42 U.S.C. § 7267 — Annual report

Page 7096 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7266 1 See References in Text note below. the Secretary shall, if such recommendations are not adopted in the implementation of the program, notify the Board in writing of his rea- sons for not adopting such recommendations. (Pub. L. 95–91, title VI, § 655, Aug. 4, 1977, 91 Stat. 602.) Editorial Notes REFERENCES IN TEXT The Public Works and Economic Development Act, referred to in subsec. (b), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552. Title V of the Public Works and Economic Development Act was classified generally to sub- chapter V (§ 3181 et seq.) of chapter 38 of this title prior to repeal by Pub. L. 97–35, 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 sec- tion 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 7266. Designation of conservation officers 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 As- sistant Administrator, as the case may be, as the principal conservation officer of such De- partment or of the Administration. Such des- ignated principal conservation officer shall be principally responsible for planning and imple- mentation of energy conservation programs by such Department or Administration and prin- cipally responsible for coordination with the De- partment of Energy with respect to energy mat- ters. Each agency, Department or Administra- tion required to designate a principal conserva- tion officer pursuant to this section shall peri- odically inform the Secretary of the identity of such conservation officer, and the Secretary shall periodically publish a list identifying such officers. (Pub. L. 95–91, title VI, § 656, Aug. 4, 1977, 91 Stat. 602.) § 7267. Annual report The Secretary shall, as soon as practicable after the end of each fiscal year, commencing with the first complete fiscal year following Oc- tober 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 Secretary’s 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 manage- ment of the Department and progress made in coordination of its functions with other depart- ments and agencies of the Federal Government. In addition, such report shall include the infor- mation required by section 774 of title 15, sec- tion 6325(c) of this title, section 10224(c) of this title, section 5877 of this title, and section 5914 1 of this title, and shall include: (1) projected energy needs of the United States to meet the requirements of the gen- eral 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 un- incorporated or are specified by the Bureau of the Census, Department of Commerce, as rural areas; (2) an estimate of (A) the domestic and for- eign 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 conserva- tion of natural resources, and the implementa- tion of foreign policy objectives, and (B) the quantities of energy expected to be provided by different sources (including petroleum, nat- ural and synthetic gases, coal, uranium, hy- droelectric, 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 envi- ronmental, social, economic and institutional, biomedical, physical and safety research, de- velopment, demonstration, and monitoring ac- tivities necessary to guarantee that techno- logical 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 im- pacts; (5) a review and appraisal of the adequacy and appropriateness of technologies, proce- dures, and practices (including competitive and regulatory practices) employed by Fed- eral/State, and local governments and non- governmental 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 Page 7097 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7269b 1 See References in Text note below. year, and recommendations for changes in laws and regulations needed to encourage more conservation and recycling by all seg- ments of the Nation’s populace; (7) a summary of substantive measures taken by the Department to stimulate and en- courage the development of new manpower re- sources through the Nation’s colleges and uni- versities and to involve these institutions in the execution of the Department’s 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 con- trolled and which own or control United States energy sources and supplies, including the magnitude of annual foreign direct invest- ment 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 re- lated matters as the Secretary may deem ap- propriate. (Pub. L. 95–91, title VI, § 657, Aug. 4, 1977, 91 Stat. 603; Pub. L. 104–66, title I, § 1052(g), Dec. 21, 1995, 109 Stat. 718.) Editorial Notes REFERENCES IN TEXT Section 5914 of this title, referred to in text, was omitted from the Code. This chapter, referred to in par. (5), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organi- zation Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. AMENDMENTS 1995—Pub. L. 104–66 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 REQUIREMENTS For 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. 103–7 (in which the 3rd item on page 88 identifies a reporting provision which, as subse- quently amended, is contained in this section), see sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 7268. Leasing report The Secretary of the Interior shall submit to the Congress not later than one year after Au- gust 4, 1977, a report on the organization of the leasing operations of the Federal Government, together with any recommendations for reorga- nizing such functions may deem necessary or ap- propriate. (Pub. L. 95–91, title VI, § 658, Aug. 4, 1977, 91 Stat. 604.) § 7269. Transfer of funds The Secretary, when authorized in an appro- priation 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. 95–91, title VI, § 659, Aug. 4, 1977, 91 Stat. 604.) Statutory Notes and Related Subsidiaries COSTS OF DEFINED BENEFIT PENSION PLANS FOR CONTRACTOR EMPLOYEES Pub. L. 111–85, title III, § 308, Oct. 28, 2009, 123 Stat. 2872, provided that: ‘‘(a) In any fiscal year in which the Secretary of En- ergy determines that additional funds are needed to re- imburse 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 De- velopment Appropriation Acts to any other appropria- tion available to the Secretary in the same Act for such reimbursements. ‘‘(b) Where the Secretary recovers the costs of de- fined 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 pen- sion 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 addi- tional 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. 109–58 (42 U.S.C. 16511 et seq.)] loan guarantee program, and the Federal Energy Regulatory Commission, shall not be subject to this re- quirement. ‘‘(d) Each January, the Secretary shall report to the Committees on Appropriations of the House of Rep- resentatives and the Senate on the state of defined ben- efit pension plan liabilities in the Department for the preceding year. ‘‘(e) This transfer authority does not apply to supple- mental 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.’’ § 7269a. Repealed. Pub. L. 109–289, div. B, title II, § 20319, as added Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 21. Section, Pub. L. 102–377, title III, § 302, Oct. 2, 1992, 106 Stat. 1339, authorized transfer of funds between appro- priations for Department of Energy activities. § 7269b. Transfer of unexpended appropriation balances The unexpended balances of prior appropria- tions provided for activities in this Act or subse- quent Energy and Water Development Appro- priations Acts may on and after October 2, 1992, be transferred to appropriation accounts for such activities established pursuant to this title.1 Balances so transferred may be merged