42 U.S.C. § 7238 — Temporary appointments for scientific

Page 7085 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7251 of the Department of Energy Organization Act which comprises this chapter. § 7238. Temporary appointments for scientific and technical experts in Department of En- ergy research and development programs (a) The Secretary, utilizing authority under other applicable law and the authority of this section, may appoint for a limited term, or on a temporary basis, scientists, engineers, and other technical and professional personnel on leave of absence from academic, industrial, or research institutions to work for the Department. (b) The Department may pay, to the extent au- thorized for certain other Federal employees by section 5723 of title 5, travel expenses for any in- dividual appointed for a limited term or on a temporary basis and transportation expenses of his or her immediate family and his or her household goods and personal effects from that individual’s residence at the time of selection or assignment to his or her duty station. The De- partment may pay such travel expenses to the same extent for such an individual’s return to the former place of residence from his or her duty station, upon separation from the Federal service following an agreed period of service. The Department may also pay a per diem allow- ance at a rate not to exceed the daily amounts prescribed under section 5702 of title 5 to such an individual, in lieu of transportation expenses of the immediate family and household goods and personal effects, for the period of his or her em- ployment with the Department. Notwith- standing any other provision of law, the employ- er’s contribution to any retirement, life insur- ance, or health benefit plan for an individual ap- pointed for a term of one year or less, which could be extended for no more than one addi- tional year, may be made or reimbursed from appropriations available to the Department. (Pub. L. 104–271, title III, § 301, Oct. 9, 1996, 110 Stat. 3307.) Editorial Notes CODIFICATION Section was enacted as part of the Hydrogen Future Act of 1996, and not as part of the Department of En- ergy Organization Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 104–271, § 2, Oct. 9, 1996, 110 Stat. 3304, provided that: ‘‘For purposes of titles II and III [enacting this section and provisions set out as a note under section 12403 of this title]— ‘‘(1) the term ‘Department’ means the Department of Energy; and ‘‘(2) the term ‘Secretary’ means the Secretary of Energy.’’ § 7239. Transferred Editorial Notes CODIFICATION Section, Pub. L. 106–65, div. C, title XXXI, § 3164, Oct. 5, 1999, 113 Stat. 946, which related to the whistleblower protection program, was renumbered section 4602 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1776, and is classified to section 2702 of Title 50, War and National Defense. PART C—GENERAL ADMINISTRATIVE PROVISIONS § 7251. General authority To the extent necessary or appropriate to per- form any function transferred by this chapter, the Secretary or any officer or employee of the Department may exercise, in carrying out the function so transferred, any authority or part thereof available by law, including appropria- tion Acts, to the official or agency from which such function was transferred. (Pub. L. 95–91, title VI, § 641, Aug. 4, 1977, 91 Stat. 598.) 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 IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND OPERATIONS OF THE DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY ADMINISTRATION Pub. L. 112–239, div. C, title XXXI, § 3120, Jan. 2, 2013, 126 Stat. 2174, provided that: ‘‘(a) IN GENERAL.—The Secretary of Energy and the Administrator for Nuclear Security shall review and, to the extent practicable, revise the Department of En- ergy Acquisition Regulation and other regulations, rules, directives, orders, and policies that apply to the administration, execution, and oversight of the mis- sions and operations of the Department of Energy and the National Nuclear Security Administration to im- prove and streamline such administration, execution, and oversight. ‘‘(b) IMPROVEMENT AND STREAMLINING.—In carrying out subsection (a), the Secretary and the Adminis- trator shall review and, to the extent practicable, carry out the following actions: ‘‘(1) Streamline business processes and structures to reduce unnecessary, burdensome, or duplicative approvals. ‘‘(2) Delegate approval for work for others agree- ments and cooperative research and development agreements (except those that the Secretary or Ad- ministrator determine are high value or unique) to the lowest appropriate officials and streamline the approval processes. ‘‘(3) Establish processes for ensuring routine or low- risk procurement and subcontracting decisions are made at the discretion of the management and oper- ating contractors while ensuring that the Secretary or Administrator apply appropriate oversight. ‘‘(4) Assess procurement thresholds as of the date of the enactment of this Act [Jan. 2, 2013] and take steps as appropriate to adjust such thresholds. ‘‘(5) Eliminate duplicative or low-value reports and data calls and ensure consistency in management and cost-accounting data. ‘‘(6) Actions to otherwise streamline, clarify, and eliminate redundancy in the regulations, rules, direc- tives, orders, and policies described by subsection (a). ‘‘(c) BRIEFING.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the