42 U.S.C. § 7132 — Principal officers

Page 7050 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7132 § 7132. Principal officers (a) Deputy Secretary There shall be in the Department a Deputy Secretary, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Sched- ule under section 5313 of title 5. The Deputy Sec- retary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Sec- retary becomes vacant. The Secretary shall des- ignate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Sec- retary or in the event of vacancies in both of those offices. (b) Under Secretary for Science (1) There shall be in the Department an Under Secretary for Science, who shall be appointed by the President, by and with the advice and con- sent of the Senate. (2) The Under Secretary shall be compensated at the rate provided for level III of the Execu- tive Schedule under section 5314 of title 5. (3) The Under Secretary for Science shall be appointed from among persons who— (A) have extensive background in scientific or engineering fields; and (B) are well qualified to manage the civilian research and development programs of the De- partment. (4) The Under Secretary for Science shall— (A) serve as the Science and Technology Ad- visor to the Secretary; (B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (C) advise the Secretary with respect to the well-being and management of the multipur- pose laboratories under the jurisdiction of the Department; (D) advise the Secretary with respect to edu- cation and training activities required for ef- fective short- and long-term basic and applied research activities of the Department; (E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the De- partment; (F) advise the Secretary with respect to long-term planning, coordination, and devel- opment of a strategic framework for Depart- ment research and development activities; and (G) carry out such additional duties assigned to the Under Secretary by the Secretary relat- ing to basic and applied research, including su- pervision or support of research activities car- ried out by any of the Assistant Secretaries designated by section 7133 of this title, as the Secretary considers advantageous. (c) Under Secretary for Nuclear Security (1) There shall be in the Department an Under Secretary for Nuclear Security, who shall be ap- pointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5. (2) The Under Secretary for Nuclear Security shall be appointed from among persons who— (A) have extensive background in national security, organizational management, and ap- propriate technical fields; and (B) are well qualified to manage the nuclear weapons, nonproliferation, and materials dis- position programs of the National Nuclear Se- curity Administration in a manner that ad- vances and protects the national security of the United States. (3) The Under Secretary for Nuclear Security shall serve as the Administrator for Nuclear Se- curity under section 2402 of title 50. In carrying out the functions of the Administrator, the Under Secretary shall be subject to the author- ity, direction, and control of the Secretary. Such authority, direction, and control may be delegated only to the Deputy Secretary of En- ergy, without redelegation. (d) Under Secretary (1) There shall be in the Department an Under Secretary, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe, con- sistent with this section. (2) The Under Secretary shall be compensated at the rate provided for level III of the Execu- tive Schedule under section 5314 of title 5. (e) General Counsel (1) There shall be in the Department a General Counsel, who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. (2) The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5. (Pub. L. 95–91, title II, § 202, Aug. 4, 1977, 91 Stat. 569; Pub. L. 106–65, div. C, title XXXII, § 3202, Oct. 5, 1999, 113 Stat. 954; Pub. L. 109–58, title X, § 1006(a), (c)(1), Aug. 8, 2005, 119 Stat. 930, 931.) Editorial Notes AMENDMENTS 2005—Subsec. (b). Pub. L. 109–58, § 1006(a), added sub- sec. (b) and struck out former subsec. (b) which read as follows: ‘‘There shall be in the Department an Under Secretary and a General Counsel, who shall be ap- pointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. The Under Secretary shall bear primary responsibility for energy conservation. The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5, and the General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.’’ Subsecs. (d), (e). Pub. L. 109–58, § 1006(c)(1), added sub- secs. (d) and (e). 1999—Subsec. (c). Pub. L. 106–65 added subsec. (c). Page 7051 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7133 Statutory Notes and Related Subsidiaries TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY FOR NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY Pub. L. 106–398, § 1 [div. C, title XXXI, § 3151], Oct. 30, 2000, 114 Stat. 1654, 1654A–464, provided that: ‘‘(a) LENGTH OF TERM.—The term of office as Under Secretary for Nuclear Security of the Department of Energy of the person first appointed to that position shall be three years. ‘‘(b) EXCLUSIVE REASONS FOR REMOVAL.—The exclu- sive reasons for removal from office as Under Secretary for Nuclear Security of the person described in sub- section (a) shall be inefficiency, neglect of duty, or malfeasance in office. ‘‘(c) POSITION DESCRIBED.—The position of Under Sec- retary for Nuclear Security of the Department of En- ergy referred to in this section is the position estab- lished by subsection (c) of section 202 of the Depart- ment of Energy Organization Act (42 U.S.C. 7132), as added by section 3202 of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 113 Stat. 954).’’ Substantially identical provisions were contained in Pub. L. 106–377, § 1(a)(2) [title III, § 313], Oct. 27, 2000, 114 Stat. 1441, 1441A–81. § 7133. Assistant Secretaries; appointment and confirmation; identification of responsibil- ities (a) There shall be in the Department 8 Assist- ant Secretaries, each of whom shall be ap- pointed by the President, by and with the advice and consent of the Senate; who shall be com- pensated at the rate provided for at level IV of the Executive Schedule under section 5315 of title 5; and who shall perform, in accordance with applicable law, such of the functions trans- ferred or delegated to, or vested in, the Sec- retary as he shall prescribe in accordance with the provisions of this chapter. The functions which the Secretary shall assign to the Assist- ant Secretaries include, but are not limited to, the following: (1) Energy resource applications, including functions dealing with management of all forms of energy production and utilization, in- cluding fuel supply, electric power supply, en- riched uranium production, energy technology programs, and the management of energy re- source leasing procedures on Federal lands. (2) Energy research and development func- tions, including the responsibility for policy and management of research and development for all aspects of— (A) solar energy resources; (B) geothermal energy resources; (C) recycling energy resources; (D) the fuel cycle for fossil energy re- sources; and (E) the fuel cycle for nuclear energy re- sources. (3) Environmental responsibilities and func- tions, including advising the Secretary with respect to the conformance of the Depart- ment’s activities to environmental protection laws and principles, and conducting a com- prehensive program of research and develop- ment on the environmental effects of energy technologies and programs. (4) International programs and international policy functions, including those functions which assist in carrying out the international energy purposes described in section 7112 of this title. (5) Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(b), Oct. 5, 1999, 113 Stat. 970. (6) Intergovernmental policies and relations, including responsibilities for assuring that na- tional energy policies are reflective of and re- sponsible to the needs of State and local gov- ernments, and for assuring that other compo- nents of the Department coordinate their ac- tivities with State and local governments, where appropriate, and develop intergovern- mental communications with State and local governments. (7) Competition and consumer affairs, in- cluding responsibilities for the promotion of competition in the energy industry and for the protection of the consuming public in the en- ergy policymaking processes, and assisting the Secretary in the formulation and analysis of policies, rules, and regulations relating to competition and consumer affairs. (8) Nuclear waste management responsibil- ities, including— (A) the establishment of control over ex- isting Government facilities for the treat- ment and storage of nuclear wastes, includ- ing all containers, casks, buildings, vehicles, equipment, and all other materials associ- ated with such facilities; (B) the establishment of control over all existing nuclear waste in the possession or control of the Government and all commer- cial nuclear waste presently stored on other than the site of a licensed nuclear power electric generating facility, except that nothing in this paragraph shall alter or ef- fect title to such waste; (C) the establishment of temporary and permanent facilities for storage, manage- ment, and ultimate disposal of nuclear wastes; (D) the establishment of facilities for the treatment of nuclear wastes; (E) the establishment of programs for the treatment, management, storage, and dis- posal of nuclear wastes; (F) the establishment of fees or user charges for nuclear waste treatment or stor- age facilities, including fees to be charged Government agencies; and (G) the promulgation of such rules and reg- ulations to implement the authority de- scribed in this paragraph, except that nothing in this section shall be construed as granting to the Department regu- latory functions presently within the Nuclear Regulatory Commission, or any additional functions than those already conferred by law. (9) Energy conservation functions, including the development of comprehensive energy con- servation strategies for the Nation, the plan- ning and implementation of major research and demonstration programs for the develop- ment of technologies and processes to reduce total energy consumption, the administration of voluntary and mandatory energy conserva- tion programs, and the dissemination to the public of all available information on energy conservation programs and measures.