§2513. Regional technology alliances assistance program

(a) Establishment of Program.-The Secretary of Defense, in consultation and coordination with the Secretary of Commerce, shall conduct a program to further the national security objectives set forth in section 2501(a) of this title by providing assistance for the activities of eligible regional technology alliances in the United States.

(b) Eligible Alliances.-A regional technology alliance is eligible for assistance under the program if-

(1) the purpose of the regional technology alliance is to facilitate the use of one or more defense critical technologies for defense and commercial purposes by an industry in the region served by that regional technology alliance in order to maintain within the United States industrial capabilities that are vital to the national security of the United States; and

(2) the regional technology alliance meets the other requirements of this section.

(c) Program Participants.-(1) The participants in a regional technology alliance-

(A) shall include-

(i) eligible firms that conduct business in the region of the United States served or to be served by the regional technology alliance; and

(ii) a sponsoring agency in such region; and

(B) may include other organizations considered appropriate by the Secretary of Defense.

(2)(A) A sponsoring agency of a regional technology alliance may be any agency described in subparagraph (B) that, as determined by the Secretary, provides adequate assurances that it will-

(i) meet the financial requirement in subsection (e); and

(ii) provide assistance in the management of the regional technology alliance.

(B) An agency referred to in subparagraph (A) is any of the following:

(i) An agency of a State or local government.

(ii) A nonprofit organization established, or performing functions, pursuant to an agreement entered into by one or more States or local governments.

(iii) A membership organization in which a State or local government is a member.

(iv) An institution of higher education designated by a State or local government.

(d) Assistance Authorized.-(1) Under the program, the Secretary may provide-

(A) financial assistance for the activities of a regional technology alliance (including, in the case of a proposed regional technology alliance, the establishment of such regional technology alliance) in any amount not in excess of 50 percent of the cost of conducting such activities (including the cost of establishing a proposed regional technology alliance) during the period covered by the financial assistance; and

(B) technical assistance for the activities (and, in the case of a proposed regional technology alliance, the establishment) of a regional technology alliance awarded financial assistance authorized by subparagraph (A).

(2) The Secretary may not provide financial assistance under the program for construction of facilities.

(3) The Secretary may furnish assistance to a regional technology alliance under the program for not more than six years.

(e) Financial Contributions of Alliance Participants.-(1) The sponsoring agency of a regional technology alliance and the eligible firms participating in the regional technology alliance shall pay at least 50 percent of the total cost incurred each year for the activities of the regional technology alliance. Funds contributed for the activities of the regional technology alliance by institutions of higher education or private, nonprofit organizations participating in the regional technology alliance shall be considered as funds contributed by the sponsoring agency.

(2) If the right to use or license the results of any research and development activity of a regional technology alliance is limited by participants in the regional technology alliance to one or more, but less than one-half, of the eligible firms participating in the regional technology alliance, the non-Federal Government participants in the regional technology alliance shall pay the total cost incurred for such activity.

(3) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a regional technology alliance for the purpose of calculating the share of the costs that has been or is being undertaken by such participants. In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of a regional technology alliance. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the regional technology alliance from non-Federal sources.

(4) The Secretary shall consider a proposal for a regional technology alliance that is submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated costs of the alliance. Upon the selection of a proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in which to arrange to meet its financial commitment requirements under the regional technology alliance from sources other than a person of a foreign country. If the Secretary determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated costs, the Secretary shall revoke the selection of the proposal submitted by the small business concern.

(f) Management Plan.-A regional technology alliance shall operate under a management plan that includes provisions for the eligible firms participating in the regional technology alliance to have the primary responsibility for directing the activities of the regional technology alliance and to exercise that responsibility through, among any other means, majority voting membership of such firms on the board of directors of the regional technology alliance.

(g) Administration of Program.-The Secretary shall prescribe regulations that, to the extent practicable, apply the same requirements and authorities in the administration of this section as apply under subsections (d) and (e) of section 2511 of this title in the case of the dual-use critical technologies partnerships program provided for in that section.

(h) Selection Criteria.-The criteria for selection of a regional technology alliance to receive financial assistance under this section shall include the following:

(1) The potential for the activities of the regional technology alliance to result in-

(A) increased availability of technology for the enhancement of national security; and

(B) the emergence in such region of new firms that are capable of applying dual-use critical technologies.

(2) The potential for the regional technology alliance to be able to apply critical technology research and development supported or conducted by Federal laboratories and institutions of higher education in the advancement of national security interests of the United States.

(3) The potential for the regional technology alliance to sustain itself through support from industry and other non-Federal Government sources after termination of the Federal assistance provided pursuant to this section.

(4) The level of involvement of appropriate State and local agencies, institutions of higher education, and private, nonprofit entities in the regional technology alliance.

(5) The potential for the regional technology alliance to increase industrial competitiveness.

(6) The potential for the regional technology alliance to meet the needs of small- and medium-sized defense-dependent companies across multiple activity areas including-

(A) outreach;

(B) manufacturing education and training;

(C) technology development;

(D) technology deployment; and

(E) business counseling.

(7) Such other criteria as the Secretary prescribes.

(Added Pub. L. 102–190, div. A, title VIII, §821(a), Dec. 5, 1991, 105 Stat. 1428 , §2524; renumbered §2513 and amended Pub. L. 102–484, div. D, title XLII, §4223(a)–(f), Oct. 23, 1992, 106 Stat. 2681 ; Pub. L. 103–35, title II, §201(d)(3), (e)(1), May 31, 1993, 107 Stat. 99 ; Pub. L. 103–160, div. A, title XI, §1182(g)(2), title XIII, §§1315(c), 1316, Nov. 30, 1993, 107 Stat. 1774 , 1787, 1789; Pub. L. 103–337, div. A, title XI, §1115(c), Oct. 5, 1994, 108 Stat. 2868 .)

Prior Provisions

A prior section 2513, added Pub. L. 101–510, div. A, title VIII, §823(a)(3), Nov. 5, 1990, 104 Stat. 1601 ; amended Pub. L. 102–190, div. A, title II, §203(c), Dec. 5, 1991, 105 Stat. 1314 , required annual National Defense Manufacturing Technology Plan, prior to repeal by Pub. L. 102–484, §4202(a).

Amendments

1994-Subsec. (e)(4). Pub. L. 103–337 added par. (4).

1993-Subsec. (b). Pub. L. 103–35, §201(e)(1)(A), substituted "Alliances" for "Centers" in heading.

Subsec. (c)(2)(B)(ii). Pub. L. 103–160, §1182(g)(2), substituted "one or more" for "two or more".

Subsec. (c)(2)(B)(iii), (iv). Pub. L. 103–35, §201(d)(3), added cl. (iv) and struck out second cl. (iii) which read as follows: "an institution of higher education designated by a State or local government."

Subsec. (e). Pub. L. 103–35, §201(e)(1)(B), substituted "Alliance" for "Center" in heading.

Subsec. (e)(3). Pub. L. 103–160, §1315(c), added par. (3).

Subsec. (h)(5) to (7). Pub. L. 103–160, §1316, added pars. (5) and (6) and redesignated former par. (5) as (7).

1992-Pub. L. 102–484, §4223(a), (b)(2), renumbered section 2524 of this title as this section and substituted "Regional technology alliances" for "Critical technology application centers" in section catchline.

Subsec. (a). Pub. L. 102–484, §4223(b)(1)(A), (c), substituted "further the national security objectives set forth in section 2501(a) of this title by providing" for "provide" and "regional technology alliances" for "regional critical technology application centers".

Subsec. (b). Pub. L. 102–484, §4223(b)(1)(B), (C), substituted "technology alliance" for "critical technology application center" in introductory provisions and "regional technology alliance" for "center" wherever appearing in pars. (1) and (2).

Subsec. (c)(1). Pub. L. 102–484, §4223(b)(1)(C), substituted "regional technology alliance" for "critical technology application center" in introductory provisions and for "center" in subpar. (A)(i).

Subsec. (c)(2)(A). Pub. L. 102–484, §4223(b)(1)(C), substituted "regional technology alliance" for "center" in introductory provisions and in cl. (ii).

Subsec. (c)(2)(B)(iii). Pub. L. 102–484, §4223(d), added cl. (iii) relating to an institution of higher education.

Subsec. (d). Pub. L. 102–484, §4223(b)(1)(C), (e)(1), substituted "a regional technology alliance" for "a critical technology application center" in pars. (1)(A) and (3), "50 percent" for "30 percent" in par. (1)(A), and "regional technology alliance" for "center" wherever appearing in par. (1).

Subsec. (e). Pub. L. 102–484, §4223(b)(1)(C), (e)(2), in par. (1) substituted "a regional technology alliance" for "a critical technology application center", "50 percent" for "70 percent", and "the regional technology alliance" for "the center" wherever appearing, and in par. (2) substituted "regional technology alliance" for "center" wherever appearing.

Subsec. (f). Pub. L. 102–484, §4223(b)(1)(C), substituted "A regional technology alliance" for "A critical technology application center" and "the regional technology alliance" for "the center" wherever appearing.

Subsec. (g). Pub. L. 102–484, §4223(f), substituted "2511" for "2523".

Subsec. (h). Pub. L. 102–484, §4223(b)(1)(C), substituted "regional technology alliance" for "center" wherever appearing.

Application of 1993 Amendments to Existing Technology Reinvestment Projects

Amendment by section 1315(c) of Pub. L. 103–160 not to alter financial commitment requirements in effect on the day before Nov. 30, 1993, for non-Federal Government participants in a project funded under section 2511, 2512, 2513, 2523, or 2524 of this title, using funds appropriated for a fiscal year beginning before Oct. 1, 1993, see section 1315(g) of Pub. L. 103–160, set out as a note under section 2511 of this title.