§ 16352. Cost sharing
(a) Applicability
Notwithstanding any other provision of law, in
carrying out a research, development, dem-
onstration, or commercial application program
or activity that is initiated after August 8, 2005,
the Secretary shall require cost-sharing in ac-
cordance with this section.
(b) Research and development
(1) In general
Except as provided in paragraphs (2), (3), and
(4) and subsection (f), the Secretary shall re-
quire 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 sub-
section (a) that is of a basic or fundamental
nature, as determined by the appropriate offi-
cer 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.
(4) Exemption for institutions of higher edu-
cation and other nonprofit institutions
(A) In general
Paragraph (1) shall not apply to a research
or development activity performed by an in-
stitution 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 begin-
ning on August 9, 2022.
(c) Demonstration and commercial application
(1) In general
Except as provided in paragraph (2) and sub-
section (f), the Secretary shall require that
not less than 50 percent of the cost of a dem-
onstration or commercial application activity
described in
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_2e32eaf821bee81ebd14ca80 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-16352-cost-sharing--e2f88dd9cf.md Pages: Not recorded – Not recorded Passage SHA-256: 3ad494ecc1ec43935e358c538890927b5d4d359b4f3f661d959d4da79b3cce8d Retained source evidence SHA-256: dffcad54fa5c638e26c0afd2703ae5d929d8f64c81ca8a7bb4ca70143c27ed85
Page 8872
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16351
1 So in original. The word ‘‘to’’ probably should not appear.
rior, and Secretary of State, and the Federal En-
ergy Regulatory Commission, shall coordinate
training and outreach efforts for international
commercial energy markets in countries with
developing and restructuring economies.
(b) Components
The training and outreach efforts referred to
in subsection (a) may include—
(1) production-related fiscal regimes;
(2) grid and network issues;
(3) energy user and demand side response;
(4) international trade of energy; and
(5) international transportation of energy.
(c) Authorization of appropriations
There is authorized to be appropriated to
carry out this section $1,500,000 for each of fiscal
years 2007 through 2010.
(Pub. L. 109–58, title IX, § 986A, Aug. 8, 2005, 119
Stat. 910.)
PART I—RESEARCH ADMINISTRATION AND
OPERATIONS
§ 16351. Availability of funds
Funds authorized to be appropriated to the De-
partment under this Act or an amendment made
by this Act shall remain available until ex-
pended.
(Pub. L. 109–58, title IX, § 987, Aug. 8, 2005, 119
Stat. 910.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 109–58, Aug.
8, 2005, 119 Stat. 594, known as the Energy Policy Act of
2005, which enacted this chapter and enacted, amended,
and repealed numerous other sections and notes in the
Code. For complete classification of this Act to the
Code, see Short Title note set out under section 15801
of this title and Tables.
§ 16352. Cost sharing
(a) Applicability
Notwithstanding any other provision of law, in
carrying out a research, development, dem-
onstration, or commercial application program
or activity that is initiated after August 8, 2005,
the Secretary shall require cost-sharing in ac-
cordance with this section.
(b) Research and development
(1) In general
Except as provided in paragraphs (2), (3), and
(4) and subsection (f), the Secretary shall re-
quire 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 sub-
section (a) that is of a basic or fundamental
nature, as determined by the appropriate offi-
cer 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.
(4) Exemption for institutions of higher edu-
cation and other nonprofit institutions
(A) In general
Paragraph (1) shall not apply to a research
or development activity performed by an in-
stitution 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 begin-
ning on August 9, 2022.
(c) Demonstration and commercial application
(1) In general
Except as provided in paragraph (2) and sub-
section (f), the Secretary shall require that
not less than 50 percent of the cost of a dem-
onstration or commercial application activity
described in subsection (a) to 1 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 Sec-
retary determines the reduction to be nec-
essary and appropriate, taking into consider-
ation 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 accord-
ance with the applicable cost principles, in-
cluding—
(A) cash;
(B) personnel costs;
(C) the value of a service, other resource,
or third party in-kind contribution deter-
mined in accordance with the applicable cir-
cular of the Office of Management and Budg-
et;
(D) indirect costs or facilities and adminis-
trative 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 appropria-
tion Act); and
(2) shall not include—
(A) revenues or royalties from the prospec-
tive 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—
Page 8873
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16354
(1) a cooperative research and development
agreement under the Stevenson-Wydler Tech-
nology 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 638 of title 15; or
(B) the small business technology transfer
program under that section.
(Pub. L. 109–58, title IX, § 988, Aug. 8, 2005, 119
Stat. 910; Pub. L. 115–246, title I, § 108(a), Sept.
28, 2018, 132 Stat. 3134; Pub. L. 117–167, div. B,
title VI, § 10725(a), Aug. 9, 2022, 136 Stat. 1709.)
Editorial Notes
REFERENCES IN TEXT
The Stevenson-Wydler Technology Innovation Act of
1980, referred to in subsec. (f)(1), is Pub. L. 96–480, Oct.
21, 1980, 94 Stat. 2311, which is classified generally to
chapter 63 (§ 3701 et seq.) of Title 15, Commerce and
Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 3701 of
Title 15 and Tables.
AMENDMENTS
2022—Subsec. (b)(4)(B). Pub. L. 117–167 substituted
‘‘August 9, 2022’’ for ‘‘September 28, 2018’’.
2018—Subsec. (b)(1). Pub. L. 115–246, § 108(a)(1), sub-
stituted ‘‘Except as provided in paragraphs (2), (3), and
(4)’’ for ‘‘Except as provided in paragraphs (2) and (3)’’.
Subsec. (b)(4). Pub. L. 115–246, § 108(a)(2), added par.
(4).
§ 16353. Merit review of proposals
(a) Awards
Awards of funds authorized under this Act or
an amendment made by this Act shall be made
only after an impartial review of the scientific
and technical merit of the proposals for the
awards has been carried out by or for the De-
partment.
(b) Competition
Competitive awards under this Act shall in-
volve competitions open to all qualified entities
within one or more of the following categories:
(1) Institutions of higher education.
(2) National Laboratories.
(3) Nonprofit and for-profit private entities.
(4) State and local governments.
(5) Consortia of entities described in para-
graphs (1) through (4).
(c) Sense of Congress
It is the sense of Congress that research, de-
velopment, demonstration, and commercial ap-
plication activities carried out by the Depart-
ment should be awarded using competitive pro-
cedures, to the maximum extent practicable.
(Pub. L. 109–58, title IX, § 989, Aug. 8, 2005, 119
Stat. 911.)
Editorial Notes
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (b), is Pub. L.
109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy
Policy Act of 2005, which enacted this chapter and en-
acted, amended, and repealed numerous other sections
and notes in the Code. For complete classification of
this Act to the Code, see Short Title note set out under
section 15801 of this title and Tables.
§ 16354. External technical review of depart-
mental programs
(a) National energy research and development
advisory boards
(1) Establishment
The Secretary shall establish one or more
advisory boards to review research, develop-
ment, demonstration, and commercial applica-
tion programs of the Department in energy ef-
ficiency, renewable energy, nuclear energy,
and fossil energy.
(2) Alternatives
The Secretary may—
(A) designate an existing advisory board
within the Department to fulfill the respon-
sibilities of an advisory board under this sec-
tion; and
(B) enter into appropriate arrangements
with the National Academy of Sciences to
establish such an advisory board.
(b) Use of existing committees
The Secretary shall continue to use the sci-
entific program advisory committees chartered
under chapter 10 of title 5 by the Office of
Science to oversee research and development
programs under that Office.
(c) Membership
Each advisory board under this section shall
consist of persons with appropriate expertise
representing a diverse range of interests.
(d) Meetings and goals
(1) Meetings
Each advisory board under this section shall
meet at least semiannually to review and ad-
vise on the progress made by the respective
one or more research, development, dem-
onstration, and commercial application pro-
grams.
(2) Goals
The advisory board shall review the measur-
able cost and performance-based goals for the
programs as established under section 16181 of
this title, and the progress on meeting the
goals.
(e) Periodic reviews and assessments
(1) In general
The Secretary shall enter into appropriate
arrangements with the National Academy of
Sciences to conduct periodic reviews and as-
sessments of—
(A) the research, development, demonstra-
tion, and commercial application programs
authorized by this Act and amendments
made by this Act;
(B) the measurable cost and performance-
based goals for the programs as established
under section 16181 of this title, if any; and
(C) the progress on meeting the goals.
(2) Timing
The reviews and assessments shall be con-
ducted every 5 years or more often as the Sec-
retary considers necessary.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The Congress finds and declares that:
(1) Technology and industrial innovation are central to the economic, environmental, and social well-being of citizens of the United States.
(2) Technology and industrial innovation offer an improved standard of living, increased public and private sector productivity, creation of new industries and employment opportunities, improved public services and enhanced competitiveness of United States products in world markets.
(3) Many new discoveries and advances in science occur in universities and Federal laboratories, while the application of this new knowledge to commercial and useful public purposes depends largely upon actions by business and labor. Cooperation among academia, Federal laboratories, labor, and industry, in such forms as technology transfer, personnel exchange, joint research projects, and others, should be renewed, expanded, and strengthened.
(4) Small businesses have performed an important role in advancing industrial and technological innovation.
(5) Industrial and technological innovation in the United States may be lagging when compared to historical patterns and other industrialized nations.
(6) Increased industrial and technological innovation would reduce trade deficits, stabilize the dollar, increase productivity gains, increase employment, and stabilize prices.
(7) Government antitrust, economic, trade, patent, procurement, regulatory, research and development, and tax policies have significant impacts upon industrial innovation and development of technology, but there is insufficient knowledge of their effects in particular sectors of the economy.
(8) No comprehensive national policy exists to enhance technological innovation for commercial and public purposes. There is a need for such a policy, in
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 3701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3701. Findings
The Congress finds and declares that:
(1) Technology and industrial innovation are
central to the economic, environmental, and
social well-being of citizens of the United
States.
(2) Technology and industrial innovation
offer an improved standard of living, increased
public and private sector productivity, cre-
ation of new industries and employment op-
portunities, improved public services and en-
hanced competitiveness of United States prod-
ucts in world markets.
(3) Many new discoveries and advances in
science occur in universities and Federal lab-
oratories, while the application of this new
knowledge to commercial and useful public
Page 2025
TITLE 15—COMMERCE AND TRADE
§ 3701
purposes depends largely upon actions by busi-
ness and labor. Cooperation among academia,
Federal laboratories, labor, and industry, in
such forms as technology transfer, personnel
exchange, joint research projects, and others,
should be renewed, expanded, and strength-
ened.
(4) Small businesses have performed an im-
portant role in advancing industrial and tech-
nological innovation.
(5) Industrial and technological innovation
in the United States may be lagging when
compared to historical patterns and other in-
dustrialized nations.
(6) Increased industrial and technological in-
novation would reduce trade deficits, stabilize
the dollar, increase productivity gains, in-
crease employment, and stabilize prices.
(7) Government antitrust, economic, trade,
patent, procurement, regulatory, research and
development, and tax policies have significant
impacts upon industrial innovation and devel-
opment of technology, but there is insufficient
knowledge of their effects in particular sectors
of the economy.
(8) No comprehensive national policy exist
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 3701. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter, unless the context otherwise requires, the term—
(1) “Secretary” means the Secretary of Commerce.
(2) “Centers” means the Cooperative Research Centers established under section 3705 or 3707 of this title.
(3) “Nonprofit institution” means an organization owned and operated exclusively for scientific or educational purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
(4) “Federal laboratory” means any laboratory, any federally funded research and development center, or any center established under section 3705 or 3707 of this title that is owned, leased, or otherwise used by a Federal agency and funded by the Federal Government, whether operated by the Government or by a contractor.
(5) “Supporting agency” means either the Department of Commerce or the National Science Foundation, as appropriate.
(6) “Federal agency” means any executive agency as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim) and the military departments as defined in section 102 of such title, as well as any agency of the legislative branch of the Federal Government.
(7) “Invention” means any invention or discovery which is or may be patentable or otherwise protected under title 35 or any novel variety of plant which is or may be protectable under the Plant Variety Protection Act ([7 U.S.C. 2321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2321&num=0&edition=prelim) et seq.).
(8) “Made” when used in conjunction with any invention means the conception or first actual reduction to practice of such invention.
(9) “Small business firm” means a small business concern as defined in [section 632 of th
Stored review status: release_metadata_unconfirmed. The source passage cites 15 U.S.C. § 3703. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 3703. Definitions
As used in this chapter, unless the context
otherwise requires, the term—
(1) ‘‘Secretary’’ means the Secretary of Com-
merce.
(2) ‘‘Centers’’ means the Cooperative Re-
search Centers established under section 3705
or 3707 of this title.
(3) ‘‘Nonprofit institution’’ means an organi-
zation owned and operated exclusively for sci-
entific or educational purposes, no part of the
net earnings of which inures to the benefit of
any private shareholder or individual.
(4) ‘‘Federal laboratory’’ means any labora-
tory, any federally funded research and devel-
opment center, or any center established
under section 3705 or 3707 of this title that is
owned, leased, or otherwise used by a Federal
agency and funded by the Federal Govern-
ment, whether operated by the Government or
by a contractor.
(5) ‘‘Supporting agency’’ means either the
Department of Commerce or the National
Science Foundation, as appropriate.
(6) ‘‘Federal agency’’ means any executive
agency as defined in section 105 of title 5 and
the military departments as defined in section
102 of such title, as well as any agency of the
legislative branch of the Federal Government.
(7) ‘‘Invention’’ means any invention or dis-
covery which is or may be patentable or other-
wise protected under title 35 or any novel vari-
ety of plant which is or may be protectable
under the Plant Variety Protection Act (7
U.S.C. 2321 et seq.).
(8) ‘‘Made’’ when used in conjunction with
any invention means the conception or first
actual reduction to practice of such invention.
(9) ‘‘Small business firm’’ means a small
business concern as defined in section 632 of
this title and implementing regulations of the
Administrator of the Small Business Adminis-
tration.
(10) ‘‘Training technology’’
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 3703. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary is authorized to establish a Science and Technology Scholarship Program to award scholarships to individuals that is designed to recruit and prepare students for careers in the Department and National Laboratories.
**(b) Service requirement** The Secretary may require that an individual receiving a scholarship under this section serve as a full-time employee of the Department or a National Laboratory for a fixed period in return for receiving the scholarship.