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42 U.S.C. § 7134 — Assistant Secretaries; appointment and confirmation; identification of responsibilities

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7134 — Assistant Secretaries; appointment and confirmation; identification of responsibilities

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Source location: Title 42, Chapter 84, § 7134; chapter-084-department-of-energy.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim); and who shall perform, in accordance with applicable law, such of the functions transferred or delegated to, or vested in, the Secretary as he shall prescribe in accordance with the provisions of this chapter. The functions which the Secretary shall assign to the Assistant Secretaries include, but are not limited to, the following: (1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, including fuel supply, electric power supply, enriched uranium production, energy technology programs, and the management of energy resource leasing procedures on Federal lands. (2) Energy research and development functions, including the responsibility for policy and management of research and development for all aspects of— (A) solar energy resources; (B) geothermal energy resources; (C) recycling energy resources; (D) the fuel cycle for fossil energy resources; and (E) the fuel cycle for nuclear energy resources. (3) Environmental responsibilities and functions, including advising the Secretary with respect to the conformance of the Department’s activities to environmental protection laws and principles, and conducting a comprehensive program of research and development on the environmental effects of energy technologies and programs. (4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7112&num=0&edition=prelim). (5) Repealed. Pub. L. 106–65, 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.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7101 — Transferred

### Statutory Notes #### Codification Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were renumbered sections 4701 to 4712, respectively, of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and were formerly classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense. See sections 6271 to 6283, repsectively, of Title 10, Armed Forces. Section 7386 related to definitions for purposes of former sections 7386 to 7386k of this title. Section 7386a related to reprogramming of amounts appropriated pursuant to a Department of Energy national security authorization. Section 7386b related to minor construction projects. Section 7386c related to limits on construction projects. Section 7386d related to fund transfer authority. Section 7386e related to conceptual and construction design. Section 7386f related to authority for emergency planning, design, and construction activities. Section 7386g related to scope of authority to carry out plant projects. Section 7386h related to availability of funds. Section 7386i related to transfer of defense environmental management funds. Section 7386j related to transfer of weapons activities funds. Section 7386k related to funds available for all national security programs of the Department of Energy.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 389 — Relocation of highways, railroads, transmission lines, etc., exchange of water, water rights or electric energy

The Secretary is authorized, in connection with the construction or operation and maintenance of any project, (a) to purchase or condemn suitable lands or interests in lands for relocation of highways, roadways, railroads, telegraph, telephone, or electric transmission lines, or any other properties whatsoever, the relocation of which in the judgment of the Secretary is necessitated by said construction or operation and maintenance, and to perform any or all work involved in said relocations on said lands or interests in lands, other lands or interests in lands owned and held by the United States in connection with the construction or operation and maintenance of said project, or properties not owned by the United States; (b) to enter into contracts with the owners of said properties whereby they undertake to acquire any or all property needed for said relocation, or to perform any or all work involved in said relocations; and (c) for the purpose of effecting completely said relocations, to convey or exchange Government properties acquired or improved under (a) above, with or without improvements, or other properties owned and held by the United States in connection with the construction or operation and maintenance of said project, or to grant perpetual easements therein or thereover. Grants or conveyances hereunder shall be by instruments executed by the Secretary without regard to provisions of law governing the patenting of public lands.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 2401 — Establishment and mission

**(a) Establishment** There is established within the Department of Energy a separately organized agency to be known as the National Nuclear Security Administration (in this chapter referred to as the “Administration”). **(b) Mission** The mission of the Administration shall be the following: (1) To enhance United States national security through the military application of nuclear energy. (2) To support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, security, and safety of the United States nuclear weapons stockpile, including the ability to design, produce, and test nuclear weapons as necessary in order to meet national security requirements. (3) To provide the United States Navy with safe, militarily effective nuclear propulsion plants and to ensure the safe and reliable operation of those plants. (4) To promote international nuclear safety and nonproliferation. (5) To reduce global danger from weapons of mass destruction. (6) To support United States leadership in science and technology. **(c) Operations and activities to be carried out consistently with certain principles** In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of— (1) fulfilling, to the maximum extent possible, the requirements for nuclear weapons of the Department of Defense; (2) protecting the environment; (3) safeguarding the safety and health of the public and of the workforce of the Administration; and (4) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7112 — Congressional findings

The Congress of the United States finds that— (1) the United States faces an increasing shortage of nonrenewable energy resources; (2) this energy shortage and our increasing dependence on foreign energy supplies present a serious threat to the national security of the United States and to the health, safety and welfare of its citizens; (3) a strong national energy program is needed to meet the present and future energy needs of the Nation consistent with overall national economic, environmental and social goals; (4) responsibility for energy policy, regulation, and research, development and demonstration is fragmented in many departments and agencies and thus does not allow for the comprehensive, centralized focus necessary for effective coordination of energy supply and conservation programs; and (5) formulation and implementation of a national energy program require the integration of major Federal energy functions into a single department in the executive branch.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7134 — Federal Energy Regulatory Commission;

Page 7052 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7134 (10) Power marketing functions, including responsibility for marketing and transmission of Federal power. (11) Public and congressional relations func- tions, 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 de- scribed in subsection (a) (or any portion thereof) for which such individual will be responsible. (Pub. L. 95–91, title II, § 203, Aug. 4, 1977, 91 Stat. 570; Pub. L. 106–65, div. C, title XXXII, § 3294(a)(2), (b), Oct. 5, 1999, 113 Stat. 970; Pub. L. 109–58, title X, § 1006(b)(1), Aug. 8, 2005, 119 Stat. 931; Pub. L. 111–11, title XIII, § 13004(a), Mar. 30, 2009, 123 Stat. 1449.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization 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. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–11 substituted ‘‘8 Assist- ant Secretaries’’ for ‘‘7 Assistant Secretaries’’ in intro- ductory provisions. 2005—Subsec. (a). Pub. L. 109–58 substituted ‘‘7’’ for ‘‘six’’ in introductory provisions. 1999—Subsec. (a). Pub. L. 106–65, § 3294(a)(2), sub- stituted ‘‘six’’ for ‘‘eight’’ in introductory provisions. Subsec. (a)(5). Pub. L. 106–65, § 3294(b), struck out par. (5) which read as follows: ‘‘Natio

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