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42 U.S.C. § 7260 — Activities of Department of Energy facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.).
(B) The Energy Reorganization Act of 1974 [[42 U.S.C. 5801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.].
(C) The Federal Nonnuclear Energy Research and Development Act of 1974 ([42 U.S.C. 5901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5901&num=0&edition=prelim) 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) 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 deprecia
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Source file: Laws/federal/codes/united-states-code/title-42/section-7260-activities-of-department-of-energy-facilities--410cb4d1a3.md
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Source location: Title 42, Chapter 84, § 7260; chapter-084-department-of-energy.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2011&num=0&edition=prelim) et seq.).
(B) The Energy Reorganization Act of 1974 [[42 U.S.C. 5801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5801&num=0&edition=prelim) et seq.].
(C) The Federal Nonnuclear Energy Research and Development Act of 1974 ([42 U.S.C. 5901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5901&num=0&edition=prelim) 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2053&num=0&edition=prelim)) 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.
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Federal law — U.S. Code and appendices · legal_authorities
No person shall on the ground of sex be excluded from participation in, be denied a license under, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under any subchapter of this chapter. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964 [[42 U.S.C. 2000d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000d&num=0&edition=prelim) et seq.]. However, this remedy is not exclusive and will not prejudice or cut off any other legal remedies available to a discriminatee.
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
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Federal law — U.S. Code and appendices · legal_authorities
In this section, with respect to international research projects, the term “private facilities or laboratories” means facilities or laboratories located in the United States. Where the Commission finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2051&num=0&edition=prelim) as it deems appropriate to the development of energy. To the extent the Commission determines that private facilities or laboratories are inadequate for the purpose, and that the Commission’s facilities, or scientific or technical resources have the potential of lending significant assistance to other persons in the fields of protection of public health and safety, the Commission may also assist other persons in these fields by conducting for such persons, through the Commission’s own facilities, research and development or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2053
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Federal law — U.S. Code and appendices · legal_authorities
The Congress hereby finds that—
**(a)** The Nation is suffering from a shortage of environmentally acceptable forms of energy.
**(b)** Compounding this energy shortage is our past and present failure to formulate a comprehensive and aggressive research and development program designed to make available to American consumers our large domestic energy reserves including fossil fuels, nuclear fuels, geothermal resources, solar energy, and other forms of energy. This failure is partially because the unconventional energy technologies have not been judged to be economically competitive with traditional energy technologies.
**(c)** The urgency of the Nation’s energy challenge will require commitments similar to those undertaken in the Manhattan and Apollo projects; it will require that the Nation undertake a research, development, and demonstration program in nonnuclear energy technologies with a total Federal investment which may reach or exceed $20,000,000,000 over the next decade.
**(d)** In undertaking such program, full advantage must be taken of the existing technical and managerial expertise in the various energy fields within Federal agencies and particularly in the private sector.
**(e)** The Nation’s future energy needs can be met if a national commitment is made now to dedicate the necessary financial resources, to enlist our scientific and technological capabilities, and to accord the proper priority to developing new nonnuclear energy options to serve national needs, conserve vital resources, and protect the environment.
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Federal law — U.S. Code and appendices · legal_authorities
Page 5360
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2011
Sec.
2297f–2.
Regulation of Restricted Data.
SUBCHAPTER VII—DECONTAMINATION AND
DECOMMISSIONING
2297g.
Uranium Enrichment Decontamination
and Decommissioning Fund.
2297g–1.
Deposits.
2297g–2.
Department facilities.
2297g–3.
Employee provisions.
2297g–4.
Reports to Congress.
SUBCHAPTER VIII—UNITED STATES ENRICHMENT
CORPORATION PRIVATIZATION
2297h.
Definitions.
2297h–1.
Sale of Corporation.
2297h–2.
Method of sale.
2297h–3.
Establishment of private corporation.
2297h–4.
Transfers to private corporation.
2297h–5.
Leasing of gaseous diffusion facilities.
2297h–6.
Transfer of contracts.
2297h–7.
Liabilities.
2297h–8.
Employee protections.
2297h–9.
Ownership limitations.
2297h–10.
Uranium transfers and sales.
2297h–10a.
Incentives for additional downblending
of highly enriched uranium by the Rus-
sian Federation.
2297h–10b.
Secretarial
determinations;
congres-
sional notification.
2297h–11.
Low-level waste.
2297h–12.
AVLIS.
2297h–13.
Application of certain laws.
Editorial Notes
CODIFICATION
The Atomic Energy Act of 1954, which is classified
principally to this chapter, is act Aug. 1, 1946, ch. 724.
It was originally enacted as the Atomic Energy Act of
1946, act Aug. 1, 1946, ch. 724, 60 Stat. 755, which con-
sisted of sections 1 to 21 and was classified generally to
chapter 14 (§ 1801 et seq.) of this title. The Atomic En-
ergy Act of 1946 was renamed the Atomic Energy Act of
1954 and amended generally by act Aug. 30, 1954, ch.
1073, § 1, 68 Stat. 919, and was subsequently transferred
to this chapter. Sections that were enacted as part of
the 1954 general amendment are shown herein as having
been added to act Aug. 1, 1946, and not as amending it,
due to the
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2011
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Federal law — U.S. Code and appendices · legal_authorities
Page 5397
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2053
the Commission determines to be critical to
the regulatory mission of the Commission.
(c) Purchase of supplies without advertising
The Commission may (1) make arrangements
pursuant to this section, without regard to the
provisions of section 6101 of title 41, upon certifi-
cation by the Commission that such action is
necessary in the interest of the common defense
and security, or upon a showing by the Commis-
sion that advertising is not reasonably prac-
ticable; (2) make partial and advance payments
under such arrangements; and (3) make avail-
able for use in connection therewith such of its
equipment and facilities as it may deem desir-
able.
(d) Prevention of dissemination of information
prohibited; other conditions of agreements
The arrangements made pursuant to this sec-
tion shall contain such provisions (1) to protect
health, (2) to minimize danger to life or prop-
erty, and (3) to require the reporting and to per-
mit the inspection of work performed there-
under, as the Commission may determine. No
such arrangement shall contain any provisions
or conditions which prevent the dissemination
of scientific or technical information, except to
the extent such dissemination is prohibited by
law.
(Aug. 1, 1946, ch. 724, title I, § 31, as added Aug.
30, 1954, ch. 1073, § 1, 68 Stat. 927; amended Aug.
6, 1956, ch. 1015, §§ 2, 3, 70 Stat. 1069; Pub. L.
91–560, § 1, Dec. 19, 1970, 84 Stat. 1472; Pub. L.
92–84, title II, § 201(a), Aug. 11, 1971, 85 Stat. 307;
renumbered title I, Pub. L. 102–486, title IX,
§ 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L.
109–58, title VI, § 651(c)(1), Aug. 8, 2005, 119 Stat.
801.)
Editorial Notes
CODIFICATION
In subsec. (c)(1), ‘‘section 6101 of title 41
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2053
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Federal law — U.S. Code and appendices · legal_authorities
Page 6592
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5801
Sec.
5848.
Abnormal occurrence reports.
5849.
Other officers.
5850.
Unresolved safety issues plan.
5851.
Employee protection.
5852.
Availability of funds.
5853.
Limitation on legal fee reimbursement.
5854.
Notification and reports by Chairman.
SUBCHAPTER III—MISCELLANEOUS AND
TRANSITIONAL PROVISIONS
5871.
Transitional provisions.
5872.
Transfer of personnel.
5873.
Director of Office of Management and Budget;
power to make dispositions.
5874.
Definitions.
5875.
Authorization of appropriations.
5876.
Comptroller General audit.
5877.
Reports to President for submission to Con-
gress.
5878.
Information to Congressional committees.
5878a.
Funding and encouragement of small busi-
ness; information for inclusion in report.
5879.
Transfer of funds.
SUBCHAPTER IV—SEX DISCRIMINATION
5891.
Sex discrimination prohibited.
§ 5801. Congressional declaration of policy and
purpose
(a)
Development
and
utilization
of
energy
sources
The Congress hereby declares that the general
welfare and the common defense and security re-
quire effective action to develop, and increase
the efficiency and reliability of use of, all en-
ergy sources to meet the needs of present and
future generations, to increase the productivity
of the national economy and strengthen its posi-
tion in regard to international trade, to make
the Nation self-sufficient in energy, to advance
the goals of restoring, protecting, and enhancing
environmental quality, and to assure public
health and safety.
(b) Necessity of establishing Energy Research
and Development Administration
The Congress finds that, to best achieve these
objectives, improve Government operations, and
assure the coordinated and effective d
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 5801
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Federal law — U.S. Code and appendices · legal_authorities
Page 6624
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 5879
Editorial Notes
REFERENCES IN TEXT
Section 204(b) of the Department of Energy Act 1978—
Civilian Applications (42 U.S.C. 7256, note; 92 Stat. 60),
referred to in text, is section 204(b) of Pub. L. 95–238,
title II, Feb. 25, 1978, 92 Stat. 59, which is set out as a
note under section 7256 of this title.
CODIFICATION
Section was not enacted as a part of the Energy Reor-
ganization Act of 1974 which comprises this chapter.
AMENDMENTS
1980—Pub. L. 96–470 substituted ‘‘include, in the re-
port required by section 204(b) of the Department of En-
ergy Act of 1978—Civilian Applications, information’’
for ‘‘by June 30, 1976, and by the end of each fiscal year
thereafter, submit a report to the Committee on
Science and Technology of the House of Representa-
tives and the Committee on Interior and Insular Affairs
of the Senate’’ and ‘‘Secretary of Energy’’ for ‘‘Admin-
istrator’’ wherever appearing.
§ 5879. Transfer of funds
The Administrator, when authorized in an ap-
propriation Act, may, in any fiscal year, trans-
fer funds from one appropriation to another
within the Administration; except, that no ap-
propriation shall be either increased or de-
creased pursuant to this section by more than 5
per centum of the appropriation for such fiscal
year.
(Pub. L. 93–438, title III, § 309, Oct. 11, 1974, 88
Stat. 1252.)
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
Energy Research and Development Administration
terminated and functions vested by law in Adminis-
trator thereof transferred to Secretary of Energy (un-
less otherwise specifically provided) by sections 7151(a)
and 7293 of this title.
SUBCHAPTER IV—SEX DISCRIMINATION
§ 5891. Sex discrimination prohibited
No person shall on the
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Federal law — U.S. Code and appendices · legal_authorities
Page 7093
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7261a
search and other activities are carried out under
subsection (a) a charge for such research and ac-
tivities in carrying out such research and activi-
ties, which shall include—
(A) the direct cost incurred in carrying out
such research and activities; and
(B) the overhead cost, including site-wide in-
direct costs, associated with such research and
activities.
(2)(A) Subject to subparagraph (B), the Sec-
retary shall also impose on the department,
agency, or person or entity concerned a Federal
administrative charge (which includes any de-
preciation and imputed interest charges) in an
amount not to exceed 3 percent of the full cost
incurred in carrying out the research and activi-
ties 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 edu-
cation, 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 En-
ergy Act of 1954 (42 U.S.C. 2053) that were made
before such date, unless the Secretary deter-
mines 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-op-
erated 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 sec-
tion.
(2) The Secretary shall carry out the pilot pro-
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7260
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