42 U.S.C. § 7159 — Transfer to Department of Transportation

Page 7070 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7159 ‘‘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 Divi- sion 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 AMENDMENT Amendment by Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and Na- tional Defense. TRANSFER OF FUNCTIONS Pub. L. 98–525, 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. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L 108–136, div. C, title XXXI, § 3141(d)(2), Nov. 24, 2003, 117 Stat. 1757, and is set out as a note under section 2511 of Title 50, War and National Defense. Executive Documents TRANSFER OF FUNCTIONS All national security functions and activities per- formed immediately before Oct. 5, 1999, by the Office of Naval Reactors transferred to the Administrator for Nuclear Security of the National Nuclear Security Ad- ministration of the Department of Energy, and the Deputy Administrator for Naval Reactors of the Ad- ministration to be assigned the responsibilities, au- thorities, and accountability for all functions of the Of- fice of Naval Reactors under Executive Order No. 12344, set out as a note under section 2511 of Title 50, War and National Defense, see sections 2406 and 2481 of Title 50. § 7159. Transfer to Department of Transportation Notwithstanding section 7151(a) of this title, there are transferred to, and vested in, the Sec- retary of Transportation all of the functions vested in the Administrator of the Federal En- ergy Administration by section 6361(b)(1)(B) of this title. (Pub. L. 95–91, title III, § 310, Aug. 4, 1977, 91 Stat. 582.) SUBCHAPTER IV—FEDERAL ENERGY REGULATORY COMMISSION § 7171. Appointment and administration (a) Federal Energy Regulatory Commission; es- tablishment 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 inter- est; 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 Presi- dent 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 ap- pointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the re- mainder of such term. A Commissioner may con- tinue 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 Commis- sion. (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 suc- ceed members whose terms expire in 1991, one such member’s term shall expire on June 30, 1994, and one such member’s term shall expire on June 30, 1995, as designated by the Presi- dent at the time of appointment. (B) In the case of members appointed to suc- ceed members whose terms expire in 1992, one such member’s term shall expire on June 30, 1996, and one such member’s term shall expire on June 30, 1997, as designated by the Presi- dent at the time of appointment. (C) In the case of the member appointed to succeed the member whose term expires in 1993, such member’s term shall expire on June 30, 1998. (c) Duties and responsibilities of Chairman The Chairman shall be responsible on behalf of the Commission for the executive and adminis- trative operation of the Commission, including functions of the Commission with respect to (1) the appointment and employment of hearing ex- aminers 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 direc- tor, (3) the supervision of personnel employed by or assigned to the Commission, except that each member of the Commission may select and su- pervise 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, em- ployees, 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 sub- ject to the supervision or direction of any offi- cer, employee, or agent of any other part of the Department.