US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC7151]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                 SUBCHAPTER III--TRANSFERS OF FUNCTIONS
 
Sec. 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 of this chapter, 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, Sec. 301, Aug. 4, 1977, 91 Stat. 577.)

                       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 
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. 435]; 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) Executive Order No. 11652, as amended [formerly set out as a 
note under 50 U.S.C. 435], 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).
    (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) Executive Order No. 11905, as amended, [formerly set out as a 
note under 50 U.S.C. 401], 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 50 App. U.S.C. 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 App. U.S.C. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7159, 7174 of this title; 
title 15 section 3418; title 16 section 824a-4.