42 U.S.C. § 7260 — Field offices

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- gram at contractor-operated facilities selected by the Secretary in consultation with the con- tractors 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 re- search 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 Sec- retary shall submit to Congress an interim re- port 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 establish- ment of multiple rates of overhead charges for various categories of persons and entities seek- ing 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, § 3137, Oct. 17, 1998, 112 Stat. 2248.) 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 sec- tion 5801 of this title and Tables. The Federal Nonnuclear Energy Research and Devel- opment Act of 1974, referred to in subsec. (a)(2)(C), is Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is clas- sified 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 Orga- nization Act which comprises this chapter. § 7260. Field offices The Secretary is authorized to establish, alter, consolidate or discontinue and to maintain such State, regional, district, local or other field of- fices as he may deem to be necessary to carry out functions vested in him. (Pub. L. 95–91, title VI, § 650, Aug. 4, 1977, 91 Stat. 601.) § 7261. Acquisition of copyrights, patents, etc. The Secretary is authorized to acquire any of the following described rights if the property ac- quired thereby is for use by or for, or useful to, the Department: (1) copyrights, patents, and applications for patents, designs, processes, and manufacturing data; (2) licenses under copyrights, patents, and applications for patents; and (3) releases, before suit is brought, for past infringement of patents or copyrights. (Pub. L. 95–91, title VI, § 651, Aug. 4, 1977, 91 Stat. 601.) § 7261a. Protection of sensitive technical infor- mation (a) Property rights in inventions and discoveries; timely determination; reports to Congres- sional committees (1) Whenever any contractor makes an inven- tion or discovery to which the title vests in the Department of Energy pursuant to exercise of section 202(a)(ii) or (iv) of title 35, or pursuant to section 2182 of this title or section 5908 of this