42 USC 16352 - Cost sharing

U.S Code last checked for updates: Apr 29, 2024

§ 16352.

Cost sharing

(a)

Applicability

(b)

Research and development

(1)

In general

(2)

Exclusion

(3)

Reduction

(4)

Exemption for institutions of higher education and other nonprofit institutions

(A)

In general

(B)

Termination date

(c)

Demonstration and commercial application

(1)

In general

(2)

Reduction of non-Federal share

(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

(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 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.)

cite as: 42 USC 16352