Collapse to view only § 5816. Personnel and services
- § 5811. Establishment of Energy Research and Development Administration
- § 5812. Officers of Administration
- § 5813. Responsibilities of Administrator
- § 5814. Abolition and transfers
- § 5815. Administrative provisions
- § 5816. Personnel and services
- § 5816a. Repealed.
- § 5817. Powers of Administrator
- § 5817a. Employee-suggested research projects; approval; funding; reports
- § 5818. Repealed.
- § 5819. Report to Congress on future reorganization
- § 5820.
- § 5821. Annual authorization Acts
§ 5811. Establishment of Energy Research and Development Administration
There is hereby established an independent executive agency to be known as the Energy Research and Development Administration (hereinafter in this chapter referred to as the “Administration”).
(Pub. L. 93–438, title I, § 101, Oct. 11, 1974, 88 Stat. 1234.)
§ 5812. Officers of Administration
(a) Administrator; appointment
(b) Deputy Administrator
(c) Qualifications of Administrator and Deputy Administrator
(d) Assistant Administrators; number; appointment; qualifications
(e) General Counsel
(f) Additional officers
(g) Director of Military Application; functions; qualifications; compensation
(h) Allocation of functions; responsibility for international cooperation
(i) Order of succession
(Pub. L. 93–438, title I, § 102, Oct. 11, 1974, 88 Stat. 1234.)
§ 5813. Responsibilities of Administrator
The responsibilities of the Administrator shall include, but not be limited to—
(1) exercising central responsibility for policy planning, coordination, support, and management of research and development programs respecting all energy sources, including assessing the requirements for research and development in regard to various energy sources in relation to near-term and long-range needs, policy planning in regard to meeting those requirements, undertaking programs for the optimal development of the various forms of energy sources, managing such programs, and disseminating information resulting therefrom;
(2) encouraging and conducting research and development, including demonstration of commercial feasibility and practical applications of the extraction, conversion, storage, transmission, and utilization phases related to the development and use of energy from fossil, nuclear, solar, geothermal, and other energy sources;
(3) engaging in and supporting environmental, biomedical, physical, and safety research related to the development of energy sources and utilization technologies;
(4) taking into account the existence, progress, and results of other public and private research and development activities, including those activities of the Federal Energy Administration relating to the development of energy resources using currently available technology in promoting increased utilization of energy resources, relevant to the Administration’s mission in formulating its own research and development programs;
(5) participating in and supporting cooperative research and development projects which may involve contributions by public or private persons or agencies, of financial or other resources to the performance of the work;
(6) developing, collecting, distributing, and making available for distribution, scientific and technical information concerning the manufacture or development of energy and its efficient extraction, conversion, transmission, and utilization;
(7) creating and encouraging the development of general information to the public on all energy conservation technologies and energy sources as they become available for general use, and the Administrator, in conjunction with the Administrator of the Federal Energy Administration shall, to the extent practicable, disseminate such information through the use of mass communications;
(8) encouraging and conducting research and development in energy conservation, which shall be directed toward the goals of reducing total energy consumption to the maximum extent practicable, and toward maximum possible improvement in the efficiency of energy use. Development of new and improved conservation measures shall be conducted with the goal of the most expeditious possible application of these measures;
(9) encouraging and participating in international cooperation in energy and related environmental research and development;
(10) helping to assure an adequate supply of manpower for the accomplishment of energy research and development programs, by sponsoring and assisting in education and training activities in institutions of higher education, vocational schools, and other institutions, and by assuring the collection, analysis, and dissemination of necessary manpower supply and demand data;
(11) encouraging and conducting research and development in clean and renewable energy sources.
(Pub. L. 93–438, title I, § 103, Oct. 11, 1974, 88 Stat. 1235; Pub. L. 95–39, title V, § 510(a), June 3, 1977, 91 Stat. 200; Pub. L. 102–486, title I, § 143(b), Oct. 24, 1992, 106 Stat. 2843.)
§ 5814. Abolition and transfers
(a) Abolition of Atomic Energy Commission
(b) Transfer or lapse of functions of Atomic Energy Commission
(c) Functions of Atomic Energy Commission transferred to Administrator
(d) Transfer of General Advisory Committee, Patent Compensation Board, and Divisions of Military Application and Naval Reactors to Administration
(e) Transfer to Administrator of certain functions of Secretary of the Interior and Department of the Interior; study of potential energy application of helium; report to President and Congress
There are hereby transferred to and vested in the Administrator such functions of the Secretary of the Interior, the Department of the Interior, and officers and components of such department—
(1) as relate to or are utilized by the Office of Coal Research established pursuant to the Act of July 1, 1960 (74 Stat. 336; 30 U.S.C. 661–669);
(2) as relate to or are utilized in connection with fossil fuel energy research and development programs and related activities conducted by the United States Bureau of Mines “energy centers” and synthane plant to provide greater efficiency in the extraction, processing, and utilization of energy resources for the purpose of conserving those resources, developing alternative energy resources, such as oil and gas secondary and tertiary recovery, oil shale and synthetic fuels, improving methods of managing energy-related wastes and pollutants, and providing technical guidance needed to establish and administer national energy policies; and
(3) as relate to or are utilized for underground electric power transmission research.
The Administrator shall conduct a study of the potential energy applications of helium and, within six months from October 11, 1974, report to the President and Congress his recommendations concerning the management of the Federal helium programs, as they relate to energy.
(f) Transfer to Administrator of certain functions of National Science Foundation
There are hereby transferred to and vested in the Administrator such functions of the National Science Foundation as relate to or are utilized in connection with—
(1) solar heating and cooling development; and
(2) geothermal power development.
(g) Transfer to Administrator of certain functions of Environmental Protection Agency
(h) Exercise of authority necessary or appropriate to perform transferred functions and carry out transferred programs
(i) Utilization of technical and management capabilities of other executive agencies; assignment of specific programs or projects in energy research and development
In the exercise of his responsibilities under section 5813 of this title, the Administrator shall utilize, with their consent, to the fullest extent he determines advisable the technical and management capabilities of other executive agencies having facilities, personnel, or other resources which can assist or advantageously be expanded to assist in carrying out such responsibilities. The Administrator shall consult with the head of each agency with respect to such facilities, personnel, or other resources, and may assign, with their consent, specific programs or projects in energy research and development as appropriate. In making such assignments under this subsection, the head of each such agency shall insure that—
(1) such assignments shall be in addition to and not detract from the basic mission responsibilities of the agency, and
(2) such assignments shall be carried out under such guidance as the Administrator deems appropriate.
(Pub. L. 93–438, title I, § 104, Oct. 11, 1974, 88 Stat. 1237; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172.)
§ 5815. Administrative provisions
(a) Rules and regulations
(b) Policy planning and evaluation
(c) Delegation of functions
(d) Organization
(e) Field offices
(f) Seal
(g) Working capital fund
(h) Information from other agencies
(Pub. L. 93–438, title I, § 105, Oct. 11, 1974, 88 Stat. 1238.)
§ 5816. Personnel and services
(a) Appointment and compensation of officers and employees
(b) Employment of experts and consultants
(c) Participation of military personnel
(d) Status of military personnel unaffected
(e) Transportation and per diem expenses
(f) Personnel of other agencies
(g) Advisory boards
(h) Employment of noncitizens
(Pub. L. 93–438, title I, § 106, Oct. 11, 1974, 88 Stat. 1239; Pub. L. 117–286, § 4(a)(264), Dec. 27, 2022, 136 Stat. 4335.)
§ 5816a. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(7), Feb. 10, 1996, 110 Stat. 664
§ 5817. Powers of Administrator
(a) Research and development
(b) Facilities and real property
(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 patentsThe 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
(f) Gifts and bequests
(Pub. L. 93–438, title I, § 107, Oct. 11, 1974, 88 Stat. 1240.)
§ 5817a. Employee-suggested research projects; approval; funding; reports
(a) Any Government-owned contractor operated laboratory, energy research center, or other laboratory performing functions under contract to the Administration may, with the approval of the Administrator, use a reasonable amount of its operating budget for the funding of employee-suggested research projects up to the pilot stage of development. It shall be a condition of any such approval that the director of the laboratory or center involved form an internal review mechanism for determining which employee-suggested projects merit funding in a given fiscal year; and any such project may be funded in one or more succeeding years if the review process indicates that it merits such funding.
(b) Each director of a laboratory or center specified in subsection (a) of this section shall submit an annual report to the Administrator on projects being funded under this section; and on completion of each such project shall submit a report to the Technical Information Center of the Administration for inclusion in its data base.
(Pub. L. 95–39, title III, § 303, June 3, 1977, 91 Stat. 189.)
§ 5818. Repealed. Pub. L. 95–91, title VII, § 709(b), Aug. 4, 1977, 91 Stat. 608
§ 5819. Report to Congress on future reorganization
(a) The President shall transmit to the Congress as promptly as possible, but not later than June 30, 1975, such additional recommendations as he deems advisable for organization of energy and related functions in the Federal Government, including, but not limited to, whether or not there shall be established (1) a Department of Energy and Natural Resources, (2) an Energy Policy Council, and (3) a consolidation in whole or in part of regulatory functions concerning energy.
(b) This report shall replace and serve the purposes of the report required by section 774(a)(4) 1
1 See References in Text note below.
of title 15.(Pub. L. 93–438, title I, § 109, Oct. 11, 1974, 88 Stat. 1242.)
§ 5820.
The Administrator is authorized to establish programs to utilize research and development performed by other Federal agencies to minimize the adverse environmental effects of energy projects. The Administrator of the Environmental Protection Agency, as well as other affected agencies and departments, shall cooperate fully with the Administrator in establishing and maintaining such programs, and in establishing appropriate interagency agreements to develop cooperative programs and to avoid unnecessary duplication.
(Pub. L. 93–438, title I, § 110, Oct. 11, 1974, 88 Stat. 1242.)
§ 5821. Annual authorization Acts
(a) General requirements; applicability to appropriations
(b) Requirements and limitations respecting funds appropriated for operating expenses
(1) Funds appropriated pursuant to an annual authorization Act for “Operating expenses” may be used for—
(A) the construction or acquisition of any facilities, or major items of equipment, which may be required at locations other than installations of the Administration, for the performance of research, development, and demonstration activities, and
(B) grants to any organization for purchase or construction of research facilities.
No such funds shall be used under this subsection for the acquisition of land. Fee title to all such facilities and items of equipment shall be vested in the United States, unless the Administrator or his designee determines in writing that the research, development, and demonstration authorized by such Act would best be implemented by permitting fee title or any other property interest to be vested in an entity other than the United States; but before approving the vesting of such title or interest in such entity, the Administrator shall (i) transmit such determination, together with all pertinent data, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and (ii) wait a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
(2) No funds shall be used under paragraph (1) for any facility or major item of equipment, including collateral equipment, if the estimated cost to the Federal Government exceeds $5,000,000 in the case of such a facility or $2,000,000 in the case of such an item of equipment, unless such facility or item has been previously authorized by the appropriate committees of the House of Representatives and the Senate, or the Administrator—
(A) transmit to the appropriate committees of the House of Representatives and the Senate a report on such facility or item showing its nature, purpose, and estimated cost, and
(B) waits a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain), unless prior to the expiration of such period each such committee has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
(c) Additional requirements and limitations respecting funds appropriated for operating expenses
(1) Not to exceed 1 per centum of all funds appropriated pursuant to any annual authorization Act for “Operating expenses” may be used by the Administrator to construct, expand, or modify laboratories and other facilities, including the acquisition of land, at any location under the control of the Administrator, if the Administrator determines that (A) such action would be necessary because of changes in the national programs authorized to be funded by such Act or because of new scientific or engineering developments, and (B) deferral of such action until the enactment of the next authorization Act would be inconsistent with the policies established by Congress for the Administration.
(2) No funds may be obligated for expenditure or expended under paragraph (1) for activities described in such paragraph unless—
(A) a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the Administrator has transmitted to the appropriate committees of the House of Representatives and the Senate a written report containing a full and complete statement concerning (i) the nature of the construction, expansion, or modification involved, (ii) the cost thereof, including the cost of any real estate action pertaining thereto, and (iii) the reason why such construction, expansion, or modification is necessary and in the national interest, or
(B) each such committee before the expiration of such period has transmitted to the Administrator a written notice to the effect that such committee has no objection to the proposed action;
except that this paragraph shall not apply to any project the estimated total cost of which does not exceed $50,000.
(d) Requirements respecting amounts appropriated in annual appropriation Act for use in programs in excess of amount actually authorized for use in program not presented to, or requested of Congress; reduction in aggregate amount available for categories of coal, etc., from sums appropriated
(1) Except as otherwise provided in the authorization Act involved—
(A) no amount appropriated pursuant to any annual authorization Act may be used for any program in excess of the amount actually authorized for that particular program by such Act, and
(B) no amount appropriated pursuant to any annual authorization Act may be used for any program which has not been presented to, or requested of the Congress,
unless (i) a period of thirty calendar days (not including any day in which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after the receipt by the appropriate committees of the House of Representatives and the Senate of notice given by the Administrator containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (ii) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
(2) Notwithstanding any other provision of this section or the authorization Act involved, the aggregate amount available for use within the categories of coal, petroleum and natural gas, oil shale, solar, geothermal, nuclear energy (non-weapons), environment and safety, and conservation from sums appropriated pursuant to an annual authorization Act may not, as a result of reprograming, be decreased by more than 10 per centum of the total of the sums appropriated pursuant to such Act for those categories.
(e) Requirements and limitations respecting merger of amounts appropriated for operating expenses or for plant and capital equipment
(f) Availability until expended of amounts appropriated for operating expenses or for plant and capital equipment
(g) Performance of construction design services by Administrator
(h) Retention and use for operating expenses, and availability until expended, of moneys received by Administration; exceptionsWhen so specified in appropriation Acts, any moneys received by the Administration may be retained and used for operating expenses, and may remain available until expended, notwithstanding the provisions of section 3302(b) of title 31; except that—
(1) this subsection shall not apply with respect to sums received from disposal of property under the Atomic Energy Community Act of 1955 [42 U.S.C. 2301 et seq.] or the Strategic and Critical Materials Stockpiling Act, as amended [50 U.S.C. 98 et seq.], or with respect to fees received for tests or investigations under the Act of May 16, 1910, as amended (30 U.S.C. 7); and
(2) revenues received by the Administration from the enrichment of uranium shall (when so specified) be retained and used for the specific purpose of offsetting costs incurred by the Administration in providing uranium enrichment service activities.
(i) Requirements respecting transfers of sums appropriated for operating expenses to other Government agencies; merger of transferred sums
(Pub. L. 93–438, title I, § 111, as added Pub. L. 95–238, title II, § 201, Feb. 25, 1978, 92 Stat. 56; amended Pub. L. 103–437, § 15(c)(7), Nov. 2, 1994, 108 Stat. 4592.)