Title 42, The Public Health and WelfareRelease 119-110

§16393 Small Business Advocacy and Assistance

Title 42 › CHAPTER 149 — NATIONAL ENERGY POLICY AND PROGRAMS › SUBCHAPTER X — DEPARTMENT OF ENERGY MANAGEMENT › § 16393

Last updated Sep 22, 2026|Official source

Summary

Requires the Secretary to have each National Laboratory and each single-purpose research facility name a small business advocate. The advocate must push for more small business involvement (including socially and economically disadvantaged firms) in buying, research, development, demonstrations, product work, licensing, and tech transfer. The advocate must report to the lab director about how many small businesses take part and how to improve that. The advocate must give small businesses access to facilities, training, mentoring, and information. The advocate must raise internal awareness of small business capabilities and set rules and measures for these efforts. Requires each National Laboratory director (and lets single-purpose facility directors do so) to run a small business help program. That program can make small businesses better subcontractors or give technical help up to $10,000 per instance. The Secretary must also set up a voucher program through the Chief Commercialization Officer, with lab directors, to give vouchers for work at labs (research, development, demos, tech transfer, training, workforce development, commercialization, or other uses a director approves). The program must have a fast approval process, require cost-sharing under section 16352, and include an annual report under section 16391a listing progress and the number and locations of businesses helped. Funds for the help program cannot be used as direct grants. Authorized money: $5,000,000 for each fiscal year 2006–2008 for the help program, and $25,000,000 for each fiscal year 2023–2027 for the voucher program. Definitions (one line each): Director — the director of each National Laboratory and each single-purpose research facility; National Laboratory — as defined in law; Small business concern — as defined in law.

Full Legal Text

Title 42, §16393

The Public Health and Welfare, Source: USLM XML via OLRC

(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 (B) National Laboratory
(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)
(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

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16393

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110