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Title 42 — The Public Health and Welfare

Chapter 149 — National Energy Policy and Programs

§ 16393. Small business advocacy and assistance

Statutory text

(a)

Small business advocate

The Secretary shall require the Director of each National Laboratory (as defined in section 15801 of this title) and the Director of each single-purpose research facility to designate a small business advocate to—

(1)

encourage the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility;

(2)

report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in the activities described in paragraph (1) along with recommendations, if appropriate, on how to improve participation;

(3)

make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);

(4)

increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and

(5)

establish guidelines and metrics for the programs under subsections (b) and (c) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility.

(b)

Establishment of small business assistance program

The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with—

(1)

assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or

(2)

general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern.

(c)

Small business voucher program

(1)

Definitions

In this subsection:

(A)

Director

The term “Director” means—

(i)

the Director of each National Laboratory; and

(ii)

the Director of each single-purpose research facility.

(B)

National Laboratory

The term “National Laboratory” has the meaning given the term in section 15801 of this title.

(C)

Program

The term “program” means the program established under paragraph (2).

(D)

Small business concern

The term “small business concern” has the meaning given such term in section 632 of title 15.

(2)

Establishment

The Secretary, acting through the Chief Commercialization Officer appointed under section 16391(a) of this title, and in consultation with the Directors, shall establish a program to provide small business concerns with vouchers under paragraph (3)—

(A)

to achieve the goal described in subsection (a)(1); and

(B)

to improve the products, services, and capabilities of small business concerns in the mission space of the Department.

(3)

Vouchers

Under the program, the Directors are authorized to provide to small business concerns vouchers to be used at National Laboratories and single-purpose research facilities for—

(A)

research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or

(B)

any other activities that the applicable Director determines appropriate.

(4)

Expedited approval

The Secretary, working with the Directors, shall establish a stream-lined approval process for financial assistance agreements signed between—

(A)

small business concerns selected to receive a voucher under the program; and

(B)

the National Laboratories and single-purpose research facilities.

(5)

Cost-sharing requirement

In carrying out the program, the Secretary shall require cost-sharing in accordance with section 16352 of this title.

(6)

Report

In accordance with section 16391a of this title, the Secretary shall report annually on the progress and implementation of the small business voucher program established under this section, including the number and locations of small businesses that received grants under this program.

(d)

Use of funds

None of the funds expended under subsection (b) may be used for direct grants to small business concerns.

(e)

Authorization of appropriations

There is authorized to be appropriated to the Secretary for activities under subsection (b) $5,000,000 for each of fiscal years 2006 through 2008 and for activities under subsection (c) $25,000,000 for each of fiscal years 2023 through 2027.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Energy Policy Act of 2005

    Pub. L. 109–58 title X § 1003 · 119 Stat. 594

    Enacted · 42 U.S.C. § 16393

    Pub. L. 109–58, title X, § 1003, Aug. 8, 2005, 119 Stat. 929

    Source evidence

    Code source credit
    Pub. L. 109–58, title X, § 1003, Aug. 8, 2005, 119 Stat. 929

    Enacted provision · exact public law section
    SEC. 1003. SMALL BUSINESS ADVOCACY AND ASSISTANCE. (a) Small Business Advocate.— The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to designate a small business advocate to— (1) increase the participation of small business concerns, including socially and economically disadvantaged small business concerns (as defined in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4))), in procurement, collaborative research, technology licensing, and technology transfer activities conducted by the National Laboratory or single-purpose research facility; (2) Reports. report to the Director of the National Laboratory or single-purpose research facility on the actual participation of small business concerns in procurement and collaborative research along with recommendations, if appropriate, on how to improve participation; (3) make available to small business concerns training, mentoring, and information on how to participate in procurement and collaborative research activities; (4) increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and (5) establish Guidelines. Reports. guidelines for the program under subsection (b) and report on the effectiveness of the program to the Director of the National Laboratory or single-purpose research facility. (b) Establishment of Small Business Assistance Program.— The Secretary shall require the Director of each National Laboratory, and may require the Director of a single-purpose research facility, to establish a program to provide small business concerns with— (1) assistance directed at making the small business concerns more effective and efficient subcontractors or suppliers to the National Laboratory or single-purpose research facilities; or (2) general technical assistance, the cost of which shall not exceed $10,000 per instance of assistance, to improve the products or services of the small business concern. (c) Use of Funds.— None of the funds expended under subsection (b) may be used for direct grants to small business concerns. (d) Authorization of Appropriations.— There is authorized to be appropriated to the Secretary for activities under this section $5,000,000 for each of fiscal years 2006 through 2008.

  2. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(1)(A) · 136 Stat. 1366

    Substituted · 42 U.S.C. § 16393(a)

    Pub. L. 117–167, § 10718(1)(A), substituted “(as defined in section 15801 of this title) and the Director of each single-purpose research facility” for “, and may require the Director of a single-purpose research facility,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–167, § 10718(1)(A), substituted “(as defined in section 15801 of this title) and the Director of each single-purpose research facility” for “, and may require the Director of a single-purpose research facility,” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “, and may require the Director of a single-purpose research facility,” and inserting “(as defined in section 2) and the Director of each single-purpose research facility”;

  3. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(1)(B) · 136 Stat. 1366

    1. Substituted · 42 U.S.C. § 16393(a)(1)

      Pub. L. 117–167, § 10718(1)(B), substituted “encourage” for “increase”

    2. Substituted · 42 U.S.C. § 16393(a)(1)

      Pub. L. 117–167, § 10718(1)(B), substituted “research, development, demonstration, and commercial application activities, including product development,” for “collaborative research,”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–167, § 10718(1)(B), substituted “encourage” for “increase” and “research, development, demonstration, and commercial application activities, including product development,” for “collaborative research,”.

    Enacted provision · exact public law section
    (B) in paragraph (1)— (i) by striking “increase” and inserting “encourage”; and (ii) by striking “collaborative research,” and inserting “research, development, demonstration, and commercial application activities, including product development,”;

  4. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(1)(C) · 136 Stat. 1366

    Substituted · 42 U.S.C. § 16393(a)(2)

    Pub. L. 117–167, § 10718(1)(C), substituted “the activities described in paragraph (1)” for “procurement and collaborative research”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 117–167, § 10718(1)(C), substituted “the activities described in paragraph (1)” for “procurement and collaborative research”.

    Enacted provision · exact public law section
    (C) in paragraph (2), by striking “procurement and collaborative research” and inserting “the activities described in paragraph (1)”;

  5. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(1)(D) · 136 Stat. 1366

    1. Inserted · 42 U.S.C. § 16393(a)(3)

      Pub. L. 117–167, § 10718(1)(D), inserted “facilities,” before “training”

    2. Substituted · 42 U.S.C. § 16393(a)(3)

      Pub. L. 117–167, § 10718(1)(D), substituted “the activities described in paragraph (1)” for “procurement and collaborative research activities”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 117–167, § 10718(1)(D), inserted “facilities,” before “training” and substituted “the activities described in paragraph (1)” for “procurement and collaborative research activities”.

    Enacted provision · exact public law section
    (D) in paragraph (3)— (i) by inserting “facilities,” before “training”; and (ii) by striking “procurement and collaborative research activities” and inserting “the activities described in paragraph (1)”; and

  6. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(1)(E) · 136 Stat. 1366

    Substituted · 42 U.S.C. § 16393(a)(5)

    Pub. L. 117–167, § 10718(1)(E), substituted “and metrics for the programs under subsections (b) and (c)” for “for the program under subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 117–167, § 10718(1)(E), substituted “and metrics for the programs under subsections (b) and (c)” for “for the program under subsection (b)”.

    Enacted provision · exact public law section
    (E) in paragraph (5), by striking “for the program under subsection (b)” and inserting “and metrics for the programs under subsections (b) and (c)”;

  7. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(2) · 136 Stat. 1366

    1. Added · 42 U.S.C. § 16393(c); 42 U.S.C. § 16393(d)

      Pub. L. 117–167, § 10718(2), (3), added subsec. (c)

    2. Redesignated · 42 U.S.C. § 16393(c); 42 U.S.C. § 16393(d)

      Pub. L. 117–167, § 10718(2), (3), redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 117–167, § 10718(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

  8. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10718(2) · 136 Stat. 1366

    1. Redesignated · 42 U.S.C. § 16393(e)

      Pub. L. 117–167, § 10718(2), (4), redesignated subsec. (d) as (e)

    2. Substituted · 42 U.S.C. § 16393(e)

      Pub. L. 117–167, § 10718(2), (4), substituted “for activities under subsection (b)” for “for activities under this section”

    3. Inserted · 42 U.S.C. § 16393(e)

      Pub. L. 117–167, § 10718(2), (4), inserted before period at end “and for activities under subsection (c) $25,000,000 for each of fiscal years 2023 through 2027”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–167, § 10718(2), (4), redesignated subsec. (d) as (e), substituted “for activities under subsection (b)” for “for activities under this section”, and inserted before period at end “and for activities under subsection (c) $25,000,000 for each of fiscal years 2023 through 2027”.

    Enacted provision · exact public law section
    (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

13 of 13 references resolved to an enrolled provision

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–167, § 10718(1)(A), substituted “(as defined in section 15801 of this title) and the Director of each single-purpose research facility” for “, and may require the Director of a single-purpose research facility,” in introductory provisions.

Subsec. (a)(1). Pub. L. 117–167, § 10718(1)(B), substituted “encourage” for “increase” and “research, development, demonstration, and commercial application activities, including product development,” for “collaborative research,”.

Subsec. (a)(2). Pub. L. 117–167, § 10718(1)(C), substituted “the activities described in paragraph (1)” for “procurement and collaborative research”.

Subsec. (a)(3). Pub. L. 117–167, § 10718(1)(D), inserted “facilities,” before “training” and substituted “the activities described in paragraph (1)” for “procurement and collaborative research activities”.

Subsec. (a)(5). Pub. L. 117–167, § 10718(1)(E), substituted “and metrics for the programs under subsections (b) and (c)” for “for the program under subsection (b)”.

Subsecs. (c), (d). Pub. L. 117–167, § 10718(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 117–167, § 10718(2), (4), redesignated subsec. (d) as (e), substituted “for activities under subsection (b)” for “for activities under this section”, and inserted before period at end “and for activities under subsection (c) $25,000,000 for each of fiscal years 2023 through 2027”.

Credits

2005–2022 · 2 acts
  1. 2005Pub. L. 109–58, title X, § 1003, , 119 Stat. 929
  2. 2022Pub. L. 117–167, div. B, title VI, § 10718, , 136 Stat. 1705.
Show as published

(Pub. L. 109–58, title X, § 1003, , 119 Stat. 929; Pub. L. 117–167, div. B, title VI, § 10718, , 136 Stat. 1705.)

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