42 U.S.C. § 7352 — Contents of review

Page 7117 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7352 1 So in original. SEC. 4. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and sub- ject to the availability of appropriations. (b) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to any agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (c) Nothing in this memorandum shall be construed to require the disclosure of confidential business infor- mation or trade secrets, classified information, law en- forcement sensitive information, or other information that must be protected in the interest of national secu- rity or public safety. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Director of the Office of Science and Tech- nology Policy is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 7322. Congressional review (a) Each proposed Plan shall be referred to the appropriate committees in the Senate and the House of Representatives. (b) Each such committee shall review the pro- posed Plan and, if it deems appropriate and nec- essary, report to the Senate or the House of Rep- resentatives legislation regarding such Plan which may contain such alternatives to, modi- fications of, or additions to the proposed Plan submitted by the President as the committee deems appropriate. (Pub. L. 95–91, title VIII, § 802, Aug. 4, 1977, 91 Stat. 611.) SUBCHAPTER IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS § 7341. Effective date The provisions of this chapter shall take effect one hundred and twenty days after the Sec- retary first takes office, or on such earlier date as the President may prescribe and publish in the Federal Register, except that at any time after August 4, 1977, (1) any of the officers pro- vided for in subchapters II and IV of this chapter may be nominated and appointed, as provided in those subchapters, and (2) the Secretary and the Commission may promulgate regulations pursu- ant to section 7295(b)(2) of this title at any time after August 4, 1977. Funds available to any de- partment or agency (or any official or compo- nent thereof), functions of which are transferred to the Secretary or the Commission by this chapter, may with the approval of the Director of the Office of Management and Budget, be used to pay the compensation and expenses of any of- ficer appointed pursuant to this subsection 1 until such time as funds for that purpose are otherwise available. (Pub. L. 95–91, title IX, § 901, Aug. 4, 1977, 91 Stat. 612.) 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. Executive Documents EXECUTIVE ORDER NO. 12009 Ex. Ord. No. 12009, Sept. 13, 1977, 42 F.R. 46267, which prescribed Oct. 1, 1977, as the effective date of this chapter, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237. § 7342. Interim appointments In the event that one or more officers required by this chapter to be appointed by and with the advice and consent of the Senate shall not have entered upon office on October 1, 1977, the Presi- dent may designate any officer, whose appoint- ment was required to be made, by and with the advice and consent of the Senate, and who was such an officer immediately prior to October 1, 1977, to act in such office until the office is filled as provided in this chapter. While so acting such persons shall receive compensation at the rates provided by this chapter for the respective of- fices in which they act. (Pub. L. 95–91, title IX, § 902, Aug. 4, 1977, 91 Stat. 612.) 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. SUBCHAPTER X—SUNSET PROVISIONS § 7351. Submission of comprehensive review Not later than January 15, 1982, the President shall prepare and submit to the Congress a com- prehensive review of each program of the De- partment. Each such review shall be made avail- able to the committee or committees of the Sen- ate and House of Representatives having juris- diction with respect to the annual authorization of funds, pursuant to section 7270 of this title, for such programs for the fiscal year beginning October 1, 1982. (Pub. L. 95–91, title X, § 1001, Aug. 4, 1977, 91 Stat. 612.) § 7352. Contents of review Each comprehensive review prepared for sub- mission under section 7351 of this title shall in- clude— (1) the name of the component of the Depart- ment responsible for administering the pro- gram; (2) an identification of the objectives in- tended for the program and the problem or Page 7118 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 7361 to 7364 need which the program was intended to ad- dress; (3) an identification of any other programs having similar or potentially conflicting or duplicative objectives; (4) an assessment of alternative methods of achieving the purposes of the program; (5) a justification for the authorization of new budget authority, and an explanation of the manner in which it conforms to and inte- grates with other efforts; (6) an assessment of the degree to which the original objectives of the program have been achieved, expressed in terms of the perform- ance, impact, or accomplishments of the pro- gram and of the problem or need which it was intended to address, and employing the proce- dures or methods of analysis appropriate to the type or character of the program; (7) a statement of the performance and ac- complishments of the program in each of the previous four completed fiscal years and of the budgetary costs incurred in the operation of the program; (8) a statement of the number and types of beneficiaries or persons served by the pro- gram; (9) an assessment of the effect of the pro- gram on the national economy, including, but not limited to, the effects on competition, eco- nomic stability, employment, unemployment, productivity, and price inflation, including costs to consumers and to businesses; (10) an assessment of the impact of the pro- gram on the Nation’s health and safety; (11) an assessment of the degree to which the overall administration of the program, as ex- pressed in the rules, regulations, orders, stand- ards, criteria, and decisions of the officers exe- cuting the program, are believed to meet the objectives of the Congress in establishing the program; (12) a projection of the anticipated needs for accomplishing the objectives of the program, including an estimate if applicable of the date on which, and the conditions under which, the program may fulfill such objectives; (13) an analysis of the services which could be provided and performance which could be achieved if the program were continued at a level less than, equal to, or greater than the existing level; and (14) recommendations for necessary transi- tional requirements in the event that funding for such program is discontinued, including proposals for such executives or legislative ac- tion as may be necessary to prevent such dis- continuation from being unduly disruptive. (Pub. L. 95–91, title X, § 1002, Aug. 4, 1977, 91 Stat. 612.) SUBCHAPTER XI—ENERGY TARGETS §§ 7361 to 7364. Repealed. Pub. L. 102–486, title XVI, § 1606, Oct. 24, 1992, 106 Stat. 3003 Section 7361, Pub. L. 96–294, title III, § 301, June 30, 1980, 94 Stat. 712, related to preparation of energy tar- gets. Section 7362, Pub. L. 96–294, title III, § 302, June 30, 1980, 94 Stat. 712, related to congressional consider- ation. Section 7363, Pub. L. 96–294, title III, § 303, June 30, 1980, 94 Stat. 714, set out energy target form and defini- tions. Section 7364, Pub. L. 96–294, title III, § 304, June 30, 1980, 94 Stat. 715, set out general provisions regarding targets. SUBCHAPTER XII—RENEWABLE ENERGY INITIATIVES Editorial Notes CODIFICATION This subchapter was enacted as part of title IV of the Energy Security Act, which title is known as the Re- newable Energy Resources Act of 1980, and not as part of the Department of Energy Organization Act which comprises this chapter. § 7371. Statement of purpose The purpose of this subchapter is to establish incentives for the use of renewable energy re- sources, to improve and coordinate the dissemi- nation of information to the public with respect to renewable energy resources, to encourage the use of certain cost effective solar energy sys- tems and conservation measures by the Federal Government, to establish a program for the pro- motion of local energy self-sufficiency, to broad- en the existing program for accelerating the procurement and use of photovoltaic systems, and to provide further encouragement for the development of small hydroelectric power projects. (Pub. L. 96–294, title IV, § 402, June 30, 1980, 94 Stat. 715.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title IV of Pub. L. 96–294, June 30, 1980, 94 Stat. 715, known as the Renewable En- ergy Resources Act of 1980. For complete classification of title IV to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Section 401 of title IV Pub. L. 96–294 provided that: ‘‘This title [enacting this subchapter, amending sec- tions 8255, 8271, and 8274 to 8276 of this title and sec- tions 2705 and 2708 of Title 16, Conservation, and enact- ing a provision set out as a note under section 2701 of Title 16] may be cited as the ‘Renewable Energy Re- sources Act of 1980’.’’ § 7372. ‘‘Secretary’’ and ‘‘renewable energy re- source’’ defined For purposes of this subchapter— (1) the term ‘‘Secretary’’ means the Sec- retary of Energy; and (2) the term ‘‘renewable energy resource’’ means any energy resource which has recently originated in the sun, including direct and in- direct solar radiation and intermediate solar energy forms such as wind, ocean thermal gra- dients, ocean currents and waves, hydropower, photovoltaic energy, products of photosyn- thetic processes, organic wastes, and others. (Pub. L. 96–294, title IV, § 403, June 30, 1980, 94 Stat. 716.)