--- kind: "section" citation: "42 U.S.C. § 7259a" title: "42" title_heading: "The Public Health and Welfare" number: "7259a" heading: "Activities of Department of Energy facilities" release: "119-102" url: "https://uscodex.org/usc/42/7259a" units: - "Chapter 84 — Department of Energy" - "Subchapter VI — Administrative Provisions" - "Part C — General Administrative Provisions" --- # §7259a. Activities of Department of Energy facilities - (a) **Research and activities on behalf of non-department persons and entities—** - (1) The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) may conduct research and other activities referred to in [paragraph (2)](#a-2) at [facilities](/usc/42/11049.md?p=4) of the Department of [Energy](/usc/42/6311.md?p=7) on behalf of other departments and agencies of the Government, agencies of [State](/usc/42/201.md?p=f) and [local governments](/usc/42/8401a.md), and private [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and entities. - (2) The research and other activities that may be conducted under [paragraph (1)](#a-1) are those which the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/2011.md) et seq.). - (B) The [Energy](/usc/42/6311.md?p=7) Reorganization Act of 1974 [[42 U.S.C. 5801](/usc/42/5801.md) et seq.]. - (C) The Federal Nonnuclear [Energy](/usc/42/6311.md?p=7) Research and Development Act of 1974 ([42 U.S.C. 5901](/usc/42/5901.md) et seq.). - (b) **Charges—** - (1) The [Secretary](/usc/42/242q–4.md?p=2) shall impose on the department, agency, or [person](/usc/42/1320a–7k.md?p=d-4-C-i) or entity for which research and other activities are carried out under [subsection (a)](#a) 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)](#b-2-B), the [Secretary](/usc/42/242q–4.md?p=2) shall also impose on the department, agency, or [person](/usc/42/1320a–7k.md?p=d-4-C-i) 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](/usc/42/242q–4.md?p=2) may waive the imposition of the Federal administrative charge required by [subparagraph (A)](#b-2-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](/usc/42/201.md?p=f) and [local governments](/usc/42/8401a.md). - (3) Not later than 2 years after October 17, 1998, the [Secretary](/usc/42/242q–4.md?p=2) shall terminate any waiver of charges under section 33 of the Atomic Energy Act of 1954 ([42 U.S.C. 2053](/usc/42/2053.md)) that were made before such date, unless the [Secretary](/usc/42/242q–4.md?p=2) determines that such waiver should be continued. - (c) **Pilot program of reduced facility overhead charges—** - (1) The [Secretary](/usc/42/242q–4.md?p=2) may, with the cooperation of participating contractors of the contractor-operated [facilities](/usc/42/11049.md?p=4) of the Department, carry out a pilot [program](/usc/42/274l–1.md?p=4) under which the [Secretary](/usc/42/242q–4.md?p=2) and such contractors reduce the [facility](/usc/42/11049.md?p=4) overhead charges imposed under this section for research and other activities conducted under this section. - (2) The [Secretary](/usc/42/242q–4.md?p=2) shall carry out the pilot [program](/usc/42/274l–1.md?p=4) at contractor-operated [facilities](/usc/42/11049.md?p=4) selected by the [Secretary](/usc/42/242q–4.md?p=2) in consultation with the contractors concerned. - (3) The [Secretary](/usc/42/242q–4.md?p=2) shall determine the [facility](/usc/42/11049.md?p=4) overhead charges to be imposed under the pilot [program](/usc/42/274l–1.md?p=4) at a [facility](/usc/42/11049.md?p=4) based on a joint review by the [Secretary](/usc/42/242q–4.md?p=2) and the contractor for the [facility](/usc/42/11049.md?p=4) of all items included in the overhead costs of the [facility](/usc/42/11049.md?p=4) in order to determine which items are appropriately incurred as [facility](/usc/42/11049.md?p=4) overhead charges by the contractor in carrying out research and other activities at such [facility](/usc/42/11049.md?p=4) under this section. - (4) The [Secretary](/usc/42/242q–4.md?p=2) shall commence carrying out the pilot [program](/usc/42/274l–1.md?p=4) under this subsection not later than October 1, 1999, and shall terminate the pilot [program](/usc/42/274l–1.md?p=4) on September 30, 2003. - (5) Not later than January 31, 2003, the [Secretary](/usc/42/242q–4.md?p=2) shall submit to Congress an interim report on the results of the pilot [program](/usc/42/274l–1.md?p=4) under this subsection. The report shall include any recommendations for the extension or expansion of the pilot [program](/usc/42/274l–1.md?p=4), including the establishment of multiple rates of overhead charges for various [categories](/usc/42/1395w–4.md?p=j-1) of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and entities seeking research and other activities in contractor-operated [facilities](/usc/42/11049.md?p=4) of the Department. - (d) **Applicability with respect to user fee practice—** This section does not apply to the practice of the Department of [Energy](/usc/42/6311.md?p=7) with respect to user fees at Department [facilities](/usc/42/11049.md?p=4). ## Source credit (Pub. L. 105–261, div. C, title XXXI, § 3137, Oct. 17, 1998, 112 Stat. 2248.) ## Notes ### Editorial Notes ### 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, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 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, which is classified principally to chapter 73 (§ 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, which is classified generally to chapter 74 (§ 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.