42 U.S.C. § 7133 — Assistant Secretaries; appointment and

Page 7051 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7133 Statutory Notes and Related Subsidiaries TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY Pub. L. 106–398, § 1 [div. C, title XXXI, § 3151], Oct. 30, 2000, 114 Stat. 1654, 1654A–464, provided that: ‘‘(a) LENGTH OF TERM.—The term of office as Under Secretary for Nuclear Security of the Department of Energy of the person first appointed to that position shall be three years. ‘‘(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu- sive reasons for removal from office as Under Secretary for Nuclear Security of the person described in sub- section (a) shall be inefficiency, neglect of duty, or malfeasance in office. ‘‘(c) POSITION DESCRIBED.—The position of Under Sec- retary for Nuclear Security of the Department of En- ergy referred to in this section is the position estab- lished by subsection (c) of section 202 of the Depart- ment of Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 113 Stat. 954).’’ Substantially identical provisions were contained in Pub. L. 106–377, § 1(a)(2) [title III, § 313], Oct. 27, 2000, 114 Stat. 1441, 1441A–81. § 7133. Assistant Secretaries; appointment and confirmation; identification of responsibil- ities (a) There shall be in the Department 8 Assist- ant Secretaries, each of whom shall be ap- pointed by the President, by and with the advice and consent of the Senate; who shall be com- pensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5; and who shall perform, in accordance with applicable law, such of the functions trans- ferred or delegated to, or vested in, the Sec- retary as he shall prescribe in accordance with the provisions of this chapter. The functions which the Secretary shall assign to the Assist- ant Secretaries include, but are not limited to, the following: (1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, in- cluding fuel supply, electric power supply, en- riched uranium production, energy technology programs, and the management of energy re- source leasing procedures on Federal lands. (2) Energy research and development func- tions, including the responsibility for policy and management of research and development for all aspects of— (A) solar energy resources; (B) geothermal energy resources; (C) recycling energy resources; (D) the fuel cycle for fossil energy re- sources; and (E) the fuel cycle for nuclear energy re- sources. (3) Environmental responsibilities and func- tions, including advising the Secretary with respect to the conformance of the Depart- ment’s activities to environmental protection laws and principles, and conducting a com- prehensive program of research and develop- ment on the environmental effects of energy technologies and programs. (4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in section 7112 of this title. (5) Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(b), Oct. 5, 1999, 113 Stat. 970. (6) Intergovernmental policies and relations, including responsibilities for assuring that na- tional energy policies are reflective of and re- sponsible to the needs of State and local gov- ernments, and for assuring that other compo- nents of the Department coordinate their ac- tivities with State and local governments, where appropriate, and develop intergovern- mental communications with State and local governments. (7) Competition and consumer affairs, in- cluding responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the en- ergy policymaking processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. (8) Nuclear waste management responsibil- ities, including— (A) the establishment of control over ex- isting Government facilities for the treat- ment and storage of nuclear wastes, includ- ing all containers, casks, buildings, vehicles, equipment, and all other materials associ- ated with such facilities; (B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commer- cial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or ef- fect title to such waste; (C) the establishment of temporary and permanent facilities for storage, manage- ment, and ultimate disposal of nuclear wastes; (D) the establishment of facilities for the treatment of nuclear wastes; (E) the establishment of programs for the treatment, management, storage, and dis- posal of nuclear wastes; (F) the establishment of fees or user charges for nuclear waste treatment or stor- age facilities, including fees to be charged Government agencies; and (G) the promulgation of such rules and reg- ulations to implement the authority de- scribed in this paragraph, except that nothing in this section shall be construed as granting to the Department regu- latory functions presently within the Nuclear Regulatory Commission, or any additional functions than those already conferred by law. (9) Energy conservation functions, including the development of comprehensive energy con- servation strategies for the Nation, the plan- ning and implementation of major research and demonstration programs for the develop- ment of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conserva- tion programs, and the dissemination to the public of all available information on energy conservation programs and measures. Page 7052 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7134 (10) Power marketing functions, including responsibility for marketing and transmission of Federal power. (11) Public and congressional relations func- tions, including responsibilities for providing a continuing liaison between the Department and the Congress and the Department and the public. (b) At the time the name of any individual is submitted for confirmation to the position of Assistant Secretary, the President shall identify with particularity the function or functions de- scribed in subsection (a) (or any portion thereof) for which such individual will be responsible. (Pub. L. 95–91, title II, § 203, Aug. 4, 1977, 91 Stat. 570; Pub. L. 106–65, div. C, title XXXII, § 3294(a)(2), (b), Oct. 5, 1999, 113 Stat. 970; Pub. L. 109–58, title X, § 1006(b)(1), Aug. 8, 2005, 119 Stat. 931; Pub. L. 111–11, title XIII, § 13004(a), Mar. 30, 2009, 123 Stat. 1449.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization 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 2009—Subsec. (a). Pub. L. 111–11 substituted ‘‘8 Assist- ant Secretaries’’ for ‘‘7 Assistant Secretaries’’ in intro- ductory provisions. 2005—Subsec. (a). Pub. L. 109–58 substituted ‘‘7’’ for ‘‘six’’ in introductory provisions. 1999—Subsec. (a). Pub. L. 106–65, § 3294(a)(2), sub- stituted ‘‘six’’ for ‘‘eight’’ in introductory provisions. Subsec. (a)(5). Pub. L. 106–65, § 3294(b), struck out par. (5) which read as follows: ‘‘National security functions, including those transferred to the Department from the Energy Research and Development Administration which relate to management and implementation of the nuclear weapons program and other national secu- rity functions involving nuclear weapons research and development.’’ 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. FEDERAL POWER MARKETING ADMINISTRATION EMPLOYMENT LEVELS Pub. L. 101–514, title V, § 510, Nov. 5, 1990, 104 Stat. 2098, provided that no funds appropriated or made available were to be used by the executive branch to change employment levels determined by Administra- tors of the Federal Power Marketing Administrations to be necessary to carry out their responsibilities under this chapter and related laws, or to change employment levels of other Department of Energy programs to com- pensate for employment levels of the Federal Power Marketing Administrations, prior to repeal by Pub. L. 104–46, title V, § 501, Nov. 13, 1995, 109 Stat. 419. MARKETING AND EXCHANGE OF SURPLUS ELECTRICITY FROM NAVAJO GENERATING STATION Pub. L. 98–381, title I, § 107, Aug. 17, 1984, 98 Stat. 1339, provided that: ‘‘(a) Subject to the provisions of any existing layoff contracts, electrical capacity and energy associated with the United States’ interest in the Navajo gener- ating station which is in excess of the pumping require- ments of the Central Arizona project and any such needs for desalting and protective pumping facilities as may be required under section 101(b)(2)(B) of the Colo- rado River Basin Salinity Control Act of 1974, as amended [43 U.S.C. 1571(b)(2)(B)] (hereinafter in this Act referred to as ‘Navajo surplus’) shall be marketed and exchanged by the Secretary of Energy pursuant to this section. ‘‘(b) Navajo surplus shall be marketed by the Sec- retary of Energy pursuant to the plan adopted under subsection (c) of this section, directly to, with or through the Arizona Power Authority and/or other en- tities having the status of preference entities under the reclamation law in accordance with the preference pro- visions of section 9(c) of the Reclamation Project Act of 1939 [43 U.S.C. 485h(c)] and as provided in part IV, section A of the Criteria. ‘‘(c) In the marketing and exchanging of Navajo sur- plus, the Secretary of the Interior shall adopt the plan deemed most acceptable, after consultation with the Secretary of Energy, the Governor of Arizona, and the Central Arizona Water Conservation District (or its successor in interest to the repayment obligation for the Central Arizona project), for the purposes of opti- mizing the availability of Navajo surplus and providing financial assistance in the timely construction and re- payment of construction costs of authorized features of the Central Arizona project. The Secretary of the Inte- rior, in concert with the Secretary of Energy, in ac- cordance with section 14 of the Reclamation Project Act of 1939 [43 U.S.C. 389], shall grant electrical power and energy exchange rights with Arizona entities as necessary to implement the adopted plan: Provided, however, That if exchange rights with Arizona entities are not required to implement the adopted plan, ex- change rights may be offered to other entities. ‘‘(d) For the purposes provided in subsection (c) of this section, the Secretary of Energy, or the marketing entity or entities under the adopted plan, are author- ized to establish and collect or cause to be established and collected, rate components, in addition to those currently authorized, and to deposit the revenues re- ceived in the Lower Colorado River Basin Development Fund to be available for such purposes and if required under the adopted plan, to credit, utilize, pay over di- rectly or assign revenues from such additional rate components to make repayment and establish reserves for repayment of funds, including interest incurred, to entities which have advanced funds for the purposes of subsection (c) of this section: Provided, however, That rates shall not exceed levels that allow for an appro- priate saving for the contractor. ‘‘(e) To the extent that this section may be in con- flict with any other provision of law relating to the marketing and exchange of Navajo surplus, or to the disposition of any revenues therefrom, this section shall control.’’ § 7134. Federal Energy Regulatory Commission; compensation of Chairman and members There shall be within the Department, a Fed- eral Energy Regulatory Commission established by subchapter IV of this chapter (hereinafter re- ferred to in this chapter as the ‘‘Commission’’). The Chairman shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. The other members of the Commission shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. The Chair- man and members of the Commission shall be individuals who, by demonstrated ability, back- ground, training, or experience, are specially