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42 U.S.C. § 16356 — Cost sharing

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16356 — Cost sharing

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Source file: Laws/federal/codes/united-states-code/title-42/section-16356-cost-sharing--0fc8b0c081.md
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Source location: Title 42, Chapter 149, § 16356; chapter-149-national-energy-policy-and-programs.md

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**(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 August 8, 2005, the Secretary shall require cost-sharing in accordance 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 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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3703&num=0&edition=prelim))). (B) *Termination date* — The exemption under subparagraph (A) shall apply during the 2-year period beginning on August 9, 2022. **(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 11 So in original. The word “to” probably should not appear. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3701&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638&num=0&edition=prelim); or (B) the small business technology transfer program under that section.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 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, 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

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 638 — Research and development

**(a) Declaration of policy** Research and development are major factors in the growth and progress of industry and the national economy. The expense of carrying on research and development programs is beyond the means of many small-business concerns, and such concerns are handicapped in obtaining the benefits of research and development programs conducted at Government expense. These small-business concerns are thereby placed at a competitive disadvantage. This weakens the competitive free enterprise system and prevents the orderly development of the national economy. It is the policy of the Congress that assistance be given to small-business concerns to enable them to undertake and to obtain the benefits of research and development in order to maintain and strengthen the competitive free enterprise system and the national economy. **(b) Assistance to small-business concerns** It shall be the duty of the Administration, and it is empowered— (1) to assist small-business concerns to obtain Government contracts for research and development; (2) to assist small-business concerns to obtain the benefits of research and development performed under Government contracts or at Government expense; (3) to provide technical assistance to small-business concerns to accomplish the purposes of this section; (4) to develop and maintain a source file and an information program to assure each qualified and interested small business concern the opportunity to participate in Federal agency small business innovation research programs and small business technology transfer programs; (5) to coordinate with participating agencies a schedule for release of SBIR and STTR solicitations, and to prepare a master release schedule so as to maximize small businesses’ opportunities to respond to

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3703 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3701 — Findings

Page 2024 TITLE 15—COMMERCE AND TRADE § 3612 tributions from any person who if sued sepa- rately, would have been liable to make the same payment. (d) Amounts recoverable; defendant’s attorneys’ fees The amounts recoverable under this section may include interest paid, reasonable attorneys’ fees, independent engineer and appraisers’ fees, and court costs. A defendant may recover rea- sonable attorneys’ fees if the court determines that the cause of action filed by the plaintiff is frivolous, malicious, or lacking in substantial merit. (Pub. L. 96–399, title VI, § 612, Oct. 8, 1980, 94 Stat. 1679.) § 3612. Concurrent State and Federal jurisdic- tion; venue; removal of cases The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction under this chapter and, concurrent with State courts, of actions at law or in equity brought under this chapter without regard to the amount in con- troversy. Any such action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the dis- trict where the sale took place, and process in such cases may be served in other districts of which the defendant is an inhabitant or wher- ever the defendant may be found. No case aris- ing under this chapter and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where any officer or employee of the United States in his official capacity is a party. (Pub. L. 96–399, title VI, § 613, Oct. 8, 1980, 94 Stat. 1679.) § 3613. Limitation of actions No action shall be maintained to enforce any right or liability created by this chapter unless brought wi

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3701

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 3703 — Definitions

Page 2031 TITLE 15—COMMERCE AND TRADE § 3704 § 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 Adm

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3703

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 16356 — Report on equal employment oppor-

Page 8874 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16355 (3) Reports The Secretary shall submit to Congress re- ports describing the results of all the reviews and assessments. (Pub. L. 109–58, title IX, § 990, Aug. 8, 2005, 119 Stat. 912; Pub. L. 117–286, § 4(a)(278), Dec. 27, 2022, 136 Stat. 4336.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (e)(1)(A), 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. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.)’’. § 16355. National Laboratory designation After August 8, 2005, the Secretary shall not designate a facility that is not listed in section 15801(3) of this title as a National Laboratory. (Pub. L. 109–58, title IX, § 991, Aug. 8, 2005, 119 Stat. 913.) § 16356. Report on equal employment oppor- tunity practices Not later than 12 months after August 8, 2005, and biennially thereafter, the Secretary shall transmit to Congress a report on the equal em- ployment opportunity practices at National Laboratories. Such report shall include— (1) a thorough review of each National Lab- oratory contractor’s equal employment oppor- tunity policies, including promotion to man- agement and professional positions and pay raises; (2) a statistical report on complaints and their disposition in the National Laboratories; (3) a description of how equal employment opportunity practices at the National Labora- tories are treate

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