42 U.S.C. § 7151 — General transfers

Page 7063 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7151 2024], and quarterly thereafter, the Secretary of Energy shall submit to the appropriate congressional commit- tees a report, which shall include— ‘‘(1) the number of covered visitors or covered as- signees permitted to access the premises, informa- tion, or technology of each National Laboratory dur- ing the previous quarter; ‘‘(2) the number of instances in which the Director provided advice to a National Laboratory in accord- ance with subsection (c) during the previous quarter; and ‘‘(3) the number of instances in which a National Laboratory took action inconsistent with advice pro- vided by the Director in accordance with subsection (c) during the previous quarter. ‘‘(e) FUNDING.—The Secretary of Energy may expend such sums as are authorized to be appropriated for the purposes detailed in this section.’’ § 7144c. Repealed. Pub. L. 116–92, div. E, title LXIV, § 6421(b), Dec. 20, 2019, 133 Stat. 2199 Section, Pub. L. 95–91, title II, § 216, as added Pub. L. 106–65, div. C, title XXXII, § 3204(a), Oct. 5, 1999, 113 Stat. 956; amended Pub. L. 109–364, div. C, title XXXI, § 3117(f), Oct. 17, 2006, 120 Stat. 2508, established the Of- fice of Intelligence. § 7144d. Office of Arctic Energy (a) Establishment The Secretary of Energy may establish within the Department of Energy an Office of Arctic Energy. (b) Purposes The purposes of such office shall be as follows: (1) To promote research, development, and deployment of electric power technology that is cost-effective and especially well suited to meet the needs of rural and remote regions of the United States, especially where perma- frost is present or located nearby. (2) To promote research, development, and deployment in such regions of— (A) enhanced oil recovery technology, in- cluding heavy oil recovery, reinjection of carbon, and extended reach drilling tech- nologies; (B) gas-to-liquids technology and liquified natural gas (including associated transpor- tation systems); (C) small hydroelectric facilities, river turbines, and tidal power; (D) natural gas hydrates, coal bed meth- ane, and shallow bed natural gas; and (E) alternative energy, including wind, geothermal, and fuel cells. (c) Location The Secretary shall locate such office at a uni- versity with expertise and experience in the matters specified in subsection (b). (Pub. L. 106–398, § 1 [div. C, title XXXI, § 3197], Oct. 30, 2000, 114 Stat. 1654, 1654A–482.) Editorial Notes CODIFICATION Section was enacted as part of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, and not as part of the Department of Energy Orga- nization Act which comprises this chapter. § 7144e. Office of Indian Energy Policy and Pro- grams (a) Establishment There is established within the Department an Office of Indian Energy Policy and Programs (referred to in this section as the ‘‘Office’’). The Office shall be headed by a Director, who shall be appointed by the Secretary and compensated at a rate equal to that of level IV of the Execu- tive Schedule under section 5315 of title 5. (b) Duties of Director The Director, in accordance with Federal poli- cies promoting Indian self-determination and the purposes of this chapter, shall provide, di- rect, foster, coordinate, and implement energy planning, education, management, conservation, and delivery programs of the Department that— (1) promote Indian tribal energy develop- ment, efficiency, and use; (2) reduce or stabilize energy costs; (3) enhance and strengthen Indian tribal en- ergy and economic infrastructure relating to natural resource development and electrifica- tion; and (4) bring electrical power and service to In- dian land and the homes of tribal members lo- cated on Indian lands or acquired, con- structed, or improved (in whole or in part) with Federal funds. (Pub. L. 95–91, title II, § 217, as added Pub. L. 109–58, title V, § 502(a), Aug. 8, 2005, 119 Stat. 763.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. SUBCHAPTER III—TRANSFERS OF FUNCTIONS § 7151. General transfers (a) Except as otherwise provided in this chap- ter, there are transferred to, and vested in, the Secretary all of the functions vested by law in the Administrator of the Federal Energy Admin- istration or the Federal Energy Administration, the Administrator of the Energy Research and Development Administration or the Energy Re- search and Development Administration; and the functions vested by law in the officers and components of either such Administration. (b) Except as provided in subchapter IV, there are transferred to, and vested in, the Secretary the function of the Federal Power Commission, or of the members, officers, or components thereof. The Secretary may exercise any power described in section 7172(a)(2) of this title to the extent the Secretary determines such power to be necessary to the exercise of any function within his jurisdiction pursuant to the pre- ceding sentence. (Pub. L. 95–91, title III, § 301, Aug. 4, 1977, 91 Stat. 577.) Page 7064 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7151 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. Executive Documents EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to the Secretary of Energy, see Parts 1, 2, and 7 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of this title. EX. ORD. NO. 12038. TRANSFER OF CERTAIN FUNCTIONS TO SECRETARY OF ENERGY Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, as amend- ed by Ex. Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073, provided: By virtue of the authority vested in me as President of the United States of America, in order to reflect the responsibilities of the Secretary of Energy for the per- formance of certain functions previously vested in other officers of the United States by direction of the President and subsequently transferred to the Sec- retary of Energy pursuant to the Department of Energy Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.) it is hereby ordered as follows: SECTION 1. Functions of the Federal Energy Administra- tion. In accordance with the transfer of all functions vested by law in the Federal Energy Administration, or the Administrator thereof, to the Secretary of Energy pursuant to Section 301(a) of the Department of Energy Organization Act [subsec. (a) of this section], herein- after referred to as the Act, the Executive Orders and Proclamations referred to in this Section, which con- ferred authority or responsibility upon the Adminis- trator of the Federal Energy Administration, are amended as follows: (a) Executive Order No. 11647, as amended [formerly set out as a note under 31 U.S.C. 501], relating to Fed- eral Regional Councils, is further amended by deleting ‘‘The Federal Energy Administration’’ in Section 1(a)(10) and substituting ‘‘The Department of Energy’’, and by deleting ‘‘The Deputy Administrator of the Fed- eral Energy Administration’’ in Section 3(a)(10) and substituting ‘‘The Deputy Secretary of Energy’’. (b) Executive Order No. 11790 of June 25, 1974 [set out as a note under 15 U.S.C. 761], relating to the Federal Energy Administration Act of 1974, is amended by de- leting ‘‘Administrator of the Federal Energy Adminis- tration’’ and ‘‘Administrator’’ wherever they appear in Sections 1 through 6 and substituting ‘‘Secretary of En- ergy’’ and ‘‘Secretary’’, respectively, and by deleting Section 7 through 10. (c) Executive Order No. 11912, as amended [set out as a note under 42 U.S.C. 6201], relating to energy policy and conservation, and Proclamation No. 3279, as amended [formerly set out as a note under 19 U.S.C. 1862], relating to imports of petroleum and petroleum products, are further amended by deleting ‘‘Adminis- trator of the Federal Energy Administration’’, ‘‘Fed- eral Energy Administration’’, and ‘‘Administrator’’ (when used in reference to the Federal Energy Adminis- tration) wherever those terms appear and by sub- stituting ‘‘Secretary of Energy’’, ‘‘Department of En- ergy’’, and ‘‘Secretary’’, respectively, and by deleting ‘‘the Administrator of Energy Research and Develop- ment’’ in Section 10(a)(1) of Executive Order No. 11912, as amended. SEC. 2. Functions of the Federal Power Commission. In accordance with the transfer of functions vested in the Federal Power Commission to the Secretary of Energy pursuant to Section 301(b) of the Act [subsec. (b) of this section], the Executive Orders referred to in this Sec- tion, which conferred authority or responsibility upon the Federal Power Commission, or Chairman thereof, are amended or modified as follows: (a) Executive Order No. 10485 of September 3, 1953, [set out as a note under 15 U.S.C. 717b], relating to cer- tain facilities at the borders of the United States is amended by deleting Section 2 thereof, and by deleting ‘‘Federal Power Commission’’ and ‘‘Commission’’ wher- ever those terms appear in Sections 1, 3 and 4 of such Order and substituting for each ‘‘Secretary of Energy’’. (b) Executive Order No. 11969 of February 2, 1977 [for- merly set out as a note under 15 U.S.C. 717], relating to the administration of the Emergency Natural Gas Act of 1977 [formerly set out as a note under 15 U.S.C. 717], is hereby amended by deleting the second sentence in Section 1, by deleting ‘‘the Secretary of the Interior, the Administrator of the Federal Energy Administra- tion, other members of the Federal Power Commission and in Section 2, and by deleting ‘‘Chairman of the Fed- eral Power Commission’’ and ‘‘Chairman’’ wherever those terms appear and substituting therefor ‘‘Sec- retary of Energy’’ and ‘‘Secretary’’, respectively. (c) Paragraph (2) of Section 3 of Executive Order No. 11331, as amended [formerly set out as a note under 42 U.S.C. 1962b], relating to the Pacific Northwest River Basins Commission, is hereby amended by deleting ‘‘from each of the following Federal departments and agencies’’ and substituting therefor ‘‘to be appointed by the head of each of the following Executive agen- cies’’, by deleting ‘‘Federal Power Commission’’ and substituting therefor ‘‘Department of Energy’’, and by deleting ‘‘such member to be appointed by the head of each department or independent agency he rep- resents,’’. SEC. 3. Functions of the Secretary of the Interior. In ac- cordance with the transfer of certain functions vested in the Secretary of the Interior to the Secretary of En- ergy pursuant to Section 302 of the Act [42 U.S.C. 7152], the Executive Orders referred to in this Section, which conferred authority or responsibility on the Secretary of the Interior, are amended or modified as follows: (a) Sections 1 and 4 of Executive Order No. 8526 of Au- gust 27, 1940, relating to functions of the Bonneville Power Administration, are hereby amended by sub- stituting ‘‘Secretary of Energy’’ for ‘‘Secretary of the Interior’’, by adding ‘‘of the Interior’’ after ‘‘Sec- retary’’ in Sections 2 and 3, and by adding ‘‘and the Secretary of Energy,’’ after ‘‘the Secretary of the Inte- rior’’ wherever the latter term appears in Section 5. (b) Executive Order No. 11177 of September 16, 1964, relating to the Columbia River Treaty, is amended by deleting ‘‘Secretary of the Interior’’ and ‘‘Department of the Interior’’ wherever those terms appear and sub- stituting therefor ‘‘Secretary of Energy’’ and ‘‘Depart- ment of Energy’’, respectively. SEC. 4. Functions of the Atomic Energy Commission and the Energy Research and Development Administration. (a) In accordance with the transfer of all functions vested by law in the Administrator of Energy Research and Development to the Secretary of Energy pursuant to Section 301(a) of the Act [subsec. (a) of this section] the Executive Orders referred to in this Section are amended or modified as follows: (1) All current Executive Orders which refer to func- tions of the Atomic Energy Commission, including Ex- ecutive Order No. 10127, as amended; Executive Order No. 10865, as amended [set out as a note under 50 U.S.C. 3161]; Executive Order No. 10899 of December 9, 1960 [set out as a note under 42 U.S.C. 2162]; Executive Order No. 11057 of December 18, 1962 [set out as a note under 42 U.S.C. 2162]; Executive Order No. 11477 of August 7, 1969 [set out as a note under 42 U.S.C. 2187]; Executive Order No. 11752 of December 17, 1973 [formerly set out as a note under 42 U.S.C. 4331]; and Executive Order No. 11761 of January 17, 1974 [formerly set out as a note under 20 U.S.C. 1221]; are modified to provide that all such functions shall be exercised by (1) the Secretary of Energy to the extent consistent with the functions of the Atomic Energy Commission that were transferred Page 7065 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7152 1 So in original. The comma probably should not appear. to the Administrator of Energy Research and Develop- ment pursuant to the Energy Organization Act of 1974 (Public Law 93–438; 88 Stat. 1233) [42 U.S.C. 5801 et seq.], and (2) the Nuclear Regulatory Commission to the ex- tent consistent with the functions of the Atomic En- ergy Commission that were transferred to the Commis- sion by the Energy Reorganization Act of 1974 [42 U.S.C. 5801 et seq.]. (2) [Former] Executive Order No. 11652, as amended, relating to the classification of national security mat- ters, is further amended by substituting ‘‘Department of Energy’’ for ‘‘Energy Research and Development Ad- ministration’’ in Sections 2(A), 7(A) and 8 and by delet- ing ‘‘Federal Power Commission’’ in Section 2(B)(3). (3) Executive Order No. 11902 of February 2, 1976 [for- merly set out as a note under 42 U.S.C. 5841], relating to export licensing policy for nuclear materials and equipment, is amended by substituting ‘‘the Secretary of Energy’’ for ‘‘the Administrator of the United States Energy Research and Development Administration, hereinafter referred to as the Administrator’’ in Sec- tion 1(b) and for the ‘‘Administrator’’ in Sections 2 and 3. (4) [Former] Executive Order No. 11905, as amended, relating to foreign intelligence activities, is further amended by deleting ‘‘Energy Research and Develop- ment Administration’’, ‘‘Administrator or the Energy Research and Development Administration’’, and ‘‘ERDA’’ wherever those terms appear and substituting ‘‘Department of Energy’’, ‘‘Secretary of Energy’’, and ‘‘DOE’’ respectively. (5) Section 3(2) of each of the following Executive Or- ders is amended by substituting ‘‘Department of En- ergy’’ for ‘‘Energy Research and Development Adminis- tration’’: (i) Executive Order No. 11345, as amended [formerly set out as a note under 42 U.S.C. 1962b], establishing the Great Lakes River Basin Commission. (ii) Executive Order No. 11371, as amended [formerly set out as a note under 42 U.S.C. 1962b], establishing the New England River Basin Commission. (iii) Executive Order No. 11578, as amended [formerly set out as a note under 42 U.S.C. 1962b], establishing the Ohio River Basin Commission. (iv) Executive Order No. 11658, as amended [formerly set out as a note under 42 U.S.C. 1962b], establishing the Missouri River Basin Commission. (v) Executive Order No. 11659, as amended [formerly set out as a note under 42 U.S.C. 1962b], establishing the Mississippi River Basin Commission. SEC. 5. Special Provisions Relating to Emergency Pre- paredness and Mobilization Functions. (a) Executive Order No. 10480, as amended [formerly set out as a note under former 50 U.S.C. App. 2153], is further amended by adding thereto the following new Sections: ‘‘Sec. 609. Effective October 1, 1977, the Secretary of Energy shall exercise all authority and discharge all responsibility herein delegated to or conferred upon (a) the Atomic Energy Commission, and (b) with respect to petroleum, gas, solid fuels and electric power, upon the Secretary of the Interior. ‘‘Sec. 610. Whenever the Administrator of General Services believes that the functions of an Executive agency have been modified pursuant to law in such manner as to require the amendment of any Executive order which relates to the assignment of emergency preparedness functions or the administration of mobili- zation programs, he shall promptly submit any pro- posals for the amendment of such Executive orders to the Director of the Office of Management and Budget in accordance with the provisions of Executive Order No. 11030, as amended [set out as a note under 44 U.S.C. 1505]. (b) Executive Order No. 11490, as amended [formerly set out as a note under 50 U.S.C. App. 2251], is further amended by adding thereto the following new section: ‘‘Sec. 3016. Effective October 1, 1977, the Secretary of Energy shall exercise all authority and discharge all responsibility herein delegated to or conferred upon (a) the Federal Power Commission, (b) the Energy Re- search and Development Administration, and (c) with respect to electric power, petroleum, gas and solid fuels, upon the Department of the Interior.’’. SEC. 6. This Order shall be effective as of October 1, 1977, the effective date of the Department of Energy Or- ganization Act [this chapter] pursuant to the provi- sions of section 901 [42 U.S.C. 7341] thereof and Execu- tive Order No. 12009 of September 13, 1977 [formerly set out as a note under 42 U.S.C. 7341], and all actions taken by the Secretary of Energy on or after October 1, 1977, which are consistent with the foregoing provi- sions are entitled to full force and effect. JIMMY CARTER. § 7151a. Jurisdiction over matters transferred from Energy Research and Development Ad- ministration Notwithstanding any other provision of law, jurisdiction over matters transferred to the De- partment of Energy from the Energy Research and Development Administration which on the effective date of such transfer were required by law, regulation, or administrative order to be made on the record after an opportunity for an agency hearing may be assigned to the Federal Energy Regulatory Commission or retained by the Secretary at his discretion. (Pub. L. 95–238, title I, § 104(a), Feb. 25, 1978, 92 Stat. 53.) Editorial Notes CODIFICATION Section was enacted as part of the Department of En- ergy Act of 1978—Civilian Applications, and not as part of the Department of Energy Organization Act which comprises this chapter. § 7152. Transfers from Department of the Interior (a) Functions relating to electric power (1) There are transferred to, and vested in, the Secretary all functions of the Secretary of the Interior under section 825s of title 16, and all other functions of the Secretary of the Interior, and officers and components of the Department of the Interior, with respect to— (A) the Southeastern Power Administration; (B) the Southwestern Power Administration; (C) the Bonneville Power Administration in- cluding but not limited to the authority con- tained in the Bonneville Project Act of 1937 [16 U.S.C. 832 et seq.] and the Federal Columbia River Transmission System Act [16 U.S.C. 838 et seq.]; (D) the power marketing functions of the Bureau of Reclamation, including the con- struction, operation, and maintenance of transmission lines and attendant facilities; and (E) the transmission and disposition of the electric power and energy generated at Falcon Dam and Amistad Dam, international storage reservoir projects on the Rio Grande, pursuant to the Act of June 18, 1954, as amended by the Act of December 23, 1963. (2) The Southeastern Power Administration, the Southwestern Power Administration, and the Bonneville Power Administration,1 shall be