
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(2)[313]]
[Document affected by Public Law 106-398 Section 1[3151]]
[CITE: 42USC7132]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
               SUBCHAPTER II--ESTABLISHMENT OF DEPARTMENT
 
Sec. 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 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; General Counsel

    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.

(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.

(Pub. L. 95-91, title II, Sec. 202, Aug. 4, 1977, 91 Stat. 569; Pub. L. 
106-65, div. C, title XXXII, Sec. 3202, Oct. 5, 1999, 113 Stat. 954.)


                               Amendments

    1999--Subsec. (c). Pub. L. 106-65 added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in title 50 sections 2402, 2403.
