Title 42, The Public Health and WelfareRelease 119-110

§5812 Officers of Administration

Title 42 › CHAPTER 73 — DEVELOPMENT OF ENERGY SOURCES › SUBCHAPTER I — ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION › § 5812

Last updated Sep 22, 2026|Official source

Summary

The agency must be led by an Administrator of Energy Research and Development. The President appoints the Administrator and the Deputy Administrator, and the Senate must confirm both. The Administrator must be a civilian and cannot be appointed within two years after leaving active duty as a commissioned officer of a regular component of the Armed Forces. Both leaders must have the right background and experience to run energy research programs. There must be six Assistant Administrators, each in charge of one area (fossil energy; nuclear energy; environment and safety; conservation; solar, geothermal, and advanced energy systems; and national security). The President appoints them and the Senate confirms them. The Administrator names a General Counsel and up to eight other officers (those eight are career positions and follow section 2201(d)). A Director of Military Application, an active commissioned officer in general or flag rank, is appointed and removed by the Administrator and has the same duties, qualifications, and pay as under the Atomic Energy Act of 1954. Officers do the tasks the Administrator assigns. The Administrator must pick one officer to handle international cooperation in energy and related environmental research. If the Administrator is absent or the job is vacant, the Deputy acts in charge; if the Deputy is unavailable, an Assistant Administrator, the General Counsel, or another official named in the Administrator’s order will act.

Full Legal Text

Title 42, §5812

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Administrator; appointment
There shall be at the head of the Administration an Administrator of Energy Research and Development (hereinafter in this chapter referred to as the “Administrator”), who shall be appointed from civilian life by the President by and with the advice and consent of the Senate. A person may not be appointed as Administrator within two years after release from active duty as a commissioned officer of a regular component of an Armed Force. The Administration shall be administered under the supervision and direction of the Administrator, who shall be responsible for the efficient and coordinated management of the Administration.
(b)Deputy Administrator (c) Qualifications of Administrator and Deputy Administrator (d) Assistant Administrators; number; appointment; qualifications
There shall be in the Administration a Deputy Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(e)General Counsel
There shall be in the Administration a General Counsel who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator.
(f)Additional officers
There shall be in the Administration not more than eight additional officers appointed by the Administrator. The positions of such officers shall be considered career positions and be subject to section 2201(d) of this title.
(g)Director of Military Application; functions; qualifications; compensation
The Division of Military Application transferred to and established in the Administration by section 5814(d) of this title shall be under the direction of a Director of Military Application, who shall be appointed by the Administrator and who shall serve at the pleasure of and be removable by the Administrator and shall be an active commissioned officer of the Armed Forces serving in general or flag officer rank or grade. The functions, qualifications, and compensation of the Director of Military Application shall be the same as those provided under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], for the Assistant General Manager for Military Application.
(h)Allocation of functions; responsibility for international cooperation
Officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. The Administrator shall delegate to one such officer the special responsibility for international cooperation in all energy and related environmental research and development.
(i)Order of succession
The Deputy Administrator (or in the absence or disability of the Deputy Administrator, or in the event of a vacancy in the office of the Deputy Administrator, an Assistant Administrator, the General Counsel or such other official, determined according to such order as the Administrator shall prescribe) shall act for and perform the functions of the Administrator during any absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5801 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by section 7151(a) and 7293 of this title. Division of Military Application transferred to Department of Energy by former section 7158(b) of this title with that organizational unit to be deemed an organizational unit established by chapter 84 (§ 7101 et seq.) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5812

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110