-CITE-
    42 USC CHAPTER 84 - DEPARTMENT OF ENERGY                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY

-HEAD-
                     CHAPTER 84 - DEPARTMENT OF ENERGY                 

-MISC1-
    Sec.                                                     
    7101.       Definitions.                                          

            SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES        
    7111.       Congressional findings.                               
    7112.       Congressional declaration of purpose.                 
    7113.       Relationship with States.                             

                SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT            
    7131.       Establishment.                                        
    7132.       Principal officers.                                   
                  (a)  Deputy Secretary.                              
                  (b)  Under Secretary for Science.                   
                  (c)  Under Secretary for Nuclear Security.          
                  (d)  Under Secretary.                               
                  (e)  General Counsel.                               
    7133.       Assistant Secretaries; appointment and confirmation;
                 identification of responsibilities.                  
    7134.       Federal Energy Regulatory Commission; compensation of
                 Chairman and members.                                
    7135.       Energy Information Administration.                    
                  (a)  Establishment; appointment of Administrator;
                        compensation; qualifications; duties.         
                  (b)  Delegation of functions.                       
                  (c)  Functions of Director of Office of Energy
                        Information and Analysis.                     
                  (d)  Collection or analysis of information and
                        preparation of reports without approval.      
                  (e)  Annual audit.                                  
                  (f)  Furnishing information or analysis to any other
                        administration, commission, or office within
                        Department.                                   
                  (g)  Availability of information to public.         
                  (h)  Identification and designation of "major energy
                        producing companies"; format for financial
                        report; accounting practices; filing of
                        financial report; annual report of Department;
                        definitions; confidentiality.                 
                  (i)  Manufacturers energy consumption survey.       
                  (j)  Collection and publication of survey results.  
                  (k)  Survey procedure.                              
                  (l)  Data collection.                               
                  (m)  Renewable fuels survey.                        
    7135a.      Delegation by Secretary of Energy of energy research,
                 etc., functions to Administrator of Energy
                 Information Administration; prohibition against
                 required delegation; utilization of capabilities by
                 Secretary.                                           
    7136.       Economic Regulatory Administration; appointment of
                 Administrator; compensation; qualifications;
                 functions.                                           
    7137.       Functions of Comptroller General.                     
    7138.       Repealed.                                             
    7139.       Office of Science; establishment; appointment of
                 Director; compensation; duties.                      
    7140.       Leasing Liaison Committee; establishment; composition.
    7141.       Office of Minority Economic Impact.                   
                  (a)  Establishment; appointment of Director;
                        compensation.                                 
                  (b)  Advice to Secretary on effect of energy
                        policies, regulations, and other actions of
                        Department respecting minority participation
                        in energy programs.                           
                  (c)  Research programs respecting effects of
                        national energy programs, policies, and
                        regulations of Department on minorities.      
                  (d)  Management and technical assistance to minority
                        educational institutions and business
                        enterprises to foster participation in
                        research, development, demonstration, and
                        contract activities of Department.            
                  (e)  Loans to minority business enterprises;
                        restriction on use of funds; interest;
                        deposits into Treasury.                       
                  (f)  Definitions.                                   
                  (g)  Authorization of appropriations.               
    7142.       National Atomic Museum.                               
                  (a)  Recognition and status.                        
                  (b)  Volunteers.                                    
                  (c)  Authority.                                     
    7142a.      Designation of American Museum of Science and Energy. 
                  (a)  In general.                                    
                  (b)  References.                                    
                  (c)  Property of the United States.                 
    7142b.      Authority.                                            
    7142c.      Museum volunteers.                                    
                  (a)  Authority to use volunteers.                   
                  (b)  Status of volunteers.                          
                  (c)  Compensation.                                  
    7142d.      Definitions.                                          
    7143.       Repealed.                                             
    7144.       Establishment of policy for National Nuclear Security
                 Administration.                                      
                  (a)  Responsibility for establishing policy.        
                  (b)  Review of programs and activities.             
                  (c)  Staff.                                         
    7144a.      Establishment of security, counterintelligence, and
                 intelligence policies.                               
    7144b.      Office of Counterintelligence.                        
                  (a)  Establishment.                                 
                  (b)  Director.                                      
                  (c)  Duties.                                        
                  (d)  Annual reports.                                
    7144c.      Office of Intelligence.                               
                  (a)  Establishment.                                 
                  (b)  Director.                                      
                  (c)  Duties.                                        
    7144d.      Office of Arctic Energy.                              
                  (a)  Establishment.                                 
                  (b)  Purposes.                                      
                  (c)  Location.                                      
    7144e.      Office of Indian Energy Policy and Programs.          
                  (a)  Establishment.                                 
                  (b)  Duties of Director.                            

                  SUBCHAPTER III - TRANSFERS OF FUNCTIONS              
    7151.       General transfers.                                    
    7151a.      Jurisdiction over matters transferred from Energy
                 Research and Development Administration.             
    7152.       Transfers from Department of the Interior.            
                  (a)  Functions relating to electric power.          
                  (b), (c) Repealed.                                  
                  (d)  Functions of Bureau of Mines.                  
    7153.       Administration of leasing transfers.                  
                  (a)  Authority retained by Secretary of the
                        Interior.                                     
                  (b)  Consultation with Secretary of the Interior
                        with respect to promulgation of regulations.  
                  (c)  Repealed.                                      
                  (d)  Preparation of environmental impact statement. 
    7154.       Transfers from Department of Housing and Urban
                 Development.                                         
    7155.       Repealed.                                             
    7156.       Transfers from Department of the Navy.                
    7156a.      Repealed.                                             
    7157.       Transfers from Department of Commerce.                
    7158.       Naval reactor and military application programs.      
    7159.       Transfer to Department of Transportation.             

           SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION       
    7171.       Appointment and administration.                       
                  (a)  Federal Energy Regulatory Commission;
                        establishment.                                
                  (b)  Composition; term of office; conflict of
                        interest; expiration of terms.                
                  (c)  Duties and responsibilities of Chairman.       
                  (d)  Supervision and direction of members,
                        employees, or other personnel of Commission.  
                  (e)  Designation of Acting Chairman; quorum; seal.  
                  (f)  Rules.                                         
                  (g)  Powers of Commission.                          
                  (h)  Principal office of Commission.                
                  (i)  Commission deemed agency; attorney for
                        Commission.                                   
                  (j)  Annual authorization and appropriation request.
    7172.       Jurisdiction of Commission.                           
                  (a)  Transfer of functions from Federal Power
                        Commission.                                   
                  (b)  Repealed.                                      
                  (c)  Consideration of proposals made by Secretary to
                        amend regulations issued under section 753 of
                        title 15; exception.                          
                  (d)  Matters involving agency determinations to be
                        made on record after agency hearing.          
                  (e)  Matters assigned by Secretary after public
                        notice and matters referred under section 7174
                        of this title.                                
                  (f)  Limitation.                                    
                  (g)  Final agency action.                           
                  (h)  Rules, regulations, and statements of policy.  
    7173.       Initiation of rulemaking procedures before Commission.
                  (a)  Proposal of rules, regulations, and statements
                        of policy of general applicability by
                        Secretary and Commission.                     
                  (b)  Consideration and final action on proposals of
                        Secretary.                                    
                  (c)  Utilization of rulemaking procedures for
                        establishment of rates and charges under
                        Federal Power Act and Natural Gas Act.        
                  (d)  Submission of written questions by interested
                        persons.                                      
    7174.       Referral of other rulemaking proceedings to
                 Commission.                                          
                  (a)  Notification of Commission of proposed action;
                        public comment.                               
                  (b)  Recommendations of Commission; publication.    
                  (c)  Options of Secretary; final agency action.     
    7175.       Right of Secretary to intervene in Commission
                 proceedings.                                         
    7176.       Reorganization.                                       
    7177.       Access to information.                                
    7178.       Federal Energy Regulatory Commission fees and annual
                 charges.                                             
                  (a)  In general.                                    
                  (b)  Basis for assessments.                         
                  (c)  Estimates.                                     
                  (d)  Time of payment.                               
                  (e)  Adjustments.                                   
                  (f)  Use of funds.                                  
                  (g)  Waiver.                                        

       SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW   
    7191.       Procedures for issuance of rules, regulations, or
                 orders.                                              
                  (a)  Applicability of subchapter II of chapter 5 of
                        title 5.                                      
                  (b)  Substantial issue of fact or law or likelihood
                        of substantial impact on Nation's economy,
                        etc.; oral presentation.                      
                  (c)  Waiver of requirements.                        
                  (d)  Effects confined to single unit of local
                        government, geographic area within State, or
                        State; hearing or oral presentation.          
                  (e)  Prescription of procedures for State and local
                        government agencies.                          
    7192.       Judicial review.                                      
                  (a)  Agency action.                                 
                  (b)  Review by district court of United States;
                        removal.                                      
                  (c)  Litigation supervision by Attorney General.    
    7193.       Remedial orders.                                      
                  (a)  Violations of rules, regulations, or orders
                        promulgated pursuant to Emergency Petroleum
                        Allocation Act of 1973.                       
                  (b)  Notice of intent to contest; final order not
                        subject to review.                            
                  (c)  Notice of contestation to Commission; stay;
                        hearing; cross examination; final order;
                        enforcement and review.                       
                  (d)  Time limits.                                   
                  (e)  Effect on procedural action taken by Secretary
                        prior to issuance of initial remedial order.  
                  (f)  Savings provision.                             
                  (g)  Retroactive application; marketing of petroleum
                        products.                                     
    7194.       Requests for adjustments.                             
    7195.       Report to Congress; contents.                         

                 SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS             

                 PART A - CONFLICT OF INTEREST PROVISIONS             
    7211 to 7218. Repealed.                                           

                       PART B - PERSONNEL PROVISIONS                   
    7231.       Officers and employees.                               
                  (a)  Authority of Secretary to appoint and fix
                        compensation.                                 
                  (b)  Appointment of scientific, engineering, etc.,
                        personnel without regard to civil service
                        laws; compensation; termination of authority. 
                  (c)  Placement of GS-16, GS-17, and GS-18 positions
                        without regard to section 3324 of title 5;
                        termination of authority.                     
                  (d)  Appointment of additional scientific,
                        engineering, etc., personnel without regard to
                        civil service laws; compensation.             
                  (e)  Determination of maximum aggregate number of
                        positions.                                    
                  (f)  Intelligence and intelligence-related positions
                        exempt from competitive service.              
    7232.       Senior positions.                                     
    7233.       Experts and consultants.                              
    7234.       Advisory committees.                                  
    7235.       Armed services personnel.                             
    7236.       Transferred.                                          
    7237.       Priority placement, job placement, retraining, and
                 counseling programs for United States Department of
                 Energy employees affected by reduction in force.     
                  (a)  Definitions.                                   
                  (b)  Priority placement and retraining program.     
                  (c)  Filling vacancy from outside agency.           
                  (d)  Job placement and counseling services.         
    7238.       Temporary appointments for scientific and technical
                 experts in Department of Energy research and
                 development programs.                                
    7239.       Transferred.                                          

                PART C - GENERAL ADMINISTRATIVE PROVISIONS            
    7251.       General authority.                                    
    7252.       Delegation.                                           
    7253.       Reorganization.                                       
    7254.       Rules and regulations.                                
    7255.       Subpoena.                                             
    7256.       Contracts, leases, etc., with public agencies and
                 private organizations and persons.                   
                  (a)  General authority.                             
                  (b)  Limitation on authority; appropriations.       
                  (c)  Leasing of excess Department of Energy
                        property.                                     
                  (d)  Terms of lease.                                
                  (e)  Environmental concerns.                        
                  (f)  Retention and use of rentals; report.          
                  (g)  Additional authorities.                        
    7256a, 7256b. Transferred.                                        
    7257.       Acquisition, construction, etc., of laboratories,
                 research and testing sites, etc.                     
    7257a to 7257c. Transferred.                                      
    7257d.      Expanded research by Secretary of Energy.             
                  (a)  Detection and identification research.         
                  (b)  Authorization.                                 
    7258.       Facilities construction.                              
                  (a)  Employees and dependents stationed at remote
                        locations.                                    
                  (b)  Medical treatment at reasonable prices.        
                  (c)  Use of reimbursement proceeds.                 
    7259.       Use of facilities.                                    
                  (a)  Facilities of United States and foreign
                        governments.                                  
                  (b)  Facilities under custody of Secretary.         
                  (c)  Use of reimbursement proceeds.                 
    7259a.      Activities of Department of Energy facilities.        
                  (a)  Research and activities on behalf of
                        non-department persons and entities.          
                  (b)  Charges.                                       
                  (c)  Pilot program of reduced facility overhead
                        charges.                                      
                  (d)  Applicability with respect to user fee
                        practice.                                     
    7260.       Field offices.                                        
    7261.       Acquisition of copyrights, patents, etc.              
    7261a.      Protection of sensitive technical information.        
                  (a)  Property rights in inventions and discoveries;
                        timely determination; reports to Congressional
                        committees.                                   
                  (b)  Matters to be considered.                      
    7261b.      Technology transfer to small businesses.              
    7261c.      Technology partnerships ombudsman.                    
                  (a)  Appointment of ombudsman.                      
                  (b)  Qualifications.                                
                  (c)  Duties.                                        
    7262.       Repealed.                                             
    7263.       Capital fund.                                         
    7264.       Seal of Department.                                   
    7265.       Regional Energy Advisory Boards.                      
                  (a)  Establishment; membership.                     
                  (b)  Observers.                                     
                  (c)  Recommendations of Board.                      
                  (d)  Notice of reasons not to adopt recommendations.
    7266.       Designation of conservation officers.                 
    7267.       Annual report.                                        
    7268.       Leasing report.                                       
    7269.       Transfer of funds.                                    
    7269a.      Transfer of funds between appropriations for
                 Department of Energy activities.                     
    7269b.      Transfer of unexpended appropriation balances.        
    7270.       Authorization of appropriations.                      
    7270a.      Guards for Strategic Petroleum Reserve facilities.    
    7270b.      Trespass on Strategic Petroleum Reserve facilities.   
    7270c.      Annual assessment and report on vulnerability of
                 facilities to terrorist attack.                      
    7271 to 7273a. Transferred or Repealed.                           
    7273b.      Security investigations.                              
    7273c.      Transferred.                                          
    7274.       Environmental impact statements relating to defense
                 facilities of Department of Energy.                  
    7274a to 7274d. Transferred.                                      
    7274e.      Scholarship and fellowship program for environmental
                 restoration and waste management.                    
                  (a)  Establishment.                                 
                  (b)  Eligibility.                                   
                  (c)  Agreement.                                     
                  (d)  Repayment.                                     
                  (e)  Preference for cooperative education students. 
                  (f)  Coordination of benefits.                      
                  (g)  Award of scholarships and fellowships.         
                  (h)  Report to Congress.                            
                  (i)  Funding.                                       
    7274f.      Transferred.                                          
    7274g.      Environmental restoration and waste management
                 five-year plan and budget reports.                   
                  (a)  Five-year plan.                                
                  (b)  Treatment of plans under section 4332.         
                  (c)  Grants.                                        
                  (d)  Funding.                                       
                  (e)  Budget reports.                                
    7274h to 7274k. Transferred or Repealed.                          
    7274l.      Authority to transfer certain Department of Energy
                 property.                                            
                  (a)  Authority to transfer.                         
                  (b)  Covered property.                              
    7274m to 7274o. Transferred.                                      
    7274p.      Advice to President and Congress regarding safety,
                 security, and reliability of United States nuclear
                 weapons stockpile.                                   
                  (a)  Findings.                                      
                  (b)  Policy.                                        
                  (c), (d) Omitted.                                   
                  (e)  Advice and opinions regarding nuclear weapons
                        stockpile.                                    
                  (f)  Expression of individual views.                
                  (g)  Definitions.                                   
    7274q to 7274s. Transferred.                                      
    7275.       Definitions.                                          
    7276.       Regulations to require integrated resource planning.  
                  (a)  Regulations.                                   
                  (b)  Certain small customers.                       
    7276a.      Technical assistance.                                 
    7276b.      Integrated resource plans.                            
                  (a)  Review by Western Area Power Administration.   
                  (b)  Criteria for approval of integrated resource
                        plans.                                        
                  (c)  Use of other integrated resource plans.        
                  (d)  Compliance with integrated resource plans.     
                  (e)  Enforcement.                                   
                  (f)  Integrated resource planning cooperatives.     
                  (g)  Customers with more than 1 contract.           
                  (h)  Program review.                                
    7276c.      Miscellaneous provisions.                             
                  (a)  Environmental impact statement.                
                  (b)  Annual reports.                                
                  (c)  State regulated investor-owned utilities.      
                  (d)  Rural Electrification Administration
                        requirements.                                 
    7276d.      Property protection program for power marketing
                 administrations.                                     
    7276e.      Provision of rewards.                                 
    7277.       Report concerning review of United States coal
                 imports.                                             
                  (a)  In general.                                    
                  (b)  Contents.                                      
                  (c)  Date of reports.                               
                  (d)  Limitation.                                    
    7278.       Availability of appropriations for Department of
                 Energy for transportation, uniforms, security, and
                 price support and loan guarantee programs; transfer
                 of funds; acceptance of contributions.               

     SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS 
    7291.       Transfer and allocations of appropriations and
                 personnel.                                           
    7292.       Effect on personnel.                                  
                  (a)  Full-time and part-time personnel holding
                        permanent positions.                          
                  (b)  Person who held position compensated in
                        accordance with chapter 53 of title 5.        
                  (c)  Employees holding reemployment rights acquired
                        under section 786 of title 15.                
    7293.       Agency terminations.                                  
    7294.       Incidental transfers.                                 
    7295.       Savings provisions.                                   
                  (a)  Orders, determinations, rules, etc., in effect
                        prior to effective date of this chapter.      
                  (b)  Proceedings or applications for licenses,
                        permits, etc., pending at effective date of
                        this chapter; regulations.                    
                  (c)  Suits commenced prior to effective date of this
                        chapter.                                      
                  (d)  Suits, actions, etc., commenced by or against
                        any officer or agency or cause of action by or
                        against any department or agency.             
                  (e)  Suits with officers, departments, or agencies
                        as parties.                                   
    7296.       Separability.                                         
    7297.       Cross references.                                     
    7298.       Presidential authority.                               
    7299.       Transition.                                           
    7300.       Report to Congress; effect on personnel.              
    7301.       Environmental impact statements.                      

                     SUBCHAPTER VIII - ENERGY PLANNING                 
    7321.       National Energy Policy Plan.                          
                  (a)  Preparation by President and submission to
                        Congress; formulation and review.             
                  (b)  Biennial transmittal to Congress; contents.    
                  (c)  Submission of report to Congress; contents.    
                  (d)  Consultation with consumers, small businesses,
                        etc.                                          
    7322.       Congressional review.                                 

          SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM APPOINTMENTS      
    7341.       Effective date.                                       
    7342.       Interim appointments.                                 

                     SUBCHAPTER X - SUNSET PROVISIONS                 
    7351.       Submission of comprehensive review.                   
    7352.       Contents of review.                                   

                      SUBCHAPTER XI - ENERGY TARGETS                  
    7361 to 7364. Repealed.                                           

               SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES           
    7371.       Statement of purpose.                                 
    7372.       "Secretary" and "renewable energy resource" defined.  
    7373.       Coordinated dissemination of information on renewable
                 energy resources and conservation.                   
    7374.       Energy self-sufficiency initiatives.                  
                  (a)  Establishment of 3-year pilot program.         
                  (b)  Establishment of subprograms to pilot program;
                        scope of subprograms.                         
                  (c)  Implementation of subprograms; preparation of
                        plan of program and additional Federal
                        actions.                                      
                  (d)  Submission of plan and implementation report to
                        Congress.                                     
    7375.       Authorization of appropriations.                      

     SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS 
    7381.       Findings and purposes.                                
                  (a)  Findings.                                      
                  (b)  Purposes.                                      
    7381a.      Science education programs.                           
                  (a)  Programs.                                      
                  (b)  Relationship to other Department activities.   
                  (c)  Science education enhancement fund.            
                  (d)  Programs for students from under-represented
                        groups.                                       
    7381b.      Laboratory cooperative science centers and other
                 authorized education activities.                     
                  (a)  Activities.                                    
                  (b)  Use of facilities.                             
                  (c)  Funding.                                       
    7381c.      Education partnerships.                               
                  (a)  Education partnerships.                        
                  (b)  Types of assistance.                           
    7381c-1.    Partnerships with historically Black colleges and
                 universities, Hispanic-serving institutions, and
                 tribal colleges.                                     
                  (a)  Definitions.                                   
                  (b)  Education partnership.                         
                  (c)  Activities.                                    
                  (d)  Report.                                        
    7381d.      Definitions.                                          
    7381e.      Authorization of appropriations.                      

    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS
    7382.       Findings.                                             
    7382a       Purpose; designation.                                 
                  (a)  Purpose.                                       
                  (b)  Designation.                                   
    7382b.      Definitions.                                          
    7382c.      Fellowship Program.                                   
                  (a)  In general.                                    
                  (b)  Administration.                                
                  (c)  Selection.                                     
    7382d.      Fellowship awards.                                    
                  (a)  Fellowship recipient compensation.             
                  (b)  Local educational agency.                      
    7382e.      Waste management education research consortium (WERC).
    7382f.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  WERC program.                                  

       SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                            COUNTERINTELLIGENCE
    7383.       Commission on Safeguards, Security, and
                 Counterintelligence at Department of Energy
                 Facilities.                                          
                  (a)  Establishment.                                 
                  (b)  Membership and organization.                   
                  (c)  Duties.                                        
                  (d)  Reports.                                       
                  (e)  Personnel matters.                             
                  (f)  Applicability of FACA.                         
                  (g)  Funding.                                       
    7383a to 7383d. Transferred.                                      
    7383e.      Annual report by the President on espionage by the
                 People's Republic of China.                          
                  (a)  Annual report required.                        
                  (b)  Initial report.                                
    7383f to 7383h-1. Transferred.                                    
    7383i.      Definitions of national laboratory and nuclear weapons
                 production facility.                                 
    7383j.      Definition of Restricted Data.                        

    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
                                  PROGRAM
    7384.       Findings; sense of Congress.                          
                  (a)  Findings.                                      
                  (b)  Sense of Congress.                             

      PART A - ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION
                                   FUND
    7384d.      Establishment of Energy Employees Occupational Illness
                 Compensation Program.                                
                  (a)  Program established.                           
                  (b)  Purpose of program.                            
                  (c)  Eligibility for compensation.                  
    7384e.      Establishment of Energy Employees Occupational Illness
                 Compensation Fund.                                   
                  (a)  Establishment.                                 
                  (b)  Amounts in compensation fund.                  
                  (c)  Financing of compensation fund.                
                  (d)  Use of compensation fund.                      
                  (e)  Administrative costs not paid from compensation
                        fund.                                         
                  (f)  Investment of amounts in compensation fund.    
    7384f.      Legislative proposal.                                 
                  (a)  Legislative proposal required.                 
                  (b)  Assessment of potential covered employees and
                        required amounts.                             
    7384g.      Authorization of appropriations.                      
                  (a)  In general.                                    
                  (b)  Compensation fund.                             

                      PART B - PROGRAM ADMINISTRATION                  
    7384l.      Definitions for program administration.               
    7384m.      Expansion of list of beryllium vendors.               
    7384n.      Exposure in the performance of duty.                  
                  (a)  Beryllium.                                     
                  (b)  Cancer.                                        
                  (c)  Guidelines.                                    
                  (d)  Methods for radiation dose reconstructions.    
                  (e)  Information on radiation doses.                
    7384o.      Advisory Board on Radiation and Worker Health.        
                  (a)  Establishment.                                 
                  (b)  Duties.                                        
                  (c)  Staff.                                         
                  (d)  Expenses.                                      
                  (e)  Security clearances.                           
                  (f)  Information.                                   
    7384p.      Responsibilities of Secretary of Health and Human
                 Services.                                            
    7384q.      Designation of additional members of special exposure
                 cohort.                                              
                  (a)  Advice on additional members.                  
                  (b)  Designation of additional members.             
                  (c)  Deadlines.                                     
                  (d)  Access to information.                         
    7384r.      Separate treatment of chronic silicosis.              
                  (a)  Sense of Congress.                             
                  (b)  Certification by President.                    
                  (c)  Exposure to silica in the performance of duty. 
                  (d)  Covered employee with chronic silicosis.       
                  (e)  Chronic silicosis.                             
    7384s.      Compensation and benefits to be provided.             
                  (a)  Compensation provided.                         
                  (b)  Medical benefits.                              
                  (c)  Beryllium sensitivity monitoring.              
                  (d)  Payment from compensation fund.                
                  (e)  Payments in the case of deceased persons.      
                  (f)  Effective date.                                
    7384t.      Medical benefits.                                     
                  (a)  Medical benefits provided.                     
                  (b)  Persons furnishing benefits.                   
                  (c)  Transportation and expenses.                   
                  (d)  Commencement of benefits.                      
                  (e)  Payment from compensation fund.                
                  (f)  Effective date.                                
    7384u.      Separate treatment of certain uranium employees.      
                  (a)  Compensation provided.                         
                  (b)  Medical benefits.                              
                  (c)  Coordination with RECA.                        
                  (d)  Payment from compensation fund.                
                  (e)  Payments in the case of deceased persons.      
                  (f)  Procedures required.                           
                  (g)  Effective date.                                
    7384v.      Assistance for claimants and potential claimants.     
                  (a)  Assistance for claimants.                      
                  (b)  Assistance for potential claimants.            
                  (c)  Information from beryllium vendors and other
                        contractors.                                  
    7384w.      Subpoenas; oaths; examination of witnesses.           
    7384w-1.    Completion of site profiles.                          
                  (a)  In general.                                    
                  (b)  Information.                                   
                  (c)  Definition.                                    
                  (d)  Time frames.                                   

     PART C - TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION
                               AND BENEFITS
    7385.       Offset for certain payments.                          
    7385a.      Subrogation of the United States.                     
    7385b.      Payment in full settlement of claims.                 
    7385c.      Exclusivity of remedy against the United States and
                 against contractors and subcontractors.              
                  (a)  In general.                                    
                  (b)  Applicability.                                 
                  (c)  Workers' compensation.                         
                  (d)  Applicability to part E.                       
    7385d.      Election of remedy for beryllium employees and atomic
                 weapons employees.                                   
                  (a)  Effect of tort cases filed before enactment of
                        original law.                                 
                  (b)  Effect of tort cases filed between enactment of
                        original law and enactment of 2001 amendments.
                  (c)  Effect of tort cases filed after enactment of
                        2001 amendments.                              
                  (d)  Covered tort cases.                            
                  (e)  Workers' compensation.                         
    7385e.      Certification of treatment of payments under other
                 laws.                                                
    7385f.      Claims not assignable or transferable; choice of
                 remedies.                                            
                  (a)  Claims not assignable or transferable.         
                  (b)  Choice of remedies.                            
    7385g.      Attorney fees.                                        
                  (a)  General rule.                                  
                  (b)  Applicable percentage limitations.             
                  (c)  Inapplicability to other services.             
                  (d)  Penalty.                                       
    7385h.      Certain claims not affected by awards of damages.     
    7385i.      Forfeiture of benefits by convicted felons.           
                  (a)  Forfeiture of compensation.                    
                  (b)  Information.                                   
    7385j.      Coordination with other Federal radiation compensation
                 laws.                                                
    7385j-1.    Social Security earnings information.                 
    7385j-2.    Recovery and waiver of overpayments.                  
                  (a)  In general.                                    
                  (b)  Waiver.                                        
                  (c)  Liability.                                     

      PART D - ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS  
    7385o.      Repealed.                                             

                 PART E - CONTRACTOR EMPLOYEE COMPENSATION             
    7385s.      Definitions.                                          
    7385s-1.    Compensation to be provided.                          
    7385s-2.    Compensation schedule for contractor employees.       
                  (a)  Compensation provided.                         
                  (b)  Determination of minimum impairment rating.    
    7385s-3.    Compensation schedule for survivors.                  
                  (a)  Categories of compensation.                    
                  (b)  One amount only.                               
                  (c)  Determination and allocation of shares.        
                  (d)  Definitions.                                   
    7385s-4.    Determinations regarding contraction of covered
                 illnesses.                                           
                  (a)  Cases determined under part B.                 
                  (b)  Cases determined under former part D.          
                  (c)  Other cases.                                   
                  (d)  Applications by spouses and children.          
    7385s-5.    Applicability to certain uranium employees.           
                  (a)  In general.                                    
                  (b)  Definitions.                                   
    7385s-6.    Administrative and judicial review.                   
                  (a)  Judicial review.                               
                  (b)  Administrative review.                         
    7385s-7.    Physicians services.                                  
                  (a)  In general.                                    
                  (b)  Physicians.                                    
                  (c)  Arrangement.                                   
    7385s-8.    Medical benefits.                                     
    7385s-9.    Attorney fees.                                        
    7385s-10.   Administrative matters.                               
                  (a)  In general.                                    
                  (b)  Contract authority.                            
                  (c)  Records.                                       
                  (d)  Information.                                   
                  (e)  Regulations.                                   
                  (f)  Transition provisions.                         
                  (g)  Previous applications.                         
    7385s-11.   Coordination of benefits with respect to State workers
                 compensation.                                        
                  (a)  In general.                                    
                  (b)  Waiver.                                        
                  (c)  Information.                                   
    7385s-12.   Maximum aggregate compensation.                       
    7385s-13.   Funding of administrative costs.                      
    7385s-14.   Payment of compensation and benefits from compensation
                 fund.                                                
    7385s-15.   Office of Ombudsman.                                  
                  (a)  Establishment.                                 
                  (b)  Head.                                          
                  (c)  Duties.                                        
                  (d)  Independent Office.                            
                  (e)  Annual report.                                 
                  (f)  Outreach.                                      
                  (g)  Sunset.                                        

                       SUBCHAPTER XVII - [REPEALED]                   
    7386 to 7386k. Transferred.                                       

-End-

-CITE-
    42 USC Sec. 7101                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY

-HEAD-
    Sec. 7101. Definitions

-STATUTE-
      (a) As used in this chapter, unless otherwise provided or
    indicated by the context, the term the "Department" means the
    Department of Energy or any component thereof, including the
    Federal Energy Regulatory Commission.
      (b) As used in this chapter (1) reference to "function" includes
    reference to any duty, obligation, power, authority,
    responsibility, right, privilege, and activity, or the plural
    thereof, as the case may be; and (2) reference to "perform", when
    used in relation to functions, includes the undertaking,
    fulfillment, or execution of any duty or obligation; and the
    exercise of power, authority, rights, and privileges.
      (c) As used in this chapter, "Federal lease" means an agreement
    which, for any consideration, including but not limited to,
    bonuses, rents, or royalties conferred and covenants to be
    observed, authorizes a person to explore for, or develop, or
    produce (or to do any or all of these) oil and gas, coal, oil
    shale, tar sands, and geothermal resources on lands or interests in
    lands under Federal jurisdiction.

-SOURCE-
    (Pub. L. 95-91, Sec. 2, Aug. 4, 1977, 91 Stat. 567.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a), (b), and (c), was in
    the original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91
    Stat. 565, as amended, 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 below and Tables.

-MISC1-
                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-28, Sec. 1, July 18, 1997, 111 Stat. 245, provided
    that: "This Act [amending sections 7191 and 7234 of this title and
    repealing section 776 of Title 15, Commerce and Trade] may be cited
    as the 'Department of Energy Standardization Act of 1997'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-271, Sec. 1, Apr. 11, 1990, 104 Stat. 135, provided
    that: "This Act [amending section 7171 of this title and enacting
    provisions set out as a note under section 7171 of this title] may
    be cited as the 'Federal Energy Regulatory Commission Member Term
    Act of 1990'."

                                SHORT TITLE                            
      Section 1 of Pub. L. 95-91 provided: "That this Act [enacting
    this chapter and section 916 of Title 7, Agriculture, amending
    sections 6833 and 6839 of this title, section 19 of Title 3, The
    President, sections 101, 5108, and 5312 to 5316 of Title 5,
    Government Organization and Employees, section 1701z-8 of Title 12,
    Banks and Banking, and sections 766, 790a, 790d, and 2002 of Title
    15, Commerce and Trade, repealing sections 2036 and 5818 of this
    title and sections 763, 768, and 786 of Title 15, enacting
    provisions set out as a note under section 2201 of this title, and
    repealing provisions set out as a note under section 761 of Title
    15] may be cited as the 'Department of Energy Organization Act'."
      For short title of part E of title XXXI of div. C of Pub. L. 101-
    510, which enacted subchapter XIII of this chapter, as the
    "Department of Energy Science Education Enhancement Act", see
    section 3161 of Pub. L. 101-510, set out as a note under section
    7381 of this title.
      For short title of part A of title V of Pub. L. 103-382, which
    enacted subchapter XIV of this chapter, as the "Albert Einstein
    Distinguished Educator Fellowship Act of 1994", see section 511 of
    Pub. L. 103-382, set out as a note under section 7382 of this
    title.
      For short title of subtitle D of title XXXI of div. C of Pub. L.
    106-65, which enacted subchapter XV of this chapter, as the
    "Department of Energy Facilities Safeguards, Security, and
    Counterintelligence Enhancement Act of 1999", see section 3141 of
    Pub. L. 106-65, set out as a note under section 7383 of this title.
      For short title of section 1 [div. C, title XXXVI] of Pub. L. 106-
    398, which enacted subchapter XVI of this chapter, as the "Energy
    Employees Occupational Illness Compensation Program Act of 2000",
    see section 1 [div. C, title XXXVI, Sec. 3601] of Pub. L. 106-398,
    set out as a note under section 7384 of this title.

-EXEC-
                         EXECUTIVE ORDER NO. 12083                     
      Ex. Ord. No. 12083, Sept. 27, 1978, 43 F.R. 44813, as amended by
    Ex. Ord. No. 12121, Feb. 26, 1979, 44 F.R. 11195; Ex. Ord. No.
    12148, July 20, 1979, 44 F.R. 43239, which established the Energy
    Coordinating Committee and provided for its membership, functions,
    etc., was revoked by Ex. Ord. No. 12379, Sec. 20, Aug. 17, 1982, 47
    F.R. 36100, set out as a note under section 14 of the Federal
    Advisory Committee Act in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    42 USC SUBCHAPTER I - DECLARATION OF FINDINGS AND
           PURPOSES                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-
            SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES        

-End-

-CITE-
    42 USC Sec. 7111                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-
    Sec. 7111. Congressional findings

-STATUTE-
      The Congress of the United States finds that - 
        (1) the United States faces an increasing shortage of
      nonrenewable energy resources;
        (2) this energy shortage and our increasing dependence on
      foreign energy supplies present a serious threat to the national
      security of the United States and to the health, safety and
      welfare of its citizens;
        (3) a strong national energy program is needed to meet the
      present and future energy needs of the Nation consistent with
      overall national economic, environmental and social goals;
        (4) responsibility for energy policy, regulation, and research,
      development and demonstration is fragmented in many departments
      and agencies and thus does not allow for the comprehensive,
      centralized focus necessary for effective coordination of energy
      supply and conservation programs; and
        (5) formulation and implementation of a national energy program
      require the integration of major Federal energy functions into a
      single department in the executive branch.

-SOURCE-
    (Pub. L. 95-91, title I, Sec. 101, Aug. 4, 1977, 91 Stat. 567.)

-End-

-CITE-
    42 USC Sec. 7112                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-
    Sec. 7112. Congressional declaration of purpose

-STATUTE-
      The Congress therefore declares that the establishment of a
    Department of Energy is in the public interest and will promote the
    general welfare by assuring coordinated and effective
    administration of Federal energy policy and programs. It is the
    purpose of this chapter:
        (1) To establish a Department of Energy in the executive
      branch.
        (2) To achieve, through the Department, effective management of
      energy functions of the Federal Government, including
      consultation with the heads of other Federal departments and
      agencies in order to encourage them to establish and observe
      policies consistent with a coordinated energy policy, and to
      promote maximum possible energy conservation measures in
      connection with the activities within their respective
      jurisdictions.
        (3) To provide for a mechanism through which a coordinated
      national energy policy can be formulated and implemented to deal
      with the short-, mid- and long-term energy problems of the
      Nation; and to develop plans and programs for dealing with
      domestic energy production and import shortages.
        (4) To create and implement a comprehensive energy conservation
      strategy that will receive the highest priority in the national
      energy program.
        (5) To carry out the planning, coordination, support, and
      management of a balanced and comprehensive energy research and
      development program, including - 
          (A) assessing the requirements for energy research and
        development;
          (B) developing priorities necessary to meet those
        requirements;
          (C) undertaking programs for the optimal development of the
        various forms of energy production and conservation; and
          (D) disseminating information resulting from such programs,
        including disseminating information on the commercial
        feasibility and use of energy from fossil, nuclear, solar,
        geothermal, and other energy technologies.

        (6) To place major emphasis on the development and commercial
      use of solar, geothermal, recycling and other technologies
      utilizing renewable energy resources.
        (7) To continue and improve the effectiveness and objectivity
      of a central energy data collection and analysis program within
      the Department.
        (8) To facilitate establishment of an effective strategy for
      distributing and allocating fuels in periods of short supply and
      to provide for the administration of a national energy supply
      reserve.
        (9) To promote the interests of consumers through the provision
      of an adequate and reliable supply of energy at the lowest
      reasonable cost.
        (10) To establish and implement through the Department, in
      coordination with the Secretaries of State, Treasury, and
      Defense, policies regarding international energy issues that have
      a direct impact on research, development, utilization, supply,
      and conservation of energy in the United States and to undertake
      activities involving the integration of domestic and foreign
      policy relating to energy, including provision of independent
      technical advice to the President on international negotiations
      involving energy resources, energy technologies, or nuclear
      weapons issues, except that the Secretary of State shall continue
      to exercise primary authority for the conduct of foreign policy
      relating to energy and nuclear nonproliferation, pursuant to
      policy guidelines established by the President.
        (11) To provide for the cooperation of Federal, State, and
      local governments in the development and implementation of
      national energy policies and programs.
        (12) To foster and assure competition among parties engaged in
      the supply of energy and fuels.
        (13) To assure incorporation of national environmental
      protection goals in the formulation and implementation of energy
      programs, and to advance the goals of restoring, protecting, and
      enhancing environmental quality, and assuring public health and
      safety.
        (14) To assure, to the maximum extent practicable, that the
      productive capacity of private enterprise shall be utilized in
      the development and achievement of the policies and purposes of
      this chapter.
        (15) To provide for, encourage, and assist public participation
      in the development and enforcement of national energy programs.
        (16) To create an awareness of, and responsibility for, the
      fuel and energy needs of rural and urban residents as such needs
      pertain to home heating and cooling, transportation, agricultural
      production, electrical generation, conservation, and research and
      development.
        (17) To foster insofar as possible the continued good health of
      the Nation's small business firms, public utility districts,
      municipal utilities, and private cooperatives involved in energy
      production, transportation, research, development, demonstration,
      marketing, and merchandising.
        (18) To provide for the administration of the functions of the
      Energy Research and Development Administration related to nuclear
      weapons and national security which are transferred to the
      Department by this chapter.
        (19) To ensure that the Department can continue current support
      of mathematics, science, and engineering education programs by
      using the personnel, facilities, equipment, and resources of its
      laboratories and by working with State and local education
      agencies, institutions of higher education, and business and
      industry. The Department's involvement in mathematics, science,
      and engineering education should be consistent with its main
      mission and should be coordinated with all Federal efforts in
      mathematics, science, and engineering education, especially with
      the Department of Education and the National Science Foundation
      (which have the primary Federal responsibility for mathematics,
      science, and engineering education).

-SOURCE-
    (Pub. L. 95-91, title I, Sec. 102, Aug. 4, 1977, 91 Stat. 567; Pub.
    L. 101-510, div. C, title XXXI, Sec. 3163, Nov. 5, 1990, 104 Stat.
    1841.)

-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-510 substituted "chapter:" for "chapter - " in
    introductory provisions, capitalized the first letter of the first
    word in each of pars. (1) to (18), substituted a period for last
    semicolon in each of pars. (1) to (17), struck out "and" at end of
    par. (17), and added par. (19).

-End-

-CITE-
    42 USC Sec. 7113                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER I - DECLARATION OF FINDINGS AND PURPOSES

-HEAD-
    Sec. 7113. Relationship with States

-STATUTE-
      Whenever any proposed action by the Department conflicts with the
    energy plan of any State, the Department shall give due
    consideration to the needs of such State, and where practicable,
    shall attempt to resolve such conflict through consultations with
    appropriate State officials. Nothing in this chapter shall affect
    the authority of any State over matters exclusively within its
    jurisdiction.

-SOURCE-
    (Pub. L. 95-91, title I, Sec. 103, Aug. 4, 1977, 91 Stat. 569.)

-End-

-CITE-
    42 USC SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
                SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT            

-End-

-CITE-
    42 USC Sec. 7131                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7131. Establishment

-STATUTE-
      There is established at the seat of government an executive
    department to be known as the Department of Energy. There shall be
    at the head of the Department a Secretary of Energy (hereinafter in
    this chapter referred to as the "Secretary"), who shall be
    appointed by the President by and with the advice and consent of
    the Senate. The Department shall be administered, in accordance
    with the provisions of this chapter, under the supervision and
    direction of the Secretary.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 201, Aug. 4, 1977, 91 Stat. 569.)

-REFTEXT-
                            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, as
    amended, 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.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Department of Energy, including the functions of the Secretary
    of Energy relating thereto, to the Secretary of Homeland Security,
    and for treatment of related references, see sections 121(g)(4),
    183(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and
    the Department of Homeland Security Reorganization Plan of November
    25, 2002, as modified, set out as a note under section 542 of Title
    6.

-End-

-CITE-
    42 USC Sec. 7132                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7132. Principal officers

-STATUTE-
    (a) Deputy Secretary
      There shall be in the Department a Deputy Secretary, who shall be
    appointed by the President, 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 Schedule under section 5313 of title 5.
    The Deputy Secretary 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 Secretary becomes vacant. The Secretary
    shall designate 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
    Secretary 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 consent of the Senate.
      (2) The Under Secretary shall be compensated at the rate provided
    for level III of the Executive 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 Department.

      (4) The Under Secretary for Science shall - 
        (A) serve as the Science and Technology Advisor 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 multipurpose laboratories under the
      jurisdiction of the Department;
        (D) advise the Secretary with respect to education and training
      activities required for effective 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 Department;
        (F) advise the Secretary with respect to long-term planning,
      coordination, and development of a strategic framework for
      Department research and development activities; and
        (G) carry out such additional duties assigned to the Under
      Secretary by the Secretary relating to basic and applied
      research, including supervision or support of research activities
      carried 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 appointed 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 appropriate technical fields; and
        (B) are well qualified to manage the nuclear weapons,
      nonproliferation, and materials disposition programs of the
      National Nuclear Security Administration in a manner that
      advances and protects the national security of the United States.

      (3) The Under Secretary for Nuclear Security shall serve as the
    Administrator for Nuclear Security under section 2402 of title 50.
    In carrying out the functions of the Administrator, the Under
    Secretary shall be subject to the authority, direction, and control
    of the Secretary. Such authority, direction, and control may be
    delegated only to the Deputy Secretary of Energy, without
    redelegation.
    (d) Under Secretary
      (1) There shall be in the Department an Under Secretary, who
    shall be appointed 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, consistent with this
    section.
      (2) The Under Secretary shall be compensated at the rate provided
    for level III of the Executive 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 President, 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.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 202, Aug. 4, 1977, 91 Stat. 569;
    Pub. L. 106-65, div. C, title XXXII, Sec. 3202, Oct. 5, 1999, 113
    Stat. 954; Pub. L. 109-58, title X, Sec. 1006(a), (c)(1), Aug. 8,
    2005, 119 Stat. 930, 931.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-58, Sec. 1006(a), added subsec.
    (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 appointed 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, Sec. 1006(c)(1), added
    subsecs. (d) and (e).
      1999 - Subsec. (c). Pub. L. 106-65 added subsec. (c).

      TERM OF OFFICE OF PERSON FIRST APPOINTED AS UNDER SECRETARY FOR
               NUCLEAR SECURITY OF THE DEPARTMENT OF ENERGY
      Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 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 exclusive reasons for
    removal from office as Under Secretary for Nuclear Security of the
    person described in subsection (a) shall be inefficiency, neglect
    of duty, or malfeasance in office.
      "(c) Position Described. - The position of Under Secretary for
    Nuclear Security of the Department of Energy referred to in this
    section is the position established by subsection (c) of section
    202 of the Department 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, Sec. 1(a)(2) [title III, Sec. 313], Oct. 27, 2000, 114 Stat.
    1441, 1441A-81.

-End-

-CITE-
    42 USC Sec. 7133                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7133. Assistant Secretaries; appointment and confirmation;
      identification of responsibilities

-STATUTE-
      (a) There shall be in the Department 7 Assistant Secretaries,
    each of whom shall be appointed by the President, by and with the
    advice and consent of the Senate; who shall be compensated 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 transferred or delegated to,
    or vested in, the Secretary as he shall prescribe in accordance
    with the provisions of this chapter. The functions which the
    Secretary shall assign to the Assistant 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, including fuel supply, electric power supply,
      enriched uranium production, energy technology programs, and the
      management of energy resource leasing procedures on Federal
      lands.
        (2) Energy research and development functions, 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 resources; and
          (E) the fuel cycle for nuclear energy resources.

        (3) Environmental responsibilities and functions, including
      advising the Secretary with respect to the conformance of the
      Department's activities to environmental protection laws and
      principles, and conducting a comprehensive program of research
      and development 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, Sec.
      3294(b), Oct. 5, 1999, 113 Stat. 970.
        (6) Intergovernmental policies and relations, including
      responsibilities for assuring that national energy policies are
      reflective of and responsible to the needs of State and local
      governments, and for assuring that other components of the
      Department coordinate their activities with State and local
      governments, where appropriate, and develop intergovernmental
      communications with State and local governments.
        (7) Competition and consumer affairs, including
      responsibilities for the promotion of competition in the energy
      industry and for the protection of the consuming public in the
      energy 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 responsibilities, including - 
          (A) the establishment of control over existing Government
        facilities for the treatment and storage of nuclear wastes,
        including all containers, casks, buildings, vehicles,
        equipment, and all other materials associated with such
        facilities;
          (B) the establishment of control over all existing nuclear
        waste in the possession or control of the Government and all
        commercial 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 effect
        title to such waste;
          (C) the establishment of temporary and permanent facilities
        for storage, management, 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 disposal of nuclear wastes;
          (F) the establishment of fees or user charges for nuclear
        waste treatment or storage facilities, including fees to be
        charged Government agencies; and
          (G) the promulgation of such rules and regulations to
        implement the authority described in this paragraph,

      except that nothing in this section shall be construed as
      granting to the Department regulatory 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 conservation strategies for the Nation, the
      planning and implementation of major research and demonstration
      programs for the development of technologies and processes to
      reduce total energy consumption, the administration of voluntary
      and mandatory energy conservation programs, and the dissemination
      to the public of all available information on energy conservation
      programs and measures.
        (10) Power marketing functions, including responsibility for
      marketing and transmission of Federal power.
        (11) Public and congressional relations functions, including
      responsibilities for providing a continuing liaison between the
      Department and the Congress and the Department and the public.

      (b) At the time the name of any individual is submitted for
    confirmation to the position of Assistant Secretary, the President
    shall identify with particularity the function or functions
    described in subsection (a) of this section (or any portion
    thereof) for which such individual will be responsible.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 203, Aug. 4, 1977, 91 Stat. 570;
    Pub. L. 106-65, div. C, title XXXII, Sec. 3294(a)(2), (b), Oct. 5,
    1999, 113 Stat. 970; Pub. L. 109-58, title X, Sec. 1006(b)(1), Aug.
    8, 2005, 119 Stat. 931.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a). Pub. L. 109-58 substituted "7" for "six" in
    introductory provisions.
      1999 - Subsec. (a). Pub. L. 106-65, Sec. 3294(a)(2), substituted
    "six" for "eight" in introductory provisions.
      Subsec. (a)(5). Pub. L. 106-65, Sec. 3294(b), struck out par. (5)
    which read as follows: "National security functions, including
    those transferred to the Department from the Energy Research and
    Development Administration which relate to management and
    implementation of the nuclear weapons program and other national
    security functions involving nuclear weapons research and
    development."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section
    3299 of Pub. L. 106-65, set out as an Effective Date note under
    section 2401 of Title 50, War and National Defense.

         FEDERAL POWER MARKETING ADMINISTRATION EMPLOYMENT LEVELS     
      Pub. L. 101-514, title V, Sec. 510, Nov. 5, 1990, 104 Stat. 2098,
    provided that no funds appropriated or made available were to be
    used by the executive branch to change employment levels determined
    by Administrators of the Federal Power Marketing Administrations to
    be necessary to carry out their responsibilities under this chapter
    and related laws, or to change employment levels of other
    Department of Energy programs to compensate for employment levels
    of the Federal Power Marketing Administrations, prior to repeal by
    Pub. L. 104-46, title V, Sec. 501, Nov. 13, 1995, 109 Stat. 419.

         MARKETING AND EXCHANGE OF SURPLUS ELECTRICITY FROM NAVAJO
                            GENERATING STATION
      Pub. L. 98-381, title I, Sec. 107, Aug. 17, 1984, 98 Stat. 1339,
    provided that:
      "(a) Subject to the provisions of any existing layoff contracts,
    electrical capacity and energy associated with the United States'
    interest in the Navajo generating station which is in excess of the
    pumping requirements of the Central Arizona project and any such
    needs for desalting and protective pumping facilities as may be
    required under section 101(b)(2)(B) of the Colorado River Basin
    Salinity Control Act of 1974, as amended [43 U.S.C. 1571(b)(2)(B)]
    (hereinafter in this Act referred to as 'Navajo surplus') shall be
    marketed and exchanged by the Secretary of Energy pursuant to this
    section.
      "(b) Navajo surplus shall be marketed by the Secretary of Energy
    pursuant to the plan adopted under subsection (c) of this section,
    directly to, with or through the Arizona Power Authority and/or
    other entities having the status of preference entities under the
    reclamation law in accordance with the preference provisions of
    section 9(c) of the Reclamation Project Act of 1939 [43 U.S.C.
    485h(c)] and as provided in part IV, section A of the Criteria.
      "(c) In the marketing and exchanging of Navajo surplus, the
    Secretary of the Interior shall adopt the plan deemed most
    acceptable, after consultation with the Secretary of Energy, the
    Governor of Arizona, and the Central Arizona Water Conservation
    District (or its successor in interest to the repayment obligation
    for the Central Arizona project), for the purposes of optimizing
    the availability of Navajo surplus and providing financial
    assistance in the timely construction and repayment of construction
    costs of authorized features of the Central Arizona project. The
    Secretary of the Interior, in concert with the Secretary of Energy,
    in accordance with section 14 of the Reclamation Project Act of
    1939 [43 U.S.C. 389], shall grant electrical power and energy
    exchange rights with Arizona entities as necessary to implement the
    adopted plan: Provided, however, That if exchange rights with
    Arizona entities are not required to implement the adopted plan,
    exchange rights may be offered to other entities.
      "(d) For the purposes provided in subsection (c) of this section,
    the Secretary of Energy, or the marketing entity or entities under
    the adopted plan, are authorized to establish and collect or cause
    to be established and collected, rate components, in addition to
    those currently authorized, and to deposit the revenues received in
    the Lower Colorado River Basin Development Fund to be available for
    such purposes and if required under the adopted plan, to credit,
    utilize, pay over directly or assign revenues from such additional
    rate components to make repayment and establish reserves for
    repayment of funds, including interest incurred, to entities which
    have advanced funds for the purposes of subsection (c) of this
    section: Provided, however, That rates shall not exceed levels that
    allow for an appropriate saving for the contractor.
      "(e) To the extent that this section may be in conflict with any
    other provision of law relating to the marketing and exchange of
    Navajo surplus, or to the disposition of any revenues therefrom,
    this section shall control."

-End-

-CITE-
    42 USC Sec. 7134                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7134. Federal Energy Regulatory Commission; compensation of
      Chairman and members

-STATUTE-
      There shall be within the Department, a Federal Energy Regulatory
    Commission established by subchapter IV of this chapter
    (hereinafter referred to in this chapter as the "Commission"). The
    Chairman shall be compensated at the rate provided for level III of
    the Executive Schedule under section 5314 of title 5. The other
    members of the Commission shall be compensated at the rate provided
    for level IV of the Executive Schedule under section 5315 of title
    5. The Chairman and members of the Commission shall be individuals
    who, by demonstrated ability, background, training, or experience,
    are specially qualified to assess fairly the needs and concerns of
    all interests affected by Federal energy policy.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 204, Aug. 4, 1977, 91 Stat. 571.)

-End-

-CITE-
    42 USC Sec. 7135                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7135. Energy Information Administration

-STATUTE-
    (a) Establishment; appointment of Administrator; compensation;
      qualifications; duties
      (1) There shall be within the Department an Energy Information
    Administration to be headed by an Administrator who shall be
    appointed by the President, by and with the advice and consent of
    the Senate, and who shall be compensated at the rate provided for
    in level IV of the Executive Schedule under section 5315 of title
    5. The Administrator shall be a person who, by reason of
    professional background and experience, is specially qualified to
    manage an energy information system.
      (2) The Administrator shall be responsible for carrying out a
    central, comprehensive, and unified energy data and information
    program which will collect, evaluate, assemble, analyze, and
    disseminate data and information which is relevant to energy
    resource reserves, energy production, demand, and technology, and
    related economic and statistical information, or which is relevant
    to the adequacy of energy resources to meet demands in the near and
    longer term future for the Nation's economic and social needs.
    (b) Delegation of functions
      The Secretary shall delegate to the Administrator (which
    delegation may be on a nonexclusive basis as the Secretary may
    determine may be necessary to assure the faithful execution of his
    authorities and responsibilities under law) the functions vested in
    him by law relating to gathering, analysis, and dissemination of
    energy information (as defined in section 796 of title 15) and the
    Administrator may act in the name of the Secretary for the purpose
    of obtaining enforcement of such delegated functions.
    (c) Functions of Director of Office of Energy Information and
      Analysis
      In addition to, and not in limitation of the functions delegated
    to the Administrator pursuant to other subsections of this section,
    there shall be vested in the Administrator, and he shall perform,
    the functions assigned to the Director of the Office of Energy
    Information and Analysis under part B of the Federal Energy
    Administration Act of 1974 [15 U.S.C. 790 et seq.], and the
    provisions of sections 53(d) and 59 thereof [15 U.S.C. 790b(d),
    790h] shall be applicable to the Administrator in the performance
    of any function under this chapter.
    (d) Collection or analysis of information and preparation of
      reports without approval
      The Administrator shall not be required to obtain the approval of
    any other officer or employee of the Department in connection with
    the collection or analysis of any information; nor shall the
    Administrator be required, prior to publication, to obtain the
    approval of any other officer or employee of the United States with
    respect to the substance of any statistical or forecasting
    technical reports which he has prepared in accordance with law.
    (e) Annual audit
      The Energy Information Administration shall be subject to an
    annual professional audit review of performance as described in
    section 55 (!1) of part B of the Federal Energy Administration Act
    of 1974.

    (f) Furnishing information or analysis to any other administration,
      commission, or office within Department
      The Administrator shall, upon request, promptly provide any
    information or analysis in his possession pursuant to this section
    to any other administration, commission, or office within the
    Department which such administration, commission, or office
    determines relates to the functions of such administration,
    commission, or office.
    (g) Availability of information to public
      Information collected by the Energy Information Administration
    shall be cataloged and, upon request, any such information shall be
    promptly made available to the public in a form and manner easily
    adaptable for public use, except that this subsection shall not
    require disclosure of matters exempted from mandatory disclosure by
    section 552(b) of title 5. The provisions of section 796(d) of
    title 15, and section 5916 of this title, shall continue to apply
    to any information obtained by the Administrator under such
    provisions.
    (h) Identification and designation of "major energy producing
      companies"; format for financial report; accounting practices;
      filing of financial report; annual report of Department;
      definitions; confidentiality
      (1)(A) In addition to the acquisition, collection, analysis, and
    dissemination of energy information pursuant to this section, the
    Administrator shall identify and designate "major energy-producing
    companies" which alone or with their affiliates are involved in one
    or more lines of commerce in the energy industry so that the energy
    information collected from such major energy-producing companies
    shall provide a statistically accurate profile of each line of
    commerce in the energy industry in the United States.
      (B) In fulfilling the requirements of this subsection the
    Administrator shall - 
        (i) utilize, to the maximum extent practicable, consistent with
      the faithful execution of his responsibilities under this
      chapter, reliable statistical sampling techniques; and
        (ii) otherwise give priority to the minimization of the
      reporting of energy information by small business.

      (2) The Administrator shall develop and make effective for use
    during the second full calendar year following August 4, 1977, the
    format for an energy-producing company financial report. Such
    report shall be designed to allow comparison on a uniform and
    standardized basis among energy-producing companies and shall
    permit for the energy-related activities of such companies - 
        (A) an evaluation of company revenues, profits, cash flow, and
      investments in total, for the energy-related lines of commerce in
      which such company is engaged and for all significant energy-
      related functions within such company;
        (B) an analysis of the competitive structure of sectors and
      functional groupings within the energy industry;
        (C) the segregation of energy information, including financial
      information, describing company operations by energy source and
      geographic area;
        (D) the determination of costs associated with exploration,
      development, production, processing, transportation, and
      marketing and other significant energy-related functions within
      such company; and
        (E) such other analyses or evaluations as the Administrator
      finds is necessary to achieve the purposes of this chapter.

      (3) The Administrator shall consult with the Chairman of the
    Securities and Exchange Commission with respect to the development
    of accounting practices required by the Energy Policy and
    Conservation Act [42 U.S.C. 6201 et seq.] to be followed by persons
    engaged in whole or in part in the production of crude oil and
    natural gas and shall endeavor to assure that the energy-producing
    company financial report described in paragraph (2) of this
    subsection, to the extent practicable and consistent with the
    purposes and provisions of this chapter, is consistent with such
    accounting practices where applicable.
      (4) The Administrator shall require each major energy-producing
    company to file with the Administrator an energy-producing company
    financial report on at least an annual basis and may request energy
    information described in such report on a quarterly basis if he
    determines that such quarterly report of information will
    substantially assist in achieving the purposes of this chapter.
      (5) A summary of information gathered pursuant to this section,
    accompanied by such analysis as the Administrator deems
    appropriate, shall be included in the annual report of the
    Department required by subsection (a) (!2) of section 7267 of this
    title.

      (6) As used in this subsection the term - 
        (A) "energy-producing company" means a person engaged in:
          (i) ownership or control of mineral fuel resources or
        nonmineral energy resources;
          (ii) exploration for, or development of, mineral fuel
        resources;
          (iii) extraction of mineral fuel or nonmineral energy
        resources;
          (iv) refining, milling, or otherwise processing mineral fuels
        or nonmineral energy resources;
          (v) storage of mineral fuels or nonmineral energy resources;
          (vi) the generation, transmission, or storage of electrical
        energy;
          (vii) transportation of mineral fuels or nonmineral energy
        resources by any means whatever; or
          (viii) wholesale or retail distribution of mineral fuels,
        nonmineral energy resources or electrical energy;

        (B) "energy industry" means all energy-producing companies; and
        (C) "person" has the meaning as set forth in section 796 of
      title 15.

      (7) The provisions of section 1905 of title 18 shall apply in
    accordance with its terms to any information obtained by the
    Administration pursuant to this subsection.
    (i) Manufacturers energy consumption survey
      (1) The Administrator shall conduct and publish the results of a
    survey of energy consumption in the manufacturing industries in the
    United States at least once every two years and in a manner
    designed to protect the confidentiality of individual responses. In
    conducting the survey, the Administrator shall collect information,
    including - 
        (A) quantity of fuels consumed;
        (B) energy expenditures;
        (C) fuel switching capabilities; and
        (D) use of nonpurchased sources of energy, such as solar, wind,
      biomass, geothermal, waste by-products, and cogeneration.

      (2) This subsection does not affect the authority of the
    Administrator to collect data under section 52 of the Federal
    Energy Administration Act of 1974 (15 U.S.C. 790a).
    (j) Collection and publication of survey results
      (1) The Administrator shall annually collect and publish the
    results of a survey of electricity production from domestic
    renewable energy resources, including production in kilowatt hours,
    total installed capacity, capacity factor, and any other measure of
    production efficiency. Such results shall distinguish between
    various renewable energy resources.
      (2) In carrying out this subsection, the Administrator shall - 
        (A) utilize, to the maximum extent practicable and consistent
      with the faithful execution of his responsibilities under this
      chapter, reliable statistical sampling techniques; and
        (B) otherwise take into account the reporting burdens of energy
      information by small businesses.

      (3) As used in this subsection, the term "renewable energy
    resources" includes energy derived from solar thermal, geothermal,
    biomass, wind, and photovoltaic resources.
    (k) Survey procedure
      Pursuant to section 52(a) of the Federal Energy Administration
    Act of 1974 (15 U.S.C. 790a(a)), the Administrator shall - 
        (1) conduct surveys of residential and commercial energy use at
      least once every 3 years, and make such information available to
      the public;
        (2) when surveying electric utilities, collect information on
      demand-side management programs conducted by such utilities,
      including information regarding the types of demand-side
      management programs being operated, the quantity of measures
      installed, expenditures on demand-side management programs,
      estimates of energy savings resulting from such programs, and
      whether the savings estimates were verified; and
        (3) in carrying out this subsection, take into account
      reporting burdens and the protection of proprietary information
      as required by law.
    (l) Data collection
      In order to improve the ability to evaluate the effectiveness of
    the Nation's energy efficiency policies and programs, the
    Administrator shall, in carrying out the data collection provisions
    of subsections (i) and (k) of this section, consider - 
        (1) expanding the survey instruments to include questions
      regarding participation in Government and utility conservation
      programs;
        (2) expanding fuel-use surveys in order to provide greater
      detail on energy use by user subgroups; and
        (3) expanding the scope of data collection on energy efficiency
      and load-management programs, including the effects of building
      construction practices such as those designed to obtain peak load
      shifting.
    (m) Renewable fuels survey
      (1) In order to improve the ability to evaluate the effectiveness
    of the Nation's renewable fuels mandate, the Administrator shall
    conduct and publish the results of a survey of renewable fuels
    demand in the motor vehicle fuels market in the United States
    monthly, and in a manner designed to protect the confidentiality of
    individual responses. In conducting the survey, the Administrator
    shall collect information both on a national and regional basis,
    including each of the following:
        (A) The quantity of renewable fuels produced.
        (B) The quantity of renewable fuels blended.
        (C) The quantity of renewable fuels imported.
        (D) The quantity of renewable fuels demanded.
        (E) Market price data.
        (F) Such other analyses or evaluations as the Administrator
      finds are necessary to achieve the purposes of this section.

      (2) The Administrator shall also collect or estimate information
    both on a national and regional basis, pursuant to subparagraphs
    (A) through (F) of paragraph (1), for the 5 years prior to
    implementation of this subsection.
      (3) This subsection does not affect the authority of the
    Administrator to collect data under section 52 of the Federal
    Energy Administration Act of 1974 (15 U.S.C. 790a).

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 205, Aug. 4, 1977, 91 Stat. 572;
    Pub. L. 99-509, title III, Sec. 3101(a), Oct. 21, 1986, 100 Stat.
    1888; Pub. L. 102-486, title I, Sec. 171, Oct. 24, 1992, 106 Stat.
    2864; Pub. L. 109-58, title XV, Sec. 1508, Aug. 8, 2005, 119 Stat.
    1083.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Energy Administration Act of 1974, referred to in
    subsec. (c), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as
    amended. Part B of the Federal Energy Administration Act of 1974 is
    classified generally to subchapter II (Sec. 790 et seq.) of chapter
    16B 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.
      Section 55 of part B of the Federal Energy Administration Act of
    1974, referred to in subsec. (e), was classified to section 790d of
    Title 15, Commerce and Trade, and was repealed by Pub. L. 104-66,
    title I, Sec. 1051(k), Dec. 21, 1995, 109 Stat. 717.
      The Energy Policy and Conservation Act, referred to in subsec.
    (h)(3), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended,
    which is classified principally to chapter 77 (Sec. 6201 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 6201 of this title and
    Tables.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (m). Pub. L. 109-58 added subsec. (m).
      1992 - Subsec. (i)(1). Pub. L. 102-486, Sec. 171(a)(1), in
    introductory provisions, substituted "at least once every two
    years" for "on at least a triennial basis".
      Subsec. (i)(1)(D). Pub. L. 102-486, Sec. 171(a)(2), amended
    subpar. (D) generally. Prior to amendment, subpar. (D) read as
    follows: "use of nonpurchased sources of energy, such as
    cogeneration and waste by-products."
      Subsecs. (j) to (l). Pub. L. 102-486, Sec. 171(b), added subsecs.
    (j) to (l).
      1986 - Subsec. (i). Pub. L. 99-509 added subsec. (i).

       END USE CONSUMPTION SURVEYS; MANUFACTURING ENERGY CONSUMPTION
                                  SURVEY
      Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996,
    110 Stat. 1321-156, 1321-188; renumbered title I, Pub. L. 104-140,
    Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That
    notwithstanding section 4(d) of the Service Contract Act of 1965
    (41 U.S.C. 353(d)) or any other provision of law, funds
    appropriated under this heading [DEPARTMENT OF ENERGY, energy
    information administration] hereafter may be used to enter into a
    contract for end use consumption surveys for a term not to exceed
    eight years: Provided further, That notwithstanding any other
    provision of law, hereafter the Manufacturing Energy Consumption
    Survey shall be conducted on a triennial basis."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Section 7267 of this title was enacted
         without a subsec. (a).

-End-

-CITE-
    42 USC Sec. 7135a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7135a. Delegation by Secretary of Energy of energy research,
      etc., functions to Administrator of Energy Information
      Administration; prohibition against required delegation;
      utilization of capabilities by Secretary

-STATUTE-
      Notwithstanding any other provision of law, the Secretary of
    Energy shall not be required to delegate to the Administrator of
    the Energy Information Administration any energy research,
    development, and demonstration function vested in the Secretary,
    pursuant to the Atomic Energy Act [42 U.S.C. 2011 et seq.], the
    Federal Nonnuclear Energy Research and Development Act [42 U.S.C.
    5901 et seq.], the Geothermal Research, Development and
    Demonstration Act [30 U.S.C. 1101 et seq.], the Electric and Hybrid
    Vehicle Research, Development and Demonstration Act [15 U.S.C. 2501
    et seq.], the Solar Heating and Cooling Demonstration Act [42
    U.S.C. 5501 et seq.], the Solar Energy Research, Development and
    Demonstration Act [42 U.S.C. 5551 et seq.], and the Energy
    Reorganization Act [42 U.S.C. 5801 et seq.]. Additionally, the
    Secretary may utilize the capabilities of the Energy Information
    Administration as he deems appropriate for the conduct of such
    programs.

-SOURCE-
    (Pub. L. 95-238, title I, Sec. 104(b), Feb. 25, 1978, 92 Stat. 53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act, referred to in text, probably means the
    Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by
    act Aug. 30, 1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended,
    which is classified generally to chapter 23 (Sec. 2011 et seq.) of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 2011 of this title and
    Tables.
      The Federal Nonnuclear Energy Research and Development Act,
    referred to in text, probably means the Federal Nonnuclear Energy
    Research and Development Act of 1974, Pub. L. 93-577, Dec. 31,
    1974, 88 Stat. 1878, as amended, which is classified generally to
    chapter 74 (Sec. 5901 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5901 of this title and Tables.
      The Geothermal Research, Development, and Demonstration Act,
    referred to in text, probably means the Geothermal Energy,
    Research, Development, and Demonstration Act of 1974, Pub. L. 93-
    410, Sept. 3, 1974, 88 Stat. 1079, as amended, which is classified
    generally to chapter 24 (Sec. 1101 et seq.) of Title 30, Mineral
    Lands and Mining. For complete classification of this Act to the
    Code, see Short Title note set out under section 1101 of Title 30
    and Tables.
      The Electric and Hybrid Vehicle Research, Development and
    Demonstration Act, referred to in text, probably means the Electric
    and Hybrid Vehicle Research, Development, and Demonstration Act of
    1976, Pub. L. 94-413, Sept. 17, 1976, 90 Stat. 1260, as amended,
    which is classified generally to chapter 52 (Sec. 2501 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 2501 of
    Title 15 and Tables.
      The Solar Heating and Cooling Demonstration Act, referred to in
    text, probably means the Solar Heating and Cooling Demonstration
    Act of 1974, Pub. L. 93-409, Sept. 3, 1974, 88 Stat. 1069, as
    amended, which is classified generally to subchapter I (Sec. 5501
    et seq.) of chapter 71 of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    5501 of this title and Tables.
      The Solar Energy Research, Development, and Demonstration Act,
    referred to in text, probably means the Solar Energy Research,
    Development, and Demonstration Act of 1974, Pub. L. 93-473, Oct.
    26, 1974, 88 Stat. 1431, as amended, which is classified generally
    to subchapter II (Sec. 5551 et seq.) of chapter 71 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 5501 of this title and Tables.
      The Energy Reorganization Act, referred to in text, probably
    means the Energy Reorganization Act of 1974, Pub. L. 93-438, Oct.
    11, 1974, 88 Stat. 1233, as amended, which is classified
    principally to chapter 73 (Sec. 5801 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 5801 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Energy Act of
    1978 - Civilian Applications, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7136                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7136. Economic Regulatory Administration; appointment of
      Administrator; compensation; qualifications; functions

-STATUTE-
      (a) There shall be within the Department an Economic Regulatory
    Administration to be headed by an Administrator, who shall be
    appointed by the President, by and with the advice and consent of
    the Senate, and who shall be compensated at a rate provided for
    level IV of the Executive Schedule under section 5315 of title 5.
    Such Administrator shall be, by demonstrated ability, background,
    training, or experience, an individual who is specially qualified
    to assess fairly the needs and concerns of all interests affected
    by Federal energy policy. The Secretary shall by rule provide for a
    separation of regulatory and enforcement functions assigned to, or
    vested in, the Administration.
      (b) Consistent with the provisions of subchapter IV of this
    chapter, the Secretary shall utilize the Economic Regulatory
    Administration to administer such functions as he may consider
    appropriate.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 206, Aug. 4, 1977, 91 Stat. 574.)

-End-

-CITE-
    42 USC Sec. 7137                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7137. Functions of Comptroller General

-STATUTE-
      The functions of the Comptroller General of the United States
    under section 771 of title 15 shall apply with respect to the
    monitoring and evaluation of all functions and activities of the
    Department under this chapter or any other Act administered by the
    Department.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 207, Aug. 4, 1977, 91 Stat. 574.)

-End-

-CITE-
    42 USC Sec. 7138                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7138. Repealed. Pub. L. 100-504, title I, Sec. 102(e)(1)(A),
      Oct. 18, 1988, 102 Stat. 2517

-MISC1-
      Section, Pub. L. 95-91, title II, Sec. 208, Aug. 4, 1977, 91
    Stat. 575; Pub. L. 96-226, title II, Sec. 202, Apr. 3, 1980, 94
    Stat. 315; Pub. L. 97-375, title II, Sec. 205, Dec. 21, 1982, 96
    Stat. 1823, related to the Office of Inspector General in the
    Department of Energy, providing for (a) appointment and
    confirmation of Inspector General and Deputy Inspector General,
    removal, assistants, and compensation; (b) duties and
    responsibilities of Inspector General; (c) semiannual reports to
    Secretary and Congress; (d) report on problems, abuses, or
    deficiencies relating to administration of Department programs and
    operations; (e) additional investigations and reports; (f)
    transmittal of reports, information, or documents without clearance
    or approval; (g) additional authority of Inspector General; (h)
    auditing requirements; (i) avoidance of duplication and
    coordination and cooperation with activities of Comptroller
    General; and (j) report of violations of Federal criminal law to
    Attorney General. See section 9 of Pub. L. 95-452, Inspector
    General Act of 1978, as amended, set out in the Appendix to Title
    5, Government Organization and Employees.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective 180 days after Oct. 18, 1988, see section 113 of
    Pub. L. 100-504, set out as an Effective Date of 1988 Amendment
    note under section 5 of Pub. L. 95-452 [Inspector General Act of
    1978] in the Appendix to Title 5, Government Organization and
    Employees.

-End-

-CITE-
    42 USC Sec. 7139                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7139. Office of Science; establishment; appointment of
      Director; compensation; duties

-STATUTE-
      (a) There shall be within the Department an Office of Science to
    be headed by a Director, who shall be appointed by the President,
    by and with the advice and consent of the Senate, and who shall be
    compensated at the rate provided for level IV of the Executive
    Schedule under section 5315 of title 5.
      (b) It shall be the duty and responsibility of the Director - 
        (1) to advise the Secretary with respect to the physical
      research program transferred to the Department from the Energy
      Research and Development Administration;
        (2) to monitor the Department's energy research and development
      programs in order to advise the Secretary with respect to any
      undesirable duplication or gaps in such programs;
        (3) to advise the Secretary with respect to the well-being and
      management of the multipurpose laboratories under the
      jurisdiction of the Department, excluding laboratories that
      constitute part of the nuclear weapons complex;
        (4) to advise the Secretary with respect to education and
      training activities required for effective short- and long-term
      basic and applied research activities of the Department;
        (5) to 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
      Department; and
        (6) to carry out such additional duties assigned to the Office
      by the Secretary.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 209, Aug. 4, 1977, 91 Stat. 577;
    Pub. L. 105-245, title III, Sec. 309(a), Oct. 7, 1998, 112 Stat.
    1853; Pub. L. 109-58, title X, Sec. 1006(c)(4), Aug. 8, 2005, 119
    Stat. 932.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(6). Pub. L. 109-58 added par. (6) and struck
    out former par. (6) which read as follows: "to carry out such
    additional duties assigned to the Office by the Secretary relating
    to basic and applied research, including but not limited to
    supervision or support of research activities carried out by any of
    the Assistant Secretaries designated by section 7133 of this title,
    as the Secretary considers advantageous."
      1998 - Pub. L. 105-245 substituted "Office of Science" for
    "Office of Energy Research" in section catchline and in subsec.
    (a).

-End-

-CITE-
    42 USC Sec. 7140                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7140. Leasing Liaison Committee; establishment; composition

-STATUTE-
      There is established a Leasing Liaison Committee which shall be
    composed of an equal number of members appointed by the Secretary
    and the Secretary of the Interior.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 210, Aug. 4, 1977, 91 Stat. 577.)

-End-

-CITE-
    42 USC Sec. 7141                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7141. Office of Minority Economic Impact

-STATUTE-
    (a) Establishment; appointment of Director; compensation
      There shall be established within the Department an Office of
    Minority Economic Impact. The Office shall be headed by a Director,
    who shall be appointed by the President, by and with the advice and
    consent of the Senate. The Director shall be compensated at the
    rate provided for level IV of the Executive Schedule under section
    5315 of title 5.
    (b) Advice to Secretary on effect of energy policies, regulations,
      and other actions of Department respecting minority participation
      in energy programs
      The Director shall have the duty and responsibility to advise the
    Secretary on the effect of energy policies, regulations, and other
    actions of the Department and its components on minorities and
    minority business enterprises and on ways to insure that minorities
    are afforded an opportunity to participate fully in the energy
    programs of the Department.
    (c) Research programs respecting effects of national energy
      programs, policies, and regulations of Department on minorities
      The Director shall conduct an ongoing research program, with the
    assistance of the Administrator of the Energy Information
    Administration, and such other Federal agencies as the Director
    determines appropriate, to determine the effects (including the
    socio-economic and environmental effects) of national energy
    programs, policies, and regulations of the Department on
    minorities. In conducting such program, the Director shall, from
    time to time, develop and recommend to the Secretary policies to
    assist, where appropriate, such minorities and minority business
    enterprises concerning such effects. In addition, the Director
    shall, to the greatest extent practicable - 
        (1) determine the average energy consumption and use patterns
      of minorities relative to other population categories;
        (2) evaluate the percentage of disposable income spent on
      energy by minorities relative to other population categories; and
        (3) determines how programs, policies, and actions of the
      Department and its components affect such consumption and use
      patterns and such income.
    (d) Management and technical assistance to minority educational
      institutions and business enterprises to foster participation in
      research, development, demonstration, and contract activities of
      Department
      The Director may provide the management any (!1) technical
    assistance he considers appropriate to minority educational
    institutions and minority business enterprises to enable these
    enterprises and institutions to participate in the research,
    development, demonstration, and contract activities of the
    Department. In carrying out his functions under this section, the
    Director may enter into contracts, in accordance with section 7256
    of this title and other applicable provisions of law, with any
    person, including minority educational institutions, minority
    business enterprises, and organizations the primary purpose of
    which is to assist the development of minority communities. The
    management and technical assistance may include - 

        (1) a national information clearinghouse which will develop and
      disseminate information on the aspects of energy programs to
      minority business enterprises, minority educational institutions
      and other appropriate minority organizations;
        (2) market research, planning economic and business analysis,
      and feasibility studies to identify and define economic
      opportunities for minorities in energy research, production,
      conservation, and development;
        (3) technical assistance programs to encourage, promote, and
      assist minority business enterprises in establishing and
      expanding energy-related business opportunities which are located
      in minority communities and that can provide jobs to workers in
      such communities; and
        (4) programs to assist minority business enterprises in the
      commercial application of energy-related technologies.
    (e) Loans to minority business enterprises; restriction on use of
      funds; interest; deposits into Treasury
      (1) The Secretary, acting through the Office, may provide
    financial assistance in the form of loans to any minority business
    enterprise under such rules as he shall prescribe to assist such
    enterprises in participating fully in research, development,
    demonstration, and contract activities of the Department to the
    extent he considers appropriate. He shall limit the use of
    financial assistance to providing funds necessary for such
    enterprises to bid for and obtain contracts or other agreements,
    and shall limit the amount of the financial assistance to any
    recipient to not more than 75 percent of such costs.
      (2) The Secretary shall determine the rate of interest on loans
    under this section in consultation with the Secretary of the
    Treasury.
      (3) The Secretary shall deposit into the Treasury as
    miscellaneous receipts amounts received in connection with the
    repayment and satisfaction of such loans.
    (f) Definitions
      As used in this section, the term - 
        (1) "minority" means any individual who is a citizen of the
      United States and who is a Negro, Puerto Rican, American Indian,
      Eskimo, Oriental, or Aleut or is a Spanish speaking individual of
      Spanish descent;
        (2) "minority business enterprise" means a firm, corporation,
      association, or partnership which is at least 50 percent owned or
      controlled by a minority or group of minorities; and
        (3) "minority educational institution" means an educational
      institution with an enrollment in which a substantial proportion
      (as determined by the Secretary) of the students are minorities.
    (g) Authorization of appropriations
      There is authorized to be appropriated to the Secretary to carry
    out the functions of the Office not to exceed $3,000,000 for fiscal
    year 1979, not to exceed $5,000,000 for fiscal year 1980, and not
    to exceed $6,000,000 for fiscal year 1981. Of the amounts so
    appropriated each fiscal year, not less than 50 percent shall be
    available for purposes of financial assistance under subsection (e)
    of this section.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 211, as added Pub. L. 95-619, title
    VI, Sec. 641, Nov. 9, 1978, 92 Stat. 3284.)

-FOOTNOTE-
    (!1) So in original. Probably should be "and".

-End-

-CITE-
    42 USC Sec. 7142                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7142. National Atomic Museum

-STATUTE-
    (a) Recognition and status
      The museum operated by the Department of Energy and currently
    located at Building 20358 on Wyoming Avenue South near the corner
    of M street within the confines of the Kirtland Air Force Base
    (East), Albuquerque, New Mexico - 
        (1) is recognized as the official atomic museum of the United
      States;
        (2) shall be known as the "National Atomic Museum"; and
        (3) shall have the sole right throughout the United States and
      its possessions to have and use the name "National Atomic
      Museum".
    (b) Volunteers
      (1) In operating the National Atomic Museum, the Secretary of
    Energy may - 
        (A) recruit, train, and accept the services of individuals
      without compensation as volunteers for, or in aid of,
      interpretive functions or other services or activities of and
      related to the museum; and
        (B) provide to volunteers incidental expenses, such as nominal
      awards, uniforms, and transportation.

      (2) Except as provided in paragraphs (3) and (4), a volunteer who
    is not otherwise employed by the Federal Government is not subject
    to laws relating to Federal employment, including those relating to
    hours of work, rates of compensation, leave, unemployment
    compensation, and Federal employee benefits, because of service as
    a volunteer under this subsection.
      (3) For purposes of chapter 171 of title 28 (relating to tort
    claims), a volunteer under this subsection is considered a Federal
    employee.
      (4) For the purposes of subchapter I of chapter 81 of title 5
    (relating to compensation for work-related injuries), a volunteer
    under this subsection is considered an employee of the United
    States.
    (c) Authority
      (1) In operating the National Atomic Museum, the Secretary of
    Energy may - 
        (A) accept and use donations of money or gifts pursuant to
      section 7262 (!1) of this title, if such gifts or money are
      designated in a written document signed by the donor as intended
      for the museum, and such donations or gifts are determined by the
      Secretary to be suitable and beneficial for use by the museum;

        (B) operate a retail outlet on the premises of the museum for
      the purpose of selling or distributing mementos, replicas of
      memorabilia, literature, materials, and other items of an
      informative, educational, and tasteful nature relevant to the
      contents of the museum; and
        (C) exhibit, perform, display, and publish information and
      materials concerning museum mementos, items, memorabilia, and
      replicas thereof in any media or place anywhere in the world, at
      reasonable fees or charges where feasible and appropriate, to
      substantially cover costs.

      (2) The net proceeds of activities authorized under subparagraphs
    (B) and (C) of paragraph (1) may be used by the National Atomic
    Museum for activities of the museum.

-SOURCE-
    (Pub. L. 102-190, div. C, title XXXI, Sec. 3137, Dec. 5, 1991, 105
    Stat. 1578; Pub. L. 103-35, title II, Sec. 203(b)(4), May 31, 1993,
    107 Stat. 102.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7262 of this title, referred to in subsec. (c)(1)(A), was
    repealed by Pub. L. 104-206, title V, Sec. 502, Sept. 30, 1996, 110
    Stat. 3002.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993, and not as part of the
    Department of Energy Organization Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1993 - Subsec. (c)(1). Pub. L. 103-35 struck out comma after
    "Secretary of Energy" in introductory provisions.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7142a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7142a. Designation of American Museum of Science and Energy

-STATUTE-
    (a) In general
      The Museum - 
        (1) is designated as the "American Museum of Science and
      Energy"; and
        (2) shall be the official museum of science and energy of the
      United States.
    (b) References
      Any reference in a law, map, regulation, document, paper, or
    other record of the United States to the Museum is deemed to be a
    reference to the "American Museum of Science and Energy".
    (c) Property of the United States
      (1) In general
        The name "American Museum of Science and Energy" is declared
      the property of the United States.
      (2) Use
        The Museum shall have the sole right throughout the United
      States and its possessions to have and use the name "American
      Museum of Science and Energy".
      (3) Effect on other rights
        This subsection shall not be construed to conflict or interfere
      with established or vested rights.

-SOURCE-
    (Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 401], Dec.
    21, 2000, 114 Stat. 2763, 2763A-266.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Miscellaneous Appropriations
    Act, 2001, and also as part of the Consolidated Appropriations Act,
    2001, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7142b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7142b. Authority

-STATUTE-
      To carry out the activities of the Museum, the Secretary may - 
        (1) accept and dispose of any gift, devise, or bequest of
      services or property, real or personal, that is - 
          (A) designated in a written document by the person making the
        gift, devise, or bequest as intended for the Museum; and
          (B) determined by the Secretary to be suitable and beneficial
        for use by the Museum;

        (2) operate a retail outlet on the premises of the Museum for
      the purpose of selling or distributing items (including mementos,
      food, educational materials, replicas, and literature) that are -
      
          (A) relevant to the contents of the Museum; and
          (B) informative, educational, and tasteful;

        (3) collect reasonable fees where feasible and appropriate;
        (4) exhibit, perform, display, and publish materials and
      information of or relating to the Museum in any media or place;
        (5) consistent with guidelines approved by the Secretary, lease
      space on the premises of the Museum at reasonable rates and for
      uses consistent with such guidelines; and
        (6) use the proceeds of activities authorized under this
      section to pay the costs of the Museum.

-SOURCE-
    (Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 402], Dec.
    21, 2000, 114 Stat. 2763, 2763A-267.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Miscellaneous Appropriations
    Act, 2001, and also as part of the Consolidated Appropriations Act,
    2001, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7142c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7142c. Museum volunteers

-STATUTE-
    (a) Authority to use volunteers
      The Secretary may recruit, train, and accept the services of
    individuals or entities as volunteers for services or activities
    related to the Museum.
    (b) Status of volunteers
      (1) In general
        Except as provided in paragraph (2), service by a volunteer
      under subsection (a) of this section shall not be considered
      Federal employment.
      (2) Exceptions
        (A) Federal Tort Claims Act
          For purposes of chapter 171 of title 28, a volunteer under
        subsection (a) of this section shall be treated as an employee
        of the Government (as defined in section 2671 of that title).
        (B) Compensation for work injuries
          For purposes of subchapter I of chapter 81 of title 5, a
        volunteer described in subsection (a) of this section shall be
        treated as an employee (as defined in section 8101 of title 5).
    (c) Compensation
      A volunteer under subsection (a) of this section shall serve
    without pay, but may receive nominal awards and reimbursement for
    incidental expenses, including expenses for a uniform or
    transportation in furtherance of Museum activities.

-SOURCE-
    (Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 403], Dec.
    21, 2000, 114 Stat. 2763, 2763A-267.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Miscellaneous Appropriations
    Act, 2001, and also as part of the Consolidated Appropriations Act,
    2001, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7142d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7142d. Definitions

-STATUTE-
      For purposes of sections 7142a to 7142d of this title:
      (1) Museum
        The term "Museum" means the museum operated by the Secretary of
      Energy and located at 300 South Tulane Avenue in Oak Ridge,
      Tennessee.
      (2) Secretary
        The term "Secretary" means the Secretary of Energy or a
      designated representative of the Secretary.

-SOURCE-
    (Pub. L. 106-554, Sec. 1(a)(4) [div. B, title IV, Sec. 404], Dec.
    21, 2000, 114 Stat. 2763, 2763A-268.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 7142a to 7142d of this title, referred to in text, was
    in the original "this Act", and was translated as reading "this
    title", meaning Sec. 1(a)(4) [div. B, title IV] of Pub. L. 106-554,
    which enacted sections 7142a to 7142d of this title, to reflect the
    probable intent of Congress.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Miscellaneous Appropriations
    Act, 2001, and also as part of the Consolidated Appropriations Act,
    2001, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7143                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7143. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.
      3294(d)(1), Oct. 5, 1999, 113 Stat. 970

-MISC1-
      Section, Pub. L. 95-91, title II, Sec. 212, as added Pub. L. 103-
    337, div. C, title XXXI, Sec. 3158(a), Oct. 5, 1994, 108 Stat.
    3093, established the Office of Fissile Materials Disposition.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106-
    65, set out as an Effective Date note under section 2401 of Title
    50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7144                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7144. Establishment of policy for National Nuclear Security
      Administration

-STATUTE-
    (a) Responsibility for establishing policy
      The Secretary shall be responsible for establishing policy for
    the National Nuclear Security Administration.
    (b) Review of programs and activities
      The Secretary may direct officials of the Department who are not
    within the National Nuclear Security Administration to review the
    programs and activities of the Administration and to make
    recommendations to the Secretary regarding administration of those
    programs and activities, including consistency with other similar
    programs and activities of the Department.
    (c) Staff
      The Secretary shall have adequate staff to support the Secretary
    in carrying out the Secretary's responsibilities under this
    section.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 213, as added Pub. L. 106-65, div.
    C, title XXXII, Sec. 3203(a), Oct. 5, 1999, 113 Stat. 954.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106-
    65, set out as a note under section 2401 of Title 50, War and
    National Defense.

-End-

-CITE-
    42 USC Sec. 7144a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7144a. Establishment of security, counterintelligence, and
      intelligence policies

-STATUTE-
      The Secretary shall be responsible for developing and
    promulgating the security, counterintelligence, and intelligence
    policies of the Department. The Secretary may use the immediate
    staff of the Secretary to assist in developing and promulgating
    those policies.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 214, as added Pub. L. 106-65, div.
    C, title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 955.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 5, 1999, see section 3299 of Pub. L. 106-
    65, set out as a note under section 2401 of Title 50, War and
    National Defense.

-End-

-CITE-
    42 USC Sec. 7144b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7144b. Office of Counterintelligence

-STATUTE-
    (a) Establishment
      There is within the Department an Office of Counterintelligence.
    (b) Director
      (1) The head of the Office shall be the Director of the Office of
    Counterintelligence, which shall be a position in the Senior
    Executive Service. The Director of the Office shall report directly
    to the Secretary.
      (2) The Secretary shall select the Director of the Office from
    among individuals who have substantial expertise in matters
    relating to counterintelligence.
      (3) The Director of the Federal Bureau of Investigation may
    detail, on a reimbursable basis, any employee of the Bureau to the
    Department for service as Director of the Office. The service of an
    employee of the Bureau as Director of the Office shall not result
    in any loss of status, right, or privilege by the employee within
    the Bureau.
    (c) Duties
      (1) The Director of the Office shall be responsible for
    establishing policy for counterintelligence programs and activities
    at Department facilities in order to reduce the threat of
    disclosure or loss of classified and other sensitive information at
    such facilities.
      (2) The Director of the Office shall be responsible for
    establishing policy for the personnel assurance programs of the
    Department.
      (3) The Director shall inform the Secretary, the Director of
    Central Intelligence, and the Director of the Federal Bureau of
    Investigation on a regular basis, and upon specific request by any
    such official, regarding the status and effectiveness of the
    counterintelligence programs and activities at Department
    facilities.
    (d) Annual reports
      (1) Not later than March 1 each year, the Director of the Office
    shall submit a report on the status and effectiveness of the
    counterintelligence programs and activities at each Department
    facility during the preceding year. Each such report shall be
    submitted to the following:
        (A) The Secretary.
        (B) The Director of Central Intelligence.
        (C) The Director of the Federal Bureau of Investigation.
        (D) The Committee on Armed Services and the Permanent Select
      Committee on Intelligence of the House of Representatives.
        (E) The Committee on Armed Services and the Select Committee on
      Intelligence of the Senate.

      (2) Each such report shall include for the year covered by the
    report the following:
        (A) A description of the status and effectiveness of the
      counterintelligence programs and activities at Department
      facilities.
        (B) A description of any violation of law or other requirement
      relating to intelligence, counterintelligence, or security at
      such facilities, including - 
          (i) the number of violations that were investigated; and
          (ii) the number of violations that remain unresolved.

        (C) A description of the number of foreign visitors to
      Department facilities, including the locations of the visits of
      such visitors.
        (D) The adequacy of the Department's procedures and policies
      for protecting national security information, making such
      recommendations to Congress as may be appropriate.
        (E) A determination of whether each Department of Energy
      national laboratory is in full compliance with all departmental
      security requirements and, in the case of any such laboratory
      that is not, what measures are being taken to bring that
      laboratory into compliance.

      (3) Not less than 30 days before the date that the report
    required by paragraph (1) is submitted, the director of each
    Department of Energy national laboratory shall certify in writing
    to the Director of the Office whether that laboratory is in full
    compliance with all departmental security requirements and, if not,
    what measures are being taken to bring that laboratory into
    compliance and a schedule for implementing those measures.
      (4) Each report under this subsection as submitted to the
    committees referred to in subparagraphs (D) and (E) of paragraph
    (1) shall be submitted in unclassified form, but may include a
    classified annex.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 215, as added Pub. L. 106-65, div.
    C, title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 955.)

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 5, 1999, see section 3299 of Pub. L. 106-
    65, set out as a note under section 2401 of Title 50, War and
    National Defense.

-End-

-CITE-
    42 USC Sec. 7144c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7144c. Office of Intelligence

-STATUTE-
    (a) Establishment
      There is within the Department an Office of Intelligence.
    (b) Director
      (1) The head of the Office shall be the Director of the Office of
    Intelligence, which shall be a position in the Senior Executive
    Service. The Director of the Office shall report directly to the
    Secretary.
      (2) The Secretary shall select the Director of the Office from
    among individuals who have substantial expertise in matters
    relating to foreign intelligence.
    (c) Duties
      Subject to the authority, direction, and control of the
    Secretary, the Director of the Office shall perform such duties and
    exercise such powers as the Secretary may prescribe.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 216, as added Pub. L. 106-65, div.
    C, title XXXII, Sec. 3204(a), Oct. 5, 1999, 113 Stat. 956.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 5, 1999, see section 3299 of Pub. L. 106-
    65, set out as a note under section 2401 of Title 50, War and
    National Defense.

-End-

-CITE-
    42 USC Sec. 7144d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7144d. Office of Arctic Energy

-STATUTE-
    (a) Establishment
      The Secretary of Energy may establish within the Department of
    Energy an Office of Arctic Energy.
    (b) Purposes
      The purposes of such office shall be as follows:
        (1) To promote research, development, and deployment of
      electric power technology that is cost-effective and especially
      well suited to meet the needs of rural and remote regions of the
      United States, especially where permafrost is present or located
      nearby.
        (2) To promote research, development, and deployment in such
      regions of - 
          (A) enhanced oil recovery technology, including heavy oil
        recovery, reinjection of carbon, and extended reach drilling
        technologies;
          (B) gas-to-liquids technology and liquified natural gas
        (including associated transportation systems);
          (C) small hydroelectric facilities, river turbines, and tidal
        power;
          (D) natural gas hydrates, coal bed methane, and shallow bed
        natural gas; and
          (E) alternative energy, including wind, geothermal, and fuel
        cells.
    (c) Location
      The Secretary shall locate such office at a university with
    expertise and experience in the matters specified in subsection (b)
    of this section.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3197], Oct. 30,
    2000, 114 Stat. 1654, 1654A-482.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Floyd D. Spence National
    Defense Authorization Act for Fiscal Year 2001, and not as part of
    the Department of Energy Organization Act which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 7144e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER II - ESTABLISHMENT OF DEPARTMENT

-HEAD-
    Sec. 7144e. Office of Indian Energy Policy and Programs

-STATUTE-
    (a) Establishment
      There is established within the Department an Office of Indian
    Energy Policy and Programs (referred to in this section as the
    "Office"). The Office shall be headed by a Director, who shall be
    appointed by the Secretary and compensated at a rate equal to that
    of level IV of the Executive Schedule under section 5315 of title
    5.
    (b) Duties of Director
      The Director, in accordance with Federal policies promoting
    Indian self-determination and the purposes of this chapter, shall
    provide, direct, foster, coordinate, and implement energy planning,
    education, management, conservation, and delivery programs of the
    Department that - 
        (1) promote Indian tribal energy development, efficiency, and
      use;
        (2) reduce or stabilize energy costs;
        (3) enhance and strengthen Indian tribal energy and economic
      infrastructure relating to natural resource development and
      electrification; and
        (4) bring electrical power and service to Indian land and the
      homes of tribal members located on Indian lands or acquired,
      constructed, or improved (in whole or in part) with Federal
      funds.

-SOURCE-
    (Pub. L. 95-91, title II, Sec. 217, as added Pub. L. 109-58, title
    V, Sec. 502(a), Aug. 8, 2005, 119 Stat. 763.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b), was in the original
    "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as
    amended, 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.

-End-

-CITE-
    42 USC SUBCHAPTER III - TRANSFERS OF FUNCTIONS              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
                  SUBCHAPTER III - TRANSFERS OF FUNCTIONS              

-End-

-CITE-
    42 USC Sec. 7151                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7151. General transfers

-STATUTE-
      (a) Except as otherwise provided in this chapter, there are
    transferred to, and vested in, the Secretary all of the functions
    vested by law in the Administrator of the Federal Energy
    Administration or the Federal Energy Administration, the
    Administrator of the Energy Research and Development Administration
    or the Energy Research and Development Administration; and the
    functions vested by law in the officers and components of either
    such Administration.
      (b) Except as provided in subchapter IV of this chapter, there
    are transferred to, and vested in, the Secretary the function of
    the Federal Power Commission, or of the members, officers, or
    components thereof. The Secretary may exercise any power described
    in section 7172(a)(2) of this title to the extent the Secretary
    determines such power to be necessary to the exercise of any
    function within his jurisdiction pursuant to the preceding
    sentence.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 301, Aug. 4, 1977, 91 Stat. 577.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as
    amended, 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.

-TRANS-
                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to the
    Secretary of Energy, see Parts 1, 2, and 7 of Ex. Ord. No. 12656,
    Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195
    of this title.

-EXEC-
     EX. ORD. NO. 12038. TRANSFER OF CERTAIN FUNCTIONS TO SECRETARY OF
                                  ENERGY
      Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, as amended by Ex.
    Ord. No. 12156, Sept. 10, 1979, 44 F.R. 53073, provided:
      By virtue of the authority vested in me as President of the
    United States of America, in order to reflect the responsibilities
    of the Secretary of Energy for the performance of certain functions
    previously vested in other officers of the United States by
    direction of the President and subsequently transferred to the
    Secretary of Energy pursuant to the Department of Energy
    Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.) it is
    hereby ordered as follows:
      Section 1. Functions of the Federal Energy Administration. In
    accordance with the transfer of all functions vested by law in the
    Federal Energy Administration, or the Administrator thereof, to the
    Secretary of Energy pursuant to Section 301(a) of the Department of
    Energy Organization Act [subsec. (a) of this section], hereinafter
    referred to as the Act, the Executive Orders and Proclamations
    referred to in this Section, which conferred authority or
    responsibility upon the Administrator of the Federal Energy
    Administration, are amended as follows:
      (a) Executive Order No. 11647, as amended [formerly set out as a
    note under 31 U.S.C. 501], relating to Federal Regional Councils,
    is further amended by deleting "The Federal Energy Administration"
    in Section 1(a)(10) and substituting "The Department of Energy",
    and by deleting "The Deputy Administrator of the Federal Energy
    Administration" in Section 3(a)(10) and substituting "The Deputy
    Secretary of Energy".
      (b) Executive Order No. 11790 of June 25, 1974 [set out as a note
    under 15 U.S.C. 761], relating to the Federal Energy Administration
    Act of 1974, is amended by deleting "Administrator of the Federal
    Energy Administration" and "Administrator" wherever they appear in
    Sections 1 through 6 and substituting "Secretary of Energy" and
    "Secretary", respectively, and by deleting Section 7 through 10.
      (c) Executive Order No. 11912, as amended [set out as a note
    under 42 U.S.C. 6201], relating to energy policy and conservation,
    and Proclamation No. 3279, as amended [set out as a note under 19
    U.S.C. 1862], relating to imports of petroleum and petroleum
    products, are further amended by deleting "Administrator of the
    Federal Energy Administration", "Federal Energy Administration",
    and "Administrator" (when used in reference to the Federal Energy
    Administration) wherever those terms appear and by substituting
    "Secretary of Energy", "Department of Energy", and "Secretary",
    respectively, and by deleting "the Administrator of Energy Research
    and Development" in Section 10(a)(1) of Executive Order No. 11912,
    as amended.
      Sec. 2. Functions of the Federal Power Commission. In accordance
    with the transfer of functions vested in the Federal Power
    Commission to the Secretary of Energy pursuant to Section 301(b) of
    the Act [subsec. (b) of this section], the Executive Orders
    referred to in this Section, which conferred authority or
    responsibility upon the Federal Power Commission, or Chairman
    thereof, are amended or modified as follows:
      (a) Executive Order No. 10485 of September 3, 1953, [set out as a
    note under 15 U.S.C. 717b], relating to certain facilities at the
    borders of the United States is amended by deleting Section 2
    thereof, and by deleting "Federal Power Commission" and
    "Commission" wherever those terms appear in Sections 1, 3 and 4 of
    such Order and substituting for each "Secretary of Energy".
      (b) Executive Order No. 11969 of February 2, 1977 [formerly set
    out as a note under 15 U.S.C. 717], relating to the administration
    of the Emergency Natural Gas Act of 1977 [formerly set out as a
    note under 15 U.S.C. 717], is hereby amended by deleting the second
    sentence in Section 1, by deleting "the Secretary of the Interior,
    the Administrator of the Federal Energy Administration, other
    members of the Federal Power Commission and in Section 2, and by
    deleting "Chairman of the Federal Power Commission" and "Chairman"
    wherever those terms appear and substituting therefor "Secretary of
    Energy" and "Secretary", respectively.
      (c) Paragraph (2) of Section 3 of Executive Order No. 11331, as
    amended [formerly set out as a note under 42 U.S.C. 1962b],
    relating to the Pacific Northwest River Basins Commission, is
    hereby amended by deleting "from each of the following Federal
    departments and agencies" and substituting therefor "to be
    appointed by the head of each of the following Executive agencies",
    by deleting "Federal Power Commission" and substituting therefor
    "Department of Energy", and by deleting "such member to be
    appointed by the head of each department or independent agency he
    represents,".
      Sec. 3. Functions of the Secretary of the Interior. In accordance
    with the transfer of certain functions vested in the Secretary of
    the Interior to the Secretary of Energy pursuant to Section 302 of
    the Act [42 U.S.C. 7152], the Executive Orders referred to in this
    Section, which conferred authority or responsibility on the
    Secretary of the Interior, are amended or modified as follows:
      (a) Sections 1 and 4 of Executive Order No. 8526 of August 27,
    1940, relating to functions of the Bonneville Power Administration,
    are hereby amended by substituting "Secretary of Energy" for
    "Secretary of the Interior", by adding "of the Interior" after
    "Secretary" in Sections 2 and 3, and by adding "and the Secretary
    of Energy," after "the Secretary of the Interior" wherever the
    latter term appears in Section 5.
      (b) Executive Order No. 11177 of September 16, 1964, relating to
    the Columbia River Treaty, is amended by deleting "Secretary of the
    Interior" and "Department of the Interior" wherever those terms
    appear and substituting therefor "Secretary of Energy" and
    "Department of Energy", respectively.
      Sec. 4. Functions of the Atomic Energy Commission and the Energy
    Research and Development Administration.
      (a) In accordance with the transfer of all functions vested by
    law in the Administrator of Energy Research and Development to the
    Secretary of Energy pursuant to Section 301(a) of the Act [subsec.
    (a) of this section] the Executive Orders referred to in this
    Section are amended or modified as follows:
      (1) All current Executive Orders which refer to functions of the
    Atomic Energy Commission, including Executive Order No. 10127, as
    amended; Executive Order No. 10865, as amended [set out as a note
    under 50 U.S.C. 435]; Executive Order No. 10899 of December 9, 1960
    [set out as a note under 42 U.S.C. 2162]; Executive Order No. 11057
    of December 18, 1962 [set out as a note under 42 U.S.C. 2162];
    Executive Order No. 11477 of August 7, 1969 [set out as a note
    under 42 U.S.C. 2187]; Executive Order No. 11752 of December 17,
    1973 [formerly set out as a note under 42 U.S.C. 4331]; and
    Executive Order No. 11761 of January 17, 1974 [formerly set out as
    a note under 20 U.S.C. 1221]; are modified to provide that all such
    functions shall be exercised by (1) the Secretary of Energy to the
    extent consistent with the functions of the Atomic Energy
    Commission that were transferred to the Administrator of Energy
    Research and Development pursuant to the Energy Organization Act of
    1974 (Public Law 93-438; 88 Stat. 1233) [42 U.S.C. 5801 et seq.],
    and (2) the Nuclear Regulatory Commission to the extent consistent
    with the functions of the Atomic Energy Commission that were
    transferred to the Commission by the Energy Reorganization Act of
    1974 [42 U.S.C. 5801 et seq.].
      (2) Executive Order No. 11652, as amended [formerly set out as a
    note under 50 U.S.C. 435], relating to the classification of
    national security matters, is further amended by substituting
    "Department of Energy" for "Energy Research and Development
    Administration" in Sections 2(A), 7(A) and 8 and by deleting
    "Federal Power Commission" in Section 2(B)(3).
      (3) Executive Order No. 11902 of February 2, 1976 [formerly set
    out as a note under 42 U.S.C. 5841], relating to export licensing
    policy for nuclear materials and equipment, is amended by
    substituting "the Secretary of Energy" for "the Administrator of
    the United States Energy Research and Development Administration,
    hereinafter referred to as the Administrator" in Section 1(b) and
    for the "Administrator" in Sections 2 and 3.
      (4) Executive Order No. 11905, as amended, [formerly set out as a
    note under 50 U.S.C. 401], relating to foreign intelligence
    activities, is further amended by deleting "Energy Research and
    Development Administration", "Administrator or the Energy Research
    and Development Administration", and "ERDA" wherever those terms
    appear and substituting "Department of Energy", "Secretary of
    Energy", and "DOE" respectively.
      (5) Section 3(2) of each of the following Executive Orders is
    amended by substituting "Department of Energy" for "Energy Research
    and Development Administration":
      (i) Executive Order No. 11345, as amended [formerly set out as a
    note under 42 U.S.C. 1962b], establishing the Great Lakes River
    Basin Commission.
      (ii) Executive Order No. 11371, as amended [formerly set out as a
    note under 42 U.S.C. 1962b], establishing the New England River
    Basin Commission.
      (iii) Executive Order No. 11578, as amended [formerly set out as
    a note under 42 U.S.C. 1962b], establishing the Ohio River Basin
    Commission.
      (iv) Executive Order No. 11658, as amended [formerly set out as a
    note under 42 U.S.C. 1962b], establishing the Missouri River Basin
    Commission.
      (v) Executive Order No. 11659, as amended [formerly set out as a
    note under 42 U.S.C. 1962b], establishing the Mississippi River
    Basin Commission.
      Sec. 5. Special Provisions Relating to Emergency Preparedness and
    Mobilization Functions.
      (a) Executive Order No. 10480, as amended [formerly set out as a
    note under 50 App. U.S.C. 2153], is further amended by adding
    thereto the following new Sections:
      "Sec. 609. Effective October 1, 1977, the Secretary of Energy
    shall exercise all authority and discharge all responsibility
    herein delegated to or conferred upon (a) the Atomic Energy
    Commission, and (b) with respect to petroleum, gas, solid fuels and
    electric power, upon the Secretary of the Interior.
      "Sec. 610. Whenever the Administrator of General Services
    believes that the functions of an Executive agency have been
    modified pursuant to law in such manner as to require the amendment
    of any Executive order which relates to the assignment of emergency
    preparedness functions or the administration of mobilization
    programs, he shall promptly submit any proposals for the amendment
    of such Executive orders to the Director of the Office of
    Management and Budget in accordance with the provisions of
    Executive Order No. 11030, as amended [set out as a note under 44
    U.S.C. 1505].
      (b) Executive Order No. 11490, as amended [formerly set out as a
    note under 50 App. U.S.C. 2251], is further amended by adding
    thereto the following new section:
      "Sec. 3016. Effective October 1, 1977, the Secretary of Energy
    shall exercise all authority and discharge all responsibility
    herein delegated to or conferred upon (a) the Federal Power
    Commission, (b) the Energy Research and Development Administration,
    and (c) with respect to electric power, petroleum, gas and solid
    fuels, upon the Department of the Interior.".
      Sec. 6. This Order shall be effective as of October 1, 1977, the
    effective date of the Department of Energy Organization Act [this
    chapter] pursuant to the provisions of section 901 [42 U.S.C. 7341]
    thereof and Executive Order No. 12009 of September 13, 1977
    [formerly set out as a note under 42 U.S.C. 7341], and all actions
    taken by the Secretary of Energy on or after October 1, 1977, which
    are consistent with the foregoing provisions are entitled to full
    force and effect.
                                                           Jimmy Carter.

-End-

-CITE-
    42 USC Sec. 7151a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7151a. Jurisdiction over matters transferred from Energy
      Research and Development Administration

-STATUTE-
      Notwithstanding any other provision of law, jurisdiction over
    matters transferred to the Department of Energy from the Energy
    Research and Development Administration which on the effective date
    of such transfer were required by law, regulation, or
    administrative order to be made on the record after an opportunity
    for an agency hearing may be assigned to the Federal Energy
    Regulatory Commission or retained by the Secretary at his
    discretion.

-SOURCE-
    (Pub. L. 95-238, title I, Sec. 104(a), Feb. 25, 1978, 92 Stat. 53.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Energy Act of
    1978 - Civilian Applications, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7152                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7152. Transfers from Department of the Interior

-STATUTE-
    (a) Functions relating to electric power
      (1) There are transferred to, and vested in, the Secretary all
    functions of the Secretary of the Interior under section 825s of
    title 16, and all other functions of the Secretary of the Interior,
    and officers and components of the Department of the Interior, with
    respect to - 
        (A) the Southeastern Power Administration;
        (B) the Southwestern Power Administration;
        (C) the Bonneville Power Administration including but not
      limited to the authority contained in the Bonneville Project Act
      of 1937 [16 U.S.C. 832 et seq.] and the Federal Columbia River
      Transmission System Act [16 U.S.C. 838 et seq.];
        (D) the power marketing functions of the Bureau of Reclamation,
      including the construction, operation, and maintenance of
      transmission lines and attendant facilities; and
        (E) the transmission and disposition of the electric power and
      energy generated at Falcon Dam and Amistad Dam, international
      storage reservoir projects on the Rio Grande, pursuant to the Act
      of June 18, 1954, as amended by the Act of December 23, 1963.

      (2) The Southeastern Power Administration, the Southwestern Power
    Administration, and the Bonneville Power Administration,(!1) shall
    be preserved as separate and distinct organizational entities
    within the Department. Each such entity shall be headed by an
    Administrator appointed by the Secretary. The functions transferred
    to the Secretary in paragraphs (1)(A), (1)(B), (1)(C), and (1)(D)
    shall be exercised by the Secretary, acting by and through such
    Administrators. Each such Administrator shall maintain his
    principal office at a place located in the region served by his
    respective Federal power marketing entity.

      (3) The functions transferred in paragraphs (1)(E) and (1)(F)
    (!2) of this subsection shall be exercised by the Secretary, acting
    by and through a separate and distinct Administration within the
    Department which shall be headed by an Administrator appointed by
    the Secretary. The Administrator shall establish and shall maintain
    such regional offices as necessary to facilitate the performance of
    such functions. Neither the transfer of functions effected by
    paragraph (1)(E) of this subsection nor any changes in cost
    allocation or project evaluation standards shall be deemed to
    authorize the reallocation of joint costs of multipurpose
    facilities theretofore allocated unless and to the extent that such
    change is hereafter approved by Congress.

    (b), (c) Repealed. Pub. L. 97-100, title II, Sec. 201, Dec. 23,
      1981, 95 Stat. 1407
    (d) Functions of Bureau of Mines
      There are transferred to, and vested in, the Secretary those
    functions of the Secretary of the Interior, the Department of the
    Interior, and officers and components of that Department under the
    Act of May 15, 1910, and other authorities, exercised by the Bureau
    of Mines, but limited to - 
        (1) fuel supply and demand analysis and data gathering;
        (2) research and development relating to increased efficiency
      of production technology of solid fuel minerals, other than
      research relating to mine health and safety and research relating
      to the environmental and leasing consequences of solid fuel
      mining (which shall remain in the Department of the Interior);
      and
        (3) coal preparation and analysis.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 302, Aug. 4, 1977, 91 Stat. 578;
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407;
    Pub. L. 104-58, title I, Sec. 104(h), Nov. 28, 1995, 109 Stat.
    560.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Bonneville Project Act of 1937, referred to in subsec.
    (a)(1)(C), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended,
    which is classified generally to chapter 12B (Sec. 832 et seq.) of
    Title 16, Conservation. For complete classification of this Act to
    the Code, see Short Title note set out under section 832 of Title
    16 and Tables.
      The Federal Columbia River Transmission System Act, referred to
    in subsec. (a)(1)(C), is Pub. L. 93-454, Oct. 18, 1974, 88 Stat.
    1376, as amended, which is classified generally to chapter 12G
    (Sec. 838 et seq.) of Title 16, Conservation. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 838 of Title 16 and Tables.
      Act of June 18, 1954, as amended by the Act of December 23, 1963,
    referred to in subsec. (a)(1)(E), is act June 18, 1954, ch. 310, 68
    Stat. 255, which was not classified to the Code.
      Paragraphs (1)(E) and (1)(F) of this subsection, referred to in
    subsec. (a)(3), were redesignated as pars. (1)(D) and (1)(E) of
    this subsection, respectively, by Pub. L. 104-58, title I, Sec.
    104(h)(1)(B), Nov. 28, 1995, 109 Stat. 560.
      Act of May 15, 1910, referred to in subsec. (d), as amended,
    probably means act May 16, 1910, ch. 240, 36 Stat. 369, which is
    classified to sections 1, 3, and 5 to 7 of Title 30, Mineral Lands
    and Mining. For complete classification of this Act to the Code,
    see Tables.

-MISC1-
                                AMENDMENTS                            
      1995 - Subsec. (a)(1)(C) to (F). Pub. L. 104-58, Sec. 104(h)(1),
    redesignated subpars. (D) to (F) as (C) to (E), respectively, and
    struck out former subpar. (C) which read as follows: "the Alaska
    Power Administration;".
      Subsec. (a)(2). Pub. L. 104-58, Sec. 104(h)(2), inserted "and"
    after "Southwestern Power Administration," and struck out "and the
    Alaska Power Administration" after "Bonneville Power
    Administration,".
      1981 - Subsecs. (b), (c). Pub. L. 97-100 struck out subsecs. (b)
    and (c) which related, respectively, to the functions of the
    Secretary of Energy to promulgate regulations under certain
    provisions of the Outer Continental Shelf Lands Act, the Mineral
    Lands Leasing Act, the Mineral Leasing Act for Acquired Lands, the
    Geothermal Steam Act of 1970, and the Energy Policy and
    Conservation Act and to the functions of establishing production
    rates for all Federal leases.

-CHANGE-
                              CHANGE OF NAME                          
      Bureau of Mines redesignated United States Bureau of Mines by
    section 10(b) of Pub. L. 102-285, set out as a note under section 1
    of Title 30, Mineral Lands and Mining. For provisions relating to
    closure and transfer of functions of the United States Bureau of
    Mines, see note set out under section 1 of Title 30.

-MISC2-
                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      For effective date of amendment by Pub. L. 104-58, see section
    104(h) of Pub. L. 104-58, set out below.

          ALASKA POWER ADMINISTRATION ASSET SALE AND TERMINATION      
      Title I of Pub. L. 104-58 provided that:

      "SEC. 101. SHORT TITLE.
      "This title may be cited as the 'Alaska Power Administration
    Asset Sale and Termination Act'.

      "SEC. 102. DEFINITIONS.
      "For purposes of this title:
        "(1) The term 'Eklutna' means the Eklutna Hydroelectric Project
      and related assets as described in section 4 and Exhibit A of the
      Eklutna Purchase Agreement.
        "(2) The term 'Eklutna Purchase Agreement' means the August 2,
      1989, Eklutna Purchase Agreement between the Alaska Power
      Administration of the Department of Energy and the Eklutna
      Purchasers, together with any amendments thereto adopted before
      the enactment of this section [Nov. 28, 1995].
        "(3) The term 'Eklutna Purchasers' means the Municipality of
      Anchorage doing business as Municipal Light and Power, the
      Chugach Electric Association, Inc. and the Matanuska Electric
      Association, Inc.
        "(4) The term 'Snettisham' means the Snettisham Hydroelectric
      Project and related assets as described in section 4 and Exhibit
      A of the Snettisham Purchase Agreement.
        "(5) The term 'Snettisham Purchase Agreement' means the
      February 10, 1989, Snettisham Purchase Agreement between the
      Alaska Power Administration of the Department of Energy and the
      Alaska Power Authority and its successors in interest, together
      with any amendments thereto adopted before the enactment of this
      section.
        "(6) The term 'Snettisham Purchaser' means the Alaska
      Industrial Development and Export Authority or a successor State
      agency or authority.

      "SEC. 103. SALE OF EKLUTNA AND SNETTISHAM HYDROELECTRIC PROJECTS.
      "(a) Sale of Eklutna. - The Secretary of Energy is authorized and
    directed to sell Eklutna to the Eklutna Purchasers in accordance
    with the terms of this Act and the Eklutna Purchase Agreement.
      "(b) Sale of Snettisham. - The Secretary of Energy is authorized
    and directed to sell Snettisham to the Snettisham Purchaser in
    accordance with the terms of this Act and the Snettisham Purchase
    Agreement.
      "(c) Cooperation of Other Agencies. - The heads of other Federal
    departments, agencies, and instrumentalities of the United States
    shall assist the Secretary of Energy in implementing the sales and
    conveyances authorized and directed by this title.
      "(d) Proceeds. - Proceeds from the sales required by this title
    shall be deposited in the Treasury of the United States to the
    credit of miscellaneous receipts.
      "(e) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to prepare, survey,
    and acquire Eklutna and Snettisham for sale and conveyance. Such
    preparations and acquisitions shall provide sufficient title to
    ensure the beneficial use, enjoyment, and occupancy by the
    purchasers.
      "(f) Contributed Funds. - Notwithstanding any other provision of
    law, the Alaska Power Administration is authorized to receive,
    administer, and expend such contributed funds as may be provided by
    the Eklutna Purchasers or customers or the Snettisham Purchaser or
    customers for the purposes of upgrading, improving, maintaining, or
    administering Eklutna or Snettisham. Upon the termination of the
    Alaska Power Administration under section 104(f), the Secretary of
    Energy shall administer and expend any remaining balances of such
    contributed funds for the purposes intended by the contributors.

      "SEC. 104. EXEMPTION AND OTHER PROVISIONS.
      "(a) Federal Power Act. - (1) After the sales authorized by this
    Act occur, Eklutna and Snettisham, including future modifications,
    shall continue to be exempt from the requirements of Part I of the
    Federal Power Act (16 U.S.C. 791a et seq.), except as provided in
    subsection (b).
      "(2) The exemption provided by paragraph (1) shall not affect the
    Memorandum of Agreement entered into among the State of Alaska, the
    Eklutna Purchasers, the Alaska Energy Authority, and Federal fish
    and wildlife agencies regarding the protection, mitigation of,
    damages to, and enhancement of fish and wildlife, dated August 7,
    1991, which remains in full force and effect.
      "(3) Nothing in this title or the Federal Power Act preempts the
    State of Alaska from carrying out the responsibilities and
    authorities of the Memorandum of Agreement.
      "(b) Subsequent Transfers. - Except for subsequent assignment of
    interest in Eklutna by the Eklutna Purchasers to the Alaska
    Electric Generation and Transmission Cooperative Inc. pursuant to
    section 19 of the Eklutna Purchase Agreement, upon any subsequent
    sale or transfer of any portion of Eklutna or Snettisham from the
    Eklutna Purchasers or the Snettisham Purchaser to any other person,
    the exemption set forth in paragraph (1) of subsection (a) of this
    section shall cease to apply to such portion.
      "(c) Review. - (1) The United States District Court for the
    District of Alaska shall have jurisdiction to review decisions made
    under the Memorandum of Agreement and to enforce the provisions of
    the Memorandum of Agreement, including the remedy of specific
    performance.
      "(2) An action seeking review of a Fish and Wildlife Program
    ('Program') of the Governor of Alaska under the Memorandum of
    Agreement or challenging actions of any of the parties to the
    Memorandum of Agreement prior to the adoption of the Program shall
    be brought not later than 90 days after the date on which the
    Program is adopted by the Governor of Alaska, or be barred.
      "(3) An action seeking review of implementation of the Program
    shall be brought not later than 90 days after the challenged act
    implementing the Program, or be barred.
      "(d) Eklutna Lands. - With respect to Eklutna lands described in
    Exhibit A of the Eklutna Purchase Agreement:
        "(1) The Secretary of the Interior shall issue rights-of-way to
      the Alaska Power Administration for subsequent reassignment to
      the Eklutna Purchasers - 
          "(A) at no cost to the Eklutna Purchasers;
          "(B) to remain effective for a period equal to the life of
        Eklutna as extended by improvements, repairs, renewals, or
        replacements; and
          "(C) sufficient for the operation of, maintenance of, repair
        to, and replacement of, and access to, Eklutna facilities
        located on military lands and lands managed by the Bureau of
        Land Management, including lands selected by the State of
        Alaska.
        "(2) Fee title to lands at Anchorage Substation shall be
      transferred to Eklutna Purchasers at no additional cost if the
      Secretary of the Interior determines that pending claims to, and
      selections of, those lands are invalid or relinquished.
        "(3) With respect to the Eklutna lands identified in paragraph
      1 of Exhibit A of the Eklutna Purchase Agreement, the State of
      Alaska may select, and the Secretary of the Interior shall convey
      to the State, improved lands under the selection entitlements in
      section 6 of the Act of July 7, 1958 (commonly referred to as the
      Alaska Statehood Act, Public Law 85-508; 72 Stat. 339) [set out
      as a note preceding section 21 of Title 48, Territories and
      Insular Possessions], and the North Anchorage Land Agreement
      dated January 31, 1983. This conveyance shall be subject to the
      rights-of-way provided to the Eklutna Purchasers under paragraph
      (1).
      "(e) Snettisham Lands. - With respect to the Snettisham lands
    identified in paragraph 1 of Exhibit A of the Snettisham Purchase
    Agreement and Public Land Order No. 5108, the State of Alaska may
    select, and the Secretary of the Interior shall convey to the State
    of Alaska, improved lands under the selection entitlements in
    section 6 of the Act of July 7, 1958 (commonly referred to as the
    Alaska Statehood Act, Public Law 85-508; 72 Stat. 339).
      "(f) Termination of Alaska Power Administration. - Not later than
    one year after both of the sales authorized in section 103 have
    occurred, as measured by the Transaction Dates stipulated in the
    Purchase Agreements, the Secretary of Energy shall - 
        "(1) complete the business of, and close out, the Alaska Power
      Administration;
        "(2) submit to Congress a report documenting the sales; and
        "(3) return unobligated balances of funds appropriated for the
      Alaska Power Administration to the Treasury of the United States.
      "(g) Repeals. - (1) The Act of July 31, 1950 (64 Stat. 382)
    [enacting sections 312 to 312d of Title 48, Territories and Insular
    Possessions, and provisions formerly set out as a note under
    section 312 of Title 48] is repealed effective on the date that
    Eklutna is conveyed to the Eklutna Purchasers [ownership of Eklutna
    project transferred Oct. 2, 1997].
      "(2) Section 204 of the Flood Control Act of 1962 (76 Stat. 1193)
    is repealed effective on the date that Snettisham is conveyed to
    the Snettisham Purchaser [purchase of Snettisham project completed
    Aug. 19, 1998].
      "(3) The Act of August 9, 1955 [enacting sections 1962d-12 to
    1962d-14 of this title], concerning water resources investigation
    in Alaska (69 Stat. 618), is repealed.
      "(h) DOE Organization Act. - As of the later of the two dates
    determined in paragraphs (1) and (2) of subsection (g), section
    302(a) of the Department of Energy Organization Act (42 U.S.C.
    7152(a)) is amended - 
        "(1) in paragraph (1) - 
          "(A) by striking subparagraph (C); and
          "(B) by redesignating subparagraphs (D), (E), and (F) as
        subparagraphs (C), (D), and (E) respectively; and
        "(2) in paragraph (2) by striking out 'and the Alaska Power
      Administration' and by inserting 'and' after 'Southwestern Power
      Administration,'.
      "(i) Disposal. - The sales of Eklutna and Snettisham under this
    title are not considered disposal of Federal surplus property under
    the Federal Property and Administrative Services Act of 1949 [now
    chapters 1 to 11 of Title 40, Public Buildings, Property, and
    Works, and title III of the Act of June 30, 1949 (41 U.S.C. 251 et
    seq.)] (40 U.S.C. 484) [now 40 U.S.C. 541-555] or the Act of
    October 3, 1944, popularly referred to as the 'Surplus Property Act
    of 1944' (50 U.S.C. App. 1622).

      "SEC. 105. OTHER FEDERAL HYDROELECTRIC PROJECTS.
      "The provisions of this title regarding the sale of the Alaska
    Power Administration's hydroelectric projects under section 103 and
    the exemption of these projects from Part I of the Federal Power
    Act [16 U.S.C. 791a et seq.] under section 104 do not apply to
    other Federal hydroelectric projects."

          USE OF FUNDS TO STUDY NONCOST-BASED METHODS OF PRICING
                            HYDROELECTRIC POWER
      Pub. L. 102-377, title V, Sec. 505, Oct. 2, 1992, 106 Stat. 1343,
    provided that: "Notwithstanding any other provision of this Act,
    subsequent Energy and Water Development Appropriations Acts or any
    other provision of law hereafter, none of the funds made available
    under this Act, subsequent Energy and Water Development
    Appropriations Acts or any other law hereafter shall be used for
    the purposes of conducting any studies relating or leading to the
    possibility of changing from the currently required 'at cost' to a
    'market rate' or any other noncost-based method for the pricing of
    hydroelectric power by the six Federal public power authorities, or
    other agencies or authorities of the Federal Government, except as
    may be specifically authorized by Act of Congress hereafter
    enacted."

      TRANSFERS TO SECRETARY OF THE INTERIOR OF CERTAIN FOSSIL ENERGY
                   RESEARCH AND DEVELOPMENT AUTHORITIES
      Pub. L. 97-257, title I, Sec. 100, Sept. 10, 1982, 96 Stat. 841,
    provided: "That there are transferred to, and vested in, the
    Secretary of the Interior all functions vested in, or delegated to,
    the Secretary of Energy and the Department of Energy under or with
    respect to (1) the Act of May 16, 1910 [30 U.S.C. 1, 3, 5-7], and
    other authorities formerly exercised by the Bureau of Mines [now
    United States Bureau of Mines], but limited to research and
    development relating to increased efficiency of production
    technology of solid fuel minerals; (2) section 908 of the Surface
    Mining Control and Reclamation Act of 1977, relating to research
    and development concerning alternative coal mining technologies (30
    U.S.C. 1328); (3) sections 5(g)(2), 8(a)(4), 8(a)(9), 27(b)(2)(3)
    of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(g)(2) and
    1337(a)(4) and 1337(a)(9) [and 1353(b)(2) and (3)]); and (4)
    section 105 of the Energy Policy and Conservation Act (42 U.S.C.
    6213): Provided further, That the personnel employed, personnel
    positions, equipment, facilities, and unexpended balances of the
    aforementioned transferred programs shall be merged with the 'Mines
    and minerals' account of the Bureau of Mines."

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7153                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7153. Administration of leasing transfers

-STATUTE-
    (a) Authority retained by Secretary of the Interior
      The Secretary of the Interior shall retain any authorities not
    transferred under section 7152(b) (!1) of this title and shall be
    solely responsible for the issuance and supervision of Federal
    leases and the enforcement of all regulations applicable to the
    leasing of mineral resources, including but not limited to lease
    terms and conditions and production rates. No regulation
    promulgated by the Secretary shall restrict or limit any authority
    retained by the Secretary of the Interior under section 7152(b)
    (!1) of this title with respect to the issuance or supervision of
    Federal leases. Nothing in section 7152(b) (!1) of this title shall
    be construed to affect Indian lands and resources or to transfer
    any functions of the Secretary of the Interior concerning such
    lands and resources.

    (b) Consultation with Secretary of the Interior with respect to
      promulgation of regulations
      In exercising the authority under section 7152(b) (!1) of this
    title to promulgate regulations, the Secretary shall consult with
    the Secretary of the Interior during the preparation of such
    regulations and shall afford the Secretary of the Interior not less
    than thirty days, prior to the date on which the Department first
    publishes or otherwise prescribes regulations, to comment on the
    content and effect of such regulations.
    (c) Repealed. Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95
      Stat. 1407
    (d) Preparation of environmental impact statement
      The Department of the Interior shall be the lead agency for the
    purpose of preparation of an environmental impact statement
    required by section 4332(2)(C) of this title for any action with
    respect to the Federal leases taken under the authority of this
    section, unless the action involves only matters within the
    exclusive authority of the Secretary.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 303, Aug. 4, 1977, 91 Stat. 579;
    Pub. L. 97-100, title II, Sec. 201, Dec. 23, 1981, 95 Stat. 1407.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7152(b) of this title, referred to in subsecs. (a) and
    (b), was repealed by Pub. L. 97-100, title II, Sec. 201, Dec. 23,
    1981, 95 Stat. 1407.

-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (c). Pub. L. 97-100 struck out subsec. (c) which
    afforded the Secretary of Energy the opportunity to disapprove any
    terms and conditions on which the Secretary of the Interior
    proposed to issue a Federal lease.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7154                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7154. Transfers from Department of Housing and Urban
      Development

-STATUTE-
      (a) There is transferred to, and vested in, the Secretary the
    functions vested in the Secretary of Housing and Urban Development
    pursuant to section 304 of the Energy Conservation Standards for
    New Buildings Act of 1976 [42 U.S.C. 6833], to develop and
    promulgate energy conservation standards for new buildings. The
    Secretary of Housing and Urban Development shall provide the
    Secretary with any necessary technical assistance in the
    development of such standards. All other responsibilities, pursuant
    to title III of the Energy Conservation and Production Act [42
    U.S.C. 6831 et seq.], shall remain with the Secretary of Housing
    and Urban Development, except that the Secretary shall be kept
    fully and currently informed of the implementation of the
    promulgated standards.
      (b) There is hereby transferred to, and vested in, the Secretary
    the functions vested in the Secretary of Housing and Urban
    Development pursuant to section 1701z-8 of title 12.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 304, Aug. 4, 1977, 91 Stat. 580.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Energy Conservation and Production Act, referred to in
    subsec. (a), is Pub. L. 94-385, Aug. 14, 1976, 90 Stat. 1125, as
    amended. Title III of the Energy Conservation and Production Act,
    known as the Energy Conservation Standards for New Buildings Act of
    1976, is classified generally to subchapter II (Sec. 6831 et seq.)
    of chapter 81 of this title. For complete classification of the
    Energy Conservation and Production Act and the Energy Standards for
    New Buildings Act of 1976 to the Code, see Short Title note set out
    under section 6801 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 7155                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7155. Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
      Stat. 1379

-MISC1-
      Section, Pub. L. 95-91, title III, Sec. 306, Aug. 4, 1977, 91
    Stat. 581, transferred to Secretary the functions set forth in
    Interstate Commerce Act and vested by law in Interstate Commerce
    Commission or Chairman and members thereof as related to
    transportation of oil by pipeline. See section 60501 of Title 49,
    Transportation.

-End-

-CITE-
    42 USC Sec. 7156                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7156. Transfers from Department of the Navy

-STATUTE-
      There are transferred to and vested in the Secretary all
    functions vested by chapter 641 of title 10, in the Secretary of
    the Navy as they relate to the administration of and jurisdiction
    over - 
        (1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in
      Kern County, California, established by Executive order of the
      President, dated September 2, 1912;
        (2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located
      in Kern County, California, established by Executive order of the
      President, dated December 13, 1912;
        (3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located
      in Wyoming, established by Executive order of the President,
      dated April 30, 1915;
        (4) Oil Shale Reserve Numbered 1, located in Colorado,
      established by Executive order of the President, dated December
      6, 1916, as amended by Executive order dated June 12, 1919;
        (5) Oil Shale Reserve Numbered 2, located in Utah, established
      by Executive order of the President, dated December 6, 1916; and
        (6) Oil Shale Reserve Numbered 3, located in Colorado,
      established by Executive order of the President, dated September
      27, 1924.

    In the administration of any of the functions transferred to, and
    vested in, the Secretary by this section the Secretary shall take
    into consideration the requirements of national security.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 307, Aug. 4, 1977, 91 Stat. 581.)

-End-

-CITE-
    42 USC Sec. 7156a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7156a. Repealed. Pub. L. 105-85, div. C, title XXXIV, Sec.
      3403, Nov. 18, 1997, 111 Stat. 2059

-MISC1-
      Section, Pub. L. 96-137, Sec. 2, Dec. 12, 1979, 93 Stat. 1061,
    related to assignment of naval officers to key management positions
    within Office of Naval Petroleum and Oil Shale Reserves in
    Department of Energy and to position of Director.

-End-

-CITE-
    42 USC Sec. 7157                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7157. Transfers from Department of Commerce

-STATUTE-
      There are transferred to, and vested in, the Secretary all
    functions of the Secretary of Commerce, the Department of Commerce,
    and officers and components of that Department, as relate to or are
    utilized by the Office of Energy Programs, but limited to
    industrial energy conservation programs.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 308, Aug. 4, 1977, 91 Stat. 581.)

-End-

-CITE-
    42 USC Sec. 7158                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7158. Naval reactor and military application programs

-STATUTE-
      The Division of Naval Reactors established pursuant to section
    2035 of this title, and responsible for research, design,
    development, health, and safety matters pertaining to naval nuclear
    propulsion plants and assigned civilian power reactor programs is
    transferred to the Department under the Under Secretary for Nuclear
    Security, and such organizational unit shall be deemed to be an
    organizational unit established by this chapter.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 309, Aug. 4, 1977, 91 Stat. 581;
    Pub. L. 106-65, div. C, title XXXII, Sec. 3294(c), Oct. 5, 1999,
    113 Stat. 970.)

-REFTEXT-
                            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, as
    amended, 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.

-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-65 struck out subsec. (a) designation before
    "The Division of Naval Reactors", substituted "Under Secretary for
    Nuclear Security" for "Assistant Secretary to whom the Secretary
    has assigned the function listed in section 7133(a)(2)(E) of this
    title", and struck out subsec. (b) which read as follows: "The
    Division of Military Application, established by section 2035 of
    this title, and the functions of the Energy Research and
    Development Administration with respect to the Military Liaison
    Committee, established by section 2037 of this title, are
    transferred to the Department under the Assistant Secretary to whom
    the Secretary has assigned those functions listed in section
    7133(a)(5) of this title, and such organizational units shall be
    deemed to be organizational units established by this chapter."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section
    3299 of Pub. L. 106-65, set out as an Effective Date note under
    section 2401 of Title 50, War and National Defense.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      All national security functions and activities performed
    immediately before Oct. 5, 1999, by the Office of Naval Reactors
    transferred to the Administrator for Nuclear Security of the
    National Nuclear Security Administration of the Department of
    Energy, and the Deputy Administrator for Naval Reactors of the
    Administration to be assigned the responsibilities, authorities,
    and accountability for all functions of the Office of Naval
    Reactors under Executive Order No. 12344, set out as a note under
    section 2511 of Title 50, War and National Defense, see sections
    2406 and 2481 of Title 50.
      Pub. L. 98-525, title XVI, Sec. 1634, Oct. 19, 1984, 98 Stat.
    2649, which was formerly set out as a note under this section, was
    renumbered section 4101 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L 108-136,
    div. C, title XXXI, Sec. 3141(d)(2), Nov. 24, 2003, 117 Stat. 1757,
    and is set out as a note under section 2511 of Title 50, War and
    National Defense.

-End-

-CITE-
    42 USC Sec. 7159                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER III - TRANSFERS OF FUNCTIONS

-HEAD-
    Sec. 7159. Transfer to Department of Transportation

-STATUTE-
      Notwithstanding section 7151(a) of this title, there are
    transferred to, and vested in, the Secretary of Transportation all
    of the functions vested in the Administrator of the Federal Energy
    Administration by section 6361(b)(1)(B) of this title.

-SOURCE-
    (Pub. L. 95-91, title III, Sec. 310, Aug. 4, 1977, 91 Stat. 582.)

-End-

-CITE-
    42 USC SUBCHAPTER IV - FEDERAL ENERGY REGULATORY
           COMMISSION                                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
           SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION       

-End-

-CITE-
    42 USC Sec. 7171                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7171. Appointment and administration

-STATUTE-
    (a) Federal Energy Regulatory Commission; establishment
      There is established within the Department an independent
    regulatory commission to be known as the Federal Energy Regulatory
    Commission.
    (b) Composition; term of office; conflict of interest; expiration
      of terms
      (1) The Commission shall be composed of five members appointed by
    the President, by and with the advice and consent of the Senate.
    One of the members shall be designated by the President as
    Chairman. Members shall hold office for a term of 5 years and may
    be removed by the President only for inefficiency, neglect of duty,
    or malfeasance in office. Not more than three members of the
    Commission shall be members of the same political party. Any
    Commissioner appointed to fill a vacancy occurring prior to the
    expiration of the term for which his predecessor was appointed
    shall be appointed only for the remainder of such term. A
    Commissioner may continue to serve after the expiration of his term
    until his successor is appointed and has been confirmed and taken
    the oath of Office, except that such Commissioner shall not serve
    beyond the end of the session of the Congress in which such term
    expires. Members of the Commission shall not engage in any other
    business, vocation, or employment while serving on the Commission.
      (2) Notwithstanding the third sentence of paragraph (1), the
    terms of members first taking office after April 11, 1990, shall
    expire as follows:
        (A) In the case of members appointed to succeed members whose
      terms expire in 1991, one such member's term shall expire on June
      30, 1994, and one such member's term shall expire on June 30,
      1995, as designated by the President at the time of appointment.
        (B) In the case of members appointed to succeed members whose
      terms expire in 1992, one such member's term shall expire on June
      30, 1996, and one such member's term shall expire on June 30,
      1997, as designated by the President at the time of appointment.
        (C) In the case of the member appointed to succeed the member
      whose term expires in 1993, such member's term shall expire on
      June 30, 1998.
    (c) Duties and responsibilities of Chairman
      The Chairman shall be responsible on behalf of the Commission for
    the executive and administrative operation of the Commission,
    including functions of the Commission with respect to (1) the
    appointment and employment of hearing examiners in accordance with
    the provisions of title 5, (2) the selection, appointment, and
    fixing of the compensation of such personnel as he deems necessary,
    including an executive director, (3) the supervision of personnel
    employed by or assigned to the Commission, except that each member
    of the Commission may select and supervise personnel for his
    personal staff, (4) the distribution of business among personnel
    and among administrative units of the Commission, and (5) the
    procurement of services of experts and consultants in accordance
    with section 3109 of title 5. The Secretary shall provide to the
    Commission such support and facilities as the Commission determines
    it needs to carry out its functions.
    (d) Supervision and direction of members, employees, or other
      personnel of Commission
      In the performance of their functions, the members, employees, or
    other personnel of the Commission shall not be responsible to or
    subject to the supervision or direction of any officer, employee,
    or agent of any other part of the Department.
    (e) Designation of Acting Chairman; quorum; seal
      The Chairman of the Commission may designate any other member of
    the Commission as Acting Chairman to act in the place and stead of
    the Chairman during his absence. The Chairman (or the Acting
    Chairman in the absence of the Chairman) shall preside at all
    sessions of the Commission and a quorum for the transaction of
    business shall consist of at least three members present. Each
    member of the Commission, including the Chairman, shall have one
    vote. Actions of the Commission shall be determined by a majority
    vote of the members present. The Commission shall have an official
    seal which shall be judicially noticed.
    (f) Rules
      The Commission is authorized to establish such procedural and
    administrative rules as are necessary to the exercise of its
    functions. Until changed by the Commission, any procedural and
    administrative rules applicable to particular functions over which
    the Commission has jurisdiction shall continue in effect with
    respect to such particular functions.
    (g) Powers of Commission
      In carrying out any of its functions, the Commission shall have
    the powers authorized by the law under which such function is
    exercised to hold hearings, sign and issue subpenas, administer
    oaths, examine witnesses, and receive evidence at any place in the
    United States it may designate. The Commission may, by one or more
    of its members or by such agents as it may designate, conduct any
    hearing or other inquiry necessary or appropriate to its functions,
    except that nothing in this subsection shall be deemed to supersede
    the provisions of section 556 of title 5 relating to hearing
    examiners.
    (h) Principal office of Commission
      The principal office of the Commission shall be in or near the
    District of Columbia, where its general sessions shall be held, but
    the Commission may sit anywhere in the United States.
    (i) Commission deemed agency; attorney for Commission
      For the purpose of section 552b of title 5, the Commission shall
    be deemed to be an agency. Except as provided in section 518 of
    title 28, relating to litigation before the Supreme Court,
    attorneys designated by the Chairman of the Commission may appear
    for, and represent the Commission in, any civil action brought in
    connection with any function carried out by the Commission pursuant
    to this chapter or as otherwise authorized by law.
    (j) Annual authorization and appropriation request
      In each annual authorization and appropriation request under this
    chapter, the Secretary shall identify the portion thereof intended
    for the support of the Commission and include a statement by the
    Commission (1) showing the amount requested by the Commission in
    its budgetary presentation to the Secretary and the Office of
    Management and Budget and (2) an assessment of the budgetary needs
    of the Commission. Whenever the Commission submits to the
    Secretary, the President, or the Office of Management and Budget,
    any legislative recommendation or testimony, or comments on
    legislation, prepared for submission to Congress, the Commission
    shall concurrently transmit a copy thereof to the appropriate
    committees of Congress.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 401, Aug. 4, 1977, 91 Stat. 582;
    Pub. L. 101-271, Sec. 2(a), (b), Apr. 11, 1990, 104 Stat. 135.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (i) and (j), was in the
    original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat.
    565, as amended, 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.

-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (b). Pub. L. 101-271 designated existing
    provisions as par. (1), substituted "5 years" for "four years",
    struck out after third sentence "The terms of the members first
    taking office shall expire (as designated by the President at the
    time of appointment), two at the end of two years, two at the end
    of three years, and one at the end of four years.", substituted "A
    Commissioner may continue to serve after the expiration of his term
    until his successor is appointed and has been confirmed and taken
    the oath of Office, except that such Commissioner shall not serve
    beyond the end of the session of the Congress in which such term
    expires." for "A Commissioner may continue to serve after the
    expiration of his term until his successor has taken office, except
    that he may not so continue to serve for more than one year after
    the date on which his term would otherwise expire under this
    subsection.", and added par. (2).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 2(c) of Pub. L. 101-271 provided that: "The amendments
    made by this section [amending this section] apply only to persons
    appointed or reappointed as members of the Federal Energy
    Regulatory Commission after the date of enactment of this Act [Apr.
    11, 1990]."

            RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES        
      Pub. L. 101-549, title VIII, Sec. 808, Nov. 15, 1990, 104 Stat.
    2690, provided that:
      "(a) Definition. - For purposes of this section, 'renewable
    energy' means energy from photovoltaic, solar thermal, wind,
    geothermal, and biomass energy production technologies.
      "(b) Rate Incentives Study. - Within 18 months after enactment
    [Nov. 15, 1990], the Federal Energy Regulatory Commission, in
    consultation with the Environmental Protection Agency, shall
    complete a study which calculates the net environmental benefits of
    renewable energy, compared to nonrenewable energy, and assigns
    numerical values to them. The study shall include, but not be
    limited to, environmental impacts on air, water, land use, water
    use, human health, and waste disposal.
      "(c) Model Regulations. - In conjunction with the study in
    subsection (b), the Commission shall propose one or more models for
    incorporating the net environmental benefits into the regulatory
    treatment of renewable energy in order to provide economic
    compensation for those benefits.
      "(d) Report. - The Commission shall transmit the study and the
    model regulations to Congress, along with any recommendations on
    the best ways to reward renewable energy technologies for their
    environmental benefits, in a report no later than 24 months after
    enactment [Nov. 15, 1990]."

       RETENTION AND USE OF REVENUES FROM LICENSING FEES, INSPECTION
    SERVICES, AND OTHER SERVICES AND COLLECTIONS; REDUCTION TO ACHIEVE
                      FINAL FISCAL YEAR APPROPRIATION
      Pub. L. 109-103, title III, Nov. 19, 2005, 119 Stat. 2277,
    provided in part: "That notwithstanding any other provision of law,
    not to exceed $220,400,000 of revenues from fees and annual
    charges, and other services and collections in fiscal year 2006
    shall be retained and used for necessary expenses in this account,
    and shall remain available until expended: Provided further, That
    the sum herein appropriated from the general fund shall be reduced
    as revenues are received during fiscal year 2006 so as to result in
    a final fiscal year 2006 appropriation from the general fund
    estimated at not more than $0."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. C, title III, Dec. 8, 2004, 118 Stat. 2957.
      Pub. L. 108-137, title III, Dec. 1, 2003, 117 Stat. 1859.
      Pub. L. 108-7, div. D, title III, Feb. 20, 2003, 117 Stat. 153.
      Pub. L. 107-66, title III, Nov. 12, 2001, 115 Stat. 508.
      Pub. L. 106-377, Sec. 1(a)(2) [title III], Oct. 27, 2000, 114
    Stat. 1441, 1441A-78.
      Pub. L. 106-60, title III, Sept. 29, 1999, 113 Stat. 494.
      Pub. L. 105-245, title III, Oct. 7, 1998, 112 Stat. 1851.
      Pub. L. 105-62, title III, Oct. 13, 1997, 111 Stat. 1334.
      Pub. L. 104-206, title III, Sept. 30, 1996, 110 Stat. 2998.
      Pub. L. 104-46, title III, Nov. 13, 1995, 109 Stat. 416.
      Pub. L. 103-316, title III, Aug. 26, 1994, 108 Stat. 1719.
      Pub. L. 103-126, title III, Oct. 28, 1993, 107 Stat. 1330.
      Pub. L. 102-377, title III, Oct. 2, 1992, 106 Stat. 1338.
      Pub. L. 102-104, title III, Aug. 17, 1991, 105 Stat. 531.
      Pub. L. 101-514, title III, Nov. 5, 1990, 104 Stat. 2093.
      Pub. L. 101-101, title III, Sept. 29, 1989, 103 Stat. 661.
      Pub. L. 100-371, title III, July 19, 1988, 102 Stat. 870.
      Pub. L. 100-202, Sec. 101(d) [title III], Dec. 22, 1987, 101
    Stat. 1329-104, 1329-124.
      Pub. L. 99-500, Sec. 101(e) [title III], Oct. 18, 1986, 100 Stat.
    1783-194, 1783-208, and Pub. L. 99-591, Sec. 101(e) [title III],
    Oct. 30, 1986, 100 Stat. 3341-194, 3341-208.

-End-

-CITE-
    42 USC Sec. 7172                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7172. Jurisdiction of Commission

-STATUTE-
    (a) Transfer of functions from Federal Power Commission
      (1) There are transferred to, and vested in, the Commission the
    following functions of the Federal Power Commission or of any
    member of the Commission or any officer or component of the
    Commission:
        (A) the investigation, issuance, transfer, renewal, revocation,
      and enforcement of licenses and permits for the construction,
      operation, and maintenance of dams, water conduits, reservoirs,
      powerhouses, transmission lines, or other works for the
      development and improvement of navigation and for the development
      and utilization of power across, along, from, or in navigable
      waters under part I of the Federal Power Act [16 U.S.C. 791a et
      seq.];
        (B) the establishment, review, and enforcement of rates and
      charges for the transmission or sale of electric energy,
      including determinations on construction work in progress, under
      part II of the Federal Power Act [16 U.S.C. 824 et seq.], and the
      interconnection, under section 202(b), of such Act [16 U.S.C.
      824a(b)], of facilities for the generation, transmission, and
      sale of electric energy (other than emergency interconnection);
        (C) the establishment, review, and enforcement of rates and
      charges for the transportation and sale of natural gas by a
      producer or gatherer or by a natural gas pipeline or natural gas
      company under sections 1, 4, 5, and 6 of the Natural Gas Act [15
      U.S.C. 717, 717c to 717e];
        (D) the issuance of a certificate of public convenience and
      necessity, including abandonment of facilities or services, and
      the establishment of physical connections under section 7 of the
      Natural Gas Act [15 U.S.C. 717f];
        (E) the establishment, review, and enforcement of curtailments,
      other than the establishment and review of priorities for such
      curtailments, under the Natural Gas Act [15 U.S.C. 717 et seq.];
      and
        (F) the regulation of mergers and securities acquisition under
      the Federal Power Act [16 U.S.C. 791a et seq.] and Natural Gas
      Act [15 U.S.C. 717 et seq.].

      (2) The Commission may exercise any power under the following
    sections to the extent the Commission determines such power to be
    necessary to the exercise of any function within the jurisdiction
    of the Commission:
        (A) sections 4, 301, 302, 306 through 309, and 312 through 316
      of the Federal Power Act [16 U.S.C. 797, 825, 825a, 825e to 825h,
      825k to 825o]; and
        (B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas
      Act [15 U.S.C. 717g, 717h, 717l to 717p, 717s, 717t].
    (b) Repealed. Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.
      1379
    (c) Consideration of proposals made by Secretary to amend
      regulations issued under section 753 of title 15; exception
      (1) Pursuant to the procedures specified in section 7174 of this
    title and except as provided in paragraph (2), the Commission shall
    have jurisdiction to consider any proposal by the Secretary to
    amend the regulation required to be issued under section 753(a)
    (!1) of title 15 which is required by section 757 or 760a (!1) of
    title 15 to be transmitted by the President to, and reviewed by,
    each House of Congress, under section 6421 of this title.

      (2) In the event that the President determines that an emergency
    situation of overriding national importance exists and requires the
    expeditious promulgation of a rule described in paragraph (1), the
    President may direct the Secretary to assume sole jurisdiction over
    the promulgation of such rule, and such rule shall be transmitted
    by the President to, and reviewed by, each House of Congress under
    section 757 or 760a (!1) of title 15, and section 6421 of this
    title.
    (d) Matters involving agency determinations to be made on record
      after agency hearing
      The Commission shall have jurisdiction to hear and determine any
    other matter arising under any other function of the Secretary - 
        (1) involving any agency determination required by law to be
      made on the record after an opportunity for an agency hearing; or
        (2) involving any other agency determination which the
      Secretary determines shall be made on the record after an
      opportunity for an agency hearing,

    except that nothing in this subsection shall require that functions
    under sections 6213 and 6214 (!1) of this title shall be within the
    jurisdiction of the Commission unless the Secretary assigns such a
    function to the Commission.
    (e) Matters assigned by Secretary after public notice and matters
      referred under section 7174 of this title
      In addition to the other provisions of this section, the
    Commission shall have jurisdiction over any other matter which the
    Secretary may assign to the Commission after public notice, or
    which are required to be referred to the Commission pursuant to
    section 7174 of this title.
    (f) Limitation
      No function described in this section which regulates the exports
    or imports of natural gas or electricity shall be within the
    jurisdiction of the Commission unless the Secretary assigns such a
    function to the Commission.
    (g) Final agency action
      The decision of the Commission involving any function within its
    jurisdiction, other than action by it on a matter referred to it
    pursuant to section 7174 of this title, shall be 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.
    (h) Rules, regulations, and statements of policy
      The Commission is authorized to prescribe rules, regulations, and
    statements of policy of general applicability with respect to any
    function under the jurisdiction of the Commission pursuant to this
    section.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 402, Aug. 4, 1977, 91 Stat. 583;
    Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsec. (a)(1)(A), (B), and
    (F), is act June 10, 1920, ch. 285, 41 Stat. 1063, as amended,
    which is classified generally to chapter 12 (Sec. 791a et seq.) of
    Title 16, Conservation. Parts I and II of the Federal Power Act are
    classified generally to subchapters I (Sec. 791a et seq.) and II
    (Sec. 824 et seq.), respectively, of chapter 12 of Title 16. For
    complete classification of this Act to the Code, see section 791a
    of Title 16 and Tables.
      The Natural Gas Act, referred to in subsec. (a)(1)(E), (F), is
    act June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see section 717w of Title 15 and Tables.
      Sections 753, 757, and 760a of title 15, referred to in subsec.
    (c), were omitted from the Code pursuant to section 760g of Title
    15, which provided for the expiration of the President's authority
    under those sections on Sept. 30, 1981.
      Section 6214 of this title, referred to in subsec. (d), was
    repealed by Pub. L. 106-469, title I, Sec. 103(3), Nov. 9, 2000,
    114 Stat. 2029.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (b). Pub. L. 103-272 struck out subsec. (b) which
    read as follows: "There are transferred to, and vested in, the
    Commission all functions and authority of the Interstate Commerce
    Commission or any officer or component of such Commission where the
    regulatory function establishes rates or charges for the
    transportation of oil by pipeline or establishes the valuation of
    any such pipeline." See section 60502 of Title 49, Transportation.

                      OIL PIPELINE REGULATORY REFORM                  
      Pub. L. 102-486, title XVIII, Oct. 24, 1992, 106 Stat. 3010,
    provided that:

      "SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.
      "(a) Establishment. - Not later than 1 year after the date of the
    enactment of this Act [Oct. 24, 1992], the Federal Energy
    Regulatory Commission shall issue a final rule which establishes a
    simplified and generally applicable ratemaking methodology for oil
    pipelines in accordance with section 1(5) of part I of the
    Interstate Commerce Act [former 49 U.S.C. 1(5)].
      "(b) Effective Date. - The final rule to be issued under
    subsection (a) may not take effect before the 365th day following
    the date of the issuance of the rule.

      "SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.
      "(a) Rulemaking. - Not later than 18 months after the date of the
    enactment of this Act [Oct. 24, 1992], the Commission shall issue a
    final rule to streamline procedures of the Commission relating to
    oil pipeline rates in order to avoid unnecessary regulatory costs
    and delays.
      "(b) Scope of Rulemaking. - Issues to be considered in the
    rulemaking proceeding to be conducted under subsection (a) shall
    include the following:
        "(1) Identification of information to be filed with an oil
      pipeline tariff and the availability to the public of any
      analysis of such tariff filing performed by the Commission or its
      staff.
        "(2) Qualification for standing (including definitions of
      economic interest) of parties who protest oil pipeline tariff
      filings or file complaints thereto.
        "(3) The level of specificity required for a protest or
      complaint and guidelines for Commission action on the portion of
      the tariff or rate filing subject to protest or complaint.
        "(4) An opportunity for the oil pipeline to file a response for
      the record to an initial protest or complaint.
        "(5) Identification of specific circumstances under which
      Commission staff may initiate a protest.
      "(c) Additional Procedural Changes. - In conducting the
    rulemaking proceeding to carry out subsection (a), the Commission
    shall identify and transmit to Congress any other procedural
    changes relating to oil pipeline rates which the Commission
    determines are necessary to avoid unnecessary regulatory costs and
    delays and for which additional legislative authority may be
    necessary.
      "(d) Withdrawal of Tariffs and Complaints. - 
        "(1) Withdrawal of tariffs. - If an oil pipeline tariff which
      is filed under part I of the Interstate Commerce Act [former 49
      U.S.C. 1 et seq.] and which is subject to investigation is
      withdrawn - 
          "(A) any proceeding with respect to such tariff shall be
        terminated;
          "(B) the previous tariff rate shall be reinstated; and
          "(C) any amounts collected under the withdrawn tariff rate
        which are in excess of the previous tariff rate shall be
        refunded.
        "(2) Withdrawal of complaints. - If a complaint which is filed
      under section 13 of the Interstate Commerce Act [former 49 U.S.C.
      13] with respect to an oil pipeline tariff is withdrawn, any
      proceeding with respect to such complaint shall be terminated.
      "(e) Alternative Dispute Resolution. - To the maximum extent
    practicable, the Commission shall establish appropriate alternative
    dispute resolution procedures, including required negotiations and
    voluntary arbitration, early in an oil pipeline rate proceeding as
    a method preferable to adjudication in resolving disputes relating
    to the rate. Any proposed rates derived from implementation of such
    procedures shall be considered by the Commission on an expedited
    basis for approval.

      "SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES.
      "(a) Rates Deemed Just and Reasonable. - Except as provided in
    subsection (b) - 
        "(1) any rate in effect for the 365-day period ending on the
      date of the enactment of this Act [Oct. 24, 1992] shall be deemed
      to be just and reasonable (within the meaning of section 1(5) of
      the Interstate Commerce Act [former 49 U.S.C. 1(5)]); and
        "(2) any rate in effect on the 365th day preceding the date of
      such enactment shall be deemed to be just and reasonable (within
      the meaning of such section 1(5)) regardless of whether or not,
      with respect to such rate, a new rate has been filed with the
      Commission during such 365-day period;
    if the rate in effect, as described in paragraph (1) or (2), has
    not been subject to protest, investigation, or complaint during
    such 365-day period.
      "(b) Changed Circumstances. - No person may file a complaint
    under section 13 of the Interstate Commerce Act [former 49 U.S.C.
    13] against a rate deemed to be just and reasonable under
    subsection (a) unless - 
        "(1) evidence is presented to the Commission which establishes
      that a substantial change has occurred after the date of the
      enactment of this Act [Oct. 24, 1992] - 
          "(A) in the economic circumstances of the oil pipeline which
        were a basis for the rate; or
          "(B) in the nature of the services provided which were a
        basis for the rate; or
        "(2) the person filing the complaint was under a contractual
      prohibition against the filing of a complaint which was in effect
      on the date of enactment of this Act and had been in effect prior
      to January 1, 1991, provided that a complaint by a party bound by
      such prohibition is brought within 30 days after the expiration
      of such prohibition.
    If the Commission determines pursuant to a proceeding instituted as
    a result of a complaint under section 13 of the Interstate Commerce
    Act that the rate is not just and reasonable, the rate shall not be
    deemed to be just and reasonable. Any tariff reduction or refunds
    that may result as an outcome of such a complaint shall be
    prospective from the date of the filing of the complaint.
      "(c) Limitation Regarding Unduly Discriminatory or Preferential
    Tariffs. - Nothing in this section shall prohibit any aggrieved
    person from filing a complaint under section 13 or section 15(l) of
    the Interstate Commerce Act [former 49 U.S.C. 13, 15(1)]
    challenging any tariff provision as unduly discriminatory or unduly
    preferential.

      "SEC. 1804. DEFINITIONS.
      "For the purposes of this title, the following definitions apply:
        "(1) Commission. - The term 'Commission' means the Federal
      Energy Regulatory Commission and, unless the context requires
      otherwise, includes the Oil Pipeline Board and any other office
      or component of the Commission to which the functions and
      authority vested in the Commission under section 402(b) of the
      Department of Energy Organization Act (42 U.S.C. 7172(b)) are
      delegated.
        "(2) Oil pipeline. - 
          "(A) In general. - Except as provided in subparagraph (B),
        the term 'oil pipeline' means any common carrier (within the
        meaning of the Interstate Commerce Act [former 49 U.S.C. 1 et
        seq.]) which transports oil by pipeline subject to the
        functions and authority vested in the Commission under section
        402(b) of the Department of Energy Organization Act (42 U.S.C.
        7172(b)).
          "(B) Exception. - The term 'oil pipeline' does not include
        the Trans-Alaska Pipeline authorized by the Trans-Alaska
        Pipeline Authorization Act (43 U.S.C. 1651 et seq.) or any
        pipeline delivering oil directly or indirectly to the Trans-
        Alaska Pipeline.
        "(3) Oil. - The term 'oil' has the same meaning as is given
      such term for purposes of the transfer of functions from the
      Interstate Commerce Commission to the Federal Energy Regulatory
      Commission under section 402(b) of the Department of Energy
      Organization Act (42 U.S.C. 7172(b)).
        "(4) Rate. - The term 'rate' means all charges that an oil
      pipeline requires shippers to pay for transportation services."

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7173                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7173. Initiation of rulemaking procedures before Commission

-STATUTE-
    (a) Proposal of rules, regulations, and statements of policy of
      general applicability by Secretary and Commission
      The Secretary and the Commission are authorized to propose rules,
    regulations, and statements of policy of general applicability with
    respect to any function within the jurisdiction of the Commission
    under section 7172 of this title.
    (b) Consideration and final action on proposals of Secretary
      The Commission shall have exclusive jurisdiction with respect to
    any proposal made under subsection (a) of this section, and shall
    consider and take final action on any proposal made by the
    Secretary under such subsection in an expeditious manner in
    accordance with such reasonable time limits as may be set by the
    Secretary for the completion of action by the Commission on any
    such proposal.
    (c) Utilization of rulemaking procedures for establishment of rates
      and charges under Federal Power Act and Natural Gas Act
      Any function described in section 7172 of this title which
    relates to the establishment of rates and charges under the Federal
    Power Act [16 U.S.C. 791a et seq.] or the Natural Gas Act [15
    U.S.C. 717 et seq.], may be conducted by rulemaking procedures.
    Except as provided in subsection (d) of this section, the
    procedures in such a rulemaking proceeding shall assure full
    consideration of the issues and an opportunity for interested
    persons to present their views.
    (d) Submission of written questions by interested persons
      With respect to any rule or regulation promulgated by the
    Commission to establish rates and charges for the first sale of
    natural gas by a producer or gatherer to a natural gas pipeline
    under the Natural Gas Act [15 U.S.C. 717 et seq.], the Commission
    may afford any interested person a reasonable opportunity to submit
    written questions with respect to disputed issues of fact to other
    interested persons participating in the rulemaking proceedings. The
    Commission may establish a reasonable time for both the submission
    of questions and responses thereto.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 403, Aug. 4, 1977, 91 Stat. 585.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Power Act, referred to in subsec. (c), is act June
    10, 1920, ch. 285, 41 Stat. 1063, as amended, which is classified
    generally to chapter 12 (Sec. 791a et seq.) of Title 16,
    Conservation. For complete classification of this Act to the Code,
    see section 791a of Title 16 and Tables.
      The Natural Gas Act, referred to in subsecs. (c) and (d), is act
    June 21, 1938, ch. 556, 52 Stat. 821, as amended, which is
    classified generally to chapter 15B (Sec. 717 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see section 717w of Title 15 and Tables.

-End-

-CITE-
    42 USC Sec. 7174                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7174. Referral of other rulemaking proceedings to Commission

-STATUTE-
    (a) Notification of Commission of proposed action; public comment
      Except as provided in section 7173 of this title, whenever the
    Secretary proposes to prescribe rules, regulations, and statements
    of policy of general applicability in the exercise of any function
    which is transferred to the Secretary under section 7151 of this
    title or section 60501 of title 49, he shall notify the Commission
    of the proposed action. If the Commission, in its discretion,
    determines within such period as the Secretary may prescribe, that
    the proposed action may significantly affect any function within
    the jurisdiction of the Commission pursuant to section 7172(a)(1)
    and (c)(1) of this title and section 60502 of title 49, the
    Secretary shall immediately refer the matter to the Commission,
    which shall provide an opportunity for public comment.
    (b) Recommendations of Commission; publication
      Following such opportunity for public comment the Commission,
    after consultation with the Secretary, shall either - 
        (1) concur in adoption of the rule or statement as proposed by
      the Secretary;
        (2) concur in adoption of the rule or statement only with such
      changes as it may recommend; or
        (3) recommend that the rule or statement not be adopted.

    The Commission shall promptly publish its recommendations, adopted
    under this subsection, along with an explanation of the reason for
    its actions and an analysis of the major comments, criticisms, and
    alternatives offered during the comment period.
    (c) Options of Secretary; final agency action
      Following publication of the Commission's recommendations the
    Secretary shall have the option of - 
        (1) issuing a final rule or statement in the form initially
      proposed by the Secretary if the Commission has concurred in such
      rule pursuant to subsection (b)(1) of this section;
        (2) issuing a final rule or statement in amended form so that
      the rule conforms in all respects with the changes proposed by
      the Commission if the Commission has concurred in such rule or
      statement pursuant to subsection (b)(2) of this section; or
        (3) ordering that the rule shall not be issued.

    The action taken by the Secretary pursuant to this subsection shall
    constitute a final agency action for purposes of section 704 of
    title 5.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 404, Aug. 4, 1977, 91 Stat. 586.)

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 60501 of title 49" substituted for
    reference to section 306 of this Act, meaning section 306 of Pub.
    L. 95-91 [42 U.S.C. 7155], and "section 60502 of title 49"
    substituted for reference to section 402(b), meaning section 402(b)
    of Pub. L. 95-91 [42 U.S.C. 7172(b)] on authority of Pub. L. 103-
    272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first section of
    which enacted subtitles II, III, and V to X of Title 49,
    Transportation.

-End-

-CITE-
    42 USC Sec. 7175                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7175. Right of Secretary to intervene in Commission
      proceedings

-STATUTE-
      The Secretary may as a matter of right intervene or otherwise
    participate in any proceeding before the Commission. The Secretary
    shall comply with rules of procedure of general applicability
    governing the timing of intervention or participation in such
    proceeding or activity and, upon intervening or participating
    therein, shall comply with rules of procedure of general
    applicability governing the conduct thereof. The intervention or
    participation of the Secretary in any proceeding or activity shall
    not affect the obligation of the Commission to assure procedure
    fairness to all participants.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 405, Aug. 4, 1977, 91 Stat. 586.)

-End-

-CITE-
    42 USC Sec. 7176                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7176. Reorganization

-STATUTE-
      For the purposes of chapter 9 of title 5 the Commission shall be
    deemed to be an independent regulatory agency.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 406, Aug. 4, 1977, 91 Stat. 586.)

-End-

-CITE-
    42 USC Sec. 7177                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7177. Access to information

-STATUTE-
      (a) The Secretary, each officer of the Department, and each
    Federal agency shall provide to the Commission, upon request, such
    existing information in the possession of the Department or other
    Federal agency as the Commission determines is necessary to carry
    out its responsibilities under this chapter.
      (b) The Secretary, in formulating the information to be requested
    in the reports or investigations under section 825c and section
    825j of title 16 and section 717i and section 717j of title 15
    shall include in such reports and investigations such specific
    information as requested by the Federal Energy Regulatory
    Commission and copies of all reports, information, results of
    investigations and data under said sections shall be furnished by
    the Secretary to the Federal Energy Regulatory Commission.

-SOURCE-
    (Pub. L. 95-91, title IV, Sec. 407, Aug. 4, 1977, 91 Stat. 587.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as
    amended, 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.

-End-

-CITE-
    42 USC Sec. 7178                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IV - FEDERAL ENERGY REGULATORY COMMISSION

-HEAD-
    Sec. 7178. Federal Energy Regulatory Commission fees and annual
      charges

-STATUTE-
    (a) In general
      (1) Except as provided in paragraph (2) and beginning in fiscal
    year 1987 and in each fiscal year thereafter, the Federal Energy
    Regulatory Commission shall, using the provisions of this section
    and authority provided by other laws, assess and collect fees and
    annual charges in any fiscal year in amounts equal to all of the
    costs incurred by the Commission in that fiscal year.
      (2) The provisions of this section shall not affect the
    authority, requirements, exceptions, or limitations in sections
    803(e) and 823a(e) of title 16.
    (b) Basis for assessments
      The fees or annual charges assessed shall be computed on the
    basis of methods that the Commission determines, by rule, to be
    fair and equitable.
    (c) Estimates
      The Commission may assess fees and charges under this section by
    making estimates based on data available to the Commission at the
    time of assessment.
    (d) Time of payment
      The Commission shall provide that the fees and charges assessed
    under this section shall be paid by the end of the fiscal year for
    which they were assessed.
    (e) Adjustments
      The Commission shall, after the completion of a fiscal year, make
    such adjustments in the assessments for such fiscal year as may be
    necessary to eliminate any overrecovery or underrecovery of its
    total costs, and any overcharging or undercharging of any person.
    (f) Use of funds
      All moneys received under this section shall be credited to the
    general fund of the Treasury.
    (g) Waiver
      The Commission may waive all or part of any fee or annual charge
    assessed under this section for good cause shown.

-SOURCE-
    (Pub. L. 99-509, title III, Sec. 3401, Oct. 21, 1986, 100 Stat.
    1890.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Omnibus Budget Reconciliation
    Act of 1986, and not as part of the Department of Energy
    Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND
           JUDICIAL REVIEW                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-
       SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW   

-End-

-CITE-
    42 USC Sec. 7191                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-
    Sec. 7191. Procedures for issuance of rules, regulations, or orders

-STATUTE-
    (a) Applicability of subchapter II of chapter 5 of title 5
      (1) Subject to the other requirements of this subchapter, the
    provisions of subchapter II of chapter 5 of title 5 shall apply in
    accordance with its terms to any rule or regulation, or any order
    having the applicability and effect of a rule (as defined in
    section 551(4) of title 5), issued pursuant to authority vested by
    law in, or transferred or delegated to, the Secretary, or required
    by this chapter or any other Act to be carried out by any other
    officer, employee, or component of the Department, other than the
    Commission, including any such rule, regulation, or order of a
    State, or local government agency or officer thereof, issued
    pursuant to authority delegated by the Secretary in accordance with
    this subchapter. If any provision of any Act, the functions of
    which are transferred, vested, or delegated pursuant to this
    chapter, provides administrative procedure requirements in addition
    to the requirements provided in this subchapter, such additional
    requirements shall also apply to actions under that provision.
      (2) Notwithstanding paragraph (1), this subchapter shall apply to
    the Commission to the same extent this subchapter applies to the
    Secretary in the exercise of any of the Commission's functions
    under section 7172(c)(1) of this title or which the Secretary has
    assigned under section 7172(e) of this title.
    (b) Substantial issue of fact or law or likelihood of substantial
      impact on Nation's economy, etc.; oral presentation
      (1) If the Secretary determines, on his own initiative or in
    response to any showing made pursuant to paragraph (2) (with
    respect to a proposed rule, regulation, or order described in
    subsection (a) of this section) that no substantial issue of fact
    or law exists and that such rule, regulation, or order is unlikely
    to have a substantial impact on the Nation's economy or large
    numbers of individuals or businesses, such proposed rule,
    regulation, or order may be promulgated in accordance with section
    553 of title 5. If the Secretary determines that a substantial
    issue of fact or law exists or that such rule, regulation, or order
    is likely to have a substantial impact on the Nation's economy or
    large numbers of individuals or businesses, an opportunity for oral
    presentation of views, data, and arguments shall be provided.
      (2) Any person, who would be adversely affected by the
    implementation of any proposed rule, regulation, or order who
    desires an opportunity for oral presentation of views, data, and
    arguments, may submit material supporting the existence of such
    substantial issues or such impact.
      (3) A transcript shall be kept of any oral presentation with
    respect to a rule, regulation, or order described in subsection (a)
    of this section.
    (c) Waiver of requirements
      The requirements of subsection (b) of this section may be waived
    where strict compliance is found by the Secretary to be likely to
    cause serious harm or injury to the public health, safety, or
    welfare, and such finding is set out in detail in such rule,
    regulation, or order. In the event the requirements of this section
    are waived, the requirements shall be satisfied within a reasonable
    period of time subsequent to the promulgation of such rule,
    regulation, or order.
    (d) Effects confined to single unit of local government, geographic
      area within State, or State; hearing or oral presentation
      (1) With respect to any rule, regulation, or order described in
    subsection (a) of this section, the effects of which, except for
    indirect effects of an inconsequential nature, are confined to - 
        (A) a single unit of local government or the residents thereof;
        (B) a single geographic area within a State or the residents
      thereof; or
        (C) a single State or the residents thereof;

    the Secretary shall, in any case where appropriate, afford an
    opportunity for a hearing or the oral presentation of views, and
    provide procedures for the holding of such hearing or oral
    presentation within the boundaries of the unit of local government,
    geographic area, or State described in paragraphs (A) through (C)
    of this paragraph as the case may be.
      (2) For the purposes of this subsection - 
        (A) the term "unit of local government" means a county,
      municipality, town, township, village, or other unit of general
      government below the State level; and
        (B) the term "geographic area within a State" means a special
      purpose district or other region recognized for governmental
      purposes within such State which is not a unit of local
      government.

      (3) Nothing in this subsection shall be construed as requiring a
    hearing or an oral presentation of views where none is required by
    this section or other provision of law.
    (e) Prescription of procedures for State and local government
      agencies
      Where authorized by any law vested, transferred, or delegated
    pursuant to this chapter, the Secretary may, by rule, prescribe
    procedures for State or local government agencies authorized by the
    Secretary to carry out such functions as may be permitted under
    applicable law. Such procedures shall apply to such agencies in
    lieu of this section, and shall require that prior to taking any
    action, such agencies shall take steps reasonably calculated to
    provide notice to persons who may be affected by the action, and
    shall afford an opportunity for presentation of views (including
    oral presentation of views where practicable) within a reasonable
    time before taking the action.

-SOURCE-
    (Pub. L. 95-91, title V, Sec. 501, Aug. 4, 1977, 91 Stat. 587; Pub.
    L. 105-28, Sec. 2(a), July 18, 1997, 111 Stat. 245.)

-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (b). Pub. L. 105-28, Sec. 2(a)(1), (2),
    redesignated subsec. (c) as (b) and struck out former subsec. (b)
    which read as follows:
      "(1) In addition to the requirements of subsection (a) of this
    section, notice of any proposed rule, regulation, or order
    described in subsection (a) of this section shall be given by
    publication of such proposed rule, regulation, or order in the
    Federal Register. Such publication shall be accompanied by a
    statement of the research, analysis, and other available
    information in support of, the need for, and the probable effect
    of, any such proposed rule, regulation, or order. Other effective
    means of publicity shall be utilized as may be reasonably
    calculated to notify concerned or affected persons of the nature
    and probable effect of any such proposed rule, regulation, or
    order. In each case, a minimum of thirty days following such
    publication shall be provided for an opportunity to comment prior
    to promulgation of any such rule, regulation, or order.
      "(2) Public notice of all rules, regulations, or orders described
    in subsection (a) of this section which are promulgated by officers
    of a State or local government agency pursuant to a delegation
    under this chapter shall be provided by publication of such
    proposed rules, regulations, or orders in at least two newspapers
    of statewide circulation. If such publication is not practicable,
    notice of any such rule, regulation, or order shall be given by
    such other means as the officer promulgating such rule, regulation,
    or order determines will reasonably assure wide public notice.
      "(3) For the purposes of this subchapter, the exception from the
    requirements of section 553 of title 5 provided by subsection
    (a)(2) of such section with respect to public property, loans,
    grants, or contracts shall not be available."
      Subsec. (c). Pub. L. 105-28, Sec. 2(a)(2), (3), redesignated
    subsec. (e) as (c) and substituted "subsection (b)" for
    "subsections (b), (c), and (d)". Former subsec. (c) redesignated
    (b).
      Subsec. (d). Pub. L. 105-28, Sec. 2(a)(1), (2), redesignated
    subsec. (f) as (d) and struck out former subsec. (d) which read as
    follows: "Following the notice and comment period, including any
    oral presentation required by this subsection, the Secretary may
    promulgate a rule if the rule is accompanied by an explanation
    responding to the major comments, criticisms, and alternatives
    offered during the comment period."
      Subsecs. (e) to (g). Pub. L. 105-28, Sec. 2(a)(2), redesignated
    subsecs. (e) to (g) as (c) to (e), respectively.

-End-

-CITE-
    42 USC Sec. 7192                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-
    Sec. 7192. Judicial review

-STATUTE-
    (a) Agency action
      Judicial review of agency action taken under any law the
    functions of which are vested by law in, or transferred or
    delegated to the Secretary, the Commission or any officer,
    employee, or component of the Department shall, notwithstanding
    such vesting, transfer, or delegation, be made in the manner
    specified in or for such law.
    (b) Review by district court of United States; removal
      Notwithstanding the amount in controversy, the district courts of
    the United States shall have exclusive original jurisdiction of all
    other cases or controversies arising exclusively under this
    chapter, or under rules, regulations, or orders issued exclusively
    thereunder, other than any actions taken to implement or enforce
    any rule, regulation, or order by any officer of a State or local
    government agency under this chapter, except that nothing in this
    section affects the power of any court of competent jurisdiction to
    consider, hear, and determine in any proceeding before it any issue
    raised by way of defense (other than a defense based on the
    unconstitutionality of this chapter or the validity of action taken
    by any agency under this chapter). If in any such proceeding an
    issue by way of defense is raised based on the unconstitutionality
    of this chapter or the validity of agency action under this
    chapter, the case shall be subject to removal by either party to a
    district court of the United States in accordance with the
    applicable provisions of chapter 89 of title 28. Cases or
    controversies arising under any rule, regulation, or order of any
    officer of a State or local government agency may be heard in
    either (A) any appropriate State court, or (B) without regard to
    the amount in controversy, the district courts of the United
    States.
    (c) Litigation supervision by Attorney General
      Subject to the provisions of section 7171(i) of this title and
    notwithstanding any other law, the litigation of the Department
    shall be subject to the supervision of the Attorney General
    pursuant to chapter 31 of title 28. The Attorney General may
    authorize any attorney of the Department to conduct any civil
    litigation of the Department in any Federal court except the
    Supreme Court.

-SOURCE-
    (Pub. L. 95-91, title V, Sec. 502, Aug. 4, 1977, 91 Stat. 589.)

-End-

-CITE-
    42 USC Sec. 7193                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-
    Sec. 7193. Remedial orders

-STATUTE-
    (a) Violations of rules, regulations, or orders promulgated
      pursuant to Emergency Petroleum Allocation Act of 1973
      If upon investigation the Secretary or his authorized
    representative believes that a person has violated any regulation,
    rule, or order described in section 7191(a) of this title
    promulgated pursuant to the Emergency Petroleum Allocation Act of
    1973 (!1) [15 U.S.C. 751 et seq.], he may issue a remedial order to
    the person. Each remedial order shall be in writing and shall
    describe with particularity the nature of the violation, including
    a reference to the provision of such rule, regulation, or order
    alleged to have been violated. For purposes of this section
    "person" includes any individual, association, company,
    corporation, partnership, or other entity however organized.

    (b) Notice of intent to contest; final order not subject to review
      If within thirty days after the receipt of the remedial order
    issued by the Secretary, the person fails to notify the Secretary
    that he intends to contest the remedial order, the remedial order
    shall become effective and shall be deemed a final order of the
    Secretary and not subject to review by any court or agency.
    (c) Notice of contestation to Commission; stay; hearing; cross
      examination; final order; enforcement and review
      If within thirty days after the receipt of the remedial order
    issued by the Secretary, the person notifies the Secretary that he
    intends to contest a remedial order issued under subsection (a) of
    this section, the Secretary shall immediately advise the Commission
    of such notification. Upon such notice, the Commission shall stay
    the effect of the remedial order, unless the Commission finds the
    public interest requires immediate compliance with such remedial
    order. The Commission shall, upon request, afford an opportunity
    for a hearing, including, at a minimum, the submission of briefs,
    oral or documentary evidence, and oral arguments. To the extent
    that the Commission in its discretion determines that such is
    required for a full and true disclosure of the facts, the
    Commission shall afford the right of cross examination. The
    Commission shall thereafter issue an order, based on findings of
    fact, affirming, modifying, or vacating the Secretary's remedial
    order, or directing other appropriate relief, and such order shall,
    for the purpose of judicial review, constitute a final agency
    action, except that enforcement and other judicial review of such
    action shall be the responsibility of the Secretary.
    (d) Time limits
      The Secretary may set reasonable time limits for the Commission
    to complete action on a proceeding referred to it pursuant to this
    section.
    (e) Effect on procedural action taken by Secretary prior to
      issuance of initial remedial order
      Nothing in preceding provisions of this section shall be
    construed to affect any procedural action 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 petroleum products
      With respect to any person whose sole petroleum industry
    operation relates to the marketing 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 remedial 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 regulation or is based upon a
      retroactive interpretation 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.

-SOURCE-
    (Pub. L. 95-91, title V, Sec. 503, Aug. 4, 1977, 91 Stat. 590; Pub.
    L. 95-620, title VIII, Sec. 805, Nov. 9, 1978, 92 Stat. 3348.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Emergency Petroleum Allocation Act of 1973, referred to in
    subsec. (a), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as
    amended, which was classified generally to chapter 16A (Sec. 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 President's authority under that chapter on Sept.
    30, 1981.

-MISC1-
                                AMENDMENTS                            
      1978 - Subsecs. (e), (f). Pub. L. 95-620, Sec. 805(b), inserted
    "preceding provisions of" before "this section".
      Subsec. (g). Pub. L. 95-620, Sec. 805(a), added subsec. (g).

                     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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7194                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-
    Sec. 7194. Requests for adjustments

-STATUTE-
      (a) The Secretary or any officer designated by him shall provide
    for the making of such adjustments 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 Allocation Act of 1973 (!1) [15 U.S.C. 751 et seq.], the
    Energy 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
    procedures which are available to any person for the purpose of
    seeking an interpretation, modification, or recission (!2) of,
    exception to, or exemption from, such rule, regulation or order.
    The Secretary or any such officer shall additionally insure that
    each decision on any application or petition 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 application or petition.

      (b)(1) If any person is aggrieved or adversely affected by a
    denial of a request for adjustment under subsection (a) of this
    section 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
    considered 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 involving
    judicial review of such action shall be the responsibility of the
    Secretary.

-SOURCE-
    (Pub. L. 95-91, title V, Sec. 504, Aug. 4, 1977, 91 Stat. 590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Energy Administration Act, referred to in subsec.
    (a), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as amended, which
    is classified generally to chapter 16B (Sec. 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, referred to in
    subsec. (a), is Pub. L. 93-159, Nov. 27, 1973, 87 Stat. 628, as
    amended, which was classified generally to chapter 16A (Sec. 751 et
    seq.) of Title 15, and was omitted from the Code pursuant to
    section 760g of Title 15, which provided 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, as amended, which is classified principally to chapter
    16C (Sec. 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, as amended,
    which is classified principally to chapter 77 (Sec. 6201 et seq.)
    of this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 6201 of this title and
    Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "recision".

-End-

-CITE-
    42 USC Sec. 7195                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER V - ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

-HEAD-
    Sec. 7195. Report to Congress; contents

-STATUTE-
      Within one year after October 1, 1977, the Secretary shall submit
    a report to Congress concerning the actions taken to implement
    section 7191 of this title. The report shall include a discussion
    of the adequacy of such section from the standpoint of the
    Department and the public, including a summary of any comments
    obtained by the Secretary from the public about such section and
    implementing regulations, and such recommendations as the Secretary
    deems appropriate concerning the procedures required by such
    section.

-SOURCE-
    (Pub. L. 95-91, title V, Sec. 505, Aug. 4, 1977, 91 Stat. 591.)

-End-

-CITE-
    42 USC SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS

-HEAD-
                 SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS             

-End-

-CITE-
    42 USC Part A - Conflict of Interest Provisions             01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part A - Conflict of Interest Provisions

-HEAD-
                 PART A - CONFLICT OF INTEREST PROVISIONS             

-End-

-CITE-
    42 USC Secs. 7211, 7212                                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part A - Conflict of Interest Provisions

-HEAD-
    Secs. 7211, 7212. Repealed. Pub. L. 104-106, div. D, title XLIII,
      Sec. 4304(b)(6), Feb. 10, 1996, 110 Stat. 664

-MISC1-
      Section 7211, Pub. L. 95-91, title VI, Sec. 601, Aug. 4, 1977, 91
    Stat. 591; Pub. L. 103-160, div. C, title XXXI, Sec. 3161(c)(1)(A),
    (B), Nov. 30, 1993, 107 Stat. 1958, related to definitions of
    supervisory employees and energy concern.
      Section 7212, Pub. L. 95-91, title VI, Sec. 602, Aug. 4, 1977, 91
    Stat. 592; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43
    F.R. 36037, 92 Stat. 3784; Pub. L. 103-160, div. C, title XXXI,
    Sec. 3161(b), (c)(1)(C), Nov. 30, 1993, 107 Stat. 1958, related to
    divestiture of energy holdings by supervisory employees.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of Title 41, Public Contracts.

-End-

-CITE-
    42 USC Secs. 7213 to 7217                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part A - Conflict of Interest Provisions

-HEAD-
    Secs. 7213 to 7217. Repealed. Pub. L. 103-160, div. C, title XXXI,
      Sec. 3161(a), Nov. 30, 1993, 107 Stat. 1957

-MISC1-
      Section 7213, Pub. L. 95-91, title VI, Sec. 603, Aug. 4, 1977, 91
    Stat. 593, related to disclosure of energy assets.
      Section 7214, Pub. L. 95-91, title VI, Sec. 604, Aug. 4, 1977, 91
    Stat. 594, required, with exceptions for certain information, that
    supervisory employees of Department file report on prior
    employment.
      Section 7215, Pub. L. 95-91, title VI, Sec. 605, Aug. 4, 1977, 91
    Stat. 594, related to postemployment prohibitions and reporting
    requirements.
      Section 7216, Pub. L. 95-91, title VI, Sec. 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, Sec. 607, Aug. 4, 1977, 91
    Stat. 596; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43
    F.R. 36037, 92 Stat. 3784, related to procedures applicable to
    reports under former sections 7213, 7214, and 7215 of this title.

-End-

-CITE-
    42 USC Sec. 7218                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part A - Conflict of Interest Provisions

-HEAD-
    Sec. 7218. Repealed. Pub. L. 104-106, div. D, title XLIII, Sec.
      4304(b)(6), Feb. 10, 1996, 110 Stat. 664

-MISC1-
      Section, Pub. L. 95-91, title VI, Sec. 603, formerly Sec. 608,
    Aug. 4, 1977, 91 Stat. 596; renumbered Sec. 603 and amended, Pub.
    L. 103-160, div. C, title XXXI, Sec. 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.

                         EFFECTIVE DATE OF REPEAL                     
      For effective date and applicability of repeal, see section 4401
    of Pub. L. 104-106, set out as an Effective Date of 1996 Amendment
    note under section 251 of Title 41, Public Contracts.

-End-

-CITE-
    42 USC Part B - Personnel Provisions                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
                       PART B - PERSONNEL PROVISIONS                   

-End-

-CITE-
    42 USC Sec. 7231                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7231. Officers and employees

-STATUTE-
    (a) Authority of Secretary to appoint and fix compensation
      In the performance of his functions the Secretary is authorized
    to appoint and fix the compensation of such officers and employees,
    including 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 paragraph (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 service 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 subsection to appoint an
    individual to such a position 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 positions 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 sentences of section 5108(a) (!1) of
    such title, the Secretary may place at GS-16, GS-17, and GS-18, not
    to exceed one hundred seventy-eight positions 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 sections 3324 of title 5, relating to the
    approval by the Director of the Office of Personnel Management 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 subsection with respect
    to any position shall cease when the person first appointed to fill
    such position leaves such position.
    (d) Appointment of additional scientific, engineering, etc.,
      personnel without regard to civil service laws; compensation
      In addition to the number of positions which may be placed at GS-
    16, GS-17, and GS-18 under section 5108 of title 5, under existing
    law, or under this chapter, and to the extent the Secretary deems
    such action necessary to the discharge of his functions, he may
    appoint not more than two hundred of the scientific, engineering,
    professional, and administrative personnel without regard to the
    civil service 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.
    (e) Determination of maximum aggregate number of positions
      For the purposes of determining the maximum aggregate number of
    positions which may be placed at GS-16, GS-17, or GS-18 under
    section 5108(a) of title 5, 63 percent of the positions established
    under subsections (b) and (c) of this section shall be deemed GS-16
    positions, 25 percent of such positions shall be deemed GS-17
    positions, and 12 percent of such positions shall be deemed GS-18.
    (f) Intelligence and intelligence-related positions exempt from
      competitive service
      All positions in the Department which the Secretary determines
    are devoted to intelligence and intelligence-related activities of
    the United States Government are excepted from the competitive
    service, and the individuals who occupy such positions as of August
    14, 1991, shall, while employed in such positions, be exempt from
    the competitive service.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 621, Aug. 4, 1977, 91 Stat. 596;
    1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037,
    92 Stat. 3784; Pub. L. 102-88, title IV, Sec. 403, Aug. 14, 1991,
    105 Stat. 434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsecs. (a), (b)(1), (2),
    and (d), are set out in Title 5, Government Organization and
    Employees. See, particularly, section 3301 et seq. of Title 5.
      Section 5108(a) of title 5, referred to in subsec. (c)(1), was
    amended generally by Pub. L. 101-509, title V, Sec. 529 [title I,
    Sec. 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443, and, as so
    amended, contains only one sentence.
      This chapter, referred to in subsecs. (c)(2) and (d), was in the
    original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat.
    565, as amended, 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.

-COD-
                               CODIFICATION                           
      August 14, 1991, referred to in subsec. (f), was in the original
    "the date of enactment of this Act", which was translated as
    meaning the date of enactment of Pub. L. 102-88, which enacted
    subsec. (f) of this section, to reflect the probable intent of
    Congress.

-MISC1-
                                AMENDMENTS                            
      1991 - Subsec. (f). Pub. L. 102-88 added subsec. (f).

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      "Director of the Office of Personnel Management" substituted for
    "Civil Service Commission" in subsec. (c)(2), pursuant to Reorg.
    Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
    under section 1101 of Title 5, Government Organization and
    Employees, which transferred all functions vested by statute in
    United States Civil Service Commission to Director of Office of
    Personnel Management (except as otherwise specified), 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.

-MISC2-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

     AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND
                            TECHNICAL PERSONNEL
      Pub. L. 103-337, div. C, title XXXI, Sec. 3161, Oct. 5, 1994, 108
    Stat. 3095, as amended by Pub. L. 105-85, div. C, title XXXI, Sec.
    3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105-261, div. C, title
    XXXI, Secs. 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub.
    L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3191], Oct. 30, 2000,
    114 Stat. 1654, 1654A-480; Pub. L. 107-314, div. C, title XXXI,
    Sec. 3174, Dec. 2, 2002, 116 Stat. 2745, which was formerly set out
    as a note under this section, was renumbered section 4601 of Pub.
    L. 107-314, the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(2), Nov. 24, 2003, 117 Stat. 1776, and is classified to
    section 2701 of Title 50, War and National Defense.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7232                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7232. Senior positions

-STATUTE-
      In addition to those positions created by subchapter II of this
    chapter, there shall be within the Department fourteen additional
    officers in positions authorized by section 5316 of title 5 who
    shall be appointed by the Secretary and who shall perform such
    functions as the Secretary shall prescribe from time to time.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 622, Aug. 4, 1977, 91 Stat. 597.)

-End-

-CITE-
    42 USC Sec. 7233                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7233. Experts and consultants

-STATUTE-
      The Secretary may obtain services as authorized by section 3109
    of title 5, at rates not to exceed the daily rate prescribed for
    grade GS-18 of the General Schedule under section 5332 of title 5
    for persons in Government service employed intermittently.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 623, Aug. 4, 1977, 91 Stat. 598.)

-MISC1-
          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-End-

-CITE-
    42 USC Sec. 7234                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7234. Advisory committees

-STATUTE-
      The Secretary is authorized to establish in accordance with the
    Federal Advisory Committee Act such advisory committees as he may
    deem appropriate to assist in the performance of his functions.
    Members of such advisory committees, other than full-time employees
    of the Federal Government, while attending meetings of such
    committees or while otherwise serving at the request of the
    Secretary while serving away from their homes or regular places of
    business, may be allowed travel expenses, including per diem in
    lieu of subsistence, as authorized by section 5703 of title 5 for
    individuals in the Government serving without pay.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 624, Aug. 4, 1977, 91 Stat. 598;
    Pub. L. 105-28, Sec. 2(b)(1), July 18, 1997, 111 Stat. 245.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Advisory Committee Act, referred to in text, is Pub.
    L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out
    in the Appendix to Title 5, Government Organization and Employees.

-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-28 struck out subsec. (a) designation and
    struck out subsec. (b) which read as follows: "Section 776 of title
    15 shall be applicable to advisory committees chartered by the
    Secretary, or transferred to the Secretary or the Department under
    this chapter, except that where an advisory committee advises the
    Secretary on matters pertaining to research and development, the
    Secretary may determine that such meeting shall be closed because
    it involves research and development matters and comes within the
    exemption of section 552b(c)(4) of title 5."

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

     DEPARTMENT OF ENERGY PROJECT REVIEW GROUPS NOT SUBJECT TO FEDERAL
       ADVISORY COMMITTEE ACT BY REASON OF INCLUSION OF EMPLOYEES OF
         DEPARTMENT OF ENERGY MANAGEMENT AND OPERATING CONTRACTORS
      Pub. L. 108-136, div. C, title XXXI, Sec. 3112, Nov. 24, 2003,
    117 Stat. 1743, provided that: "An officer or employee of a
    management and operating contractor of the Department of Energy,
    when serving as a member of a group reviewing or advising on
    matters related to any one or more management and operating
    contracts of the Department, shall be treated as an officer or
    employee of the Department for purposes of determining whether the
    group is an advisory committee within the meaning of section 3 of
    the Federal Advisory Committee Act (5 U.S.C. App.)."

-End-

-CITE-
    42 USC Sec. 7235                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7235. Armed services personnel

-STATUTE-
      (a) The Secretary is authorized to provide for participation of
    Armed Forces personnel in carrying out functions authorized to be
    performed, on August 4, 1977, in the Energy Research and
    Development Administration and under chapter 641 of title 10.
    Members of the Armed Forces may be detailed for service in the
    Department by the Secretary concerned (as such term is defined in
    section 101 of such title) pursuant to cooperative agreements with
    the Secretary.
      (b) The detail of any personnel to the Department under this
    section shall in no way affect status, office, rank, or grade which
    officers or enlisted men may occupy or hold or any emolument,
    perquisite, right, privilege, or benefit incident to, or arising
    out of, such status, office, rank, or grade. A member so detailed
    shall not be subject to direction or control by his armed force, or
    any officer thereof, directly or indirectly, with respect to the
    responsibilities exercised in the position to which detailed.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 625, Aug. 4, 1977, 91 Stat. 598;
    Pub. L. 95-509, title II, Sec. 210, Oct. 24, 1978, 92 Stat. 1779.)

-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (b). Pub. L. 95-509 struck out requirement that a
    detailed member be charged to the limitations applicable to the
    Department and prohibition of such member from being charged to any
    statutory or other limitation or strengths applicable to the Armed
    Forces.

-End-

-CITE-
    42 USC Sec. 7236                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7236. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 101-189, div. C, title XXXI, Sec. 3142, Nov. 29,
    1989, 103 Stat. 1680, which related to executive management
    training in the Department of Energy, was renumbered section 4621
    of Pub. L. 107-314, the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(i)(8)(A)-(C), Nov. 24, 2003, 117 Stat. 1778, and is
    classified to section 2721 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7237                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7237. Priority placement, job placement, retraining, and
      counseling programs for United States Department of Energy
      employees affected by reduction in force

-STATUTE-
    (a) Definitions
      (1) For the purposes of this section, the term "agency" means the
    United States Department of Energy.
      (2) For the purposes of this section, the term "eligible
    employee" means any employee of the agency who - 
        (A) is scheduled to be separated from service due to a
      reduction in force under - 
          (i) regulations prescribed under section 3502 of title 5; or
          (ii) procedures established under section 3595 of title 5; or

        (B) is separated from service due to such a reduction in force,
      but does not include - 
          (i) an employee separated from service for cause on charges
        of misconduct or delinquency; or
          (ii) an employee who, at the time of separation, meets the
        age and service requirements for an immediate annuity under
        subchapter III of chapter 83 or chapter 84 of title 5.
    (b) Priority placement and retraining program
      Not later than 30 days after September 30, 1996, the United
    States Department of Energy shall establish an agency-wide priority
    placement and retraining program for eligible employees.
    (c) Filling vacancy from outside agency
      The priority placement program established under subsection (b)
    of this section shall include provisions under which a vacant
    position shall not be filled by the appointment or transfer of any
    individual from outside of the agency if - 
        (1) there is then available any eligible employee who applies
      for the position within 30 days of the agency issuing a job
      announcement and is qualified (or can be trained or retrained to
      become qualified within 90 days of assuming the position) for the
      position; and
        (2) the position is within the same commuting area as the
      eligible employee's last-held position or residence.
    (d) Job placement and counseling services
      The head of the agency may establish a program to provide job
    placement and counseling services to eligible employees. A program
    established under subsection (d) of this section may include, but
    is not limited to, such services as - 
        (1) career and personal counseling;
        (2) training and job search skills; and
        (3) job placement assistance, including assistance provided
      through cooperative arrangements with State and local employment
      services offices.

-SOURCE-
    (Pub. L. 104-206, title III, Sec. 301, Sept. 30, 1996, 110 Stat.
    2999.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 1997, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7238                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7238. Temporary appointments for scientific and technical
      experts in Department of Energy research and development programs

-STATUTE-
      (a) The Secretary, utilizing authority under other applicable law
    and the authority of this section, may appoint for a limited term,
    or on a temporary basis, scientists, engineers, and other technical
    and professional personnel on leave of absence from academic,
    industrial, or research institutions to work for the Department.
      (b) The Department may pay, to the extent authorized for certain
    other Federal employees by section 5723 of title 5, travel expenses
    for any individual appointed for a limited term or on a temporary
    basis and transportation expenses of his or her immediate family
    and his or her household goods and personal effects from that
    individual's residence at the time of selection or assignment to
    his or her duty station. The Department may pay such travel
    expenses to the same extent for such an individual's return to the
    former place of residence from his or her duty station, upon
    separation from the Federal service following an agreed period of
    service. The Department may also pay a per diem allowance at a rate
    not to exceed the daily amounts prescribed under section 5702 of
    title 5 to such an individual, in lieu of transportation expenses
    of the immediate family and household goods and personal effects,
    for the period of his or her employment with the Department.
    Notwithstanding any other provision of law, the employer's
    contribution to any retirement, life insurance, or health benefit
    plan for an individual appointed for a term of one year or less,
    which could be extended for no more than one additional year, may
    be made or reimbursed from appropriations available to the
    Department.

-SOURCE-
    (Pub. L. 104-271, title III, Sec. 301, Oct. 9, 1996, 110 Stat.
    3307.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Hydrogen Future Act of 1996,
    and not as part of the Department of Energy Organization Act which
    comprises this chapter.

-CROSS-
                                DEFINITIONS                            
      Section 2 of Pub. L. 104-271 provided that: "For purposes of
    titles II and III [enacting this section and provisions set out as
    a note under section 12403 of this title] - 
        "(1) the term 'Department' means the Department of Energy; and
        "(2) the term 'Secretary' means the Secretary of Energy."

-End-

-CITE-
    42 USC Sec. 7239                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part B - Personnel Provisions

-HEAD-
    Sec. 7239. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 106-65, div. C, title XXXI, Sec. 3164, Oct. 5,
    1999, 113 Stat. 946, which related to the whistleblower protection
    program, was renumbered section 4602 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(i)(3)(A)-(C), Nov.
    24, 2003, 117 Stat. 1776, and is classified to section 2702 of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Part C - General Administrative Provisions           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
                PART C - GENERAL ADMINISTRATIVE PROVISIONS            

-End-

-CITE-
    42 USC Sec. 7251                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7251. General authority

-STATUTE-
      To the extent necessary or appropriate to perform any function
    transferred by this chapter, the Secretary or any officer or
    employee of the Department may exercise, in carrying out the
    function so transferred, any authority or part thereof available by
    law, including appropriation Acts, to the official or agency from
    which such function was transferred.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 641, Aug. 4, 1977, 91 Stat. 598.)

-MISC1-
              DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD          
      Pub. L. 105-85, div. C, title XXXI, Sec. 3161, Nov. 18, 1997, 111
    Stat. 2048, required the Secretary of Energy to establish the
    Department of Energy Security Management Board, and provided for
    its duties which related to the security functions of the
    Department, and its membership, appointments, personnel,
    compensation, expenses, and termination on Oct. 31, 2000, prior to
    repeal by Pub. L. 106-65, div. C, title XXXI, Sec. 3142(h)(1), Oct.
    5, 1999, 113 Stat. 933.

-End-

-CITE-
    42 USC Sec. 7252                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7252. Delegation

-STATUTE-
      Except as otherwise expressly prohibited by law, and except as
    otherwise provided in this chapter, the Secretary may delegate any
    of his functions to such officers and employees of the Department
    as he may designate, and may authorize such successive
    redelegations of such functions within the Department as he may
    deem to be necessary or appropriate.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 642, Aug. 4, 1977, 91 Stat. 599.)

-MISC1-
       REORGANIZATION OF FIELD ACTIVITIES AND MANAGEMENT OF NATIONAL
                            SECURITY FUNCTIONS
      Pub. L. 104-206, title III, Sec. 302, Sept. 30, 1996, 110 Stat.
    2999, provided that: "None of the funds appropriated by this or any
    other Act may be used to implement section 3140 of H.R. 3230 as
    reported by the Committee of Conference on July 30, 1996 [Pub. L.
    104-201, set out below]. The Secretary of Energy shall develop a
    plan to reorganize the field activities and management of the
    national security functions of the Department of Energy and shall
    submit such plan to the Congress not later than 120 days after the
    date of enactment of this Act [Sept. 30, 1996]. The plan will
    specifically identify all significant functions performed by the
    Department's national security operations and area offices and make
    recommendations as to where those functions should be performed."
      Pub. L. 104-201, div. C, title XXXI, Sec. 3140, Sept. 23, 1996,
    110 Stat. 2833, which was formerly set out as a note under this
    section, was renumbered section 4102 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(d)(3)(A)-(C), Nov.
    24, 2003, 117 Stat. 1757, and is classified to section 2512 of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7253                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7253. Reorganization

-STATUTE-
      (a) Subject to subsection (b) of this section, the Secretary is
    authorized to establish, alter, consolidate or discontinue such
    organizational units or components within the Department as he may
    deem to be necessary or appropriate. Such authority shall not
    extend to the abolition of organizational units or components
    established by this chapter, or to the transfer of functions vested
    by this chapter in any organizational unit or component.
      (b) (!1) The authority of the Secretary to establish, abolish,
    alter, consolidate, or discontinue any organizational unit or
    component of the National Nuclear Security Administration is
    governed by the provisions of section 2409 of title 50.

      (b) (!1) The authority of the Secretary under subsection (a) of
    this section does not apply to the National Nuclear Security
    Administration. The corresponding authority that applies to the
    Administration is set forth in section 2402(e) (!2) of title 50.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 643, Aug. 4, 1977, 91 Stat. 599;
    Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 314(b)], Oct. 27,
    2000, 114 Stat. 1441, 1441A-81; Pub. L. 106-398, Sec. 1 [div. C,
    title XXXI, Sec. 3159(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-
    470.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2402(e) of title 50, referred to in subsec. (b) set out
    second, probably means the subsec. (e) of section 2402 which
    relates to reorganization authority and was added by Pub. L. 106-
    398, Sec. 1 [div. C, title XXXI, Sec. 3159(a)] Oct. 30, 2000, 114
    Stat. 1654, 1654A-469 and redesignated section 2402(f) of title 50
    by Pub. L. 107-107, div. A, title X, Sec. 1048(i)(12), Dec. 28,
    2001, 115 Stat. 1230.

-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-398, Sec. 1 [div. C, title XXXI,
    Sec. 3159(b)(1)], which directed amendment of section by
    substituting "(a) Except as provided in subsection (b) of this
    section, the Secretary" for "The Secretary", could not be executed
    because the words "The Secretary" did not appear after execution of
    the amendment by Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec.
    314(b)(1)]. See below.
      Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 314(b)(1)],
    designated existing provisions as subsec. (a) and substituted
    "Subject to subsection (b) of this section, the Secretary" for "The
    Secretary".
      Subsec. (b). Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec.
    3159(b)(2)], added subsec. (b) relating to nonapplicability of
    authority of Secretary under subsec. (a) of this section to
    National Nuclear Security Administration.
      Pub. L. 106-377, Sec. 1(a)(2) [title III, Sec. 314(b)(2)], added
    subsec. (b) relating to authority of Secretary as to National
    Nuclear Security Administration.

-FOOTNOTE-
    (!1) So in original. Two subsecs. (b) have been enacted.

    (!2) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7254                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7254. Rules and regulations

-STATUTE-
      The Secretary is authorized to prescribe such procedural and
    administrative rules and regulations as he may deem necessary or
    appropriate to administer and manage the functions now or hereafter
    vested in him.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 644, Aug. 4, 1977, 91 Stat. 599.)

-End-

-CITE-
    42 USC Sec. 7255                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7255. Subpoena

-STATUTE-
      For the purpose of carrying out the provisions of this chapter,
    the Secretary, or his duly authorized agent or agents, shall have
    the same powers and authorities as the Federal Trade Commission
    under section 49 of title 15 with respect to all functions vested
    in, or transferred or delegated to, the Secretary or such agents by
    this chapter. For purposes of carrying out its responsibilities
    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.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 645, Aug. 4, 1977, 91 Stat. 599;
    Pub. L. 95-621, title V, Sec. 508(a), Nov. 9, 1978, 92 Stat. 3408.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      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 (Sec. 3301 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 3301 of Title 15 and Tables.

-MISC1-
                                AMENDMENTS                            
      1978 - Pub. L. 95-621 inserted provision giving the Commission
    the same powers and authority as the Secretary under this section
    for purposes of carrying out its responsibilities under the Natural
    Gas Policy Act of 1978.

-End-

-CITE-
    42 USC Sec. 7256                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7256. Contracts, leases, etc., with public agencies and
      private organizations and persons

-STATUTE-
    (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 appropriation Acts.
    (c) Leasing of excess Department of Energy property
      The Secretary may lease, upon terms and conditions 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) of this section may
    not be for a term of more than 10 years, except 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) of this section 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
    protection and maintenance of the leased property may constitute
    all or part of such consideration.
    (e) Environmental concerns
      (1) Before entering into a lease under subsection (c) of this
    section, 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 appropriate State
    official (with respect to property located on a site that is not
    listed on the National 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
    consistent with safety and the protection of public health and the
    environment.
      (2) Before entering into a lease under subsection (c) of this
    section, the Secretary shall obtain the concurrence of the
    Administrator of the Environmental Protection Agency or the
    appropriate State official, as the case may be, in the
    determination required under paragraph (1). The Secretary may enter
    into a lease under subsection (c) of this section without obtaining
    such concurrence if, within 60 days after the Secretary requests
    the concurrence, the Administrator or appropriate State official,
    as the case may be, fails to submit to the Secretary a notice of
    such individual's concurrence with, or rejection of, the
    determination.
    (f) Retention and use of rentals; report
      To the extent provided in advance in appropriations Acts, the
    Secretary may retain and use money rentals received by the
    Secretary directly from a lease entered into under subsection (c)
    of this section in any amount the Secretary considers necessary to
    cover the administrative expenses of the lease, the maintenance and
    repair of the leased property, or environmental restoration
    activities at the facility where the leased property is located.
    Amounts retained under this subsection shall be retained in a
    separate fund established in the Treasury for such purpose. The
    Secretary shall annually submit to the Congress a report on amounts
    retained and amounts used under this subsection.
    (g) Additional authorities
      (1) In addition to authority granted to the Secretary under any
    other provision of law, the Secretary may exercise the same
    authority to enter into transactions (other than contracts,
    cooperative agreements, and grants), subject to the same terms and
    conditions as the Secretary of Defense under section 2371 of title
    10 (other than subsections (b) and (f) of that section).
      (2) In applying section 2371 of title 10 to the Secretary under
    paragraph (1) - 
        (A) the term "basic" shall be replaced by the term "research";
        (B) the term "applied" shall be replaced by the term
      "development"; and
        (C) the terms "advanced research projects" and "advanced
      research" shall be replaced by the term "demonstration projects".

      (3) The authority of the Secretary under paragraph (1) shall not
    be subject to - 
        (A) section 5908 of this title; or
        (B) section 2182 of this title.

      (4)(A) The Secretary shall use such competitive, merit-based
    selection procedures in entering into transactions under paragraph
    (1), as the Secretary determines in writing to be practicable.
      (B) A transaction under paragraph (1) shall relate to a research,
    development, or demonstration project only if the Secretary
    determines in writing that the use of a standard contract, grant,
    or cooperative agreement for the project is not feasible or
    appropriate.
      (5) The Secretary may protect from disclosure, for up to 5 years
    after the date on which the information is developed, any
    information developed pursuant to a transaction under paragraph (1)
    that would be protected from disclosure under section 552(b)(4) of
    title 5, if obtained from a person other than a Federal agency.
      (6)(A) Not later than 90 days after August 8, 2005, the Secretary
    shall issue guidelines for transactions under paragraph (1).
      (B) The guidelines shall be published in the Federal Register for
    public comment in accordance with rulemaking procedures of the
    Department.
      (C) The Secretary shall not have authority to carry out
    transactions under paragraph (1) until the guidelines for
    transactions required under subparagraph (A) are final.
      (7) The annual report of the head of an executive agency under
    section 2371(h) of title 10 shall be submitted to Congress.
      (8)(A) In this paragraph, the term "nontraditional Government
    contractor" has the meaning given the term "nontraditional defense
    contractor" in section 845(f) of the National Defense Authorization
    Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
      (B) Not later than 1 year after the date on which the final
    guidelines are published under paragraph (6), the Comptroller
    General of the United States shall submit to Congress a report
    describing - 
        (i) the use by the Department of authorities under this
      section, including the ability to attract nontraditional
      Government contractors; and
        (ii) whether additional safeguards are necessary to carry out
      the authorities.

      (9) The authority of the Secretary under this subsection may be
    delegated only to an officer of the Department who is appointed by
    the President by and with the advice and consent of the Senate.
      (10) Notwithstanding any other provision of law, the authority to
    enter into transactions under paragraph (1) shall terminate on
    September 30, 2010.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 646, Aug. 4, 1977, 91 Stat. 599;
    Pub. L. 103-160, div. C, title XXXI, Sec. 3154, Nov. 30, 1993, 107
    Stat. 1952; Pub. L. 109-58, title X, Sec. 1007, Aug. 8, 2005, 119
    Stat. 932.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (g). Pub. L. 109-58 added subsec. (g).
      1993 - Subsecs. (c) to (f). Pub. L. 103-160 added subsecs. (c) to
    (f).

                        SMALL BUSINESS CONTRACTING                    
      Pub. L. 109-13, div. A, title VI, Sec. 6022(a), (b), May 11,
    2005, 119 Stat. 285, provided that:
      "(a) Not later than September 30, 2005, the Department of Energy
    and the Small Business Administration shall enter into a memorandum
    of understanding setting forth an appropriate methodology for
    measuring the achievement of the Department of Energy with respect
    to awarding contracts to small businesses.
      "(b) The methodology set forth in the memorandum of understanding
    entered into under subsection (a) shall, at a minimum, include - 
        "(1) a method of counting the achievement of the Department of
      Energy in awards of - 
          "(A) prime contracts; and
          "(B) subcontracts to small businesses awarded by Department
        of Energy management and operating, management and integration,
        and other facility management prime contractors; and
        "(2) uniform criteria that could be used by prime contractors
      when measuring the value and number of subcontracts awarded to
      small businesses."

         PILOT PROGRAM RELATING TO USE OF PROCEEDS OF DISPOSAL OR
            UTILIZATION OF CERTAIN DEPARTMENT OF ENERGY ASSETS
      Pub. L. 105-85, div. C, title XXXI, Sec. 3138, Nov. 18, 1997, 111
    Stat. 2039, which was formerly set out as a note under this
    section, was renumbered section 4833 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(13)(A)-(C), Nov.
    24, 2003, 117 Stat. 1786, and is classified to section 2813 of
    Title 50, War and National Defense.

       CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES AND CERTAIN
                     INSTITUTIONS OF HIGHER EDUCATION
      Section 3159 of Pub. L. 103-160, as amended by Pub. L. 103-337,
    div. A, title X, Sec. 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857,
    provided that:
      "(a) Goal. - Except as provided in subsection (c), a goal of 5
    percent of the amount described in subsection (b) shall be the
    objective of the Department of Energy in carrying out national
    security programs of the Department in each of fiscal years 1994
    through 2000 for the total combined amount obligated for contracts
    and subcontracts entered into with - 
        "(1) small business concerns, including mass media and
      advertising firms, owned and controlled by socially and
      economically disadvantaged individuals (as such term is used in
      section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and
      regulations issued under that section), the majority of the
      earnings of which directly accrue to such individuals;
        "(2) historically Black colleges and universities, including
      any nonprofit research institution that was an integral part of
      such a college or university before November 14, 1986; and
        "(3) minority institutions (as defined in section 1046(3) of
      the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3))), which,
      for the purposes of this section, shall include Hispanic-serving
      institutions (as defined in section 316(b)(1) of such Act (20
      U.S.C. 1059c(b)(1))).
      "(b) Amount. - (1) Except as provided in paragraph (2), the
    requirements of subsection (a) for any fiscal year apply to the
    combined total of the funds obligated for contracts entered into by
    the Department of Energy pursuant to competitive procedures for
    such fiscal year for purposes of carrying out national security
    programs of the Department.
      "(2) In computing the combined total of funds under paragraph (1)
    for a fiscal year, funds obligated for such fiscal year for
    contracts for naval reactor programs shall not be included.
      "(c) Applicability. - Subsection (a) does not apply - 
        "(1) to the extent to which the Secretary of Energy determines
      that compelling national security considerations require
      otherwise; and
        "(2) if the Secretary notifies the Congress of such a
      determination and the reasons for the determination."

        SMALL BUSINESS CONCERNS PARTICIPATION IN PROGRAMS FUNDED BY
    DEPARTMENT OF ENERGY ACT OF 1978 - CIVILIAN APPLICATIONS; REPORT TO
                         CONGRESSIONAL COMMITTEES
      Pub. L. 95-238, title II, Sec. 204, Feb. 25, 1978, 92 Stat. 59,
    as amended by Pub. L. 96-470, title II, Sec. 203(f), Oct. 19, 1980,
    94 Stat. 2243, provided that:
      "(a) In carrying out the programs for which funds are authorized
    by this Act [see Tables for classification], the Secretary of
    Energy shall provide a realistic and adequate opportunity for small
    business concerns to participate in such programs to the optimum
    extent feasible consistent with the size and nature of the projects
    and activities involved.
      "(b) The Secretary of Energy shall submit annually to the
    appropriate committees of the House of Representatives and the
    Senate a full report on the actions taken in carrying out
    subsection (a) during the preceding year, including the extent to
    which small business concerns are participating in the programs
    involved and in projects and activities of various types and sizes
    within each such program, and indicating the steps currently taken
    to assure such participation in the future. Such report shall also
    contain such information as may be required by section 308 of the
    Act of December 31, 1975 (42 U.S.C. 5878a; 89 Stat. 1074)."
      [For termination, effective May 15, 2000, of reporting provisions
    in section 204(b) of Pub. L. 95-238, set out above, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and the 21st item on page 89
    of House Document No. 103-7.]

-End-

-CITE-
    42 USC Secs. 7256a, 7256b                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Secs. 7256a, 7256b. Transferred

-COD-
                               CODIFICATION                           
      Section 7256a, Pub. L. 99-145, title XV, Sec. 1534, Nov. 8, 1985,
    99 Stat. 774; Pub. L. 100-180, div. C, title III, Sec. 3131(a),
    Dec. 4, 1987, 101 Stat. 1238, which related to costs not allowed
    under covered contracts, was renumbered section 4801 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(2)(A)-(C), Nov. 24, 2003, 117 Stat. 1783, and is classified
    to section 2781 of Title 50, War and National Defense.
      Section 7256b, Pub. L. 101-189, div. C, title XXXI, Sec. 3151,
    Nov. 29, 1989, 103 Stat. 1682, which related to the prohibition of
    bonuses to contractors operating defense nuclear facilities, was
    renumbered section 4802 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(k)(3)(A)-(C), Nov. 24, 2003, 117
    Stat. 1783, and is classified to section 2782 of Title 50, War and
    National Defense.

-End-

-CITE-
    42 USC Sec. 7257                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7257. Acquisition, construction, etc., of laboratories,
      research and testing sites, etc.

-STATUTE-
      The Secretary is authorized to acquire (by purchase, lease,
    condemnation, or otherwise), construct, improve, repair, operate,
    and maintain laboratories, research and testing sites and
    facilities, quarters and related accommodations for employees and
    dependents of employees of the Department, personal property
    (including patents), or any interest therein, as the Secretary
    deems necessary; and to provide by contract or otherwise for eating
    facilities and other necessary facilities for the health and
    welfare of employees of the Department at its installations and
    purchase and maintain equipment therefor.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 647, Aug. 4, 1977, 91 Stat. 599.)

-MISC1-
    PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING DEPARTMENT
                      OF ENERGY CONSTRUCTION PROJECTS
      Pub. L. 106-65, div. C, title XXXI, Sec. 3175, Oct. 5, 1999, 113
    Stat. 950, provided that:
      "(a) Requirement. - (1) The Secretary of Energy shall carry out a
    pilot program on use of project management oversight services (in
    this section referred to as 'PMO services') for construction
    projects of the Department of Energy.
      "(2) The purpose of the pilot program shall be to provide a basis
    for determining whether or not the use of competitively procured,
    external PMO services for those construction projects would permit
    the Department to control excessive costs and schedule delays
    associated with those construction projects that have large capital
    costs.
      "(b) Projects Covered by Program. - (1) Subject to paragraph (2),
    the Secretary shall carry out the pilot program at construction
    projects selected by the Secretary. The projects shall include one
    or more construction projects authorized pursuant to section 3101
    [113 Stat. 915] and one construction project authorized pursuant to
    section 3102 [113 Stat. 917].
      "(2) Each project selected by the Secretary shall be a project
    having capital construction costs anticipated to be not less than
    $25,000,000.
      "(c) Services Under Program. - The PMO services used under the
    pilot program shall include the following services:
        "(1) Monitoring the overall progress of a project.
        "(2) Determining whether or not a project is on schedule.
        "(3) Determining whether or not a project is within budget.
        "(4) Determining whether or not a project conforms with plans
      and specifications approved by the Department.
        "(5) Determining whether or not a project is being carried out
      efficiently and effectively.
        "(6) Any other management oversight services that the Secretary
      considers appropriate for purposes of the pilot program.
      "(d) Procurement of Services Under Program. - Any PMO services
    procured under the pilot program shall be acquired - 
        "(1) on a competitive basis; and
        "(2) from among commercial entities that - 
          "(A) do not currently manage or operate facilities at a
        location where the pilot program is being conducted; and
          "(B) have an expertise in the management of large
        construction projects.
      "(e) Report. - Not later than February 1, 2000, the Secretary
    shall submit to the Committees on Armed Services of the Senate and
    the House of Representatives a report on the pilot program. The
    report shall include the assessment of the Secretary as to the
    feasibility and desirability of using PMO services for construction
    projects of the Department."

                          LABORATORY FUNDING PLAN                      
      Pub. L. 106-60, title III, Sec. 310, Sept. 29, 1999, 113 Stat.
    496, which provided that no funds in an Energy and Water
    Development Appropriations Act were to be expended after December
    31 of each year under certain contracts unless the funds were
    expended pursuant to a Laboratory Funding Plan approved by the
    Secretary of Energy, and which also provided for directives,
    approval, and exceptions by the Secretary, was repealed by Pub. L.
    108-7, div. D, title III, Sec. 310, Feb. 20, 2003, 117 Stat. 155.

       TERMINATION OR CHANGES IN ACTIVITIES OF GOVERNMENT-OWNED AND
       CONTRACTOR-OPERATED FACILITIES, NATIONAL LABORATORIES, ETC.;
       REPORTS BY SECRETARY OF ENERGY CONCERNING PROPOSALS PRIOR TO
                 IMPLEMENTATION; CONTENTS; SUBMISSION DATE
      Pub. L. 95-238, title I, Sec. 104(c), Feb. 25, 1978, 92 Stat. 53,
    provided that: "As part of the Department of Energy's
    responsibility to keep the Congress fully and currently informed,
    the Secretary shall make the following reports:
        "(i) any proposal by the Secretary of the Department of Energy
      to terminate or make major changes in activities of the
      Government-owned and contractor-operated facilities, the national
      laboratories, energy research centers and the operations offices
      managing such laboratories, shall not be implemented until the
      Secretary transmits the proposal, together with all pertinent
      data, to the Committee on Science and Technology [now Committee
      on Science] of the House of Representatives and the Committee on
      Energy and Natural Resources of the Senate, and waits a period of
      thirty calendar days (not including any day on which either House
      of Congress is not in session because of an adjournment of more
      than three calendar days to a day certain) from the date on which
      such report is received by such committees; and
        "(ii) by January 31, 1978, the Secretary shall file a full and
      complete report on each such proposal which he has implemented,
      as described in the preceding paragraph, and any major program
      structure change with the Committee on Science and Technology of
      the House of Representatives and the Committee on Energy and
      Natural Resources of the Senate."

-End-

-CITE-
    42 USC Secs. 7257a to 7257c                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Secs. 7257a to 7257c. Transferred

-COD-
                               CODIFICATION                           
      Section 7257a, Pub. L. 101-510, div. C, title XXXI, Sec. 3132,
    Nov. 5, 1990, 104 Stat. 1832, which related to laboratory-directed
    research and development programs, was renumbered section 4811 of
    Pub. L. 107-314, the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(6)(A)-(C), Nov. 24, 2003, 117 Stat. 1784, and is classified
    to section 2791 of Title 50, War and National Defense.
      Section 7257b, Pub. L. 104-201, div. C, title XXXI, Sec. 3136(b),
    Sept. 23, 1996, 110 Stat. 2831; Pub. L. 107-314, div. D, title
    XLVIII, Sec. 4812(c), formerly Pub. L. 105-85, div. C, title XXXI,
    Sec. 3137(c), Nov. 18, 1997, 111 Stat. 2039, renumbered Pub. L. 108-
    136, div. C, title XXXI, Sec. 3141(k)(7)(A)(i)-(iii), Nov. 24,
    2003, 117 Stat. 1784, which related to annual reports by the
    Secretary of Energy with respect to expenditures of the Department
    of Energy Laboratory Directed Research and Development Program, was
    renumbered section 4812A(b) of Pub. L. 107-314, the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(k)(7)(B)(i)-(iii), Nov. 24,
    2003, 117 Stat. 1784, 1785, and is classified to section 2793(b) of
    Title 50, War and National Defense.
      Section 7257c, Pub. L. 105-85, div. C, title XXXI, Sec. 3137,
    Nov. 18, 1997, 111 Stat. 2038, which related to limitations on the
    use of funds for laboratory directed research and development
    purposes, was renumbered section 4812 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(7)(A)(i)-(iii),
    Nov. 24, 2003, 117 Stat. 1784, and is classified to section 2792 of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7257d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7257d. Expanded research by Secretary of Energy

-STATUTE-
    (a) Detection and identification research
      (1) In general
        In conjunction with the working group under section 247d-6(a)
      of this title, the Secretary of Energy and the Administrator of
      the National Nuclear Security Administration shall expand,
      enhance, and intensify research relevant to the rapid detection
      and identification of pathogens likely to be used in a
      bioterrorism attack or other agents that may cause a public
      health emergency.
      (2) Authorized activities
        Activities carried out under paragraph (1) may include - 
          (A) the improvement of methods for detecting biological
        agents or toxins of potential use in a biological attack and
        the testing of such methods under variable conditions;
          (B) the improvement or pursuit of methods for testing,
        verifying, and calibrating new detection and surveillance tools
        and techniques; and
          (C) carrying out other research activities in relevant areas.
      (3) Report
        Not later than 180 days after June 12, 2002, the Administrator
      of the National Nuclear Security Administration shall submit to
      the Committee on Energy and Natural Resources and the Committee
      on Armed Services of the Senate, and the Committee on Energy and
      Commerce and the Committee on Armed Services of the House of
      Representatives, a report setting forth the programs and projects
      that will be funded prior to the obligation of funds appropriated
      under subsection (b) of this section.
    (b) Authorization
      For the purpose of carrying out this section, there are
    authorized to be appropriated such sums as may be necessary in each
    of fiscal years 2002 through 2006.

-SOURCE-
    (Pub. L. 107-188, title I, Sec. 152, June 12, 2002, 116 Stat. 630.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Public Health Security and
    Bioterrorism Preparedness and Response Act of 2002, and not as part
    of the Department of Energy Organization Act which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 7258                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7258. Facilities construction

-STATUTE-
    (a) Employees and dependents stationed at remote locations
      As necessary and when not otherwise available, the Secretary is
    authorized to provide for, construct, or maintain the following for
    employees and their dependents stationed at remote locations:
        (1) Emergency medical services and supplies;
        (2) Food and other subsistence supplies;
        (3) Messing facilities;
        (4) Audio-visual equipment, accessories, and supplies for
      recreation and training;
        (5) Reimbursement for food, clothing, medicine, and other
      supplies furnished by such employees in emergencies for the
      temporary relief of distressed persons;
        (6) Living and working quarters and facilities; and
        (7) Transportation of schoolage dependents of employees to the
      nearest appropriate educational facilities.
    (b) Medical treatment at reasonable prices
      The furnishing of medical treatment under paragraph (1) of
    subsection (a) of this section and the furnishing of services and
    supplies under paragraphs (2) and (3) of subsection (a) of this
    section shall be at prices reflecting reasonable value as
    determined by the Secretary.
    (c) Use of reimbursement proceeds
      Proceeds from reimbursements under this section shall be
    deposited in the Treasury and may be withdrawn by the Secretary to
    pay directly the cost of such work or services, to repay or make
    advances to appropriations of funds which will initially bear all
    or a part of such cost, or to refund excess sums when necessary.
    Such payments may be credited to a working capital fund otherwise
    established by law, including the fund established pursuant to
    section 7263 of this title, and used under the law governing such
    fund, if the fund is available for use by the Department for
    performing the work or services for which payment is received.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 648, Aug. 4, 1977, 91 Stat. 600.)

-End-

-CITE-
    42 USC Sec. 7259                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7259. Use of facilities

-STATUTE-
    (a) Facilities of United States and foreign governments
      With their consent, the Secretary and the Federal Energy
    Regulatory Commission may, with or without reimbursement, use the
    research, equipment, and facilities of any agency or
    instrumentality of the United States or of any State, the District
    of Columbia, the Commonwealth of Puerto Rico, or any territory or
    possession of the United States, or of any political subdivision
    thereof, or of any foreign government, in carrying out any function
    now or hereafter vested in the Secretary or the Commission.
    (b) Facilities under custody of Secretary
      In carrying out his functions, the Secretary, under such terms,
    at such rates, and for such periods not exceeding five years, as he
    may deem to be in the public interest, is authorized to permit the
    use by public and private agencies, corporations, associations, or
    other organizations or by individuals of any real property, or any
    facility, structure, or other improvement thereon, under the
    custody of the Secretary for Department purposes. The Secretary may
    require permittees under this section to recondition and maintain,
    at their own expense, the real property, facilities, structures,
    and improvements involved to a satisfactory standard. This section
    shall not apply to excess property as defined in section 102(3) of
    title 40.
    (c) Use of reimbursement proceeds
      Proceeds from reimbursements under this section shall be
    deposited in the Treasury and may be withdrawn by the Secretary or
    the head of the agency or instrumentality of the United States
    involved, as the case may be, to pay directly the costs of the
    equipment, or facilities provided, to repay or make advances to
    appropriations or funds which do or will initially bear all or a
    part of such costs, or to refund excess sums when necessary, except
    that such proceeds may be credited to a working capital fund
    otherwise established by law, including the fund established
    pursuant to section 7263 of this title, and used under the law
    governing such fund, if the fund is available for use for providing
    the equipment or facilities involved.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 649, Aug. 4, 1977, 91 Stat. 600.)

-COD-
                               CODIFICATION                           
      In subsec. (b), "section 102(3) of title 40" substituted for
    "section 3(e) of the Federal Property and Administrative Services
    Act of 1949" on authority of Pub. L. 107-217, Sec. 5(c), Aug. 21,
    2002, 116 Stat. 1303, the first section of which enacted Title 40,
    Public Buildings, Property, and Works.

-End-

-CITE-
    42 USC Sec. 7259a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7259a. Activities of Department of Energy facilities

-STATUTE-
    (a) Research and activities on behalf of non-department persons and
      entities
      (1) The Secretary of Energy may conduct research and other
    activities referred to in paragraph (2) at facilities of the
    Department of Energy on behalf of other departments and agencies of
    the Government, agencies of State and local governments, and
    private persons and entities.
      (2) The research and other activities that may be conducted under
    paragraph (1) are those which the Secretary is authorized to
    conduct by law, including research and activities authorized under
    the following provisions of law:
        (A) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
        (B) The Energy Reorganization Act of 1974 [42 U.S.C. 5801 et
      seq.].
        (C) The Federal Nonnuclear Energy Research and Development Act
      of 1974 (42 U.S.C. 5901 et seq.).
    (b) Charges
      (1) The Secretary shall impose on the department, agency, or
    person or entity for which research and other activities are
    carried out under subsection (a) of this section a charge for such
    research and activities in carrying out such research and
    activities, which shall include - 
        (A) the direct cost incurred in carrying out such research and
      activities; and
        (B) the overhead cost, including site-wide indirect costs,
      associated with such research and activities.

      (2)(A) Subject to subparagraph (B), the Secretary shall also
    impose on the department, agency, or person or entity concerned a
    Federal administrative charge (which includes any depreciation and
    imputed interest charges) in an amount not to exceed 3 percent of
    the full cost incurred in carrying out the research and activities
    concerned.
      (B) The Secretary may waive the imposition of the Federal
    administrative charge required by subparagraph (A) in the case of
    research and other activities conducted on behalf of small business
    concerns, institutions of higher education, non-profit entities,
    and State and local governments.
      (3) Not later than 2 years after October 17, 1998, the Secretary
    shall terminate any waiver of charges under section 33 of the
    Atomic Energy Act of 1954 (42 U.S.C. 2053) that were made before
    such date, unless the Secretary determines that such waiver should
    be continued.
    (c) Pilot program of reduced facility overhead charges
      (1) The Secretary may, with the cooperation of participating
    contractors of the contractor-operated facilities of the
    Department, carry out a pilot program under which the Secretary and
    such contractors reduce the facility overhead charges imposed under
    this section for research and other activities conducted under this
    section.
      (2) The Secretary shall carry out the pilot program at contractor-
    operated facilities selected by the Secretary in consultation with
    the contractors concerned.
      (3) The Secretary shall determine the facility overhead charges
    to be imposed under the pilot program at a facility based on a
    joint review by the Secretary and the contractor for the facility
    of all items included in the overhead costs of the facility in
    order to determine which items are appropriately incurred as
    facility overhead charges by the contractor in carrying out
    research and other activities at such facility under this section.
      (4) The Secretary shall commence carrying out the pilot program
    under this subsection not later than October 1, 1999, and shall
    terminate the pilot program on September 30, 2003.
      (5) Not later than January 31, 2003, the Secretary shall submit
    to Congress an interim report on the results of the pilot program
    under this subsection. The report shall include any recommendations
    for the extension or expansion of the pilot program, including the
    establishment of multiple rates of overhead charges for various
    categories of persons and entities seeking research and other
    activities in contractor-operated facilities of the Department.
    (d) Applicability with respect to user fee practice
      This section does not apply to the practice of the Department of
    Energy with respect to user fees at Department facilities.

-SOURCE-
    (Pub. L. 105-261, div. C, title XXXI, Sec. 3137, Oct. 17, 1998, 112
    Stat. 2248.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Atomic Energy Act of 1954, referred to in subsec. (a)(2)(A),
    is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.
    1073, Sec. 1, 68 Stat. 921, and amended, which is classified
    generally to chapter 23 (Sec. 2011 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 2011 of this title and Tables.
      The Energy Reorganization Act of 1974, referred to in subsec.
    (a)(2)(B), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as
    amended, which is classified principally to chapter 73 (Sec. 5801
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 5801 of this
    title and Tables.
      The Federal Nonnuclear Energy Research and Development Act of
    1974, referred to in subsec. (a)(2)(C), is Pub. L. 93-577, Dec. 31,
    1974, 88 Stat. 1878, as amended, which is classified generally to
    chapter 74 (Sec. 5901 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 5901 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Strom Thurmond National
    Defense Authorization Act for Fiscal Year 1999, and not as part of
    the Department of Energy Organization Act which comprises this
    chapter.

-End-

-CITE-
    42 USC Sec. 7260                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7260. Field offices

-STATUTE-
      The Secretary is authorized to establish, alter, consolidate or
    discontinue and to maintain such State, regional, district, local
    or other field offices as he may deem to be necessary to carry out
    functions vested in him.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 650, Aug. 4, 1977, 91 Stat. 601.)

-End-

-CITE-
    42 USC Sec. 7261                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7261. Acquisition of copyrights, patents, etc.

-STATUTE-
      The Secretary is authorized to acquire any of the following
    described rights if the property acquired thereby is for use by or
    for, or useful to, the Department:
        (1) copyrights, patents, and applications for patents, designs,
      processes, and manufacturing data;
        (2) licenses under copyrights, patents, and applications for
      patents; and
        (3) releases, before suit is brought, for past infringement of
      patents or copyrights.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 651, Aug. 4, 1977, 91 Stat. 601.)

-End-

-CITE-
    42 USC Sec. 7261a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7261a. Protection of sensitive technical information

-STATUTE-
    (a) Property rights in inventions and discoveries; timely
      determination; reports to Congressional committees
      (1) Whenever any contractor makes an invention or discovery to
    which the title vests in the Department of Energy pursuant to
    exercise of section 202(a)(ii) or (iv) of title 35, or pursuant to
    section 2182 of this title or section 5908 of this title in the
    course of or under any Government contract or subcontract of the
    Naval Nuclear Propulsion Program or the nuclear weapons programs or
    other atomic energy defense activities of the Department of Energy
    and the contractor requests waiver of any or all of the
    Government's property rights, the Secretary of Energy may decide to
    waive the Government's rights and assign the rights in such
    invention or discovery.
      (2) Such decision shall be made within 150 days after the date on
    which a complete request for waiver of such rights has been
    submitted to the Secretary by the contractor. For purposes of this
    paragraph, a complete request includes such information, in such
    detail and form, as the Secretary by regulation prescribes as
    necessary to allow the Secretary to take into consideration the
    matters described in subsection (b) of this section in making the
    decision.
      (3) If the Secretary fails to make the decision within such 150-
    day period, the Secretary shall submit to the Committees on Armed
    Services of the House of Representatives and the Senate, within 10
    days after the end of the 150-day period, a report on the reasons
    for such failure. The submission of such report shall not relieve
    the Secretary of the requirement to make the decision under this
    section. The Secretary shall, at the end of each 30-day period
    after submission of the first report during which the Secretary
    continues to fail to make the decision required by this section,
    submit another report on the reasons for such failure to the
    committees listed in this paragraph.
    (b) Matters to be considered
      In making a decision under this section, the Secretary shall
    consider, in addition to the applicable policies of section 2182 of
    this title or subsections (c) and (d) of section 5908 of this title
    - 
        (1) whether national security will be compromised;
        (2) whether sensitive technical information (whether classified
      or unclassified) under the Naval Nuclear Propulsion Program or
      the nuclear weapons programs or other atomic energy defense
      activities of the Department of Energy for which dissemination is
      controlled under Federal statutes and regulations will be
      released to unauthorized persons;
        (3) whether an organizational conflict of interest contemplated
      by Federal statutes and regulations will result; and
        (4) whether failure to assert such a claim will adversely
      affect the operation of the Naval Nuclear Propulsion Program or
      the nuclear weapons programs or other atomic energy defense
      activities of the Department of Energy.

-SOURCE-
    (Pub. L. 99-661, div. C, title I, Sec. 3131, Nov. 14, 1986, 100
    Stat. 4062; Pub. L. 100-180, div. C, title III, Sec. 3135(a), Dec.
    4, 1987, 101 Stat. 1240.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Energy National
    Security and Military Applications of Nuclear Energy Authorization
    Act of 1987 and also as part of the National Defense Authorization
    Act for Fiscal Year 1987, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1987 - Subsec. (a). Pub. L. 100-180 designated existing
    provisions as par. (1), struck out at end "Such decision shall be
    made within a reasonable time (which shall usually be six months
    from the date of the request by the contractor for assignment of
    such rights).", and added pars. (2) and (3).

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 3135(b) of Pub. L. 100-180 provided that: "Paragraphs (2)
    and (3) of section 3131(a) of the Department of Energy National
    Security and Military Applications of Nuclear Energy Authorization
    Act of 1987 [subsec. (a)(2), (3) of this section] (as added by
    subsection (a)) shall apply with respect to waiver requests
    submitted by contractors under that section after March 1, 1988."

-End-

-CITE-
    42 USC Sec. 7261b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7261b. Technology transfer to small businesses

-STATUTE-
      (1) The Secretary of Energy shall establish a program to
    facilitate and encourage the transfer of technology to small
    businesses and shall issue guidelines relating to the program not
    later than May 1, 1993.
      (2) For the purposes of this section, the term "small business"
    means a business concern that meets the applicable size standards
    prescribed pursuant to section 632(a) of title 15.

-SOURCE-
    (Pub. L. 102-484, div. C, title XXXI, Sec. 3135(b), Oct. 23, 1992,
    106 Stat. 2641.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1993, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7261c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7261c. Technology partnerships ombudsman

-STATUTE-
    (a) Appointment of ombudsman
      The Secretary of Energy shall direct the director of each
    national laboratory of the Department of Energy, and may direct the
    director of each facility under the jurisdiction of the Department
    of Energy, to appoint a technology partnership ombudsman to hear
    and help resolve complaints from outside organizations regarding
    the policies and actions of each such laboratory or facility with
    respect to technology partnerships (including cooperative research
    and development agreements), patents, and technology licensing.
    (b) Qualifications
      An ombudsman appointed under subsection (a) of this section shall
    be a senior official of the national laboratory or facility who is
    not involved in day-to-day technology partnerships, patents, or
    technology licensing, or, if appointed from outside the laboratory
    or facility, function as such a senior official.
    (c) Duties
      Each ombudsman appointed under subsection (a) of this section
    shall - 
        (1) serve as the focal point for assisting the public and
      industry in resolving complaints and disputes with the national
      laboratory or facility regarding technology partnerships,
      patents, and technology licensing;
        (2) promote the use of collaborative alternative dispute
      resolution techniques such as mediation to facilitate the speedy
      and low-cost resolution of complaints and disputes, when
      appropriate; and
        (3) report quarterly on the number and nature of complaints and
      disputes raised, along with the ombudsman's assessment of their
      resolution, consistent with the protection of confidential and
      sensitive information, to - 
          (A) the Secretary;
          (B) the Administrator for Nuclear Security;
          (C) the Director of the Office of Dispute Resolution of the
        Department of Energy; and
          (D) the employees of the Department responsible for the
        administration of the contract for the operation of each
        national laboratory or facility that is a subject of the
        report, for consideration in the administration and review of
        that contract.

-SOURCE-
    (Pub. L. 106-404, Sec. 11, Nov. 1, 2000, 114 Stat. 1749.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Technology Transfer
    Commercialization Act of 2000, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7262                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7262. Repealed. Pub. L. 104-206, title V, Sec. 502, Sept. 30,
      1996, 110 Stat. 3002

-MISC1-
      Section, Pub. L. 95-91, title VI, Sec. 652, Aug. 4, 1977, 91
    Stat. 601, authorized Secretary to accept gifts, bequests, and
    devises of property for purpose of aiding or facilitating work of
    Department.

-COD-
                               CODIFICATION                           
      Pub. L. 104-206, which directed the repeal of 42 U.S.C. 7262, was
    executed by repealing section 652 of Pub. L. 95-91, which was
    classified to this section, to reflect the probable intent of
    Congress.

-End-

-CITE-
    42 USC Sec. 7263                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7263. Capital fund

-STATUTE-
      The Secretary is authorized to establish a working capital fund,
    to be available without fiscal year limitation, for expenses
    necessary for the maintenance and operation of such common
    administrative services as he shall find to be desirable in the
    interests of economy and efficiency, including such services as a
    central supply service for stationery and other supplies and
    equipment for which adequate stocks may be maintained to meet in
    whole or in part the requirements of the Department and its
    agencies; central messenger, mail, telephone, and other
    communications services; office space, central services for
    document reproduction, and for graphics and visual aids; and a
    central library service. The capital of the fund shall consist of
    any appropriations made for the purpose of providing capital (which
    appropriations are hereby authorized) and the fair and reasonable
    value of such stocks of supplies, equipment, and other assets and
    inventories on order as the Secretary may transfer to the fund,
    less the related liabilities and unpaid obligations. Such funds
    shall be reimbursed in advance from available funds of agencies and
    offices in the Department, or from other sources, for supplies and
    services at rates which will approximate the expense of operation,
    including the accrual of annual leave and the depreciation of
    equipment. The fund shall also be credited with receipts from sale
    or exchange of property and receipts in payment for loss or damage
    to property owned by the fund. There shall be covered into the
    United States Treasury as miscellaneous receipts any surplus found
    in the fund (all assets, liabilities, and prior losses considered)
    above the amounts transferred or appropriated to establish and
    maintain said fund. There shall be transferred to the fund the
    stocks of supplies, equipment, other assets, liabilities, and
    unpaid obligations relating to the services which he determines
    will be performed through the fund. Appropriations to the fund, in
    such amounts as may be necessary to provide additional working
    capital, are authorized.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 653, Aug. 4, 1977, 91 Stat. 601.)

-End-

-CITE-
    42 USC Sec. 7264                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7264. Seal of Department

-STATUTE-
      The Secretary shall cause a seal of office to be made for the
    Department of such design as he shall approve and judicial notice
    shall be taken of such seal.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 654, Aug. 4, 1977, 91 Stat. 602.)

-End-

-CITE-
    42 USC Sec. 7265                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7265. Regional Energy Advisory Boards

-STATUTE-
    (a) Establishment; membership
      The Governors of the various States may establish Regional Energy
    Advisory Boards for their regions with such membership as they may
    determine.
    (b) Observers
      Representatives of the Secretary, the Secretary of Commerce, the
    Secretary of the Interior, the Chairman of the Council on
    Environmental Quality, the Commandant of the Coast Guard and the
    Administrator of the Environmental Protection Agency shall be
    entitled to participate as observers in the deliberations of any
    Board established pursuant to subsection (a) of this section. The
    Federal Cochairman of the Appalachian Regional Commission or any
    regional commission under title V of the Public Works and Economic
    Development Act [42 U.S.C. 3181 et seq.] shall be entitled to
    participate as an observer in the deliberations of any such Board
    which contains one or more States which are members of such
    Commission.
    (c) Recommendations of Board
      Each Board established pursuant to subsection (a) of this section
    may make such recommendations as it determines to be appropriate to
    programs of the Department having a direct effect on the region.
    (d) Notice of reasons not to adopt recommendations
      If any Regional Advisory Board makes specific recommendations
    pursuant to subsection (c) of this section, the Secretary shall, if
    such recommendations are not adopted in the implementation of the
    program, notify the Board in writing of his reasons for not
    adopting such recommendations.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 655, Aug. 4, 1977, 91 Stat. 602.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Works and Economic Development Act, referred to in
    subsec. (b), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as
    amended. Title V of the Public Works and Economic Development Act
    was classified generally to subchapter V (Sec. 3181 et seq.) of
    chapter 38 of this title prior to repeal by Pub. L. 97-35, title
    XVIII, Sec. 1821(a)(8), Aug. 13, 1981, 95 Stat. 766. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3121 of this title and Tables.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.

-End-

-CITE-
    42 USC Sec. 7266                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7266. Designation of conservation officers

-STATUTE-
      The Secretary of Defense, the Secretary of Commerce, the
    Secretary of Housing and Urban Development, the Secretary of
    Transportation, the Secretary of Agriculture, the Secretary of the
    Interior, the United States Postal Service, and the Administrator
    of General Services shall each designate one Assistant Secretary or
    Assistant Administrator, as the case may be, as the principal
    conservation officer of such Department or of the Administration.
    Such designated principal conservation officer shall be principally
    responsible for planning and implementation of energy conservation
    programs by such Department or Administration and principally
    responsible for coordination with the Department of Energy with
    respect to energy matters. Each agency, Department or
    Administration required to designate a principal conservation
    officer pursuant to this section shall periodically inform the
    Secretary of the identity of such conservation officer, and the
    Secretary shall periodically publish a list identifying such
    officers.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 656, Aug. 4, 1977, 91 Stat. 602.)

-End-

-CITE-
    42 USC Sec. 7267                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7267. Annual report

-STATUTE-
      The Secretary shall, as soon as practicable after the end of each
    fiscal year, commencing with the first complete fiscal year
    following October 1, 1977, make a report to the President for
    submission to the Congress on the activities of the Department
    during the preceding fiscal year. Such report shall include a
    statement of the Secretary's goals, priorities, and plans for the
    Department, together with an assessment of the progress made toward
    the attainment of those goals, the effective and efficient
    management of the Department and progress made in coordination of
    its functions with other departments and agencies of the Federal
    Government. In addition, such report shall include the information
    required by section 774 of title 15, section 6325(c) of this title,
    section 10224(c) of this title, section 5877 of this title, and
    section 5914 (!1) of this title, and shall include:

        (1) projected energy needs of the United States to meet the
      requirements of the general welfare of the people of the United
      States and the commercial and industrial life of the Nation,
      including a comprehensive summary of data pertaining to all fuel
      and energy needs of residents of the United States residing in - 
          (A) areas outside standard metropolitan statistical areas;
        and
          (B) areas within such areas which are unincorporated or are
        specified by the Bureau of the Census, Department of Commerce,
        as rural areas;

        (2) an estimate of (A) the domestic and foreign energy supply
      on which the United States will be expected to rely to meet such
      needs in an economic manner with due regard for the protection of
      the environment, the conservation of natural resources, and the
      implementation of foreign policy objectives, and (B) the
      quantities of energy expected to be provided by different sources
      (including petroleum, natural and synthetic gases, coal, uranium,
      hydroelectric, solar, and other means) and the expected means of
      obtaining such quantities;
        (3) 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 Nation;
        (4) a summary of research and development efforts funded by the
      Federal Government to develop new technologies, to forestall
      energy shortages, to reduce waste, to foster recycling, to
      encourage conservation practices, and to increase efficiency; and
      further such summary shall include a description of the
      activities the Department is performing in support of
      environmental, social, economic and institutional, biomedical,
      physical and safety research, development, demonstration, and
      monitoring activities necessary to guarantee that technological
      programs, funded by the Department, are undertaken in a manner
      consistent with and capable of maintaining or improving the
      quality of the environment and of mitigating any undesirable
      environmental and safety impacts;
        (5) a review and appraisal of the adequacy and appropriateness
      of technologies, procedures, and practices (including competitive
      and regulatory practices) employed by Federal/State, and local
      governments and nongovernmental entities to achieve the purposes
      of this chapter;
        (6) a summary of cooperative and voluntary efforts that have
      been mobilized to promote conservation and recycling, together
      with plans for such efforts in the succeeding fiscal year, and
      recommendations for changes in laws and regulations needed to
      encourage more conservation and recycling by all segments of the
      Nation's populace;
        (7) a summary of substantive measures taken by the Department
      to stimulate and encourage the development of new manpower
      resources through the Nation's colleges and universities and to
      involve these institutions in the execution of the Department's
      research and development programs; and
        (8) to the extent practicable, a summary of activities in the
      United States by companies or persons which are foreign owned or
      controlled and which own or control United States energy sources
      and supplies, including the magnitude of annual foreign direct
      investment in the energy sector in the United States and exports
      of energy resources from the United States by foreign owned or
      controlled business entities or persons, and such other related
      matters as the Secretary may deem appropriate.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 657, Aug. 4, 1977, 91 Stat. 603;
    Pub. L. 104-66, title I, Sec. 1052(g), Dec. 21, 1995, 109 Stat.
    718.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 5914 of this title, referred to in text, was omitted from
    the Code.

-MISC1-
                                AMENDMENTS                            
      1995 - Pub. L. 104-66 inserted "section 6325(c) of this title,
    section 10224(c) of this title," after "section 774 of title 15,"
    in introductory provisions.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 3rd item on page 88 identifies a reporting provision
    which, as subsequently amended, is contained in this section), see
    section 3003 of Pub. L. 104-66, as amended, set out as a note under
    section 1113 of Title 31, Money and Finance.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7268                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7268. Leasing report

-STATUTE-
      The Secretary of the Interior shall submit to the Congress not
    later than one year after August 4, 1977, a report on the
    organization of the leasing operations of the Federal Government,
    together with any recommendations for reorganizing such functions
    may deem necessary or appropriate.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 658, Aug. 4, 1977, 91 Stat. 604.)

-End-

-CITE-
    42 USC Sec. 7269                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7269. Transfer of funds

-STATUTE-
      The Secretary, when authorized in an appropriation Act, in any
    fiscal year, may transfer funds from one appropriation to another
    within the Department, except that no appropriation shall be either
    increased or decreased pursuant to this section by more than 5 per
    centum of the appropriation for such fiscal year.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 659, Aug. 4, 1977, 91 Stat. 604.)

-End-

-CITE-
    42 USC Sec. 7269a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7269a. Transfer of funds between appropriations for Department
      of Energy activities

-STATUTE-
      Not to exceed 5 per centum of any appropriation made available
    for Department of Energy activities funded in this Act or
    subsequent Energy and Water Development Appropriations Acts may on
    and after October 2, 1992, be transferred between such
    appropriations, but no such appropriation, except as otherwise
    provided, shall be increased or decreased by more than 5 per centum
    by any such transfers, and any such proposed transfers shall be
    submitted promptly to the Committees on Appropriations of the House
    and Senate.

-SOURCE-
    (Pub. L. 102-377, title III, Sec. 302, Oct. 2, 1992, 106 Stat.
    1339.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 1993, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7269b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7269b. Transfer of unexpended appropriation balances

-STATUTE-
      The unexpended balances of prior appropriations provided for
    activities in this Act or subsequent Energy and Water Development
    Appropriations Acts may on and after October 2, 1992, be
    transferred to appropriation accounts for such activities
    established pursuant to this title.(!1) Balances so transferred may
    be merged with funds in the applicable established accounts and
    thereafter may be accounted for as one fund for the same time
    period as originally enacted.

-SOURCE-
    (Pub. L. 102-377, title III, Sec. 303, Oct. 2, 1992, 106 Stat.
    1339.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title III of Pub. L. 102-377,
    Oct. 2, 1992, 106 Stat. 1332. For complete classification of title
    III to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 1993, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7270                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7270. Authorization of appropriations

-STATUTE-
      Appropriations to carry out the provisions of this chapter shall
    be subject to annual authorization.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 660, Aug. 4, 1977, 91 Stat. 604.)

-End-

-CITE-
    42 USC Sec. 7270a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7270a. Guards for Strategic Petroleum Reserve facilities

-STATUTE-
      Under guidelines prescribed by the Secretary and concurred with
    by the Attorney General, employees of the Department of Energy and
    employees of contractors and subcontractors (at any tier) of the
    Department of Energy, while discharging their official duties of
    protecting the Strategic Petroleum Reserve (established under part
    B of title I of the Energy Policy and Conservation Act [42 U.S.C.
    6231 et seq.]) or its storage or related facilities or of
    protecting persons upon the Strategic Petroleum Reserve or its
    storage or related facilities, may - 
        (1) carry firearms, if designated by the Secretary and
      qualified for the use of firearms under the guidelines; and
        (2) arrest without warrant any person for an offense against
      the United States - 
          (A) in the case of a felony, if the employee has reasonable
        grounds to believe that the person - 
            (i) has committed or is committing a felony; and
            (ii) is in or is fleeing from the immediate area of the
          felony; and

          (B) in the case of a felony or misdemeanor, if the violation
        is committed in the presence of the employee.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 661, as added Pub. L. 100-531, Sec.
    1(a), Oct. 25, 1988, 102 Stat. 2652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Energy Policy and Conservation Act, referred to in text, is
    Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended. Part B of
    title I of the Act is classified generally to part B (Sec. 6231 et
    seq.) of subchapter I of chapter 77 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6201 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 7270b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7270b. Trespass on Strategic Petroleum Reserve facilities

-STATUTE-
      (a) The Secretary may issue regulations relating to the entry
    upon or carrying, transporting, or otherwise introducing or causing
    to be introduced any dangerous weapon, explosive, or other
    dangerous instrument or material likely to produce substantial
    injury or damage to persons or property into or onto the Strategic
    Petroleum Reserve, its storage or related facilities, or real
    property subject to the jurisdiction, administration, or in the
    custody of the Secretary under part B of title I of the Energy
    Policy and Conservation Act (42 U.S.C. 6231-6247). The Secretary
    shall post conspicuously, on the property subject to the
    regulations, notification that the property is subject to the
    regulations.
      (b) Whoever willfully violates a regulation of the Secretary
    issued under subsection (a) of this section shall be guilty of a
    misdemeanor and punished upon conviction by a fine of not more than
    $5,000, imprisonment for not more than one year, or both.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 662, as added Pub. L. 100-531, Sec.
    1(a), Oct. 25, 1988, 102 Stat. 2652.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Energy Policy and Conservation Act, referred to in subsec.
    (a), is Pub. L. 94-163, Dec. 22, 1975, 89 Stat. 871, as amended.
    Part B of title I of the Act is classified generally to part B
    (Sec. 6231 et seq.) of subchapter I of chapter 77 of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 6201 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 7270c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7270c. Annual assessment and report on vulnerability of
      facilities to terrorist attack

-STATUTE-
      (a) The Secretary shall, on an annual basis, conduct a
    comprehensive assessment of the vulnerability of Department
    facilities to terrorist attack.
      (b) Not later than January 31 each year, the Secretary shall
    submit to Congress a report on the assessment conducted under
    subsection (a) of this section during the preceding year. Each
    report shall include the results of the assessment covered by such
    report, together with such findings and recommendations as the
    Secretary considers appropriate.

-SOURCE-
    (Pub. L. 95-91, title VI, Sec. 663, as added Pub. L. 107-107, div.
    C, title XXXI, Sec. 3154(a), Dec. 28, 2001, 115 Stat. 1377.)

-End-

-CITE-
    42 USC Sec. 7271                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7271. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 95-509, title II, Sec. 208, Oct. 24, 1978, 92
    Stat. 1779, which related to single annual requests by the
    Secretary for authorizations of appropriations for programs
    involving the common defense and security of the United States, was
    renumbered section 4731 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(j)(7), Nov. 24, 2003, 117 Stat. 1782,
    and is classified to section 2771 of Title 50, War and National
    Defense.

-End-

-CITE-
    42 USC Sec. 7271a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7271a. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.
      3152(h), Nov. 18, 1997, 111 Stat. 2042

-MISC1-
      Section, Pub. L. 101-189, div. C, title XXXI, Sec. 3143, Nov. 29,
    1989, 103 Stat. 1681, related to major Department of Energy
    national security programs.

-End-

-CITE-
    42 USC Sec. 7271b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7271b. Repealed. Pub. L. 106-65, div. C, title XXXII, Sec.
      3294(f), Oct. 5, 1999, 113 Stat. 970

-MISC1-
      Section, Pub. L. 104-201, div. C, title XXXI, Sec. 3155, Sept.
    23, 1996, 110 Stat. 2841, related to requirement for annual five-
    year budget for national security programs of Department of
    Energy.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106-
    65, set out as an Effective Date note under section 2401 of Title
    50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7271c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7271c. Repealed. Pub. L. 105-85, div. C, title XXXI, Sec.
      3152(b), Nov. 18, 1997, 111 Stat. 2042

-MISC1-
      Section, Pub. L. 104-201, div. C, title XXXI, Sec. 3156, Sept.
    23, 1996, 110 Stat. 2841, related to requirements for Department of
    Energy weapons activities budgets for fiscal years after fiscal
    year 1997.

-End-

-CITE-
    42 USC Secs. 7271d to 7273a                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Secs. 7271d to 7273a. Transferred

-COD-
                               CODIFICATION                           
      Section 7271d, Pub. L. 107-314, div. C, title XXXI, Sec. 3143,
    Dec. 2, 2002, 116 Stat. 2733, which related to requirements for
    specific funding requests for new or modified nuclear weapons, was
    renumbered section 4209 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(e)(10), Nov. 24, 2003, 117 Stat.
    1759, and is classified to section 2529 of Title 50, War and
    National Defense.
      Section 7272, Pub. L. 96-540, title II, Sec. 210, Dec. 17, 1980,
    94 Stat. 3202, which prohibited the use of funds for purposes
    related to the licensing of defense activities or facilities of the
    Department of Energy by the Nuclear Regulatory Commission, was
    renumbered section 4103 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(d)(4)(A)-(C)(ii), Nov. 24, 2003, 117
    Stat. 1757, and is classified to section 2513 of Title 50, War and
    National Defense.
      Section 7273, Pub. L. 96-540, title II, Sec. 211, Dec. 17, 1980,
    94 Stat. 3203, which related to restrictions on the use of funds to
    pay penalties under the Clean Air Act, was renumbered section 4722
    of Pub. L. 107-314, the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(j)(5)(A)-(C)(ii), Nov. 24, 2003, 117 Stat. 1781, 1782,
    and is classified to section 2762 of Title 50, War and National
    Defense.
      Section 7273a, Pub. L. 99-661, div. C, title I, Sec. 3132, Nov.
    14, 1986, 100 Stat. 4063, which related to restrictions on the use
    of funds to pay penalties under environmental laws, was renumbered
    section 4721 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(j)(4)(A)-(C), Nov. 24, 2003, 117 Stat. 1781,
    and is classified to section 2761 of Title 50, War and National
    Defense.

-End-

-CITE-
    42 USC Sec. 7273b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7273b. Security investigations

-STATUTE-
      (1) No funds appropriated to the Department of Energy may be
    obligated or expended for the conduct of an investigation by the
    Department of Energy or any other Federal department or agency for
    purposes of determining whether to grant a security clearance to an
    individual or a facility unless the Secretary of Energy determines
    both of the following:
        (A) That a current, complete investigation file is not
      available from any other department or agency of the Federal
      government with respect to that individual or facility.
        (B) That no other department or agency of the Federal
      government is conducting an investigation with respect to that
      individual or facility that could be used as the basis for
      determining whether to grant the security clearance.

      (2) For purposes of paragraph (1)(A), a current investigation
    file is a file on an investigation that has been conducted within
    the past five years.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3104(d), Nov. 5, 1990,
    104 Stat. 1828.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1991, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7273c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7273c. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 105-85, div. C, title XXXI, Sec. 3133, Nov. 18,
    1997, 111 Stat. 2036; Pub. L. 105-261, div. A, title X, Sec.
    1069(b)(3), div. C, title XXXI, Sec. 3131, Oct. 17, 1998, 112 Stat.
    2136, 2246, which related to international cooperative stockpile
    stewardship, was renumbered section 4301 of Pub. L. 107-314, the
    Bob Stump National Defense Authorization Act for Fiscal Year 2003,
    by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(f)(2)(A)-(C),
    Nov. 24, 2003, 117 Stat. 1762, and is classified to section 2561 of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274. Environmental impact statements relating to defense
      facilities of Department of Energy

-STATUTE-
      (1) The Secretary may not proceed with the preparation of an
    environmental impact statement relating to the construction or
    operation of a defense facility of the Department of Energy if the
    estimated cost of preparing such statement exceeds $250,000 unless -
     
        (A) the Secretary has notified the Committees on Armed Services
      of the Senate and the House of Representatives of his intent to
      prepare such statement and a period of thirty days has expired
      after the date on which such notice was received by such
      committees; or
        (B) the Secretary has received from each such committee, before
      the expiration of such thirty-day period, a written notice that
      the committee agrees with the decision of the Secretary regarding
      the preparation of such statement.

      (2) The provisions of paragraph (1) shall not apply in the case
    of any environmental impact statement on which the Secretary began
    preparation before December 4, 1981.

-SOURCE-
    (Pub. L. 97-90, title II, Sec. 212(b), Dec. 4, 1981, 95 Stat.
    1171.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Department of Energy National
    Security and Military Applications of Nuclear Energy Authorization
    Act of 1982, and not as part of the Department of Energy
    Organization Act which comprises this chapter.

-MISC1-
      NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE REPORT REQUIREMENT  
      Pub. L. 101-510, div. C, title XXXI, Sec. 3133, Nov. 5, 1990, 104
    Stat. 1832, directed Secretary of Energy, not later than 30 days
    after the end of each quarter of fiscal years 1991 and 1992, to
    submit to Congress a brief report on Department of Energy's
    compliance with National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.), which was to contain a brief description of
    each proposed action to be taken by the Department of Energy, the
    environmental impact of which was not clearly insignificant, and a
    description of the steps taken or proposed to be taken by the
    Department of Energy to assess the environmental impact of the
    proposed action, and if the Secretary found that the proposed
    action of the Department of Energy would have no significant
    impact, the Secretary was to include the rationale for that
    determination.

-End-

-CITE-
    42 USC Secs. 7274a to 7274d                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Secs. 7274a to 7274d. Transferred

-COD-
                               CODIFICATION                           
      Section 7274a, Pub. L. 101-189, div. C, title XXXI, Sec. 3141,
    Nov. 29, 1989, 103 Stat. 1679; Pub. L. 105-85, div. C, title XXXI,
    Sec. 3152(g), Nov. 18, 1997, 111 Stat. 2042, which related to a
    defense waste cleanup technology program, was renumbered section
    4406 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(g)(7)(A)-(C), Nov. 24, 2003, 117 Stat. 1765,
    and is classified to section 2586 of Title 50, War and National
    Defense.
      Section 7274b, Pub. L. 101-189, div. C, title XXXI, Sec. 3156,
    Nov. 29, 1989, 103 Stat. 1683, which related to the submission of
    reports in connection with permanent closures of Department of
    Energy defense nuclear facilities, was renumbered section 4422 of
    Pub. L. 107-314, the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(g)(12)(A)-(C), Nov. 24, 2003, 117 Stat. 1766, and is
    classified to section 2602 of Title 50, War and National Defense.
      Section 7274c, Pub. L. 101-510, div. C, title XXXI, Sec. 3134,
    Nov. 5, 1990, 104 Stat. 1833, which related to the submission of
    reports on environmental restoration expenditures, was renumbered
    section 4407 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(g)(8)(A)-(C), Nov. 24, 2003, 117 Stat. 1765,
    and is classified to section 2587 of Title 50, War and National
    Defense.
      Section 7274d, Pub. L. 102-190, div. C, title XXXI, Sec. 3131,
    Dec. 5, 1991, 105 Stat. 1571, which related to worker protection at
    nuclear weapons facilities, was renumbered section 4641 of Pub. L.
    107-314, the Bob Stump National Defense Authorization Act for
    Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(12)(A)-(C), Nov. 24, 2003, 117 Stat. 1779, and is
    classified to section 2731 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274e. Scholarship and fellowship program for environmental
      restoration and waste management

-STATUTE-
    (a) Establishment
      The Secretary of Energy shall conduct a scholarship and
    fellowship program for the purpose of enabling individuals to
    qualify for employment in environmental restoration and waste
    management positions in the Department of Energy. The scholarship
    and fellowship program shall be known as the "Marilyn Lloyd
    Scholarship and Fellowship Program".
    (b) Eligibility
      To be eligible to participate in the scholarship and fellowship
    program, an individual must - 
        (1) be accepted for enrollment or be currently enrolled as a
      full-time student at an institution of higher education (as
      defined in section 101 of the Higher Education Act of 1965 [20
      U.S.C. 1001]);
        (2) be pursuing a program of education that leads to an
      appropriate higher education degree in a qualifying field of
      study, as determined by the Secretary;
        (3) sign an agreement described in subsection (c) of this
      section;
        (4) be a citizen or national of the United States or be an
      alien lawfully admitted to the United States for permanent
      residence; and
        (5) meet such other requirements as the Secretary prescribes.
    (c) Agreement
      An agreement between the Secretary and a participant in the
    scholarship and fellowship program established under this section
    shall be in writing, shall be signed by the participant, and shall
    include the following provisions:
        (1) The Secretary's agreement to provide the participant with
      educational assistance for a specified number of school years
      (not exceeding 5) during which the participant is pursuing a
      program of education in a qualifying field of study. The
      assistance may include payment of tuition, fees, books,
      laboratory expenses, and a stipend.
        (2) The participant's agreement (A) to accept such educational
      assistance, (B) to maintain enrollment and attendance in the
      program of education until completed, (C) while enrolled in such
      program, to maintain satisfactory academic progress as prescribed
      by the institution of higher education in which the participant
      is enrolled, and (D) after completion of the program of
      education, to serve as a full-time employee in an environmental
      restoration or waste management position in the Department of
      Energy for a period of 12 months for each school year or part
      thereof for which the participant is provided a scholarship or
      fellowship under the program established under this section.
    (d) Repayment
      (1) Any person participating in a scholarship or fellowship
    program established under this section shall agree to pay to the
    United States the total amount of educational assistance provided
    to the person under the program, plus interest at the rate
    prescribed by paragraph (4), if the person - 
        (A) does not complete the course of education as agreed to
      pursuant to subsection (c) of this section, or completes the
      course of education but declines to serve in a position in the
      Department of Energy as agreed to pursuant to subsection (c) of
      this section; or
        (B) is voluntarily separated from service or involuntarily
      separated for cause from the Department of Energy before the end
      of the period for which the person has agreed to continue in the
      service of the Department of Energy.

      (2) If an employee fails to fulfill his agreement to pay to the
    Government the total amount of educational assistance provided to
    the person under the program, plus interest at the rate prescribed
    by paragraph (4), a sum equal to the amount of the educational
    assistance (plus such interest) is recoverable by the Government
    from the person or his estate by - 
        (A) in the case of a person who is an employee, setoff against
      accrued pay, compensation, amount of retirement credit, or other
      amount due the employee from the Government; and
        (B) such other method as is provided by law for the recovery of
      amounts owing to the Government.

      (3) The Secretary may waive in whole or in part a required
    repayment under this subsection if the Secretary determines the
    recovery would be against equity and good conscience or would be
    contrary to the best interests of the United States.
      (4) For purposes of repayment under this section, the total
    amount of educational assistance provided to a person under the
    program shall bear interest at the applicable rate of interest
    under section 427A(c) of the Higher Education Act of 1965 (20
    U.S.C. 1077a(c)).
    (e) Preference for cooperative education students
      In evaluating applicants for award of scholarships and
    fellowships under the program, the Secretary of Energy may give a
    preference to an individual who is enrolled in, or accepted for
    enrollment in, an educational institution that has a cooperative
    education program with the Department of Energy.
    (f) Coordination of benefits
      A scholarship or fellowship awarded under this section shall be
    taken into account in determining the eligibility of the student
    for Federal student financial assistance provided under title IV of
    the Higher Education Act of 1965 (20 U.S.C. 1070 et seq. [and 42
    U.S.C. 2751 et seq.]).
    (g) Award of scholarships and fellowships
      (1) Subject to paragraph (2), the Secretary shall award at least
    20 scholarships (for undergraduate students) and 20 fellowships
    (for graduate students) during fiscal year 1992.
      (2) The requirement to award 20 scholarships and 20 fellowships
    under paragraph (1) applies only to the extent there is a
    sufficient number of applicants qualified for such awards.
    (h) Report to Congress
      Not later than January 1, 1993, the Secretary of Energy shall
    submit to Congress a report on activities undertaken under the
    program and recommendations for future activities under the
    program.
    (i) Funding
      Of the funds authorized to be appropriated pursuant to section
    3101(9)(B), $1,000,000 may be used for the purpose of carrying out
    this section.

-SOURCE-
    (Pub. L. 102-190, div. C, title XXXI, Sec. 3132, Dec. 5, 1991, 105
    Stat. 1572; Pub. L. 103-337, div. C, title XXXI, Sec. 3156(b)(1),
    Oct. 5, 1994, 108 Stat. 3092; Pub. L. 105-244, title I, Sec.
    102(a)(13)(F), Oct. 7, 1998, 112 Stat. 1620.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Higher Education Act of 1965, referred to in subsec. (f), is
    Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV
    of the Act is classified generally to subchapter IV (Sec. 1070 et
    seq.) of chapter 28 of Title 20, Education, and part C (Sec. 2751
    et seq.) of subchapter I of chapter 34 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1001 of Title 20 and Tables.
      Section 3101(9)(B), referred to in subsec. (i), is section
    3101(9)(B) of Pub. L. 102-190, div. C, title XXXI, Dec. 5, 1991,
    105 Stat. 1564, which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993, and not as part of the
    Department of Energy Organization Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(1). Pub. L. 105-244 substituted "section 101
    of the Higher Education Act of 1965" for "section 1201(a) of the
    Higher Education Act of 1965 (20 U.S.C. 1141(a))".
      1994 - Subsec. (a). Pub. L. 103-337 inserted at end "The
    scholarship and fellowship program shall be known as the 'Marilyn
    Lloyd Scholarship and Fellowship Program'."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 3156(b)(2) of Pub. L. 103-337 provided that: "The
    amendment made by paragraph (1) [amending this section] shall take
    effect on January 3, 1995."

-End-

-CITE-
    42 USC Sec. 7274f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274f. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 102-190, div. C, title XXXI, Sec. 3134, Dec. 5,
    1991, 105 Stat. 1575, which related to the Defense Environmental
    Restoration and Waste Management Account, was renumbered section
    4401 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(g)(2), Nov. 24, 2003, 117 Stat. 1764, and is
    classified to section 2581 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274g. Environmental restoration and waste management five-
      year plan and budget reports

-STATUTE-
    (a) Five-year plan
      (1) Not later than September 1 of each year, the Secretary of
    Energy shall issue a plan for environmental restoration and waste
    management activities to be conducted, during the five-year period
    beginning on October 1 of the next calendar year, at all facilities
    owned or operated by the Department of Energy except defense
    nuclear facilities. The plan also shall contain a description of
    environmental restoration and waste management activities conducted
    during the fiscal year in which the plan is submitted and of such
    activities to be conducted during the fiscal year beginning on
    October 1 of the same calendar year. Such five-year plan shall be
    designed to complete environmental restoration at all such
    Department of Energy facilities not later than the year 2019.
      (2) The Secretary shall prepare each annual five-year plan in a
    preliminary form at least four months before the date on which that
    plan is required to be issued under paragraph (1). The preliminary
    plan shall contain the matters referred to in paragraph (4) (other
    than the matters referred to in subparagraph (J) of that
    paragraph). The Secretary shall provide the preliminary plan to the
    Governors and Attorneys General of affected States, appropriate
    representatives of affected Indian tribes, and the public for
    coordination, review, and comment.
      (3) At the same time the Secretary issues an annual five-year
    plan under paragraph (1), the Secretary shall submit the plan to
    the President and Congress, publish a notice of the issuance of the
    plan in the Federal Register, and make the plan available to the
    Governors and Attorneys General of affected States, appropriate
    representatives of affected Indian tribes, and the public.
      (4) The annual five-year plan, and the actions and other matters
    contained in the plan, shall be in accordance with all laws,
    regulations, permits, orders, and agreements. The plan shall
    include, with respect to the Department of Energy facilities
    required by paragraph (1) to be covered by the plan, the following
    matters:
        (A) A description of the actions, including identification of
      specific projects, necessary to maintain or achieve compliance
      with Federal, State, or local environmental laws, regulations,
      permits, orders, and agreements.
        (B) A description of the actions, including identification of
      specific projects, to be taken at each Department of Energy
      facility in order to implement environmental restoration
      activities planned for each such facility.
        (C) A description of research and development activities for
      the expeditious and efficient environmental restoration of such
      facilities.
        (D) A description of the technologies and facilities necessary
      to carry out the environmental restoration activities.
        (E) A description of the waste management activities, including
      identification of specific projects, necessary to continue to
      operate the Department of Energy facilities or to decontaminate
      and decommission the facilities, as the case may be.
        (F) A description of research and development activities for
      waste management.
        (G) A description of the technologies and facilities necessary
      to carry out the waste management activities.
        (H) A description of activities and practices that the
      Secretary is undertaking or plans to undertake to minimize the
      generation of waste.
        (I) The estimated costs of, and personnel required for, each
      project, action, or activity contained in the plan.
        (J) A description of the respects in which the plan differs
      from the preliminary form of that plan issued pursuant to
      paragraph (2), together with the reasons for any differences.
        (K) A discussion of the implementation of the preceding annual
      five-year plan.
        (L) Such other matters as the Secretary finds appropriate and
      in the public interest.

      (5) The Secretary shall consult with the Administrator of the
    Environmental Protection Agency, Governors and Attorneys General of
    affected States, and appropriate representatives of affected Indian
    tribes in the preparation of the plan and the preliminary form of
    the plan pursuant to paragraphs (1) and (2). The Secretary shall
    include as an appendix to the plan (A) all comments submitted on
    the preliminary form of the plan by the Administrator, Governors
    and Attorneys General of affected States, and affected Indian
    tribes, and (B) a summary of comments submitted by the public.
      (6) The first annual five-year plan issued pursuant to this
    section shall be issued in 1992.
    (b) Treatment of plans under section 4332
      The development and adoption of any part of any plan (including
    any preliminary form of any such plan) under subsection (a) of this
    section shall not be considered a major Federal action for the
    purposes of subparagraph (C), (E), or (F) of section 4332(2) of
    this title. Nothing in this subsection shall affect the Department
    of Energy's ongoing preparation of a programmatic environmental
    impact statement on environmental restoration and waste management.
    (c) Grants
      The Secretary of Energy is authorized to award grants to, and
    enter into cooperative agreements with, affected States and
    affected Indian tribes to assist such States and tribes in
    participating in the development of the annual five-year plan
    (including the preliminary form of such plan).
    (d) Funding
      Of the funds authorized to be appropriated pursuant to section
    3103, $20,000,000 may be used for the purpose of carrying out
    subsection (c) of this section.
    (e) Budget reports
      Each year, at the same time the President submits to Congress the
    budget for a fiscal year (pursuant to section 1105 of title 31),
    the President shall submit to Congress a description of proposed
    activities and funding levels contained in the annual five-year
    plan (issued, pursuant to subsection (a)(1) of this section, in the
    year preceding the year in which the budget is submitted to
    Congress) that are not included in the budget or are included in
    the budget in a different form or at a different funding level,
    together with the reasons for such differences.

-SOURCE-
    (Pub. L. 102-190, div. C, title XXXI, Sec. 3135, Dec. 5, 1991, 105
    Stat. 1575; Pub. L. 103-337, div. C, title XXXI, Sec. 3160(a), Oct.
    5, 1994, 108 Stat. 3094.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3103, referred to in subsec. (d), is section 3103 of Pub.
    L. 102-190, div. C, title XXXI, Dec. 5, 1991, 105 Stat. 1566, which
    is not classified to the Code.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993, and not as part of the
    Department of Energy Organization Act which comprises this chapter.

-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(1). Pub. L. 103-337, Sec. 3160(a)(1),
    substituted "all facilities owned or operated by the Department of
    Energy except defense nuclear facilities" for "(A) defense nuclear
    facilities and (B) all other facilities owned or operated by the
    Department of Energy" in first sentence and inserted "such" after
    "restoration at all" in third sentence.
      Subsec. (a)(4). Pub. L. 103-337, Sec. 3160(a)(2), substituted
    "The plan shall include, with respect to the Department of Energy
    facilities required by paragraph (1) to be covered by the plan, the
    following matters:" for "The plan shall contain the following
    matters:" in introductory provisions.
      Subsec. (a)(6), (7). Pub. L. 103-337, Sec. 3160(a)(3), (4),
    redesignated par. (7) as (6) and struck out former par. (6) which
    read as follows: "The Secretary shall include in the annual five-
    year plan issued in 1992 a discussion of the feasibility and need,
    if any, for the establishment of a contingency fund in the
    Department of Energy to provide funds necessary to meet the
    requirements in environmental laws, to remove an immediate threat
    to worker or public health and safety, to prevent or improve a
    condition where postponement of activity would lead to
    deterioration of the environment, and to undertake additional
    environmental restoration activities at Department of Energy
    defense nuclear facilities that are not provided for in the budgets
    for fiscal years in which it is necessary to meet such requirements
    or undertake such activities."

                     PUBLIC PARTICIPATION IN PLANNING                 
      Pub. L. 103-337, div. C, title XXXI, Sec. 3160(e), Oct. 5, 1994,
    108 Stat. 3095, which was formerly set out as a note under this
    section, was renumbered section 4408 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(9), Nov. 24,
    2003, 117 Stat. 1765, and is classified to section 2588 of Title
    50, War and National Defense.

-End-

-CITE-
    42 USC Secs. 7274h, 7274i                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Secs. 7274h, 7274i. Transferred

-COD-
                               CODIFICATION                           
      Section 7274h, Pub. L. 102-484, div. C, title XXXI, Sec. 3161,
    Oct. 23, 1992, 106 Stat. 2644; Pub. L. 103-337, div. A, title X,
    Sec. 1070(c)(2), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105-277,
    div. A, Sec. 101(f) [title VIII, Sec. 405(d)(7)(A), (f)(6)(A)],
    Oct. 21, 1998, 112 Stat. 2681-337, 2681-419, 2681-430; Pub. L. 107-
    107, div. A, title X, Sec. 1048(h)(1), Dec. 28, 2001, 115 Stat.
    1229, which related to the Department of Energy's workforce
    restructuring plan for defense nuclear facilities, was renumbered
    section 4604 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(i)(5)(A)-(C), Nov. 24, 2003, 117 Stat. 1777,
    and is classified to section 2704 of Title 50, War and National
    Defense.
      Section 7274i, Pub. L. 102-484, div. C, title XXXI, Sec. 3162,
    Oct. 23, 1992, 106 Stat. 2646, which related to a program to
    monitor Department of Energy workers exposed to hazardous and
    radioactive substances, was renumbered section 4643 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(i)(14)(A)-(C), Nov. 24, 2003, 117 Stat. 1779, 1780, and is
    classified to section 2733 of Title 50, War and National Defense.

-MISC1-
         SEMIANNUAL REPORT TO CONGRESS OF LOCAL IMPACT ASSISTANCE     
      Pub. L. 105-85, div. C, title XXXI, Sec. 3153(f), Nov. 18, 1997,
    111 Stat. 2044, which was formerly set out as a note under section
    7274h of this title, was renumbered section 4851 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(15)(A)-(C)(ii), Nov. 24, 2003, 117 Stat. 1786, and is
    classified to section 2821 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274j. Repealed. Pub. L. 108-136, div. C, title XXXI, Sec.
      3141(m)(2), Nov. 24, 2003, 117 Stat. 1787

-MISC1-
      Section, Pub. L. 102-484, div. C, title XXXI, Sec. 3163, Oct. 23,
    1992, 106 Stat. 2647; Pub. L. 104-106, div. A, title XV, Sec.
    1504(c)(2), Feb. 10, 1996, 110 Stat. 514, related to definitions
    for purposes of former sections 7274h to 7274j of this title.

-End-

-CITE-
    42 USC Sec. 7274k                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274k. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 103-160, div. C, title XXXI, Sec. 3153, Nov. 30,
    1993, 107 Stat. 1950; Pub. L. 103-337, div. C, title XXXI, Sec.
    3160(b)-(d), Oct. 5, 1994, 108 Stat. 3094; Pub. L. 104-201, div. C,
    title XXXI, Sec. 3152, Sept. 23, 1996, 110 Stat. 2839; Pub. L. 105-
    85, div. C, title XXXI, Sec. 3160, Nov. 18, 1997, 111 Stat. 2048,
    which related to baseline environmental management reports, was
    renumbered section 4404 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(g)(5), Nov. 24, 2003, 117 Stat. 1765,
    and is classified to section 2584 of Title 50, War and National
    Defense.

-MISC1-
         REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR ENVIRONMENTAL
                            MANAGEMENT PROGRAMS
      Pub. L. 104-201, div. C, title XXXI, Sec. 3153, Sept. 23, 1996,
    110 Stat. 2839, which was formerly set out as a note under this
    section, was renumbered section 4402 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(3)(A)-(C), Nov.
    24, 2003, 117 Stat. 1764, and is classified to section 2582 of
    Title 50, War and National Defense.

       ACCELERATED SCHEDULE FOR ENVIRONMENTAL RESTORATION AND WASTE
                           MANAGEMENT ACTIVITIES
      Pub. L. 104-106, div. C, title XXXI, Sec. 3156, Feb. 10, 1996,
    110 Stat. 625, which was formerly set out as a note under this
    section, was renumbered section 4405 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003 by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(g)(6)(A)-(C), Nov.
    24, 2003, 117 Stat. 1765, and is classified to section 2585 of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274l                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274l. Authority to transfer certain Department of Energy
      property

-STATUTE-
    (a) Authority to transfer
      (1) Notwithstanding any other provision of law, the Secretary of
    Energy may transfer, for consideration, all right, title, and
    interest of the United States in and to the property referred to in
    subsection (b) of this section to any person if the Secretary
    determines that such transfer will mitigate the adverse economic
    consequences that might otherwise arise from the closure of a
    Department of Energy facility.
      (2) The amount of consideration received by the United States for
    a transfer under paragraph (1) may be less than the fair market
    value of the property transferred if the Secretary determines that
    the receipt of such lesser amount by the United States is in
    accordance with the purpose of such transfer under this section.
      (3) The Secretary may require any additional terms and conditions
    with respect to a transfer of property under paragraph (1) that the
    Secretary determines appropriate to protect the interests of the
    United States.
    (b) Covered property
      Property referred to in subsection (a) of this section is the
    following property of the Department of Energy that is located at a
    Department of Energy facility to be closed or reconfigured:
        (1) The personal property and equipment at the facility that
      the Secretary determines to be excess to the needs of the
      Department of Energy.
        (2) Any personal property and equipment at the facility (other
      than the property and equipment referred to in paragraph (1)) the
      replacement cost of which does not exceed an amount equal to 110
      percent of the costs of relocating the property or equipment to
      another facility of the Department of Energy.

-SOURCE-
    (Pub. L. 103-160, div. C, title XXXI, Sec. 3155, Nov. 30, 1993, 107
    Stat. 1953.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1994, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Secs. 7274m to 7274o                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Secs. 7274m to 7274o. Transferred

-COD-
                               CODIFICATION                           
      Section 7274m, Pub. L. 103-337, div. C, title XXXI, Sec. 3163,
    Oct. 5, 1994, 108 Stat. 3097, which related to safety oversight and
    enforcement at defense nuclear facilities, was renumbered section
    4642 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(i)(13)(A)-(C), Nov. 24, 2003, 117 Stat. 1779,
    and is classified to section 2732 of Title 50, War and National
    Defense.
      Section 7274n, Pub. L. 104-201, div. C, title XXXI, Sec. 3143,
    Sept. 23, 1996, 110 Stat. 2836, which related to projects to
    accelerate closure activities at defense nuclear facilities, was
    renumbered section 4421 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(g)(11)(A)-(C), Nov. 24, 2003, 117
    Stat. 1766, and is classified to section 2601 of Title 50, War and
    National Defense.
      Section 7274o, Pub. L. 104-201, div. C, title XXXI, Sec. 3159,
    Sept. 23, 1996, 110 Stat. 2842; Pub. L. 105-85, div. A, title XIII,
    Sec. 1305(c), (d), Nov. 18, 1997, 111 Stat. 1954; Pub. L. 106-65,
    div. C, title XXXI, Sec. 3163(f), Oct. 5, 1999, 113 Stat. 946,
    which related to reports on critical difficulties at nuclear
    weapons laboratories and nuclear weapons production plants, was
    renumbered section 4213 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(e)(14), Nov. 24, 2003, 117 Stat.
    1760, and is classified to section 2533 of Title 50, War and
    National Defense.

-MISC1-
       SUBMITTAL OF ANNUAL REPORT ON STATUS OF SECURITY FUNCTIONS AT
                        NUCLEAR WEAPONS FACILITIES
      Pub. L. 105-85, div. C, title XXXI, Sec. 3162, Nov. 18, 1997, 111
    Stat. 2049, as amended by Pub. L. 106-65, div. C, title XXXI, Sec.
    3142(h)(2), Oct. 5, 1999, 113 Stat. 934, which was formerly set out
    as a note under section 7274m of this title, was renumbered section
    4506 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(h)(7)(A)-(C), Nov. 24, 2003, 117 Stat. 1773,
    and is classified to section 2657 of Title 50, War and National
    Defense.

      EMPLOYEE INCENTIVES FOR EMPLOYEES AT CLOSURE PROJECT FACILITIES  
      Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3136], Oct. 30,
    2000, 114 Stat. 1654, 1654A-458, which was formerly set out as a
    note under section 7274n of this title, was renumbered section 4603
    of Pub. L. 107-314, the Bob Stump National Defense Authorization
    Act for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI,
    Sec. 3141(i)(4)(A)-(C), Nov. 24, 2003, 117 Stat. 1777, and is
    classified to section 2703 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274p                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274p. Advice to President and Congress regarding safety,
      security, and reliability of United States nuclear weapons
      stockpile

-STATUTE-
    (a) Findings
      Congress makes the following findings:
        (1) Nuclear weapons are the most destructive weapons on earth.
      The United States and its allies continue to rely on nuclear
      weapons to deter potential adversaries from using weapons of mass
      destruction. The safety and reliability of the nuclear weapons
      stockpile are essential to ensure its credibility as a deterrent.
        (2) On September 24, 1996, President Clinton signed the
      Comprehensive Test Ban Treaty.
        (3) Effective as of September 30, 1996, the United States is
      prohibited by section 507 of the Energy and Water Development
      Appropriations Act, 1993 (Public Law 102-377; 42 U.S.C. 2121
      note) (!1) from conducting underground nuclear tests "unless a
      foreign state conducts a nuclear test after this date, at which
      time the prohibition on United States nuclear testing is lifted".

        (4) Section 1436(b) of the National Defense Authorization Act,
      Fiscal Year 1989 (Public Law 100-456; 42 U.S.C. 2121 note) (!1)
      requires the Secretary of Energy to "establish and support a
      program to assure that the United States is in a position to
      maintain the reliability, safety, and continued deterrent effect
      of its stockpile of existing nuclear weapons designs in the event
      that a low-threshold or comprehensive test ban on nuclear
      explosive testing is negotiated and ratified.".
        (5) Section 3138(d) of the National Defense Authorization Act
      for Fiscal Year 1994 (!1) (Public Law 103-160; 42 U.S.C. 2121
      note) required the President to submit an annual report to
      Congress which sets forth "any concerns with respect to the
      safety, security, effectiveness, or reliability of existing
      United States nuclear weapons raised by the Stockpile Stewardship
      Program of the Department of Energy".
        (6) President Clinton declared in July 1993 that "to assure
      that our nuclear deterrent remains unquestioned under a test ban,
      we will explore other means of maintaining our confidence in the
      safety, reliability, and the performance of our weapons". This
      decision was incorporated in a Presidential Directive.
        (7) Section 3138 of the National Defense Authorization Act for
      Fiscal Year 1994 (Public Law 103-160; 42 U.S.C. 2121 note) (!1)
      also requires that the Secretary of Energy establish a
      "stewardship program to ensure the preservation of the core
      intellectual and technical competencies of the United States in
      nuclear weapons".
        (8) The plan of the Department of Energy to maintain the safety
      and reliability of the United States nuclear weapons stockpile is
      known as the Stockpile Stewardship and Management Program. The
      ability of the United States to maintain and certify the safety,
      security, effectiveness, and reliability of the nuclear weapons
      stockpile without testing will require utilization of new and
      sophisticated computational capabilities and diagnostic
      technologies, methods, and procedures. Current diagnostic
      technologies and laboratory testing techniques are insufficient
      to certify the safety and reliability of the United States
      nuclear weapons stockpile into the future. Whereas in the past
      laboratory and diagnostic tools were used in conjunction with
      nuclear testing, in the future they will provide, under the
      Department of Energy's stockpile stewardship plan, the sole basis
      for assessing past test data and for making judgments on
      phenomena observed in connection with the aging of the stockpile.
        (9) Section 3159 of the National Defense Authorization Act for
      Fiscal Year 1997 (Public Law 104-201; 42 U.S.C. 7274o) requires
      that the directors of the nuclear weapons laboratories and the
      nuclear weapons production plants submit a report to the
      Assistant Secretary of Energy for Defense Programs if they
      identify a problem that has significant bearing on confidence in
      the safety or reliability of a nuclear weapon or nuclear weapon
      type, that the Assistant Secretary must transmit that report,
      along with any comments, to the congressional defense committees
      and to the Secretary of Energy and the Secretary of Defense, and
      that the Joint Nuclear Weapons Council advise Congress regarding
      its analysis of any such problems.
        (10) On August 11, 1995, President Clinton directed "the
      establishment of a new annual reporting and certification
      requirement [to] ensure that our nuclear weapons remain safe and
      reliable under a comprehensive test ban".
        (11) On the same day, the President noted that the Secretary of
      Defense and the Secretary of Energy have the responsibility,
      after being "advised by the Nuclear Weapons Council, the
      Directors of DOE's nuclear weapons laboratories, and the
      Commander of United States Strategic Command", to provide the
      President with the information regarding the certification
      referred to in paragraph (10).
        (12) The Joint Nuclear Weapons Council established by section
      179 of title 10 is responsible for providing advice to the
      Secretary of Energy and the Secretary of Defense regarding
      nuclear weapons issues, including "considering safety, security,
      and control issues for existing weapons". The Council plays a
      critical role in advising Congress in matters relating to nuclear
      weapons.
        (13) It is essential that the President receive well-informed,
      objective, and honest opinions, including dissenting views, from
      his advisers and technical experts regarding the safety,
      security, effectiveness, and reliability of the nuclear weapons
      stockpile.
    (b) Policy
      (1) In general
        It is the policy of the United States - 
          (A) to maintain a safe, secure, effective, and reliable
        nuclear weapons stockpile; and
          (B) as long as other nations control or actively seek to
        acquire nuclear weapons, to retain a credible nuclear
        deterrent.
      (2) Nuclear weapons stockpile
        It is in the security interest of the United States to sustain
      the United States nuclear weapons stockpile through a program of
      stockpile stewardship, carried out at the nuclear weapons
      laboratories and nuclear weapons production plants.
      (3) Sense of Congress
        It is the sense of Congress that - 
          (A) the United States should retain a triad of strategic
        nuclear forces sufficient to deter any future hostile foreign
        leadership with access to strategic nuclear forces from acting
        against the vital interests of the United States;
          (B) the United States should continue to maintain nuclear
        forces of sufficient size and capability to implement an
        effective and robust deterrent strategy; and
          (C) the advice of the persons required to provide the
        President and Congress with assurances of the safety, security,
        effectiveness, and reliability of the nuclear weapons force
        should be scientifically based, without regard for politics,
        and of the highest quality and integrity.
    (c), (d) Omitted
    (e) Advice and opinions regarding nuclear weapons stockpile
      In addition to a director of a nuclear weapons laboratory or a
    nuclear weapons production plant (under section 3159 of the
    National Defense Authorization Act for Fiscal Year 1997 (Public Law
    104-201; 42 U.S.C. 7274o)),(!1) any member of the Joint Nuclear
    Weapons Council or the commander of the United States Strategic
    Command may also submit to the President, the Secretary of Defense,
    the Secretary of Energy, or the congressional defense committees
    advice or opinion regarding the safety, security, effectiveness,
    and reliability of the nuclear weapons stockpile.
    (f) Expression of individual views
      A representative of the President may not take any action
    against, or otherwise constrain, a director of a nuclear weapons
    laboratory or a nuclear weapons production plant, a member of the
    Joint Nuclear Weapons Council, or the Commander of United States
    Strategic Command for presenting individual views to the President,
    the National Security Council, or Congress regarding the safety,
    security, effectiveness, and reliability of the nuclear weapons
    stockpile.
    (g) Definitions
      In this section:
        (1) The term "representative of the President" means the
      following:
          (A) Any official of the Department of Defense or the
        Department of Energy who is appointed by the President and
        confirmed by the Senate.
          (B) Any member of the National Security Council.
          (C) Any member of the Joint Chiefs of Staff.
          (D) Any official of the Office of Management and Budget.

        (2) The term "nuclear weapons laboratory" means any of the
      following:
          (A) Lawrence Livermore National Laboratory, California.
          (B) Los Alamos National Laboratory, New Mexico.
          (C) Sandia National Laboratories.

        (3) The term "nuclear weapons production plant" means any of
      the following:
          (A) The Pantex Plant, Texas.
          (B) The Savannah River Site, South Carolina.
          (C) The Kansas City Plant, Missouri.
          (D) The Y-12 Plant, Oak Ridge, Tennessee.

-SOURCE-
    (Pub. L. 105-85, div. A, title XIII, Sec. 1305, Nov. 18, 1997, 111
    Stat. 1952.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 507 of the Energy and Water Development Appropriations
    Act, 1993 (Public Law 102-377), referred to in subsec. (a)(3),
    which is set out as a note under section 2121 of this title, was
    amended by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(11),
    Nov. 24, 2003, 117 Stat. 1760, and no longer contains the words
    "unless a foreign state conducts a nuclear test after this date, at
    which time the prohibition on United States nuclear testing is
    lifted". Those words were transferred to section 2530 of Title 50,
    War and National Defense.
      Section 1436 of the National Defense Authorization Act, Fiscal
    Year 1989 (Public Law 100-456), referred to in subsec. (a)(4), was
    set out as a note under section 2121 of this title and was
    renumbered section 4207 of Pub. L. 107-314, the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108-136,
    div. C, title XXXI, Sec. 3141(e)(8)(A)-(C), Nov. 24, 2003, 117
    Stat. 1759, which is classified to section 2527 of Title 50, War
    and National Defense.
      Section 3138 of the National Defense Authorization Act for Fiscal
    Year 1994 (Public Law 103-160), referred to in subsec. (a)(5) and
    (7), was amended by Pub. L. 105-85, div. C, title XXXI, Sec.
    3152(e)(1), Nov. 18, 1997, 111 Stat. 2042, to strike out subsec.
    (d) and subsequently renumbered section 4201 of Pub. L. 107-314,
    the Bob Stump National Defense Authorization Act for Fiscal Year
    2003, by Pub. L. 108-136, div. C, title XXXI, Sec. 3141(e)(2), Nov.
    24, 2003, 117 Stat. 1758, which is classified to section 2521 of
    Title 50, War and National Defense.
      Section 3159 of the National Defense Authorization Act for Fiscal
    Year 1997, referred to in subsecs. (a)(9) and (e), was classified
    to section 7274o of this title and was renumbered section 4213 of
    Pub. L. 107-314, the Bob Stump National Defense Authorization Act
    for Fiscal Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(e)(14), Nov. 24, 2003, 117 Stat. 1760, which is classified to
    section 2533 of Title 50, War and National Defense.

-COD-
                               CODIFICATION                           
      Section is comprised of section 1305 of Pub. L. 105-85. Subsecs.
    (c) and (d) of section 1305 of Pub. L. 105-85 amended section 2533
    of Title 50, War and National Defense.
      Section was enacted as part of the National Defense Authorization
    Act for Fiscal Year 1998, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the advanced scientific computing research program and activities
    at Lawrence Livermore National Laboratory, including the functions
    of the Secretary of Energy relating thereto, to the Secretary of
    Homeland Security, see sections 183(1), 551(d), 552(d), and 557 of
    Title 6, Domestic Security, and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified, set out as a
    note under section 542 of Title 6.
      All national security functions and activities performed
    immediately before Oct. 5, 1999, by nuclear weapons laboratories
    and production plants defined in this section, transferred to the
    Administrator for Nuclear Security of the National Nuclear Security
    Administration of the Department of Energy, see section 2481 of
    Title 50, War and National Defense.

-CROSS-
                "CONGRESSIONAL DEFENSE COMMITTEES" DEFINED            
      Congressional defense committees means the Committees on Armed
    Services and Appropriations of the Senate and the House of
    Representatives, see section 3 of Pub. L. 105-85, 111 Stat. 1645,
    as amended by Pub. L. 106-65, div. A, title X, Sec. 1067(4), Oct.
    5, 1999, 113 Stat. 774.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7274q                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274q. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 105-85, div. C, title XXXI, Sec. 3158, Nov. 18,
    1997, 111 Stat. 2046; Pub. L. 108-7, div. D, title V, Sec. 506,
    Feb. 20, 2003, 117 Stat. 158, which related to transfers of real
    property at certain Department of Energy facilities, was renumbered
    section 4831 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(k)(11), Nov. 24, 2003, 117 Stat. 1785, and is
    classified to section 2811 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274r                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274r. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 108-7, div. D, title III, Sec. 308, Feb. 20,
    2003, 117 Stat. 154, which related to research, development, and
    demonstration activities with respect to engineering and
    manufacturing capabilities at covered nuclear weapons production
    plants, was transferred and is listed in a similar provisions note
    under the heading Activities at Covered Nuclear Weapons Facilities
    under section 2812 of Title 50, War and National Defense.

-MISC1-
         ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND
        DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR WEAPONS
                             PRODUCTION PLANTS
      Pub. L. 106-398, Sec. 1 [div. C, title XXXI, Sec. 3156], Oct. 30,
    2000, 114 Stat. 1654, 1654A-467, which was formerly set out as a
    note under this section, was renumbered section 4832 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(k)(12), Nov. 24, 2003, 117 Stat. 1785, and is classified to
    section 2812 of Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7274s                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7274s. Transferred

-COD-
                               CODIFICATION                           
      Section, Pub. L. 107-314, div. C, title XXXI, Sec. 3141, Dec. 2,
    2002, 116 Stat. 2730, which related to annual assessments and
    reports to the President and Congress regarding the condition of
    the United States nuclear weapons stockpile, was renumbered section
    4205 of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(e)(6)(A)-(C), Nov. 24, 2003, 117 Stat. 1759,
    and is classified to section 2525 of Title 50, War and National
    Defense.

-End-

-CITE-
    42 USC Sec. 7275                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7275. Definitions

-STATUTE-
      As used in sections 7275 to 7276c of this title:
        (1) The term "Administrator" means the Administrator of the
      Western Area Power Administration.
        (2) The term "integrated resource planning" means a planning
      process for new energy resources that evaluates the full range of
      alternatives, including new generating capacity, power purchases,
      energy conservation and efficiency, cogeneration and district
      heating and cooling applications, and renewable energy resources,
      in order to provide adequate and reliable service to its electric
      customers at the lowest system cost. The process shall take into
      account necessary features for system operation, such as
      diversity, reliability, dispatchability, and other factors of
      risk; shall take into account the ability to verify energy
      savings achieved through energy conservation and efficiency and
      the projected durability of such savings measured over time; and
      shall treat demand and supply resources on a consistent and
      integrated basis.
        (3) The term "least cost option" means an option for providing
      reliable electric services to electric customers which will, to
      the extent practicable, minimize life-cycle system costs,
      including adverse environmental effects, of providing such
      service. To the extent practicable, energy efficiency and
      renewable resources may be given priority in any least-cost
      option.
        (4) The term "long-term firm power service contract" means any
      contract for the sale by Western Area Power Administration of
      firm capacity, with or without energy, which is to be delivered
      over a period of more than one year.
        (5) The terms "customer" or "customers" means any entity or
      entities purchasing firm capacity with or without energy, from
      the Western Area Power Administration under a long-term firm
      power service contract. Such terms include parent-type entities
      and their distribution or user members.
        (6) For any customer, the term "applicable integrated resource
      plan" means the integrated resource plan approved by the
      Administrator under sections 7275 to 7276c of this title for that
      customer.

-SOURCE-
    (Pub. L. 98-381, title II, Sec. 201, as added Pub. L. 102-486,
    title I, Sec. 114, Oct. 24, 1992, 106 Stat. 2799.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Hoover Power Plant Act of
    1984, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7275, Pub. L. 98-381, title II, Sec. 201, Aug.
    17, 1984, 98 Stat. 1340, related to energy conservation program of
    Western Area Power Administration, prior to the general amendment
    of title II of Pub. L. 98-381 by section 114 of Pub. L. 102-486.

-End-

-CITE-
    42 USC Sec. 7276                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7276. Regulations to require integrated resource planning

-STATUTE-
    (a) Regulations
      Within 1 year after October 24, 1992, the Administrator shall, by
    regulation, revise the Final Amended Guidelines and Acceptance
    Criteria for Customer Conservation and Renewable Energy Programs
    published in the Federal Register on August 21, 1985 (50 F.R.
    33892), or any subsequent amendments thereto, to require each
    customer purchasing electric energy under a long-term firm power
    service contract with the Western Area Power Administration to
    implement, within 3 years after October 24, 1992, integrated
    resource planning in accordance with the requirements of sections
    7275 to 7276c of this title.
    (b) Certain small customers
      Notwithstanding subsection (a) of this section, for customers
    with total annual energy sales or usage of 25 Gigawatt Hours or
    less which are not members of a joint action agency or a generation
    and transmission cooperative with power supply responsibility, the
    Administrator may establish different regulations and apply such
    regulations to customers that the Administrator finds have limited
    economic, managerial, and resource capability to conduct integrated
    resource planning. The regulations under this subsection shall
    require such customers to consider all reasonable opportunities to
    meet their future energy service requirements using demand-side
    techniques, new renewable resources and other programs that will
    provide retail customers with electricity at the lowest possible
    cost, and minimize, to the extent practicable, adverse
    environmental effects.

-SOURCE-
    (Pub. L. 98-381, title II, Sec. 202, as added Pub. L. 102-486,
    title I, Sec. 114, Oct. 24, 1992, 106 Stat. 2800.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Hoover Power Plant Act of
    1984, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 7276, Pub. L. 98-381, title II, Sec. 202, Aug.
    17, 1984, 98 Stat. 1341, related to regulations of Western Area
    Power Administration, including amendment of regulations after
    notice and comment, evaluation of energy conservation programs, and
    allowance by Western for incorporation of elements of such
    programs, prior to the general amendment of title II of Pub. L. 98-
    381 by section 114 of Pub. L. 102-486.

-End-

-CITE-
    42 USC Sec. 7276a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7276a. Technical assistance

-STATUTE-
      The Administrator may provide technical assistance to customers
    to, among other things, conduct integrated resource planning,
    implement applicable integrated resource plans, and otherwise
    comply with the requirements of sections 7275 to 7276c of this
    title. Technical assistance may include publications, workshops,
    conferences, one-to-one assistance, equipment loans, technology and
    resource assessment studies, marketing studies, and other
    mechanisms to transfer information on energy efficiency and
    renewable energy options and programs to customers. The
    Administrator shall give priority to providing technical assistance
    to customers that have limited capability to conduct integrated
    resource planning.

-SOURCE-
    (Pub. L. 98-381, title II, Sec. 203, as added Pub. L. 102-486,
    title I, Sec. 114, Oct. 24, 1992, 106 Stat. 2800.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Hoover Power Plant Act of
    1984, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7276b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7276b. Integrated resource plans

-STATUTE-
    (a) Review by Western Area Power Administration
      Within 1 year after October 24, 1992, the Administrator shall, by
    regulation, revise the Final Amended Guidelines and Acceptance
    Criteria for Customer Conservation and Renewable Energy Programs
    published in the Federal Register on August 21, 1985 (50 F.R.
    33892), or any subsequent amendments thereto, to require each
    customer to submit an integrated resource plan to the Administrator
    within 12 months after such regulations are amended. The regulation
    shall require a revision of such plan to be submitted every 5 years
    after the initial submission. The Administrator shall review the
    initial plan in accordance with a schedule established by the
    Administrator (which schedule will provide for the review of all
    initial plans within 24 months after such regulations are amended),
    and each revision thereof within 120 days after his receipt of the
    plan or revision and determine whether the customer has in the
    development of the plan or revision, complied with sections 7275 to
    7276c of this title. Plan amendments may be submitted to the
    Administrator at any time and the Administrator shall review each
    such amendment within 120 days after receipt thereof to determine
    whether the customer in amending its plan has complied with
    sections 7275 to 7276c of this title. If the Administrator
    determines that the customer, in developing its plan, revision, or
    amendment, has not complied with the requirements of sections 7275
    to 7276c of this title, the customer shall resubmit the plan at any
    time thereafter. Whenever a plan or revision or amendment is
    resubmitted the Administrator shall review the plan or revision or
    amendment within 120 days after his receipt thereof to determine
    whether the customer has complied with sections 7275 to 7276c of
    this title.
    (b) Criteria for approval of integrated resource plans
      The Administrator shall approve an integrated resource plan
    submitted as required under subsection (a) of this section if, in
    developing the plan, the customer has:
        (1) Identified and accurately compared all practicable energy
      efficiency and energy supply resource options available to the
      customer.
        (2) Included a 2-year action plan and a 5-year action plan
      which describe specific actions the customer will take to
      implement its integrated resource plan.
        (3) Designated "least-cost options" to be utilized by the
      customer for the purpose of providing reliable electric service
      to its retail consumers and explained the reasons why such
      options were selected.
        (4) To the extent practicable, minimized adverse environmental
      effects of new resource acquisitions.
        (5) In preparation and development of the plan (and each
      revision or amendment of the plan) has provided for full public
      participation, including participation by governing boards.
        (6) Included load forecasting.
        (7) Provided methods of validating predicted performance in
      order to determine whether objectives in the plan are being met.
        (8) Met such other criteria as the Administrator shall require.
    (c) Use of other integrated resource plans
      Where a customer or group of customers are implementing
    integrated resource planning under a program responding to Federal,
    State, or other initiatives, including integrated resource planning
    considered and implemented pursuant to section 2621(d) of title 16,
    in evaluating that customer's integrated resource plan under
    sections 7275 to 7276c of this title, the Administrator shall
    accept such plan as fulfillment of the requirements of sections
    7275 to 7276c of this title to the extent such plan substantially
    complies with the requirements of sections 7275 to 7276c of this
    title.
    (d) Compliance with integrated resource plans
      Within 1 year after October 24, 1992, the Administrator shall, by
    regulation, revise the Final Amended Guidelines and Acceptance
    Criteria for Customer Conservation and Renewable Energy Programs
    published in the Federal Register on August 21, 1985 (50 F.R.
    33892), or any subsequent amendments thereto, to require each
    customer to fully comply with the applicable integrated resource
    plan and submit an annual report to the Administrator (in such form
    and containing such information as the Administrator may require)
    describing the customer's progress to the goals established in such
    plan. After the initial review under subsection (a) of this section
    the Administrator shall periodically conduct reviews of a
    representative sample of applicable integrated resource plans and
    the customer's implementation of the applicable integrated resource
    plan to determine if the customers are in compliance with their
    plans. If the Administrator finds a customer out-of-compliance, the
    Administrator shall impose a surcharge under this section on all
    electric energy purchased by the customer from the Western Area
    Power Administration or reduce such customer's power allocation by
    10 percent, unless the Administrator finds that a good faith effort
    has been made to comply with the approved plan.
    (e) Enforcement
      (1) No approved plan
        If an integrated resource plan for any customer is not
      submitted before the date 12 months after the guidelines are
      amended as required under this section or if the plan is
      disapproved by the Administrator and a revised plan is not
      resubmitted by the date 9 months after the date of such
      disapproval, the Administrator shall impose a surcharge of 10
      percent of the purchase price on all power obtained by that
      customer from the Western Area Power Administration after such
      date. The surcharge shall remain in effect until an integrated
      resource plan is approved for that customer. If the plan is not
      submitted for more than one year after the required date, the
      surcharge shall increase to 20 percent for the second year (or
      any portion thereof prior to approval of the plan) and to 30
      percent thereafter until the plan is submitted or the contract
      for the purchase of power by such customer from the Western Area
      Power Administration terminates.
      (2) Failure to comply with approved plan
        After approval by the Administrator of an applicable integrated
      resource plan for any customer, the Administrator shall impose a
      10 percent surcharge on all power purchased by such customer from
      the Western Area Power Administration whenever the Administrator
      determines that such customer's activities are not consistent
      with the applicable integrated resource plan. The surcharge shall
      remain in effect until the Administrator determines that the
      customer's activities are consistent with the applicable
      integrated resource plan. The surcharge shall be increased to 20
      percent if the customer's activities are out of compliance for
      more than one year and to 30 percent after more than 2 years,
      except that no surcharge shall be imposed if the customer
      demonstrates, to the satisfaction of the Administrator, that a
      good faith effort has been made to comply with the approved plan.
      (3) Reduction in power allocation
        In the case of any customer subject to a surcharge under
      paragraph (1) or (2), in lieu of imposing such surcharge the
      Administrator may reduce such customer's power allocation from
      the Western Area Power Administration by 10 percent. The
      Administrator shall provide by regulation the terms and
      conditions under which a power allocation terminated under this
      subsection may be reinstated.
    (f) Integrated resource planning cooperatives
      With the approval of the Administrator, customers within any
    State or region may form integrated resource planning cooperatives
    for the purposes of complying with sections 7275 to 7276c of this
    title, and such customers shall be allowed an additional 6 months
    to submit an initial integrated resource plan to the Administrator.
    (g) Customers with more than 1 contract
      If more than one long-term firm power service contract exists
    between the Administrator and a customer, only one integrated
    resource plan shall be required for that customer under sections
    7275 to 7276c of this title.
    (h) Program review
      Within 1 year after January 1, 1999, and at appropriate intervals
    thereafter, the Administrator shall initiate a public process to
    review the program established by this section. The Administrator
    is authorized at that time to revise the criteria set forth in
    subsection (b) of this section to reflect changes, if any, in
    technology, needs, or other developments.

-SOURCE-
    (Pub. L. 98-381, title II, Sec. 204, as added Pub. L. 102-486,
    title I, Sec. 114, Oct. 24, 1992, 106 Stat. 2800.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Hoover Power Plant Act of
    1984, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7276c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7276c. Miscellaneous provisions

-STATUTE-
    (a) Environmental impact statement
      The provisions of the National Environmental Policy Act of 1969
    [42 U.S.C. 4321 et seq.] shall apply to actions of the
    Administrator implementing sections 7275 to 7276c of this title in
    the same manner and to the same extent as such provisions apply to
    other major Federal actions significantly affecting the quality of
    the human environment.
    (b) Annual reports
      The Administrator shall include in the annual report submitted by
    the Western Area Power Administration (1) a description of the
    activities undertaken by the Administrator and by customers under
    sections 7275 to 7276c of this title and (2) an estimate of the
    energy savings and renewable resource benefits achieved as a result
    of such activities.
    (c) State regulated investor-owned utilities
      Any State regulated electric utility (as defined in section
    2602(18) of title 16) shall be exempt from the provisions of
    sections 7275 to 7276c of this title.
    (d) Rural Electrification Administration requirements
      Nothing in sections 7275 to 7276c of this title shall require a
    customer to take any action inconsistent with a requirement imposed
    by the Rural Electrification Administration (!1)

-SOURCE-
    (Pub. L. 98-381, title II, Sec. 205, as added Pub. L. 102-486,
    title I, Sec. 114, Oct. 24, 1992, 106 Stat. 2803.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Environmental Policy Act of 1969, referred to in
    subsec. (a), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as
    amended, which is classified generally to chapter 55 (Sec. 4321 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 4321 of this title
    and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Hoover Power Plant Act of
    1984, and not as part of the Department of Energy Organization Act
    which comprises this chapter.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a period.

-End-

-CITE-
    42 USC Sec. 7276d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7276d. Property protection program for power marketing
      administrations

-STATUTE-
      The Administrators of the Western Area Power Administration, the
    Southwestern Power Administration, and the Southeastern Power
    Administration may each carry out programs to reduce vandalism,
    theft, and destruction of property that is under their
    jurisdiction.

-SOURCE-
    (Pub. L. 107-78, Sec. 1, Nov. 28, 2001, 115 Stat. 808.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Department of Energy
    Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7276e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7276e. Provision of rewards

-STATUTE-
      In carrying out a program under this section and section 7276d of
    this title, each Administrator referred to in section 7276d of this
    title is authorized to provide rewards (including cash rewards) to
    individuals who provide information or evidence leading to the
    arrest and prosecution of individuals causing damage to, or loss
    of, Federal property under their jurisdiction. The amount of any
    one such reward paid to any individual may not exceed a value of
    $1,000.

-SOURCE-
    (Pub. L. 107-78, Sec. 2, Nov. 28, 2001, 115 Stat. 808.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Department of Energy
    Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7277                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7277. Report concerning review of United States coal imports

-STATUTE-
    (a) In general
      The Energy Information Administration shall issue a report
    quarterly, and provide an annual summary of the quarterly reports
    to the Congress, on the status of United States coal imports. Such
    quarterly reports may be published as a part of the Quarterly Coal
    Report published by the Energy Information Administration.
    (b) Contents
      Each report required by this section shall - 
        (1) include current and previous year data on the quantity,
      quality (including heating value, sulfur content, and ash
      content), and delivered price of all coals imported by domestic
      electric utility plants that imported more than 10,000 tons
      during the previous calendar year into the United States;
        (2) identify the foreign nations exporting the coal, the
      domestic electric utility plants receiving coal from each
      exporting nation, the domestically produced coal supplied to such
      plants, and the domestic coal production, by State, displaced by
      the imported coal;
        (3) identify (to the extent allowed under disclosure policy),
      at regional and State levels of aggregation, transportation modes
      and costs for delivery of imported coal from the exporting
      country port of origin to the point of consumption in the United
      States; and
        (4) specifically highlight and analyze any significant trends
      of unusual variations in coal imports.
    (c) Date of reports
      The first report required by this section shall be submitted to
    Congress in March 1986. Subsequent reports shall be submitted
    within 90 days after the end of each quarter.
    (d) Limitation
      Information and data required for the purpose of this section
    shall be subject to the law regarding the collection and disclosure
    of such data.

-SOURCE-
    (Pub. L. 99-58, title II, Sec. 202, July 2, 1985, 99 Stat. 107.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy Policy and Conservation
    Amendments Act of 1985, and also as part of the National Coal
    Imports Reporting Act of 1985, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-MISC1-
                                SHORT TITLE                            
      Section 201 of title II of Pub. L. 99-58 provided that: "This
    title [enacting this section and provisions set out as a note
    below] may be cited as the 'National Coal Imports Reporting Act of
    1985'."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in this
    section requiring submittal of reports to Congress, see section
    3003 of Pub. L. 104-66, as amended, set out as a note under section
    1113 of Title 31, Money and Finance, and the 14th item on page 90
    of House Document No. 103-7.

     ANALYSIS OF UNITED STATES COAL IMPORT MARKET; REPORT BY SECRETARY
                           OF ENERGY TO CONGRESS
      Section 203 of Pub. L. 99-58 provided that:
      "(a) In General. - The Secretary of Energy shall, through the
    Energy Information Administration, conduct a comprehensive analysis
    of the coal import market in the United States and report the
    findings of such analysis to the Committee on Energy and Natural
    Resources of the Senate and the appropriate committees of the House
    of Representatives, within nine months of the date of enactment of
    this Act [July 2, 1985].
      "(b) Contents. - The report required by this section shall - 
        "(1) contain a detailed analysis of potential domestic markets
      for foreign coals, by producing nation, between 1985 and 1995;
        "(2) identify potential domestic consuming sectors of imported
      coal and evaluate the magnitude of any potential economic
      disruptions for each impacted State, including analysis of direct
      and indirect employment impact in the domestic coal industry and
      resulting income loss to each State;
        "(3) identify domestically produced coal that potentially could
      be replaced by imported coal;
        "(4) identify contractual commitments of domestic utilities
      expiring between 1985 and 1995 and describe spot buying practices
      of domestic utilities, fuel cost patterns, plant modification
      costs required to burn foreign coals, proximity of navigable
      waters to utilities, demand for compliance coal, availability of
      less expensive purchased power from Canada, and State and local
      considerations;
        "(5) evaluate increased coal consumption by domestic electric
      utilities resulting from increased power sales and analyze the
      potential coal import market represented by this increased coal
      consumption, including consumption by existing coal-fired plants,
      new coal-fired plants projected up to the year 1995, and plants
      planning to convert to coal by 1995;
        "(6) identify existing authorities available to the Federal
      Government relating to coal imports, assess the potential impact
      of exercising each of these authorities, and describe executive
      branch plans and strategies to address coal imports;
        "(7) identify and characterize the coal export policies of all
      major coal exporting nations, including the United States,
      Australia, Canada, Colombia, Poland, and South Africa, with
      specific analysis of - 
          "(A) direct or indirect Government subsidies to coal
        exporters;
          "(B) health, safety, and environmental regulations imposed on
        each coal producer; and
          "(C) trade policies relating to coal exports;
        "(8) evaluate the excess capacity of foreign producers,
      potential development of new export-oriented coal mines in
      foreign nations, operating costs of foreign coal mines, capacity
      of ocean vessels to transport foreign coal, and constraints on
      importing coal into the United States because of port and harbor
      availability;
        "(9) identify specifically the participation of all United
      States corporations involved in mining and exporting coal from
      foreign nations; and
        "(10) identify the policies governing coal imports of all coal-
      importing industrialized nations (including the United States,
      Japan, and European nations) by considering such factors as
      import duties or tariffs, import quotas, and other governmental
      restrictions or trade policies impacting coal imports."

-End-

-CITE-
    42 USC Sec. 7278                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VI - ADMINISTRATIVE PROVISIONS
    Part C - General Administrative Provisions

-HEAD-
    Sec. 7278. Availability of appropriations for Department of Energy
      for transportation, uniforms, security, and price support and
      loan guarantee programs; transfer of funds; acceptance of
      contributions

-STATUTE-
      Appropriations for the Department of Energy under this title (!1)
    in this and subsequent Energy and Water Development Appropriations
    Acts, on and after October 2, 1992, shall be available for hire of
    passenger motor vehicles; hire, maintenance and operation of
    aircraft; purchase, repair and cleaning of uniforms; and
    reimbursement to the General Services Administration for security
    guard services. From these appropriations, transfers of sums may on
    and after October 2, 1992, be made to other agencies of the United
    States Government for the performance of work for which this
    appropriation is made. None of the funds made available to the
    Department of Energy under this Act or subsequent Energy and Water
    Development Appropriations Acts shall be used to implement or
    finance authorized price support or loan guarantee programs unless
    specific provision is made for such programs in an appropriation
    Act. The Secretary is authorized on and after October 2, 1992, to
    accept lands, buildings, equipment, and other contributions from
    public and private sources and to prosecute projects in cooperation
    with other agencies, Federal, State, private, or foreign.

-SOURCE-
    (Pub. L. 102-377, title III, Sec. 301, Oct. 2, 1992, 106 Stat.
    1338.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This title, referred to in text, is title III of Pub. L. 102-377,
    Oct. 2, 1992, 106 Stat. 1332. For complete classification of title
    III to Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Energy and Water Development
    Appropriations Act, 1993, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND
           CONFORMING PROVISIONS                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
     SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS 

-End-

-CITE-
    42 USC Sec. 7291                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7291. Transfer and allocations of appropriations and personnel

-STATUTE-
      (a) Except as otherwise provided in this chapter, the personnel
    employed in connection with, and the assets, liabilities,
    contracts, property, records, and unexpended balance of
    appropriations authorizations, allocations, and other funds
    employed, held, used, arising from, available to or to be made
    available in connection with the functions transferred by this
    chapter, subject to section 1531 of title 31, are hereby
    transferred to the Secretary for appropriate allocation. Unexpended
    funds transferred pursuant to this subsection shall only be used
    for the purposes for which the funds were originally authorized and
    appropriated.
      (b) Positions expressly specified by statute or reorganization
    plan to carry out function transferred by this chapter personnel
    occupying those positions on October 1, 1977, and personnel
    authorized to receive compensation in such positions at the rate
    prescribed for offices and positions at level I, II, III, IV, or V
    of the executive schedule (5 U.S.C. 5312-5316) on October 1, 1977,
    shall be subject to the provisions of section 7293 of this title.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 701, Aug. 4, 1977, 91 Stat. 605.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat.
    565, as amended, 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.

-COD-
                               CODIFICATION                           
      In subsec. (a), "section 1531 of title 31" substituted for
    "section 202 of the Budget and Accounting Procedures Act of 1950
    [31 U.S.C. 581c]" on authority of Pub. L. 97-258, Sec. 4(b), Sept.
    13, 1982, 96 Stat. 1067, the first section of which enacted Title
    31, Money and Finance.

-End-

-CITE-
    42 USC Sec. 7292                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7292. Effect on personnel

-STATUTE-
    (a) Full-time and part-time personnel holding permanent positions
      Except as otherwise provided in this chapter, the transfer
    pursuant to this subchapter of full-time personnel (except special
    Government employees) and part-time personnel holding permanent
    positions pursuant to this subchapter shall not cause any such
    employee to be separated or reduced in grade or compensation for
    one year after August 4, 1977, except that full-time temporary
    personnel employed at the Energy Research Centers of the Energy
    Research and Development Administration upon the establishment of
    the Department who are determined by the Department to be
    performing continuing functions may at the employee's option be
    converted to permanent full-time status within one hundred and
    twenty days following their transfer to the Department. The
    employment levels of full-time permanent personnel authorized for
    the Department by other law or administrative action shall be
    increased by the number of employees who exercise the option to be
    so converted.
    (b) Person who held position compensated in accordance with chapter
      53 of title 5
      Any person who, on October 1, 1977, held a position compensated
    in accordance with the Executive Schedule prescribed in chapter 53
    of title 5, and who, without a break in service, is appointed in
    the Department to a position having duties comparable to those
    performed immediately preceding his appointment shall continue to
    be compensated in his new position at not less than the rate
    provided for his previous position, for the duration of his service
    in the new position.
    (c) Employees holding reemployment rights acquired under section
      786 of title 15
      Employees transferred to the Department holding reemployment
    rights acquired under section 786 of title 15 (!1) or any other
    provision of law or regulation may exercise such rights only within
    one hundred twenty days from October 1, 1977, or within two years
    of acquiring such rights, whichever is later. Reemployment rights
    may only be exercised at the request of the employee.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 702, Aug. 4, 1977, 91 Stat. 605.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as
    amended, 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.
      This subchapter, referred to in subsec. (a), was in the original
    "this title" meaning title VII of Pub. L. 95-91, Aug. 4, 1977, 91
    Stat. 605, which enacted this subchapter and section 916 of Title
    7, Agriculture, amended sections 6833 and 6839 of this title,
    section 19 of Title 3, The President, sections 101, 5108, and 5312
    to 5316 of Title 5, Government Organization and Employees, section
    1701z-8 of Title 12, Banks and Banking, and sections 766, 790a, and
    790d of Title 15, Commerce and Trade, repealed sections 2036 and
    5818 of this title and sections 763, 768 and 786 of Title 15,
    enacted provisions set out as a note under 2201 of this title, and
    repealed provisions set out as a note under section 761 of Title
    15. For complete classification of this Act to the Code, see Short
    Title note set out under section 7101 of this title and Tables.
      Section 786 of title 15, referred to in subsec. (c), was repealed
    by Pub. L. 95-91, title VII, Sec. 709(a)(1), Aug. 4, 1977, 91 Stat.
    607.

-EXEC-
     EX. ORD. NO. 12026. REINSTATEMENT RIGHTS OF CERTAIN EMPLOYEES OF
                           DEPARTMENT OF ENERGY
      Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849, provided:
      By virtue of the authority vested in me by Sections 3301 and 3302
    of Title 5 of the United States Code, and as President of the
    United States of America, the service of an employee of the Atomic
    Energy Commission or of the Energy Research and Development
    Administration pursuant to a Regular or Regular (Conditional)
    appointment, other than such service in an attorney position, who
    was transferred to the Department of Energy pursuant to the
    Department of Energy Organization Act (91 Stat. 565; 42 U.S.C. 7101
    et seq.) shall be considered as Career or Career-Conditional
    service, respectively, for purposes of eligibility for
    reinstatement in the competitive Civil Service.
                                                           Jimmy Carter.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7293                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7293. Agency terminations

-STATUTE-
      Except as otherwise provided in this chapter, whenever all of the
    functions vested by law in any agency, commission, or other body,
    or any component thereof, have been terminated or transferred from
    that agency, commission, or other body, or component by this
    chapter, the agency, commission, or other body, or component, shall
    terminate. If an agency, commission, or other body, or any
    component thereof, terminates pursuant to the preceding sentence,
    each position and office therein which was expressly authorized by
    law, or the incumbent of which was authorized to receive
    compensation at the rates prescribed for an office or position at
    level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313-
    5316), shall terminate.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 703, Aug. 4, 1977, 91 Stat. 606.)

-End-

-CITE-
    42 USC Sec. 7294                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7294. Incidental transfers

-STATUTE-
      The Director of the Office of Management and Budget, in
    consultation with the Secretary and the Commission, is authorized
    and directed to make such determinations as may be necessary with
    regard to the transfer of functions which relate to or are utilized
    by an agency, commission or other body, or component thereof
    affected by this chapter, to make such additional incidental
    dispositions of personnel, assets, liabilities, contracts,
    property, records, and unexpended balances of appropriations,
    authorizations, allocations, and other funds held, used, arising
    from, available to or to be made available in connection with the
    functions transferred by this chapter, as he may deem necessary to
    accomplish the purposes of this chapter.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 704, Aug. 4, 1977, 91 Stat. 606.)

-End-

-CITE-
    42 USC Sec. 7295                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7295. Savings provisions

-STATUTE-
    (a) Orders, determinations, rules, etc., in effect prior to
      effective date of this chapter
      All orders, determinations, rules, regulations, permits,
    contracts, certificates, licenses, and privileges - 
        (1) which have been issued, made, granted, or allowed to become
      effective by the President, any Federal department or agency or
      official thereof, or by a court of competent jurisdiction, in the
      performance of functions which are transferred under this chapter
      to the Department or the Commission after August 4, 1977, and
        (2) which are in effect on October 1, 1977,

    shall continue in effect according to their terms until modified,
    terminated, superseded, set aside, or revoked in accordance with
    law by the President, the Secretary, the Federal Energy Regulatory
    Commission, or other authorized officials, a court of competent
    jurisdiction, or by operation of law.
    (b) Proceedings or applications for licenses, permits, etc.,
      pending at effective date of this chapter; regulations
      (1) The provisions of this chapter shall not affect any
    proceedings or any application for any license, permit,
    certificate, or financial assistance pending on October 1, 1977,
    before any department, agency, commission, or component thereof,
    functions of which are transferred by this chapter; but such
    proceedings and applications, to the extent that they relate to
    functions so transferred, shall be continued. Orders shall be
    issued in such proceedings, appeals shall be taken therefrom, and
    payments shall be made pursuant to such orders, as if this chapter
    had not been enacted; and orders issued in any such proceedings
    shall continue in effect until modified, terminated, superseded, or
    revoked by a duly authorized official, by a court of competent
    jurisdiction, or by operation of law. Nothing in this subsection
    shall be deemed to prohibit the discontinuance or modification of
    any such proceeding under the same terms and conditions and to the
    same extent that such proceeding could have been discontinued or
    modified if this chapter had not been enacted.
      (2) The Secretary and the Commission are authorized to promulgate
    regulations providing for the orderly transfer of such proceedings
    to the Department or the Commission.
    (c) Suits commenced prior to effective date of this chapter
      Except as provided in subsection (e) of this section - 
        (1) the provisions of this chapter shall not affect suits
      commenced prior to October 1, 1977, and
        (2) in all such suits, proceedings shall be had, appeals taken,
      and judgments rendered in the same manner and effect as if this
      chapter had not been enacted.
    (d) Suits, actions, etc., commenced by or against any officer or
      agency or cause of action by or against any department or agency
      No suit, action, or other proceeding commenced by or against any
    officer in his official capacity as an officer of any department or
    agency, functions of which are transferred by this chapter, shall
    abate by reason of the enactment of this chapter. No cause of
    action by or against any department or agency, functions of which
    are transferred by this chapter, or by or against any officer
    thereof in his official capacity shall abate by reason of the
    enactment of this chapter.
    (e) Suits with officers, departments, or agencies as parties
      If, before October 1, 1977, any department or agency, or officer
    thereof in his official capacity, is a party to a suit, and under
    this chapter any function of such department, agency, or officer is
    transferred to the Secretary or any other official, then such suit
    shall be continued with the Secretary or other official, as the
    case may be, substituted.

-SOURCE-
    (Pub. L. 95-91, title VIII, Sec. 705, Aug. 4, 1977, 91 Stat. 606.)

-End-

-CITE-
    42 USC Sec. 7296                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7296. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstance is held invalid, neither the remainder
    of this chapter nor the application of such provision to other
    persons or circumstances shall be affected thereby.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 706, Aug. 4, 1977, 91 Stat. 607.)

-End-

-CITE-
    42 USC Sec. 7297                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7297. Cross references

-STATUTE-
      With respect to any functions transferred by this chapter and
    exercised after October 1, 1977, reference in any other Federal law
    to any department, commission, or agency or any officer or office
    the functions of which are so transferred shall be deemed to refer
    to the Secretary, the Federal Energy Regulatory Commission, or
    other official or component of the Department in which this chapter
    vests such functions.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 707, Aug. 4, 1977, 91 Stat. 607.)

-End-

-CITE-
    42 USC Sec. 7298                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7298. Presidential authority

-STATUTE-
      Except as provided in subchapter IV of this chapter, nothing
    contained in this chapter shall be construed to limit, curtail,
    abolish, or terminate any function of, or authority available to,
    the President which he had immediately before October 1, 1977; or
    to limit, curtail, abolish, or terminate his authority to delegate,
    redelegate, or terminate any delegation of functions.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 708, Aug. 4, 1977, 91 Stat. 607.)

-End-

-CITE-
    42 USC Sec. 7299                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7299. Transition

-STATUTE-
      With the consent of the appropriate department or agency head
    concerned, the Secretary is authorized to utilize the services of
    such officers, employees, and other personnel of the departments
    and agencies from which functions have been transferred to the
    Secretary for such period of time as may reasonably be needed to
    facilitate the orderly transfer of functions under this chapter.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 711, Aug. 4, 1977, 91 Stat. 609.)

-End-

-CITE-
    42 USC Sec. 7300                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7300. Report to Congress; effect on personnel

-STATUTE-
      The Civil Service Commission shall, as soon as practicable but
    not later than one year after October 1, 1977, prepare and transmit
    to the Congress a report on the effects on employees of the
    reorganization under this chapter which shall include - 
        (1) an identification of any position within the Department or
      elsewhere in the executive branch, which it considers unnecessary
      due to consolidation of functions under this chapter;
        (2) a statement of the number of employees entitled to pay
      savings by reason of the reorganization under this chapter;
        (3) a statement of the number of employees who are voluntarily
      or involuntarily separated by reason of such reorganization;
        (4) an estimate of the personnel costs associated with such
      reorganization;
        (5) the effects of such reorganization on labor management
      relations; and
        (6) such legislative and administrative recommendations for
      improvements in personnel management within the Department as the
      Commission considers necessary.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 712, Aug. 4, 1977, 91 Stat. 609.)

-TRANS-
                           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, Sec. 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.

-End-

-CITE-
    42 USC Sec. 7301                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VII - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

-HEAD-
    Sec. 7301. Environmental impact statements

-STATUTE-
      The transfer of functions under subchapters III and IV of this
    chapter shall not affect the validity of any draft environmental
    impact statement published before October 1, 1977.

-SOURCE-
    (Pub. L. 95-91, title VII, Sec. 713, Aug. 4, 1977, 91 Stat. 610.)

-End-

-CITE-
    42 USC SUBCHAPTER VIII - ENERGY PLANNING                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VIII - ENERGY PLANNING

-HEAD-
                     SUBCHAPTER VIII - ENERGY PLANNING                 

-End-

-CITE-
    42 USC Sec. 7321                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VIII - ENERGY PLANNING

-HEAD-
    Sec. 7321. National Energy Policy Plan

-STATUTE-
    (a) Preparation by President and submission to Congress;
      formulation and review
      The President shall - 
        (1) prepare and submit to the Congress a proposed National
      Energy Policy Plan (hereinafter in this subchapter referred to as
      a "proposed Plan") as provided in subsection (b) of this section;
        (2) seek the active participation by regional, State, and local
      agencies and instrumentalities 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 formulation
      and review of such proposed Plan;
        (3) include within the proposed Plan a comprehensive 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 satisfy projected energy needs of the United States
      to meet the requirements of the general 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, energy security, economic growth,
      environmental protection, nuclear non-proliferation, special
      regional needs, and the efficient utilization of public and
      private resources;
        (2) identify the strategies that should be followed and the
      resources that should be committed to achieve such objectives,
      forecasting the level of production and investment necessary in
      each of the significant energy supply sectors and the level of
      conservation and investment necessary in each consuming sector,
      and outlining the appropriate policies and actions of the Federal
      Government that will maximize the private production and
      investment necessary in each of the significant energy supply
      sectors consistent with applicable Federal, State, and local
      environmental laws, standards, and requirements; and
        (3) recommend legislative and administrative actions necessary
      and desirable to achieve the objectives of such proposed Plan,
      including legislative recommendations with respect to taxes or
      tax incentives, Federal funding, regulatory actions, antitrust
      policy, foreign policy, 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 include - 
        (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 energy 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 Nation;
        (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 environmental quality, including
      recommendations for developing technologies to accomplish such
      purposes; and
        (5) a review and appraisal of the adequacy and appropriateness
      of technologies, procedures, and practices (including competitive
      and regulatory practices) employed by Federal, State, and local
      governments and nongovernmental entities to achieve the purposes
      of the Plan.
    (d) Consultation with consumers, small businesses, etc.
      The President shall insure that consumers, small businesses, and
    a wide range of other interests, including those of individual
    citizens who have no financial interest in the energy industry, are
    consulted in the development of the Plan.

-SOURCE-
    (Pub. L. 95-91, title VIII, Sec. 801, Aug. 4, 1977, 91 Stat. 610.)

-End-

-CITE-
    42 USC Sec. 7322                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER VIII - ENERGY PLANNING

-HEAD-
    Sec. 7322. Congressional review

-STATUTE-
      (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 proposed Plan and, if it
    deems appropriate and necessary, report to the Senate or the House
    of Representatives legislation regarding such Plan which may
    contain such alternatives to, modifications of, or additions to the
    proposed Plan submitted by the President as the committee deems
    appropriate.

-SOURCE-
    (Pub. L. 95-91, title VIII, Sec. 802, Aug. 4, 1977, 91 Stat. 611.)

-End-

-CITE-
    42 USC SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM
           APPOINTMENTS                                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM APPOINTMENTS

-HEAD-
          SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM APPOINTMENTS      

-End-

-CITE-
    42 USC Sec. 7341                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM APPOINTMENTS

-HEAD-
    Sec. 7341. Effective date

-STATUTE-
      The provisions of this chapter shall take effect one hundred and
    twenty days after the Secretary 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 provided 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 pursuant to section 7295(b)(2) of this title
    at any time after August 4, 1977. Funds available to any department
    or agency (or any official or component 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 officer appointed pursuant to this subsection until such
    time as funds for that purpose are otherwise available.

-SOURCE-
    (Pub. L. 95-91, title IX, Sec. 901, Aug. 4, 1977, 91 Stat. 612.)

-REFTEXT-
                            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, as
    amended, 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.

-EXEC-
                         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.

-End-

-CITE-
    42 USC Sec. 7342                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER IX - EFFECTIVE DATE AND INTERIM APPOINTMENTS

-HEAD-
    Sec. 7342. Interim appointments

-STATUTE-
      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
    President may designate any officer, whose appointment 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 offices in
    which they act.

-SOURCE-
    (Pub. L. 95-91, title IX, Sec. 902, Aug. 4, 1977, 91 Stat. 612.)

-End-

-CITE-
    42 USC SUBCHAPTER X - SUNSET PROVISIONS                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER X - SUNSET PROVISIONS

-HEAD-
                     SUBCHAPTER X - SUNSET PROVISIONS                 

-End-

-CITE-
    42 USC Sec. 7351                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER X - SUNSET PROVISIONS

-HEAD-
    Sec. 7351. Submission of comprehensive review

-STATUTE-
      Not later than January 15, 1982, the President shall prepare and
    submit to the Congress a comprehensive review of each program of
    the Department. Each such review shall be made available to the
    committee or committees of the Senate and House of Representatives
    having jurisdiction 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.

-SOURCE-
    (Pub. L. 95-91, title X, Sec. 1001, Aug. 4, 1977, 91 Stat. 612.)

-End-

-CITE-
    42 USC Sec. 7352                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER X - SUNSET PROVISIONS

-HEAD-
    Sec. 7352. Contents of review

-STATUTE-
      Each comprehensive review prepared for submission under section
    7351 of this title shall include - 
        (1) the name of the component of the Department responsible for
      administering the program;
        (2) an identification of the objectives intended for the
      program and the problem or need which the program was intended to
      address;
        (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 integrates 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 performance, impact, or accomplishments of the program and
      of the problem or need which it was intended to address, and
      employing the procedures or methods of analysis appropriate to
      the type or character of the program;
        (7) a statement of the performance and accomplishments 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 program;
        (9) an assessment of the effect of the program on the national
      economy, including, but not limited to, the effects on
      competition, economic stability, employment, unemployment,
      productivity, and price inflation, including costs to consumers
      and to businesses;
        (10) an assessment of the impact of the program on the Nation's
      health and safety;
        (11) an assessment of the degree to which the overall
      administration of the program, as expressed in the rules,
      regulations, orders, standards, criteria, and decisions of the
      officers executing 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 transitional requirements in
      the event that funding for such program is discontinued,
      including proposals for such executives or legislative action as
      may be necessary to prevent such discontinuation from being
      unduly disruptive.

-SOURCE-
    (Pub. L. 95-91, title X, Sec. 1002, Aug. 4, 1977, 91 Stat. 612.)

-End-

-CITE-
    42 USC SUBCHAPTER XI - ENERGY TARGETS                       01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XI - ENERGY TARGETS

-HEAD-
                      SUBCHAPTER XI - ENERGY TARGETS                  

-End-

-CITE-
    42 USC Secs. 7361 to 7364                                   01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XI - ENERGY TARGETS

-HEAD-
    Secs. 7361 to 7364. Repealed. Pub. L. 102-486, title XVI, Sec.
      1606, Oct. 24, 1992, 106 Stat. 3003

-MISC1-
      Section 7361, Pub. L. 96-294, title III, Sec. 301, June 30, 1980,
    94 Stat. 712, related to preparation of energy targets.
      Section 7362, Pub. L. 96-294, title III, Sec. 302, June 30, 1980,
    94 Stat. 712, related to congressional consideration.
      Section 7363, Pub. L. 96-294, title III, Sec. 303, June 30, 1980,
    94 Stat. 714, set out energy target form and definitions.
      Section 7364, Pub. L. 96-294, title III, Sec. 304, June 30, 1980,
    94 Stat. 715, set out general provisions regarding targets.

-End-

-CITE-
    42 USC SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

-HEAD-
               SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES           

-COD-
                               CODIFICATION                           
      This subchapter was enacted as part of title IV of the Energy
    Security Act, which title is known as the Renewable Energy
    Resources Act of 1980, and not as part of the Department of Energy
    Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7371                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

-HEAD-
    Sec. 7371. Statement of purpose

-STATUTE-
      The purpose of this subchapter is to establish incentives for the
    use of renewable energy resources, to improve and coordinate the
    dissemination of information to the public with respect to
    renewable energy resources, to encourage the use of certain cost
    effective solar energy systems and conservation measures by the
    Federal Government, to establish a program for the promotion of
    local energy self-sufficiency, to broaden 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.

-SOURCE-
    (Pub. L. 96-294, title IV, Sec. 402, June 30, 1980, 94 Stat. 715.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title IV of Pub. L. 96-294, June 30, 1980, 94 Stat.
    715, known as the Renewable Energy Resources Act of 1980. For
    complete classification of title IV to the Code, see Short Title
    note set out below and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 401 of title IV Pub. L. 96-294 provided that: "This title
    [enacting this subchapter, amending sections 8255, 8271, and 8274
    to 8276 of this title and sections 2705 and 2708 of Title 16,
    Conservation, and enacting a provision set out as a note under
    section 2701 of Title 16] may be cited as the 'Renewable Energy
    Resources Act of 1980'."

-End-

-CITE-
    42 USC Sec. 7372                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

-HEAD-
    Sec. 7372. "Secretary" and "renewable energy resource" defined

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "Secretary" means the Secretary of Energy; and
        (2) the term "renewable energy resource" means any energy
      resource which has recently originated in the sun, including
      direct and indirect solar radiation and intermediate solar energy
      forms such as wind, ocean thermal gradients, ocean currents and
      waves, hydropower, photovoltaic energy, products of
      photosynthetic processes, organic wastes, and others.

-SOURCE-
    (Pub. L. 96-294, title IV, Sec. 403, June 30, 1980, 94 Stat. 716.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    title", meaning title IV of Pub. L. 96-294, June 30, 1980, 94 Stat.
    715, known as the Renewable Energy Resources Act of 1980, which
    enacted this subchapter, amended sections 8255, 8271, and 8274 to
    8276 of this title and sections 2705 and 2708 of Title 16,
    Conservation, and enacted a provision set out as a note under
    section 2701 of Title 16. For complete classification of title IV
    to the Code, see Short Title note set out under section 7371 of
    this title and Tables.

-End-

-CITE-
    42 USC Sec. 7373                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

-HEAD-
    Sec. 7373. Coordinated dissemination of information on renewable
      energy resources and conservation

-STATUTE-
      In order to improve the effectiveness of Federal information
    dissemination activities in the fields of renewable energy
    resources and energy conservation with the objective of developing
    and promoting better public understanding of these resources and
    their potential uses, the Secretary shall - 
        (1) take affirmative steps to coordinate all of the activities
      of the Department of Energy, whether conducted by the Department
      itself or by other public or private entities with assistance
      from the Department, which are aimed at or involve the
      dissemination of information with respect to renewable energy
      resources or energy conservation, and
        (2) report annually to the Congress on the status of such
      activities, including a description of how the information
      dissemination activities and services of the Department of Energy
      in the fields of renewable energy resources and energy
      conservation are being coordinated with similar or related
      activities and services of other Federal agencies.

-SOURCE-
    (Pub. L. 96-294, title IV, Sec. 404, June 30, 1980, 94 Stat. 716.)

-MISC1-
                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in par. (2) of this section, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and the 18th item on page 87 of House Document No. 103-
    7.

-End-

-CITE-
    42 USC Sec. 7374                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

-HEAD-
    Sec. 7374. Energy self-sufficiency initiatives

-STATUTE-
    (a) Establishment of 3-year pilot program
      There is hereby established under the direction of the Secretary
    a 3-year pilot energy self-sufficiency program to demonstrate
    energy self-sufficiency through the use of renewable energy
    resources in one or more States in the United States.
    (b) Establishment of subprograms to pilot programs; scope of
      subprograms
      As a part of the pilot program, the Secretary shall establish
    such subprograms as the Secretary determines are necessary to
    achieve the purpose of this section, including subprograms - 
        (1) to promote the development and utilization of synergistic
      combinations of different renewable energy resources in specific
      projects aimed at reducing fossil fuel importation;
        (2) to initiate and encourage energy self-sufficiency at
      appropriate levels of government;
        (3) to stimulate private industry participation in the
      realization of the objective stated in subsection (a) of this
      section; and
        (4) to stimulate the utilization of abandoned or underutilized
      industrial facilities for the generation of energy from any
      locally available renewable resource, such as municipal solid
      waste, agricultural waste, or forest products waste.
    (c) Implementation of subprograms; preparation of plan of program
      and additional Federal actions
      In carrying out the provisions of this section, the Secretary is
    authorized to assign to an existing office in the Department of
    Energy the responsibility of undertaking and carrying out the
    subprograms established under subsection (b) of this section. In
    addition, the Secretary shall prepare a detailed plan within one
    hundred eighty days of June 30, 1980, setting forth (1) the 3-year
    pilot program itself, and (2) any additional Federal actions needed
    to encourage and promote the adoption of programs for energy self-
    sufficiency.
    (d) Submission of plan and implementation report to Congress
      The Secretary shall submit to the Congress, within one year after
    June 30, 1980, the plan prepared under the second sentence of
    subsection (c) of this section along with a report suggesting the
    legislative initiatives needed to fully implement such plan.

-SOURCE-
    (Pub. L. 96-294, title IV, Sec. 406, June 30, 1980, 94 Stat. 716.)

-End-

-CITE-
    42 USC Sec. 7375                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XII - RENEWABLE ENERGY INITIATIVES

-HEAD-
    Sec. 7375. Authorization of appropriations

-STATUTE-
      (a) There is authorized to be appropriated for each of the fiscal
    years 1981 and 1982 not to exceed $10,000,000 for loans under
    section 402 of the Public Utility Regulatory Policies Act of 1978
    [16 U.S.C. 2702], in addition to any amounts authorized for such
    loans by that Act; and the amounts appropriated pursuant to this
    subsection shall remain available until expended.
      (b) There is authorized to be appropriated for each of the fiscal
    years 1981 and 1982 not to exceed $100,000,000 for loans under
    section 403 of the Public Utility Regulatory Policies Act of 1978
    [16 U.S.C. 2703]; and the amounts appropriated pursuant to this
    subsection shall remain available until expended.
      (c) There is authorized to be appropriated for the fiscal year
    1981 not to exceed $10,000,000 to carry out section 7374 of this
    title (relating to energy self-sufficiency initiatives).

-SOURCE-
    (Pub. L. 96-294, title IV, Sec. 409, June 30, 1980, 94 Stat. 719.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      That Act, referred to in subsec. (a), is Pub. L. 95-617, Nov. 9,
    1978, 92 Stat. 3117, as amended, known as the Public Utility
    Regulatory Policies Act of 1978. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2601 of Title 16, Conservation, and Tables.

-End-

-CITE-
    42 USC SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE
           EDUCATION PROGRAMS                              01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
     SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS 

-COD-
                               CODIFICATION                           
      This subchapter was enacted as part of part E (Secs. 3161-3168)
    of title XXXI of div. C of the National Defense Authorization Act
    for Fiscal Year 1991, known as the Department of Energy Science
    Education Enhancement Act, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7381                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381. Findings and purposes

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) Scientific, technical, and engineering competence is
      essential to the Nation's future well-being.
        (2) The scientific, technical, and engineering capability at
      the Federal laboratories is unmatched throughout the world.
        (3) Superb research, development, testing, and evaluation occur
      in Department of Energy research and development facilities.
        (4) Department of Energy research and development facilities
      will play an increasing role in assuring that the United States
      remains competitive in world markets.
        (5) Improvements in mathematics, science, and engineering
      education are needed desperately to provide the trained and
      educated citizenry essential to the future competitiveness of the
      United States.
        (6) The future health and vitality of the economy of the United
      States is predicated on the availability of an adequate supply of
      scientists, mathematicians, and engineers to provide for growing
      needs and to replenish the workforce.
        (7) United States college and university enrollment in science,
      mathematics, and engineering programs is sharply declining at
      undergraduate, graduate, and post-graduate levels.
        (8) The Federal Government is the largest United States
      employer of research scientists, mathematicians, and engineers,
      and the Department of Energy has a growing need for scientists,
      mathematicians, and engineers at a time when these enrollments
      are declining.
        (9) Women and minorities are grossly underrepresented in
      science and mathematics fields, and this group represents more
      than 80 percent of the projected increase in the national
      workforce through the year 2000.
    (b) Purposes
      The purposes of this subchapter are - 
        (1) to encourage the development and implementation of science,
      mathematics, and engineering education programs at the Department
      of Energy and at its research and development facilities as part
      of a national effort to improve science, mathematics, and
      engineering education; and
        (2) to provide more efficient coordination among science,
      mathematics, and engineering education programs.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3162, Nov. 5, 1990, 104
    Stat. 1840.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (b), was in the original
    "this part", meaning part E of title XXXI of div. C of Pub. L. 101-
    510, which is classified principally to this subchapter. For
    complete classification of part E to the Code, see Short Title note
    set out below and Tables.

-MISC1-
                                SHORT TITLE                            
      Section 3161 of Pub. L. 101-510 provided that: "This part [part E
    (Secs. 3161-3168) of title XXXI of div. C of Pub. L. 101-510,
    enacting this subchapter and amending section 7112 of this title]
    may be cited as the 'Department of Energy Science Education
    Enhancement Act'."

              UNIVERSITY-BASED RESEARCH COLLABORATION PROGRAM          
      Pub. L. 105-85, div. C, title XXXI, Sec. 3155, Nov. 18, 1997, 111
    Stat. 2044, which was formerly set out as a note under this
    section, was renumbered section 4814 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(k)(9)(A)-(C), Nov.
    24, 2003, 117 Stat. 1785, and is classified to section 2795 of
    Title 50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7381a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381a. Science education programs

-STATUTE-
    (a) Programs
      The Secretary is authorized to establish programs to enhance the
    quality of mathematics, science, and engineering education. Any
    such programs shall be operated at or through the support of
    Department research and development facilities, shall use the
    scientific resources of the Department, and shall be consistent
    with the overall Federal plan for education and human resources in
    science and technology developed by the Federal Coordinating
    Council for Science, Engineering, and Technology.
    (b) Relationship to other Department activities
      The programs described in subsection (a) of this section shall
    supplement and be coordinated with current activities of the
    Department, but shall not supplant them.
    (c) Science education enhancement fund
      The Secretary shall use not less than 0.3 percent of the amount
    made available to the Department for research, development,
    demonstration, and commercial application for fiscal year 2006 and
    each fiscal year thereafter to carry out activities authorized by
    this subchapter.
    (d) Programs for students from under-represented groups
      In carrying out a program under subsection (a) of this section,
    the Secretary shall give priority to activities that are designed
    to encourage students from under-represented groups to pursue
    scientific and technical careers.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3164, Nov. 5, 1990, 104
    Stat. 1841; Pub. L. 109-58, title XI, Secs. 1102(a), 1105(a), Aug.
    8, 2005, 119 Stat. 938, 939.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in subsec. (c), was in the original
    "this part", meaning part E of title XXXI of div. C of Pub. L. 101-
    510, which is classified principally to this subchapter. For
    complete classification of part E to the Code, see Short Title note
    set out under section 7381 of this title and Tables.

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (c). Pub. L. 109-58, Sec. 1102(a), added subsec.
    (c).
      Subsec. (d). Pub. L. 109-58, Sec. 1105(a), added subsec. (d).

-End-

-CITE-
    42 USC Sec. 7381b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381b. Laboratory cooperative science centers and other
      authorized education activities

-STATUTE-
    (a) Activities
      The Secretary is authorized to:
        (1) Support research appointments for college and university
      science and engineering students, and for faculty-student teams,
      at Department research and development facilities.
        (2) Support research appointments for high school science
      teachers at Department research and development facilities.
        (3) Support research apprenticeship appointments at Department
      research and development facilities for students underrepresented
      in science and technology careers.
        (4) Support research experience programs at Department research
      and development facilities for nationally selected high school
      honor students.
        (5) Operate mathematics and science education programs for
      elementary and secondary students at Department research and
      development facilities.
        (6) Establish a museum-based science education program.
        (7) Establish collaborative inner-city and rural partnership
      programs designed to meet the special mathematics and science
      education needs of students in inner-city and rural areas.
        (8) Provide paid administrative leave for employees of the
      Department or Department research and development facilities who
      volunteer to interact with schools, colleges, universities,
      teachers, or students for the purpose of science, mathematics,
      and engineering education.
        (9) Establish a talent pool of volunteer scientists,
      mathematicians, and engineers who have retired from the
      Department or Department research and development facilities to
      serve at schools and school districts for the purpose of (A)
      assisting teachers, with activities such as experiments,
      lectures, or the preparation of materials; (B) serving as
      counselors to students on science, mathematics, and engineering;
      and (C) otherwise assisting science, mathematics, and engineering
      classes. The Secretary, acting through Department research and
      development facilities, shall, wherever possible, identify and
      match schools and school districts with retired scientists,
      mathematicians, and engineers.
        (10) Establish a Young Americans' Summer Science Camp Program
      to provide secondary school students with a hands-on science
      experience as well as exposure to working scientists and career
      counseling.
        (11) Establish a program for mathematics and science teachers
      to provide teachers serving large numbers of disadvantaged
      students with new strategies for mathematics and science
      instruction.
        (12) Support graduate students and, through university-based
      cooperative programs, undergraduate students for the purpose of
      encouraging more students to pursue scientific and technical
      careers, with a particular focus on the recruitment of women and
      minority students.
        (13) Establish a prefreshman enrichment program in which middle-
      school students attend summer workshops on mathematics, science,
      and engineering conducted by universities on their campuses.
        (14) Support competitive events for students under the
      supervision of teachers, designed to encourage student interest
      and knowledge in science and mathematics.
        (15) Support competitively-awarded, peer-reviewed programs to
      promote professional development for mathematics teachers and
      science teachers who teach in grades from kindergarten through
      grade 12 at Department research and development facilities.
        (16) Support summer internships at Department research and
      development facilities, for mathematics teachers and science
      teachers who teach in grades from kindergarten through grade 12.
        (17) Sponsor and assist in educational and training activities
      identified as critical skills needs for future workforce
      development at Department research and development facilities.
    (b) Use of facilities
      Any of the activities authorized by subsection (a) of this
    section may be conducted through Department research and
    development facilities. The Secretary may designate facilities
    conducting such education activities as "Laboratory Cooperative
    Science Centers".
    (c) Funding
      The Secretary is authorized to accept non-Federal funds to
    finance education activities described in subsection (a) of this
    section.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3165, Nov. 5, 1990, 104
    Stat. 1841; Pub. L. 102-25, title VII, Sec. 704(d), Apr. 6, 1991,
    105 Stat. 120; Pub. L. 109-58, title XI, Sec. 1102(b), Aug. 8,
    2005, 119 Stat. 938.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (a)(14) to (17). Pub. L. 109-58, which directed
    amendment of this section by adding pars. (14) to (17) at the end,
    was executed by making the addition at the end of subsec. (a), to
    reflect the probable intent of Congress.
      1991 - Subsec. (a). Pub. L. 102-25, Sec. 704(d)(1), redesignated
    subpars. (J) to (M) as pars. (10) to (13), respectively.
      Subsec. (b). Pub. L. 102-25, Sec. 704(d)(2), inserted "such"
    before "education activities" in second sentence.

                     EFFECTIVE DATE OF 1991 AMENDMENT                 
      Amendment by Pub. L. 102-25 applicable as if included in
    enactment of Pub. L. 101-510, see section 704(e) of Pub. L. 102-25,
    set out as a note under section 12321 of Title 10, Armed Forces.

-End-

-CITE-
    42 USC Sec. 7381c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381c. Education partnerships

-STATUTE-
    (a) Education partnerships
      The Secretary may authorize each Department research and
    development facility, to the extent practicable and consistent with
    the provisions of the laboratory's management and operating
    contract, to enter into education partnership agreements with
    educational institutions in the United States (including local
    educational agencies, colleges, and universities) for the purpose
    of encouraging and enhancing study in scientific disciplines at all
    levels of education.
    (b) Types of assistance
      Under a partnership agreement entered into with an educational
    institution under subsection (a) of this section and as authorized
    by the Secretary, a Department research and development facility
    may provide assistance to the educational institution by - 
        (1) loaning or transferring equipment to the institution;
        (2) transferring to the institution equipment determined by the
      director of the Department research and development facility to
      be surplus;
        (3) making personnel of Department research and development
      facilities available to teach science courses or to assist in the
      development of science courses and materials for the institution;
        (4) involving faculty and students of the institution in
      research programs of Department research and development
      facilities;
        (5) cooperating with the institution in developing a program
      under which students may be given academic credit for work on
      research projects of Department research and development
      facilities;
        (6) providing academic and career advice and assistance to
      students of the institution; and
        (7) providing funds to educational institutions to hire
      personnel to facilitate interactions between local school
      systems, Department research and development facilities, and
      corporate and governmental entities.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3166, Nov. 5, 1990, 104
    Stat. 1843; Pub. L. 109-58, title XI, Sec. 1102(c), Aug. 8, 2005,
    119 Stat. 938.)

-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b)(1). Pub. L. 109-58, Sec. 1102(c)(1), added
    par. (1) and struck out former par. (1) which read as follows:
    "loaning equipment to the institution;".
      Subsec. (b)(7). Pub. L. 109-58, Sec. 1102(c)(2)-(4), added par.
    (7).

-End-

-CITE-
    42 USC Sec. 7381c-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381c-1. Partnerships with historically Black colleges and
      universities, Hispanic-serving institutions, and tribal colleges

-STATUTE-
    (a) Definitions
      In this section:
      (1) Hispanic-serving institution
        The term "Hispanic-serving institution" has the meaning given
      the term in section 1101a(a) of title 20.
      (2) Historically Black college or university
        The term "historically Black college or university" has the
      meaning given the term "part B institution" in section 1061 of
      title 20.
      (3) National Laboratory
        The term "National Laboratory" has the meaning given the term
      in section 15801 of this title.
      (4) Science facility
        The term "science facility" has the meaning given the term
      "single-purpose research facility" in section 16182 of this
      title.
      (5) Tribal college
        The term "tribal college" has the meaning given the term
      "tribally controlled college or university" in section 1801(a)
      (!1) of title 25.

    (b) Education partnership
      The Secretary shall require the director of each National
    Laboratory, and may require the head of any science facility, to
    increase the participation of historically Black colleges or
    universities, Hispanic-serving institutions, or tribal colleges in
    any activity that increases the capacity of the historically Black
    colleges or universities, Hispanic-serving institutions, or tribal
    colleges to train personnel in science or engineering.
    (c) Activities
      An activity described in subsection (b) of this section includes -
     
        (1) collaborative research;
        (2) equipment transfer;
        (3) training activities carried out at a National Laboratory or
      science facility; and
        (4) mentoring activities carried out at a National Laboratory
      or science facility.
    (d) Report
      Not later than 2 years after August 8, 2005, the Secretary shall
    submit to Congress a report describing the activities carried out
    under this section.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3167, as added Pub. L.
    109-58, title XI, Sec. 1105(b)(2), Aug. 8, 2005, 119 Stat. 940.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1801(a) of title 25, referred to in subsec. (a)(5), was
    in the original "section 2(a) of the Tribally Controlled College
    Assistance Act of 1978", and was translated as meaning section 2(a)
    of the Tribally Controlled College or University Assistance Act of
    1978 to reflect the probable intent of Congress.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3167 of Pub. L. 101-510 was renumbered section
    3168 and is classified to section 7381d of this title.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7381d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381d. Definitions

-STATUTE-
      In this subchapter:
        (1) The term "Secretary" means the Secretary of Energy.
        (2) The term "Department" means the Department of Energy.
        (3) The term "Department research and development facilities"
      means all Department of Energy single-purpose and multipurpose
      National Laboratories and research and development facilities and
      programs, and any other facility or program operated by a
      contractor funded by the Department of Energy.
        (4) The term "local educational agency" has the meaning given
      that term by section 2891(12) (!1) of title 20.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3168, formerly Sec.
    3167, Nov. 5, 1990, 104 Stat. 1843; Pub. L. 105-245, title III,
    Sec. 309(b)(2)(D), Oct. 7, 1998, 112 Stat. 1853; renumbered Sec.
    3168 and amended Pub. L. 109-58, title XI, Secs. 1102(d),
    1105(b)(1), Aug. 8, 2005, 119 Stat. 938, 939.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2891(12) of title 20, referred to in par. (4), was in the
    original "section 1471(12) of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 2891(12))", Pub. L. 89-10, and was
    omitted in the general amendment of that Act by Pub. L. 103-382,
    title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See section 7801
    of Title 20, Education.

-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3168 of Pub. L. 101-510 was renumbered section
    3169 and is classified to section 7381e of this title.

                                AMENDMENTS                            
      2005 - Par. (3). Pub. L. 109-58, Sec. 1102(d), substituted "by
    the Department of Energy" for "from the Office of Science of the
    Department of Energy".
      1998 - Par. (3). Pub. L. 105-245 substituted "Office of Science"
    for "Office of Energy Research".

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Sec. 7381e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIII - DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

-HEAD-
    Sec. 7381e. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Secretary for
    carrying out university research support and other science,
    mathematics, and engineering education programs authorized by this
    subchapter and administered by the Office of Science of the
    Department of Energy, $40,000,000 for fiscal year 1991.

-SOURCE-
    (Pub. L. 101-510, div. C, title XXXI, Sec. 3169, formerly Sec.
    3168, Nov. 5, 1990, 104 Stat. 1843; Pub. L. 105-245, title III,
    Sec. 309(b)(2)(D), Oct. 7, 1998, 112 Stat. 1853; renumbered Sec.
    3169, Pub. L. 109-58, title XI, Sec. 1105(b)(1), Aug. 8, 2005, 119
    Stat. 939.)

-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-245 substituted "Office of Science" for
    "Office of Energy Research".

-End-

-CITE-
    42 USC SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED
           EDUCATOR FELLOWSHIPS                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-COD-
                               CODIFICATION                           
      This subchapter was enacted as part A (Secs. 511-518) of title V
    of the Improving America's Schools Act of 1994, known as the Albert
    Einstein Distinguished Educator Fellowship Act of 1994, and not as
    part of the Department of Energy Organization Act which comprises
    this chapter.

-End-

-CITE-
    42 USC Sec. 7382                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382. Findings

-STATUTE-
      The Congress finds that - 
        (1) the Department of Energy has unique and extensive
      mathematics and science capabilities that contribute to
      mathematics and science education programs throughout the Nation;
        (2) a need exists to increase understanding, communication, and
      cooperation between the Congress, the Department of Energy, other
      Federal agencies, and the mathematics and science education
      community;
        (3) elementary and secondary school mathematics and science
      teachers can provide practical insight to the legislative and
      executive branches in establishing and operating education
      programs; and
        (4) a pilot program that placed elementary and secondary school
      mathematics and science teachers in professional staff positions
      in the Senate and the House of Representatives has proven
      successful and demonstrated the value of expanding the program.

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 512, Oct. 20, 1994, 108 Stat.
    4042.)

-MISC1-
                                SHORT TITLE                            
      Section 511 of Pub. L. 103-382 provided that: "This part [part A
    (Secs. 511-518) of title V of Pub. L. 103-382, enacting this
    subchapter] may be cited as the 'Albert Einstein Distinguished
    Educator Fellowship Act of 1994'."

-End-

-CITE-
    42 USC Sec. 7382a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382a. Purpose; designation

-STATUTE-
    (a) Purpose
      The purpose of this subchapter is to establish within the
    Department of Energy a national fellowship program for elementary
    and secondary school mathematics and science teachers.
    (b) Designation
      A recipient of a fellowship under this subchapter shall be known
    as an "Albert Einstein Fellow".

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 513, Oct. 20, 1994, 108 Stat.
    4042.)

-End-

-CITE-
    42 USC Sec. 7382b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382b. Definitions

-STATUTE-
      As used in this subchapter - 
        (1) the term "elementary school" has the meaning provided by
      section 7801 of title 20;
        (2) the term "local educational agency" has the meaning
      provided by section 7801 of title 20;
        (3) the term "secondary school" has the meaning provided by
      section 7801 of title 20;
        (4) the term "Secretary" means the Secretary of Energy.

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 514, Oct. 20, 1994, 108 Stat. 4042;
    Pub. L. 107-110, title X, Sec. 1076(bb), Jan. 8, 2002, 115 Stat.
    2093.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pars. (1) to (3). Pub. L. 107-110 substituted "7801" for
    "8801".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
    respect to certain noncompetitive programs and competitive
    programs, see section 5 of Pub. L. 107-110, set out as an Effective
    Date note under section 6301 of Title 20, Education.

-End-

-CITE-
    42 USC Sec. 7382c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382c. Fellowship Program

-STATUTE-
    (a) In general
      (1) Establishment
        The Secretary shall establish the Albert Einstein Distinguished
      Educator Fellowship Program (hereafter in this subchapter
      referred to as the "Program") to provide 12 elementary or
      secondary school mathematics or science teachers with fellowships
      in each fiscal year in accordance with this subchapter.
      (2) Order of priority
        The Secretary may reduce the number of fellowships awarded
      under this subchapter for any fiscal year in which the amount
      appropriated for the Program is insufficient to support 12
      fellowships. If the number of fellowships awarded under this
      subchapter is reduced for any fiscal year, then the Secretary
      shall award fellowships based on the following order of priority:
          (A) Three fellowships in the Department of Energy.
          (B) Two fellowships in the Senate.
          (C) Two fellowships in the House of Representatives.
          (D) One fellowship in each of the following entities:
            (i) The Department of Education.
            (ii) The National Institutes of Health.
            (iii) The National Science Foundation.
            (iv) The National Aeronautics and Space Administration.
            (v) The Office of Science and Technology Policy.
      (3) Terms of fellowships
        Each fellowship awarded under this subchapter shall be awarded
      for a period of ten months that, to the extent practicable,
      coincide with the academic year.
      (4) Eligibility
        To be eligible for a fellowship under this subchapter, an
      elementary or secondary school mathematics or science teacher
      must demonstrate - 
          (A) that such teacher would bring unique and valuable
        contributions to the Program;
          (B) that such teacher is recognized for excellence in
        mathematics or science education; and
          (C)(i) a sabbatical leave from teaching will be granted in
        order to participate in the Program; or
          (ii) the teacher will return to a teaching position
        comparable to the position held prior to participating in the
        Program.
    (b) Administration
      The Secretary shall - 
        (1) provide for the development and administration of an
      application and selection process for fellowships under the
      Program, including a process whereby final selections of
      fellowship recipients are made in accordance with subsection (c)
      of this section;
        (2) provide for the publication of information on the Program
      in appropriate professional publications, including an invitation
      for applications from teachers listed in the directories of
      national and State recognition programs;
        (3) select from the pool of applicants 12 elementary and
      secondary school mathematics teachers and 12 elementary and
      secondary school science teachers;
        (4) develop a program of orientation for fellowship recipients
      under this subchapter; and
        (5) not later than August 31 of each year in which fellowships
      are awarded, prepare and submit an annual report and evaluation
      of the Program to the appropriate Committees of the Senate and
      the House of Representatives.
    (c) Selection
      (1) In general
        The Secretary shall arrange for the 24 semifinalists to travel
      to Washington, D.C., to participate in interviews in accordance
      with the selection process described in paragraph (2).
      (2) Final selection
        (A) Not later than May 1 of each year preceding each year in
      which fellowships are to be awarded, the Secretary shall select
      and announce the names of the fellowship recipients.
        (B) The Secretary shall provide for the development and
      administration of a process to select fellowship recipients from
      the pool of semifinalists as follows:
          (i) The Secretary shall select three fellowship recipients
        who shall be assigned to the Department of Energy.
          (ii) The Majority Leader of the Senate and the Minority
        Leader of the Senate, or their designees, shall each select a
        fellowship recipient who shall be assigned to the Senate.
          (iii) The Speaker of the House of Representatives and the
        Minority Leader of the House of Representatives, or their
        designees, shall each select a fellowship recipient who shall
        be assigned to the House of Representatives.
          (iv) Each of the following individuals, or their designees,
        shall select one fellowship recipient who shall be assigned
        within the department, office, agency, or institute such
        individual administers:
            (I) The Secretary of Education.
            (II) The Director of the National Institutes of Health.
            (III) The Director of the National Science Foundation.
            (IV) The Administrator of the National Aeronautics and
          Space Administration.
            (V) The Director of the Office of Science and Technology
          Policy.

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 515, Oct. 20, 1994, 108 Stat.
    4042.)

-End-

-CITE-
    42 USC Sec. 7382d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382d. Fellowship awards

-STATUTE-
    (a) Fellowship recipient compensation
      Each recipient of a fellowship under this subchapter shall be
    paid during the fellowship period at a rate of pay that shall not
    exceed the minimum annual rate payable for a position under GS-13
    of the General Schedule.
    (b) Local educational agency
      The Secretary shall seek to ensure that no local educational
    agency penalizes a teacher who elects to participate in the
    Program.

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 516, Oct. 20, 1994, 108 Stat.
    4044.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The General Schedule, referred to in subsec. (a), is set out
    under section 5332 of Title 5, Government Organization and
    Employees.

-End-

-CITE-
    42 USC Sec. 7382e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382e. Waste management education research consortium (WERC)

-STATUTE-
    (a) (!1) In general

      The Secretary is authorized to establish a partnership of
    Department of Energy laboratories, academic institutions, and
    private sector industries to conduct environmentally-related
    education programs, including programs involving environmentally
    conscious manufacturing and waste management activities that have
    undergraduate and graduate educational training as a component.

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 517, Oct. 20, 1994, 108 Stat.
    4044.)

-FOOTNOTE-
    (!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-
    42 USC Sec. 7382f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XIV - ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

-HEAD-
    Sec. 7382f. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated for the Program $700,000
    for fiscal year 1995, and such sums as may be necessary for each of
    the four succeeding fiscal years.
    (b) WERC program
      There are authorized to be appropriated for the WERC program
    under section 7382e of this title such sums as may be necessary for
    fiscal year 1995 and each of the four succeeding fiscal years.

-SOURCE-
    (Pub. L. 103-382, title V, Sec. 518, Oct. 20, 1994, 108 Stat.
    4044.)

-End-

-CITE-
    42 USC SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS,
           SECURITY, AND COUNTERINTELLIGENCE               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
       SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                            COUNTERINTELLIGENCE

-COD-
                               CODIFICATION                           
      This subchapter was enacted as part of subtitle D (Secs. 3141-
    3156) of title XXXI of div. C of the National Defense
    Authorization Act for Fiscal Year 2000, known as the Department of
    Energy Facilities Safeguards, Security, and Counterintelligence
    Enhancement Act of 1999, and not as part of the Department of
    Energy Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7383                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
    Sec. 7383. Commission on Safeguards, Security, and
      Counterintelligence at Department of Energy Facilities

-STATUTE-
    (a) Establishment
      There is hereby established a commission to be known as the
    Commission on Safeguards, Security, and Counterintelligence at
    Department of Energy Facilities (in this section referred to as the
    "Commission").
    (b) Membership and organization
      (1) The Commission shall be composed of nine members appointed
    from among individuals in the public and private sectors who have
    significant experience in matters related to the security of
    nuclear weapons and materials, the classification of information,
    or counterintelligence matters, as follows:
        (A) Two shall be appointed by the chairman of the Committee on
      Armed Services of the Senate, in consultation with the ranking
      member of that Committee.
        (B) One shall be appointed by the ranking member of the
      Committee on Armed Services of the Senate, in consultation with
      the chairman of that Committee.
        (C) Two shall be appointed by the chairman of the Committee on
      Armed Services of the House of Representatives, in consultation
      with the ranking member of that Committee.
        (D) One shall be appointed by the ranking member of the
      Committee on Armed Services of the House of Representatives, in
      consultation with the chairman of that Committee.
        (E) One shall be appointed by the Secretary of Defense.
        (F) One shall be appointed by the Director of the Federal
      Bureau of Investigation.
        (G) One shall be appointed by the Director of Central
      Intelligence.

      (2) Members of the Commission shall be appointed for four year
    terms, except as follows:
        (A) One member initially appointed under paragraph (1)(A) shall
      serve a term of two years, to be designated at the time of
      appointment.
        (B) One member initially appointed under paragraph (1)(C) shall
      serve a term of two years, to be designated at the time of
      appointment.
        (C) The member initially appointed under paragraph (1)(E) shall
      serve a term of two years.

      (3) Any vacancy in the Commission shall be filled in the same
    manner as the original appointment and shall not affect the powers
    of the Commission.
      (4)(A) After five members of the Commission have been appointed
    under paragraph (1), the chairman of the Committee on Armed
    Services of the Senate, in consultation with the chairman of the
    Committee on Armed Services of the House of Representatives, shall
    designate the chairman of the Commission from among the members
    appointed under paragraph (1)(A).
      (B) The chairman of the Commission may be designated once five
    members of the Commission have been appointed under paragraph (1).
      (5) The initial members of the Commission shall be appointed not
    later than 60 days after October 5, 1999.
      (6) The members of the Commission shall establish procedures for
    the activities of the Commission, including procedures for calling
    meetings, requirements for quorums, and the manner of taking votes.
      (7) The Commission shall meet not less often than once every
    three months.
      (8) The Commission may commence its activities under this section
    upon the designation of the chairman of the Commission under
    paragraph (4).
    (c) Duties
      (1) The Commission shall, in accordance with this section, review
    the safeguards, security, and counterintelligence activities
    (including activities relating to information management, computer
    security, and personnel security) at Department of Energy
    facilities to - 
        (A) determine the adequacy of those activities to ensure the
      security of sensitive information, processes, and activities
      under the jurisdiction of the Department against threats to the
      disclosure of such information, processes, and activities; and
        (B) make recommendations for actions the Commission determines
      as being necessary to ensure that such security is achieved and
      maintained.

      (2) The activities of the Commission under paragraph (1) shall
    include the following:
        (A) An analysis of the sufficiency of the Design Threat Basis
      documents as a basis for the allocation of resources for
      safeguards, security, and counterintelligence activities at the
      Department facilities in light of applicable guidance with
      respect to such activities, including applicable laws, Department
      of Energy orders, Presidential Decision Directives, and Executive
      orders.
        (B) Visits to Department facilities to assess the adequacy of
      the safeguards, security, and counterintelligence activities at
      such facilities.
        (C) Evaluations of specific concerns set forth in Department
      reports regarding the status of safeguards, security, or
      counterintelligence activities at particular Department
      facilities or at facilities throughout the Department.
        (D) Reviews of relevant laws, Department orders, and other
      requirements relating to safeguards, security, and
      counterintelligence activities at Department facilities.
        (E) Any other activities relating to safeguards, security, and
      counterintelligence activities at Department facilities that the
      Secretary of Energy considers appropriate.
    (d) Reports
      (1) Not later than February 15 each year, the Commission shall
    submit to the Secretary of Energy and to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of the
    House of Representatives a report on the activities of the
    Commission during the preceding year. The report shall be submitted
    in unclassified form, but may include a classified annex.
      (2) Each report - 
        (A) shall describe the activities of the Commission during the
      year covered by the report;
        (B) shall set forth proposals for any changes in safeguards,
      security, or counterintelligence activities at Department of
      Energy facilities that the Commission considers appropriate in
      light of such activities; and
        (C) may include any other recommendations for legislation or
      administrative action that the Commission considers appropriate.
    (e) Personnel matters
      (1)(A) Each member of the Commission who is not an officer or
    employee of the Federal Government shall be compensated at a rate
    equal to the daily equivalent of the annual rate of basic pay
    prescribed for level V of the Executive Schedule under section 5316
    of title 5 for each day (including travel time) during which such
    member is engaged in the performance of the duties of the
    Commission.
      (B) All members of the Commission who are officers or employees
    of the United States shall serve without compensation by reason of
    their service on the Commission.
      (2) The members of the Commission shall be allowed travel
    expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter
    57 of title 5 while away from their homes or regular places of
    business in the performance of services for the Commission.
      (3)(A) The Commission may, without regard to the civil service
    laws and regulations, appoint and terminate such personnel as may
    be necessary to enable the Commission to perform its duties.
      (B) The Commission may fix the compensation of the personnel of
    the Commission without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5 relating to classification
    of positions and General Schedule pay rates.
      (4) Any officer or employee of the United States may be detailed
    to the Commission without reimbursement, and such detail shall be
    without interruption or loss of civil service status or privilege.
      (5) The members and employees of the Commission shall hold
    security clearances appropriate for the matters considered by the
    Commission in the discharge of its duties under this section.
    (f) Applicability of FACA
      The provisions of the Federal Advisory Committee Act (5 U.S.C.
    App.) shall not apply to the activities of the Commission.
    (g) Funding
      (1) From amounts authorized to be appropriated by sections 3101
    and 3103, the Secretary of Energy shall make available to the
    Commission not more than $1,000,000 for the activities of the
    Commission under this section.
      (2) Amounts made available to the Commission under this
    subsection shall remain available until expended.

-SOURCE-
    (Pub. L. 106-65, div. C, title XXXI, Sec. 3142, Oct. 5, 1999, 113
    Stat. 931.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (e)(3)(A), are set
    forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The Federal Advisory Committee Act, referred to in subsec. (f),
    is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      Sections 3101 and 3103, referred to in subsec. (g), are sections
    3101 and 3103 of Pub. L. 106-65, div. C, title XXXI, Oct. 5, 1999,
    113 Stat. 915, 919, which are not classified to the Code.

-COD-
                               CODIFICATION                           
      Section is comprised of section 3142 of Pub. L. 106-65. Subsec.
    (h)(1) of section 3142 of Pub. L. 106-65 repealed section 3161 of
    Pub. L. 105-85, formerly set out as a note under section 7251 of
    this title. Subsec. (h)(2) of section 3142 of Pub. L. 106-65
    amended section 2657 of Title 50, War and National Defense.

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-MISC1-
                                SHORT TITLE                            
      Pub. L. 106-65, div. C, title XXXI, Sec. 3141, Oct. 5, 1999, 113
    Stat. 931, provided that: "This subtitle [subtitle D, Secs. 3141-
    3156, of title XXXI of div. C of Pub. L. 106-65, enacting this
    subchapter and section 2282b of this title, amending sections 2165,
    2274, 2275, 2277, and 2282a of this title, enacting provisions set
    out as notes under sections 2165 and 2282b of this title and
    section 435 of Title 50, War and National Defense, amending
    provisions set out as a note under section 7274m of this title, and
    repealing provisions set out as a note under section 7251 of this
    title] may be cited as the 'Department of Energy Facilities
    Safeguards, Security, and Counterintelligence Enhancement Act of
    1999'."

-End-

-CITE-
    42 USC Secs. 7383a to 7383d                                 01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
    Secs. 7383a to 7383d. Transferred

-COD-
                               CODIFICATION                           
      Section 7383a, Pub. L. 106-65, div. C, title XXXI, Sec. 3143,
    Oct. 5, 1999, 113 Stat. 934, which related to background
    investigations of certain personnel at Department of Energy
    facilities, was renumbered section 4503 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(4)(A)-(C), Nov.
    24, 2003, 117 Stat. 1772, and is classified to section 2653 of
    Title 50, War and National Defense.
      Section 7383b, Pub. L. 106-65, div. C, title XXXI, Sec. 3145,
    Oct. 5, 1999, 113 Stat. 935, which related to protection of
    classified information during laboratory-to-laboratory exchanges,
    was renumbered section 4524 of Pub. L. 107-314, the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(h)(14), Nov. 24, 2003, 117
    Stat. 1775, and is classified to section 2674 of Title 50, War and
    National Defense.
      Section 7383c, Pub. L. 106-65, div. C, title XXXI, Sec. 3146,
    Oct. 5, 1999, 113 Stat. 935, which related to restrictions on
    access to national laboratories by foreign visitors from sensitive
    countries, was renumbered section 4502 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(3)(A)-(C), Nov.
    24, 2003, 117 Stat. 1771, and is classified to section 2652 of
    Title 50, War and National Defense.
      Section 7383d, Pub. L. 106-65, div. C, title XXXI, Sec. 3150,
    Oct. 5, 1999, 113 Stat. 939, which related to notice to
    congressional committees of certain security and
    counterintelligence failures within nuclear energy defense
    programs, was renumbered section 4505 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(6), Nov. 24,
    2003, 117 Stat. 1773, and is classified to section 2656 of Title
    50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7383e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
    Sec. 7383e. Annual report by the President on espionage by the
      People's Republic of China

-STATUTE-
    (a) Annual report required
      The President shall transmit to Congress an annual report on the
    steps being taken by the Department of Energy, the Department of
    Defense, the Federal Bureau of Investigation, the Central
    Intelligence Agency, and all other relevant executive departments
    and agencies to respond to espionage and other intelligence
    activities by the People's Republic of China, particularly with
    respect to - 
        (1) the theft of sophisticated United States nuclear weapons
      design information; and
        (2) the targeting by the People's Republic of China of United
      States nuclear weapons codes and other national security
      information of strategic concern.
    (b) Initial report
      The first report under this section shall be transmitted not
    later than March 1, 2000.

-SOURCE-
    (Pub. L. 106-65, div. C, title XXXI, Sec. 3151, Oct. 5, 1999, 113
    Stat. 939.)

-End-

-CITE-
    42 USC Secs. 7383f to 7383h-1                               01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
    Secs. 7383f to 7383h-1. Transferred

-COD-
                               CODIFICATION                           
      Section 7383f, Pub. L. 106-65, div. C, title XXXI, Sec. 3152,
    Oct. 5, 1999, 113 Stat. 940, which related to the submission of
    annual reports on counterintelligence and security practices at
    national laboratories, was renumbered section 4507 of Pub. L. 107-
    314, the Bob Stump National Defense Authorization Act for Fiscal
    Year 2003, by Pub. L. 108-136, div. C, title XXXI, Sec.
    3141(h)(8)(A)-(C), Nov. 24, 2003, 117 Stat. 1773, and is classified
    to section 2658 of Title 50, War and National Defense.
      Section 7383g, Pub. L. 106-65, div. C, title XXXI, Sec. 3153,
    Oct. 5, 1999, 113 Stat. 940, which related to the submission of
    annual reports on security vulnerabilities of national laboratory
    computers, was renumbered section 4508 of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(h)(9)(A)-(C), Nov.
    24, 2003, 117 Stat. 1774, and is classified to section 2659 of
    Title 50, War and National Defense.
      Section 7383h, Pub. L. 106-65, div. C, title XXXI, Sec. 3154,
    Oct. 5, 1999, 113 Stat. 941; Pub. L. 106-398, Sec. 1 [div. C, title
    XXXI, Sec. 3135], Oct. 30, 2000, 114 Stat. 1654, 1654A-456, which
    related to a counterintelligence polygraph program for defense-
    related activities of the Department of Energy, was renumbered
    section 4504A of Pub. L. 107-314, the Bob Stump National Defense
    Authorization Act for Fiscal Year 2003, by Pub. L. 108-136, div. C,
    title XXXI, Sec. 3141(h)(5)(B)(i)-(iii), Nov. 24, 2003, 117 Stat.
    1773, and is classified to section 2655 of Title 50, War and
    National Defense.
      Section 7383h-1, Pub. L. 107-107, div. C, title XXXI, Sec. 3152,
    Dec. 28, 2001, 115 Stat. 1376, which related to a new
    counterintelligence polygraph program for the Department of Energy,
    was renumbered section 4504 of Pub. L. 107-314, the Bob Stump
    National Defense Authorization Act for Fiscal Year 2003, by Pub. L.
    108-136, div. C, title XXXI, Sec. 3141(h)(5)(A)(i)-(iii), Nov. 24,
    2003, 117 Stat. 1772, and is classified to section 2654 of Title
    50, War and National Defense.

-End-

-CITE-
    42 USC Sec. 7383i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
    Sec. 7383i. Definitions of national laboratory and nuclear weapons
      production facility

-STATUTE-
      For purposes of this subchapter:
        (1) The term "national laboratory" means any of the following:
          (A) The Lawrence Livermore National Laboratory, Livermore,
        California.
          (B) The Los Alamos National Laboratory, Los Alamos, New
        Mexico.
          (C) The Sandia National Laboratories, Albuquerque, New Mexico
        and Livermore, California.

        (2) The term "nuclear weapons production facility" means any of
      the following:
          (A) The Kansas City Plant, Kansas City, Missouri.
          (B) The Pantex Plant, Amarillo, Texas.
          (C) The Y-12 Plant, Oak Ridge, Tennessee.
          (D) The tritium operations at the Savannah River Site, Aiken,
        South Carolina.
          (E) The Nevada Test Site, Nevada.

-SOURCE-
    (Pub. L. 106-65, div. C, title XXXI, Sec. 3155, Oct. 5, 1999, 113
    Stat. 942.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    subtitle", meaning subtitle D of title XXXI of div. C of Pub. L.
    106-65, Oct. 5, 1999, 113 Stat. 931, which is classified
    principally to this subchapter. For complete classification of
    subtitle D to the Code, see Short Title note set out under section
    7383 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 7383j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XV - MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
                     COUNTERINTELLIGENCE       

-HEAD-
    Sec. 7383j. Definition of Restricted Data

-STATUTE-
      In this subchapter, the term "Restricted Data" has the meaning
    given that term in section 2014(y) of this title.

-SOURCE-
    (Pub. L. 106-65, div. C, title XXXI, Sec. 3156, Oct. 5, 1999, 113
    Stat. 942.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subchapter, referred to in text, was in the original "this
    subtitle", meaning subtitle D of title XXXI of div. C of Pub. L.
    106-65, Oct. 5, 1999, 113 Stat. 931, which is classified
    principally to this subchapter. For complete classification of
    subtitle D to the Code, see Short Title note set out under section
    7383 of this title and Tables.

-End-

-CITE-
    42 USC SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL
           ILLNESS COMPENSATION PROGRAM                    01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       

-HEAD-
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
                                  PROGRAM

-COD-
                               CODIFICATION                           
      This subchapter was enacted as title XXXVI of div. C of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001,
    known as the Energy Employees Occupational Illness Compensation
    Program Act of 2000, and not as part of the Department of Energy
    Organization Act which comprises this chapter.

-End-

-CITE-
    42 USC Sec. 7384                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       

-HEAD-
    Sec. 7384. Findings; sense of Congress

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) Since World War II, Federal nuclear activities have been
      explicitly recognized under Federal law as activities that are
      ultra-hazardous. Nuclear weapons production and testing have
      involved unique dangers, including potential catastrophic nuclear
      accidents that private insurance carriers have not covered and
      recurring exposures to radioactive substances and beryllium that,
      even in small amounts, can cause medical harm.
        (2) Since the inception of the nuclear weapons program and for
      several decades afterwards, a large number of nuclear weapons
      workers at sites of the Department of Energy and at sites of
      vendors who supplied the Cold War effort were put at risk without
      their knowledge and consent for reasons that, documents reveal,
      were driven by fears of adverse publicity, liability, and
      employee demands for hazardous duty pay.
        (3) Many previously secret records have documented unmonitored
      exposures to radiation and beryllium and continuing problems at
      these sites across the Nation, at which the Department of Energy
      and its predecessor agencies have been, since World War II, self-
      regulating with respect to nuclear safety and occupational
      safety and health. No other hazardous Federal activity has been
      permitted to be carried out under such sweeping powers of self-
      regulation.
        (4) The policy of the Department of Energy has been to litigate
      occupational illness claims, which has deterred workers from
      filing workers' compensation claims and has imposed major
      financial burdens for such employees who have sought
      compensation. Contractors of the Department have been held
      harmless and the employees have been denied workers' compensation
      coverage for occupational disease.
        (5) Over the past 20 years, more than two dozen scientific
      findings have emerged that indicate that certain of such
      employees are experiencing increased risks of dying from cancer
      and non-malignant diseases. Several of these studies have also
      established a correlation between excess diseases and exposure to
      radiation and beryllium.
        (6) While linking exposure to occupational hazards with the
      development of occupational disease is sometimes difficult,
      scientific evidence supports the conclusion that occupational
      exposure to dust particles or vapor of beryllium can cause
      beryllium sensitivity and chronic beryllium disease. Furthermore,
      studies indicate than 98 percent of radiation-induced cancers
      within the nuclear weapons complex have occurred at dose levels
      below existing maximum safe thresholds.
        (7) Existing information indicates that State workers'
      compensation programs do not provide a uniform means of ensuring
      adequate compensation for the types of occupational illnesses and
      diseases that relate to the employees at those sites.
        (8) To ensure fairness and equity, the civilian men and women
      who, over the past 50 years, have performed duties uniquely
      related to the nuclear weapons production and testing programs of
      the Department of Energy and its predecessor agencies should have
      efficient, uniform, and adequate compensation for beryllium-
      related health conditions and radiation-related health
      conditions.
        (9) On April 12, 2000, the Secretary of Energy announced that
      the Administration intended to seek compensation for individuals
      with a broad range of work-related illnesses throughout the
      Department of Energy's nuclear weapons complex.
        (10) However, as of October 2, 2000, the Administration has
      failed to provide Congress with the necessary legislative and
      budget proposals to enact the promised compensation program.
    (b) Sense of Congress
      It is the sense of Congress that - 
        (1) a program should be established to provide compensation to
      covered employees;
        (2) a fund for payment of such compensation should be
      established on the books of the Treasury;
        (3) payments from that fund should be made only after - 
          (A) the identification of employees of the Department of
        Energy (including its predecessor agencies), and of contractors
        of the Department, who may be members of the group of covered
        employees;
          (B) the establishment of a process to receive and administer
        claims for compensation for disability or death of covered
        employees;
          (C) the submittal by the President of a legislative proposal
        for compensation of such employees that includes the estimated
        annual budget resources for that compensation; and
          (D) consideration by the Congress of the legislative proposal
        submitted by the President; and

        (4) payments from that fund should commence not later than
      fiscal year 2002.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3602], Oct. 30,
    2000, 114 Stat. 1654, 1654A-495.)

-MISC1-
                                SHORT TITLE                            
      Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3601], Oct.
    30, 2000, 114 Stat. 1654, 1654A-495, provided that: "This title
    [enacting this subchapter] may be cited as the 'Energy Employees
    Occupational Illness Compensation Program Act of 2000'."

         UPDATE OF REPORT ON RESIDUAL CONTAMINATION OF FACILITIES     
      Pub. L. 108-375, div. C, title XXXI, Sec. 3169, Oct. 28, 2004,
    118 Stat. 2191, provided that:
      "(a) Update of Report. - Not later than December 31, 2006, the
    Director of the National Institute for Occupational Safety and
    Health shall submit to Congress an update to the report required by
    section 3151(b) of the National Defense Authorization Act for
    Fiscal Year 2002 (Public Law 107-107; 42 U.S.C. 7384 note).
      "(b) Elements. - The update shall - 
        "(1) for each facility for which such report found that
      insufficient information was available to determine whether
      significant residual contamination was present, determine whether
      significant residual contamination was present;
        "(2) for each facility for which such report found that
      significant residual contamination remained present as of the
      date of the report, determine the date on which such
      contamination ceased to be present;
        "(3) for each facility for which such report found that
      significant residual contamination was present but for which the
      Director has been unable to determine the extent to which such
      contamination is attributable to atomic weapons-related
      activities, identify the specific dates of coverage attributable
      to such activities and, in so identifying, presume that such
      contamination is attributable to such activities until there is
      evidence of decontamination of residual contamination identified
      with atomic weapons-related activities;
        "(4) for each facility for which such report found significant
      residual contamination, determine whether it is at least as
      likely as not that such contamination could have caused an
      employee who was employed at such facility only during the
      residual contamination period to contract a cancer or beryllium
      illness compensable under subtitle B of the Energy Employees
      Occupational Illness Compensation Program Act of 2000 [42 U.S.C.
      7384l et seq.]; and
        "(5) if new information that pertains to the report has been
      made available to the Director since that report was submitted,
      identify and describe such information.
      "(c) Publication. - The Director shall ensure that the report
    referred to in subsection (a) is published in the Federal Register
    not later than 15 days after being released."

               STUDY OF RESIDUAL CONTAMINATION OF FACILITIES           
      Pub. L. 107-107, div. C, title XXXI, Sec. 3151(b), Dec. 28, 2001,
    115 Stat. 1375, provided that:
      "(1) The National Institute for Occupational Safety and Health
    shall, with the cooperation of the Department of Energy and the
    Department of Labor, carry out a study on the following matters:
        "(A) Whether or not significant contamination remained in any
      atomic weapons employer facility or facility of a beryllium
      vendor after such facility discontinued activities relating to
      the production of nuclear weapons.
        "(B) If so, whether or not such contamination could have caused
      or substantially contributed to the cancer of a covered employee
      with cancer or a covered beryllium illness, as the case may be.
      "(2)(A) The National Institute for Occupational Safety and Health
    shall submit to the applicable congressional committees the
    following reports:
        "(i) Not later than 180 days after the date of the enactment of
      this Act [Dec. 28, 2001], a report on the progress made as of the
      date of the report on the study required by paragraph (1).
        "(ii) Not later than one year after the date of the enactment
      of this Act, a final report on the study required by paragraph
      (1).
      "(B) In this paragraph, the term 'applicable congressional
    committees' means - 
        "(i) the Committee on Armed Services, Committee on
      Appropriations, Committee on the Judiciary, and Committee on
      Health, Education, Labor, and Pensions of the Senate; and
        "(ii) the Committee on Armed Services, Committee on
      Appropriations, Committee on the Judiciary, and Committee on
      Education and the Workforce of the House of Representatives.
      "(3) Amounts for the study under paragraph (1) shall be derived
    from amounts authorized to be appropriated by section 3614(a) of
    the Energy Employees Occupational Illness Compensation Program Act
    of 2000 (114 Stat. 1654A-498) [42 U.S.C. 7384g(a)].
      "(4) In this subsection:
        "(A) The terms 'atomic weapons employer facility', 'beryllium
      vendor', 'covered employee with cancer', and 'covered beryllium
      illness' have the meanings given those terms in section 3621 of
      the Energy Employees Occupational Illness Compensation Program
      Act of 2000 (114 Stat. 1654A-498; 42 U.S.C. 7384l).
        "(B) The term 'contamination' means the presence of any - 
          "(i) material that emitted radiation and was used in the
        production of an atomic weapon, excluding uranium mining and
        milling; or
          "(ii) beryllium dust, particles, or vapor,
      exposure to which could cause or substantially contribute to the
      cancer of a covered employee with cancer or a covered beryllium
      illness, as the case may be."

-EXEC-
      EX. ORD. NO. 13179. PROVIDING COMPENSATION TO AMERICA'S NUCLEAR
                              WEAPONS WORKERS
      Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including Public Law
    106-398, the Energy Employees Occupational Illness Compensation
    Program Act of 2000 [42 U.S.C. 7384 et seq.] (Public Law 106-398,
    the "Act"), and to allocate the responsibilities imposed by that
    legislation and to provide for further legislative efforts, it is
    hereby ordered as follows:
      Section 1. Policy. Since World War II, hundreds of thousands of
    men and women have served their Nation in building its nuclear
    defense. In the course of their work, they overcame previously
    unimagined scientific and technical challenges. Thousands of these
    courageous Americans, however, paid a high price for their service,
    developing disabling or fatal illnesses as a result of exposure to
    beryllium, ionizing radiation, and other hazards unique to nuclear
    weapons production and testing. Too often, these workers were
    neither adequately protected from, nor informed of, the
    occupational hazards to which they were exposed.
      Existing workers' compensation programs have failed to provide
    for the needs of these workers and their families. Federal workers'
    compensation programs have generally not included these workers.
    Further, because of long latency periods, the uniqueness of the
    hazards to which they were exposed, and inadequate exposure data,
    many of these individuals have been unable to obtain State workers'
    compensation benefits. This problem has been exacerbated by the
    past policy of the Department of Energy (DOE) and its predecessors
    of encouraging and assisting DOE contractors in opposing the claims
    of workers who sought those benefits. This policy has recently been
    reversed.
      While the Nation can never fully repay these workers or their
    families, they deserve recognition and compensation for their
    sacrifices. Since the Administration's historic announcement in
    July of 1999 that it intended to compensate DOE nuclear weapons
    workers who suffered occupational illnesses as a result of exposure
    to the unique hazards in building the Nation's nuclear defense, it
    has been the policy of this Administration to support fair and
    timely compensation for these workers and their survivors. The
    Federal Government should provide necessary information and
    otherwise help employees of the DOE or its contractors determine if
    their illnesses are associated with conditions of their nuclear
    weapons-related work; it should provide workers and their survivors
    with all pertinent and available information necessary for
    evaluating and processing claims; and it should ensure that this
    program minimizes the administrative burden on workers and their
    survivors, and respects their dignity and privacy. This order sets
    out agency responsibilities to accomplish these goals, building on
    the Administration's articulated principles and the framework set
    forth in the Energy Employees Occupational Illness Compensation
    Program Act of 2000 [42 U.S.C. 7384 et seq.]. The Departments of
    Labor, Health and Human Services, and Energy shall be responsible
    for developing and implementing actions under the Act to compensate
    these workers and their families in a manner that is compassionate,
    fair, and timely. Other Federal agencies, as appropriate, shall
    assist in this effort.
      Sec. 2. Designation of Responsibilities for Administering the
    Energy Employees' Occupational Illness Compensation Program
    ("Program").
      (a) Secretary of Labor. The Secretary of Labor shall have primary
    responsibility for administering the Program. Specifically, the
    Secretary shall:
      (i) Administer and decide all questions arising under the Act not
    assigned to other agencies by the Act or by this order, including
    determining the eligibility of individuals with covered
    occupational illnesses and their survivors and adjudicating claims
    for compensation and benefits;
      (ii) No later than May 31, 2001, promulgate regulations for the
    administration of the Program, except for functions assigned to
    other agencies pursuant to the Act or this order;
      (iii) No later than July 31, 2001, ensure the availability, in
    paper and electronic format, of forms necessary for making claims
    under the Program; and
      (iv) Develop informational materials, in coordination with the
    Secretary of Energy and the Secretary of Health and Human Services,
    to help potential claimants understand the Program and the
    application process, and provide these materials to individuals
    upon request and to the Secretary of Energy and the Attorney
    General for dissemination to potentially eligible individuals.
      (b) Secretary of Health and Human Services. The Secretary of
    Health and Human Services shall:
      (i) No later than May 31, 2001, promulgate regulations
    establishing:
      (A) guidelines, pursuant to section 3623(c) of the Act [42 U.S.C.
    7384n(c)], to assess the likelihood that an individual with cancer
    sustained the cancer in the performance of duty at a Department of
    Energy facility or an atomic weapons employer facility, as defined
    by the Act; and
      (B) methods, pursuant to section 3623(d) of the Act, for arriving
    at and providing reasonable estimates of the radiation doses
    received by individuals applying for assistance under this program
    for whom there are inadequate records of radiation exposure;
      (ii) In accordance with procedures developed by the Secretary of
    Health and Human Services, consider and issue determinations on
    petitions by classes of employees to be treated as members of the
    Special Exposure Cohort;
      (iii) With the assistance of the Secretary of Energy, apply the
    methods promulgated under subsection (b)(i)(B) to estimate the
    radiation doses received by individuals applying for assistance;
      (iv) Upon request from the Secretary of Energy, appoint members
    for a physician panel or panels to consider individual workers'
    compensation claims as part of the Worker Assistance Program under
    the process established pursuant to subsection (c)(v); and
      (v) Provide the Advisory Board established under section 4 of
    this order with administrative services, funds, facilities, staff,
    and other necessary support services and perform the administrative
    functions of the President under the Federal Advisory Committee
    Act, as amended (5 U.S.C. App.), with respect to the Advisory
    Board.
      (c) Secretary of Energy. The Secretary of Energy shall:
      (i) Provide the Secretary of Health and Human Services and the
    Advisory Board on Radiation and Worker Health access, in accordance
    with law, to all relevant information pertaining to worker
    exposures, including access to restricted data, and any other
    technical assistance needed to carry out their responsibilities
    under subsection (b)(ii) and section 4(b), respectively.
      (ii) Upon request from the Secretary of Health and Human Services
    or the Secretary of Labor, and as permitted by law, require a DOE
    contractor, subcontractor, or designated beryllium vendor, pursuant
    to section 3631(c) of the Act [42 U.S.C. 7384v(c)], to provide
    information relevant to a claim under this Program;
      (iii) Identify and notify potentially eligible individuals of the
    availability of compensation under the Program;
      (iv) Designate, pursuant to sections 3621(4)(B) and 3622 of the
    Act [42 U.S.C. 7384l(4)(B), 7384m], atomic weapons employers and
    additions to the list of designated beryllium vendors;
      (v) Pursuant to Subtitle D of the Act [42 U.S.C. 7385o],
    negotiate agreements with the chief executive officer of each State
    in which there is a DOE facility, and other States as appropriate,
    to provide assistance to a DOE contractor employee on filing a
    State workers' compensation system claim, and establish a Worker
    Assistance Program to help individuals whose illness is related to
    employment in the DOE's nuclear weapons complex, or the
    individual's survivor if the individual is deceased, in applying
    for State workers' compensation benefits. This assistance shall
    include:
      (1) Submittal of reasonable claims to a physician panel,
    appointed by the Secretary of Health and Human Services and
    administered by the Secretary of Energy, under procedures
    established by the Secretary of Energy, for determination of
    whether the individual's illness or death arose out of and in the
    course of employment by the DOE or its contractors and exposure to
    a toxic substance at a DOE facility; and
      (2) For cases determined by the physician panel and the Secretary
    of Energy under section 3661(d) and (e) of the Act [42 U.S.C.
    7385o(d), (e)] to have arisen out of and in the course of
    employment by the DOE or its contractors and exposure to a toxic
    substance at a DOE facility, provide assistance to the individual
    in filing for workers' compensation benefits. The Secretary shall
    not contest these claims and, to the extent permitted by law, shall
    direct a DOE contractor who employed the applicant not to contest
    the claim;
      (vi) Report on the Worker Assistance Program by making publicly
    available on at least an annual basis claims-related data,
    including the number of claims filed, the number of illnesses found
    to be related to work at a DOE facility, job location and
    description, and number of successful State workers' compensation
    claims awarded; and
      (vii) No later than January 15, 2001, publish in the Federal
    Register a list of atomic weapons employer facilities within the
    meaning of section 3621(5) of the Act [42 U.S.C. 7384l(5)],
    Department of Energy employer facilities within the meaning of
    section 3621(12) of the Act, and a list of facilities owned and
    operated by a beryllium vendor, within the meaning of section
    3621(6) of the Act.
      (d) Attorney General. The Attorney General shall:
      (i) Develop procedures to notify, to the extent possible, each
    claimant (or the survivor of that claimant if deceased) whose claim
    for compensation under section 5 of the Radiation Exposure
    Compensation Act [Pub. L. 101-426, 42 U.S.C. 2210 note] has been or
    is approved by the Department of Justice, of the availability of
    supplemental compensation and benefits under the Energy Employees
    Occupational Illness Compensation Program;
      (ii) Identify and notify eligible covered uranium employees or
    their survivors of the availability of supplemental compensation
    under the Program; and
      (iii) Upon request by the Secretary of Labor, provide information
    needed to adjudicate the claim of a covered uranium employee under
    this Program.
      Sec. 3. Establishment of Interagency Working Group.
      (a) There is hereby established an Interagency Working Group to
    be composed of representatives from the Office of Management and
    Budget, the National Economic Council, and the Departments of
    Labor, Energy, Health and Human Services, and Justice.
      (b) The Working Group shall:
      (i) By January 1, 2001, develop a legislative proposal to ensure
    the Program's fairness and efficiency, including provisions to
    assure adequate administrative resources and swift dispute
    resolution; and
      (ii) Address any impediments to timely and coordinated Program
    implementation.
      Sec. 4. Establishment of Advisory Board on Radiation and Worker
    Health.
      (a) Pursuant to Public Law 106-398, there is hereby established
    an Advisory Board on Radiation and Health (Advisory Board). The
    Advisory Board shall consist of no more than 20 members to be
    appointed by the President. Members shall include affected workers
    and their representatives, and representatives from scientific and
    medical communities. The President shall designate a Chair for the
    Board among its members.
      (b) The Advisory Board shall:
      (i) Advise the Secretary of Health and Human Services on the
    development of guidelines under section 2(b)(i) of this order;
      (ii) Advise the Secretary of Health and Human Services on the
    scientific validity and quality of dose reconstruction efforts
    performed for this Program; and
      (iii) Upon request by the Secretary of Health and Human Services,
    advise the Secretary on whether there is a class of employees at
    any Department of Energy facility who were exposed to radiation but
    for whom it is not feasible to estimate their radiation dose, and
    on whether there is a reasonable likelihood that such radiation
    dose may have endangered the health of members of the class.
      Sec. 5. Reporting Requirements. The Secretaries of Labor, Health
    and Human Services, and Energy shall, as part of their annual
    budget submissions, report to the Office of Management and Budget
    (OMB) on their activities under this Program, including total
    expenditures related to benefits and program administration. They
    shall also report to the OMB, no later than March 1, 2001, on the
    manner in which they will carry out their respective
    responsibilities under the Act and this order. This report shall
    include, among other things, a description of the administrative
    structure established within their agencies to implement the Act
    and this order. In addition, the Secretary of Labor shall annually
    report on the total number and types of claims for which
    compensation was considered and other data pertinent to evaluating
    the Federal Government's performance fulfilling the requirements of
    the Act and this order.
      Sec. 6. Administration and Judicial Review. (a) This Executive
    Order shall be carried out subject to the availability of
    appropriations, and to the extent permitted by law.
      (b) This Executive Order does not create any right or benefit,
    substantive or procedural, enforceable at law or equity by a party
    against the United States, its agencies, its officers or employees,
    or any other person.
                                                     William J. Clinton.

-End-

-CITE-
    42 USC Part A - Establishment of Compensation Program and
                     Compensation Fund                     01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part A - Establishment of Compensation Program and Compensation Fund

-HEAD-
      PART A - ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION
                                   FUND

-End-

-CITE-
    42 USC Sec. 7384d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part A - Establishment of Compensation Program and Compensation Fund

-HEAD-
    Sec. 7384d. Establishment of Energy Employees Occupational Illness
      Compensation Program

-STATUTE-
    (a) Program established
      There is hereby established a program to be known as the "Energy
    Employees Occupational Illness Compensation Program" (in this
    subchapter referred to as the "compensation program"). The
    President shall carry out the compensation program through one or
    more Federal agencies or officials, as designated by the President.
    (b) Purpose of program
      The purpose of the compensation program is to provide for timely,
    uniform, and adequate compensation of covered employees and, where
    applicable, survivors of such employees, suffering from illnesses
    incurred by such employees in the performance of duty for the
    Department of Energy and certain of its contractors and
    subcontractors.
    (c) Eligibility for compensation
      The eligibility of covered employees for compensation under the
    compensation program shall be determined in accordance with the
    provisions of part B as may be modified by a law enacted after the
    date of the submittal of the proposal for legislation required by
    section 7384f of this title.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3611], Oct. 30,
    2000, 114 Stat. 1654, 1654A-497.)

-End-

-CITE-
    42 USC Sec. 7384e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part A - Establishment of Compensation Program and Compensation Fund

-HEAD-
    Sec. 7384e. Establishment of Energy Employees Occupational Illness
      Compensation Fund

-STATUTE-
    (a) Establishment
      There is hereby established on the books of the Treasury a fund
    to be known as the "Energy Employees Occupational Illness
    Compensation Fund" (in this subchapter referred to as the
    "compensation fund").
    (b) Amounts in compensation fund
      The compensation fund shall consist of the following amounts:
        (1) Amounts appropriated to the compensation fund pursuant to
      the authorization of appropriations in section 7384g(b) of this
      title.
        (2) Amounts transferred to the compensation fund under
      subsection (c) of this section.
    (c) Financing of compensation fund
      Upon the exhaustion of amounts in the compensation fund
    attributable to the authorization of appropriations in section
    7384g(b) of this title, the Secretary of the Treasury shall
    transfer directly to the compensation fund from the General Fund of
    the Treasury, without further appropriation, such amounts as are
    further necessary to carry out the compensation program.
    (d) Use of compensation fund
      Subject to subsection (e) of this section, amounts in the
    compensation fund shall be used to carry out the compensation
    program.
    (e) Administrative costs not paid from compensation fund
      No cost incurred in carrying out the compensation program, or in
    administering the compensation fund, shall be paid from the
    compensation fund or set off against or otherwise deducted from any
    payment to any individual under the compensation program.
    (f) Investment of amounts in compensation fund
      Amounts in the compensation fund shall be invested in accordance
    with section 9702 of title 31, and any interest on, and proceeds
    from, any such investment shall be credited to and become a part of
    the compensation fund.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3612], Oct. 30,
    2000, 114 Stat. 1654, 1654A-497.)

-End-

-CITE-
    42 USC Sec. 7384f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part A - Establishment of Compensation Program and Compensation Fund

-HEAD-
    Sec. 7384f. Legislative proposal

-STATUTE-
    (a) Legislative proposal required
      Not later than March 15, 2001, the President shall submit to
    Congress a proposal for legislation to implement the compensation
    program. The proposal for legislation shall include, at a minimum,
    the specific recommendations (including draft legislation) of the
    President for the following:
        (1) The types of compensation and benefits, including lost
      wages, medical benefits, and any lump-sum settlement payments, to
      be provided under the compensation program.
        (2) Any adjustments or modifications necessary to appropriately
      administer the compensation program under part B.
        (3) Whether to expand the compensation program to include other
      illnesses associated with exposure to toxic substances.
        (4) Whether to expand the class of individuals who are members
      of the Special Exposure Cohort (as defined in section 7384l(14)
      of this title).
    (b) Assessment of potential covered employees and required amounts
      The President shall include with the proposal for legislation
    under subsection (a) of this section the following:
        (1) An estimate of the number of covered employees that the
      President determines were exposed in the performance of duty.
        (2) An estimate, for each fiscal year of the compensation
      program, of the amounts to be required for compensation and
      benefits anticipated to be provided in such fiscal year under the
      compensation program.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3613], Oct. 30,
    2000, 114 Stat. 1654, 1654A-498.)

-End-

-CITE-
    42 USC Sec. 7384g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part A - Establishment of Compensation Program and Compensation Fund

-HEAD-
    Sec. 7384g. Authorization of appropriations

-STATUTE-
    (a) In general
      Pursuant to the authorization of appropriations in section
    3103(a),(!1) $25,000,000 may be used for purposes of carrying out
    this subchapter.

    (b) Compensation fund
      There is hereby authorized to be appropriated $250,000,000 to the
    Energy Employees Occupational Illness Compensation Fund established
    by section 7384e of this title.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3614], Oct. 30,
    2000, 114 Stat. 1654, 1654A-498.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3103(a), referred to in subsec. (a), means section 1
    [div. C, title XXXVI, Sec. 3103(a)] of Pub. L. 106-398, Oct. 30,
    2000, 114 Stat. 1654, 1654A-449, which is not classified to the
    Code.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    42 USC Part B - Program Administration                      01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
                      PART B - PROGRAM ADMINISTRATION                  

-End-

-CITE-
    42 USC Sec. 7384l                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384l. Definitions for program administration

-STATUTE-
      In this subchapter:
        (1) The term "covered employee" means any of the following:
          (A) A covered beryllium employee.
          (B) A covered employee with cancer.
          (C) To the extent provided in section 7384r of this title, a
        covered employee with chronic silicosis (as defined in that
        section).

        (2) The term "atomic weapon" has the meaning given that term in
      section 2014(d) of this title.
        (3) The term "atomic weapons employee" means any of the
      following:
          (A) An individual employed by an atomic weapons employer
        during a period when the employer was processing or producing,
        for the use by the United States, material that emitted
        radiation and was used in the production of an atomic weapon,
        excluding uranium mining and milling.
          (B) An individual employed - 
            (i) at a facility with respect to which the National
          Institute for Occupational Safety and Health, in its report
          dated October 2003 and titled "Report on Residual Radioactive
          and Beryllium Contamination at Atomic Weapons Employer
          Facilities and Beryllium Vendor Facilities", or any update to
          that report, found that there is a potential for significant
          residual contamination outside of the period in which weapons-
          related production occurred;
            (ii) by an atomic weapons employer or subsequent owner or
          operators of a facility described in clause (i); and
            (iii) during a period, as specified in such report or any
          update to such report, of potential for significant residual
          radioactive contamination at such facility.

        (4) The term "atomic weapons employer" means an entity, other
      than the United States, that - 
          (A) processed or produced, for use by the United States,
        material that emitted radiation and was used in the production
        of an atomic weapon, excluding uranium mining and milling; and
          (B) is designated by the Secretary of Energy as an atomic
        weapons employer for purposes of the compensation program.

        (5) The term "atomic weapons employer facility" means a
      facility, owned by an atomic weapons employer, that is or was
      used to process or produce, for use by the United States,
      material that emitted radiation and was used in the production of
      an atomic weapon, excluding uranium mining or milling.
        (6) The term "beryllium vendor" means any of the following:
          (A) Atomics International.
          (B) Brush Wellman, Incorporated, and its predecessor, Brush
        Beryllium Company.
          (C) General Atomics.
          (D) General Electric Company.
          (E) NGK Metals Corporation and its predecessors, Kawecki-
        Berylco, Cabot Corporation, BerylCo, and Beryllium Corporation
        of America.
          (F) Nuclear Materials and Equipment Corporation.
          (G) StarMet Corporation and its predecessor, Nuclear Metals,
        Incorporated.
          (H) Wyman Gordan, Incorporated.
          (I) Any other vendor, processor, or producer of beryllium or
        related products designated as a beryllium vendor for purposes
        of the compensation program under section 7384m of this title.

        (7) The term "covered beryllium employee" means the following,
      if and only if the employee is determined to have been exposed to
      beryllium in the performance of duty in accordance with section
      7384n(a) of this title:
          (A) A current or former employee (as that term is defined in
        section 8101(1) of title 5) who may have been exposed to
        beryllium at a Department of Energy facility or at a facility
        owned, operated, or occupied by a beryllium vendor.
          (B) A current or former employee of - 
            (i) any entity that contracted with the Department of
          Energy to provide management and operation, management and
          integration, or environmental remediation of a Department of
          Energy facility; or
            (ii) any contractor or subcontractor that provided
          services, including construction and maintenance, at such a
          facility.

          (C) A current or former employee of a beryllium vendor, or of
        a contractor or subcontractor of a beryllium vendor, during a
        period when the vendor was engaged in activities related to the
        production or processing of beryllium for sale to, or use by,
        the Department of Energy.

        (8) The term "covered beryllium illness" means any of the
      following:
          (A) Beryllium sensitivity as established by an abnormal
        beryllium lymphocyte proliferation test performed on either
        blood or lung lavage cells.
          (B) Established chronic beryllium disease.
          (C) Any injury, illness, impairment, or disability sustained
        as a consequence of a covered beryllium illness referred to in
        subparagraph (A) or (B).

        (9) The term "covered employee with cancer" means any of the
      following:
          (A) An individual with a specified cancer who is a member of
        the Special Exposure Cohort, if and only if that individual
        contracted that specified cancer after beginning employment at
        a Department of Energy facility (in the case of a Department of
        Energy employee or Department of Energy contractor employee) or
        at an atomic weapons employer facility (in the case of an
        atomic weapons employee).
          (B)(i) An individual with cancer specified in subclause (I),
        (II), or (III) of clause (ii), if and only if that individual
        is determined to have sustained that cancer in the performance
        of duty in accordance with section 7384n(b) of this title.
          (ii) Clause (i) applies to any of the following:
            (I) A Department of Energy employee who contracted that
          cancer after beginning employment at a Department of Energy
          facility.
            (II) A Department of Energy contractor employee who
          contracted that cancer after beginning employment at a
          Department of Energy facility.
            (III) An atomic weapons employee who contracted that cancer
          after beginning employment at an atomic weapons employer
          facility.

        (10) The term "Department of Energy" includes the predecessor
      agencies of the Department of Energy, including the Manhattan
      Engineering District.
        (11) The term "Department of Energy contractor employee" means
      any of the following:
          (A) An individual who is or was in residence at a Department
        of Energy facility as a researcher for one or more periods
        aggregating at least 24 months.
          (B) An individual who is or was employed at a Department of
        Energy facility by - 
            (i) an entity that contracted with the Department of Energy
          to provide management and operating, management and
          integration, or environmental remediation at the facility; or
            (ii) a contractor or subcontractor that provided services,
          including construction and maintenance, at the facility.

        (12) The term "Department of Energy facility" means any
      building, structure, or premise, including the grounds upon which
      such building, structure, or premise is located - 
          (A) in which operations are, or have been, conducted by, or
        on behalf of, the Department of Energy (except for buildings,
        structures, premises, grounds, or operations covered by
        Executive Order No. 12344, dated February 1, 1982, pertaining
        to the Naval Nuclear Propulsion Program); and
          (B) with regard to which the Department of Energy has or had -
         
            (i) a proprietary interest; or
            (ii) entered into a contract with an entity to provide
          management and operation, management and integration,
          environmental remediation services, construction, or
          maintenance services.

        (13) The term "established chronic beryllium disease" means
      chronic beryllium disease as established by the following:
          (A) For diagnoses on or after January 1, 1993, beryllium
        sensitivity (as established in accordance with paragraph
        (8)(A)), together with lung pathology consistent with chronic
        beryllium disease, including - 
            (i) a lung biopsy showing granulomas or a lymphocytic
          process consistent with chronic beryllium disease;
            (ii) a computerized axial tomography scan showing changes
          consistent with chronic beryllium disease; or
            (iii) pulmonary function or exercise testing showing
          pulmonary deficits consistent with chronic beryllium disease.

          (B) For diagnoses before January 1, 1993, the presence of - 
            (i) occupational or environmental history, or epidemiologic
          evidence of beryllium exposure; and
            (ii) any three of the following criteria:
              (I) Characteristic chest radiographic (or computed
            tomography (CT)) abnormalities.
              (II) Restrictive or obstructive lung physiology testing
            or diffusing lung capacity defect.
              (III) Lung pathology consistent with chronic beryllium
            disease.
              (IV) Clinical course consistent with a chronic
            respiratory disorder.
              (V) Immunologic tests showing beryllium sensitivity (skin
            patch test or beryllium blood test preferred).

        (14) The term "member of the Special Exposure Cohort" means a
      Department of Energy employee, Department of Energy contractor
      employee, or atomic weapons employee who meets any of the
      following requirements:
          (A) The employee was so employed for a number of work days
        aggregating at least 250 work days before February 1, 1992, at
        a gaseous diffusion plant located in Paducah, Kentucky,
        Portsmouth, Ohio, or Oak Ridge, Tennessee, and, during such
        employment - 
            (i) was monitored through the use of dosimetry badges for
          exposure at the plant of the external parts of employee's
          body to radiation; or
            (ii) worked in a job that had exposures comparable to a job
          that is or was monitored through the use of dosimetry badges.

          (B) The employee was so employed before January 1, 1974, by
        the Department of Energy or a Department of Energy contractor
        or subcontractor on Amchitka Island, Alaska, and was exposed to
        ionizing radiation in the performance of duty related to the
        Long Shot, Milrow, or Cannikin underground nuclear tests.
          (C)(i) Subject to clause (ii), the employee is an individual
        designated as a member of the Special Exposure Cohort by the
        President for purposes of the compensation program under
        section 7384q of this title.
          (ii) A designation under clause (i) shall, unless Congress
        otherwise provides, take effect on the date that is 30 days
        after the date on which the President submits to Congress a
        report identifying the individuals covered by the designation
        and describing the criteria used in designating those
        individuals.

        (15) The term "occupational illness" means a covered beryllium
      illness, cancer referred to in paragraph (9)(B), specified
      cancer, or chronic silicosis, as the case may be.
        (16) The term "radiation" means ionizing radiation in the form
      of - 
          (A) alpha particles;
          (B) beta particles;
          (C) neutrons;
          (D) gamma rays; or
          (E) accelerated ions or subatomic particles from accelerator
        machines.

        (17) The term "specified cancer" means any of the following:
          (A) A specified disease, as that term is defined in section
        4(b)(2) of the Radiation Exposure Compensation Act (42 U.S.C.
        2210 note).
          (B) Bone cancer.
          (C) Renal cancers.
          (D) Leukemia (other than chronic lymphocytic leukemia), if
        initial occupational exposure occurred before 21 years of age
        and onset occurred more than two years after initial
        occupational exposure.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3621], Oct. 30,
    2000, 114 Stat. 1654, 1654A-498; Pub. L. 107-20, title II, Sec.
    2403(a), July 24, 2001, 115 Stat. 175; Pub. L. 107-107, div. C,
    title XXXI, Sec. 3151(a)(1), (4)(C), Dec. 28, 2001, 115 Stat. 1371,
    1374; Pub. L. 108-375, div. C, title XXXI, Secs. 3166(b)(2),
    3168(a), Oct. 28, 2004, 118 Stat. 2189, 2190.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order No. 12344, referred to in par. (12)(A), is set
    out as a note under section 2511 of Title 50, War and National
    Defense.
      Section 4(b)(2) of the Radiation Exposure Compensation Act,
    referred to in par. (17)(A), is section 4(b)(2) of Pub. L. 101-426,
    which is set out in a note under section 2210 of this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Par. (3). Pub. L. 108-375, Sec. 3168(a), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "The term
    'atomic weapons employee' means an individual employed by an atomic
    weapons employer during a period when the employer was processing
    or producing, for the use by the United States, material that
    emitted radiation and was used in the production of an atomic
    weapon, excluding uranium mining and milling."
      Par. (14)(C)(ii). Pub. L. 108-375, Sec. 3166(b)(2), substituted
    "30 days" for "180 days".
      2001 - Par. (17)(C). Pub. L. 107-20 added subpar. (C).
      Par. (17)(D). Pub. L. 107-107, Sec. 3151(a)(1), added subpar.
    (D).
      Par. (18). Pub. L. 107-107, Sec. 3151(a)(4)(C), struck out par.
    (18) which read as follows: "The term 'survivor' means any
    individual or individuals eligible to receive compensation pursuant
    to section 8133 of title 5."

                     EFFECTIVE DATE OF 2001 AMENDMENTS                 
      Pub. L. 107-107, div. C, title XXXI, Sec. 3151(a)(4)(D), Dec. 28,
    2001, 115 Stat. 1374, provided that: "The amendments made by this
    paragraph [amending this section and sections 7384s and 7384u of
    this title] shall take effect on July 1, 2001."
      Pub. L. 107-20, title II, Sec. 2403(b), July 24, 2001, 115 Stat.
    175, provided that: "This section [amending this section] shall be
    effective on October 1, 2001."

-End-

-CITE-
    42 USC Sec. 7384m                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384m. Expansion of list of beryllium vendors

-STATUTE-
      Not later than December 31, 2002, the President may, in
    consultation with the Secretary of Energy, designate as a beryllium
    vendor for purposes of section 7384l(6) of this title any vendor,
    processor, or producer of beryllium or related products not
    previously listed under or designated for purposes of such section
    7384l(6) of this title if the President finds that such vendor,
    processor, or producer has been engaged in activities related to
    the production or processing of beryllium for sale to, or use by,
    the Department of Energy in a manner similar to the entities listed
    in such section 7384l(6) of this title.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3622], Oct. 30,
    2000, 114 Stat. 1654, 1654A-502.)

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of certain functions of the President under this
    section, see Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, set
    out as a note under section 7384 of this title.

-End-

-CITE-
    42 USC Sec. 7384n                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384n. Exposure in the performance of duty

-STATUTE-
    (a) Beryllium
      A covered beryllium employee shall, in the absence of substantial
    evidence to the contrary, be determined to have been exposed to
    beryllium in the performance of duty for the purposes of the
    compensation program if, and only if, the covered beryllium
    employee was - 
        (1) employed at a Department of Energy facility; or
        (2) present at a Department of Energy facility, or a facility
      owned and operated by a beryllium vendor, because of employment
      by the United States, a beryllium vendor, or a contractor or
      subcontractor of the Department of Energy,

    during a period when beryllium dust, particles, or vapor may have
    been present at such facility.
    (b) Cancer
      An individual with cancer specified in subclause (I), (II), or
    (III) of section 7384l(9)(B)(ii) of this title shall be determined
    to have sustained that cancer in the performance of duty for
    purposes of the compensation program if, and only if, the cancer
    specified in that subclause was at least as likely as not related
    to employment at the facility specified in that subclause, as
    determined in accordance with the guidelines established under
    subsection (c) of this section.
    (c) Guidelines
      (1) For purposes of the compensation program, the President shall
    by regulation establish guidelines for making the determinations
    required by subsection (b) of this section.
      (2) The President shall establish such guidelines after technical
    review by the Advisory Board on Radiation and Worker Health under
    section 7384o of this title.
      (3) Such guidelines shall - 
        (A) be based on the radiation dose received by the employee (or
      a group of employees performing similar work) at such facility
      and the upper 99 percent confidence interval of the probability
      of causation in the radioepidemiological tables published under
      section 7(b) of the Orphan Drug Act (42 U.S.C. 241 note), as such
      tables may be updated under section 7(b)(3) of such Act from time
      to time;
        (B) incorporate the methods established under subsection (d) of
      this section; and
        (C) take into consideration the type of cancer, past health-
      related activities (such as smoking), information on the risk of
      developing a radiation-related cancer from workplace exposure,
      and other relevant factors.

      (4) In the case of an atomic weapons employee described in
    section 7384l(3)(B) of this title, the following doses of radiation
    shall be treated, for purposes of paragraph (3)(A) of this
    subsection, as part of the radiation dose received by the employee
    at such facility:
        (A) Any dose of ionizing radiation received by that employee
      from facilities, materials, devices, or byproducts used or
      generated in the research, development, production,
      dismantlement, transportation, or testing of nuclear weapons, or
      from any activities to research, produce, process, store,
      remediate, or dispose of radioactive materials by or on behalf of
      the Department of Energy (except for activities covered by
      Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158
      note) pertaining to the Naval Nuclear Propulsion Program).
        (B) Any dose of ionizing radiation received by that employee
      from a source not covered by subparagraph (A) that is not
      distinguishable through reliable documentation from a dose
      covered by subparagraph (A).
    (d) Methods for radiation dose reconstructions
      (1) The President shall, through any Federal agency (other than
    the Department of Energy) or official (other than the Secretary of
    Energy or any other official within the Department of Energy) that
    the President may designate, establish by regulation methods for
    arriving at reasonable estimates of the radiation doses received by
    an individual specified in subparagraph (B) of section 7384l(9) of
    this title at a facility specified in that subparagraph by each of
    the following employees:
        (A) An employee who was not monitored for exposure to radiation
      at such facility.
        (B) An employee who was monitored inadequately for exposure to
      radiation at such facility.
        (C) An employee whose records of exposure to radiation at such
      facility are missing or incomplete.

      (2) The President shall establish an independent review process
    using the Advisory Board on Radiation and Worker Health to - 
        (A) assess the methods established under paragraph (1); and
        (B) verify a reasonable sample of the doses established under
      paragraph (1).
    (e) Information on radiation doses
      (1) The Secretary of Energy shall provide, to each covered
    employee with cancer specified in section 7384l(9)(B) of this
    title, information specifying the estimated radiation dose of that
    employee during each employment specified in section 7384l(9)(B) of
    this title, whether established by a dosimetry reading, by a method
    established under subsection (d) of this section, or by both a
    dosimetry reading and such method.
      (2) The Secretary of Health and Human Services and the Secretary
    of Energy shall each make available to researchers and the general
    public information on the assumptions, methodology, and data used
    in establishing radiation doses under subsection (d) of this
    section. The actions taken under this paragraph shall be consistent
    with the protection of private medical records.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3623], Oct. 30,
    2000, 114 Stat. 1654, 1654A-502; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3168(b), Oct. 28, 2004, 118 Stat. 2190.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7(b) of the Orphan Drug Act, referred to in subsec.
    (c)(3)(A), is section 7(b) of Pub. L. 97-414, which is set out in a
    note under section 241 of this title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c)(4). Pub. L. 108-375 added par. (4).

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of certain functions of the President under this
    section, see Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, set
    out as a note under section 7384 of this title.

-End-

-CITE-
    42 USC Sec. 7384o                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384o. Advisory Board on Radiation and Worker Health

-STATUTE-
    (a) Establishment
      (1) Not later than 120 days after October 30, 2000, the President
    shall establish and appoint an Advisory Board on Radiation and
    Worker Health (in this section referred to as the "Board").
      (2) The President shall make appointments to the Board in
    consultation with organizations with expertise on worker health
    issues in order to ensure that the membership of the Board reflects
    a balance of scientific, medical, and worker perspectives.
      (3) The President shall designate a Chair for the Board from
    among its members.
    (b) Duties
      The Board shall advise the President on - 
        (1) the development of guidelines under section 7384n(c) of
      this title;
        (2) the scientific validity and quality of dose estimation and
      reconstruction efforts being performed for purposes of the
      compensation program; and
        (3) such other matters related to radiation and worker health
      in Department of Energy facilities as the President considers
      appropriate.
    (c) Staff
      (1) The President shall appoint a staff to facilitate the work of
    the Board. The staff shall be headed by a Director who shall be
    appointed under subchapter VIII of chapter 33 of title 5.
      (2) The President may accept as staff of the Board personnel on
    detail from other Federal agencies. The detail of personnel under
    this paragraph may be on a nonreimbursable basis.
    (d) Expenses
      Members of the Board, other than full-time employees of the
    United States, while attending meetings of the Board or while
    otherwise serving at the request of the President, while serving
    away from their homes or regular places of business, shall be
    allowed travel and meal expenses, including per diem in lieu of
    subsistence, as authorized by section 5703 of title 5 for
    individuals in the Government serving without pay.
    (e) Security clearances
      (1) The Secretary of Energy shall ensure that the members and
    staff of the Board, and the contractors performing work in support
    of the Board, are afforded the opportunity to apply for a security
    clearance for any matter for which such a clearance is appropriate.
    The Secretary should, not later than 180 days after receiving a
    completed application, make a determination whether or not the
    individual concerned is eligible for the clearance.
      (2) For fiscal year 2007 and each fiscal year thereafter, the
    Secretary of Energy shall include in the budget justification
    materials submitted to Congress in support of the Department of
    Energy budget for that fiscal year (as submitted with the budget of
    the President under section 1105(a) of title 31) a report
    specifying the number of applications for security clearances under
    this subsection, the number of such applications granted, and the
    number of such applications denied.
    (f) Information
      The Secretary of Energy shall, in accordance with law, provide to
    the Board and the contractors of the Board access to any
    information that the Board considers relevant to carry out its
    responsibilities under this subchapter, including information such
    as Restricted Data (as defined in section 2014(y) of this title)
    and information covered by the Privacy Act [5 U.S.C. 552a].

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3624], Oct. 30,
    2000, 114 Stat. 1654, 1654A-504; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3166(a), Oct. 28, 2004, 118 Stat. 2188.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Privacy Act, referred to in subsec. (f), is probably a
    reference to section 552a of Title 5, Government Organization and
    Employees. See Short Title note set out under section 552a of Title
    5.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsecs. (e), (f). Pub. L. 108-375 added subsecs. (e) and
    (f).

                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by Congress, its duration is otherwise provided by law.
    See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat.
    770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-

-CITE-
    42 USC Sec. 7384p                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384p. Responsibilities of Secretary of Health and Human
      Services

-STATUTE-
      The Secretary of Health and Human Services shall carry out that
    Secretary's responsibilities with respect to the compensation
    program with the assistance of the Director of the National
    Institute for Occupational Safety and Health.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3625], Oct. 30,
    2000, 114 Stat. 1654, 1654A-504.)

-End-

-CITE-
    42 USC Sec. 7384q                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384q. Designation of additional members of special exposure
      cohort

-STATUTE-
    (a) Advice on additional members
      (1) The Advisory Board on Radiation and Worker Health under
    section 7384o of this title shall advise the President whether
    there is a class of employees at any Department of Energy facility
    who likely were exposed to radiation at that facility but for whom
    it is not feasible to estimate with sufficient accuracy the
    radiation dose they received.
      (2) The advice of the Advisory Board on Radiation and Worker
    Health under paragraph (1) shall be based on exposure assessments
    by radiation health professionals, information provided by the
    Department of Energy, and such other information as the Advisory
    Board considers appropriate.
      (3) The President shall request advice under paragraph (1) after
    consideration of petitions by classes of employees described in
    that paragraph for such advice. The President shall consider such
    petitions pursuant to procedures established by the President.
    (b) Designation of additional members
      Subject to the provisions of section 7384l(14)(C) of this title,
    the members of a class of employees at a Department of Energy
    facility, or at an atomic weapons employer facility, may be treated
    as members of the Special Exposure Cohort for purposes of the
    compensation program if the President, upon recommendation of the
    Advisory Board on Radiation and Worker Health, determines that - 
        (1) it is not feasible to estimate with sufficient accuracy the
      radiation dose that the class received; and
        (2) there is a reasonable likelihood that such radiation dose
      may have endangered the health of members of the class.
    (c) Deadlines
      (1) Not later than 180 days after the date on which the President
    receives a petition for designation as members of the Special
    Exposure Cohort, the Director of the National Institute for
    Occupational Safety and Health shall submit to the Advisory Board
    on Radiation and Worker Health a recommendation on that petition,
    including all supporting documentation.
      (2)(A) Upon receipt by the President of a recommendation of the
    Advisory Board on Radiation and Worker Health that the President
    should determine in the affirmative that paragraphs (1) and (2) of
    subsection (b) of this section apply to a class, the President
    shall have a period of 30 days in which to determine whether such
    paragraphs apply to the class and to submit that determination
    (whether affirmative or negative) to Congress.
      (B) If the determination submitted by the President under
    subparagraph (A) is in the affirmative, the President shall also
    submit a report meeting the requirements of section
    7384l(14)(C)(ii) of this title.
      (C) If the President does not submit a determination required by
    subparagraph (A) within the period required by subparagraph (A),
    then upon the day following the expiration of that period, it shall
    be deemed for purposes of section 7384l(14)(C)(ii) of this title
    that the President submitted the report under that provision on
    that day.
    (d) Access to information
      The Secretary of Energy shall provide, in accordance with law,
    the Secretary of Health and Human Services and the members and
    staff of the Advisory Board on Radiation and Worker Health access
    to relevant information on worker exposures, including access to
    Restricted Data (as defined in section 2014(y) of this title.(!1)

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3626], Oct. 30,
    2000, 114 Stat. 1654, 1654A-504; Pub. L. 107-107, div. C, title
    XXXI, Sec. 3151(a)(2), Dec. 28, 2001, 115 Stat. 1372; Pub. L. 108-
    375, div. C, title XXXI, Sec. 3166(b)(1), Oct. 28, 2004, 118 Stat.
    2188.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsecs. (c), (d). Pub. L. 108-375 added subsec. (c) and
    redesignated former subsec. (c) as (d).
      2001 - Subsec. (b). Pub. L. 107-107 inserted ", or at an atomic
    weapons employer facility," after "Department of Energy facility"
    in introductory provisions.

-FOOTNOTE-               

    (!1) So in original. A closing parenthesis should probably
         follow "title".

-End-

-CITE-
    42 USC Sec. 7384r                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384r. Separate treatment of chronic silicosis

-STATUTE-
    (a) Sense of Congress
      Congress finds that employees who worked in Department of Energy
    test sites and later contracted chronic silicosis should also be
    considered for inclusion in the compensation program. Recognizing
    that chronic silicosis resulting from exposure to silica is not a
    condition unique to the nuclear weapons industry, it is not the
    intent of Congress with this subchapter to establish a precedent on
    the question of chronic silicosis as a compensable occupational
    disease. Consequently, it is the sense of Congress that a further
    determination by the President is appropriate before these workers
    are included in the compensation program.
    (b) Certification by President
      A covered employee with chronic silicosis shall be treated as a
    covered employee (as defined in section 7384l(1) of this title) for
    the purposes of the compensation program required by section 7384d
    of this title unless the President submits to Congress not later
    than 180 days after October 30, 2000, the certification of the
    President that there is insufficient basis to include such
    employees. The President shall submit with the certification any
    recommendations about the compensation program with respect to
    covered employees with chronic silicosis as the President considers
    appropriate.
    (c) Exposure to silica in the performance of duty
      A covered employee shall, in the absence of substantial evidence
    to the contrary, be determined to have been exposed to silica in
    the performance of duty for the purposes of the compensation
    program if, and only if, the employee was present for a number of
    work days aggregating at least 250 work days during the mining of
    tunnels at a Department of Energy facility located in Nevada or
    Alaska for tests or experiments related to an atomic weapon.
    (d) Covered employee with chronic silicosis
      For purposes of this subchapter, the term "covered employee with
    chronic silicosis" means a Department of Energy employee, or a
    Department of Energy contractor employee, with chronic silicosis
    who was exposed to silica in the performance of duty as determined
    under subsection (c) of this section.
    (e) Chronic silicosis
      For purposes of this subchapter, the term "chronic silicosis"
    means a nonmalignant lung disease if - 
        (1) the initial occupational exposure to silica dust preceded
      the onset of silicosis by at least 10 years; and
        (2) a written diagnosis of silicosis is made by a medical
      doctor and is accompanied by - 
          (A) a chest radiograph, interpreted by an individual
        certified by the National Institute for Occupational Safety and
        Health as a B reader, classifying the existence of
        pneumoconioses of category 1/0 or higher;
          (B) results from a computer assisted tomograph or other
        imaging technique that are consistent with silicosis; or
          (C) lung biopsy findings consistent with silicosis.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3627], Oct. 30,
    2000, 114 Stat. 1654, 1654A-505; Pub. L. 107-107, div. C, title
    XXXI, Sec. 3151(a)(3), Dec. 28, 2001, 115 Stat. 1372.)

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (e)(2)(A). Pub. L. 107-107 substituted "category
    1/0" for "category 1/1".

-End-

-CITE-
    42 USC Sec. 7384s                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384s. Compensation and benefits to be provided

-STATUTE-
    (a) Compensation provided
      (1) Except as provided in paragraph (2), a covered employee, or
    the survivor of that covered employee if the employee is deceased,
    shall receive compensation for the disability or death of that
    employee from that employee's occupational illness in the amount of
    $150,000.
      (2) A covered employee shall, to the extent that employee's
    occupational illness is established beryllium sensitivity, receive
    beryllium sensitivity monitoring under subsection (c) of this
    section in lieu of compensation under paragraph (1).
    (b) Medical benefits
      A covered employee shall receive medical benefits under section
    7384t of this title for that employee's occupational illness.
    (c) Beryllium sensitivity monitoring
      An individual receiving beryllium sensitivity monitoring under
    this subsection shall receive the following:
        (1) A thorough medical examination to confirm the nature and
      extent of the individual's established beryllium sensitivity.
        (2) Regular medical examinations thereafter to determine
      whether that individual has developed established chronic
      beryllium disease.
    (d) Payment from compensation fund
      The compensation provided under this section, when authorized or
    approved by the President, shall be paid from the compensation fund
    established under section 7384e of this title.
    (e) Payments in the case of deceased persons
      (1) In the case of a covered employee who is deceased at the time
    of payment of compensation under this section, whether or not the
    death is the result of the covered employee's occupational illness,
    such payment may be made only as follows:
        (A) If the covered employee is survived by a spouse who is
      living at the time of payment, such payment shall be made to such
      surviving spouse.
        (B) If there is no surviving spouse described in subparagraph
      (A), such payment shall be made in equal shares to all children
      of the covered employee who are living at the time of payment.
        (C) If there is no surviving spouse described in subparagraph
      (A) and if there are no children described in subparagraph (B),
      such payment shall be made in equal shares to the parents of the
      covered employee who are living at the time of payment.
        (D) If there is no surviving spouse described in subparagraph
      (A), and if there are no children described in subparagraph (B)
      or parents described in subparagraph (C), such payment shall be
      made in equal shares to all grandchildren of the covered employee
      who are living at the time of payment.
        (E) If there is no surviving spouse described in subparagraph
      (A), and if there are no children described in subparagraph (B),
      parents described in subparagraph (C), or grandchildren described
      in subparagraph (D), then such payment shall be made in equal
      shares to the grandparents of the covered employee who are living
      at the time of payment.
        (F) Notwithstanding the other provisions of this paragraph, if
      there is - 
          (i) a surviving spouse described in subparagraph (A); and
          (ii) at least one child of the covered employee who is living
        and a minor at the time of payment and who is not a recognized
        natural child or adopted child of such surviving spouse,

      then half of such payment shall be made to such surviving spouse,
      and the other half of such payment shall be made in equal shares
      to each child of the covered employee who is living and a minor
      at the time of payment.

      (2) If a covered employee eligible for payment dies before filing
    a claim under this subchapter, a survivor of that employee who may
    receive payment under paragraph (1) may file a claim for such
    payment.
      (3) For purposes of this subsection - 
        (A) the "spouse" of an individual is a wife or husband of that
      individual who was married to that individual for at least one
      year immediately before the death of that individual;
        (B) a "child" includes a recognized natural child, a stepchild
      who lived with an individual in a regular parent-child
      relationship, and an adopted child;
        (C) a "parent" includes fathers and mothers through adoption;
        (D) a "grandchild" of an individual is a child of a child of
      that individual; and
        (E) a "grandparent" of an individual is a parent of a parent of
      that individual.
    (f) Effective date
      This section shall take effect on July 31, 2001, unless Congress
    otherwise provides in an Act enacted before that date.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3628], Oct. 30,
    2000, 114 Stat. 1654, 1654A-506; Pub. L. 107-107, div. C, title
    XXXI, Sec. 3151(a)(4)(A), Dec. 28, 2001, 115 Stat. 1372.)

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (e). Pub. L. 107-107 amended heading and text of
    subsec. (e) generally. Prior to amendment, text read as follows:
      "(1) Subject to the provisions of this section, if a covered
    employee dies before the effective date specified in subsection (f)
    of this section, whether or not the death is a result of that
    employee's occupational illness, a survivor of that employee may,
    on behalf of that survivor and any other survivors of that
    employee, receive the compensation provided for under this section.
      "(2) The right to receive compensation under this section shall
    be afforded to survivors in the same order of precedence as that
    set forth in section 8109 of title 5."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-107 effective July 1, 2001, see section
    3151(a)(4)(D) of Pub. L. 107-107, set out as a note under section
    7384l of this title.

-End-

-CITE-
    42 USC Sec. 7384t                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384t. Medical benefits

-STATUTE-
    (a) Medical benefits provided
      The United States shall furnish, to an individual receiving
    medical benefits under this section for an illness, the services,
    appliances, and supplies prescribed or recommended by a qualified
    physician for that illness, which the President considers likely to
    cure, give relief, or reduce the degree or the period of that
    illness.
    (b) Persons furnishing benefits
      (1) These services, appliances, and supplies shall be furnished
    by or on the order of United States medical officers and hospitals,
    or, at the individual's option, by or on the order of physicians
    and hospitals designated or approved by the President.
      (2) The individual may initially select a physician to provide
    medical services, appliances, and supplies under this section in
    accordance with such regulations and instructions as the President
    considers necessary.
    (c) Transportation and expenses
      The individual may be furnished necessary and reasonable
    transportation and expenses incident to the securing of such
    services, appliances, and supplies.
    (d) Commencement of benefits
      An individual receiving benefits under this section shall be
    furnished those benefits as of the date on which that individual
    submitted the claim for those benefits in accordance with this
    subchapter.
    (e) Payment from compensation fund
      The benefits provided under this section, when authorized or
    approved by the President, shall be paid from the compensation fund
    established under section 7384e of this title.
    (f) Effective date
      This section shall take effect on July 31, 2001, unless Congress
    otherwise provides in an Act enacted before that date.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3629], Oct. 30,
    2000, 114 Stat. 1654, 1654A-507.)

-End-

-CITE-
    42 USC Sec. 7384u                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384u. Separate treatment of certain uranium employees

-STATUTE-
    (a) Compensation provided
      An individual who receives, or has received, $100,000 under
    section 5 of the Radiation Exposure Compensation Act (42 U.S.C.
    2210 note) for a claim made under that Act (hereafter in this
    section referred to as a "covered uranium employee"), or the
    survivor of that covered uranium employee if the employee is
    deceased, shall receive compensation under this section in the
    amount of $50,000.
    (b) Medical benefits
      A covered uranium employee shall receive medical benefits under
    section 7384t of this title for the illness for which that employee
    received $100,000 under section 5 of that Act.
    (c) Coordination with RECA
      The compensation and benefits provided in subsections (a) and (b)
    of this section are separate from any compensation or benefits
    provided under that Act.
    (d) Payment from compensation fund
      The compensation provided under this section and the compensation
    provided under section 5 of the Radiation Exposure Compensation
    Act, when authorized or approved by the President, shall be paid
    from the compensation fund established under section 7384e of this
    title.
    (e) Payments in the case of deceased persons
      (1) In the case of a covered employee who is deceased at the time
    of payment of compensation under this section, whether or not the
    death is the result of the covered employee's occupational illness,
    such payment may be made only as follows:
        (A) If the covered employee is survived by a spouse who is
      living at the time of payment, such payment shall be made to such
      surviving spouse.
        (B) If there is no surviving spouse described in subparagraph
      (A), such payment shall be made in equal shares to all children
      of the covered employee who are living at the time of payment.
        (C) If there is no surviving spouse described in subparagraph
      (A) and if there are no children described in subparagraph (B),
      such payment shall be made in equal shares to the parents of the
      covered employee who are living at the time of payment.
        (D) If there is no surviving spouse described in subparagraph
      (A), and if there are no children described in subparagraph (B)
      or parents described in subparagraph (C), such payment shall be
      made in equal shares to all grandchildren of the covered employee
      who are living at the time of payment.
        (E) If there is no surviving spouse described in subparagraph
      (A), and if there are no children described in subparagraph (B),
      parents described in subparagraph (C), or grandchildren described
      in subparagraph (D), then such payment shall be made in equal
      shares to the grandparents of the covered employee who are living
      at the time of payment.
        (F) Notwithstanding the other provisions of this paragraph, if
      there is - 
          (i) a surviving spouse described in subparagraph (A); and
          (ii) at least one child of the covered employee who is living
        and a minor at the time of payment and who is not a recognized
        natural child or adopted child of such surviving spouse,

      then half of such payment shall be made to such surviving spouse,
      and the other half of such payment shall be made in equal shares
      to each child of the covered employee who is living and a minor
      at the time of payment.

      (2) If a covered employee eligible for payment dies before filing
    a claim under this subchapter, a survivor of that employee who may
    receive payment under paragraph (1) may file a claim for such
    payment.
      (3) For purposes of this subsection - 
        (A) the "spouse" of an individual is a wife or husband of that
      individual who was married to that individual for at least one
      year immediately before the death of that individual;
        (B) a "child" includes a recognized natural child, a stepchild
      who lived with an individual in a regular parent-child
      relationship, and an adopted child;
        (C) a "parent" includes fathers and mothers through adoption;
        (D) a "grandchild" of an individual is a child of a child of
      that individual; and
        (E) a "grandparent" of an individual is a parent of a parent of
      that individual.
    (f) Procedures required
      The President shall establish procedures to identify and notify
    each covered uranium employee, or the survivor of that covered
    uranium employee if that employee is deceased, of the availability
    of compensation and benefits under this section.
    (g) Effective date
      This section shall take effect on July 31, 2001, unless Congress
    otherwise provides in an Act enacted before that date.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3630], Oct. 30,
    2000, 114 Stat. 1654, 1654A-507; Pub. L. 107-107, div. C, title
    XXXI, Sec. 3151(a)(4)(B), Dec. 28, 2001, 115 Stat. 1373; Pub. L.
    108-375, div. C, title XXXI, Sec. 3165(a), Oct. 28, 2004, 118 Stat.
    2187.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Radiation Exposure Compensation Act, referred to in subsecs.
    (a) to (d), is Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as
    amended, which is set out as a note under section 2210 of this
    title.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-375 inserted "and the
    compensation provided under section 5 of the Radiation Exposure
    Compensation Act" after "The compensation provided under this
    section".
      2001 - Subsec. (e). Pub. L. 107-107 amended heading and text of
    subsec. (e) generally. Prior to amendment, text read as follows:
      "(1) Subject to the provisions of this section, if a covered
    uranium employee dies before the effective date specified in
    subsection (g) of this section, whether or not the death is a
    result of the illness specified in subsection (b) of this section,
    a survivor of that employee may, on behalf of that survivor and any
    other survivors of that employee, receive the compensation provided
    for under this section.
      "(2) The right to receive compensation under this section shall
    be afforded to survivors in the same order of precedence as that
    set forth in section 8109 of title 5."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-107 effective July 1, 2001, see section
    3151(a)(4)(D) of Pub. L. 107-107, set out as a note under section
    7384l of this title.

-End-

-CITE-
    42 USC Sec. 7384v                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384v. Assistance for claimants and potential claimants

-STATUTE-
    (a) Assistance for claimants
      The President shall, upon the receipt of a request for assistance
    from a claimant under the compensation program, provide assistance
    to the claimant in connection with the claim, including - 
        (1) assistance in securing medical testing and diagnostic
      services necessary to establish the existence of a covered
      beryllium illness, chronic silicosis, or cancer; and
        (2) such other assistance as may be required to develop facts
      pertinent to the claim.
    (b) Assistance for potential claimants
      The President shall take appropriate actions to inform and assist
    covered employees who are potential claimants under the
    compensation program, and other potential claimants under the
    compensation program, of the availability of compensation under the
    compensation program, including actions to - 
        (1) ensure the ready availability, in paper and electronic
      format, of forms necessary for making claims;
        (2) provide such covered employees and other potential
      claimants with information and other support necessary for making
      claims, including - 
          (A) medical protocols for medical testing and diagnosis to
        establish the existence of a covered beryllium illness, chronic
        silicosis, or cancer; and
          (B) lists of vendors approved for providing laboratory
        services related to such medical testing and diagnosis; and

        (3) provide such additional assistance to such covered
      employees and other potential claimants as may be required for
      the development of facts pertinent to a claim.
    (c) Information from beryllium vendors and other contractors
      As part of the assistance program provided under subsections (a)
    and (b) of this section, and as permitted by law, the Secretary of
    Energy shall, upon the request of the President, require a
    beryllium vendor or other Department of Energy contractor or
    subcontractor to provide information relevant to a claim or
    potential claim under the compensation program to the President.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3631], Oct. 30,
    2000, 114 Stat. 1654, 1654A-508.)

-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of certain functions of the President under this
    section, see Ex. Ord. No. 13179, Dec. 7, 2000, 65 F.R. 77487, set
    out as a note under section 7384 of this title.

-End-

-CITE-
    42 USC Sec. 7384w                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384w. Subpoenas; oaths; examination of witnesses

-STATUTE-
      The Secretary of Labor, with respect to any matter under this
    part, may - 
        (1) issue subpoenas for and compel the attendance of witnesses;
        (2) administer oaths;
        (3) examine witnesses; and
        (4) require the production of books, papers, documents, and
      other evidence.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3632], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3163(a), Oct. 28, 2004,
    118 Stat. 2186.)

-End-

-CITE-
    42 USC Sec. 7384w-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part B - Program Administration

-HEAD-
    Sec. 7384w-1. Completion of site profiles

-STATUTE-
    (a) In general
      To the extent that the Secretary of Labor determines it useful
    and practicable, the Secretary of Labor shall direct the Director
    of the National Institute for Occupational Safety and Health to
    prepare site profiles for a Department of Energy facility based on
    the records, files, and other data provided by the Secretary of
    Energy and such other information as is available, including
    information available from the former worker medical screening
    programs of the Department of Energy.
    (b) Information
      The Secretary of Energy shall furnish to the Secretary of Labor
    any information that the Secretary of Labor finds necessary or
    useful for the production of such site profiles, including records
    from the Department of Energy former worker medical screening
    program.
    (c) Definition
      In this section, the term "site profile" means an exposure
    assessment of a facility that identifies the toxic substances or
    processes that were commonly used in each building or process of
    the facility, and the time frame during which the potential for
    exposure to toxic substances existed.
    (d) Time frames
      The Secretary of Health and Human Services shall establish time
    frames for completing site profiles for those Department of Energy
    facilities for which a site profile has not been completed. Not
    later than March 1, 2005, the Secretary of Health and Human
    Services shall submit to Congress a report setting forth those time
    frames.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3633], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3166(c), Oct. 28, 2004,
    118 Stat. 2189.)

-End-

-CITE-
    42 USC Part C - Treatment, Coordination, and Forfeiture
                     of Compensation and Benefits          01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
     PART C - TREATMENT, COORDINATION, AND FORFEITURE OF COMPENSATION
                               AND BENEFITS

-End-

-CITE-
    42 USC Sec. 7385                                            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385. Offset for certain payments

-STATUTE-
      A payment of compensation to an individual, or to a survivor of
    that individual, under this subchapter shall be offset by the
    amount of any payment made pursuant to a final award or settlement
    on a claim (other than a claim for worker's compensation), against
    any person, that is based on injuries incurred by that individual
    on account of the exposure for which compensation is payable under
    this subchapter.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3641], Oct. 30,
    2000, 114 Stat. 1654, 1654A-509; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(a), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375 substituted "this subchapter" for "part B"
    and "on account of the exposure for which compensation is payable
    under this subchapter" for "on account of the exposure of a covered
    beryllium employee, covered employee with cancer, covered employee
    with chronic silicosis (as defined in section 7384r of this title),
    or covered uranium employee (as defined in section 7384u of this
    title), while so employed, to beryllium, radiation, silica, or
    radiation, respectively".

-End-

-CITE-
    42 USC Sec. 7385a                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385a. Subrogation of the United States

-STATUTE-
      Upon payment of compensation under this subchapter, the United
    States is subrogated for the amount of the payment to a right or
    claim that the individual to whom the payment was made may have
    against any person on account of injuries referred to in section
    7385 of this title.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3642], Oct. 30,
    2000, 114 Stat. 1654, 1654A-509; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(b), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375 substituted "this subchapter" for "part
    B".

-End-

-CITE-
    42 USC Sec. 7385b                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385b. Payment in full settlement of claims

-STATUTE-
      Except as provided in part E, the acceptance by an individual of
    payment of compensation under part B with respect to a covered
    employee shall be in full satisfaction of all claims of or on
    behalf of that individual against the United States, against a
    Department of Energy contractor or subcontractor, beryllium vendor,
    or atomic weapons employer, or against any person with respect to
    that person's performance of a contract with the United States,
    that arise out of an exposure referred to in section 7385 of this
    title.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3643], Oct. 30,
    2000, 114 Stat. 1654, 1654A-509; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(c), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375 substituted "Except as provided in part E,
    the acceptance" for "The acceptance".

-End-

-CITE-
    42 USC Sec. 7385c                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385c. Exclusivity of remedy against the United States and
      against contractors and subcontractors

-STATUTE-
    (a) In general
      The liability of the United States or an instrumentality of the
    United States under this subchapter with respect to a cancer
    (including a specified cancer), chronic silicosis, covered
    beryllium illness, or death related thereto of a covered employee
    is exclusive and instead of all other liability - 
        (1) of - 
          (A) the United States;
          (B) any instrumentality of the United States;
          (C) a contractor that contracted with the Department of
        Energy to provide management and operation, management and
        integration, or environmental remediation of a Department of
        Energy facility (in its capacity as a contractor);
          (D) a subcontractor that provided services, including
        construction, at a Department of Energy facility (in its
        capacity as a subcontractor); and
          (E) an employee, agent, or assign of an entity specified in
        subparagraphs (A) through (D);

        (2) to - 
          (A) the covered employee;
          (B) the covered employee's legal representative, spouse,
        dependents, survivors, and next of kin; and
          (C) any other person, including any third party as to whom
        the covered employee, or the covered employee's legal
        representative, spouse, dependents, survivors, or next of kin,
        has a cause of action relating to the cancer (including a
        specified cancer), chronic silicosis, covered beryllium
        illness, or death, otherwise entitled to recover damages from
        the United States, the instrumentality, the contractor, the
        subcontractor, or the employee, agent, or assign of one of
        them,

    because of the cancer (including a specified cancer), chronic
    silicosis, covered beryllium illness, or death in any proceeding or
    action including a direct judicial proceeding, a civil action, a
    proceeding in admiralty, or a proceeding under a tort liability
    statute or the common law.
    (b) Applicability
      This section applies to all cases filed on or after October 30,
    2000.
    (c) Workers' compensation
      This section does not apply to an administrative or judicial
    proceeding under a Federal or State workers' compensation law.
    (d) Applicability to part E
      This section applies with respect to part E to the covered
    medical condition or covered illness or death of a covered DOE
    contractor employee on the same basis as it applies with respect to
    part B to the cancer (including a specified cancer), chronic
    silicosis, covered beryllium illness, or death of a covered
    employee.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3644], Oct. 30,
    2000, 114 Stat. 1654, 1654A-509; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(d), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d). Pub. L. 108-375 added subsec. (d).

-End-

-CITE-
    42 USC Sec. 7385d                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385d. Election of remedy for beryllium employees and atomic
      weapons employees

-STATUTE-
    (a) Effect of tort cases filed before enactment of original law
      (1) Except as provided in paragraph (2), if an otherwise eligible
    individual filed a tort case specified in subsection (d) of this
    section before October 30, 2000, such individual shall be eligible
    for compensation and benefits under part B.
      (2) If such tort case remained pending as of December 28, 2001,
    and such individual does not dismiss such tort case before December
    31, 2003, such individual shall not be eligible for such
    compensation or benefits.
    (b) Effect of tort cases filed between enactment of original law
      and enactment of 2001 amendments
      (1) Except as provided in paragraph (2), if an otherwise eligible
    individual filed a tort case specified in subsection (d) of this
    section during the period beginning on October 30, 2000, and ending
    on December 28, 2001, such individual shall not be eligible for
    such compensation or benefits.
      (2) If such individual dismisses such tort case on or before the
    last permissible date specified in paragraph (3), such individual
    shall be eligible for such compensation or benefits.
      (3) The last permissible date referred to in paragraph (2) is the
    later of the following dates:
        (A) April 30, 2003.
        (B) The date that is 30 months after the date the individual
      first becomes aware that an illness covered by part B of a
      covered employee may be connected to the exposure of the covered
      employee in the performance of duty under section 7384n of this
      title.
    (c) Effect of tort cases filed after enactment of 2001 amendments
      (1) If an otherwise eligible individual files a tort case
    specified in subsection (d) of this section after December 28,
    2001, such individual shall not be eligible for such compensation
    or benefits if a final court decision is entered against such
    individual in such tort case.
      (2) If such a final court decision is not entered, such
    individual shall nonetheless not be eligible for such compensation
    or benefits, except as follows: If such individual dismisses such
    tort case on or before the last permissible date specified in
    paragraph (3), such individual shall be eligible for such
    compensation and benefits.
      (3) The last permissible date referred to in paragraph (2) is the
    later of the following dates:
        (A) April 30, 2003.
        (B) The date that is 30 months after the date the individual
      first becomes aware that an illness covered by part B of a
      covered employee may be connected to the exposure of the covered
      employee in the performance of duty under section 7384n of this
      title.
    (d) Covered tort cases
      A tort case specified in this subsection is a tort case alleging
    a claim referred to in section 7385b of this title against a
    beryllium vendor or atomic weapons employer.
    (e) Workers' compensation
      This section does not apply to an administrative or judicial
    proceeding under a State or Federal workers' compensation law.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3645], Oct. 30,
    2000, 114 Stat. 1654, 1654A-510; Pub. L. 107-107, div. C, title
    XXXI, Sec. 3151(a)(5), Dec. 28, 2001, 115 Stat. 1374.)

-MISC1-
                                AMENDMENTS                            
      2001 - Subsecs. (a) to (d). Pub. L. 107-107 amended headings and
    text of subsecs. (a) to (d) generally, substituting present
    provisions for provisions relating to election to file suit in
    subsec. (a), applicable time limits in subsec. (b), dismissal of
    claims in subsec. (c), and dismissal of pending suit in subsec.
    (d).

-End-

-CITE-
    42 USC Sec. 7385e                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385e. Certification of treatment of payments under other laws

-STATUTE-
      Compensation or benefits provided to an individual under this
    subchapter - 
        (1) shall be treated for purposes of the internal revenue laws
      of the United States as damages for human suffering; and
        (2) shall not be included as income or resources for purposes
      of determining eligibility to receive benefits described in
      section 3803(c)(2)(C) of title 31 or the amount of such benefits.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3646], Oct. 30,
    2000, 114 Stat. 1654, 1654A-510; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(e), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375 substituted "this subchapter" for "part
    B".

-End-

-CITE-
    42 USC Sec. 7385f                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385f. Claims not assignable or transferable; choice of
      remedies

-STATUTE-
    (a) Claims not assignable or transferable
      No claim cognizable under this subchapter shall be assignable or
    transferable.
    (b) Choice of remedies
      No individual may receive more than one payment of compensation
    under part B.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3647], Oct. 30,
    2000, 114 Stat. 1654, 1654A-511; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(f), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-375 substituted "this subchapter"
    for "part B".

-End-

-CITE-
    42 USC Sec. 7385g                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385g. Attorney fees

-STATUTE-
    (a) General rule
      Notwithstanding any contract, the representative of an individual
    may not receive, for services rendered in connection with the claim
    of an individual for payment of lump-sum compensation under part B,
    more than that percentage specified in subsection (b) of this
    section of a payment made under part B on such claim.
    (b) Applicable percentage limitations
      The percentage referred to in subsection (a) of this section is -
    
        (1) 2 percent for the filing of an initial claim for payment of
      lump-sum compensation; and
        (2) 10 percent with respect to objections to a recommended
      decision denying payment of lump-sum compensation.
    (c) Inapplicability to other services
      This section shall not apply with respect to services rendered
    that are not in connection with such a claim for payment of lump-
    sum compensation.
    (d) Penalty
      Any such representative who violates this section shall be fined
    not more than $5,000.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3648], Oct. 30,
    2000, 114 Stat. 1654, 1654A-511; Pub. L. 107-107, div. C, title
    XXXI, Sec. 3151(a)(6), Dec. 28, 2001, 115 Stat. 1375.)

-MISC1-
                                AMENDMENTS                            
      2001 - Subsec. (a). Pub. L. 107-107, Sec. 3151(a)(6)(A), inserted
    "for payment of lump-sum compensation" after "the claim of an
    individual".
      Subsec. (b)(1). Pub. L. 107-107, Sec. 3151(a)(6)(B), inserted
    "for payment of lump-sum compensation" after "initial claim".
      Subsec. (b)(2). Pub. L. 107-107, Sec. 3151(a)(6)(C), substituted
    "with respect to objections to a recommended decision denying
    payment of lump-sum compensation" for "with respect to any claim
    with respect to which a representative has made a contract for
    services before October 30, 2000".
      Subsecs. (c), (d). Pub. L. 107-107, Sec. 3151(a)(6)(D), (E),
    added subsec. (c) and redesignated former subsec. (c) as (d).

-End-

-CITE-
    42 USC Sec. 7385h                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385h. Certain claims not affected by awards of damages

-STATUTE-
      A payment under this subchapter shall not be considered as any
    form of compensation or reimbursement for a loss for purposes of
    imposing liability on any individual receiving such payment, on the
    basis of such receipt, to repay any insurance carrier for insurance
    payments, or to repay any person on account of worker's
    compensation payments; and a payment under this subchapter shall
    not affect any claim against an insurance carrier with respect to
    insurance or against any person with respect to worker's
    compensation.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3649], Oct. 30,
    2000, 114 Stat. 1654, 1654A-511; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(g), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-375 substituted "this subchapter" for "part B"
    in two places.

-End-

-CITE-
    42 USC Sec. 7385i                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385i. Forfeiture of benefits by convicted felons

-STATUTE-
    (a) Forfeiture of compensation
      Any individual convicted of a violation of section 1920 of title
    18, or any other Federal or State criminal statute relating to
    fraud in the application for or receipt of any benefit under this
    subchapter or under any other Federal or State workers'
    compensation law, shall forfeit (as of the date of such conviction)
    any entitlement to any compensation or benefit under this
    subchapter such individual would otherwise be awarded for any
    injury, illness or death covered by this subchapter for which the
    time of injury was on or before the date of the conviction.
    (b) Information
      Notwithstanding section 552a of title 5, or any other Federal or
    State law, an agency of the United States, a State, or a political
    subdivision of a State shall make available to the President, upon
    written request from the President and if the President requires
    the information to carry out this section, the names and Social
    Security account numbers of individuals confined, for conviction of
    a felony, in a jail, prison, or other penal institution or
    correctional facility under the jurisdiction of that agency.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3650], Oct. 30,
    2000, 114 Stat. 1654, 1654A-511; Pub. L. 108-375, div. C, title
    XXXI, Sec. 3162(h), Oct. 28, 2004, 118 Stat. 2186.)

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-375 substituted "this subchapter"
    for "part B" wherever appearing.

-End-

-CITE-
    42 USC Sec. 7385j                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385j. Coordination with other Federal radiation compensation
      laws

-STATUTE-
      Except in accordance with section 7384u of this title, an
    individual may not receive compensation or benefits under the
    compensation program for cancer and also receive compensation under
    the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) or
    section 1112(c) of title 38.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3651], Oct. 30,
    2000, 114 Stat. 1654, 1654A-512.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Radiation Exposure Compensation Act, referred to in text, is
    Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended, which is
    set out as a note under section 2210 of this title.

-End-

-CITE-
    42 USC Sec. 7385j-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385j-1. Social Security earnings information

-STATUTE-
      Notwithstanding the provision of section 552a of title 5 or any
    other provision of Federal or State law, the Social Security
    Administration shall make available to the Secretary of Labor, upon
    written request, the Social Security earnings information of living
    or deceased employees who may have sustained an illness that is the
    subject of a claim under this subchapter, which the Secretary of
    Labor may require to carry out the provisions of this subchapter.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3652], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3163(b), Oct. 28, 2004,
    118 Stat. 2187.)

-End-

-CITE-
    42 USC Sec. 7385j-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part C - Treatment, Coordination, and Forfeiture of Compensation and
              Benefits                                

-HEAD-
    Sec. 7385j-2. Recovery and waiver of overpayments

-STATUTE-
    (a) In general
      When an overpayment has been made to an individual under this
    subchapter because of an error of fact or law, recovery shall be
    made under regulations prescribed by the Secretary of Labor by
    decreasing later payments to which the individual is entitled. If
    the individual dies before the recovery is completed, recovery
    shall be made by decreasing later benefits payable under this
    subchapter with respect to the individual's death.
    (b) Waiver
      Recovery by the United States under this section may not be made
    when incorrect payment has been made to an individual who is
    without fault and when adjustment or recovery would defeat the
    purpose of this subchapter or would be against equity and good
    conscience.
    (c) Liability
      A certifying or disbursing official is not liable for an amount
    certified or paid by him when recovery of the amount is waived
    under subsection (b) of this section, or when recovery under
    subsection (a) of this section is not completed before the death of
    all individuals against whose benefits deductions are authorized.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3653], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3163(c), Oct. 28, 2004,
    118 Stat. 2187.)

-End-

-CITE-
    42 USC Part D - Assistance in State Workers' Compensation
                     Proceedings                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part D - Assistance in State Workers' Compensation Proceedings

-HEAD-
      PART D - ASSISTANCE IN STATE WORKERS' COMPENSATION PROCEEDINGS  

-End-

-CITE-
    42 USC Sec. 7385o                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part D - Assistance in State Workers' Compensation Proceedings

-HEAD-
    Sec. 7385o. Repealed. Pub. L. 108-375, div. C, title XXXI, Sec.
      3162(i), Oct. 28, 2004, 118 Stat. 2186

-MISC1-
      Section, Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec.
    3661], Oct. 30, 2000, 114 Stat. 1654, 1654A-512, authorized
    Secretary of Energy to enter agreements with States to provide
    assistance to Department of Energy contractor employees in filing
    claims under the appropriate State workers' compensation system.

-End-

-CITE-
    42 USC Part E - Contractor Employee Compensation            01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
                 PART E - CONTRACTOR EMPLOYEE COMPENSATION             

-End-

-CITE-
    42 USC Sec. 7385s                                           01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s. Definitions

-STATUTE-
      In this part:
        (1) The term "covered DOE contractor employee" means any
      Department of Energy contractor employee determined under section
      7385s-4 of this title to have contracted a covered illness
      through exposure at a Department of Energy facility.
        (2) The term "covered illness" means an illness or death
      resulting from exposure to a toxic substance.
        (3) The term "Secretary" means the Secretary of Labor.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3671], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2178.)

-End-

-CITE-
    42 USC Sec. 7385s-1                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-1. Compensation to be provided

-STATUTE-
      Subject to the other provisions of this part:
      (1) Contractor employees
        A covered DOE contractor employee shall receive contractor
      employee compensation under this part in accordance with section
      7385s-2 of this title.
      (2) Survivors
        After the death of a covered DOE contractor employee,
      compensation referred to in paragraph (1) shall not be paid.
      Instead, the survivor of that employee shall receive compensation
      as follows:
          (A) Except as provided in subparagraph (B), the survivor of
        that employee shall receive contractor employee compensation
        under this part in accordance with section 7385s-3 of this
        title.
          (B) In a case in which the employee's death occurred after
        the employee applied under this part and before compensation
        was paid under paragraph (1), and the employee's death occurred
        from a cause other than the covered illness of the employee,
        the survivor of that employee may elect to receive, in lieu of
        compensation under subparagraph (A), the amount of contractor
        employee compensation that the employee would have received in
        accordance with section 7385s-2 of this title if the employee's
        death had not occurred before compensation was paid under
        paragraph (1).

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3672], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2178.)

-End-

-CITE-
    42 USC Sec. 7385s-2                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-2. Compensation schedule for contractor employees

-STATUTE-
    (a) Compensation provided
      The amount of contractor employee compensation under this part
    for a covered DOE contractor employee shall be the sum of the
    amounts determined under paragraphs (1) and (2), as follows:
      (1) Impairment
        (A) The Secretary shall determine - 
          (i) the minimum impairment rating of that employee, expressed
        as a number of percentage points; and
          (ii) the number of those points that are the result of any
        covered illness contracted by that employee through exposure to
        a toxic substance at a Department of Energy facility.

        (B) The employee shall receive an amount under this paragraph
      equal to $2,500 multiplied by the number referred to in clause
      (ii) of subparagraph (A).
      (2) Wage loss
        (A) The Secretary shall determine - 
          (i) the calendar month during which the employee first
        experienced wage loss as the result of any covered illness
        contracted by that employee through exposure to a toxic
        substance at a Department of Energy facility;
          (ii) the average annual wage of the employee for the 36-month
        period immediately preceding the calendar month referred to in
        clause (i), excluding any portions of that period during which
        the employee was unemployed; and
          (iii) beginning with the calendar year that includes the
        calendar month referred to in clause (i), through and including
        the calendar year during which the employee attained normal
        retirement age (for purposes of the Social Security Act [42
        U.S.C. 301 et seq.]) - 
            (I) the number of calendar years during which, as the
          result of any covered illness contracted by that employee
          through exposure to a toxic substance at a Department of
          Energy facility, the employee's annual wage exceeded 50
          percent of the average annual wage determined under clause
          (ii), but did not exceed 75 percent of the average annual
          wage determined under clause (ii); and
            (II) the number of calendar years during which, as the
          result of any covered illness contracted by that employee
          through exposure to a toxic substance at a Department of
          Energy facility, the employee's annual wage did not exceed 50
          percent of the average annual wage determined under clause
          (ii).

        (B) The employee shall receive an amount under this paragraph
      equal to the sum of - 
          (i) $10,000 multiplied by the number referred to in clause
        (iii)(I) of subparagraph (A); and
          (ii) $15,000 multiplied by the number referred to in clause
        (iii)(II) of subparagraph (A).
    (b) Determination of minimum impairment rating
      For purposes of subsection (a) of this section, a minimum
    impairment rating shall be determined in accordance with the
    American Medical Association's Guides to the Evaluation of
    Permanent Impairment.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3673], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2179.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a)(2)(A)(iii),
    is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of this title.
    For complete classification of this Act to the Code, see section
    1305 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 7385s-3                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-3. Compensation schedule for survivors

-STATUTE-
    (a) Categories of compensation
      The amount of contractor employee compensation under this part
    for the survivor of a covered DOE contractor employee shall be
    determined as follows:
      (1) Category one
        The survivor shall receive the amount of $125,000, if the
      Secretary determines that - 
          (A) the employee would have been entitled to compensation
        under section 7385s-4 of this title for a covered illness; and
          (B) it is at least as likely as not that exposure to a toxic
        substance at a Department of Energy facility was a significant
        factor in aggravating, contributing to, or causing the death of
        such employee.
      (2) Category two
        The survivor shall receive the amount of $150,000, if paragraph
      (1) applies to the employee and the Secretary also determines
      that there was an aggregate period of not less than 10 years,
      before the employee attained normal retirement age (for purposes
      of the Social Security Act [42 U.S.C. 301 et seq.]), during
      which, as the result of any covered illness contracted by that
      employee through exposure to a toxic substance at a Department of
      Energy facility, the employee's annual wage did not exceed 50
      percent of the average annual wage of that employee, as
      determined under section 7385s-2(a)(2)(A)(ii) of this title.
      (3) Category three
        The survivor shall receive the amount of $175,000, if paragraph
      (1) applies to the employee and the Secretary also determines
      that there was an aggregate period of not less than 20 years,
      before the employee attained normal retirement age (for purposes
      of the Social Security Act [42 U.S.C. 301 et seq.]), during
      which, as the result of any covered illness contracted by that
      employee through exposure to a toxic substance at a Department of
      Energy facility, the employee's annual wage did not exceed 50
      percent of the average annual wage of that employee, as
      determined under section 7385s-2(a)(2)(A)(ii) of this title.
    (b) One amount only
      The survivor of a covered DOE contractor employee to whom more
    than one amount under subsection (a) of this section applies shall
    receive only the highest such amount.
    (c) Determination and allocation of shares
      The amount under subsection (a) of this section shall be paid
    only as follows:
        (1) If a covered spouse is alive at the time of payment, such
      payment shall be made to such surviving spouse.
        (2) If there is no covered spouse described in paragraph (1),
      such payment shall be made in equal shares to all covered
      children who are alive at the time of payment.
        (3) Notwithstanding the other provisions of this subsection, if
      there is - 
          (A) a covered spouse described in paragraph (1); and
          (B) at least one covered child of the employee who is living
        at the time of payment and who is not a recognized natural
        child or adopted child of such covered spouse,

      then half of such payment shall be made to such covered spouse,
      and the other half of such payment shall be made in equal shares
      to each covered child of the employee who is living at the time
      of payment.
    (d) Definitions
      In this section:
        (1) The term "covered spouse" means a spouse of the employee
      who was married to the employee for at least one year immediately
      before the employee's death.
        (2) The term "covered child" means a child of the employee who,
      as of the employee's death - 
          (A) had not attained the age of 18 years;
          (B) had not attained the age of 23 years and was a full-time
        student who had been continuously enrolled as a full-time
        student in one or more educational institutions since attaining
        the age of 18 years; or
          (C) had been incapable of self-support.

        (3) The term "child" includes a recognized natural child, a
      stepchild who lived with an individual in a regular parent-child
      relationship, and an adopted child.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3674], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2180.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a)(2), (3), is
    act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of this title.
    For complete classification of this Act to the Code, see section
    1305 of this title and Tables.

-End-

-CITE-
    42 USC Sec. 7385s-4                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-4. Determinations regarding contraction of covered
      illnesses

-STATUTE-
    (a) Cases determined under part B
      A determination under part B that a Department of Energy
    contractor employee is entitled to compensation under that part for
    an occupational illness shall be treated for purposes of this part
    as a determination that the employee contracted that illness
    through exposure at a Department of Energy facility.
    (b) Cases determined under former part D
      In the case of a covered illness of an employee with respect to
    which a panel has made a positive determination under section
    7385o(d) of this title and the Secretary of Energy has accepted
    that determination under section 7385o(e)(2) of this title, or with
    respect to which a panel has made a negative determination under
    section 7385o(d) of this title and the Secretary of Energy has
    found significant evidence to the contrary under section
    7385o(e)(2) of this title, that determination shall be treated for
    purposes of this part as a determination that the employee
    contracted the covered illness through exposure at a Department of
    Energy facility.
    (c) Other cases
      (1) In any other case, a Department of Energy contractor employee
    shall be determined for purposes of this part to have contracted a
    covered illness through exposure at a Department of Energy facility
    if - 
        (A) it is at least as likely as not that exposure to a toxic
      substance at a Department of Energy facility was a significant
      factor in aggravating, contributing to, or causing the illness;
      and
        (B) it is at least as likely as not that the exposure to such
      toxic substance was related to employment at a Department of
      Energy facility.

      (2) A determination under paragraph (1) shall be made by the
    Secretary.
    (d) Applications by spouses and children
      If a spouse or child of a Department of Energy contractor
    employee applies for benefits under this part, the Secretary shall
    make a determination under this section with respect to that
    employee without regard to whether the spouse is a "covered
    spouse", or the child is a "covered child", under this part.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3675], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2181.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7385o of this title, referred to in subsec. (b), was
    repealed by Pub. L. 108-375, div. C, title XXXI, Sec. 3162(i), Oct.
    28, 2004, 118 Stat. 2186.

-End-

-CITE-
    42 USC Sec. 7385s-5                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-5. Applicability to certain uranium employees

-STATUTE-
    (a) In general
      This part shall apply to - 
        (1) a section 5 payment recipient who contracted a section 5
      illness through a section 5 exposure at a section 5 facility, or
        (2) a section 5 uranium worker determined under section 7385s-
      4(c) of this title to have contracted a covered illness through
      exposure to a toxic substance at a section 5 mine or mill,

    (or to the survivor of that employee, as applicable) on the same
    basis as it applies to a Department of Energy contractor employee
    determined under section 7385s-4 of this title to have contracted a
    covered illness through exposure to a toxic substance at a
    Department of Energy facility (or to the survivor of that employee,
    as applicable).
    (b) Definitions
      In this section:
        (1) The term "section 5 payment recipient" means an individual
      who receives, or has received, $100,000 under section 5 of the
      Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for a
      claim made under that Act.
        (2) The terms "section 5 exposure", "section 5 facility", and
      "section 5 illness" mean the exposure, facility, and illness,
      respectively, to which an individual's status as a section 5
      payment recipient relates.
        (3) The term "section 5 uranium worker" means an individual to
      whom subsection (a)(1)(A)(i) of section 5 of the Radiation
      Exposure Compensation Act applies (whether directly or by reason
      of subsection (a)(2) of this section).
        (4) The term "section 5 mine or mill" means the mine or mill to
      which an individual's status as a section 5 uranium worker
      relates.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3676], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2182.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Radiation Exposure Compensation Act, referred to in subsec.
    (b), is Pub. L. 101-426, Oct. 15, 1990, 104 Stat. 920, as amended,
    which is set out as a note under section 2210 of this title.

-End-

-CITE-
    42 USC Sec. 7385s-6                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-6. Administrative and judicial review

-STATUTE-
    (a) Judicial review
      A person adversely affected or aggrieved by a final decision of
    the Secretary under this part may review that order in the United
    States district court in the district in which the injury was
    sustained, the employee lives, the survivor lives, or the District
    of Columbia, by filing in such court within 60 days after the date
    on which that final decision was issued a written petition praying
    that such decision be modified or set aside. The person shall also
    provide a copy of the petition to the Secretary. Upon such filing,
    the court shall have jurisdiction over the proceeding and shall
    have the power to affirm, modify, or set aside, in whole or in
    part, such decision. The court may modify or set aside such
    decision only if the court determines that such decision was
    arbitrary and capricious.
    (b) Administrative review
      The Secretary shall ensure that recommended decisions of the
    Secretary with respect to a claim under this part are subject to
    administrative review. The Secretary shall prescribe regulations
    for carrying out such review or shall apply to this part the
    regulations applicable to recommended decisions under part B.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3677], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2182.)

-End-

-CITE-
    42 USC Sec. 7385s-7                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-7. Physicians services

-STATUTE-
    (a) In general
      The Secretary may utilize the services of physicians for purposes
    of making determinations under this part.
    (b) Physicians
      Any physicians whose services are utilized under subsection (a)
    of this section shall possess appropriate expertise and experience
    in the evaluation and determination of the extent of permanent
    physical impairments or in the evaluation and diagnosis of
    illnesses or deaths aggravated, contributed to, or caused by
    exposure to toxic substances.
    (c) Arrangement
      The Secretary may secure the services of physicians utilized
    under subsection (a) of this section through the appointment of
    physicians or by contract.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3678], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2182.)

-End-

-CITE-
    42 USC Sec. 7385s-8                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-8. Medical benefits

-STATUTE-
      A covered DOE contractor employee shall be furnished medical
    benefits specified in section 7384t of this title for the covered
    illness to the same extent, and under the same conditions and
    limitations, as an individual eligible for medical benefits under
    that section is furnished medical benefits under that section.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3679], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2183.)

-End-

-CITE-
    42 USC Sec. 7385s-9                                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-9. Attorney fees

-STATUTE-
      Section 7385g of this title shall apply to a payment under this
    part to the same extent that it applies to a payment under part B.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3680], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2183.)

-End-

-CITE-
    42 USC Sec. 7385s-10                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-10. Administrative matters

-STATUTE-
    (a) In general
      The Secretary shall administer this part.
    (b) Contract authority
      The Secretary may enter into contracts with appropriate persons
    and entities to administer this part.
    (c) Records
      (1)(A) The Secretary of Energy shall provide to the Secretary all
    records, files, and other data, whether paper, electronic, imaged,
    or otherwise, developed by the Secretary of Energy that are
    applicable to the administration of this part, including records,
    files, and data on facility industrial hygiene, employment of
    individuals or groups, exposure and medical records, and claims
    applications.
      (B) In providing records, files, and other data under this
    paragraph, the Secretary of Energy shall preserve the current
    organization of such records, files, and other data, and shall
    provide such description and indexing of such records, files, and
    other data as the Secretary considers appropriate to facilitate
    their use by the Secretary.
      (2) The Secretary of Energy and the Secretary shall jointly
    undertake such actions as are appropriate to retrieve records
    applicable to the claims of Department of Energy contractor
    employees for contractor employee compensation under this part,
    including employment records, records of exposure to beryllium,
    radiation, silica, or other toxic substances, and records regarding
    medical treatment.
    (d) Information
      At the request of the Secretary, the Secretary of Energy and any
    contractor who employed a Department of Energy contractor employee
    shall, within time periods specified by the Secretary, provide to
    the Secretary and to the employee information or documents in
    response to the request.
    (e) Regulations
      The Secretary shall prescribe regulations necessary for the
    administration of this part. The initial regulations shall be
    prescribed not later than 210 days after October 28, 2004. The
    Secretary may prescribe interim final regulations necessary to meet
    the deadlines specified in this part.
    (f) Transition provisions
      (1) The Secretary shall commence the administration of the
    provisions of this part not later than 210 days after October 28,
    2004.
      (2) Until the commencement of the administration of this part,
    the Department of Energy Physicians Panels appointed pursuant to
    part D shall continue to consider and issue determinations
    concerning any cases pending before such Panels immediately before
    October 28, 2004.
      (3) The Secretary shall take such actions as are appropriate to
    identify other activities under part D that will continue until the
    commencement of the administration of this part.
    (g) Previous applications
      Upon the commencement of the administration of this part, any
    application previously filed with the Secretary of Energy pursuant
    to part D shall be considered to have been filed with the Secretary
    as a claim for benefits pursuant to this part.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3681], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2183.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part D, referred to in subsecs. (f)(2), (3) and (g), was repealed
    by Pub. L. 108-375, div. C, title XXXI, Sec. 3162(i), Oct. 28,
    2004, 118 Stat. 2186.

-End-

-CITE-
    42 USC Sec. 7385s-11                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-11. Coordination of benefits with respect to State
      workers compensation

-STATUTE-
    (a) In general
      An individual who has been awarded compensation under this part,
    and who has also received benefits from a State workers
    compensation system by reason of the same covered illness, shall
    receive compensation specified in this part reduced by the amount
    of any workers compensation benefits, other than medical benefits
    and benefits for vocational rehabilitation, that the individual has
    received under the State workers compensation system by reason of
    the covered illness, after deducting the reasonable costs, as
    determined by the Secretary, of obtaining those benefits under the
    State workers compensation system.
    (b) Waiver
      The Secretary may waive the provisions of subsection (a) of this
    section if the Secretary determines that the administrative costs
    and burdens of implementing subsection (a) of this section with
    respect to a particular case or class of cases justifies such a
    waiver.
    (c) Information
      Notwithstanding any other provision of law, each State workers
    compensation authority shall, upon request of the Secretary,
    provide to the Secretary on a quarterly basis information
    concerning workers compensation benefits received by any covered
    DOE contractor employee entitled to compensation or benefits under
    this part, which shall include the name, Social Security number,
    and nature and amount of workers compensation benefits for each
    such employee for which the request was made.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3682], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2184.)

-End-

-CITE-
    42 USC Sec. 7385s-12                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-12. Maximum aggregate compensation

-STATUTE-
      For each individual whose illness or death serves as the basis
    for compensation or benefits under this part, the total amount of
    compensation (other than medical benefits) paid under this part, to
    all persons, in the aggregate, on the basis of that illness or
    death shall not exceed $250,000.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3683], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2184.)

-End-

-CITE-
    42 USC Sec. 7385s-13                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-13. Funding of administrative costs

-STATUTE-
      There is authorized and hereby appropriated to the Secretary for
    fiscal year 2005 and thereafter such sums as may be necessary to
    carry out this part.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3684], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2184.)

-End-

-CITE-
    42 USC Sec. 7385s-14                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-14. Payment of compensation and benefits from
      compensation fund

-STATUTE-
      The compensation and benefits provided under this subchapter,
    when authorized or approved by the President, shall be paid from
    the compensation fund established under section 7384e of this
    title.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3685], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2185.)

-End-

-CITE-
    42 USC Sec. 7385s-15                                        01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVI - ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
           PROGRAM                                       
    Part E - Contractor Employee Compensation

-HEAD-
    Sec. 7385s-15. Office of Ombudsman

-STATUTE-
    (a) Establishment
      There is established in the Department of Labor an office to be
    known as the "Office of the Ombudsman" (in this section referred to
    as the "Office").
    (b) Head
      The head of the Office shall be the Ombudsman. The individual
    serving as Ombudsman shall be either of the following:
        (1) An officer or employee of the Department of Labor
      designated by the Secretary for purposes of this section from
      among officers and employees of the Department who have
      experience and expertise necessary to carry out the duties of the
      Office specified in subsection (c) of this section.
        (2) An individual employed by the Secretary from the private
      sector from among individuals in the private sector who have
      experience and expertise necessary to carry out the duties of the
      Office specified in subsection (c) of this section.
    (c) Duties
      The duties of the Office shall be as follows:
        (1) To provide information on the benefits available under this
      part and on the requirements and procedures applicable to the
      provision of such benefits.
        (2) To make recommendations to the Secretary regarding the
      location of centers (to be known as "resource centers") for the
      acceptance and development of claims for benefits under this
      part.
        (3) To carry out such other duties with respect to this part as
      the Secretary shall specify for purposes of this section.
    (d) Independent Office
      The Secretary shall take appropriate actions to ensure the
    independence of the Office within the Department of Labor,
    including independence from other officers and employees of the
    Department engaged in activities relating to the administration of
    the provisions of this part.
    (e) Annual report
      (1) Not later than February 15 each year, the Ombudsman shall
    submit to Congress a report on activities under this part.
      (2) Each report under paragraph (1) shall set forth the
    following:
        (A) The number and types of complaints, grievances, and
      requests for assistance received by the Ombudsman under this part
      during the preceding year.
        (B) An assessment of the most common difficulties encountered
      by claimants and potential claimants under this part during the
      preceding year.

      (3) The first report under paragraph (1) shall be the report
    submitted in 2006.
    (f) Outreach
      The Secretary of Labor and the Secretary of Health and Human
    Services shall each undertake outreach to advise the public of the
    existence and duties of the Office.
    (g) Sunset
      Effective on the date that is 3 years after October 28, 2004,
    this section shall have no further force or effect.

-SOURCE-
    (Pub. L. 106-398, Sec. 1 [div. C, title XXXVI, Sec. 3686], as added
    Pub. L. 108-375, div. C, title XXXI, Sec. 3161, Oct. 28, 2004, 118
    Stat. 2185.)

-End-

-CITE-
    42 USC SUBCHAPTER XVII - [Repealed]                         01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVII - [Repealed]

-HEAD-
                       SUBCHAPTER XVII - [REPEALED]                   

-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-136, div. C, title XXXI, Sec. 3141(m)(1), Nov.
    24, 2003, 117 Stat. 1787, struck out heading for subchapter XVII
    "Department of Energy National Security Authorizations General
    Provisions".

-End-

-CITE-
    42 USC Secs. 7386 to 7386k                                  01/02/2006

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 84 - DEPARTMENT OF ENERGY
    SUBCHAPTER XVII - [Repealed]

-HEAD-
    Secs. 7386 to 7386k. Transferred

-COD-
                               CODIFICATION                           
      Sections 7386 to 7386k, Pub. L. 107-314, div. C, title XXXVI,
    Secs. 3620-3631, Dec. 2, 2002, 116 Stat. 2756-2762, were renumbered
    sections 4701 to 4712, respectively, of Pub. L. 107-314, the Bob
    Stump National Defense Authorization Act for Fiscal Year 2003, by
    Pub. L. 108-136, div. C, title XXXI, Sec. 3141(j)(2)(A)-(C), Nov.
    24, 2003, 117 Stat. 1781, and are classified to sections 2741 to
    2752, respectively, of Title 50, War and National Defense.
      Section 7386 related to definitions for purposes of former
    sections 7386 to 7386k of this title.
      Section 7386a related to reprogramming of amounts appropriated
    pursuant to a Department of Energy national security authorization.
      Section 7386b related to minor construction projects.
      Section 7386c related to limits on construction projects.
      Section 7386d related to fund transfer authority.
      Section 7386e related to conceptual and construction design.
      Section 7386f related to authority for emergency planning,
    design, and construction activities.
      Section 7386g related to scope of authority to carry out plant
    projects.
      Section 7386h related to availability of funds.
      Section 7386i related to transfer of defense environmental
    management funds.
      Section 7386j related to transfer of weapons activities funds.
      Section 7386k related to funds available for all national
    security programs of the Department of Energy.

-End-