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42 U.S.C. § 7256c — Transferred

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7256c — Transferred

### Statutory Notes #### Codification Section 7256a, Pub. L. 99–145, title XV, § 1534, Nov. 8, 1985, 99 Stat. 774; Pub. L. 100–180, div. C, title I, § 3131(a), Dec. 4, 1987, 101 Stat. 1238, which related to costs not allowed under covered contracts, was renumbered section 4801 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1783, and was formerly classified to [section 2781 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2781&num=0&edition=prelim), War and National Defense. See [section 6321 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6321&num=0&edition=prelim), Armed Forces. Section 7256b, Pub. L. 101–189, div. C, title XXXI, § 3151, Nov. 29, 1989, 103 Stat. 1682, which related to the prohibition of bonuses to contractors operating defense nuclear facilities, was renumbered section 4802 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(k)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1783, and was formerly classified to [section 2782 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2782&num=0&edition=prelim), War and National Defense. See [section 6322 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6322&num=0&edition=prelim), Armed Forces.

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Source location: Title 42, Chapter 84, § 7256c; chapter-084-department-of-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6321 — Costs not allowed under covered contracts

**(a) In General.—** The following costs are not allowable under a covered contract: (1) Costs of entertainment, including amusement, diversion, and social activities and any costs directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities). (2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress or a State legislature. (3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the United States where the contractor is found liable or has pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of false certification). (4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance such payments in accordance with applicable regulations of the Secretary of Energy. (5) Costs of membership in any social, dining, or country club or organization. (6) Costs of alcoholic beverages. (7) Contributions or donations, regardless of the recipient. (8) Costs of advertising designed to promote the contractor or its products. (9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs. (10) Costs for travel by commercial aircraft or by travel by other than common carrier that is not necessary for the performance of the contract and the cost of which exceeds the amount of the standard commercial fare. **(b) Regulations; Costs of Inform

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6322 — Prohibition and report 11 So in original. Requirement to submit report was repealed by Pub. L. 112–239 without corresponding amendment to section catchline. on bonuses to contractors operating defense nuclear facilities

**(a) Prohibition.—** The Secretary of Energy may not provide any bonuses, award fees, or other form of performance- or production-based awards to a contractor operating a Department of Energy defense nuclear facility unless, in evaluating the performance or production under the contract, the Secretary considers the contractor’s compliance with all applicable environmental, safety, and health statutes, regulations, and practices for determining both the size of, and the contractor’s qualification for, such bonus, award fee, or other award. The prohibition in this subsection applies with respect to contracts entered into, or contract options exercised, after November 29, 1989. **(b) Regulations.—** The Secretary of Energy shall promulgate regulations to implement subsection (a) not later than March 1, 1990.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16281 — Advanced reactor demonstration program

**(a) Demonstration project defined** For the purposes of this section, the term “demonstration project” means an advanced nuclear reactor operated in any manner, including as part of the power generation facilities of an electric utility system, for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor. **(b) Establishment** The Secretary shall establish a program to advance the research, development, demonstration, and commercial application of domestic advanced, affordable, nuclear energy technologies by— (1) demonstrating a variety of advanced nuclear reactor technologies, including those that could be used to produce— (A) safer, emissions-free power at a competitive cost of electricity compared to other new energy generation technologies on December 27, 2020; (B) heat for community heating, industrial purposes, heat storage, or synthetic fuel production; (C) remote or off-grid energy supply; or (D) backup or mission-critical power supplies; (2) identifying research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and (3) facilitating the access of the private sector— (A) to Federal research facilities and personnel; and (B) to the results of research relating to civil nuclear technology funded by the Federal Government. **(c) Demonstration projects** In carrying out demonstration projects under the program established in subsection (b), the Secretary shall— (1) include, as an evaluation criterion, diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various— (A) primary coolants; (B) fuel types and compositions; and (C) neutron spectra; (2) consider

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16392 — Technology transfer reports and evaluation

**(a) Annual report** As part of the updated technology transfer execution plan required each year under [section 16391(h)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16391/h/2&num=0&edition=prelim), the Secretary of Energy (in this section referred to as the “Secretary”) shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the progress and implementation of programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and under sections 10714, 10718, 10719, 10720, and 10723 of the Research and Development, Competition, and Innovation Act. **(b) Evaluation** Not later than 3 years after December 27, 2020, and every 3 years thereafter the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an evaluation on the extent to which programs established under sections 9001, 9002, 9003, 9004, and 9005 of this Act and sections 10713, 10714, 10715, and 10717 of the Research and Development, Competition, and Innovation Act are achieving success based on relevant short-term and long-term metrics.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 17195a — Enhanced geothermal systems research and development

**(a) In general** The Secretary shall support a program of research, development, demonstration, and commercial application for enhanced geothermal systems, including the programs described in subsection (b). **(b) Enhanced geothermal systems technologies** In collaboration with industry partners, institutions of higher education, and the national laboratories, the Secretary shall support a program of research, development, demonstration, and commercial application of the technologies to achieve higher efficiency and lower cost enhanced geothermal systems, including— (1) reservoir stimulation; (2) drilled, non-stimulated (e.g. closed-loop) reservoir technologies; (3) reservoir characterization, monitoring, and modeling and understanding of the surface area and volume of fractures; (4) stress and fracture mapping including real time monitoring and modeling; (5) tracer development; (6) three and four-dimensional seismic imaging and tomography; (7) well placement and orientation; (8) long-term reservoir management; (9) drilling technologies, methods, and tools; (10) improved exploration tools; (11) zonal isolation; and (12) understanding induced seismicity risks from reservoir engineering and stimulation. **(c) Frontier observatory for research in geothermal energy** (1) **In general** — The Secretary shall support the establishment and construction of up to 3 field research sites, which shall each be known as a “Frontier Observatory for Research in Geothermal Energy” or “FORGE” site to develop, test, and enhance techniques and tools for enhanced geothermal energy. (2) **Duties** — The Secretary shall— (A) provide financial assistance in support of research and development projects focused on advanced monitoring technologies, new technologies and approa

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7256c — Milestone-based demonstration projects

Page 7090 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7256c § 7256c. Milestone-based demonstration projects (a) In general Acting under section 7256(g) of this title, not- withstanding paragraph (10) of such section, the Secretary of Energy (in this section referred to as the ‘‘Secretary’’) may carry out demonstra- tion projects as a milestone-based demonstra- tion project that requires particular technical and financial milestones to be met before a par- ticipant is awarded grants by the Department through a competitive award process. (b) Requirements In carrying out milestone-based demonstra- tion projects under the authority in paragraph (1), the Secretary shall, for each relevant project— (1) request proposals from eligible entities, as determined by the Secretary, including— (A) a business plan, that may include a plan for scalable manufacturing and a plan for addressing supply chain gaps; (B) a plan for raising private sector invest- ment; and (C) proposed technical and financial mile- stones, including estimated project timelines and total costs; and (2) award funding of a predetermined amount to projects that successfully meet proposed milestones under paragraph (1)(C) or for ex- penses deemed reimbursable by the Secretary, in accordance with terms negotiated for an in- dividual award; (3) require cost sharing in accordance with section 16352 of this title; and (4) communicate regularly with selected eli- gible entities and, if the Secretary deems ap- propriate, exercise small amounts of flexi- bility for technical and financial milestones as projects mature. (c) Awards For the program established under subsection (a)— (1) an award recipient shall be responsible for all costs until milestones are achieved, or reimbursable expenses

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