42 U.S.C. § 7131 — Establishment

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.’’ Page 7050 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7132 § 7132. Principal officers (a) Deputy Secretary There shall be in the Department a Deputy Secretary, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Sched- ule under section 5313 of title 5. The Deputy Sec- retary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Sec- retary becomes vacant. The Secretary shall des- ignate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Sec- retary or in the event of vacancies in both of those offices. (b) Under Secretary for Science (1) There shall be in the Department an Under Secretary for Science, who shall be appointed by the President, by and with the advice and con- sent of the Senate. (2) The Under Secretary shall be compensated at the rate provided for level III of the Execu- tive Schedule under section 5314 of title 5. (3) The Under Secretary for Science shall be appointed from among persons who— (A) have extensive background in scientific or engineering fields; and (B) are well qualified to manage the civilian research and development programs of the De- partment. (4) The Under Secretary for Science shall— (A) serve as the Science and Technology Ad- visor to the Secretary; (B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (C) advise the Secretary with respect to the well-being and management of the multipur- pose laboratories under the jurisdiction of the Department; (D) advise the Secretary with respect to edu- cation and training activities required for ef- fective short- and long-term basic and applied research activities of the Department; (E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the De- partment; (F) advise the Secretary with respect to long-term planning, coordination, and devel- opment of a strategic framework for Depart- ment research and development activities; and (G) carry out such additional duties assigned to the Under Secretary by the Secretary relat- ing to basic and applied research, including su- pervision or support of research activities car- ried out by any of the Assistant Secretaries designated by section 7133 of this title, as the Secretary considers advantageous. (c) Under Secretary for Nuclear Security (1) There shall be in the Department an Under Secretary for Nuclear Security, who shall be ap- pointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5. (2) The Under Secretary for Nuclear Security shall be appointed from among persons who— (A) have extensive background in national security, organizational management, and ap- propriate technical fields; and (B) are well qualified to manage the nuclear weapons, nonproliferation, and materials dis- position programs of the National Nuclear Se- curity Administration in a manner that ad- vances and protects the national security of the United States. (3) The Under Secretary for Nuclear Security shall serve as the Administrator for Nuclear Se- curity under section 2402 of title 50. In carrying out the functions of the Administrator, the Under Secretary shall be subject to the author- ity, direction, and control of the Secretary. Such authority, direction, and control may be delegated only to the Deputy Secretary of En- ergy, without redelegation. (d) Under Secretary (1) There shall be in the Department an Under Secretary, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe, con- sistent with this section. (2) The Under Secretary shall be compensated at the rate provided for level III of the Execu- tive Schedule under section 5314 of title 5. (e) General Counsel (1) There shall be in the Department a General Counsel, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. (2) The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. (Pub. L. 95–91, title II, § 202, Aug. 4, 1977, 91 Stat. 569; Pub. L. 106–65, div. C, title XXXII, § 3202, Oct. 5, 1999, 113 Stat. 954; Pub. L. 109–58, title X, § 1006(a), (c)(1), Aug. 8, 2005, 119 Stat. 930, 931.) Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58, § 1006(a), added sub- sec. (b) and struck out former subsec. (b) which read as follows: ‘‘There shall be in the Department an Under Secretary and a General Counsel, who shall be ap- pointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. The Under Secretary shall bear primary responsibility for energy conservation. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, and the General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.’’ Subsecs. (d), (e). Pub. L. 109–58, § 1006(c)(1), added sub- secs. (d) and (e). 1999—Subsec. (c). Pub. L. 106–65 added subsec. (c).