---
kind: "section"
citation: "42 U.S.C. § 16392"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16392"
heading: "Technology Infrastructure Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16392"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter X — Department of Energy Management"
---

# §16392. Technology Infrastructure Program

- (a) **Definitions—** In this section:
  - (1) **Program—** The term “Program” means the Technology Infrastructure Program established under [subsection (b)](#b).
  - (2) **Technology cluster—** The term “technology cluster” means a concentration of technology-related business concerns, institutions of higher education, or [nonprofit](/usc/42/300s–3.md?p=3) institutions, that reinforce each other’s performance in the areas of technology development through formal or informal relationships.
  - (3) **Technology-related business concern—** The term “technology-related business concern” means a for-profit [corporation](/usc/42/2297h.md?p=2), [company](/usc/42/16451.md?p=4), association, firm, partnership, or [small business concern](/usc/42/15801.md?p=5) that—
    - (A) conducts scientific or engineering research;
    - (B) develops new technologies;
    - (C) manufactures products based on new technologies; or
    - (D) performs technological services.
- (b) **Establishment—** The [Secretary](/usc/42/15801.md?p=4) shall establish a Technology Infrastructure Program in accordance with this section.
- (c) **Purpose—** The purpose of the Program shall be to improve the ability of [National Laboratories](/usc/42/15801.md?p=3) and single-purpose research facilities to support departmental missions by—
  - (1) stimulating the development of technology clusters that can support departmental missions at the [National Laboratories](/usc/42/15801.md?p=3) or single-purpose research facilities;
  - (2) improving the ability of [National Laboratories](/usc/42/15801.md?p=3) and single-purpose research facilities to leverage and benefit from commercial research, technology, products, processes, and services; and
  - (3) encouraging the exchange of scientific and technological expertise between—
    - (A) [National Laboratories](/usc/42/15801.md?p=3) or single-purpose research facilities; and
    - (B) entities that can support departmental missions at the [National Laboratories](/usc/42/15801.md?p=3) or single-purpose research facilities, such as—
      - (i) institutions of higher education;
      - (ii) technology-related business concerns;
      - (iii) [nonprofit](/usc/42/300s–3.md?p=3) institutions; and
      - (iv) [agencies](/usc/42/8262.md?p=1) of [State](/usc/42/15951.md?p=b-2), tribal, or local governments.
- (d) **Projects—** The [Secretary](/usc/42/15801.md?p=4) shall authorize the [director](/usc/42/11851.md?p=5) of each [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility to implement the Program at the [National Laboratory](/usc/42/15801.md?p=3) or facility through one or more [projects](/usc/42/16371.md?p=12) that meet the requirements of subsections [(e)](#e) and [(f)](#f).
- (e) **Program requirements—**
  - (1) **In general—** Each [project](/usc/42/16371.md?p=12) funded under this section shall meet the requirements of this subsection.
  - (2) **Entities—** Each [project](/usc/42/16371.md?p=12) shall include at least one of each of the following entities:
    - (A) A business.
    - (B) An [institution of higher education](/usc/42/15801.md?p=2-A).
    - (C) A [nonprofit](/usc/42/300s–3.md?p=3) institution.
    - (D) An [agency](/usc/42/8262.md?p=1) of a [State](/usc/42/15951.md?p=b-2), local, or tribal government.
  - (3) **Cost-sharing—**
    - (A) **In general—** The costs of carrying out [projects](/usc/42/16371.md?p=12) under this section shall be shared in accordance with [section 16352 of this title](/usc/42/16352.md).
    - (B) **Sources—** The calculation of costs paid by the non-Federal sources for a [project](/usc/42/16371.md?p=12) shall include cash, personnel, services, equipment, and other resources expended on the [project](/usc/42/16371.md?p=12) after the commencement of the [project](/usc/42/16371.md?p=12).
    - (C) **Research and development expenses—** Independent research and development expenses of Government contractors that qualify for reimbursement under section 31.205–18(e) of title 48, Code of Federal Regulations, issued pursuant to [section 1303(a)(1) of title 41](/usc/41/1303.md?p=a-1), may be credited towards costs paid by non-Federal sources to a [project](/usc/42/16371.md?p=12), if the expenses meet the other requirements of this section.
  - (4) **Competitive selection—** A [project](/usc/42/16371.md?p=12) under this section shall be competitively selected using procedures determined by the [Secretary](/usc/42/15801.md?p=4).
  - (5) **Accounting—** Any participant that receives funds under this section may use generally accepted accounting principles for maintaining accounts, books, and records relating to the [project](/usc/42/16371.md?p=12).
  - (6) **Duration—** No Federal funds shall be made available under this section for a [construction](/usc/42/300s–3.md?p=7) [project](/usc/42/16371.md?p=12) or for any [project](/usc/42/16371.md?p=12) with a duration of more than 5 years.
- (f) **Selection criteria—**
  - (1) **Departmental missions—** The [Secretary](/usc/42/15801.md?p=4) shall allocate funds under this section only if the [Director](/usc/42/11851.md?p=5) of the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility managing the [project](/usc/42/16371.md?p=12) determines that the [project](/usc/42/16371.md?p=12) is likely to improve the ability of the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility to achieve technical success in meeting departmental missions.
  - (2) **Other criteria—** In selecting a [project](/usc/42/16371.md?p=12) to receive Federal funds, the [Secretary](/usc/42/15801.md?p=4) shall consider—
    - (A) the potential of the [project](/usc/42/16371.md?p=12) to promote the development of a commercially sustainable technology cluster following the period of investment by the [Department](/usc/42/15801.md?p=1), 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](/usc/42/15801.md?p=3) or single-purpose research facility;
    - (B) the potential of the [project](/usc/42/16371.md?p=12) to promote the use of commercial research, technology, products, processes, and services by the participating [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility to achieve its mission or the commercial development of technological innovations made at the participating [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility;
    - (C) the extent to which the [project](/usc/42/16371.md?p=12) involves a wide variety and number of institutions of higher education, [nonprofit](/usc/42/300s–3.md?p=3) institutions, and technology-related business concerns that can support the missions of the participating [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility and that will make substantive contributions to achieving the goals of the [project](/usc/42/16371.md?p=12);
    - (D) the extent to which the [project](/usc/42/16371.md?p=12) focuses on promoting the development of technology-related business concerns that are small businesses or involves such small businesses substantively in the [project](/usc/42/16371.md?p=12); and
    - (E) such other criteria as the [Secretary](/usc/42/15801.md?p=4) determines to be appropriate.
- (g) **Allocation—** In allocating funds for [projects](/usc/42/16371.md?p=12) approved under this section, the [Secretary](/usc/42/15801.md?p=4) shall provide—
  - (1) the Federal share of the [project](/usc/42/16371.md?p=12) costs; and
  - (2) additional funds to the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility managing the [project](/usc/42/16371.md?p=12) to permit the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility to carry out activities relating to the [project](/usc/42/16371.md?p=12), and to coordinate the activities with the [project](/usc/42/16371.md?p=12).
- (h) **Report to Congress—** Not later than July 1, 2008, the [Secretary](/usc/42/15801.md?p=4) shall submit to Congress a report on whether the Program 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](/usc/42/15801.md?p=4) for activities under this section $10,000,000 for each of fiscal years 2006 through 2008.

## Source credit

(Pub. L. 109–58, title X, § 1002, Aug. 8, 2005, 119 Stat. 927.)

## Notes

### Editorial Notes

### Codification

In subsec. (e)(3)(C), “section 1303(a)(1) of title 41” substituted for “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.