§ 16352. Cost sharing

• (a) Notwithstanding any other provision of law, in carrying out a research, development, demonstration, or commercial application program or activity that is initiated after August 8, 2005 , the Secretary shall require cost-sharing in accordance with this section.
• (b)
  • (1) Except as provided in paragraphs (2), (3), and (4) 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) 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) 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)
    • (A) 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) The exemption under subparagraph (A) shall apply during the 2-year period beginning on August 9, 2022 .
• (c)
  • (1) 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 1 1 So in original. The word “to” probably should not appear. be provided by a non-Federal source.
  • (2) 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) 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) 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) 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 638 of title 15 ; or
    • (B) the small business technology transfer program under that section.