42 U.S.C. § 7112

Congressional declaration of purpose

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The Congress therefore declares that the establishment of a Department of Energy is in the public interest and will promote the general welfare by assuring coordinated and effective administration of Federal energy policy and programs. It is the purpose of this chapter:(1) To establish a Department of Energy in the executive branch.(2) To achieve, through the Department, effective management of energy functions of the Federal Government, including consultation with the heads of other Federal departments and agencies in order to encourage them to establish and observe policies consistent with a coordinated energy policy, and to promote maximum possible energy conservation measures in connection with the activities within their respective jurisdictions.(3) To provide for a mechanism through which a coordinated national energy policy can be formulated and implemented to deal with the short-, mid- and long-term energy problems of the Nation; and to develop plans and programs for dealing with domestic energy production and import shortages.(4) To create and implement a comprehensive energy conservation strategy that will receive the highest priority in the national energy program.(5) To carry out the planning, coordination, support, and management of a balanced and comprehensive energy research and development program, including—(A) assessing the requirements for energy research and development;(B) developing priorities necessary to meet those requirements;(C) undertaking programs for the optimal development of the various forms of energy production and conservation; and(D) disseminating information resulting from such programs, including disseminating information on the commercial feasibility and use of energy from fossil, nuclear, solar, geothermal, and other energy technologies.(6) To place major emphasis on the development and commercial use of solar, geothermal, recycling and other technologies utilizing renewable energy resources.(7) To continue and improve the effectiveness and objectivity of a central energy data collection and analysis program within the Department.(8) To facilitate establishment of an effective strategy for distributing and allocating fuels in periods of short supply and to provide for the administration of a national energy supply reserve.(9) To promote the interests of consumers through the provision of an adequate and reliable supply of energy at the lowest reasonable cost.(10) To establish and implement through the Department, in coordination with the Secretaries of State, Treasury, and Defense, policies regarding international energy issues that have a direct impact on research, development, utilization, supply, and conservation of energy in the United States and to undertake activities involving the integration of domestic and foreign policy relating to energy, including provision of independent technical advice to the President on international negotiations involving energy resources, energy technologies, or nuclear weapons issues, except that the Secretary of State shall continue to exercise primary authority for the conduct of foreign policy relating to energy and nuclear nonproliferation, pursuant to policy guidelines established by the President.(11) To provide for the cooperation of Federal, State, and local governments in the development and implementation of national energy policies and programs.(12) To foster and assure competition among parties engaged in the supply of energy and fuels.(13) To assure incorporation of national environmental protection goals in the formulation and implementation of energy programs, and to advance the goals of restoring, protecting, and enhancing environmental quality, and assuring public health and safety.(14) To assure, to the maximum extent practicable, that the productive capacity of private enterprise shall be utilized in the development and achievement of the policies and purposes of this chapter.(15) To provide for, encourage, and assist public participation in the development and enforcement of national energy programs.(16) To create an awareness of, and responsibility for, the fuel and energy needs of rural and urban residents as such needs pertain to home heating and cooling, transportation, agricultural production, electrical generation, conservation, and research and development.(17) To foster insofar as possible the continued good health of the Nation’s small business firms, public utility districts, municipal utilities, and private cooperatives involved in energy production, transportation, research, development, demonstration, marketing, and merchandising.(18) To provide for the administration of the functions of the Energy Research and Development Administration related to nuclear weapons and national security which are transferred to the Department by this chapter.(19) To ensure that the Department can continue current support of mathematics, science, and engineering education programs by using the personnel, facilities, equipment, and resources of its laboratories and by working with State and local education agencies, institutions of higher education, and business and industry. The Department’s involvement in mathematics, science, and engineering education should be consistent with its main mission and should be coordinated with all Federal efforts in mathematics, science, and engineering education, especially with the Department of Education and the National Science Foundation (which have the primary Federal responsibility for mathematics, science, and engineering education).(Pub. L. 95–91, title I, § 102, Aug. 4, 1977, 91 Stat. 567; Pub. L. 101–510, div. C, title XXXI, § 3163, Nov. 5, 1990, 104 Stat. 1841.)Editorial NotesReferences in Text

This chapter, referred to in introductory provisions and pars. (14) and (18), was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, 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.

Amendments

1990—Pub. L. 101–510 substituted “chapter:” for “chapter—” in introductory provisions, capitalized the first letter of the first word in each of pars. (1) to (18), substituted a period for last semicolon in each of pars. (1) to (17), struck out “and” at end of par. (17), and added par. (19).

Notes of Decisions
Cited in 21 cases, 1978–2018 · leading case: Beyond Nuclear, Et Al., Plaintiffs, v. U.S. Dep't of Energy, Et Al., Defendants, 233 F. Supp. 3d 40 (D.D.C. 2017).
Beyond Nuclear, Et Al., Plaintiffs, v. U.S. Dep't of Energy, Et Al., Defendants, 233 F. Supp. 3d 40 (D.D.C. 2017). · cites it 2× “, and Department of Energy Organization Act, 42 U.S.C. § 7112 (Count IV) 3 ; and that this failure also violated the Administrative Procedure Act (Count V).”
Nuclear Transp. & Storage, Inc. v. United States, 890 F.2d 1348 (6th Cir. 1989). “The statement of purpose prefacing the Department of Energy Organization Act, 42 U.S.C. § 7112 (14), that one of the goals of the United States is to assure, to the maximum extent practicable, that private enterprise shall be utilized in the atomic energy field is a general…”
Fort Pierce Utils. Auth. v. Dep't of Energy, 503 F. Supp. 1014 (D.D.C. 1980). · cites it 3× “42 U.S.C. § 7112 (15) [emphasis added]. OHA is also charged with endeavoring “to insure that all interests are represented” in the enforcement proceedings, not merely the interests of those for whom a cause of action under section 210 would be unavailable.”
South Carolina v. United States, 221 F. Supp. 3d 684 (D.S.C. 2016). “See 42 U.S.C.A. § 7112 . Defendant Dr. Ernest Moniz, as the United States Secretary of Energy, is responsible for monitoring and assuring proper management of the DOE.”
Shell Oil Co. v. Dep't of Energy, 477 F. Supp. 413 (D. Del. 1979). · cites it 2× “42 U.S.C. § 7112 (7), (12). In order to assist the Secretary in carrying out these functions the Act establishes the EIA.”
Oahu Gas Serv., Inc. v. Pac. Resources, Inc., 460 F. Supp. 1359 (D. Haw. 1978). “See 42 U.S.C. § 7112 (12). The legislative history of the DOEOA may be found in H.”
Pub. Serv. Comm'n of the State of New York v. Fed. Energy Regulatory Comm'n, Pennzoil Producing Co., Intervenor, 589 F.2d 542 (D.C. Cir. 1978). “§ 6213 (1976) (Energy Policy and Conservation Act provision controlling anticompetitive joint offshore leasing); 42 U.S.C.A. § 7112 (12) (West 1977) (Department of Energy should “foster and ensure competition among parties engaged in the supply of energy and fuels”); 42 U.”
Osborn v. Pennsylvania-Delaware Serv. Station Dealers Ass'n, 499 F. Supp. 553 (D. Del. 1980). “42 U.S.C. § 7112 (2) and (3); 15 U.S.C. § 753 (a) and (b)(2)(C).”
Juliana v. United States, 339 F. Supp. 3d 1062 (D. Or. 2018). “§ 1344 ; *1095 42 U.S.C. §§ 7112 ; 6291-6296; 7401-7431; 13 49 U.”
Getty Oil Co. v. Dep't of Energy, 569 F. Supp. 1204 (D. Del. 1983). “Section 102 of the DOE Act, 42 U.S.C. § 7112 , states that one of the Act’s purposes is “to promote the interests of consumers through the provision of an adequate and reliable supply of energy at the lowest reasonable cost.”
Abraham v. Hodges, 255 F. Supp. 2d 539 (D.S.C. 2002). “See 42 U.S.C. §§ 7112 , 7132, 7133(a)(8), 7274m, 7274n, 7274p; Plaintiffs’ Memorandum in Support of Temporary Restraining Order, Preliminary Injunction, and Summary Judgment, Ex.”
Ad Hoc Comm. for Integrity in the Dep't of Energy v. Hodel, 594 F. Supp. 569 (D.D.C. 1984). “Plaintiffs alleged that the RIF which was scheduled to occur on September 14, 1984 would violate two provisions of the Department of Energy Organization Act, 42 U.S.C. §§ 7112 , 7133(a)(7). According to plaintiffs, these sections of the Act mandate certain programs of consumer…”
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