42 U.S.C. § 7171 — Appointment and administration

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. Page 7071 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7171 (e) Designation of Acting Chairman; quorum; seal The Chairman of the Commission may des- ignate any other member of the Commission as Acting Chairman to act in the place and stead of the Chairman during his absence. The Chairman (or the Acting Chairman in the absence of the Chairman) shall preside at all sessions of the Commission and a quorum for the transaction of business shall consist of at least three members present. Each member of the Commission, in- cluding the Chairman, shall have one vote. Ac- tions of the Commission shall be determined by a majority vote of the members present. The Commission shall have an official seal which shall be judicially noticed. (f) Rules The Commission is authorized to establish such procedural and administrative rules as are necessary to the exercise of its functions. Until changed by the Commission, any procedural and administrative rules applicable to particular functions over which the Commission has juris- diction shall continue in effect with respect to such particular functions. (g) Powers of Commission In carrying out any of its functions, the Com- mission shall have the powers authorized by the law under which such function is exercised to hold hearings, sign and issue subpenas, admin- ister oaths, examine witnesses, and receive evi- dence at any place in the United States it may designate. The Commission may, by one or more of its members or by such agents as it may des- ignate, conduct any hearing or other inquiry necessary or appropriate to its functions, except that nothing in this subsection shall be deemed to supersede the provisions of section 556 of title 5 relating to hearing examiners. (h) Principal office of Commission The principal office of the Commission shall be in or near the District of Columbia, where its general sessions shall be held, but the Commis- sion may sit anywhere in the United States. (i) Commission deemed agency; attorney for Commission For the purpose of section 552b of title 5, the Commission shall be deemed to be an agency. Except as provided in section 518 of title 28, re- lating to litigation before the Supreme Court, attorneys designated by the Chairman of the Commission may appear for, and represent the Commission in, any civil action brought in con- nection with any function carried out by the Commission pursuant to this chapter or as oth- erwise authorized by law. (j) Annual authorization and appropriation re- quest In each annual authorization and appropria- tion request under this chapter, the Secretary shall identify the portion thereof intended for the support of the Commission and include a statement by the Commission (1) showing the amount requested by the Commission in its budgetary presentation to the Secretary and the Office of Management and Budget and (2) an as- sessment of the budgetary needs of the Commis- sion. Whenever the Commission submits to the Secretary, the President, or the Office of Man- agement and Budget, any legislative rec- ommendation or testimony, or comments on legislation, prepared for submission to Congress, the Commission shall concurrently transmit a copy thereof to the appropriate committees of Congress. (k) Addressing insufficient compensation of em- ployees and other personnel of the Commis- sion (1) In general Notwithstanding any other provision of law, if the Chairman of the Commission publicly certifies that compensation for a category of employees or other personnel of the Commis- sion is insufficient to retain or attract em- ployees and other personnel to allow the Com- mission to carry out the functions of the Com- mission in a timely, efficient, and effective manner, the Chairman may fix the compensa- tion for the category of employees or other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, or any other civil service law. (2) Certification requirements A certification issued under paragraph (1) shall— (A) apply with respect to a category of em- ployees or other personnel responsible for conducting work of a scientific, techno- logical, engineering, or mathematical na- ture; (B) specify a maximum amount of reason- able compensation for the category of em- ployees or other personnel; (C) be valid for a 5-year period beginning on the date on which the certification is issued; (D) be no broader than necessary to achieve the objective of retaining or attract- ing employees and other personnel to allow the Commission to carry out the functions of the Commission in a timely, efficient, and effective manner; and (E) include an explanation for why the other approaches available to the Chairman for retaining and attracting employees and other personnel are inadequate. (3) Renewal (A) In general Not later than 90 days before the date of expiration of a certification issued under paragraph (1), the Chairman shall determine whether the certification should be renewed for a subsequent 5-year period. (B) Requirement If the Chairman determines that a certifi- cation should be renewed under subpara- graph (A), the Chairman may renew the cer- tification, subject to the certification re- quirements under paragraph (2) that were applicable to the initial certification. (4) New hires (A) In general An employee or other personnel that is a member of a category of employees or other Page 7072 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7171 personnel that would have been covered by a certification issued under paragraph (1), but was hired during a period in which the cer- tification has expired and has not been re- newed under paragraph (3) shall not be eligi- ble for compensation at the level that would have applied to the employee or other per- sonnel if the certification had been in effect on the date on which the employee or other personnel was hired. (B) Compensation of new hires on renewal On renewal of a certification under para- graph (3), the Chairman may fix the com- pensation of the employees or other per- sonnel described in subparagraph (A) at the level established for the category of employ- ees or other personnel in the certification. (5) Retention of level of fixed compensation A category of employees or other personnel, the compensation of which was fixed by the Chairman in accordance with paragraph (1), may, at the discretion of the Chairman, have the level of fixed compensation for the cat- egory of employees or other personnel re- tained, regardless of whether a certification described under that paragraph is in effect with respect to the compensation of the cat- egory of employees or other personnel. (6) Consultation required The Chairman shall consult with the Direc- tor of the Office of Personnel Management in implementing this subsection, including in the determination of the amount of compensation with respect to each category of employees or other personnel. (7) Experts and consultants (A) In general Subject to subparagraph (B), the Chairman may— (i) obtain the services of experts and con- sultants in accordance with section 3109 of title 5; (ii) compensate those experts and con- sultants for each day (including travel time) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of that title; and (iii) pay to the experts and consultants serving away from the homes or regular places of business of the experts and con- sultants travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of that title for per- sons in Government service employed intermittently. (B) Limitations The Chairman shall— (i) to the maximum extent practicable, limit the use of experts and consultants pursuant to subparagraph (A); and (ii) ensure that the employment contract of each expert and consultant employed pursuant to subparagraph (A) is subject to renewal not less frequently than annually. (Pub. L. 95–91, title IV, § 401, Aug. 4, 1977, 91 Stat. 582; Pub. L. 101–271, § 2(a), (b), Apr. 11, 1990, 104 Stat. 135; Pub. L. 116–260, div. Z, title XI, § 11004(a), Dec. 27, 2020, 134 Stat. 2612.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (i) and (j), 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 2020—Subsec. (k). Pub. L. 116–260 added subsec. (k). 1990—Subsec. (b). Pub. L. 101–271 designated existing provisions as par. (1), substituted ‘‘5 years’’ for ‘‘four years’’, struck out after third sentence ‘‘The terms of the members first taking office shall expire (as des- ignated by the President at the time of appointment), two at the end of two years, two at the end of three years, and one at the end of four years.’’, substituted ‘‘A Commissioner may continue to serve after the expi- ration 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 ex- pires.’’ for ‘‘A Commissioner may continue to serve after the expiration of his term until his successor has taken office, except that he may not so continue to serve for more than one year after the date on which his term would otherwise expire under this sub- section.’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. Z, title XI, § 11004(c), Dec. 27, 2020, 134 Stat. 2614, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply be- ginning on the date that is 30 days after the date of en- actment of this Act [Dec. 27, 2020].’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–271, § 2(c), Apr. 11, 1990, 104 Stat. 136, pro- vided that: ‘‘The amendments made by this section [amending this section] apply only to persons ap- pointed or reappointed as members of the Federal En- ergy Regulatory Commission after the date of enact- ment of this Act [Apr. 11, 1990].’’ REPORTS Pub. L. 116–260, div. Z, title XI, § 11004(b), Dec. 27, 2020, 134 Stat. 2614, provided that: ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Dec. 27, 2020], and every 2 years thereafter for 10 years, the Chairman of the Fed- eral Energy Regulatory Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on informa- tion relating to hiring, vacancies, and compensation at the Federal Energy Regulatory Commission. ‘‘(2) INCLUSIONS.—Each report under paragraph (1) shall include— ‘‘(A) an analysis of any trends with respect to hir- ing, vacancies, and compensation at the Federal En- ergy Regulatory Commission; and ‘‘(B) a description of the efforts to retain and at- tract employees or other personnel responsible for conducting work of a scientific, technological, engi- neering, or mathematical nature at the Federal En- ergy Regulatory Commission.’’ RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES Pub. L. 101–549, title VIII, § 808, Nov. 15, 1990, 104 Stat. 2690, provided that: ‘‘(a) DEFINITION.—For purposes of this section, ‘re- newable energy’ means energy from photovoltaic, solar Page 7073 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7172 thermal, wind, geothermal, and biomass energy produc- tion technologies. ‘‘(b) RATE INCENTIVES STUDY.—Within 18 months after enactment [Nov. 15, 1990], the Federal Energy Regu- latory Commission, in consultation with the Environ- mental Protection Agency, shall complete a study which calculates the net environmental benefits of re- newable energy, compared to nonrenewable energy, and assigns numerical values to them. The study shall in- clude, but not be limited to, environmental impacts on air, water, land use, water use, human health, and waste disposal. ‘‘(c) MODEL REGULATIONS.—In conjunction with the study in subsection (b), the Commission shall propose one or more models for incorporating the net environ- mental benefits into the regulatory treatment of re- newable energy in order to provide economic compensa- tion for those benefits. ‘‘(d) REPORT.—The Commission shall transmit the study and the model regulations to Congress, along with any recommendations on the best ways to reward renewable energy technologies for their environmental benefits, in a report no later than 24 months after en- actment [Nov. 15, 1990].’’ RETENTION AND USE OF REVENUES FROM LICENSING FEES, INSPECTION SERVICES, AND OTHER SERVICES AND COLLECTIONS; REDUCTION TO ACHIEVE FINAL FISCAL YEAR APPROPRIATION Pub. L. 99–500, § 101(e) [title III], Oct. 18, 1986, 100 Stat. 1783–194, 1783–208, and Pub. L. 99–591, § 101(e) [title III], Oct. 30, 1986, 100 Stat. 3341–194, 3341–208, provided in part: ‘‘That hereafter and notwithstanding any other provision of law revenues from licensing fees, inspec- tion services, and other services and collections, esti- mated at $78,754,000 in fiscal year 1987, may be retained and used for necessary expenses in this account [Fed- eral Energy Regulatory Commission, Salaries and Ex- penses], and may remain available until expended: Pro- vided further, That the sum herein appropriated shall be reduced as revenues are received during fiscal year 1987, so as to result in a final fiscal year 1987 appropriation estimated at not more than $20,325,000.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 118–42, div. D, title III, Mar. 9, 2024, 138 Stat. 205. Pub. L. 117–328, div. D, title III, Dec. 29, 2022, 136 Stat. 4642. Pub. L. 117–103, div. D, title III, Mar. 15, 2022, 136 Stat. 231. Pub. L. 116–260, div. D, title III, Dec. 27, 2020, 134 Stat. 1372. Pub. L. 116–94, div. C, title III, Dec. 20, 2019, 133 Stat. 2678. Pub. L. 115–244, div. A, title III, Sept. 21, 2018, 132 Stat. 2915. Pub. L. 115–141, div. D, title III, Mar. 23, 2018, 132 Stat. 527. Pub. L. 115–31, div. D, title III, May 5, 2017, 131 Stat. 319. Pub. L. 114–113, div. D, title III, Dec. 18, 2015, 129 Stat. 2415. Pub. L. 113–235, div. D, title III, Dec. 16, 2014, 128 Stat. 2322. Pub. L. 113–76, div. D, title III, Jan. 17, 2014, 128 Stat. 172. Pub. L. 112–74, div. B, title III, Dec. 23, 2011, 125 Stat. 875. Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat. 2871. Pub. L. 111–8, div. C, title III, Mar. 11, 2009, 123 Stat. 625. Pub. L. 110–161, div. C, title III, Dec. 26, 2007, 121 Stat. 1966. Pub. L. 109–103, title III, Nov. 19, 2005, 119 Stat. 2277. Pub. L. 108–447, div. C, title III, Dec. 8, 2004, 118 Stat. 2957. Pub. L. 108–137, title III, Dec. 1, 2003, 117 Stat. 1859. Pub. L. 108–7, div. D, title III, Feb. 20, 2003, 117 Stat. 153. Pub. L. 107–66, title III, Nov. 12, 2001, 115 Stat. 508. Pub. L. 106–377, § 1(a)(2) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–78. Pub. L. 106–60, title III, Sept. 29, 1999, 113 Stat. 494. Pub. L. 105–245, title III, Oct. 7, 1998, 112 Stat. 1851. Pub. L. 105–62, title III, Oct. 13, 1997, 111 Stat. 1334. Pub. L. 104–206, title III, Sept. 30, 1996, 110 Stat. 2998. Pub. L. 104–46, title III, Nov. 13, 1995, 109 Stat. 416. Pub. L. 103–316, title III, Aug. 26, 1994, 108 Stat. 1719. Pub. L. 103–126, title III, Oct. 28, 1993, 107 Stat. 1330. Pub. L. 102–377, title III, Oct. 2, 1992, 106 Stat. 1338. Pub. L. 102–104, title III, Aug. 17, 1991, 105 Stat. 531. Pub. L. 101–514, title III, Nov. 5, 1990, 104 Stat. 2093. Pub. L. 101–101, title III, Sept. 29, 1989, 103 Stat. 661. Pub. L. 100–371, title III, July 19, 1988, 102 Stat. 870. Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–124. § 7172. Jurisdiction of Commission (a) Transfer of functions from Federal Power Commission (1) There are transferred to, and vested in, the Commission the following functions of the Fed- eral Power Commission or of any member of the Commission or any officer or component of the Commission: (A) the investigation, issuance, transfer, re- newal, revocation, and enforcement of licenses and permits for the construction, operation, and maintenance of dams, water conduits, res- ervoirs, powerhouses, transmission lines, or other works for the development and improve- ment of navigation and for the development and utilization of power across, along, from, or in navigable waters under part I of the Federal Power Act [16 U.S.C. 791a et seq.]; (B) the establishment, review, and enforce- ment of rates and charges for the transmission or sale of electric energy, including deter- minations on construction work in progress, under part II of the Federal Power Act [16 U.S.C. 824 et seq.], and the interconnection, under section 202(b), of such Act [16 U.S.C. 824a(b)], of facilities for the generation, trans- mission, and sale of electric energy (other than emergency interconnection); (C) the establishment, review, and enforce- ment of rates and charges for the transpor- tation and sale of natural gas by a producer or gatherer or by a natural gas pipeline or nat- ural gas company under sections 1, 4, 5, and 6 of the Natural Gas Act [15 U.S.C. 717, 717c to 717e]; (D) the issuance of a certificate of public convenience and necessity, including abandon- ment of facilities or services, and the estab- lishment of physical connections under sec- tion 7 of the Natural Gas Act [15 U.S.C. 717f]; (E) the establishment, review, and enforce- ment of curtailments, other than the estab- lishment and review of priorities for such cur- tailments, under the Natural Gas Act [15 U.S.C. 717 et seq.]; and (F) the regulation of mergers and securities acquisition under the Federal Power Act [16 U.S.C. 791a et seq.] and Natural Gas Act [15 U.S.C. 717 et seq.]. (2) The Commission may exercise any power under the following sections to the extent the Commission determines such power to be nec- essary to the exercise of any function within the jurisdiction of the Commission: