Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · STATUTE-COMPILATIONS · Energy Policy Act of 2005 · Sec. 988

Sec. 988. COST SHARING

602 words·~3 min read·/statute-compilations/comps-10914/sec-988

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 988 COST SHARING **[**[42 U.S.C. 16352](/us/usc/t42/s16352)**]** ###
(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), (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)). #####
(B)Termination date The exemption under subparagraph
(A)shall apply during the 2-year period beginning on the date of enactment of the Research and Development, Competition, and Innovation Act. ###
(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.
Connectionstraces to 4
Citation graph
cites case law
Sec. 988
COST SHARING
U.S.C.§ 16352
U.S.C.§ 3703
U.S.C.§ 3701
U.S.C.§ 638
Cites 4Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.