Update and Relocation of the Department of Energy Technology Investment Agreement Regulations
Published Date: 1/3/2025
Rule
Summary
The Department of Energy is updating and moving its rules for special technology investment deals to make them simpler and easier to use. This change affects companies and groups working with DOE on these agreements and starts right away on January 3, 2025. DOE wants your feedback by March 4, 2025, so these deals can be smoother and more consistent, helping innovation move faster.
Analyzed Economic Effects
9 provisions identified: 4 benefits, 4 costs, 1 mixed.
Awardees Must Share Project Costs
For OT agreements, awardees must, to the maximum extent practicable, provide at least half of project costs (cost share). Cost share must be verifiable, not double-counted with other Federal awards, necessary and reasonable, allowable under cost principles, and included in the DOE-approved budget. DOE may reduce or eliminate the half-cost-share requirement if the Agreements Officer determines it is impracticable, except where a statute requires cost share.
No Fee or Profit on RD&D Awards
The Agreements Officer may not issue an OT agreement if any awardee, subawardee, or participant is to receive fee or profit for the RD&D efforts. This does not stop participants or subawardees from paying or receiving reasonable profit when buying supplies or services from commercial suppliers.
Trade Secrets Protected 5–30 Years
Trade secrets and commercial or financial information submitted under OT agreements are protected from disclosure for five years after development, or up to thirty years if the Secretary (or delegee) determines the technology (including nuclear tech) reasonably requires extended protection. Proposals, proposal abstracts, supporting documents, business plans, and technical information submitted in a competitive or noncompetitive process are not required to be disclosed under FOIA during that protection period.
Financial Standards, Cost Principles, Audits Apply
Awardees under OT agreements are subject to financial management standards, applicable cost principles and standards, and audit requirements as set out in the revised part 930 (see Sec. 930.205, 930.210, 930.215).
OT Authority Allows IP/Data Flexibilities
DOE's OT authority under 42 U.S.C. 7256(g) authorizes flexibilities not available under the Department's general authority, including increased flexibilities related to intellectual property and data protection for RD&D projects.
Rules Take Effect Jan 3, 2025
The updated DOE rules for Other Transaction (OT) agreements take effect January 3, 2025. DOE will accept public comments on the interim final rule through March 4, 2025.
Rules Simplified and Relocated
DOE moved and streamlined its Technology Investment Agreement and Other Transaction rules into 2 CFR part 930 to make the policies and provisions simpler and more uniform. DOE says the changes are intended to make OT agreements easier to use and promote more consistent application.
Merit-Based Competition Required
DOE will award OT agreements using a non-procurement, non‑Federal financial assistance merit-based competitive process in every case required by statute and, to the maximum extent feasible, in other cases. If DOE does not use a competitive process, the Agreements Officer must document the reason and any restrictions on awardee eligibility.
Debarment and Suspension Rules Apply
The Nonprocurement debarment and suspension requirements in 2 CFR part 180 (as adopted and supplemented by 2 CFR part 901) apply to all DOE Other Transaction agreements. Entities subject to debarment or suspension under those rules will be ineligible for OT awards.
Personalized for You
How does this regulation affect your finances?
Personalize government policy and PRIA will tell you what this federal register document means for your household, plus every other regulation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Key Dates
Related Federal Register Documents
2026-20736, Air Plan Approval; Michigan; Clean Data Determination for the Berrien, MI and Muskegon, MI Areas for the 2015 Ozone Standards
Great news for folks in Berrien and Muskegon counties, Michigan! The EPA says these areas have cleaned up their air enough to meet the 2015 ozone standards. Because of this, they don’t have to submit extra air quality plans or controls for now, saving time and effort as long as the air stays clean.
2026-20757, Schedules of Controlled Substances; Removal of Exemption Status for Inactive Butalbital Products
The DEA is removing the special exemption for certain inactive butalbital prescription products that are no longer made or sold. Starting November 9, 2026, these products won’t be treated as exempt under drug laws anymore, but active products stay the same. This change mainly affects drug companies and pharmacies handling these old products, with no new costs for active medicines.
2026-20727, Medical Devices; Immunology and Microbiology Devices; Classification of the System for Detection of Nucleic Acid From Non-Viral Microorganism(s) Causing Sexually Transmitted Infections Using Home-Collected Specimens
The FDA is officially classifying home test kits that detect non-viral germs causing sexually transmitted infections as Class II devices, meaning they have special safety rules but fewer hurdles than the strictest category. This change, effective October 9, 2026, helps make these tests safer and easier to get, benefiting patients and innovators alike. If you make or use these home test kits, this update means better access and clear safety standards without extra costs or delays.
2026-20792, Raisins Produced From Grapes Grown in California; Order Amending Marketing Order No. 989
California raisin producers just voted to shake things up! The USDA is cutting the Raisin Committee from 47 to 21 members, changing how reps are chosen, and tweaking rules about raisin quality and marketing. These changes kick in on November 9, 2026, aiming to make raisin handling smoother and more modern without extra costs.
C1-2026-20019, Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Reserves in the Bering Sea and Aleutian Islands Management Area
This update fixes a date typo in the rules about groundfish fishing limits in Alaska’s Bering Sea and Aleutian Islands. Fishermen and fishery managers need to note that the correct deadline is September 30, 2026, not October 30. This change helps everyone stay on track with fishing rules and avoid confusion about when new limits take effect.
2026-20748, Schedules of Controlled Substances: Placement of O-Desmethyltramadol in Schedule I; Correction
The DEA fixed a small mistake in their August 2026 rule that put O-desmethyltramadol and all its related forms into Schedule I, meaning it's now officially a highly controlled substance. This correction makes sure every version of the drug is covered, starting retroactively from August 12, 2026, through August 12, 2028. Anyone handling this drug should know it’s tightly regulated now, with no changes to fees but serious legal controls in place.
Previous / Next Documents
Previous: 2024-30340, Federal Motor Vehicle Safety Standards; Occupant Crash Protection, Seat Belt Reminder Systems, Controls and Displays
Starting March 2025, new rules will make cars, trucks, and buses warn you if rear seat passengers aren’t buckled up, plus beef up front seat belt reminders. These changes affect most vehicles under 10,000 pounds and aim to keep everyone safer on the road. Car makers have until late 2026 and 2027 to follow the new rules, with some extra time for special manufacturers.
Next: 2024-30985, Anthropomorphic Test Devices, HIII 5TH Percentile Female Test Dummy; Incorporation by Reference
The National Highway Traffic Safety Administration updated the specs for the Hybrid III 5th Percentile Female Test Dummy’s chest jacket and spine box to fix inconsistencies and reduce test noise. These changes help car makers get more reliable crash test results and take effect on February 18, 2025. If you’re involved in making or using these dummies, keep an eye on the new rules and deadlines!