CHAPTER 84 —DEPARTMENT OF ENERGY
SUBCHAPTER I—DECLARATION OF FINDINGS AND PURPOSES
SUBCHAPTER II—ESTABLISHMENT OF DEPARTMENT
SUBCHAPTER III—TRANSFERS OF FUNCTIONS
SUBCHAPTER IV—FEDERAL ENERGY REGULATORY COMMISSION
SUBCHAPTER V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
SUBCHAPTER VI—ADMINISTRATIVE PROVISIONS
Part A—Conflict of Interest Provisions
Part B—Personnel Provisions
Part C—General Administrative Provisions
SUBCHAPTER VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
SUBCHAPTER VIII—ENERGY PLANNING
SUBCHAPTER IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS
SUBCHAPTER X—SUNSET PROVISIONS
SUBCHAPTER XI—ENERGY TARGETS
SUBCHAPTER XII—RENEWABLE ENERGY INITIATIVES
SUBCHAPTER XIII—DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS
Part A—Science Education Enhancement
Part B—Science, Engineering, and Mathematics Education Programs
subpart 1—[repealed]
subpart 2—[repealed]
subpart 3—national laboratories centers of excellence in science, technology, engineering, and mathematics education
subpart 4—summer institutes
subpart 5—[repealed]
subpart 6—administration
SUBCHAPTER XIV—ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS
SUBCHAPTER XV—MATTERS RELATING TO SAFEGUARDS, SECURITY, AND COUNTERINTELLIGENCE
SUBCHAPTER XVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM
Part A—Establishment of Compensation Program and Compensation Fund
Part B—Program Administration
Part C—Treatment, Coordination, and Forfeiture of Compensation and Benefits
Part D—Assistance in State Workers' Compensation Proceedings
Part E—Contractor Employee Compensation
SUBCHAPTER XVII—[Repealed]
§7101. Definitions
(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.
(
References in Text
This chapter, referred to in subsecs. (a), (b), and (c), was in the original "this Act", meaning
Short Title of 1997 Amendment
Short Title of 1990 Amendment
Short Title
For short title of part E of title XXXI of div. C of
For short title of part A of title V of
For short title of subtitle D of title XXXI of div. C of
For short title of section 1 [div. C, title XXXVI] of
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, §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.
SUBCHAPTER I—DECLARATION OF FINDINGS AND PURPOSES
§7111. Congressional findings
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.
(
§7112. Congressional declaration of purpose
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).
(
References in Text
This chapter, referred to in introductory provisions and pars. (14) and (18), was in the original "this Act", meaning
Amendments
1990—
§7113. Relationship with States
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
SUBCHAPTER II—ESTABLISHMENT OF DEPARTMENT
§7131. Establishment
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
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
Emergency Preparedness for Energy Supply Disruptions
"(a)
"(b)
"(1) improve communication and coordination between the Department of Energy's energy response team, Federal partners, and industry;
"(2) leverage the Energy Information Administration's subject matter expertise within the Department's energy response team to improve supply chain situation assessments;
"(3) establish company liaisons and direct communication with the Department's energy response team to improve situation assessments;
"(4) streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery;
"(5) facilitate and increase engagement among States, the oil and natural gas industry, and the Department in developing State and local energy assurance plans;
"(6) establish routine education and training programs for key government emergency response positions with the Department and States; and
"(7) involve States and the oil and natural gas industry in comprehensive drill and exercise programs.
"(c)
"(d)
§7132. Principal officers
(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
(b) Under Secretary for Science
(1) There shall be in the Department an Under Secretary for Science, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under
(3) The Under Secretary for Science shall be appointed from among persons who—
(A) have extensive background in scientific or engineering fields; and
(B) are well qualified to manage the civilian research and development programs of the Department.
(4) The Under Secretary for Science shall—
(A) serve as the Science and Technology Advisor to the Secretary;
(B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs;
(C) advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department;
(D) 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;
(E) 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;
(F) advise the Secretary with respect to long-term planning, coordination, and development of a strategic framework for Department research and development activities; and
(G) carry out such additional duties assigned to the Under Secretary by the Secretary relating to basic and applied research, including supervision or support of research activities carried out by any of the Assistant Secretaries designated by
(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
(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
(d) Under Secretary
(1) There shall be in the Department an Under Secretary, 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, consistent with this section.
(2) The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under
(e) General Counsel
(1) There shall be in the Department 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.
(2) The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under
(
Amendments
2005—Subsec. (b).
Subsecs. (d), (e).
1999—Subsec. (c).
Term of Office of Person First Appointed as Under Secretary for Nuclear Security of the Department of Energy
"(a)
"(b)
"(c)
Substantially identical provisions were contained in
§7133. Assistant Secretaries; appointment and confirmation; identification of responsibilities
(a) There shall be in the Department 8 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
(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
(5) Repealed.
(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) (or any portion thereof) for which such individual will be responsible.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
2009—Subsec. (a).
2005—Subsec. (a).
1999—Subsec. (a).
Subsec. (a)(5).
Effective Date of 1999 Amendment
Amendment by
Federal Power Marketing Administration Employment Levels
Marketing and Exchange of Surplus Electricity From Navajo Generating Station
"(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 [
"(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 [
"(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 [
"(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."
§7134. Federal Energy Regulatory Commission; compensation of Chairman and members
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
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§7135. Energy Information Administration
(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
(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
(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 [
(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
(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 [
(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
(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
(7) The provisions of
(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 four 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 (
(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 (
(1) conduct surveys of residential and commercial energy use at least once every four 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), 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.
(m) Renewable fuels survey
(1) In order to improve the ability to evaluate the effectiveness of the Nation's renewable fuels mandate, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly, and in a manner designed to protect the confidentiality of individual responses. In conducting the survey, the Administrator shall collect information both on a national and regional basis, including each of the following:
(A) The quantity of renewable fuels produced.
(B) The quantity of renewable fuels blended.
(C) The quantity of renewable fuels imported.
(D) The quantity of renewable fuels demanded.
(E) Market price data.
(F) Such other analyses or evaluations as the Administrator finds are necessary to achieve the purposes of this section.
(2) The Administrator shall also collect or estimate information both on a national and regional basis, pursuant to subparagraphs (A) through (F) of paragraph (1), for the 5 years prior to implementation of this subsection.
(3) This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (
(
References in Text
The Federal Energy Administration Act of 1974, referred to in subsec. (c), is
This chapter, referred to in subsecs. (c), (h)(1)(B)(i), (2)(E) to (4), and (j)(2)(A), was in the original "this Act", meaning
Section 55 of part B of the Federal Energy Administration Act of 1974, referred to in subsec. (e), was classified to
The Energy Policy and Conservation Act, referred to in subsec. (h)(3), is
Amendments
2014—Subsec. (i)(1).
Subsec. (k)(1).
2005—Subsec. (m).
1992—Subsec. (i)(1).
Subsec. (i)(1)(D).
Subsecs. (j) to (l).
1986—Subsec. (i).
End Use Consumption Surveys; Manufacturing Energy Consumption Survey
1 See References in Text note below.
2 So in original.
§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
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 [
(
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, §1,
The Federal Nonnuclear Energy Research and Development Act, referred to in text, probably means the Federal Nonnuclear Energy Research and Development Act of 1974,
The Geothermal Research, Development, and Demonstration Act, referred to in text, probably means the Geothermal Energy, Research, Development, and Demonstration Act of 1974,
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,
The Solar Heating and Cooling Demonstration Act, referred to in text, probably means the Solar Heating and Cooling Demonstration Act of 1974,
The Solar Energy Research, Development, and Demonstration Act, referred to in text, probably means the Solar Energy Research, Development, and Demonstration Act of 1974,
The Energy Reorganization Act, referred to in text, probably means the Energy Reorganization Act of 1974,
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.
§7136. Economic Regulatory Administration; appointment of Administrator; compensation; qualifications; functions
(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
(b) Consistent with the provisions of subchapter IV, the Secretary shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate.
(
§7137. Functions of Comptroller General
The functions of the Comptroller General of the United States under
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§7138. Repealed. Pub. L. 100–504, title I, §102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517
Section,
Effective Date of Repeal
Repeal effective 180 days after Oct. 18, 1988, see section 113 of
§7139. Office of Science; establishment; appointment of Director; compensation; duties
(a) Establishment
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
(b) Duties and responsibilities of Director
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.
(c) Mission
The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major scientific tools to transform the understanding of nature and to advance the energy, economic, and national security of the United States.
(
Amendments
2018—Subsec. (c).
2005—Subsec. (b)(6).
1998—
§7140. Leasing Liaison Committee; establishment; composition
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.
(
§7141. Office of Minority Economic Impact
(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
(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 1 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 2 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
(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 Asian American, Native Hawaiian, a Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or an Alaska Native;
(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).
(
Amendments
2016—Subsec. (f)(1).
1 So in original. Probably should be "determine".
2 So in original. Probably should be "and".
§7142. National Atomic Museum and National Atomic Testing Museum
(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
(4) For the purposes of subchapter I of
(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.
(d) Recognition and status of National Atomic Testing Museum
The museum operated by the Nevada Test Site Historical Foundation and located in Las Vegas, Nevada—
(1) is recognized as the official atomic testing museum of the United States; and
(2) shall be known as the "National Atomic Testing Museum".
(
References in Text
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.
Amendments
2011—
Subsec. (d).
1993—Subsec. (c)(1).
1 See References in Text note below.
§7142a. Designation of American Museum of Science and Energy
(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.
(
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.
§7142b. Authority
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.
(
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.
§7142c. Museum volunteers
(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) shall not be considered Federal employment.
(2) Exceptions
(A) Federal Tort Claims Act
For purposes of
(B) Compensation for work injuries
For purposes of subchapter I of
(c) Compensation
A volunteer under subsection (a) 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.
(
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.
§7142d. Definitions
For purposes of
(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.
(
References in Text
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.
§7143. Repealed. Pub. L. 106–65, div. C, title XXXII, §3294(d)(1), Oct. 5, 1999, 113 Stat. 970
Section,
Effective Date of Repeal
Repeal effective Mar. 1, 2000, see section 3299 of
§7144. Establishment of policy for National Nuclear Security Administration
(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.
(
Effective Date
Section effective Mar. 1, 2000, see section 3299 of
§7144a. Establishment of security, counterintelligence, and intelligence policies
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.
(
Amendments
2019—
2006—
Effective Date
Section effective Oct. 5, 1999, see section 3299 of
§7144b. Office of Intelligence and Counterintelligence
(a) Definitions
In this section, the terms "intelligence community" and "National Intelligence Program" have the meanings given such terms in
(b) In general
There is in the Department an Office of Intelligence and Counterintelligence. Such office shall be under the National Intelligence Program.
(c) Director
(1) The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who shall be an employee in the Senior Executive Service, the Senior Intelligence Service, the Senior National Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National Intelligence, considers appropriate. The Director of the Office shall report directly to the Secretary.
(2) The Secretary shall select an individual to serve as the Director from among individuals who have substantial expertise in matters relating to the intelligence community, including foreign intelligence and counterintelligence.
(d) Duties
(1) Subject to the authority, direction, and control of the Secretary, the Director shall perform such duties and exercise such powers as the Secretary may prescribe.
(2) The Director shall be responsible for establishing policy for intelligence and counterintelligence programs and activities at the Department.
(
Amendments
2019—
2006—Subsec. (b)(1).
Effective Date
Section effective Oct. 5, 1999, see section 3299 of
§7144c. Repealed. Pub. L. 116–92, div. E, title LXIV, §6421(b), Dec. 20, 2019, 133 Stat. 2199
Section,
§7144d. Office of Arctic Energy
(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).
(
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.
§7144e. Office of Indian Energy Policy and Programs
(a) Establishment
There is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the "Office"). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Executive Schedule under
(b) Duties of Director
The Director, in accordance with Federal policies promoting Indian self-determination and the purposes of this chapter, shall provide, direct, foster, coordinate, and implement energy planning, education, management, conservation, and delivery programs of the Department that—
(1) promote Indian tribal energy development, efficiency, and use;
(2) reduce or stabilize energy costs;
(3) enhance and strengthen Indian tribal energy and economic infrastructure relating to natural resource development and electrification; and
(4) bring electrical power and service to Indian land and the homes of tribal members located on Indian lands or acquired, constructed, or improved (in whole or in part) with Federal funds.
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
SUBCHAPTER III—TRANSFERS OF FUNCTIONS
§7151. General transfers
(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, 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
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
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
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 (
(a) Executive Order No. 11647, as amended [formerly set out as a note under
(b) Executive Order No. 11790 of June 25, 1974 [set out as a note under
(c) Executive Order No. 11912, as amended [set out as a note under
(a) Executive Order No. 10485 of September 3, 1953, [set out as a note under
(b) Executive Order No. 11969 of February 2, 1977 [formerly set out as a note under
(c) Paragraph (2) of Section 3 of Executive Order No. 11331, as amended [formerly set out as a note under
(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.
(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
(2) [Former] Executive Order No. 11652, as amended, 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
(4) [Former] Executive Order No. 11905, as amended, 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
(ii) Executive Order No. 11371, as amended [formerly set out as a note under
(iii) Executive Order No. 11578, as amended [formerly set out as a note under
(iv) Executive Order No. 11658, as amended [formerly set out as a note under
(v) Executive Order No. 11659, as amended [formerly set out as a note under
(a) Executive Order No. 10480, as amended [formerly set out as a note under former
"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
(b) Executive Order No. 11490, as amended [formerly set out as a note under
"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.".
Jimmy Carter.
§7151a. Jurisdiction over matters transferred from Energy Research and Development Administration
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.
(
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.
§7152. Transfers from Department of the Interior
(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
(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 [
(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, §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.
(
References in Text
The Bonneville Project Act of 1937, referred to in subsec. (a)(1)(C), is act Aug. 20, 1937, ch. 720,
The Federal Columbia River Transmission System Act, referred to in subsec. (a)(1)(C), is
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,
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
Act of May 15, 1910, referred to in subsec. (d), as amended, probably means act May 16, 1910, ch. 240,
Amendments
1995—Subsec. (a)(1)(C) to (F).
Subsec. (a)(2).
1981—Subsecs. (b), (c).
Change of Name
Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of
Effective Date of 1995 Amendment
For effective date of amendment by
Alaska Power Administration Asset Sale and Termination
"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)
"(b)
"(c)
"(d)
"(e)
"(f)
"SEC. 104. EXEMPTION AND OTHER PROVISIONS.
"(a)
"(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)
"(c)
"(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)
"(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,
"(e)
"(f)
"(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)
"(2) Section 204 of the Flood Control Act of 1962 (
"(3) The Act of August 9, 1955 [enacting
"(h)
"(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)
"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 [
Use of Funds To Study Noncost-Based Methods of Pricing Hydroelectric Power
Transfers to Secretary of the Interior of Certain Fossil Energy Research and Development Authorities
1 So in original. The comma probably should not appear.
2 See References in Text note below.
§7153. Administration of leasing transfers
(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, §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
(
References in Text
Amendments
1981—Subsec. (c).
1 See References in Text note below.
§7154. Transfers from Department of Housing and Urban Development
(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 [
(b) There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to
(
References in Text
The Energy Conservation and Production Act, referred to in subsec. (a), is
§7155. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379
Section,
§7156. Transfers from Department of the Navy
There are transferred to and vested in the Secretary all functions vested by
(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.
(
Amendments
2018—
Effective Date of 2018 Amendment
Amendment by
§7156a. Repealed. Pub. L. 105–85, div. C, title XXXIV, §3403, Nov. 18, 1997, 111 Stat. 2059
Section,
§7157. Transfers from Department of Commerce
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.
(
§7158. Naval reactor and military application programs
The Division of Naval Reactors established pursuant to
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Amendments
1999—
Effective Date of 1999 Amendment
Amendment by
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 as a note under
§7159. Transfer to Department of Transportation
Notwithstanding
(
SUBCHAPTER IV—FEDERAL ENERGY REGULATORY COMMISSION
§7171. Appointment and administration
(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
(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
(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
(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.
(
References in Text
This chapter, referred to in subsecs. (i) and (j), was in the original "this Act", meaning
Amendments
1990—Subsec. (b).
Effective Date of 1990 Amendment
Renewable Energy and Energy Conservation Incentives
"(a)
"(b)
"(c)
"(d)
Retention and Use of Revenues From Licensing Fees, Inspection Services, and Other Services and Collections; Reduction To Achieve Final Fiscal Year Appropriation
Similar provisions were contained in the following appropriation acts:
§7172. Jurisdiction of Commission
(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 [
(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 [
(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 [
(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 [
(E) the establishment, review, and enforcement of curtailments, other than the establishment and review of priorities for such curtailments, under the Natural Gas Act [
(F) the regulation of mergers and securities acquisition under the Federal Power Act [
(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 [
(B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas Act [
(b) Repealed. Pub. L. 103–272, §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
(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
(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
(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
(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.
(
References in Text
The Federal Power Act, referred to in subsec. (a)(1)(A), (B), and (F), is act June 10, 1920, ch. 285,
The Natural Gas Act, referred to in subsec. (a)(1)(E), (F), is act June 21, 1938, ch. 556,
Amendments
1994—Subsec. (b).
Oil Pipeline Regulatory Reform
"SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.
"(a)
"(b)
"SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.
"(a)
"(b)
"(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)
"(d)
"(1)
"(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)
"(e)
"SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES.
"(a)
"(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
"(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)
"(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)
"SEC. 1804. DEFINITIONS.
"For the purposes of this title, the following definitions apply:
"(1)
"(2)
"(A)
"(B)
"(3)
"(4)
1 See References in Text note below.
§7173. Initiation of rulemaking procedures before Commission
(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
(b) Consideration and final action on proposals of Secretary
The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection (a), 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
(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 [
(
References in Text
The Federal Power Act, referred to in subsec. (c), is act June 10, 1920, ch. 285,
The Natural Gas Act, referred to in subsecs. (c) and (d), is act June 21, 1938, ch. 556,
§7174. Referral of other rulemaking proceedings to Commission
(a) Notification of Commission of proposed action; public comment
Except as provided in
(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);
(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); 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
(
Codification
In subsec. (a), "
§7175. Right of Secretary to intervene in Commission proceedings
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.
(
§7176. Reorganization
For the purposes of
(
§7177. Access to information
(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
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
§7178. Federal Energy Regulatory Commission fees and annual charges
(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
(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.
(
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.
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
(1) Subject to the other requirements of this subchapter, the provisions of subchapter II of
(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
(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)) 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
(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).
(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), 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.
(
References in Text
This chapter, referred to in subsecs. (a)(1) and (e), was in the original "this Act", meaning
Amendments
1997—Subsec. (b).
"(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
Subsec. (c).
Subsec. (d).
Subsecs. (e) to (g).
§7192. Judicial review
(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
(c) Litigation supervision by Attorney General
Subject to the provisions of
(
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act", meaning
§7193. Remedial orders
(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
(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.
(
References in Text
The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is
Amendments
1978—Subsecs. (e), (f).
Subsec. (g).
Effective Date of 1978 Amendment
Amendment by
1 See References in Text note below.
§7194. Requests for adjustments
(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
(b)(1) If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a) 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
(
References in Text
The Federal Energy Administration Act, referred to in subsec. (a), is
The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is
The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (a), is
The Energy Policy and Conservation Act, referred to in subsec. (a), is
1 See References in Text note below.
2 So in original. Probably should be "recision".
§7195. Report to Congress; contents
Within one year after October 1, 1977, the Secretary shall submit a report to Congress concerning the actions taken to implement
(
SUBCHAPTER VI—ADMINISTRATIVE PROVISIONS
Part A—Conflict of Interest Provisions
§§7211, 7212. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(6), Feb. 10, 1996, 110 Stat. 664
Section 7211,
Section 7212,
Effective Date of Repeal
For effective date and applicability of repeal, see section 4401 of
§§7213 to 7217. Repealed. Pub. L. 103–160, div. C, title XXXI, §3161(a), Nov. 30, 1993, 107 Stat. 1957
Section 7213,
Section 7214,
Section 7215,
Section 7216,
Section 7217,
§7218. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(6), Feb. 10, 1996, 110 Stat. 664
Section,
A prior section 603 of
Effective Date of Repeal
For effective date and applicability of repeal, see section 4401 of
Part B—Personnel Provisions
§7231. Officers and employees
(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
(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
(2) Appointments under this subsection may be made without regard to the provisions of
(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
(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
(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.
(
References in Text
This chapter, referred to in subsecs. (c)(2) and (d), was in the original "this Act", meaning
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
Amendments
1991—Subsec. (f).
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, §102, 43 F.R. 36037,
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, §101(c)(1)] of
Appointments of Exceptionally Well Qualified Individuals to Scientific, Engineering, or Other Critical Technical Positions
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(5)
"(c)
"(1)
"(A) the exercise of the authority granted under subsection (a) is consistent with the merit principles of
"(B) the Department notifies diverse professional associations and institutions of higher education, including those serving the interests of women and racial or ethnic minorities that are underrepresented in scientific, engineering, and mathematical fields, of position openings as appropriate.
"(2)
"(A) the ability to attract exceptionally well qualified scientists, engineers, and technical personnel;
"(B) the amount of total compensation paid each employee hired under the authority each calendar year; and
"(C) whether additional safeguards or measures are necessary to carry out the authority and, if so, what action, if any, has been taken to implement the safeguards or measures.
"(d)
Authority for Appointment of Certain Scientific, Engineering, and Technical Personnel
1 See References in Text note below.
§7232. Senior positions
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
(
§7233. Experts and consultants
The Secretary may obtain services as authorized by
(
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, §101(c)(1)] of
§7234. Advisory committees
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
(
References in Text
The Federal Advisory Committee Act, referred to in text, is
Amendments
1997—
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
Department of Energy Project Review Groups not Subject to Federal Advisory Committee Act by Reason of Inclusion of Employees of Department of Energy Management and Operating Contractors
§7235. Armed services personnel
(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
(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.
(
Amendments
2018—Subsec. (a).
1978—Subsec. (b).
Effective Date of 2018 Amendment
Amendment by
§7236. Transferred
Codification
Section,
§7237. Priority placement, job placement, retraining, and counseling programs for United States Department of Energy employees affected by reduction in force
(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
(ii) procedures established under
(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
(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) 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) 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.
(
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.
§7238. Temporary appointments for scientific and technical experts in Department of Energy research and development programs
(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
(
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.
Definitions
"(1) the term 'Department' means the Department of Energy; and
"(2) the term 'Secretary' means the Secretary of Energy."
§7239. Transferred
Codification
Section,
Part C—General Administrative Provisions
§7251. General authority
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Improvement and Streamlining of the Missions and Operations of the Department of Energy and National Nuclear Security Administration
"(a)
"(b)
"(1) Streamline business processes and structures to reduce unnecessary, burdensome, or duplicative approvals.
"(2) Delegate approval for work for others agreements and cooperative research and development agreements (except those that the Secretary or Administrator determine are high value or unique) to the lowest appropriate officials and streamline the approval processes.
"(3) Establish processes for ensuring routine or low-risk procurement and subcontracting decisions are made at the discretion of the management and operating contractors while ensuring that the Secretary or Administrator apply appropriate oversight.
"(4) Assess procurement thresholds as of the date of the enactment of this Act [Jan. 2, 2013] and take steps as appropriate to adjust such thresholds.
"(5) Eliminate duplicative or low-value reports and data calls and ensure consistency in management and cost-accounting data.
"(6) Actions to otherwise streamline, clarify, and eliminate redundancy in the regulations, rules, directives, orders, and policies described by subsection (a).
"(c)
"(1)
"(2)
"(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]; and
"(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives."
Department of Energy Security Management Board
§7252. Delegation
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.
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Reorganization of Field Activities and Management of National Security Functions
§7253. Reorganization
(a) Subject to subsection (b), 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) 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
(c) The authority of the Secretary under subsection (a) does not apply to the National Nuclear Security Administration. The corresponding authority that applies to the Administration is set forth in section 2402(e) 1 of title 50.
(
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning
Amendments
2013—Subsecs. (b), (c).
2000—Subsec. (a).
Subsec. (b).
1 See References in Text note below.
§7254. Rules and regulations
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.
(
§7255. Subpoena
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
(
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Natural Gas Policy Act of 1978, referred to in text, is
Amendments
1978—
§7256. Contracts, leases, etc., with public agencies and private organizations and persons
(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) 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) 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), 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), 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) 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) 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.
(g) Additional authorities
(1) In addition to authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense under
(2) In applying
(A) the term "basic" shall be replaced by the term "research";
(B) the term "applied" shall be replaced by the term "development"; and
(C) the terms "advanced research projects" and "advanced research" shall be replaced by the term "demonstration projects".
(3) The authority of the Secretary under paragraph (1) shall not be subject to—
(A)
(B)
(4)(A) The Secretary shall use such competitive, merit-based selection procedures in entering into transactions under paragraph (1), as the Secretary determines in writing to be practicable.
(B) A transaction under paragraph (1) shall relate to a research, development, or demonstration project only if the Secretary determines in writing that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate.
(5) The Secretary may protect from disclosure, for up to 5 years after the date on which the information is developed, any information developed pursuant to a transaction under paragraph (1) that would be protected from disclosure under
(6)(A) Not later than 90 days after August 8, 2005, the Secretary shall issue guidelines for transactions under paragraph (1).
(B) The guidelines shall be published in the Federal Register for public comment in accordance with rulemaking procedures of the Department.
(C) The Secretary shall not have authority to carry out transactions under paragraph (1) until the guidelines for transactions required under subparagraph (A) are final.
(7) The annual report of the head of an executive agency under section 2371(h) 1 of title 10 shall be submitted to Congress.
(8)(A) In this paragraph, the term "nontraditional Government contractor" has the meaning given the term "nontraditional defense contractor" in section 845(f) 1 of the National Defense Authorization Act for Fiscal Year 1994 (
(B) Not later than 1 year after the date on which the final guidelines are published under paragraph (6), the Comptroller General of the United States shall submit to Congress a report describing—
(i) the use by the Department of authorities under this section, including the ability to attract nontraditional Government contractors; and
(ii) whether additional safeguards are necessary to carry out the authorities.
(9) The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate.
(10) Notwithstanding any other provision of law, the authority to enter into transactions under paragraph (1) shall terminate on September 30, 2020.
(
References in Text
Section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (
Amendments
2013—Subsec. (g)(10).
2011—Subsec. (g)(10).
2005—Subsec. (g).
1993—Subsecs. (c) to (f).
Small Business Contracting
"(a) Not later than September 30, 2005, the Department of Energy and the Small Business Administration shall enter into a memorandum of understanding setting forth an appropriate methodology for measuring the achievement of the Department of Energy with respect to awarding contracts to small businesses.
"(b) The methodology set forth in the memorandum of understanding entered into under subsection (a) shall, at a minimum, include—
"(1) a method of counting the achievement of the Department of Energy in awards of—
"(A) prime contracts; and
"(B) subcontracts to small businesses awarded by Department of Energy management and operating, management and integration, and other facility management prime contractors; and
"(2) uniform criteria that could be used by prime contractors when measuring the value and number of subcontracts awarded to small businesses."
Pilot Program Relating to Use of Proceeds of Disposal or Utilization of Certain Department of Energy Assets
Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher Education
"(a)
"(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 (
"(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 (
"(b)
"(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)
"(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
"(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 (
[For termination, effective May 15, 2000, of reporting provisions in section 204(b) of
1 See References in Text note below.
§§7256a, 7256b. Transferred
Codification
Section 7256a,
Section 7256b,
§7257. Acquisition, construction, etc., of laboratories, research and testing sites, etc.
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.
(
Pilot Program for Project Management Oversight Regarding Department of Energy Construction Projects
"(a)
"(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)
"(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)
"(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)
"(1) on a competitive basis; and
"(2) from among commercial entities that—