USC Subchapter II

USC Subchapter II
in effect

42 U.S.C. § 7131 Establishment

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.

42 U.S.C. § 7132 Principal officers

(a) Deputy SecretaryThere shall be in the Department a Deputy Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5. The Deputy Secretary shall act for and exercise the functions of the Secretary during the absence or disability of the Secretary or in the event the office of Secretary becomes vacant. The Secretary shall designate the order in which the Under Secretary and other officials shall act for and perform the functions of the Secretary during the absence or disability of both the Secretary and Deputy Secretary or in the event of vacancies in both of those offices. (b) Under Secretary for Science(1) There shall be in the Department an Under Secretary for Science, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. (3) The Under Secretary for Science shall be appointed from among persons who—(A) have extensive background in scientific or engineering fields; and (B) are well qualified to manage the civilian research and development programs of the Department. (4) The Under Secretary for Science shall—(A) serve as the Science and Technology Advisor to the Secretary; (B) monitor the research and development programs of the Department in order to advise the Secretary with respect to any undesirable duplication or gaps in the programs; (C) advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department; (D) advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; (E) advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; (F) advise the Secretary with respect to long-term planning, coordination, and development of a strategic framework for Department research and development activities; and (G) carry out such additional duties assigned to the Under Secretary by the Secretary relating to basic and applied research, including supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 7133 of this title, as the Secretary considers advantageous. (c) Under Secretary for Nuclear Security(1) There shall be in the Department an Under Secretary for Nuclear Security, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall be compensated at the rate provided for at level III of the Executive Schedule under section 5314 of title 5. (2) The Under Secretary for Nuclear Security shall be appointed from among persons who—(A) have extensive background in national security, organizational management, and appropriate technical fields; and (B) are well qualified to manage the nuclear weapons, nonproliferation, and materials disposition programs of the National Nuclear Security Administration in a manner that advances and protects the national security of the United States. (3) The Under Secretary for Nuclear Security shall serve as the Administrator for Nuclear Security under section 2402 of title 50. In carrying out the functions of the Administrator, the Under Secretary shall be subject to the authority, direction, and control of the Secretary. Such authority, direction, and control may be delegated only to the Deputy Secretary of Energy, without redelegation. (d) Under Secretary(1) There shall be in the Department an Under Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe, consistent with this section. (2) The Under Secretary shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5. (e) General Counsel(1) There shall be in the Department a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions and duties as the Secretary shall prescribe. (2) The General Counsel shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.

42 U.S.C. § 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. (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.

42 U.S.C. § 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.

42 U.S.C. § 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 functionsThe 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 AnalysisIn 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 approvalThe Administrator shall not be required to obtain the approval of any other officer or employee of the Department in connection with the collection or analysis of any information; nor shall the Administrator be required, prior to publication, to obtain the approval of any other officer or employee of the United States with respect to the substance of any statistical or forecasting technical reports which he has prepared in accordance with law. (e) Annual auditThe Energy Information Administration shall be subject to an annual professional audit review of performance as described in section 55 11 See References in Text note below. of part B of the Federal Energy Administration Act of 1974. (f) Furnishing information or analysis to any other administration, commission, or office within DepartmentThe 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 publicInformation collected by the Energy Information Administration shall be cataloged and, upon request, any such information shall be promptly made available to the public in a form and manner easily adaptable for public use, except that this subsection shall not require disclosure of matters exempted from mandatory disclosure by section 552(b) of title 5. The provisions of section 796(d) of title 15, and section 5916 of this title, shall continue to apply to any information obtained by the Administrator under such provisions. (h) Identification and designation of “major energy producing companies”; format for financial report; accounting practices; filing of financial report; annual report of Department; definitions; confidentiality(1)(A) In addition to the acquisition, collection, analysis, and dissemination of energy information pursuant to this section, the Administrator shall identify and designate “major energy-producing companies” which alone or with their affiliates are involved in one or more lines of commerce in the energy industry so that the energy information collected from such major energy-producing companies shall provide a statistically accurate profile of each line of commerce in the energy industry in the United States. (B) In fulfilling the requirements of this subsection the Administrator shall—(i) utilize, to the maximum extent practicable, consistent with the faithful execution of his responsibilities under this chapter, reliable statistical sampling techniques; and (ii) otherwise give priority to the minimization of the reporting of energy information by small business. (2) The Administrator shall develop and make effective for use during the second full calendar year following August 4, 1977, the format for an energy-producing company financial report. Such report shall be designed to allow comparison on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of such companies—(A) an evaluation of company revenues, profits, cash flow, and investments in total, for the energy-related lines of commerce in which such company is engaged and for all significant energy-related functions within such company; (B) an analysis of the competitive structure of sectors and functional groupings within the energy industry; (C) the segregation of energy information, including financial information, describing company operations by energy source and geographic area; (D) the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within such company; and (E) such other analyses or evaluations as the Administrator finds is necessary to achieve the purposes of this chapter. (3) The Administrator shall consult with the Chairman of the Securities and Exchange Commission with respect to the development of accounting practices required by the Energy Policy and Conservation Act [42 U.S.C. 6201 et seq.] to be followed by persons engaged in whole or in part in the production of crude oil and natural gas and shall endeavor to assure that the energy-producing company financial report described in paragraph (2) of this subsection, to the extent practicable and consistent with the purposes and provisions of this chapter, is consistent with such accounting practices where applicable. (4) The Administrator shall require each major energy-producing company to file with the Administrator an energy-producing company financial report on at least an annual basis and may request energy information described in such report on a quarterly basis if he determines that such quarterly report of information will substantially assist in achieving the purposes of this chapter. (5) A summary of information gathered pursuant to this section, accompanied by such analysis as the Administrator deems appropriate, shall be included in the annual report of the Department required by subsection (a) 22 So in original. Section 7267 of this title was enacted without a subsec. (a). 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 by-products, and cogeneration. (2) This subsection does not affect the authority of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a). (j) Collection and publication of survey results(1) The Administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy resources, including production in kilowatt hours, total installed capacity, capacity factor, and any other measure of production efficiency. Such results shall distinguish between various renewable energy resources. (2) In carrying out this subsection, the Administrator shall—(A) utilize, to the maximum extent practicable and consistent with the faithful execution of his responsibilities under this chapter, reliable statistical sampling techniques; and (B) otherwise take into account the reporting burdens of energy information by small businesses. (3) As used in this subsection, the term “renewable energy resources” includes energy derived from solar thermal, geothermal, biomass, wind, and photovoltaic resources. (k) Survey procedurePursuant 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 collectionIn 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), 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).

42 U.S.C. § 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,11 See References in Text note below. 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,1 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.

42 U.S.C. § 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.

42 U.S.C. § 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.

42 U.S.C. § 7139 Office of Science; establishment; appointment of Director; compensation; duties

(a) EstablishmentThere 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 DirectorIt shall be the duty and responsibility of the Director—(1) to advise the Secretary with respect to the physical research program transferred to the Department from the Energy Research and Development Administration; (2) to monitor the Department’s energy research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs; (3) to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex; (4) to advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department; (5) to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and (6) to carry out such additional duties assigned to the Office by the Secretary. (c) MissionThe 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. (d) User facilitiesThe Director shall carry out the construction, operation, and maintenance of user facilities to support the mission described in subsection (c). As practicable, these facilities shall serve the needs of the Department, industry, the academic community, and other relevant entities for the purposes of advancing the missions of the Department, improving the competitiveness of the United States, protecting public health and safety, and addressing other national priorities including emergencies. (e) Coordination(1) In generalThe Secretary—(A) shall ensure the coordination of the Office of Science with the other activities of the Department, including the transfer of knowledge, capabilities, and relevant technologies from basic research programs of the Department to applied research and development programs of the Department for the purpose of enabling development of mission-relevant technologies; (B) shall support joint activities among the programs of the Department; (C) shall coordinate with other relevant Federal agencies operating under existing authorizations relating to subjects relating to the mission described in subsection (c) in supporting advancements in related research areas as appropriate; and (D) may form partnerships to enhance the utilization of and ensure access to user facilities by other Federal agencies. (2) Office of ScienceThe Director—(A) shall ensure the coordination of programs and activities carried out by the Office of Science; and (B) shall direct all programs which have not recently completed a future planning roadmap consistent with the funding of such programs authorized under the Research and Development, Competition, and Innovation Act to complete such a roadmap.

42 U.S.C. § 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.

42 U.S.C. § 7141 Office of Minority Economic Impact

(a) Establishment; appointment of Director; compensationThere 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 programsThe 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 minoritiesThe 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 11 So in original. Probably should be “determine”. 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 DepartmentThe Director may provide the management any 22 So in original. Probably should be “and”. technical assistance he considers appropriate to minority educational institutions and minority business enterprises to enable these enterprises and institutions to participate in the research, development, demonstration, and contract activities of the Department. In carrying out his functions under this section, the Director may enter into contracts, in accordance with section 7256 of this title and other applicable provisions of law, with any person, including minority educational institutions, minority business enterprises, and organizations the primary purpose of which is to assist the development of minority communities. The management and technical assistance may include—(1) a national information clearinghouse which will develop and disseminate information on the aspects of energy programs to minority business enterprises, minority educational institutions and other appropriate minority organizations; (2) market research, planning economic and business analysis, and feasibility studies to identify and define economic opportunities for minorities in energy research, production, conservation, and development; (3) technical assistance programs to encourage, promote, and assist minority business enterprises in establishing and expanding energy-related business opportunities which are located in minority communities and that can provide jobs to workers in such communities; and (4) programs to assist minority business enterprises in the commercial application of energy-related technologies. (e) Loans to minority business enterprises; restriction on use of funds; interest; deposits into Treasury(1) The Secretary, acting through the Office, may provide financial assistance in the form of loans to any minority business enterprise under such rules as he shall prescribe to assist such enterprises in participating fully in research, development, demonstration, and contract activities of the Department to the extent he considers appropriate. He shall limit the use of financial assistance to providing funds necessary for such enterprises to bid for and obtain contracts or other agreements, and shall limit the amount of the financial assistance to any recipient to not more than 75 percent of such costs. (2) The Secretary shall determine the rate of interest on loans under this section in consultation with the Secretary of the Treasury. (3) The Secretary shall deposit into the Treasury as miscellaneous receipts amounts received in connection with the repayment and satisfaction of such loans. (f) DefinitionsAs 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 appropriationsThere 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).

42 U.S.C. § 7142 National Atomic Museum and National Atomic Testing Museum

(a) Recognition and statusThe museum operated by the Department of Energy and currently located at Building 20358 on Wyoming Avenue South near the corner of M street within the confines of the Kirtland Air Force Base (East), Albuquerque, New Mexico—(1) is recognized as the official atomic museum of the United States; (2) shall be known as the “National Atomic Museum”; and (3) shall have the sole right throughout the United States and its possessions to have and use the name “National Atomic Museum”. (b) Volunteers(1) In operating the National Atomic Museum, the Secretary of Energy may—(A) recruit, train, and accept the services of individuals without compensation as volunteers for, or in aid of, interpretive functions or other services or activities of and related to the museum; and (B) provide to volunteers incidental expenses, such as nominal awards, uniforms, and transportation. (2) Except as provided in paragraphs (3) and (4), a volunteer who is not otherwise employed by the Federal Government is not subject to laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits, because of service as a volunteer under this subsection. (3) For purposes of chapter 171 of title 28 (relating to tort claims), a volunteer under this subsection is considered a Federal employee. (4) For the purposes of subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries), a volunteer under this subsection is considered an employee of the United States. (c) Authority(1) In operating the National Atomic Museum, the Secretary of Energy may—(A) accept and use donations of money or gifts pursuant to section 7262 11 See References in Text note below. 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 MuseumThe 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”.

42 U.S.C. § 7142a Designation of American Museum of Science and Energy

(a) In generalThe 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) ReferencesAny 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 generalThe name “American Museum of Science and Energy” is declared the property of the United States. (2) UseThe 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 rightsThis subsection shall not be construed to conflict or interfere with established or vested rights.

42 U.S.C. § 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.

42 U.S.C. § 7142c Museum volunteers

(a) Authority to use volunteersThe 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 generalExcept as provided in paragraph (2), service by a volunteer under subsection (a) shall not be considered Federal employment. (2) Exceptions(A) Federal Tort Claims ActFor 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 injuriesFor 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) CompensationA 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.

42 U.S.C. § 7142d Definitions

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

42 U.S.C. § 7144 Establishment of policy for National Nuclear Security Administration

(a) Responsibility for establishing policyThe Secretary shall be responsible for establishing policy for the National Nuclear Security Administration. (b) Review of programs and activitiesThe 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) StaffThe Secretary shall have adequate staff to support the Secretary in carrying out the Secretary’s responsibilities under this section.

42 U.S.C. § 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.

42 U.S.C. § 7144b Office of Intelligence and Counterintelligence

(a) DefinitionsIn this section, the terms “intelligence community” and “National Intelligence Program” have the meanings given such terms in section 3003 of title 50. (b) In generalThere 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. (3) The Director shall develop and implement—(A) a plan and cost assessment for delineated and standardized counterintelligence training for all personnel who interact with classified and sensitive military technology and dual-use commercial technology in the Department; and (B) a delineated and standardized training plan to train officers in the Office of Intelligence and Counterintelligence who have counterintelligence responsibilities on counterintelligence skills and practices.

42 U.S.C. § 7144d Office of Arctic Energy

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

42 U.S.C. § 7144e Office of Indian Energy Policy and Programs

(a) EstablishmentThere 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 DirectorThe 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.