PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-471 (B)(i) The calculation of the amount of the costs of the project provided by non-Federal sources shall include cash, personnel, services, equipment, and other resources expended on the project. (ii) No funds or other resources expended before the start of the project or outside the project's scope of work may be credited toward the costs provided by non-Federal sources to the project. (3) The project (other than in the case of a project under which the participating laboratory or facility receives funding under this section) shall be competitively selected by that laboratory or facility using procedures determined to be appropriate by the Administrator. (4) No Federal funds shall be made available under this section for— (A) construction; or (B) any project for more than five years. (e) SELECTION CRITERIA.—(1) The projects selected for the pilot program shall— (A) stimulate the development of technology expertise and capabilities in private industry and institutions of higher education that can support the nuclear weapons and nuclear nonproliferation missions of the national security laboratories and nuclear weapons production facilities on a continuing basis; (B) improve the ability of those laboratories and facilities benefit from commercial research, technology, products, processes, and services that can support the nuclear weapons and nuclear nonproliferation missions of those laboratories and facilities on a continuing basis; and (C) encourage the exchange of scientific and technological expertise between those laboratories and facilities and— (i) institutions of higher education; (ii) technology-related business concerns; (iii) nonprofit institutions; and (iv) agencies of State, tribal, or local governments; that can support the missions of those laboratories and facilities. (2) The Administrator may authorize the provision of Federal funds for a project under this section only if the director of the laboratory or facility managing the project determines that the project is likely to improve the ability of that laboratory or facility to achieve technical success in meeting nuclear weapons and nuclear nonproliferation missions of the Administration. (3) The Administrator shall require the director of the laboratory or facility to consider the following criteria in selecting a project to receive Federal funds: (A) The potential of the project to succeed, based on its technical merit, team members, management approach, resources, and project plan. (B) The potential of the project to promote the development of a commercially sustainable technology, determined by considering whether the project will derive sufficient demand for its products or services from the private sector to support the nuclear weapons and nuclear nonproliferation missions of the participating laboratory or facility on a continuing basis. 79-194O-00 -17:QL3Part3
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