Page:United States Statutes at Large Volume 119.djvu/946

 119 STAT. 928

PUBLIC LAW 109–58—AUG. 8, 2005 (A) A business. (B) An institution of higher education. (C) A nonprofit institution. (D) An agency of a State, local, or tribal government. (3) COST-SHARING.— (A) IN GENERAL.—The costs of carrying out projects under this section shall be shared in accordance with section 988. (B) SOURCES.—The calculation of costs paid by the non-Federal sources for a project shall include cash, personnel, services, equipment, and other resources expended on the project after the commencement of the project. (C) RESEARCH AND DEVELOPMENT EXPENSES.—Independent research and development expenses of Government contractors that qualify for reimbursement under section 31.205–18(e) of title 48, Code of Federal Regulations, issued pursuant to section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1)), may be credited towards costs paid by non-Federal sources to a project, if the expenses meet the other requirements of this section. (4) COMPETITIVE SELECTION.—A project under this section shall be competitively selected using procedures determined by the Secretary. (5) ACCOUNTING.—Any participant that receives funds under this section may use generally accepted accounting principles for maintaining accounts, books, and records relating to the project. (6) DURATION.—No Federal funds shall be made available under this section for a construction project or for any project with a duration of more than 5 years. (f) SELECTION CRITERIA.— (1) DEPARTMENTAL MISSIONS.—The Secretary shall allocate funds under this section only if the Director of the National Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose research facility to achieve technical success in meeting departmental missions. (2) OTHER CRITERIA.—In selecting a project to receive Federal funds, the Secretary shall consider— (A) the potential of the project to promote the development of a commercially sustainable technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility; (B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the participating National Laboratory or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating National Laboratory or singlepurpose research facility; (C) the extent to which the project involves a wide variety and number of institutions of higher education,

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