42 U.S.C. § 7253 — Reorganization

Page 7086 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7252 1 See References in Text note below. 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 de- scribed in such subsection. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this subsection, the term ‘appropriate con- gressional committees’ means— ‘‘(A) the congressional defense committees [Com- mittees on Armed Services and Appropriations of the Senate and the House of Representatives]; and ‘‘(B) the Committee on Energy and Natural Re- sources of the Senate and the Committee on Energy and Commerce of the House of Representatives.’’ DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD Pub. L. 105–85, div. C, title XXXI, § 3161, Nov. 18, 1997, 111 Stat. 2048, required the Secretary of Energy to es- tablish the Department of Energy Security Manage- ment 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 re- peal by Pub. L. 106–65, div. C, title XXXI, § 3142(h)(1), Oct. 5, 1999, 113 Stat. 933. § 7252. Delegation Except as otherwise expressly prohibited by law, and except as otherwise provided in this chapter, the Secretary may delegate any of his functions to such officers and employees of the Department as he may designate, and may au- thorize such successive redelegations of such functions within the Department as he may deem to be necessary or appropriate. (Pub. L. 95–91, title VI, § 642, Aug. 4, 1977, 91 Stat. 599.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, 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 FUNCTIONS Pub. L. 104–206, 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 sec- tion 3140 of H.R. 3230 as reported by the Committee of Conference on July 30, 1996 [Pub. L. 104–201, set out below]. The Secretary of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of En- ergy 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 Depart- ment’s national security operations and area offices and make recommendations as to where those func- tions should be performed.’’ Pub. L. 104–201, 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. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(d)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1757, and is classified to section 2512 of Title 50, War and National Defense. § 7253. Reorganization (a) Subject to subsection (b), the Secretary is authorized to establish, alter, consolidate or dis- continue such organizational units or compo- nents within the Department as he may deem to be necessary or appropriate. Such authority shall not extend to the abolition of organiza- tional units or components established by this chapter, or to the transfer of functions vested by this chapter in any organizational unit or com- ponent. (b) The authority of the Secretary to estab- lish, abolish, alter, consolidate, or discontinue any organizational unit or component of the Na- tional Nuclear Security Administration is gov- erned by the provisions of section 2409 of title 50. (c) The authority of the Secretary under sub- section (a) does not apply to the National Nu- clear Security Administration. The cor- responding authority that applies to the Admin- istration is set forth in section 2402(e) 1 of title 50. (Pub. L. 95–91, title VI, § 643, Aug. 4, 1977, 91 Stat. 599; Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)], Oct. 27, 2000, 114 Stat. 1441, 1441A–81; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3159(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–470; Pub. L. 112–239, div. C, title XXXI, § 3132(e), Jan. 2, 2013, 126 Stat. 2187.) 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. 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. 106–398, § 1 [div. C, title XXXI, § 3159(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–469 and re- designated section 2402(f) of title 50 by Pub. L. 107–107, div. A, title X, § 1048(i)(12), Dec. 28, 2001, 115 Stat. 1230. AMENDMENTS 2013—Subsecs. (b), (c). Pub. L. 112–239 redesignated subsec. (b) relating to nonapplicability of authority of Secretary to National Nuclear Security Administration as (c). 2000—Subsec. (a). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3159(b)(1)], which directed amendment of sec- tion by substituting ‘‘(a) Except as provided in sub- section (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. 106–377, § 1(a)(2) [title III, § 314(b)(1)]. See below. Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)(1)], des- ignated existing provisions as subsec. (a) and sub- stituted ‘‘Subject to subsection (b), the Secretary’’ for ‘‘The Secretary’’. Subsec. (b). Pub. L. 106–398, § 1 [div. C, title XXXI, § 3159(b)(2)], added subsec. (b) relating to nonapplica- bility of authority of Secretary under subsec. (a) of this section to National Nuclear Security Administration. Page 7087 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7256 Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)(2)], added subsec. (b) relating to authority of Secretary as to Na- tional Nuclear Security Administration. § 7254. Rules and regulations The Secretary is authorized to prescribe such procedural and administrative rules and regula- tions as he may deem necessary or appropriate to administer and manage the functions now or hereafter vested in him. (Pub. L. 95–91, title VI, § 644, Aug. 4, 1977, 91 Stat. 599.) § 7255. Subpoena For the purpose of carrying out the provisions of this chapter, the Secretary, or his duly au- thorized agent or agents, shall have the same powers and authorities as the Federal Trade Commission under section 49 of title 15 with re- spect to all functions vested in, or transferred or delegated to, the Secretary or such agents by this chapter. For purposes of carrying out its re- sponsibilities 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. 95–91, title VI, § 645, Aug. 4, 1977, 91 Stat. 599; Pub. L. 95–621, title V, § 508(a), Nov. 9, 1978, 92 Stat. 3408.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, 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. 95–621, Nov. 9, 1978, 92 Stat. 3350, which is classified generally to chapter 60 (§ 3301 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables. AMENDMENTS 1978—Pub. L. 95–621 inserted provision giving the Commission the same powers and authority as the Sec- retary under this section for purposes of carrying out its responsibilities under the Natural Gas Policy Act of 1978. § 7256. Contracts, leases, etc., with public agen- cies and private organizations and persons (a) General authority The Secretary is authorized to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary. (b) Limitation on authority; appropriations Notwithstanding any other provision of this subchapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance in ap- propriation Acts. (c) Leasing of excess Department of Energy prop- erty The Secretary may lease, upon terms and con- ditions 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, ex- cept 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 pro- tection and maintenance of the leased property may constitute all or part of such consideration. (e) Environmental concerns (1) Before entering into a lease under sub- section (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 ap- propriate State official (with respect to property located on a site that is not listed on the Na- tional 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 con- sistent with safety and the protection of public health and the environment. (2) Before entering into a lease under sub- section (c), the Secretary shall obtain the con- currence of the Administrator of the Environ- mental Protection Agency or the appropriate State official, as the case may be, in the deter- mination required under paragraph (1). The Sec- retary may enter into a lease under subsection (c) without obtaining such concurrence if, with- in 60 days after the Secretary requests the con- currence, the Administrator or appropriate State official, as the case may be, fails to sub- mit to the Secretary a notice of such individ- ual’s concurrence with, or rejection of, the de- termination. (f) Retention and use of rentals; report To the extent provided in advance in appro- priations Acts, the Secretary may retain and use money rentals received by the Secretary di- rectly from a lease entered into under sub- section (c) in any amount the Secretary con- siders necessary to cover the administrative ex- penses of the lease, the maintenance and repair of the leased property, or environmental res-