§ 16352. Cost sharing

Footnotes

1. 1 So in original. The word “to” probably should not appear.

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. 2005

   Energy Research, Development, Demonstration, and Commercial Application Act of 2005

   Pub. L. 109–58 title IX § 988 · 119 Stat. 594

   Enacted · 42 U.S.C. § 16352

   Pub. L. 109–58, title IX, § 988, Aug. 8, 2005, 119 Stat. 910

   Source evidence

   Code source credit
   Pub. L. 109–58, title IX, § 988, Aug. 8, 2005, 119 Stat. 910

   Enacted provision · exact public law section
   SEC. 988. COST SHARING. (a) Applicability.— Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is initiated after the date of enactment of this section, the Secretary shall require cost-sharing in accordance with this section. (b) Research and Development.— (1) In general.— Except as provided in paragraphs (2) and (3) and subsection (f), the Secretary shall require not less than 20 percent of the cost of a research or development activity described in subsection (a) to be provided by a non-Federal source. (2) Exclusion.— Paragraph (1) shall not apply to a research or development activity described in subsection (a) that is of a basic or fundamental nature, as determined by the appropriate officer of the Department. (3) Reduction.— The Secretary may reduce or eliminate the requirement of paragraph (1) for a research and development activity of an applied nature if the Secretary determines that the reduction is necessary and appropriate. (c) Demonstration and Commercial Application.— (1) In general.— Except as provided in paragraph (2) and subsection (f), the Secretary shall require that not less than 50 percent of the cost of a demonstration or commercial application activity described in subsection (a) to be provided by a non-Federal source. (2) Reduction of non-federal share.— The Secretary may reduce the non-Federal share required under paragraph (1) if the Secretary determines the reduction to be necessary and appropriate, taking into consideration any technological risk relating to the activity. (d) Calculation of Amount.— In calculating the amount of a non-Federal contribution under this section, the Secretary— (1) may include allowable costs in accordance with the applicable cost principles, including— (A) cash; (B) personnel costs; (C) the value of a service, other resource, or third party in-kind contribution determined in accordance with the applicable circular of the Office of Management and Budget; (D) indirect costs or facilities and administrative costs; or (E) any funds received under the power program of the Tennessee Valley Authority (except to the extent that such funds are made available under an annual appropriation Act); and (2) shall not include— (A) revenues or royalties from the prospective operation of an activity beyond the time considered in the award; (B) proceeds from the prospective sale of an asset of an activity; or (C) other appropriated Federal funds. (e) Repayment of Federal Share.— The Secretary shall not require repayment of the Federal share of a cost-shared activity under this section as a condition of making an award. (f) Exclusions.— This section shall not apply to— (1) a cooperative research and development agreement under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.); (2) a fee charged for the use of a Department facility; or (3) an award under— (A) the small business innovation research program under section 9 of the Small Business Act (15 U.S.C. 638); or (B) the small business technology transfer program under that section.

2. 2018

   Laboratory Modernization and Technology Transfer Act

   Pub. L. 115–246 § 108(a)(1) · 132 Stat. 3130

   Substituted · 42 U.S.C. § 16352(b)(1)

   Pub. L. 115–246, § 108(a)(1), substituted “Except as provided in paragraphs (2), (3), and (4)” for “Except as provided in paragraphs (2) and (3)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–246, § 108(a)(1), substituted “Except as provided in paragraphs (2), (3), and (4)” for “Except as provided in paragraphs (2) and (3)”.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “Except as provided in paragraphs (2) and (3)” and inserting “Except as provided in paragraphs (2), (3), and (4)”; and

3. 2018

   Laboratory Modernization and Technology Transfer Act

   Pub. L. 115–246 § 108(a)(2) · 132 Stat. 3130

   Added · 42 U.S.C. § 16352(b)(4)

   Pub. L. 115–246, § 108(a)(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 115–246, § 108(a)(2), added par. (4).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(4) Exemption for institutions of higher education and other nonprofit institutions.— “(A) In general.— Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). “(B) Termination date.— The exemption under subparagraph (A) shall apply during the 2-year period beginning on the date of enactment of this paragraph.” .

4. 2022

   Research and Development, Competition, and Innovation Act

   Pub. L. 117–167 div. B title VI § 10725(a) · 136 Stat. 1366

   Substituted · 42 U.S.C. § 16352(b)(4)(B)

   Pub. L. 117–167 substituted “August 9, 2022” for “September 28, 2018”

   Source evidence

   Code amendment note
   Subsec. (b)(4)(B). Pub. L. 117–167 substituted “August 9, 2022” for “September 28, 2018”.

   Enacted provision · exact public law section
   (a) In General.— Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) is amended in subsection (b)(4)(B) by striking “this paragraph” and inserting “the Research and Development, Competition, and Innovation Act”.

4 of 4 references resolved to an enrolled provision