42 U.S.C. § 7142 — National Atomic Museum and National

Page 7059 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7142 1 See References in Text note below. ties of the Department to the extent he con- siders appropriate. He shall limit the use of fi- nancial assistance to providing funds necessary for such enterprises to bid for and obtain con- tracts or other agreements, and shall limit the amount of the financial assistance to any recipi- ent to not more than 75 percent of such costs. (2) The Secretary shall determine the rate of interest on loans under this section in consulta- tion with the Secretary of the Treasury. (3) The Secretary shall deposit into the Treas- ury as miscellaneous receipts amounts received in connection with the repayment and satisfac- tion of such loans. (f) Definitions As used in this section, the term— (1) ‘‘minority’’ means any individual who is a citizen of the United States and who is Asian American, Native Hawaiian, a Pacific Is- lander, African American, Hispanic, Puerto Rican, Native American, or an Alaska Native; (2) ‘‘minority business enterprise’’ means a firm, corporation, association, or partnership which is at least 50 percent owned or con- trolled by a minority or group of minorities; and (3) ‘‘minority educational institution’’ means an educational institution with an en- rollment in which a substantial proportion (as determined by the Secretary) of the students are minorities. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the functions of the Of- fice not to exceed $3,000,000 for fiscal year 1979, not to exceed $5,000,000 for fiscal year 1980, and not to exceed $6,000,000 for fiscal year 1981. Of the amounts so appropriated each fiscal year, not less than 50 percent shall be available for purposes of financial assistance under sub- section (e). (Pub. L. 95–91, title II, § 211, as added Pub. L. 95–619, title VI, § 641, Nov. 9, 1978, 92 Stat. 3284; amended Pub. L. 114–157, § 1(a), May 20, 2016, 130 Stat. 393.) Editorial Notes AMENDMENTS 2016—Subsec. (f)(1). Pub. L. 114–157 substituted ‘‘Asian American, Native Hawaiian, a Pacific Islander, African American, Hispanic, Puerto Rican, Native American, or an Alaska Native’’ for ‘‘a Negro, Puerto Rican, Amer- ican Indian, Eskimo, Oriental, or Aleut or is a Spanish speaking individual of Spanish descent’’. § 7142. National Atomic Museum and National Atomic Testing Museum (a) Recognition and status The museum operated by the Department of Energy and currently located at Building 20358 on Wyoming Avenue South near the corner of M street within the confines of the Kirtland Air Force Base (East), Albuquerque, New Mexico— (1) is recognized as the official atomic mu- seum of the United States; (2) shall be known as the ‘‘National Atomic Museum’’; and (3) shall have the sole right throughout the United States and its possessions to have and use the name ‘‘National Atomic Museum’’. (b) Volunteers (1) In operating the National Atomic Museum, the Secretary of Energy may— (A) recruit, train, and accept the services of individuals without compensation as volun- teers for, or in aid of, interpretive functions or other services or activities of and related to the museum; and (B) provide to volunteers incidental ex- penses, such as nominal awards, uniforms, and transportation. (2) Except as provided in paragraphs (3) and (4), a volunteer who is not otherwise employed by the Federal Government is not subject to laws relating to Federal employment, including those relating to hours of work, rates of com- pensation, leave, unemployment compensation, and Federal employee benefits, because of serv- ice as a volunteer under this subsection. (3) For purposes of chapter 171 of title 28 (re- lating to tort claims), a volunteer under this subsection is considered a Federal employee. (4) For the purposes of subchapter I of chapter 81 of title 5 (relating to compensation for work- related injuries), a volunteer under this sub- section is considered an employee of the United States. (c) Authority (1) In operating the National Atomic Museum, the Secretary of Energy may— (A) accept and use donations of money or gifts pursuant to section 7262 1 of this title, if such gifts or money are designated in a writ- ten document signed by the donor as intended for the museum, and such donations or gifts are determined by the Secretary to be suitable and beneficial for use by the museum; (B) operate a retail outlet on the premises of the museum for the purpose of selling or dis- tributing mementos, replicas of memorabilia, literature, materials, and other items of an in- formative, educational, and tasteful nature relevant to the contents of the museum; and (C) exhibit, perform, display, and publish in- formation and materials concerning museum mementos, items, memorabilia, and replicas thereof in any media or place anywhere in the world, at reasonable fees or charges where fea- sible and appropriate, to substantially cover costs. (2) The net proceeds of activities authorized under subparagraphs (B) and (C) of paragraph (1) may be used by the National Atomic Museum for activities of the museum. (d) Recognition and status of National Atomic Testing Museum The museum operated by the Nevada Test Site Historical Foundation and located in Las Vegas, Nevada— (1) is recognized as the official atomic test- ing museum of the United States; and (2) shall be known as the ‘‘National Atomic Testing Museum’’. (Pub. L. 102–190, div. C, title XXXI, § 3137, Dec. 5, 1991, 105 Stat. 1578; Pub. L. 103–35, title II, § 203(b)(4), May 31, 1993, 107 Stat. 102; Pub. L. Page 7060 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7142a 112–81, div. C, title XXXI, § 3114, Dec. 31, 2011, 125 Stat. 1709.) Editorial Notes REFERENCES IN TEXT Section 7262 of this title, referred to in subsec. (c)(1)(A), was repealed by Pub. L. 104–206, title V, § 502, Sept. 30, 1996, 110 Stat. 3002. CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Years 1992 and 1993, and not as part of the Department of Energy Organization Act which comprises this chapter. AMENDMENTS 2011—Pub. L. 112–81, § 3114(1), inserted ‘‘and National Atomic Testing Museum’’ after ‘‘Atomic Museum’’ in section catchline. Subsec. (d). Pub. L. 112–81, § 3114(2), added subsec. (d). 1993—Subsec. (c)(1). Pub. L. 103–35 struck out comma after ‘‘Secretary of Energy’’ in introductory provisions. § 7142a. Designation of American Museum of Science and Energy (a) In general The Museum— (1) is designated as the ‘‘American Museum of Science and Energy’’; and (2) shall be the official museum of science and energy of the United States. (b) References Any reference in a law, map, regulation, docu- ment, paper, or other record of the United States to the Museum is deemed to be a ref- erence to the ‘‘American Museum of Science and Energy’’. (c) Property of the United States (1) In general The name ‘‘American Museum of Science and Energy’’ is declared the property of the United States. (2) Use The Museum shall have the sole right throughout the United States and its posses- sions to have and use the name ‘‘American Museum of Science and Energy’’. (3) Effect on other rights This subsection shall not be construed to conflict or interfere with established or vested rights. (Pub. L. 106–554, § 1(a)(4) [div. B, title IV, § 401], Dec. 21, 2000, 114 Stat. 2763, 2763A–266.) Editorial Notes CODIFICATION Section was enacted as part of the Miscellaneous Ap- propriations Act, 2001, and also as part of the Consoli- dated Appropriations Act, 2001, and not as part of the Department of Energy Organization Act which com- prises this chapter. § 7142b. Authority To carry out the activities of the Museum, the Secretary may— (1) accept and dispose of any gift, devise, or bequest of services or property, real or per- sonal, that is— (A) designated in a written document by the person making the gift, devise, or be- quest as intended for the Museum; and (B) determined by the Secretary to be suit- able and beneficial for use by the Museum; (2) operate a retail outlet on the premises of the Museum for the purpose of selling or dis- tributing items (including mementos, food, educational materials, replicas, and lit- erature) that are— (A) relevant to the contents of the Mu- seum; and (B) informative, educational, and tasteful; (3) collect reasonable fees where feasible and appropriate; (4) exhibit, perform, display, and publish ma- terials and information of or relating to the Museum in any media or place; (5) consistent with guidelines approved by the Secretary, lease space on the premises of the Museum at reasonable rates and for uses consistent with such guidelines; and (6) use the proceeds of activities authorized under this section to pay the costs of the Mu- seum. (Pub. L. 106–554, § 1(a)(4) [div. B, title IV, § 402], Dec. 21, 2000, 114 Stat. 2763, 2763A–267.) Editorial Notes CODIFICATION Section was enacted as part of the Miscellaneous Ap- propriations Act, 2001, and also as part of the Consoli- dated Appropriations Act, 2001, and not as part of the Department of Energy Organization Act which com- prises this chapter. § 7142c. Museum volunteers (a) Authority to use volunteers The Secretary may recruit, train, and accept the services of individuals or entities as volun- teers for services or activities related to the Mu- seum. (b) Status of volunteers (1) In general Except as provided in paragraph (2), service by a volunteer under subsection (a) shall not be considered Federal employment. (2) Exceptions (A) Federal Tort Claims Act For purposes of chapter 171 of title 28, a volunteer under subsection (a) shall be treated as an employee of the Government (as defined in section 2671 of that title). (B) Compensation for work injuries For purposes of subchapter I of chapter 81 of title 5, a volunteer described in subsection (a) shall be treated as an employee (as de- fined in section 8101 of title 5). (c) Compensation A volunteer under subsection (a) shall serve without pay, but may receive nominal awards and reimbursement for incidental expenses, in- cluding expenses for a uniform or transportation in furtherance of Museum activities. (Pub. L. 106–554, § 1(a)(4) [div. B, title IV, § 403], Dec. 21, 2000, 114 Stat. 2763, 2763A–267.)