§ 7256. Contracts, leases, etc., with public agencies and private organizations and persons

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Department of Energy Organization Act

   Pub. L. 95–91 title VI § 646 · 91 Stat. 565

   Enacted · 42 U.S.C. § 7256

   Pub. L. 95–91, title VI, § 646, Aug. 4, 1977, 91 Stat. 599

   Source evidence

   Code source credit
   Pub. L. 95–91, title VI, § 646, Aug. 4, 1977, 91 Stat. 599

   Enacted provision · exact public law section
   Sec. 646. contracts (a) The Secretary is authorized to enter into and perform 42 USC 7256. such contracts, leases, cooperative agreements, or other similar transactions with public agencies and private organizations and persons, and to make such payments (in lump sum or installments, and by way of advance or reimbursement) as he may deem to be necessary or appropriate to carry out functions now or hereafter vested in the Secretary. (b) Notwithstanding any other provision of this title, no authority to enter into contracts or to make payments under this title shall be effective except to such extent or in such amounts as are provided in advance in appropriation Acts.

2. 1993

   Pub. L. 103–160 div. C title XXXI § 3154 · 107 Stat. 1547

   Added · 42 U.S.C. § 7256(c)(f)

   Pub. L. 103–160 added subsecs. (c) to (f)

   Source evidence

   Code amendment note
   Subsecs. (c) to (f). Pub. L. 103–160 added subsecs. (c) to (f).

   Enacted provision · exact public law section
   SEC. 3154. LEASE OF PROPERTY AT DEPARTMENT OF ENERGY WEAPON PRODUCTION FACILITIES. Section 646 of the Department of Energy Organization Act (42 U.S.C. 7256) is amended by adding at the end the following new subsections: “(c) The Secretary may lease, upon terms and conditions the Secretary considers appropriate to promote national security or the public interest, acquired real property and related personal property that— “(1) is located at a facility of the Department of Energy to be closed or reconfigured; “(2) at the time the lease is entered into, is not needed by the Department of Energy; and “(3) is under the control of the Department of Energy. “(d) (1) A lease entered into under subsection (c) may not be for a term of more than 10 years, except that the Secretary may enter into a lease that includes an option to renew for a term of more than 10 years if the Secretary determines that entering into such a lease will promote the national security or be in the public interest. “(2) A lease entered into under subsection (c) may provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is less than the fair market rental value of the leasehold interest. Services relating to the protection and maintenance of the leased property may constitute all or part of such consideration. “(e) (1) Before entering into a lease under subsection (c), the Secretary shall consult with the Administrator of the Environmental Protection Agency (with respect to property located on a site on the National Priorities List) or the appropriate State official (with respect to property located on a site that is not listed on the National Priorities List) to determine whether the environmental conditions of the property are such that leasing the property, and the terms and conditions of the lease agreement, are consistent with safety and the protection of public health and the environment. “(2) Before entering into a lease under subsection (c), the Secretary shall obtain the concurrence of the Administrator of the Environmental Protection Agency or the appropriate State official, as the case may be, in the determination required under paragraph (1). The Secretary may enter into a lease under subsection (c) without obtaining such concurrence if, within 60 days after the Secretary requests the concurrence, the Administrator or appropriate State official, as the case may be, fails to submit to the Secretary a notice of such individual’s concurrence with, or rejection of, the determination. “(f) To the extent provided in advance in appropriations Acts, the Secretary may retain and use money rentals received by the Secretary directly from a lease entered into under subsection (c) in any amount the Secretary considers necessary to cover the administrative expenses of the lease, the maintenance and repair of the leased property, or environmental restoration activities at the facility where the leased property is located. Amounts retained under this subsection shall be retained in a separate fund established in the Treasury for such purpose. The Secretary shall Reports. annually submit to the Congress a report on amounts retained and amounts used under this subsection.”.

3. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title X § 1007 · 119 Stat. 594

   Added · 42 U.S.C. § 7256(g)

   Pub. L. 109–58 added subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 109–58 added subsec. (g).

   Enacted provision · exact public law section
   SEC. 1007. OTHER TRANSACTIONS AUTHORITY.   Section 646 of the Department of Energy Organization Act (42 U.S.C. 7256) is amended by adding at the end the following: “(g) (1) In addition to authority granted to the Secretary under any other provision of law, the Secretary may exercise the same authority to enter into transactions (other than contracts, cooperative agreements, and grants), subject to the same terms and conditions as the Secretary of Defense under section 2371 of title 10, United States Code (other than subsections (b) and (f) of that section). “(2) In applying section 2371 of title 10, United States Code, to the Secretary under paragraph (1)— “(A) the term ‘basic’ shall be replaced by the term ‘research’; “(B) the term ‘applied’ shall be replaced by the term ‘development’; and “(C) the terms ‘advanced research projects’ and ‘advanced research’ shall be replaced by the term ‘demonstration projects’. “(3) The authority of the Secretary under paragraph (1) shall not be subject to— “(A) section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908); or “(B) section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182). “(4) (A) The Secretary shall use such competitive, merit-based selection procedures in entering into transactions under paragraph (1), as the Secretary determines in writing to be practicable. “(B) A transaction under paragraph (1) shall relate to a research, development, or demonstration project only if the Secretary determines in writing that the use of a standard contract, grant, or cooperative agreement for the project is not feasible or appropriate. “(5) The Secretary may protect from disclosure, for up to 5 years after the date on which the information is developed, any information developed pursuant to a transaction under paragraph (1) that would be protected from disclosure under section 552(b)(4) of title 5, United States Code, if obtained from a person other than a Federal agency. “(6) (A) Not Deadline. Guidelines. later than 90 days after the date of enactment of this subsection, the Secretary shall issue guidelines for transactions under paragraph (1). “(B) The Federal Register, publication. guidelines shall be published in the Federal Register for public comment in accordance with rulemaking procedures of the Department. “(C) The Secretary shall not have authority to carry out transactions under paragraph (1) until the guidelines for transactions required under subparagraph (A) are final. “(7) The Reports. annual report of the head of an executive agency under section 2371(h) of title 10, United States Code, shall be submitted to Congress. “(8) (A) In this paragraph, the term ‘nontraditional Government contractor’ has the meaning given the term ‘nontraditional defense contractor’ in section 845(f) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note). “(B) Not Deadline. Reports. later than 1 year after the date on which the final guidelines are published under paragraph (6), the Comptroller General of the United States shall submit to Congress a report describing— “(i) the use by the Department of authorities under this section, including the ability to attract nontraditional Government contractors; and “(ii) whether additional safeguards are necessary to carry out the authorities. “(9) The authority of the Secretary under this subsection may be delegated only to an officer of the Department who is appointed by the President by and with the advice and consent of the Senate. “(10) Notwithstanding Termination date. any other provision of law, the authority to enter into transactions under paragraph (1) shall terminate on September 30, 2010.” .

4. 2011

   Ike Skelton National Defense Authorization Act for Fiscal Year 2011

   Pub. L. 111–383 div. C title XXXI § 3118 · 124 Stat. 4137

   Substituted · 42 U.S.C. § 7256(g)(10)

   Pub. L. 111–383 substituted “September 30, 2015” for “September 30, 2010”

   Source evidence

   Code amendment note
   Subsec. (g)(10). Pub. L. 111–383 substituted “September 30, 2015” for “September 30, 2010”.

   Enacted provision · exact public law section
   SEC. 3118. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO ENTER INTO TRANSACTIONS TO CARRY OUT CERTAIN RESEARCH PROJECTS.   Section 646(g)(10) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking “September 30, 2010” and inserting “September 30, 2015”.

5. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. C title XXXI § 3119 · 127 Stat. 672

   Substituted · 42 U.S.C. § 7256(g)(10)

   Pub. L. 113–66 substituted “September 30, 2020” for “September 30, 2015”

   Source evidence

   Code amendment note
   Subsec. (g)(10). Pub. L. 113–66 substituted “September 30, 2020” for “September 30, 2015”.

   Enacted provision · exact public law section
   SEC. 3119. EXTENSION OF AUTHORITY OF SECRETARY OF ENERGY TO ENTER INTO TRANSACTIONS TO CARRY OUT CERTAIN RESEARCH PROJECTS.   Section 646(g)(10) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(10)) is amended by striking “September 30, 2015” and inserting “September 30, 2020”.

6. 2020

   Department of Defense Appropriations Act, 2021

   Pub. L. 116–260 div. Z title IX § 9006(a) · 134 Stat. 1182

   Substituted · 42 U.S.C. § 7256(g)(10)

   Pub. L. 116–260 substituted “September 30, 2030” for “September 30, 2020”

   Source evidence

   Code amendment note
   Subsec. (g)(10). Pub. L. 116–260 substituted “September 30, 2030” for “September 30, 2020”.

   Enacted provision · exact public law section
   Sec. 9006. Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with the armed forces of the United States and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and Syria: Reports. Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

7. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 div. D title III § 40322(c) · 135 Stat. 429

   1. Inserted · 42 U.S.C. § 7256(g)(5)

      Pub. L. 117–58 inserted par. heading

   2. Amended · 42 U.S.C. § 7256(g)(5)

      Pub. L. 117–58 designated existing provisions as subpar. (A)

   3. Inserted · 42 U.S.C. § 7256(g)(5)

      Pub. L. 117–58 inserted subpar. (A) heading

   4. Struck · 42 U.S.C. § 7256(g)(5)

      Pub. L. 117–58 struck out “, for up to 5 years after the date on which the information is developed,” before “any information”

   5. Substituted · 42 U.S.C. § 7256(g)(5)

      Pub. L. 117–58 substituted “agency—” and cls. (i) and (ii) for “agency.”

   6. Added · 42 U.S.C. § 7256(g)(5)

      Pub. L. 117–58 added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (g)(5). Pub. L. 117–58 inserted par. heading, designated existing provisions as subpar. (A), inserted subpar. (A) heading, struck out “, for up to 5 years after the date on which the information is developed,” before “any information”, substituted “agency—” and cls. (i) and (ii) for “agency.”, and added subpar. (B).

   Enacted provision · exact public law section
   (c) Department of Energy Contracts.— Section 646(g)(5) of the Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is amended— (1) by striking “(5) The Secretary” and inserting the following: “(5) Protection from disclosure.— “(A) In general.— The Secretary” ; and (2) in subparagraph (A) (as so designated)— (A) by striking “, for up to 5 years after the date on which the information is developed,”; and (B) by striking “agency.” and inserting the following: “agency— “(i) for up to 5 years after the date on which the information is developed; or “(ii) for up to 30 years after the date on which the information is developed, if the Secretary determines that the nature of the technology under the transaction, including nuclear technology, could reasonably require an extended period of protection from disclosure to reach commercialization. “(B) Extension during term.— The Secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph (A) in accordance with that subparagraph.” .

12 of 12 references resolved to an enrolled provision