42 U.S.C. § 7257d — Expanded research by Secretary of En-

Page 7091 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7257d ‘‘(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 Representa- tives a report on the pilot program. The report shall in- clude the assessment of the Secretary as to the feasi- bility and desirability of using PMO services for con- struction projects of the Department.’’ LABORATORY FUNDING PLAN Pub. L. 106–60, title III, § 310, Sept. 29, 1999, 113 Stat. 496, which provided that no funds in an Energy and Water Development Appropriations Act were to be ex- pended after December 31 of each year under certain contracts unless the funds were expended pursuant to a Laboratory Funding Plan approved by the Secretary of Energy, and which also provided for directives, ap- proval, and exceptions by the Secretary, was repealed by Pub. L. 108–7, div. D, title III, § 310, Feb. 20, 2003, 117 Stat. 155. TERMINATION OR CHANGES IN ACTIVITIES OF GOVERN- MENT-OWNED AND CONTRACTOR-OPERATED FACILITIES, NATIONAL LABORATORIES, ETC.; REPORTS BY SEC- RETARY OF ENERGY CONCERNING PROPOSALS PRIOR TO IMPLEMENTATION; CONTENTS; SUBMISSION DATE Pub. L. 95–238, title I, § 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 re- ports: ‘‘(i) any proposal by the Secretary of the Depart- ment of Energy to terminate or make major changes in activities of the Government-owned and con- tractor-operated facilities, the national laboratories, energy research centers and the operations offices managing such laboratories, shall not be imple- mented until the Secretary transmits the proposal, together with all pertinent data, to the Committee on Science and Technology [now Committee on Science, Space, and Technology] of the House of Rep- resentatives and the Committee on Energy and Nat- ural 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 [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on En- ergy and Natural Resources of the Senate.’’ §§ 7257a to 7257c. Transferred Editorial Notes CODIFICATION Section 7257a, Pub. L. 101–510, div. C, title XXXI, § 3132, Nov. 5, 1990, 104 Stat. 1832, which related to lab- oratory-directed research and development programs, was renumbered section 4811 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(6)(A)–(C), Nov. 24, 2003, 117 Stat. 1784, and is classified to section 2791 of Title 50, War and National Defense. Section 7257b, Pub. L. 104–201, div. C, title XXXI, § 3136(b), Sept. 23, 1996, 110 Stat. 2831; Pub. L. 107–314, div. D, title XLVIII, § 4812(c), formerly Pub. L. 105–85, div. C, title XXXI, § 3137(c), Nov. 18, 1997, 111 Stat. 2039, renumbered Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(A)(i)–(iii), Nov. 24, 2003, 117 Stat. 1784, which related to annual reports by the Secretary of Energy with respect to expenditures of the Department of En- ergy Laboratory Directed Research and Development Program, was renumbered section 4812A(b) of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(B)(i)–(iii), Nov. 24, 2003, 117 Stat. 1784, 1785, and is classified to section 2793 of Title 50, War and National Defense. Section 7257c, Pub. L. 105–85, div. C, title XXXI, § 3137, Nov. 18, 1997, 111 Stat. 2038, which related to limitations on the use of funds for laboratory directed research and development purposes, was renumbered section 4812 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(7)(A)(i)–(iii), Nov. 24, 2003, 117 Stat. 1784, and is classified to section 2792 of Title 50, War and National Defense. § 7257d. Expanded research by Secretary of En- ergy (a) Detection and identification research (1) In general In conjunction with the working group under section 247d–6(a) of this title, the Sec- retary of Energy and the Administrator of the National Nuclear Security Administration shall expand, enhance, and intensify research relevant to the rapid detection and identifica- tion of pathogens likely to be used in a bioter- rorism attack or other agents that may cause a public health emergency. (2) Authorized activities Activities carried out under paragraph (1) may include— (A) the improvement of methods for de- tecting biological agents or toxins of poten- tial use in a biological attack and the test- ing of such methods under variable condi- tions; (B) the improvement or pursuit of methods for testing, verifying, and calibrating new detection and surveillance tools and tech- niques; and (C) carrying out other research activities in relevant areas. (3) Report Not later than 180 days after June 12, 2002, the Administrator of the National Nuclear Se- curity Administration shall submit to the Committee on Energy and Natural Resources and the Committee on Armed Services of the Senate, and the Committee on Energy and Commerce and the Committee on Armed Serv- ices of the House of Representatives, a report setting forth the programs and projects that will be funded prior to the obligation of funds appropriated under subsection (b). (b) Authorization For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary in each of fiscal years 2002 through 2006. (Pub. L. 107–188, title I, § 152, June 12, 2002, 116 Stat. 630.) Editorial Notes CODIFICATION Section was enacted as part of the Public Health Se- curity and Bioterrorism Preparedness and Response Page 7092 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7258 Act of 2002, and not as part of the Department of En- ergy Organization Act which comprises this chapter. § 7258. Facilities construction (a) Employees and dependents stationed at re- mote locations As necessary and when not otherwise avail- able, the Secretary is authorized to provide for, construct, or maintain the following for employ- ees and their dependents stationed at remote lo- cations: (1) Emergency medical services and supplies; (2) Food and other subsistence supplies; (3) Messing facilities; (4) Audio-visual equipment, accessories, and supplies for recreation and training; (5) Reimbursement for food, clothing, medi- cine, and other supplies furnished by such em- ployees in emergencies for the temporary re- lief of distressed persons; (6) Living and working quarters and facili- ties; and (7) Transportation of schoolage dependents of employees to the nearest appropriate edu- cational facilities. (b) Medical treatment at reasonable prices The furnishing of medical treatment under paragraph (1) of subsection (a) and the fur- nishing of services and supplies under para- graphs (2) and (3) of subsection (a) shall be at prices reflecting reasonable value as determined by the Secretary. (c) Use of reimbursement proceeds Proceeds from reimbursements under this sec- tion shall be deposited in the Treasury and may be withdrawn by the Secretary to pay directly the cost of such work or services, to repay or make advances to appropriations of funds which will initially bear all or a part of such cost, or to refund excess sums when necessary. Such payments may be credited to a working capital fund otherwise established by law, including the fund established pursuant to section 7263 of this title, and used under the law governing such fund, if the fund is available for use by the De- partment for performing the work or services for which payment is received. (Pub. L. 95–91, title VI, § 648, Aug. 4, 1977, 91 Stat. 600.) § 7259. Use of facilities (a) Facilities of United States and foreign gov- ernments With their consent, the Secretary and the Fed- eral Energy Regulatory Commission may, with or without reimbursement, use the research, equipment, and facilities of any agency or in- strumentality of the United States or of any State, the District of Columbia, the Common- wealth of Puerto Rico, or any territory or pos- session of the United States, or of any political subdivision thereof, or of any foreign govern- ment, in carrying out any function now or here- after vested in the Secretary or the Commission. (b) Facilities under custody of Secretary In carrying out his functions, the Secretary, under such terms, at such rates, and for such pe- riods not exceeding five years, as he may deem to be in the public interest, is authorized to per- mit the use by public and private agencies, cor- porations, associations, or other organizations or by individuals of any real property, or any fa- cility, structure, or other improvement thereon, under the custody of the Secretary for Depart- ment purposes. The Secretary may require per- mittees under this section to recondition and maintain, at their own expense, the real prop- erty, facilities, structures, and improvements involved to a satisfactory standard. This section shall not apply to excess property as defined in section 102(3) of title 40. (c) Use of reimbursement proceeds Proceeds from reimbursements under this sec- tion shall be deposited in the Treasury and may be withdrawn by the Secretary or the head of the agency or instrumentality of the United States involved, as the case may be, to pay di- rectly the costs of the equipment, or facilities provided, to repay or make advances to appro- priations or funds which do or will initially bear all or a part of such costs, or to refund excess sums when necessary, except that such proceeds may be credited to a working capital fund other- wise established by law, including the fund es- tablished pursuant to section 7263 of this title, and used under the law governing such fund, if the fund is available for use for providing the equipment or facilities involved. (Pub. L. 95–91, title VI, § 649, Aug. 4, 1977, 91 Stat. 600.) Editorial Notes CODIFICATION In subsec. (b), ‘‘section 102(3) of title 40’’ substituted for ‘‘section 3(e) of the Federal Property and Adminis- trative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first sec- tion of which enacted Title 40, Public Buildings, Prop- erty, and Works. § 7259a. Activities of Department of Energy facili- ties (a) Research and activities on behalf of non-de- partment persons and entities (1) The Secretary of Energy may conduct re- search and other activities referred to in para- graph (2) at facilities of the Department of En- ergy on behalf of other departments and agen- cies of the Government, agencies of State and local governments, and private persons and enti- ties. (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 Re- search and Development Act of 1974 (42 U.S.C. 5901 et seq.). (b) Charges (1) The Secretary shall impose on the depart- ment, agency, or person or entity for which re-