112 STAT. 2248 PUBLIC LAW 105-261—OCT. 17, 1998 SEC. 3135. CONTINUATION OF PROCESSING, TREATMENT, AND DIS- POSITION OF LEGACY NUCLEAR MATERIALS. The Secretary of Energy shall continue operations and maintain a high state of readiness at the F-canyon and H-canyon facilities at the Savannah River Site, Aiken, South Carolina, and shall provide technical staff necessary to operate and so maintain such facilities. SEC. 3136. AUTHORITY FOR DEPARTMENT OF ENERGY FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-BASED TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS. (a) AUTHORITY.— Section 217(f)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2695) is amended— (1) by inserting "(A)" after "(1)"; (2) by inserting "or of the Department of Energy" after "the Department of Defense"; and (3) by adding at the end the following new subparagraph: "(B) A federally funded research and development center of the Department of Energy described in subparagraph (A) may respond to solicitations and announcements described in that subparagraph only for activities conducted by the center under contract with or on behalf of the Department of Defense.". (b) CONFORMING AMENDMENT.— Section 217(f)(2) of such Act is amended by inserting "(A)" after "(1)". 42 USC 7259a. SEC. 3137. ACTIVITIES OF DEPARTMENT OF ENERGY FACILITIES. (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 et seq.). (B) The Energy Reorganization Act of 1974 (42 U.S.C. 5811 et seq.). (C) The Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 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
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