42 USC § 16359 - Competitive award of management contracts

---
identifier: "/us/usc/t42/s16359"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 16359 - Competitive award of management contracts"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "16359"
section_name: "Competitive award of management contracts"
chapter_number: 149
chapter_name: "NATIONAL ENERGY POLICY AND PROGRAMS"
subchapter_number: "IX"
subchapter_name: "RESEARCH AND DEVELOPMENT"
part_number: "I"
part_name: "Research Administration and Operations"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–58, title IX, § 995, Aug. 8, 2005, 119 Stat. 914.)"
---


# § 16359. Competitive award of management contracts

section 15801(3) of this title

None of the funds authorized to be appropriated to the Secretary by this subchapter may be used to award a management and operating contract for a National Laboratory (excluding those named in subparagraphs (G), (H), (N), and (O) of ), unless such contract is competitively awarded, or the Secretary grants, on a case-by-case basis, a waiver. The Secretary may not delegate the authority to grant such a waiver and shall submit to Congress a report notifying it of the waiver, and setting forth the reasons for the waiver, at least 60 days prior to the date of the award of such contract.

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**Source Credit**: (Pub. L. 109–58, title IX, § 995, Aug. 8, 2005, 119 Stat. 914.)

## Editorial Notes

### References in Text

This subchapter, referred to in text, was in the original “this title”, meaning title IX of , , , which enacted this subchapter, amended sections 8101 and 8102 of Title 7, Agriculture, and , Commerce and Trade, enacted provisions set out as notes under , , and , Mineral Lands and Mining, and amended provisions set out as notes under  and . For complete classification of title IX to the Code, see Short Title note set out under  and Tables.