---
kind: "section"
citation: "42 U.S.C. § 16393"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16393"
heading: "Small business advocacy and assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16393"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter X — Department of Energy Management"
---

# §16393. Small business advocacy and assistance

- (a) **Small business advocate—** The [Secretary](/usc/42/15801.md?p=4) shall require the [Director](/usc/42/11851.md?p=5) of each [National Laboratory](/usc/42/15801.md?p=3) (as defined in [section 15801 of this title](/usc/42/15801.md)) and the [Director](/usc/42/11851.md?p=5) of each single-purpose research facility to designate a small business advocate to—
  - (1) encourage the participation of [small business concerns](/usc/42/15801.md?p=5), including socially and economically disadvantaged [small business concerns](/usc/42/15801.md?p=5) (as defined in [section 637(a)(4) of title 15](/usc/15/637.md?p=a-4)), in procurement, research, development, demonstration, and commercial application activities, including product development, technology licensing, and technology transfer activities conducted by the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility;
  - (2) report to the [Director](/usc/42/11851.md?p=5) of the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility on the actual participation of [small business concerns](/usc/42/15801.md?p=5) in the activities described in [paragraph (1)](#a-1) along with recommendations, if appropriate, on how to improve participation;
  - (3) make available to [small business concerns](/usc/42/15801.md?p=5) facilities, training, mentoring, and information on how to participate in the activities described in [paragraph (1)](#a-1);
  - (4) increase the awareness inside the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility of the capabilities and opportunities presented by [small business concerns](/usc/42/15801.md?p=5); and
  - (5) establish guidelines and metrics for the programs under subsections [(b)](#b) and [(c)](#c) and report on the effectiveness of the program to the [Director](/usc/42/11851.md?p=5) of the [National Laboratory](/usc/42/15801.md?p=3) or single-purpose research facility.
- (b) **Establishment of small business assistance program—** The [Secretary](/usc/42/15801.md?p=4) shall require the [Director](/usc/42/11851.md?p=5) of each [National Laboratory](/usc/42/15801.md?p=3), and may require the [Director](/usc/42/11851.md?p=5) of a single-purpose research facility, to establish a program to provide [small business concerns](/usc/42/15801.md?p=5) with—
  - (1) assistance directed at making the [small business concerns](/usc/42/15801.md?p=5) more effective and efficient subcontractors or suppliers to the [National Laboratory](/usc/42/15801.md?p=3) 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](/usc/42/15801.md?p=5).
- (c) **Small business voucher program—**
  - (1) **Definitions—** In this subsection:
    - (A) **Director—** The term “[Director](/usc/42/11851.md?p=5)” means—
      - (i) the [Director](/usc/42/11851.md?p=5) of each [National Laboratory](/usc/42/15801.md?p=3); and
      - (ii) the [Director](/usc/42/11851.md?p=5) of each single-purpose research facility.
    - (B) **National Laboratory—** The term “[National Laboratory](/usc/42/15801.md?p=3)” has the meaning given the term in [section 15801 of this title](/usc/42/15801.md).
    - (C) **Program—** The term “program” means the program established under [paragraph (2)](#c-2).
    - (D) **Small business concern—** The term “[small business concern](/usc/42/15801.md?p=5)” has the meaning given such term in [section 632 of title 15](/usc/15/632.md).
  - (2) **Establishment—** The [Secretary](/usc/42/15801.md?p=4), acting through the Chief Commercialization Officer appointed under [section 16391(a) of this title](/usc/42/16391.md?p=a), and in consultation with the [Directors](/usc/42/11851.md?p=5), shall establish a program to provide [small business concerns](/usc/42/15801.md?p=5) with vouchers under [paragraph (3)](#c-3)—
    - (A) to achieve the goal described in [subsection (a)(1)](#a-1); and
    - (B) to improve the products, services, and capabilities of [small business concerns](/usc/42/15801.md?p=5) in the mission space of the [Department](/usc/42/15801.md?p=1).
  - (3) **Vouchers—** Under the program, the [Directors](/usc/42/11851.md?p=5) are authorized to provide to [small business concerns](/usc/42/15801.md?p=5) vouchers to be used at [National Laboratories](/usc/42/15801.md?p=3) and single-purpose research facilities for—
    - (A) research, development, demonstration, technology transfer, skills training and workforce development, or commercial application activities; or
    - (B) any other activities that the applicable [Director](/usc/42/11851.md?p=5) determines appropriate.
  - (4) **Expedited approval—** The [Secretary](/usc/42/15801.md?p=4), working with the [Directors](/usc/42/11851.md?p=5), shall establish a stream-lined approval process for financial assistance agreements signed between—
    - (A) [small business concerns](/usc/42/15801.md?p=5) selected to receive a voucher under the program; and
    - (B) the [National Laboratories](/usc/42/15801.md?p=3) and single-purpose research facilities.
  - (5) **Cost-sharing requirement—** In carrying out the program, the [Secretary](/usc/42/15801.md?p=4) shall require cost-sharing in accordance with [section 16352 of this title](/usc/42/16352.md).
  - (6) **Report—** In accordance with [section 16391a of this title](/usc/42/16391a.md), the [Secretary](/usc/42/15801.md?p=4) 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)](#b) may be used for direct grants to [small business concerns](/usc/42/15801.md?p=5).
- (e) **Authorization of appropriations—** There is authorized to be appropriated to the [Secretary](/usc/42/15801.md?p=4) for activities under [subsection (b)](#b) $5,000,000 for each of fiscal years 2006 through 2008 and for activities under [subsection (c)](#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.)

## Notes

### 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”.