42 U.S.C. § 7259a — Activities of Department of Energy facili-

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reimbursement proceeds Proceeds from reimbursements under this sec- tion shall be deposited in the Treasury and may be withdrawn by the Secretary to pay directly the cost of such work or services, to repay or make advances to appropriations of funds which will initially bear all or a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- 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