
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7133]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
               SUBCHAPTER II--ESTABLISHMENT OF DEPARTMENT
 
Sec. 7133. Assistant Secretaries; appointment and confirmation; 
        identification of responsibilities
        
    (a) There shall be in the Department six Assistant Secretaries, each 
of whom shall be appointed by the President, by and with the advice and 
consent of the Senate; who shall be compensated at the rate provided for 
at level IV of the Executive Schedule under section 5315 of title 5; and 
who shall perform, in accordance with applicable law, such of the 
functions transferred or delegated to, or vested in, the Secretary as he 
shall prescribe in accordance with the provisions of this chapter. The 
functions which the Secretary shall assign to the Assistant Secretaries 
include, but are not limited to, the following:
        (1) Energy resource applications, including functions dealing 
    with management of all forms of energy production and utilization, 
    including fuel supply, electric power supply, enriched uranium 
    production, energy technology programs, and the management of energy 
    resource leasing procedures on Federal lands.
        (2) Energy research and development functions, including the 
    responsibility for policy and management of research and development 
    for all aspects of--
            (A) solar energy resources;
            (B) geothermal energy resources;
            (C) recycling energy resources;
            (D) the fuel cycle for fossil energy resources; and
            (E) the fuel cycle for nuclear energy resources.

        (3) Environmental responsibilities and functions, including 
    advising the Secretary with respect to the conformance of the 
    Department's activities to environmental protection laws and 
    principles, and conducting a comprehensive program of research and 
    development on the environmental effects of energy technologies and 
    programs.
        (4) International programs and international policy functions, 
    including those functions which assist in carrying out the 
    international energy purposes described in section 7112 of this 
    title.
        (5) Repealed. Pub. L. 106-65, div. C, title XXXII, Sec. 3294(b), 
    Oct. 5, 1999, 113 Stat. 970.
        (6) Intergovernmental policies and relations, including 
    responsibilities for assuring that national energy policies are 
    reflective of and responsible to the needs of State and local 
    governments, and for assuring that other components of the 
    Department coordinate their activities with State and local 
    governments, where appropriate, and develop intergovernmental 
    communications with State and local governments.
        (7) Competition and consumer affairs, including responsibilities 
    for the promotion of competition in the energy industry and for the 
    protection of the consuming public in the energy policymaking 
    processes, and assisting the Secretary in the formulation and 
    analysis of policies, rules, and regulations relating to competition 
    and consumer affairs.
        (8) Nuclear waste management responsibilities, including--
            (A) the establishment of control over existing Government 
        facilities for the treatment and storage of nuclear wastes, 
        including all containers, casks, buildings, vehicles, equipment, 
        and all other materials associated with such facilities;
            (B) the establishment of control over all existing nuclear 
        waste in the possession or control of the Government and all 
        commercial nuclear waste presently stored on other than the site 
        of a licensed nuclear power electric generating facility, except 
        that nothing in this paragraph shall alter or effect title to 
        such waste;
            (C) the establishment of temporary and permanent facilities 
        for storage, management, and ultimate disposal of nuclear 
        wastes;
            (D) the establishment of facilities for the treatment of 
        nuclear wastes;
            (E) the establishment of programs for the treatment, 
        management, storage, and disposal of nuclear wastes;
            (F) the establishment of fees or user charges for nuclear 
        waste treatment or storage facilities, including fees to be 
        charged Government agencies; and
            (G) the promulgation of such rules and regulations to 
        implement the authority described in this paragraph,

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

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

(Pub. L. 95-91, title II, Sec. 203, Aug. 4, 1977, 91 Stat. 570; Pub. L. 
106-65, div. C, title XXXII, Sec. 3294(a)(2), (b), Oct. 5, 1999, 113 
Stat. 970.)


                               Amendments

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


                    Effective Date of 1999 Amendment

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


        Federal Power Marketing Administration Employment Levels

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


  Marketing and Exchange of Surplus Electricity From Navajo Generating 
                                 Station

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

                  Section Referred to in Other Sections

    This section is referred to in section 7139 of this title.
