Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 42 U.S.C. § 7101 - Definitions
## Text
(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.
(Pub. L. 9591, § 2, Aug. 4, 1977, 91 Stat. 567.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a), (b), and (c), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Statutory Notes and Related Subsidiaries
Short Title of 1997 AmendmentPub. L. 10528, § 1, July 18, 1997, 111 Stat. 245, provided that: “This Act [amending sections 7191 and 7234 of this title and repealing section 776 of Title 15, Commerce and Trade] may be cited as the Department of Energy Standardization Act of 1997.”
Short Title of 1990 AmendmentPub. L. 101271, § 1, Apr. 11, 1990, 104 Stat. 135, provided that: “This Act [amending section 7171 of this title and enacting provisions set out as a note under section 7171 of this title] may be cited as the Federal Energy Regulatory Commission Member Term Act of 1990.”
Short TitlePub. L. 9591, § 1, Aug. 4, 1977, 91 Stat. 565, provided: “That this Act [enacting this chapter and section 916 of Title 7, Agriculture, amending sections 6833 and 6839 of this title, section 19 of Title 3, The President, sections 101, 5108, and 5312 to 5316 of Title 5, Government Organization and Employees, section 1701z8 of Title 12, Banks and Banking, and sections 766, 790a, 790d, and 2002 of Title 15, Commerce and Trade, repealing sections 2036 and 5818 of this title and sections 763, 768, and 786 of Title 15, enacting provisions set out as a note under section 2201 of this title, and repealing provisions set out as a note under section 761 of Title 15] may be cited as the Department of Energy Organization Act.” For short title of part E of title XXXI of div. C of Pub. L. 101510, which enacted subchapter XIII of this chapter, as the “Department of Energy Science Education Enhancement Act”, see section 3161 of Pub. L. 101510, set out as a note under section 7381 of this title. For short title of part A of title V of Pub. L. 103382, which enacted subchapter XIV of this chapter, as the “Albert Einstein Distinguished Educator Fellowship Act of 1994”, see section 511 of Pub. L. 103382, set out as a note under section 7382 of this title. For short title of subtitle D of title XXXI of div. C of Pub. L. 10665, which enacted subchapter XV of this chapter, as the “Department of Energy Facilities Safeguards, Security, and Counterintelligence Enhancement Act of 1999”, see section 3141 of Pub. L. 10665, set out as a note under section 7383 of this title. For short title of section 1 [div. C, title XXXVI] of Pub. L. 106398, which enacted subchapter XVI of this chapter, as the “Energy Employees Occupational Illness Compensation Program Act of 2000”, see section 1 [div. C, title XXXVI, § 3601] of Pub. L. 106398, set out as a note under section 7384 of this title.
Executive Documents
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, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 7111 - Congressional findings
## Text
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.
(Pub. L. 9591, title I, § 101, Aug. 4, 1977, 91 Stat. 567.)
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# 42 U.S.C. § 7112 - Congressional declaration of purpose
## Text
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 Nations 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 Departments 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).
(Pub. L. 9591, title I, § 102, Aug. 4, 1977, 91 Stat. 567; Pub. L. 101510, div. C, title XXXI, § 3163, Nov. 5, 1990, 104 Stat. 1841.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in introductory provisions and pars. (14) and (18), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments1990—Pub. L. 101510 substituted “chapter:” for “chapter—” in introductory provisions, capitalized the first letter of the first word in each of pars. (1) to (18), substituted a period for last semicolon in each of pars. (1) to (17), struck out “and” at end of par. (17), and added par. (19).
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# 42 U.S.C. § 7113 - Relationship with States
## Text
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.
(Pub. L. 9591, title I, § 103, Aug. 4, 1977, 91 Stat. 569.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7131 - Establishment
## Text
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.
(Pub. L. 9591, title II, § 201, Aug. 4, 1977, 91 Stat. 569.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Department of Energy, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(4), 183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Emergency Preparedness for Energy Supply DisruptionsPub. L. 11494, div. F, § 61001, Dec. 4, 2015, 129 Stat. 1771, provided that: “(a) Finding.—Congress finds that recent natural disasters have underscored the importance of having resilient oil and natural gas infrastructure and effective ways for industry and government to communicate to address energy supply disruptions. “(b) Authorization for Activities to Enhance Emergency Preparedness for Natural Disasters.—The Secretary of Energy shall develop and adopt procedures to—“(1) improve communication and coordination between the Department of Energys energy response team, Federal partners, and industry; “(2) leverage the Energy Information Administrations subject matter expertise within the Departments energy response team to improve supply chain situation assessments; “(3) establish company liaisons and direct communication with the Departments 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) Cooperation.—The activities carried out under subsection (b) shall include collaborative efforts with State and local government officials and the private sector. “(d) Report.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Energy shall submit to Congress a report describing the effectiveness of the activities authorized under this section.”
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# 42 U.S.C. § 7132 - Principal officers
## Text
(a) Deputy Secretary There shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5. The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices.
(b) Under Secretary 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 section 5314 of title 5.
(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 section 7133 of this title, as the Secretary considers advantageous.
(c) Under Secretary for Nuclear Security (1) There shall be in the Department an Under Secretary for Nuclear Security, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5.
(2) The Under Secretary for Nuclear Security shall be appointed from among persons who—
(A) have extensive background in national security, organizational management, and appropriate technical fields; and
(B) are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the National Nuclear Security Administration in a manner that advances and protects the national security of the United States.
(3) The Under Secretary for Nuclear Security shall serve as the Administrator for Nuclear Security under section 2402 of title 50. In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority, direction, and control of the Secretary. Such authority, direction, and control may be delegated only to the Deputy Secretary of Energy, without redelegation.
(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 section 5314 of title 5.
(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 section 5315 of title 5.
(Pub. L. 9591, title II, § 202, Aug. 4, 1977, 91 Stat. 569; Pub. L. 10665, div. C, title XXXII, § 3202, Oct. 5, 1999, 113 Stat. 954; Pub. L. 10958, title X, § 1006(a), (c)(1), Aug. 8, 2005, 119 Stat. 930, 931.)
## Notes
Editorial Notes
Amendments2005—Subsec. (b). Pub. L. 10958, § 1006(a), added subsec. (b) and struck out former subsec. (b) which read as follows: “There shall be in the Department an Under Secretary and a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. The Under Secretary shall bear primary responsibility for energy conservation. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, and the General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.” Subsecs. (d), (e). Pub. L. 10958, § 1006(c)(1), added subsecs. (d) and (e). 1999—Subsec. (c). Pub. L. 10665 added subsec. (c).
Statutory Notes and Related Subsidiaries
Term of Office of Person First Appointed as Under Secretary for Nuclear Security of the Department of EnergyPub. L. 106398, § 1 [div. C, title XXXI, § 3151], Oct. 30, 2000, 114 Stat. 1654, 1654A464, provided that: “(a) Length of Term.—The term of office as Under Secretary for Nuclear Security of the Department of Energy of the person first appointed to that position shall be three years. “(b) Exclusive Reasons for Removal.—The exclusive reasons for removal from office as Under Secretary for Nuclear Security of the person described in subsection (a) shall be inefficiency, neglect of duty, or malfeasance in office. “(c) Position Described.—The position of Under Secretary for Nuclear Security of the Department of Energy referred to in this section is the position established by subsection (c) of section 202 of the Department of Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of the National Nuclear Security Administration Act (title XXXII of Public Law 10665; 113 Stat. 954).” Substantially identical provisions were contained in Pub. L. 106377, § 1(a)(2) [title III, § 313], Oct. 27, 2000, 114 Stat. 1441, 1441A81.
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# 42 U.S.C. § 7133 - Assistant Secretaries; appointment and confirmation; identification of responsibilities
## Text
(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 section 5315 of title 5; and who shall perform, in accordance with applicable law, such of the functions transferred or delegated to, or vested in, the Secretary as he shall prescribe in accordance with the provisions of this chapter. The functions which the Secretary shall assign to the Assistant Secretaries include, but are not limited to, the following:
(1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal lands.
(2) Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of—
(A) solar energy resources;
(B) geothermal energy resources;
(C) recycling energy resources;
(D) the fuel cycle for fossil energy resources; and
(E) the fuel cycle for nuclear energy resources.
(3) Environmental responsibilities and functions, including advising the Secretary with respect to the conformance of the Departments activities to environmental protection laws and principles, and conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs.
(4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in section 7112 of this title.
(5) Repealed. Pub. L. 10665, div. C, title XXXII, § 3294(b), Oct. 5, 1999, 113 Stat. 970.
(6) Intergovernmental policies and relations, including responsibilities for assuring that national energy policies are reflective of and responsible to the needs of State and local governments, and for assuring that other components of the Department coordinate their activities with State and local governments, where appropriate, and develop intergovernmental communications with State and local governments.
(7) Competition and consumer affairs, including responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the energy policymaking processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs.
(8) Nuclear waste management responsibilities, including—
(A) the establishment of control over existing Government facilities for the treatment and storage of nuclear wastes, including all containers, casks, buildings, vehicles, equipment, and all other materials associated with such facilities;
(B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commercial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or effect title to such waste;
(C) the establishment of temporary and permanent facilities for storage, management, and ultimate disposal of nuclear wastes;
(D) the establishment of facilities for the treatment of nuclear wastes;
(E) the establishment of programs for the treatment, management, storage, and disposal of nuclear wastes;
(F) the establishment of fees or user charges for nuclear waste treatment or storage facilities, including fees to be charged Government agencies; and
(G) the promulgation of such rules and regulations to implement the authority described in this paragraph,
except that nothing in this section shall be construed as granting to the Department regulatory functions presently within the Nu­clear Regulatory Commission, or any additional functions than those already conferred by law.
(9) Energy conservation functions, including the development of comprehensive energy conservation strategies for the Nation, the planning and implementation of major research and demonstration programs for the development of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conservation programs, and the dissemination to the public of all available information on energy conservation programs and measures.
(10) Power marketing functions, including responsibility for marketing and transmission of Federal power.
(11) Public and congressional relations functions, including responsibilities for providing a continuing liaison between the Department and the Congress and the Department and the public.
(b) At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the function or functions described in subsection (a) (or any portion thereof) for which such individual will be responsible.
(Pub. L. 9591, title II, § 203, Aug. 4, 1977, 91 Stat. 570; Pub. L. 10665, div. C, title XXXII, § 3294(a)(2), (b), Oct. 5, 1999, 113 Stat. 970; Pub. L. 10958, title X, § 1006(b)(1), Aug. 8, 2005, 119 Stat. 931; Pub. L. 11111, title XIII, § 13004(a), Mar. 30, 2009, 123 Stat. 1449.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments2009—Subsec. (a). Pub. L. 11111 substituted “8 Assistant Secretaries” for “7 Assistant Secretaries” in introductory provisions. 2005—Subsec. (a). Pub. L. 10958 substituted “7” for “six” in introductory provisions. 1999—Subsec. (a). Pub. L. 10665, § 3294(a)(2), substituted “six” for “eight” in introductory provisions. Subsec. (a)(5). Pub. L. 10665, § 3294(b), struck out par. (5) which read as follows: “National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national security functions involving nuclear weapons research and development.”
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentAmendment by Pub. L. 10665 effective Mar. 1, 2000, see section 3299 of Pub. L. 10665, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
Federal Power Marketing Administration Employment LevelsPub. L. 101514, title V, § 510, Nov. 5, 1990, 104 Stat. 2098, provided that no funds appropriated or made available were to be used by the executive branch to change employment levels determined by Administrators of the Federal Power Marketing Administrations to be necessary to carry out their responsibilities under this chapter and related laws, or to change employment levels of other Department of Energy programs to compensate for employment levels of the Federal Power Marketing Administrations, prior to repeal by Pub. L. 10446, title V, § 501, Nov. 13, 1995, 109 Stat. 419.
Marketing and Exchange of Surplus Electricity From Navajo Generating StationPub. L. 98381, title I, § 107, Aug. 17, 1984, 98 Stat. 1339, provided that: “(a) Subject to the provisions of any existing layoff contracts, electrical capacity and energy associated with the United States interest in the Navajo generating station which is in excess of the pumping requirements of the Central Arizona project and any such needs for desalting and protective pumping facilities as may be required under section 101(b)(2)(B) of the Colorado River Basin Salinity Control Act of 1974, as amended [43 U.S.C. 1571(b)(2)(B)] (hereinafter in this Act referred to as Navajo surplus) shall be marketed and exchanged by the Secretary of Energy pursuant to this section. “(b) Navajo surplus shall be marketed by the Secretary of Energy pursuant to the plan adopted under subsection (c) of this section, directly to, with or through the Arizona Power Authority and/or other entities having the status of preference entities under the reclamation law in accordance with the preference provisions of section 9(c) of the Reclamation Project Act of 1939 [43 U.S.C. 485h(c)] and as provided in part IV, section A of the Criteria. “(c) In the marketing and exchanging of Navajo surplus, the Secretary of the Interior shall adopt the plan deemed most acceptable, after consultation with the Secretary of Energy, the Governor of Arizona, and the Central Arizona Water Conservation District (or its successor in interest to the repayment obligation for the Central Arizona project), for the purposes of optimizing the availability of Navajo surplus and providing financial assistance in the timely construction and repayment of construction costs of authorized features of the Central Arizona project. The Secretary of the Interior, in concert with the Secretary of Energy, in accordance with section 14 of the Reclamation Project Act of 1939 [43 U.S.C. 389], shall grant electrical power and energy exchange rights with Arizona entities as necessary to implement the adopted plan: Provided, however, That if exchange rights with Arizona entities are not required to implement the adopted plan, exchange rights may be offered to other entities. “(d) For the purposes provided in subsection (c) of this section, the Secretary of Energy, or the marketing entity or entities under the adopted plan, are authorized to establish and collect or cause to be established and collected, rate components, in addition to those currently authorized, and to deposit the revenues received in the Lower Colorado River Basin Development Fund to be available for such purposes and if required under the adopted plan, to credit, utilize, pay over directly or assign revenues from such additional rate components to make repayment and establish reserves for repayment of funds, including interest incurred, to entities which have advanced funds for the purposes of subsection (c) of this section: Provided, however, That rates shall not exceed levels that allow for an appropriate saving for the contractor. “(e) To the extent that this section may be in conflict with any other provision of law relating to the marketing and exchange of Navajo surplus, or to the disposition of any revenues therefrom, this section shall control.”
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# 42 U.S.C. § 7134 - Federal Energy Regulatory Commission; compensation of Chairman and members
## Text
There shall be within the Department, a Federal Energy Regulatory Commission established by subchapter IV of this chapter (hereinafter referred to in this chapter as the “Commission”). The Chairman shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. The Chairman and members of the Commission shall be individuals who, by demonstrated ability, background, training, or experience, are specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy.
(Pub. L. 9591, title II, § 204, Aug. 4, 1977, 91 Stat. 571.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7135 - Energy Information Administration
## Text
(a) Establishment; appointment of Administrator; compensation; qualifications; duties (1) There shall be within the Department an Energy Information Administration to be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for in level IV of the Executive Schedule under section 5315 of title 5. The Administrator shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system.
(2) The Administrator shall be responsible for carrying out a central, comprehensive, and unified energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is relevant to energy resource reserves, energy production, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term future for the Nations economic and social needs.
(b) Delegation of functions The Secretary shall delegate to the Administrator (which delegation may be on a nonexclusive basis as the Secretary may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the functions vested in him by law relating to gathering, analysis, and dissemination of energy information (as defined in section 796 of title 15) and the Administrator may act in the name of the Secretary for the purpose of obtaining enforcement of such delegated functions.
(c) Functions of Director of Office of Energy Information and Analysis In addition to, and not in limitation of the functions delegated to the Administrator pursuant to other subsections of this section, there shall be vested in the Administrator, and he shall perform, the functions assigned to the Director of the Office of Energy Information and Analysis under part B of the Federal Energy Administration Act of 1974 [15 U.S.C. 790 et seq.], and the provisions of sections 53(d) and 59 thereof [15 U.S.C. 790b(d), 790h] shall be applicable to the Administrator in the performance of any function under this chapter.
(d) Collection or analysis of information and preparation of reports without approval The Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with the collection or analysis of any information; nor shall the Administrator be required, prior to publication, to obtain the approval of any other officer or employee of the United States with respect to the substance of any statistical or forecasting technical reports which he has prepared in accordance with law.
(e) Annual audit The Energy Information Administration shall be subject to an annual professional audit review of performance as described in section 55 11 See References in Text note below. of part B of the Federal Energy Administration Act of 1974.
(f) Furnishing information or analysis to any other administration, commission, or office within Department The Administrator shall, upon request, promptly provide any information or analysis in his possession pursuant to this section to any other administration, commission, or office within the Department which such administration, commission, or office determines relates to the functions of such administration, commission, or office.
(g) Availability of information to public Information collected by the Energy Information Administration shall be cataloged and, upon request, any such information shall be promptly made available to the public in a form and manner easily adaptable for public use, except that this subsection shall not require disclosure of matters exempted from mandatory disclosure by section 552(b) of title 5. The provisions of section 796(d) of title 15, and section 5916 of this title, shall continue to apply to any information obtained by the Administrator under such provisions.
(h) Identification and designation of “major energy producing companies”; format for financial report; accounting practices; filing of financial report; annual report of Department; definitions; confidentiality (1) (A) In addition to the acquisition, collection, analysis, and dissemination of energy information pursuant to this section, the Administrator shall identify and designate “major energy-producing companies” which alone or with their affiliates are involved in one or more lines of commerce in the energy industry so that the energy information collected from such major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States.
(B) In fulfilling the requirements of this subsection the Administrator shall—
(i) utilize, to the maximum extent practicable, consistent with the faithful execution of his responsibilities under this chapter, reliable statistical sampling techniques; and
(ii) otherwise give priority to the minimization of the reporting of energy information by small business.
(2) The Administrator shall develop and make effective for use during the second full calendar year following August 4, 1977, the format for an energy-producing company financial report. Such report shall be designed to allow comparison on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of such companies—
(A) an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which such company is engaged and for all significant energy-related functions within such company;
(B) an analysis of the competitive structure of sectors and functional groupings within the energy industry;
(C) the segregation of energy information, including financial information, describing company operations by energy source and geographic area;
(D) the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within such company; and
(E) such other analyses or evaluations as the Administrator finds is necessary to achieve the purposes of this chapter.
(3) The Administrator shall consult with the Chairman of the Securities and Exchange Commission with respect to the development of accounting practices required by the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.] to be followed by persons engaged in whole or in part in the production of crude oil and natural gas and shall endeavor to assure that the energy-producing company financial report described in paragraph (2) of this subsection, to the extent practicable and consistent with the purposes and provisions of this chapter, is consistent with such accounting practices where applicable.
(4) The Administrator shall require each major energy-producing company to file with the Administrator an energy-producing company financial report on at least an annual basis and may request energy information described in such report on a quarterly basis if he determines that such quarterly report of information will substantially assist in achieving the purposes of this chapter.
(5) A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator deems appropriate, shall be included in the annual report of the Department required by subsection (a) 22 So in original. Section 7267 of this title was enacted without a subsec. (a). of section 7267 of this title.
(6) As used in this subsection the term—
(A) “energy-producing company” means a person engaged in:
(i) ownership or control of mineral fuel resources or nonmineral energy resources;
(ii) exploration for, or development of, mineral fuel resources;
(iii) extraction of mineral fuel or nonmineral energy resources;
(iv) refining, milling, or otherwise processing mineral fuels or nonmineral energy resources;
(v) storage of mineral fuels or nonmineral energy resources;
(vi) the generation, transmission, or storage of electrical energy;
(vii) transportation of mineral fuels or nonmineral energy resources by any means whatever; or
(viii) wholesale or retail distribution of mineral fuels, nonmineral energy resources or electrical energy;
(B) “energy industry” means all energy-producing companies; and
(C) “person” has the meaning as set forth in section 796 of title 15.
(7) The provisions of section 1905 of title 18 shall apply in accordance with its terms to any information obtained by the Administration pursuant to this subsection.
(i) Manufacturers energy consumption survey (1) The Administrator shall conduct and publish the results of a survey of energy consumption in the manufacturing industries in the United States at least once every 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 (15 U.S.C. 790a).
(j) Collection and publication of survey results (1) The Administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy resources, including production in kilowatt hours, total installed capacity, capacity factor, and any other measure of production efficiency. Such results shall distinguish between various renewable energy resources.
(2) In carrying out this subsection, the Administrator shall—
(A) utilize, to the maximum extent practicable and consistent with the faithful execution of his responsibilities under this chapter, reliable statistical sampling techniques; and
(B) otherwise take into account the reporting burdens of energy information by small businesses.
(3) As used in this subsection, the term “renewable energy resources” includes energy derived from solar thermal, geothermal, biomass, wind, and photovoltaic resources.
(k) Survey procedure Pursuant to section 52(a) of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a(a)), the Administrator shall—
(1) conduct surveys of residential and commercial energy use at least once every 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 Nations 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 Nations 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 (15 U.S.C. 790a).
(Pub. L. 9591, title II, § 205, Aug. 4, 1977, 91 Stat. 572; Pub. L. 99509, title III, § 3101(a), Oct. 21, 1986, 100 Stat. 1888; Pub. L. 102486, title I, § 171, Oct. 24, 1992, 106 Stat. 2864; Pub. L. 10958, title XV, § 1508, Aug. 8, 2005, 119 Stat. 1083; Pub. L. 11376, div. D, title III, § 315, Jan. 17, 2014, 128 Stat. 177.)
## Notes
Editorial Notes
References in TextThe Federal Energy Administration Act of 1974, referred to in subsec. (c), is Pub. L. 93275, May 7, 1974, 88 Stat. 96. Part B of the Federal Energy Administration Act of 1974 is classified generally to subchapter II (§ 790 et seq.) of chapter 16B of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Tables. 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 Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. Section 55 of part B of the Federal Energy Administration Act of 1974, referred to in subsec. (e), was classified to section 790d of Title 15, Commerce and Trade, and was repealed by Pub. L. 10466, title I, § 1051(k), Dec. 21, 1995, 109 Stat. 717. The Energy Policy and Conservation Act, referred to in subsec. (h)(3), is Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
Amendments2014—Subsec. (i)(1). Pub. L. 11376, § 315(1), substituted “once every four years” for “once every two years” in introductory provisions. Subsec. (k)(1). Pub. L. 11376, § 315(2), which directed amendment of par. (1) by substituting “once every four years” for “once every three years” was executed by making the substitution for “once every 3 years” to reflect the probable intent of Congress. 2005—Subsec. (m). Pub. L. 10958 added subsec. (m). 1992—Subsec. (i)(1). Pub. L. 102486, § 171(a)(1), in introductory provisions, substituted “at least once every two years” for “on at least a triennial basis”. Subsec. (i)(1)(D). Pub. L. 102486, § 171(a)(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “use of nonpurchased sources of energy, such as cogeneration and waste by-products.” Subsecs. (j) to (l). Pub. L. 102486, § 171(b), added subsecs. (j) to (l). 1986—Subsec. (i). Pub. L. 99509 added subsec. (i).
Statutory Notes and Related Subsidiaries
End Use Consumption Surveys; Manufacturing Energy Consumption SurveyPub. L. 104134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321156, 1321188; renumbered title I, Pub. L. 104140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: “That notwithstanding section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)) [now 41 U.S.C. 6707(d)] or any other provision of law, funds appropriated under this heading [DEPARTMENT OF ENERGY, energy information administration] hereafter may be used to enter into a contract for end use consumption surveys for a term not to exceed eight years: Provided further, That notwithstanding any other provision of law, hereafter the Manufacturing Energy Consumption Survey shall be conducted on a triennial basis.”
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# 42 U.S.C. § 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
## Text
Notwithstanding any other provision of law, the Secretary of Energy shall not be required to delegate to the Administrator of the Energy Information Administration any energy research, development, and demonstration function vested in the Secretary, pursuant to the Atomic Energy Act [42 U.S.C. 2011 et seq.], the Federal Nonnuclear Energy Research and Development Act [42 U.S.C. 5901 et seq.], the Geothermal Research, Development and Demonstration Act,11 See References in Text note below. the Electric and Hybrid Vehicle Research, Development and Demonstration Act [15 U.S.C. 2501 et seq.], the Solar Heating and Cooling Demonstration Act [42 U.S.C. 5501 et seq.], the Solar Energy Research, Development and Demonstration Act,1 and the Energy Reorganization Act [42 U.S.C. 5801 et seq.]. Additionally, the Secretary may utilize the capabilities of the Energy Information Administration as he deems appropriate for the conduct of such programs.
(Pub. L. 95238, title I, § 104(b), Feb. 25, 1978, 92 Stat. 53.)
## Notes
Editorial Notes
References in TextThe 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, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Federal Nonnuclear Energy Research and Development Act, referred to in text, probably means the Federal Nonnuclear Energy Research and Development Act of 1974, Pub. L. 93577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables. The Geothermal Research, Development, and Demonstration Act, referred to in text, probably means the Geothermal Energy, Research, Development, and Demonstration Act of 1974, Pub. L. 93410, Sept. 3, 1974, 88 Stat. 1079, which was classified generally to chapter 24 (§ 1101 et seq.) of Title 30, Mineral Lands and Mining, prior to repeal by Pub. L. 116260, div. Z, title III, § 3002(i)(3), Dec. 27, 2020, 134 Stat. 2495. The Electric and Hybrid Vehicle Research, Development and Demonstration Act, referred to in text, probably means the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976, Pub. L. 94413, Sept. 17, 1976, 90 Stat. 1260, which is classified principally to chapter 52 (§ 2501 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2501 of Title 15 and Tables. The Solar Heating and Cooling Demonstration Act, referred to in text, probably means the Solar Heating and Cooling Demonstration Act of 1974, Pub. L. 93409, Sept. 3, 1974, 88 Stat. 1069, which is classified generally to subchapter I (§ 5501 et seq.) of chapter 71 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5501 of this title and Tables. The Solar Energy Research, Development, and Demonstration Act, referred to in text, probably means the Solar Energy Research, Development, and Demonstration Act of 1974, Pub. L. 93473, Oct. 26, 1974, 88 Stat. 1431, which was classified generally to subchapter II (§ 5551 et seq.) of chapter 71 of this title, prior to repeal by Pub. L. 116260, div. Z, title III, § 3006(e)(1), Dec. 27, 2020, 134 Stat. 2513. The Energy Reorganization Act, referred to in text, probably means the Energy Reorganization Act of 1974, Pub. L. 93438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables.
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.
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# 42 U.S.C. § 7136 - Economic Regulatory Administration; appointment of Administrator; compensation; qualifications; functions
## Text
(a) There shall be within the Department an Economic Regulatory Administration to be headed by an Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at a rate provided for level IV of the Executive Schedule under section 5315 of title 5. Such Administrator shall be, by demonstrated ability, background, training, or experience, an individual who is specially qualified to assess fairly the needs and concerns of all interests affected by Federal energy policy. The Secretary shall by rule provide for a separation of regulatory and enforcement functions assigned to, or vested in, the Administration.
(b) Consistent with the provisions of subchapter IV, the Secretary shall utilize the Economic Regulatory Administration to administer such functions as he may consider appropriate.
(Pub. L. 9591, title II, § 206, Aug. 4, 1977, 91 Stat. 574.)
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# 42 U.S.C. § 7137 - Functions of Comptroller General
## Text
The functions of the Comptroller General of the United States under section 771 of title 15 shall apply with respect to the monitoring and evaluation of all functions and activities of the Department under this chapter or any other Act administered by the Department.
(Pub. L. 9591, title II, § 207, Aug. 4, 1977, 91 Stat. 574.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7138 - Repealed. Pub. L. 100504, title I, § 102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517
## Notes
Section, Pub. L. 9591, title II, § 208, Aug. 4, 1977, 91 Stat. 575; Pub. L. 96226, title II, § 202, Apr. 3, 1980, 94 Stat. 315; Pub. L. 97375, title II, § 205, Dec. 21, 1982, 96 Stat. 1823, related to the Office of Inspector General in the Department of Energy, providing for (a) appointment and confirmation of Inspector General and Deputy Inspector General, removal, assistants, and compensation; (b) duties and responsibilities of Inspector General; (c) semiannual reports to Secretary and Congress; (d) report on problems, abuses, or deficiencies relating to administration of Department programs and operations; (e) additional investigations and reports; (f) transmittal of reports, information, or documents without clearance or approval; (g) additional authority of Inspector General; (h) auditing requirements; (i) avoidance of duplication and coordination and cooperation with activities of Comptroller General; and (j) report of violations of Federal criminal law to Attorney General. See section 9 of Pub. L. 95452, Inspector General Act of 1978, as amended, formerly set out in the Appendix to Title 5, Government Organization and Employees, as restated in 5 U.S.C. 422.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective 180 days after Oct. 18, 1988, see section 113 of Pub. L. 100504, set out as an Effective and Termination Dates of 1988 Amendments note under section 5315 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 7139 - Office of Science; establishment; appointment of Director; compensation; duties
## Text
(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 section 5315 of title 5.
(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 Departments 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.
(d) User facilities The Director shall carry out the construction, operation, and maintenance of user facilities to support the mission described in subsection (c). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department, improving the competitiveness of the United States, protecting public health and safety, and addressing other national priorities including emergencies.
(e) Coordination (1) In general The Secretary—
(A) shall ensure the coordination of the Office of Science with the other activities of the Department, including the transfer of knowledge, capabilities, and relevant technologies from basic research programs of the Department to applied research and development programs of the Department for the purpose of enabling development of mission-relevant technologies;
(B) shall support joint activities among the programs of the Department;
(C) shall coordinate with other relevant Federal agencies operating under existing authorizations relating to subjects relating to the mission described in subsection (c) in supporting advancements in related research areas as appropriate; and
(D) may form partnerships to enhance the utilization of and ensure access to user facilities by other Federal agencies.
(2) Office of Science The Director—
(A) shall ensure the coordination of programs and activities carried out by the Office of Science; and
(B) shall direct all programs which have not recently completed a future planning roadmap consistent with the funding of such programs authorized under the Research and Development, Competition, and Innovation Act to complete such a roadmap.
(Pub. L. 9591, title II, § 209, Aug. 4, 1977, 91 Stat. 577; Pub. L. 105245, title III, § 309(a), Oct. 7, 1998, 112 Stat. 1853; Pub. L. 10958, title X, § 1006(c)(4), Aug. 8, 2005, 119 Stat. 932; Pub. L. 115246, title III, § 302, Sept. 28, 2018, 132 Stat. 3140; Pub. L. 117167, div. B, title I, § 10101, Aug. 9, 2022, 136 Stat. 1408.)
## Notes
Editorial Notes
References in TextThe Research and Development, Competition, and Innovation Act, referred to in subsec. (e)(2)(B), is div. B of Pub. L. 117167, Aug. 9, 2022, 136 Stat. 1399, which enacted chapter 163 (§ 18901 et seq.) of this title and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 18901 of this title and Tables.
Amendments2022—Subsecs. (d), (e). Pub. L. 117167 added subsecs. (d) and (e). 2018—Subsec. (c). Pub. L. 115246 added subsec. (c). 2005—Subsec. (b)(6). Pub. L. 10958 added par. (6) and struck out former par. (6) which read as follows: “to carry out such additional duties assigned to the Office by the Secretary relating to basic and applied research, including but not limited to supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 7133 of this title, as the Secretary considers advantageous.” 1998—Pub. L. 105245 substituted “Office of Science” for “Office of Energy Research” in section catchline and in subsec. (a).
Statutory Notes and Related Subsidiaries
Advisory Committees to the Office of SciencePub. L. 117167, div. B, title I, § 10113(f), Aug. 9, 2022, 136 Stat. 1468, provided that: “In order to improve the advice and guidance provided to the Office of Science, the Undersecretary for Science shall seek to ensure, to the maximum extent practicable, the robust participation of institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) located in eligible jurisdictions (as defined in section 2203(b)(3)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)(3)(A))) on the Office of Science Federal Advisory Committee.”
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# 42 U.S.C. § 7140 - Leasing Liaison Committee; establishment; composition
## Text
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.
(Pub. L. 9591, title II, § 210, Aug. 4, 1977, 91 Stat. 577.)
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# 42 U.S.C. § 7141 - Office of Minority Economic Impact
## Text
(a) Establishment; appointment of Director; compensation There shall be established within the Department an Office of Minority Economic Impact. The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.
(b) Advice to Secretary on effect of energy policies, regulations, and other actions of Department respecting minority participation in energy programs The Director shall have the duty and responsibility to advise the Secretary on the effect of energy policies, regulations, and other actions of the Department and its components on minorities and minority business enterprises and on ways to insure that minorities are afforded an opportunity to participate fully in the energy programs of the Department.
(c) Research programs respecting effects of national energy programs, policies, and regulations of Department on minorities The Director shall conduct an ongoing research program, with the assistance of the Administrator of the Energy Information Administration, and such other Federal agencies as the Director determines appropriate, to determine the effects (including the socio-economic and environmental effects) of national energy programs, policies, and regulations of the Department on minorities. In conducting such program, the Director shall, from time to time, develop and recommend to the Secretary policies to assist, where appropriate, such minorities and minority business enterprises concerning such effects. In addition, the Director shall, to the greatest extent practicable—
(1) determine the average energy consumption and use patterns of minorities relative to other population categories;
(2) evaluate the percentage of disposable income spent on energy by minorities relative to other population categories; and
(3) determines 11 So in original. Probably should be “determine”. 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 22 So in original. Probably should be “and”. technical assistance he considers appropriate to minority educational institutions and minority business enterprises to enable these enterprises and institutions to participate in the research, development, demonstration, and contract activities of the Department. In carrying out his functions under this section, the Director may enter into contracts, in accordance with section 7256 of this title and other applicable provisions of law, with any person, including minority educational institutions, minority business enterprises, and organizations the primary purpose of which is to assist the development of minority communities. The management and technical assistance may include—
(1) a national information clearinghouse which will develop and disseminate information on the aspects of energy programs to minority business enterprises, minority educational institutions and other appropriate minority organizations;
(2) market research, planning economic and business analysis, and feasibility studies to identify and define economic opportunities for minorities in energy research, production, conservation, and development;
(3) technical assistance programs to encourage, promote, and assist minority business enterprises in establishing and expanding energy-related business opportunities which are located in minority communities and that can provide jobs to workers in such communities; and
(4) programs to assist minority business enterprises in the commercial application of energy-related technologies.
(e) Loans to minority business enterprises; restriction on use of funds; interest; deposits into Treasury (1) The Secretary, acting through the Office, may provide financial assistance in the form of loans to any minority business enterprise under such rules as he shall prescribe to assist such enterprises in participating fully in research, development, demonstration, and contract activities of the Department to the extent he considers appropriate. He shall limit the use of financial assistance to providing funds necessary for such enterprises to bid for and obtain contracts or other agreements, and shall limit the amount of the financial assistance to any recipient to not more than 75 percent of such costs.
(2) The Secretary shall determine the rate of interest on loans under this section in consultation with the Secretary of the Treasury.
(3) The Secretary shall deposit into the Treasury as miscellaneous receipts amounts received in connection with the repayment and satisfaction of such loans.
(f) Definitions As used in this section, the term—
(1) “minority” means any individual who is a citizen of the United States and who is 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).
(Pub. L. 9591, title II, § 211, as added Pub. L. 95619, title VI, § 641, Nov. 9, 1978, 92 Stat. 3284; amended Pub. L. 114157, § 1(a), May 20, 2016, 130 Stat. 393.)
## Notes
Editorial Notes
Amendments2016—Subsec. (f)(1). Pub. L. 114157 substituted “Asian American, Native Hawaiian, a Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or an Alaska Native” for “a Negro, Puerto Rican, American Indian, Eskimo, Oriental, or Aleut or is a Spanish speaking individual of Spanish descent”.
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# 42 U.S.C. § 7142 - National Atomic Museum and National Atomic Testing Museum
## Text
(a) Recognition and status The museum operated by the Department of Energy and currently located at Building 20358 on Wyoming Avenue South near the corner of M street within the confines of the Kirtland Air Force Base (East), Albuquerque, New Mexico—
(1) is recognized as the official atomic museum of the United States;
(2) shall be known as the “National Atomic Museum”; and
(3) shall have the sole right throughout the United States and its possessions to have and use the name “National Atomic Museum”.
(b) Volunteers (1) In operating the National Atomic Museum, the Secretary of Energy may—
(A) recruit, train, and accept the services of individuals without compensation as volunteers for, or in aid of, interpretive functions or other services or activities of and related to the museum; and
(B) provide to volunteers incidental expenses, such as nominal awards, uniforms, and transportation.
(2) Except as provided in paragraphs (3) and (4), a volunteer who is not otherwise employed by the Federal Government is not subject to laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, because of service as a volunteer under this subsection.
(3) For purposes of chapter 171 of title 28 (relating to tort claims), a volunteer under this subsection is considered a Federal employee.
(4) For the purposes of subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries), a volunteer under this subsection is considered an employee of the United States.
(c) Authority (1) In operating the National Atomic Museum, the Secretary of Energy may—
(A) accept and use donations of money or gifts pursuant to section 7262 11 See References in Text note below. 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”.
(Pub. L. 102190, div. C, title XXXI, § 3137, Dec. 5, 1991, 105 Stat. 1578; Pub. L. 10335, title II, § 203(b)(4), May 31, 1993, 107 Stat. 102; Pub. L. 11281, div. C, title XXXI, § 3114, Dec. 31, 2011, 125 Stat. 1709.)
## Notes
Editorial Notes
References in TextSection 7262 of this title, referred to in subsec. (c)(1)(A), was repealed by Pub. L. 104206, title V, § 502, Sept. 30, 1996, 110 Stat. 3002.
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.
Amendments2011—Pub. L. 11281, § 3114(1), inserted “and National Atomic Testing Museum” after “Atomic Museum” in section catchline. Subsec. (d). Pub. L. 11281, § 3114(2), added subsec. (d). 1993—Subsec. (c)(1). Pub. L. 10335 struck out comma after “Secretary of Energy” in introductory provisions.
@@ -0,0 +1,53 @@
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# 42 U.S.C. § 7142a - Designation of American Museum of Science and Energy
## Text
(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.
(Pub. L. 106554, § 1(a)(4) [div. B, title IV, § 401], Dec. 21, 2000, 114 Stat. 2763, 2763A266.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7142b - Authority
## Text
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.
(Pub. L. 106554, § 1(a)(4) [div. B, title IV, § 402], Dec. 21, 2000, 114 Stat. 2763, 2763A267.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7142c - Museum volunteers
## Text
(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 chapter 171 of title 28, a volunteer under subsection (a) shall be treated as an employee of the Government (as defined in section 2671 of that title).
(B) Compensation for work injuries For purposes of subchapter I of chapter 81 of title 5, a volunteer described in subsection (a) shall be treated as an employee (as defined in section 8101 of title 5).
(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.
(Pub. L. 106554, § 1(a)(4) [div. B, title IV, § 403], Dec. 21, 2000, 114 Stat. 2763, 2763A267.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7142d - Definitions
## Text
For purposes of sections 7142a to 7142d of this title:
(1) Museum The term “Museum” means the museum operated by the Secretary of Energy and located at 300 South Tulane Avenue in Oak Ridge, Tennessee.
(2) Secretary The term “Secretary” means the Secretary of Energy or a designated representative of the Secretary.
(Pub. L. 106554, § 1(a)(4) [div. B, title IV, § 404], Dec. 21, 2000, 114 Stat. 2763, 2763A268.)
## Notes
Editorial Notes
References in TextSections 7142a to 7142d of this title, referred to in text, was in the original “this Act”, and was translated as reading “this title”, meaning § 1(a)(4) [div. B, title IV] of Pub. L. 106554, which enacted sections 7142a to 7142d of this title, to reflect the probable intent of Congress.
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.
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# 42 U.S.C. § 7143 - Repealed. Pub. L. 10665, div. C, title XXXII, § 3294(d)(1), Oct. 5, 1999, 113 Stat. 970
## Notes
Section, Pub. L. 9591, title II, § 212, as added Pub. L. 103337, div. C, title XXXI, § 3158(a), Oct. 5, 1994, 108 Stat. 3093, established the Office of Fissile Materials Disposition.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Mar. 1, 2000, see section 3299 of Pub. L. 10665, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
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# 42 U.S.C. § 7144 - Establishment of policy for National Nuclear Security Administration
## Text
(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 Secretarys responsibilities under this section.
(Pub. L. 9591, title II, § 213, as added Pub. L. 10665, div. C, title XXXII, § 3203(a), Oct. 5, 1999, 113 Stat. 954.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Mar. 1, 2000, see section 3299 of Pub. L. 10665, set out as a note under section 2401 of Title 50, War and National Defense.
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# 42 U.S.C. § 7144a - Establishment of security, counterintelligence, and intelligence policies
## Text
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.
(Pub. L. 9591, title II, § 214, as added Pub. L. 10665, div. C, title XXXII, § 3204(a), Oct. 5, 1999, 113 Stat. 955; amended Pub. L. 109364, div. C, title XXXI, § 3117(g), Oct. 17, 2006, 120 Stat. 2508; Pub. L. 11692, div. E, title LXIV, § 6422, Dec. 20, 2019, 133 Stat. 2200.)
## Notes
Editorial Notes
Amendments2019—Pub. L. 11692 struck out subsec. (a) designation and subsecs. (b) and (c), which, respectively, established the Intelligence Executive Committee and provided for budget justification materials. 2006—Pub. L. 109364 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 5, 1999, see section 3299 of Pub. L. 10665, set out as a note under section 2401 of Title 50, War and National Defense.
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# 42 U.S.C. § 7144c - Repealed. Pub. L. 11692, div. E, title LXIV, § 6421(b), Dec. 20, 2019, 133 Stat. 2199
## Notes
Section, Pub. L. 9591, title II, § 216, as added Pub. L. 10665, div. C, title XXXII, § 3204(a), Oct. 5, 1999, 113 Stat. 956; amended Pub. L. 109364, div. C, title XXXI, § 3117(f), Oct. 17, 2006, 120 Stat. 2508, established the Office of Intelligence.
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# 42 U.S.C. § 7144d - Office of Arctic Energy
## Text
(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).
(Pub. L. 106398, § 1 [div. C, title XXXI, § 3197], Oct. 30, 2000, 114 Stat. 1654, 1654A482.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7144e - Office of Indian Energy Policy and Programs
## Text
(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 section 5315 of title 5.
(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.
(Pub. L. 9591, title II, § 217, as added Pub. L. 10958, title V, § 502(a), Aug. 8, 2005, 119 Stat. 763.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7151a - Jurisdiction over matters transferred from Energy Research and Development Administration
## Text
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.
(Pub. L. 95238, title I, § 104(a), Feb. 25, 1978, 92 Stat. 53.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7153 - Administration of leasing transfers
## Text
(a) Authority retained by Secretary of the Interior The Secretary of the Interior shall retain any authorities not transferred under section 7152(b) 11 See References in Text note below. 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. 97100, 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 section 4332(2)(C) of this title for any action with respect to the Federal leases taken under the authority of this section, unless the action involves only matters within the exclusive authority of the Secretary.
(Pub. L. 9591, title III, § 303, Aug. 4, 1977, 91 Stat. 579; Pub. L. 97100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407.)
## Notes
Editorial Notes
References in TextSection 7152(b) of this title, referred to in subsecs. (a) and (b), was repealed by Pub. L. 97100, title II, § 201, Dec. 23, 1981, 95 Stat. 1407.
Amendments1981—Subsec. (c). Pub. L. 97100 struck out subsec. (c) which afforded the Secretary of Energy the opportunity to disapprove any terms and conditions on which the Secretary of the Interior proposed to issue a Federal lease.
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# 42 U.S.C. § 7154 - Transfers from Department of Housing and Urban Development
## Text
(a) There is transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 304 of the Energy Conservation Standards for New Buildings Act of 1976 [42 U.S.C. 6833], to develop and promulgate energy conservation standards for new buildings. The Secretary of Housing and Urban Development shall provide the Secretary with any necessary technical assistance in the development of such standards. All other responsibilities, pursuant to title III of the Energy Conservation and Production Act [42 U.S.C. 6831 et seq.], shall remain with the Secretary of Housing and Urban Development, except that the Secretary shall be kept fully and currently informed of the implementation of the promulgated standards.
(b) There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 1701z8 of title 12.
(Pub. L. 9591, title III, § 304, Aug. 4, 1977, 91 Stat. 580.)
## Notes
Editorial Notes
References in TextThe Energy Conservation and Production Act, referred to in subsec. (a), is Pub. L. 94385, Aug. 14, 1976, 90 Stat. 1125. Title III of the Energy Conservation and Production Act, known as the Energy Conservation Standards for New Buildings Act of 1976, is classified generally to subchapter II (§ 6831 et seq.) of chapter 81 of this title. For complete classification of the Energy Conservation and Production Act and the Energy Standards for New Buildings Act of 1976 to the Code, see Short Title note set out under section 6801 of this title and Tables.
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# 42 U.S.C. § 7155 - Repealed. Pub. L. 103272, § 7(b), July 5, 1994, 108 Stat. 1379
## Notes
Section, Pub. L. 9591, title III, § 306, Aug. 4, 1977, 91 Stat. 581, transferred to Secretary the functions set forth in Interstate Commerce Act and vested by law in Interstate Commerce Commission or Chairman and members thereof as related to transportation of oil by pipeline. See section 60501 of Title 49, Transportation.
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# 42 U.S.C. § 7156 - Transfers from Department of the Navy
## Text
There are transferred to and vested in the Secretary all functions vested by chapter 869 of title 10, in the Secretary of the Navy as they relate to the administration of and jurisdiction over—
(1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912;
(2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912;
(3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915;
(4) Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919;
(5) Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and
(6) Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924.
In the administration of any of the functions transferred to, and vested in, the Secretary by this section the Secretary shall take into consideration the requirements of national security.
(Pub. L. 9591, title III, § 307, Aug. 4, 1977, 91 Stat. 581; Pub. L. 115232, div. A, title VIII, § 809(n)(3)(A), Aug. 13, 2018, 132 Stat. 1844.)
## Notes
Editorial Notes
Amendments2018—Pub. L. 115232 substituted “chapter 869 of title 10” for “chapter 641 of title 10” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
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# 42 U.S.C. § 7156a - Repealed. Pub. L. 10585, div. C, title XXXIV, § 3403, Nov. 18, 1997, 111 Stat. 2059
## Notes
Section, Pub. L. 96137, § 2, Dec. 12, 1979, 93 Stat. 1061, related to assignment of naval officers to key management positions within Office of Naval Petroleum and Oil Shale Reserves in Department of Energy and to position of Director.
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# 42 U.S.C. § 7157 - Transfers from Department of Commerce
## Text
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.
(Pub. L. 9591, title III, § 308, Aug. 4, 1977, 91 Stat. 581.)
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# 42 U.S.C. § 7158 - Naval reactor and military application programs
## Text
The Division of Naval Reactors established pursuant to section 2035 of this title, and responsible for research, design, development, health, and safety matters pertaining to naval nuclear propulsion plants and assigned civilian power reactor programs is transferred to the Department under the Under Secretary for Nuclear Security, and such organizational unit shall be deemed to be an organizational unit established by this chapter.
(Pub. L. 9591, title III, § 309, Aug. 4, 1977, 91 Stat. 581; Pub. L. 10665, div. C, title XXXII, § 3294(c), Oct. 5, 1999, 113 Stat. 970.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments1999—Pub. L. 10665 struck out subsec. (a) designation before “The Division of Naval Reactors”, substituted “Under Secretary for Nuclear Security” for “Assistant Secretary to whom the Secretary has assigned the function listed in section 7133(a)(2)(E) of this title”, and struck out subsec. (b) which read as follows: “The Division of Military Application, established by section 2035 of this title, and the functions of the Energy Research and Development Administration with respect to the Military Liaison Committee, established by section 2037 of this title, are transferred to the Department under the Assistant Secretary to whom the Secretary has assigned those functions listed in section 7133(a)(5) of this title, and such organizational units shall be deemed to be organizational units established by this chapter.”
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentAmendment by Pub. L. 10665 effective Mar. 1, 2000, see section 3299 of Pub. L. 10665, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
Transfer of Functions Pub. L. 98525, title XVI, § 1634, Oct. 19, 1984, 98 Stat. 2649, which was formerly set out as a note under this section, was renumbered section 4101 of Pub. L. 107314 by Pub. L 108136, div. C, title XXXI, § 3141(d)(2), Nov. 24, 2003, 117 Stat. 1757, and classified to section 2511 of Title 50, War and National Defense, and was repealed and restated as section 6102 of Title 10, Armed Forces, by Pub. L. 11960, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1340, 1458.
Executive Documents
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 section 6102 of Title 10, Armed Forces, see sections 2406 and 2481 of Title 50, War and National Defense.
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# 42 U.S.C. § 7159 - Transfer to Department of Transportation
## Text
Notwithstanding section 7151(a) of this title, there are transferred to, and vested in, the Secretary of Transportation all of the functions vested in the Administrator of the Federal Energy Administration by section 6361(b)(1)(B) of this title.
(Pub. L. 9591, title III, § 310, Aug. 4, 1977, 91 Stat. 582.)
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# 42 U.S.C. § 7171 - Appointment and administration
## Text
(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 members term shall expire on June 30, 1994, and one such members 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 members term shall expire on June 30, 1996, and one such members 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 members term shall expire on June 30, 1998.
(c) Duties and responsibilities of Chairman The Chairman shall be responsible on behalf of the Commission for the executive and administrative operation of the Commission, including functions of the Commission with respect to (1) the appointment and employment of hearing examiners in accordance with the provisions of title 5, (2) the selection, appointment, and fixing of the compensation of such personnel as he deems necessary, including an executive director, (3) the supervision of personnel employed by or assigned to the Commission, except that each member of the Commission may select and supervise personnel for his personal staff, (4) the distribution of business among personnel and among administrative units of the Commission, and (5) the procurement of services of experts and consultants in accordance with section 3109 of title 5. The Secretary shall provide to the Commission such support and facilities as the Commission determines it needs to carry out its functions.
(d) Supervision and direction of members, employees, or other personnel of Commission In the performance of their functions, the members, employees, or other personnel of the Commission shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department.
(e) Designation of Acting Chairman; quorum; seal The Chairman of the Commission may designate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all sessions of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, including the Chairman, shall have one vote. Actions of the Commission shall be determined by a majority vote of the members present. The Commission shall have an official seal which shall be judicially noticed.
(f) Rules The Commission is authorized to establish such procedural and administrative rules as are necessary to the exercise of its functions. Until changed by the Commission, any procedural and administrative rules applicable to particular functions over which the Commission has jurisdiction shall continue in effect with respect to such particular functions.
(g) Powers of Commission In carrying out any of its functions, the Commission shall have the powers authorized by the law under which such function is exercised to hold hearings, sign and issue subpenas, administer oaths, examine witnesses, and receive evidence at any place in the United States it may designate. The Commission may, by one or more of its members or by such agents as it may designate, conduct any hearing or other inquiry necessary or appropriate to its functions, except that nothing in this subsection shall be deemed to supersede the provisions of section 556 of title 5 relating to hearing examiners.
(h) Principal office of Commission The principal office of the Commission shall be in or near the District of Columbia, where its general sessions shall be held, but the Commission may sit anywhere in the United States.
(i) Commission deemed agency; attorney for Commission For the purpose of section 552b of title 5, the Commission shall be deemed to be an agency. Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Commission may appear for, and represent the Commission in, any civil action brought in connection with any function carried out by the Commission pursuant to this chapter or as otherwise authorized by law.
(j) Annual authorization and appropriation request In each annual authorization and appropriation request under this chapter, the Secretary shall identify the portion thereof intended for the support of the Commission and include a statement by the Commission (1) showing the amount requested by the Commission in its budgetary presentation to the Secretary and the Office of Management and Budget and (2) an assessment of the budgetary needs of the Commission. Whenever the Commission submits to the Secretary, the President, or the Office of Management and Budget, any legislative recommendation or testimony, or comments on legislation, prepared for submission to Congress, the Commission shall concurrently transmit a copy thereof to the appropriate committees of Congress.
(k) Addressing insufficient compensation of employees and other personnel of the Commission (1) In general Notwithstanding any other provision of law, if the Chairman of the Commission publicly certifies that compensation for a category of employees or other personnel of the Commission is insufficient to retain or attract employees and other personnel to allow the Commission to carry out the functions of the Commission in a timely, efficient, and effective manner, the Chairman may fix the compensation for the category of employees or other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, or any other civil service law.
(2) Certification requirements A certification issued under paragraph (1) shall—
(A) apply with respect to a category of employees or other personnel responsible for conducting work of a scientific, technological, engineering, or mathematical nature;
(B) specify a maximum amount of reasonable compensation for the category of employees or other personnel;
(C) be valid for a 5-year period beginning on the date on which the certification is issued;
(D) be no broader than necessary to achieve the objective of retaining or attracting employees and other personnel to allow the Commission to carry out the functions of the Commission in a timely, efficient, and effective manner; and
(E) include an explanation for why the other approaches available to the Chairman for retaining and attracting employees and other personnel are inadequate.
(3) Renewal (A) In general Not later than 90 days before the date of expiration of a certification issued under paragraph (1), the Chairman shall determine whether the certification should be renewed for a subsequent 5-year period.
(B) Requirement If the Chairman determines that a certification should be renewed under subparagraph (A), the Chairman may renew the certification, subject to the certification requirements under paragraph (2) that were applicable to the initial certification.
(4) New hires (A) In general An employee or other personnel that is a member of a category of employees or other personnel that would have been covered by a certification issued under paragraph (1), but was hired during a period in which the certification has expired and has not been renewed under paragraph (3) shall not be eligible for compensation at the level that would have applied to the employee or other personnel if the certification had been in effect on the date on which the employee or other personnel was hired.
(B) Compensation of new hires on renewal On renewal of a certification under paragraph (3), the Chairman may fix the compensation of the employees or other personnel described in subparagraph (A) at the level established for the category of employees or other personnel in the certification.
(5) Retention of level of fixed compensation A category of employees or other personnel, the compensation of which was fixed by the Chairman in accordance with paragraph (1), may, at the discretion of the Chairman, have the level of fixed compensation for the category of employees or other personnel retained, regardless of whether a certification described under that paragraph is in effect with respect to the compensation of the category of employees or other personnel.
(6) Consultation required The Chairman shall consult with the Director of the Office of Personnel Management in implementing this subsection, including in the determination of the amount of compensation with respect to each category of employees or other personnel.
(7) Experts and consultants (A) In general Subject to subparagraph (B), the Chairman may—
(i) obtain the services of experts and consultants in accordance with section 3109 of title 5;
(ii) compensate those experts and consultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and
(iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and consultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for persons in Government service employed intermittently.
(B) Limitations The Chairman shall—
(i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and
(ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually.
(Pub. L. 9591, title IV, § 401, Aug. 4, 1977, 91 Stat. 582; Pub. L. 101271, § 2(a), (b), Apr. 11, 1990, 104 Stat. 135; Pub. L. 116260, div. Z, title XI, § 11004(a), Dec. 27, 2020, 134 Stat. 2612.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (i) and (j), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments2020—Subsec. (k). Pub. L. 116260 added subsec. (k). 1990—Subsec. (b). Pub. L. 101271 designated existing provisions as par. (1), substituted “5 years” for “four years”, struck out after third sentence “The terms of the members first taking office shall expire (as designated by the President at the time of appointment), two at the end of two years, two at the end of three years, and one at the end of four years.”, substituted “A Commissioner may continue to serve after the expiration of his term until his successor is appointed and has been confirmed and taken the oath of Office, except that such Commissioner shall not serve beyond the end of the session of the Congress in which such term expires.” for “A Commissioner may continue to serve after the expiration of his term until his successor has taken office, except that he may not so continue to serve for more than one year after the date on which his term would otherwise expire under this subsection.”, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116260, div. Z, title XI, § 11004(c), Dec. 27, 2020, 134 Stat. 2614, provided that: “The amendment made by subsection (a) [amending this section] shall apply beginning on the date that is 30 days after the date of enactment of this Act [Dec. 27, 2020].”
Effective Date of 1990 AmendmentPub. L. 101271, § 2(c), Apr. 11, 1990, 104 Stat. 136, provided that: “The amendments made by this section [amending this section] apply only to persons appointed or reappointed as members of the Federal Energy Regulatory Commission after the date of enactment of this Act [Apr. 11, 1990].”
ReportsPub. L. 116260, div. Z, title XI, § 11004(b), Dec. 27, 2020, 134 Stat. 2614, provided that: “(1) In general.—Not later than 1 year after the date of enactment of this Act [Dec. 27, 2020], and every 2 years thereafter for 10 years, the Chairman of the Federal Energy Regulatory Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on information relating to hiring, vacancies, and compensation at the Federal Energy Regulatory Commission. “(2) Inclusions.—Each report under paragraph (1) shall include—“(A) an analysis of any trends with respect to hiring, vacancies, and compensation at the Federal Energy Regulatory Commission; and “(B) a description of the efforts to retain and attract employees or other personnel responsible for conducting work of a scientific, technological, engineering, or mathematical nature at the Federal Energy Regulatory Commission.”
Renewable Energy and Energy Conservation IncentivesPub. L. 101549, title VIII, § 808, Nov. 15, 1990, 104 Stat. 2690, provided that: “(a) Definition.—For purposes of this section, renewable energy means energy from photovoltaic, solar thermal, wind, geothermal, and biomass energy production technologies. “(b) Rate Incentives Study.—Within 18 months after enactment [Nov. 15, 1990], the Federal Energy Regulatory Commission, in consultation with the Environmental Protection Agency, shall complete a study which calculates the net environmental benefits of renewable energy, compared to nonrenewable energy, and assigns numerical values to them. The study shall include, but not be limited to, environmental impacts on air, water, land use, water use, human health, and waste disposal. “(c) Model Regulations.—In conjunction with the study in subsection (b), the Commission shall propose one or more models for incorporating the net environmental benefits into the regulatory treatment of renewable energy in order to provide economic compensation for those benefits. “(d) Report.—The Commission shall transmit the study and the model regulations to Congress, along with any recommendations on the best ways to reward renewable energy technologies for their environmental benefits, in a report no later than 24 months after enactment [Nov. 15, 1990].”
Retention and Use of Revenues From Licensing Fees, Inspection Services, and Other Services and Collections; Reduction To Achieve Final Fiscal Year AppropriationPub. L. 99500, § 101(e) [title III], Oct. 18, 1986, 100 Stat. 1783194, 1783208, and Pub. L. 99591, § 101(e) [title III], Oct. 30, 1986, 100 Stat. 3341194, 3341208, provided in part: “That hereafter and notwithstanding any other provision of law revenues from licensing fees, inspection services, and other services and collections, estimated at $78,754,000 in fiscal year 1987, may be retained and used for necessary expenses in this account [Federal Energy Regulatory Commission, Salaries and Expenses], and may remain available until expended: Provided further, That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1987, so as to result in a final fiscal year 1987 appropriation estimated at not more than $20,325,000.” Similar provisions were contained in the following appropriation acts: Pub. L. 11974, div. B, title III, Jan. 23, 2026, 140 Stat. 84. Pub. L. 11842, div. D, title III, Mar. 9, 2024, 138 Stat. 205. Pub. L. 117328, div. D, title III, Dec. 29, 2022, 136 Stat. 4642. Pub. L. 117103, div. D, title III, Mar. 15, 2022, 136 Stat. 231. Pub. L. 116260, div. D, title III, Dec. 27, 2020, 134 Stat. 1372. Pub. L. 11694, div. C, title III, Dec. 20, 2019, 133 Stat. 2678. Pub. L. 115244, div. A, title III, Sept. 21, 2018, 132 Stat. 2915. Pub. L. 115141, div. D, title III, Mar. 23, 2018, 132 Stat. 527. Pub. L. 11531, div. D, title III, May 5, 2017, 131 Stat. 319. Pub. L. 114113, div. D, title III, Dec. 18, 2015, 129 Stat. 2415. Pub. L. 113235, div. D, title III, Dec. 16, 2014, 128 Stat. 2322. Pub. L. 11376, div. D, title III, Jan. 17, 2014, 128 Stat. 172. Pub. L. 11274, div. B, title III, Dec. 23, 2011, 125 Stat. 875. Pub. L. 11185, title III, Oct. 28, 2009, 123 Stat. 2871. Pub. L. 1118, div. C, title III, Mar. 11, 2009, 123 Stat. 625. Pub. L. 110161, div. C, title III, Dec. 26, 2007, 121 Stat. 1966. Pub. L. 109103, title III, Nov. 19, 2005, 119 Stat. 2277. Pub. L. 108447, div. C, title III, Dec. 8, 2004, 118 Stat. 2957. Pub. L. 108137, title III, Dec. 1, 2003, 117 Stat. 1859. Pub. L. 1087, div. D, title III, Feb. 20, 2003, 117 Stat. 153. Pub. L. 10766, title III, Nov. 12, 2001, 115 Stat. 508. Pub. L. 106377, § 1(a)(2) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A78. Pub. L. 10660, title III, Sept. 29, 1999, 113 Stat. 494. Pub. L. 105245, title III, Oct. 7, 1998, 112 Stat. 1851. Pub. L. 10562, title III, Oct. 13, 1997, 111 Stat. 1334. Pub. L. 104206, title III, Sept. 30, 1996, 110 Stat. 2998. Pub. L. 10446, title III, Nov. 13, 1995, 109 Stat. 416. Pub. L. 103316, title III, Aug. 26, 1994, 108 Stat. 1719. Pub. L. 103126, title III, Oct. 28, 1993, 107 Stat. 1330. Pub. L. 102377, title III, Oct. 2, 1992, 106 Stat. 1338. Pub. L. 102104, title III, Aug. 17, 1991, 105 Stat. 531. Pub. L. 101514, title III, Nov. 5, 1990, 104 Stat. 2093. Pub. L. 101101, title III, Sept. 29, 1989, 103 Stat. 661. Pub. L. 100371, title III, July 19, 1988, 102 Stat. 870. Pub. L. 100202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329104, 1329124.
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# 42 U.S.C. § 7173 - Initiation of rulemaking procedures before Commission
## Text
(a) Proposal of rules, regulations, and statements of policy of general applicability by Secretary and Commission The Secretary and the Commission are authorized to propose rules, regulations, and statements of policy of general applicability with respect to any function within the jurisdiction of the Commission under section 7172 of this title.
(b) Consideration and final action on proposals of Secretary The Commission shall have exclusive jurisdiction with respect to any proposal made under subsection (a), and shall consider and take final action on any proposal made by the Secretary under such subsection in an expeditious manner in accordance with such reasonable time limits as may be set by the Secretary for the completion of action by the Commission on any such proposal.
(c) Utilization of rulemaking procedures for establishment of rates and charges under Federal Power Act and Natural Gas Act Any function described in section 7172 of this title which relates to the establishment of rates and charges under the Federal Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15 U.S.C. 717 et seq.], may be conducted by rulemaking procedures. Except as provided in subsection (d), the procedures in such a rulemaking proceeding shall assure full consideration of the issues and an opportunity for interested persons to present their views.
(d) Submission of written questions by interested persons With respect to any rule or regulation promulgated by the Commission to establish rates and charges for the first sale of natural gas by a producer or gatherer to a natural gas pipeline under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission may afford any interested person a reasonable opportunity to submit written questions with respect to disputed issues of fact to other interested persons participating in the rulemaking proceedings. The Commission may establish a reasonable time for both the submission of questions and responses thereto.
(Pub. L. 9591, title IV, § 403, Aug. 4, 1977, 91 Stat. 585.)
## Notes
Editorial Notes
References in TextThe Federal Power Act, referred to in subsec. (c), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classified generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. The Natural Gas Act, referred to in subsecs. (c) and (d), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 717w of Title 15 and Tables.
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# 42 U.S.C. § 7174 - Referral of other rulemaking proceedings to Commission
## Text
(a) Notification of Commission of proposed action; public comment Except as provided in section 7173 of this title, whenever the Secretary proposes to prescribe rules, regulations, and statements of policy of general applicability in the exercise of any function which is transferred to the Secretary under section 7151 of this title or section 60501 of title 49, he shall notify the Commission of the proposed action. If the Commission, in its discretion, determines within such period as the Secretary may prescribe, that the proposed action may significantly affect any function within the jurisdiction of the Commission pursuant to section 7172(a)(1) and (c)(1) of this title and section 60502 of title 49, the Secretary shall immediately refer the matter to the Commission, which shall provide an opportunity for public comment.
(b) Recommendations of Commission; publication Following such opportunity for public comment the Commission, after consultation with the Secretary, shall either—
(1) concur in adoption of the rule or statement as proposed by the Secretary;
(2) concur in adoption of the rule or statement only with such changes as it may recommend; or
(3) recommend that the rule or statement not be adopted.
The Commission shall promptly publish its recommendations, adopted under this subsection, along with an explanation of the reason for its actions and an analysis of the major comments, criticisms, and alternatives offered during the comment period.
(c) Options of Secretary; final agency action Following publication of the Commissions 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 section 704 of title 5.
(Pub. L. 9591, title IV, § 404, Aug. 4, 1977, 91 Stat. 586.)
## Notes
Editorial Notes
Codification In subsec. (a), “section 60501 of title 49” substituted for reference to section 306 of this Act, meaning section 306 of Pub. L. 9591 [42 U.S.C. 7155], and “section 60502 of title 49” substituted for reference to section 402(b), meaning section 402(b) of Pub. L. 9591 [42 U.S.C. 7172(b)] on authority of Pub. L. 103272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
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# 42 U.S.C. § 7175 - Right of Secretary to intervene in Commission proceedings
## Text
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.
(Pub. L. 9591, title IV, § 405, Aug. 4, 1977, 91 Stat. 586.)
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# 42 U.S.C. § 7176 - Reorganization
## Text
For the purposes of chapter 9 of title 5 the Commission shall be deemed to be an independent regulatory agency.
(Pub. L. 9591, title IV, § 406, Aug. 4, 1977, 91 Stat. 586.)
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# 42 U.S.C. § 7177 - Access to information
## Text
(a) The Secretary, each officer of the Department, and each Federal agency shall provide to the Commission, upon request, such existing information in the possession of the Department or other Federal agency as the Commission determines is necessary to carry out its responsibilities under this chapter.
(b) The Secretary, in formulating the information to be requested in the reports or investigations under section 825c and section 825j of title 16 and section 717i and section 717j of title 15 shall include in such reports and investigations such specific information as requested by the Federal Energy Regulatory Commission and copies of all reports, information, results of investigations and data under said sections shall be furnished by the Secretary to the Federal Energy Regulatory Commission.
(Pub. L. 9591, title IV, § 407, Aug. 4, 1977, 91 Stat. 587.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7178 - Federal Energy Regulatory Commission fees and annual charges
## Text
(a) In general (1) Except as provided in paragraph (2) and beginning in fiscal year 1987 and in each fiscal year thereafter, the Federal Energy Regulatory Commission shall, using the provisions of this section and authority provided by other laws, assess and collect fees and annual charges in any fiscal year in amounts equal to all of the costs incurred by the Commission in that fiscal year.
(2) The provisions of this section shall not affect the authority, requirements, exceptions, or limitations in sections 803(e) and 823a(e) of title 16.
(b) Basis for assessments The fees or annual charges assessed shall be computed on the basis of methods that the Commission determines, by rule, to be fair and equitable.
(c) Estimates The Commission may assess fees and charges under this section by making estimates based on data available to the Commission at the time of assessment.
(d) Time of payment The Commission shall provide that the fees and charges assessed under this section shall be paid by the end of the fiscal year for which they were assessed.
(e) Adjustments The Commission shall, after the completion of a fiscal year, make such adjustments in the assessments for such fiscal year as may be necessary to eliminate any overrecovery or underrecovery of its total costs, and any overcharging or undercharging of any person.
(f) Use of funds All moneys received under this section shall be credited to the general fund of the Treasury.
(g) Waiver The Commission may waive all or part of any fee or annual charge assessed under this section for good cause shown.
(Pub. L. 99509, title III, § 3401, Oct. 21, 1986, 100 Stat. 1890.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7191 - Procedures for issuance of rules, regulations, or orders
## Text
(a) Applicability of subchapter II of chapter 5 of title 5 (1) Subject to the other requirements of this subchapter, the provisions of subchapter II of chapter 5 of title 5 shall apply in accordance with its terms to any rule or regulation, or any order having the applicability and effect of a rule (as defined in section 551(4) of title 5), issued pursuant to authority vested by law in, or transferred or delegated to, the Secretary, or required by this chapter or any other Act to be carried out by any other officer, employee, or component of the Department, other than the Commission, including any such rule, regulation, or order of a State, or local government agency or officer thereof, issued pursuant to authority delegated by the Secretary in accordance with this subchapter. If any provision of any Act, the functions of which are transferred, vested, or delegated pursuant to this chapter, provides administrative procedure requirements in addition to the requirements provided in this subchapter, such additional requirements shall also apply to actions under that provision.
(2) Notwithstanding paragraph (1), this subchapter shall apply to the Commission to the same extent this subchapter applies to the Secretary in the exercise of any of the Commissions functions under section 7172(c)(1) of this title or which the Secretary has assigned under section 7172(e) of this title.
(b) Substantial issue of fact or law or likelihood of substantial impact on Nations 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 Nations economy or large numbers of individuals or businesses, such proposed rule, regulation, or order may be promulgated in accordance with section 553 of title 5. If the Secretary determines that a substantial issue of fact or law exists or that such rule, regulation, or order is likely to have a substantial impact on the Nations economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be provided.
(2) Any person, who would be adversely affected by the implementation of any proposed rule, regulation, or order who desires an opportunity for oral presentation of views, data, and arguments, may submit material supporting the existence of such substantial issues or such impact.
(3) A transcript shall be kept of any oral presentation with respect to a rule, regulation, or order described in subsection (a).
(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.
(Pub. L. 9591, title V, § 501, Aug. 4, 1977, 91 Stat. 587; Pub. L. 10528, § 2(a), July 18, 1997, 111 Stat. 245.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(1) and (e), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments1997—Subsec. (b). Pub. L. 10528, § 2(a)(1), (2), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “(1) In addition to the requirements of subsection (a) of this section, notice of any proposed rule, regulation, or order described in subsection (a) of this section shall be given by publication of such proposed rule, regulation, or order in the Federal Register. Such publication shall be accompanied by a statement of the research, analysis, and other available information in support of, the need for, and the probable effect of, any such proposed rule, regulation, or order. Other effective means of publicity shall be utilized as may be reasonably calculated to notify concerned or affected persons of the nature and probable effect of any such proposed rule, regulation, or order. In each case, a minimum of thirty days following such publication shall be provided for an opportunity to comment prior to promulgation of any such rule, regulation, or order. “(2) Public notice of all rules, regulations, or orders described in subsection (a) of this section which are promulgated by officers of a State or local government agency pursuant to a delegation under this chapter shall be provided by publication of such proposed rules, regulations, or orders in at least two newspapers of statewide circulation. If such publication is not practicable, notice of any such rule, regulation, or order shall be given by such other means as the officer promulgating such rule, regulation, or order determines will reasonably assure wide public notice. “(3) For the purposes of this subchapter, the exception from the requirements of section 553 of title 5 provided by subsection (a)(2) of such section with respect to public property, loans, grants, or contracts shall not be available.” Subsec. (c). Pub. L. 10528, § 2(a)(2), (3), redesignated subsec. (e) as (c) and substituted “subsection (b)” for “subsections (b), (c), and (d)”. Former subsec. (c) redesignated (b). Subsec. (d). Pub. L. 10528, § 2(a)(1), (2), redesignated subsec. (f) as (d) and struck out former subsec. (d) which read as follows: “Following the notice and comment period, including any oral presentation required by this subsection, the Secretary may promulgate a rule if the rule is accompanied by an explanation responding to the major comments, criticisms, and alternatives offered during the comment period.” Subsecs. (e) to (g). Pub. L. 10528, § 2(a)(2), redesignated subsecs. (e) to (g) as (c) to (e), respectively.
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# 42 U.S.C. § 7192 - Judicial review
## Text
(a) Agency action Judicial review of agency action taken under any law the functions of which are vested by law in, or transferred or delegated to the Secretary, the Commission or any officer, employee, or component of the Department shall, notwithstanding such vesting, transfer, or delegation, be made in the manner specified in or for such law.
(b) Review by district court of United States; removal Notwithstanding the amount in controversy, the district courts of the United States shall have exclusive original jurisdiction of all other cases or controversies arising exclusively under this chapter, or under rules, regulations, or orders issued exclusively thereunder, other than any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this chapter, except that nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this chapter or the validity of action taken by any agency under this chapter). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this chapter or the validity of agency action under this chapter, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28. Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either (A) any appropriate State court, or (B) without regard to the amount in controversy, the district courts of the United States.
(c) Litigation supervision by Attorney General Subject to the provisions of section 7171(i) of this title and notwithstanding any other law, the litigation of the Department shall be subject to the supervision of the Attorney General pursuant to chapter 31 of title 28. The Attorney General may authorize any attorney of the Department to conduct any civil litigation of the Department in any Federal court except the Supreme Court.
(Pub. L. 9591, title V, § 502, Aug. 4, 1977, 91 Stat. 589.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7193 - Remedial orders
## Text
(a) Violations of rules, regulations, or orders promulgated pursuant to Emergency Petroleum Allocation Act of 1973 If upon investigation the Secretary or his authorized representative believes that a person has violated any regulation, rule, or order described in section 7191(a) of this title promulgated pursuant to the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [15 U.S.C. 751 et seq.], he may issue a remedial order to the person. Each remedial order shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of such rule, regulation, or order alleged to have been violated. For purposes of this section “person” includes any individual, association, company, corporation, partnership, or other entity however organized.
(b) Notice of intent to contest; final order not subject to review If within thirty days after the receipt of the remedial order issued by the Secretary, the person fails to notify the Secretary that he intends to contest the remedial order, the remedial order shall become effective and shall be deemed a final order of the Secretary and not subject to review by any court or agency.
(c) Notice of contestation to Commission; stay; hearing; cross examination; final order; enforcement and review If within thirty days after the receipt of the remedial order issued by the Secretary, the person notifies the Secretary that he intends to contest a remedial order issued under subsection (a) of this section, the Secretary shall immediately advise the Commission of such notification. Upon such notice, the Commission shall stay the effect of the remedial order, unless the Commission finds the public interest requires immediate compliance with such remedial order. The Commission shall, upon request, afford an opportunity for a hearing, including, at a minimum, the submission of briefs, oral or documentary evidence, and oral arguments. To the extent that the Commission in its discretion determines that such is required for a full and true disclosure of the facts, the Commission shall afford the right of cross examination. The Commission shall thereafter issue an order, based on findings of fact, affirming, modifying, or vacating the Secretarys 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.
(Pub. L. 9591, title V, § 503, Aug. 4, 1977, 91 Stat. 590; Pub. L. 95620, title VIII, § 805, Nov. 9, 1978, 92 Stat. 3348.)
## Notes
Editorial Notes
References in TextThe Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, Commerce and Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the Presidents authority under that chapter on Sept. 30, 1981.
Amendments1978—Subsecs. (e), (f). Pub. L. 95620, § 805(b), inserted “preceding provisions of” before “this section”. Subsec. (g). Pub. L. 95620, § 805(a), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95620, set out as an Effective Date note under section 8301 of this title.
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# 42 U.S.C. § 7194 - Requests for adjustments
## Text
(a) The Secretary or any officer designated by him shall provide for the making of such adjustments to any rule, regulation or order described in section 7191(a) of this title issued under the Federal Energy Administration Act [15 U.S.C. 761 et seq.], the Emergency Petroleum Allocation Act of 1973 11 See References in Text note below. [15 U.S.C. 751 et seq.], the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.], or the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, or recission 22 So in original. Probably should be “recision”. of, exception to, or exemption from, such rule, regulation or order. The Secretary or any such officer shall additionally insure that each decision on any application or petition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such application or petition.
(b) (1) If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a) such person may request a review of such denial by the Commission and may obtain judicial review in accordance with this subchapter when such a denial becomes final.
(2) The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be considered final agency action within the meaning of section 704 of title 5 and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation involving judicial review of such action shall be the responsibility of the Secretary.
(Pub. L. 9591, title V, § 504, Aug. 4, 1977, 91 Stat. 590.)
## Notes
Editorial Notes
References in TextThe Federal Energy Administration Act, referred to in subsec. (a), is Pub. L. 93275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Tables. The Emergency Petroleum Allocation Act of 1973, referred to in subsec. (a), is Pub. L. 93159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the Presidents authority under that chapter on Sept. 30, 1981. The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (a), is Pub. L. 93319, June 22, 1974, 88 Stat. 246, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 791 of Title 15 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
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# 42 U.S.C. § 7195 - Report to Congress; contents
## Text
Within one year after October 1, 1977, the Secretary shall submit a report to Congress concerning the actions taken to implement section 7191 of this title. The report shall include a discussion of the adequacy of such section from the standpoint of the Department and the public, including a summary of any comments obtained by the Secretary from the public about such section and implementing regulations, and such recommendations as the Secretary deems appropriate concerning the procedures required by such section.
(Pub. L. 9591, title V, § 505, Aug. 4, 1977, 91 Stat. 591.)
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# 42 U.S.C. § 7213 to 7217 - Repealed. Pub. L. 103160, div. C, title XXXI, § 3161(a), Nov. 30, 1993, 107 Stat. 1957
## Notes
Section 7213, Pub. L. 9591, title VI, § 603, Aug. 4, 1977, 91 Stat. 593, related to disclosure of energy assets.
Section 7214, Pub. L. 9591, title VI, § 604, Aug. 4, 1977, 91 Stat. 594, required, with exceptions for certain information, that supervisory employees of Department file report on prior employment.
Section 7215, Pub. L. 9591, title VI, § 605, Aug. 4, 1977, 91 Stat. 594, related to postemployment prohibitions and reporting requirements.
Section 7216, Pub. L. 9591, title VI, § 606, Aug. 4, 1977, 91 Stat. 595, prohibited former supervisory employees from participating in certain Department proceedings.
Section 7217, Pub. L. 9591, title VI, § 607, Aug. 4, 1977, 91 Stat. 596; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784, related to procedures applicable to reports under former sections 7213, 7214, and 7215 of this title.
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# 42 U.S.C. § 7218 - Repealed. Pub. L. 104106, div. D, title XLIII, § 4304(b)(6), Feb. 10, 1996, 110 Stat. 664
## Notes
Section, Pub. L. 9591, title VI, § 603, formerly § 608, Aug. 4, 1977, 91 Stat. 596; renumbered § 603 and amended, Pub. L. 103160, div. C, title XXXI, § 3161(c)(1)(D), (E), Nov. 30, 1993, 107 Stat. 1958, related to sanctions.
A prior section 603 of Pub. L. 9591 was classified to section 7213 of this title prior to repeal by Pub. L. 103160.
Statutory Notes and Related Subsidiaries
Effective Date of RepealFor effective date and applicability of repeal, see section 4401 of Pub. L. 104106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces.
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# 42 U.S.C. § 7231 - Officers and employees
## Text
(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 GS18 of the General Schedule under section 5332 of title 5.
(2) The Secretarys 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 GS16, GS17, and GS18 positions without regard to section 3324 of title 5; termination of authority (1) Subject to the provisions of chapter 51 of title 5 but notwithstanding the last two sentences of section 5108(a) 11 See References in Text note below. of such title, the Secretary may place at GS16, GS17, and GS18, not to exceed one hundred seventy-eight positions of the positions subject to the limitation of the first sentence of section 5108(a) 1 of such title.
(2) Appointments under this subsection may be made without regard to the provisions of sections 3324 of title 5, relating to the approval by the Director of the Office of Personnel Management of appointments under GS16, GS17, and GS18 if the individual placed in such position is an individual who is transferred in connection with a transfer of functions under this chapter and who, immediately before October 1, 1977, held a position and duties comparable to those of such position.
(3) The Secretarys 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 GS16, GS17, and GS18 under section 5108 of title 5, under existing law, or under this chapter, and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than two hundred of the scientific, engineering, professional, and administrative personnel without regard to the civil service laws and may fix the compensation of such personnel not in excess of the maximum rate payable for GS18 of the General Schedule under section 5332 of title 5.
(e) Determination of maximum aggregate number of positions For the purposes of determining the maximum aggregate number of positions which may be placed at GS16, GS17, or GS18 under section 5108(a) of title 5, 63 percent of the positions established under subsections (b) and (c) shall be deemed GS16 positions, 25 percent of such positions shall be deemed GS17 positions, and 12 percent of such positions shall be deemed GS18.
(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.
(Pub. L. 9591, title VI, § 621, Aug. 4, 1977, 91 Stat. 596; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L. 10288, title IV, § 403, Aug. 14, 1991, 105 Stat. 434.)
## Notes
Editorial Notes
References in TextSection 5108(a) of title 5, referred to in subsec. (c)(1), was amended generally by Pub. L. 101509, title V, § 529 [title I, § 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443, and, as so amended, contains only one sentence. This chapter, referred to in subsecs. (c)(2) and (d), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Codification August 14, 1991, referred to in subsec. (f), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 10288, which enacted subsec. (f) of this section, to reflect the probable intent of Congress.
Amendments1991—Subsec. (f). Pub. L. 10288 added subsec. (f).
Statutory Notes and Related Subsidiaries
References in Other Laws to GS16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS16, 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 Pub. L. 101509, set out in a note under section 5376 of Title 5.
Recruitment and Direct Appointments of Highly Qualified Individuals To Meet Severe Candidate Shortages and Critical Hiring NeedsPub. L. 11758, div. J, title III, § 301, Nov. 15, 2021, 135 Stat. 1379, provided that: “Notwithstanding section 3304 of title 5, United States Code, and without regard to the provisions of sections 3309 through 3318 of such title 5, the Secretary of Energy, upon a determination that there is a severe shortage of candidates or a critical hiring need for particular positions to carry out the Department of Energy activities funded under this title, may, from within the funds provided to the Department of Energy under this title, recruit and directly appoint highly qualified individuals into the competitive service: Provided, That such authority shall not apply to positions in the Excepted Service or the Senior Executive Service: Provided further, That any action authorized herein shall be consistent with the merit principles of section 2301 of such title 5, and the Department shall comply with the public notice requirements of section 3327 of such title 5: Provided further, That the authority under this section shall terminate on September 30, 2027: Provided further, That 180 days after the date of enactment of this Act [Nov. 15, 2021], the Secretary of Energy shall submit to the House and Senate Committees on Appropriations an estimate of the number of highly qualified individuals it expects to hire under the authority provided in this section.”
Appointments of Exceptionally Well Qualified Individuals to Scientific, Engineering, or Other Critical Technical PositionsPub. L. 11376, div. D, title III, § 313, Jan. 17, 2014, 128 Stat. 176, provided that: “(a) In General.—Subject to subsections (b) through (d), the Secretary may appoint, without regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in the competitive service, exceptionally well qualified individuals to scientific, engineering, or other critical technical positions. “(b) Limitations.—“(1) Number of positions.—The number of critical positions authorized by subsection (a) may not exceed 120 at any one time in the Department. “(2) Term.—The term of an appointment under subsection (a) may not exceed 4 years. “(3) Prior employment.—An individual appointed under subsection (a) shall not have been a Department employee during the 2-year period ending on the date of appointment. “(4) Pay.—“(A) In general.—The Secretary shall have the authority to fix the basic pay of an individual appointed under subsection (a) at a rate to be determined by the Secretary up to level I of the Executive Schedule [5 U.S.C. 5312] without regard to the civil service laws. “(B) Total annual compensation.—The total annual compensation for any individual appointed under subsection (a) may not exceed the highest total annual compensation payable at the rate determined under section 104 of title 3, United States Code. “(5) Adverse actions.—An individual appointed under subsection (a) may not be considered to be an employee for purposes of subchapter II of chapter 75 of title 5, United States Code. “(c) Requirements.—“(1) In general.—The Secretary shall ensure that—“(A) the exercise of the authority granted under subsection (a) is consistent with the merit principles of section 2301 of title 5, United States Code; and “(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) Report.—Not later than 2 years after the date of enactment of this Act [Jan. 17, 2014], the Secretary and the Director of the Office of Personnel Management shall submit to Congress a report on the use of the authority provided under this section that includes, at a minimum, a description or analysis of—“(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) Termination of Effectiveness.—The authority provided by this section terminates effective on the date that is 4 years after the date of enactment of this Act.”
Authority for Appointment of Certain Scientific, Engineering, and Technical PersonnelPub. L. 103337, div. C, title XXXI, § 3161, Oct. 5, 1994, 108 Stat. 3095, as amended by Pub. L. 10585, div. C, title XXXI, § 3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105261, div. C, title XXXI, §§ 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub. L. 106398, § 1 [div. C, title XXXI, § 3191], Oct. 30, 2000, 114 Stat. 1654, 1654A480; Pub. L. 107314, div. C, title XXXI, § 3174, Dec. 2, 2002, 116 Stat. 2745, which was formerly set out as a note under this section, was renumbered section 4601 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(i)(2), Nov. 24, 2003, 117 Stat. 1776, and classified to section 2701 of Title 50, War and National Defense, and was repealed and restated as section 6241 of Title 10, Armed Forces, by Pub. L. 11960, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1412, 1458.
Executive Documents
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, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.
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# 42 U.S.C. § 7232 - Senior positions
## Text
In addition to those positions created by subchapter II of this chapter, there shall be within the Department fourteen additional officers in positions authorized by section 5316 of title 5 who shall be appointed by the Secretary and who shall perform such functions as the Secretary shall prescribe from time to time.
(Pub. L. 9591, title VI, § 622, Aug. 4, 1977, 91 Stat. 597.)
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# 42 U.S.C. § 7233 - Experts and consultants
## Text
The Secretary may obtain services as authorized by section 3109 of title 5, at rates not to exceed the daily rate prescribed for grade GS18 of the General Schedule under section 5332 of title 5 for persons in Government service employed intermittently.
(Pub. L. 9591, title VI, § 623, Aug. 4, 1977, 91 Stat. 598.)
## Notes
Statutory Notes and Related Subsidiaries
References in Other Laws to GS16, 17, or 18 Pay RatesReferences in laws to the rates of pay for GS16, 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 Pub. L. 101509, set out in a note under section 5376 of Title 5.
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# 42 U.S.C. § 7234 - Advisory committees
## Text
The Secretary is authorized to establish in accordance with chapter 10 of title 5 such advisory committees as he may deem appropriate to assist in the performance of his functions. Members of such advisory committees, other than full-time employees of the Federal Government, while attending meetings of such committees or while otherwise serving at the request of the Secretary while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for individuals in the Government serving without pay.
(Pub. L. 9591, title VI, § 624, Aug. 4, 1977, 91 Stat. 598; Pub. L. 10528, § 2(b)(1), July 18, 1997, 111 Stat. 245; Pub. L. 117286, § 4(a)(266), Dec. 27, 2022, 136 Stat. 4335.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117286 substituted “chapter 10 of title 5” for “the Federal Advisory Committee Act”. 1997—Pub. L. 10528 struck out subsec. (a) designation and struck out subsec. (b) which read as follows: “Section 776 of title 15 shall be applicable to advisory committees chartered by the Secretary, or transferred to the Secretary or the Department under this chapter, except that where an advisory committee advises the Secretary on matters pertaining to research and development, the Secretary may determine that such meeting shall be closed because it involves research and development matters and comes within the exemption of section 552b(c)(4) of title 5.”
Statutory Notes and Related Subsidiaries
Termination of Advisory CommitteesAdvisory 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 1013 of Title 5, Government Organization and Employees.
Department of Energy Project Review Groups not Subject to Chapter 10 of Title 5, United States Code, by Reason of Inclusion of Employees of Department of Energy Management and Operating ContractorsPub. L. 108136, div. C, title XXXI, § 3112, Nov. 24, 2003, 117 Stat. 1743, as amended by Pub. L. 117286, § 4(a)(267), Dec. 27, 2022, 136 Stat. 4335, provided that: “An officer or employee of a management and operating contractor of the Department of Energy, when serving as a member of a group reviewing or advising on matters related to any one or more management and operating contracts of the Department, shall be treated as an officer or employee of the Department for purposes of determining whether the group is an advisory committee within the meaning of section 1001 of title 5, United States Code.”
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# 42 U.S.C. § 7235 - Armed services personnel
## Text
(a) The Secretary is authorized to provide for participation of Armed Forces personnel in carrying out functions authorized to be performed, on August 4, 1977, in the Energy Research and Development Administration and under chapter 869 of title 10. Members of the Armed Forces may be detailed for service in the Department by the Secretary concerned (as such term is defined in section 101 of such title) pursuant to cooperative agreements with the Secretary.
(b) The detail of any personnel to the Department under this section shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolument, perquisite, right, privilege, or benefit incident to, or arising out of, such status, office, rank, or grade. A member so detailed shall not be subject to direction or control by his armed force, or any officer thereof, directly or indirectly, with respect to the responsibilities exercised in the position to which detailed.
(Pub. L. 9591, title VI, § 625, Aug. 4, 1977, 91 Stat. 598; Pub. L. 95509, title II, § 210, Oct. 24, 1978, 92 Stat. 1779; Pub. L. 115232, div. A, title VIII, § 809(n)(3)(B), Aug. 13, 2018, 132 Stat. 1844.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a). Pub. L. 115232 substituted “chapter 869 of title 10” for “chapter 641 of title 10”. 1978—Subsec. (b). Pub. L. 95509 struck out requirement that a detailed member be charged to the limitations applicable to the Department and prohibition of such member from being charged to any statutory or other limitation or strengths applicable to the Armed Forces.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
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# 42 U.S.C. § 7236 - Transferred
## Notes
Editorial Notes
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# 42 U.S.C. § 7237 - Priority placement, job placement, retraining, and counseling programs for United States Department of Energy employees affected by reduction in force
## Text
(a) Definitions (1) For the purposes of this section, the term “agency” means the United States Department of Energy.
(2) For the purposes of this section, the term “eligible employee” means any employee of the agency who—
(A) is scheduled to be separated from service due to a reduction in force under—
(i) regulations prescribed under section 3502 of title 5; or
(ii) procedures established under section 3595 of title 5; or
(B) is separated from service due to such a reduction in force, but does not include—
(i) an employee separated from service for cause on charges of misconduct or delinquency; or
(ii) an employee who, at the time of separation, meets the age and service requirements for an immediate annuity under subchapter III of chapter 83 or chapter 84 of title 5.
(b) Priority placement and retraining program Not later than 30 days after September 30, 1996, the United States Department of Energy shall establish an agency-wide priority placement and retraining program for eligible employees.
(c) Filling vacancy from outside agency The priority placement program established under subsection (b) 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 employees 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.
(Pub. L. 104206, title III, § 301, Sept. 30, 1996, 110 Stat. 2999.)
## Notes
Editorial Notes
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.
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# 42 U.S.C. § 7238 - Temporary appointments for scientific and technical experts in Department of Energy research and development programs
## Text
(a) The Secretary, utilizing authority under other applicable law and the authority of this section, may appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Department.
(b) The Department may pay, to the extent authorized for certain other Federal employees by section 5723 of title 5, travel expenses for any individual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individuals residence at the time of selection or assignment to his or her duty station. The Department may pay such travel expenses to the same extent for such an individuals return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Department may also pay a per diem allowance at a rate not to exceed the daily amounts prescribed under section 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her employment with the Department. Notwithstanding any other provision of law, the employers contribution to any retirement, life insurance, or health benefit plan for an individual appointed for a term of one year or less, which could be extended for no more than one additional year, may be made or reimbursed from appropriations available to the Department.
(Pub. L. 104271, title III, § 301, Oct. 9, 1996, 110 Stat. 3307.)
## Notes
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Definitions Pub. L. 104271, § 2, Oct. 9, 1996, 110 Stat. 3304, provided that: “For purposes of titles II and III [enacting this section and provisions set out as a note under section 12403 of this title]— “(1) the term Department means the Department of Energy; and “(2) the term Secretary means the Secretary of Energy.”
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# 42 U.S.C. § 7239 - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 10665, div. C, title XXXI, § 3164, Oct. 5, 1999, 113 Stat. 946, which related to the whistleblower protection program, was renumbered section 4602 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(i)(3)(A)(C), Nov. 24, 2003, 117 Stat. 1776, and was formerly classified to section 2702 of Title 50, War and National Defense. See section 6242 of Title 10, Armed Forces.
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# 42 U.S.C. § 7251 - General authority
## Text
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.
(Pub. L. 9591, title VI, § 641, Aug. 4, 1977, 91 Stat. 598.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Improvement and Streamlining of the Missions and Operations of the Department of Energy and National Nuclear Security AdministrationPub. L. 112239, div. C, title XXXI, § 3120, Jan. 2, 2013, 126 Stat. 2174, provided that: “(a) In General.—The Secretary of Energy and the Administrator for Nuclear Security shall review and, to the extent practicable, revise the Department of Energy Acquisition Regulation and other regulations, rules, directives, orders, and policies that apply to the administration, execution, and oversight of the missions and operations of the Department of Energy and the National Nuclear Security Administration to improve and streamline such administration, execution, and oversight. “(b) Improvement and Streamlining.—In carrying out subsection (a), the Secretary and the Administrator shall review and, to the extent practicable, carry out the following actions:“(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) Briefing.—“(1) In general.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the Secretary and the Administrator shall provide to the appropriate congressional committees a briefing on the review conducted under subsection (a), including the status of such review and any actions taken or planned to be taken to improve and streamline the regulations, rules, directives, orders, and policies described in such subsection. “(2) Appropriate congressional committees defined.—In this subsection, the term appropriate congressional committees means—“(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 BoardPub. L. 10585, div. C, title XXXI, § 3161, Nov. 18, 1997, 111 Stat. 2048, required the Secretary of Energy to establish the Department of Energy Security Management Board, and provided for its duties which related to the security functions of the Department, and its membership, appointments, personnel, compensation, expenses, and termination on Oct. 31, 2000, prior to repeal by Pub. L. 10665, div. C, title XXXI, § 3142(h)(1), Oct. 5, 1999, 113 Stat. 933.
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# 42 U.S.C. § 7252 - Delegation
## Text
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.
(Pub. L. 9591, title VI, § 642, Aug. 4, 1977, 91 Stat. 599.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Reorganization of Field Activities and Management of National Security FunctionsPub. L. 104206, title III, § 302, Sept. 30, 1996, 110 Stat. 2999, provided that: “None of the funds appropriated by this or any other Act may be used to implement section 3140 of H.R. 3230 as reported by the Committee of Conference on July 30, 1996 [Pub. L. 104201, set out below]. The Secretary of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of Energy and shall submit such plan to the Congress not later than 120 days after the date of enactment of this Act [Sept. 30, 1996]. The plan will specifically identify all significant functions performed by the Departments national security operations and area offices and make recommendations as to where those functions should be performed.” Pub. L. 104201, div. C, title XXXI, § 3140, Sept. 23, 1996, 110 Stat. 2833, which was formerly set out as a note under this section, was renumbered section 4102 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(d)(3)(A)(C), Nov. 24, 2003, 117 Stat. 1757, and classified to section 2512 of Title 50, War and National Defense, and was repealed and restated as section 6103 of Title 10, Armed Forces, by Pub. L. 11960, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1340, 1458.
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# 42 U.S.C. § 7253 - Reorganization
## Text
(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 section 2409 of title 50.
(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) 11 See References in Text note below. of title 50.
(Pub. L. 9591, title VI, § 643, Aug. 4, 1977, 91 Stat. 599; Pub. L. 106377, § 1(a)(2) [title III, § 314(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A81; Pub. L. 106398, § 1 [div. C, title XXXI, § 3159(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A470; Pub. L. 112239, div. C, title XXXI, § 3132(e), Jan. 2, 2013, 126 Stat. 2187.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. Section 2402(e) of title 50, referred to in subsec. (c), probably means the subsec. (e) of section 2402 of title 50 which relates to reorganization authority and was added by Pub. L. 106398, § 1 [div. C, title XXXI, § 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A469 and redesignated section 2402(f) of title 50 by Pub. L. 107107, div. A, title X, § 1048(i)(12), Dec. 28, 2001, 115 Stat. 1230.
Amendments2013—Subsecs. (b), (c). Pub. L. 112239 redesignated subsec. (b) relating to nonapplicability of authority of Secretary to National Nuclear Security Administration as (c). 2000—Subsec. (a). Pub. L. 106398, § 1 [div. C, title XXXI, § 3159(b)(1)], which directed amendment of section by substituting “(a) Except as provided in subsection (b), the Secretary” for “The Secretary”, could not be executed because the words “The Secretary” did not appear after execution of the amendment by Pub. L. 106377, § 1(a)(2) [title III, § 314(b)(1)]. See below. Pub. L. 106377, § 1(a)(2) [title III, § 314(b)(1)], designated existing provisions as subsec. (a) and substituted “Subject to subsection (b), the Secretary” for “The Secretary”. Subsec. (b). Pub. L. 106398, § 1 [div. C, title XXXI, § 3159(b)(2)], added subsec. (b) relating to nonapplicability of authority of Secretary under subsec. (a) of this section to National Nuclear Security Administration. Pub. L. 106377, § 1(a)(2) [title III, § 314(b)(2)], added subsec. (b) relating to authority of Secretary as to National Nuclear Security Administration.
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# 42 U.S.C. § 7254 - Rules and regulations
## Text
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.
(Pub. L. 9591, title VI, § 644, Aug. 4, 1977, 91 Stat. 599.)
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# 42 U.S.C. § 7255 - Subpoena
## Text
For the purpose of carrying out the provisions of this chapter, the Secretary, or his duly authorized agent or agents, shall have the same powers and authorities as the Federal Trade Commission under section 49 of title 15 with respect to all functions vested in, or transferred or delegated to, the Secretary or such agents by this chapter. For purposes of carrying out its responsibilities under the Natural Gas Policy Act of 1978 [15 U.S.C. 3301 et seq.], the Commission shall have the same powers and authority as the Secretary has under this section.
(Pub. L. 9591, title VI, § 645, Aug. 4, 1977, 91 Stat. 599; Pub. L. 95621, title V, § 508(a), Nov. 9, 1978, 92 Stat. 3408.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. The Natural Gas Policy Act of 1978, referred to in text, is Pub. L. 95621, Nov. 9, 1978, 92 Stat. 3350, which is classified generally to chapter 60 (§ 3301 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables.
Amendments1978—Pub. L. 95621 inserted provision giving the Commission the same powers and authority as the Secretary under this section for purposes of carrying out its responsibilities under the Natural Gas Policy Act of 1978.
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# 42 U.S.C. § 7256 - Contracts, leases, etc., with public agencies and private organizations and persons
## Text
(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 individuals 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 section 2371 11 See References in Text note below. of title 10 (other than subsections (b) and (f) of that section).
(2) In applying section 2371 1 of title 10 to the Secretary under paragraph (1)—
(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) section 5908 of this title; or
(B) section 2182 of this title.
(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) Protection from disclosure.— (A) In general.— The Secretary may protect from disclosure any information developed pursuant to a transaction under paragraph (1) that would be protected from disclosure under section 552(b)(4) of title 5, if obtained from a person other than a Federal agency—
(i) for up to 5 years after the date on which the information is developed; or
(ii) for up to 30 years after the date on which the information is developed, if the Secretary determines that the nature of the technology under the transaction, including nuclear technology, could reasonably require an extended period of protection from disclosure to reach commercialization.
(B) Extension during term.— The Secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph (A) in accordance with that subparagraph.
(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 (Public Law 103160; 10 U.S.C. 2371 note).
(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, 2030.
(Pub. L. 9591, title VI, § 646, Aug. 4, 1977, 91 Stat. 599; Pub. L. 103160, div. C, title XXXI, § 3154, Nov. 30, 1993, 107 Stat. 1952; Pub. L. 10958, title X, § 1007, Aug. 8, 2005, 119 Stat. 932; Pub. L. 111383, div. C, title XXXI, § 3118, Jan. 7, 2011, 124 Stat. 4514; Pub. L. 11366, div. C, title XXXI, § 3119, Dec. 26, 2013, 127 Stat. 1059; Pub. L. 116260, div. Z, title IX, § 9006(a), Dec. 27, 2020, 134 Stat. 2599; Pub. L. 11758, div. D, title III, § 40322(c), Nov. 15, 2021, 135 Stat. 1019.)
## Notes
Editorial Notes
References in TextSection 2371 of title 10, referred to in subsec. (g)(1), (2), was renumbered section 4021 of title 10 by Pub. L. 116283, § 1841(b)(1), as amended by Pub. L. 11781, § 1701(u)(2)(B), Dec. 27, 2021, 135 Stat. 2151. Section 2371(h) of title 10, referred to in subsec. (g)(7), was repealed by Pub. L. 113291, div. A, title X, § 1071(f)(20), Dec. 19, 2014, 128 Stat. 3511. Section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103160; 10 U.S.C. 2371 note), referred to in subsec. (g)(8)(A), was repealed by Pub. L. 11492, div. A, title VIII, § 815(c), Nov. 25, 2015, 129 Stat. 896. See section 4022(e) of Title 10, Armed Forces.
Amendments2021—Subsec. (g)(5). Pub. L. 11758 inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. (A) heading, struck out “, for up to 5 years after the date on which the information is developed,” before “any information”, substituted “agency—” and cls. (i) and (ii) for “agency.”, and added subpar. (B). 2020—Subsec. (g)(10). Pub. L. 116260 substituted “September 30, 2030” for “September 30, 2020”. 2013—Subsec. (g)(10). Pub. L. 11366 substituted “September 30, 2020” for “September 30, 2015”. 2011—Subsec. (g)(10). Pub. L. 111383 substituted “September 30, 2015” for “September 30, 2010”. 2005—Subsec. (g). Pub. L. 10958 added subsec. (g). 1993—Subsecs. (c) to (f). Pub. L. 103160 added subsecs. (c) to (f).
Statutory Notes and Related Subsidiaries
Wage Rate RequirementsFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 11758, including authority of Secretary of Labor, see section 18851 of this title.
Small Business ContractingPub. L. 10913, div. A, title VI, § 6022(a), (b), May 11, 2005, 119 Stat. 285, provided that: “(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 AssetsPub. L. 10585, div. C, title XXXI, § 3138, Nov. 18, 1997, 111 Stat. 2039, which was formerly set out as a note under this section, was renumbered section 4833 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(k)(13)(A)(C), Nov. 24, 2003, 117 Stat. 1786, and classified to section 2813 of Title 50, War and National Defense, and was repealed and restated as section 6354 of Title 10, Armed Forces, by Pub. L. 11960, div. C, title XXXI, § 3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1454, 1458.
Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher EducationPub. L. 103160, div. C, title XXXI, § 3159, Nov. 30, 1993, 107 Stat. 1956, as amended by Pub. L. 103337, div. A, title X, § 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857, provided that: “(a) Goal.—Except as provided in subsection (c), a goal of 5 percent of the amount described in subsection (b) shall be the objective of the Department of Energy in carrying out national security programs of the Department in each of fiscal years 1994 through 2000 for the total combined amount obligated for contracts and subcontracts entered into with—“(1) small business concerns, including mass media and advertising firms, owned and controlled by socially and economically disadvantaged individuals (as such term is used in section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and regulations issued under that section), the majority of the earnings of which directly accrue to such individuals; “(2) historically Black colleges and universities, including any nonprofit research institution that was an integral part of such a college or university before November 14, 1986; and “(3) minority institutions (as defined in section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3))), which, for the purposes of this section, shall include Hispanic-serving institutions (as defined in section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1))). “(b) Amount.—(1) Except as provided in paragraph (2), the requirements of subsection (a) for any fiscal year apply to the combined total of the funds obligated for contracts entered into by the Department of Energy pursuant to competitive procedures for such fiscal year for purposes of carrying out national security programs of the Department. “(2) In computing the combined total of funds under paragraph (1) for a fiscal year, funds obligated for such fiscal year for contracts for naval reactor programs shall not be included. “(c) Applicability.—Subsection (a) does not apply—“(1) to the extent to which the Secretary of Energy determines that compelling national security considerations require otherwise; and “(2) if the Secretary notifies the Congress of such a determination and the reasons for the determination.”
Small Business Concerns Participation in Programs Funded by Department of Energy Act of 1978—Civilian Applications; Report to Congressional CommitteesPub. L. 95238, title II, § 204, Feb. 25, 1978, 92 Stat. 59, as amended by Pub. L. 96470, title II, § 203(f), Oct. 19, 1980, 94 Stat. 2243, provided that: “(a) In carrying out the programs for which funds are authorized by this Act [see Tables for classification], the Secretary of Energy shall provide a realistic and adequate opportunity for small business concerns to participate in such programs to the optimum extent feasible consistent with the size and nature of the projects and activities involved. “(b) The Secretary of Energy shall submit annually to the appropriate committees of the House of Representatives and the Senate a full report on the actions taken in carrying out subsection (a) during the preceding year, including the extent to which small business concerns are participating in the programs involved and in projects and activities of various types and sizes within each such program, and indicating the steps currently taken to assure such participation in the future. Such report shall also contain such information as may be required by section 308 of the Act of December 31, 1975 (42 U.S.C. 5878a; 89 Stat. 1074).” [For termination, effective May 15, 2000, of reporting provisions in section 204(b) of Pub. L. 95238, set out above, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 21st item on page 89 of House Document No. 1037.]
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# 42 U.S.C. § 7256c - Milestone-based demonstration projects
## Text
(a) In general Acting under section 7256(g) of this title, notwithstanding paragraph (10) of such section, the Secretary of Energy (in this section referred to as the “Secretary”) may carry out demonstration projects as a milestone-based demonstration project that requires particular technical and financial milestones to be met before a participant is awarded grants by the Department through a competitive award process.
(b) Requirements In carrying out milestone-based demonstration projects under the authority in paragraph (1), the Secretary shall, for each relevant project—
(1) request proposals from eligible entities, as determined by the Secretary, including—
(A) a business plan, that may include a plan for scalable manufacturing and a plan for addressing supply chain gaps;
(B) a plan for raising private sector investment; and
(C) proposed technical and financial milestones, including estimated project timelines and total costs; and
(2) award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph (1)(C) or for expenses deemed reimbursable by the Secretary, in accordance with terms negotiated for an individual award;
(3) require cost sharing in accordance with section 16352 of this title; and
(4) communicate regularly with selected eligible entities and, if the Secretary deems appropriate, exercise small amounts of flexibility for technical and financial milestones as projects mature.
(c) Awards For the program established under subsection (a)—
(1) an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses are reviewed and verified by the Department; and
(2) should an awardee not meet the milestones described in subsection (a), the Secretary or their designee may end the partnership with an award recipient and use the remaining funds in the ended agreement for new or existing projects carried out under this section.
(d) Project management In carrying out projects under this program and assessing the completion of their milestones in accordance with subsection (b), the Secretary shall consult with experts that represent diverse perspectives and professional experiences, including those from the private sector, to ensure a complete and thorough review.
(e) Report In accordance with section 16391a(a) of this title, the Secretary shall report annually on any demonstration projects carried out using the authorities under this section.
(Pub. L. 116260, div. Z, title IX, § 9005, Dec. 27, 2020, 134 Stat. 2599.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Energy Act of 2020, and not as part of the Department of Energy Organization Act which comprises this chapter.
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# 42 U.S.C. § 7257 - Acquisition, construction, etc., of laboratories, research and testing sites, etc.
## Text
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.
(Pub. L. 9591, title VI, § 647, Aug. 4, 1977, 91 Stat. 599.)
## Notes
Statutory Notes and Related Subsidiaries
Pilot Program for Project Management Oversight Regarding Department of Energy Construction ProjectsPub. L. 10665, div. C, title XXXI, § 3175, Oct. 5, 1999, 113 Stat. 950, provided that: “(a) Requirement.—(1) The Secretary of Energy shall carry out a pilot program on use of project management oversight services (in this section referred to as PMO services) for construction projects of the Department of Energy. “(2) The purpose of the pilot program shall be to provide a basis for determining whether or not the use of competitively procured, external PMO services for those construction projects would permit the Department to control excessive costs and schedule delays associated with those construction projects that have large capital costs. “(b) Projects Covered by Program.—(1) Subject to paragraph (2), the Secretary shall carry out the pilot program at construction projects selected by the Secretary. The projects shall include one or more construction projects authorized pursuant to section 3101 [113 Stat. 915] and one construction project authorized pursuant to section 3102 [113 Stat. 917]. “(2) Each project selected by the Secretary shall be a project having capital construction costs anticipated to be not less than $25,000,000. “(c) Services Under Program.—The PMO services used under the pilot program shall include the following services:“(1) Monitoring the overall progress of a project. “(2) Determining whether or not a project is on schedule. “(3) Determining whether or not a project is within budget. “(4) Determining whether or not a project conforms with plans and specifications approved by the Department. “(5) Determining whether or not a project is being carried out efficiently and effectively. “(6) Any other management oversight services that the Secretary considers appropriate for purposes of the pilot program. “(d) Procurement of Services Under Program.—Any PMO services procured under the pilot program shall be acquired—“(1) on a competitive basis; and “(2) from among commercial entities that—“(A) do not currently manage or operate facilities at a location where the pilot program is being conducted; and “(B) have an expertise in the management of large construction projects. “(e) Report.—Not later than February 1, 2000, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot program. The report shall include the assessment of the Secretary as to the feasibility and desirability of using PMO services for construction projects of the Department.”
Laboratory Funding PlanPub. L. 10660, title III, § 310, Sept. 29, 1999, 113 Stat. 496, which provided that no funds in an Energy and Water Development Appropriations Act were to be expended after December 31 of each year under certain contracts unless the funds were expended pursuant to a Laboratory Funding Plan approved by the Secretary of Energy, and which also provided for directives, approval, and exceptions by the Secretary, was repealed by Pub. L. 1087, div. D, title III, § 310, Feb. 20, 2003, 117 Stat. 155.
Termination or Changes in Activities of Government-Owned and Contractor-Operated Facilities, National Laboratories, Etc.; Reports by Secretary of Energy Concerning Proposals Prior to Implementation; Contents; Submission DatePub. L. 95238, title I, § 104(c), Feb. 25, 1978, 92 Stat. 53, provided that: “As part of the Department of Energys responsibility to keep the Congress fully and currently informed, the Secretary shall make the following reports: “(i) any proposal by the Secretary of the Department of Energy to terminate or make major changes in activities of the Government-owned and contractor-operated facilities, the national laboratories, energy research centers and the operations offices managing such laboratories, shall not be implemented until the Secretary transmits the proposal, together with all pertinent data, to the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, and waits a period of thirty calendar days (not including any day on which either House of Congress is not in session because of an adjournment of more than three calendar days to a day certain) from the date on which such report is received by such committees; and “(ii) by January 31, 1978, the Secretary shall file a full and complete report on each such proposal which he has implemented, as described in the preceding paragraph, and any major program structure change with the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.”
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# 42 U.S.C. § 7257a to 7257c - Transferred
## Notes
Editorial Notes
Codification Section 7257a, Pub. L. 101510, div. C, title XXXI, § 3132, Nov. 5, 1990, 104 Stat. 1832, which related to laboratory-directed research and development programs, was renumbered section 4811 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(k)(6)(A)(C), Nov. 24, 2003, 117 Stat. 1784, and was formerly classified to section 2791 of Title 50, War and National Defense. See section 6331 of Title 10, Armed Forces. Section 7257b, Pub. L. 104201, div. C, title XXXI, § 3136(b), Sept. 23, 1996, 110 Stat. 2831; Pub. L. 107314, div. D, title XLVIII, § 4812(c), formerly Pub. L. 10585, div. C, title XXXI, § 3137(c), Nov. 18, 1997, 111 Stat. 2039, renumbered Pub. L. 108136, div. C, title XXXI, § 3141(k)(7)(A)(i)(iii), Nov. 24, 2003, 117 Stat. 1784, which related to annual reports by the Secretary of Energy with respect to expenditures of the Department of Energy Laboratory Directed Research and Development Program, was renumbered section 4812A(b) of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(k)(7)(B)(i)(iii), Nov. 24, 2003, 117 Stat. 1784, 1785, and was formerly classified to section 2793 of Title 50, War and National Defense. See section 6336 of Title 10, Armed Forces. Section 7257c, Pub. L. 10585, div. C, title XXXI, § 3137, Nov. 18, 1997, 111 Stat. 2038, which related to limitations on the use of funds for laboratory directed research and development purposes, was renumbered section 4812 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(k)(7)(A)(i)(iii), Nov. 24, 2003, 117 Stat. 1784, and was formerly classified to section 2792 of Title 50, War and National Defense. See section 6335 of Title 10, Armed Forces.
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# 42 U.S.C. § 7257d - Expanded research by Secretary of Energy
## Text
(a) Detection and identification research (1) In general In conjunction with the working group under section 247d6(a) of this title, the Secretary of Energy and the Administrator of the National Nuclear Security Administration shall expand, enhance, and intensify research relevant to the rapid detection and identification of pathogens likely to be used in a bioterrorism attack or other agents that may cause a public health emergency.
(2) Authorized activities Activities carried out under paragraph (1) may include—
(A) the improvement of methods for detecting biological agents or toxins of potential use in a biological attack and the testing of such methods under variable conditions;
(B) the improvement or pursuit of methods for testing, verifying, and calibrating new detection and surveillance tools and techniques; and
(C) carrying out other research activities in relevant areas.
(3) Report Not later than 180 days after June 12, 2002, the Administrator of the National Nuclear Security Administration shall submit to the Committee on Energy and Natural Resources and the Committee on Armed Services of the Senate, and the Committee on Energy and Commerce and the Committee on Armed Services of the House of Representatives, a report setting forth the programs and projects that will be funded prior to the obligation of funds appropriated under subsection (b).
(b) Authorization For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary in each of fiscal years 2002 through 2006.
(Pub. L. 107188, title I, § 152, June 12, 2002, 116 Stat. 630.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, and not as part of the Department of Energy Organization Act which comprises this chapter.
@@ -0,0 +1,53 @@
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# 42 U.S.C. § 7258 - Facilities construction
## Text
(a) Employees and dependents stationed at remote locations As necessary and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain the following for employees and their dependents stationed at remote locations:
(1) Emergency medical services and supplies;
(2) Food and other subsistence supplies;
(3) Messing facilities;
(4) Audio-visual equipment, accessories, and supplies for recreation and training;
(5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons;
(6) Living and working quarters and facilities; and
(7) Transportation of schoolage dependents of employees to the nearest appropriate educational facilities.
(b) Medical treatment at reasonable prices The furnishing of medical treatment under paragraph (1) of subsection (a) and the furnishing of services and supplies under paragraphs (2) and (3) of subsection (a) shall be at prices reflecting reasonable value as determined by the Secretary.
(c) Use of reimbursement proceeds Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Secretary to pay directly the cost of such work or services, to repay or make advances to appropriations of funds which will initially bear all or a part of such cost, or to refund excess sums when necessary. Such payments may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 7263 of this title, and used under the law governing such fund, if the fund is available for use by the Department for performing the work or services for which payment is received.
(Pub. L. 9591, title VI, § 648, Aug. 4, 1977, 91 Stat. 600.)
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# 42 U.S.C. § 7259 - Use of facilities
## Text
(a) Facilities of United States and foreign governments With their consent, the Secretary and the Federal Energy Regulatory Commission may, with or without reimbursement, use the research, equipment, and facilities of any agency or instrumentality of the United States or of any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States, or of any political subdivision thereof, or of any foreign government, in carrying out any function now or hereafter vested in the Secretary or the Commission.
(b) Facilities under custody of Secretary In carrying out his functions, the Secretary, under such terms, at such rates, and for such periods not exceeding five years, as he may deem to be in the public interest, is authorized to permit the use by public and private agencies, corporations, associations, or other organizations or by individuals of any real property, or any facility, structure, or other improvement thereon, under the custody of the Secretary for Department purposes. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements involved to a satisfactory standard. This section shall not apply to excess property as defined in section 102(3) of title 40.
(c) Use of reimbursement proceeds Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Secretary or the head of the agency or instrumentality of the United States involved, as the case may be, to pay directly the costs of the equipment, or facilities provided, to repay or make advances to appropriations or funds which do or will initially bear all or a part of such costs, or to refund excess sums when necessary, except that such proceeds may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 7263 of this title, and used under the law governing such fund, if the fund is available for use for providing the equipment or facilities involved.
(Pub. L. 9591, title VI, § 649, Aug. 4, 1977, 91 Stat. 600.)
## Notes
Editorial Notes
Codification In subsec. (b), “section 102(3) of title 40” substituted for “section 3(e) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
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# 42 U.S.C. § 7259a - Activities of Department of Energy facilities
## Text
(a) Research and activities on behalf of non-department persons and entities (1) The Secretary of Energy may conduct research and other activities referred to in paragraph (2) at facilities of the Department of Energy on behalf of other departments and agencies of the Government, agencies of State and local governments, and private persons and entities.
(2) The research and other activities that may be conducted under paragraph (1) are those which the Secretary is authorized to conduct by law, including research and activities authorized under the following provisions of law:
(A) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
(B) The Energy Reorganization Act of 1974 [42 U.S.C. 5801 et seq.].
(C) The Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.).
(b) Charges (1) The Secretary shall impose on the department, agency, or person or entity for which research and other activities are carried out under subsection (a) a charge for such research and activities in carrying out such research and activities, which shall include—
(A) the direct cost incurred in carrying out such research and activities; and
(B) the overhead cost, including site-wide indirect costs, associated with such research and activities.
(2) (A) Subject to subparagraph (B), the Secretary shall also impose on the department, agency, or person or entity concerned a Federal administrative charge (which includes any depreciation and imputed interest charges) in an amount not to exceed 3 percent of the full cost incurred in carrying out the research and activities concerned.
(B) The Secretary may waive the imposition of the Federal administrative charge required by subparagraph (A) in the case of research and other activities conducted on behalf of small business concerns, institutions of higher education, non-profit entities, and State and local governments.
(3) Not later than 2 years after October 17, 1998, the Secretary shall terminate any waiver of charges under section 33 of the Atomic Energy Act of 1954 (42 U.S.C. 2053) that were made before such date, unless the Secretary determines that such waiver should be continued.
(c) Pilot program of reduced facility overhead charges (1) The Secretary may, with the cooperation of participating contractors of the contractor-operated facilities of the Department, carry out a pilot program under which the Secretary and such contractors reduce the facility overhead charges imposed under this section for research and other activities conducted under this section.
(2) The Secretary shall carry out the pilot program at contractor-operated facilities selected by the Secretary in consultation with the contractors concerned.
(3) The Secretary shall determine the facility overhead charges to be imposed under the pilot program at a facility based on a joint review by the Secretary and the contractor for the facility of all items included in the overhead costs of the facility in order to determine which items are appropriately incurred as facility overhead charges by the contractor in carrying out research and other activities at such facility under this section.
(4) The Secretary shall commence carrying out the pilot program under this subsection not later than October 1, 1999, and shall terminate the pilot program on September 30, 2003.
(5) Not later than January 31, 2003, the Secretary shall submit to Congress an interim report on the results of the pilot program under this subsection. The report shall include any recommendations for the extension or expansion of the pilot program, including the establishment of multiple rates of overhead charges for various categories of persons and entities seeking research and other activities in contractor-operated facilities of the Department.
(d) Applicability with respect to user fee practice This section does not apply to the practice of the Department of Energy with respect to user fees at Department facilities.
(Pub. L. 105261, div. C, title XXXI, § 3137, Oct. 17, 1998, 112 Stat. 2248.)
## Notes
Editorial Notes
References in TextThe Atomic Energy Act of 1954, referred to in subsec. (a)(2)(A), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Energy Reorganization Act of 1974, referred to in subsec. (a)(2)(B), is Pub. L. 93438, Oct. 11, 1974, 88 Stat. 1233, which is classified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. The Federal Nonnuclear Energy Research and Development Act of 1974, referred to in subsec. (a)(2)(C), is Pub. L. 93577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables.
Codification Section was enacted as part of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, and not as part of the Department of Energy Organization Act which comprises this chapter.
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# 42 U.S.C. § 7260 - Field offices
## Text
The Secretary is authorized to establish, alter, consolidate or discontinue and to maintain such State, regional, district, local or other field offices as he may deem to be necessary to carry out functions vested in him.
(Pub. L. 9591, title VI, § 650, Aug. 4, 1977, 91 Stat. 601.)
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# 42 U.S.C. § 7261 - Acquisition of copyrights, patents, etc.
## Text
The Secretary is authorized to acquire any of the following described rights if the property acquired thereby is for use by or for, or useful to, the Department:
(1) copyrights, patents, and applications for patents, designs, processes, and manufacturing data;
(2) licenses under copyrights, patents, and applications for patents; and
(3) releases, before suit is brought, for past infringement of patents or copyrights.
(Pub. L. 9591, title VI, § 651, Aug. 4, 1977, 91 Stat. 601.)
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# 42 U.S.C. § 7261a - Protection of sensitive technical information
## Text
(a) Property rights in inventions and discoveries; timely determination; reports to Congressional committees (1) Whenever any contractor makes an invention or discovery to which the title vests in the Department of Energy pursuant to exercise of section 202(a)(ii) or (iv) of title 35, or pursuant to section 2182 of this title or section 5908 of this title in the course of or under any Government contract or subcontract of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy and the contractor requests waiver of any or all of the Governments property rights, the Secretary of Energy may decide to waive the Governments rights and assign the rights in such invention or discovery.
(2) Such decision shall be made within 150 days after the date on which a complete request for waiver of such rights has been submitted to the Secretary by the contractor. For purposes of this paragraph, a complete request includes such information, in such detail and form, as the Secretary by regulation prescribes as necessary to allow the Secretary to take into consideration the matters described in subsection (b) in making the decision.
(3) If the Secretary fails to make the decision within such 150-day period, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate, within 10 days after the end of the 150-day period, a report on the reasons for such failure. The submission of such report shall not relieve the Secretary of the requirement to make the decision under this section. The Secretary shall, at the end of each 30-day period after submission of the first report during which the Secretary continues to fail to make the decision required by this section, submit another report on the reasons for such failure to the committees listed in this paragraph.
(b) Matters to be considered In making a decision under this section, the Secretary shall consider, in addition to the applicable policies of section 2182 of this title or subsections (c) and (d) of section 5908 of this title—
(1) whether national security will be compromised;
(2) whether sensitive technical information (whether classified or unclassified) under the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy for which dissemination is controlled under Federal statutes and regulations will be released to unauthorized persons;
(3) whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and
(4) whether failure to assert such a claim will adversely affect the operation of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy.
(Pub. L. 99661, div. C, title I, § 3131, Nov. 14, 1986, 100 Stat. 4062; Pub. L. 100180, div. C, title I, § 3135(a), Dec. 4, 1987, 101 Stat. 1240.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 and also as part of the National Defense Authorization Act for Fiscal Year 1987, and not as part of the Department of Energy Organization Act which comprises this chapter.
Amendments1987—Subsec. (a). Pub. L. 100180 designated existing provisions as par. (1), struck out at end “Such decision shall be made within a reasonable time (which shall usually be six months from the date of the request by the contractor for assignment of such rights).”, and added pars. (2) and (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentPub. L. 100180, div. C, title I, § 3135(b), Dec. 4, 1987, 101 Stat. 1241, provided that: “Paragraphs (2) and (3) of section 3131(a) of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1987 [subsec. (a)(2), (3) of this section] (as added by subsection (a)) shall apply with respect to waiver requests submitted by contractors under that section after March 1, 1988.”
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# 42 U.S.C. § 7261b - Technology transfer to small businesses
## Text
(1) The Secretary of Energy shall establish a program to facilitate and encourage the transfer of technology to small businesses and shall issue guidelines relating to the program not later than May 1, 1993.
(2) For the purposes of this section, the term “small business” means a business concern that meets the applicable size standards prescribed pursuant to section 632(a) of title 15.
(Pub. L. 102484, div. C, title XXXI, § 3135(b), Oct. 23, 1992, 106 Stat. 2641.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1993, and not as part of the Department of Energy Organization Act which comprises this chapter.
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# 42 U.S.C. § 7261c - Technology partnerships ombudsman
## Text
(a) Appointment of ombudsman The Secretary of Energy shall direct the director of each national laboratory of the Department of Energy, and may direct the director of each facility under the jurisdiction of the Department of Energy, to appoint a technology partnership ombudsman to hear and help resolve complaints from outside organizations regarding the policies and actions of each such laboratory or facility with respect to technology partnerships (including cooperative research and development agreements), patents, and technology licensing.
(b) Qualifications An ombudsman appointed under subsection (a) shall be a senior official of the national laboratory or facility who is not involved in day-to-day technology partnerships, patents, or technology licensing, or, if appointed from outside the laboratory or facility, function as such a senior official.
(c) Duties Each ombudsman appointed under subsection (a) shall—
(1) serve as the focal point for assisting the public and industry in resolving complaints and disputes with the national laboratory or facility regarding technology partnerships, patents, and technology licensing;
(2) promote the use of collaborative alternative dispute resolution techniques such as mediation to facilitate the speedy and low-cost resolution of complaints and disputes, when appropriate; and
(3) report quarterly on the number and nature of complaints and disputes raised, along with the ombudsmans assessment of their resolution, consistent with the protection of confidential and sensitive information, to—
(A) the Secretary;
(B) the Administrator for Nuclear Security;
(C) the Director of the Office of Dispute Resolution of the Department of Energy; and
(D) the employees of the Department responsible for the administration of the contract for the operation of each national laboratory or facility that is a subject of the report, for consideration in the administration and review of that contract.
(Pub. L. 106404, § 11, Nov. 1, 2000, 114 Stat. 1749.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Technology Transfer Commercialization Act of 2000, and not as part of the Department of Energy Organization Act which comprises this chapter.
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# 42 U.S.C. § 7262 - Repealed. Pub. L. 104206, title V, § 502, Sept. 30, 1996, 110 Stat. 3002
## Notes
Section, Pub. L. 9591, title VI, § 652, Aug. 4, 1977, 91 Stat. 601, authorized Secretary to accept gifts, bequests, and devises of property for purpose of aiding or facilitating work of Department.
Editorial Notes
Codification Pub. L. 104206, which directed the repeal of 42 U.S.C. 7262, was executed by repealing section 652 of Pub. L. 9591, which was classified to this section, to reflect the probable intent of Congress.
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# 42 U.S.C. § 7263 - Capital fund
## Text
The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interests of economy and efficiency, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space, central services for document reproduction, and for graphics and visual aids; and a central library service. The capital of the fund shall consist of any appropriations made for the purpose of providing capital (which appropriations are hereby authorized) and the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates which will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the United States Treasury as miscellaneous receipts any surplus found in the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain said fund. There shall be transferred to the fund the stocks of supplies, equipment, other assets, liabilities, and unpaid obligations relating to the services which he determines will be performed through the fund. Appropriations to the fund, in such amounts as may be necessary to provide additional working capital, are authorized.
(Pub. L. 9591, title VI, § 653, Aug. 4, 1977, 91 Stat. 601.)
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# 42 U.S.C. § 7264 - Seal of Department
## Text
The Secretary shall cause a seal of office to be made for the Department of such design as he shall approve and judicial notice shall be taken of such seal.
(Pub. L. 9591, title VI, § 654, Aug. 4, 1977, 91 Stat. 602.)
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# 42 U.S.C. § 7265 - Regional Energy Advisory Boards
## Text
(a) Establishment; membership The Governors of the various States may establish Regional Energy Advisory Boards for their regions with such membership as they may determine.
(b) Observers Representatives of the Secretary, the Secretary of Commerce, the Secretary of the Interior, the Chairman of the Council on Environmental Quality, the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency shall be entitled to participate as observers in the deliberations of any Board established pursuant to subsection (a) of this section. The Federal Cochairman of the Appalachian Regional Commission or any regional commission under title V of the Public Works and Economic Development Act [42 U.S.C. 3181 et seq.] shall be entitled to participate as an observer in the deliberations of any such Board which contains one or more States which are members of such Commission.
(c) Recommendations of Board Each Board established pursuant to subsection (a) may make such recommendations as it determines to be appropriate to programs of the Department having a direct effect on the region.
(d) Notice of reasons not to adopt recommendations If any Regional Advisory Board makes specific recommendations pursuant to subsection (c), the Secretary shall, if such recommendations are not adopted in the implementation of the program, notify the Board in writing of his reasons for not adopting such recommendations.
(Pub. L. 9591, title VI, § 655, Aug. 4, 1977, 91 Stat. 602.)
## Notes
Editorial Notes
References in TextThe Public Works and Economic Development Act, referred to in subsec. (b), is Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552. Title V of the Public Works and Economic Development Act was classified generally to subchapter V (§ 3181 et seq.) of chapter 38 of this title prior to repeal by Pub. L. 9735, title XVIII, § 1821(a)(8), Aug. 13, 1981, 95 Stat. 766. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title and Tables.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 42 U.S.C. § 7266 - Designation of conservation officers
## Text
The Secretary of Defense, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of the Interior, the United States Postal Service, and the Administrator of General Services shall each designate one Assistant Secretary or Assistant Administrator, as the case may be, as the principal conservation officer of such Department or of the Administration. Such designated principal conservation officer shall be principally responsible for planning and implementation of energy conservation programs by such Department or Administration and principally responsible for coordination with the Department of Energy with respect to energy matters. Each agency, Department or Administration required to designate a principal conservation officer pursuant to this section shall periodically inform the Secretary of the identity of such conservation officer, and the Secretary shall periodically publish a list identifying such officers.
(Pub. L. 9591, title VI, § 656, Aug. 4, 1977, 91 Stat. 602.)
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# 42 U.S.C. § 7267 - Annual report
## Text
The Secretary shall, as soon as practicable after the end of each fiscal year, commencing with the first complete fiscal year following October 1, 1977, make a report to the President for submission to the Congress on the activities of the Department during the preceding fiscal year. Such report shall include a statement of the Secretarys goals, priorities, and plans for the Department, together with an assessment of the progress made toward the attainment of those goals, the effective and efficient management of the Department and progress made in coordination of its functions with other departments and agencies of the Federal Government. In addition, such report shall include the information required by section 774 of title 15, section 6325(c) of this title, section 10224(c) of this title, section 5877 of this title, and section 5914 11 See References in Text note below. of this title, and shall include:
(1) projected energy needs of the United States to meet the requirements of the general welfare of the people of the United States and the commercial and industrial life of the Nation, including a comprehensive summary of data pertaining to all fuel and energy needs of residents of the United States residing in—
(A) areas outside standard metropolitan statistical areas; and
(B) areas within such areas which are unincorporated or are specified by the Bureau of the Census, Department of Commerce, as rural areas;
(2) an estimate of (A) the domestic and foreign energy supply on which the United States will be expected to rely to meet such needs in an economic manner with due regard for the protection of the environment, the conservation of natural resources, and the implementation of foreign policy objectives, and (B) the quantities of energy expected to be provided by different sources (including petroleum, natural and synthetic gases, coal, uranium, hydroelectric, solar, and other means) and the expected means of obtaining such quantities;
(3) current and foreseeable trends in the price, quality, management, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the Nation;
(4) a summary of research and development efforts funded by the Federal Government to develop new technologies, to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to increase efficiency; and further such summary shall include a description of the activities the Department is performing in support of environmental, social, economic and institutional, biomedical, physical and safety research, development, demonstration, and monitoring activities necessary to guarantee that technological programs, funded by the Department, are undertaken in a manner consistent with and capable of maintaining or improving the quality of the environment and of mitigating any undesirable environmental and safety impacts;
(5) a review and appraisal of the adequacy and appropriateness of technologies, procedures, and practices (including competitive and regulatory practices) employed by Federal/State, and local governments and nongovernmental entities to achieve the purposes of this chapter;
(6) a summary of cooperative and voluntary efforts that have been mobilized to promote conservation and recycling, together with plans for such efforts in the succeeding fiscal year, and recommendations for changes in laws and regulations needed to encourage more conservation and recycling by all segments of the Nations populace;
(7) a summary of substantive measures taken by the Department to stimulate and encourage the development of new manpower resources through the Nations colleges and universities and to involve these institutions in the execution of the Departments research and development programs; and
(8) to the extent practicable, a summary of activities in the United States by companies or persons which are foreign owned or controlled and which own or control United States energy sources and supplies, including the magnitude of annual foreign direct investment in the energy sector in the United States and exports of energy resources from the United States by foreign owned or controlled business entities or persons, and such other related matters as the Secretary may deem appropriate.
(Pub. L. 9591, title VI, § 657, Aug. 4, 1977, 91 Stat. 603; Pub. L. 10466, title I, § 1052(g), Dec. 21, 1995, 109 Stat. 718.)
## Notes
Editorial Notes
References in TextSection 5914 of this title, referred to in text, was omitted from the Code. This chapter, referred to in par. (5), was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
Amendments1995—Pub. L. 10466 inserted “section 6325(c) of this title, section 10224(c) of this title,” after “section 774 of title 15,” in introductory provisions.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which the 3rd item on page 88 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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# 42 U.S.C. § 7268 - Leasing report
## Text
The Secretary of the Interior shall submit to the Congress not later than one year after August 4, 1977, a report on the organization of the leasing operations of the Federal Government, together with any recommendations for reorganizing such functions may deem necessary or appropriate.
(Pub. L. 9591, title VI, § 658, Aug. 4, 1977, 91 Stat. 604.)
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# 42 U.S.C. § 7269 - Transfer of funds
## Text
The Secretary, when authorized in an appropriation Act, in any fiscal year, may transfer funds from one appropriation to another within the Department, except that no appropriation shall be either increased or decreased pursuant to this section by more than 5 per centum of the appropriation for such fiscal year.
(Pub. L. 9591, title VI, § 659, Aug. 4, 1977, 91 Stat. 604.)
## Notes
Statutory Notes and Related Subsidiaries
Costs of Defined Benefit Pension Plans for Contractor EmployeesPub. L. 11185, title III, § 308, Oct. 28, 2009, 123 Stat. 2872, provided that: “(a) In any fiscal year in which the Secretary of Energy determines that additional funds are needed to reimburse the costs of defined benefit pension plans for contractor employees, the Secretary may transfer not more than 1 percent from each appropriation made available in this and subsequent Energy and Water Development Appropriation Acts to any other appropriation available to the Secretary in the same Act for such reimbursements. “(b) Where the Secretary recovers the costs of defined benefit pension plans for contractor employees through charges for the indirect costs of research and activities at facilities of the Department of Energy, if the indirect costs attributable to defined benefit pension plan costs in a fiscal year are more than charges in fiscal year 2008, the Secretary shall carry out a transfer of funds under this section. “(c) In carrying out a transfer under this section, the Secretary shall use each appropriation made available to the Department in that fiscal year as a source for the transfer, and shall reduce each appropriation by an equal percentage, except that appropriations for which the Secretary determines there exists a need for additional funds for pension plan costs in that fiscal year, as well as appropriations made available for the Power Marketing Administrations, the title XVII [probably means title XVII of Pub. L. 10958 (42 U.S.C. 16511 et seq.)] loan guarantee program, and the Federal Energy Regulatory Commission, shall not be subject to this requirement. “(d) Each January, the Secretary shall report to the Committees on Appropriations of the House of Representatives and the Senate on the state of defined benefit pension plan liabilities in the Department for the preceding year. “(e) This transfer authority does not apply to supplemental appropriations, and is in addition to any other transfer authority provided in this or any other Act. The authority provided under this section shall expire on September 30, 2015. “(f) The Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate in writing not less than 30 days in advance of each transfer authorized by this section.”
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# 42 U.S.C. § 7269a - Repealed. Pub. L. 109289, div. B, title II, § 20319, as added Pub. L. 1105, § 2, Feb. 15, 2007, 121 Stat. 21.
## Notes
Section, Pub. L. 102377, title III, § 302, Oct. 2, 1992, 106 Stat. 1339, authorized transfer of funds between appropriations for Department of Energy activities.
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# 42 U.S.C. § 7269b - Transfer of unexpended appropriation balances
## Text
The unexpended balances of prior appropriations provided for activities in this Act or subsequent Energy and Water Development Appropriations Acts may on and after October 2, 1992, be transferred to appropriation accounts for such activities established pursuant to this title.11 See References in Text note below. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.
(Pub. L. 102377, title III, § 303, Oct. 2, 1992, 106 Stat. 1339.)
## Notes
Editorial Notes
References in TextThis title, referred to in text, is title III of Pub. L. 102377, Oct. 2, 1992, 106 Stat. 1332. For complete classification of title III to the Code, see Tables.
Codification Section was enacted as part of the Energy and Water Development Appropriations Act, 1993, and not as part of the Department of Energy Organization Act which comprises this chapter.
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# 42 U.S.C. § 7269c - Funding for Department of Energy activities not included in Fossil Energy account
## Text
In this Act and future Acts, up to 4 percent of program direction funds available to the National Energy Technology Laboratory may be used to support Department of Energy activities not included in this Fossil Energy account: Provided further, That in this Act and future Acts, the salaries for Federal employees performing research and development activities at the National Energy Technology Laboratory can continue to be funded from any appropriate DOE program accounts.
(Pub. L. 110161, div. C, title III, Dec. 26, 2007, 121 Stat. 1958.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is div. C of Pub. L. 110161, Dec. 26, 2007, 121 Stat. 1937, known as the Energy and Water Development and Related Agencies Appropriations Act, 2008. For complete classification of this Act to the Code, see Tables.
Codification Section appears under the headings “Department of Energy”, “Energy Programs”, and “Fossil Energy Research and Development” in title III of div. C of Pub. L. 110161. It was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2008, and also as part of the Consolidated Appropriations Act, 2008, and not as part of the Department of Energy Organization Act which comprises this chapter.
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# 42 U.S.C. § 7270 - Authorization of appropriations
## Text
Appropriations to carry out the provisions of this chapter shall be subject to annual authorization.
(Pub. L. 9591, title VI, § 660, Aug. 4, 1977, 91 Stat. 604.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 9591, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.
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# 42 U.S.C. § 7270a - Guards for Strategic Petroleum Reserve facilities
## Text
Under guidelines prescribed by the Secretary and concurred with by the Attorney General, employees of the Department of Energy and employees of contractors and subcontractors (at any tier) of the Department of Energy, while discharging their official duties of protecting the Strategic Petroleum Reserve (established under part B of title I of the Energy Policy and Conservation Act [42 U.S.C. 6231 et seq.]) or its storage or related facilities or of protecting persons upon the Strategic Petroleum Reserve or its storage or related facilities, may—
(1) carry firearms, if designated by the Secretary and qualified for the use of firearms under the guidelines; and
(2) arrest without warrant any person for an offense against the United States—
(A) in the case of a felony, if the employee has reasonable grounds to believe that the person—
(i) has committed or is committing a felony; and
(ii) is in or is fleeing from the immediate area of the felony; and
(B) in the case of a felony or misdemeanor, if the violation is committed in the presence of the employee.
(Pub. L. 9591, title VI, § 661, as added Pub. L. 100531, § 1(a), Oct. 25, 1988, 102 Stat. 2652.)
## Notes
Editorial Notes
References in TextThe Energy Policy and Conservation Act, referred to in text, is Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871. Part B of title I of the Act is classified generally to part B (§ 6231 et seq.) of subchapter I of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
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# 42 U.S.C. § 7270b - Trespass on Strategic Petroleum Reserve facilities
## Text
(a) The Secretary may issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property into or onto the Strategic Petroleum Reserve, its storage or related facilities, or real property subject to the jurisdiction, administration, or in the custody of the Secretary under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 62316247). The Secretary shall post conspicuously, on the property subject to the regulations, notification that the property is subject to the regulations.
(b) Whoever willfully violates a regulation of the Secretary issued under subsection (a) shall be guilty of a misdemeanor and punished upon conviction by a fine of not more than $5,000, imprisonment for not more than one year, or both.
(Pub. L. 9591, title VI, § 662, as added Pub. L. 100531, § 1(a), Oct. 25, 1988, 102 Stat. 2652.)
## Notes
Editorial Notes
References in TextThe Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94163, Dec. 22, 1975, 89 Stat. 871. Part B of title I of the Act is classified generally to part B (§ 6231 et seq.) of subchapter I of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables.
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# 42 U.S.C. § 7270c - Annual assessment and report on vulnerability of facilities to terrorist attack
## Text
(a) The Secretary shall, on an annual basis, conduct a comprehensive assessment of the vulnerability of Department facilities to terrorist attack.
(b) Not later than January 31 each year, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) during the preceding year. Each report shall include the results of the assessment covered by such report, together with such findings and recommendations as the Secretary considers appropriate.
(Pub. L. 9591, title VI, § 663, as added Pub. L. 107107, div. C, title XXXI, § 3154(a), Dec. 28, 2001, 115 Stat. 1377.)
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# 42 U.S.C. § 7271 - Transferred
## Notes
Editorial Notes
Codification Section, Pub. L. 95509, title II, § 208, Oct. 24, 1978, 92 Stat. 1779, which related to single annual requests by the Secretary for authorizations of appropriations for programs involving the common defense and security of the United States, was renumbered section 4731 of Pub. L. 107314 by Pub. L. 108136, div. C, title XXXI, § 3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, and was classified to section 2771 of Title 50, War and National Defense, prior to repeal by Pub. L. 112239, div. C, title XXXI, § 3131(u)(1), Jan. 2, 2013, 126 Stat. 2184.
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# 42 U.S.C. § 7271a - Repealed. Pub. L. 10585, div. C, title XXXI, § 3152(h), Nov. 18, 1997, 111 Stat. 2042
## Notes
Section, Pub. L. 101189, div. C, title XXXI, § 3143, Nov. 29, 1989, 103 Stat. 1681, related to major Department of Energy national security programs.
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# 42 U.S.C. § 7271b - Repealed. Pub. L. 10665, div. C, title XXXII, § 3294(f), Oct. 5, 1999, 113 Stat. 970
## Notes
Section, Pub. L. 104201, div. C, title XXXI, § 3155, Sept. 23, 1996, 110 Stat. 2841, related to requirement for annual five-year budget for national security programs of Department of Energy.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Mar. 1, 2000, see section 3299 of Pub. L. 10665, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
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# 42 U.S.C. § 7271c - Repealed. Pub. L. 10585, div. C, title XXXI, § 3152(b), Nov. 18, 1997, 111 Stat. 2042
## Notes
Section, Pub. L. 104201, div. C, title XXXI, § 3156, Sept. 23, 1996, 110 Stat. 2841, related to requirements for Department of Energy weapons activities budgets for fiscal years after fiscal year 1997.

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