
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: 42USC7259a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7259a. Activities of Department of Energy facilities


(a) Research and activities on behalf of non-department persons and 
        entities

    (1) The Secretary of Energy may conduct research and other 
activities referred to in paragraph (2) at facilities of the Department 
of Energy on behalf of other departments and agencies of the Government, 
agencies of State and local governments, and private persons and 
entities.
    (2) The research and other activities that may be conducted under 
paragraph (1) are those which the Secretary is authorized to conduct by 
law, including research and activities authorized under the following 
provisions of law:
        (A) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
        (B) The Energy Reorganization Act of 1974 [42 U.S.C. 5801 et 
    seq.].
        (C) The Federal Nonnuclear Energy Research and Development Act 
    of 1974 (42 U.S.C. 5901 et seq.).

(b) Charges

    (1) The Secretary shall impose on the department, agency, or person 
or entity for which research and other activities are carried out under 
subsection (a) of this section a charge for such research and activities 
in carrying out such research and activities, which shall include--
        (A) the direct cost incurred in carrying out such research and 
    activities; and
        (B) the overhead cost, including site-wide indirect costs, 
    associated with such research and activities.

    (2)(A) Subject to subparagraph (B), the Secretary shall also impose 
on the department, agency, or person or entity concerned a Federal 
administrative charge (which includes any depreciation and imputed 
interest charges) in an amount not to exceed 3 percent of the full cost 
incurred in carrying out the research and activities concerned.
    (B) The Secretary may waive the imposition of the Federal 
administrative charge required by subparagraph (A) in the case of 
research and other activities conducted on behalf of small business 
concerns, institutions of higher education, non-profit entities, and 
State and local governments.
    (3) Not later than 2 years after October 17, 1998, the Secretary 
shall terminate any waiver of charges under section 33 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2053) that were made before such date, 
unless the Secretary determines that such waiver should be continued.

(c) Pilot program of reduced facility overhead charges

    (1) The Secretary may, with the cooperation of participating 
contractors of the contractor-operated facilities of the Department, 
carry out a pilot program under which the Secretary and such contractors 
reduce the facility overhead charges imposed under this section for 
research and other activities conducted under this section.
    (2) The Secretary shall carry out the pilot program at contractor-
operated facilities selected by the Secretary in consultation with the 
contractors concerned.
    (3) The Secretary shall determine the facility overhead charges to 
be imposed under the pilot program at a facility based on a joint review 
by the Secretary and the contractor for the facility of all items 
included in the overhead costs of the facility in order to determine 
which items are appropriately incurred as facility overhead charges by 
the contractor in carrying out research and other activities at such 
facility under this section.
    (4) The Secretary shall commence carrying out the pilot program 
under this subsection not later than October 1, 1999, and shall 
terminate the pilot program on September 30, 2003.
    (5) Not later than January 31, 2003, the Secretary shall submit to 
Congress an interim report on the results of the pilot program under 
this subsection. The report shall include any recommendations for the 
extension or expansion of the pilot program, including the establishment 
of multiple rates of overhead charges for various categories of persons 
and entities seeking research and other activities in contractor-
operated facilities of the Department.

(d) Applicability with respect to user fee practice

    This section does not apply to the practice of the Department of 
Energy with respect to user fees at Department facilities.

(Pub. L. 105-261, div. C, title XXXI, Sec. 3137, Oct. 17, 1998, 112 
Stat. 2248.)

                       References in Text

    The Atomic Energy Act of 1954, referred to in subsec. (a)(2)(A), 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.
    The Energy Reorganization Act of 1974, referred to in subsec. 
(a)(2)(B), is Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as amended, 
which is classified principally to chapter 73 (Sec. 5801 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 5801 of this title and Tables.
    The Federal Nonnuclear Energy Research and Development Act of 1974, 
referred to in subsec. (a)(2)(C), is Pub. L. 93-577, Dec. 31, 1974, 88 
Stat. 1878, as amended, which is classified generally to chapter 74 
(Sec. 5901 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 5901 of this 
title and Tables.

                          Codification

    Section was enacted as part of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999, and not as part of the 
Department of Energy Organization Act which comprises this chapter.
