42 Usc 7101-7352

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42 USC Ch. 84: DEPARTMENT OF ENERGY
From Title 42—THE PUBLIC HEALTH AND WELFARE

CHAPTER 84—DEPARTMENT OF ENERGY
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

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7131.
Establishment.
7132.
Principal officers.
7133.
Assistant Secretaries; appointment and confirmation; identification of responsibilities.
7134.
Federal Energy Regulatory Commission; compensation of Chairman and members.
7135.
Energy Information Administration.
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Repealed.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.
7142.
National Atomic Museum and National Atomic Testing Museum.
7142a.
Designation of American Museum of Science and Energy.
7142b.
Authority.
7142c.
Museum volunteers.
7142d.
Definitions.
7143.
Repealed.
7144.
Establishment of policy for National Nuclear Security Administration.
7144a.
Establishment of security, counterintelligence, and intelligence policies.
7144b.
Office of Intelligence and Counterintelligence.
7144c.
Repealed.
7144d.
Office of Arctic Energy.
7144e.
Office of Indian Energy Policy and Programs.
SUBCHAPTER III—TRANSFERS OF FUNCTIONS

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7151.
General transfers.
7151a.
Jurisdiction over matters transferred from Energy Research and Development Administration.
7152.
Transfers from Department of the Interior.
7153.
Administration of leasing transfers.
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Repealed.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Repealed.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.
7172.
Jurisdiction of Commission.
7173.
Initiation of rulemaking procedures before Commission.
7174.
Referral of other rulemaking proceedings to Commission.
7175.
Right of Secretary to intervene in Commission proceedings.
7176.
Reorganization.
7177.
Access to information.
7178.
Federal Energy Regulatory Commission fees and annual charges.
SUBCHAPTER V—ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW
7191.
Procedures for issuance of rules, regulations, or orders.
7192.
Judicial review.
7193.
Remedial orders.
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

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7231.
PART
Officers and employees.
C—
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.
7238.
Temporary appointments for scientific and technical experts in Department of Energy research
and development programs.
7239.
Transferred.

GENERAL ADMINISTRATIVE PROVISIONS

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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.
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.
7258.
Facilities construction.
7259.
Use of facilities.
7259a.
Activities of Department of Energy facilities.
7260.
Field offices.
7261.
Acquisition of copyrights, patents, etc.
7261a.
Protection of sensitive technical information.
7261b.
Technology transfer to small businesses.
7261c.
Technology partnerships ombudsman.
7262.
Repealed.
7263.
Capital fund.
7264.
Seal of Department.
7265.
Regional Energy Advisory Boards.
7266.
Designation of conservation officers.
7267.
Annual report.
7268.
Leasing report.
7269.
Transfer of funds.
7269a.
Repealed.
7269b.
Transfer of unexpended appropriation balances.
7269c.
Funding for Department of Energy activities not included in Fossil Energy account.
7270.
Authorization of appropriations.
7270

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SUBCHAPTER VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
7291.
Transfer and allocations of appropriations and personnel.
7292.
Effect on personnel.
7293.
Agency terminations.
7294.
Incidental transfers.
7295.
Savings provisions.
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.
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.
7375.
Authorization of appropriations.
SUBCHAPTER XIII—DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS
7381.
Findings and purposes.

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PART A—SCIENCE EDUCATION ENHANCEMENT
7381a.
Science education programs.
7381b.
Laboratory cooperative science centers and other authorized education activities.
7381c.
Education partnerships.
7381c–1.
Partnerships with historically Black colleges and universities, Hispanic-serving institutions, and
tribal colleges.
7381d.
Definitions.
7381e.
Authorization of appropriations.

PART B—SCIENCE, ENGINEERING, AND MATHEMATICS EDUCATION PROGRAMS
7381g.
Definitions.

SUBPART 1—[REPEALED]
7381h.
Repealed.

SUBPART 2—[REPEALED]
7381j.
Repealed.

SUBPART 3—NATIONAL LABORATORIES CENTERS OF EXCELLENCE IN SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION
7381l.
National Laboratories Centers of Excellence in Science, Technology, Engineering, and
Mathematics education.

SUBPART 4—SUMMER INSTITUTES
7381n.
Summer institutes.

SUBPART 5—[REPEALED]
7381p.
Repealed.

SUBPART 6—ADMINISTRATION
7381r.
Mentoring program.
SUBCHAPTER XIV—ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS
7382.
Findings.
7382a
Purpose; designation.
7382b.
Definitions.
7382c.
Fellowship Program.
7382d.
Fellowship awards.
7382e.
Waste management education research consortium (WERC).

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SUBCHAPTER XV—MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
COUNTERINTELLIGENCE
7383.
Commission on Safeguards, Security, and Counterintelligence at Department of Energy
Facilities.
7383a to
7383d. Transferred.
7383e.
Repealed.
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.

PART A—ESTABLISHMENT OF COMPENSATION PROGRAM AND COMPENSATION
FUND
7384d.
Establishment of Energy Employees Occupational Illness Compensation Program.
7384e.
Establishment of Energy Employees Occupational Illness Compensation Fund.
7384f.
Legislative proposal.
7384g.
Authorization of appropriations.

PART B—PROGRAM ADMINISTRATION
7384l.
Definitions for program administration.
7384m.
Expansion of list of beryllium vendors.
7384n.
Exposure in the performance of duty.
7384o.
Advisory Board on Radiation and Worker Health.
7384p.
Responsibilities of Secretary of Health and Human Services.
7384q.
Designation of additional members of special exposure cohort.
7384r.
Separate treatment of chronic silicosis.
7384s.
Compensation and benefits to be provided.
7384t.
Medical benefits.
7384u.
Separate treatment of certain uranium employees.
7384v.
Assistance for claimants and potential claimants.
7384w.
Subpoenas; oaths; examination of witnesses.
7384w–1.
Completion of site profiles.

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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.
7385d.
Election of remedy for beryllium employees and atomic weapons employees.
7385e.
Certification of treatment of payments under other laws.
7385f.
Claims not assignable or transferable; choice of remedies.
7385g.
Attorney fees.
7385h.
Certain claims not affected by awards of damages.
7385i.
Forfeiture of benefits by convicted felons.
7385j.
Coordination with other Federal radiation compensation laws.
7385j–1.
Social Security earnings information.
7385j–2.
Recovery and waiver of overpayments.

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

PART E—CONTRACTOR EMPLOYEE COMPENSATION

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7385s.
Definitions.
7385s–1.
Compensation to be provided.
7385s–2.
Compensation schedule for contractor employees.
7385s–3.
Compensation schedule for survivors.
7385s–4.
Determinations regarding contraction of covered illnesses.
7385s–5.
Applicability to certain uranium employees.
7385s–6.
Administrative and judicial review.
7385s–7.
Physicians services.
7385s–8.
Medical benefits.
7385s–9.
Attorney fees.
7385s–10.
Administrative matters.
7385s–11.
Coordination of benefits with respect to State workers compensation.
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.
7385s–16.
Advisory Board on Toxic Substances and Worker Health.
SUBCHAPTER XVII—[REPEALED]
7386 to
7386k. Transferred.

§7101. Definitions
(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.
(Pub. L. 95–91, §2, Aug. 4, 1977, 91 Stat. 567.)

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

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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.

SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105–28, §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, §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
Pub. L. 95–91, §1, Aug. 4, 1977, 91 Stat. 565, 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, §3601] of Pub. L. 106–398, set out as a note under
section 7384 of this title.

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, §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.

SUBCHAPTER I—DECLARATION OF FINDINGS AND PURPOSES

§7111. Congressional findings
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

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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.
(Pub. L. 95–91, title I, §101, Aug. 4, 1977, 91 Stat. 567.)

§7112. Congressional declaration of purpose
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

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

REFERENCES IN TEXT
This chapter, referred to in introductory provisions and pars. (14) and (18), was in the original
"this Act", meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of
Energy Organization Act, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 7101 of this title
and Tables.

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).

§7113. Relationship with States
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.
(Pub. L. 95–91, title I, §103, Aug. 4, 1977, 91 Stat. 569.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

SUBCHAPTER II—ESTABLISHMENT OF DEPARTMENT

§7131. Establishment

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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.
(Pub. L. 95–91, title II, §201, Aug. 4, 1977, 91 Stat. 569.)

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.
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.

EMERGENCY PREPAREDNESS FOR ENERGY SUPPLY DISRUPTIONS
Pub. L. 114–94, div. F, §61001, Dec. 4, 2015, 129 Stat. 1771, provided that:
"(a) Finding.—Congress finds that recent natural disasters have underscored the importance
of having resilient oil and natural gas infrastructure and effective ways for industry and
government to communicate to address energy supply disruptions.
"(b) Authorization for Activities to Enhance Emergency Preparedness for Natural Disasters.—
The Secretary of Energy shall develop and adopt procedures to—
"(1) improve communication and coordination between the Department of Energy's
energy response team, Federal partners, and industry;
"(2) leverage the Energy Information Administration's subject matter expertise within the
Department's energy response team to improve supply chain situation assessments;
"(3) establish company liaisons and direct communication with the Department's energy
response team to improve situation assessments;
"(4) streamline and enhance processes for obtaining temporary regulatory relief to speed
up emergency response and recovery;
"(5) facilitate and increase engagement among States, the oil and natural gas industry,
and the Department in developing State and local energy assurance plans;
"(6) establish routine education and training programs for key government emergency
response positions with the Department and States; and
"(7) involve States and the oil and natural gas industry in comprehensive drill and
exercise programs.
"(c) Cooperation.—The activities carried out under subsection (b) shall include collaborative
efforts with State and local government officials and the private sector.
"(d) Report.—Not later than 180 days after the date of enactment of this Act [Dec. 4, 2015],
the Secretary of Energy shall submit to Congress a report describing the effectiveness of the
activities authorized under this section."
§7132. Principal officers
(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

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

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AMENDMENTS
2005—Subsec. (b). Pub. L. 109–58, §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, §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, §1 [div. C, title XXXI, §3151], Oct. 30, 2000, 114 Stat. 1654, 1654A-464,
provided that:
"(a) Length of Term.—The term of office as Under Secretary for Nuclear Security of the
Department of Energy of the person first appointed to that position shall be three years.
"(b) Exclusive Reasons for Removal.—The 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, §1(a)(2) [title III, §313],
Oct. 27, 2000, 114 Stat. 1441, 1441A-81.

§7133. Assistant Secretaries; appointment and confirmation; identification
of responsibilities
(a) There shall be in the Department 8 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.

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(4) International programs and international policy functions, including those functions which assist in
carrying out the international energy purposes described in section 7112 of this title.
(5) Repealed. Pub. L. 106–65, div. C, title XXXII, §3294(b), Oct. 5, 1999, 113 Stat. 970.
(6) Intergovernmental policies and relations, including responsibilities for assuring that 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)
(or any portion thereof) for which such individual will be responsible.
(Pub. L. 95–91, title II, §203, Aug. 4, 1977, 91 Stat. 570; Pub. L. 106–65, div. C, title XXXII, §3294(a)(2), (b),
Oct. 5, 1999, 113 Stat. 970; Pub. L. 109–58, title X, §1006(b)(1), Aug. 8, 2005, 119 Stat. 931; Pub. L. 111–
11, title XIII, §13004(a), Mar. 30, 2009, 123 Stat. 1449.)

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, 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.

AMENDMENTS
2009—Subsec. (a). Pub. L. 111–11 substituted "8 Assistant Secretaries" for "7 Assistant
Secretaries" in introductory provisions.
2005—Subsec. (a). Pub. L. 109–58 substituted "7" for "six" in introductory provisions.

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1999—Subsec. (a). Pub. L. 106–65, §3294(a)(2), substituted "six" for "eight" in introductory

provisions.
Subsec. (a)(5). Pub. L. 106–65, §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, §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,
§501, Nov. 13, 1995, 109 Stat. 419.

MARKETING AND EXCHANGE OF SURPLUS ELECTRICITY FROM NAVAJO
GENERATING STATION
Pub. L. 98–381, title I, §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

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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."

§7134. Federal Energy Regulatory Commission; compensation of Chairman
and members
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.
(Pub. L. 95–91, title II, §204, Aug. 4, 1977, 91 Stat. 571.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7135. Energy Information Administration
(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

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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 energyrelated 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

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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 four 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 byproducts, 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 four 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),

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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).
(Pub. L. 95–91, title II, §205, Aug. 4, 1977, 91 Stat. 572; Pub. L. 99–509, title III, §3101(a), Oct. 21, 1986,
100 Stat. 1888; Pub. L. 102–486, title I, §171, Oct. 24, 1992, 106 Stat. 2864; Pub. L. 109–58, title XV,
§1508, Aug. 8, 2005, 119 Stat. 1083; Pub. L. 113–76, div. D, title III, §315, Jan. 17, 2014, 128 Stat. 177.)

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. Part B of the Federal Energy Administration Act of 1974 is classified
generally to subchapter II (§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.
This chapter, referred to in subsecs. (c), (h)(1)(B)(i), (2)(E) to (4), and (j)(2)(A), was in the
original "this Act", meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department
of Energy Organization Act, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 7101 of this title
and Tables.
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, §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, which is classified principally to chapter 77 (§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.

AMENDMENTS
2014—Subsec. (i)(1). Pub. L. 113–76, §315(1), substituted "once every four years" for "once
every two years" in introductory provisions.
Subsec. (k)(1). Pub. L. 113–76, §315(2), which directed amendment of par. (1) by substituting
"once every four years" for "once every three years" was executed by making the substitution
for "once every 3 years" to reflect the probable intent of Congress.
2005—Subsec. (m). Pub. L. 109–58 added subsec. (m).
1992—Subsec. (i)(1). Pub. L. 102–486, §171(a)(1), in introductory provisions, substituted "at

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least once every two years" for "on at least a triennial basis".
Subsec. (i)(1)(D). Pub. L. 102–486, §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, §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, §101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321-188;
renumbered title I, Pub. L. 104–140, §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)) [now 41
U.S.C. 6707(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."
1 See References in Text note below.
2 So in original. Section 7267 of this title was enacted without a subsec. (a).

§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
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.
(Pub. L. 95–238, title I, §104(b), Feb. 25, 1978, 92 Stat. 53.)

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, §1, 68 Stat. 919, which is
classified principally to chapter 23 (§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, which is classified generally to chapter 74 (§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, which is classified generally to chapter 24 (§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.

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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, which is classified
principally to chapter 52 (§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, which is classified generally to subchapter I (§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, which is classified generally to subchapter II
(§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, which is classified
principally to chapter 73 (§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.

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.

§7136. Economic Regulatory Administration; appointment of Administrator;
compensation; qualifications; functions
(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, the Secretary shall utilize the Economic Regulatory
Administration to administer such functions as he may consider appropriate.
(Pub. L. 95–91, title II, §206, Aug. 4, 1977, 91 Stat. 574.)

§7137. Functions of Comptroller General
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.
(Pub. L. 95–91, title II, §207, Aug. 4, 1977, 91 Stat. 574.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

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§7138. Repealed. Pub. L. 100–504, title I, §102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517
Section, Pub. L. 95–91, title II, §208, Aug. 4, 1977, 91 Stat. 575; Pub. L. 96–226, title II, §202,
Apr. 3, 1980, 94 Stat. 315; Pub. L. 97–375, title II, §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.

§7139. Office of Science; establishment; appointment of Director;
compensation; duties
(a) Establishment
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) Duties and responsibilities of Director
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 shortand 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.
(c) Mission
The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major
scientific tools to transform the understanding of nature and to advance the energy, economic, and national
security of the United States.
(Pub. L. 95–91, title II, §209, Aug. 4, 1977, 91 Stat. 577; Pub. L. 105–245, title III, §309(a), Oct. 7, 1998, 112
Stat. 1853; Pub. L. 109–58, title X, §1006(c)(4), Aug. 8, 2005, 119 Stat. 932; Pub. L. 115–246, title III, §302,
Sept. 28, 2018, 132 Stat. 3140.)

AMENDMENTS
2018—Subsec. (c). Pub. L. 115–246 added subsec. (c).

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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).

§7140. Leasing Liaison Committee; establishment; composition
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.
(Pub. L. 95–91, title II, §210, Aug. 4, 1977, 91 Stat. 577.)

§7141. Office of Minority Economic Impact
(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 1 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 2 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

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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 Asian American,
Native Hawaiian, a Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or an
Alaska Native;
(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).
(Pub. L. 95–91, title II, §211, as added Pub. L. 95–619, title VI, §641, Nov. 9, 1978, 92 Stat. 3284; amended
Pub. L. 114–157, §1(a), May 20, 2016, 130 Stat. 393.)

AMENDMENTS
2016—Subsec. (f)(1). Pub. L. 114–157 substituted "Asian American, Native Hawaiian, a
Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or an Alaska
Native" for "a Negro, Puerto Rican, American Indian, Eskimo, Oriental, or Aleut or is a Spanish
speaking individual of Spanish descent".
1 So in original. Probably should be "determine".
2 So in original. Probably should be "and".

§7142. National Atomic Museum and National Atomic Testing Museum
(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;

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(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.
(d) Recognition and status of National Atomic Testing Museum
The museum operated by the Nevada Test Site Historical Foundation and located in Las Vegas,
Nevada—
(1) is recognized as the official atomic testing museum of the United States; and
(2) shall be known as the "National Atomic Testing Museum".
(Pub. L. 102–190, div. C, title XXXI, §3137, Dec. 5, 1991, 105 Stat. 1578; Pub. L. 103–35, title II, §203(b)(4),
May 31, 1993, 107 Stat. 102; Pub. L. 112–81, div. C, title XXXI, §3114, Dec. 31, 2011, 125 Stat. 1709.)

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

AMENDMENTS
2011—Pub. L. 112–81, §3114(1), inserted "and National Atomic Testing Museum" after
"Atomic Museum" in section catchline.
Subsec. (d). Pub. L. 112–81, §3114(2), added subsec. (d).
1993—Subsec. (c)(1). Pub. L. 103–35 struck out comma after "Secretary of Energy" in
introductory provisions.
1 See References in Text note below.

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§7142a. Designation of American Museum of Science and Energy
(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.
(Pub. L. 106–554, §1(a)(4) [div. B, title IV, §401], Dec. 21, 2000, 114 Stat. 2763, 2763A-266.)

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.

§7142b. Authority
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.
(Pub. L. 106–554, §1(a)(4) [div. B, title IV, §402], Dec. 21, 2000, 114 Stat. 2763, 2763A-267.)

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.

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§7142c. Museum volunteers
(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) 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) 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) shall be
treated as an employee (as defined in section 8101 of title 5).
(c) Compensation
A volunteer under subsection (a) 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.
(Pub. L. 106–554, §1(a)(4) [div. B, title IV, §403], Dec. 21, 2000, 114 Stat. 2763, 2763A-267.)

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.

§7142d. Definitions
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.
(Pub. L. 106–554, §1(a)(4) [div. B, title IV, §404], Dec. 21, 2000, 114 Stat. 2763, 2763A-268.)

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 §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.

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.

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

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Section, Pub. L. 95–91, title II, §212, as added Pub. L. 103–337, div. C, title XXXI, §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.

§7144. Establishment of policy for National Nuclear Security Administration
(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.
(Pub. L. 95–91, title II, §213, as added Pub. L. 106–65, div. C, title XXXII, §3203(a), Oct. 5, 1999, 113 Stat.
954.)

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.

§7144a. Establishment of security, counterintelligence, and intelligence
policies
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.
(Pub. L. 95–91, title II, §214, as added Pub. L. 106–65, div. C, title XXXII, §3204(a), Oct. 5, 1999, 113 Stat.
955; amended Pub. L. 109–364, div. C, title XXXI, §3117(g), Oct. 17, 2006, 120 Stat. 2508; Pub. L. 116–92,
div. E, title LXIV, §6422, Dec. 20, 2019, 133 Stat. 2200.)

AMENDMENTS
2019—Pub. L. 116–92 struck out subsec. (a) designation and subsecs. (b) and (c), which,
respectively, established the Intelligence Executive Committee and provided for budget
justification materials.
2006—Pub. L. 109–364 designated existing provisions as subsec. (a) and added subsecs. (b)
and (c).

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.

§7144b. Office of Intelligence and Counterintelligence
(a) Definitions
In this section, the terms "intelligence community" and "National Intelligence Program" have the meanings
given such terms in section 3003 of title 50.

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(b) In general
There is in the Department an Office of Intelligence and Counterintelligence. Such office shall be under
the National Intelligence Program.
(c) Director
(1) The head of the Office shall be the Director of the Office of Intelligence and Counterintelligence, who
shall be an employee in the Senior Executive Service, the Senior Intelligence Service, the Senior National
Intelligence Service, or any other Service that the Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office shall report directly to the Secretary.
(2) The Secretary shall select an individual to serve as the Director from among individuals who have
substantial expertise in matters relating to the intelligence community, including foreign intelligence and
counterintelligence.
(d) Duties
(1) Subject to the authority, direction, and control of the Secretary, the Director shall perform such duties
and exercise such powers as the Secretary may prescribe.
(2) The Director shall be responsible for establishing policy for intelligence and counterintelligence
programs and activities at the Department.
(Pub. L. 95–91, title II, §215, as added Pub. L. 106–65, div. C, title XXXII, §3204(a), Oct. 5, 1999, 113 Stat.
955; amended Pub. L. 109–364, div. C, title XXXI, §3117(f), Oct. 17, 2006, 120 Stat. 2508; Pub. L. 116–92,
div. E, title LXIV, §6421(a), Dec. 20, 2019, 133 Stat. 2199.)

AMENDMENTS
2019—Pub. L. 116–92 amended section generally. Prior to amendment, section related to

establishment, director, duties, and annual reports of the Office of Counterintelligence.
2006—Subsec. (b)(1). Pub. L. 109–364 substituted "who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the Senior National Intelligence Service, or
any other Service that the Secretary, in coordination with the Director of National Intelligence,
considers appropriate" for "which shall be a position in the Senior Executive Service".

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.

§7144c. Repealed. Pub. L. 116–92, div. E, title LXIV, §6421(b), Dec. 20, 2019, 133 Stat. 2199
Section, Pub. L. 95–91, title II, §216, as added Pub. L. 106–65, div. C, title XXXII, §3204(a),
Oct. 5, 1999, 113 Stat. 956; amended Pub. L. 109–364, div. C, title XXXI, §3117(f), Oct. 17,
2006, 120 Stat. 2508, established the Office of Intelligence.

§7144d. Office of Arctic Energy
(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 costeffective 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

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

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.
§7144e. Office of Indian Energy Policy and Programs
(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.
(Pub. L. 95–91, title II, §217, as added Pub. L. 109–58, title V, §502(a), Aug. 8, 2005, 119 Stat. 763.)

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.

SUBCHAPTER III—TRANSFERS OF FUNCTIONS

§7151. General transfers
(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, 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.
(Pub. L. 95–91, title III, §301, Aug. 4, 1977, 91 Stat. 577.)

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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.

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.
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

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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. 3161]; 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) [Former] Executive Order No. 11652, as amended, 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).

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(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) [Former] Executive Order No. 11905, as amended, 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 former 50
U.S.C. App. 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 U.S.C. App.
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.

§7151a. Jurisdiction over matters transferred from Energy Research and
Development Administration

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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.
(Pub. L. 95–238, title I, §104(a), Feb. 25, 1978, 92 Stat. 53.)

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.
§7152. Transfers from Department of the Interior
(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, §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.
(Pub. L. 95–91, title III, §302, Aug. 4, 1977, 91 Stat. 578; Pub. L. 97–100, title II, §201, Dec. 23, 1981, 95
Stat. 1407; Pub. L. 104–58, title I, §104(h), Nov. 28, 1995, 109 Stat. 560.)

REFERENCES IN TEXT

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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 (§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 (§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, §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.

AMENDMENTS
1995—Subsec. (a)(1)(C) to (F). Pub. L. 104–58, §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, §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 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.

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
Pub. L. 104–58, title I, Nov. 28, 1995, 109 Stat. 557, 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

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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.

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"(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),

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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 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C
(except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41,
Public Contracts] (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) [now 40 U.S.C.
545 note].
"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, §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, §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."
1 So in original. The comma probably should not appear.
2 See References in Text note below.

§7153. Administration of leasing transfers
(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

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

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, §201, Dec. 23, 1981, 95 Stat. 1407.

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.
1 See References in Text note below.

§7154. Transfers from Department of Housing and Urban Development
(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.
(Pub. L. 95–91, title III, §304, Aug. 4, 1977, 91 Stat. 580.)

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 (§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.

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§7155. Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379
Section, Pub. L. 95–91, title III, §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.

§7156. Transfers from Department of the Navy
There are transferred to and vested in the Secretary all functions vested by chapter 869 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.
(Pub. L. 95–91, title III, §307, Aug. 4, 1977, 91 Stat. 581; Pub. L. 115–232, div. A, title VIII, §809(n)(3)(A),
Aug. 13, 2018, 132 Stat. 1844.)

AMENDMENTS
2018—Pub. L. 115–232 substituted "chapter 869 of title 10" for "chapter 641 of title 10" in
introductory provisions.

EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232,
set out as a note preceding section 3001 of Title 10, Armed Forces.

§7156a. Repealed. Pub. L. 105–85, div. C, title XXXIV, §3403, Nov. 18, 1997, 111 Stat. 2059
Section, Pub. L. 96–137, §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.

§7157. Transfers from Department of Commerce
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.
(Pub. L. 95–91, title III, §308, Aug. 4, 1977, 91 Stat. 581.)

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§7158. Naval reactor and military application programs
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.
(Pub. L. 95–91, title III, §309, Aug. 4, 1977, 91 Stat. 581; Pub. L. 106–65, div. C, title XXXII, §3294(c), Oct.
5, 1999, 113 Stat. 970.)

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.

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.

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, §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,
§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.

§7159. Transfer to Department of Transportation
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.
(Pub. L. 95–91, title III, §310, Aug. 4, 1977, 91 Stat. 582.)

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SUBCHAPTER IV—FEDERAL ENERGY REGULATORY COMMISSION

§7171. Appointment and administration
(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

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

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.

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
Pub. L. 101–271, §2(c), Apr. 11, 1990, 104 Stat. 136, 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]."

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RENEWABLE ENERGY AND ENERGY CONSERVATION INCENTIVES
Pub. L. 101–549, title VIII, §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. 99–500, §101(e) [title III], Oct. 18, 1986, 100 Stat. 1783–194, 1783-208, and Pub. L.
99–591, §101(e) [title III], Oct. 30, 1986, 100 Stat. 3341–194, 3341-208, provided in part: "That
hereafter and notwithstanding any other provision of law revenues from licensing fees,
inspection services, and other services and collections, estimated at $78,754,000 in fiscal year
1987, may be retained and used for necessary expenses in this account [Federal Energy
Regulatory Commission, Salaries and Expenses], and may remain available until expended:
Provided further, That the sum herein appropriated shall be reduced as revenues are received
during fiscal year 1987, so as to result in a final fiscal year 1987 appropriation estimated at not
more than $20,325,000."
Similar provisions were contained in the following appropriation acts:
Pub. L. 116–94, div. C, title III, Dec. 20, 2019, 133 Stat. 2678.
Pub. L. 115–244, div. A, title III, Sept. 21, 2018, 132 Stat. 2915.
Pub. L. 115–141, div. D, title III, Mar. 23, 2018, 132 Stat. 527.
Pub. L. 115–31, div. D, title III, May 5, 2017, 131 Stat. 319.
Pub. L. 114–113, div. D, title III, Dec. 18, 2015, 129 Stat. 2415.
Pub. L. 113–235, div. D, title III, Dec. 16, 2014, 128 Stat. 2322.
Pub. L. 113–76, div. D, title III, Jan. 17, 2014, 128 Stat. 172.
Pub. L. 112–74, div. B, title III, Dec. 23, 2011, 125 Stat. 875.
Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat. 2871.
Pub. L. 111–8, div. C, title III, Mar. 11, 2009, 123 Stat. 625.
Pub. L. 110–161, div. C, title III, Dec. 26, 2007, 121 Stat. 1966.
Pub. L. 109–103, title III, Nov. 19, 2005, 119 Stat. 2277.
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, §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.

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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, §101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329-124.

§7172. Jurisdiction of Commission
(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, §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

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

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 (§791a et seq.) of
Title 16, Conservation. Parts I and II of the Federal Power Act are classified generally to
subchapters I (§791a et seq.) and II (§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 (§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,
§103(3), Nov. 9, 2000, 114 Stat. 2029.

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.

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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

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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."
1 See References in Text note below.

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§7173. Initiation of rulemaking procedures before Commission
(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),
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), 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.
(Pub. L. 95–91, title IV, §403, Aug. 4, 1977, 91 Stat. 585.)

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 (§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 (§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.

§7174. Referral of other rulemaking proceedings to Commission
(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—

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(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);
(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); 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.
(Pub. L. 95–91, title IV, §404, Aug. 4, 1977, 91 Stat. 586.)

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, §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.

§7175. Right of Secretary to intervene in Commission proceedings
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.
(Pub. L. 95–91, title IV, §405, Aug. 4, 1977, 91 Stat. 586.)

§7176. Reorganization
For the purposes of chapter 9 of title 5 the Commission shall be deemed to be an independent regulatory
agency.
(Pub. L. 95–91, title IV, §406, Aug. 4, 1977, 91 Stat. 586.)

§7177. Access to information
(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.
(Pub. L. 95–91, title IV, §407, Aug. 4, 1977, 91 Stat. 587.)

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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.

§7178. Federal Energy Regulatory Commission fees and annual charges
(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.
(Pub. L. 99–509, title III, §3401, Oct. 21, 1986, 100 Stat. 1890.)

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.

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
(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

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

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245.)

REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1) and (e), was in the original "this Act", meaning
Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization
Act, which is classified principally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 7101 of this title and Tables.
AMENDMENTS
1997—Subsec. (b). Pub. L. 105–28, §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, §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, §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, §2(a)(2), redesignated subsecs. (e) to (g) as (c) to (e),
respectively.

§7192. Judicial review
(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

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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.
(Pub. L. 95–91, title V, §502, Aug. 4, 1977, 91 Stat. 589.)

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, 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.

§7193. Remedial orders
(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

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

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
(§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.

AMENDMENTS
1978—Subsecs. (e), (f). Pub. L. 95–620, §805(b), inserted "preceding provisions of" before
"this section".
Subsec. (g). Pub. L. 95–620, §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.
1 See References in Text note below.

§7194. Requests for adjustments
(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) 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

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officer or employee of the Department. Litigation involving judicial review of such action shall be the
responsibility of the Secretary.
(Pub. L. 95–91, title V, §504, Aug. 4, 1977, 91 Stat. 590.)

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 (§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
(§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 (§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 (§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.
1 See References in Text note below.
2 So in original. Probably should be "recision".

§7195. Report to Congress; contents
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.
(Pub. L. 95–91, title V, §505, Aug. 4, 1977, 91 Stat. 591.)

SUBCHAPTER VI—ADMINISTRATIVE PROVISIONS

Part A—Conflict of Interest Provisions

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

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

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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 2302 of Title 10, Armed Forces.

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

Section 7213, Pub. L. 95–91, title VI, §603, Aug. 4, 1977, 91 Stat. 593, related to disclosure of
energy assets.
Section 7214, Pub. L. 95–91, title VI, §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, §605, Aug. 4, 1977, 91 Stat. 594, related to
postemployment prohibitions and reporting requirements.
Section 7216, Pub. L. 95–91, title VI, §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, §607, Aug. 4, 1977, 91 Stat. 596; 1978 Reorg. Plan No.
2, §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.

§7218. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(6), Feb. 10, 1996, 110 Stat. 664
Section, Pub. L. 95–91, title VI, §603, formerly §608, Aug. 4, 1977, 91 Stat. 596; renumbered
§603 and amended, Pub. L. 103–160, div. C, title XXXI, §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 2302 of Title 10, Armed Forces.

Part B—Personnel Provisions

§7231. Officers and employees
(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—

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

REFERENCES IN TEXT
Section 5108(a) of title 5, referred to in subsec. (c)(1), was amended generally by Pub. L.
101–509, title V, §529 [title I, §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, 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.

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.

AMENDMENTS
1991—Subsec. (f). Pub. L. 102–88 added subsec. (f).

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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, §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.

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, §101(c)
(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

APPOINTMENTS OF EXCEPTIONALLY WELL QUALIFIED INDIVIDUALS TO SCIENTIFIC,
ENGINEERING, OR OTHER CRITICAL TECHNICAL POSITIONS
Pub. L. 113–76, div. D, title III, §313, Jan. 17, 2014, 128 Stat. 176, provided that:
"(a) In General.—Subject to subsections (b) through (d), the Secretary may appoint, without
regard to the provisions of chapter 33 of title 5, United States Code, governing appointments in
the competitive service, exceptionally well qualified individuals to scientific, engineering, or other
critical technical positions.
"(b) Limitations.—
"(1) Number of positions.—The number of critical positions authorized by subsection (a)
may not exceed 120 at any one time in the Department.
"(2) Term.—The term of an appointment under subsection (a) may not exceed 4 years.
"(3) Prior employment.—An individual appointed under subsection (a) shall not have
been a Department employee during the 2-year period ending on the date of appointment.
"(4) Pay.—
"(A) In general.—The Secretary shall have the authority to fix the basic pay of an
individual appointed under subsection (a) at a rate to be determined by the Secretary up to
level I of the Executive Schedule [5 U.S.C. 5312] without regard to the civil service laws.
"(B) Total annual compensation.—The total annual compensation for any individual
appointed under subsection (a) may not exceed the highest total annual compensation
payable at the rate determined under section 104 of title 3, United States Code.
"(5) Adverse actions.—An individual appointed under subsection (a) may not be
considered to be an employee for purposes of subchapter II of chapter 75 of title 5, United
States Code.
"(c) Requirements.—
"(1) In general.—The Secretary shall ensure that—
"(A) the exercise of the authority granted under subsection (a) is consistent with the
merit principles of section 2301 of title 5, United States Code; and
"(B) the Department notifies diverse professional associations and institutions of
higher education, including those serving the interests of women and racial or ethnic
minorities that are underrepresented in scientific, engineering, and mathematical fields, of
position openings as appropriate.
"(2) Report.—Not later than 2 years after the date of enactment of this Act [Jan. 17,
2014], the Secretary and the Director of the Office of Personnel Management shall submit to
Congress a report on the use of the authority provided under this section that includes, at a
minimum, a description or analysis of—
"(A) the ability to attract exceptionally well qualified scientists, engineers, and
technical personnel;
"(B) the amount of total compensation paid each employee hired under the authority

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each calendar year; and
"(C) whether additional safeguards or measures are necessary to carry out the
authority and, if so, what action, if any, has been taken to implement the safeguards or
measures.
"(d) Termination of Effectiveness.—The authority provided by this section terminates effective
on the date that is 4 years after the date of enactment of this Act."

AUTHORITY FOR APPOINTMENT OF CERTAIN SCIENTIFIC, ENGINEERING, AND
TECHNICAL PERSONNEL
Pub. L. 103–337, div. C, title XXXI, §3161, Oct. 5, 1994, 108 Stat. 3095, as amended by Pub.
L. 105–85, div. C, title XXXI, §3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105–261, div. C, title
XXXI, §§3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub. L. 106–398, §1 [div. C, title
XXXI, §3191], Oct. 30, 2000, 114 Stat. 1654, 1654A-480; Pub. L. 107–314, div. C, title XXXI,
§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, §3141(i)(2), Nov.
24, 2003, 117 Stat. 1776, and is classified to section 2701 of Title 50, War and National
Defense.
1 See References in Text note below.

§7232. Senior positions
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.
(Pub. L. 95–91, title VI, §622, Aug. 4, 1977, 91 Stat. 597.)

§7233. Experts and consultants
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.
(Pub. L. 95–91, title VI, §623, Aug. 4, 1977, 91 Stat. 598.)

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, §101(c)
(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§7234. Advisory committees
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.
(Pub. L. 95–91, title VI, §624, Aug. 4, 1977, 91 Stat. 598; Pub. L. 105–28, §2(b)(1), July 18, 1997, 111 Stat.
245.)

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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.

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, §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.)."

§7235. Armed services personnel
(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 869 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.
(Pub. L. 95–91, title VI, §625, Aug. 4, 1977, 91 Stat. 598; Pub. L. 95–509, title II, §210, Oct. 24, 1978, 92
Stat. 1779; Pub. L. 115–232, div. A, title VIII, §809(n)(3)(B), Aug. 13, 2018, 132 Stat. 1844.)

AMENDMENTS
2018—Subsec. (a). Pub. L. 115–232 substituted "chapter 869 of title 10" for "chapter 641 of
title 10".
1978—Subsec. (b). Pub. L. 95–509 struck out requirement that a detailed member be charged

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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.

EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232,
set out as a note preceding section 3001 of Title 10, Armed Forces.

§7236. Transferred
CODIFICATION
Section, Pub. L. 101–189, div. C, title XXXI, §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, §3141(i)(8)(A)–(C), Nov. 24, 2003, 117 Stat.
1778, and is classified to section 2721 of Title 50, War and National Defense.

§7237. Priority placement, job placement, retraining, and counseling
programs for United States Department of Energy employees affected
by reduction in force
(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) 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) 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.

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(Pub. L. 104–206, title III, §301, Sept. 30, 1996, 110 Stat. 2999.)

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.
§7238. Temporary appointments for scientific and technical experts in
Department of Energy research and development programs
(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.
(Pub. L. 104–271, title III, §301, Oct. 9, 1996, 110 Stat. 3307.)

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.

DEFINITIONS
Pub. L. 104–271, §2, Oct. 9, 1996, 110 Stat. 3304, 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."

§7239. Transferred
CODIFICATION
Section, Pub. L. 106–65, div. C, title XXXI, §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, §3141(i)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1776, and is classified to section
2702 of Title 50, War and National Defense.

Part C—General Administrative Provisions

§7251. General authority

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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.
(Pub. L. 95–91, title VI, §641, Aug. 4, 1977, 91 Stat. 598.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND OPERATIONS OF THE
DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY
ADMINISTRATION
Pub. L. 112–239, div. C, title XXXI, §3120, Jan. 2, 2013, 126 Stat. 2174, provided that:
"(a) In General.—The Secretary of Energy and the Administrator for Nuclear Security shall
review and, to the extent practicable, revise the Department of Energy Acquisition Regulation
and other regulations, rules, directives, orders, and policies that apply to the administration,
execution, and oversight of the missions and operations of the Department of Energy and the
National Nuclear Security Administration to improve and streamline such administration,
execution, and oversight.
"(b) Improvement and Streamlining.—In carrying out subsection (a), the Secretary and the
Administrator shall review and, to the extent practicable, carry out the following actions:
"(1) Streamline business processes and structures to reduce unnecessary, burdensome,
or duplicative approvals.
"(2) Delegate approval for work for others agreements and cooperative research and
development agreements (except those that the Secretary or Administrator determine are
high value or unique) to the lowest appropriate officials and streamline the approval
processes.
"(3) Establish processes for ensuring routine or low-risk procurement and subcontracting
decisions are made at the discretion of the management and operating contractors while
ensuring that the Secretary or Administrator apply appropriate oversight.
"(4) Assess procurement thresholds as of the date of the enactment of this Act [Jan. 2,
2013] and take steps as appropriate to adjust such thresholds.
"(5) Eliminate duplicative or low-value reports and data calls and ensure consistency in
management and cost-accounting data.
"(6) Actions to otherwise streamline, clarify, and eliminate redundancy in the regulations,
rules, directives, orders, and policies described by subsection (a).
"(c) Briefing.—
"(1) In general.—Not later than 180 days after the date of the enactment of this Act [Jan.
2, 2013], the Secretary and the Administrator shall provide to the appropriate congressional
committees a briefing on the review conducted under subsection (a), including the status of
such review and any actions taken or planned to be taken to improve and streamline the
regulations, rules, directives, orders, and policies described in such subsection.
"(2) Appropriate congressional committees defined.—In this subsection, the term
'appropriate congressional committees' means—
"(A) the congressional defense committees [Committees on Armed Services and
Appropriations of the Senate and the House of Representatives]; and
"(B) the Committee on Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of Representatives."

DEPARTMENT OF ENERGY SECURITY MANAGEMENT BOARD
Pub. L. 105–85, div. C, title XXXI, §3161, Nov. 18, 1997, 111 Stat. 2048, required the

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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, §3142(h)(1), Oct. 5, 1999, 113 Stat.
933.

§7252. Delegation
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.
(Pub. L. 95–91, title VI, §642, Aug. 4, 1977, 91 Stat. 599.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.
REORGANIZATION OF FIELD ACTIVITIES AND MANAGEMENT OF NATIONAL
SECURITY FUNCTIONS
Pub. L. 104–206, title III, §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, §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, §3141(d)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1757, and is classified to section
2512 of Title 50, War and National Defense.

§7253. Reorganization
(a) Subject to subsection (b), 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) 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.
(c) The authority of the Secretary under subsection (a) does not apply to the National Nuclear Security
Administration. The corresponding authority that applies to the Administration is set forth in section 2402(e) 1
of title 50.
(Pub. L. 95–91, title VI, §643, Aug. 4, 1977, 91 Stat. 599; Pub. L. 106–377, §1(a)(2) [title III, §314(b)], Oct.
27, 2000, 114 Stat. 1441, 1441A-81; Pub. L. 106–398, §1 [div. C, title XXXI, §3159(b)], Oct. 30, 2000, 114
Stat. 1654, 1654A-470; Pub. L. 112–239, div. C, title XXXI, §3132(e), Jan. 2, 2013, 126 Stat. 2187.)

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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, 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.
Section 2402(e) of title 50, referred to in subsec. (c), probably means the subsec. (e) of
section 2402 of title 50 which relates to reorganization authority and was added by Pub. L. 106–
398, §1 [div. C, title XXXI, §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, §1048(i)(12), Dec. 28,
2001, 115 Stat. 1230.

AMENDMENTS
2013—Subsecs. (b), (c). Pub. L. 112–239 redesignated subsec. (b) relating to nonapplicability
of authority of Secretary to National Nuclear Security Administration as (c).
2000—Subsec. (a). Pub. L. 106–398, §1 [div. C, title XXXI, §3159(b)(1)], which directed
amendment of section by substituting "(a) Except as provided in subsection (b), 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, §1(a)(2) [title III, §314(b)(1)]. See below.
Pub. L. 106–377, §1(a)(2) [title III, §314(b)(1)], designated existing provisions as subsec. (a)
and substituted "Subject to subsection (b), the Secretary" for "The Secretary".
Subsec. (b). Pub. L. 106–398, §1 [div. C, title XXXI, §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, §1(a)(2) [title III, §314(b)(2)], added subsec. (b) relating to authority of
Secretary as to National Nuclear Security Administration.
1 See References in Text note below.

§7254. Rules and regulations
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.
(Pub. L. 95–91, title VI, §644, Aug. 4, 1977, 91 Stat. 599.)

§7255. Subpoena
For the purpose of carrying out the provisions of this chapter, the Secretary, or his duly 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.
(Pub. L. 95–91, title VI, §645, Aug. 4, 1977, 91 Stat. 599; Pub. L. 95–621, title V, §508(a), Nov. 9, 1978, 92
Stat. 3408.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.
The Natural Gas Policy Act of 1978, referred to in text, is Pub. L. 95–621, Nov. 9, 1978, 92
Stat. 3350, which is classified generally to chapter 60 (§3301 et seq.) of Title 15, Commerce

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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.

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.

§7256. Contracts, leases, etc., with public agencies and private
organizations and persons
(a) General authority
The Secretary is authorized to enter into and perform such contracts, leases, cooperative agreements, or
other similar transactions with public agencies and private organizations and persons, and to make such
payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be
necessary or appropriate to carry out functions now or hereafter vested in the Secretary.
(b) Limitation on authority; appropriations
Notwithstanding any other provision of this subchapter, no authority to enter into contracts or to make
payments under this subchapter shall be effective except to such extent or in such amounts as are provided
in advance in 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) 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) 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), 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), 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) 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) 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

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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) 1 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) 1 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, 2020.
(Pub. L. 95–91, title VI, §646, Aug. 4, 1977, 91 Stat. 599; Pub. L. 103–160, div. C, title XXXI, §3154, Nov.
30, 1993, 107 Stat. 1952; Pub. L. 109–58, title X, §1007, Aug. 8, 2005, 119 Stat. 932; Pub. L. 111–383, div.
C, title XXXI, §3118, Jan. 7, 2011, 124 Stat. 4514; Pub. L. 113–66, div. C, title XXXI, §3119, Dec. 26, 2013,
127 Stat. 1059.)

REFERENCES IN TEXT
Section 2371(h) of title 10, referred to in subsec. (g)(7), was repealed by Pub. L. 113–291,
div. A, title X, §1071(f)(20), Dec. 19, 2014, 128 Stat. 3511.
Section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law
103–160; 10 U.S.C. 2371 note), referred to in subsec. (g)(8)(A), was repealed by Pub. L. 114–
92, div. A, title VIII, §815(c), Nov. 25, 2015, 129 Stat. 896. See section 2371b(e) of Title 10,
Armed Forces.

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AMENDMENTS
2013—Subsec. (g)(10). Pub. L. 113–66 substituted "September 30, 2020" for "September 30,

2015".
2011—Subsec. (g)(10). Pub. L. 111–383 substituted "September 30, 2015" for "September
30, 2010".
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, §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, §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, §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
Pub. L. 103–160, div. C, title XXXI, §3159, Nov. 30, 1993, 107 Stat. 1956, as amended by
Pub. L. 103–337, div. A, title X, §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 Hispanicserving 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

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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, §204, Feb. 25, 1978, 92 Stat. 59, as amended by Pub. L. 96–470, title
II, §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.]
1 See References in Text note below.

§§7256a, 7256b. Transferred
CODIFICATION
Section 7256a, Pub. L. 99–145, title XV, §1534, Nov. 8, 1985, 99 Stat. 774; Pub. L. 100–180,
div. C, title I, §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, §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, §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, §3141(k)(3)(A)–
(C), Nov. 24, 2003, 117 Stat. 1783, and is classified to section 2782 of Title 50, War and
National Defense.
§7257. Acquisition, construction, etc., of laboratories, research and testing

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sites, etc.
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.
(Pub. L. 95–91, title VI, §647, Aug. 4, 1977, 91 Stat. 599.)

PILOT PROGRAM FOR PROJECT MANAGEMENT OVERSIGHT REGARDING
DEPARTMENT OF ENERGY CONSTRUCTION PROJECTS
Pub. L. 106–65, div. C, title XXXI, §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, §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, §310,
Feb. 20, 2003, 117 Stat. 155.

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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, §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, Space, and Technology] 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 [now Committee
on Science, Space, and Technology] of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate."

§§7257a to 7257c. Transferred
CODIFICATION
Section 7257a, Pub. L. 101–510, div. C, title XXXI, §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, §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, §3136(b), Sept. 23, 1996, 110 Stat. 2831;
Pub. L. 107–314, div. D, title XLVIII, §4812(c), formerly Pub. L. 105–85, div. C, title XXXI, §3137
(c), Nov. 18, 1997, 111 Stat. 2039, renumbered Pub. L. 108–136, div. C, title XXXI, §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, §3141(k)(7)(B)(i)–(iii), Nov. 24, 2003, 117 Stat. 1784, 1785, and is classified to section
2793 of Title 50, War and National Defense.
Section 7257c, Pub. L. 105–85, div. C, title XXXI, §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,
§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.
§7257d. Expanded research by Secretary of Energy
(a) Detection and identification research

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(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).
(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.
(Pub. L. 107–188, title I, §152, June 12, 2002, 116 Stat. 630.)

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.

§7258. Facilities construction
(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) and the furnishing of services
and supplies under paragraphs (2) and (3) of subsection (a) 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.

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(Pub. L. 95–91, title VI, §648, Aug. 4, 1977, 91 Stat. 600.)

§7259. Use of facilities
(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.
(Pub. L. 95–91, title VI, §649, Aug. 4, 1977, 91 Stat. 600.)

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, §5(c), Aug. 21, 2002,
116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and
Works.

§7259a. Activities of Department of Energy facilities
(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) 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

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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 contractoroperated 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.
(Pub. L. 105–261, div. C, title XXXI, §3137, Oct. 17, 1998, 112 Stat. 2248.)

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, §1, 68 Stat. 919, which is classified principally to
chapter 23 (§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 (§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 (§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.

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.

§7260. Field offices
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

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him.
(Pub. L. 95–91, title VI, §650, Aug. 4, 1977, 91 Stat. 601.)

§7261. Acquisition of copyrights, patents, etc.
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.
(Pub. L. 95–91, title VI, §651, Aug. 4, 1977, 91 Stat. 601.)

§7261a. Protection of sensitive technical information
(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) 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.
(Pub. L. 99–661, div. C, title I, §3131, Nov. 14, 1986, 100 Stat. 4062; Pub. L. 100–180, div. C, title I, §3135
(a), Dec. 4, 1987, 101 Stat. 1240.)

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.

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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
Pub. L. 100–180, div. C, title I, §3135(b), Dec. 4, 1987, 101 Stat. 1241, 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."
§7261b. Technology transfer to small businesses
(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.
(Pub. L. 102–484, div. C, title XXXI, §3135(b), Oct. 23, 1992, 106 Stat. 2641.)

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.

§7261c. Technology partnerships ombudsman
(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) 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) 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

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administration and review of that contract.
(Pub. L. 106–404, §11, Nov. 1, 2000, 114 Stat. 1749.)

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.

§7262. Repealed. Pub. L. 104–206, title V, §502, Sept. 30, 1996, 110 Stat. 3002
Section, Pub. L. 95–91, title VI, §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.

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.

§7263. Capital fund
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.
(Pub. L. 95–91, title VI, §653, Aug. 4, 1977, 91 Stat. 601.)

§7264. Seal of Department
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.
(Pub. L. 95–91, title VI, §654, Aug. 4, 1977, 91 Stat. 602.)

§7265. Regional Energy Advisory Boards
(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.

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(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) 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), 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.
(Pub. L. 95–91, title VI, §655, Aug. 4, 1977, 91 Stat. 602.)

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 (§3181 et seq.) of chapter 38 of this
title prior to repeal by Pub. L. 97–35, title XVIII, §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.

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.

§7266. Designation of conservation officers
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.
(Pub. L. 95–91, title VI, §656, Aug. 4, 1977, 91 Stat. 602.)

§7267. Annual report
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

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

REFERENCES IN TEXT
Section 5914 of this title, referred to in text, was omitted from the Code.
This chapter, referred to in par. (5), was in the original "this Act", meaning Pub. L. 95–91,
Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is
classified principally to this chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 7101 of this title and Tables.

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

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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.
1 See References in Text note below.

§7268. Leasing report
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.
(Pub. L. 95–91, title VI, §658, Aug. 4, 1977, 91 Stat. 604.)

§7269. Transfer of funds
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.
(Pub. L. 95–91, title VI, §659, Aug. 4, 1977, 91 Stat. 604.)

COSTS OF DEFINED BENEFIT PENSION PLANS FOR CONTRACTOR EMPLOYEES
Pub. L. 111–85, title III, §308, Oct. 28, 2009, 123 Stat. 2872, provided that:
"(a) In any fiscal year in which the Secretary of Energy determines that additional funds are
needed to reimburse the costs of defined benefit pension plans for contractor employees, the
Secretary may transfer not more than 1 percent from each appropriation made available in this
and subsequent Energy and Water Development Appropriation Acts to any other appropriation
available to the Secretary in the same Act for such reimbursements.
"(b) Where the Secretary recovers the costs of defined benefit pension plans for contractor
employees through charges for the indirect costs of research and activities at facilities of the
Department of Energy, if the indirect costs attributable to defined benefit pension plan costs in a
fiscal year are more than charges in fiscal year 2008, the Secretary shall carry out a transfer of
funds under this section.
"(c) In carrying out a transfer under this section, the Secretary shall use each appropriation
made available to the Department in that fiscal year as a source for the transfer, and shall
reduce each appropriation by an equal percentage, except that appropriations for which the
Secretary determines there exists a need for additional funds for pension plan costs in that fiscal
year, as well as appropriations made available for the Power Marketing Administrations, the title
XVII [probably means title XVII of Pub. L. 109–58 (42 U.S.C. 16511 et seq.)] loan guarantee
program, and the Federal Energy Regulatory Commission, shall not be subject to this
requirement.
"(d) Each January, the Secretary shall report to the Committees on Appropriations of the
House of Representatives and the Senate on the state of defined benefit pension plan liabilities
in the Department for the preceding year.
"(e) This transfer authority does not apply to supplemental appropriations, and is in addition to
any other transfer authority provided in this or any other Act. The authority provided under this
section shall expire on September 30, 2015.
"(f) The Secretary shall notify the Committees on Appropriations of the House of
Representatives and the Senate in writing not less than 30 days in advance of each transfer
authorized by this section."

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§7269a. Repealed. Pub. L. 109–289, div. B, title II, §20319, as added Pub. L.
110–5, §2, Feb. 15, 2007, 121 Stat. 21.
Section, Pub. L. 102–377, title III, §302, Oct. 2, 1992, 106 Stat. 1339, authorized transfer of
funds between appropriations for Department of Energy activities.

§7269b. Transfer of unexpended appropriation balances
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.
(Pub. L. 102–377, title III, §303, Oct. 2, 1992, 106 Stat. 1339.)

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.

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.
1 See References in Text note below.

§7269c. Funding for Department of Energy activities not included in Fossil
Energy account
In this Act and future Acts, up to 4 percent of program direction funds available to the National Energy
Technology Laboratory may be used to support Department of Energy activities not included in this Fossil
Energy account: Provided further, That in this Act and future Acts, the salaries for Federal employees
performing research and development activities at the National Energy Technology Laboratory can continue
to be funded from any appropriate DOE program accounts.
(Pub. L. 110–161, div. C, title III, Dec. 26, 2007, 121 Stat. 1958.)

REFERENCES IN TEXT
This Act, referred to in text, is div. C of Pub. L. 110–161, Dec. 26, 2007, 121 Stat. 1937,
known as the Energy and Water Development and Related Agencies Appropriations Act, 2008.
For complete classification of this Act to the Code, see Tables.

CODIFICATION
Section appears under the headings "Department of Energy", "Energy Programs", and "Fossil
Energy Research and Development" in title III of div. C of Pub. L. 110–161. It was enacted as
part of the Energy and Water Development and Related Agencies Appropriations Act, 2008, and
also as part of the Consolidated Appropriations Act, 2008, and not as part of the Department of
Energy Organization Act which comprises this chapter.

§7270. Authorization of appropriations
Appropriations to carry out the provisions of this chapter shall be subject to annual authorization.
(Pub. L. 95–91, title VI, §660, Aug. 4, 1977, 91 Stat. 604.)

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REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7270a. Guards for Strategic Petroleum Reserve facilities
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.
(Pub. L. 95–91, title VI, §661, as added Pub. L. 100–531, §1(a), Oct. 25, 1988, 102 Stat. 2652.)

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 (§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.

§7270b. Trespass on Strategic Petroleum Reserve facilities
(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) 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.
(Pub. L. 95–91, title VI, §662, as added Pub. L. 100–531, §1(a), Oct. 25, 1988, 102 Stat. 2652.)

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
(§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.

§7270c. Annual assessment and report on vulnerability of facilities to
terrorist attack

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

§7271. Transferred
CODIFICATION
Section, Pub. L. 95–509, title II, §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, §3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, and was classified to
section 2771 of Title 50, War and National Defense, prior to repeal by Pub. L. 112–239, div. C,
title XXXI, §3131(u)(1), Jan. 2, 2013, 126 Stat. 2184.
§7271a. Repealed. Pub. L. 105–85, div. C, title XXXI, §3152(h), Nov. 18, 1997, 111 Stat. 2042
Section, Pub. L. 101–189, div. C, title XXXI, §3143, Nov. 29, 1989, 103 Stat. 1681, related to
major Department of Energy national security programs.

§7271b. Repealed. Pub. L. 106–65, div. C, title XXXII, §3294(f), Oct. 5, 1999, 113 Stat. 970
Section, Pub. L. 104–201, div. C, title XXXI, §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.

§7271c. Repealed. Pub. L. 105–85, div. C, title XXXI, §3152(b), Nov. 18, 1997, 111 Stat. 2042
Section, Pub. L. 104–201, div. C, title XXXI, §3156, Sept. 23, 1996, 110 Stat. 2841, related to
requirements for Department of Energy weapons activities budgets for fiscal years after fiscal
year 1997.

§§7271d to 7273a. Transferred
CODIFICATION
Section 7271d, Pub. L. 107–314, div. C, title XXXI, §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, §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, §210, Dec. 17, 1980, 94 Stat. 3202, which prohibited

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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, §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, §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, §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, §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, §3141(j)(4)(A)–(C), Nov. 24,
2003, 117 Stat. 1781, and is classified to section 2761 of Title 50, War and National Defense.

§7273b. Security investigations
(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.
(Pub. L. 101–510, div. C, title XXXI, §3104(d), Nov. 5, 1990, 104 Stat. 1828.)

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.
§7273c. Transferred
CODIFICATION
Section, Pub. L. 105–85, div. C, title XXXI, §3133, Nov. 18, 1997, 111 Stat. 2036; Pub. L.
105–261, div. A, title X, §1069(b)(3), div. C, title XXXI, §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, §3141(f)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1762,
and was classified to section 2561 of Title 50, War and National Defense, prior to repeal by Pub.
L. 111–84, div. C, title XXXI, §3117(a), Oct. 28, 2009, 123 Stat. 2709.
§7274. Environmental impact statements relating to defense facilities of
Department of Energy
(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—

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(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.
(Pub. L. 97–90, title II, §212(b), Dec. 4, 1981, 95 Stat. 1171.)

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.

NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE REPORT REQUIREMENT
Pub. L. 101–510, div. C, title XXXI, §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.

§§7274a to 7274d. Transferred
CODIFICATION
Section 7274a, Pub. L. 101–189, div. C, title XXXI, §3141, Nov. 29, 1989, 103 Stat. 1679;
Pub. L. 105–85, div. C, title XXXI, §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, §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, §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, §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, §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, §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, §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, §3141(i)(12)(A)–(C), Nov. 24, 2003, 117 Stat. 1779, and is
classified to section 2731 of Title 50, War and National Defense.

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§7274e. Scholarship and fellowship program for environmental restoration
and waste management
(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);
(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), 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); 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

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

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. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of
chapter 28 of Title 20, Education. 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.

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.

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
Pub. L. 103–337, div. C, title XXXI, §3156(b)(2), Oct. 5, 1994, 108 Stat. 3092, provided that:
"The amendment made by paragraph (1) [amending this section] shall take effect on January 3,
1995."

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§7274f. Transferred
CODIFICATION
Section, Pub. L. 102–190, div. C, title XXXI, §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, §3141(g)(2), Nov. 24, 2003, 117
Stat. 1764, and is classified to section 2581 of Title 50, War and National Defense.

§7274g. Environmental restoration and waste management five-year plan
and budget reports
(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.

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

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.

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.

AMENDMENTS
1994—Subsec. (a)(1). Pub. L. 103–337, §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, §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, §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

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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, §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, §3141(g)(9), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2588
of Title 50, War and National Defense.

§§7274h, 7274i. Transferred
CODIFICATION
Section 7274h, Pub. L. 102–484, div. C, title XXXI, §3161, Oct. 23, 1992, 106 Stat. 2644;
Pub. L. 103–337, div. A, title X, §1070(c)(2), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105–277, div.
A, §101(f) [title VIII, §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, §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, §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, §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,
§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.

SEMIANNUAL REPORT TO CONGRESS OF LOCAL IMPACT ASSISTANCE
Pub. L. 105–85, div. C, title XXXI, §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, §3141(k)(15)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1786, and
was classified to section 2821 of Title 50, War and National Defense, prior to repeal by Pub. L.
112–239, div. C, title XXXI, §3131(q)(2), Jan. 2, 2013, 126 Stat. 2183.

§7274j. Repealed. Pub. L. 108–136, div. C, title XXXI, §3141(m)(2), Nov. 24, 2003, 117 Stat. 1787
Section, Pub. L. 102–484, div. C, title XXXI, §3163, Oct. 23, 1992, 106 Stat. 2647; Pub. L.
104–106, div. A, title XV, §1504(c)(2), Feb. 10, 1996, 110 Stat. 514, related to definitions for
purposes of former sections 7274h to 7274j of this title.

§7274k. Transferred
CODIFICATION

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Section, Pub. L. 103–160, div. C, title XXXI, §3153, Nov. 30, 1993, 107 Stat. 1950; Pub. L.
103–337, div. C, title XXXI, §3160(b)–(d), Oct. 5, 1994, 108 Stat. 3094; Pub. L. 104–201, div. C,
title XXXI, §3152, Sept. 23, 1996, 110 Stat. 2839; Pub. L. 105–85, div. C, title XXXI, §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, §3141(g)(5), Nov.
24, 2003, 117 Stat. 1765, and was classified to former section 2584 of Title 50, War and
National Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, §3146(e)(5), Dec. 26,
2013, 127 Stat. 1076.

REQUIREMENT TO DEVELOP FUTURE USE PLANS FOR ENVIRONMENTAL
MANAGEMENT PROGRAMS
Pub. L. 104–201, div. C, title XXXI, §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, §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, §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, §3141(g)(6)(A)–(C), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2585 of
Title 50, War and National Defense.

§7274l. Authority to transfer certain Department of Energy property
(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) 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) 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.
(Pub. L. 103–160, div. C, title XXXI, §3155, Nov. 30, 1993, 107 Stat. 1953.)

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.

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§§7274m to 7274o. Transferred
CODIFICATION
Section 7274m, Pub. L. 103–337, div. C, title XXXI, §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, §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, §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, §3141(g)(11)(A)–(C), Nov. 24,
2003, 117 Stat. 1766, and was classified to former section 2601 of Title 50, War and National
Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, §3146(e)(10), Dec. 26, 2013, 127
Stat. 1077.
Section 7274o, Pub. L. 104–201, div. C, title XXXI, §3159, Sept. 23, 1996, 110 Stat. 2842;
Pub. L. 105–85, div. A, title XIII, §1305(c), (d), Nov. 18, 1997, 111 Stat. 1954; Pub. L. 106–65,
div. C, title XXXI, §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, §3141(e)(14), Nov. 24, 2003,
117 Stat. 1760, and is classified to section 2533 of Title 50, War and National Defense.

SUBMITTAL OF ANNUAL REPORT ON STATUS OF SECURITY FUNCTIONS AT
NUCLEAR WEAPONS FACILITIES
Pub. L. 105–85, div. C, title XXXI, §3162, Nov. 18, 1997, 111 Stat. 2049, as amended by Pub.
L. 106–65, div. C, title XXXI, §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, §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, §1 [div. C, title XXXI, §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, §3141(i)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1777,
and was classified to section 2703 of Title 50, War and National Defense, prior to repeal by Pub.
L. 113–66, div. C, title XXXI, §3146(g)(3)(A), Dec. 26, 2013, 127 Stat. 1079.

§7274p. Transferred
CODIFICATION
Section, Pub. L. 105–85, div. A, title XIII, §1305, Nov. 18, 1997, 111 Stat. 1952, which related
to advice to President and Congress regarding safety, security, and reliability of United States
nuclear weapons stockpile, was renumbered section 4218 of div. D of Pub. L. 107–314, the
Atomic Energy Defense Act, by Pub. L. 112–239, div. C, title XXXI, §3164(a)(1)–(3), Jan. 2,
2013, 126 Stat. 2206, and is classified to section 2538 of Title 50, War and National Defense.

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§7274q. Transferred
CODIFICATION
Section, Pub. L. 105–85, div. C, title XXXI, §3158, Nov. 18, 1997, 111 Stat. 2046; Pub. L.
108–7, div. D, title V, §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, §3141(k)(11), Nov. 24, 2003, 117 Stat. 1785, and is classified to
section 2811 of Title 50, War and National Defense.

§7274r. Transferred
CODIFICATION
Section, Pub. L. 108–7, div. D, title III, §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.

ENGINEERING AND MANUFACTURING RESEARCH, DEVELOPMENT, AND
DEMONSTRATION BY PLANT MANAGERS OF CERTAIN NUCLEAR WEAPONS
PRODUCTION PLANTS
Pub. L. 106–398, §1 [div. C, title XXXI, §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, §3141(k)(12), Nov. 24, 2003, 117 Stat. 1785, and is classified to
section 2812 of Title 50, War and National Defense.

§7274s. Transferred
CODIFICATION
Section, Pub. L. 107–314, div. C, title XXXI, §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, §3141(e)(6)(A)–(C), Nov. 24, 2003, 117 Stat. 1759, and is classified
to section 2525 of Title 50, War and National Defense.

§7275. Definitions
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

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

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.

PRIOR PROVISIONS
A prior section 7275, Pub. L. 98–381, title II, §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.

§7276. Regulations to require integrated resource planning
(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), 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.
(Pub. L. 98–381, title II, §202, as added Pub. L. 102–486, title I, §114, Oct. 24, 1992, 106 Stat. 2800.)

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.
PRIOR PROVISIONS
A prior section 7276, Pub. L. 98–381, title II, §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.

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L. 98–381 by section 114 of Pub. L. 102–486.

§7276a. Technical assistance
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.
(Pub. L. 98–381, title II, §203, as added Pub. L. 102–486, title I, §114, Oct. 24, 1992, 106 Stat. 2800.)

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.

§7276b. Integrated resource plans
(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) 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

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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) 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-ofcompliance, 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

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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) to reflect changes, if any, in technology, needs, or other
developments.
(Pub. L. 98–381, title II, §204, as added Pub. L. 102–486, title I, §114, Oct. 24, 1992, 106 Stat. 2800.)

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.

§7276c. Miscellaneous provisions
(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
(Pub. L. 98–381, title II, §205, as added Pub. L. 102–486, title I, §114, Oct. 24, 1992, 106 Stat. 2803.)

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 (§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.

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

§7276d. Property protection program for power marketing administrations
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.
(Pub. L. 107–78, §1, Nov. 28, 2001, 115 Stat. 808.)

CODIFICATION
Section was not enacted as part of the Department of Energy Organization Act which
comprises this chapter.

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§7276e. Provision of rewards
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.
(Pub. L. 107–78, §2, Nov. 28, 2001, 115 Stat. 808.)

CODIFICATION
Section was not enacted as part of the Department of Energy Organization Act which
comprises this chapter.
§7276f. Western Area Power Administration; deposit and availability of
discretionary offsetting collections
Notwithstanding section 3302 of title 31, section 825s of title 16, and section 392a of title 43, funds
collected by the Western Area Power Administration from the sale of power and related services that are
applicable to the repayment of the annual expenses of this account in this and subsequent fiscal years shall
be credited to this account as discretionary offsetting collections for the sole purpose of funding such
expenses, with such funds remaining available until expended: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally recovered in the same year that they
are incurred (excluding purchase power and wheeling expenses).
(Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat. 2870.)

REFERENCES IN TEXT
"This account" and "this appropriation", referred to in text, mean funds appropriated under the
heading "Construction, Rehabilitation, Operation and Maintenance, Western Area Power
Administration" of title III of the Energy and Water Development and Related Agencies
Appropriations Act, 2010, Pub. L. 111–85.

CODIFICATION
Section was enacted as part of the Energy and Water Development and Related Agencies
Appropriations Act, 2010, and not as part of the Department of Energy Organization Act which
comprises this chapter.

PURCHASE POWER AND WHEELING EXPENSES
Pub. L. 113–76, div. D, title III, Jan. 17, 2014, 128 Stat. 171, provided: "That for purposes of
this appropriation in this [Act] [div. D of Pub. L. 113–76, see Tables for classification] and
subsequent Acts, purchase power and wheeling expenses includes the cost of voluntary
purchases of power allowances in compliance with state greenhouse gas programs existing at
the time of enactment of this Act [Jan. 17, 2014]."

§7276g. Western Area Power Administration; deposit and availability of
funds related to Falcon and Amistad Dams
Notwithstanding the provisions of section 2 of the Act of June 18, 1954 (68 Stat. 255) as amended, and
section 3302 of title 31, all funds collected by the Western Area Power Administration from the sale of power
and related services from the Falcon and Amistad Dams that are applicable to the repayment of the annual
expenses of the hydroelectric facilities of these Dams and associated Western Area Power Administration
activities in this and subsequent fiscal years shall be credited to this account as discretionary offsetting
collections for the sole purpose of funding such expenses, with such funds remaining available until
expended: Provided further, That for purposes of this appropriation, annual expenses means expenditures

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that are generally recovered in the same year that they are incurred.
(Pub. L. 111–85, title III, Oct. 28, 2009, 123 Stat. 2871.)

REFERENCES IN TEXT
Section 2 of the Act of June 18, 1954 (68 Stat. 255), referred to in text, probably means
section 2 of act June 18, 1954, ch. 310, 68 Stat. 256, which is not classified to the Code.
"This account" and "this appropriation", referred to in text, mean funds appropriated under the
heading "Falcon and Amistad Operating and Maintenance Fund" of title III of the Energy and
Water Development and Related Agencies Appropriations Act, 2010, Pub. L. 111–85.

CODIFICATION
Section was enacted as part of the Energy and Water Development and Related Agencies
Appropriations Act, 2010, and not as part of the Department of Energy Organization Act which
comprises this chapter.

§7277. Report concerning review of United States coal imports
(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.
(Pub. L. 99–58, title II, §202, July 2, 1985, 99 Stat. 107.)

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.

SHORT TITLE
Pub. L. 99–58, title II, §201, July 2, 1985, 99 Stat. 107, 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

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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
Pub. L. 99–58, title II, §203, July 2, 1985, 99 Stat. 108, 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 coalfired 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."

§7278. Availability of appropriations for Department of Energy for

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transportation, uniforms, security, and price support and loan guarantee
programs; transfer of funds; acceptance of contributions
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.
(Pub. L. 102–377, title III, §301, Oct. 2, 1992, 106 Stat. 1338.)

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.

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.
1 See References in Text note below.

§7278a. Availability of funds for energy and water development for
multiyear contracts, grants, or cooperative agreements of $1,000,000 or
less
Notwithstanding section 301(c) of this Act, none of the funds made available under the heading
"Department of Energy—Energy Programs—Science" in this or any subsequent Energy and Water
Development and Related Agencies appropriations Act for any fiscal year may be used for a multiyear
contract, grant, cooperative agreement, or Other Transaction Agreement of $1,000,000 or less unless the
contract, grant, cooperative agreement, or Other Transaction Agreement is funded for the full period of
performance as anticipated at the time of award.
(Pub. L. 114–113, div. D, title III, §306, Dec. 18, 2015, 129 Stat. 2418.)

REFERENCES IN TEXT
Section 301(c) of this Act, referred to in text, means section 301(c) of Pub. L. 114–113, div. D,
title III, Dec. 18, 2015, 129 Stat. 2416, which is not classified to the Code.

CODIFICATION
Section was enacted as part of the Energy and Water Development and Related Agencies
Appropriations Act, 2016, and also as part of the Consolidated Appropriations Act, 2016, and
not as part of the Department of Energy Organization Act which comprises this chapter.

§7279. Identification in budget materials of amounts for certain Department
of Energy pension obligations
The Secretary of Energy shall include in the budget justification materials submitted to Congress in
support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President
under section 1105(a) of title 31) specific identification, as a budgetary line item, of the amounts required to
meet the pension obligations of the Department of Energy for contractor employees at each facility of the

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Department of Energy operated using amounts authorized to be appropriated for the Department of
Energy.
(Pub. L. 111–84, div. C, title XXXI, §3143, Oct. 28, 2009, 123 Stat. 2716.)

CODIFICATION
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2010,
and not as part of the Department of Energy Organization Act which comprises this chapter.

§7279a. Future-years energy program annual submission and budgeting
(a) Submission to Congress
The Secretary of Energy shall submit to Congress each year, at the time that the President's budget is
submitted to Congress that year under section 1105(a) of title 31, a future-years energy program reflecting
the estimated expenditures and proposed appropriations included in that budget. Any such future-years
energy program shall cover the fiscal year with respect to which the budget is submitted and at least the four
succeeding fiscal years. A future-years energy program shall be included in the fiscal year 2014 budget
submission to Congress and every fiscal year thereafter.
(b) Elements
Each future-years energy program shall contain the following:
(1) The estimated expenditures and proposed appropriations necessary to support programs, projects,
and activities of the Secretary of Energy during the 5-fiscal year period covered by the program,
expressed in a level of detail comparable to that contained in the budget submitted by the President to
Congress under section 1105 of title 31.
(2) The estimated expenditures and proposed appropriations shaped by high-level, prioritized program
and budgetary guidance that is consistent with the administration's policies and out year budget
projections and reviewed by the Department of Energy's (DOE) senior leadership to ensure that the
future-years energy program is consistent and congruent with previously established program and
budgetary guidance.
(3) A description of the anticipated workload requirements for each DOE national laboratory during the
5-fiscal year period.
(c) Consistency in budgeting
(1) The Secretary of Energy shall ensure that amounts described in subparagraph (A) of paragraph (2) for
any fiscal year are consistent with amounts described in subparagraph (B) of paragraph (2) for that fiscal
year.
(2) Amounts referred to in paragraph (1) are the following:
(A) The amounts specified in program and budget information submitted to Congress by the Secretary
of Energy in support of expenditure estimates and proposed appropriations in the budget submitted to
Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the futureyears energy program submitted pursuant to subsection (a).
(B) The total amounts of estimated expenditures and proposed appropriations necessary to support the
programs, projects, and activities of the administration included pursuant to paragraph (5) of section 1105
(a) of such title in the budget submitted to Congress under that section for any fiscal year.
(Pub. L. 112–74, div. B, title III, §304, Dec. 23, 2011, 125 Stat. 876.)

CODIFICATION
Section was enacted as part of the Energy and Water Development and Related Agencies
Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and
not as part of the Department of Energy Organization Act which comprises this chapter.

SUBCHAPTER VII—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

§7291. Transfer and allocations of appropriations and personnel

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(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 1 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.
(Pub. L. 95–91, title VII, §701, Aug. 4, 1977, 91 Stat. 605.)

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.

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, §4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
1 So in original. Probably should be "functions".

§7292. Effect on personnel
(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.
(Pub. L. 95–91, title VII, §702, Aug. 4, 1977, 91 Stat. 605.)

REFERENCES IN TEXT
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 95–91,

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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,
§709(a)(1), Aug. 4, 1977, 91 Stat. 607.

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.
1 See References in Text note below.

§7293. Agency terminations
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.
(Pub. L. 95–91, title VII, §703, Aug. 4, 1977, 91 Stat. 606.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7294. Incidental transfers
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,

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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.
(Pub. L. 95–91, title VII, §704, Aug. 4, 1977, 91 Stat. 606.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7295. Savings provisions
(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)—
(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

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Secretary or any other official, then such suit shall be continued with the Secretary or other official, as the
case may be, substituted.
(Pub. L. 95–91, title VIII, §705, Aug. 4, 1977, 91 Stat. 606.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7296. Separability
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.
(Pub. L. 95–91, title VII, §706, Aug. 4, 1977, 91 Stat. 607.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7297. Cross references
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.
(Pub. L. 95–91, title VII, §707, Aug. 4, 1977, 91 Stat. 607.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7298. Presidential authority
Except as provided in subchapter IV, 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.
(Pub. L. 95–91, title VII, §708, Aug. 4, 1977, 91 Stat. 607.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7299. Transition

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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.
(Pub. L. 95–91, title VII, §711, Aug. 4, 1977, 91 Stat. 609.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

§7300. Report to Congress; effect on personnel
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.
(Pub. L. 95–91, title VII, §712, Aug. 4, 1977, 91 Stat. 609.)

REFERENCES IN TEXT
This chapter, referred to in introductory provisions and pars. (1) and (2), was in the original
"this Act", meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of
Energy Organization Act, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 7101 of this title
and Tables.

TRANSFER OF FUNCTIONS
Functions vested by statute in United States Civil Service Commission transferred to Director
of Office of Personnel Management (except as otherwise specified) by Reorg. Plan No. 2 of
1978, §102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government
Organization and Employees, effective Jan. 1, 1979, as provided by section 1–102 of Ex. Ord.
No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5.

§7301. Environmental impact statements
The transfer of functions under subchapters III and IV of this chapter shall not affect the validity of any
draft environmental impact statement published before October 1, 1977.
(Pub. L. 95–91, title VII, §713, Aug. 4, 1977, 91 Stat. 610.)

SUBCHAPTER VIII—ENERGY PLANNING

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§7321. National Energy Policy Plan
(a) Preparation by President and submission to Congress; formulation and review
The President shall—
(1) prepare and submit to the Congress a proposed National Energy Policy Plan (hereinafter in this
subchapter referred to as a "proposed Plan") as provided in subsection (b);
(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.
(Pub. L. 95–91, title VIII, §801, Aug. 4, 1977, 91 Stat. 610.)

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ESTABLISHING A QUADRENNIAL ENERGY REVIEW
Memorandum for the Heads of Executive Departments and Agencies
Memorandum of President of the United States, Jan. 9, 2014, 79 F.R. 2577, provided:
Affordable, clean, and secure energy and energy services are essential for improving U.S.
economic productivity, enhancing our quality of life, protecting our environment, and ensuring
our Nation's security. Achieving these goals requires a comprehensive and integrated energy
strategy resulting from interagency dialogue and active engagement of external stakeholders.
To help the Federal Government better meet this responsibility, I am directing the undertaking of
a Quadrennial Energy Review.
The initial focus for the Quadrennial Energy Review will be our Nation's infrastructure for
transporting, transmitting, and delivering energy. Our current infrastructure is increasingly
challenged by transformations in energy supply, markets, and patterns of end use; issues of
aging and capacity; impacts of climate change; and cyber and physical threats. Any vulnerability
in this infrastructure may be exacerbated by the increasing interdependencies of energy
systems with water, telecommunications, transportation, and emergency response systems.
The first Quadrennial Energy Review Report will serve as a roadmap to help address these
challenges.
The Department of Energy has a broad role in energy policy development and the largest role
in implementing the Federal Government's energy research and development portfolio. Many
other executive departments and agencies also play key roles in developing and implementing
policies governing energy resources and consumption, as well as associated environmental
impacts. In addition, non-Federal actors are crucial contributors to energy policies. Because
most energy and related infrastructure is owned by private entities, investment by and
engagement of the private sector is necessary to develop and implement effective policies.
State and local policies; the views of nongovernmental, environmental, faith-based, labor, and
other social organizations; and contributions from the academic and non-profit sectors are also
critical to the development and implementation of effective energy policies.
An interagency Quadrennial Energy Review Task Force, which includes members from all
relevant executive departments and agencies (agencies), will develop an integrated review of
energy policy that integrates all of these perspectives. It will build on the foundation provided in
my Administration's Blueprint for a Secure Energy Future of March 30, 2011, and Climate Action Plan
released on June 25, 2013. The Task Force will offer recommendations on what additional
actions it believes would be appropriate. These may include recommendations on additional
executive or legislative actions to address the energy challenges and opportunities facing the
Nation.
Therefore, by the authority vested in me as President by the Constitution and the laws of the
United States of America, I hereby direct the following:
Section 1. Establishing the Quadrennial Energy Review Task Force. (a) There is established the
Quadrennial Energy Review Task Force (Task Force), to be co-chaired by the Director of the
Office of Science and Technology Policy and the Director of the Domestic Policy Council, which
shall include the heads of each of the following, or their designated representatives:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of the Interior;
(v) the Department of Agriculture;
(vi) the Department of Commerce;
(vii) the Department of Labor;
(viii) the Department of Health and Human Services;
(ix) the Department of Housing and Urban Development;
(x) the Department of Transportation;
(xi) the Department of Energy;
(xii) the Department of Veterans Affairs;

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(xiii) the Department of Homeland Security;
(xiv) the Office of Management and Budget;
(xv) the National Economic Council;
(xvi) the National Security Staff;
(xvii) the Council on Environmental Quality;
(xviii) the Council of Economic Advisers;
(xix) the Environmental Protection Agency;
(xx) the Small Business Administration;
(xxi) the Army Corps of Engineers;
(xxii) the National Science Foundation; and
(xxiii) such agencies and offices as the President may designate.
(b) The Co-Chairs may invite independent regulatory agencies with energy-related
responsibilities, including the Federal Energy Regulatory Commission and the Nuclear
Regulatory Commission, to participate in the Task Force, as determined to be appropriate by
those agencies.
(c) The Co-Chairs shall regularly convene and preside at meetings of the Task Force and
shall determine its agenda. Under the direction of the Co-Chairs, the Task Force shall:
(i) gather ideas and advice from State and local governments, tribes, large and small
businesses, universities, national laboratories, nongovernmental and labor organizations,
consumers, and other stakeholders and interested parties; and
(ii) coordinate the efforts of agencies and offices related to the development of the
Quadrennial Energy Review Report, as described in sections 1 and 2 of this memorandum.
(d) The Secretary of Energy shall provide support to the Task Force, including support for
coordination activities related to the preparation of the Quadrennial Energy Review Report,
policy analysis and modeling, and stakeholder engagement.
(e) The Task Force shall submit a Quadrennial Energy Review Report to the President every
4 years beginning with a report delivered by January 31, 2015. Intermediate reports and other
material may be prepared by the Task Force as required by the President.
Sec. 2. The Quadrennial Energy Review Report. The Task Force shall establish integrated
guidance to strengthen U.S. energy policy. Building on the Blueprint for a Secure Energy Future and
the Climate Action Plan, and taking into consideration applicable laws and regulations, the Task
Force shall prepare a Quadrennial Energy Review Report that:
(a) provides an integrated view of, and recommendations for, Federal energy policy in the
context of economic, environmental, occupational, security, and health and safety priorities, with
attention in the first report given to the challenges facing the Nation's energy infrastructures;
(b) reviews the adequacy, with respect to energy policy, of existing executive and legislative
actions, and recommends additional executive and legislative actions as appropriate;
(c) assesses and recommends priorities for research, development, and demonstration
programs to support key energy-innovation goals; and
(d) identifies analytical tools and data needed to support further policy development and
implementation.
Sec. 3. Outreach. In order to gather information and recommendations and to provide for a
transparent process in developing the Quadrennial Energy Review Report, the Task Force shall
engage with State and local governments, tribes, large and small businesses, universities,
national laboratories, nongovernmental and labor organizations, and other stakeholders and
interested parties. The Task Force shall develop an integrated outreach strategy that relies on
both traditional meetings and the use of information technology.
Sec. 4. General Provisions. (a) This memorandum shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to any agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(c) Nothing in this memorandum shall be construed to require the disclosure of confidential

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business information or trade secrets, classified information, law enforcement sensitive
information, or other information that must be protected in the interest of national security or
public safety.
(d) This memorandum is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against the United States,
its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) The Director of the Office of Science and Technology Policy is authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA.

§7322. Congressional review
(a) Each proposed Plan shall be referred to the appropriate committees in the Senate and the House of
Representatives.
(b) Each such committee shall review the 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.
(Pub. L. 95–91, title VIII, §802, Aug. 4, 1977, 91 Stat. 611.)

SUBCHAPTER IX—EFFECTIVE DATE AND INTERIM APPOINTMENTS

§7341. Effective date
The provisions of this chapter shall take effect one hundred and twenty days after the 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 1 until such time as funds for that purpose are otherwise
available.
(Pub. L. 95–91, title IX, §901, Aug. 4, 1977, 91 Stat. 612.)

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.

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.
1 So in original.

§7342. Interim appointments
In the event that one or more officers required by this chapter to be appointed by and with the advice and
consent of the Senate shall not have entered upon office on October 1, 1977, the President may designate

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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.
(Pub. L. 95–91, title IX, §902, Aug. 4, 1977, 91 Stat. 612.)

REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 95–91, Aug. 4,
1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title
note set out under section 7101 of this title and Tables.

SUBCHAPTER X—SUNSET PROVISIONS

§7351. Submission of comprehensive review
Not later than January 15, 1982, the President shall prepare and submit to the Congress a 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.
(Pub. L. 95–91, title X, §1001, Aug. 4, 1977, 91 Stat. 612.)

§7352. Contents of review
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

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necessary to prevent such discontinuation from being unduly disruptive.
(Pub. L. 95–91, title X, §1002, Aug. 4, 1977, 91 Stat. 612.)

SUBCHAPTER XI—ENERGY TARGETS

§§7361 to 7364. Repealed. Pub. L. 102–486, title XVI, §1606, Oct. 24, 1992, 106 Stat. 3003
Section 7361, Pub. L. 96–294, title III, §301, June 30, 1980, 94 Stat. 712, related to
preparation of energy targets.
Section 7362, Pub. L. 96–294, title III, §302, June 30, 1980, 94 Stat. 712, related to
congressional consideration.
Section 7363, Pub. L. 96–294, title III, §303, June 30, 1980, 94 Stat. 714, set out energy
target form and definitions.
Section 7364, Pub. L. 96–294, title III, §304, June 30, 1980, 94 Stat. 715, set out general
provisions regarding targets.

SUBCHAPTER XII—RENEWABLE ENERGY INITIATIVES

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.

§7371. Statement of purpose
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.
(Pub. L. 96–294, title IV, §402, June 30, 1980, 94 Stat. 715.)

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.

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'."

§7372. "Secretary" and "renewable energy resource" defined
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

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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.
(Pub. L. 96–294, title IV, §403, June 30, 1980, 94 Stat. 716.)

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.

§7373. Coordinated dissemination of information on renewable energy
resources and conservation
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.
(Pub. L. 96–294, title IV, §404, June 30, 1980, 94 Stat. 716.)

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.

§7374. Energy self-sufficiency initiatives
(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);
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

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under subsection (b). 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) along with a report suggesting the legislative initiatives needed to fully
implement such plan.
(Pub. L. 96–294, title IV, §406, June 30, 1980, 94 Stat. 716.)

§7375. Authorization of appropriations
(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).
(Pub. L. 96–294, title IV, §409, June 30, 1980, 94 Stat. 719.)

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.

SUBCHAPTER XIII—DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS

CODIFICATION
This subchapter was enacted as part of part E (§§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.

§7381. Findings and purposes
(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

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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.
(Pub. L. 101–510, div. C, title XXXI, §3162, Nov. 5, 1990, 104 Stat. 1840.)

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.
SHORT TITLE
Pub. L. 101–510, div. C, title XXXI, §3161, Nov. 5, 1990, 104 Stat. 1840, provided that: "This
part [part E (§§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, §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, §3141(k)(9)(A)–(C), Nov. 24, 2003, 117 Stat. 1785, and is classified to section 2795 of
Title 50, War and National Defense.

Part A—Science Education Enhancement

CODIFICATION
Pub. L. 110–69, title V, §5003(d)(1), Aug. 9, 2007, 121 Stat. 602, added heading.

§7381a. Science education programs
(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) Organization of science, engineering, and mathematics education programs
(1) Director of Science, Engineering, and Mathematics Education
Notwithstanding any other provision of law, the Secretary, acting through the Under Secretary for
Science (referred to in this subsection as the "Under Secretary"), shall appoint a Director of Science,
Engineering, and Mathematics Education (referred to in this subsection as the "Director") with the principal

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responsibility for administering science, engineering, and mathematics education programs across all
functions of the Department.
(2) Qualifications
The Director shall be an individual, who by reason of professional background and experience, is
specially qualified to advise the Under Secretary on all matters pertaining to science, engineering, and
mathematics education at the Department.
(3) Duties
The Director shall—
(A) oversee all science, engineering, and mathematics education programs of the Department;
(B) represent the Department as the principal interagency liaison for all science, engineering, and
mathematics education programs, unless otherwise represented by the Secretary or the Under
Secretary;
(C) prepare the annual budget and advise the Under Secretary on all budgetary issues for science,
engineering, and mathematics education programs of the Department;
(D) increase, to the maximum extent practicable, the participation and advancement of women and
underrepresented minorities at every level of science, technology, engineering, and mathematics
education; and
(E) perform other such matters relating to science, engineering, and mathematics education as are
required by the Secretary or the Under Secretary.
(4) Staff and other resources
The Secretary shall assign to the Director such personnel and other resources as the Secretary
considers necessary to permit the Director to carry out the duties of the Director.
(5) Assessment
(A) In general
The Secretary shall offer to enter into a contract with the National Academy of Sciences under which
the National Academy, not later than 5 years after, and not later than 10 years after, August 9, 2007,
shall assess the performance of the science, engineering, and mathematics education programs of the
Department.
(B) Considerations
An assessment under this paragraph shall be conducted taking into consideration, where applicable,
the effect of science, engineering, and mathematics education programs of the Department on student
academic achievement in science and mathematics.
(6) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this subsection.
(c) Relationship to other Department activities
The programs described in subsection (a) shall supplement and be coordinated with current activities of
the Department, but shall not supplant them.
(d) Science, Engineering, and Mathematics Education Fund
The Secretary shall establish a Science, Engineering, and Mathematics Education Fund, using not less
than 0.3 percent of the amount made available to the Department for research, development, demonstration,
and commercial application for each fiscal year, to carry out sections 7381b, 7381c, and 7381c–1 of this
title.
(e) Annual plan for allocation of education funding
The Secretary shall submit to Congress as part of the annual budget submission for a fiscal year a report
describing the manner in which the Department has complied with subsection (d) for the prior fiscal year and
the manner in which the Department proposes to comply with subsection (d) during the following fiscal year,
including—
(1) the total amount of funding for research, development, demonstration, and commercial application
activities for the corresponding fiscal year;
(2) the amounts set aside for the Science, Engineering, and Mathematics Education Fund under
subsection (d) from funding for research activities, development activities, demonstration activities, and
commercial application activities for the corresponding fiscal year; and
(3) a description of how the funds set aside under subsection (d) were allocated for the prior fiscal year
and will be allocated for the following fiscal year.

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(f) Programs for students from under-represented groups
In carrying out a program under subsection (a), the Secretary shall give priority to activities that are
designed to encourage students from under-represented groups to pursue scientific and technical careers.
(Pub. L. 101–510, div. C, title XXXI, §3164, Nov. 5, 1990, 104 Stat. 1841; Pub. L. 109–58, title XI, §§1102
(a), 1105(a), Aug. 8, 2005, 119 Stat. 938, 939; Pub. L. 110–69, title V, §5003(a), Aug. 9, 2007, 121 Stat.
601.)

AMENDMENTS
2007—Subsecs. (b), (c). Pub. L. 110–69, §5003(a)(1), (2), added subsec. (b) and
redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 110–69, §5003(a)(3), added subsec. (d) and struck out former subsec.
(d). Former text read as follows: "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."
Pub. L. 110–69, §5003(a)(1), redesignated subsec. (c) as (d). Former subsec. (d)
redesignated (f).
Subsec. (e). Pub. L. 110–69, §5003(a)(3), added subsec. (e).
Subsec. (f). Pub. L. 110–69, §5003(a)(1), redesignated subsec. (d) as (f).
2005—Subsec. (c). Pub. L. 109–58, §1102(a), added subsec. (c).
Subsec. (d). Pub. L. 109–58, §1105(a), added subsec. (d).

§7381b. Laboratory cooperative science centers and other authorized
education activities
(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

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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) 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).
(Pub. L. 101–510, div. C, title XXXI, §3165, Nov. 5, 1990, 104 Stat. 1841; Pub. L. 102–25, title VII, §704(d),
Apr. 6, 1991, 105 Stat. 120; Pub. L. 109–58, title XI, §1102(b), Aug. 8, 2005, 119 Stat. 938.)

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, §704(d)(1), redesignated subpars. (J) to (M) as pars. (10)
to (13), respectively.
Subsec. (b). Pub. L. 102–25, §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.

§7381c. Education partnerships
(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) 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

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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.
(Pub. L. 101–510, div. C, title XXXI, §3166, Nov. 5, 1990, 104 Stat. 1843; Pub. L. 109–58, title XI, §1102(c),
Aug. 8, 2005, 119 Stat. 938.)

AMENDMENTS
2005—Subsec. (b)(1). Pub. L. 109–58, §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, §1102(c)(2)–(4), added par. (7).

§7381c–1. Partnerships with historically Black colleges and universities,
Hispanic-serving institutions, and tribal colleges
(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) 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) 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.
(Pub. L. 101–510, div. C, title XXXI, §3167, as added Pub. L. 109–58, title XI, §1105(b)(2), Aug. 8, 2005,
119 Stat. 940; amended Pub. L. 110–315, title IX, §941(k)(2)(M), Aug. 14, 2008, 122 Stat. 3467.)

PRIOR PROVISIONS
A prior section 3167 of Pub. L. 101–510 was renumbered section 3168 and is classified to

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section 7381d of this title.

AMENDMENTS
2008—Subsec. (a)(5). Pub. L. 110–315 made technical amendment to reference in original act
which appears in text as reference to section 1801(a) of title 25.

§7381d. Definitions
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 singlepurpose 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.
(5) National laboratory.—The term "National Laboratory" has the meaning given the term in section
15801 of this title.
(Pub. L. 101–510, div. C, title XXXI, §3168, formerly §3167, Nov. 5, 1990, 104 Stat. 1843; Pub. L. 105–245,
title III, §309(b)(2)(D), Oct. 7, 1998, 112 Stat. 1853; renumbered §3168 and amended Pub. L. 109–58, title
XI, §§1102(d), 1105(b)(1), Aug. 8, 2005, 119 Stat. 938, 939; Pub. L. 110–69, title V, §5003(c), Aug. 9, 2007,
121 Stat. 602.)

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, §101, Oct. 20,
1994, 108 Stat. 3519. See section 7801 of Title 20, Education.

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
2007—Par. (5). Pub. L. 110–69 added par. (5).
2005—Par. (3). Pub. L. 109–58, §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".
1 See References in Text note below.

§7381e. Authorization of appropriations
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 part and administered
by the Office of Science of the Department of Energy, $40,000,000 for fiscal year 1991.
(Pub. L. 101–510, div. C, title XXXI, §3169, formerly §3168, Nov. 5, 1990, 104 Stat. 1843; Pub. L. 105–245,
title III, §309(b)(2)(D), Oct. 7, 1998, 112 Stat. 1853; renumbered §3169, Pub. L. 109–58, title XI, §1105(b)
(1), Aug. 8, 2005, 119 Stat. 939; Pub. L. 110–69, title V, §5003(d)(2), Aug. 9, 2007, 121 Stat. 603.)

AMENDMENTS
2007—Pub. L. 110–69 substituted "this part" for "this subchapter".
1998—Pub. L. 105–245 substituted "Office of Science" for "Office of Energy Research".

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Part B—Science, Engineering, and Mathematics Education Programs

§7381g. Definitions
In this part:
(1) Director
The term "Director" means the Director of Science, Engineering, and Mathematics Education.
(2) National Laboratory
The term "National Laboratory" has the meaning given the term in section 15801 of this title.
(Pub. L. 101–510, div. C, title XXXI, §3170, as added Pub. L. 110–69, title V, §5003(d)(3), Aug. 9, 2007, 121
Stat. 603.)

CONSULTATION
Pub. L. 110–69, title V, §5003(b), Aug. 9, 2007, 121 Stat. 602, provided that: "The Secretary
[of Energy] shall—
"(1) consult with the Secretary of Education and the Director of the National Science
Foundation regarding activities authorized under subpart B of the Department of Energy
Science Education Enhancement Act [this part] (as added by subsection (d)(3)) to improve
science and mathematics education; and
"(2) otherwise make available to the Secretary of Education reports associated with
programs authorized under that section."

subpart 1—[repealed]

CODIFICATION
Pub. L. 111–358, title IX, §901(c)(1), Jan. 4, 2011, 124 Stat. 4044, struck out heading for
subpart 1 "PILOT PROGRAM OF GRANTS TO SPECIALTY SCHOOLS FOR SCIENCE AND
MATHEMATICS".

§7381h. Repealed. Pub. L. 111–358, title IX, §901(a), Jan. 4, 2011, 124 Stat. 4044
Section, Pub. L. 101–510, div. C, title XXXI, §3171, as added Pub. L. 110–69, title V, §5003
(d)(3), Aug. 9, 2007, 121 Stat. 603, related to pilot program of grants to specialty schools for
science and mathematics.

subpart 2—[repealed]

CODIFICATION
Pub. L. 111–358, title IX, §901(c)(1), Jan. 4, 2011, 124 Stat. 4044, struck out heading for
subpart 2 "EXPERIENTIAL-BASED LEARNING OPPORTUNITIES".

§7381j. Repealed. Pub. L. 111–358, title IX, §901(a), Jan. 4, 2011, 124 Stat. 4044
Section, Pub. L. 101–510, div. C, title XXXI, §3175, as added Pub. L. 110–69, title V, §5003
(d)(3), Aug. 9, 2007, 121 Stat. 606, related to experiential-based learning opportunities.

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subpart 3—national laboratories centers of excellence in science, technology, engineering, and
mathematics education

§7381l. National Laboratories Centers of Excellence in Science,
Technology, Engineering, and Mathematics education
(a) Definition of high-need public secondary school
In this section, the term "high-need public secondary school" means a secondary school—
(1) in which 40 percent or more of the students attending the school are children from low-income
families; or
(2) designated with a school locale code of 41, 42, or 43, as determined by the Secretary of Education.
(b) Establishment
The Secretary shall establish at each of the National Laboratories a program to support a Center of
Excellence in Science, Technology, Engineering, and Mathematics (referred to in this section as a "Center of
Excellence") in at least 1 high-need public secondary school located in the region served by the National
Laboratory to provide assistance in accordance with subsection (f).
(c) Collaboration
(1) In general
To comply with subsection (g), each high-need public secondary school selected as a Center of
Excellence and the National Laboratory shall form a partnership with a school, department, or program of
education at an institution of higher education.
(2) Nonprofit entities
The partnership may include a nonprofit entity with demonstrated experience and effectiveness in
science or mathematics, as agreed to by other members of the partnership.
(d) Selection
(1) In general
The Secretary, acting through the Director, shall establish criteria to guide the National Laboratories in
selecting the sites for Centers of Excellence.
(2) Process
A National Laboratory shall select a site for a Center of Excellence through an open, widely-publicized,
and competitive process.
(e) Goals
The Secretary shall establish goals and performance assessments for each Center of Excellence
authorized under subsection (b).
(f) Assistance
Consistent with sections 7381b and 7381c of this title, the Director shall make available necessary
assistance for a program established under this section through the use of scientific and engineering staff of
a National Laboratory, including the use of staff—
(1) to assist teachers in teaching a course at a Center of Excellence in Science, Technology,
Engineering, and Mathematics; and
(2) to use National Laboratory scientific equipment in the teaching of the course.
(g) Special rules
A Center of Excellence in a region shall ensure—
(1) provision of clinical practicum, student teaching, or internship experiences for science, technology,
and mathematics teacher candidates as part of the teacher preparation program of the Center of
Excellence;
(2) provision of supervision and mentoring for teacher candidates in the teacher preparation program;
and
(3) to the maximum extent practicable, provision of professional development for veteran teachers in the

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public secondary schools in the region.
(h) Evaluation
The Secretary shall consider the results of performance assessments required under subsection (e) in
determining the contract award fee of a National Laboratory management and operations contractor.
(i) Plan
The Director shall—
(1) develop an evaluation and accountability plan for the activities funded under this section that
objectively measures the impact of the activities; and
(2) disseminate information obtained from those measurements.
(j) No effect on similar programs
Nothing in this section displaces or otherwise affects any similar program being carried out as of August 9,
2007, at any National Laboratory under any other provision of law.
(Pub. L. 101–510, div. C, title XXXI, §3181, as added Pub. L. 110–69, title V, §5003(d)(3), Aug. 9, 2007, 121
Stat. 607; amended Pub. L. 114–95, title IX, §9215(w), Dec. 10, 2015, 129 Stat. 2171.)

AMENDMENTS
2015—Subsec. (a)(1). Pub. L. 114–95 substituted "in which 40 percent or more of the

students attending the school are children from low-income families" for "with a high
concentration of low-income individuals (as defined in section 6537 of title 20)".

EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain
noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as
a note under section 6301 of Title 20, Education.

subpart 4—summer institutes

§7381n. Summer institutes
(a) Definitions
In this section:
(1) Eligible partner
The term "eligible partner" means—
(A) the science, engineering, or mathematics department at an institution of higher education, acting
in coordination with a school, department, or program of education at an institution of higher education
that provides training for teachers and principals; or
(B) a nonprofit entity with expertise in providing professional development for science, technology,
engineering, or mathematics teachers.
(2) Summer institute
The term "summer institute" means an institute, operated during the summer, that—
(A) is hosted by a National Laboratory or an eligible partner;
(B) is operated for a period of not less than 2 weeks;
(C) includes, as a component, a program that provides direct interaction between students and
faculty, including personnel of 1 or more National Laboratories who have scientific expertise;
(D) provides for follow-up training, during the academic year, that is conducted in the classroom; and
(E) provides hands-on science, technology, engineering, or mathematics laboratory experience for
not less than 2 days.
(b) Summer institute programs authorized
(1) Programs at the National Laboratories
The Secretary, acting through the Director, shall establish or expand programs of summer institutes at
each of the National Laboratories to provide additional training to strengthen the science, technology,

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engineering, and mathematics teaching skills of teachers employed at public schools for kindergarten
through grade 12, in accordance with the activities authorized under paragraphs (3) and (4).
(2) Programs with eligible partners
(A) In general
The Secretary, acting through the Director, shall identify and provide assistance as described in
subparagraph (C) to eligible partners to establish or expand programs of summer institutes that provide
additional training to strengthen the science, technology, engineering, and mathematics teaching skills
of teachers employed at public schools for kindergarten through grade 12, in accordance with
paragraphs (3) and (4).
(B) Selection criteria
In identifying eligible partners under subparagraph (A), the Secretary shall require that partner
institutions describe—
(i) how the partner institution has the capability to administer the program in accordance with this
section, which may include a description of any existing programs at the institution of the applicant
that are targeted at education of science and mathematics teachers and the number of teachers
graduated annually from the programs; and
(ii) how the partner institution will assist the National Laboratory in carrying out the activities
described in paragraphs (3) and (4).
(C) Assistance
Consistent with sections 7381b and 7381c of this title, the Director shall make available funds
authorized under this section to carry out a program using scientific and engineering staff of the
National Laboratories, during which the staff—
(i) assists in providing training to teachers at summer institutes; and
(ii) uses National Laboratory scientific equipment in the training.
(3) Required activities
Funds authorized under this section shall be used for—
(A) creating opportunities for enhanced and ongoing professional development for teachers that
improves the science, technology, engineering, and mathematics content knowledge of the teachers;
(B) training to improve the ability of science, technology, engineering, and mathematics teachers to
translate content knowledge and recent developments in pedagogy into classroom practice, including
training to use curricula that are—
(i) based on scientific research; and
(ii) aligned with challenging State academic content standards;
(C) training on the use and integration of technology in the classrooms; and
(D) supplemental and follow-up professional development activities as described in subsection (a)(2)
(D).
(4) Additional uses of funds
Funds authorized under this section may be used for—
(A) training and classroom materials to assist in carrying out paragraph (3);
(B) expenses associated with scientific and engineering staff at the National Laboratories assisting in
providing training to teachers at summer institutes;
(C) instruction in the use and integration of data and assessments to inform and instruct classroom
practice; and
(D) stipends and travel expenses for teachers participating in the program.
(c) Priority
To the maximum extent practicable, the Director shall ensure that each summer institute program
authorized under subsection (b) provides training to—
(1) teachers from a wide range of school districts;
(2) teachers from high-need school districts; and
(3) teachers from groups underrepresented in the fields of science, technology, engineering, and
mathematics teaching, including women and members of minority groups.
(d) Coordination and consultation
The Director shall consult and coordinate with the Secretary of Education and the Director of the National
Science Foundation regarding the implementation of the programs authorized under subsection (b).

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(e) Evaluation and accountability plan
(1) In general
The Director shall develop an evaluation and accountability plan for the activities funded under this
section that measures the impact of the activities.
(2) Contents
The evaluation and accountability plan shall include—
(A) measurable objectives to increase the number of science, technology, and mathematics teachers
who participate in the summer institutes involved; and
(B) measurable objectives for improved student academic achievement on State science,
mathematics, and to the maximum extent applicable, technology and engineering assessments.
(3) Report to Congress
The Secretary shall submit to Congress with the annual budget submission of the Secretary a report on
how the activities assisted under this section improve the science, technology, engineering, and
mathematics teaching skills of participating teachers.
(f) Authorization of appropriations
There are authorized to be appropriated to carry out this section—
(1) $15,000,000 for fiscal year 2008;
(2) $20,000,000 for fiscal year 2009;
(3) $25,000,000 for fiscal year 2010; and
(4) $25,000,000 for each of fiscal years 2011 through 2013.
(Pub. L. 101–510, div. C, title XXXI, §3185, as added Pub. L. 110–69, title V, §5003(d)(3), Aug. 9, 2007, 121
Stat. 609; amended Pub. L. 111–358, title IX, §901(b), Jan. 4, 2011, 124 Stat. 4044.)

AMENDMENTS
2011—Subsec. (f)(4). Pub. L. 111–358 added par. (4).

subpart 5—[repealed]

CODIFICATION
Pub. L. 111–358, title IX, §901(c)(1), Jan. 4, 2011, 124 Stat. 4044, struck out heading for
subpart 5 "NATIONAL ENERGY EDUCATION DEVELOPMENT".

§7381p. Repealed. Pub. L. 111–358, title IX, §901(a), Jan. 4, 2011, 124 Stat. 4044
Section, Pub. L. 101–510, div. C, title XXXI, §3191, as added Pub. L. 110–69, title V, §5003
(d)(3), Aug. 9, 2007, 121 Stat. 611, related to national energy education development.

subpart 6—administration

§7381r. Mentoring program
(a) In general
As part of the programs established under subparts 3 and 4, the Director shall establish a program to
recruit and provide mentors for women and underrepresented minorities who are interested in careers in
science, engineering, and mathematics.
(b) Pairing
The program shall pair mentors with women and minorities who are in programs of study at specialty
schools for science and mathematics, Centers of Excellence, and summer institutes established under

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subparts 3 and 4, respectively.
(c) Program evaluation
The Secretary shall annually—
(1) use metrics to evaluate the success of the programs established under subsection (a); and
(2) submit to Congress a report that describes the results of each evaluation.
(Pub. L. 101–510, div. C, title XXXI, §3195, as added Pub. L. 110–69, title V, §5003(d)(3), Aug. 9, 2007, 121
Stat. 611; amended Pub. L. 111–358, title IX, §901(c)(2), Jan. 4, 2011, 124 Stat. 4044.)

REFERENCES IN TEXT
Subparts 3 and 4, referred to in subsec. (b), relate to Centers of Excellence and summer
institutes, respectively. Prior to amendment by Pub. L. 111–358, subsec. (b) also contained
reference to subpart 1, which related to specialty schools for science and mathematics and was
repealed by Pub. L. 111–358, title IX, §901(c)(1), Jan. 4, 2011, 124 Stat. 4044. See 2011
Amendment note below.

AMENDMENTS
2011—Pub. L. 111–358 substituted "subparts 3 and 4" for "subparts 1, 3, and 4" in subsecs.
(a) and (b).

SUBCHAPTER XIV—ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIPS

CODIFICATION
This subchapter was enacted as part A (§§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.

§7382. Findings
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.
(Pub. L. 103–382, title V, §512, Oct. 20, 1994, 108 Stat. 4042.)

SHORT TITLE
Pub. L. 103–382, title V, §511, Oct. 20, 1994, 108 Stat. 4042, provided that: "This part [part A
(§§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'."

§7382a. Purpose; designation
(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.

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(b) Designation
A recipient of a fellowship under this subchapter shall be known as an "Albert Einstein Fellow".
(Pub. L. 103–382, title V, §513, Oct. 20, 1994, 108 Stat. 4042.)

§7382b. Definitions
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.
(Pub. L. 103–382, title V, §514, Oct. 20, 1994, 108 Stat. 4042; Pub. L. 107–110, title X, §1076(bb), Jan. 8,
2002, 115 Stat. 2093; Pub. L. 114–95, title IX, §9215(h), Dec. 10, 2015, 129 Stat. 2167.)

AMENDMENTS
2015—Par. (1) to (3). Pub. L. 114–95 made technical amendment to reference in original act

which appears in text as reference to section 7801 of title 20.
2002—Pars. (1) to (3). Pub. L. 107–110 substituted "7801" for "8801".

EFFECTIVE DATE OF 2015 AMENDMENT
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain
noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as
a note under section 6301 of Title 20, Education.

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.

§7382c. Fellowship Program
(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.

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(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);
(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.
(Pub. L. 103–382, title V, §515, Oct. 20, 1994, 108 Stat. 4042.)

§7382d. Fellowship awards
(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

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participate in the Program.
(Pub. L. 103–382, title V, §516, Oct. 20, 1994, 108 Stat. 4044.)

REFERENCES IN TEXT
The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5,
Government Organization and Employees.

§7382e. Waste management education research consortium (WERC)
(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.
(Pub. L. 103–382, title V, §517, Oct. 20, 1994, 108 Stat. 4044.)
1 So in original. No subsec. (b) has been enacted.

§7382f. Authorization of appropriations
(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.
(Pub. L. 103–382, title V, §518, Oct. 20, 1994, 108 Stat. 4044.)

SUBCHAPTER XV—MATTERS RELATING TO SAFEGUARDS, SECURITY, AND
COUNTERINTELLIGENCE

CODIFICATION
This subchapter was enacted as part of subtitle D (§§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.

§7383. Commission on Safeguards, Security, and Counterintelligence at
Department of Energy Facilities
(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,

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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

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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.
(Pub. L. 106–65, div. C, title XXXI, §3142, Oct. 5, 1999, 113 Stat. 931.)

REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (f), is Pub. L. 92–463, Oct. 6,
1972, 86 Stat. 770, 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.

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 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

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Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under
section 3001 of Title 50, War and National Defense.

SHORT TITLE
Pub. L. 106–65, div. C, title XXXI, §3141, Oct. 5, 1999, 113 Stat. 931, provided that: "This
subtitle [subtitle D, §§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'."

§§7383a to 7383d. Transferred
CODIFICATION
Section 7383a, Pub. L. 106–65, div. C, title XXXI, §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, §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, §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, §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, §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, §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, §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, §3141(h)(6), Nov. 24, 2003, 117 Stat. 1773, and is classified to section 2656 of
Title 50, War and National Defense.

§7383e. Repealed. Pub. L. 114–113, div. M, title VII, §701(e), Dec. 18, 2015, 129 Stat. 2930
Section, Pub. L. 106–65, div. C, title XXXI, §3151, Oct. 5, 1999, 113 Stat. 939, related to
annual report by the President on espionage by the People's Republic of China.

§§7383f to 7383h–1. Transferred
CODIFICATION
Section 7383f, Pub. L. 106–65, div. C, title XXXI, §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,

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§3141(h)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1773, and was classified to section 2658 of Title
50, War and National Defense, prior to repeal by Pub. L. 113–66, div. C, title XXXI, §3132(a)(1),
Dec. 26, 2013, 127 Stat. 1068.
Section 7383g, Pub. L. 106–65, div. C, title XXXI, §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, §3141(h)(9)(A)–
(C), Nov. 24, 2003, 117 Stat. 1774, and was classified to section 2659 of Title 50, War and
National Defense, prior to repeal by Pub. L. 114–113, div. M, title VII, §701(f), Dec. 18, 2015,
129 Stat. 2930.
Section 7383h, Pub. L. 106–65, div. C, title XXXI, §3154, Oct. 5, 1999, 113 Stat. 941; Pub. L.
106–398, §1 [div. C, title XXXI, §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, §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, §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, §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.

§7383i. Definitions of national laboratory and nuclear weapons production
facility
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.
(Pub. L. 106–65, div. C, title XXXI, §3155, Oct. 5, 1999, 113 Stat. 942.)

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.

§7383j. Definition of Restricted Data
In this subchapter, the term "Restricted Data" has the meaning given that term in section 2014(y) of this
title.
(Pub. L. 106–65, div. C, title XXXI, §3156, Oct. 5, 1999, 113 Stat. 942.)

REFERENCES IN TEXT

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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.

SUBCHAPTER XVI—ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

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.
§7384. Findings; sense of Congress
(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.

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(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3602], Oct. 30, 2000, 114 Stat. 1654, 1654A-495.)

SHORT TITLE
Pub. L. 106–398, §1 [div. C, title XXXVI, §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, §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, §3151(b), Dec. 28, 2001, 115 Stat. 1375, provided that:
"(1) The National Institute for Occupational Safety and Health shall, with the cooperation of

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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."

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

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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

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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

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(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.

EXTENSION OF TERM OF ADVISORY BOARD ON RADIATION AND WORKER HEALTH
Term of Advisory Board on Radiation and Worker Health extended until Sept. 30, 2021, by
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and
Employees.
Previous extensions of term of Advisory Board on Radiation and Worker Health were
contained in the following prior Executive Orders:
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.

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Part A—Establishment of Compensation Program and Compensation Fund

§7384d. Establishment of Energy Employees Occupational Illness
Compensation Program
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3611], Oct. 30, 2000, 114 Stat. 1654, 1654A-497.)

§7384e. Establishment of Energy Employees Occupational Illness
Compensation Fund
(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).
(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), 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.

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(Pub. L. 106–398, §1 [div. C, title XXXVI, §3612], Oct. 30, 2000, 114 Stat. 1654, 1654A-497.)

§7384f. Legislative proposal
(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) 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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3613], Oct. 30, 2000, 114 Stat. 1654, 1654A-498.)

§7384g. Authorization of appropriations
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3614], Oct. 30, 2000, 114 Stat. 1654, 1654A-498.)

REFERENCES IN TEXT
Section 3103(a), referred to in subsec. (a), means section 1 [div. C, title XXXVI, §3103(a)] of
Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, 1654A-449, which is not classified to the Code.
1 See References in Text note below.

Part B—Program Administration

§7384l. Definitions for program administration
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).

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(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).

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(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

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3621], Oct. 30, 2000, 114 Stat. 1654, 1654A-498; Pub. L. 107–
20, title II, §2403(a), July 24, 2001, 115 Stat. 175; Pub. L. 107–107, div. C, title XXXI, §3151(a)(1), (4)(C),
Dec. 28, 2001, 115 Stat. 1371, 1374; Pub. L. 108–375, div. C, title XXXI, §§3166(b)(2), 3168(a), Oct. 28,
2004, 118 Stat. 2189, 2190.)

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.

AMENDMENTS
2004—Par. (3). Pub. L. 108–375, §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, §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, §3151(a)(1), added subpar. (D).
Par. (18). Pub. L. 107–107, §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

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section 8133 of title 5."

EFFECTIVE DATE OF 2001 AMENDMENTS
Pub. L. 107–107, div. C, title XXXI, §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, §2403(b), July 24, 2001, 115 Stat. 175, provided that: "This section
[amending this section] shall be effective on October 1, 2001."

§7384m. Expansion of list of beryllium vendors
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3622], Oct. 30, 2000, 114 Stat. 1654, 1654A-502.)

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.
§7384n. Exposure in the performance of duty
(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).
(c) Guidelines
(1) For purposes of the compensation program, the President shall by regulation establish guidelines for
making the determinations required by subsection (b).
(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); 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.

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(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), 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). The actions taken under this paragraph shall be
consistent with the protection of private medical records.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3623], Oct. 30, 2000, 114 Stat. 1654, 1654A-502; Pub. L. 108–
375, div. C, title XXXI, §3168(b), Oct. 28, 2004, 118 Stat. 2190.)

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.

AMENDMENTS
2004—Subsec. (c)(4). Pub. L. 108–375 added par. (4).

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.

§7384o. Advisory Board on Radiation and Worker Health
(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

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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].
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3624], Oct. 30, 2000, 114 Stat. 1654, 1654A-504; Pub. L. 108–
375, div. C, title XXXI, §3166(a), Oct. 28, 2004, 118 Stat. 2188.)

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.
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.

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§7384p. Responsibilities of Secretary of Health and Human Services
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3625], Oct. 30, 2000, 114 Stat. 1654, 1654A-504.)

§7384q. Designation of additional members of special exposure cohort
(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)
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
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3626], Oct. 30, 2000, 114 Stat. 1654, 1654A-504; Pub. L. 107–
107, div. C, title XXXI, §3151(a)(2), Dec. 28, 2001, 115 Stat. 1372; Pub. L. 108–375, div. C, title XXXI,
§3166(b)(1), Oct. 28, 2004, 118 Stat. 2188.)

AMENDMENTS

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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.
1 So in original. A closing parenthesis should probably follow "title".

§7384r. Separate treatment of chronic silicosis
(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).
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3627], Oct. 30, 2000, 114 Stat. 1654, 1654A-505; Pub. L. 107–
107, div. C, title XXXI, §3151(a)(3), Dec. 28, 2001, 115 Stat. 1372.)

AMENDMENTS
2001—Subsec. (e)(2)(A). Pub. L. 107–107 substituted "category 1/0" for "category 1/1".

§7384s. Compensation and benefits to be provided
(a) Compensation provided
(1) Except as provided in paragraph (2), a covered employee, or the survivor of that covered employee if

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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) 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.

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(Pub. L. 106–398, §1 [div. C, title XXXVI, §3628], Oct. 30, 2000, 114 Stat. 1654, 1654A-506; Pub. L. 107–
107, div. C, title XXXI, §3151(a)(4)(A), Dec. 28, 2001, 115 Stat. 1372.)

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.

§7384t. Medical benefits
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3629], Oct. 30, 2000, 114 Stat. 1654, 1654A-507.)

§7384u. Separate treatment of certain uranium employees
(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

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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) 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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3630], Oct. 30, 2000, 114 Stat. 1654, 1654A-507; Pub. L. 107–
107, div. C, title XXXI, §3151(a)(4)(B), Dec. 28, 2001, 115 Stat. 1373; Pub. L. 108–375, div. C, title XXXI,
§3165(a), Oct. 28, 2004, 118 Stat. 2187.)

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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.

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.
§7384v. Assistance for claimants and potential claimants
(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), 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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3631], Oct. 30, 2000, 114 Stat. 1654, 1654A-508.)

DELEGATION OF FUNCTIONS

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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.

§7384w. Subpoenas; oaths; examination of witnesses
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3632], as added Pub. L. 108–375, div. C, title XXXI, §3163(a),
Oct. 28, 2004, 118 Stat. 2186.)

§7384w–1. Completion of site profiles
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3633], as added Pub. L. 108–375, div. C, title XXXI, §3166(c),
Oct. 28, 2004, 118 Stat. 2189.)

Part C—Treatment, Coordination, and Forfeiture of Compensation and Benefits

§7385. Offset for certain payments
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3641], Oct. 30, 2000, 114 Stat. 1654, 1654A-509; Pub. L. 108–
375, div. C, title XXXI, §3162(a), Oct. 28, 2004, 118 Stat. 2186.)

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

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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".

§7385a. Subrogation of the United States
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3642], Oct. 30, 2000, 114 Stat. 1654, 1654A-509; Pub. L. 108–
375, div. C, title XXXI, §3162(b), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Pub. L. 108–375 substituted "this subchapter" for "part B".

§7385b. Payment in full settlement of claims
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3643], Oct. 30, 2000, 114 Stat. 1654, 1654A-509; Pub. L. 108–
375, div. C, title XXXI, §3162(c), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Pub. L. 108–375 substituted "Except as provided in part E, the acceptance" for "The
acceptance".

§7385c. Exclusivity of remedy against the United States and against
contractors and subcontractors
(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,

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3644], Oct. 30, 2000, 114 Stat. 1654, 1654A-509; Pub. L. 108–
375, div. C, title XXXI, §3162(d), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Subsec. (d). Pub. L. 108–375 added subsec. (d).

§7385d. Election of remedy for beryllium employees and atomic weapons
employees
(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) 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) 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) 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

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3645], Oct. 30, 2000, 114 Stat. 1654, 1654A-510; Pub. L. 107–
107, div. C, title XXXI, §3151(a)(5), Dec. 28, 2001, 115 Stat. 1374.)

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).

§7385e. Certification of treatment of payments under other laws
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3646], Oct. 30, 2000, 114 Stat. 1654, 1654A-510; Pub. L. 108–
375, div. C, title XXXI, §3162(e), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Pub. L. 108–375 substituted "this subchapter" for "part B".

§7385f. Claims not assignable or transferable; choice of remedies
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3647], Oct. 30, 2000, 114 Stat. 1654, 1654A-511; Pub. L. 108–
375, div. C, title XXXI, §3162(f), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Subsec. (a). Pub. L. 108–375 substituted "this subchapter" for "part B".

§7385g. Attorney fees
(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 a payment made under part B on such claim.
(b) Applicable percentage limitations
The percentage referred to in subsection (a) 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

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for payment of lump-sum compensation.
(d) Penalty
Any such representative who violates this section shall be fined not more than $5,000.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3648], Oct. 30, 2000, 114 Stat. 1654, 1654A-511; Pub. L. 107–
107, div. C, title XXXI, §3151(a)(6), Dec. 28, 2001, 115 Stat. 1375.)

AMENDMENTS
2001—Subsec. (a). Pub. L. 107–107, §3151(a)(6)(A), inserted "for payment of lump-sum

compensation" after "the claim of an individual".
Subsec. (b)(1). Pub. L. 107–107, §3151(a)(6)(B), inserted "for payment of lump-sum
compensation" after "initial claim".
Subsec. (b)(2). Pub. L. 107–107, §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, §3151(a)(6)(D), (E), added subsec. (c) and redesignated
former subsec. (c) as (d).

§7385h. Certain claims not affected by awards of damages
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3649], Oct. 30, 2000, 114 Stat. 1654, 1654A-511; Pub. L. 108–
375, div. C, title XXXI, §3162(g), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Pub. L. 108–375 substituted "this subchapter" for "part B" in two places.

§7385i. Forfeiture of benefits by convicted felons
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3650], Oct. 30, 2000, 114 Stat. 1654, 1654A-511; Pub. L. 108–
375, div. C, title XXXI, §3162(h), Oct. 28, 2004, 118 Stat. 2186.)

AMENDMENTS
2004—Subsec. (a). Pub. L. 108–375 substituted "this subchapter" for "part B" wherever

appearing.

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§7385j. Coordination with other Federal radiation compensation laws
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3651], Oct. 30, 2000, 114 Stat. 1654, 1654A-512.)

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.

§7385j–1. Social Security earnings information
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3652], as added Pub. L. 108–375, div. C, title XXXI, §3163(b),
Oct. 28, 2004, 118 Stat. 2187.)

§7385j–2. Recovery and waiver of overpayments
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3653], as added Pub. L. 108–375, div. C, title XXXI, §3163(c),
Oct. 28, 2004, 118 Stat. 2187.)

Part D—Assistance in State Workers' Compensation Proceedings

§7385o. Repealed. Pub. L. 108–375, div. C, title XXXI, §3162(i), Oct. 28, 2004, 118 Stat. 2186
Section, Pub. L. 106–398, §1 [div. C, title XXXVI, §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.

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Part E—Contractor Employee Compensation

§7385s. Definitions
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3671], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2178.)

§7385s–1. Compensation to be provided
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).
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3672], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2178.)

§7385s–2. Compensation schedule for contractor employees
(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

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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), a minimum impairment rating shall be determined in accordance with the
American Medical Association's Guides to the Evaluation of Permanent Impairment.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3673], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2179.)

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 (§301 et seq.) of this title. For
complete classification of this Act to the Code, see section 1305 of this title and Tables.

§7385s–3. Compensation schedule for survivors
(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.

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(b) One amount only
The survivor of a covered DOE contractor employee to whom more than one amount under subsection (a)
applies shall receive only the highest such amount.
(c) Determination and allocation of shares
The amount under subsection (a) 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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3674], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2180.)

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 (§301 et seq.) of this title. For
complete classification of this Act to the Code, see section 1305 of this title and Tables.

§7385s–4. Determinations regarding contraction of covered illnesses
(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

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3675], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2181.)

REFERENCES IN TEXT
Section 7385o of this title, referred to in subsec. (b), was repealed by Pub. L. 108–375, div. C,
title XXXI, §3162(i), Oct. 28, 2004, 118 Stat. 2186.

§7385s–5. Applicability to certain uranium employees
(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)).
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3676], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2182.)

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.

§7385s–6. Administrative and judicial review
(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

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3677], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2182.)

§7385s–7. Physicians services
(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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3678], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2182.)

§7385s–8. Medical benefits
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3679], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2183.)

§7385s–9. Attorney fees
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3680], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2183.)

§7385s–10. Administrative matters
(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

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3681], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2183.)

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, §3162(i), Oct. 28, 2004, 118 Stat. 2186.

§7385s–11. Coordination of benefits with respect to State workers
compensation
(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) if the Secretary determines that the
administrative costs and burdens of implementing subsection (a) 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

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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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3682], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2184.)

§7385s–12. Maximum aggregate compensation
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3683], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2184.)

§7385s–13. Funding of administrative costs
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3684], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2184.)

§7385s–14. Payment of compensation and benefits from compensation
fund
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.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3685], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2185.)

§7385s–15. Office of Ombudsman
(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).
(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).
(c) Duties
The duties of the Office shall be as follows:
(1) To provide information on the benefits available under this part and part B and on the requirements
and procedures applicable to the provision of such benefits.
(2) To provide guidance and assistance to claimants.
(3) 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 and part B.
(4) To carry out such other duties with respect to this part and part B as the Secretary shall specify for
purposes of this section.

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(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 and part B.
(e) Annual report
(1) Not later than July 30 each year, the Ombudsman shall submit to Congress a report on activities under
this part and part B.
(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 and part B during the preceding year.
(B) An assessment of the most common difficulties encountered by claimants and potential claimants
under this part and part B during the preceding year.
(3) The first report under paragraph (1) shall be the report submitted in 2006.
(4) Not later than 180 days after the submission to Congress of the annual report under paragraph (1), the
Secretary shall submit to Congress in writing, and post on the public Internet website of the Department of
Labor, a response to the report that—
(A) includes a statement of whether the Secretary agrees or disagrees with the specific issues raised by
the Ombudsman in the report;
(B) if the Secretary agrees with the Ombudsman on those issues, describes the actions to be taken to
correct those issues; and
(C) if the Secretary does not agree with the Ombudsman on those issues, describes the reasons the
Secretary does not agree.
(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) National Institute for Occupational Safety and Health Ombudsman
In carrying out the duties of the Ombudsman under this section, the Ombudsman shall work with the
individual employed by the National Institute for Occupational Safety and Health to serve as an ombudsman
to individuals making claims under part B.
(h) Sunset
Effective October 28, 2020, this section shall have no further force or effect.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3686], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct.
28, 2004, 118 Stat. 2185; amended Pub. L. 110–181, div. C, title XXXI, §3116, Jan. 28, 2008, 122 Stat. 578;
Pub. L. 111–84, div. C, title XXXI, §3142(a), Oct. 28, 2009, 123 Stat. 2715; Pub. L. 113–291, div. C, title
XXXI, §3141(b), Dec. 19, 2014, 128 Stat. 3899; Pub. L. 116–92, div. C, title XXXI, §3134(a), Dec. 20, 2019,
133 Stat. 1958.)

AMENDMENTS
2019—Subsec. (c)(2) to (4). Pub. L. 116–92, §3134(a)(1), added par. (2) and redesignated
former pars. (2) and (3) as (3) and (4), respectively.
Subsec. (h). Pub. L. 116–92, §3134(a)(2), substituted "2020" for "2019".
2014—Subsec. (e)(1). Pub. L. 113–291, §3141(b)(1)(A), substituted "July 30" for "February
15".
Subsec. (e)(4). Pub. L. 113–291, §3141(b)(1)(B), added par. (4).
Subsec. (h). Pub. L. 113–291, §3141(b)(2), substituted "2019" for "2012".
2009—Subsecs. (c) to (e). Pub. L. 111–84, §3142(a)(1)–(3), inserted "and part B" after "this
part" wherever appearing.
Subsecs. (g), (h). Pub. L. 111–84, §3142(a)(4), (5), added subsec. (g) and redesignated
former subsec. (g) as (h).
2008—Subsec. (g). Pub. L. 110–181 substituted "October 28, 2012" for "on the date that is 3
years after October 28, 2004".

CONSTRUCTION
Pub. L. 111–84, div. C, title XXXI, §3142(b), Oct. 28, 2009, 123 Stat. 2716, provided that:

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"Except as specifically provided in subsection (g) of section 3686 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 [42 U.S.C. 7385s–15(g)], as amended
by subsection (a) of this section, nothing in the amendments made by such subsection (a) shall
be construed to alter or affect the duties and functions of the individual employed by the
National Institute for Occupational Safety and Health to serve as an ombudsman to individuals
making claims under subtitle B of the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384l et seq.)."

§7385s–16. Advisory Board on Toxic Substances and Worker Health
(a) Establishment
(1) Not later than 120 days after December 19, 2014, the President shall establish and appoint an
Advisory Board on Toxic Substances 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 proper balance of
perspectives from the scientific, medical, and claimant communities.
(3) The President shall designate a Chair of the Board from among its members.
(b) Duties
The Board shall—
(1) advise the Secretary of Labor with respect to—
(A) the site exposure matrices of the Department of Labor;
(B) medical guidance for claims examiners for claims under this part with respect to the weighing of
the medical evidence of claimants;
(C) evidentiary requirements for claims under part B related to lung disease;
(D) the work of industrial hygienists and staff physicians and consulting physicians of the Department
and reports of such hygienists and physicians to ensure quality, objectivity, and consistency;
(E) the claims adjudication process generally, including review of procedure manual changes prior to
incorporation into the manual and claims for medical benefits; and
(F) such other matters as the Secretary considers appropriate; and
(2) coordinate exchanges of data and findings with the Advisory Board on Radiation and Worker Health
established under section 7384o of this title to the extent necessary.
(c) Staff and powers
(1) The President shall appoint a staff to facilitate the work of the Board. The staff of the Board shall be
headed by a Director, who shall be appointed under subchapter VIII of chapter 33 of title 5.
(2) The President may authorize the detail of employees of Federal agencies to the Board as necessary to
enable the Board to carry out its duties under this section. The detail of such personnel may be on a
nonreimbursable basis.
(3) The Secretary may employ outside contractors and specialists to support the work of the Board.
(d) Conflicts of interest
No member, employee, or contractor of the Board shall have any financial interest, employment, or
contractual relationship (other than a routine consumer transaction) with any person that has provided, or
sought to provide during the two years preceding the appointment or during the service of the member,
employee, or contractor under this section, goods or services related to medical benefits under this
subchapter.
(e) 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, and 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 Federal Government serving
without pay.
(f) 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.

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(2) The Secretary of Energy should, not later than 180 days after receiving a completed application for a
security clearance for an individual under this subsection, make a determination of whether or not the
individual is eligible for the clearance.
(3) For fiscal year 2016 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.
(g) Information
The Secretary of Energy and the Secretary of Labor shall each, 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 section, including information such as Restricted Data (as defined in section
2014(y) of this title) and information covered by section 552a of title 5 (commonly known as the "Privacy
Act"). The Secretary of Labor shall make available to the Board the program's medical director, toxicologist,
industrial hygienist and program's support contractors as requested by the Board.
(h) Response to recommendations
Not later than 60 days after submission to the Secretary of Labor of the Board's recommendations, the
Secretary shall respond to the Board in writing, and post on the public internet website of the Department of
Labor, a response to the recommendations that—
(1) includes a statement of whether the Secretary accepts or rejects the Board's recommendations;
(2) if the Secretary accepts the Board's recommendations, describes the timeline for when those
recommendations will be implemented; and
(3) if the Secretary does not accept the recommendations, describes the reasons the Secretary does
not agree and provides all scientific research to the Board supporting that decision.
(i) Authorization of appropriations
(1) In general
There are authorized to be appropriated such sums as may be necessary to carry out this section.
(2) Treatment as discretionary spending
Amounts appropriated to carry out this section—
(A) shall not be appropriated to the account established under subsection (a) of section 151 of title I
of division B of Appendix D of the Consolidated Appropriations Act, 2001 (Public Law 106–554; 114
Stat. 2763A–251); and
(B) shall not be subject to subsection (b) of that section.
(j) Sunset
The Board shall terminate on the date that is 10 years after December 19, 2014.
(Pub. L. 106–398, §1 [div. C, title XXXVI, §3687], as added Pub. L. 113–291, div. C, title XXXI, §3141(a),
Dec. 19, 2014, 128 Stat. 3897; amended Pub. L. 115–91, div. C, title XXXI, §3120, Dec. 12, 2017, 131 Stat.
1892; Pub. L. 116–92, div. C, title XXXI, §3134(b), Dec. 20, 2019, 133 Stat. 1959.)

REFERENCES IN TEXT
Section 151 of title I of division B of Appendix D of the Consolidated Appropriations Act, 2001,
referred to in subsec. (i)(2)(A), (B), is Pub. L. 106–554, §1(a)(4) [div. B, title I, §151], Dec. 21,
2000, 114 Stat. 2763, 2763A-251, which is not classified to the Code.

AMENDMENTS
2019—Subsec. (b)(1)(E), (F). Pub. L. 116–92, §3134(b)(1), added subpars. (E) and (F).

Subsec. (g). Pub. L. 116–92, §3134(b)(2), substituted "The Secretary of Energy and the
Secretary of Labor shall each" for "The Secretary of Energy shall" and inserted at end "The
Secretary of Labor shall make available to the Board the program's medical director,
toxicologist, industrial hygienist and program's support contractors as requested by the Board."
Subsecs. (h) to (j). Pub. L. 116–92, §3134(b)(3), (4), added subsec. (h) and redesignated
subsecs. (h) and (i) as (i) and (j), respectively.
2017—Subsec. (i). Pub. L. 115–91 substituted "10 years" for "5 years".

EX. ORD. NO. 13699. ESTABLISHING THE ADVISORY BOARD ON TOXIC

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SUBSTANCES AND WORKER HEALTH
Ex. Ord. No. 13699, June 26, 2015, 80 F.R. 37529, provided:
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the Carl Levin and Howard P. "Buck" McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113–291), and to allocate the responsibilities
imposed by that Act, it is hereby ordered as follows:
Section 1. Establishment. There is established within the Department of Labor the Advisory
Board on Toxic Substances and Worker Health (Advisory Board).
Sec. 2. Membership. (a) The Advisory Board shall reflect a proper balance of perspectives from
the scientific, medical, and claimant communities.
(b) The Advisory Board shall consist of no more than 15 members to be appointed by the
Secretary of Labor in consultation with organizations with expertise on worker health issues.
Members shall serve without compensation as Special Government Employees, but shall be
allowed travel and meal expenses, including per diem in lieu of subsistence, to the extent
permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701–
5707).
(c) The Secretary of Labor shall designate a Chair of the Board from among its members.
Sec. 3. Functions. (a) The Advisory Board shall advise the Secretary of Labor with respect to:
(i) the site exposure matrices of the Department of Labor;
(ii) medical guidance for claims examiners for claims under subtitle E of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) with respect to
the weighing of the medical evidence of claimants;
(iii) evidentiary requirements for claims under EEOICPA subtitle B related to lung disease;
and
(iv) the work of industrial hygienists, staff physicians, and consulting physicians of the
Department of Labor and reports of such hygienists and physicians to ensure quality, objectivity,
and consistency.
(b) To the extent necessary, the Advisory Board also shall coordinate exchanges of data and
findings with the Advisory Board on Radiation and Worker Health, which was authorized by
EEOICPA and established by Executive Order 13179 of December 7, 2000.
Sec. 4. Administration. (a) The Secretary of Labor shall provide the Advisory Board with funding
and administrative support, including the appointment of staff and, as the Secretary determines
appropriate, authorization for the detail of Federal employees from within the Department of
Labor and employment of outside contractors and specialists, to the extent permitted by law and
within existing appropriations. The Secretary also shall perform the administrative functions of
the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), with
respect to the Advisory Board.
(b) The Secretary of Labor shall designate a senior officer of the Department of Labor to
serve as the Director of the staff of the Advisory Board.
Sec. 5. Termination. The Advisory Board shall terminate on the date that is 5 years after the
enactment of the National Defense Authorization Act for Fiscal Year 2015.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the
availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA.

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Page 176 of 176

SUBCHAPTER XVII—[Repealed]

CODIFICATION
Pub. L. 108–136, div. C, title XXXI, §3141(m)(1), Nov. 24, 2003, 117 Stat. 1787, struck out
heading for subchapter XVII "Department of Energy National Security Authorizations General
Provisions".

§§7386 to 7386k. Transferred
CODIFICATION
Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§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, §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.

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