42 U.S.C. § 7158 — Naval reactor and military application

Page 7069 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7158 section 304 of the Energy Conservation Stand- ards for New Buildings Act of 1976 [42 U.S.C. 6833], to develop and promulgate energy con- servation standards for new buildings. The Sec- retary of Housing and Urban Development shall provide the Secretary with any necessary tech- nical assistance in the development of such standards. All other responsibilities, pursuant to title III of the Energy Conservation and Produc- tion Act [42 U.S.C. 6831 et seq.], shall remain with the Secretary of Housing and Urban Devel- opment, except that the Secretary shall be kept fully and currently informed of the implementa- tion of the promulgated standards. (b) There is hereby transferred to, and vested in, the Secretary the functions vested in the Secretary of Housing and Urban Development pursuant to section 1701z–8 of title 12. (Pub. L. 95–91, title III, § 304, Aug. 4, 1977, 91 Stat. 580.) Editorial Notes REFERENCES IN TEXT The Energy Conservation and Production Act, re- ferred to in subsec. (a), is Pub. L. 94–385, Aug. 14, 1976, 90 Stat. 1125. Title III of the Energy Conservation and Production Act, known as the Energy Conservation Standards for New Buildings Act of 1976, is classified generally to subchapter II (§ 6831 et seq.) of chapter 81 of this title. For complete classification of the Energy Conservation and Production Act and the Energy Standards for New Buildings Act of 1976 to the Code, see Short Title note set out under section 6801 of this title and Tables. § 7155. Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379 Section, Pub. L. 95–91, title III, § 306, Aug. 4, 1977, 91 Stat. 581, transferred to Secretary the functions set forth in Interstate Commerce Act and vested by law in Interstate Commerce Commission or Chairman and members thereof as related to transportation of oil by pipeline. See section 60501 of Title 49, Transportation. § 7156. Transfers from Department of the Navy There are transferred to and vested in the Sec- retary all functions vested by chapter 869 of title 10, in the Secretary of the Navy as they re- late to the administration of and jurisdiction over— (1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the Presi- dent, dated September 2, 1912; (2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, Cali- fornia, established by Executive order of the President, dated December 13, 1912; (3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, estab- lished by Executive order of the President, dated April 30, 1915; (4) Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; (5) Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and (6) Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924. In the administration of any of the functions transferred to, and vested in, the Secretary by this section the Secretary shall take into con- sideration the requirements of national secu- rity. (Pub. L. 95–91, title III, § 307, Aug. 4, 1977, 91 Stat. 581; Pub. L. 115–232, div. A, title VIII, § 809(n)(3)(A), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 substituted ‘‘chapter 869 of title 10’’ for ‘‘chapter 641 of title 10’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 7156a. Repealed. Pub. L. 105–85, div. C, title XXXIV, § 3403, Nov. 18, 1997, 111 Stat. 2059 Section, Pub. L. 96–137, § 2, Dec. 12, 1979, 93 Stat. 1061, related to assignment of naval officers to key manage- ment positions within Office of Naval Petroleum and Oil Shale Reserves in Department of Energy and to po- sition of Director. § 7157. Transfers from Department of Commerce There are transferred to, and vested in, the Secretary all functions of the Secretary of Com- merce, the Department of Commerce, and offi- cers and components of that Department, as re- late to or are utilized by the Office of Energy Programs, but limited to industrial energy con- servation programs. (Pub. L. 95–91, title III, § 308, Aug. 4, 1977, 91 Stat. 581.) § 7158. Naval reactor and military application programs The Division of Naval Reactors established pursuant to section 2035 of this title, and respon- sible for research, design, development, health, and safety matters pertaining to naval nuclear propulsion plants and assigned civilian power re- actor programs is transferred to the Department under the Under Secretary for Nuclear Security, and such organizational unit shall be deemed to be an organizational unit established by this chapter. (Pub. L. 95–91, title III, § 309, Aug. 4, 1977, 91 Stat. 581; Pub. L. 106–65, div. C, title XXXII, § 3294(c), Oct. 5, 1999, 113 Stat. 970.) 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. AMENDMENTS 1999—Pub. L. 106–65 struck out subsec. (a) designation before ‘‘The Division of Naval Reactors’’, substituted 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.