42 U.S.C. § 7321 — National Energy Policy Plan

Page 7115 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7321 Editorial Notes REFERENCES IN TEXT This chapter, referred to in introductory provisions and pars. (1) and (2), 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 TRANSFER OF FUNCTIONS Functions vested by statute in United States Civil Service Commission transferred to Director of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of 1978, § 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. § 7301. Environmental impact statements The transfer of functions under subchapters III and IV of this chapter shall not affect the valid- ity of any draft environmental impact state- ment published before October 1, 1977. (Pub. L. 95–91, title VII, § 713, Aug. 4, 1977, 91 Stat. 610.) SUBCHAPTER VIII—ENERGY PLANNING § 7321. National Energy Policy Plan (a) Preparation by President and submission to Congress; formulation and review The President shall— (1) prepare and submit to the Congress a pro- posed National Energy Policy Plan (herein- after in this subchapter referred to as a ‘‘pro- posed Plan’’) as provided in subsection (b); (2) seek the active participation by regional, State, and local agencies and instrumental- ities and the private sector through public hearings in cities and rural communities and other appropriate means to insure that the views and proposals of all segments of the economy are taken into account in the formu- lation and review of such proposed Plan; (3) include within the proposed Plan a com- prehensive summary of data pertaining to all fuel and energy needs of persons residing in— (A) areas outside standard metropolitan statistical areas; and (B) areas within standard metropolitan statistical areas which are unincorporated or are specified by the Bureau of the Census, Department of Commerce, as rural areas. (b) Biennial transmittal to Congress; contents Not later than April 1, 1979, and biennially thereafter, the President shall transmit to the Congress the proposed Plan. Such proposed Plan shall— (1) consider and establish energy production, utilization, and conservation objectives, for periods of five and ten years, necessary to sat- isfy projected energy needs of the United States to meet the requirements of the gen- eral welfare of the people of the United States and the commercial and industrial life of the Nation, paying particular attention to the needs for full employment, price stability, en- ergy security, economic growth, environ- mental protection, nuclear non-proliferation, special regional needs, and the efficient utili- zation of public and private resources; (2) identify the strategies that should be fol- lowed and the resources that should be com- mitted to achieve such objectives, forecasting the level of production and investment nec- essary in each of the significant energy supply sectors and the level of conservation and in- vestment necessary in each consuming sector, and outlining the appropriate policies and ac- tions of the Federal Government that will maximize the private production and invest- ment necessary in each of the significant en- ergy supply sectors consistent with applicable Federal, State, and local environmental laws, standards, and requirements; and (3) recommend legislative and administra- tive actions necessary and desirable to achieve the objectives of such proposed Plan, including legislative recommendations with respect to taxes or tax incentives, Federal funding, regu- latory actions, antitrust policy, foreign pol- icy, and international trade. (c) Submission of report to Congress; contents The President shall submit to the Congress with the proposed Plan a report which shall in- clude— (1) whatever data and analysis are necessary to support the objectives, resource needs, and policy recommendations contained in such proposed Plan; (2) an estimate of the domestic and foreign energy supplies on which the United States will be expected to rely to meet projected en- ergy needs in an economic manner consistent with the need to protect the environment, conserve natural resources, and implement foreign policy objectives; (3) an evaluation of current and foreseeable trends in the price, quality, management, and utilization of energy resources and the effects of those trends on the social, environmental, economic, and other requirements of the Na- tion; (4) a summary of research and development efforts funded by the Federal Government to forestall energy shortages, to reduce waste, to foster recycling, to encourage conservation practices, and to otherwise protect environ- mental quality, including recommendations for developing technologies to accomplish such purposes; and (5) a review and appraisal of the adequacy and appropriateness of technologies, proce- dures, and practices (including competitive and regulatory practices) employed by Fed- eral, State, and local governments and nongovernmental entities to achieve the pur- poses of the Plan. (d) Consultation with consumers, small busi- nesses, etc. The President shall insure that consumers, small businesses, and a wide range of other in- terests, including those of individual citizens who have no financial interest in the energy in- dustry, are consulted in the development of the Plan. Page 7116 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7321 (Pub. L. 95–91, title VIII, § 801, Aug. 4, 1977, 91 Stat. 610.) Executive Documents ESTABLISHING A QUADRENNIAL ENERGY REVIEW Memorandum for the Heads of Executive Depart- ments and Agencies Memorandum of President of the United States, Jan. 9, 2014, 79 F.R. 2577, provided: Affordable, clean, and secure energy and energy serv- ices are essential for improving U.S. economic produc- tivity, enhancing our quality of life, protecting our en- vironment, and ensuring our Nation’s security. Achiev- ing these goals requires a comprehensive and inte- grated energy strategy resulting from interagency dia- logue and active engagement of external stakeholders. To help the Federal Government better meet this re- sponsibility, I am directing the undertaking of a Quad- rennial Energy Review. The initial focus for the Quadrennial Energy Review will be our Nation’s infrastructure for transporting, transmitting, and delivering energy. Our current infra- structure is increasingly challenged by trans- formations in energy supply, markets, and patterns of end use; issues of aging and capacity; impacts of cli- mate change; and cyber and physical threats. Any vul- nerability in this infrastructure may be exacerbated by the increasing interdependencies of energy systems with water, telecommunications, transportation, and emergency response systems. The first Quadrennial En- ergy Review Report will serve as a roadmap to help ad- dress these challenges. The Department of Energy has a broad role in energy policy development and the largest role in imple- menting the Federal Government’s energy research and development portfolio. Many other executive depart- ments and agencies also play key roles in developing and implementing policies governing energy resources and consumption, as well as associated environmental impacts. In addition, non-Federal actors are crucial contributors to energy policies. Because most energy and related infrastructure is owned by private entities, investment by and engagement of the private sector is necessary to develop and implement effective policies. State and local policies; the views of nongovernmental, environmental, faith-based, labor, and other social or- ganizations; and contributions from the academic and non-profit sectors are also critical to the development and implementation of effective energy policies. An interagency Quadrennial Energy Review Task Force, which includes members from all relevant exec- utive departments and agencies (agencies), will develop an integrated review of energy policy that integrates all of these perspectives. It will build on the foundation provided in my Administration’s Blueprint for a Secure Energy Future of March 30, 2011, and Climate Action Plan released on June 25, 2013. The Task Force will offer rec- ommendations on what additional actions it believes would be appropriate. These may include recommenda- tions on additional executive or legislative actions to address the energy challenges and opportunities facing the Nation. Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the following: SECTION 1. Establishing the Quadrennial Energy Review Task Force. (a) There is established the Quadrennial En- ergy Review Task Force (Task Force), to be co-chaired by the Director of the Office of Science and Technology Policy and the Director of the Domestic Policy Coun- cil, which shall include the heads of each of the fol- lowing, or their designated representatives: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of the Interior; (v) the Department of Agriculture; (vi) the Department of Commerce; (vii) the Department of Labor; (viii) the Department of Health and Human Services; (ix) the Department of Housing and Urban Develop- ment; (x) the Department of Transportation; (xi) the Department of Energy; (xii) the Department of Veterans Affairs; (xiii) the Department of Homeland Security; (xiv) the Office of Management and Budget; (xv) the National Economic Council; (xvi) the National Security Staff; (xvii) the Council on Environmental Quality; (xviii) the Council of Economic Advisers; (xix) the Environmental Protection Agency; (xx) the Small Business Administration; (xxi) the Army Corps of Engineers; (xxii) the National Science Foundation; and (xxiii) such agencies and offices as the President may designate. (b) The Co-Chairs may invite independent regulatory agencies with energy-related responsibilities, including the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission, to participate in the Task Force, as determined to be appropriate by those agencies. (c) The Co-Chairs shall regularly convene and preside at meetings of the Task Force and shall determine its agenda. Under the direction of the Co-Chairs, the Task Force shall: (i) gather ideas and advice from State and local gov- ernments, tribes, large and small businesses, univer- sities, national laboratories, nongovernmental and labor organizations, consumers, and other stakeholders and interested parties; and (ii) coordinate the efforts of agencies and offices re- lated to the development of the Quadrennial Energy Review Report, as described in sections 1 and 2 of this memorandum. (d) The Secretary of Energy shall provide support to the Task Force, including support for coordination ac- tivities related to the preparation of the Quadrennial Energy Review Report, policy analysis and modeling, and stakeholder engagement. (e) The Task Force shall submit a Quadrennial En- ergy Review Report to the President every 4 years be- ginning with a report delivered by January 31, 2015. In- termediate reports and other material may be prepared by the Task Force as required by the President. SEC. 2. The Quadrennial Energy Review Report. The Task Force shall establish integrated guidance to strengthen U.S. energy policy. Building on the Blue- print for a Secure Energy Future and the Climate Action Plan, and taking into consideration applicable laws and regulations, the Task Force shall prepare a Quadren- nial Energy Review Report that: (a) provides an integrated view of, and recommenda- tions for, Federal energy policy in the context of eco- nomic, environmental, occupational, security, and health and safety priorities, with attention in the first report given to the challenges facing the Nation’s en- ergy infrastructures; (b) reviews the adequacy, with respect to energy pol- icy, of existing executive and legislative actions, and recommends additional executive and legislative ac- tions as appropriate; (c) assesses and recommends priorities for research, development, and demonstration programs to support key energy-innovation goals; and (d) identifies analytical tools and data needed to sup- port further policy development and implementation. SEC. 3. Outreach. In order to gather information and recommendations and to provide for a transparent process in developing the Quadrennial Energy Review Report, the Task Force shall engage with State and local governments, tribes, large and small businesses, universities, national laboratories, nongovernmental and labor organizations, and other stakeholders and in- terested parties. The Task Force shall develop an inte- grated outreach strategy that relies on both traditional meetings and the use of information technology. 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