42 U.S.C. § 7195 — Report to Congress; contents

Page 7080 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7194 1 See References in Text note below. 2 So in original. Probably should be ‘‘recision’’. (e) Effect on procedural action taken by Sec- retary prior to issuance of initial remedial order Nothing in preceding provisions of this section shall be construed to affect any procedural ac- tion taken by the Secretary prior to or incident to initial issuance of a remedial order which is the subject of the hearing provided in preceding provisions of this section, but such procedures shall be reviewable in the hearing. (f) Savings provision The provisions of preceding provisions of this section shall be applicable only with respect to proceedings initiated by a notice of probable violation issued after October 1, 1977. (g) Retroactive application; marketing of petro- leum products With respect to any person whose sole petro- leum industry operation relates to the mar- keting of petroleum products, the Secretary or any person acting on his behalf may not exercise discretion to maintain a civil action (other than an action for injunctive relief) or issue a reme- dial order against such person for any violation of any rule or regulation if— (1) such civil action or order is based on a retroactive application of such rule or regula- tion or is based upon a retroactive interpreta- tion of such rule or regulation; and (2) such person relied in good faith upon rules, regulations, or ruling in effect on the date of the violation interpreting such rules or regulations. (Pub. L. 95–91, title V, § 503, Aug. 4, 1977, 91 Stat. 590; Pub. L. 95–620, title VIII, § 805, Nov. 9, 1978, 92 Stat. 3348.) Editorial Notes REFERENCES IN TEXT The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, Commerce and Trade, and was omitted from the Code pursuant to section 760g of Title 15, which provided for the expiration of the Presi- dent’s authority under that chapter on Sept. 30, 1981. AMENDMENTS 1978—Subsecs. (e), (f). Pub. L. 95–620, § 805(b), inserted ‘‘preceding provisions of’’ before ‘‘this section’’. Subsec. (g). Pub. L. 95–620, § 805(a), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of this title. § 7194. Requests for adjustments (a) The Secretary or any officer designated by him shall provide for the making of such adjust- ments to any rule, regulation or order described in section 7191(a) of this title issued under the Federal Energy Administration Act [15 U.S.C. 761 et seq.], the Emergency Petroleum Alloca- tion Act of 1973 1 [15 U.S.C. 751 et seq.], the En- ergy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 791 et seq.], or the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.], consistent with the other purposes of the relevant Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens, and shall by rule, establish proce- dures which are available to any person for the purpose of seeking an interpretation, modifica- tion, or recission 2 of, exception to, or exemption from, such rule, regulation or order. The Sec- retary or any such officer shall additionally in- sure that each decision on any application or pe- tition requesting an adjustment shall specify the standards of hardship, inequity, or unfair distribution of burden by which any disposition was made, and the specific application of such standards to the facts contained in any such ap- plication or petition. (b)(1) If any person is aggrieved or adversely affected by a denial of a request for adjustment under subsection (a) such person may request a review of such denial by the Commission and may obtain judicial review in accordance with this subchapter when such a denial becomes final. (2) The Commission shall, by rule, establish appropriate procedures, including a hearing when requested, for review of a denial. Action by the Commission under this section shall be con- sidered final agency action within the meaning of section 704 of title 5 and shall not be subject to further review by the Secretary or any officer or employee of the Department. Litigation in- volving judicial review of such action shall be the responsibility of the Secretary. (Pub. L. 95–91, title V, § 504, Aug. 4, 1977, 91 Stat. 590.) Editorial Notes REFERENCES IN TEXT The Federal Energy Administration Act, referred to in subsec. (a), is Pub. L. 93–275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Tables. The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsec. (a), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of Title 15, and was omitted from the Code pursuant to section 760g of Title 15, which pro- vided for the expiration of the President’s authority under that chapter on Sept. 30, 1981. The Energy Supply and Environmental Coordination Act of 1974, referred to in subsec. (a), is Pub. L. 93–319, June 22, 1974, 88 Stat. 246, which is classified principally to chapter 16C (§ 791 et seq.) of Title 15. For complete classification of this Act to the Code, see Short Title note set out under section 791 of Title 15 and Tables. The Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6201 of this title and Tables. § 7195. Report to Congress; contents Within one year after October 1, 1977, the Sec- retary shall submit a report to Congress con- Page 7081 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7231 1 See References in Text note below. cerning the actions taken to implement section 7191 of this title. The report shall include a dis- cussion of the adequacy of such section from the standpoint of the Department and the public, in- cluding a summary of any comments obtained by the Secretary from the public about such sec- tion and implementing regulations, and such recommendations as the Secretary deems appro- priate concerning the procedures required by such section. (Pub. L. 95–91, title V, § 505, Aug. 4, 1977, 91 Stat. 591.) SUBCHAPTER VI—ADMINISTRATIVE PROVISIONS PART A—CONFLICT OF INTEREST PROVISIONS §§ 7211, 7212. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(6), Feb. 10, 1996, 110 Stat. 664 Section 7211, Pub. L. 95–91, title VI, § 601, Aug. 4, 1977, 91 Stat. 591; Pub. L. 103–160, div. C, title XXXI, § 3161(c)(1)(A), (B), Nov. 30, 1993, 107 Stat. 1958, related to definitions of supervisory employees and energy con- cern. Section 7212, Pub. L. 95–91, title VI, § 602, Aug. 4, 1977, 91 Stat. 592; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784; Pub. L. 103–160, div. C, title XXXI, § 3161(b), (c)(1)(C), Nov. 30, 1993, 107 Stat. 1958, re- lated to divestiture of energy holdings by supervisory employees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see sec- tion 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces. §§ 7213 to 7217. Repealed. Pub. L. 103–160, div. C, title XXXI, § 3161(a), Nov. 30, 1993, 107 Stat. 1957 Section 7213, Pub. L. 95–91, title VI, § 603, Aug. 4, 1977, 91 Stat. 593, related to disclosure of energy assets. Section 7214, Pub. L. 95–91, title VI, § 604, Aug. 4, 1977, 91 Stat. 594, required, with exceptions for certain infor- mation, that supervisory employees of Department file report on prior employment. Section 7215, Pub. L. 95–91, title VI, § 605, Aug. 4, 1977, 91 Stat. 594, related to postemployment prohibitions and reporting requirements. Section 7216, Pub. L. 95–91, title VI, § 606, Aug. 4, 1977, 91 Stat. 595, prohibited former supervisory employees from participating in certain Department proceedings. Section 7217, Pub. L. 95–91, title VI, § 607, Aug. 4, 1977, 91 Stat. 596; 1978 Reorg. Plan No. 2, § 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3784, related to procedures appli- cable to reports under former sections 7213, 7214, and 7215 of this title. § 7218. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(6), Feb. 10, 1996, 110 Stat. 664 Section, Pub. L. 95–91, title VI, § 603, formerly § 608, Aug. 4, 1977, 91 Stat. 596; renumbered § 603 and amended, Pub. L. 103–160, div. C, title XXXI, § 3161(c)(1)(D), (E), Nov. 30, 1993, 107 Stat. 1958, related to sanctions. A prior section 603 of Pub. L. 95–91 was classified to section 7213 of this title prior to repeal by Pub. L. 103–160. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see sec- tion 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces. PART B—PERSONNEL PROVISIONS § 7231. Officers and employees (a) Authority of Secretary to appoint and fix compensation In the performance of his functions the Sec- retary is authorized to appoint and fix the com- pensation of such officers and employees, includ- ing attorneys, as may be necessary to carry out such functions. Except as otherwise provided in this section, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5. (b) Appointment of scientific, engineering, etc., personnel without regard to civil service laws; compensation; termination of authority (1) Subject to the limitations provided in para- graph (2) and to the extent the Secretary deems such action necessary to the discharge of his functions, he may appoint not more than three hundred eleven of the scientific, engineering, professional, and administrative personnel of the department without regard to the civil serv- ice laws, and may fix the compensation of such personnel not in excess of the maximum rate payable for GS–18 of the General Schedule under section 5332 of title 5. (2) The Secretary’s authority under this sub- section to appoint an individual to such a posi- tion without regard to the civil service laws shall cease— (A) when a person appointed, within four years after October 1, 1977, to fill such position under paragraph (1) leaves such position, or (B) on the day which is four years after such date, whichever is later. (c) Placement of GS–16, GS–17, and GS–18 posi- tions without regard to section 3324 of title 5; termination of authority (1) Subject to the provisions of chapter 51 of title 5 but notwithstanding the last two sen- tences of section 5108(a) 1 of such title, the Sec- retary may place at GS–16, GS–17, and GS–18, not to exceed one hundred seventy-eight posi- tions of the positions subject to the limitation of the first sentence of section 5108(a) 1 of such title. (2) Appointments under this subsection may be made without regard to the provisions of sec- tions 3324 of title 5, relating to the approval by the Director of the Office of Personnel Manage- ment of appointments under GS–16, GS–17, and GS–18 if the individual placed in such position is an individual who is transferred in connection with a transfer of functions under this chapter and who, immediately before October 1, 1977, held a position and duties comparable to those of such position. (3) The Secretary’s authority under this sub- section with respect to any position shall cease when the person first appointed to fill such posi- tion leaves such position.