42 U.S.C. § 7255 — Subpoena

Page 7087 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7256 Pub. L. 106–377, § 1(a)(2) [title III, § 314(b)(2)], added subsec. (b) relating to authority of Secretary as to Na- tional Nuclear Security Administration. § 7254. Rules and regulations The Secretary is authorized to prescribe such procedural and administrative rules and regula- tions as he may deem necessary or appropriate to administer and manage the functions now or hereafter vested in him. (Pub. L. 95–91, title VI, § 644, Aug. 4, 1977, 91 Stat. 599.) § 7255. Subpoena For the purpose of carrying out the provisions of this chapter, the Secretary, or his duly au- thorized agent or agents, shall have the same powers and authorities as the Federal Trade Commission under section 49 of title 15 with re- spect to all functions vested in, or transferred or delegated to, the Secretary or such agents by this chapter. For purposes of carrying out its re- sponsibilities under the Natural Gas Policy Act of 1978 [15 U.S.C. 3301 et seq.], the Commission shall have the same powers and authority as the Secretary has under this section. (Pub. L. 95–91, title VI, § 645, Aug. 4, 1977, 91 Stat. 599; Pub. L. 95–621, title V, § 508(a), Nov. 9, 1978, 92 Stat. 3408.) 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. The Natural Gas Policy Act of 1978, referred to in text, is Pub. L. 95–621, Nov. 9, 1978, 92 Stat. 3350, which is classified generally to chapter 60 (§ 3301 et seq.) of Title 15, Commerce and Trade. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 3301 of Title 15 and Tables. AMENDMENTS 1978—Pub. L. 95–621 inserted provision giving the Commission the same powers and authority as the Sec- retary under this section for purposes of carrying out its responsibilities under the Natural Gas Policy Act of 1978. § 7256. Contracts, leases, etc., with public agen- cies and private organizations and persons (a) General authority The Secretary is authorized to enter into and perform such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary. (b) Limitation on authority; appropriations Notwithstanding any other provision of this subchapter, no authority to enter into contracts or to make payments under this subchapter shall be effective except to such extent or in such amounts as are provided in advance in ap- propriation Acts. (c) Leasing of excess Department of Energy prop- erty The Secretary may lease, upon terms and con- ditions the Secretary considers appropriate to promote national security or the public interest, acquired real property and related personal property that— (1) is located at a facility of the Department of Energy to be closed or reconfigured; (2) at the time the lease is entered into, is not needed by the Department of Energy; and (3) is under the control of the Department of Energy. (d) Terms of lease (1) A lease entered into under subsection (c) may not be for a term of more than 10 years, ex- cept that the Secretary may enter into a lease that includes an option to renew for a term of more than 10 years if the Secretary determines that entering into such a lease will promote the national security or be in the public interest. (2) A lease entered into under subsection (c) may provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest. Services relating to the pro- tection and maintenance of the leased property may constitute all or part of such consideration. (e) Environmental concerns (1) Before entering into a lease under sub- section (c), the Secretary shall consult with the Administrator of the Environmental Protection Agency (with respect to property located on a site on the National Priorities List) or the ap- propriate State official (with respect to property located on a site that is not listed on the Na- tional Priorities List) to determine whether the environmental conditions of the property are such that leasing the property, and the terms and conditions of the lease agreement, are con- sistent with safety and the protection of public health and the environment. (2) Before entering into a lease under sub- section (c), the Secretary shall obtain the con- currence of the Administrator of the Environ- mental Protection Agency or the appropriate State official, as the case may be, in the deter- mination required under paragraph (1). The Sec- retary may enter into a lease under subsection (c) without obtaining such concurrence if, with- in 60 days after the Secretary requests the con- currence, the Administrator or appropriate State official, as the case may be, fails to sub- mit to the Secretary a notice of such individ- ual’s concurrence with, or rejection of, the de- termination. (f) Retention and use of rentals; report To the extent provided in advance in appro- priations Acts, the Secretary may retain and use money rentals received by the Secretary di- rectly from a lease entered into under sub- section (c) in any amount the Secretary con- siders necessary to cover the administrative ex- penses of the lease, the maintenance and repair of the leased property, or environmental res-