Notes on department of energy : US Code - Notes

Search Notes on department of energy : US Code - Notes

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 Repealed.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.