Page:United States Statutes at Large Volume 119.djvu/929

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 911

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. SEC. 989. MERIT REVIEW OF PROPOSALS.

42 USC 16353.

(a) AWARDS.—Awards of funds authorized under this Act or an amendment made by this Act shall be made only after an impartial review of the scientific and technical merit of the proposals for the awards has been carried out by or for the Department. (b) COMPETITION.—Competitive awards under this Act shall involve competitions open to all qualified entities within one or more of the following categories: (1) Institutions of higher education. (2) National Laboratories. (3) Nonprofit and for-profit private entities.

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