42 USC Ch. 84: Front Matter
From Title 42-THE PUBLIC HEALTH AND WELFARECHAPTER 84-DEPARTMENT OF ENERGY
Jump To: Miscellaneous
CHAPTER 84-DEPARTMENT OF ENERGY
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Repealed.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.
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.
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.
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.
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.
7271.
Common defense and security program requests of single authorization of appropriations.
7271a to 7271c. Repealed.
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.
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.
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.
7383i.
Definitions of national laboratory and nuclear weapons production facility.
7383j.
Definition of Restricted Data.
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.