dreamproit/uscode huggingface dataset:
41 U.S.C. § 4505 (PUBLIC CONTRACTS)
§ 4505. Payments for commercial items
(a) Terms and Conditions for Payments.—
Payments under section 4501 of this title for commercial items may be made under terms and conditions that the head of the executive agency determines are appropriate or customary in the commercial marketplace and are in the best interests of the Federal Government.
(b) Security for Payments.—
The head of the executive agency shall obtain adequate security for the payments. If the security is in the form of a lien in favor of the Federal Government, the lien is paramount to all other liens and is effective immediately on the first payment, without filing, notice, or other action by the Federal Government.
(c) Limitation on Advance Payments.—
Advance payments made under section 4501 of this title for commercial items may include payments, in a total amount not more than 15 percent of the contract price, in advance of any performance of work under the contract.
(d) Nonapplication of Certain Conditions.—
The conditions of sections 4503 and 4504 of this title need not be applied if they would be inconsistent, as determined by the head of the executive agency, with commercial terms and conditions pursuant to this section.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3791; Pub. L. 115–232, div. A, title VIII, § 836(b)(18)(A), (B)(i), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4505
41:255(f).
June 30, 1949, ch. 288, title III, § 305(f), as added Pub. L. 103–355, title II, § 2051(e), Oct. 13, 1994, 108 Stat. 3304, as amended Pub. L. 104–106, title XLIII, § 4321(a)(4), Feb. 10, 1996, 110 Stat. 671.
heading: Amendment of Section
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(18)(A), (B)(i), (h), Aug. 13, 2018, 132 Stat. 1864, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, this section is amended by amending the section catchline to read “Payments for commercial products and commercial services” and, in subsections (a) and (c), by striking “commercial items” and inserting “commercial products or commercial services”. See 2018 Amendment notes below.
heading: Amendments
text: 2018—Pub. L. 115–232, § 836(b)(18)(B)(i), amended section catchline generally substituting “Payments for commercial products and commercial services” for “Payments for commercial items”.
Subsecs. (a), (c). Pub. L. 115–232, § 836(b)(18)(A), substituted “commercial products or commercial services” for “commercial items”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
41 U.S.C. § 8704 (PUBLIC CONTRACTS)
§ 8704. Inspection authority
(a) In General.—
To ascertain whether there has been a violation of section 8702 of this title with respect to a prime contract, the Comptroller General and the inspector general of the contracting agency, or a representative of the contracting agency designated by the head of the agency if the agency does not have an inspector general, shall have access to and may inspect the facilities and audit the books and records, including electronic data or records, of a prime contractor or subcontractor under a prime contract awarded by the agency.
(b) Exception.—
This section does not apply to a prime contract for the acquisition of commercial items (as defined in section 103 of this title).
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3839; Pub. L. 115–232, div. A, title VIII, § 836(b)(20), Aug. 13, 2018, 132 Stat. 1864.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
8704
41:58.
Mar. 8, 1946, ch. 80, § 8, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3525; Pub. L. 103–355, title VIII, § 8301(c)(2), Oct. 13, 1994, 108 Stat. 3397.
In subsection (a), the words “Comptroller General” are substituted for “General Accounting Office” because of 31:702.
heading: Amendment of Subsection (b)
text: Pub. L. 115–232, div. A, title VIII, § 836(b)(20), (h), Aug. 13, 2018, 132 Stat. 1864, 1874, provided that, effective Jan. 1, 2020, subject to a savings provision, subsection (b) of this section is amended by striking “commercial items (as defined in section 103 of this title)” and inserting “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)”. See 2018 Amendment note below.
heading: Amendments
text: 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title)” for “commercial items (as defined in section 103 of this title)”.
heading: Effective Date of 2018 Amendment
text: Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
42 U.S.C. § 2053 (THE PUBLIC HEALTH AND WELFARE)
§ 2053. Research for others; charges
In this section, with respect to international research projects, the term “private facilities or laboratories” means facilities or laboratories located in the United States. Where the Commission finds private facilities or laboratories are inadequate for the purpose, it is authorized to conduct for other persons, through its own facilities, such of those activities and studies of the types specified in section 2051 of this title as it deems appropriate to the development of energy. To the extent the Commission determines that private facilities or laboratories are inadequate for the purpose, and that the Commission’s facilities, or scientific or technical resources have the potential of lending significant assistance to other persons in the fields of protection of public health and safety, the Commission may also assist other persons in these fields by conducting for such persons, through the Commission’s own facilities, research and development or training activities and studies. The Commission is authorized to determine and make such charges as in its discretion may be desirable for the conduct of the activities and studies referred to in this section.
(Aug. 1, 1946, ch. 724, title I, § 33, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 928; amended Pub. L. 90–190, § 7, Dec. 14, 1967, 81 Stat. 577; Pub. L. 92–84, title II, § 201(b), Aug. 11, 1971, 85 Stat. 307; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 115–246, title III, § 307(f), Sept. 28, 2018, 132 Stat. 3149.)
heading: Amendments
text: 2018—Pub. L. 115–246 inserted “In this section, with respect to international research projects, the term ‘private facilities or laboratories’ means facilities or laboratories located in the United States.” before “Where the Commission”.
1971—Pub. L. 92–84 substituted provisions authorizing the Commission to conduct research for other persons for the development of energy, for provisions authorizing the Commission to conduct research for other persons for the development of atomic energy.
1967—Pub. L. 90–190 inserted provision which authorized the Commission, to the extent the Commission made certain determinations, to assist other persons on the fields of protection of public health and safety by conducting for such persons, through the facilities of the Commission, research and development or training activities and studies, and substituted “the activities and studies referred to in this section” for “such activities and studies”.
42 U.S.C. § 7139 (THE PUBLIC HEALTH AND WELFARE)
§ 7139. Office of Science; establishment; appointment of Director; compensation; duties
(a) Establishment
There shall be within the Department an Office of Science to be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate provided for level IV of the Executive Schedule under section 5315 of title 5.
(b) Duties and responsibilities of Director
It shall be the duty and responsibility of the Director—
(1) to advise the Secretary with respect to the physical research program transferred to the Department from the Energy Research and Development Administration;
(2) to monitor the Department’s energy research and development programs in order to advise the Secretary with respect to any undesirable duplication or gaps in such programs;
(3) to advise the Secretary with respect to the well-being and management of the multipurpose laboratories under the jurisdiction of the Department, excluding laboratories that constitute part of the nuclear weapons complex;
(4) to advise the Secretary with respect to education and training activities required for effective short- and long-term basic and applied research activities of the Department;
(5) to advise the Secretary with respect to grants and other forms of financial assistance required for effective short- and long-term basic and applied research activities of the Department; and
(6) to carry out such additional duties assigned to the Office by the Secretary.
(c) Mission
The mission of the Office of Science shall be the delivery of scientific discoveries, capabilities, and major scientific tools to transform the understanding of nature and to advance the energy, economic, and national security of the United States.
(Pub. L. 95–91, title II, § 209, Aug. 4, 1977, 91 Stat. 577; Pub. L. 105–245, title III, § 309(a), Oct. 7, 1998, 112 Stat. 1853; Pub. L. 109–58, title X, § 1006(c)(4), Aug. 8, 2005, 119 Stat. 932; Pub. L. 115–246, title III, § 302, Sept. 28, 2018, 132 Stat. 3140.)
heading: Amendments
text: 2018—Subsec. (c). Pub. L. 115–246 added subsec. (c).
2005—Subsec. (b)(6). Pub. L. 109–58 added par. (6) and struck out former par. (6) which read as follows: “to carry out such additional duties assigned to the Office by the Secretary relating to basic and applied research, including but not limited to supervision or support of research activities carried out by any of the Assistant Secretaries designated by section 7133 of this title, as the Secretary considers advantageous.”
1998—Pub. L. 105–245 substituted “Office of Science” for “Office of Energy Research” in section catchline and in subsec. (a).
42 U.S.C. § 16021 (THE PUBLIC HEALTH AND WELFARE)
§ 16021. Project establishment
(a) Establishment
The Secretary shall establish a project to be known as the “Next Generation Nuclear Plant Project” (referred to in this part as the “Project”).
(b) Content
The Project shall consist of the research, development, design, construction, and operation of a prototype plant, including a nuclear reactor that—
(1) is based on research and development activities supported by the Generation IV Nuclear Energy Systems Initiative under section 16272(c) of this title; and
(2) shall be used—
(A) to generate electricity;
(B) to produce hydrogen; or
(C) both to generate electricity and to produce hydrogen.
(Pub. L. 109–58, title VI, § 641, Aug. 8, 2005, 119 Stat. 794; Pub. L. 115–248, § 2(b)(2), Sept. 28, 2018, 132 Stat. 3155.)
heading: Amendments
text: 2018—Pub. L. 115–248 substituted “section 16272(c)” for “section 16272(d)”, which had been an editorial translation of a reference in original text to section 942(d) of Pub. L. 109–58.
42 U.S.C. § 16272 (THE PUBLIC HEALTH AND WELFARE)
§ 16272. Nuclear energy research programs
(a) Nuclear Energy Research Initiative
The Secretary shall carry out a Nuclear Energy Research Initiative for research and development related to nuclear energy.
(b) Nuclear Energy Systems Support Program
The Secretary shall carry out a Nuclear Energy Systems Support Program to support research and development activities addressing reliability, availability, productivity, component aging, safety, and security of existing nuclear power plants.
(c) Generation IV Nuclear Energy Systems Initiative
(1) In general
The Secretary shall carry out a Generation IV Nuclear Energy Systems Initiative to develop an overall technology plan for and to support research and development necessary to make an informed technical decision about the most promising candidates for eventual commercial application.
(2) Administration
In conducting the Initiative, the Secretary shall examine advanced proliferation-resistant and passively safe reactor designs, including designs that—
(A) are economically competitive with other electric power generation plants;
(B) have higher efficiency, lower cost, and improved safety compared to reactors in operation on August 8, 2005;
(C) use fuels that are proliferation resistant and have substantially reduced production of high-level waste per unit of output; and
(D) use improved instrumentation.
(d) Reactor production of hydrogen
The Secretary shall carry out research to examine designs for high-temperature reactors capable of producing large-scale quantities of hydrogen.
(Pub. L. 109–58, title IX, § 952, Aug. 8, 2005, 119 Stat. 885; Pub. L. 115–248, § 2(b)(1), Sept. 28, 2018, 132 Stat. 3155.)
heading: Amendments
text: 2018—Subsecs. (c) to (e). Pub. L. 115–248 redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c) which related to establishment and administration of a Nuclear Power 2010 Program.
42 U.S.C. § 16273 (THE PUBLIC HEALTH AND WELFARE)
§ 16273. Advanced fuel cycle initiative
(a) In general
The Secretary shall conduct an advanced fuel recycling technology research, development, and demonstration program (referred to in this section as the “program”) to evaluate proliferation-resistant fuel recycling and transmutation technologies that minimize environmental and public health and safety impacts as an alternative to aqueous reprocessing technologies deployed as of August 8, 2005, in support of evaluation of alternative national strategies for spent nuclear fuel and the Generation IV advanced reactor concepts.
(b) Annual review
The program shall be subject to annual review by the Nuclear Energy Research Advisory Committee of the Department or other independent entity, as appropriate.
(c) International cooperation
In carrying out the program, the Secretary is encouraged to seek opportunities to enhance the progress of the program through international cooperation.
(d) Reports
The Secretary shall submit, as part of the annual budget submission of the Department, a report on the activities of the program.
(Pub. L. 109–58, title IX, § 953, Aug. 8, 2005, 119 Stat. 886; Pub. L. 115–248, § 2(c), Sept. 28, 2018, 132 Stat. 3155.)
heading: Amendments
text: 2018—Subsec. (a). Pub. L. 115–248 struck out “, acting through the Director of the Office of Nuclear Energy, Science and Technology,” after “The Secretary”.
42 U.S.C. § 16276 (THE PUBLIC HEALTH AND WELFARE)
§ 16276. Security of nuclear facilities
The Secretary shall conduct a research and development program on cost-effective technologies for increasing—
(1) the safety of nuclear facilities from natural phenomena; and
(2) the security of nuclear facilities from deliberate attacks.
(Pub. L. 109–58, title IX, § 956, Aug. 8, 2005, 119 Stat. 888; Pub. L. 115–248, § 2(f), Sept. 28, 2018, 132 Stat. 3157.)
heading: Amendments
text: 2018—Pub. L. 115–248 struck out “, acting through the Director of the Office of Nuclear Energy, Science and Technology,” after “The Secretary” in introductory provisions.
42 U.S.C. § 16277 (THE PUBLIC HEALTH AND WELFARE)
§ 16277. High-performance computation and supportive research
(a) Modeling and simulation
The Secretary shall carry out a program to enhance the capabilities of the United States to develop new reactor technologies through high-performance computation modeling and simulation techniques.
(b) Coordination
In carrying out the program under subsection (a), the Secretary shall coordinate with relevant Federal agencies as described by the National Strategic Computing Initiative established by Executive Order 13702 (80 Fed. Reg. 46177 (July 29, 2015)), while taking into account the following objectives:
(1) Using expertise from the private sector, institutions of higher education, and the National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced nuclear reactor systems and reactor systems for space exploration.
(2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation.
(3) Increasing the utility of the research infrastructure of the Department by coordinating with the Advanced Scientific Computing Research program within the Office of Science.
(4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation.
(5) Ensuring that new experimental and computational tools are accessible to relevant research communities, including private sector entities engaged in nuclear energy technology development.
(c) Supportive research activities
The Secretary shall consider support for additional research activities to maximize the utility of the research facilities of the Department, including physical processes—
(1) to simulate degradation of materials and behavior of fuel forms; and
(2) for validation of computational tools.
(Pub. L. 109–58, title IX, § 957, Aug. 8, 2005, 119 Stat. 888; Pub. L. 115–248, § 2(g), Sept. 28, 2018, 132 Stat. 3157.)
heading: References in Text
text: Executive Order 13702, referred to in subsec. (b), is set out as a note under section 5501 of Title 15, Commerce and Trade.
heading: Amendments
text: 2018—Pub. L. 115–248 amended section generally. Prior to amendment, section related to survey and plan regarding alternatives to industrial radioactive sources.
42 U.S.C. § 16279 (THE PUBLIC HEALTH AND WELFARE)
§ 16279. Budget plan
(a) In general
Not later than 1 year after September 28, 2018, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Secretary, as described in subsections (b) through (d).
(b) Budget plan alternative 1
One of the budget plans submitted under subsection (a) shall assume constant annual funding for 10 years at the appropriated level for the civilian nuclear energy research and development of the Department for fiscal year 2016.
(c) Budget plan alternative 2
One of the budget plans submitted under subsection (a) shall be an unconstrained budget.
(d) Inclusions
Each alternative budget plan submitted under subsection (a) shall include—
(1) a prioritized list of the programs, projects, and activities of the Department to best support the development of advanced nuclear reactor technologies;
(2) realistic budget requirements for the Department to implement sections 16275(c), 16277, and 16278 of this title; and
(3) the justification of the Department for continuing or terminating existing civilian nuclear energy research and development programs.
(Pub. L. 109–58, title IX, § 959, as added Pub. L. 115–248, § 2(i), Sept. 28, 2018, 132 Stat. 3160.)
42 U.S.C. § 16280 (THE PUBLIC HEALTH AND WELFARE)
§ 16280. Advanced Nuclear Energy Licensing Cost-Share Grant Program
(a) Definitions
In this section:
(1) Commission
The term “Commission” means the Nuclear Regulatory Commission.
(2) Program
The term “program” means the Advanced Nuclear Energy Cost-Share Grant Program established under subsection (b).
(3) Secretary
The term “Secretary” means the Secretary of Energy.
(b) Establishment
The Secretary shall establish a grant program, to be known as the “Advanced Nuclear Energy Cost-Share Grant Program”, under which the Secretary shall make cost-share grants to applicants for the purpose of funding a portion of the Commission fees of the applicant for pre-application review activities and application review activities.
(c) Requirement
The Secretary shall seek out technology diversity in making grants under the program.
(d) Cost-share amount
The Secretary shall determine the cost-share amount for each grant under the program in accordance with section 16352 of this title.
(e) Use of funds
A recipient of a grant under the program may use the grant funds to cover Commission fees, including those fees associated with—
(1) developing a licensing project plan;
(2) obtaining a statement of licensing feasibility;
(3) reviewing topical reports; and
(4) other—
(A) pre-application review activities;
(B) application review activities; and
(C) interactions with the Commission.
(Pub. L. 115–248, § 3, Sept. 28, 2018, 132 Stat. 3160.)
heading: Codification
text: Section was enacted as part of the Nuclear Energy Innovation Capabilities Act of 2017, and not as part of the Energy Policy Act of 2005 which comprises this chapter.
42 U.S.C. § 16316 (THE PUBLIC HEALTH AND WELFARE)
§ 16316. Advanced scientific computing research and development program
(1) In general
The Secretary shall conduct an advanced scientific computing research and development program that includes activities related to applied mathematics and activities authorized by the American Super Computing Leadership Act of 2017 (15 U.S.C. 5541 et seq.).
(2) Goal
The Secretary shall carry out the program with the goal of supporting departmental missions, and providing the high-performance computational, networking, advanced visualization technologies, and workforce resources, that are required for world leadership in science.
(Pub. L. 109–58, title IX, § 976(a), Aug. 8, 2005, 119 Stat. 903; Pub. L. 115–246, title III, § 304(a)(1)(B), Sept. 28, 2018, 132 Stat. 3145.)
heading: References in Text
text: The American Super Computing Leadership Act of 2017, referred to in par. (1), is Pub. L. 108–423, Nov. 30, 2004, 118 Stat. 2400, which is classified principally to subchapter III (§ 5541 et seq.) of chapter 81 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 5501 of Title 15 and Tables.
heading: Amendments
text: 2018—Par. (1). Pub. L. 115–246 substituted “American Super Computing Leadership Act of 2017” for “Department of Energy High-End Computing Revitalization Act of 2004”.
42 U.S.C. § 16321 (THE PUBLIC HEALTH AND WELFARE)
§ 16321. Facility for Rare Isotope Beams
(a) Establishment
The Secretary shall construct and operate a Facility for Rare Isotope Beams. The Secretary shall commence construction no later than September 30, 2008.
(b) Authorization of appropriations
There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. The Secretary shall not spend more than $1,100,000,000 in Federal funds for all activities associated with the Facility for Rare Isotope Beams, prior to operation of the Accelerator.
(Pub. L. 109–58, title IX, § 981, Aug. 8, 2005, 119 Stat. 907; Pub. L. 115–246, title III, § 308(b), Sept. 28, 2018, 132 Stat. 3150.)
heading: Amendments
text: 2018—Pub. L. 115–246, substituted “Facility for Rare Isotope Beams” for “Rare Isotope Accelerator” in section catchline and in subsecs. (a) and (b).