42 U.S.C. § 16392 — Technology Infrastructure Program

Page 8888 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16392 The Research and Development, Competition, and In- novation Act, referred to in text, is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1405. Sections 10713, 10714, 10715, 10717, 10719, and 10720 of the Act are classified to sections 19301 to 19303 and 19311 to 19313 of this title, re- spectively. Section 10718 of the Act amended section 16393 of this title. Section 10723 of the Act amended sec- tions 16391 and 18861 of this title. CODIFICATION Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 2005 which comprises this chapter. AMENDMENTS 2022—Pub. L. 117–167 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (c) relating to an annual report, evaluation, and report on technology transfer gaps, respectively. § 16392. Technology Infrastructure Program (a) Definitions In this section: (1) Program The term ‘‘Program’’ means the Technology Infrastructure Program established under sub- section (b). (2) Technology cluster The term ‘‘technology cluster’’ means a con- centration of technology-related business con- cerns, institutions of higher education, or non- profit institutions, that reinforce each other’s performance in the areas of technology devel- opment through formal or informal relation- ships. (3) Technology-related business concern The term ‘‘technology-related business con- cern’’ means a for-profit corporation, com- pany, association, firm, partnership, or small business concern that— (A) conducts scientific or engineering re- search; (B) develops new technologies; (C) manufactures products based on new technologies; or (D) performs technological services. (b) Establishment The Secretary shall establish a Technology In- frastructure Program in accordance with this section. (c) Purpose The purpose of the Program shall be to im- prove the ability of National Laboratories and single-purpose research facilities to support de- partmental missions by— (1) stimulating the development of tech- nology clusters that can support departmental missions at the National Laboratories or sin- gle-purpose research facilities; (2) improving the ability of National Labora- tories and single-purpose research facilities to leverage and benefit from commercial re- search, technology, products, processes, and services; and (3) encouraging the exchange of scientific and technological expertise between— (A) National Laboratories or single-pur- pose research facilities; and (B) entities that can support departmental missions at the National Laboratories or single-purpose research facilities, such as— (i) institutions of higher education; (ii) technology-related business con- cerns; (iii) nonprofit institutions; and (iv) agencies of State, tribal, or local governments. (d) Projects The Secretary shall authorize the director of each National Laboratory or single-purpose re- search facility to implement the Program at the National Laboratory or facility through one or more projects that meet the requirements of subsections (e) and (f). (e) Program requirements (1) In general Each project funded under this section shall meet the requirements of this subsection. (2) Entities Each project shall include at least one of each of the following entities: (A) A business. (B) An institution of higher education. (C) A nonprofit institution. (D) An agency of a State, local, or tribal government. (3) Cost-sharing (A) In general The costs of carrying out projects under this section shall be shared in accordance with section 16352 of this title. (B) Sources The calculation of costs paid by the non- Federal sources for a project shall include cash, personnel, services, equipment, and other resources expended on the project after the commencement of the project. (C) Research and development expenses Independent research and development ex- penses of Government contractors that qual- ify for reimbursement under section 31.205–18(e) of title 48, Code of Federal Regu- lations, issued pursuant to section 1303(a)(1) of title 41, may be credited towards costs paid by non-Federal sources to a project, if the expenses meet the other requirements of this section. (4) Competitive selection A project under this section shall be com- petitively selected using procedures deter- mined by the Secretary. (5) Accounting Any participant that receives funds under this section may use generally accepted ac- counting principles for maintaining accounts, books, and records relating to the project. (6) Duration No Federal funds shall be made available under this section for a construction project or for any project with a duration of more than 5 years. (f) Selection criteria (1) Departmental missions The Secretary shall allocate funds under this section only if the Director of the Na- Page 8889 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16393 tional Laboratory or single-purpose research facility managing the project determines that the project is likely to improve the ability of the National Laboratory or single-purpose re- search facility to achieve technical success in meeting departmental missions. (2) Other criteria In selecting a project to receive Federal funds, the Secretary shall consider— (A) the potential of the project to promote the development of a commercially sustain- able technology cluster following the period of investment by the Department, which will derive most of the demand for its products or services from the private sector, and which will support departmental missions at the participating National Laboratory or single-purpose research facility; (B) the potential of the project to promote the use of commercial research, technology, products, processes, and services by the par- ticipating National Laboratory or single- purpose research facility to achieve its mis- sion or the commercial development of tech- nological innovations made at the partici- pating National Laboratory or single-pur- pose research facility; (C) the extent to which the project in- volves a wide variety and number of institu- tions of higher education, nonprofit institu- tions, and technology-related business con- cerns that can support the missions of the participating National Laboratory or single- purpose research facility and that will make substantive contributions to achieving the goals of the project; (D) the extent to which the project focuses on promoting the development of tech- nology-related business concerns that are small businesses or involves such small busi- nesses substantively in the project; and (E) such other criteria as the Secretary de- termines to be appropriate. (g) Allocation In allocating funds for projects approved under this section, the Secretary shall provide— (1) the Federal share of the project costs; and (2) additional funds to the National Labora- tory or single-purpose research facility man- aging the project to permit the National Lab- oratory or single-purpose research facility to carry out activities relating to the project, and to coordinate the activities with the project. (h) Report to Congress Not later than July 1, 2008, the Secretary shall submit to Congress a report on whether the Pro- gram should be continued and, if so, how the program should be managed. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary for activities under this section $10,000,000 for each of fiscal years 2006 through 2008. (Pub. L. 109–58, title X, § 1002, Aug. 8, 2005, 119 Stat. 927.) Editorial Notes CODIFICATION In subsec. (e)(3)(C), ‘‘section 1303(a)(1) of title 41’’ sub- stituted for ‘‘section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))’’ on au- thority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. § 16393. Small business advocacy and assistance (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 sin- gle-purpose research facility to designate a small business advocate to— (1) encourage the participation of small busi- ness concerns, including socially and economi- cally disadvantaged small business concerns (as defined in section 637(a)(4) of title 15), in procurement, research, development, dem- onstration, and commercial application activi- ties, including product development, tech- nology licensing, and technology transfer ac- tivities 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 para- graph (1) along with recommendations, if ap- propriate, on how to improve participation; (3) make available to small business con- cerns facilities, training, mentoring, and in- formation on how to participate in the activi- ties described in paragraph (1); (4) increase the awareness inside the Na- tional 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 re- port 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 facili- ties; 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 Labora- tory; and (ii) the Director of each single-purpose research facility.