
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: 42USC7256]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7256. Contracts, leases, etc., with public agencies and 
        private organizations and persons
        

(a) General authority

    The Secretary is authorized to enter into and perform such 
contracts, leases, cooperative agreements, or other similar transactions 
with public agencies and private organizations and persons, and to make 
such payments (in lump sum or installments, and by way of advance or 
reimbursement) as he may deem to be necessary or appropriate to carry 
out functions now or hereafter vested in the Secretary.

(b) Limitation on authority; appropriations

    Notwithstanding any other provision of this subchapter, no authority 
to enter into contracts or to make payments under this subchapter shall 
be effective except to such extent or in such amounts as are provided in 
advance in appropriation Acts.

(c) Leasing of excess Department of Energy property

    The Secretary may lease, upon terms and conditions the Secretary 
considers appropriate to promote national security or the public 
interest, acquired real property and related personal property that--
        (1) is located at a facility of the Department of Energy to be 
    closed or reconfigured;
        (2) at the time the lease is entered into, is not needed by the 
    Department of Energy; and
        (3) is under the control of the Department of Energy.

(d) Terms of lease

    (1) A lease entered into under subsection (c) of this section may 
not be for a term of more than 10 years, except that the Secretary may 
enter into a lease that includes an option to renew for a term of more 
than 10 years if the Secretary determines that entering into such a 
lease will promote the national security or be in the public interest.
    (2) A lease entered into under subsection (c) of this section may 
provide for the payment (in cash or in kind) by the lessee of 
consideration in an amount that is less than the fair market rental 
value of the leasehold interest. Services relating to the protection and 
maintenance of the leased property may constitute all or part of such 
consideration.

(e) Environmental concerns

    (1) Before entering into a lease under subsection (c) of this 
section, the Secretary shall consult with the Administrator of the 
Environmental Protection Agency (with respect to property located on a 
site on the National Priorities List) or the appropriate State official 
(with respect to property located on a site that is not listed on the 
National Priorities List) to determine whether the environmental 
conditions of the property are such that leasing the property, and the 
terms and conditions of the lease agreement, are consistent with safety 
and the protection of public health and the environment.
    (2) Before entering into a lease under subsection (c) of this 
section, the Secretary shall obtain the concurrence of the Administrator 
of the Environmental Protection Agency or the appropriate State 
official, as the case may be, in the determination required under 
paragraph (1). The Secretary may enter into a lease under subsection (c) 
of this section without obtaining such concurrence if, within 60 days 
after the Secretary requests the concurrence, the Administrator or 
appropriate State official, as the case may be, fails to submit to the 
Secretary a notice of such individual's concurrence with, or rejection 
of, the determination.

(f) Retention and use of rentals; report

    To the extent provided in advance in appropriations Acts, the 
Secretary may retain and use money rentals received by the Secretary 
directly from a lease entered into under subsection (c) of this section 
in any amount the Secretary considers necessary to cover the 
administrative expenses of the lease, the maintenance and repair of the 
leased property, or environmental restoration activities at the facility 
where the leased property is located. Amounts retained under this 
subsection shall be retained in a separate fund established in the 
Treasury for such purpose. The Secretary shall annually submit to the 
Congress a report on amounts retained and amounts used under this 
subsection.

(Pub. L. 95-91, title VI, Sec. 646, Aug. 4, 1977, 91 Stat. 599; Pub. L. 
103-160, div. C, title XXXI, Sec. 3154, Nov. 30, 1993, 107 Stat. 1952.)


                               Amendments

    1993--Subsecs. (c) to (f). Pub. L. 103-160 added subsecs. (c) to 
(f).


Pilot Program Relating to Use of Proceeds of Disposal or Utilization of 
                   Certain Department of Energy Assets

    Pub. L. 105-85, div. C, title XXXI, Sec. 3138, Nov. 18, 1997, 111 
Stat. 2039, provided that:
    ``(a) Purpose.--The purpose of this section is to encourage the 
Secretary of Energy to dispose of or otherwise utilize certain assets of 
the Department of Energy by making available to the Secretary the 
proceeds of such disposal or utilization for purposes of defraying the 
costs of such disposal or utilization.
    ``(b) Use of Proceeds To Defray Costs.--(1) Notwithstanding section 
3302 of title 31, United States Code, the Secretary may retain from the 
proceeds of the sale, lease, or disposal of an asset under subsection 
(c) an amount equal to the cost of the sale, lease, or disposal of the 
asset. The Secretary shall utilize amounts retained under this paragraph 
to defray the cost of the sale, lease, or disposal.
    ``(2) For purposes of paragraph (1), the cost of a sale, lease, or 
disposal shall include--
        ``(A) the cost of administering the sale, lease, or disposal;
        ``(B) the cost of recovering or preparing the asset concerned 
    for the sale, lease, or disposal; and
        ``(C) any other cost associated with the sale, lease, or 
    disposal.
    ``(c) Covered Transactions.--Subsection (b) applies to the following 
transactions:
        ``(1) The sale of heavy water at the Savannah River Site, South 
    Carolina, that is under the jurisdiction of the Defense 
    Environmental Management Program.
        ``(2) The sale of precious metals that are under the 
    jurisdiction of the Defense Environmental Management Program.
        ``(3) The lease of buildings and other facilities located at the 
    Hanford Reservation, Washington, that are under the jurisdiction of 
    the Defense Environmental Management Program.
        ``(4) The lease of buildings and other facilities located at the 
    Savannah River Site that are under the jurisdiction of the Defense 
    Environmental Management Program.
        ``(5) The disposal of equipment and other personal property 
    located at the Rocky Flats Defense Environmental Technology Site, 
    Colorado, that is under the jurisdiction of the Defense 
    Environmental Management Program.
        ``(6) The disposal of materials at the National Electronics 
    Recycling Center, Oak Ridge, Tennessee that are under the 
    jurisdiction of the Defense Environmental Management Program.
    ``(d) Applicability of Disposal Authority.--Nothing in this section 
shall be construed to limit the application of sections 202 and 203(j) 
of the Federal Property and Administrative Services Act of 1949 (40 
U.S.C. 483 and 484(j)) to the disposal of equipment and other personal 
property covered by this section.
    ``(e) Report.--Not later than January 31, 1999, the Secretary shall 
submit to the congressional defense committees [Committees on Armed 
Services and Appropriations of Senate and House of Representatives] a 
report on amounts retained by the Secretary under subsection (b) during 
fiscal year 1998.''


      Contract Goal for Small Disadvantaged Businesses and Certain 
                    Institutions of Higher Education

    Section 3159 of Pub. L. 103-160, as amended by Pub. L. 103-337, div. 
A, title X, Sec. 1070(b)(16), Oct. 5, 1994, 108 Stat. 2857, provided 
that:
    ``(a) Goal.--Except as provided in subsection (c), a goal of 5 
percent of the amount described in subsection (b) shall be the objective 
of the Department of Energy in carrying out national security programs 
of the Department in each of fiscal years 1994 through 2000 for the 
total combined amount obligated for contracts and subcontracts entered 
into with--
        ``(1) small business concerns, including mass media and 
    advertising firms, owned and controlled by socially and economically 
    disadvantaged individuals (as such term is used in section 8(d) of 
    the Small Business Act (15 U.S.C. 637(d)) and regulations issued 
    under that section), the majority of the earnings of which directly 
    accrue to such individuals;
        ``(2) historically Black colleges and universities, including 
    any nonprofit research institution that was an integral part of such 
    a college or university before November 14, 1986; and
        ``(3) minority institutions (as defined in section 1046(3) of 
    the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3))), which, for 
    the purposes of this section, shall include Hispanic-serving 
    institutions (as defined in section 316(b)(1) of such Act (20 U.S.C. 
    1059c(b)(1))).
    ``(b) Amount.--(1) Except as provided in paragraph (2), the 
requirements of subsection (a) for any fiscal year apply to the combined 
total of the funds obligated for contracts entered into by the 
Department of Energy pursuant to competitive procedures for such fiscal 
year for purposes of carrying out national security programs of the 
Department.
    ``(2) In computing the combined total of funds under paragraph (1) 
for a fiscal year, funds obligated for such fiscal year for contracts 
for naval reactor programs shall not be included.
    ``(c) Applicability.--Subsection (a) does not apply--
        ``(1) to the extent to which the Secretary of Energy determines 
    that compelling national security considerations require otherwise; 
    and
        ``(2) if the Secretary notifies the Congress of such a 
    determination and the reasons for the determination.''


 Small Business Concerns Participation in Programs Funded by Department 
 of Energy Act of 1978--Civilian Applications; Report to Congressional 
                               Committees

    Pub. L. 95-238, title II, Sec. 204, Feb. 25, 1978, 92 Stat. 59, as 
amended by Pub. L. 96-470, title II, Sec. 203(f), Oct. 19, 1980, 94 
Stat. 2243, provided that:
    ``(a) In carrying out the programs for which funds are authorized by 
this Act [see Tables for classification], the Secretary of Energy shall 
provide a realistic and adequate opportunity for small business concerns 
to participate in such programs to the optimum extent feasible 
consistent with the size and nature of the projects and activities 
involved.
    ``(b) The Secretary of Energy shall submit annually to the 
appropriate committees of the House of Representatives and the Senate a 
full report on the actions taken in carrying out subsection (a) during 
the preceding year, including the extent to which small business 
concerns are participating in the programs involved and in projects and 
activities of various types and sizes within each such program, and 
indicating the steps currently taken to assure such participation in the 
future. Such report shall also contain such information as may be 
required by section 308 of the Act of December 31, 1975 (42 U.S.C. 
5878a; 89 Stat. 1074).''

                  Section Referred to in Other Sections

    This section is referred to in section 7141 of this title.
