oak Ridge,

Tennessee.

(2) Secretary

The term "Secretary" means the Secretary of Energy or a

designated representative of the Secretary.

-SOURCE-

(Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 404], Dec.

21, 2000, 114 Stat. 2763, 2763A-268.)

-REFTEXT-

REFERENCES IN TEXT

Sections 7142a to 7142d of this title, referred to in text, was

in the original "this Act", and was translated as reading "this

title", meaning Sec. 1(a)(4) [div. B, title IV] of Pub. L. 106-554,

which enacted sections 7142a to 7142d of this title, to reflect the

probable intent of Congress.

-COD-

CODIFICATION

Section was enacted as part of the Miscellaneous Appropriations

Act, 2001, and also as part of the Consolidated Appropriations Act,

2001, and not as part of the Department of Energy Organization Act

which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7143 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7143. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.

3294(d)(1), Oct. 5, 1999, 113 Stat. 970

-MISC1-

Section, Pub. L. 95-91, title II, Sec. 212, as added Pub. L.

103-337, div. C, title XXXI, Sec. 3158(a), Oct. 5, 1994, 108 Stat.

3093, established the Office of Fissile Materials Disposition.

EFFECTIVE DATE OF REPEAL

Repeal effective Mar. 1, 2000, see section 3299 of Pub. L.

106-65, set out as an Effective Date note under section 2401 of

Title 50, War and National Defense.

-End-

-CITE-

42 USC Sec. 7144 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7144. Establishment of policy for National Nuclear Security

Administration

-STATUTE-

(a) Responsibility for establishing policy

The Secretary shall be responsible for establishing policy for

the National Nuclear Security Administration.

(b) Review of programs and activities

The Secretary may direct officials of the Department who are not

within the National Nuclear Security Administration to review the

programs and activities of the Administration and to make

recommendations to the Secretary regarding administration of those

programs and activities, including consistency with other similar

programs and activities of the Department.

(c) Staff

The Secretary shall have adequate staff to support the Secretary

in carrying out the Secretary's responsibilities under this

section.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 213, as added Pub. L. 106-65, div.

C, title XXXII, Sec. 3203(a), Oct. 5, 1999, 113 Stat. 954.)

-MISC1-

EFFECTIVE DATE

Section effective Mar. 1, 2000, see section 3299 of Pub. L.

106-65, set out as a note under section 2401 of Title 50, War and

National Defense.

-End-

-CITE-

42 USC Sec. 7144a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7144a. Establishment of security, counterintelligence, and

intelligence policies

-STATUTE-

The Secretary shall be responsible for developing and

promulgating the security, counterintelligence, and intelligence

policies of the Department. The Secretary may use the immediate

staff of the Secretary to assist in developing and promulgating

those policies.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 214, as added Pub. L. 106-65, div.

C, title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 955.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 5, 1999, see section 3299 of Pub. L.

106-65, set out as a note under section 2401 of Title 50, War and

National Defense.

-End-

-CITE-

42 USC Sec. 7144b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7144b. Office of Counterintelligence

-STATUTE-

(a) Establishment

There is within the Department an Office of Counterintelligence.

(b) Director

(1) The head of the Office shall be the Director of the Office of

Counterintelligence, which shall be a position in the Senior

Executive Service. The Director of the Office shall report directly

to the Secretary.

(2) The Secretary shall select the Director of the Office from

among individuals who have substantial expertise in matters

relating to counterintelligence.

(3) The Director of the Federal Bureau of Investigation may

detail, on a reimbursable basis, any employee of the Bureau to the

Department for service as Director of the Office. The service of an

employee of the Bureau as Director of the Office shall not result

in any loss of status, right, or privilege by the employee within

the Bureau.

(c) Duties

(1) The Director of the Office shall be responsible for

establishing policy for counterintelligence programs and activities

at Department facilities in order to reduce the threat of

disclosure or loss of classified and other sensitive information at

such facilities.

(2) The Director of the Office shall be responsible for

establishing policy for the personnel assurance programs of the

Department.

(3) The Director shall inform the Secretary, the Director of

Central Intelligence, and the Director of the Federal Bureau of

Investigation on a regular basis, and upon specific request by any

such official, regarding the status and effectiveness of the

counterintelligence programs and activities at Department

facilities.

(d) Annual reports

(1) Not later than March 1 each year, the Director of the Office

shall submit a report on the status and effectiveness of the

counterintelligence programs and activities at each Department

facility during the preceding year. Each such report shall be

submitted to the following:

(A) The Secretary.

(B) The Director of Central Intelligence.

(C) The Director of the Federal Bureau of Investigation.

(D) The Committee on Armed Services and the Permanent Select

Committee on Intelligence of the House of Representatives.

(E) The Committee on Armed Services and the Select Committee on

Intelligence of the Senate.

(2) Each such report shall include for the year covered by the

report the following:

(A) A description of the status and effectiveness of the

counterintelligence programs and activities at Department

facilities.

(B) A description of any violation of law or other requirement

relating to intelligence, counterintelligence, or security at

such facilities, including -

(i) the number of violations that were investigated; and

(ii) the number of violations that remain unresolved.

(C) A description of the number of foreign visitors to

Department facilities, including the locations of the visits of

such visitors.

(D) The adequacy of the Department's procedures and policies

for protecting national security information, making such

recommendations to Congress as may be appropriate.

(E) A determination of whether each Department of Energy

national laboratory is in full compliance with all departmental

security requirements and, in the case of any such laboratory

that is not, what measures are being taken to bring that

laboratory into compliance.

(3) Not less than 30 days before the date that the report

required by paragraph (1) is submitted, the director of each

Department of Energy national laboratory shall certify in writing

to the Director of the Office whether that laboratory is in full

compliance with all departmental security requirements and, if not,

what measures are being taken to bring that laboratory into

compliance and a schedule for implementing those measures.

(4) Each report under this subsection as submitted to the

committees referred to in subparagraphs (D) and (E) of paragraph

(1) shall be submitted in unclassified form, but may include a

classified annex.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 215, as added Pub. L. 106-65, div.

C, title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 955.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 5, 1999, see section 3299 of Pub. L.

106-65, set out as a note under section 2401 of Title 50, War and

National Defense.

-End-

-CITE-

42 USC Sec. 7144c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7144c. Office of Intelligence

-STATUTE-

(a) Establishment

There is within the Department an Office of Intelligence.

(b) Director

(1) The head of the Office shall be the Director of the Office of

Intelligence, which shall be a position in the Senior Executive

Service. The Director of the Office shall report directly to the

Secretary.

(2) The Secretary shall select the Director of the Office from

among individuals who have substantial expertise in matters

relating to foreign intelligence.

(c) Duties

Subject to the authority, direction, and control of the

Secretary, the Director of the Office shall perform such duties and

exercise such powers as the Secretary may prescribe.

-SOURCE-

(Pub. L. 95-91, title II, Sec. 216, as added Pub. L. 106-65, div.

C, title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 956.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 5, 1999, see section 3299 of Pub. L.

106-65, set out as a note under section 2401 of Title 50, War and

National Defense.

-End-

-CITE-

42 USC Sec. 7144d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-

Sec. 7144d. Office of Arctic Energy

-STATUTE-

(a) Establishment

The Secretary of Energy may establish within the Department of

Energy an Office of Arctic Energy.

(b) Purposes

The purposes of such office shall be as follows:

(1) To promote research, development, and deployment of

electric power technology that is cost-effective and especially

well suited to meet the needs of rural and remote regions of the

United States, especially where permafrost is present or located

nearby.

(2) To promote research, development, and deployment in such

regions of -

(A) enhanced oil recovery technology, including heavy oil

recovery, reinjection of carbon, and extended reach drilling

technologies;

(B) gas-to-liquids technology and liquified natural gas

(including associated transportation systems);

(C) small hydroelectric facilities, river turbines, and tidal

power;

(D) natural gas hydrates, coal bed methane, and shallow bed

natural gas; and

(E) alternative energy, including wind, geothermal, and fuel

cells.

(c) Location

The Secretary shall locate such office at a university with

expertise and experience in the matters specified in subsection (b)

of this section.

-SOURCE-

(Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3197], Oct. 30,

2000, 114 Stat. 1654, 1654A-482.)

-COD-

CODIFICATION

Section was enacted as part of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001, and not as part of

the Department of Energy Organization Act which comprises this

chapter.

-End-

-CITE-

42 USC SUBCHAPTER III - TRANSFERS OF FUNCTIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 7301 of this title.

-End-

-CITE-

42 USC Sec. 7151 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7151. General transfers

-STATUTE-

(a) Except as otherwise provided in this chapter, there are

transferred to, and vested in, the Secretary all of the functions

vested by law in the Administrator of the Federal Energy

Administration or the Federal Energy Administration, the

Administrator of the Energy Research and Development Administration

or the Energy Research and Development Administration; and the

functions vested by law in the officers and components of either

such Administration.

(b) Except as provided in subchapter IV of this chapter, there

are transferred to, and vested in, the Secretary the function of

the Federal Power Commission, or of the members, officers, or

components thereof. The Secretary may exercise any power described

in section 7172(a)(2) of this title to the extent the Secretary

determines such power to be necessary to the exercise of any

function within his jurisdiction pursuant to the preceding

sentence.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 301, Aug. 4, 1977, 91 Stat. 577.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as

amended, known as the Department of Energy Organization Act, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of this title and Tables.

-TRANS-

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the

Secretary of Energy, see Parts 1, 2, and 7 of Ex. Ord. No. 12656,

Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195

of this title.

-EXEC-

EX. ORD. NO. 12038. TRANSFER OF CERTAIN FUNCTIONS TO SECRETARY OF

ENERGY

Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, as amended by Ex.

Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073, provided:

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. In

accordance with the transfer of all functions vested by law in the

Federal Energy Administration, or the Administrator thereof, to the

Secretary of Energy pursuant to Section 301(a) of the Department of

Energy Organization Act [subsec. (a) of this section], hereinafter

referred to as the Act, the Executive Orders and Proclamations

referred to in this Section, which conferred authority or

responsibility upon the Administrator of the Federal Energy

Administration, are amended as follows:

(a) Executive Order No. 11647, as amended [formerly set out as a

note under 31 U.S.C. 501], relating to Federal Regional Councils,

is further amended by deleting "The Federal Energy Administration"

in Section 1(a)(10) and substituting "The Department of Energy",

and by deleting "The Deputy Administrator of the Federal Energy

Administration" in Section 3(a)(10) and substituting "The Deputy

Secretary of Energy".

(b) Executive Order No. 11790 of June 25, 1974 [set out as a note

under 15 U.S.C. 761], relating to the Federal Energy Administration

Act of 1974, is amended by deleting "Administrator of the Federal

Energy Administration" and "Administrator" wherever they appear in

Sections 1 through 6 and substituting "Secretary of Energy" and

"Secretary", respectively, and by deleting Section 7 through 10.

(c) Executive Order No. 11912, as amended [set out as a note

under 42 U.S.C. 6201], relating to energy policy and conservation,

and Proclamation No. 3279, as amended [set out as a note under 19

U.S.C. 1862], relating to imports of petroleum and petroleum

products, are further amended by deleting "Administrator of the

Federal Energy Administration", "Federal Energy Administration",

and "Administrator" (when used in reference to the Federal Energy

Administration) wherever those terms appear and by substituting

"Secretary of Energy", "Department of Energy", and "Secretary",

respectively, and by deleting "the Administrator of Energy Research

and Development" in Section 10(a)(1) of Executive Order No. 11912,

as amended.

Sec. 2. Functions of the Federal Power Commission. In accordance

with the transfer of functions vested in the Federal Power

Commission to the Secretary of Energy pursuant to Section 301(b) of

the Act [subsec. (b) of this section], the Executive Orders

referred to in this Section, which conferred authority or

responsibility upon the Federal Power Commission, or Chairman

thereof, are amended or modified as follows:

(a) Executive Order No. 10485 of September 3, 1953, [set out as a

note under 15 U.S.C. 717b], relating to certain facilities at the

borders of the United States is amended by deleting Section 2

thereof, and by deleting "Federal Power Commission" and

"Commission" wherever those terms appear in Sections 1, 3 and 4 of

such Order and substituting for each "Secretary of Energy".

(b) Executive Order No. 11969 of February 2, 1977 [formerly set

out as a note under 15 U.S.C. 717], relating to the administration

of the Emergency Natural Gas Act of 1977 [formerly set out as a

note under 15 U.S.C. 717], is hereby amended by deleting the second

sentence in Section 1, by deleting "the Secretary of the Interior,

the Administrator of the Federal Energy Administration, other

members of the Federal Power Commission and in Section 2, and by

deleting "Chairman of the Federal Power Commission" and "Chairman"

wherever those terms appear and substituting therefor "Secretary of

Energy" and "Secretary", respectively.

(c) Paragraph (2) of Section 3 of Executive Order No. 11331, as

amended [formerly set out as a note under 42 U.S.C. 1962b],

relating to the Pacific Northwest River Basins Commission, is

hereby amended by deleting "from each of the following Federal

departments and agencies" and substituting therefor "to be

appointed by the head of each of the following Executive agencies",

by deleting "Federal Power Commission" and substituting therefor

"Department of Energy", and by deleting "such member to be

appointed by the head of each department or independent agency he

represents,".

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

with the transfer of certain functions vested in the Secretary of

the Interior to the Secretary of Energy pursuant to Section 302 of

the Act [42 U.S.C. 7152], the Executive Orders referred to in this

Section, which conferred authority or responsibility on the

Secretary of the Interior, are amended or modified as follows:

(a) Sections 1 and 4 of Executive Order No. 8526 of August 27,

1940, relating to functions of the Bonneville Power Administration,

are hereby amended by substituting "Secretary of Energy" for

"Secretary of the Interior", by adding "of the Interior" after

"Secretary" in Sections 2 and 3, and by adding "and the Secretary

of Energy," after "the Secretary of the Interior" wherever the

latter term appears in Section 5.

(b) Executive Order No. 11177 of September 16, 1964, relating to

the Columbia River Treaty, is amended by deleting "Secretary of the

Interior" and "Department of the Interior" wherever those terms

appear and substituting therefor "Secretary of Energy" and

"Department of Energy", respectively.

Sec. 4. Functions of the Atomic Energy Commission and the Energy

Research and Development Administration.

(a) In accordance with the transfer of all functions vested by

law in the Administrator of Energy Research and Development to the

Secretary of Energy pursuant to Section 301(a) of the Act [subsec.

(a) of this section] the Executive Orders referred to in this

Section are amended or modified as follows:

(1) All current Executive Orders which refer to functions of the

Atomic Energy Commission, including Executive Order No. 10127, as

amended; Executive Order No. 10865, as amended [set out as a note

under 50 U.S.C. 435]; Executive Order No. 10899 of December 9, 1960

[set out as a note under 42 U.S.C. 2162]; Executive Order No. 11057

of December 18, 1962 [set out as a note under 42 U.S.C. 2162];

Executive Order No. 11477 of August 7, 1969 [set out as a note

under 42 U.S.C. 2187]; Executive Order No. 11752 of December 17,

1973 [formerly set out as a note under 42 U.S.C. 4331]; and

Executive Order No. 11761 of January 17, 1974 [formerly set out as

a note under 20 U.S.C. 1221]; are modified to provide that all such

functions shall be exercised by (1) the Secretary of Energy to the

extent consistent with the functions of the Atomic Energy

Commission that were transferred to the Administrator of Energy

Research and Development pursuant to the Energy Organization Act of

1974 (Public Law 93-438; 88 Stat. 1233) [42 U.S.C. 5801 et seq.],

and (2) the Nuclear Regulatory Commission to the extent consistent

with the functions of the Atomic Energy Commission that were

transferred to the Commission by the Energy Reorganization Act of

1974 [42 U.S.C. 5801 et seq.].

(2) Executive Order No. 11652, as amended [formerly set out as a

note under 50 U.S.C. 435], relating to the classification of

national security matters, is further amended by substituting

"Department of Energy" for "Energy Research and Development

Administration" in Sections 2(A), 7(A) and 8 and by deleting

"Federal Power Commission" in Section 2(B)(3).

(3) Executive Order No. 11902 of February 2, 1976 [formerly set

out as a note under 42 U.S.C. 5841], relating to export licensing

policy for nuclear materials and equipment, is amended by

substituting "the Secretary of Energy" for "the Administrator of

the United States Energy Research and Development Administration,

hereinafter referred to as the Administrator" in Section 1(b) and

for the "Administrator" in Sections 2 and 3.

(4) Executive Order No. 11905, as amended, [formerly set out as a

note under 50 U.S.C. 401], relating to foreign intelligence

activities, is further amended by deleting "Energy Research and

Development Administration", "Administrator or the Energy Research

and Development Administration", and "ERDA" wherever those terms

appear and substituting "Department of Energy", "Secretary of

Energy", and "DOE" respectively.

(5) Section 3(2) of each of the following Executive Orders is

amended by substituting "Department of Energy" for "Energy Research

and Development Administration":

(i) Executive Order No. 11345, as amended [formerly set out as a

note under 42 U.S.C. 1962b], establishing the Great Lakes River

Basin Commission.

(ii) Executive Order No. 11371, as amended [formerly set out as a

note under 42 U.S.C. 1962b], establishing the New England River

Basin Commission.

(iii) Executive Order No. 11578, as amended [formerly set out as

a note under 42 U.S.C. 1962b], establishing the Ohio River Basin

Commission.

(iv) Executive Order No. 11658, as amended [formerly set out as a

note under 42 U.S.C. 1962b], establishing the Missouri River Basin

Commission.

(v) Executive Order No. 11659, as amended [formerly set out as a

note under 42 U.S.C. 1962b], establishing the Mississippi River

Basin Commission.

Sec. 5. Special Provisions Relating to Emergency Preparedness and

Mobilization Functions.

(a) Executive Order No. 10480, as amended [formerly set out as a

note under 50 App. U.S.C. 2153], is further amended by adding

thereto the following new Sections:

"Sec. 609. Effective October 1, 1977, the Secretary of Energy

shall exercise all authority and discharge all responsibility

herein delegated to or conferred upon (a) the Atomic Energy

Commission, and (b) with respect to petroleum, gas, solid fuels and

electric power, upon the Secretary of the Interior.

"Sec. 610. Whenever the Administrator of General Services

believes that the functions of an Executive agency have been

modified pursuant to law in such manner as to require the amendment

of any Executive order which relates to the assignment of emergency

preparedness functions or the administration of mobilization

programs, he shall promptly submit any proposals for the amendment

of such Executive orders to the Director of the Office of

Management and Budget in accordance with the provisions of

Executive Order No. 11030, as amended [set out as a note under 44

U.S.C. 1505].

(b) Executive Order No. 11490, as amended [formerly set out as a

note under 50 App. U.S.C. 2251], is further amended by adding

thereto the following new section:

"Sec. 3016. Effective October 1, 1977, the Secretary of Energy

shall exercise all authority and discharge all responsibility

herein delegated to or conferred upon (a) the Federal Power

Commission, (b) the Energy Research and Development Administration,

and (c) with respect to electric power, petroleum, gas and solid

fuels, upon the Department of the Interior.".

Sec. 6. This Order shall be effective as of October 1, 1977, the

effective date of the Department of Energy Organization Act [this

chapter] pursuant to the provisions of section 901 [42 U.S.C. 7341]

thereof and Executive Order No. 12009 of September 13, 1977

[formerly set out as a note under 42 U.S.C. 7341], 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.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7159, 7174 of this title;

title 15 section 3418; title 16 section 824a-4.

-End-

-CITE-

42 USC Sec. 7151a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7151a. Jurisdiction over matters transferred from Energy

Research and Development Administration

-STATUTE-

Notwithstanding any other provision of law, jurisdiction over

matters transferred to the Department of Energy from the Energy

Research and Development Administration which on the effective date

of such transfer were required by law, regulation, or

administrative order to be made on the record after an opportunity

for an agency hearing may be assigned to the Federal Energy

Regulatory Commission or retained by the Secretary at his

discretion.

-SOURCE-

(Pub. L. 95-238, title I, Sec. 104(a), Feb. 25, 1978, 92 Stat. 53.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy Act of

1978 - Civilian Applications, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7152 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7152. Transfers from Department of the Interior

-STATUTE-

(a) Functions relating to electric power

(1) There are transferred to, and vested in, the Secretary all

functions of the Secretary of the Interior under section 825s of

title 16, and all other functions of the Secretary of the Interior,

and officers and components of the Department of the Interior, with

respect to -

(A) the Southeastern Power Administration;

(B) the Southwestern Power Administration;

(C) the Bonneville Power Administration including but not

limited to the authority contained in the Bonneville Project Act

of 1937 [16 U.S.C. 832 et seq.] and the Federal Columbia River

Transmission System Act [16 U.S.C. 838 et seq.];

(D) the power marketing functions of the Bureau of Reclamation,

including the construction, operation, and maintenance of

transmission lines and attendant facilities; and

(E) the transmission and disposition of the electric power and

energy generated at Falcon Dam and Amistad Dam, international

storage reservoir projects on the Rio Grande, pursuant to the Act

of June 18, 1954, as amended by the Act of December 23, 1963.

(2) The Southeastern Power Administration, the Southwestern Power

Administration, and the Bonneville Power Administration,(!1) shall

be preserved as separate and distinct organizational entities

within the Department. Each such entity shall be headed by an

Administrator appointed by the Secretary. The functions transferred

to the Secretary in paragraphs (1)(A), (1)(B), (1)(C), and (1)(D)

shall be exercised by the Secretary, acting by and through such

Administrators. Each such Administrator shall maintain his

principal office at a place located in the region served by his

respective Federal power marketing entity.

(3) The functions transferred in paragraphs (1)(E) and (1)(F)

(!2) of this subsection shall be exercised by the Secretary, acting

by and through a separate and distinct Administration within the

Department which shall be headed by an Administrator appointed by

the Secretary. The Administrator shall establish and shall maintain

such regional offices as necessary to facilitate the performance of

such functions. Neither the transfer of functions effected by

paragraph (1)(E) of this subsection nor any changes in cost

allocation or project evaluation standards shall be deemed to

authorize the reallocation of joint costs of multipurpose

facilities theretofore allocated unless and to the extent that such

change is hereafter approved by Congress.

(b), (c) Repealed. Pub. L. 97-100, title II, Sec. 201, Dec. 23,

1981, 95 Stat. 1407

(d) Functions of Bureau of Mines

There are transferred to, and vested in, the Secretary those

functions of the Secretary of the Interior, the Department of the

Interior, and officers and components of that Department under the

Act of May 15, 1910, and other authorities, exercised by the Bureau

of Mines, but limited to -

(1) fuel supply and demand analysis and data gathering;

(2) research and development relating to increased efficiency

of production technology of solid fuel minerals, other than

research relating to mine health and safety and research relating

to the environmental and leasing consequences of solid fuel

mining (which shall remain in the Department of the Interior);

and

(3) coal preparation and analysis.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 302, Aug. 4, 1977, 91 Stat. 578;

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407;

Pub. L. 104-58, title I, Sec. 104(h), Nov. 28, 1995, 109 Stat.

560.)

-REFTEXT-

REFERENCES IN TEXT

The Bonneville Project Act of 1937, referred to in subsec.

(a)(1)(C), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended,

which is classified generally to chapter 12B (Sec. 832 et seq.) of

Title 16, Conservation. For complete classification of this Act to

the Code, see Short Title note set out under section 832 of Title

16 and Tables.

The Federal Columbia River Transmission System Act, referred to

in subsec. (a)(1)(C), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat.

1376, as amended, which is classified generally to chapter 12G

(Sec. 838 et seq.) of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 838 of Title 16 and Tables.

Act of June 18, 1954, as amended by the Act of December 23, 1963,

referred to in subsec. (a)(1)(E), is act June 18, 1954, ch. 310, 68

Stat. 255, which was not classified to the Code.

Paragraphs (1)(E) and (1)(F) of this subsection, referred to in

subsec. (a)(3), were redesignated as pars. (1)(D) and (1)(E) of

this subsection, respectively, by Pub. L. 104-58, title I, Sec.

104(h)(1)(B), Nov. 28, 1995, 109 Stat. 560.

Act of May 15, 1910, referred to in subsec. (d), as amended,

probably means act May 16, 1910, ch. 240, 36 Stat. 369, which is

classified to sections 1, 3, and 5 to 7 of Title 30, Mineral Lands

and Mining. For complete classification of this Act to the Code,

see Tables.

-MISC1-

AMENDMENTS

1995 - Subsec. (a)(1)(C) to (F). Pub. L. 104-58, Sec. 104(h)(1),

redesignated subpars. (D) to (F) as (C) to (E), respectively, and

struck out former subpar. (C) which read as follows: "the Alaska

Power Administration;".

Subsec. (a)(2). Pub. L. 104-58, Sec. 104(h)(2), inserted "and"

after "Southwestern Power Administration," and struck out "and the

Alaska Power Administration" after "Bonneville Power

Administration,".

1981 - Subsecs. (b), (c). Pub. L. 97-100 struck out subsecs. (b)

and (c) which related, respectively, to the functions of the

Secretary of Energy to promulgate regulations under certain

provisions of the Outer Continental Shelf Lands Act, the Mineral

Lands Leasing Act, the Mineral Leasing Act for Acquired Lands, the

Geothermal Steam Act of 1970, and the Energy Policy and

Conservation Act and to the functions of establishing production

rates for all Federal leases.

-CHANGE-

CHANGE OF NAME

Bureau of Mines redesignated United States Bureau of Mines by

section 10(b) of Pub. L. 102-285, set out as a note under section 1

of Title 30, Mineral Lands and Mining.

-MISC2-

EFFECTIVE DATE OF 1995 AMENDMENT

For effective date of amendment by Pub. L. 104-58, see section

104(h) of Pub. L. 104-58, set out below.

ALASKA POWER ADMINISTRATION ASSET SALE AND TERMINATION

Title I of Pub. L. 104-58 provided that:

"SEC. 101. SHORT TITLE.

"This title may be cited as the 'Alaska Power Administration

Asset Sale and Termination Act'.

"SEC. 102. DEFINITIONS.

"For purposes of this title:

"(1) The term 'Eklutna' means the Eklutna Hydroelectric Project

and related assets as described in section 4 and Exhibit A of the

Eklutna Purchase Agreement.

"(2) The term 'Eklutna Purchase Agreement' means the August 2,

1989, Eklutna Purchase Agreement between the Alaska Power

Administration of the Department of Energy and the Eklutna

Purchasers, together with any amendments thereto adopted before

the enactment of this section [Nov. 28, 1995].

"(3) The term 'Eklutna Purchasers' means the Municipality of

Anchorage doing business as Municipal Light and Power, the

Chugach Electric Association, Inc. and the Matanuska Electric

Association, Inc.

"(4) The term 'Snettisham' means the Snettisham Hydroelectric

Project and related assets as described in section 4 and Exhibit

A of the Snettisham Purchase Agreement.

"(5) The term 'Snettisham Purchase Agreement' means the

February 10, 1989, Snettisham Purchase Agreement between the

Alaska Power Administration of the Department of Energy and the

Alaska Power Authority and its successors in interest, together

with any amendments thereto adopted before the enactment of this

section.

"(6) The term 'Snettisham Purchaser' means the Alaska

Industrial Development and Export Authority or a successor State

agency or authority.

"SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.

"(a) Sale of Eklutna. - The Secretary of Energy is authorized and

directed to sell Eklutna to the Eklutna Purchasers in accordance

with the terms of this Act and the Eklutna Purchase Agreement.

"(b) Sale of Snettisham. - The Secretary of Energy is authorized

and directed to sell Snettisham to the Snettisham Purchaser in

accordance with the terms of this Act and the Snettisham Purchase

Agreement.

"(c) Cooperation of Other Agencies. - The heads of other Federal

departments, agencies, and instrumentalities of the United States

shall assist the Secretary of Energy in implementing the sales and

conveyances authorized and directed by this title.

"(d) Proceeds. - Proceeds from the sales required by this title

shall be deposited in the Treasury of the United States to the

credit of miscellaneous receipts.

"(e) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to prepare, survey,

and acquire Eklutna and Snettisham for sale and conveyance. Such

preparations and acquisitions shall provide sufficient title to

ensure the beneficial use, enjoyment, and occupancy by the

purchasers.

"(f) Contributed Funds. - Notwithstanding any other provision of

law, the Alaska Power Administration is authorized to receive,

administer, and expend such contributed funds as may be provided by

the Eklutna Purchasers or customers or the Snettisham Purchaser or

customers for the purposes of upgrading, improving, maintaining, or

administering Eklutna or Snettisham. Upon the termination of the

Alaska Power Administration under section 104(f), the Secretary of

Energy shall administer and expend any remaining balances of such

contributed funds for the purposes intended by the contributors.

"SEC. 104. EXEMPTION AND OTHER PROVISIONS.

"(a) Federal Power Act. - (1) After the sales authorized by this

Act occur, Eklutna and Snettisham, including future modifications,

shall continue to be exempt from the requirements of Part I of the

Federal Power Act (16 U.S.C. 791a et seq.), except as provided in

subsection (b).

"(2) The exemption provided by paragraph (1) shall not affect the

Memorandum of Agreement entered into among the State of Alaska, the

Eklutna Purchasers, the Alaska Energy Authority, and Federal fish

and wildlife agencies regarding the protection, mitigation of,

damages to, and enhancement of fish and wildlife, dated August 7,

1991, which remains in full force and effect.

"(3) Nothing in this title or the Federal Power Act preempts the

State of Alaska from carrying out the responsibilities and

authorities of the Memorandum of Agreement.

"(b) Subsequent Transfers. - Except for subsequent assignment of

interest in Eklutna by the Eklutna Purchasers to the Alaska

Electric Generation and Transmission Cooperative Inc. pursuant to

section 19 of the Eklutna Purchase Agreement, upon any subsequent

sale or transfer of any portion of Eklutna or Snettisham from the

Eklutna Purchasers or the Snettisham Purchaser to any other person,

the exemption set forth in paragraph (1) of subsection (a) of this

section shall cease to apply to such portion.

"(c) Review. - (1) The United States District Court for the

District of Alaska shall have jurisdiction to review decisions made

under the Memorandum of Agreement and to enforce the provisions of

the Memorandum of Agreement, including the remedy of specific

performance.

"(2) An action seeking review of a Fish and Wildlife Program

('Program') of the Governor of Alaska under the Memorandum of

Agreement or challenging actions of any of the parties to the

Memorandum of Agreement prior to the adoption of the Program shall

be brought not later than 90 days after the date on which the

Program is adopted by the Governor of Alaska, or be barred.

"(3) An action seeking review of implementation of the Program

shall be brought not later than 90 days after the challenged act

implementing the Program, or be barred.

"(d) Eklutna Lands. - With respect to Eklutna lands described in

Exhibit A of the Eklutna Purchase Agreement:

"(1) The Secretary of the Interior shall issue rights-of-way to

the Alaska Power Administration for subsequent reassignment to

the Eklutna Purchasers -

"(A) at no cost to the Eklutna Purchasers;

"(B) to remain effective for a period equal to the life of

Eklutna as extended by improvements, repairs, renewals, or

replacements; and

"(C) sufficient for the operation of, maintenance of, repair

to, and replacement of, and access to, Eklutna facilities

located on military lands and lands managed by the Bureau of

Land Management, including lands selected by the State of

Alaska.

"(2) Fee title to lands at Anchorage Substation shall be

transferred to Eklutna Purchasers at no additional cost if the

Secretary of the Interior determines that pending claims to, and

selections of, those lands are invalid or relinquished.

"(3) With respect to the Eklutna lands identified in paragraph

1 of Exhibit A of the Eklutna Purchase Agreement, the State of

Alaska may select, and the Secretary of the Interior shall convey

to the State, improved lands under the selection entitlements in

section 6 of the Act of July 7, 1958 (commonly referred to as the

Alaska Statehood Act, Public Law 85-508; 72 Stat. 339) [set out

as a note preceding section 21 of Title 48, Territories and

Insular Possessions], and the North Anchorage Land Agreement

dated January 31, 1983. This conveyance shall be subject to the

rights-of-way provided to the Eklutna Purchasers under paragraph

(1).

"(e) Snettisham Lands. - With respect to the Snettisham lands

identified in paragraph 1 of Exhibit A of the Snettisham Purchase

Agreement and Public Land Order No. 5108, the State of Alaska may

select, and the Secretary of the Interior shall convey to the State

of Alaska, improved lands under the selection entitlements in

section 6 of the Act of July 7, 1958 (commonly referred to as the

Alaska Statehood Act, Public Law 85-508; 72 Stat. 339).

"(f) Termination of Alaska Power Administration. - Not later than

one year after both of the sales authorized in section 103 have

occurred, as measured by the Transaction Dates stipulated in the

Purchase Agreements, the Secretary of Energy shall -

"(1) complete the business of, and close out, the Alaska Power

Administration;

"(2) submit to Congress a report documenting the sales; and

"(3) return unobligated balances of funds appropriated for the

Alaska Power Administration to the Treasury of the United States.

"(g) Repeals. - (1) The Act of July 31, 1950 (64 Stat. 382)

[enacting sections 312 to 312d of Title 48, Territories and Insular

Possessions, and provisions formerly set out as a note under

section 312 of Title 48] is repealed effective on the date that

Eklutna is conveyed to the Eklutna Purchasers [ownership of Eklutna

project transferred Oct. 2, 1997].

"(2) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193)

is repealed effective on the date that Snettisham is conveyed to

the Snettisham Purchaser [purchase of Snettisham project completed

Aug. 19, 1998].

"(3) The Act of August 9, 1955 [enacting sections 1962d-12 to

1962d-14 of this title], concerning water resources investigation

in Alaska (69 Stat. 618), is repealed.

"(h) DOE Organization Act. - As of the later of the two dates

determined in paragraphs (1) and (2) of subsection (g), section

302(a) of the Department of Energy Organization Act (42 U.S.C.

7152(a)) is amended -

"(1) in paragraph (1) -

"(A) by striking subparagraph (C); and

"(B) by redesignating subparagraphs (D), (E), and (F) as

subparagraphs (C), (D), and (E) respectively; and

"(2) in paragraph (2) by striking out 'and the Alaska Power

Administration' and by inserting 'and' after 'Southwestern Power

Administration,'.

"(i) Disposal. - The sales of Eklutna and Snettisham under this

title are not considered disposal of Federal surplus property under

the Federal Property and Administrative Services Act of 1949 [now

chapters 1 to 11 of Title 40, Public Buildings, Property, and

Works, and title III of the Act of June 30, 1949 (41 U.S.C. 251 et

seq.)] (40 U.S.C. 484) [now 40 U.S.C. 541-555] or the Act of

October 3, 1944, popularly referred to as the 'Surplus Property Act

of 1944' (50 U.S.C. App. 1622).

"SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.

"The provisions of this title regarding the sale of the Alaska

Power Administration's hydroelectric projects under section 103 and

the exemption of these projects from Part I of the Federal Power

Act [16 U.S.C. 791a et seq.] under section 104 do not apply to

other Federal hydroelectric projects."

USE OF FUNDS TO STUDY NONCOST-BASED METHODS OF PRICING

HYDROELECTRIC POWER

Pub. L. 102-377, title V, Sec. 505, Oct. 2, 1992, 106 Stat. 1343,

provided that: "Notwithstanding any other provision of this Act,

subsequent Energy and Water Development Appropriations Acts or any

other provision of law hereafter, none of the funds made available

under this Act, subsequent Energy and Water Development

Appropriations Acts or any other law hereafter shall be used for

the purposes of conducting any studies relating or leading to the

possibility of changing from the currently required 'at cost' to a

'market rate' or any other noncost-based method for the pricing of

hydroelectric power by the six Federal public power authorities, or

other agencies or authorities of the Federal Government, except as

may be specifically authorized by Act of Congress hereafter

enacted."

TRANSFERS TO SECRETARY OF THE INTERIOR OF CERTAIN FOSSIL ENERGY

RESEARCH AND DEVELOPMENT AUTHORITIES

Pub. L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 841,

provided: "That there are transferred to, and vested in, the

Secretary of the Interior all functions vested in, or delegated to,

the Secretary of Energy and the Department of Energy under or with

respect to (1) the Act of May 16, 1910 [30 U.S.C. 1, 3, 5-7], and

other authorities formerly exercised by the Bureau of Mines [now

United States Bureau of Mines], but limited to research and

development relating to increased efficiency of production

technology of solid fuel minerals; (2) section 908 of the Surface

Mining Control and Reclamation Act of 1977, relating to research

and development concerning alternative coal mining technologies (30

U.S.C. 1328); (3) sections 5(g)(2), 8(a)(4), 8(a)(9), 27(b)(2)(3)

of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(g)(2) and

1337(a)(4) and 1337(a)(9) [and 1353(b)(2) and (3)]); and (4)

section 105 of the Energy Policy and Conservation Act (42 U.S.C.

6213): Provided further, That the personnel employed, personnel

positions, equipment, facilities, and unexpended balances of the

aforementioned transferred programs shall be merged with the 'Mines

and minerals' account of the Bureau of Mines."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7153 of this title; title

16 section 839f; title 33 section 2213.

-FOOTNOTE-

(!1) So in original. The comma probably should not appear.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7153 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7153. Administration of leasing transfers

-STATUTE-

(a) Authority retained by Secretary of the Interior

The Secretary of the Interior shall retain any authorities not

transferred under section 7152(b) (!1) of this title and shall be

solely responsible for the issuance and supervision of Federal

leases and the enforcement of all regulations applicable to the

leasing of mineral resources, including but not limited to lease

terms and conditions and production rates. No regulation

promulgated by the Secretary shall restrict or limit any authority

retained by the Secretary of the Interior under section 7152(b)

(!1) of this title with respect to the issuance or supervision of

Federal leases. Nothing in section 7152(b) (!1) of this title shall

be construed to affect Indian lands and resources or to transfer

any functions of the Secretary of the Interior concerning such

lands and resources.

(b) Consultation with Secretary of the Interior with respect to

promulgation of regulations

In exercising the authority under section 7152(b) (!1) of this

title to promulgate regulations, the Secretary shall consult with

the Secretary of the Interior during the preparation of such

regulations and shall afford the Secretary of the Interior not less

than thirty days, prior to the date on which the Department first

publishes or otherwise prescribes regulations, to comment on the

content and effect of such regulations.

(c) Repealed. Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95

Stat. 1407

(d) Preparation of environmental impact statement

The Department of the Interior shall be the lead agency for the

purpose of preparation of an environmental impact statement

required by section 4332(2)(C) of this title for any action with

respect to the Federal leases taken under the authority of this

section, unless the action involves only matters within the

exclusive authority of the Secretary.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 303, Aug. 4, 1977, 91 Stat. 579;

Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407.)

-REFTEXT-

REFERENCES IN TEXT

Section 7152(b) of this title, referred to in subsecs. (a) and

(b), was repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23,

1981, 95 Stat. 1407.

-MISC1-

AMENDMENTS

1981 - Subsec. (c). Pub. L. 97-100 struck out subsec. (c) which

afforded the Secretary of Energy the opportunity to disapprove any

terms and conditions on which the Secretary of the Interior

proposed to issue a Federal lease.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7154 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7154. Transfers from Department of Housing and Urban

Development

-STATUTE-

(a) There is transferred to, and vested in, the Secretary the

functions vested in the Secretary of Housing and Urban Development

pursuant to section 304 of the Energy Conservation Standards for

New Buildings Act of 1976 [42 U.S.C. 6833], to develop and

promulgate energy conservation standards for new buildings. The

Secretary of Housing and Urban Development shall provide the

Secretary with any necessary technical assistance in the

development of such standards. All other responsibilities, pursuant

to title III of the Energy Conservation and Production Act [42

U.S.C. 6831 et seq.], shall remain with the Secretary of Housing

and Urban Development, except that the Secretary shall be kept

fully and currently informed of the implementation of the

promulgated standards.

(b) There is hereby transferred to, and vested in, the Secretary

the functions vested in the Secretary of Housing and Urban

Development pursuant to section 1701z-8 of title 12.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 304, Aug. 4, 1977, 91 Stat. 580.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Conservation and Production Act, referred to in

subsec. (a), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1125, as

amended. Title III of the Energy Conservation and Production Act,

known as the Energy Conservation Standards for New Buildings Act of

1976, is classified generally to subchapter II (Sec. 6831 et seq.)

of chapter 81 of this title. For complete classification of the

Energy Conservation and Production Act and the Energy Standards for

New Buildings Act of 1976 to the Code, see Short Title note set out

under section 6801 of this title and Tables.

-End-

-CITE-

42 USC Sec. 7155 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7155. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108

Stat. 1379

-MISC1-

Section, Pub. L. 95-91, title III, Sec. 306, Aug. 4, 1977, 91

Stat. 581, transferred to Secretary the functions set forth in

Interstate Commerce Act and vested by law in Interstate Commerce

Commission or Chairman and members thereof as related to

transportation of oil by pipeline. See section 60501 of Title 49,

Transportation.

-End-

-CITE-

42 USC Sec. 7156 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7156. Transfers from Department of the Navy

-STATUTE-

There are transferred to and vested in the Secretary all

functions vested by chapter 641 of title 10, in the Secretary of

the Navy as they relate to the administration of and jurisdiction

over -

(1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in

Kern County, California, established by Executive order of the

President, dated September 2, 1912;

(2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located

in Kern County, California, established by Executive order of the

President, dated December 13, 1912;

(3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located

in Wyoming, established by Executive order of the President,

dated April 30, 1915;

(4) Oil Shale Reserve Numbered 1, located in Colorado,

established by Executive order of the President, dated December

6, 1916, as amended by Executive order dated June 12, 1919;

(5) Oil Shale Reserve Numbered 2, located in Utah, established

by Executive order of the President, dated December 6, 1916; and

(6) Oil Shale Reserve Numbered 3, located in Colorado,

established by Executive order of the President, dated September

27, 1924.

In the administration of any of the functions transferred to, and

vested in, the Secretary by this section the Secretary shall take

into consideration the requirements of national security.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 307, Aug. 4, 1977, 91 Stat. 581.)

-End-

-CITE-

42 USC Sec. 7156a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7156a. Repealed. Pub. L. 105-85, div. C, title XXXIV, Sec.

3403, Nov. 18, 1997, 111 Stat. 2059

-MISC1-

Section, Pub. L. 96-137, Sec. 2, Dec. 12, 1979, 93 Stat. 1061,

related to assignment of naval officers to key management positions

within Office of Naval Petroleum and Oil Shale Reserves in

Department of Energy and to position of Director.

-End-

-CITE-

42 USC Sec. 7157 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7157. Transfers from Department of Commerce

-STATUTE-

There are transferred to, and vested in, the Secretary all

functions of the Secretary of Commerce, the Department of Commerce,

and officers and components of that Department, as relate to or are

utilized by the Office of Energy Programs, but limited to

industrial energy conservation programs.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 308, Aug. 4, 1977, 91 Stat. 581.)

-End-

-CITE-

42 USC Sec. 7158 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7158. Naval reactor and military application programs

-STATUTE-

The Division of Naval Reactors established pursuant to section

2035 of this title, and responsible for research, design,

development, health, and safety matters pertaining to naval nuclear

propulsion plants and assigned civilian power reactor programs is

transferred to the Department under the Under Secretary for Nuclear

Security, and such organizational unit shall be deemed to be an

organizational unit established by this chapter.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 309, Aug. 4, 1977, 91 Stat. 581;

Pub. L. 106-65, div. C, title XXXII, Sec. 3294(c), Oct. 5, 1999,

113 Stat. 970.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original "this

Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as

amended, known as the Department of Energy Organization Act, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of this title and Tables.

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-65 struck out subsec. (a) designation before

"The Division of Naval Reactors", substituted "Under Secretary for

Nuclear Security" for "Assistant Secretary to whom the Secretary

has assigned the function listed in section 7133(a)(2)(E) of this

title", and struck out subsec. (b) which read as follows: "The

Division of Military Application, established by section 2035 of

this title, and the functions of the Energy Research and

Development Administration with respect to the Military Liaison

Committee, established by section 2037 of this title, are

transferred to the Department under the Assistant Secretary to whom

the Secretary has assigned those functions listed in section

7133(a)(5) of this title, and such organizational units shall be

deemed to be organizational units established by this chapter."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section

3299 of Pub. L. 106-65, set out as an Effective Date note under

section 2401 of Title 50, War and National Defense.

-TRANS-

TRANSFER OF FUNCTIONS

All national security functions and activities performed

immediately before Oct. 5, 1999, by the Office of Naval Reactors

transferred to the Administrator for Nuclear Security of the

National Nuclear Security Administration of the Department of

Energy, and the Deputy Administrator for Naval Reactors of the

Administration to be assigned the responsibilities, authorities,

and accountability for all functions of the Office of Naval

Reactors under Executive Order No. 12344, set out below, see

sections 2406 and 2481 of Title 50, War and National Defense.

-MISC2-

EXECUTIVE ORDER NO. 12344 TO REMAIN IN FORCE

Except as otherwise specified in section 2406 of Title 50, War

and National Defense, and notwithstanding any other provision of

title XXXII of Pub. L. 106-65 (see Short Title note set out under

section 2401 of Title 50), the provisions of Executive Order No.

12344 (set out below) to remain in full force and effect until

changed by law, see section 2406 of Title 50.

Pub. L. 98-525, title XVI, Sec. 1634, Oct. 19, 1984, 98 Stat.

2649, provided that: "The provisions of Executive Order Numbered

12344, dated February 1, 1982 [set out below], pertaining to the

Naval Nuclear Propulsion Program, shall remain in force until

changed by law."

-EXEC-

EX. ORD. NO. 12344. NAVAL NUCLEAR PROPULSION PROGRAM

Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, provided:

By the authority vested in me as President and as Commander in

Chief of the Armed Forces of the United States of America, with

recognition of the crucial importance to national security of the

Naval Nuclear Propulsion Program, and for the purpose of preserving

the basic structure, policies, and practices developed for this

Program in the past and assuring that the Program will continue to

function with excellence, it is hereby ordered as follows:

Section 1. The Naval Nuclear Propulsion Program is an integrated

program carried out by two organizational units, one in the

Department of Energy and the other in the Department of the Navy.

Sec. 2. Both organizational units shall be headed by the same

individual so that the activities of each may continue in practice

under common management. This individual shall direct the Naval

Nuclear Propulsion Program in both departments. The director shall

be qualified by reason of technical background and experience in

naval nuclear propulsion. The director may be either a civilian or

an officer of the United States Navy, active or retired.

Sec. 3. The Secretary of the Navy (through the Secretary of

Defense) and the Secretary of Energy shall obtain the approval of

the President to appoint the director of the Naval Nuclear

Propulsion Program for their respective Departments. The director

shall be appointed to serve a term of eight years, except that the

Secretary of Energy and the Secretary of the Navy may, with mutual

concurrence, terminate or extend the term of the respective

appointments.

Sec. 4. An officer of the United States Navy appointed as

director shall be nominated for the grade of Admiral. A civilian

serving as director shall be compensated at a rate to be specified

at the time of appointment.

Sec. 5. Within the Department of Energy, the Secretary of Energy

shall assign to the director the responsibility of performing the

functions of the Division of Naval Reactors transferred to the

Department of Energy by Section 309(a) of the Department of Energy

Organization Act (42 U.S.C. 7158), including assigned civilian

power reactor programs, and any naval nuclear propulsion functions

of the Department of Energy, including:

(a) direct supervision over the Bettis and Knolls Atomic Power

Laboratories, the Expended Core Facility and naval reactor

prototype plants;

(b) research, development, design, acquisition, specification,

construction, inspection, installation, certification, testing,

overhaul, refueling, operating practices and procedures,

maintenance, supply support, and ultimate disposition, of naval

nuclear propulsion plants, including components thereof, and any

special maintenance and service facilities related thereto;

(c) the safety of reactors and associated navel [naval] nuclear

propulsion plants, and control of radiation and radioactivity

associated with naval nuclear propulsion activities, including

prescribing and enforcing standards and regulations for these areas

as they affect the environment and the safety and health of

workers, operators, and the general public;

(d) training, including training conducted at the naval prototype

reactors of the Department of Energy, and assistance and

concurrence in the selection, training, qualification, and

assignment of personnel reporting to the director and of personnel

who supervise, operate, or maintain naval nuclear propulsion

plants; and

(e) administration of the Naval Nuclear Propulsion Program,

including oversight of program support in areas such as security,

nuclear safeguards and transportation, public information,

procurement, logistics and fiscal management.

Sec. 6. Within the Department of Energy, the director shall

report to the Secretary of Energy, through the Assistant Secretary

assigned nuclear energy functions and shall serve as a Deputy

Assistant Secretary. The director shall have direct access to the

Secretary of Energy and other senior officials in the Department of

Energy concerning naval nuclear propulsion matters, and to all

other personnel who supervise, operate or maintain naval nuclear

propulsion plants and support facilities for the Department of

Energy.

Sec. 7. Within the Department of the Navy, the Secretary of the

Navy shall assign to the director responsibility to supervise all

technical aspects of the Navy's nuclear propulsion work, including:

(a) research, development, design, procurement, specification,

construction, inspection, installation, certification, testing,

overhaul, refueling, operating practices and procedures,

maintenance, supply support, and ultimate disposition, of naval

nuclear propulsion plants, including components thereof, and any

special maintenance and service facilities related thereto; and

(b) training programs, including Nuclear Power Schools of the

Navy, and assistance and concurrence in the selection, training,

qualification, and assignment of personnel reporting to the

director and of Government personnel who supervise, operate, or

maintain naval nuclear propulsion plants.

Sec. 8. Within the Department of the Navy, the Secretary of the

Navy shall assign to the director responsibility within the Navy

for:

(a) the safety of reactors and associated naval nuclear

propulsion plants, and control of radiation and radioactivity

associated with naval nuclear propulsion activities, including

prescribing and enforcing standards and regulations for these areas

as they affect the environment and the safety and health of

workers, operators, and the general public.

(b) administration of the Naval Nuclear Propulsion Program,

including oversight of program support in areas such as security,

nuclear safeguards and transportation, public information,

procurement, logistics, and fiscal management.

Sec. 9. In addition to any other organizational assignments

within the Department of the Navy, the director shall report

directly to the Chief of Naval Operations. The director shall have

direct access to the Secretary of the Navy and other senior

officials in the Department of the Navy concerning naval nuclear

propulsion matters, and to all other Government personnel who

supervise, operate, or maintain naval nuclear propulsion plants and

support facilities.

Sec. 10. This Order is effective on February 1, 1982.

Ronald Reagan.

-End-

-CITE-

42 USC Sec. 7159 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-

Sec. 7159. Transfer to Department of Transportation

-STATUTE-

Notwithstanding section 7151(a) of this title, there are

transferred to, and vested in, the Secretary of Transportation all

of the functions vested in the Administrator of the Federal Energy

Administration by section 6361(b)(1)(B) of this title.

-SOURCE-

(Pub. L. 95-91, title III, Sec. 310, Aug. 4, 1977, 91 Stat. 582.)

-End-

-CITE-

42 USC SUBCHAPTER IV - FEDERAL ENERGY REGULATORY

COMMISSION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7134, 7136, 7151,

7298, 7301, 7341 of this title.

-End-

-CITE-

42 USC Sec. 7171 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7171. Appointment and administration

-STATUTE-

(a) Federal Energy Regulatory Commission; establishment

There is established within the Department an independent

regulatory commission to be known as the Federal Energy Regulatory

Commission.

(b) Composition; term of office; conflict of interest; expiration

of terms

(1) The Commission shall be composed of five members appointed by

the President, by and with the advice and consent of the Senate.

One of the members shall be designated by the President as

Chairman. Members shall hold office for a term of 5 years and may

be removed by the President only for inefficiency, neglect of duty,

or malfeasance in office. Not more than three members of the

Commission shall be members of the same political party. Any

Commissioner appointed to fill a vacancy occurring prior to the

expiration of the term for which his predecessor was appointed

shall be appointed only for the remainder of such term. A

Commissioner may continue to serve after the expiration of his term

until his successor is appointed and has been confirmed and taken

the oath of Office, except that such Commissioner shall not serve

beyond the end of the session of the Congress in which such term

expires. Members of the Commission shall not engage in any other

business, vocation, or employment while serving on the Commission.

(2) Notwithstanding the third sentence of paragraph (1), the

terms of members first taking office after April 11, 1990, shall

expire as follows:

(A) In the case of members appointed to succeed members whose

terms expire in 1991, one such member's term shall expire on June

30, 1994, and one such member's term shall expire on June 30,

1995, as designated by the President at the time of appointment.

(B) In the case of members appointed to succeed members whose

terms expire in 1992, one such member's term shall expire on June

30, 1996, and one such member's term shall expire on June 30,

1997, as designated by the President at the time of appointment.

(C) In the case of the member appointed to succeed the member

whose term expires in 1993, such member's term shall expire on

June 30, 1998.

(c) Duties and responsibilities of Chairman

The Chairman shall be responsible on behalf of the Commission for

the executive and administrative operation of the Commission,

including functions of the Commission with respect to (1) the

appointment and employment of hearing examiners in accordance with

the provisions of title 5, (2) the selection, appointment, and

fixing of the compensation of such personnel as he deems necessary,

including an executive director, (3) the supervision of personnel

employed by or assigned to the Commission, except that each member

of the Commission may select and supervise personnel for his

personal staff, (4) the distribution of business among personnel

and among administrative units of the Commission, and (5) the

procurement of services of experts and consultants in accordance

with section 3109 of title 5. The Secretary shall provide to the

Commission such support and facilities as the Commission determines

it needs to carry out its functions.

(d) Supervision and direction of members, employees, or other

personnel of Commission

In the performance of their functions, the members, employees, or

other personnel of the Commission shall not be responsible to or

subject to the supervision or direction of any officer, employee,

or agent of any other part of the Department.

(e) Designation of Acting Chairman; quorum; seal

The Chairman of the Commission may designate any other member of

the Commission as Acting Chairman to act in the place and stead of

the Chairman during his absence. The Chairman (or the Acting

Chairman in the absence of the Chairman) shall preside at all

sessions of the Commission and a quorum for the transaction of

business shall consist of at least three members present. Each

member of the Commission, including the Chairman, shall have one

vote. Actions of the Commission shall be determined by a majority

vote of the members present. The Commission shall have an official

seal which shall be judicially noticed.

(f) Rules

The Commission is authorized to establish such procedural and

administrative rules as are necessary to the exercise of its

functions. Until changed by the Commission, any procedural and

administrative rules applicable to particular functions over which

the Commission has jurisdiction shall continue in effect with

respect to such particular functions.

(g) Powers of Commission

In carrying out any of its functions, the Commission shall have

the powers authorized by the law under which such function is

exercised to hold hearings, sign and issue subpenas, administer

oaths, examine witnesses, and receive evidence at any place in the

United States it may designate. The Commission may, by one or more

of its members or by such agents as it may designate, conduct any

hearing or other inquiry necessary or appropriate to its functions,

except that nothing in this subsection shall be deemed to supersede

the provisions of section 556 of title 5 relating to hearing

examiners.

(h) Principal office of Commission

The principal office of the Commission shall be in or near the

District of Columbia, where its general sessions shall be held, but

the Commission may sit anywhere in the United States.

(i) Commission deemed agency; attorney for Commission

For the purpose of section 552b of title 5, the Commission shall

be deemed to be an agency. Except as provided in section 518 of

title 28, relating to litigation before the Supreme Court,

attorneys designated by the Chairman of the Commission may appear

for, and represent the Commission in, any civil action brought in

connection with any function carried out by the Commission pursuant

to this chapter or as otherwise authorized by law.

(j) Annual authorization and appropriation request

In each annual authorization and appropriation request under this

chapter, the Secretary shall identify the portion thereof intended

for the support of the Commission and include a statement by the

Commission (1) showing the amount requested by the Commission in

its budgetary presentation to the Secretary and the Office of

Management and Budget and (2) an assessment of the budgetary needs

of the Commission. Whenever the Commission submits to the

Secretary, the President, or the Office of Management and Budget,

any legislative recommendation or testimony, or comments on

legislation, prepared for submission to Congress, the Commission

shall concurrently transmit a copy thereof to the appropriate

committees of Congress.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 401, Aug. 4, 1977, 91 Stat. 582;

Pub. L. 101-271, Sec. 2(a), (b), Apr. 11, 1990, 104 Stat. 135.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (i) and (j), was in the

original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat.

565, as amended, known as the Department of Energy Organization

Act, which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of this title and Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-271 designated existing

provisions as par. (1), substituted "5 years" for "four years",

struck out after third sentence "The terms of the members first

taking office shall expire (as designated by the President at the

time of appointment), two at the end of two years, two at the end

of three years, and one at the end of four years.", substituted "A

Commissioner may continue to serve after the expiration of his term

until his successor is appointed and has been confirmed and taken

the oath of Office, except that such Commissioner shall not serve

beyond the end of the session of the Congress in which such term

expires." for "A Commissioner may continue to serve after the

expiration of his term until his successor has taken office, except

that he may not so continue to serve for more than one year after

the date on which his term would otherwise expire under this

subsection.", and added par. (2).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 2(c) of Pub. L. 101-271 provided that: "The amendments

made by this section [amending this section] apply only to persons

appointed or reappointed as members of the Federal Energy

Regulatory Commission after the date of enactment of this Act [Apr.

11, 1990]."

RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES

Pub. L. 101-549, title VIII, Sec. 808, Nov. 15, 1990, 104 Stat.

2690, provided that:

"(a) Definition. - For purposes of this section, 'renewable

energy' means energy from photovoltaic, solar thermal, wind,

geothermal, and biomass energy production technologies.

"(b) Rate Incentives Study. - Within 18 months after enactment

[Nov. 15, 1990], the Federal Energy Regulatory Commission, in

consultation with the Environmental Protection Agency, shall

complete a study which calculates the net environmental benefits of

renewable energy, compared to nonrenewable energy, and assigns

numerical values to them. The study shall include, but not be

limited to, environmental impacts on air, water, land use, water

use, human health, and waste disposal.

"(c) Model Regulations. - In conjunction with the study in

subsection (b), the Commission shall propose one or more models for

incorporating the net environmental benefits into the regulatory

treatment of renewable energy in order to provide economic

compensation for those benefits.

"(d) Report. - The Commission shall transmit the study and the

model regulations to Congress, along with any recommendations on

the best ways to reward renewable energy technologies for their

environmental benefits, in a report no later than 24 months after

enactment [Nov. 15, 1990]."

RETENTION AND USE OF REVENUES FROM LICENSING FEES, INSPECTION

SERVICES, AND OTHER SERVICES AND COLLECTIONS; REDUCTION TO ACHIEVE

FINAL FISCAL YEAR APPROPRIATION

Pub. L. 107-66, title III, Nov. 12, 2001, 115 Stat. 508, provided

in part: "That notwithstanding any other provision of law, not to

exceed $184,155,000 of revenues from fees and annual charges, and

other services and collections in fiscal year 2002 shall be

retained and used for necessary expenses in this account, and shall

remain available until expended: Provided further, That the sum

herein appropriated from the General Fund shall be reduced as

revenues are received during fiscal year 2002 so as to result in a

final fiscal year 2002 appropriation from the General Fund

estimated at not more than $0".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-377, Sec. 1(a)(2) [title III], Oct. 27, 2000, 114

Stat. 1441, 1441A-78.

Pub. L. 106-60, title III, Sept. 29, 1999, 113 Stat. 494.

Pub. L. 105-245, title III, Oct. 7, 1998, 112 Stat. 1851.

Pub. L. 105-62, title III, Oct. 13, 1997, 111 Stat. 1334.

Pub. L. 104-206, title III, Sept. 30, 1996, 110 Stat. 2998.

Pub. L. 104-46, title III, Nov. 13, 1995, 109 Stat. 416.

Pub. L. 103-316, title III, Aug. 26, 1994, 108 Stat. 1719.

Pub. L. 103-126, title III, Oct. 28, 1993, 107 Stat. 1330.

Pub. L. 102-377, title III, Oct. 2, 1992, 106 Stat. 1338.

Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 531.

Pub. L. 101-514, title III, Nov. 5, 1990, 104 Stat. 2093.

Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 661.

Pub. L. 100-371, title III, July 19, 1988, 102 Stat. 870.

Pub. L. 100-202, Sec. 101(d) [title III], Dec. 22, 1987, 101

Stat. 1329-104, 1329-124.

Pub. L. 99-500, Sec. 101(e) [title III], Oct. 18, 1986, 100 Stat.

1783-194, 1783-208, and Pub. L. 99-591, Sec. 101(e) [title III],

Oct. 30, 1986, 100 Stat. 3341-194, 3341-208.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7192 of this title.

-End-

-CITE-

42 USC Sec. 7172 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7172. Jurisdiction of Commission

-STATUTE-

(a) Transfer of functions from Federal Power Commission

(1) There are transferred to, and vested in, the Commission the

following functions of the Federal Power Commission or of any

member of the Commission or any officer or component of the

Commission:

(A) the investigation, issuance, transfer, renewal, revocation,

and enforcement of licenses and permits for the construction,

operation, and maintenance of dams, water conduits, reservoirs,

powerhouses, transmission lines, or other works for the

development and improvement of navigation and for the development

and utilization of power across, along, from, or in navigable

waters under part I of the Federal Power Act [16 U.S.C. 791a et

seq.];

(B) the establishment, review, and enforcement of rates and

charges for the transmission or sale of electric energy,

including determinations on construction work in progress, under

part II of the Federal Power Act [16 U.S.C. 824 et seq.], and the

interconnection, under section 202(b), of such Act [16 U.S.C.

824a(b)], of facilities for the generation, transmission, and

sale of electric energy (other than emergency interconnection);

(C) the establishment, review, and enforcement of rates and

charges for the transportation and sale of natural gas by a

producer or gatherer or by a natural gas pipeline or natural gas

company under sections 1, 4, 5, and 6 of the Natural Gas Act [15

U.S.C. 717, 717c to 717e];

(D) the issuance of a certificate of public convenience and

necessity, including abandonment of facilities or services, and

the establishment of physical connections under section 7 of the

Natural Gas Act [15 U.S.C. 717f];

(E) the establishment, review, and enforcement of curtailments,

other than the establishment and review of priorities for such

curtailments, under the Natural Gas Act [15 U.S.C. 717 et seq.];

and

(F) the regulation of mergers and securities acquisition under

the Federal Power Act [16 U.S.C. 791a et seq.] and Natural Gas

Act [15 U.S.C. 717 et seq.].

(2) The Commission may exercise any power under the following

sections to the extent the Commission determines such power to be

necessary to the exercise of any function within the jurisdiction

of the Commission:

(A) sections 4, 301, 302, 306 through 309, and 312 through 316

of the Federal Power Act [16 U.S.C. 797, 825, 825a, 825e to 825h,

825k to 825o]; and

(B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas

Act [15 U.S.C. 717g, 717h, 717l to 717p, 717s, 717t].

(b) Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.

1379

(c) Consideration of proposals made by Secretary to amend

regulations issued under section 753 of title 15; exception

(1) Pursuant to the procedures specified in section 7174 of this

title and except as provided in paragraph (2), the Commission shall

have jurisdiction to consider any proposal by the Secretary to

amend the regulation required to be issued under section 753(a)

(!1) of title 15 which is required by section 757 or 760a (!1) of

title 15 to be transmitted by the President to, and reviewed by,

each House of Congress, under section 6421 of this title.

(2) In the event that the President determines that an emergency

situation of overriding national importance exists and requires the

expeditious promulgation of a rule described in paragraph (1), the

President may direct the Secretary to assume sole jurisdiction over

the promulgation of such rule, and such rule shall be transmitted

by the President to, and reviewed by, each House of Congress under

section 757 or 760a (!1) of title 15, and section 6421 of this

title.

(d) Matters involving agency determinations to be made on record

after agency hearing

The Commission shall have jurisdiction to hear and determine any

other matter arising under any other function of the Secretary -

(1) involving any agency determination required by law to be

made on the record after an opportunity for an agency hearing; or

(2) involving any other agency determination which the

Secretary determines shall be made on the record after an

opportunity for an agency hearing,

except that nothing in this subsection shall require that functions

under sections 6213 and 6214 (!1) of this title shall be within the

jurisdiction of the Commission unless the Secretary assigns such a

function to the Commission.

(e) Matters assigned by Secretary after public notice and matters

referred under section 7174 of this title

In addition to the other provisions of this section, the

Commission shall have jurisdiction over any other matter which the

Secretary may assign to the Commission after public notice, or

which are required to be referred to the Commission pursuant to

section 7174 of this title.

(f) Limitation

No function described in this section which regulates the exports

or imports of natural gas or electricity shall be within the

jurisdiction of the Commission unless the Secretary assigns such a

function to the Commission.

(g) Final agency action

The decision of the Commission involving any function within its

jurisdiction, other than action by it on a matter referred to it

pursuant to section 7174 of this title, shall be final agency

action within the meaning of section 704 of title 5 and shall not

be subject to further review by the Secretary or any officer or

employee of the Department.

(h) Rules, regulations, and statements of policy

The Commission is authorized to prescribe rules, regulations, and

statements of policy of general applicability with respect to any

function under the jurisdiction of the Commission pursuant to this

section.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 402, Aug. 4, 1977, 91 Stat. 583;

Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in subsec. (a)(1)(A), (B), and

(F), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,

which is classified generally to chapter 12 (Sec. 791a et seq.) of

Title 16, Conservation. Parts I and II of the Federal Power Act are

classified generally to subchapters I (Sec. 791a et seq.) and II

(Sec. 824 et seq.), respectively, of chapter 12 of Title 16. For

complete classification of this Act to the Code, see section 791a

of Title 16 and Tables.

The Natural Gas Act, referred to in subsec. (a)(1)(E), (F), is

act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is

classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see section 717w of Title 15 and Tables.

Sections 753, 757, and 760a of title 15, referred to in subsec.

(c), were omitted from the Code pursuant to section 760g of Title

15, which provided for the expiration of the President's authority

under those sections on Sept. 30, 1981.

Section 6214 of this title, referred to in subsec. (d), was

repealed by Pub. L. 106-469, title I, Sec. 103(3), Nov. 9, 2000,

114 Stat. 2029.

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-272 struck out subsec. (b) which

read as follows: "There are transferred to, and vested in, the

Commission all functions and authority of the Interstate Commerce

Commission or any officer or component of such Commission where the

regulatory function establishes rates or charges for the

transportation of oil by pipeline or establishes the valuation of

any such pipeline." See section 60502 of Title 49, Transportation.

OIL PIPELINE REGULATORY REFORM

Pub. L. 102-486, title XVIII, Oct. 24, 1992, 106 Stat. 3010,

provided that:

"SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.

"(a) Establishment. - Not later than 1 year after the date of the

enactment of this Act [Oct. 24, 1992], the Federal Energy

Regulatory Commission shall issue a final rule which establishes a

simplified and generally applicable ratemaking methodology for oil

pipelines in accordance with section 1(5) of part I of the

Interstate Commerce Act [former 49 U.S.C. 1(5)].

"(b) Effective Date. - The final rule to be issued under

subsection (a) may not take effect before the 365th day following

the date of the issuance of the rule.

"SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.

"(a) Rulemaking. - Not later than 18 months after the date of the

enactment of this Act [Oct. 24, 1992], the Commission shall issue a

final rule to streamline procedures of the Commission relating to

oil pipeline rates in order to avoid unnecessary regulatory costs

and delays.

"(b) Scope of Rulemaking. - Issues to be considered in the

rulemaking proceeding to be conducted under subsection (a) shall

include the following:

"(1) Identification of information to be filed with an oil

pipeline tariff and the availability to the public of any

analysis of such tariff filing performed by the Commission or its

staff.

"(2) Qualification for standing (including definitions of

economic interest) of parties who protest oil pipeline tariff

filings or file complaints thereto.

"(3) The level of specificity required for a protest or

complaint and guidelines for Commission action on the portion of

the tariff or rate filing subject to protest or complaint.

"(4) An opportunity for the oil pipeline to file a response for

the record to an initial protest or complaint.

"(5) Identification of specific circumstances under which

Commission staff may initiate a protest.

"(c) Additional Procedural Changes. - In conducting the

rulemaking proceeding to carry out subsection (a), the Commission

shall identify and transmit to Congress any other procedural

changes relating to oil pipeline rates which the Commission

determines are necessary to avoid unnecessary regulatory costs and

delays and for which additional legislative authority may be

necessary.

"(d) Withdrawal of Tariffs and Complaints. -

"(1) Withdrawal of tariffs. - If an oil pipeline tariff which

is filed under part I of the Interstate Commerce Act [former 49

U.S.C. 1 et seq.] and which is subject to investigation is

withdrawn -

"(A) any proceeding with respect to such tariff shall be

terminated;

"(B) the previous tariff rate shall be reinstated; and

"(C) any amounts collected under the withdrawn tariff rate

which are in excess of the previous tariff rate shall be

refunded.

"(2) Withdrawal of complaints. - If a complaint which is filed

under section 13 of the Interstate Commerce Act [former 49 U.S.C.

13] with respect to an oil pipeline tariff is withdrawn, any

proceeding with respect to such complaint shall be terminated.

"(e) Alternative Dispute Resolution. - To the maximum extent

practicable, the Commission shall establish appropriate alternative

dispute resolution procedures, including required negotiations and

voluntary arbitration, early in an oil pipeline rate proceeding as

a method preferable to adjudication in resolving disputes relating

to the rate. Any proposed rates derived from implementation of such

procedures shall be considered by the Commission on an expedited

basis for approval.

"SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES.

"(a) Rates Deemed Just and Reasonable. - Except as provided in

subsection (b) -

"(1) any rate in effect for the 365-day period ending on the

date of the enactment of this Act [Oct. 24, 1992] shall be deemed

to be just and reasonable (within the meaning of section 1(5) of

the Interstate Commerce Act [former 49 U.S.C. 1(5)]); and

"(2) any rate in effect on the 365th day preceding the date of

such enactment shall be deemed to be just and reasonable (within

the meaning of such section 1(5)) regardless of whether or not,

with respect to such rate, a new rate has been filed with the

Commission during such 365-day period;

if the rate in effect, as described in paragraph (1) or (2), has

not been subject to protest, investigation, or complaint during

such 365-day period.

"(b) Changed Circumstances. - No person may file a complaint

under section 13 of the Interstate Commerce Act [former 49 U.S.C.

13] against a rate deemed to be just and reasonable under

subsection (a) unless -

"(1) evidence is presented to the Commission which establishes

that a substantial change has occurred after the date of the

enactment of this Act [Oct. 24, 1992] -

"(A) in the economic circumstances of the oil pipeline which

were a basis for the rate; or

"(B) in the nature of the services provided which were a

basis for the rate; or

"(2) the person filing the complaint was under a contractual

prohibition against the filing of a complaint which was in effect

on the date of enactment of this Act and had been in effect prior

to January 1, 1991, provided that a complaint by a party bound by

such prohibition is brought within 30 days after the expiration

of such prohibition.

If the Commission determines pursuant to a proceeding instituted as

a result of a complaint under section 13 of the Interstate Commerce

Act that the rate is not just and reasonable, the rate shall not be

deemed to be just and reasonable. Any tariff reduction or refunds

that may result as an outcome of such a complaint shall be

prospective from the date of the filing of the complaint.

"(c) Limitation Regarding Unduly Discriminatory or Preferential

Tariffs. - Nothing in this section shall prohibit any aggrieved

person from filing a complaint under section 13 or section 15(l) of

the Interstate Commerce Act [former 49 U.S.C. 13, 15(1)]

challenging any tariff provision as unduly discriminatory or unduly

preferential.

"SEC. 1804. DEFINITIONS.

"For the purposes of this title, the following definitions apply:

"(1) Commission. - The term 'Commission' means the Federal

Energy Regulatory Commission and, unless the context requires

otherwise, includes the Oil Pipeline Board and any other office

or component of the Commission to which the functions and

authority vested in the Commission under section 402(b) of the

Department of Energy Organization Act (42 U.S.C. 7172(b)) are

delegated.

"(2) Oil pipeline. -

"(A) In general. - Except as provided in subparagraph (B),

the term 'oil pipeline' means any common carrier (within the

meaning of the Interstate Commerce Act [former 49 U.S.C. 1 et

seq.]) which transports oil by pipeline subject to the

functions and authority vested in the Commission under section

402(b) of the Department of Energy Organization Act (42 U.S.C.

7172(b)).

"(B) Exception. - The term 'oil pipeline' does not include

the Trans-Alaska Pipeline authorized by the Trans-Alaska

Pipeline Authorization Act (43 U.S.C. 1651 et seq.) or any

pipeline delivering oil directly or indirectly to the

Trans-Alaska Pipeline.

"(3) Oil. - The term 'oil' has the same meaning as is given

such term for purposes of the transfer of functions from the

Interstate Commerce Commission to the Federal Energy Regulatory

Commission under section 402(b) of the Department of Energy

Organization Act (42 U.S.C. 7172(b)).

"(4) Rate. - The term 'rate' means all charges that an oil

pipeline requires shippers to pay for transportation services."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2077, 2160, 6303, 7151,

7173, 7174, 7191, 7920, 8433 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7173 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7173. Initiation of rulemaking procedures before Commission

-STATUTE-

(a) Proposal of rules, regulations, and statements of policy of

general applicability by Secretary and Commission

The Secretary and the Commission are authorized to propose rules,

regulations, and statements of policy of general applicability with

respect to any function within the jurisdiction of the Commission

under section 7172 of this title.

(b) Consideration and final action on proposals of Secretary

The Commission shall have exclusive jurisdiction with respect to

any proposal made under subsection (a) of this section, and shall

consider and take final action on any proposal made by the

Secretary under such subsection in an expeditious manner in

accordance with such reasonable time limits as may be set by the

Secretary for the completion of action by the Commission on any

such proposal.

(c) Utilization of rulemaking procedures for establishment of rates

and charges under Federal Power Act and Natural Gas Act

Any function described in section 7172 of this title which

relates to the establishment of rates and charges under the Federal

Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15

U.S.C. 717 et seq.], may be conducted by rulemaking procedures.

Except as provided in subsection (d) of this section, the

procedures in such a rulemaking proceeding shall assure full

consideration of the issues and an opportunity for interested

persons to present their views.

(d) Submission of written questions by interested persons

With respect to any rule or regulation promulgated by the

Commission to establish rates and charges for the first sale of

natural gas by a producer or gatherer to a natural gas pipeline

under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission

may afford any interested person a reasonable opportunity to submit

written questions with respect to disputed issues of fact to other

interested persons participating in the rulemaking proceedings. The

Commission may establish a reasonable time for both the submission

of questions and responses thereto.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 403, Aug. 4, 1977, 91 Stat. 585.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in subsec. (c), is act June

10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified

generally to chapter 12 (Sec. 791a et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code,

see section 791a of Title 16 and Tables.

The Natural Gas Act, referred to in subsecs. (c) and (d), is act

June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is

classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see section 717w of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7174 of this title.

-End-

-CITE-

42 USC Sec. 7174 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7174. Referral of other rulemaking proceedings to Commission

-STATUTE-

(a) Notification of Commission of proposed action; public comment

Except as provided in section 7173 of this title, whenever the

Secretary proposes to prescribe rules, regulations, and statements

of policy of general applicability in the exercise of any function

which is transferred to the Secretary under section 7151 of this

title or section 60501 of title 49, he shall notify the Commission

of the proposed action. If the Commission, in its discretion,

determines within such period as the Secretary may prescribe, that

the proposed action may significantly affect any function within

the jurisdiction of the Commission pursuant to section 7172(a)(1)

and (c)(1) of this title and section 60502 of title 49, the

Secretary shall immediately refer the matter to the Commission,

which shall provide an opportunity for public comment.

(b) Recommendations of Commission; publication

Following such opportunity for public comment the Commission,

after consultation with the Secretary, shall either -

(1) concur in adoption of the rule or statement as proposed by

the Secretary;

(2) concur in adoption of the rule or statement only with such

changes as it may recommend; or

(3) recommend that the rule or statement not be adopted.

The Commission shall promptly publish its recommendations, adopted

under this subsection, along with an explanation of the reason for

its actions and an analysis of the major comments, criticisms, and

alternatives offered during the comment period.

(c) Options of Secretary; final agency action

Following publication of the Commission's recommendations the

Secretary shall have the option of -

(1) issuing a final rule or statement in the form initially

proposed by the Secretary if the Commission has concurred in such

rule pursuant to subsection (b)(1) of this section;

(2) issuing a final rule or statement in amended form so that

the rule conforms in all respects with the changes proposed by

the Commission if the Commission has concurred in such rule or

statement pursuant to subsection (b)(2) of this section; or

(3) ordering that the rule shall not be issued.

The action taken by the Secretary pursuant to this subsection shall

constitute a final agency action for purposes of section 704 of

title 5.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 404, Aug. 4, 1977, 91 Stat. 586.)

-COD-

CODIFICATION

In subsec. (a), "section 60501 of title 49" substituted for

reference to section 306 of this Act, meaning section 306 of Pub.

L. 95-91 [42 U.S.C. 7155], and "section 60502 of title 49"

substituted for reference to section 402(b), meaning section 402(b)

of Pub. L. 95-91 [42 U.S.C. 7172(b)] on authority of Pub. L.

103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section

of which enacted subtitles II, III, and V to X of Title 49,

Transportation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7172 of this title.

-End-

-CITE-

42 USC Sec. 7175 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7175. Right of Secretary to intervene in Commission

proceedings

-STATUTE-

The Secretary may as a matter of right intervene or otherwise

participate in any proceeding before the Commission. The Secretary

shall comply with rules of procedure of general applicability

governing the timing of intervention or participation in such

proceeding or activity and, upon intervening or participating

therein, shall comply with rules of procedure of general

applicability governing the conduct thereof. The intervention or

participation of the Secretary in any proceeding or activity shall

not affect the obligation of the Commission to assure procedure

fairness to all participants.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 405, Aug. 4, 1977, 91 Stat. 586.)

-End-

-CITE-

42 USC Sec. 7176 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7176. Reorganization

-STATUTE-

For the purposes of chapter 9 of title 5 the Commission shall be

deemed to be an independent regulatory agency.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 406, Aug. 4, 1977, 91 Stat. 586.)

-End-

-CITE-

42 USC Sec. 7177 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7177. Access to information

-STATUTE-

(a) The Secretary, each officer of the Department, and each

Federal agency shall provide to the Commission, upon request, such

existing information in the possession of the Department or other

Federal agency as the Commission determines is necessary to carry

out its responsibilities under this chapter.

(b) The Secretary, in formulating the information to be requested

in the reports or investigations under section 825c and section

825j of title 16 and section 717i and section 717j of title 15

shall include in such reports and investigations such specific

information as requested by the Federal Energy Regulatory

Commission and copies of all reports, information, results of

investigations and data under said sections shall be furnished by

the Secretary to the Federal Energy Regulatory Commission.

-SOURCE-

(Pub. L. 95-91, title IV, Sec. 407, Aug. 4, 1977, 91 Stat. 587.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

"this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as

amended, known as the Department of Energy Organization Act, which

is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of this title and Tables.

-End-

-CITE-

42 USC Sec. 7178 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-

Sec. 7178. Federal Energy Regulatory Commission fees and annual

charges

-STATUTE-

(a) In general

(1) Except as provided in paragraph (2) and beginning in fiscal

year 1987 and in each fiscal year thereafter, the Federal Energy

Regulatory Commission shall, using the provisions of this section

and authority provided by other laws, assess and collect fees and

annual charges in any fiscal year in amounts equal to all of the

costs incurred by the Commission in that fiscal year.

(2) The provisions of this section shall not affect the

authority, requirements, exceptions, or limitations in sections

803(e) and 823a(e) of title 16.

(b) Basis for assessments

The fees or annual charges assessed shall be computed on the

basis of methods that the Commission determines, by rule, to be

fair and equitable.

(c) Estimates

The Commission may assess fees and charges under this section by

making estimates based on data available to the Commission at the

time of assessment.

(d) Time of payment

The Commission shall provide that the fees and charges assessed

under this section shall be paid by the end of the fiscal year for

which they were assessed.

(e) Adjustments

The Commission shall, after the completion of a fiscal year, make

such adjustments in the assessments for such fiscal year as may be

necessary to eliminate any overrecovery or underrecovery of its

total costs, and any overcharging or undercharging of any person.

(f) Use of funds

All moneys received under this section shall be credited to the

general fund of the Treasury.

(g) Waiver

The Commission may waive all or part of any fee or annual charge

assessed under this section for good cause shown.

-SOURCE-

(Pub. L. 99-509, title III, Sec. 3401, Oct. 21, 1986, 100 Stat.

1890.)

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Budget Reconciliation

Act of 1986, and not as part of the Department of Energy

Organization Act which comprises this chapter.

-End-

-CITE-

42 USC SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND

JUDICIAL REVIEW 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 7919, 8411 of this

title.

-End-

-CITE-

42 USC Sec. 7191 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-

Sec. 7191. Procedures for issuance of rules, regulations, or orders

-STATUTE-

(a) Applicability of subchapter II of chapter 5 of title 5

(1) Subject to the other requirements of this subchapter, the

provisions of subchapter II of chapter 5 of title 5 shall apply in

accordance with its terms to any rule or regulation, or any order

having the applicability and effect of a rule (as defined in

section 551(4) of title 5), issued pursuant to authority vested by

law in, or transferred or delegated to, the Secretary, or required

by this chapter or any other Act to be carried out by any other

officer, employee, or component of the Department, other than the

Commission, including any such rule, regulation, or order of a

State, or local government agency or officer thereof, issued

pursuant to authority delegated by the Secretary in accordance with

this subchapter. If any provision of any Act, the functions of

which are transferred, vested, or delegated pursuant to this

chapter, provides administrative procedure requirements in addition

to the requirements provided in this subchapter, such additional

requirements shall also apply to actions under that provision.

(2) Notwithstanding paragraph (1), this subchapter shall apply to

the Commission to the same extent this subchapter applies to the

Secretary in the exercise of any of the Commission's functions

under section 7172(c)(1) of this title or which the Secretary has

assigned under section 7172(e) of this title.

(b) Substantial issue of fact or law or likelihood of substantial

impact on Nation's economy, etc.; oral presentation

(1) If the Secretary determines, on his own initiative or in

response to any showing made pursuant to paragraph (2) (with

respect to a proposed rule, regulation, or order described in

subsection (a) of this section) that no substantial issue of fact

or law exists and that such rule, regulation, or order is unlikely

to have a substantial impact on the Nation's economy or large

numbers of individuals or businesses, such proposed rule,

regulation, or order may be promulgated in accordance with section

553 of title 5. If the Secretary determines that a substantial

issue of fact or law exists or that such rule, regulation, or order

is likely to have a substantial impact on the Nation's economy or

large numbers of individuals or businesses, an opportunity for oral

presentation of views, data, and arguments shall be provided.

(2) Any person, who would be adversely affected by the

implementation of any proposed rule, regulation, or order who

desires an opportunity for oral presentation of views, data, and

arguments, may submit material supporting the existence of such

substantial issues or such impact.

(3) A transcript shall be kept of any oral presentation with

respect to a rule, regulation, or order described in subsection (a)

of this section.

(c) Waiver of requirements

The requirements of subsection (b) of this section may be waived

where strict compliance is found by the Secretary to be likely to

cause serious harm or injury to the public health, safety, or

welfare, and such finding is set out in detail in such rule,

regulation, or order. In the event the requirements of this section

are waived, the requirements shall be satisfied within a reasonable

period of time subsequent to the promulgation of such rule,

regulation, or order.

(d) Effects confined to single unit of local government, geographic

area within State, or State; hearing or oral presentation

(1) With respect to any rule, regulation, or order described in

subsection (a) of this section, the effects of which, except for

indirect effects of an inconsequential nature, are confined to -

(A) a single unit of local government or the residents thereof;

(B) a single geographic area within a State or the residents

thereof; or

(C) a single State or the residents thereof;

the Secretary shall, in any case where appropriate, afford an

opportunity for a hearing or the oral presentation of views, and

provide procedures for the holding of such hearing or oral

presentation within the boundaries of the unit of local government,

geographic area, or State described in paragraphs (A) through (C)

of this paragraph as the case may be.

(2) For the purposes of this subsection -

(A) the term "unit of local government" means a county,

municipality, town, township, village, or other unit of general

government below the State level; and

(B) the term "geographic area within a State" means a special

purpose district or other region recognized for governmental

purposes within such State which is not a unit of local

government.

(3) Nothing in this subsection shall be construed as requiring a

hearing or an oral presentation of views where none is required by

this section or other provision of law.

(e) Prescription of procedures for State and local government

agencies

Where authorized by any law vested, transferred, or delegated

pursuant to this chapter, the Secretary may, by rule, prescribe

procedures for State or local government agencies authorized by the

Secretary to carry out such functions as may be permitted under

applicable law. Such procedures shall apply to such agencies in

lieu of this section, and shall require that prior to taking any

action, such agencies shall take steps reasonably calculated to

provide notice to persons who may be affected by the action, and

shall afford an opportunity for presentation of views (including

oral presentation of views where practicable) within a reasonable

time before taking the action.

-SOURCE-

(Pub. L. 95-91, title V, Sec. 501, Aug. 4, 1977, 91 Stat. 587; Pub.

L. 105-28, Sec. 2(a), July 18, 1997, 111 Stat. 245.)

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-28, Sec. 2(a)(1), (2),

redesignated subsec. (c) as (b) and struck out former subsec. (b)

which read as follows:

"(1) In addition to the requirements of subsection (a) of this

section, notice of any proposed rule, regulation, or order

described in subsection (a) of this section shall be given by

publication of such proposed rule, regulation, or order in the

Federal Register. Such publication shall be accompanied by a

statement of the research, analysis, and other available

information in support of, the need for, and the probable effect

of, any such proposed rule, regulation, or order. Other effective

means of publicity shall be utilized as may be reasonably

calculated to notify concerned or affected persons of the nature

and probable effect of any such proposed rule, regulation, or

order. In each case, a minimum of thirty days following such

publication shall be provided for an opportunity to comment prior

to promulgation of any such rule, regulation, or order.

"(2) Public notice of all rules, regulations, or orders described

in subsection (a) of this section which are promulgated by officers

of a State or local government agency pursuant to a delegation

under this chapter shall be provided by publication of such

proposed rules, regulations, or orders in at least two newspapers

of statewide circulation. If such publication is not practicable,

notice of any such rule, regulation, or order shall be given by

such other means as the officer promulgating such rule, regulation,

or order determines will reasonably assure wide public notice.

"(3) For the purposes of this subchapter, the exception from the

requirements of section 553 of title 5 provided by subsection

(a)(2) of such section with respect to public property, loans,

grants, or contracts shall not be available."

Subsec. (c). Pub. L. 105-28, Sec. 2(a)(2), (3), redesignated

subsec. (e) as (c) and substituted "subsection (b)" for

"subsections (b), (c), and (d)". Former subsec. (c) redesignated

(b).

Subsec. (d). Pub. L. 105-28, Sec. 2(a)(1), (2), redesignated

subsec. (f) as (d) and struck out former subsec. (d) which read as

follows: "Following the notice and comment period, including any

oral presentation required by this subsection, the Secretary may

promulgate a rule if the rule is accompanied by an explanation

responding to the major comments, criticisms, and alternatives

offered during the comment period."

Subsecs. (e) to (g). Pub. L. 105-28, Sec. 2(a)(2), redesignated

subsecs. (e) to (g) as (c) to (e), respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6239, 6250d, 7193, 7194,

8513, 9204 of this title.

-End-

-CITE-

42 USC Sec. 7192 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-

Sec. 7192. Judicial review

-STATUTE-

(a) Agency action

Judicial review of agency action taken under any law the

functions of which are vested by law in, or transferred or

delegated to the Secretary, the Commission or any officer,

employee, or component of the Department shall, notwithstanding

such vesting, transfer, or delegation, be made in the manner

specified in or for such law.

(b) Review by district court of United States; removal

Notwithstanding the amount in controversy, the district courts of

the United States shall have exclusive original jurisdiction of all

other cases or controversies arising exclusively under this

chapter, or under rules, regulations, or orders issued exclusively

thereunder, other than any actions taken to implement or enforce

any rule, regulation, or order by any officer of a State or local

government agency under this chapter, except that nothing in this

section affects the power of any court of competent jurisdiction to

consider, hear, and determine in any proceeding before it any issue

raised by way of defense (other than a defense based on the

unconstitutionality of this chapter or the validity of action taken

by any agency under this chapter). If in any such proceeding an

issue by way of defense is raised based on the unconstitutionality

of this chapter or the validity of agency action under this

chapter, the case shall be subject to removal by either party to a

district court of the United States in accordance with the

applicable provisions of chapter 89 of title 28. Cases or

controversies arising under any rule, regulation, or order of any

officer of a State or local government agency may be heard in

either (A) any appropriate State court, or (B) without regard to

the amount in controversy, the district courts of the United

States.

(c) Litigation supervision by Attorney General

Subject to the provisions of section 7171(i) of this title and

notwithstanding any other law, the litigation of the Department

shall be subject to the supervision of the Attorney General

pursuant to chapter 31 of title 28. The Attorney General may

authorize any attorney of the Department to conduct any civil

litigation of the Department in any Federal court except the

Supreme Court.

-SOURCE-

(Pub. L. 95-91, title V, Sec. 502, Aug. 4, 1977, 91 Stat. 589.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6303, 8412, 8433, 8434 of

this title.

-End-

-CITE-

42 USC Sec. 7193 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-

Sec. 7193. Remedial orders

-STATUTE-

(a) Violations of rules, regulations, or orders promulgated

pursuant to Emergency Petroleum Allocation Act of 1973

If upon investigation the Secretary or his authorized

representative believes that a person has violated any regulation,

rule, or order described in section 7191(a) of this title

promulgated pursuant to the Emergency Petroleum Allocation Act of

1973 (!1) [15 U.S.C. 751 et seq.], he may issue a remedial order to

the person. Each remedial order shall be in writing and shall

describe with particularity the nature of the violation, including

a reference to the provision of such rule, regulation, or order

alleged to have been violated. For purposes of this section

"person" includes any individual, association, company,

corporation, partnership, or other entity however organized.

(b) Notice of intent to contest; final order not subject to review

If within thirty days after the receipt of the remedial order

issued by the Secretary, the person fails to notify the Secretary

that he intends to contest the remedial order, the remedial order

shall become effective and shall be deemed a final order of the

Secretary and not subject to review by any court or agency.

(c) Notice of contestation to Commission; stay; hearing; cross

examination; final order; enforcement and review

If within thirty days after the receipt of the remedial order

issued by the Secretary, the person notifies the Secretary that he

intends to contest a remedial order issued under subsection (a) of

this section, the Secretary shall immediately advise the Commission

of such notification. Upon such notice, the Commission shall stay

the effect of the remedial order, unless the Commission finds the

public interest requires immediate compliance with such remedial

order. The Commission shall, upon request, afford an opportunity

for a hearing, including, at a minimum, the submission of briefs,

oral or documentary evidence, and oral arguments. To the extent

that the Commission in its discretion determines that such is

required for a full and true disclosure of the facts, the

Commission shall afford the right of cross examination. The

Commission shall thereafter issue an order, based on findings of

fact, affirming, modifying, or vacating the Secretary's remedial

order, or directing other appropriate relief, and such order shall,

for the purpose of judicial review, constitute a final agency

action, except that enforcement and other judicial review of such

action shall be the responsibility of the Secretary.

(d) Time limits

The Secretary may set reasonable time limits for the Commission

to complete action on a proceeding referred to it pursuant to this

section.

(e) Effect on procedural action taken by Secretary prior to

issuance of initial remedial order

Nothing in preceding provisions of this section shall be

construed to affect any procedural action taken by the Secretary

prior to or incident to initial issuance of a remedial order which

is the subject of the hearing provided in preceding provisions of

this section, but such procedures shall be reviewable in the

hearing.

(f) Savings provision

The provisions of preceding provisions of this section shall be

applicable only with respect to proceedings initiated by a notice

of probable violation issued after October 1, 1977.

(g) Retroactive application; marketing of petroleum products

With respect to any person whose sole petroleum industry

operation relates to the marketing of petroleum products, the

Secretary or any person acting on his behalf may not exercise

discretion to maintain a civil action (other than an action for

injunctive relief) or issue a remedial order against such person

for any violation of any rule or regulation if -

(1) such civil action or order is based on a retroactive

application of such rule or regulation or is based upon a

retroactive interpretation of such rule or regulation; and

(2) such person relied in good faith upon rules, regulations,

or ruling in effect on the date of the violation interpreting

such rules or regulations.

-SOURCE-

(Pub. L. 95-91, title V, Sec. 503, Aug. 4, 1977, 91 Stat. 590; Pub.

L. 95-620, title VIII, Sec. 805, Nov. 9, 1978, 92 Stat. 3348.)

-REFTEXT-

REFERENCES IN TEXT

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (a), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of Title 15, Commerce and Trade, and was omitted from the

Code pursuant to section 760g of Title 15, which provided for the

expiration of the President's authority under that chapter on Sept.

30, 1981.

-MISC1-

AMENDMENTS

1978 - Subsecs. (e), (f). Pub. L. 95-620, Sec. 805(b), inserted

"preceding provisions of" before "this section".

Subsec. (g). Pub. L. 95-620, Sec. 805(a), added subsec. (g).

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-620 effective 180 days after Nov. 9,

1978, see section 901 of Pub. L. 95-620, set out as an Effective

Date note under section 8301 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4504.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7194 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-

Sec. 7194. Requests for adjustments

-STATUTE-

(a) The Secretary or any officer designated by him shall provide

for the making of such adjustments to any rule, regulation or order

described in section 7191(a) of this title issued under the Federal

Energy Administration Act [15 U.S.C. 761 et seq.], the Emergency

Petroleum Allocation Act of 1973 (!1) [15 U.S.C. 751 et seq.], the

Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C.

791 et seq.], or the Energy Policy and Conservation Act [42 U.S.C.

6201 et seq.], consistent with the other purposes of the relevant

Act, as may be necessary to prevent special hardship, inequity, or

unfair distribution of burdens, and shall by rule, establish

procedures which are available to any person for the purpose of

seeking an interpretation, modification, or recission (!2) of,

exception to, or exemption from, such rule, regulation or order.

The Secretary or any such officer shall additionally insure that

each decision on any application or petition requesting an

adjustment shall specify the standards of hardship, inequity, or

unfair distribution of burden by which any disposition was made,

and the specific application of such standards to the facts

contained in any such application or petition.

(b)(1) If any person is aggrieved or adversely affected by a

denial of a request for adjustment under subsection (a) of this

section such person may request a review of such denial by the

Commission and may obtain judicial review in accordance with this

subchapter when such a denial becomes final.

(2) The Commission shall, by rule, establish appropriate

procedures, including a hearing when requested, for review of a

denial. Action by the Commission under this section shall be

considered final agency action within the meaning of section 704 of

title 5 and shall not be subject to further review by the Secretary

or any officer or employee of the Department. Litigation involving

judicial review of such action shall be the responsibility of the

Secretary.

-SOURCE-

(Pub. L. 95-91, title V, Sec. 504, Aug. 4, 1977, 91 Stat. 590.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Energy Administration Act, referred to in subsec.

(a), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as amended, which

is classified generally to chapter 16B (Sec. 761 et seq.) of Title

15, Commerce and Trade. For complete classification of this Act to

the Code, see Short Title note set out under section 761 of Title

15 and Tables.

The Emergency Petroleum Allocation Act of 1973, referred to in

subsec. (a), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as

amended, which was classified generally to chapter 16A (Sec. 751 et

seq.) of Title 15, and was omitted from the Code pursuant to

section 760g of Title 15, which provided for the expiration of the

President's authority under that chapter on Sept. 30, 1981.

The Energy Supply and Environmental Coordination Act of 1974,

referred to in subsec. (a), is Pub. L. 93-319, June 22, 1974, 88

Stat. 246, as amended, which is classified principally to chapter

16C (Sec. 791 et seq.) of Title 15. For complete classification of

this Act to the Code, see Short Title note set out under section

791 of Title 15 and Tables.

The Energy Policy and Conservation Act, referred to in subsec.

(a), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended,

which is classified principally to chapter 77 (Sec. 6201 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 6201 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 4504.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be "recision".

-End-

-CITE-

42 USC Sec. 7195 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-

Sec. 7195. Report to Congress; contents

-STATUTE-

Within one year after October 1, 1977, the Secretary shall submit

a report to Congress concerning the actions taken to implement

section 7191 of this title. The report shall include a discussion

of the adequacy of such section from the standpoint of the

Department and the public, including a summary of any comments

obtained by the Secretary from the public about such section and

implementing regulations, and such recommendations as the Secretary

deems appropriate concerning the procedures required by such

section.

-SOURCE-

(Pub. L. 95-91, title V, Sec. 505, Aug. 4, 1977, 91 Stat. 591.)

-End-

-CITE-

42 USC SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-End-

-CITE-

42 USC Part A - Conflict of Interest Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part A - Conflict of Interest Provisions

-HEAD-

PART A - CONFLICT OF INTEREST PROVISIONS

-End-

-CITE-

42 USC Secs. 7211, 7212 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part A - Conflict of Interest Provisions

-HEAD-

Secs. 7211, 7212. Repealed. Pub. L. 104-106, div. D, title XLIII,

Sec. 4304(b)(6), Feb. 10, 1996, 110 Stat. 664

-MISC1-

Section 7211, Pub. L. 95-91, title VI, Sec. 601, Aug. 4, 1977, 91

Stat. 591; Pub. L. 103-160, div. C, title XXXI, Sec. 3161(c)(1)(A),

(B), Nov. 30, 1993, 107 Stat. 1958, related to definitions of

supervisory employees and energy concern.

Section 7212, Pub. L. 95-91, title VI, Sec. 602, Aug. 4, 1977, 91

Stat. 592; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43

F.R. 36037, 92 Stat. 3784; Pub. L. 103-160, div. C, title XXXI,

Sec. 3161(b), (c)(1)(C), Nov. 30, 1993, 107 Stat. 1958, related to

divestiture of energy holdings by supervisory employees.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of Title 41, Public Contracts.

-End-

-CITE-

42 USC Secs. 7213 to 7217 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part A - Conflict of Interest Provisions

-HEAD-

Secs. 7213 to 7217. Repealed. Pub. L. 103-160, div. C, title XXXI,

Sec. 3161(a), Nov. 30, 1993, 107 Stat. 1957

-MISC1-

Section 7213, Pub. L. 95-91, title VI, Sec. 603, Aug. 4, 1977, 91

Stat. 593, related to disclosure of energy assets.

Section 7214, Pub. L. 95-91, title VI, Sec. 604, Aug. 4, 1977, 91

Stat. 594, required, with exceptions for certain information, that

supervisory employees of Department file report on prior

employment.

Section 7215, Pub. L. 95-91, title VI, Sec. 605, Aug. 4, 1977, 91

Stat. 594, related to postemployment prohibitions and reporting

requirements.

Section 7216, Pub. L. 95-91, title VI, Sec. 606, Aug. 4, 1977, 91

Stat. 595, prohibited former supervisory employees from

participating in certain Department proceedings.

Section 7217, Pub. L. 95-91, title VI, Sec. 607, Aug. 4, 1977, 91

Stat. 596; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43

F.R. 36037, 92 Stat. 3784, related to procedures applicable to

reports under former sections 7213, 7214, and 7215 of this title.

-End-

-CITE-

42 USC Sec. 7218 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part A - Conflict of Interest Provisions

-HEAD-

Sec. 7218. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.

4304(b)(6), Feb. 10, 1996, 110 Stat. 664

-MISC1-

Section, Pub. L. 95-91, title VI, Sec. 603, formerly Sec. 608,

Aug. 4, 1977, 91 Stat. 596; renumbered Sec. 603 and amended, Pub.

L. 103-160, div. C, title XXXI, Sec. 3161(c)(1)(D), (E), Nov. 30,

1993, 107 Stat. 1958, related to sanctions.

A prior section 603 of Pub. L. 95-91 was classified to section

7213 of this title prior to repeal by Pub. L. 103-160.

EFFECTIVE DATE OF REPEAL

For effective date and applicability of repeal, see section 4401

of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment

note under section 251 of Title 41, Public Contracts.

-End-

-CITE-

42 USC Part B - Personnel Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

PART B - PERSONNEL PROVISIONS

-End-

-CITE-

42 USC Sec. 7231 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7231. Officers and employees

-STATUTE-

(a) Authority of Secretary to appoint and fix compensation

In the performance of his functions the Secretary is authorized

to appoint and fix the compensation of such officers and employees,

including attorneys, as may be necessary to carry out such

functions. Except as otherwise provided in this section, such

officers and employees shall be appointed in accordance with the

civil service laws and their compensation fixed in accordance with

title 5.

(b) Appointment of scientific, engineering, etc., personnel without

regard to civil service laws; compensation; termination of

authority

(1) Subject to the limitations provided in paragraph (2) and to

the extent the Secretary deems such action necessary to the

discharge of his functions, he may appoint not more than three

hundred eleven of the scientific, engineering, professional, and

administrative personnel of the department without regard to the

civil service laws, and may fix the compensation of such personnel

not in excess of the maximum rate payable for GS-18 of the General

Schedule under section 5332 of title 5.

(2) The Secretary's authority under this subsection to appoint an

individual to such a position without regard to the civil service

laws shall cease -

(A) when a person appointed, within four years after October 1,

1977, to fill such position under paragraph (1) leaves such

position, or

(B) on the day which is four years after such date,

whichever is later.

(c) Placement of GS-16, GS-17, and GS-18 positions without regard

to section 3324 of title 5; termination of authority

(1) Subject to the provisions of chapter 51 of title 5 but

notwithstanding the last two sentences of section 5108(a) (!1) of

such title, the Secretary may place at GS-16, GS-17, and GS-18, not

to exceed one hundred seventy-eight positions of the positions

subject to the limitation of the first sentence of section 5108(a)

(!1) of such title.

(2) Appointments under this subsection may be made without regard

to the provisions of sections 3324 of title 5, relating to the

approval by the Director of the Office of Personnel Management of

appointments under GS-16, GS-17, and GS-18 if the individual placed

in such position is an individual who is transferred in connection

with a transfer of functions under this chapter and who,

immediately before October 1, 1977, held a position and duties

comparable to those of such position.

(3) The Secretary's authority under this subsection with respect

to any position shall cease when the person first appointed to fill

such position leaves such position.

(d) Appointment of additional scientific, engineering, etc.,

personnel without regard to civil service laws; compensation

In addition to the number of positions which may be placed at

GS-16, GS-17, and GS-18 under section 5108 of title 5, under

existing law, or under this chapter, and to the extent the

Secretary deems such action necessary to the discharge of his

functions, he may appoint not more than two hundred of the

scientific, engineering, professional, and administrative personnel

without regard to the civil service laws and may fix the

compensation of such personnel not in excess of the maximum rate

payable for GS-18 of the General Schedule under section 5332 of

title 5.

(e) Determination of maximum aggregate number of positions

For the purposes of determining the maximum aggregate number of

positions which may be placed at GS-16, GS-17, or GS-18 under

section 5108(a) of title 5, 63 percent of the positions established

under subsections (b) and (c) of this section shall be deemed GS-16

positions, 25 percent of such positions shall be deemed GS-17

positions, and 12 percent of such positions shall be deemed GS-18.

(f) Intelligence and intelligence-related positions exempt from

competitive service

All positions in the Department which the Secretary determines

are devoted to intelligence and intelligence-related activities of

the United States Government are excepted from the competitive

service, and the individuals who occupy such positions as of August

14, 1991, shall, while employed in such positions, be exempt from

the competitive service.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 621, Aug. 4, 1977, 91 Stat. 596;

1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,

92 Stat. 3784; Pub. L. 102-88, title IV, Sec. 403, Aug. 14, 1991,

105 Stat. 434.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsecs. (a), (b)(1), (2),

and (d), are set out in Title 5, Government Organization and

Employees. See, particularly, section 3301 et seq. of Title 5.

Section 5108(a) of title 5, referred to in subsec. (c)(1), was

amended generally by Pub. L. 101-509, title V, Sec. 529 [title I,

Sec. 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443, and, as so

amended, contains only one sentence.

This chapter, referred to in subsecs. (c)(2) and (d), was in the

original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat.

565, as amended, known as the Department of Energy Organization

Act, which is classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 7101 of this title and Tables.

-COD-

CODIFICATION

August 14, 1991, referred to in subsec. (f), was in the original

"the date of enactment of this Act", which was translated as

meaning the date of enactment of Pub. L. 102-88, which enacted

subsec. (f) of this section, to reflect the probable intent of

Congress.

-MISC1-

AMENDMENTS

1991 - Subsec. (f). Pub. L. 102-88 added subsec. (f).

-TRANS-

TRANSFER OF FUNCTIONS

"Director of the Office of Personnel Management" substituted for

"Civil Service Commission" in subsec. (c)(2), pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred all functions vested by statute in

United States Civil Service Commission to Director of Office of

Personnel Management (except as otherwise specified), effective

Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

-MISC2-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND

TECHNICAL PERSONNEL

Pub. L. 103-337, div. C, title XXXI, Sec. 3161, Oct. 5, 1994, 108

Stat. 3095, as amended by Pub. L. 105-85, div. C, title XXXI, Sec.

3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105-261, div. C, title

XXXI, Secs. 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub.

L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3191], Oct. 30, 2000,

114 Stat. 1654, 1654A-480; Pub. L. 107-314, div. C, title XXXI,

Sec. 3174, Dec. 2, 2002, 116 Stat. 2745, provided that:

"(a) Authority. - (1) Notwithstanding any provision of title 5,

United States Code, governing appointments in the competitive

service and General Schedule classification and pay rates, the

Secretary of Energy may -

"(A) establish and set the rates of pay for not more than 200

positions in the Department of Energy for scientific,

engineering, and technical personnel whose duties will relate to

safety at defense nuclear facilities of the Department; and

"(B) appoint persons to such positions.

"(2) The rate of pay for a position established under paragraph

(1) may not exceed the rate of pay payable for level III of the

Executive Schedule under section 5314 of title 5, United States

Code.

"(3) To the maximum extent practicable, the Secretary shall

appoint persons under paragraph (1)(B) to the positions established

under paragraph (1)(A) in accordance with the merit system

principles set forth in section 2301 of such title.

"(4) The Secretary may not appoint more than 100 persons during

fiscal year 1995 under the authority provided in this subsection.

"(b) OPM Review. - (1) The Secretary shall enter into an

agreement with the Director of the Office of Personnel Management

under which agreement the Director shall periodically evaluate the

use of the authority set forth in subsection (a)(1). The Secretary

shall reimburse the Director for evaluations conducted by the

Director pursuant to the agreement. Any such reimbursement shall be

credited to the revolving fund referred to in section 1304(e) of

title 5, United States Code.

"(2) If the Director determines as a result of such evaluation

that the Secretary of Energy is not appointing persons to positions

under such authority in a manner consistent with the merit system

principles set forth in section 2301 of title 5, United States

Code, or is setting rates of pay at levels that are not appropriate

for the qualifications and experience of the persons appointed and

the duties of the positions involved, the Director shall notify the

Secretary and Congress of that determination.

"(3) Upon receipt of a notification under paragraph (2), the

Secretary shall -

"(A) take appropriate actions to appoint persons to positions

under such authority in a manner consistent with such principles

or to set rates of pay at levels that are appropriate for the

qualifications and experience of the persons appointed and the

duties of the positions involved; or

"(B) cease appointment of persons under such authority.

"(c) Termination. - (1) The authority provided under subsection

(a)(1) shall terminate on September 30, 2004.

"(2) An employee may not be separated from employment with the

Department of Energy or receive a reduction in pay by reason of the

termination of authority under paragraph (1)."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7232 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7232. Senior positions

-STATUTE-

In addition to those positions created by subchapter II of this

chapter, there shall be within the Department fourteen additional

officers in positions authorized by section 5316 of title 5 who

shall be appointed by the Secretary and who shall perform such

functions as the Secretary shall prescribe from time to time.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 622, Aug. 4, 1977, 91 Stat. 597.)

-End-

-CITE-

42 USC Sec. 7233 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7233. Experts and consultants

-STATUTE-

The Secretary may obtain services as authorized by section 3109

of title 5, at rates not to exceed the daily rate prescribed for

grade GS-18 of the General Schedule under section 5332 of title 5

for persons in Government service employed intermittently.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 623, Aug. 4, 1977, 91 Stat. 598.)

-MISC1-

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

-End-

-CITE-

42 USC Sec. 7234 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7234. Advisory committees

-STATUTE-

The Secretary is authorized to establish in accordance with the

Federal Advisory Committee Act such advisory committees as he may

deem appropriate to assist in the performance of his functions.

Members of such advisory committees, other than full-time employees

of the Federal Government, while attending meetings of such

committees or while otherwise serving at the request of the

Secretary while serving away from their homes or regular places of

business, may be allowed travel expenses, including per diem in

lieu of subsistence, as authorized by section 5703 of title 5 for

individuals in the Government serving without pay.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 624, Aug. 4, 1977, 91 Stat. 598;

Pub. L. 105-28, Sec. 2(b)(1), July 18, 1997, 111 Stat. 245.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in text, is Pub.

L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out

in the Appendix to Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-28 struck out subsec. (a) designation and

struck out subsec. (b) which read as follows: "Section 776 of title

15 shall be applicable to advisory committees chartered by the

Secretary, or transferred to the Secretary or the Department under

this chapter, except that where an advisory committee advises the

Secretary on matters pertaining to research and development, the

Secretary may determine that such meeting shall be closed because

it involves research and development matters and comes within the

exemption of section 552b(c)(4) of title 5."

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5588 of this title.

-End-

-CITE-

42 USC Sec. 7235 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7235. Armed services personnel

-STATUTE-

(a) The Secretary is authorized to provide for participation of

Armed Forces personnel in carrying out functions authorized to be

performed, on August 4, 1977, in the Energy Research and

Development Administration and under chapter 641 of title 10.

Members of the Armed Forces may be detailed for service in the

Department by the Secretary concerned (as such term is defined in

section 101 of such title) pursuant to cooperative agreements with

the Secretary.

(b) The detail of any personnel to the Department under this

section shall in no way affect status, office, rank, or grade which

officers or enlisted men may occupy or hold or any emolument,

perquisite, right, privilege, or benefit incident to, or arising

out of, such status, office, rank, or grade. A member so detailed

shall not be subject to direction or control by his armed force, or

any officer thereof, directly or indirectly, with respect to the

responsibilities exercised in the position to which detailed.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 625, Aug. 4, 1977, 91 Stat. 598;

Pub. L. 95-509, title II, Sec. 210, Oct. 24, 1978, 92 Stat. 1779.)

-MISC1-

AMENDMENTS

1978 - Subsec. (b). Pub. L. 95-509 struck out requirement that a

detailed member be charged to the limitations applicable to the

Department and prohibition of such member from being charged to any

statutory or other limitation or strengths applicable to the Armed

Forces.

-End-

-CITE-

42 USC Sec. 7236 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7236. Executive management training in Department of Energy

-STATUTE-

(a) Establishment of training program

The Secretary of Energy shall establish and implement a

management training program for personnel of the Department of

Energy involved in the management of atomic energy defense

activities.

(b) Training provisions

The training program shall at a minimum include instruction in

the following areas:

(1) Department of Energy policy and procedures for management

and operation of atomic energy defense facilities.

(2) Methods of evaluating technical performance.

(3) Federal and State environmental laws and requirements for

compliance with such environmental laws, including timely

compliance with reporting requirements in such laws.

(4) The establishment of program milestones and methods to

evaluate success in meeting such milestones.

(5) Methods for conducting long-range technical and budget

planning.

(6) Procedures for reviewing and applying innovative technology

to environmental restoration and defense waste management.

-SOURCE-

(Pub. L. 101-189, div. C, title XXXI, Sec. 3142, Nov. 29, 1989, 103

Stat. 1680.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1990 and 1991, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7237 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7237. Priority placement, job placement, retraining, and

counseling programs for United States Department of Energy

employees affected by reduction in force

-STATUTE-

(a) Definitions

(1) For the purposes of this section, the term "agency" means the

United States Department of Energy.

(2) For the purposes of this section, the term "eligible

employee" means any employee of the agency who -

(A) is scheduled to be separated from service due to a

reduction in force under -

(i) regulations prescribed under section 3502 of title 5; or

(ii) procedures established under section 3595 of title 5; or

(B) is separated from service due to such a reduction in force,

but does not include -

(i) an employee separated from service for cause on charges

of misconduct or delinquency; or

(ii) an employee who, at the time of separation, meets the

age and service requirements for an immediate annuity under

subchapter III of chapter 83 or chapter 84 of title 5.

(b) Priority placement and retraining program

Not later than 30 days after September 30, 1996, the United

States Department of Energy shall establish an agency-wide priority

placement and retraining program for eligible employees.

(c) Filling vacancy from outside agency

The priority placement program established under subsection (b)

of this section shall include provisions under which a vacant

position shall not be filled by the appointment or transfer of any

individual from outside of the agency if -

(1) there is then available any eligible employee who applies

for the position within 30 days of the agency issuing a job

announcement and is qualified (or can be trained or retrained to

become qualified within 90 days of assuming the position) for the

position; and

(2) the position is within the same commuting area as the

eligible employee's last-held position or residence.

(d) Job placement and counseling services

The head of the agency may establish a program to provide job

placement and counseling services to eligible employees. A program

established under subsection (d) of this section may include, but

is not limited to, such services as -

(1) career and personal counseling;

(2) training and job search skills; and

(3) job placement assistance, including assistance provided

through cooperative arrangements with State and local employment

services offices.

-SOURCE-

(Pub. L. 104-206, title III, Sec. 301, Sept. 30, 1996, 110 Stat.

2999.)

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 1997, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7238 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7238. Temporary appointments for scientific and technical

experts in Department of Energy research and development programs

-STATUTE-

(a) The Secretary, utilizing authority under other applicable law

and the authority of this section, may appoint for a limited term,

or on a temporary basis, scientists, engineers, and other technical

and professional personnel on leave of absence from academic,

industrial, or research institutions to work for the Department.

(b) The Department may pay, to the extent authorized for certain

other Federal employees by section 5723 of title 5, travel expenses

for any individual appointed for a limited term or on a temporary

basis and transportation expenses of his or her immediate family

and his or her household goods and personal effects from that

individual's residence at the time of selection or assignment to

his or her duty station. The Department may pay such travel

expenses to the same extent for such an individual's return to the

former place of residence from his or her duty station, upon

separation from the Federal service following an agreed period of

service. The Department may also pay a per diem allowance at a rate

not to exceed the daily amounts prescribed under section 5702 of

title 5 to such an individual, in lieu of transportation expenses

of the immediate family and household goods and personal effects,

for the period of his or her employment with the Department.

Notwithstanding any other provision of law, the employer's

contribution to any retirement, life insurance, or health benefit

plan for an individual appointed for a term of one year or less,

which could be extended for no more than one additional year, may

be made or reimbursed from appropriations available to the

Department.

-SOURCE-

(Pub. L. 104-271, title III, Sec. 301, Oct. 9, 1996, 110 Stat.

3307.)

-COD-

CODIFICATION

Section was enacted as part of the Hydrogen Future Act of 1996,

and not as part of the Department of Energy Organization Act which

comprises this chapter.

-CROSS-

DEFINITIONS

Section 2 of Pub. L. 104-271 provided that: "For purposes of

titles II and III [enacting this section and provisions set out as

a note under section 12403 of this title] -

"(1) the term 'Department' means the Department of Energy; and

"(2) the term 'Secretary' means the Secretary of Energy."

-End-

-CITE-

42 USC Sec. 7239 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part B - Personnel Provisions

-HEAD-

Sec. 7239. Whistleblower protection program

-STATUTE-

(a) Program required

The Secretary of Energy shall establish a program to ensure that

covered individuals may not be discharged, demoted, or otherwise

discriminated against as a reprisal for making protected

disclosures.

(b) Covered individuals

For purposes of this section, a covered individual is an

individual who is an employee of the Department of Energy, or of a

contractor of the Department, who is engaged in the defense

activities of the Department.

(c) Protected disclosures

For purposes of this section, a protected disclosure is a

disclosure -

(1) made by a covered individual who takes appropriate steps to

protect the security of the information in accordance with

guidance provided under this section;

(2) made to a person or entity specified in subsection (d) of

this section; and

(3) of classified or other information that the covered

individual reasonably believes to provide direct and specific

evidence of any of the following:

(A) A violation of law or Federal regulation.

(B) Gross mismanagement, a gross waste of funds, or abuse of

authority.

(C) A false statement to Congress on an issue of material

fact.

(d) Persons and entities to which disclosures may be made

A person or entity specified in this subsection is any of the

following:

(1) A member of a committee of Congress having primary

responsibility for oversight of the department, agency, or

element of the Government to which the disclosed information

relates.

(2) An employee of Congress who is a staff member of such a

committee and has an appropriate security clearance for access to

information of the type disclosed.

(3) The Inspector General of the Department of Energy.

(4) The Federal Bureau of Investigation.

(5) Any other element of the Government designated by the

Secretary as authorized to receive information of the type

disclosed.

(e) Official capacity of persons to whom information is disclosed

A member of, or an employee of Congress who is a staff member of,

a committee of Congress specified in subsection (d) of this section

who receives a protected disclosure under this section does so in

that member or employee's official capacity as such a member or

employee.

(f) Assistance and guidance

The Secretary, acting through the Inspector General of the

Department of Energy, shall provide assistance and guidance to each

covered individual who seeks to make a protected disclosure under

this section. Such assistance and guidance shall include the

following:

(1) Identifying the persons or entities under subsection (d) of

this section to which that disclosure may be made.

(2) Advising that individual regarding the steps to be taken to

protect the security of the information to be disclosed.

(3) Taking appropriate actions to protect the identity of that

individual throughout that disclosure.

(4) Taking appropriate actions to coordinate that disclosure

with any other Federal agency or agencies that originated the

information.

(g) Regulations

The Secretary shall prescribe regulations to ensure the security

of any information disclosed under this section.

(h) Notification to covered individuals

The Secretary shall notify each covered individual of the

following:

(1) The rights of that individual under this section.

(2) The assistance and guidance provided under this section.

(3) That the individual has a responsibility to obtain that

assistance and guidance before seeking to make a protected

disclosure.

(i) Complaint by covered individuals

If a covered individual believes that that individual has been

discharged, demoted, or otherwise discriminated against as a

reprisal for making a protected disclosure under this section, the

individual may submit a complaint relating to such matter to the

Director of the Office of Hearings and Appeals of the Department of

Energy.

(j) Investigation by Office of Hearings and Appeals

(1) For each complaint submitted under subsection (i) of this

section, the Director of the Office of Hearings and Appeals shall -

(A) determine whether or not the complaint is frivolous; and

(B) if the Director determines the complaint is not frivolous,

conduct an investigation of the complaint.

(2) The Director shall submit a report on each investigation

undertaken under paragraph (1)(B) to -

(A) the individual who submitted the complaint on which the

investigation is based;

(B) the contractor concerned, if any; and

(C) the Secretary of Energy.

(k) Remedial action

(1) Whenever the Secretary determines that a covered individual

has been discharged, demoted, or otherwise discriminated against as

a reprisal for making a protected disclosure under this section,

the Secretary shall -

(A) in the case of a Department employee, take appropriate

actions to abate the action; or

(B) in the case of a contractor employee, order the contractor

concerned to take appropriate actions to abate the action.

(2)(A) If a contractor fails to comply with an order issued under

paragraph (1)(B), the Secretary may file an action for enforcement

of the order in the appropriate United States district court.

(B) In any action brought under subparagraph (A), the court may

grant appropriate relief, including injunctive relief and

compensatory and exemplary damages.

(l) Relationship to other laws

The protections provided by this section are independent of, and

not subject to any limitations that may be provided in, the

Whistleblower Protection Act of 1989 (Public Law 101-512) (!1) or

any other law that may provide protection for disclosures of

information by employees of the Department of Energy or of a

contractor of the Department.

(m) Annual report

(1) Not later than 30 days after the commencement of each fiscal

year, the Director shall submit to the Committee on Armed Services

of the Senate and the Committee on Armed Services of the House of

Representatives a report on the investigations undertaken under

subsection (j)(1)(B) of this section during the preceding fiscal

year, including a summary of the results of each such

investigation.

(2) A report under paragraph (1) may not identify or otherwise

provide any information about an individual submitting a complaint

under this section without the consent of the individual.

(n) Implementation report

Not later than 60 days after October 5, 1999, the Secretary shall

submit to the Committee on Armed Services of the Senate and the

Committee on Armed Services of the House of Representatives a

report describing the implementation of the program required by

this section.

-SOURCE-

(Pub. L. 106-65, div. C, title XXXI, Sec. 3164, Oct. 5, 1999, 113

Stat. 946.)

-REFTEXT-

REFERENCES IN TEXT

The Whistleblower Protection Act of 1989, referred to in subsec.

(l), is Pub. L. 101-12, Apr. 10, 1989, 103 Stat. 16, as amended,

which enacted subchapters II (Sec. 1211 et seq.) and III (Sec. 1221

et seq.) of chapter 12 and section 3352 of Title 5, Government

Organization and Employees, amended sections 1201 to 1206, 1209,

1211, 2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of

Title 5 and section 4139 of Title 22, Foreign Relations and

Intercourse, repealed sections 1207 and 1208 of Title 5, and

enacted provisions set out as notes under sections 1201, 1211, and

5509 of Title 5. For complete classification of this Act to the

Code, see Short Title of 1989 Amendment note set out under section

1201 of Title 5 and Tables.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 2000, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Part C - General Administrative Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

PART C - GENERAL ADMINISTRATIVE PROVISIONS

-End-

-CITE-

42 USC Sec. 7251 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7251. General authority

-STATUTE-

To the extent necessary or appropriate to perform any function

transferred by this chapter, the Secretary or any officer or

employee of the Department may exercise, in carrying out the

function so transferred, any authority or part thereof available by

law, including appropriation Acts, to the official or agency from

which such function was transferred.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 641, Aug. 4, 1977, 91 Stat. 598.)

-MISC1-

DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD

Pub. L. 105-85, div. C, title XXXI, Sec. 3161, Nov. 18, 1997, 111

Stat. 2048, required the Secretary of Energy to establish the

Department of Energy Security Management Board, and provided for

its duties which related to the security functions of the

Department, and its membership, appointments, personnel,

compensation, expenses, and termination on Oct. 31, 2000, prior to

repeal by Pub. L. 106-65, div. C, title XXXI, Sec. 3142(h)(1), Oct.

5, 1999, 113 Stat. 933.

-End-

-CITE-

42 USC Sec. 7252 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7252. Delegation

-STATUTE-

Except as otherwise expressly prohibited by law, and except as

otherwise provided in this chapter, the Secretary may delegate any

of his functions to such officers and employees of the Department

as he may designate, and may authorize such successive

redelegations of such functions within the Department as he may

deem to be necessary or appropriate.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 642, Aug. 4, 1977, 91 Stat. 599.)

-MISC1-

REORGANIZATION OF FIELD ACTIVITIES AND MANAGEMENT OF NATIONAL

SECURITY FUNCTIONS

Pub. L. 104-206, title III, Sec. 302, Sept. 30, 1996, 110 Stat.

2999, provided that: "None of the funds appropriated by this or any

other Act may be used to implement section 3140 of H.R. 3230 as

reported by the Committee of Conference on July 30, 1996 [Pub. L.

104-201, set out below]. The Secretary of Energy shall develop a

plan to reorganize the field activities and management of the

national security functions of the Department of Energy and shall

submit such plan to the Congress not later than 120 days after the

date of enactment of this Act [Sept. 30, 1996]. The plan will

specifically identify all significant functions performed by the

Department's national security operations and area offices and make

recommendations as to where those functions should be performed."

Pub. L. 104-201, div. C, title XXXI, Sec. 3140, Sept. 23, 1996,

110 Stat. 2833, provided that:

"(a) Limitation on Delegation of Authority. - (1) The Secretary

of Energy, in carrying out national security programs, may delegate

specific management and planning authority over matters relating to

site operation of the facilities and laboratories covered by this

section only to the Assistant Secretary of Energy for Defense

Programs. Such Assistant Secretary may redelegate such authority

only to managers of area offices of the Department of Energy

located at such facilities and laboratories.

"(2) Nothing in this section may be construed as affecting the

delegation by the Secretary of Energy of authority relating to

reporting, management, and oversight of matters relating to the

Department of Energy generally, or safety, environment, and health

at such facilities and laboratories.

"(b) Requirement To Consult With Area Offices. - The Assistant

Secretary of Energy for Defense Programs, in exercising any

delegated authority to oversee management of matters relating to

site operation of a facility or laboratory, shall exercise such

authority only after direct consultation with the manager of the

area office of the Department of Energy located at the facility or

laboratory.

"(c) Requirement for Direct Communication From Area Offices. -

The Secretary of Energy, acting through the Assistant Secretary of

Energy for Defense Programs, shall require the head of each area

office of the Department of Energy located at each facility and

laboratory covered by this section to report on matters relating to

site operation other than those matters set forth in subsection

(a)(2) directly to the Assistant Secretary of Energy for Defense

Programs, without obtaining the approval or concurrence of any

other official within the Department of Energy.

"(d) Defense Programs Reorganization Plan and Report. - (1) The

Secretary of Energy shall develop a plan to reorganize the field

activities and management of the national security functions of the

Department of Energy.

"(2) Not later than 120 days after the date of the enactment of

this Act [Sept. 23, 1996], the Secretary shall submit to Congress a

report on the plan developed under paragraph (1). The report shall

specifically identify all significant functions performed by the

operations offices relating to any of the facilities and

laboratories covered by this section and which of those functions

could be performed -

"(A) by the area offices of the Department of Energy located at

the facilities and laboratories covered by this section; or

"(B) by the Assistant Secretary of Energy for Defense Programs.

"(3) The report also shall address and make recommendations with

respect to other internal streamlining and reorganization

initiatives that the Department could pursue with respect to

military or national security programs.

"(e) Defense Programs Management Council. - The Secretary of

Energy shall establish a council to be known as the 'Defense

Programs Management Council'. The Council shall advise the

Secretary on policy matters, operational concerns, strategic

planning, and development of priorities relating to the national

security functions of the Department of Energy. The Council shall

be composed of the directors of the facilities and laboratories

covered by this section and shall report directly to the Assistant

Secretary of Energy for Defense Programs.

"(f) Covered Site Operations. - For purposes of this section,

matters relating to site operation of a facility or laboratory

include matters relating to personnel, budget, and procurement in

national security programs.

"(g) Covered Facilities and Laboratories. - This section applies

to the following facilities and laboratories of the Department of

Energy:

"(1) The Kansas City Plant, Kansas City, Missouri.

"(2) The Pantex Plant, Amarillo, Texas.

"(3) The Y-12 Plant, Oak Ridge, Tennessee.

"(4) The Savannah River Site, Aiken, South Carolina.

"(5) Los Alamos National Laboratory, Los Alamos, New Mexico.

"(6) Sandia National Laboratories, Albuquerque, New Mexico.

"(7) Lawrence Livermore National Laboratory, Livermore,

California.

"(8) The Nevada Test Site, Nevada."

[All national security functions and activities performed

immediately before Oct. 5, 1999 by covered facilities listed in

section 3140(g) of Pub. L. 104-201, set out above, transferred to

the Administrator for Nuclear Security of the National Nuclear

Security Administration of the Department of Energy, see section

2481 of Title 50, War and National Defense.]

-End-

-CITE-

42 USC Sec. 7253 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7253. Reorganization

-STATUTE-

(a) Subject to subsection (b) of this section, the Secretary is

authorized to establish, alter, consolidate or discontinue such

organizational units or components within the Department as he may

deem to be necessary or appropriate. Such authority shall not

extend to the abolition of organizational units or components

established by this chapter, or to the transfer of functions vested

by this chapter in any organizational unit or component.

(b) (!1) The authority of the Secretary to establish, abolish,

alter, consolidate, or discontinue any organizational unit or

component of the National Nuclear Security Administration is

governed by the provisions of section 2409 of title 50.

(b) (!1) The authority of the Secretary under subsection (a) of

this section does not apply to the National Nuclear Security

Administration. The corresponding authority that applies to the

Administration is set forth in section 2402(e) (!2) of title 50.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 643, Aug. 4, 1977, 91 Stat. 599;

Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 314(b)], Oct. 27,

2000, 114 Stat. 1441, 1441A-81; Pub. L. 106-398, Sec. 1 [div. C,

title XXXI, Sec. 3159(b)], Oct. 30, 2000, 114 Stat. 1654,

1654A-470.)

-REFTEXT-

REFERENCES IN TEXT

Section 2402(e) of title 50, referred to in subsec. (b) set out

second, probably means the subsec. (e) of section 2402 which

relates to reorganization authority and was added by Pub. L.

106-398, Sec. 1 [div. C, title XXXI, Sec. 3159(a)] Oct. 30, 2000,

114 Stat. 1654, 1654A-469 and redesignated section 2402(f) of title

50 by Pub. L. 107-107, div. A, title X, Sec. 1048(i)(12), Dec. 28,

2001, 115 Stat. 1230.

-MISC1-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,

Sec. 3159(b)(1)], which directed amendment of section by

substituting "(a) Except as provided in subsection (b) of this

section, the Secretary" for "The Secretary", could not be executed

because the words "The Secretary" did not appear after execution of

the amendment by Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec.

314(b)(1)]. See below.

Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 314(b)(1)],

designated existing provisions as subsec. (a) and substituted

"Subject to subsection (b) of this section, the Secretary" for "The

Secretary".

Subsec. (b). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.

3159(b)(2)], added subsec. (b) relating to nonapplicability of

authority of Secretary under subsec. (a) of this section to

National Nuclear Security Administration.

Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 314(b)(2)], added

subsec. (b) relating to authority of Secretary as to National

Nuclear Security Administration.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 2409.

-FOOTNOTE-

(!1) So in original. Two subsecs. (b) have been enacted.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7254 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7254. Rules and regulations

-STATUTE-

The Secretary is authorized to prescribe such procedural and

administrative rules and regulations as he may deem necessary or

appropriate to administer and manage the functions now or hereafter

vested in him.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 644, Aug. 4, 1977, 91 Stat. 599.)

-End-

-CITE-

42 USC Sec. 7255 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7255. Subpoena

-STATUTE-

For the purpose of carrying out the provisions of this chapter,

the Secretary, or his duly authorized agent or agents, shall have

the same powers and authorities as the Federal Trade Commission

under section 49 of title 15 with respect to all functions vested

in, or transferred or delegated to, the Secretary or such agents by

this chapter. For purposes of carrying out its responsibilities

under the Natural Gas Policy Act of 1978 [15 U.S.C. 3301 et seq.],

the Commission shall have the same powers and authority as the

Secretary has under this section.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 645, Aug. 4, 1977, 91 Stat. 599;

Pub. L. 95-621, title V, Sec. 508(a), Nov. 9, 1978, 92 Stat. 3408.)

-REFTEXT-

REFERENCES IN TEXT

The Natural Gas Policy Act of 1978, referred to in text, is Pub.

L. 95-621, Nov. 9, 1978, 92 Stat. 3350, which is classified

generally to chapter 60 (Sec. 3301 et seq.) of Title 15, Commerce

and Trade. For complete classification of this Act to the Code, see

Short Title note set out under section 3301 of Title 15 and Tables.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-621 inserted provision giving the Commission

the same powers and authority as the Secretary under this section

for purposes of carrying out its responsibilities under the Natural

Gas Policy Act of 1978.

-End-

-CITE-

42 USC Sec. 7256 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7256. Contracts, leases, etc., with public agencies and

private organizations and persons

-STATUTE-

(a) General authority

The Secretary is authorized to enter into and perform such

contracts, leases, cooperative agreements, or other similar

transactions with public agencies and private organizations and

persons, and to make such payments (in lump sum or installments,

and by way of advance or reimbursement) as he may deem to be

necessary or appropriate to carry out functions now or hereafter

vested in the Secretary.

(b) Limitation on authority; appropriations

Notwithstanding any other provision of this subchapter, no

authority to enter into contracts or to make payments under this

subchapter shall be effective except to such extent or in such

amounts as are provided in advance in appropriation Acts.

(c) Leasing of excess Department of Energy property

The Secretary may lease, upon terms and conditions the Secretary

considers appropriate to promote national security or the public

interest, acquired real property and related personal property that

-

(1) is located at a facility of the Department of Energy to be

closed or reconfigured;

(2) at the time the lease is entered into, is not needed by the

Department of Energy; and

(3) is under the control of the Department of Energy.

(d) Terms of lease

(1) A lease entered into under subsection (c) of this section may

not be for a term of more than 10 years, except that the Secretary

may enter into a lease that includes an option to renew for a term

of more than 10 years if the Secretary determines that entering

into such a lease will promote the national security or be in the

public interest.

(2) A lease entered into under subsection (c) of this section may

provide for the payment (in cash or in kind) by the lessee of

consideration in an amount that is less than the fair market rental

value of the leasehold interest. Services relating to the

protection and maintenance of the leased property may constitute

all or part of such consideration.

(e) Environmental concerns

(1) Before entering into a lease under subsection (c) of this

section, the Secretary shall consult with the Administrator of the

Environmental Protection Agency (with respect to property located

on a site on the National Priorities List) or the appropriate State

official (with respect to property located on a site that is not

listed on the National Priorities List) to determine whether the

environmental conditions of the property are such that leasing the

property, and the terms and conditions of the lease agreement, are

consistent with safety and the protection of public health and the

environment.

(2) Before entering into a lease under subsection (c) of this

section, the Secretary shall obtain the concurrence of the

Administrator of the Environmental Protection Agency or the

appropriate State official, as the case may be, in the

determination required under paragraph (1). The Secretary may enter

into a lease under subsection (c) of this section without obtaining

such concurrence if, within 60 days after the Secretary requests

the concurrence, the Administrator or appropriate State official,

as the case may be, fails to submit to the Secretary a notice of

such individual's concurrence with, or rejection of, the

determination.

(f) Retention and use of rentals; report

To the extent provided in advance in appropriations Acts, the

Secretary may retain and use money rentals received by the

Secretary directly from a lease entered into under subsection (c)

of this section in any amount the Secretary considers necessary to

cover the administrative expenses of the lease, the maintenance and

repair of the leased property, or environmental restoration

activities at the facility where the leased property is located.

Amounts retained under this subsection shall be retained in a

separate fund established in the Treasury for such purpose. The

Secretary shall annually submit to the Congress a report on amounts

retained and amounts used under this subsection.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 646, Aug. 4, 1977, 91 Stat. 599;

Pub. L. 103-160, div. C, title XXXI, Sec. 3154, Nov. 30, 1993, 107

Stat. 1952.)

-MISC1-

AMENDMENTS

1993 - Subsecs. (c) to (f). Pub. L. 103-160 added subsecs. (c) to

(f).

PILOT PROGRAM RELATING TO USE OF PROCEEDS OF DISPOSAL OR

UTILIZATION OF CERTAIN DEPARTMENT OF ENERGY ASSETS

Pub. L. 105-85, div. C, title XXXI, Sec. 3138, Nov. 18, 1997, 111

Stat. 2039, provided that:

"(a) Purpose. - The purpose of this section is to encourage the

Secretary of Energy to dispose of or otherwise utilize certain

assets of the Department of Energy by making available to the

Secretary the proceeds of such disposal or utilization for purposes

of defraying the costs of such disposal or utilization.

"(b) Use of Proceeds To Defray Costs. - (1) Notwithstanding

section 3302 of title 31, United States Code, the Secretary may

retain from the proceeds of the sale, lease, or disposal of an

asset under subsection (c) an amount equal to the cost of the sale,

lease, or disposal of the asset. The Secretary shall utilize

amounts retained under this paragraph to defray the cost of the

sale, lease, or disposal.

"(2) For purposes of paragraph (1), the cost of a sale, lease, or

disposal shall include -

"(A) the cost of administering the sale, lease, or disposal;

"(B) the cost of recovering or preparing the asset concerned

for the sale, lease, or disposal; and

"(C) any other cost associated with the sale, lease, or

disposal.

"(c) Covered Transactions. - Subsection (b) applies to the

following transactions:

"(1) The sale of heavy water at the Savannah River Site, South

Carolina, that is under the jurisdiction of the Defense

Environmental Management Program.

"(2) The sale of precious metals that are under the

jurisdiction of the Defense Environmental Management Program.

"(3) The lease of buildings and other facilities located at the

Hanford Reservation, Washington, that are under the jurisdiction

of the Defense Environmental Management Program.

"(4) The lease of buildings and other facilities located at the

Savannah River Site that are under the jurisdiction of the

Defense Environmental Management Program.

"(5) The disposal of equipment and other personal property

located at the Rocky Flats Defense Environmental Technology Site,

Colorado, that is under the jurisdiction of the Defense

Environmental Management Program.

"(6) The disposal of materials at the National Electronics

Recycling Center, Oak Ridge, Tennessee that are under the

jurisdiction of the Defense Environmental Management Program.

"(d) Applicability of Disposal Authority. - Nothing in this

section shall be construed to limit the application of sections 202

and 203(j) of the Federal Property and Administrative Services Act

of 1949 (40 U.S.C. 483 and 484(j)) [now 40 U.S.C. 521-527, 529,

549(a)-(e)] to the disposal of equipment and other personal

property covered by this section.

"(e) Report. - Not later than January 31, 1999, the Secretary

shall submit to the congressional defense committees [Committees on

Armed Services and Appropriations of Senate and House of

Representatives] a report on amounts retained by the Secretary

under subsection (b) during fiscal year 1998."

CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN

INSTITUTIONS OF HIGHER EDUCATION

Section 3159 of Pub. L. 103-160, as amended by Pub. L. 103-337,

div. A, title X, Sec. 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857,

provided that:

"(a) Goal. - Except as provided in subsection (c), a goal of 5

percent of the amount described in subsection (b) shall be the

objective of the Department of Energy in carrying out national

security programs of the Department in each of fiscal years 1994

through 2000 for the total combined amount obligated for contracts

and subcontracts entered into with -

"(1) small business concerns, including mass media and

advertising firms, owned and controlled by socially and

economically disadvantaged individuals (as such term is used in

section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and

regulations issued under that section), the majority of the

earnings of which directly accrue to such individuals;

"(2) historically Black colleges and universities, including

any nonprofit research institution that was an integral part of

such a college or university before November 14, 1986; and

"(3) minority institutions (as defined in section 1046(3) of

the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3))), which,

for the purposes of this section, shall include Hispanic-serving

institutions (as defined in section 316(b)(1) of such Act (20

U.S.C. 1059c(b)(1))).

"(b) Amount. - (1) Except as provided in paragraph (2), the

requirements of subsection (a) for any fiscal year apply to the

combined total of the funds obligated for contracts entered into by

the Department of Energy pursuant to competitive procedures for

such fiscal year for purposes of carrying out national security

programs of the Department.

"(2) In computing the combined total of funds under paragraph (1)

for a fiscal year, funds obligated for such fiscal year for

contracts for naval reactor programs shall not be included.

"(c) Applicability. - Subsection (a) does not apply -

"(1) to the extent to which the Secretary of Energy determines

that compelling national security considerations require

otherwise; and

"(2) if the Secretary notifies the Congress of such a

determination and the reasons for the determination."

SMALL BUSINESS CONCERNS PARTICIPATION IN PROGRAMS FUNDED BY

DEPARTMENT OF ENERGY ACT OF 1978 - CIVILIAN APPLICATIONS; REPORT TO

CONGRESSIONAL COMMITTEES

Pub. L. 95-238, title II, Sec. 204, Feb. 25, 1978, 92 Stat. 59,

as amended by Pub. L. 96-470, title II, Sec. 203(f), Oct. 19, 1980,

94 Stat. 2243, provided that:

"(a) In carrying out the programs for which funds are authorized

by this Act [see Tables for classification], the Secretary of

Energy shall provide a realistic and adequate opportunity for small

business concerns to participate in such programs to the optimum

extent feasible consistent with the size and nature of the projects

and activities involved.

"(b) The Secretary of Energy shall submit annually to the

appropriate committees of the House of Representatives and the

Senate a full report on the actions taken in carrying out

subsection (a) during the preceding year, including the extent to

which small business concerns are participating in the programs

involved and in projects and activities of various types and sizes

within each such program, and indicating the steps currently taken

to assure such participation in the future. Such report shall also

contain such information as may be required by section 308 of the

Act of December 31, 1975 (42 U.S.C. 5878a; 89 Stat. 1074)."

[For termination, effective May 15, 2000, of reporting provisions

in section 204(b) of Pub. L. 95-238, set out above, see section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance, and the 21st item on page 89

of House Document No. 103-7.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7141 of this title.

-End-

-CITE-

42 USC Sec. 7256a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7256a. Costs not allowed under covered contracts

-STATUTE-

(a) In general

The following costs are not allowable under a covered contract:

(1) Costs of entertainment, including amusement, diversion, and

social activities and any costs directly associated with such

costs (such as tickets to shows or sports events, meals, lodging,

rentals, transportation, and gratuities).

(2) Costs incurred to influence (directly or indirectly)

legislative action on any matter pending before Congress or a

State legislature.

(3) Costs incurred in defense of any civil or criminal fraud

proceeding or similar proceeding (including filing of any false

certification) brought by the United States where the contractor

is found liable or has pleaded nolo contendere to a charge of

fraud or similar proceeding (including filing of false

certification).

(4) Payments of fines and penalties resulting from violations

of, or failure to comply with, Federal, State, local, or foreign

laws and regulations, except when incurred as a result of

compliance with specific terms and conditions of the contract or

specific written instructions from the contracting officer

authorizing in advance such payments in accordance with

applicable regulations of the Secretary of Energy.

(5) Costs of membership in any social, dining, or country club

or organization.

(6) Costs of alcoholic beverages.

(7) Contributions or donations, regardless of the recipient.

(8) Costs of advertising designed to promote the contractor or

its products.

(9) Costs of promotional items and memorabilia, including

models, gifts, and souvenirs.

(10) Costs for travel by commercial aircraft or by travel by

other than common carrier that is not necessary for the

performance of the contract and the cost of which exceeds the

amount of the standard commercial fare.

(b) Regulations; costs of information provided to Congress or State

legislatures and related costs

(1) Not later than 150 days after November 8, 1985, the Secretary

of Energy shall prescribe regulations to implement this section.

Such regulations may establish appropriate definitions, exclusions,

limitations, and qualifications. Such regulations shall be

published in accordance with section 418b of title 41.

(2) In any regulations implementing subsection (a)(2) of this

section, the Secretary may not treat as not allowable (by reason of

such subsection) the following costs of a contractor:

(A) Costs of providing to Congress or a State legislature, in

response to a request from Congress or a State legislature,

information of a factual, technical, or scientific nature, or

advice of experts, with respect to topics directly related to the

performance of the contract.

(B) Costs for transportation, lodging, or meals incurred for

the purpose of providing such information or advice.

(c) "Covered contract" defined

In this section, "covered contract" means a contract for an

amount more than $100,000 entered into by the Secretary of Energy

obligating funds appropriated for national security programs of the

Department of Energy.

(d) Effective date

Subsection (a) of this section shall apply with respect to costs

incurred under a covered contract on or after 30 days after the

regulations required by subsection (b) of this section are issued.

-SOURCE-

(Pub. L. 99-145, title XV, Sec. 1534, Nov. 8, 1985, 99 Stat. 774;

Pub. L. 100-180, div. C, title III, Sec. 3131(a), Dec. 4, 1987, 101

Stat. 1238.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Defense

Authorization Act, 1986, and also as part of the Department of

Energy National Security and Military Applications of Nuclear

Energy Authorization Act of 1986, and not as part of the Department

of Energy Organization Act which comprises this chapter.

-MISC1-

AMENDMENTS

1987 - Subsec. (b). Pub. L. 100-180 designated existing

provisions as par. (1) and added par. (2).

REGULATIONS

Section 3131(b) of Pub. L. 100-180 provided that: "Regulations to

implement paragraph (2) of section 1534(b) of the Department of

Energy National Security and Military Applications of Nuclear

Energy Authorization Act of 1986 (as added by subsection (a)) [42

U.S.C. 7256a(b)(2)] shall be prescribed not later than 90 days

after the date of the enactment of this Act [Dec. 4, 1987]. Such

regulations shall apply as if included in the original regulations

prescribed under such section."

-End-

-CITE-

42 USC Sec. 7256b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7256b. Prohibition and report on bonuses to contractors

operating defense nuclear facilities

-STATUTE-

(a) Prohibition

The Secretary of Energy may not provide any bonuses, award fees,

or other form of performance- or production-based awards to a

contractor operating a Department of Energy defense nuclear

facility unless, in evaluating the performance or production under

the contract, the Secretary considers the contractor's compliance

with all applicable environmental, safety, and health statutes,

regulations, and practices for determining both the size of, and

the contractor's qualification for, such bonus, award fee, or other

award. The prohibition in this subsection applies with respect to

contracts entered into, or contract options exercised, after

November 29, 1989.

(b) Report on Rocky Flats bonuses

The Secretary of Energy shall investigate the payment, from 1981

to 1988, of production bonuses to Rockwell International, the

contractor operating the Rocky Flats Plant (Golden, Colorado), for

purposes of determining whether the payment of such bonuses was

made under fraudulent circumstances. Not later than 6 months after

November 29, 1989, the Secretary shall submit to the Committees on

Armed Services of the Senate and House of Representatives a report

on the results of that investigation, including the Secretary's

conclusions and recommendations.

(c) "Department of Energy defense nuclear facility" defined

In this section, the term "Department of Energy defense nuclear

facility" has the meaning given such term by section 2286g of this

title.

(d) Regulations

The Secretary of Energy shall promulgate regulations to implement

subsection (a) of this section not later than 90 days after

November 29, 1989.

-SOURCE-

(Pub. L. 101-189, div. C, title XXXI, Sec. 3151, Nov. 29, 1989, 103

Stat. 1682.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1990 and 1991, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7257 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7257. Acquisition, construction, etc., of laboratories,

research and testing sites, etc.

-STATUTE-

The Secretary is authorized to acquire (by purchase, lease,

condemnation, or otherwise), construct, improve, repair, operate,

and maintain laboratories, research and testing sites and

facilities, quarters and related accommodations for employees and

dependents of employees of the Department, personal property

(including patents), or any interest therein, as the Secretary

deems necessary; and to provide by contract or otherwise for eating

facilities and other necessary facilities for the health and

welfare of employees of the Department at its installations and

purchase and maintain equipment therefor.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 647, Aug. 4, 1977, 91 Stat. 599.)

-MISC1-

PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING DEPARTMENT

OF ENERGY CONSTRUCTION PROJECTS

Pub. L. 106-65, div. C, title XXXI, Sec. 3175, Oct. 5, 1999, 113

Stat. 950, provided that:

"(a) Requirement. - (1) The Secretary of Energy shall carry out a

pilot program on use of project management oversight services (in

this section referred to as 'PMO services') for construction

projects of the Department of Energy.

"(2) The purpose of the pilot program shall be to provide a basis

for determining whether or not the use of competitively procured,

external PMO services for those construction projects would permit

the Department to control excessive costs and schedule delays

associated with those construction projects that have large capital

costs.

"(b) Projects Covered by Program. - (1) Subject to paragraph (2),

the Secretary shall carry out the pilot program at construction

projects selected by the Secretary. The projects shall include one

or more construction projects authorized pursuant to section 3101

[113 Stat. 915] and one construction project authorized pursuant to

section 3102 [113 Stat. 917].

"(2) Each project selected by the Secretary shall be a project

having capital construction costs anticipated to be not less than

$25,000,000.

"(c) Services Under Program. - The PMO services used under the

pilot program shall include the following services:

"(1) Monitoring the overall progress of a project.

"(2) Determining whether or not a project is on schedule.

"(3) Determining whether or not a project is within budget.

"(4) Determining whether or not a project conforms with plans

and specifications approved by the Department.

"(5) Determining whether or not a project is being carried out

efficiently and effectively.

"(6) Any other management oversight services that the Secretary

considers appropriate for purposes of the pilot program.

"(d) Procurement of Services Under Program. - Any PMO services

procured under the pilot program shall be acquired -

"(1) on a competitive basis; and

"(2) from among commercial entities that -

"(A) do not currently manage or operate facilities at a

location where the pilot program is being conducted; and

"(B) have an expertise in the management of large

construction projects.

"(e) Report. - Not later than February 1, 2000, the Secretary

shall submit to the Committees on Armed Services of the Senate and

the House of Representatives a report on the pilot program. The

report shall include the assessment of the Secretary as to the

feasibility and desirability of using PMO services for construction

projects of the Department."

LABORATORY FUNDING PLAN

Pub. L. 106-60, title III, Sec. 310, Sept. 29, 1999, 113 Stat.

496, provided that:

"(a) None of the funds in this Act or any future Energy and Water

Development Appropriations Act may be expended after December 31 of

each year under a covered contract unless the funds are expended in

accordance with a Laboratory Funding Plan that has been approved by

the Secretary of Energy. At the beginning of each fiscal year, the

Secretary shall issue directions to the laboratories for the

programs, projects, and activities to be conducted in that fiscal

year. The Secretary and the Laboratories shall devise a Laboratory

Funding Plan that identifies the resources needed to carry out

these programs, projects, and activities. Funds shall be released

to the Laboratories only after the Secretary has approved the

Laboratory Funding Plan. The Secretary of Energy may provide

exceptions to this requirement as the Secretary considers

appropriate.

"(b) For purposes of this section, 'covered contract' means a

contract for the management and operation of the following

laboratories: Argonne National Laboratory, Brookhaven National

Laboratory, Idaho National Engineering and Environmental

Laboratory, Lawrence Berkeley National Laboratory, Lawrence

Livermore National Laboratory, Los Alamos National Laboratory, Oak

Ridge National Laboratory, Pacific Northwest National Laboratory,

and Sandia National Laboratories."

TERMINATION OR CHANGES IN ACTIVITIES OF GOVERNMENT-OWNED AND

CONTRACTOR-OPERATED FACILITIES, NATIONAL LABORATORIES, ETC.;

REPORTS BY SECRETARY OF ENERGY CONCERNING PROPOSALS PRIOR TO

IMPLEMENTATION; CONTENTS; SUBMISSION DATE

Pub. L. 95-238, title I, Sec. 104(c), Feb. 25, 1978, 92 Stat. 53,

provided that: "As part of the Department of Energy's

responsibility to keep the Congress fully and currently informed,

the Secretary shall make the following reports:

"(i) any proposal by the Secretary of the Department of Energy

to terminate or make major changes in activities of the

Government-owned and contractor-operated facilities, the national

laboratories, energy research centers and the operations offices

managing such laboratories, shall not be implemented until the

Secretary transmits the proposal, together with all pertinent

data, to the Committee on Science and Technology [now Committee

on Science] of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate, and waits a period of

thirty calendar days (not including any day on which either House

of Congress is not in session because of an adjournment of more

than three calendar days to a day certain) from the date on which

such report is received by such committees; and

"(ii) by January 31, 1978, the Secretary shall file a full and

complete report on each such proposal which he has implemented,

as described in the preceding paragraph, and any major program

structure change with the Committee on Science and Technology of

the House of Representatives and the Committee on Energy and

Natural Resources of the Senate."

-End-

-CITE-

42 USC Sec. 7257a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7257a. Laboratory-directed research and development programs

-STATUTE-

(a) Authority

Government-owned, contractor-operated laboratories that are

funded out of funds available to the Department of Energy for

national security programs are authorized to carry out

laboratory-directed research and development.

(b) Regulations

The Secretary of Energy shall prescribe regulations for the

conduct of laboratory-directed research and development at such

laboratories.

(c) Funding

Of the funds provided by the Department of Energy to such

laboratories for national security activities, the Secretary shall

provide a specific amount, not to exceed 6 percent of such funds,

to be used by such laboratories for laboratory-directed research

and development.

(d) "Laboratory-directed research and development" defined

For purposes of this section, the term "laboratory-directed

research and development" means research and development work of a

creative and innovative nature which, under the regulations

prescribed pursuant to subsection (b) of this section, is selected

by the director of a laboratory for the purpose of maintaining the

vitality of the laboratory in defense-related scientific

disciplines.

-SOURCE-

(Pub. L. 101-510, div. C, title XXXI, Sec. 3132, Nov. 5, 1990, 104

Stat. 1832.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7257c of this title.

-End-

-CITE-

42 USC Sec. 7257b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7257b. Annual report on expenditures of Department of Energy

Laboratory Directed Research and Development Program

-STATUTE-

(1) Not later than February 1 each year, the Secretary of Energy

shall submit to the congressional defense committees a report on

the funds expended during the preceding fiscal year on activities

under the Department of Energy Laboratory Directed Research and

Development Program. The purpose of the report is to permit an

assessment of the extent to which such activities support the

national security mission of the Department of Energy.

(2) Each report shall be prepared by the officials responsible

for Federal oversight of the funds expended on activities under the

program.

(3) Each report shall set forth the criteria utilized by the

officials preparing the report in determining whether or not the

activities reviewed by such officials support the national security

mission of the Department.

-SOURCE-

(Pub. L. 104-201, div. C, title XXXI, Sec. 3136(b), Sept. 23, 1996,

110 Stat. 2831; Pub. L. 105-85, div. C, title XXXI, Sec. 3137(c),

Nov. 18, 1997, 111 Stat. 2039.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1997, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-MISC1-

AMENDMENTS

1997 - Par. (1). Pub. L. 105-85 substituted "Not later than

February 1 each year, the Secretary of Energy shall submit" for

"The Secretary of Energy shall annually submit".

-CROSS-

"CONGRESSIONAL DEFENSE COMMITTEES" DEFINED

Congressional defense committees means the Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives, see section 3 of Pub. L. 104-201, 110 Stat. 2439,

as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(5), Oct.

5, 1999, 113 Stat. 774.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7257c of this title.

-End-

-CITE-

42 USC Sec. 7257c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7257c. Limitations on use of funds for laboratory directed

research and development purposes

-STATUTE-

(a) General limitations

(1) No funds authorized to be appropriated or otherwise made

available to the Department of Energy in any fiscal year after

fiscal year 1997 for weapons activities may be obligated or

expended for activities under the Department of Energy Laboratory

Directed Research and Development Program, or under any Department

of Energy technology transfer program or cooperative research and

development agreement, unless such activities support the national

security mission of the Department of Energy.

(2) No funds authorized to be appropriated or otherwise made

available to the Department of Energy in any fiscal year after

fiscal year 1997 for environmental restoration, waste management,

or nuclear materials and facilities stabilization may be obligated

or expended for activities under the Department of Energy

Laboratory Directed Research and Development Program, or under any

Department of Energy technology transfer program or cooperative

research and development agreement, unless such activities support

the environmental restoration mission, waste management mission, or

materials stabilization mission, as the case may be, of the

Department of Energy.

(b) Limitation in fiscal year 1998 pending submittal of annual

report

Not more than 30 percent of the funds authorized to be

appropriated or otherwise made available to the Department of

Energy in fiscal year 1998 for laboratory directed research and

development may be obligated or expended for such research and

development until the Secretary of Energy submits to the

congressional defense committees the report required by section

7257b of this title in 1998.

(c) Omitted

(d) Assessment of funding level for laboratory directed research

and development

The Secretary shall include in the report submitted under such

section 7257b(1) of this title in 1998 an assessment of the funding

required to carry out laboratory directed research and development,

including a recommendation for the percentage of the funds provided

to Government-owned, contractor-operated laboratories for national

security activities that should be made available for such research

and development under section 7257a(c) of this title.

(e) "Laboratory directed research and development" defined

In this section, the term "laboratory directed research and

development" has the meaning given that term in section 7257a(d) of

this title.

-SOURCE-

(Pub. L. 105-85, div. C, title XXXI, Sec. 3137, Nov. 18, 1997, 111

Stat. 2038.)

-COD-

CODIFICATION

Section is comprised of section 3137 of Pub. L. 105-85. Subsec.

(c) of section 3137 of Pub. L. 105-85 amended section 7257b of this

title.

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1998, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-CROSS-

"CONGRESSIONAL DEFENSE COMMITTEES" DEFINED

Congressional defense committees means the Committees on Armed

Services and Appropriations of the Senate and the House of

Representatives, see section 3 of Pub. L. 105-85, 111 Stat. 1645,

as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(4), Oct.

5, 1999, 113 Stat. 774.

-End-

-CITE-

42 USC Sec. 7257d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7257d. Expanded research by Secretary of Energy

-STATUTE-

(a) Detection and identification research

(1) In general

In conjunction with the working group under section 247d-6(a)

of this title, the Secretary of Energy and the Administrator of

the National Nuclear Security Administration shall expand,

enhance, and intensify research relevant to the rapid detection

and identification of pathogens likely to be used in a

bioterrorism attack or other agents that may cause a public

health emergency.

(2) Authorized activities

Activities carried out under paragraph (1) may include -

(A) the improvement of methods for detecting biological

agents or toxins of potential use in a biological attack and

the testing of such methods under variable conditions;

(B) the improvement or pursuit of methods for testing,

verifying, and calibrating new detection and surveillance tools

and techniques; and

(C) carrying out other research activities in relevant areas.

(3) Report

Not later than 180 days after June 12, 2002, the Administrator

of the National Nuclear Security Administration shall submit to

the Committee on Energy and Natural Resources and the Committee

on Armed Services of the Senate, and the Committee on Energy and

Commerce and the Committee on Armed Services of the House of

Representatives, a report setting forth the programs and projects

that will be funded prior to the obligation of funds appropriated

under subsection (b) of this section.

(b) Authorization

For the purpose of carrying out this section, there are

authorized to be appropriated such sums as may be necessary in each

of fiscal years 2002 through 2006.

-SOURCE-

(Pub. L. 107-188, title I, Sec. 152, June 12, 2002, 116 Stat. 630.)

-COD-

CODIFICATION

Section was enacted as part of the Public Health Security and

Bioterrorism Preparedness and Response Act of 2002, and not as part

of the Department of Energy Organization Act which comprises this

chapter.

-End-

-CITE-

42 USC Sec. 7258 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7258. Facilities construction

-STATUTE-

(a) Employees and dependents stationed at remote locations

As necessary and when not otherwise available, the Secretary is

authorized to provide for, construct, or maintain the following for

employees and their dependents stationed at remote locations:

(1) Emergency medical services and supplies;

(2) Food and other subsistence supplies;

(3) Messing facilities;

(4) Audio-visual equipment, accessories, and supplies for

recreation and training;

(5) Reimbursement for food, clothing, medicine, and other

supplies furnished by such employees in emergencies for the

temporary relief of distressed persons;

(6) Living and working quarters and facilities; and

(7) Transportation of schoolage dependents of employees to the

nearest appropriate educational facilities.

(b) Medical treatment at reasonable prices

The furnishing of medical treatment under paragraph (1) of

subsection (a) of this section and the furnishing of services and

supplies under paragraphs (2) and (3) of subsection (a) of this

section shall be at prices reflecting reasonable value as

determined by the Secretary.

(c) Use of reimbursement proceeds

Proceeds from reimbursements under this section shall be

deposited in the Treasury and may be withdrawn by the Secretary to

pay directly the cost of such work or services, to repay or make

advances to appropriations of funds which will initially bear all

or a part of such cost, or to refund excess sums when necessary.

Such payments may be credited to a working capital fund otherwise

established by law, including the fund established pursuant to

section 7263 of this title, and used under the law governing such

fund, if the fund is available for use by the Department for

performing the work or services for which payment is received.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 648, Aug. 4, 1977, 91 Stat. 600.)

-End-

-CITE-

42 USC Sec. 7259 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7259. Use of facilities

-STATUTE-

(a) Facilities of United States and foreign governments

With their consent, the Secretary and the Federal Energy

Regulatory Commission may, with or without reimbursement, use the

research, equipment, and facilities of any agency or

instrumentality of the United States or of any State, the District

of Columbia, the Commonwealth of Puerto Rico, or any territory or

possession of the United States, or of any political subdivision

thereof, or of any foreign government, in carrying out any function

now or hereafter vested in the Secretary or the Commission.

(b) Facilities under custody of Secretary

In carrying out his functions, the Secretary, under such terms,

at such rates, and for such periods not exceeding five years, as he

may deem to be in the public interest, is authorized to permit the

use by public and private agencies, corporations, associations, or

other organizations or by individuals of any real property, or any

facility, structure, or other improvement thereon, under the

custody of the Secretary for Department purposes. The Secretary may

require permittees under this section to recondition and maintain,

at their own expense, the real property, facilities, structures,

and improvements involved to a satisfactory standard. This section

shall not apply to excess property as defined in section 102(3) of

title 40.

(c) Use of reimbursement proceeds

Proceeds from reimbursements under this section shall be

deposited in the Treasury and may be withdrawn by the Secretary or

the head of the agency or instrumentality of the United States

involved, as the case may be, to pay directly the costs of the

equipment, or facilities provided, to repay or make advances to

appropriations or funds which do or will initially bear all or a

part of such costs, or to refund excess sums when necessary, except

that such proceeds may be credited to a working capital fund

otherwise established by law, including the fund established

pursuant to section 7263 of this title, and used under the law

governing such fund, if the fund is available for use for providing

the equipment or facilities involved.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 649, Aug. 4, 1977, 91 Stat. 600.)

-COD-

CODIFICATION

In subsec. (b), "section 102(3) of title 40" substituted for

"section 3(e) of the Federal Property and Administrative Services

Act of 1949" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,

2002, 116 Stat. 1303, the first section of which enacted Title 40,

Public Buildings, Property, and Works.

-End-

-CITE-

42 USC Sec. 7259a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7259a. Activities of Department of Energy facilities

-STATUTE-

(a) Research and activities on behalf of non-department persons and

entities

(1) The Secretary of Energy may conduct research and other

activities referred to in paragraph (2) at facilities of the

Department of Energy on behalf of other departments and agencies of

the Government, agencies of State and local governments, and

private persons and entities.

(2) The research and other activities that may be conducted under

paragraph (1) are those which the Secretary is authorized to

conduct by law, including research and activities authorized under

the following provisions of law:

(A) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

(B) The Energy Reorganization Act of 1974 [42 U.S.C. 5801 et

seq.].

(C) The Federal Nonnuclear Energy Research and Development Act

of 1974 (42 U.S.C. 5901 et seq.).

(b) Charges

(1) The Secretary shall impose on the department, agency, or

person or entity for which research and other activities are

carried out under subsection (a) of this section a charge for such

research and activities in carrying out such research and

activities, which shall include -

(A) the direct cost incurred in carrying out such research and

activities; and

(B) the overhead cost, including site-wide indirect costs,

associated with such research and activities.

(2)(A) Subject to subparagraph (B), the Secretary shall also

impose on the department, agency, or person or entity concerned a

Federal administrative charge (which includes any depreciation and

imputed interest charges) in an amount not to exceed 3 percent of

the full cost incurred in carrying out the research and activities

concerned.

(B) The Secretary may waive the imposition of the Federal

administrative charge required by subparagraph (A) in the case of

research and other activities conducted on behalf of small business

concerns, institutions of higher education, non-profit entities,

and State and local governments.

(3) Not later than 2 years after October 17, 1998, the Secretary

shall terminate any waiver of charges under section 33 of the

Atomic Energy Act of 1954 (42 U.S.C. 2053) that were made before

such date, unless the Secretary determines that such waiver should

be continued.

(c) Pilot program of reduced facility overhead charges

(1) The Secretary may, with the cooperation of participating

contractors of the contractor-operated facilities of the

Department, carry out a pilot program under which the Secretary and

such contractors reduce the facility overhead charges imposed under

this section for research and other activities conducted under this

section.

(2) The Secretary shall carry out the pilot program at

contractor-operated facilities selected by the Secretary in

consultation with the contractors concerned.

(3) The Secretary shall determine the facility overhead charges

to be imposed under the pilot program at a facility based on a

joint review by the Secretary and the contractor for the facility

of all items included in the overhead costs of the facility in

order to determine which items are appropriately incurred as

facility overhead charges by the contractor in carrying out

research and other activities at such facility under this section.

(4) The Secretary shall commence carrying out the pilot program

under this subsection not later than October 1, 1999, and shall

terminate the pilot program on September 30, 2003.

(5) Not later than January 31, 2003, the Secretary shall submit

to Congress an interim report on the results of the pilot program

under this subsection. The report shall include any recommendations

for the extension or expansion of the pilot program, including the

establishment of multiple rates of overhead charges for various

categories of persons and entities seeking research and other

activities in contractor-operated facilities of the Department.

(d) Applicability with respect to user fee practice

This section does not apply to the practice of the Department of

Energy with respect to user fees at Department facilities.

-SOURCE-

(Pub. L. 105-261, div. C, title XXXI, Sec. 3137, Oct. 17, 1998, 112

Stat. 2248.)

-REFTEXT-

REFERENCES IN TEXT

The Atomic Energy Act of 1954, referred to in subsec. (a)(2)(A),

is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.

1073, Sec. 1, 68 Stat. 921, and amended, which is classified

generally to chapter 23 (Sec. 2011 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2011 of this title and Tables.

The Energy Reorganization Act of 1974, referred to in subsec.

(a)(2)(B), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as

amended, which is classified principally to chapter 73 (Sec. 5801

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 5801 of this

title and Tables.

The Federal Nonnuclear Energy Research and Development Act of

1974, referred to in subsec. (a)(2)(C), is Pub. L. 93-577, Dec. 31,

1974, 88 Stat. 1878, as amended, which is classified generally to

chapter 74 (Sec. 5901 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 5901 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999, and not as part of

the Department of Energy Organization Act which comprises this

chapter.

-End-

-CITE-

42 USC Sec. 7260 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7260. Field offices

-STATUTE-

The Secretary is authorized to establish, alter, consolidate or

discontinue and to maintain such State, regional, district, local

or other field offices as he may deem to be necessary to carry out

functions vested in him.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 650, Aug. 4, 1977, 91 Stat. 601.)

-End-

-CITE-

42 USC Sec. 7261 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7261. Acquisition of copyrights, patents, etc.

-STATUTE-

The Secretary is authorized to acquire any of the following

described rights if the property acquired thereby is for use by or

for, or useful to, the Department:

(1) copyrights, patents, and applications for patents, designs,

processes, and manufacturing data;

(2) licenses under copyrights, patents, and applications for

patents; and

(3) releases, before suit is brought, for past infringement of

patents or copyrights.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 651, Aug. 4, 1977, 91 Stat. 601.)

-End-

-CITE-

42 USC Sec. 7261a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7261a. Protection of sensitive technical information

-STATUTE-

(a) Property rights in inventions and discoveries; timely

determination; reports to Congressional committees

(1) Whenever any contractor makes an invention or discovery to

which the title vests in the Department of Energy pursuant to

exercise of section 202(a)(ii) or (iv) of title 35, or pursuant to

section 2182 of this title or section 5908 of this title in the

course of or under any Government contract or subcontract of the

Naval Nuclear Propulsion Program or the nuclear weapons programs or

other atomic energy defense activities of the Department of Energy

and the contractor requests waiver of any or all of the

Government's property rights, the Secretary of Energy may decide to

waive the Government's rights and assign the rights in such

invention or discovery.

(2) Such decision shall be made within 150 days after the date on

which a complete request for waiver of such rights has been

submitted to the Secretary by the contractor. For purposes of this

paragraph, a complete request includes such information, in such

detail and form, as the Secretary by regulation prescribes as

necessary to allow the Secretary to take into consideration the

matters described in subsection (b) of this section in making the

decision.

(3) If the Secretary fails to make the decision within such

150-day period, the Secretary shall submit to the Committees on

Armed Services of the House of Representatives and the Senate,

within 10 days after the end of the 150-day period, a report on the

reasons for such failure. The submission of such report shall not

relieve the Secretary of the requirement to make the decision under

this section. The Secretary shall, at the end of each 30-day period

after submission of the first report during which the Secretary

continues to fail to make the decision required by this section,

submit another report on the reasons for such failure to the

committees listed in this paragraph.

(b) Matters to be considered

In making a decision under this section, the Secretary shall

consider, in addition to the applicable policies of section 2182 of

this title or subsections (c) and (d) of section 5908 of this title

-

(1) whether national security will be compromised;

(2) whether sensitive technical information (whether classified

or unclassified) under the Naval Nuclear Propulsion Program or

the nuclear weapons programs or other atomic energy defense

activities of the Department of Energy for which dissemination is

controlled under Federal statutes and regulations will be

released to unauthorized persons;

(3) whether an organizational conflict of interest contemplated

by Federal statutes and regulations will result; and

(4) whether failure to assert such a claim will adversely

affect the operation of the Naval Nuclear Propulsion Program or

the nuclear weapons programs or other atomic energy defense

activities of the Department of Energy.

-SOURCE-

(Pub. L. 99-661, div. C, title I, Sec. 3131, Nov. 14, 1986, 100

Stat. 4062; Pub. L. 100-180, div. C, title III, Sec. 3135(a), Dec.

4, 1987, 101 Stat. 1240.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1987 and also as part of the National Defense Authorization

Act for Fiscal Year 1987, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-MISC1-

AMENDMENTS

1987 - Subsec. (a). Pub. L. 100-180 designated existing

provisions as par. (1), struck out at end "Such decision shall be

made within a reasonable time (which shall usually be six months

from the date of the request by the contractor for assignment of

such rights).", and added pars. (2) and (3).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 3135(b) of Pub. L. 100-180 provided that: "Paragraphs (2)

and (3) of section 3131(a) of the Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1987 [subsec. (a)(2), (3) of this section] (as added by

subsection (a)) shall apply with respect to waiver requests

submitted by contractors under that section after March 1, 1988."

-End-

-CITE-

42 USC Sec. 7261b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7261b. Technology transfer to small businesses

-STATUTE-

(1) The Secretary of Energy shall establish a program to

facilitate and encourage the transfer of technology to small

businesses and shall issue guidelines relating to the program not

later than May 1, 1993.

(2) For the purposes of this section, the term "small business"

means a business concern that meets the applicable size standards

prescribed pursuant to section 632(a) of title 15.

-SOURCE-

(Pub. L. 102-484, div. C, title XXXI, Sec. 3135(b), Oct. 23, 1992,

106 Stat. 2641.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1993, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7261c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7261c. Technology partnerships ombudsman

-STATUTE-

(a) Appointment of ombudsman

The Secretary of Energy shall direct the director of each

national laboratory of the Department of Energy, and may direct the

director of each facility under the jurisdiction of the Department

of Energy, to appoint a technology partnership ombudsman to hear

and help resolve complaints from outside organizations regarding

the policies and actions of each such laboratory or facility with

respect to technology partnerships (including cooperative research

and development agreements), patents, and technology licensing.

(b) Qualifications

An ombudsman appointed under subsection (a) of this section shall

be a senior official of the national laboratory or facility who is

not involved in day-to-day technology partnerships, patents, or

technology licensing, or, if appointed from outside the laboratory

or facility, function as such a senior official.

(c) Duties

Each ombudsman appointed under subsection (a) of this section

shall -

(1) serve as the focal point for assisting the public and

industry in resolving complaints and disputes with the national

laboratory or facility regarding technology partnerships,

patents, and technology licensing;

(2) promote the use of collaborative alternative dispute

resolution techniques such as mediation to facilitate the speedy

and low-cost resolution of complaints and disputes, when

appropriate; and

(3) report quarterly on the number and nature of complaints and

disputes raised, along with the ombudsman's assessment of their

resolution, consistent with the protection of confidential and

sensitive information, to -

(A) the Secretary;

(B) the Administrator for Nuclear Security;

(C) the Director of the Office of Dispute Resolution of the

Department of Energy; and

(D) the employees of the Department responsible for the

administration of the contract for the operation of each

national laboratory or facility that is a subject of the

report, for consideration in the administration and review of

that contract.

-SOURCE-

(Pub. L. 106-404, Sec. 11, Nov. 1, 2000, 114 Stat. 1749.)

-COD-

CODIFICATION

Section was enacted as part of the Technology Transfer

Commercialization Act of 2000, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7262 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7262. Repealed. Pub. L. 104-206, title V, Sec. 502, Sept. 30,

1996, 110 Stat. 3002

-MISC1-

Section, Pub. L. 95-91, title VI, Sec. 652, Aug. 4, 1977, 91

Stat. 601, authorized Secretary to accept gifts, bequests, and

devises of property for purpose of aiding or facilitating work of

Department.

-COD-

CODIFICATION

Pub. L. 104-206, which directed the repeal of 42 U.S.C. 7262, was

executed by repealing section 652 of Pub. L. 95-91, which was

classified to this section, to reflect the probable intent of

Congress.

-End-

-CITE-

42 USC Sec. 7263 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7263. Capital fund

-STATUTE-

The Secretary is authorized to establish a working capital fund,

to be available without fiscal year limitation, for expenses

necessary for the maintenance and operation of such common

administrative services as he shall find to be desirable in the

interests of economy and efficiency, including such services as a

central supply service for stationery and other supplies and

equipment for which adequate stocks may be maintained to meet in

whole or in part the requirements of the Department and its

agencies; central messenger, mail, telephone, and other

communications services; office space, central services for

document reproduction, and for graphics and visual aids; and a

central library service. The capital of the fund shall consist of

any appropriations made for the purpose of providing capital (which

appropriations are hereby authorized) and the fair and reasonable

value of such stocks of supplies, equipment, and other assets and

inventories on order as the Secretary may transfer to the fund,

less the related liabilities and unpaid obligations. Such funds

shall be reimbursed in advance from available funds of agencies and

offices in the Department, or from other sources, for supplies and

services at rates which will approximate the expense of operation,

including the accrual of annual leave and the depreciation of

equipment. The fund shall also be credited with receipts from sale

or exchange of property and receipts in payment for loss or damage

to property owned by the fund. There shall be covered into the

United States Treasury as miscellaneous receipts any surplus found

in the fund (all assets, liabilities, and prior losses considered)

above the amounts transferred or appropriated to establish and

maintain said fund. There shall be transferred to the fund the

stocks of supplies, equipment, other assets, liabilities, and

unpaid obligations relating to the services which he determines

will be performed through the fund. Appropriations to the fund, in

such amounts as may be necessary to provide additional working

capital, are authorized.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 653, Aug. 4, 1977, 91 Stat. 601.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7258, 7259 of this title.

-End-

-CITE-

42 USC Sec. 7264 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7264. Seal of Department

-STATUTE-

The Secretary shall cause a seal of office to be made for the

Department of such design as he shall approve and judicial notice

shall be taken of such seal.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 654, Aug. 4, 1977, 91 Stat. 602.)

-End-

-CITE-

42 USC Sec. 7265 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7265. Regional Energy Advisory Boards

-STATUTE-

(a) Establishment; membership

The Governors of the various States may establish Regional Energy

Advisory Boards for their regions with such membership as they may

determine.

(b) Observers

Representatives of the Secretary, the Secretary of Commerce, the

Secretary of the Interior, the Chairman of the Council on

Environmental Quality, the Commandant of the Coast Guard and the

Administrator of the Environmental Protection Agency shall be

entitled to participate as observers in the deliberations of any

Board established pursuant to subsection (a) of this section. The

Federal Cochairman of the Appalachian Regional Commission or any

regional commission under title V of the Public Works and Economic

Development Act [42 U.S.C. 3181 et seq.] shall be entitled to

participate as an observer in the deliberations of any such Board

which contains one or more States which are members of such

Commission.

(c) Recommendations of Board

Each Board established pursuant to subsection (a) of this section

may make such recommendations as it determines to be appropriate to

programs of the Department having a direct effect on the region.

(d) Notice of reasons not to adopt recommendations

If any Regional Advisory Board makes specific recommendations

pursuant to subsection (c) of this section, the Secretary shall, if

such recommendations are not adopted in the implementation of the

program, notify the Board in writing of his reasons for not

adopting such recommendations.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 655, Aug. 4, 1977, 91 Stat. 602.)

-REFTEXT-

REFERENCES IN TEXT

The Public Works and Economic Development Act, referred to in

subsec. (b), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as

amended. Title V of the Public Works and Economic Development Act

was classified generally to subchapter V (Sec. 3181 et seq.) of

chapter 38 of this title prior to repeal by Pub. L. 97-35, title

XVIII, Sec. 1821(a)(8), Aug. 13, 1981, 95 Stat. 766. For complete

classification of this Act to the Code, see Short Title note set

out under section 3121 of this title and Tables.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

42 USC Sec. 7266 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7266. Designation of conservation officers

-STATUTE-

The Secretary of Defense, the Secretary of Commerce, the

Secretary of Housing and Urban Development, the Secretary of

Transportation, the Secretary of Agriculture, the Secretary of the

Interior, the United States Postal Service, and the Administrator

of General Services shall each designate one Assistant Secretary or

Assistant Administrator, as the case may be, as the principal

conservation officer of such Department or of the Administration.

Such designated principal conservation officer shall be principally

responsible for planning and implementation of energy conservation

programs by such Department or Administration and principally

responsible for coordination with the Department of Energy with

respect to energy matters. Each agency, Department or

Administration required to designate a principal conservation

officer pursuant to this section shall periodically inform the

Secretary of the identity of such conservation officer, and the

Secretary shall periodically publish a list identifying such

officers.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 656, Aug. 4, 1977, 91 Stat. 602.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8257 of this title.

-End-

-CITE-

42 USC Sec. 7267 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7267. Annual report

-STATUTE-

The Secretary shall, as soon as practicable after the end of each

fiscal year, commencing with the first complete fiscal year

following October 1, 1977, make a report to the President for

submission to the Congress on the activities of the Department

during the preceding fiscal year. Such report shall include a

statement of the Secretary's goals, priorities, and plans for the

Department, together with an assessment of the progress made toward

the attainment of those goals, the effective and efficient

management of the Department and progress made in coordination of

its functions with other departments and agencies of the Federal

Government. In addition, such report shall include the information

required by section 774 of title 15, section 6325(c) of this title,

section 10224(c) of this title, section 5877 of this title, and

section 5914 (!1) of this title, and shall include:

(1) projected energy needs of the United States to meet the

requirements of the general welfare of the people of the United

States and the commercial and industrial life of the Nation,

including a comprehensive summary of data pertaining to all fuel

and energy needs of residents of the United States residing in -

(A) areas outside standard metropolitan statistical areas;

and

(B) areas within such areas which are unincorporated or are

specified by the Bureau of the Census, Department of Commerce,

as rural areas;

(2) an estimate of (A) the domestic and foreign energy supply

on which the United States will be expected to rely to meet such

needs in an economic manner with due regard for the protection of

the environment, the conservation of natural resources, and the

implementation of foreign policy objectives, and (B) the

quantities of energy expected to be provided by different sources

(including petroleum, natural and synthetic gases, coal, uranium,

hydroelectric, solar, and other means) and the expected means of

obtaining such quantities;

(3) current and foreseeable trends in the price, quality,

management, and utilization of energy resources and the effects

of those trends on the social, environmental, economic, and other

requirements of the Nation;

(4) a summary of research and development efforts funded by the

Federal Government to develop new technologies, to forestall

energy shortages, to reduce waste, to foster recycling, to

encourage conservation practices, and to increase efficiency; and

further such summary shall include a description of the

activities the Department is performing in support of

environmental, social, economic and institutional, biomedical,

physical and safety research, development, demonstration, and

monitoring activities necessary to guarantee that technological

programs, funded by the Department, are undertaken in a manner

consistent with and capable of maintaining or improving the

quality of the environment and of mitigating any undesirable

environmental and safety impacts;

(5) a review and appraisal of the adequacy and appropriateness

of technologies, procedures, and practices (including competitive

and regulatory practices) employed by Federal/State, and local

governments and nongovernmental entities to achieve the purposes

of this chapter;

(6) a summary of cooperative and voluntary efforts that have

been mobilized to promote conservation and recycling, together

with plans for such efforts in the succeeding fiscal year, and

recommendations for changes in laws and regulations needed to

encourage more conservation and recycling by all segments of the

Nation's populace;

(7) a summary of substantive measures taken by the Department

to stimulate and encourage the development of new manpower

resources through the Nation's colleges and universities and to

involve these institutions in the execution of the Department's

research and development programs; and

(8) to the extent practicable, a summary of activities in the

United States by companies or persons which are foreign owned or

controlled and which own or control United States energy sources

and supplies, including the magnitude of annual foreign direct

investment in the energy sector in the United States and exports

of energy resources from the United States by foreign owned or

controlled business entities or persons, and such other related

matters as the Secretary may deem appropriate.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 657, Aug. 4, 1977, 91 Stat. 603;

Pub. L. 104-66, title I, Sec. 1052(g), Dec. 21, 1995, 109 Stat.

718.)

-REFTEXT-

REFERENCES IN TEXT

Section 5914 of this title, referred to in text, was omitted from

the Code.

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 inserted "section 6325(c) of this title,

section 10224(c) of this title," after "section 774 of title 15,"

in introductory provisions.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 3rd item on page 88 identifies a reporting provision

which, as subsequently amended, is contained in this section), see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5562, 6806, 7135, 8235g

of this title; title 15 section 780; title 22 section 3142.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7268 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7268. Leasing report

-STATUTE-

The Secretary of the Interior shall submit to the Congress not

later than one year after August 4, 1977, a report on the

organization of the leasing operations of the Federal Government,

together with any recommendations for reorganizing such functions

may deem necessary or appropriate.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 658, Aug. 4, 1977, 91 Stat. 604.)

-End-

-CITE-

42 USC Sec. 7269 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7269. Transfer of funds

-STATUTE-

The Secretary, when authorized in an appropriation Act, in any

fiscal year, may transfer funds from one appropriation to another

within the Department, except that no appropriation shall be either

increased or decreased pursuant to this section by more than 5 per

centum of the appropriation for such fiscal year.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 659, Aug. 4, 1977, 91 Stat. 604.)

-End-

-CITE-

42 USC Sec. 7269a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7269a. Transfer of funds between appropriations for Department

of Energy activities

-STATUTE-

Not to exceed 5 per centum of any appropriation made available

for Department of Energy activities funded in this Act or

subsequent Energy and Water Development Appropriations Acts may on

and after October 2, 1992, be transferred between such

appropriations, but no such appropriation, except as otherwise

provided, shall be increased or decreased by more than 5 per centum

by any such transfers, and any such proposed transfers shall be

submitted promptly to the Committees on Appropriations of the House

and Senate.

-SOURCE-

(Pub. L. 102-377, title III, Sec. 302, Oct. 2, 1992, 106 Stat.

1339.)

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 1993, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7269b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7269b. Transfer of unexpended appropriation balances

-STATUTE-

The unexpended balances of prior appropriations provided for

activities in this Act or subsequent Energy and Water Development

Appropriations Acts may on and after October 2, 1992, be

transferred to appropriation accounts for such activities

established pursuant to this title.(!1) Balances so transferred may

be merged with funds in the applicable established accounts and

thereafter may be accounted for as one fund for the same time

period as originally enacted.

-SOURCE-

(Pub. L. 102-377, title III, Sec. 303, Oct. 2, 1992, 106 Stat.

1339.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title III of Pub. L. 102-377,

Oct. 2, 1992, 106 Stat. 1332. For complete classification of title

III to the Code, see Tables.

-COD-

CODIFICATION

Section was enacted as part of the Energy and Water Development

Appropriations Act, 1993, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 7270 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7270. Authorization of appropriations

-STATUTE-

Appropriations to carry out the provisions of this chapter shall

be subject to annual authorization.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 660, Aug. 4, 1977, 91 Stat. 604.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6247, 7351, 9009, 9312 of

this title.

-End-

-CITE-

42 USC Sec. 7270a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7270a. Guards for Strategic Petroleum Reserve facilities

-STATUTE-

Under guidelines prescribed by the Secretary and concurred with

by the Attorney General, employees of the Department of Energy and

employees of contractors and subcontractors (at any tier) of the

Department of Energy, while discharging their official duties of

protecting the Strategic Petroleum Reserve (established under part

B of title I of the Energy Policy and Conservation Act [42 U.S.C.

6231 et seq.]) or its storage or related facilities or of

protecting persons upon the Strategic Petroleum Reserve or its

storage or related facilities, may -

(1) carry firearms, if designated by the Secretary and

qualified for the use of firearms under the guidelines; and

(2) arrest without warrant any person for an offense against

the United States -

(A) in the case of a felony, if the employee has reasonable

grounds to believe that the person -

(i) has committed or is committing a felony; and

(ii) is in or is fleeing from the immediate area of the

felony; and

(B) in the case of a felony or misdemeanor, if the violation

is committed in the presence of the employee.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 661, as added Pub. L. 100-531, Sec.

1(a), Oct. 25, 1988, 102 Stat. 2652.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Policy and Conservation Act, referred to in text, is

Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part B of

title I of the Act is classified generally to part B (Sec. 6231 et

seq.) of subchapter I of chapter 77 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 6201 of this title and Tables.

-End-

-CITE-

42 USC Sec. 7270b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7270b. Trespass on Strategic Petroleum Reserve facilities

-STATUTE-

(a) The Secretary may issue regulations relating to the entry

upon or carrying, transporting, or otherwise introducing or causing

to be introduced any dangerous weapon, explosive, or other

dangerous instrument or material likely to produce substantial

injury or damage to persons or property into or onto the Strategic

Petroleum Reserve, its storage or related facilities, or real

property subject to the jurisdiction, administration, or in the

custody of the Secretary under part B of title I of the Energy

Policy and Conservation Act (42 U.S.C. 6231-6247). The Secretary

shall post conspicuously, on the property subject to the

regulations, notification that the property is subject to the

regulations.

(b) Whoever willfully violates a regulation of the Secretary

issued under subsection (a) of this section shall be guilty of a

misdemeanor and punished upon conviction by a fine of not more than

$5,000, imprisonment for not more than one year, or both.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 662, as added Pub. L. 100-531, Sec.

1(a), Oct. 25, 1988, 102 Stat. 2652.)

-REFTEXT-

REFERENCES IN TEXT

The Energy Policy and Conservation Act, referred to in subsec.

(a), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended.

Part B of title I of the Act is classified generally to part B

(Sec. 6231 et seq.) of subchapter I of chapter 77 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 6201 of this title and Tables.

-End-

-CITE-

42 USC Sec. 7270c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7270c. Annual assessment and report on vulnerability of

facilities to terrorist attack

-STATUTE-

(a) The Secretary shall, on an annual basis, conduct a

comprehensive assessment of the vulnerability of Department

facilities to terrorist attack.

(b) Not later than January 31 each year, the Secretary shall

submit to Congress a report on the assessment conducted under

subsection (a) of this section during the preceding year. Each

report shall include the results of the assessment covered by such

report, together with such findings and recommendations as the

Secretary considers appropriate.

-SOURCE-

(Pub. L. 95-91, title VI, Sec. 663, as added Pub. L. 107-107, div.

C, title XXXI, Sec. 3154(a), Dec. 28, 2001, 115 Stat. 1377.)

-End-

-CITE-

42 USC Sec. 7271 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7271. Common defense and security program requests of single

authorization of appropriations

-STATUTE-

The Secretary shall submit to the Congress for fiscal year 1980,

and for each subsequent fiscal year, a single request for

authorizations for appropriations for all programs of the

Department of Energy involving scientific research and development

in support of the armed forces, military applications of nuclear

energy, strategic and critical materials necessary for the common

defense, and other programs which involve the common defense and

security of the United States.

-SOURCE-

(Pub. L. 95-509, title II, Sec. 208, Oct. 24, 1978, 92 Stat. 1779.)

-COD-

CODIFICATION

Section was enacted as part of Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1979, and not as part of Department of Energy Organization

Act which comprises this chapter.

-MISC1-

NUCLEAR WEAPONS CAPITAL INVESTMENT REQUIREMENTS STUDY; SUBMITTAL TO

CONGRESS

Section 209 of Pub. L. 95-509 directed Secretary to conduct a

study of the status of all Government-owned, contractor-operated,

plant, capital equipment, facilities, and utilities which support

United States nuclear weapons program and submit results of study

to Congress at same time that Department of Energy authorization

request for fiscal year 1980 was submitted to Congress.

-End-

-CITE-

42 USC Sec. 7271a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7271a. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.

3152(h), Nov. 18, 1997, 111 Stat. 2042

-MISC1-

Section, Pub. L. 101-189, div. C, title XXXI, Sec. 3143, Nov. 29,

1989, 103 Stat. 1681, related to major Department of Energy

national security programs.

-End-

-CITE-

42 USC Sec. 7271b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7271b. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.

3294(f), Oct. 5, 1999, 113 Stat. 970

-MISC1-

Section, Pub. L. 104-201, div. C, title XXXI, Sec. 3155, Sept.

23, 1996, 110 Stat. 2841, related to requirement for annual

five-year budget for national security programs of Department of

Energy.

EFFECTIVE DATE OF REPEAL

Repeal effective Mar. 1, 2000, see section 3299 of Pub. L.

106-65, set out as an Effective Date note under section 2401 of

Title 50, War and National Defense.

-End-

-CITE-

42 USC Sec. 7271c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7271c. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.

3152(b), Nov. 18, 1997, 111 Stat. 2042

-MISC1-

Section, Pub. L. 104-201, div. C, title XXXI, Sec. 3156, Sept.

23, 1996, 110 Stat. 2841, related to requirements for Department of

Energy weapons activities budgets for fiscal years after fiscal

year 1997.

-End-

-CITE-

42 USC Sec. 7271d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7271d. Requirements for specific request for new or modified

nuclear weapons

-STATUTE-

(a) Requirement for request for funds for development

(1) In any fiscal year after fiscal year 2002 in which the

Secretary of Energy plans to carry out activities described in

paragraph (2) relating to the development of a new nuclear weapon

or modified nuclear weapon, the Secretary shall specifically

request funds for such activities in the budget of the President

for that fiscal year under section 1105(a) of title 31.

(2) The activities described in this paragraph are as follows:

(A) The conduct, or provision for conduct, of research and

development which could lead to the production of a new nuclear

weapon by the United States.

(B) The conduct, or provision for conduct, of engineering or

manufacturing to carry out the production of a new nuclear weapon

by the United States.

(C) The conduct, or provision for conduct, of research and

development which could lead to the production of a modified

nuclear weapon by the United States.

(D) The conduct, or provision for conduct, of engineering or

manufacturing to carry out the production of a modified nuclear

weapon by the United States.

(b) Budget request format

The Secretary shall include in a request for funds under

subsection (a) of this section the following:

(1) In the case of funds for activities described in

subparagraph (A) or (C) of subsection (a)(2) of this section, a

single dedicated line item for all such activities for new

nuclear weapons or modified nuclear weapons that are in phase 1,

2, or 2A or phase 6.1, 6.2, or 6.2A (as the case may be), or any

concept work prior to phase 1 or 6.1 (as the case may be), of the

nuclear weapons acquisition process.

(2) In the case of funds for activities described in

subparagraph (B) or (D) of subsection (a)(2) of this section, a

dedicated line item for each such activity for a new nuclear

weapon or modified nuclear weapon that is in phase 3 or higher or

phase 6.3 or higher (as the case may be) of the nuclear weapons

acquisition process.

(c) Exception

Subsection (a) of this section shall not apply to funds for

purposes of conducting, or providing for the conduct of, research

and development, or manufacturing and engineering, determined by

the Secretary to be necessary -

(1) for the nuclear weapons life extension program;

(2) to modify an existing nuclear weapon solely to address

safety or reliability concerns; or

(3) to address proliferation concerns.

(d) Definitions

In this section:

(1) The term "life extension program" means the program to

repair or replace non-nuclear components, or to modify the pit or

canned subassembly, of nuclear weapons that are in the nuclear

weapons stockpile on December 2, 2002, in order to assure that

such nuclear weapons retain the ability to meet the military

requirements applicable to such nuclear weapons when first placed

in the nuclear weapons stockpile.

(2) The term "modified nuclear weapon" means a nuclear weapon

that contains a pit or canned subassembly, either of which -

(A) is in the nuclear weapons stockpile as of December 2,

2002; and

(B) is being modified in order to meet a military requirement

that is other than the military requirements applicable to such

nuclear weapon when first placed in the nuclear weapons

stockpile.

(3) The term "new nuclear weapon" means a nuclear weapon that

contains a pit or canned subassembly, either of which is neither

-

(A) in the nuclear weapons stockpile on December 2, 2002; nor

(B) in production as of December 2, 2002.

-SOURCE-

(Pub. L. 107-314, div. C, title XXXI, Sec. 3143, Dec. 2, 2002, 116

Stat. 2733.)

-COD-

CODIFICATION

Section was enacted as part of the Bob Stump National Defense

Authorization Act for Fiscal Year 2003, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7272 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7272. Restriction on licensing requirement for certain defense

activities and facilities

-STATUTE-

None of the funds authorized to be appropriated by this or any

other Act may be used for any purpose related to licensing of any

defense activity or facility of the Department of Energy by the

Nuclear Regulatory Commission.

-SOURCE-

(Pub. L. 96-540, title II, Sec. 210, Dec. 17, 1980, 94 Stat. 3202.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-540, Dec. 17, 1980,

94 Stat. 3197, known as the Department of Energy National Security

and Military Applications of Nuclear Energy Authorization Act of

1981, which insofar as classified to the Code, enacted sections

7272 and 7273 of this title.

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1981, and not as part of the Department of Energy

Organization Act which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriations act:

Pub. L. 96-164, title II, Sec. 210, Dec. 29, 1979, 93 Stat. 1264.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of certain functions from Nuclear Regulatory

Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45

F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7273 of this title.

-End-

-CITE-

42 USC Sec. 7273 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7273. Restriction on use of funds to pay penalties under Clean

Air Act

-STATUTE-

None of the funds authorized to be appropriated by this or any

other Act may be used to pay any penalty, fine, forfeiture, or

settlement resulting from a failure to comply with the Clean Air

Act (42 U.S.C. 7401 et seq.) with respect to any defense activity

of the Department of Energy if (1) the Secretary finds that

compliance is physically impossible within the time prescribed for

compliance, or (2) the President has specifically requested

appropriations for compliance and the Congress has failed to

appropriate funds for such purpose.

-SOURCE-

(Pub. L. 96-540, title II, Sec. 211, Dec. 17, 1980, 94 Stat. 3203.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-540, Dec. 17, 1980,

94 Stat. 3197, known as the Department of Energy National Security

and Military Applications of Nuclear Energy Authorization Act of

1981, which insofar as classified to the Code, enacted sections

7272 and 7273 of this title.

The Clean Air Act, referred to in text, is act July 14, 1955, ch.

360, 69 Stat. 322, as amended, which is classified generally to

chapter 85 (Sec. 7401 et seq.) of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 7401 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1981, and not as part of the Department of Energy

Organization Act which comprises this chapter.

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

following appropriations act:

Pub. L. 96-164, title II, Sec. 211, Dec. 29, 1979, 93 Stat. 1264.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7272 of this title.

-End-

-CITE-

42 USC Sec. 7273a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7273a. Restriction on use of funds to pay penalties under

environmental laws

-STATUTE-

(a) Restriction

Funds appropriated to the Department of Energy for the Naval

Nuclear Propulsion Program or the nuclear weapons programs or other

atomic energy defense activities of the Department of Energy may

not be used to pay a penalty, fine, or forfeiture in regard to a

defense activity or facility of the Department of Energy due to a

failure to comply with any environmental requirement.

(b) Exception

Subsection (a) of this section shall not apply with respect to an

environmental requirement if -

(1) the President fails to request funds for compliance with

the environmental requirement; or

(2) the Congress has appropriated funds for such purpose (and

such funds have not been sequestered, deferred, or rescinded) and

the Secretary of Energy fails to use the funds for such purpose.

-SOURCE-

(Pub. L. 99-661, div. C, title I, Sec. 3132, Nov. 14, 1986, 100

Stat. 4063.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1987 and also as part of the National Defense Authorization

Act for Fiscal Year 1987, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7273b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7273b. Security investigations

-STATUTE-

(1) No funds appropriated to the Department of Energy may be

obligated or expended for the conduct of an investigation by the

Department of Energy or any other Federal department or agency for

purposes of determining whether to grant a security clearance to an

individual or a facility unless the Secretary of Energy determines

both of the following:

(A) That a current, complete investigation file is not

available from any other department or agency of the Federal

government with respect to that individual or facility.

(B) That no other department or agency of the Federal

government is conducting an investigation with respect to that

individual or facility that could be used as the basis for

determining whether to grant the security clearance.

(2) For purposes of paragraph (1)(A), a current investigation

file is a file on an investigation that has been conducted within

the past five years.

-SOURCE-

(Pub. L. 101-510, div. C, title XXXI, Sec. 3104(d), Nov. 5, 1990,

104 Stat. 1828.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7273c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7273c. International cooperative stockpile stewardship

-STATUTE-

(a) Funding prohibition

No funds authorized to be appropriated or otherwise available to

the Department of Energy for any fiscal year may be obligated or

expended to conduct any activities associated with international

cooperative stockpile stewardship.

(b) Exceptions

Subsection (a) of this section does not apply to the following:

(1) Activities conducted between the United States and the

United Kingdom.

(2) Activities conducted between the United States and France.

(3) Activities carried out under title XIV of this Act relating

to cooperative threat reduction with states of the former Soviet

Union.

-SOURCE-

(Pub. L. 105-85, div. C, title XXXI, Sec. 3133, Nov. 18, 1997, 111

Stat. 2036; Pub. L. 105-261, div. A, title X, Sec. 1069(b)(3), div.

C, title XXXI, Sec. 3131, Oct. 17, 1998, 112 Stat. 2136, 2246.)

-REFTEXT-

REFERENCES IN TEXT

Title XIV of this Act, referred to in subsec. (b)(3), is title

XIV of Pub. L. 105-85, div. A, Nov. 18, 1997, 111 Stat. 1958, which

is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1998, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-MISC1-

SIMILAR PROVISIONS

Provisions similar to those in this section were contained in the

following prior authorization act:

Pub. L. 104-201, div. C, title XXXI, Sec. 3138, Sept. 23, 1996,

110 Stat. 2830.

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-261, Sec. 3131, substituted "for

any fiscal year" for "for fiscal year 1998".

Subsec. (b)(3). Pub. L. 105-261, Sec. 1069(b)(3), substituted

"XIV" for "III".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title X, Sec. 1069(b), Oct. 17, 1998,

112 Stat. 2136, provided that the amendment made by that section is

effective as of Nov. 18, 1997, and as if included in the National

Defense Authorization Act for Fiscal Year 1998, Pub. L. 105-85, as

enacted.

-End-

-CITE-

42 USC Sec. 7274 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274. Environmental impact statements relating to defense

facilities of Department of Energy

-STATUTE-

(1) The Secretary may not proceed with the preparation of an

environmental impact statement relating to the construction or

operation of a defense facility of the Department of Energy if the

estimated cost of preparing such statement exceeds $250,000 unless

-

(A) the Secretary has notified the Committees on Armed Services

of the Senate and the House of Representatives of his intent to

prepare such statement and a period of thirty days has expired

after the date on which such notice was received by such

committees; or

(B) the Secretary has received from each such committee, before

the expiration of such thirty-day period, a written notice that

the committee agrees with the decision of the Secretary regarding

the preparation of such statement.

(2) The provisions of paragraph (1) shall not apply in the case

of any environmental impact statement on which the Secretary began

preparation before December 4, 1981.

-SOURCE-

(Pub. L. 97-90, title II, Sec. 212(b), Dec. 4, 1981, 95 Stat.

1171.)

-COD-

CODIFICATION

Section was enacted as part of the Department of Energy National

Security and Military Applications of Nuclear Energy Authorization

Act of 1982, and not as part of the Department of Energy

Organization Act which comprises this chapter.

-MISC1-

NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE REPORT REQUIREMENT

Pub. L. 101-510, div. C, title XXXI, Sec. 3133, Nov. 5, 1990, 104

Stat. 1832, directed Secretary of Energy, not later than 30 days

after the end of each quarter of fiscal years 1991 and 1992, to

submit to Congress a brief report on Department of Energy's

compliance with National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), which was to contain a brief description of

each proposed action to be taken by the Department of Energy, the

environmental impact of which was not clearly insignificant, and a

description of the steps taken or proposed to be taken by the

Department of Energy to assess the environmental impact of the

proposed action, and if the Secretary found that the proposed

action of the Department of Energy would have no significant

impact, the Secretary was to include the rationale for that

determination.

-End-

-CITE-

42 USC Sec. 7274a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274a. Defense waste cleanup technology program

-STATUTE-

(a) Establishment of program

The Secretary of Energy shall establish and carry out a program

of research for the development of technologies useful for (1) the

reduction of environmental hazards and contamination resulting from

defense waste, and (2) environmental restoration of inactive

defense waste disposal sites.

(b) Coordination of research activities

(1) In order to ensure nonduplication of research activities by

the Department of Energy regarding technologies referred to in

subsection (a) of this section, the Secretary shall coordinate the

research activities of the Department of Energy relating to the

development of such technologies with the research activities of

the Environmental Protection Agency, the Department of Defense, and

other appropriate Federal agencies relating to the same matter.

(2) To the extent that funds are otherwise available for

obligation, the Secretary may enter into cooperative agreements

with the Environmental Protection Agency, the Department of

Defense, and other appropriate Federal agencies for the conduct of

research for the development of technologies referred to in

subsection (a) of this section.

(c) Definitions

As used in this section:

(1) The term "defense waste" means waste, including radioactive

waste, resulting primarily from atomic energy defense activities

of the Department of Energy.

(2) The term "inactive defense waste disposal site" means any

site (including any facility) under the control or jurisdiction

of the Secretary of Energy which is used for the disposal of

defense waste and is closed to the disposal of additional defense

waste, including any site that is subject to decontamination and

decommissioning.

-SOURCE-

(Pub. L. 101-189, div. C, title XXXI, Sec. 3141, Nov. 29, 1989, 103

Stat. 1679; Pub. L. 105-85, div. C, title XXXI, Sec. 3152(g), Nov.

18, 1997, 111 Stat. 2042.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1990 and 1991, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-MISC1-

AMENDMENTS

1997 - Subsecs. (c), (d). Pub. L. 105-85 redesignated subsec. (d)

as (c) and struck out former subsec. (c) which required Secretary

of Energy to submit to Congress not later than Apr. 1 each year a

report on research activities of Department of Energy for

development of technologies referred to in subsec. (a).

-End-

-CITE-

42 USC Sec. 7274b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274b. Reports in connection with permanent closures of

Department of Energy defense nuclear facilities

-STATUTE-

(a) Training and job placement services plan

Not later than 120 days before a Department of Energy defense

nuclear facility (as defined in section 2286g of this title)

permanently ceases all production and processing operations, the

Secretary of Energy must submit to the Committees on Armed Services

of the Senate and the House of Representatives a report containing

a discussion of the training and job placement services needed to

enable the employees at such facility to obtain employment in the

environmental remediation and cleanup activities at such facility.

The discussion shall include the actions that should be taken by

the contractor operating and managing such facility to provide

retraining and job placement services to employees of such

contractor.

(b) Closure report

Upon the permanent cessation of production operations at a

Department of Energy defense nuclear facility, the Secretary of

Energy shall submit to Congress a report containing -

(1) a complete survey of environmental problems at the

facility;

(2) budget quality data indicating the cost of environmental

restoration and other remediation and cleanup efforts at the

facility; and

(3) a discussion of the proposed cleanup schedule.

-SOURCE-

(Pub. L. 101-189, div. C, title XXXI, Sec. 3156, Nov. 29, 1989, 103

Stat. 1683.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1990 and 1991, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7274c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274c. Report on environmental restoration expenditures

-STATUTE-

Each year, at the same time the President submits to Congress the

budget for a fiscal year (pursuant to section 1105 of title 31),

the Secretary of Energy shall submit to Congress a report on how

the environmental restoration and waste management funds for

defense activities of the Department of Energy were expended during

the fiscal year preceding the fiscal year during which the budget

is submitted. The report shall include details on expenditures by

operations office, installation, budget category, and activity. The

report also shall include any schedule changes or modifications to

planned activities for the fiscal year in which the budget is

submitted.

-SOURCE-

(Pub. L. 101-510, div. C, title XXXI, Sec. 3134, Nov. 5, 1990, 104

Stat. 1833.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Year 1991, and not as part of the Department of

Energy Organization Act which comprises this chapter.

-MISC1-

DEPARTMENT OF ENERGY MANAGEMENT PLAN FOR ENVIRONMENTAL RESTORATION

AND WASTE MANAGEMENT ACTIVITIES

Section 3135 of Pub. L. 101-510 provided that:

"(a) Plan. - The Secretary of Energy shall develop a

comprehensive five-year plan for the management of environmental

restoration and waste management activities at facilities under the

jurisdiction of the Department of Energy.

"(b) Report. - Not later than June 1, 1991, the Secretary of

Energy shall submit to Congress a report on the management plan

developed under subsection (a). The report shall include the

following:

"(1) A description of management capabilities necessary to

carry out environmental programs covered by the management plan

for the next five years.

"(2) A description of current Department of Energy management

capabilities and inadequacies.

"(3) A description of the technical resources, including staff

and management information systems, needed to carry out the

management plan.

"(4) A description of assistance from other Federal agencies

and private contractors included in the management plan.

"(5) A description of the cost verification and quality control

elements included in the management plan."

-End-

-CITE-

42 USC Sec. 7274d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274d. Worker protection at nuclear weapons facilities

-STATUTE-

(a) Training grant program

(1) The Secretary of Energy is authorized to award grants to

organizations referred to in paragraph (2) in order for such

organizations -

(A) to provide training and education to persons who are or may

be engaged in hazardous substance response or emergency response

at Department of Energy nuclear weapons facilities; and

(B) to develop curricula for such training and education.

(2)(A) Subject to subparagraph (B), the Secretary is authorized

to award grants under paragraph (1) to non-profit organizations

that have demonstrated (as determined by the Secretary)

capabilities in -

(i) implementing and conducting effective training and

education programs relating to the general health and safety of

workers; and

(ii) identifying, and involving in training, groups of workers

whose duties include hazardous substance response or emergency

response.

(B) The Secretary shall give preference in the award of grants

under this section to employee organizations and joint

labor-management training programs that are grant recipients under

section 9660a of this title.

(3) An organization awarded a grant under paragraph (1) shall

carry out training, education, or curricula development pursuant to

Department of Energy orders relating to employee safety training,

including orders numbered 5480.4 and 5480.11.

(b) Enforcement of employee safety standards

(1) Subject to paragraph (2), the Secretary shall assess civil

penalties against any contractor of the Department of Energy who

(as determined by the Secretary) -

(A) employs individuals who are engaged in hazardous substance

response or emergency response at Department of Energy nuclear

weapons facilities; and

(B) fails (i) to provide for the training of such individuals

to carry out such hazardous substance response or emergency

response, or (ii) to certify to the Department of Energy that

such employees are adequately trained for such response pursuant

to orders issued by the Department of Energy relating to employee

safety training (including orders numbered 5480.4 and 5480.11).

(2) Civil penalties assessed under this subsection may not exceed

$5,000 for each day in which a failure referred to in paragraph

(1)(B) occurs.

(c) Regulations

The Secretary shall prescribe regulations to carry out this

section.

(d) "Hazardous substance" defined

For the purposes of this section, the term "hazardous substance"

includes radioactive waste and mixed radioactive and hazardous

waste.

(e) Funding

Of the funds authorized to be appropriated pursuant to section

3101(9)(A), $10,000,000 may be used for the purpose of carrying out

this section.

-SOURCE-

(Pub. L. 102-190, div. C, title XXXI, Sec. 3131, Dec. 5, 1991, 105

Stat. 1571.)

-REFTEXT-

REFERENCES IN TEXT

Section 3101(9)(A), referred to in subsec. (e), is section

3101(9)(A) of Pub. L. 102-190, div. C, title XXXI, Dec. 5, 1991,

105 Stat. 1564, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1992 and 1993, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 7274e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274e. Scholarship and fellowship program for environmental

restoration and waste management

-STATUTE-

(a) Establishment

The Secretary of Energy shall conduct a scholarship and

fellowship program for the purpose of enabling individuals to

qualify for employment in environmental restoration and waste

management positions in the Department of Energy. The scholarship

and fellowship program shall be known as the "Marilyn Lloyd

Scholarship and Fellowship Program".

(b) Eligibility

To be eligible to participate in the scholarship and fellowship

program, an individual must -

(1) be accepted for enrollment or be currently enrolled as a

full-time student at an institution of higher education (as

defined in section 101 of the Higher Education Act of 1965 [20

U.S.C. 1001]);

(2) be pursuing a program of education that leads to an

appropriate higher education degree in a qualifying field of

study, as determined by the Secretary;

(3) sign an agreement described in subsection (c) of this

section;

(4) be a citizen or national of the United States or be an

alien lawfully admitted to the United States for permanent

residence; and

(5) meet such other requirements as the Secretary prescribes.

(c) Agreement

An agreement between the Secretary and a participant in the

scholarship and fellowship program established under this section

shall be in writing, shall be signed by the participant, and shall

include the following provisions:

(1) The Secretary's agreement to provide the participant with

educational assistance for a specified number of school years

(not exceeding 5) during which the participant is pursuing a

program of education in a qualifying field of study. The

assistance may include payment of tuition, fees, books,

laboratory expenses, and a stipend.

(2) The participant's agreement (A) to accept such educational

assistance, (B) to maintain enrollment and attendance in the

program of education until completed, (C) while enrolled in such

program, to maintain satisfactory academic progress as prescribed

by the institution of higher education in which the participant

is enrolled, and (D) after completion of the program of

education, to serve as a full-time employee in an environmental

restoration or waste management position in the Department of

Energy for a period of 12 months for each school year or part

thereof for which the participant is provided a scholarship or

fellowship under the program established under this section.

(d) Repayment

(1) Any person participating in a scholarship or fellowship

program established under this section shall agree to pay to the

United States the total amount of educational assistance provided

to the person under the program, plus interest at the rate

prescribed by paragraph (4), if the person -

(A) does not complete the course of education as agreed to

pursuant to subsection (c) of this section, or completes the

course of education but declines to serve in a position in the

Department of Energy as agreed to pursuant to subsection (c) of

this section; or

(B) is voluntarily separated from service or involuntarily

separated for cause from the Department of Energy before the end

of the period for which the person has agreed to continue in the

service of the Department of Energy.

(2) If an employee fails to fulfill his agreement to pay to the

Government the total amount of educational assistance provided to

the person under the program, plus interest at the rate prescribed

by paragraph (4), a sum equal to the amount of the educational

assistance (plus such interest) is recoverable by the Government

from the person or his estate by -

(A) in the case of a person who is an employee, setoff against

accrued pay, compensation, amount of retirement credit, or other

amount due the employee from the Government; and

(B) such other method as is provided by law for the recovery of

amounts owing to the Government.

(3) The Secretary may waive in whole or in part a required

repayment under this subsection if the Secretary determines the

recovery would be against equity and good conscience or would be

contrary to the best interests of the United States.

(4) For purposes of repayment under this section, the total

amount of educational assistance provided to a person under the

program shall bear interest at the applicable rate of interest

under section 427A(c) of the Higher Education Act of 1965 (20

U.S.C. 1077a(c)).

(e) Preference for cooperative education students

In evaluating applicants for award of scholarships and

fellowships under the program, the Secretary of Energy may give a

preference to an individual who is enrolled in, or accepted for

enrollment in, an educational institution that has a cooperative

education program with the Department of Energy.

(f) Coordination of benefits

A scholarship or fellowship awarded under this section shall be

taken into account in determining the eligibility of the student

for Federal student financial assistance provided under title IV of

the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [and 42

U.S.C. 2751 et seq.]).

(g) Award of scholarships and fellowships

(1) Subject to paragraph (2), the Secretary shall award at least

20 scholarships (for undergraduate students) and 20 fellowships

(for graduate students) during fiscal year 1992.

(2) The requirement to award 20 scholarships and 20 fellowships

under paragraph (1) applies only to the extent there is a

sufficient number of applicants qualified for such awards.

(h) Report to Congress

Not later than January 1, 1993, the Secretary of Energy shall

submit to Congress a report on activities undertaken under the

program and recommendations for future activities under the

program.

(i) Funding

Of the funds authorized to be appropriated pursuant to section

3101(9)(B), $1,000,000 may be used for the purpose of carrying out

this section.

-SOURCE-

(Pub. L. 102-190, div. C, title XXXI, Sec. 3132, Dec. 5, 1991, 105

Stat. 1572; Pub. L. 103-337, div. C, title XXXI, Sec. 3156(b)(1),

Oct. 5, 1994, 108 Stat. 3092; Pub. L. 105-244, title I, Sec.

102(a)(13)(F), Oct. 7, 1998, 112 Stat. 1620.)

-REFTEXT-

REFERENCES IN TEXT

The Higher Education Act of 1965, referred to in subsec. (f), is

Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV

of the Act is classified generally to subchapter IV (Sec. 1070 et

seq.) of chapter 28 of Title 20, Education, and part C (Sec. 2751

et seq.) of subchapter I of chapter 34 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 20 and Tables.

Section 3101(9)(B), referred to in subsec. (i), is section

3101(9)(B) of Pub. L. 102-190, div. C, title XXXI, Dec. 5, 1991,

105 Stat. 1564, which is not classified to the Code.

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1992 and 1993, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-244 substituted "section 101

of the Higher Education Act of 1965" for "section 1201(a) of the

Higher Education Act of 1965 (20 U.S.C. 1141(a))".

1994 - Subsec. (a). Pub. L. 103-337 inserted at end "The

scholarship and fellowship program shall be known as the 'Marilyn

Lloyd Scholarship and Fellowship Program'."

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 3156(b)(2) of Pub. L. 103-337 provided that: "The

amendment made by paragraph (1) [amending this section] shall take

effect on January 3, 1995."

-End-

-CITE-

42 USC Sec. 7274f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 84 - DEPARTMENT OF ENERGY

SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

Part C - General Administrative Provisions

-HEAD-

Sec. 7274f. Defense Environmental Restoration and Waste Management

Account

-STATUTE-

(a) Establishment

There is hereby established in the Treasury of the United States

for the Department of Energy an account to be known as the "Defense

Environmental Restoration and Waste Management Account" (hereafter

in this section referred to as the "Account").

(b) Amounts in Account

All sums appropriated to the Department of Energy for

environmental restoration and waste management at defense nuclear

facilities shall be credited to the Account. Such appropriations

shall be authorized annually by law. To the extent provided in

appropriations Acts, amounts in the Account shall remain available

until expended.

-SOURCE-

(Pub. L. 102-190, div. C, title XXXI, Sec. 3134, Dec. 5, 1991, 105

Stat. 1575.)

-COD-

CODIFICATION

Section was enacted as part of the National Defense Authorization

Act for Fiscal Years 1992 and 1993, and not as part of the

Department of Energy Organization Act which comprises this chapter.

-End-