42 U.S.C. § 16393 — Small business advocacy and assistance
submitted 21 years ago by Pub. L. 109-58 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 674 words · no verdicts yet
Each National Laboratory must name a small business advocate to boost small business involvement. Labs must help small businesses become better suppliers, and may give them technical assistance. A voucher program lets qualifying small businesses use lab services, funded by Congress.
(a) Small business advocate: The Secretary* must require the director of each National Laboratory (as defined in section 15801) and each single-purpose research facility to designate a small business advocate. That advocate must: encourage small business concerns — including socially and economically disadvantaged ones, as defined in 15 U.S.C. § 637(a)(4) — to participate in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer; report to the director on how small businesses are actually participating, with improvement recommendations where appropriate; make facilities, training, mentoring, and participation information available to small businesses; raise awareness inside the lab of what small businesses can offer; and establish guidelines and metrics for the programs in subsections (b) and (c), and report on their effectiveness to the director.
(b) Establishment of small business assistance program: The Secretary must require each National Laboratory director (and may require single-purpose research facility directors) to establish a program giving small business concerns either assistance to become more effective and efficient subcontractors or suppliers to the lab, or general technical assistance — capped at $10,000 per instance — to improve their products or services.
(c) Small business voucher program: Definitions here: "Director" means the director of each National Laboratory or single-purpose research facility; "National Laboratory" has the meaning given in section 15801; "program" means the voucher program established under paragraph (2); and "small business concern" has the meaning given in 15 U.S.C. § 632. Establishment: The Secretary — acting through the Chief Commercialization Officer appointed under section 16391(a), consulting with the Directors — must establish a program providing vouchers to small business concerns, to achieve the goal in subsection (a)(1) and to improve small businesses' products, services, and capabilities in the Department's mission space. Vouchers: Under the program, Directors may give small business concerns vouchers usable 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 the applicable Director determines appropriate. Expedited approval: The Secretary, working with the Directors, must establish a streamlined approval process for financial assistance agreements between selected small businesses and the labs or facilities. Cost-sharing* requirement: The program must follow the cost-sharing requirements of section 16352. Report: In accordance with section 16391a, the Secretary must report annually on the voucher program's progress and implementation, including the number and locations of small businesses that received grants.
(d) Use of funds: None of the funds spent under subsection (b) may be used for direct grants to small business concerns.
(e) Authorization of appropriations: Congress may provide $5,000,000 per year for fiscal years 2006 through 2008 for subsection (b) activities, and $25,000,000 per year for fiscal years 2023 through 2027 for subsection (c) activities.
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.
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.
In this subsection:
The term “Director” means—
the Director of each National Laboratory; and
the Director of each single-purpose research facility.
The term “National Laboratory” has the meaning given the term in section 15801 of this title.
The term “program” means the program established under paragraph (2).
The term “small business concern” has the meaning given such term in section 632 of title 15.
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.
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.
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.
In carrying out the program, the Secretary shall require cost-sharing in accordance with section 16352 of this title.
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.
None of the funds expended under subsection (b) may be used for direct grants to small business concerns.
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.
Source credit: (Pub. L. 109–58, title X, § 1003, Aug. 8, 2005, 119 Stat. 929; Pub. L. 117–167, div. B, title VI, § 10718, Aug. 9, 2022, 136 Stat. 1705.)
- 2005Enacted · Pub. L. 109-58 · 119 Stat. 929
- 2022Amended · Pub. L. 117-167 · 136 Stat. 1705
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.
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