
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5817]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
      SUBCHAPTER I--ENERGY RESEARCH AND DEVELOPMENT ADMINISTRATION
 
Sec. 5817. Powers of Administrator


(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 sections 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 the Public Buildings Act 
of 1959, as amended [40 U.S.C. 601 et seq.], 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.

(Pub. L. 93-438, title I, Sec. 107, Oct. 11, 1974, 88 Stat. 1240.)

                       References in Text

    The Atomic Energy Act of 1954, as amended, referred to in subsecs. 
(a) and (e), 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. Chapters 4 
and 12 of the Atomic Energy Act of 1954, as amended, are classified 
generally to subchapters III (Sec. 2051 et seq.) and XI (Sec. 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.
    The Public Buildings Act of 1959, as amended, referred to in subsec. 
(b), is Pub. L. 86-249, Sept. 9, 1959, 73 Stat. 479, as amended, which 
is classified principally to chapter 12 (Sec. 601 et seq.) of Title 40, 
Public Buildings, Property, and Works. For complete classification of 
this Act to the Code, see Short Title note set out under section 601 of 
Title 40 and Tables.
    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.

                          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.


      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.''
