CONSISTENCY IN FINANCIAL COMMITMENT REQUIREMENTS OF NON-FEDERAL GOVERNMENT PARTICIPANTS IN TECHNOLOGY REINVESTMENT PROJECTS.

SEC. 1315. CONSISTENCY IN FINANCIAL COMMITMENT REQUIREMENTS OF NON-FEDERAL GOVERNMENT PARTICIPANTS IN TECHNOLOGY REINVESTMENT PROJECTS. (a) Defense Dual-Use Critical Technology Partnerships.—Section 2511(c) of title 10, United States Code, is amended to read as follows: “(c) Financial Commitment of Non-Federal Government Participants.—(1) The Secretary of Defense shall ensure that the amount of funds provided by the Federal Government to a partnership does not exceed 50 percent of the total cost of partnership activities. “(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of calculating the share of the partnership 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 partnership activities. 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 partnership from non-Federal sources.”. (b) Commercial-Military Integration Partnerships.—Section 2512(c)(3) of such title is amended by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraph: “(B) 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 partnership activities. Any such funds so used may be considered m 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 partnership from non- Federal sources.”. (c) Regional Technology Alliances Assistance Program.—Section 2513(e) of such title is amended by adding at the end the following new paragraph: “(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.”. (d) Manufacturing Extension Programs.—Section 2523(b)(3) of such title is amended— 107 STAT. 1788 (1) in subparagraph (A), by striking out the first sentence and inserting in lieu thereof the following: “The Secretary shall ensure that the amount of financial assistance furnished by the Federal Government to a manufacturing extension program under this subsection may not exceed 50 percent of the total cost of the program.”; and (2) by adding at the end the following new subparagraph: “(D) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a manufacturing extension program 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 the program. 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 program from non-Federal sources.”. (e) Defense Dual-Use Assistance Extension Program.—Section 2524(d) of such title is amended to read as follows: “(d) Financial Commitment of Non-Federal Government Participants.—(1) The Secretary shall ensure that the amount of funds provided by the Secretary to a program under this section does not exceed 50 percent of the total cost of the program. “(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a program under this section 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 the program. 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 program from non-Federal sources.”. (f) Definitions.—Section 2491 of such title is amended by adding at the end the following new paragraphs: “(13) The term ‘Small Business Innovation Research Program’ means the program established under the following provisions of section 9 of the Small Business Act (15 U.S.C. 638): “(A) Paragraphs (4) through (7) of subsection (b). “(B) Subsections (e) through (1). “(14) The term ‘Small Business Technology Transfer Program’ means the program established under the following provisions of such section: “(A) Paragraphs (4) through (7) of subsection (b). “(B) Subsections (e) and (n) through (p). “(15) The term ‘significant equity percentage’ means— “(A) a level of contribution and participation sufficient, when compared to the other non-Federal participants in the partnership or other cooperative arrangement involved, 107 STAT. 1789to demonstrate a comparable long-term financial commitment to the product or process development involved; and “(B) any other criteria the Secretary may consider necessary to ensure an appropriate equity mix among the participants.”. (g) Application of Amendments to Existing Projects.—In the case of a project funded under section 2511, 2512, 2513, 2523, or 2524 of title 10, United States Code, using funds appropriated for a fiscal year beginning before October 1, 1993, the amendments made by this section shall not alter the financial commitment requirements in effect on the day before the date of the enactment of this Act for the non-Federal Government participants in the project.