42 U.S.C. § 5817: Powers of Administrator

Summary

The Administrator can fund and run energy research and related projects. He or she can make contracts, agreements, or loans with public or private groups and join cooperative research. The Administrator can pay for work in lump sums, in installments, in advance, or by reimbursement and can adjust for overpayments or underpayments. Nuclear work must follow the Atomic Energy Act of 1954 and other rules that apply to nuclear activities. Non-nuclear duties must follow this chapter or the authorities that applied before this law, including chapter 4 of the Atomic Energy Act of 1954. The Administrator can buy, lease, build, fix, run, and keep up property and facilities inside or outside Washington, D.C., except public buildings as defined in chapter 33 of title 40 and leased space covered by Reorganization Plan Numbered 18 of 1950. Property may be used for labs, test sites, housing for employees and dependents, and special-purpose sites. Title to acquired property belongs to the United States. For people at remote posts, the Administrator can provide medical care, food, messing, recreation and training equipment, housing, emergency reimbursements, and transport for school-age dependents. Charges must reflect reasonable value. Payments received go to the Treasury and may be used to pay costs or credited to proper funds. The Administrator may also acquire copyrights, patents, licenses, and releases useful to the work. Gifts and bequests may be accepted and used; money from gifts goes to the Treasury and, for tax purposes, counts as a gift to the United States.

Title 42, §5817

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(a)Research and development

The Administrator is authorized to exercise his powers in such manner as to insure the continued conduct of research and development and related activities in areas or fields deemed by the Administrator to be pertinent to the acquisition of an expanded fund of scientific, technical, and practical knowledge in energy matters. To this end, the Administrator is authorized to make arrangements (including contracts, agreements, and loans) for the conduct of research and development activities with private or public institutions or persons, including participation in joint or cooperative projects of a research, developmental, or experimental nature; to make payments (in lump sum or installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments); and generally to take such steps as he may deem necessary or appropriate to perform functions now or hereafter vested in him. Such functions of the Administrator under this chapter as are applicable to the nuclear activities transferred pursuant to this subchapter shall be subject to the provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], and to other authority applicable to such nuclear activities. The nonnuclear responsibilities and functions of the Administrator referred to in section 5813 and 5814 of this title shall be carried out pursuant to the provisions of this chapter, applicable authority existing immediately before the effective date of this chapter, or in accordance with the provisions of chapter 4 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2051–2053).

(b)Facilities and real property

Except for public buildings as defined in chapter 33 of title 40, and with respect to leased space subject to the provisions of Reorganization Plan Numbered 18 of 1950, the Administrator is authorized to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain facilities and real property as the Administrator deems to be necessary in and outside of the District of Columbia. Such authority shall apply only to facilities required for the maintenance and operation of laboratories, research and testing sites and facilities, quarters, and related accommodations for employees and dependents of employees of the Administration, and such other special-purpose real property as the Administrator deems to be necessary in and outside the District of Columbia. Title to any property or interest therein, real, personal, or mixed, acquired pursuant to this section, shall be in the United States.

(c)Services for employees at remote locations

(1)The Administrator is authorized to provide, construct, or maintain, as necessary and when not otherwise available, the following for employees and their dependents stationed at remote locations:

(A)Emergency medical services and supplies.

(B)Food and other subsistence supplies.

(C)Messing facilities.

(D)Audiovisual equipment, accessories, and supplies for recreation and training.

(E)Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons.

(F)Living and working quarters and facilities.

(G)Transportation for school-age dependents of employees to the nearest appropriate educational facilities.

(2)The furnishing of medical treatment under subparagraph (A) of paragraph (1) and the furnishing of services and supplies under paragraphs (B) and (C) of paragraph (1) shall be at prices reflecting reasonable value as determined by the Administrator.

(3)Proceeds from reimbursements under this section shall be deposited in the Treasury and may be withdrawn by the Administrator to pay directly the cost of such work or services, to repay or make advances to appropriations or funds which do or will bear all or a part of such cost, or to refund excess sums when necessary; except that such payments may be credited to a service or working capital fund otherwise established by law, and used under the law governing such funds, if the fund is available for use by the Administrator for performing the work or services for which payment is received.

(d)Acquisition of copyrights and patents

The Administrator is authorized to acquire any of the following described rights if the property acquired thereby is for use in, or is useful to, the performance of functions vested in him:

(1)Copyrights, patents, and applications for patents, designs, processes, specifications, and data.

(2)Licenses under copyrights, patents, and applications for patents.

(3)Releases, before suit is brought, for past infringement of patents or copyrights.

(e)Dissemination of information

Subject to the provisions of chapter 12 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2161–2166), and other applicable law, the Administrator shall disseminate scientific, technical, and practical information acquired pursuant to this subchapter through information programs and other appropriate means, and shall encourage the dissemination of scientific, technical, and practical information relating to energy so as to enlarge the fund of such information and to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding.

(f)Gifts and bequests

The Administrator is authorized to accept, hold, administer, and utilize gifts, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Administration. Gifts and bequests of money and proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Administrator. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift or bequest to the United States.

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 subsecs. (a) and (e), 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. Chapters 4 and 12 of the Atomic Energy Act of 1954, are classified generally to subchapters III (§ 2051 et seq.) and XI (§ 2161 et seq.), respectively, of division A of chapter 23 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. The

Effective Date

of this chapter, referred to in subsec. (a), refers to the

Effective Date

of Pub. L. 93–438. See section 312 of Pub. L. 93–438, set out as an

Effective Date

Interim Appointments note under section 5801 of this title. Reorganization Plan Numbered 18 of 1950, referred to in subsec. (b), is Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, which is set out in the Appendix to Title 5, Government Organization and Employees. Codification In subsec. (b), “chapter 33 of title 40” substituted for “the Public Buildings Act of 1959, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

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. Air Transportation of Plutonium; Exempt Shipment of Plutonium Pub. L. 94–187, title V, Dec. 31, 1975, 89 Stat. 1077, provided that: “Sec. 501. The Energy Research and Development Administration shall not ship plutonium in any form by aircraft whether exports, imports, or domestic shipment: Provided, That any exempt shipments of plutonium, as defined by section 502, are not subject to this restriction. This restriction shall be in force until the Energy Research and Development Administration has certified to the Joint Committee on Atomic Energy of the Congress that a safe container has been developed and tested which will not rupture under crash and blast testing equivalent to the crash and explosion of a high-flying aircraft. “Sec. 502. For the purposes of this title, the term ‘exempt shipments of plutonium’ shall include the following:“(1) Plutonium shipments in any form designed for medical application. “(2) Plutonium shipments which pursuant to rules promulgated by the Administrator of the Energy Research and Development Administration are determined to be made for purposes of national security, public health and safety, or emergency maintenance operations. “(3) Shipments of small amounts of plutonium deemed by the Administrator of the Energy Research and Development Administration to require rapid shipment by air in order to preserve the chemical, physical, or isotopic properties of the transported item or material.”

§5817 Powers of Administrator

Summary

Title 42, §5817

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Effective Date

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata