
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5812]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
      SUBCHAPTER I--ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION
 
Sec. 5812. Officers of Administration


(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

    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.

(c) Qualifications of Administrator and Deputy Administrator

    The President shall appoint the Administrator and Deputy 
Administrator from among individuals who, by reason of their general 
background and experience are specially qualified to manage a full range 
of energy research and development programs.

(d) Assistant Administrators; number; appointment; qualifications

    There shall be in the Administration six Assistant Administrators, 
one of whom shall be responsible for fossil energy, another for nuclear 
energy, another for environment and safety, another for conservation, 
another for solar, geothermal, and advanced energy systems, and another 
for national security. The Assistant Administrators shall be appointed 
by the President, by and with the advice and consent of the Senate. The 
President shall appoint each Assistant Administrator from among 
individuals who, by reason of general background and experience, are 
specially qualified to manage the energy technology area assigned to 
such Assistant Administrator.

(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.

(Pub. L. 93-438, title I, Sec. 102, Oct. 11, 1974, 88 Stat. 1234.)

                       References in Text

    The Atomic Energy Act of 1954, as amended, referred to in subsec. 
(g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 
1073, Sec. 1, 68 Stat. 921, and amended, which is classified generally 
to chapter 23 (Sec. 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.

                          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 sections 
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 (Sec. 7101 et 
seq.) of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 5815 of this title.
