
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: 42USC7257]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7257. Acquisition, construction, etc., of laboratories, 
        research and testing sites, etc.
        
    The Secretary is authorized to acquire (by purchase, lease, 
condemnation, or otherwise), construct, improve, repair, operate, and 
maintain laboratories, research and testing sites and facilities, 
quarters and related accommodations for employees and dependents of 
employees of the Department, personal property (including patents), or 
any interest therein, as the Secretary deems necessary; and to provide 
by contract or otherwise for eating facilities and other necessary 
facilities for the health and welfare of employees of the Department at 
its installations and purchase and maintain equipment therefor.

(Pub. L. 95-91, title VI, Sec. 647, Aug. 4, 1977, 91 Stat. 599.)


 Pilot Program for Project Management Oversight Regarding Department of 
                      Energy Construction Projects

    Pub. L. 106-65, div. C, title XXXI, Sec. 3175, Oct. 5, 1999, 113 
Stat. 950, provided that:
    ``(a) Requirement.--(1) The Secretary of Energy shall carry out a 
pilot program on use of project management oversight services (in this 
section referred to as `PMO services') for construction projects of the 
Department of Energy.
    ``(2) The purpose of the pilot program shall be to provide a basis 
for determining whether or not the use of competitively procured, 
external PMO services for those construction projects would permit the 
Department to control excessive costs and schedule delays associated 
with those construction projects that have large capital costs.
    ``(b) Projects Covered by Program.--(1) Subject to paragraph (2), 
the Secretary shall carry out the pilot program at construction projects 
selected by the Secretary. The projects shall include one or more 
construction projects authorized pursuant to section 3101 [113 Stat. 
915] and one construction project authorized pursuant to section 3102 
[113 Stat. 917].
    ``(2) Each project selected by the Secretary shall be a project 
having capital construction costs anticipated to be not less than 
$25,000,000.
    ``(c) Services Under Program.--The PMO services used under the pilot 
program shall include the following services:
        ``(1) Monitoring the overall progress of a project.
        ``(2) Determining whether or not a project is on schedule.
        ``(3) Determining whether or not a project is within budget.
        ``(4) Determining whether or not a project conforms with plans 
    and specifications approved by the Department.
        ``(5) Determining whether or not a project is being carried out 
    efficiently and effectively.
        ``(6) Any other management oversight services that the Secretary 
    considers appropriate for purposes of the pilot program.
    ``(d) Procurement of Services Under Program.--Any PMO services 
procured under the pilot program shall be acquired--
        ``(1) on a competitive basis; and
        ``(2) from among commercial entities that--
            ``(A) do not currently manage or operate facilities at a 
        location where the pilot program is being conducted; and
            ``(B) have an expertise in the management of large 
        construction projects.
    ``(e) Report.--Not later than February 1, 2000, the Secretary shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the pilot program. The report shall 
include the assessment of the Secretary as to the feasibility and 
desirability of using PMO services for construction projects of the 
Department.''


                         Laboratory Funding Plan

    Pub. L. 106-60, title III, Sec. 310, Sept. 29, 1999, 113 Stat. 496, 
provided that:
    ``(a) None of the funds in this Act or any future Energy and Water 
Development Appropriations Act may be expended after December 31 of each 
year under a covered contract unless the funds are expended in 
accordance with a Laboratory Funding Plan that has been approved by the 
Secretary of Energy. At the beginning of each fiscal year, the Secretary 
shall issue directions to the laboratories for the programs, projects, 
and activities to be conducted in that fiscal year. The Secretary and 
the Laboratories shall devise a Laboratory Funding Plan that identifies 
the resources needed to carry out these programs, projects, and 
activities. Funds shall be released to the Laboratories only after the 
Secretary has approved the Laboratory Funding Plan. The Secretary of 
Energy may provide exceptions to this requirement as the Secretary 
considers appropriate.
    ``(b) For purposes of this section, `covered contract' means a 
contract for the management and operation of the following laboratories: 
Argonne National Laboratory, Brookhaven National Laboratory, Idaho 
National Engineering and Environmental Laboratory, Lawrence Berkeley 
National Laboratory, Lawrence Livermore National Laboratory, Los Alamos 
National Laboratory, Oak Ridge National Laboratory, Pacific Northwest 
National Laboratory, and Sandia National Laboratories.''


Termination or Changes in Activities of Government-Owned and Contractor-
 Operated Facilities, National Laboratories, Etc.; Reports by Secretary 
   of Energy Concerning Proposals Prior to Implementation; Contents; 
                             Submission Date

    Pub. L. 95-238, title I, Sec. 104(c), Feb. 25, 1978, 92 Stat. 53, 
provided that: ``As part of the Department of Energy's responsibility to 
keep the Congress fully and currently informed, the Secretary shall make 
the following reports:
        ``(i) any proposal by the Secretary of the Department of Energy 
    to terminate or make major changes in activities of the Government-
    owned and contractor-operated facilities, the national laboratories, 
    energy research centers and the operations offices managing such 
    laboratories, shall not be implemented until the Secretary transmits 
    the proposal, together with all pertinent data, to the Committee on 
    Science and Technology [now Committee on Science] of the House of 
    Representatives and the Committee on Energy and Natural Resources of 
    the Senate, and waits a period of thirty calendar days (not 
    including any day on which either House of Congress is not in 
    session because of an adjournment of more than three calendar days 
    to a day certain) from the date on which such report is received by 
    such committees; and
        ``(ii) by January 31, 1978, the Secretary shall file a full and 
    complete report on each such proposal which he has implemented, as 
    described in the preceding paragraph, and any major program 
    structure change with the Committee on Science and Technology of the 
    House of Representatives and the Committee on Energy and Natural 
    Resources of the Senate.''
