§ 7133. Assistant Secretaries; appointment and confirmation; identification of responsibilities

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(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(5)Repealed.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.

(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.)

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