Title 42 — The Public Health and Welfare
Chapter 149 — National Energy Policy and Programs
§ 16393. Small business advocacy and assistance
Statutory text
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—
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;
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;
make available to small business concerns facilities, training, mentoring, and information on how to participate in the activities described in paragraph (1);
increase the awareness inside the National Laboratory or single-purpose research facility of the capabilities and opportunities presented by small business concerns; and
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.
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—
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
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.
Small business voucher program
Definitions
In this subsection:
Director
The term “Director” means—
the Director of each National Laboratory; and
the Director of each single-purpose research facility.
National Laboratory
The term “National Laboratory” has the meaning given the term in section 15801 of this title.
Program
The term “program” means the program established under paragraph (2).
Small business concern
The term “small business concern” has the meaning given such term in section 632 of title 15.
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)—
to achieve the goal described in subsection (a)(1); and
to improve the products, services, and capabilities of small business concerns in the mission space of the Department.
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—
research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or
any other activities that the applicable Director determines appropriate.
Expedited approval
The Secretary, working with the Directors, shall establish a stream-lined approval process for financial assistance agreements signed between—
small business concerns selected to receive a voucher under the program; and
the National Laboratories and single-purpose research facilities.
Cost-sharing requirement
In carrying out the program, the Secretary shall require cost-sharing in accordance with section 16352 of this title.
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.
Use of funds
None of the funds expended under subsection (b) may be used for direct grants to small business concerns.
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.
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. 929Enacted 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.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”;Research and Development, Competition, and Innovation Act
Pub. L. 117–167 § 10718(1)(B) · 136 Stat. 1366
Substituted · 42 U.S.C. § 16393(a)(1)
Pub. L. 117–167, § 10718(1)(B), substituted “encourage” for “increase”
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,”;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)”;Research and Development, Competition, and Innovation Act
Pub. L. 117–167 § 10718(1)(D) · 136 Stat. 1366
Inserted · 42 U.S.C. § 16393(a)(3)
Pub. L. 117–167, § 10718(1)(D), inserted “facilities,” before “training”
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)”; andResearch 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)”;Research and Development, Competition, and Innovation Act
Pub. L. 117–167 § 10718(2) · 136 Stat. 1366
Added · 42 U.S.C. § 16393(c); 42 U.S.C. § 16393(d)
Pub. L. 117–167, § 10718(2), (3), added subsec. (c)
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;Research and Development, Competition, and Innovation Act
Pub. L. 117–167 § 10718(2) · 136 Stat. 1366
Redesignated · 42 U.S.C. § 16393(e)
Pub. L. 117–167, § 10718(2), (4), redesignated subsec. (d) as (e)
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”
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
- 2005Pub. L. 109–58, title X, § 1003, , 119 Stat. 929
- 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.)