42 U.S.C. § 7112 — Congressional declaration of purpose

Page 7048 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7112 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 need- ed 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, regula- tion, and research, development and dem- onstration 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 na- tional energy program require the integration of major Federal energy functions into a sin- gle department in the executive branch. (Pub. L. 95–91, title I, § 101, Aug. 4, 1977, 91 Stat. 567.) § 7112. Congressional declaration of purpose The Congress therefore declares that the es- tablishment 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 pro- grams. It is the purpose of this chapter: (1) To establish a Department of Energy in the executive branch. (2) To achieve, through the Department, ef- fective 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 es- tablish and observe policies consistent with a coordinated energy policy, and to promote maximum possible energy conservation meas- ures 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 en- ergy production and import shortages. (4) To create and implement a comprehen- sive energy conservation strategy that will re- ceive the highest priority in the national en- ergy program. (5) To carry out the planning, coordination, support, and management of a balanced and comprehensive energy research and develop- ment 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 dissemi- nating information on the commercial feasi- bility and use of energy from fossil, nuclear, solar, geothermal, and other energy tech- nologies. (6) To place major emphasis on the develop- ment and commercial use of solar, geo- thermal, recycling and other technologies uti- lizing renewable energy resources. (7) To continue and improve the effective- ness and objectivity of a central energy data collection and analysis program within the Department. (8) To facilitate establishment of an effec- tive 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 reli- able supply of energy at the lowest reasonable cost. (10) To establish and implement through the Department, in coordination with the Secre- taries of State, Treasury, and Defense, policies regarding international energy issues that have a direct impact on research, develop- ment, utilization, supply, and conservation of energy in the United States and to undertake activities involving the integration of domes- tic and foreign policy relating to energy, in- cluding provision of independent technical ad- vice to the President on international negotia- tions involving energy resources, energy tech- nologies, 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 Fed- eral, State, and local governments in the de- velopment and implementation of national en- ergy 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 en- vironmental protection goals in the formula- tion and implementation of energy programs, and to advance the goals of restoring, pro- tecting, and enhancing environmental quality, and assuring public health and safety. (14) To assure, to the maximum extent prac- ticable, that the productive capacity of pri- vate enterprise shall be utilized in the devel- opment 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 responsi- bility for, the fuel and energy needs of rural and urban residents as such needs pertain to home heating and cooling, transportation, ag- ricultural production, electrical generation, conservation, and research and development. (17) To foster insofar as possible the contin- ued good health of the Nation’s small business firms, public utility districts, municipal utili- ties, and private cooperatives involved in en- ergy production, transportation, research, de- velopment, demonstration, marketing, and merchandising. (18) To provide for the administration of the functions of the Energy Research and Develop- ment Administration related to nuclear weap- ons and national security which are trans- ferred to the Department by this chapter. Page 7049 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7131 (19) To ensure that the Department can con- tinue current support of mathematics, science, and engineering education programs by using the personnel, facilities, equipment, and re- sources of its laboratories and by working with State and local education agencies, insti- tutions of higher education, and business and industry. The Department’s involvement in mathematics, science, and engineering edu- cation should be consistent with its main mis- sion and should be coordinated with all Fed- eral efforts in mathematics, science, and engi- neering education, especially with the Depart- ment of Education and the National Science Foundation (which have the primary Federal responsibility for mathematics, science, and engineering education). (Pub. L. 95–91, title I, § 102, Aug. 4, 1977, 91 Stat. 567; Pub. L. 101–510, div. C, title XXXI, § 3163, Nov. 5, 1990, 104 Stat. 1841.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions and pars. (14) and (18), 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. AMENDMENTS 1990—Pub. L. 101–510 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). § 7113. Relationship with States Whenever any proposed action by the Depart- ment conflicts with the energy plan of any State, the Department shall give due consider- ation to the needs of such State, and where prac- ticable, 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. 95–91, title I, § 103, Aug. 4, 1977, 91 Stat. 569.) 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. SUBCHAPTER II—ESTABLISHMENT OF DEPARTMENT § 7131. Establishment There is established at the seat of government an executive department to be known as the De- partment of Energy. There shall be at the head of the Department a Secretary of Energy (here- inafter in this chapter referred to as the ‘‘Sec- retary’’), who shall be appointed by the Presi- dent by and with the advice and consent of the Senate. The Department shall be administered, in accordance with the provisions of this chap- ter, under the supervision and direction of the Secretary. (Pub. L. 95–91, title II, § 201, Aug. 4, 1977, 91 Stat. 569.) 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 TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Department of Energy, including the functions of the Secretary of Energy relating thereto, to the Secretary of Homeland Security, and for treat- ment 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 DISRUPTIONS Pub. L. 114–94, div. F, § 61001, Dec. 4, 2015, 129 Stat. 1771, provided that: ‘‘(a) FINDING.—Congress finds that recent natural dis- asters have underscored the importance of having resil- ient 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 proce- dures to— ‘‘(1) improve communication and coordination be- tween the Department of Energy’s energy response team, Federal partners, and industry; ‘‘(2) leverage the Energy Information Administra- tion’s subject matter expertise within the Depart- ment’s energy response team to improve supply chain situation assessments; ‘‘(3) establish company liaisons and direct commu- nication with the Department’s energy response team to improve situation assessments; ‘‘(4) streamline and enhance processes for obtaining temporary regulatory relief to speed up emergency response and recovery; ‘‘(5) facilitate and increase engagement among States, the oil and natural gas industry, and the De- partment in developing State and local energy assur- ance plans; ‘‘(6) establish routine education and training pro- grams for key government emergency response posi- tions with the Department and States; and ‘‘(7) involve States and the oil and natural gas in- dustry 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.’’