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15 U.S.C. 636 (U.S. Code, current edition)

Summary

The U.S. Code text of 15 U.S.C. § 636, Additional powers, in Title 15—Commerce and Trade, preceded by § 635 on deposit of moneys of the Administration. Subsection (a) empowers the Administration, to the extent and in such amounts as provided in advance in appropriation Acts, to make loans to any qualified small business concern. It bars financial assistance under the subsection if the applicant can obtain credit elsewhere and lets the Administrator verify an applicant's criminal background. It sets participation in deferred-basis loans at 75 percent of the balance outstanding if it exceeds $150,000 and 85 percent if it is less than or equal to $150,000.

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“15 U.S.C. 636 (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-636-u-s-code-current-edition-2a0606e2d7/, SHA-256 a82d5f9d2a379cb286bb1489cece0adee177d17afabe79b11d006023bec1366f.

Full text

Page 803                               TITLE 15—COMMERCE AND TRADE                                           § 636

(Pub. L. 94–305, title II, § 207, as added Pub. L.               operation with banks or other financial institu-
111–240, title I, § 1602(b), Sept. 27, 2010, 124 Stat.           tions through agreements to participate on an
2551.)                                                           immediate or deferred (guaranteed) basis. These
                                                                 powers shall be subject, however, to the fol-
                      Editorial Notes                            lowing restrictions, limitations, and provisions:
                       CODIFICATION
                                                                     (1) IN GENERAL.—
                                                                       (A) CREDIT ELSEWHERE.—
  Section was not enacted as part of the Small Busi-                      (i) IN GENERAL.—The Administrator has
ness Act which comprises this chapter.                                 the authority to direct, and conduct over-
                     PRIOR PROVISIONS                                  sight for, the methods by which lenders de-
                                                                       termine whether a borrower is able to ob-
   A prior section 634g, Pub. L. 94–305, title II, § 207, June
                                                                       tain credit elsewhere. No financial assist-
4, 1976, 90 Stat. 671, related to authorization of appro-
priations, prior to repeal by Pub. L. 111–240, title I,                ance shall be extended pursuant to this
§ 1602(b), Sept. 27, 2010, 124 Stat. 2551.                             subsection if the applicant can obtain
                                                                       credit elsewhere. No immediate participa-
§ 635.   Deposit    of  moneys;     depositaries,                      tion may be purchased unless it is shown
    custodians, and fiscal agents; contributions                       that a deferred participation is not avail-
    to employees’ compensation funds                                   able; and no direct financing may be made
                                                                       unless it is shown that a participation is
  (a) All moneys of the Administration not oth-
                                                                       not available.
erwise employed may be deposited with the
                                                                          (ii) LIQUIDITY.—On and after October 1,
Treasury of the United States subject to check
                                                                       2015, the Administrator may not guarantee
by authority of the Administration. The Federal
                                                                       a loan under this subsection if the lender
Reserve banks are authorized and directed to
                                                                       determines that the borrower is unable to
act as depositaries, custodians, and fiscal agents
                                                                       obtain credit elsewhere solely because the
for the Administration in the general perform-
                                                                       liquidity of the lender depends upon the
ance of its powers conferred by this chapter.
                                                                       guaranteed portion of the loan being sold
Any banks insured by the Federal Deposit Insur-
                                                                       on the secondary market.
ance Corporation, when designated by the Sec-
retary of the Treasury, shall act as custodians                       (B) BACKGROUND CHECKS.—Prior to the ap-
and financial agents for the Administration.                        proval of any loan made pursuant to this
Each Federal Reserve bank, when designated by                       subsection, or section 503 of the Small Busi-
the Administrator as fiscal agent for the Admin-                    ness Investment Act of 1958 [15 U.S.C. 697],
istration, shall be entitled to be reimbursed for                   the Administrator may verify the appli-
all expenses incurred as such fiscal agent.                         cant’s criminal background, or lack thereof,
  (b) The Administrator shall contribute to the                     through the best available means, including,
employees’ compensation fund, on the basis of                       if possible, use of the National Crime Infor-
annual billings as determined by the Secretary                      mation Center computer system at the Fed-
of Labor, for the benefit payments made from                        eral Bureau of Investigation.
such fund on account of employees engaged in                          (C) LENDING LIMITS OF LENDERS.—On and
carrying out functions financed by the revolving                    after October 1, 2015, the Administrator may
fund established by section 633(c) of this title.                   not guarantee a loan under this subsection if
The annual billings shall also include a state-                     the sole purpose for requesting the guar-
ment of the fair portion of the cost of the ad-                     antee is to allow the lender to exceed the
ministration of such fund, which shall be paid                      legal lending limit of the lender.
by the Administrator into the Treasury as mis-                      (2) LEVEL OF PARTICIPATION IN GUARANTEED
cellaneous receipts.                                              LOANS.—
(Pub. L. 85–536, § 2[6], July 18, 1958, 72 Stat. 387.)                (A) IN GENERAL.—Except as provided in
                                                                    subparagraphs (B), (D), (E), and (F), in an
                      Editorial Notes                               agreement to participate in a loan on a de-
                                                                    ferred basis under this subsection (including
                     PRIOR PROVISIONS                               a loan made under the Preferred Lenders
  Prior similar provisions were contained in section 206            Program), such participation by the Admin-
of act July 30, 1953, ch. 282, title II, 67 Stat. 235, which        istration shall be equal to—
was previously classified to this section. See Codifica-                (i) 75 percent of the balance of the fi-
tion note set out under section 631 of this title.                    nancing outstanding at the time of dis-
§ 636. Additional powers                                              bursement of the loan, if such balance ex-
                                                                      ceeds $150,000; or
(a) Loans to small business concerns; allowable                         (ii) 85 percent of the balance of the fi-
    purposes; qualified business; restrictions and                    nancing outstanding at the time of dis-
    limitations                                                       bursement of the loan, if such balance is
  The Administration is empowered to the ex-                          less than or equal to $150,000.
tent and in such amounts as provided in advance                       (B) REDUCED PARTICIPATION UPON RE-
in appropriation Acts to make loans for plant                       QUEST.—
acquisition, construction, conversion, or expan-                        (i) IN GENERAL.—The guarantee percent-
sion, including the acquisition of land, material,                    age specified by subparagraph (A) for any
supplies, equipment, and working capital, and to                      loan under this subsection may be reduced
make loans to any qualified small business con-                       upon the request of the participating lend-
cern, including those owned by qualified Indian                       er.
tribes, for purposes of this chapter. Such                              (ii) PROHIBITION.—The Administration
financings may be made either directly or in co-                      shall not use the guarantee percentage re-
§ 636                              TITLE 15—COMMERCE AND TRADE                                  Page 804

        quested by a participating lender under           vestment fund established by this chapter
        clause (i) as a criterion for establishing        would exceed $4,500,000 (or if the gross loan
        priorities in approving loan guarantee re-        amount would exceed $5,000,000), of which
        quests under this subsection.                     not more than $4,000,000 may be used for
      (C) INTEREST RATE UNDER PREFERRED LEND-             working capital, supplies, or financings
    ERS PROGRAM.—
                                                          under paragraph (14) for export purposes; and
                                                            (C) if effected either directly or in coopera-
        (i) IN GENERAL.—The maximum interest
                                                          tion with banks or other lending institutions
        rate for a loan guaranteed under the Pre-
                                                          through agreements to participate on an im-
        ferred Lenders Program shall not exceed
                                                          mediate basis if the amount would exceed
        the maximum interest rate, as determined
                                                          $350,000.
        by the Administration, applicable to other
        loans guaranteed under this subsection.            (4) INTEREST RATES AND PREPAYMENT
          (ii) EXPORT-IMPORT BANK LENDERS.—Any           CHARGES.—
        lender that is participating in the Dele-            (A) INTEREST RATES.—Notwithstanding the
        gated Authority Lender Program of the             provisions of the constitution of any State
        Export-Import Bank of the United States           or the laws of any State limiting the rate or
        (or any successor to the Program) shall be        amount of interest which may be charged,
        eligible to participate in the Preferred          taken, received, or reserved, the maximum
        Lenders Program.                                  legal rate of interest on any financing made
          (iii) PREFERRED LENDERS PROGRAM DE-             on a deferred basis pursuant to this sub-
        FINED.—For purposes of this subparagraph,         section shall not exceed a rate prescribed by
        the term ‘‘Preferred Lenders Program’’            the Administration, and the rate of interest
        means any program established by the Ad-          for the Administration’s share of any direct
        ministrator, as authorized under the pro-         or immediate participation loan shall not
        viso in section 634(b)(7) of this title, under    exceed the current average market yield on
        which a written agreement between the             outstanding marketable obligations of the
        lender and the Administration delegates to        United States with remaining periods to ma-
        the lender—                                       turity comparable to the average maturities
             (I) complete authority to make and           of such loans and adjusted to the nearest
          close loans with a guarantee from the           one-eighth of 1 per centum, and an addi-
          Administration without obtaining the            tional amount as determined by the Admin-
          prior specific approval of the Adminis-         istration, but not to exceed 1 per centum per
          tration; and                                    annum: Provided, That for those loans to as-
             (II) complete authority to service and       sist any public or private organization for
          liquidate such loans without obtaining          the handicapped or to assist any handi-
          the prior specific approval of the Admin-       capped individual as provided in paragraph
          istration for routine servicing and liq-        (10) of this subsection, the interest rate shall
          uidation activities, but shall not take         be 3 per centum per annum.
          any actions creating an actual or appar-          (B) PAYMENT OF ACCRUED INTEREST.—
          ent conflict of interest.                            (i) IN GENERAL.—Any bank or other lend-
                                                            ing institution making a claim for pay-
      (D) PARTICIPATION UNDER EXPORT WORKING                ment on the guaranteed portion of a loan
    CAPITAL PROGRAM.—In an agreement to par-                made under this subsection shall be paid
    ticipate in a loan on a deferred basis under            the accrued interest due on the loan from
    the Export Working Capital Program estab-               the earliest date of default to the date of
    lished pursuant to paragraph (14)(A), such              payment of the claim at a rate not to ex-
    participation by the Administration shall be            ceed the rate of interest on the loan on the
    90 percent.                                             date of default, minus one percent.
      (E) PARTICIPATION IN INTERNATIONAL TRADE                 (ii) LOANS SOLD ON SECONDARY MARKET.—
    LOAN.—In an agreement to participate in a               If a loan described in clause (i) is sold on
    loan on a deferred basis under paragraph                the secondary market, the amount of in-
    (16), the participation by the Administration           terest paid to a bank or other lending in-
    may not exceed 90 percent.                              stitution described in that clause from the
      (F) PARTICIPATION IN THE PAYCHECK PRO-                earliest date of default to the date of pay-
    TECTION PROGRAM.—In an agreement to par-                ment of the claim shall be no more than
    ticipate in a loan on a deferred basis under            the agreed upon rate, minus one percent.
    paragraph (36), the participation by the Ad-               (iii) APPLICABILITY.—Clauses (i) and (ii)
    ministration shall be 100 percent.                      shall not apply to loans made on or after
    (3) No loan shall be made under this sub-               October 1, 2000.
  section—                                                  (C) PREPAYMENT CHARGES
      (A) if the total amount outstanding and                 (i) IN GENERAL.—A borrower who prepays
    committed (by participation or otherwise) to            any loan guaranteed under this subsection
    the borrower from the business loan and in-             shall remit to the Administration a sub-
    vestment fund established by this chapter               sidy recoupment fee calculated in accord-
    would exceed $3,750,000 (or if the gross loan           ance with clause (ii) if—
    amount would exceed $5,000,000), except as                   (I) the loan is for a term of not less
    provided in subparagraph (B);                             than 15 years;
      (B) if the total amount outstanding and                    (II) the prepayment is voluntary;
    committed (on a deferred basis) solely for                   (III) the amount of prepayment in any
    the purposes provided in paragraph (16) to                calendar year is more than 25 percent of
    the borrower from the business loan and in-               the outstanding balance of the loan; and
Page 805                                     TITLE 15—COMMERCE AND TRADE                                          § 636

            (IV) the prepayment is made within                         (i) to provide full payment deferment re-
          the first 3 years after disbursement of                    lief (including payment of principal and in-
          the loan proceeds.                                         terest) for a period of not more than 1 year;
          (ii) SUBSIDY RECOUPMENT FEE.—The sub-                      and
       sidy recoupment fee charged under clause                        (ii) to provide an additional deferment pe-
       (i) shall be—                                                 riod if the borrower provides documentation
             (I) 5 percent of the amount of prepay-                  justifying such additional deferment.
          ment, if the borrower prepays during the                   (C) SECONDARY MARKET.—
          first year after disbursement;                               (i) IN GENERAL.—Except as provided in
             (II) 3 percent of the amount of prepay-                 clause (ii), if an investor declines to approve
          ment, if the borrower prepays during the                   a deferral or additional deferment requested
          second year after disbursement; and                        by a lender under subparagraph (B), the Ad-
             (III) 1 percent of the amount of prepay-                ministrator shall exercise the authority to
          ment, if the borrower prepays during the                   purchase the loan so that the borrower may
          third year after disbursement.                             receive full payment deferment relief (in-
   (5) No such loans including renewals and ex-                      cluding payment of principal and interest)
 tensions thereof may be made for a period or                        or an additional deferment as described in
 periods exceeding twenty-five years, except                         subparagraph (B).
 that such portion of a loan made for the pur-                         (ii) EXCEPTION.—If, in a fiscal year, the Ad-
 pose of acquiring real property or con-                             ministrator determines that the cost of im-
 structing, converting, or expanding facilities                      plementing clause (i) is greater than zero,
 may have a maturity of twenty-five years plus                       the Administrator shall not implement that
 such additional period as is estimated may be                       clause.
 required to complete such construction, con-                       (8) The Administration may make loans
 version, or expansion.                                           under this subsection to small business con-
   (6) All loans made under this subsection                       cerns owned and controlled by disabled vet-
 shall be of such sound value or so secured as                    erans (as defined in section 4211(3) of title 38).
 reasonably to assure repayment: Provided,                          (9) The Administration may provide loans
 however, That—                                                   under this subsection to finance residential or
      (A) for loans to assist any public or private               commercial construction or rehabilitation for
   organization or to assist any handicapped in-                  sale: Provided, however, That such loans shall
   dividual as provided in paragraph (10) of this                 not be used primarily for the acquisition of
   subsection any reasonable doubt shall be re-                   land.
   solved in favor of the applicant;                                (10) The Administration may provide guar-
      (B) recognizing that greater risk may be                    anteed loans under this subsection to assist
   associated with loans for energy measures as                   any public or private organization for the
   provided in paragraph (12) of this subsection,                 handicapped or to assist any handicapped indi-
   factors in determining ‘‘sound value’’ shall                   vidual, including service-disabled veterans, in
   include, but not be limited to, quality of the                 establishing, acquiring, or operating a small
   product or service; technical qualifications                   business concern.
   of the applicant or his employees; sales pro-                    (11) The Administration may provide loans
   jections; and the financial status of the busi-                under this subsection to any small business
   ness concern: Provided further, That such sta-                 concern, or to any qualified person seeking to
   tus need not be as sound as that required for                  establish such a concern when it determines
   general loans under this subsection; and 1                     that such loan will further the policies estab-
      (C) Repealed. Pub. L. 97–35, title XIX,                     lished in section 631(c) 2 of this title, with par-
   § 1910, Aug. 13, 1981, 95 Stat. 778.                           ticular emphasis on the preservation or estab-
 On that portion of the loan used to refinance                    lishment of small business concerns located in
 existing indebtedness held by a bank or other                    urban or rural areas with high proportions of
 lending institution, the Administration shall                    unemployed or low-income individuals or
 limit the amount of deferred participation to                    owned by low-income individuals.
 80 per centum of the amount of the loan at the                     (12)(A) The Administration may provide
 time of disbursement: Provided further, That                     loans under this subsection to assist any small
 any authority conferred by this subparagraph                     business concern, including start up, to enable
 on the Administration shall be exercised sole-                   such concern to design architecturally or engi-
 ly by the Administration and shall not be del-                   neer, manufacture, distribute, market, install,
 egated to other than Administration per-                         or service energy measures: Provided, however,
 sonnel.                                                          That such loan proceeds shall not be used pri-
   (7)(A) IN GENERAL.—The Administrator may                       marily for research and development.
 defer payments on the principal and interest                       (b) 3 The Administration may provide de-
 of such loans for a grace period and use such                    ferred participation loans under this sub-
 other methods as it deems necessary and ap-                      section to finance the planning, design, or in-
 propriate to assure the successful establish-                    stallation of pollution control facilities for the
 ment and operation of such concern.                              purposes set forth in section 404 of the Small
   (B) DEFERRAL REQUIREMENTS.—With respect                        Business Investment Act of 1958 [15 U.S.C.
 to a deferral provided under this paragraph,                     694–1]. Notwithstanding the limitation ex-
 the Administrator may allow lenders under                        pressed in paragraph (3) of this subsection, a
 this subsection—
                                                                  2 See References in Text note below.

 1 So in original. The ‘‘;   and’’ probably should be a period.   3 So in original. Probably should be ‘‘(B)’’.
§ 636                            TITLE 15—COMMERCE AND TRADE                                  Page 806

  loan made under this paragraph may not re-           with its application for the guarantee. Such
  sult in a total amount outstanding and com-          plan shall include an agreement with the Ad-
  mitted to a borrower from the business loan          ministrator which is binding on such trust and
  and investment fund of more than $1,000,000.         on the small business concern and which pro-
    (13) The Administration may provide fi-            vides that—
  nancings under this subsection to State and              (i) not later than the date the loan guaran-
  local development companies for the purposes           teed under subparagraph (A) is repaid (or as
  of, and subject to the restrictions in, title V of     soon thereafter as is consistent with the re-
  the Small Business Investment Act of 1958 [15          quirements of section 401(a) of title 26), at
  U.S.C. 695 et seq.].                                   least 51 per centum of the total stock of such
    (14) EXPORT WORKING CAPITAL PROGRAM.—                concern shall be allocated to the accounts of
      (A) IN GENERAL.—The Administrator may              at least 51 per centum of the employees of
    provide extensions of credit, standby letters        such concern who are entitled to share in
    of credit, revolving lines of credit for export      such allocation,
    purposes, and other financing to enable                (ii) there will be periodic reviews of the
    small business concerns, including small             role in the management of such concern of
    business export trading companies and small          employees to whose accounts stock is allo-
    business export management companies, to             cated,
    develop foreign markets. A bank or partici-            (iii) there will be adequate management to
    pating lending institution may establish the         assure management expertise and con-
    rate of interest on such financings as may be        tinuity, and
    legal and reasonable.                                  (iv) with respect to a loan made to a trust,
      (B) TERMS.—                                        or to a cooperative in accordance with para-
         (i) LOAN AMOUNT.—The Administrator              graph (35)—
      may not guarantee a loan under this para-               (I) a seller of the small business concern
      graph of more than $5,000,000.                       may remain involved as an officer, direc-
         (ii) FEES.—                                       tor, or key employee of the small business
            (I) IN GENERAL.—For a loan under this          concern when a qualified employee trust
         paragraph, the Administrator shall col-           or cooperative has acquired 100 percent of
         lect the fee assessed under paragraph (23)        ownership of the small business concern;
         not more frequently than once each                and
         year.                                                (II) any seller of the small business con-
            (II) UNTAPPED CREDIT.—The Adminis-             cern who remains as an owner of the small
         trator may not assess a fee on capital            business concern, regardless of the per-
         that is not accessed by the small busi-           centage of ownership interest, shall be re-
         ness concern.                                     quired to provide a personal guarantee by
      (C) CONSIDERATIONS.—When considering                 the Administration.
    loan or guarantee applications, the Adminis-         (C) In determining whether to guarantee any
    tration shall give weight to export-related        loan under this paragraph, the individual busi-
    benefits, including opening new markets for        ness experience or personal assets of em-
    United States goods and services abroad and        ployee-owners shall not be used as criteria, ex-
    encouraging the involvement of small busi-         cept inasmuch as certain employee-owners
    nesses, including agricultural concerns, in        may assume managerial responsibilities, in
    the export market.                                 which case business experience may be consid-
      (D) MARKETING.—The Administrator shall           ered.
    aggressively market its export financing             (D) For purposes of this paragraph, a cor-
    program to small businesses.                       poration which is controlled by any other per-
    (15)(A) The Administration may guarantee           son shall be treated as a small business con-
  loans under this subsection—                         cern if such corporation would, after the plan
      (i) to qualified employee trusts with re-        described in subparagraph (B) is carried out,
    spect to a small business concern for the          be treated as a small business concern.
    purpose of purchasing, and for any trans-            (E) The Administration shall compile a sepa-
    action costs associated with purchasing,           rate list of applications for assistance under
    stock of the concern under a plan approved         this paragraph, indicating which applications
    by the Administrator which, when carried           were accepted and which were denied, and
    out, results in the qualified employee trust       shall report periodically to the Congress on
    owning at least 51 per centum of the stock of      the status of employee-owned firms assisted
    the concern; and                                   by the Administration, which shall include—
      (ii) to a small business concern under a             (i) the total number of loans made to em-
    plan approved by the Administrator, if the           ployee-owned business concerns that were
    proceeds from the loan are only used to              guaranteed by the Administrator under this
    make a loan to a qualified employee trust,           subsection or section 502 of the Small Busi-
    and for any transaction costs associated             ness Investment Act of 1958 (15 U.S.C. 696),
    with making that loan, that results in the           including the number of loans made—
    qualified employee trust owning at least 51               (I) to small business concerns owned and
    percent of the small business concern.                 controlled by socially and economically
    (B) The plan requiring the Administrator’s             disadvantaged individuals; and
  approval under subparagraph (A) shall be sub-               (II) to cooperatives;
  mitted to the Administration by the trustee of         (ii) the total number of financings made to
  such trust or by the small business concern           employee-owned business concerns by com-
Page 807                        TITLE 15—COMMERCE AND TRADE                                      § 636

   panies licensed under section 301(c) of the           (D) ADVERSELY AFFECTED BY INTER-
   Small Business Investment Act of 1958 (15           NATIONAL TRADE.—For purposes of this para-
   U.S.C. 696(c)) [15 U.S.C. 681(c)], including the    graph, a small business concern is adversely
   number of financings made—                          affected by international trade if, as deter-
       (I) to small business concerns owned and        mined by the Administrator, the small busi-
     controlled by socially and economically           ness concern—
     disadvantaged individuals; and                        (i) is confronting increased competition
       (II) to cooperatives; and                         with foreign firms in the relevant market;
     (iii) any outreach and educational activi-          and
   ties conducted by the Administration with               (ii) is injured by such competition.
   respect to employee-owned business con-               (E) FINDINGS BY CERTAIN FEDERAL AGEN-
   cerns.                                              CIES.—For purposes of subparagraph (D)(ii)
   (F) A small business concern that makes a           the Administrator shall accept any finding
 loan to a qualified employee trust under sub-         of injury by the International Trade Com-
 paragraph (A)(ii) is not required to contain the      mission or any finding of injury by the Sec-
 same terms and conditions as the loan made            retary of Commerce pursuant to chapter 3 of
 to the small business concern that is guaran-         title II of the Trade Act of 1974 [19 U.S.C.
 teed by the Administration under such sub-            2341 et seq.].
 paragraph.                                              (F) LIST OF EXPORT FINANCE LENDERS.—
   (G) With respect to a loan made to a quali-             (i) PUBLICATION OF LIST REQUIRED.—The
 fied employee trust under this paragraph, or            Administrator shall publish an annual list
 to a cooperative in accordance with paragraph           of the banks and participating lending in-
 (35), the Administrator may, as deemed appro-           stitutions that, during the 1-year period
 priate, elect to not require any mandatory eq-          ending on the date of publication of the
 uity to be provided by the qualified employee           list, have made loans guaranteed by the
 trust or cooperative to make the loan.                  Administration under—
   (16) INTERNATIONAL TRADE.—                                 (I) this paragraph;
      (A) IN GENERAL.—If the Administrator de-                (II) paragraph (14); or
   termines that a loan guaranteed under this                 (III) paragraph (34).
   subsection will allow an eligible small busi-           (ii) AVAILABILITY OF LIST.—The Adminis-
   ness concern that is engaged in or adversely          trator shall—
   affected by international trade to improve                 (I) post the list published under clause
   its competitive position, the Administrator             (i) on the website of the Administration;
   may make such loan to assist such concern—              and
        (i) in the financing of the acquisition,              (II) make the list published under
      construction, renovation, modernization,             clause (i) available, upon request, at
      improvement, or expansion of productive              each district office of the Administra-
      facilities or equipment to be used in the            tion.
      United States in the production of goods
                                                        (17) The Administration shall authorize
      and services involved in international
                                                      lending institutions and other entities in addi-
      trade;
                                                      tion to banks to make loans authorized under
        (ii) in the refinancing of existing indebt-
                                                      this subsection.
      edness that is not structured with reason-
                                                        (18) GUARANTEE FEES.—
      able terms and conditions, including any            (A) IN GENERAL.—With respect to each loan
      debt that qualifies for refinancing under         guaranteed under this subsection (other
      any other provision of this subsection; or        than a loan that is repayable in 1 year or
        (iii) by providing working capital.
                                                        less), the Administration shall collect a
     (B) SECURITY.—                                     guarantee fee, which shall be payable by the
       (i) IN GENERAL.—Except as provided in            participating lender, and may be charged to
     clause (ii), each loan made under this para-       the borrower, as follows:
     graph shall be secured by a first lien posi-            (i) A guarantee fee not to exceed 2 per-
     tion or first mortgage on the property or            cent of the deferred participation share of
     equipment financed by the loan or on                 a total loan amount that is not more than
     other assets of the small business concern.          $150,000.
       (ii) EXCEPTION.—A loan under this para-               (ii) A guarantee fee not to exceed 3 per-
     graph may be secured by a second lien po-            cent of the deferred participation share of
     sition on the property or equipment fi-              a total loan amount that is more than
     nanced by the loan or on other assets of             $150,000, but not more than $700,000.
     the small business concern, if the Adminis-             (iii) A guarantee fee not to exceed 3.5
     trator determines the lien provides ade-             percent of the deferred participation share
     quate assurance of the payment of the                of a total loan amount that is more than
     loan.                                                $700,000.
     (C) ENGAGED IN INTERNATIONAL TRADE.—                    (iv) In addition to the fee under clause
   For purposes of this paragraph, a small busi-          (iii), a guarantee fee equal to 0.25 percent
   ness concern is engaged in international               of any portion of the deferred participa-
   trade if, as determined by the Adminis-                tion share that is more than $1,000,000.
   trator, the small business concern is in a po-        (B) RETENTION OF CERTAIN FEES.—Lenders
   sition to expand existing export markets or         participating in the programs established
   develop new export markets.                         under this subsection may retain not more
§ 636                            TITLE 15—COMMERCE AND TRADE                                   Page 808

    than 25 percent of a fee collected under sub-        which it is provided will not be breached by
    paragraph (A)(i).                                    the small business concern.
    (19)(A) In addition to the Preferred Lenders         (B)(i) No loan shall be made under this para-
  Program authorized by the proviso in section         graph if the total amount outstanding and
  634(b)(7) of this title, the Administration is au-   committed (by participation or otherwise) to
  thorized to establish a Certified Lenders Pro-       the borrower would exceed $750,000.
  gram for lenders who establish their knowl-            (ii) Subject to the provisions of clause (i), in
  edge of Administration laws and regulations          agreements to participate in loans on a de-
  concerning the guaranteed loan program and           ferred (guaranteed) basis, participation by the
  their proficiency in program requirements.           Administration shall be not less than 85 per
  The designation of a lender as a certified lend-     centum of the balance of the financing out-
  er shall be suspended or revoked at any time         standing at the time of disbursement.
  that the Administration determines that the            (iii) The rate of interest on financings made
  lender is not adhering to its rules and regula-      on a deferred (guaranteed) basis shall be legal
  tions or that the loss experience of the lender      and reasonable.
  is excessive as compared to other lenders, but         (iv) Financings made pursuant to this para-
  such suspension or revocation shall not affect       graph shall be subject to the following limita-
  any outstanding guarantee.                           tions:
    (B) In order to encourage all lending institu-          (I) No immediate participation may be
  tions and other entities making loans author-          purchased unless it is shown that a deferred
  ized under this subsection to provide loans of         participation is not available.
  $50,000 or less in guarantees to eligible small           (II) No direct financing may be made un-
  business loan applicants, the Administration           less it is shown that a participation is un-
  shall develop and allow participating lenders          available.
  to solely utilize a uniform and simplified loan
  form for such loans.                                   (C) A direct loan or the Administration’s
    (C) AUTHORITY TO LIQUIDATE LOANS.—                 share of an immediate participation loan made
      (i) IN GENERAL.—The Administrator may            pursuant to this paragraph shall be any se-
    permit lenders participating in the Certified      cured debt instrument—
    Lenders Program to liquidate loans made                (i) that is subordinated by its terms to all
    with a guarantee from the Administration             other borrowings of the issuer;
    pursuant to a liquidation plan approved by             (ii) the rate of interest on which shall not
    the Administrator.                                   exceed the current average market yield on
      (ii) AUTOMATIC APPROVAL.—If the Adminis-           outstanding marketable obligations of the
    trator does not approve or deny a request for        United States with remaining periods to ma-
    approval of a liquidation plan within 10 busi-       turity comparable to the average maturities
    ness days of the date on which the request is        of such loan and adjusted to the nearest one-
    made (or with respect to any routine liq-            eighth of 1 per centum;
    uidation activity under such a plan, within 5          (iii) the term of which is not more than
    business days) such request shall be deemed          twenty-five years; and
    to be approved.                                        (iv) the principal on which is amortized at
                                                         such rate as may be deemed appropriate by
    (20)(A) The Administration is empowered to
                                                         the Administration, and the interest on
  make loans either directly or in cooperation
                                                         which is payable not less often than annu-
  with banks or other financial institutions
                                                         ally.
  through agreements to participate on an im-
  mediate or deferred (guaranteed) basis to              (21)(A) The Administration may make loans
  small business concerns eligible for assistance      on a guaranteed basis under the authority of
  under subsection (j)(10) and section 637(a) of       this subsection—
  this title. Such assistance may be provided              (i) to a small business concern that has
  only if the Administration determines that—            been (or can reasonably be expected to be)
      (i) the type and amount of such assistance         detrimentally affected by—
    requested by such concern is not otherwise                (I) the closure (or substantial reduction)
    available on reasonable terms from other               of a Department of Defense installation; or
    sources;                                                  (II) the termination (or substantial re-
      (ii) with such assistance such concern has           duction) of a Department of Defense pro-
    a reasonable prospect for operating soundly            gram on which such small business was a
    and profitably within a reasonable period of           prime contractor or subcontractor (or sup-
    time;                                                  plier) at any tier; or
      (iii) the proceeds of such assistance will be
                                                           (ii) to a qualified individual or a veteran
    used within a reasonable time for plant con-
                                                         seeking to establish (or acquire) and operate
    struction, conversion, or expansion, includ-
                                                         a small business concern.
    ing the acquisition of equipment, facilities,
    machinery, supplies, or material or to sup-          (B) Recognizing that greater risk may be as-
    ply such concern with working capital to be        sociated with a loan to a small business con-
    used in the manufacture of articles, equip-        cern described in subparagraph (A)(i), any rea-
    ment, supplies, or material for defense or ci-     sonable doubts concerning the firm’s proposed
    vilian production or as may be necessary to        business plan for transition to nondefense-re-
    insure a well-balanced national economy;           lated markets shall be resolved in favor of the
    and                                                loan applicant when making any determina-
      (iv) such assistance is of such sound value      tion regarding the sound value of the proposed
    as reasonably to assure that the terms under       loan in accordance with paragraph (6).
Page 809                       TITLE 15—COMMERCE AND TRADE                                       § 636

   (C) Loans pursuant to this paragraph shall         lenders and by small business borrowers for
 be authorized in such amounts as provided in         guarantees under this subsection may be re-
 advance in appropriation Acts for the purposes       duced, consistent with reducing to zero the
 of loans under this paragraph.                       cost to the Administration of making such
   (D) For purposes of this paragraph a quali-        guarantees—
 fied individual is—                                      (i) the Administration shall first con-
     (i) a member of the Armed Forces of the            sider reducing fees paid by small business
   United States, honorably discharged from             borrowers under clauses (i) through (iii) of
   active duty involuntarily or pursuant to a           paragraph (18)(A), to the maximum extent
   program providing bonuses or other induce-           possible; and
   ments to encourage voluntary separation or             (ii) fees paid by small business borrowers
   early retirement;                                    shall not be increased above the levels in
     (ii) a civilian employee of the Department         effect on December 8, 2004.
   of Defense involuntarily separated from Fed-        (24) NOTIFICATION REQUIREMENT.—The Ad-
   eral service or retired pursuant to a program
                                                     ministration shall notify the Committees on
   offering inducements to encourage early re-
                                                     Small Business of the Senate and the House of
   tirement; or
                                                     Representatives not later than 15 days before
     (iii) an employee of a prime contractor,
                                                     making any significant policy or administra-
   subcontractor, or supplier at any tier of a
                                                     tive change affecting the operation of the loan
   Department of Defense program whose em-
                                                     program under this subsection.
   ployment is involuntarily terminated (or
                                                       (25) LIMITATION ON CONDUCTING PILOT
   voluntarily terminated pursuant to a pro-
                                                     PROJECTS.—
   gram offering inducements to encourage vol-           (A) IN GENERAL.—Not more than 10 percent
   untary separation or early retirement) due          of the total number of loans guaranteed in
   to the termination (or substantial reduc-           any fiscal year under this subsection may be
   tion) of a Department of Defense program.           awarded as part of a pilot program which is
   (E) JOB CREATION AND COMMUNITY BENEFIT.—            commenced by the Administrator on or after
 In providing assistance under this paragraph,         October 1, 1996.
 the Administration shall develop procedures             (B) ‘‘PILOT PROGRAM’’ DEFINED.—In this
 to ensure, to the maximum extent practicable,         paragraph, the term ‘pilot program’ means
 that such assistance is used for projects that—       any lending program initiative, project, in-
     (i) have the greatest potential for—              novation, or other activity not specifically
        (I) creating new jobs for individuals          authorized by law.
     whose employment is involuntarily termi-            (C) LOW DOCUMENTATION LOAN PROGRAM.—
     nated due to reductions in Federal defense        The Administrator may carry out the low
     expenditures; or                                  documentation loan program for loans of
        (II) preventing the loss of jobs by em-        $100,000 or less only through lenders with
     ployees of small business concerns de-            significant experience in making small busi-
     scribed in subparagraph (A)(i); and               ness loans. Not later than 90 days after Sep-
     (ii) have substantial potential for stimu-        tember 30, 1996, the Administrator shall pro-
   lating new economic activity in commu-              mulgate regulations defining the experience
   nities most affected by reductions in Federal       necessary for participation as a lender in the
   defense expenditures.                               low documentation loan program.
   (22) The Administration is authorized to per-       (26) CALCULATION OF SUBSIDY RATE.—All fees,
 mit participating lenders to impose and col-        interest, and profits received and retained by
 lect a reasonable penalty fee on late payments      the Administration under this subsection shall
 of loans guaranteed under this subsection in        be included in the calculations made by the
 an amount not to exceed 5 percent of the            Director of the Office of Management and
 monthly loan payment per month plus inter-          Budget to offset the cost (as that term is de-
 est.                                                fined in section 661a of title 2) to the Adminis-
   (23) YEARLY FEE.—                                 tration of purchasing and guaranteeing loans
      (A) IN GENERAL.—With respect to each loan      under this chapter.
   approved under this subsection, the Admin-          (27) Repealed. Pub. L. 106–8, § 3(c), Apr. 2,
   istration shall assess, collect, and retain a     1999, 113 Stat. 16.
   fee, not to exceed 0.55 percent per year of the     (28) LEASING.—In addition to such other
   outstanding balance of the deferred partici-      lease arrangements as may be authorized by
   pation share of the loan, in an amount estab-     the Administration, a borrower may perma-
   lished once annually by the Administration        nently lease to one or more tenants not more
   in the Administration’s annual budget re-         than 20 percent of any property constructed
   quest to Congress, as necessary to reduce to      with the proceeds of a loan guaranteed under
   zero the cost to the Administration of mak-       this subsection, if the borrower permanently
   ing guarantees under this subsection. As          occupies and uses not less than 60 percent of
   used in this paragraph, the term ‘‘cost’’ has     the total business space in the property.
   the meaning given that term in section 661a         (29) REAL ESTATE APPRAISALS.—
   of title 2.                                           (A) IN GENERAL.—With respect to a loan
      (B) PAYER.—The yearly fee assessed under         under this subsection that is secured by
   subparagraph (A) shall be payable by the            commercial real property, an appraisal of
   participating lender and shall not be charged       such property by a State licensed or cer-
   to the borrower.                                    tified appraiser—
      (C) LOWERING OF BORROWER FEES.—If the                 (i) shall be required by the Administra-
   Administration determines that fees paid by           tion in connection with any such loan, if
§ 636                            TITLE 15—COMMERCE AND TRADE                                  Page 810

        such loan is in an amount greater than the       (D) MAXIMUM LOAN AMOUNT.—The max-
        Federal     banking    regulator   appraisal   imum loan amount under the Express Loan
        threshold; or                                  Program is $500,000.
          (ii) may be required by the Administra-        (E) OPTION TO PARTICIPATE.—Except as oth-
        tion or the lender in connection with any      erwise provided in this paragraph, the Ad-
        such loan, if such loan is in an amount        ministration shall take no regulatory, pol-
        equal to or less than the Federal banking      icy, or administrative action, without re-
        regulator appraisal threshold, if such ap-     gard to whether such action requires notifi-
        praisal is necessary for appropriate evalua-   cation pursuant to paragraph (24), that has
        tion of creditworthiness.                      the effect of requiring a lender to make an
      (B) FEDERAL BANKING REGULATOR AP-                express loan pursuant to subparagraph (D).
    PRAISAL THRESHOLD DEFINED.—For purposes
                                                         (F) EXPRESS LOANS FOR RENEWABLE ENERGY
                                                       AND ENERGY EFFICIENCY.—
    of this paragraph, the term ‘‘Federal bank-
                                                           (i) DEFINITIONS.—In this subparagraph—
    ing regulator appraisal threshold’’ means
                                                              (I) the term ‘‘biomass’’—
    the lesser of the threshold amounts set by
                                                                (aa) means any organic material that
    the Board of Governors of the Federal Re-
                                                              is available on a renewable or recur-
    serve System, the Comptroller of the Cur-
                                                              ring basis, including—
    rency, and the Federal Deposit Insurance                       (AA) agricultural crops;
    Corporation for when a federally related                       (BB) trees grown for energy pro-
    transaction that is a commercial real estate                duction;
    transaction requires an appraisal prepared                     (CC) wood waste and wood residues;
    by a State licensed or certified appraiser.                    (DD) plants (including aquatic
    (30) OWNERSHIP REQUIREMENTS.—Ownership                      plants and grasses);
  requirements to determine the eligibility of a                   (EE) residues;
  small business concern that applies for assist-                  (FF) fibers;
  ance under any credit program under this                         (GG) animal wastes and other
  chapter shall be determined without regard to                 waste materials; and
  any ownership interest of a spouse arising                       (HH) fats, oils, and greases (includ-
  solely from the application of the community                  ing recycled fats, oils, and greases);
  property laws of a State for purposes of deter-               and
  mining marital interests.                                    (bb) does not include—
    (31) EXPRESS LOANS.—                                         (AA) paper that is commonly recy-
      (A) DEFINITIONS.—As used in this para-                   cled; or
    graph:                                                       (BB) unsegregated solid waste;
         (i) The term ‘‘disaster area’’ means the
      area for which the President has declared              (II) the term ‘‘energy efficiency
      a major disaster, during the 5-year period           project’’ means the installation or up-
      beginning on the date of the declaration.            grading of equipment that results in a
         (ii) The term ‘‘express lender’’ means            significant reduction in energy usage;
      any lender authorized by the Administra-             and
      tion to participate in the Express Loan                (III) the term ‘‘renewable energy sys-
      Program.                                             tem’’ means a system of energy derived
         (iii) The term ‘‘express loan’’ means any         from—
      loan made pursuant to this paragraph in                  (aa) a wind, solar, biomass (including
      which a lender utilizes to the maximum                 biodiesel), or geothermal source; or
      extent practicable its own loan analyses,                (bb) hydrogen derived from biomass
      procedures, and documentation.                         or water using an energy source de-
         (iv) The term ‘‘Express Loan Program’’              scribed in item (aa).
      means the program for express loans es-              (ii) LOANS.—The Administrator may
      tablished by the Administration under              make a loan under the Express Loan Pro-
      paragraph (25)(B), as in existence on April        gram for the purpose of—
      5, 2004, with a guarantee rate of not more              (I) purchasing a renewable energy sys-
      than 50 percent.                                     tem; or
      (B) RESTRICTION TO EXPRESS LENDER.—The                  (II) carrying out an energy efficiency
    authority to make an express loan shall be             project for a small business concern.
    limited to those lenders deemed qualified to         (G) GUARANTEE FEE WAIVER FOR VET-
    make such loans by the Administration.             ERANS.—
    Designation as an express lender for pur-              (i) GUARANTEE FEE WAIVER.—The Admin-
    poses of making an express loan shall not            istrator may not collect a guarantee fee
    prohibit such lender from taking any other           described in paragraph (18) in connection
    action authorized by the Administration for          with a loan made under this paragraph to
    that lender pursuant to this subsection.             a veteran or spouse of a veteran on or after
      (C) GRANDFATHERING OF EXISTING LEND-               October 1, 2015.
    ERS.—Any express lender shall retain such              (ii) DEFINITION.—In this subparagraph,
    designation unless the Administration deter-         the term ‘‘veteran or spouse of a veteran’’
    mines that the express lender has violated           means—
    the law or regulations promulgated by the                 (I) a veteran, as defined in section
    Administration or modifies the require-                632(q)(4) of this title;
    ments to be an express lender and the lender              (II) an individual who is eligible to par-
    no longer satisfies those requirements.                ticipate in the Transition Assistance
Page 811                        TITLE 15—COMMERCE AND TRADE                                           § 636

       Program established under section 1144                  gram under this subsection in a fiscal
       of title 10;                                            year is more than zero and such cost is
         (III) a member of a reserve component                 directly attributable to the cost of guar-
       of the Armed Forces named in section                    anteeing loans under clause (i).
       10101 of title 10;
                                                              (viii) RULES.—Not later than 270 days
         (IV) the spouse of an individual de-
                                                            after November 25, 2015, the Administrator
       scribed in subclause (I), (II), or (III); or
         (V) the surviving spouse (as defined in            shall promulgate rules to carry out this
       section 101 of title 38) of an individual            subparagraph.
       described in subclause (I), (II), or (III)       (32) LOANS FOR ENERGY EFFICIENT TECH-
       who died while serving on active duty or       NOLOGIES.—
       as a result of a disability that is service-       (A) DEFINITIONS.—In this paragraph—
       connected (as defined in such section).                (i) the term ‘‘cost’’ has the meaning
                                                            given that term in section 661a of title 2;
     (H) RECOVERY OPPORTUNITY LOANS.—                         (ii) the term ‘‘covered energy efficiency
       (i) IN GENERAL.—The Administrator may
                                                            loan’’ means a loan—
     guarantee an express loan to a small busi-                  (I) made under this subsection; and
     ness concern located in a disaster area in                  (II) the proceeds of which are used to
     accordance with this subparagraph.                       purchase energy efficient designs, equip-
       (ii) MAXIMUMS.—For a loan guaranteed                   ment, or fixtures, or to reduce the en-
     under clause (i)—
                                                              ergy consumption of the borrower by 10
          (I) the maximum loan amount is
                                                              percent or more; and
       $150,000; and
          (II) the guarantee rate shall be not                (iii) the term ‘‘pilot program’’ means the
       more than 85 percent.                                pilot program established under subpara-
       (iii) OVERALL CAP.—A loan guaranteed                 graph (B) 4
     under clause (i) shall not be counted in de-          (B) ESTABLISHMENT.—The Administrator
     termining the amount of loans made to a             shall establish and carry out a pilot program
     borrower for purposes of subparagraph (D).          under which the Administrator shall reduce
       (iv) OPERATIONS.—A small business con-            the fees for covered energy efficiency loans.
     cern receiving a loan guaranteed under                (C) DURATION.—The pilot program shall
     clause (i) shall certify that the small busi-       terminate at the end of the second full fiscal
     ness concern was in operation on the date           year after the date that the Administrator
     on which the applicable major disaster oc-          establishes the pilot program.
     curred as a condition of receiving the loan.          (D) MAXIMUM PARTICIPATION.—A covered
       (v) REPAYMENT ABILITY.—A loan guaran-             energy efficiency loan shall include the max-
     teed under clause (i) may only be made to           imum participation levels by the Adminis-
     a small business concern that dem-                  trator permitted for loans made under this
     onstrates, to the satisfaction of the Ad-           subsection.
     ministrator, sufficient capacity to repay             (E) FEES.—
     the loan.                                               (i) IN GENERAL.—The fee on a covered en-
       (vi) TIMING OF PAYMENT OF GUARAN-                   ergy efficiency loan shall be equal to 50
     TEES.—                                                percent of the fee otherwise applicable to
          (I) IN GENERAL.—Not later than 90 days           that loan under paragraph (18).
       after the date on which a request for pur-            (ii) WAIVER.—The Administrator may
       chase is filed with the Administrator,              waive clause (i) for a fiscal year if—
       the     Administrator    shall   determine               (I) for the fiscal year before that fiscal
       whether to pay the guaranteed portion of              year, the annual rate of default of cov-
       the loan.                                             ered energy efficiency loans exceeds that
          (II) RECAPTURE.—Notwithstanding any                of loans made under this subsection that
       other provision of law, unless there is a             are not covered energy efficiency loans;
       subsequent finding of fraud by a court of                (II) the cost to the Administration of
       competent jurisdiction relating to a loan             making loans under this subsection is
       guaranteed under clause (i), on and after             greater than zero and such cost is di-
       the date that is 6 months after the date              rectly attributable to the cost of making
       on which the Administrator determines                 covered energy efficiency loans; and
       to pay the guaranteed portion of the                     (III) no additional sources of revenue
       loan, the Administrator may not at-                   authority are available to reduce the
       tempt to recapture the paid guarantee.                cost of making loans under this sub-
                                                             section to zero.
       (vii) FEES.—
         (I) IN GENERAL.—Unless the Adminis-                  (iii) EFFECT OF WAIVER.—If the Adminis-
       trator has waived the guarantee fee that             trator waives the reduction of fees under
       would otherwise be collected by the Ad-              clause (ii), the Administrator—
       ministrator under paragraph (18) for a                    (I) shall not assess or collect fees in an
       loan guaranteed under clause (i), and ex-              amount greater than necessary to ensure
       cept as provided in subclause (II), the                that the cost of the program under this
       guarantee fee for the loan shall be equal              subsection is not greater than zero; and
       to the guarantee fee that the Adminis-                    (II) shall reinstate the fee reductions
       trator would collect if the guarantee                  under clause (i) when the conditions in
       rate for the loan was 50 percent.                      clause (ii) no longer apply.
         (II) EXCEPTION.—Subclause (I) shall not
       apply if the cost of carrying out the pro-     4 So in original.
§ 636                             TITLE 15—COMMERCE AND TRADE                                  Page 812

          (iv) NO INCREASE OF FEES.—The Adminis-              (II) the cost to the Administration of
        trator shall not increase the fees under            making loans under this subsection is
        paragraph (18) on loans made under this             greater than zero and such cost is di-
        subsection that are not covered energy ef-          rectly attributable to the cost of making
        ficiency loans as a direct result of the            veteran participation loans; and
        pilot program.                                        (III) no additional sources of revenue
                                                            authority are available to reduce the
        (F) GAO REPORT.—
                                                            cost of making loans under this sub-
          (i) IN GENERAL.—Not later than 1 year
                                                            section to zero.
        after the date that the pilot program ter-
        minates, the Comptroller General of the             (iii) EFFECT OF WAIVER.—If the Adminis-
        United States shall submit to the Com-            trator waives the reduction of fees under
        mittee on Small Business of the House of          clause (ii), the Administrator—
        Representatives and the Committee on                   (I) shall not assess or collect fees in an
        Small Business and Entrepreneurship of              amount greater than necessary to ensure
        the Senate a report on the pilot program.           that the cost of the program under this
          (ii) CONTENTS.—The report submitted               subsection is not greater than zero; and
        under clause (i) shall include—                        (II) shall reinstate the fee reductions
             (I) the number of covered energy effi-         under clause (i) when the conditions in
          ciency loans for which fees were reduced          clause (ii) no longer apply.
          under the pilot program;                          (iv) NO INCREASE OF FEES.—The Adminis-
             (II) a description of the energy effi-       trator shall not increase the fees under
          ciency savings with the pilot program;          paragraph (18) on loans made under this
             (III) a description of the impact of the     subsection that are not veteran participa-
          pilot program on the program under this         tion loans as a direct result of the pilot
          subsection;                                     program.
             (IV) an evaluation of the efficacy and
                                                          (F) GAO REPORT.—
          potential fraud and abuse of the pilot            (i) IN GENERAL.—Not later than 1 year
          program; and                                    after the date that the pilot program ter-
             (V) recommendations for improving            minates, the Comptroller General of the
          the pilot program.                              United States shall submit to the Com-
    (33) INCREASED VETERAN PARTICIPATION PRO-             mittee on Small Business of the House of
  GRAM.—                                                  Representatives and the Committee on
      (A) DEFINITIONS.—In this paragraph—                 Small Business and Entrepreneurship of
          (i) the term ‘‘cost’’ has the meaning           the Senate a report on the pilot program.
        given that term in section 661a of title 2;         (ii) CONTENTS.—The report submitted
          (ii) the term ‘‘pilot program’’ means the       under clause (i) shall include—
        pilot program established under subpara-               (I) the number of veteran participation
        graph (B); and                                      loans for which fees were reduced under
          (iii) the term ‘‘veteran participation            the pilot program;
        loan’’ means a loan made under this sub-               (II) a description of the impact of the
        section to a small business concern owned           pilot program on the program under this
        and controlled by veterans of the Armed             subsection;
        Forces or members of the reserve compo-                (III) an evaluation of the efficacy and
        nents of the Armed Forces.                          potential fraud and abuse of the pilot
                                                            program; and
      (B) ESTABLISHMENT.—The Administrator                     (IV) recommendations for improving
    shall establish and carry out a pilot program           the pilot program.
    under which the Administrator shall reduce
    the fees for veteran participation loans.           (34) EXPORT EXPRESS PROGRAM.—
                                                          (A) DEFINITIONS.—In this paragraph—
      (C) DURATION.—The pilot program shall
                                                             (i) the term ‘‘export development activ-
    terminate at the end of the second full fiscal
                                                          ity’’ includes—
    year after the date that the Administrator                  (I) obtaining a standby letter of credit
    establishes the pilot program.                           when required as a bid bond, perform-
      (D) MAXIMUM PARTICIPATION.—A veteran                   ance bond, or advance payment guar-
    participation loan shall include the max-                antee;
    imum participation levels by the Adminis-                   (II) participation in a trade show that
    trator permitted for loans made under this               takes place outside the United States;
    subsection.                                                 (III) translation of product brochures
      (E) FEES.—                                             or catalogues for use in markets outside
        (i) IN GENERAL.—The fee on a veteran                 the United States;
      participation loan shall be equal to 50 per-              (IV) obtaining a general line of credit
      cent of the fee otherwise applicable to that           for export purposes;
      loan under paragraph (18).                                (V) performing a service contract from
        (ii) WAIVER.—The Administrator may                   buyers located outside the United
      waive clause (i) for a fiscal year if—                 States;
           (I) for the fiscal year before that fiscal           (VI) obtaining transaction-specific fi-
        year, the annual estimated rate of de-               nancing associated with completing ex-
        fault of veteran participation loans ex-             port orders;
        ceeds that of loans made under this sub-                (VII) purchasing real estate or equip-
        section that are not veteran participa-              ment to be used in the production of
        tion loans;                                          goods or services for export;
Page 813                        TITLE 15—COMMERCE AND TRADE                                                    § 636

         (VIII) providing term loans or other fi-              (viii) the term ‘‘payroll costs’’—
       nancing to enable a small business con-                   (I) means—
       cern, including an export trading com-                      (aa) the sum of payments of any
       pany and an export management com-                        compensation with respect to employ-
       pany, to develop a market outside the                     ees that is a—
       United States; and                                             (AA) salary, wage, commission, or
         (IX) acquiring, constructing, ren-                        similar compensation;
       ovating, modernizing, improving, or ex-                        (BB) payment of cash tip or equiva-
       panding a production facility or equip-                     lent;
       ment to be used in the United States in                        (CC) payment for vacation, paren-
       the production of goods or services for                     tal, family, medical, or sick leave;
       export; and                                                    (DD) allowance for dismissal or
                                                                   separation;
       (ii) the term ‘‘express loan’’ means a                         (EE) payment required for the pro-
     loan in which a lender uses to the max-                       visions of group health care or group
     imum extent practicable the loan anal-                        life, disability, vision, or dental in-
     yses, procedures, and documentation of the                    surance benefits, including insurance
     lender to provide expedited processing of                     premiums;
     the loan application.                                            (FF) payment of any retirement
     (B) AUTHORITY.—The Administrator may                          benefit; or
   guarantee the timely payment of an express                         (GG) payment of State or local tax
   loan to a small business concern made for an                    assessed on the compensation of em-
   export development activity.                                    ployees; and
     (C) LEVEL OF PARTICIPATION.—                                   (bb) the sum of payments of any
       (i) MAXIMUM AMOUNT.—The maximum
                                                                  compensation to or income of a sole
     amount of an express loan guaranteed
                                                                  proprietor or independent contractor
     under this paragraph shall be $500,000.
                                                                  that is a wage, commission, income,
       (ii) PERCENTAGE.—For an express loan
                                                                  net earnings from self-employment, or
     guaranteed under this paragraph, the Ad-
                                                                  similar compensation and that is in an
     ministrator shall guarantee—
          (I) 90 percent of a loan that is not more               amount that is not more than $100,000
       than $350,000; and                                         on an annualized basis, as prorated for
          (II) 75 percent of a loan that is more                  the period during which the payments
       than $350,000 and not more than $500,000.                  are made or the obligation to make the
                                                                  payments is incurred; and
   (35) LOANS TO COOPERATIVES.—
     (A) DEFINITION.—In this paragraph, the                       (II) shall not include—
   term ‘‘cooperative’’ means an entity that is                     (aa) the compensation of an indi-
   determined to be a cooperative by the Ad-                      vidual employee in excess of $100,000 on
   ministrator, in accordance with applicable                     an annualized basis, as prorated for the
   Federal and State laws and regulation.                         period during which the compensation
     (B) AUTHORITY.—The Administration shall                      is paid or the obligation to pay the
   guarantee loans made to a cooperative for                      compensation is incurred;
   the purpose described in paragraph (15).                         (bb) taxes imposed or withheld under
                                                                  chapters 21, 22, or 24 of title 26 during
   (36) PAYCHECK PROTECTION PROGRAM.—                             the applicable period;
     (A) DEFINITIONS.—In this paragraph—
                                                                    (cc) any compensation of an em-
        (i) the terms ‘‘appropriate Federal bank-
                                                                  ployee whose principal place of resi-
     ing agency’’ and ‘‘insured depository insti-
                                                                  dence is outside of the United States;
     tution’’ have the meanings given those
                                                                    (dd) qualified sick leave wages for
     terms in section 1813 of title 12;
        (ii) the term ‘‘covered loan’’ means a                    which a credit is allowed under section
     loan made under this paragraph during the                    7001 of the Families First Coronavirus
     covered period;                                              Response Act (Public Law 116–127); or
        (iii) the term ‘‘covered period’’ means                     (ee) qualified family leave wages for
     the period beginning on February 15, 2020                    which a credit is allowed under section
     and ending on June 30, 2021;                                 7003 of the Families First Coronavirus
        (iv) the term ‘‘eligible recipient’’ means                Response Act (Public Law 116–127);
     an individual or entity that is eligible to               (ix) the term ‘‘veterans organization’’
     receive a covered loan;                                 means an organization that is described in
        (v) the term ‘‘eligible self-employed indi-          section 501(c)(19) of title 26 that is exempt
     vidual’’ has the meaning given the term in              from taxation under section 501(a) of title
     section 7002(b) of the Families First                   26;
     Coronavirus Response Act (Public Law                      (x) the term ‘‘community development
     116–127);                                               financial institution’’ has the meaning
        (vi) the term ‘‘insured credit union’’ has           given the term in section 4702 of title 12); 5
     the meaning given the term in section 1752                (xi) the term ‘‘community financial in-
     of title 12;                                            stitutions’’ means—
        (vii) the term ‘‘nonprofit organization’’                (I) a community development financial
     means an organization that is described in                institution;
     section 501(c)(3) of title 26 and that is ex-
     empt from taxation under section 501(a) of         5 So in original. The closing parenthesis probably should not

     title 26;                                        appear.
§ 636                              TITLE 15—COMMERCE AND TRADE                                 Page 814

            (II) a minority depository institution,          would be described in section 120.110 of
          as defined in section 308 of the Financial         title 13, Code of Federal Regulations (or
          Institutions Reform, Recovery, and En-             in any successor regulation or other re-
          forcement Act of 1989 (12 U.S.C. 1463              lated guidance or rule that may be
          note);                                             issued by the Administrator) other than
            (III) a development company that is              a business concern described in para-
          certified under title V of the Small Busi-         graph (a) or (k) of such section.
          ness Investment Act of 1958 (15 U.S.C. 695        (B) PAYCHECK PROTECTION LOANS.—Except
          et seq.); and                                   as otherwise provided in this paragraph, the
            (IV) an intermediary, as defined in sub-      Administrator may guarantee covered loans
          section (m)(11);                                under the same terms, conditions, and proc-
          (xii) the term ‘‘credit union’’ means a         esses as a loan made under this subsection.
        State credit union or a Federal credit              (C) REGISTRATION OF LOANS.—Not later
        union, as those terms are defined, respec-        than 15 days after the date on which a loan
        tively, in section 1752 of title 12;              is made under this paragraph, the Adminis-
          (xiii) the term ‘‘seasonal employer’’           tration shall register the loan using the TIN
        means an eligible recipient that—                 (as defined in section 7701 of title 26) as-
            (I) does not operate for more than 7          signed to the borrower.
          months in any calendar year; or                   (D) INCREASED ELIGIBILITY FOR CERTAIN
            (II) during the preceding calendar year,      SMALL BUSINESSES AND ORGANIZATIONS.—
          had gross receipts for any 6 months of              (i) IN GENERAL.—During the covered pe-
          that year that were not more than 33.33           riod, in addition to small business con-
          percent of the gross receipts of the em-          cerns, any business concern, nonprofit or-
          ployer for the other 6 months of that             ganization, housing cooperative, veterans
          year;                                             organization, or Tribal business concern
                                                            described in section 657a(b)(2)(C) of this
          (xiv) the term ‘‘housing cooperative’’            title shall be eligible to receive a covered
        means a cooperative housing corporation             loan if the business concern, nonprofit or-
        (as defined in section 216(b) of title 26) that     ganization, housing cooperative, veterans
        employs not more than 300 employees;                organization, or Tribal business concern
          (xv) the term ‘‘destination marketing or-         employs not more than the greater of—
        ganization’’ means a nonprofit entity that               (I) 500 employees; or
        is—                                                      (II) if applicable, the size standard in
            (I) an organization described in section          number of employees established by the
          501(c) of title 26 and exempt from tax              Administration for the industry in which
          under section 501(a) of such title; or              the business concern, nonprofit organiza-
            (II) a State, or a political subdivision          tion, housing cooperative, veterans orga-
          of a State (including any instrumen-                nization, or Tribal business concern op-
          tality of such entities)—                           erates.
              (aa) engaged in marketing and pro-
            moting communities and facilities to             (ii) INCLUSION OF SOLE PROPRIETORS,
            businesses     and    leisure    travelers     INDEPENDENT CONTRACTORS, AND ELIGIBLE
            through a range of activities, includ-         SELF-EMPLOYED INDIVIDUALS.—
            ing—                                                (I) IN GENERAL.—During the covered
                 (AA) assisting with the location of         period, individuals who operate under a
              meeting and convention sites;                  sole proprietorship or as an independent
                 (BB) providing travel information           contractor and eligible self-employed in-
              on area attractions, lodging accom-            dividuals shall be eligible to receive a
              modations, and restaurants;                    covered loan.
                 (CC) providing maps; and                      (II) DOCUMENTATION.—An eligible self-
                 (DD) organizing group tours of              employed individual, independent con-
              local historical, recreational, and            tractor, or sole proprietorship seeking a
              cultural attractions; or                       covered loan shall submit such docu-
                                                             mentation as determined necessary by
              (bb) that is engaged in, and derives           the Administrator and the Secretary, to
            the majority of the operating budget of          establish the applicant as eligible.
            the entity from revenue attributable
                                                             (iii) BUSINESS CONCERNS WITH MORE THAN
            to, providing live events;
                                                           1 PHYSICAL LOCATION.—
          (xvi) the terms ‘‘exchange’’, ‘‘issuer’’,             (I) IN GENERAL.—During the covered
        and ‘‘security’’ have the meanings given             period, any business concern that em-
        those terms in section 78c(a) of this title;         ploys not more than 500 employees per
        and                                                  physical location of the business concern
          (xvii) the term ‘‘additional covered non-          and that is assigned a North American
        profit entity’’—                                     Industry Classification System code be-
            (I) means an organization described in           ginning with 72 at the time of disbursal
          any paragraph of section 501(c) of title           shall be eligible to receive a covered
          26, other than paragraph (3), (4), (6), or         loan.
          (19), and exempt from tax under section              (II) ELIGIBILITY OF NEWS ORGANIZA-
          501(a) of such title; and                          TIONS.—
            (II) does not include any entity that, if            (aa) DEFINITION.—In this subclause,
          the entity were a business concern,                  the term ‘‘included business concern’’
Page 815                          TITLE 15—COMMERCE AND TRADE                                    § 636

           means a business concern, including            tem code of 519130, certifies in good faith
           any station which broadcasts pursuant          as an Internet-only news publisher or
           to a license granted by the Federal            Internet-only periodical publisher, and is
           Communications Commission under                engaged in the collection and distribu-
           title III of the Communications Act of         tion of local or regional and national
           1934 (47 U.S.C. 301 et seq.) without re-       news and information shall be eligible to
           gard for whether such a station is a           receive a covered loan for the continued
           concern as defined in section 121.105 of       provision of news, information, content,
           title 13, Code of Federal Regulations,         or emergency information if—
           or any successor thereto—                          (aa) the business concern or organi-
               (AA) that employs not more than              zation employs not more than 500 em-
             500 employees, or the size standard            ployees, or the size standard estab-
             established by the Administrator for           lished by the Administrator for that
             the North American Industry Classi-            North American Industry Classifica-
             fication System code applicable to             tion code, per physical location of the
             the business concern, per physical lo-         business concern or organization; and
             cation of such business concern; or              (bb) the business concern or organi-
               (BB) any nonprofit organization or           zation makes a good faith certification
             any organization otherwise subject             that proceeds of the loan will be used
             to section 511(a)(2)(B) of title 26 that       to support expenses at the component
             is a public broadcasting entity (as            of the business concern or organization
             defined in section 397(11) of the Com-         that supports local or regional news.
             munications Act of 1934 (47 U.S.C.
             397(11))).                                   (iv) WAIVER OF AFFILIATION RULES.—Dur-
                                                        ing the covered period, the provisions ap-
             (bb) ELIGIBILITY.—During the covered       plicable to affiliations under section
           period, an included business concern         121.103 of title 13, Code of Federal Regula-
           shall be eligible to receive a covered       tions, or any successor regulation, are
           loan if—                                     waived with respect to eligibility for a
               (AA) the included business concern       covered loan for—
             is majority owned or controlled by a           (I) any business concern with not more
             business concern that is assigned a          than 500 employees that, as of the date
             North American Industry Classifica-          on which the covered loan is disbursed, is
             tion System code beginning with              assigned a North American Industry
             511110 or 5151 or, with respect to a         Classification System code beginning
             public broadcasting entity (as de-           with 72;
             fined in section 397(11) of the Com-           (II) any business concern operating as
             munications Act of 1934 (47 U.S.C.           a franchise that is assigned a franchise
             397(11))), has a trade or business that      identifier code by the Administration;
             falls under such a code; and                   (III) any business concern that receives
               (BB) the included business concern         financial assistance from a company li-
             makes a good faith certification that        censed under section 681 of this title;
             proceeds of the loan will be used to           (IV)(aa) any business concern (includ-
             support expenses at the component            ing any station which broadcasts pursu-
             of the included business concern that        ant to a license granted by the Federal
             produces or distributes locally fo-          Communications Commission under title
             cused or emergency information.              III of the Communications Act of 1934 (47
                                                          U.S.C. 301 et seq.) without regard for
         (III) ELIGIBILITY OF CERTAIN ORGANIZA-
                                                          whether such a station is a concern as
       TIONS.—Subject to the provisions in this
                                                          defined in section 121.105 of title 13, Code
       subparagraph, during the covered pe-
                                                          of Federal Regulations, or any successor
       riod—
                                                          thereto) that employs not more than 500
           (aa) a nonprofit organization shall be
                                                          employees, or the size standard estab-
         eligible to receive a covered loan if the
                                                          lished by the Administrator for the
         nonprofit organization employs not
                                                          North American Industry Classification
         more than 500 employees per physical
                                                          System code applicable to the business
         location of the organization; and
                                                          concern, per physical location of such
           (bb) an additional covered nonprofit
                                                          business concern and is majority owned
         entity and an organization that, but
                                                          or controlled by a business concern that
         for subclauses (I)(dd) and (II)(dd) of
                                                          is assigned a North American Industry
         clause (vii), would be eligible for a cov-
                                                          Classification System code beginning
         ered loan under clause (vii) shall be eli-
                                                          with 511110 or 5151; or
         gible to receive a covered loan if the
                                                            (bb) any nonprofit organization that is
         entity or organization employs not
                                                          assigned a North American Industry
         more than 300 employees per physical
                                                          Classification System code beginning
         location of the entity or organization.
                                                          with 5151; and
         (IV) ELIGIBILITY OF INTERNET PUB-                  (V) any business concern or other orga-
       LISHING ORGANIZATIONS.—A business con-             nization that was not eligible to receive
       cern or other organization that was not            a covered loan the day before March 11,
       eligible to receive a covered loan the day         2021, is assigned a North American Indus-
       before March 11, 2021, is assigned a North         try Classification System code of 519130,
       American Industry Classification Sys-              certifies in good faith as an Internet-
§ 636                               TITLE 15—COMMERCE AND TRADE                                                 Page 816

          only news publisher or Internet-only pe-                 nization shall be eligible to receive a
          riodical publisher, and is engaged in the                covered loan if—
          collection and distribution of local or re-                  (aa) the destination marketing orga-
          gional and national news and informa-                      nization does not receive more than 15
          tion, if the business concern or organiza-                 percent of its receipts from lobbying
          tion—                                                      activities;
              (aa) employs not more than 500 em-                       (bb) the lobbying activities of the
            ployees, or the size standard estab-                     destination marketing organization do
            lished by the Administrator for that                     not comprise more than 15 percent of
            North American Industry Classifica-                      the total activities of the organization;
            tion code, per physical location of the                    (cc) the cost of the lobbying activi-
            business concern or organization; and                    ties of the destination marketing orga-
              (bb) is majority owned or controlled                   nization did not exceed $1,000,000 dur-
            by a business concern or organization                    ing the most recent tax year of the
            that is assigned a North American In-                    destination marketing organization
            dustry Classification System code of                     that ended prior to February 15, 2020;
            519130.                                                  and 6
           (v) EMPLOYEE.—For purposes of deter-                        (dd) the destination marketing orga-
        mining whether a business concern, non-                      nization employs not more than 300
        profit organization, veterans organization,                  employees; and
        or Tribal business concern described in                        (ee) the destination marketing orga-
        section 657a(b)(2)(C) of this title employs                  nization—
        not more than 500 employees under clause                         (AA) is described in section 501(c)
        (i)(I), or for purposes of determining the                     of title 26 and is exempt from tax-
        number of employees of a housing coopera-                      ation under section 501(a) of such
        tive or a business concern or organization                     title; or
                                                                         (BB) is a quasi-governmental enti-
        made eligible for a loan under this para-
                                                                       ty or is a political subdivision of a
        graph under subclause (II), (III), or (IV) of
                                                                       State or local government, including
        clause (iii), subclause (IV) or (V) of clause
                                                                       any instrumentality of those enti-
        (iv), clause (vii), or clause (ix), the term
                                                                       ties.
        ‘‘employee’’ includes individuals employed
        on a full-time, part-time, or other basis.                (viii) INELIGIBILITY OF PUBLICLY-TRADED
           (vi) AFFILIATION.—The provisions appli-              ENTITIES.—
        cable to affiliations under section 121.103                 (I) IN GENERAL.—Subject to subclause
        of title 13, Code of Federal Regulations, or               (II), and notwithstanding any other pro-
        any successor thereto, shall apply with re-                vision of this paragraph, on and after De-
        spect to a nonprofit organization, a busi-                 cember 27, 2020, an entity that is an
        ness concern or organization made eligible                 issuer, the securities of which are listed
        for a loan under this paragraph under                      on an exchange registered as a national
        clause (vii), a housing cooperative, and a                 securities exchange under section 78f of
        veterans organization in the same manner                   this title, shall be ineligible to receive a
        as with respect to a small business con-                   covered loan under this paragraph.
        cern.                                                        (II) RULE FOR AFFILIATED ENTITIES.—
           (vii) ELIGIBILITY FOR CERTAIN 501(c)(6) OR-             With respect to a business concern or or-
        GANIZATIONS.—                                              ganization made eligible by subclause
             (I) IN GENERAL.—Any organization that                 (II) or (IV) of clause (iii) or subclause
           is described in section 501(c)(6) of title 26           (IV) or (V) of clause (iv) of this subpara-
           and that is exempt from taxation under                  graph, the Administrator shall not con-
           section 501(a) of such title (excluding                 sider whether any affiliated entity,
           professional sports leagues and organiza-               which for purposes of this subclause
           tions with the purpose of promoting or                  shall include any entity that owns or
           participating in a political campaign or                controls such business concern or organi-
           other activity) shall be eligible to re-                zation, is an issuer.
           ceive a covered loan if—                               (ix) ELIGIBILITY OF ADDITIONAL COVERED
               (aa) the organization does not re-               NONPROFIT ENTITIES.—An additional cov-
             ceive more than 15 percent of its re-              ered nonprofit entity shall be eligible to
             ceipts from lobbying activities;                   receive a covered loan if—
               (bb) the lobbying activities of the or-              (I) the additional covered nonprofit en-
             ganization do not comprise more than                 tity does not receive more than 15 per-
             15 percent of the total activities of the            cent of its receipts from lobbying activi-
             organization;                                        ties;
               (cc) the cost of the lobbying activi-                (II) the lobbying activities of the addi-
             ties of the organization did not exceed              tional covered nonprofit entity do not
             $1,000,000 during the most recent tax                comprise more than 15 percent of the
             year of the organization that ended                  total activities of the organization;
             prior to February 15, 2020; and                        (III) the cost of the lobbying activities
               (dd) the organization employs not                  of the additional covered nonprofit enti-
             more than 300 employees.                             ty did not exceed $1,000,000 during the
            (II) DESTINATION MARKETING ORGANIZA-
          TIONS.—Any destination marketing orga-           6 So in original. The word ‘‘and’’ probably should not appear.
Page 817                        TITLE 15—COMMERCE AND TRADE                                   § 636

       most recent tax year of the additional            (VI) utilities;
       covered nonprofit entity that ended prior         (VII) interest on any other debt obliga-
       to February 15, 2020; and                       tions that were incurred before the cov-
         (IV) the additional covered nonprofit         ered period;
       entity employs not more than 300 em-              (VIII) covered operations expenditures,
       ployees.                                        as defined in section 636m(a) of this title;
     (E) MAXIMUM LOAN AMOUNT.—Except as                  (IX) covered property damage costs, as
   provided in subparagraph (V), during the            defined in section 636m(a) of this title;
   covered period, with respect to a covered             (X) covered supplier costs, as defined
   loan, the maximum loan amount shall be the          in section 636m(a) of this title; and
   lesser of—                                            (XI) covered worker protection expend-
       (i)(I) the sum of—                              itures, as defined in section 636m(a) of
          (aa) the product obtained by multi-          this title.
       plying—                                         (ii) DELEGATED AUTHORITY.—
            (AA) the average total monthly pay-           (I) IN GENERAL.—For purposes of mak-
          ments by the applicant for payroll           ing covered loans for the purposes de-
          costs incurred during the 1-year period      scribed in clause (i), a lender approved to
          before the date on which the loan is         make loans under this subsection shall
          made, except that an applicant that is       be deemed to have been delegated au-
          a seasonal employer shall use the aver-      thority by the Administrator to make
          age total monthly payments for pay-          and approve covered loans, subject to the
          roll for any 12-week period selected by      provisions of this paragraph.
          the seasonal employer between Feb-              (II) CONSIDERATIONS.—In evaluating
          ruary 15, 2019, and February 15, 2020; by    the eligibility of a borrower for a cov-
            (BB) 2.5; and                              ered loan with the terms described in
         (bb) the outstanding amount of a loan         this paragraph, a lender shall consider
       under subsection (b)(2) that was made           whether the borrower—
       during the period beginning on January               (aa) was in operation on February 15,
       31, 2020 and ending on the date on which           2020; and
       covered loans are made available to be               (bb)(AA) had employees for whom
       refinanced under the covered loan; or              the borrower paid salaries and payroll
                                                          taxes; or
       (II) if requested by an otherwise eligible           (BB) paid independent contractors,
     recipient that was not in business during            as reported on a Form 1099–MISC.
     the period beginning on February 15, 2019
     and ending on June 30, 2019, the sum of—           (iii) ADDITIONAL LENDERS.—The author-
         (aa) the product obtained by multi-          ity to make loans under this paragraph
       plying—                                        shall be extended to additional lenders de-
            (AA) the average total monthly pay-       termined by the Administrator and the
         ments by the applicant for payroll           Secretary of the Treasury to have the nec-
         costs incurred during the period begin-      essary qualifications to process, close, dis-
         ning on January 1, 2020 and ending on        burse and service loans made with the
         February 29, 2020; by                        guarantee of the Administration.
            (BB) 2.5; and                               (iv) REFINANCE.—A loan made under sub-
                                                      section (b)(2) during the period beginning
         (bb) the outstanding amount of a loan
                                                      on January 31, 2020 and ending on the date
       under subsection (b)(2) that was made
                                                      on which covered loans are made available
       during the period beginning on January
                                                      may be refinanced as part of a covered
       31, 2020 and ending on the date on which
                                                      loan.
       covered loans are made available to be           (v) NONRECOURSE.—Notwithstanding the
       refinanced under the covered loan; or          waiver of the personal guarantee require-
       (ii) $10,000,000.                              ment or collateral under subparagraph (J),
     (F) ALLOWABLE USES OF COVERED LOANS.—            the Administrator shall have no recourse
       (i) IN GENERAL.—During the covered pe-         against any individual shareholder, mem-
     riod, an eligible recipient may, in addition     ber, or partner of an eligible recipient of a
     to the allowable uses of a loan made under       covered loan for nonpayment of any cov-
     this subsection, use the proceeds of the         ered loan, except to the extent that such
     covered loan for—                                shareholder, member, or partner uses the
          (I) payroll costs;                          covered loan proceeds for a purpose not au-
          (II) costs related to the continuation of   thorized under clause (i) or (iv).
       group health care benefits during periods        (vi) PROHIBITION.—None of the proceeds
       of paid sick, medical, or family leave,        of a covered loan may be used for—
       and insurance premiums;                             (I) lobbying activities, as defined in
          (III) employee salaries, commissions,         section 1602 of title 2;
       or similar compensations;                           (II) lobbying expenditures related to a
          (IV) payments of interest on any mort-        State or local election; or
       gage obligation (which shall not include            (III) expenditures designed to influence
       any prepayment of or payment of prin-            the enactment of legislation, appropria-
       cipal on a mortgage obligation);                 tions, regulation, administrative action,
          (V) rent (including rent under a lease        or Executive order proposed or pending
       agreement);                                      before Congress or any State govern-
§ 636                                      TITLE 15—COMMERCE AND TRADE                           Page 818

         ment, State legislature, or local legisla-              (I) IN GENERAL.—In this subparagraph,
         ture or legislative body.                             the term ‘‘impacted borrower’’ means an
        (G) BORROWER REQUIREMENTS.—                            eligible recipient that—
          (i) 7 CERTIFICATION.—An eligible recipient               (aa) is in operation on February 15,
        applying for a covered loan shall make a                 2020; and
        good faith certification—                                  (bb) has an application for a covered
             (I) that the uncertainty of current eco-            loan that is approved or pending ap-
          nomic conditions makes necessary the                   proval on or after March 27, 2020.
          loan request to support the ongoing op-                (II) PRESUMPTION.—For purposes of
          erations of the eligible recipient;                  this subparagraph, an impacted borrower
             (II) acknowledging that funds will be             is presumed to have been adversely im-
          used to retain workers and maintain                  pacted by COVID–19.
          payroll or make mortgage payments,
          lease payments, and utility payments;                (ii)     DEFERRAL.—The       Administrator
             (III) that the eligible recipient does          shall—
          not have an application pending for a                   (I) consider each eligible recipient that
          loan under this subsection for the same              applies for a covered loan to be an im-
          purpose and duplicative of amounts ap-               pacted borrower; and
          plied for or received under a covered                   (II) require lenders under this sub-
          loan; and                                            section to provide complete payment
             (IV) during the period beginning on               deferment relief for impacted borrowers
          February 15, 2020 and ending on Decem-               with covered loans, including payment of
          ber 31, 2020, that the eligible recipient            principal, interest, and fees, until the
          has not received amounts under this sub-             date on which the amount of forgiveness
          section for the same purpose and dupli-              determined under section 636m of this
          cative of amounts applied for or received            title is remitted to the lender.
          under a covered loan.                                (iii) SECONDARY MARKET.—With respect
      (H) FEE WAIVER.—With respect to a cov-                 to a covered loan that is sold on the sec-
    ered loan—                                               ondary market, if an investor declines to
        (i) in lieu of the fee otherwise applicable          approve a deferral requested by a lender
      under paragraph (23)(A), the Administrator             under clause (ii), the Administrator shall
      shall collect no fee; and                              exercise the authority to purchase the
        (ii) in lieu of the fee otherwise applicable         loan so that the impacted borrower may
      under paragraph (18)(A), the Administrator             receive a deferral, including payment of
      shall collect no fee.                                  principal, interest, and fees, until the date
                                                             on which the amount of forgiveness deter-
      (I) CREDIT ELSEWHERE.—During the covered               mined under section 636m of this title is
    period, the requirement that a small busi-               remitted to the lender.
    ness concern is unable to obtain credit else-              (iv) GUIDANCE.—Not later than 30 days
    where, as defined in section 632(h) of this              after March 27, 2020, the Administrator
    title, shall not apply to a covered loan.                shall provide guidance to lenders under
      (J) WAIVER OF PERSONAL GUARANTEE RE-                   this paragraph on the deferment process
    QUIREMENT.—With respect to a covered                     described in this subparagraph.
    loan—                                                      (v) RULE OF CONSTRUCTION.—If an eligible
        (i) no personal guarantee shall be re-               recipient fails to apply for forgiveness of a
      quired for the covered loan; and                       covered loan within 10 months after the
        (ii) no collateral shall be required for the         last day of the covered period defined in
      covered loan.                                          section 636m(a) of this title, such eligible
      (K) MATURITY FOR LOANS WITH REMAINING                  recipient shall make payments of prin-
    BALANCE AFTER APPLICATION OF FORGIVE-                    cipal, interest, and fees on such covered
    NESS.—With respect to a covered loan that                loan beginning on the day that is not ear-
    has a remaining balance after reduction                  lier than the date that is 10 months after
    based on the loan forgiveness amount under               the last day of such covered period.
    section 636m of this title—
                                                              (N) SECONDARY MARKET SALES.—A covered
        (i) the remaining balance shall continue
                                                            loan shall be eligible to be sold in the sec-
      to be guaranteed by the Administration
                                                            ondary market consistent with this sub-
      under this subsection; and
                                                            section. The Administrator may not collect
        (ii) the covered loan shall have a min-
                                                            any fee for any guarantee sold into the sec-
      imum maturity of 5 years and a maximum
                                                            ondary market under this subparagraph.
      maturity of 10 years from the date on
                                                              (O) REGULATORY CAPITAL REQUIREMENTS.—
      which the borrower applies for loan for-
                                                                (i) RISK WEIGHT.—With respect to the ap-
      giveness under that section.
                                                              propriate Federal banking agencies or the
      (L) INTEREST RATE REQUIREMENTS.—A cov-                  National Credit Union Administration
    ered loan shall bear an interest rate not to              Board applying capital requirements under
    exceed 4 percent, calculated on a non-                    their respective risk-based capital require-
    compounding, non-adjustable basis.                        ments, a covered loan shall receive a risk
      (M) LOAN DEFERMENT.—                                    weight of zero percent.
        (i) DEFINITION OF IMPACTED BORROWER.—                   (ii) TEMPORARY RELIEF FROM TDR DISCLO-
                                                              SURES.—Notwithstanding any other provi-
 7 So in original. No cl. (ii) has been enacted.              sion of law, an insured depository institu-
Page 819                         TITLE 15—COMMERCE AND TRADE                                      § 636

     tion or an insured credit union that modi-           (iii) TIMING.—A reimbursement described
     fies a covered loan in relation to                 in clause (i) shall be made not later than 5
     COVID–19-related difficulties in a troubled        days after the reported disbursement of
     debt restructuring on or after March 13,           the covered loan and may not be required
     2020, shall not be required to comply with         to be repaid by a lender unless the lender
     the Financial Accounting Standards Board           is found guilty of an act of fraud in con-
     Accounting Standards Codification Sub-             nection with the covered loan.
     topic 310–40 (‘‘Receivables – Troubled Debt          (iv) SENSE OF THE SENATE.—It is the
     Restructurings by Creditors’’) for purposes        sense of the Senate that the Administrator
     of compliance with the requirements of             should issue guidance to lenders and
     the Federal Deposit Insurance Act (12              agents to ensure that the processing and
     U.S.C. 1811 et seq.), until such time and          disbursement of covered loans prioritizes
     under such circumstances as the appro-             small business concerns and entities in un-
     priate Federal banking agency or the Na-           derserved and rural markets, including
     tional Credit Union Administration Board,          veterans and members of the military
     as applicable, determines appropriate.             community, small business concerns
     (P) REIMBURSEMENT FOR PROCESSING.—                 owned and controlled by socially and eco-
       (i) IN GENERAL.—The Administrator shall          nomically disadvantaged individuals (as
     reimburse a lender authorized to make a            defined in section 637(d)(3)(C) of this title),
     covered loan as follows:                           women, and businesses in operation for
          (I) With respect to a covered loan made       less than 2 years.
       during the period beginning on March 27,          (Q) DUPLICATION.—Nothing in this para-
       2020, and ending on the day before De-          graph shall prohibit a recipient of an eco-
       cember 27, 2020, the Administrator shall        nomic injury disaster loan made under sub-
       reimburse such a lender at a rate, based        section (b)(2) that is for a purpose other than
       on the balance of the financing out-            paying payroll costs and other obligations
       standing at the time of disbursement of         described in subparagraph (F) from receiving
       the covered loan, of—                           assistance under this paragraph.
            (aa) 5 percent for loans of not more         (R) WAIVER OF PREPAYMENT PENALTY.—
          than $350,000;                               Notwithstanding any other provision of law,
            (bb) 3 percent for loans of more than      there shall be no prepayment penalty for
          $350,000 and less than $2,000,000; and       any payment made on a covered loan.
            (cc) 1 percent for loans of not less         (S) SET-ASIDE FOR INSURED DEPOSITORY IN-
          than $2,000,000.                             STITUTIONS, CREDIT UNIONS, AND COMMUNITY
                                                       FINANCIAL INSTITUTIONS.—
         (II) With respect to a covered loan               (i) INSURED DEPOSITORY INSTITUTIONS AND
       made on or after December 27, 2020, the           CREDIT UNIONS.—In making loan guaran-
       Administrator shall reimburse such a              tees under this paragraph after April 24,
       lender—                                           2020, the Administrator shall guarantee
           (aa) for a covered loan of not more           not less than $30,000,000,000 in loans made
         than $50,000, in an amount equal to the         by—
         lesser of—                                           (I) insured depository institutions with
             (AA) 50 percent of the balance of             consolidated assets of not less than
           the financing outstanding at the                $10,000,000,000      and      less     than
           time of disbursement of the covered             $50,000,000,000; and
           loan; or                                           (II) credit unions with consolidated as-
             (BB) $2,500; and                              sets of not less than $10,000,000,000 and
             (bb) at a rate, based on the balance of       less than $50,000,000,000.
           the financing outstanding at the time          (ii) COMMUNITY FINANCIAL INSTITUTIONS,
           of disbursement of the covered loan,         SMALL INSURED DEPOSITORY INSTITUTIONS,
           of—                                          AND CREDIT UNIONS.—In making loan guar-
               (AA) 5 percent for a covered loan of     antees under this paragraph after April 24,
             more than $50,000 and not more than        2020, the Administrator shall guarantee
             $350,000;                                  not less than $30,000,000,000 in loans made
               (BB) 3 percent for a covered loan of     by—
             more than $350,000 and less than               (I) community financial institutions;
             $2,000,000; and                                (II) insured depository institutions
               (CC) 1 percent for a covered loan of       with consolidated assets of less than
             not less than $2,000,000.                    $10,000,000,000; and
       (ii) FEE LIMITS.—An agent that assists an            (III) credit unions with consolidated
     eligible recipient to prepare an application         assets of less than $10,000,000,000.
     for a covered loan may not collect a fee in         (T) REQUIREMENT FOR DATE IN OPERATION.—
     excess of the limits established by the Ad-       A business or organization that was not in
     ministrator. If an eligible recipient has         operation on February 15, 2020 shall not be
     knowingly retained an agent, such fees            eligible for a loan under this paragraph.
     shall be paid by the eligible recipient and         (U) EXCLUSION OF ENTITIES RECEIVING SHUT-
     may not be paid out of the proceeds of a          TERED VENUE OPERATOR GRANTS.—An eligible
     covered loan. A lender shall only be re-          person or entity (as defined under of 4 sec-
     sponsible for paying fees to an agent for         tion 9009a of this title) that receives a grant
     services for which the lender directly con-       under such section 9009a shall not be eligible
     tracts with the agent.                            for a loan under this paragraph.
§ 636                                     TITLE 15—COMMERCE AND TRADE                            Page 820

      (V) CALCULATION OF MAXIMUM LOAN AMOUNT                (A) DEFINITIONS.—In this paragraph—
    FOR FARMERS AND RANCHERS.—                                 (i) the terms ‘‘additional covered non-
        (i) DEFINITION.—In this subparagraph,               profit entity’’, ‘‘eligible self-employed in-
        the term ‘‘covered recipient’’ means an eli-        dividual’’, ‘‘housing cooperative’’, ‘‘non-
        gible recipient that—                               profit organization’’, ‘‘payroll costs’’,
            (I) operates as a sole proprietorship or        ‘‘seasonal employer’’, and ‘‘veterans orga-
          as an independent contractor, or is an el-        nization’’ have the meanings given those
          igible self-employed individual;                  terms in paragraph (36), except that ‘‘eligi-
            (II) reports farm income or expenses on         ble entity’’ shall be substituted for ‘‘eligi-
          a Schedule F (or any equivalent suc-              ble recipient’’ each place it appears in the
          cessor schedule); and                             definitions of those terms;
            (III) was in business as of February 15,           (ii) the term ‘‘covered loan’’ means a
          2020.                                             loan made under this paragraph;
          (ii) NO EMPLOYEES .—With respect to 8                (iii) the terms ‘‘covered mortgage obliga-
        covered recipient without employees, the            tion’’, ‘‘covered operating expenditure’’,
        maximum covered loan amount shall be                ‘‘covered property damage cost’’, ‘‘covered
        the lesser of—                                      rent obligation’’, ‘‘covered supplier cost’’,
             (I) the sum of—                                ‘‘covered utility payment’’, and ‘‘covered
               (aa) the product obtained by multi-          worker protection expenditure’’ have the
             plying—                                        meanings given those terms in section
                  (AA) the gross income of the cov-         636m(a) of this title;
               ered recipient in 2019, as reported on          (iv) the term ‘‘eligible entity’’—
               a Schedule F (or any equivalent suc-               (I) means any business concern, non-
               cessor schedule), that is not more              profit organization, housing cooperative,
               than $100,000, divided by 12; and               veterans organization, Tribal business
                  (BB) 2.5; and                                concern, eligible self-employed indi-
              (bb) the outstanding amount of a                 vidual, sole proprietor, independent con-
            loan under subsection (b)(2) that was              tractor, or small agricultural coopera-
            made during the period beginning on                tive that—
            January 31, 2020 and ending on April 3,                 (aa) employs not more than 300 em-
            2020 that the borrower intends to refi-               ployees; and
            nance under the covered loan, not in-                   (bb)(AA) except as provided in
            cluding any amount of any advance                     subitems (BB), (CC), and (DD), had
            under the loan that is not required to                gross receipts during the first, second,
            be repaid; or                                         third, or, only with respect to an appli-
                                                                  cation submitted on or after January
            (II) $2,000,000.                                      1, 2021, fourth quarter in 2020 that dem-
          (iii) WITH EMPLOYEES.—With respect to a                 onstrate not less than a 25 percent re-
        covered recipient with employees, the                     duction from the gross receipts of the
        maximum covered loan amount shall be                      entity during the same quarter in 2019;
        calculated using the formula described in                   (BB) if the entity was not in business
        subparagraph (E), except that the gross in-               during the first or second quarter of
        come of the covered recipient described in                2019, but was in business during the
        clause (ii)(I)(aa)(AA) of this subparagraph,              third and fourth quarter of 2019, had
        as divided by 12, shall be added to the sum               gross receipts during the first, second,
        calculated under subparagraph (E)(i)(I).                  third, or, only with respect to an appli-
          (iv) RECALCULATION.—A lender that made                  cation submitted on or after January
        a covered loan to a covered recipient be-                 1, 2021, fourth quarter of 2020 that dem-
        fore December 27, 2020 may, at the request                onstrate not less than a 25 percent re-
        of the covered recipient—                                 duction from the gross receipts of the
             (I) recalculate the maximum loan
                                                                  entity during the third or fourth quar-
          amount applicable to that covered loan
                                                                  ter of 2019;
          based on the formula described in clause
                                                                    (CC) if the entity was not in business
          (ii) or (iii), as applicable, if doing so
          would result in a larger covered loan                   during the first, second, or third quar-
          amount; and                                             ter of 2019, but was in business during
             (II) provide the covered recipient with              the fourth quarter of 2019, had gross re-
          additional covered loan amounts based                   ceipts during the first, second, third,
          on that recalculation.                                  or, only with respect to an application
                                                                  submitted on or after January 1, 2021,
      (W) FRAUD ENFORCEMENT HARMONIZATION.—                       fourth quarter of 2020 that dem-
    Notwithstanding any other provision of law,                   onstrate not less than a 25 percent re-
    any criminal charge or civil enforcement ac-                  duction from the gross receipts of the
    tion alleging that a borrower engaged in                      entity during the fourth quarter of
    fraud with respect to a covered loan guaran-
                                                                  2019; or
    teed under this paragraph shall be filed not
                                                                    (DD) if the entity was not in business
    later than 10 years after the offense was
                                                                  during 2019, but was in operation on
    committed.
                                                                  February 15, 2020, had gross receipts
    (37) PAYCHECK PROTECTION PROGRAM SECOND                       during the second, third, or, only with
  DRAW LOANS.—                                                    respect to an application submitted on
                                                                  or after January 1, 2021, fourth quarter
 8 So in original. The word ‘‘a’’ probably should appear.         of 2020 that demonstrate not less than
Page 821                        TITLE 15—COMMERCE AND TRADE                                      § 636

           a 25 percent reduction from the gross       amount of a covered loan made to an eligi-
           receipts of the entity during the first     ble entity is the lesser of—
           quarter of 2020;                                (I) the product obtained by multi-
         (II) includes a business concern or or-         plying—
       ganization made eligible for a loan under             (aa) at the election of the eligible en-
       paragraph (36) under subclause (II), (III),         tity, the average total monthly pay-
       or (IV) of clause (iii), subclause (IV) or          ment for payroll costs incurred or paid
       (V) of clause (iv), clause (vii), or clause         by the eligible entity during—
                                                               (AA) the 1-year period before the
       (ix) of subparagraph (D) of paragraph (36)
                                                             date on which the loan is made; or
       and that meets the requirements de-
                                                               (BB) calendar year 2019; by
       scribed in items (aa) and (bb) of sub-
       clause (I); and                                       (bb) 2.5; or
         (III) does not include—                           (II) $2,000,000.
            (aa) any entity that is a type of busi-
         ness concern (or would be, if such enti-        (ii) SEASONAL EMPLOYERS.—The max-
         ty were a business concern) described         imum amount of a covered loan made to
         in section 120.110 of title 13, Code of       an eligible entity that is a seasonal em-
         Federal Regulations (or in any suc-           ployer is the lesser of—
         cessor regulation or other related guid-           (I) the product obtained by multi-
         ance or rule that may be issued by the          plying—
         Administrator) other than a business                 (aa) at the election of the eligible en-
         concern described in subsection (a) or             tity, the average total monthly pay-
         (k) of such section; or                            ments for payroll costs incurred or
            (bb) any business concern or entity             paid by the eligible entity for any 12-
         primarily engaged in political or lob-             week period between February 15, 2019
         bying activities, which shall include              and February 15, 2020; by
         any entity that is organized for re-                 (bb) 2.5; or
         search or for engaging in advocacy in             (II) $2,000,000.
         areas such as public policy or political
         strategy or otherwise describes itself          (iii)    NEW ENTITIES.—The       maximum
         as a think tank in any public docu-           amount of a covered loan made to an eligi-
         ments;                                        ble entity that did not exist during the 1-
            (cc) any business concern or entity—       year period preceding February 15, 2020 is
              (AA) for which an entity created in      the lesser of—
            or organized under the laws of the              (I) the product obtained by multi-
            People’s Republic of China or the            plying—
            Special Administrative Region of                   (aa) the quotient obtained by divid-
            Hong Kong, or that has significant              ing—
            operations in the People’s Republic                  (AA) the sum of the total monthly
            of China or the Special Administra-                payments by the eligible entity for
            tive Region of Hong Kong, owns or                  payroll costs paid or incurred by the
            holds, directly or indirectly, not less            eligible entity as of the date on
            than 20 percent of the economic in-                which the eligible entity applies for
            terest of the business concern or en-              the covered loan; by
            tity, including as equity shares or a                (BB) the number of months in
            capital or profit interest in a limited            which those payroll costs were paid
            liability company or partnership; or               or incurred; by
              (BB) that retains, as a member of              (bb) 2.5; or
            the board of directors of the business
                                                           (II) $2,000,000.
            concern, a person who is a resident of
            the People’s Republic of China;              (iv) NAICS 72 ENTITIES.—The maximum
                                                       amount of a covered loan made to an eligi-
             (dd) any person required to submit a
                                                       ble entity that is assigned a North Amer-
           registration statement under section
                                                       ican Industry Classification System code
           612 of title 22; or
                                                       beginning with 72 at the time of disbursal
             (ee) an eligible person or entity (as
                                                       is the lesser of—
           defined under section 9009a of this
                                                           (I) the product obtained by multi-
           title) that receives a grant under such
                                                         plying—
           section 9009a; and
                                                             (aa) at the election of the eligible en-
       (v) the term ‘‘Tribal business concern’’            tity, the average total monthly pay-
     means a Tribal business concern described             ment for payroll costs incurred or paid
     in section 657a(b)(2)(C) of this title.               by the eligible entity during—
     (B) LOANS.—Except as otherwise provided                    (AA) the 1-year period before the
   in this paragraph, the Administrator may                  date on which the loan is made; or
   guarantee covered loans to eligible entities                 (BB) calendar year 2019; by
   under the same terms, conditions, and proc-               (bb) 3.5; or
   esses as a loan made under paragraph (36).
                                                           (II) $2,000,000.
     (C) MAXIMUM LOAN AMOUNT.—
       (i) IN GENERAL.—Except as otherwise pro-         (D) BUSINESS CONCERNS WITH MORE THAN 1
     vided in this subparagraph, the maximum          PHYSICAL LOCATION.—
§ 636                              TITLE 15—COMMERCE AND TRADE                                  Page 822

           (i) IN GENERAL.—For a business concern          riod’’ has the meaning given that term in
        with more than 1 physical location, the            section 636m(a) of this title.
        business concern shall be an eligible entity         (ii) FORGIVENESS GENERALLY.—Except as
        if the business concern would be eligible          otherwise provided in this subparagraph,
        for a loan under paragraph (36) pursuant to        an eligible entity shall be eligible for for-
        clause (iii) of subparagraph (D) of such           giveness of indebtedness on a covered loan
        paragraph, as applied in accordance with           in the same manner as an eligible recipi-
        clause (ii) of this subparagraph, and meets        ent with respect to a loan made under
        the revenue reduction requirements de-             paragraph (36) of this section, as described
        scribed in item (bb) of subparagraph               in section 636m of this title.
        (A)(iv)(I).                                          (iii) FORGIVENESS AMOUNT.—An eligible
           (ii) SIZE LIMIT.—For purposes of applying       entity shall be eligible for forgiveness of
        clause (i), the Administrator shall sub-           indebtedness on a covered loan in an
        stitute ‘‘not more than 300 employees’’ for        amount equal to the sum of the following
        ‘‘not more than 500 employees’’ in para-           costs incurred or expenditures made dur-
        graph (36)(D)(iii).                                ing the covered period:
                                                                (I) Payroll costs, excluding any payroll
        (E) WAIVER OF AFFILIATION RULES.—                    costs that are—
           (i) IN GENERAL.—The waiver described in                (aa) qualified wages, as defined in
        paragraph (36)(D)(iv) shall apply for pur-              subsection (c)(3) of section 2301 of the
        poses of determining eligibility under this             CARES Act (26 U.S.C. 3111 note), taken
        paragraph.                                              into account in determining the credit
           (ii) SIZE LIMIT.—For purposes of applying
                                                                allowed under such section;
        clause (i), the Administrator shall sub-
                                                                  (bb) qualified wages taken into ac-
        stitute ‘‘not more than 300 employees’’ for
                                                                count in determining the credit al-
        ‘‘not more than 500 employees’’ in sub-
                                                                lowed under subsection (a) or (d) of
        clause (I) and (IV) of paragraph (36)(D)(iv).
                                                                section 303 of the Taxpayer Certainty
       (F) LOAN NUMBER LIMITATION.—An eligible                  and Disaster Relief Act of 2020; or
    entity may only receive 1 covered loan.                       (cc) premiums taken into account in
       (G) EXCEPTION FROM CERTAIN CERTIFICATION                 determining the credit allowed under
    REQUIREMENTS.—An eligible entity applying                   section 6432 of title 26.
    for a covered loan shall not be required to
    make the certification described in clause                 (II) Any payment of interest on any
    (iii) or (iv) of paragraph (36)(G).                      covered mortgage obligation (which
       (H) FEE WAIVER.—With respect to a cov-                shall not include any prepayment of or
    ered loan—                                               payment of principal on a covered mort-
         (i) in lieu of the fee otherwise applicable         gage obligation).
       under paragraph (23)(A), the Administrator              (III) Any covered operations expendi-
       shall collect no fee; and                             ture.
         (ii) in lieu of the fee otherwise applicable          (IV) Any covered property damage
       under paragraph (18)(A), the Administrator            cost.
                                                               (V) Any payment on any covered rent
       shall collect no fee.
                                                             obligation.
      (I) GROSS RECEIPTS AND SIMPLIFIED CERTIFI-               (VI) Any covered utility payment.
    CATION OF REVENUE TEST.—                                   (VII) Any covered supplier cost.
        (i) LOANS OF UP TO $150,000.—For a covered             (VIII) Any covered worker protection
        loan of not more than $150,000, the eligible         expenditure.
        entity—                                              (iv) LIMITATION ON FORGIVENESS FOR ALL
            (I) may submit a certification attest-         ELIGIBLE ENTITIES.—Subject to any reduc-
          ing that the eligible entity meets the ap-       tions under section 636m(d) of this title,
          plicable revenue loss requirement under          the forgiveness amount under this sub-
          subparagraph (A)(iv)(I)(bb); and                 paragraph shall be equal to the lesser of—
            (II) if the eligible entity submits a cer-         (I) the amount described in clause (ii);
          tification under subclause (I), shall, on          and
          or before the date on which the eligible             (II) the amount equal to the quotient
          entity submits an application for for-             obtained by dividing—
          giveness under subparagraph (J), produce               (aa) the amount of the covered loan
          adequate documentation that the eligi-               used for payroll costs during the cov-
          ble entity met such revenue loss stand-              ered period; and
          ard.                                                   (bb) 0.60.
          (ii) FOR NONPROFIT AND VETERANS ORGA-              (v) SUBMISSION OF MATERIALS FOR FOR-
        NIZATIONS.—For purposes of calculating             GIVENESS.—For purposes of applying sub-
        gross     receipts     under     subparagraph      section (l)(1) of section 636m of this title to
        (A)(iv)(I)(bb) for an eligible entity that is a    a covered loan of not more than $150,000
        nonprofit organization, a veterans organi-         under this paragraph, an eligible entity
        zation, or an organization described in sub-       may be required to provide, at the time of
        paragraph (A)(iv)(II), gross receipts means        the application for forgiveness, docu-
        gross receipts within the meaning of sec-          mentation required to substantiate rev-
        tion 6033 of title 26.                             enue loss in accordance with subparagraph
        (J) LOAN FORGIVENESS.—                             (I).
          (i) DEFINITION OF COVERED PERIOD.—In             (K) LENDER ELIGIBILITY.—Except as other-
        this subparagraph, the term ‘‘covered pe-         wise provided in this paragraph, a lender ap-
Page 823                         TITLE 15—COMMERCE AND TRADE                                                     § 636

    proved to make loans under paragraph (36)          damage or destruction is not compensated for
    may make covered loans under the same              by insurance or otherwise: And provided fur-
    terms and conditions as in paragraph (36).         ther, That the Administration may increase
      (L) REIMBURSEMENT FOR LOAN PROCESSING            the amount of the loan by up to an additional
    AND SERVICING.—The Administrator shall re-         20 per centum of the aggregate costs of such
    imburse a lender authorized to make a cov-         damage or destruction (whether or not com-
    ered loan—                                         pensated for by insurance or otherwise) if it
        (i) for a covered loan of not more than        determines such increase to be necessary or
      $50,000, in an amount equal to the lesser        appropriate in order to protect the damaged or
      of—                                              destroyed property from possible future disas-
           (I) 50 percent of the balance of the fi-    ters by taking mitigating measures, includ-
        nancing outstanding at the time of dis-        ing—
        bursement of the covered loan; or                  (i) construction of retaining walls and sea
           (II) $2,500;                                  walls;
        (ii) at a rate, based on the balance of the        (ii) grading and contouring land; and
      financing outstanding at the time of dis-            (iii) relocating utilities and modifying
      bursement of the covered loan, of—                 structures, including construction of a safe
           (I) 5 percent for a covered loan of more      room or similar storm shelter designed to
        than $50,000 and not more than $350,000;         protect property and occupants from torna-
        and                                              does or other natural disasters, if such safe
           (II) 3 percent for a covered loan of          room or similar storm shelter is constructed
        more than $350,000.                              in accordance with applicable standards
                                                         issued by the Federal Emergency Manage-
      (M) PUBLICATION OF GUIDANCE.—Not later             ment Agency;
    than 10 days after December 27, 2020, the Ad-
    ministrator shall issue guidance addressing           (B) to refinance any mortgage or other lien
    barriers to accessing capital for minority,        against a totally destroyed or substantially
    underserved, veteran, and women-owned              damaged home or business concern: Provided,
    business concerns for the purpose of ensur-        That no loan or guarantee shall be extended
    ing equitable access to covered loans.             unless the Administration finds that (i) the
      (N) STANDARD OPERATING PROCEDURE.—The            applicant is not able to obtain credit else-
    Administrator shall, to the maximum extent         where; (ii) such property is to be repaired, re-
    practicable, allow a lender approved to make       habilitated, or replaced; (iii) the amount refi-
    covered loans to use existing program guid-        nanced shall not exceed the amount of phys-
    ance and standard operating procedures for         ical loss sustained; and (iv) such amounts
    loans made under this subsection.                  shall be reduced to the extent such mortgage
      (O) SUPPLEMENTAL COVERED LOANS.—A cov-           or lien is satisfied by insurance or otherwise;
    ered loan under this paragraph may only be         and
    made to an eligible entity that—                      (C) during fiscal years 2000 through 2004, to
        (i) has received a loan under paragraph        establish a predisaster mitigation program to
      (36); and                                        make such loans (either directly or in coopera-
        (ii) on or before the expected date on         tion with banks or other lending institutions
      which the covered loan under this para-          through agreements to participate on an im-
      graph is disbursed to the eligible entity,       mediate or deferred (guaranteed) basis), as the
      has used, or will use, the full amount of        Administrator may determine to be necessary
      the loan received under paragraph (36).          or appropriate, to enable small businesses to
                                                       use mitigation techniques in support of a for-
      (P) FRAUD ENFORCEMENT HARMONIZATION.—            mal mitigation program established by the
    Notwithstanding any other provision of law,        Federal Emergency Management Agency, ex-
    any criminal charge or civil enforcement ac-       cept that no loan or guarantee may be ex-
    tion alleging that a borrower engaged in           tended to a small business under this subpara-
    fraud with respect to a covered loan guaran-       graph unless the Administration finds that the
    teed under this paragraph shall be filed not       small business is otherwise unable to obtain
    later than 10 years after the offense was          credit for the purposes described in this sub-
    committed.                                         paragraph;
(b) Disaster loans; authorization, scope, terms           (2) to make such loans (either directly or in
    and conditions, etc.                               cooperation with banks or other lending insti-
  Except as to agricultural enterprises as de-         tutions through agreements to participate on
fined in section 647(b)(1) of this title, the Admin-   an immediate or deferred (guaranteed) basis)
istration also is empowered to the extent and in       as the Administration may determine to be
such amounts as provided in advance in appro-          necessary or appropriate to any small business
priation Acts—                                         concern, private nonprofit organization, or
    (1)(A) to make such loans (either directly or      small agricultural cooperative located in an
  in cooperation with banks or other lending in-       area affected by a disaster,9 (including
  stitutions through agreements to participate         drought), with respect to both farm-related
  on an immediate or deferred (guaranteed)             and nonfarm-related small business concerns,
  basis) as the Administration may determine to        if the Administration determines that the con-
  be necessary or appropriate to repair, rehabili-     cern, the organization, or the cooperative has
  tate or replace property, real or personal,          suffered a substantial economic injury as a re-
  damaged or destroyed by or as a result of nat-
  ural or other disasters: Provided, That such         9 So in original. The comma probably should not appear.
§ 636                                      TITLE 15—COMMERCE AND TRADE                                     Page 824

  sult of such disaster and if such disaster con-                 (I) to meet its obligations as they ma-
  stitutes—                                                     ture;
      (A) a major disaster, as determined by the                  (II) to pay its ordinary and necessary op-
    President under the Robert T. Stafford Dis-                 erating expenses; or
    aster Relief and Emergency Assistance Act                     (III) to market, produce, or provide a
    (42 U.S.C. 5121 et seq.);                                   product or service ordinarily marketed,
      (B) a natural disaster, as determined by                  produced, or provided by the business con-
    the Secretary of Agriculture pursuant to                    cern.
    section 1961 of title 7, in which case, assist-         (B) The Administration may make such dis-
    ance under this paragraph may be provided             aster loans (either directly or in cooperation
    to farm-related and nonfarm-related small             with banks or other lending institutions
    business concerns, subject to the other ap-           through agreements to participate on an im-
    plicable requirements of this paragraph;              mediate or deferred basis) to assist a small
      (C) a disaster, as determined by the Ad-            business concern that has suffered or that is
    ministrator of the Small Business Adminis-            likely to suffer substantial economic injury as
    tration;                                              the result of an essential employee of such
      (D) an emergency involving Federal pri-             small business concern being ordered to per-
    mary responsibility determined to exist by            form active service for a period of more than
    the President under the section 5191(b) of            30 consecutive days.
    title 42; or                                            (C) A small business concern described in
      (E) if no disaster or emergency declaration         subparagraph (B) shall be eligible to apply for
    has been issued pursuant to subparagraph              assistance under this paragraph during the pe-
    (A), (B), (C), or (D), the Governor of a State        riod beginning on the date on which the essen-
    in which a disaster or emergency has oc-              tial employee is ordered to active service and
    curred may certify to the Small Business              ending on the date that is 1 year after the date
    Administration that small business con-               on which such essential employee is dis-
    cerns, private nonprofit organizations, or            charged or released from active service. The
    small agricultural cooperatives (1) have suf-         Administrator may, when appropriate (as de-
    fered economic injury as a result of such dis-        termined by the Administrator), extend the
    aster or emergency, and (2) are in need of fi-        ending date specified in the preceding sentence
    nancial assistance which is not available on          by not more than 1 year.
    reasonable terms in the disaster- or emer-              (D) Any loan or guarantee extended pursu-
    gency-stricken area. Not later than 30 days           ant to this paragraph shall be made at the
    after the date of receipt of such certification       same interest rate as economic injury loans
    by a Governor of a State, the Administra-             under paragraph (2).
    tion shall respond in writing to that Gov-              (E) No loan may be made under this para-
    ernor on its determination and the reasons            graph, either directly or in cooperation with
    therefore,10 and may then make such loans             banks or other lending institutions through
    as would have been available under this               agreements to participate on an immediate or
                                                          deferred basis, if the total amount outstanding
    paragraph if a disaster or emergency dec-
                                                          and committed to the borrower under this sub-
    laration had been issued.
                                                          section would exceed $1,500,000, unless such ap-
  Provided, That no loan or guarantee shall be            plicant constitutes, or have 11 become due to
  extended pursuant to this paragraph (2) unless          changed economic circumstances, a major
  the Administration finds that the applicant is          source of employment in its surrounding area,
  not able to obtain credit elsewhere: Provided           as determined by the Administration, in which
  further, That for purposes of subparagraph (D),         case the Administration, in its discretion,
  the Administrator shall deem that such an               may waive the $1,500,000 limitation.
  emergency affects each State or subdivision               (F) For purposes of assistance under this
  thereof (including counties), and that each             paragraph, no declaration of a disaster area
  State or subdivision has sufficient economic            shall be required.
  damage to small business concerns to qualify              (G)(i) Notwithstanding any other provision
  for assistance under this paragraph and the             of law, the Administrator may make a loan
  Administrator shall accept applications for             under this paragraph of not more than $50,000
  such assistance immediately.                            without collateral.
    (3)(A) In this paragraph—                               (ii) The Administrator may defer payment of
      (i) the term ‘‘active service’’ has the mean-       principal and interest on a loan described in
    ing given that term in section 101(d)(3) of           clause (i) during the longer of—
    title 10;                                                  (I) the 1-year period beginning on the date
      (ii) the term ‘‘essential employee’’ means            of the initial disbursement of the loan; and
    an individual who is employed by a small                   (II) the period during which the relevant
    business concern and whose managerial or                essential employee is on active service.
    technical expertise is critical to the success-         (H) The Administrator shall give priority to
    ful day-to-day operations of that small busi-         any application for a loan under this para-
    ness concern; and                                     graph and shall process and make a deter-
      (iii) the term ‘‘substantial economic in-           mination regarding such applications prior to
    jury’’ means an economic harm to a business           processing or making a determination on
    concern that results in the inability of the          other loan applications under this subsection,
    business concern—                                     on a rolling basis.

 10 So in original. Probably should be ‘‘therefor,’’.     11 So in original. Probably should be ‘‘has’’.
Page 825                      TITLE 15—COMMERCE AND TRADE                                      § 636

   (4) COORDINATION WITH FEMA.—                        (G) application materials that clearly
     (A) IN GENERAL.—Notwithstanding any             state the function of the Administration as
   other provision of law, for any disaster de-      the Federal source of disaster loans for
   clared under this subsection or major dis-        homeowners and renters.
   aster (including any major disaster relating       (6) AUTHORITY FOR QUALIFIED PRIVATE CON-
   to which the Administrator declares eligi-       TRACTORS.—
   bility for additional disaster assistance            (A) DISASTER LOAN PROCESSING.—The Ad-
   under paragraph (9)), the Administrator, in       ministrator may enter into an agreement
   consultation with the Administrator of the        with a qualified private contractor, as deter-
   Federal Emergency Management Agency,              mined by the Administrator, to process
   shall ensure, to the maximum extent prac-         loans under this subsection in the event of a
   ticable, that all application periods for dis-    major disaster (including any major disaster
   aster relief under this chapter correspond        relating to which the Administrator declares
   with application deadlines established under      eligibility for additional disaster assistance
   the Robert T. Stafford Disaster Relief and        under paragraph (9)), under which the Ad-
   Emergency Assistance Act (42 U.S.C. 5121 et       ministrator shall pay the contractor a fee
   seq.), or as extended by the President.           for each loan processed.
     (B)      DEADLINES.—Notwithstanding      any      (B) LOAN LOSS VERIFICATION SERVICES.—
   other provision of law, not later than 10 days    The Administrator may enter into an agree-
   before the closing date of an application pe-     ment with a qualified lender or loss
   riod for a major disaster (including any          verification professional, as determined by
   major disaster relating to which the Admin-       the Administrator, to verify losses for loans
   istrator declares eligibility for additional      under this subsection in the event of a major
   disaster assistance under paragraph (9)), the     disaster (including any major disaster relat-
   Administrator, in consultation with the Ad-       ing to which the Administrator declares eli-
   ministrator of the Federal Emergency Man-         gibility for additional disaster assistance
   agement Agency, shall submit to the Com-          under paragraph (9)), under which the Ad-
   mittee on Small Business and Entrepreneur-        ministrator shall pay the lender or
   ship of the Senate and the Committee on           verification professional a fee for each loan
   Small Business of the House of Representa-        for which such lender or verification profes-
   tives a report that includes—                     sional verifies losses.
        (i) the deadline for submitting applica-
     tions for assistance under this chapter re-     (7) DISASTER ASSISTANCE EMPLOYEES.—
     lating to that major disaster;                    (A) IN GENERAL.—In carrying out this sec-
        (ii) information regarding the number of     tion, the Administrator may, where prac-
     loan applications and disbursements proc-       ticable, ensure that the number of full-time
     essed by the Administrator relating to          equivalent employees—
     that major disaster for each day during             (i) in the Office of the Disaster Assist-
     the period beginning on the date on which         ance is not fewer than 800; and
                                                         (ii) in the Disaster Cadre of the Adminis-
     that major disaster was declared and end-
                                                       tration is not fewer than 1,000.
     ing on the date of that report; and
        (iii) an estimate of the number of poten-      (B) REPORT.—In carrying out this sub-
     tial applicants that have not submitted an      section, if the number of full-time employees
     application relating to that major dis-         for either the Office of Disaster Assistance
     aster.                                          or the Disaster Cadre of the Administration
   (5) PUBLIC AWARENESS OF DISASTERS.—If a           is below the level described in subparagraph
 disaster is declared under this subsection or       (A) for that office, not later than 21 days
 the Administrator declares eligibility for addi-    after the date on which that staffing level
 tional disaster assistance under paragraph (9),     decreased below the level described in sub-
 the Administrator shall make every effort to        paragraph (A), the Administrator shall sub-
 communicate through radio, television, print,       mit to the Committee on Appropriations and
 and web-based outlets, all relevant informa-        the Committee on Small Business and En-
 tion needed by disaster loan applicants, in-        trepreneurship of the Senate and the Com-
 cluding—                                            mittee on Appropriations and Committee on
     (A) the date of such declaration;               Small Business of the House of Representa-
     (B) cities and towns within the area of         tives, a report—
   such declaration;                                     (i) detailing staffing levels on that date;
     (C) loan application deadlines related to           (ii) requesting, if practicable and deter-
   such disaster;                                      mined appropriate by the Administrator,
     (D) all relevant contact information for          additional funds for additional employees;
   victim services available through the Ad-           and
   ministration (including links to small busi-          (iii) containing such additional informa-
   ness development center websites);                  tion, as determined appropriate by the Ad-
     (E) links to relevant Federal and State dis-      ministrator.
   aster assistance websites, including links to     (8) INCREASED LOAN CAPS.—
   websites providing information regarding as-        (A) AGGREGATE LOAN AMOUNTS.—Except as
   sistance available from the Federal Emer-         provided in subparagraph (B), and notwith-
   gency Management Agency;                          standing any other provision of law, the ag-
     (F) information on eligibility criteria for     gregate loan amount outstanding and com-
   Administration loan programs, including           mitted to a borrower under this subsection
   where such applications can be found; and         may not exceed $2,000,000.
§ 636                              TITLE 15—COMMERCE AND TRADE                                  Page 826

      (B) WAIVER AUTHORITY.—The Adminis-                      trator determines that the average proc-
    trator may, at the discretion of the Admin-               essing time for applications for disaster
    istrator, increase the aggregate loan amount              loans under this subparagraph relating
    under subparagraph (A) for loans relating to              to a specific major disaster is more than
    a disaster to a level established by the Ad-              30 days, the Administrator shall suspend
    ministrator, based on appropriate economic                the processing of such applications sub-
    indicators for the region in which that dis-              mitted by eligible small business con-
    aster occurred.                                           cerns located outside the disaster area,
    (9) DECLARATION OF ELIGIBILITY FOR ADDI-                  until the Administrator determines that
  TIONAL DISASTER ASSISTANCE.—
                                                              the average processing time for such ap-
      (A) IN GENERAL.—If the President declares               plications is not more than 15 days.
    a major disaster, the Administrator may de-               (iii) LOAN TERMS.—A loan under this sub-
    clare eligibility for additional disaster as-           paragraph shall be made on the same
    sistance in accordance with this paragraph.             terms as a loan under paragraph (2).
      (B) THRESHOLD.—A major disaster for
                                                            (D) DEFINITIONS.—In this paragraph—
    which the Administrator declares eligibility
                                                              (i) the term ‘‘disaster area’’ means the
    for additional disaster assistance under this
                                                            area for which the applicable major dis-
    paragraph shall—
                                                            aster was declared;
        (i) have resulted in extraordinary levels
                                                              (ii) the term ‘‘disaster-related substan-
      of casualties or damage or disruption se-
                                                            tial economic injury’’ means economic
      verely affecting the population (including
                                                            harm to a business concern that results in
      mass evacuations), infrastructure, envi-
                                                            the inability of the business concern to—
      ronment, economy, national morale, or
                                                                 (I) meet its obligations as it matures;
      government functions in an area;
                                                                 (II) meet its ordinary and necessary
        (ii) be comparable to the description of a
                                                              operating expenses; or
      catastrophic incident in the National Re-
                                                                 (III) market, produce, or provide a
      sponse Plan of the Administration, or any
                                                              product or service ordinarily marketed,
      successor thereto, unless there is no suc-
                                                              produced, or provided by the business
      cessor to such plan, in which case this
                                                              concern because the business concern re-
      clause shall have no force or effect; and
                                                              lies on materials from the disaster area
        (iii) be of such size and scope that—
                                                              or sells or markets in the disaster area;
           (I) the disaster assistance programs
                                                              and
        under the other paragraphs under this
        subsection are incapable of providing                 (iii) the term ‘‘eligible small business
        adequate and timely assistance to indi-             concern’’ means a small business con-
        viduals or business concerns located                cern—
        within the disaster area; or                             (I) that has suffered disaster-related
           (II) a significant number of business              substantial economic injury as a result
        concerns outside the disaster area have               of the applicable major disaster; and
        suffered disaster-related substantial eco-               (II)(aa) for which not less than 25 per-
        nomic injury as a result of the incident.             cent of the market share of that small
                                                              business concern is from business trans-
      (C) ADDITIONAL ECONOMIC INJURY DISASTER
                                                              acted in the disaster area;
    LOAN ASSISTANCE.—
                                                                 (bb) for which not less than 25 percent
        (i) IN GENERAL.—If the Administrator de-
                                                              of an input into a production process of
        clares eligibility for additional disaster as-
                                                              that small business concern is from the
        sistance under this paragraph, the Admin-
                                                              disaster area; or
        istrator may make such loans under this
                                                                 (cc) that relies on a provider located in
        subparagraph (either directly or in co-
                                                              the disaster area for a service that is not
        operation with banks or other lending in-
                                                              readily available elsewhere.
        stitutions through agreements to partici-
        pate on an immediate or deferred basis) as         (10) REDUCING CLOSING AND DISBURSEMENT
        the Administrator determines appropriate         DELAYS.—The Administrator shall provide a
        to eligible small business concerns located      clear and concise notification on all applica-
        anywhere in the United States.                   tion materials for loans made under this sub-
          (ii) PROCESSING TIME.—                         section and on relevant websites notifying an
             (I) IN GENERAL.—If the Administrator        applicant that the applicant may submit all
          determines that the average processing         documentation necessary for the approval of
          time for applications for disaster loans       the loan at the time of application and that
          under this subparagraph relating to a          failure to submit all documentation could
          specific major disaster is more than 15        delay the approval and disbursement of the
          days, the Administrator shall give pri-        loan.
          ority to the processing of such applica-         (11) INCREASING TRANSPARENCY IN LOAN AP-
          tions submitted by eligible small busi-        PROVALS.—The Administrator shall establish
          ness concerns located inside the disaster      and implement clear, written policies and pro-
          area, until the Administrator determines       cedures for analyzing the ability of a loan ap-
          that the average processing time for           plicant to repay a loan made under this sub-
          such applications is not more than 15          section.
          days.                                            (12) ADDITIONAL AWARDS TO SMALL BUSINESS
             (II) SUSPENSION OF APPLICATIONS FROM        DEVELOPMENT CENTERS, WOMEN’S BUSINESS CEN-
          OUTSIDE DISASTER AREA.—If the Adminis-         TERS, AND SCORE FOR DISASTER RECOVERY.—
Page 827                       TITLE 15—COMMERCE AND TRADE                                                    § 636

     (A) IN GENERAL.—The Administration may             economic damage to the recipient of the
   provide financial assistance to a small busi-        loan or substantial risks to health or safety,
   ness development center, a women’s business          upon receiving documentation of the sub-
   center described in section 656 of this title,       stantial economic damage or the substantial
   the Service Corps of Retired Executives, or          risk to health and safety from an inde-
   any proposed consortium of such individuals          pendent loss verifier, and subject to subpara-
   or entities to spur disaster recovery and            graph (B), the Administrator may increase
   growth of small business concerns located in         the amount of the loan under this sub-
   an area for which the President has declared         section, as necessary for the cost of repairs,
   a major disaster.                                    rehabilitation, or replacement needed to ad-
     (B) FORM OF FINANCIAL ASSISTANCE.—Fi-              dress the cause of the economic damage or
   nancial assistance provided under this para-         health or safety risk.
   graph shall be in the form of a grant, con-            (B) REQUIREMENTS.—The Administrator
   tract, or cooperative agreement.                     may only increase the amount of a loan
     (C) NO MATCHING FUNDS REQUIRED.—Match-             under subparagraph (A) upon receiving an
   ing funds shall not be required for any grant,       appropriate certification from the borrower
   contract, or cooperative agreement under             and person performing the mitigation at-
   this paragraph.                                      testing to the reasonableness of the mitiga-
     (D) REQUIREMENTS.—A recipient of finan-            tion costs and an assignment of any proceeds
   cial assistance under this paragraph shall           received from the person engaging in the
   provide counseling, training, and other re-          malfeasance. The assignment of proceeds re-
   lated services, such as promoting long-term          covered from the person engaging in the
   resiliency, to small business concerns and           malfeasance shall be equal to the amount of
   entrepreneurs impacted by a major disaster.          the loan under this section. Any mitigation
     (E) PERFORMANCE.—                                  activities shall be subject to audit and inde-
       (i) IN GENERAL.—The Administrator, in            pendent verification of completeness and
     cooperation with the recipients of finan-          cost reasonableness.
     cial assistance under this paragraph, shall
     establish metrics and goals for perform-           (14) BUSINESS RECOVERY CENTERS.—
                                                          (A) IN GENERAL.—The Administrator, act-
     ance of grants, contracts, and cooperative
                                                        ing through the district offices of the Ad-
     agreements under this paragraph, which
                                                        ministration, shall identify locations that
     shall include recovery of sales, recovery of
                                                        may be used as recovery centers by the Ad-
     employment, reestablishment of business
                                                        ministration in the event of a disaster de-
     premises, and establishment of new small
                                                        clared under this subsection or a major dis-
     business concerns.
       (ii) USE OF ESTIMATES.—The Adminis-              aster.
                                                          (B) REQUIREMENTS FOR IDENTIFICATION.—
     trator shall base the goals and metrics for
                                                        Each district office of the Administration
     performance established under clause (i),
                                                        shall—
     in part, on the estimates of disaster im-               (i) identify a location described in sub-
     pact prepared by the Office of Disaster As-          paragraph (A) in each county, parish, or
     sistance for purposes of estimating loan-            similar unit of general local government
     making requirements.                                 in the area served by the district office;
     (F) TERM.—                                           and
       (i) IN GENERAL.—The term of any grant,                (ii) ensure that the locations identified
     contract, or cooperative agreement under             under subparagraph (A) may be used as a
     this paragraph shall be for not more than            recovery center without cost to the Gov-
     2 years.                                             ernment, to the extent practicable.
       (ii) EXTENSION.—The Administrator may
                                                       (15) INCREASED OVERSIGHT OF ECONOMIC IN-
     make 1 extension of a grant, contract, or       JURY   DISASTER LOANS.—The Administrator
     cooperative agreement under this para-
                                                     shall increase oversight of entities receiving
     graph for a period of not more than 1 year,
                                                     loans under paragraph (2), and may consider—
     upon a showing of good cause and need for           (A) scheduled site visits to ensure bor-
     the extension.                                    rower eligibility and compliance with re-
     (G) EXEMPTION FROM OTHER PROGRAM RE-              quirements established by the Adminis-
   QUIREMENTS.—Financial assistance provided           trator; and
   under this paragraph is in addition to, and           (B) reviews of the use of the loan proceeds
   wholly separate from, any other form of as-         by an entity described in paragraph (2) to en-
   sistance provided by the Administrator              sure compliance with requirements estab-
   under this chapter.                                 lished by the Administrator.
     (H) COMPETITIVE BASIS.—The Administra-             (16) 12   DISASTER         DECLARATION          IN   RURAL
   tion shall award financial assistance under       AREAS.—
   this paragraph on a competitive basis.                 (A) DEFINITIONS.—In this paragraph—
   (13)    SUPPLEMENTAL   ASSISTANCE   FOR   CON-           (i) the term ‘‘rural area’’ means any
 TRACTOR MALFEASANCE.—                                    county or other political subdivision of a
    (A) IN GENERAL.—If a contractor or other              State, the District of Columbia, or a terri-
   person engages in malfeasance in connection            tory or possession of the United States
   with repairs to, rehabilitation of, or replace-        that is designated as a rural area by the
   ment of real or personal property relating to          Bureau of the Census; and
   which a loan was made under this subsection
   and the malfeasance results in substantial        12 So in original. Two pars. (16) have been enacted.
§ 636                             TITLE 15—COMMERCE AND TRADE                                      Page 828

          (ii) the term ‘‘significant damage’’          repair or replace his home, or (ii) such concern
        means, with respect to property, uninsured      to repair or replace plant or equipment which
        losses of not less than 40 percent of the es-   was damaged or destroyed as the result of a dis-
        timated fair replacement value or pre-dis-      aster meeting the requirements of clause (A) or
        aster fair market value of the damaged          (B) of paragraph (2) of this subsection, and (C)
        property, whichever is lower.                   the Administrator determines such action is
                                                        necessary to avoid severe financial hardship:
      (B) DISASTER DECLARATION.—For the pur-
                                                        Provided further, That the provisions of para-
    pose of making loans under paragraph (1) or
                                                        graph (1) of subsection (d) of this section shall
    (2), the Administrator may declare a dis-
                                                        not be applicable to any such loan having a ma-
    aster in a rural area for which a major dis-
                                                        turity in excess of twenty years. Notwith-
    aster was declared by the President under
                                                        standing any other provision of law, and except
    section 401 of the Robert T. Stafford Disaster
                                                        as provided in subsection (d), the interest rate
    Relief and Emergency Assistance Act (42
                                                        on the Administration’s share of any loan made
    U.S.C. 5170) and for which individual assist-       under subsection (b) shall not exceed the aver-
    ance was not authorized under section 408 of        age annual interest rate on all interest-bearing
    such Act (42 U.S.C. 5174) if—                       obligations of the United States then forming a
         (i) the Governor of the State or the Chief     part of the public debt as computed at the end
      Executive of the Indian tribal government         of the fiscal year next preceding the date of the
      in which the rural area is located requests       loan and adjusted to the nearest one-eighth of 1
      such a declaration; and                           per centum plus one-quarter of 1 per centum:
         (ii) any home, small business concern,         Provided, however, That the interest rate for
      private nonprofit organization, or small          loans made under paragraphs (1) and (2) hereof
      agricultural cooperative has incurred sig-        shall not exceed the rate of interest which is in
      nificant damage in the rural area.                effect at the time of the occurrence of the dis-
      (C) SBA REPORT.—Not later than 120 days           aster. In agreements to participate in loans on a
    after December 20, 2022, and every year             deferred basis under this subsection, such par-
    thereafter, the Administrator shall submit          ticipation by the Administration shall not be in
    to the Committee on Small Business and En-          excess of 90 per centum of the balance of the
    trepreneurship of the Senate and the Com-           loan outstanding at the time of disbursement.
    mittee on Small Business of the House of            Notwithstanding any other provision of law, the
    Representatives a report on, with respect to        interest rate on the Administration’s share of
    the 1-year period preceding submission of           any loan made pursuant to paragraph (1) of this
    the report—                                         subsection to repair or replace a primary resi-
        (i) any economic injury that resulted           dence and/or replace or repair damaged or de-
      from a major disaster declared by the             stroyed personal property, less the amount of
      President under section 401 of the Robert         compensation by insurance or otherwise, with
      T. Stafford Disaster Relief and Emergency         respect to a disaster occurring on or after July
      Assistance Act (42 U.S.C. 5170) in a rural        1, 1976, and prior to October 1, 1978, shall be: 1
      area;                                             per centum on the amount of such loan not ex-
        (ii) each request for assistance made by        ceeding $10,000, and 3 per centum on the amount
      the Governor of a State or the Chief Exec-        of such loan over $10,000 but not exceeding
      utive of an Indian tribal government under        $40,000. The interest rate on the Administra-
      subparagraph (B)(i) and the response of the       tion’s share of the first $250,000 of all other loans
      Administrator, including the timeline for         made pursuant to paragraph (1) of this sub-
      each response; and                                section, with respect to a disaster occurring on
        (iii) any regulatory changes that will im-      or after July 1, 1976, and prior to October 1, 1978,
      pact the ability of communities in rural          shall be 3 per centum. All repayments of prin-
      areas to obtain disaster assistance under         cipal on the Administration’s share of any loan
      this subsection.                                  made under the above provisions shall first be
                                                        applied to reduce the principal sum of such loan
    (16) 12 STATUTE OF LIMITATIONS.—Notwith-            which bears interest at the lower rates provided
  standing any other provision of law, any              in this paragraph. The principal amount of any
  criminal charge or civil enforcement action           loan made pursuant to paragraph (1) in connec-
  alleging that a borrower engaged in fraud with        tion with a disaster which occurs on or after
  respect to a loan made under this subsection          April 1, 1977, but prior to January 1, 1978, may be
  in response to COVID–19 during the covered            increased by such amount, but not more than
  period (as defined in section 9009(a) of this         $2,000, as the Administration determines to be
  title) shall be filed not later than 10 years         reasonable in light of the amount and nature of
  after the offense was committed.                      loss, damage, or injury sustained in order to fi-
  No loan under this subsection, including re-          nance the installation of insulation in the prop-
newals and extensions thereof, may be made for          erty which was lost, damaged, or injured, if the
a period or periods exceeding thirty years: Pro-        uninsured, damaged portion of the property is 10
vided, That the Administrator may consent to a          per centum or more of the market value of the
suspension in the payment of principal and in-          property at the time of the disaster. Not later
terest charges on, and to an extension in the           than June 1, 1978, the Administration shall pre-
maturity of, the Federal share of any loan under        pare and transmit to the Select Committee on
this subsection for a period not to exceed five         Small Business of the Senate, the Committee on
years, if (A) the borrower under such loan is a         Small Business of the House of Representatives,
homeowner or a small business concern, (B) the          and the Committees of the Senate and House of
loan was made to enable (i) such homeowner to           Representatives having jurisdiction over meas-
Page 829                       TITLE 15—COMMERCE AND TRADE                                                § 636

ures relating to energy conservation, a report on        January 1, 1972 but prior to July 1, 1973, the
its activities under this paragraph, including           total amount so canceled shall not exceed
therein an evaluation of the effect of such ac-          $5,000 and the interest on the balance of the
tivities on encouraging the installation of insu-        loan shall be at a rate of 1 percentum per
lation in property which is repaired or replaced         annum.
after a disaster which is subject to this para-         (E) 13 A State grant made on or prior to July
graph, and its recommendations with respect to        1, 1979, shall not be considered compensation
the continuation, modification, or termination        for the purpose of applying the provisions of
of such activities.                                   section 312(a) of the Disaster Relief and Emer-
  In the administration of the disaster loan pro-     gency Assistance Act [42 U.S.C. 5155(a)] to a
gram under paragraphs (1) and (2) of this sub-        disaster loan under paragraph (1) (2) 14 of this
section, in the case of property loss or damage       subsection.
or injury resulting from a major disaster as de-
termined by the President or a disaster as deter-    With respect to any loan referred to in clause
mined by the Administrator which occurs on or        (D) which is outstanding on August 16, 1972, the
after January 1, 1971, and prior to July 1, 1973,    Administrator shall—
the Small Business Administration, to the ex-            (i) make such change in the interest rate on
tent such loss or damage or injury is not com-         the balance of such loan as is required under
pensated for by insurance or otherwise—                that clause effective as of August 16, 1972; and
    (A) may make any loan for repair, rehabili-          (ii) in applying the limitation set forth in
  tation, or replacement of property damaged or        that clause with respect to the total amount
  destroyed without regard to whether the re-          of such loan which may be canceled, consider
  quired financial assistance is otherwise avail-      as part of the amount so canceled any part of
  able from private sources;                           such loan which was previously canceled pur-
    (B) may, in the case of the total destruction      suant to section 231 of the Disaster Relief Act
  or substantial property damage of a home or          of 1970 [15 U.S.C. 636a].
  business concern, refinance any mortgage or          Whoever wrongfully misapplies the proceeds of
  other liens outstanding against the destroyed      a loan obtained under this subsection shall be
  or damaged property if such property is to be      civilly liable to the Administrator in an amount
  repaired, rehabilitated, or replaced, except       equal to one-and-one half times the original
  that (1) in the case of a business concern, the    principal amount of the loan.
  amount refinanced shall not exceed the             (c) Private disaster loans
  amount of the physical loss sustained, and (2)
                                                       (1) Definitions
  in the case of a home, the amount of each
  monthly payment of principal and interest on           In this subsection—
  the loan after refinancing under this clause             (A) the term ‘‘disaster area’’ means any
  shall not be less than the amount of each such         area for which the President declared a
  payment made prior to such refinancing;                major disaster relating to which the Admin-
    (C) may, in the case of a loan made under            istrator declares eligibility for additional
  clause (A) or a mortgage or other lien refi-           disaster assistance under subsection (b)(9),
  nanced under clause (B) in connection with             during the period of that major disaster dec-
  the destruction of, or substantial damage to,          laration;
  property owned and used as a residence by an             (B) the term ‘‘eligible individual’’ means
  individual who by reason of retirement, dis-           an individual who is eligible for disaster as-
  ability, or other similar circumstances relies         sistance under subsection (b)(1) relating to a
  for support on survivor, disability, or retire-        major disaster relating to which the Admin-
  ment benefits under a pension, insurance, or           istrator declares eligibility for additional
  other programs, consent to the suspension of           disaster assistance under subsection (b)(9);
  the payments of the principal of that loan,              (C) the term ‘‘eligible small business con-
  mortgage, or lien during the lifetime of that          cern’’ means a business concern that is—
  individual and his spouse for so long as the Ad-            (i) a small business concern, as defined
  ministration determines that making such                 under this chapter; or
  payments would constitute a substantial hard-               (ii) a small business concern, as defined
  ship;                                                    in section 103 of the Small Business Invest-
    (D) shall notwithstanding the provisions of            ment Act of 1958 [15 U.S.C. 662];
  any other law and upon presentation by the               (D) the term ‘‘preferred lender’’ means a
  applicant of proof of loss or damage or injury         lender participating in the Preferred Lender
  and a bona fide estimate of cost of repair, re-        Program;
  habilitation, or replacement, cancel the prin-           (E) the term ‘‘Preferred Lender Program’’
  cipal of any loan made to cover a loss or dam-         has the meaning given that term in sub-
  age or injury resulting from such disaster, ex-        section (a)(2)(C)(ii); and
  cept that—                                               (F) the term ‘‘qualified private lender’’
      (i) with respect to a loan made in connec-         means any privately-owned bank or other
    tion with a disaster occurring on or after           lending institution that—
    January 1, 1971 but prior to January 1, 1972,            (i) is not a preferred lender; and
    the total amount so canceled shall not ex-               (ii) the Administrator determines meets
    ceed $2,500, and the interest on the balance           the criteria established under paragraph
    of the loan shall be at a rate of 3 per centum         (10).
    per annum; and
      (ii) with respect to a loan made in connec-     13 See 1980 Amendment note below.

    tion with a disaster occurring on or after        14 So in original. Probably should be ‘‘or (2)’’.
§ 636                           TITLE 15—COMMERCE AND TRADE                                  Page 830

  (2) Program required                                     (i) Exclude the preferred lender from par-
    The Administrator shall carry out a pro-             ticipating in the program under this sub-
  gram, to be known as the Private Disaster As-          section.
  sistance program, under which the Adminis-               (ii) Exclude the preferred lender from
  tration may guarantee timely payment of                participating in the Preferred Lender Pro-
  principal and interest, as scheduled, on any           gram for a period of not more than 5 years.
  loan made to an eligible small business con-        (8) Fees
  cern located in a disaster area and to an eligi-
  ble individual.                                      (A) In general
  (3) Use of loans                                       The Administrator may not collect a guar-
                                                       antee fee under this subsection.
    A loan guaranteed by the Administrator
  under this subsection may be used for any pur-       (B) Origination fee
  pose authorized under subsection (b).                  The Administrator may pay a qualified
  (4) Online applications                              private lender or preferred lender an origina-
                                                       tion fee for a loan guaranteed under this
    (A) Establishment
                                                       subsection in an amount agreed upon in ad-
      The Administrator may establish, directly        vance between the qualified private lender
    or through an agreement with another enti-         or preferred lender and the Administrator.
    ty, an online application process for loans
    guaranteed under this subsection.                 (9) Documentation
    (B) Other Federal assistance                        A qualified private lender or preferred lender
                                                      may use its own loan documentation for a loan
      The Administrator may coordinate with           guaranteed by the Administrator under this
    the head of any other appropriate Federal         subsection, to the extent authorized by the
    agency so that any application submitted          Administrator. The ability of a lender to use
    through an online application process estab-      its own loan documentation for a loan guaran-
    lished under this paragraph may be consid-        teed under this subsection shall not be consid-
    ered for any other Federal assistance pro-        ered part of the criteria for becoming a quali-
    gram for disaster relief.                         fied private lender under the regulations pro-
    (C) Consultation                                  mulgated under paragraph (10).
      In establishing an online application proc-     (10) Implementation regulations
    ess under this paragraph, the Administrator
    shall consult with appropriate persons from        (A) In general
    the public and private sectors, including pri-       Not later than 1 year after the date of en-
    vate lenders.                                      actment of the Small Business Disaster Re-
  (5) Maximum amounts                                  sponse and Loan Improvements Act of 2008,
                                                       the Administrator shall issue final regula-
    (A) Guarantee percentage
                                                       tions establishing permanent criteria for
      The Administrator may guarantee not              qualified private lenders.
    more than 85 percent of a loan under this
    subsection.                                        (B) Report to Congress
    (B) Loan amount                                      Not later than 6 months after the date of
                                                       enactment of the Small Business Disaster
      The maximum amount of a loan guaran-             Response and Loan Improvements Act of
    teed under this subsection shall be $2,000,000.    2008, the Administrator shall submit a report
  (6) Terms and conditions                             on the progress of the regulations required
    A loan guaranteed under this subsection            by subparagraph (A) to the Committee on
  shall be made under the same terms and condi-        Small Business and Entrepreneurship of the
  tions as a loan under subsection (b).                Senate and the Committee on Small Busi-
                                                       ness of the House of Representatives.
  (7) Lenders
    (A) In general                                    (11) Authorization of appropriations
      A loan guaranteed under this subsection          (A) In general
    made to—                                             Amounts necessary to carry out this sub-
        (i) a qualified individual may be made by      section shall be made available from
      a preferred lender; and                          amounts appropriated to the Administration
        (ii) a qualified small business concern        to carry out subsection (b).
      may be made by a qualified private lender
                                                       (B) Authority to reduce interest rates and
      or by a preferred lender that also makes
                                                           other terms and conditions
      loans to qualified individuals.
    (B) Compliance                                       Funds appropriated to the Administration
                                                       to carry out this subsection,9 may be used by
      If the Administrator determines that a           the Administrator to meet the loan terms
    preferred lender knowingly failed to comply        and conditions specified in paragraph (6).
    with the underwriting standards for loans
    guaranteed under this subsection or violated      (12) Purchase of loans
    the terms of the standard operating proce-          The Administrator may enter into an agree-
    dure agreement between that preferred lend-       ment with a qualified private lender or pre-
    er and the Administration, the Adminis-           ferred lender to purchase any loan guaranteed
    trator shall do 1 or more of the following:       under this subsection.
Page 831                                   TITLE 15—COMMERCE AND TRADE                               § 636

(d) Extension or renewal of loans; purchase of            accept such a loan in sufficient amount to
    participations; assumption of obligations;            repay the Administration: Provided further,
    disaster loans; interest rates; loan amounts          That no loan under subsection (b)(1) shall be
  (1) The Administration may further extend the           made, either directly or in cooperation with
maturity of or renew any loan made pursuant to            banks or other lending institutions through
this section, or any loan transferred to the Ad-          agreements to participate on an immediate or
ministration pursuant to Reorganization Plan              deferred basis, if the total amount outstanding
Numbered 2 of 1954, or Reorganization Plan                and committed to the borrower under such
Numbered 1 of 1957, for additional periods not to         subsection would exceed $500,000 for each dis-
exceed ten years beyond the period stated there-          aster, unless an applicant constitutes a major
in, if such extension or renewal will aid in the          source of employment in an area suffering a
orderly liquidation of such loan.                         disaster, in which case the Administration, in
  (2) During any period in which principal and            its discretion, may waive the $500,000 limita-
interest charges are suspended on the Federal             tion.
share of any loan, as provided in subsection (b),          (4) Notwithstanding the provisions of any
the Administrator shall, upon the request of any         other law, the interest rate on the Federal share
person, firm, or corporation having a participa-         of any loan made under subsection (b) shall be—
tion in such loan, purchase such participation,              (A) in the case of a homeowner unable to se-
or assume the obligation of the borrower, for the          cure credit elsewhere, the rate prescribed by
balance of such period, to make principal and in-          the Administration but not more than one-
terest payments on the non-Federal share of                half the rate determined by the Secretary of
such loan: Provided, That no such payments                 the Treasury taking into consideration the
shall be made by the Administrator in behalf of            current average market yield on outstanding
any borrower unless (i) the Administrator deter-           marketable obligations of the United States
mines that such action is necessary in order to            with remaining periods to maturity com-
avoid a default, and (ii) the borrower agrees to           parable to the average maturities of such
make payments to the Administration in an ag-
                                                           loans plus an additional charge of not to ex-
gregate amount equal to the amount paid in its
                                                           ceed 1 per centum per annum as determined by
behalf by the Administrator, in such manner
                                                           the Administrator, and adjusted to the nearest
and at such times (during or after the term of
                                                           one-eighth of 1 per centum but not to exceed
the loan) as the Administrator shall determine
                                                           8 per centum per annum;
having due regard to the purposes sought to be
                                                             (B) in the case of a homeowner able to se-
achieved by this paragraph.
  (3) With respect to a disaster occurring on or           cure credit elsewhere, the rate prescribed by
after October 1, 1978, and prior 15 August 13, 1981,       the Administration but not more than the rate
on the Administration’s share of loans made                determined by the Secretary of the Treasury
pursuant to paragraph (1) of subsection (b)—               taking into consideration the current average
    (A) if the loan proceeds are to repair or re-          market yield on outstanding marketable obli-
  place a primary residence and/or repair or re-           gations of the United States with remaining
  place damaged or destroyed personal property,            periods to maturity comparable to the average
  the interest rate shall be 3 percent on the first        maturities of such loans plus an additional
  $55,000 of such loan;                                    charge of not to exceed 1 per centum per
    (B) if the loan proceeds are to repair or re-          annum as determined by the Administrator,
  place property damaged or destroyed and if               and adjusted to the nearest one-eighth of 1 per
  the applicant is a business concern which is             centum;
  unable to obtain sufficient credit elsewhere,              (C) in the case of a business concern unable
  the interest rate shall be as determined by the          to obtain credit elsewhere, not to exceed 8 per
  Administration, but not in excess of 5 percent           centum per annum;
  per annum; and                                             (D) in the case of a business concern able to
    (C) if the loan proceeds are to repair or re-          obtain credit elsewhere, the rate prescribed by
  place property damaged or destroyed and if               the Administration but not in excess of the
  the applicant is a business concern which is             rate prevailing in private market for similar
  able to obtain sufficient credit elsewhere, the          loans and not more than the rate prescribed by
  interest rate shall not exceed the current av-           the Administration as the maximum interest
  erage market yield on outstanding marketable             rate for deferred participation (guaranteed)
  obligations of the United States with remain-            loans under subsection (a). Loans under this
  ing periods to maturity comparable to the av-            subparagraph shall be limited to a maximum
  erage maturities of such loans and adjusted to           term of three years.
  the nearest one-eighth of 1 percent, and an ad-          (5) Notwithstanding the provisions of any
  ditional amount as determined by the Admin-            other law, the interest rate on the Federal share
  istration, but not to exceed 1 percent: Pro-           of any loan made under subsection (b)(1) and
  vided, That three years after such loan is fully       (b)(2) on account of a disaster commencing on or
  disbursed and every two years thereafter for           after October 1, 1982, shall be—
  the term of the loan, if the Administration de-            (A) in the case of a homeowner unable to se-
  termines that the borrower is able to obtain a           cure credit elsewhere, the rate prescribed by
  loan from non-Federal sources at reasonable              the Administration but not more than one-
  rates and terms for loans of similar purposes            half the rate determined by the Secretary of
  and periods of time, the borrower shall, upon            the Treasury taking into consideration the
  request by the Administration, apply for and             current average market yield on outstanding
                                                           marketable obligations of the United States
 15 So in original. Probably should be ‘‘prior to’’.       with remaining periods to maturity com-
§ 636                            TITLE 15—COMMERCE AND TRADE                                     Page 832

  parable to the average maturities of such loan       istrator, in obtaining the best available collat-
  plus an additional charge of not to exceed 1         eral for a loan of not more than $200,000 under
  per centum per annum as determined by the            paragraph (1) or (2) of subsection (b) relating to
  Administrator, and adjusted to the nearest           damage to or destruction of the property of, or
  one-eighth of 1 per centum, but not to exceed        economic injury to, a small business concern,
  4 per centum per annum;                              shall not require the owner of the small business
     (B) in the case of a homeowner able to se-        concern to use the primary residence of the
  cure credit elsewhere, the rate prescribed by        owner as collateral if the Administrator deter-
  the Administration but not more than the rate        mines that the owner has other assets of equal
  determined by the Secretary of the Treasury          quality and with a value equal to or greater
  taking into consideration the current average        than the amount of the loan that could be used
  market yield on outstanding marketable obli-         as collateral for the loan: Provided further, That
  gations of the United States with remaining          nothing in the preceding proviso may be con-
  periods to maturity comparable to the average        strued to reduce the amount of collateral re-
  maturities of such loans plus an additional          quired by the Administrator in connection with
  charge of not to exceed 1 per centum per             a loan described in the preceding proviso or to
  annum as determined by the Administrator,            modify the standards used to evaluate the qual-
  and adjusted to the nearest one-eighth of 1 per      ity (rather than the type) of such collateral.
  centum, but not to exceed 8 per centum per           Employees of concerns sharing a common busi-
  annum;                                               ness premises shall be aggregated in deter-
     (C) in the case of a business, private non-       mining ‘‘major source of employment’’ status
  profit organization, or other concern, includ-       for nonprofit applicants owning such premises.
  ing agricultural cooperatives, unable to obtain
                                                       With respect to any loan which is outstanding
  credit elsewhere, not to exceed 4 per centum
                                                       on April 18, 1984, and which was made on ac-
  per annum;
     (D) in the case of a business concern able to     count of a disaster commencing on or after Oc-
  obtain credit elsewhere, the rate prescribed by      tober 1, 1982, the Administrator shall make such
  the Administration but not in excess of the          change in the interest rate on the balance of
  lowest of (i) the rate prevailing in the private     such loan as is required herein effective as of
  market for similar loans, (ii) the rate pre-         April 18, 1984.
                                                         (7) The Administration shall not withhold dis-
  scribed by the Administration as the max-
                                                       aster assistance pursuant to this paragraph to
  imum interest rate for deferred participation
                                                       nurseries who are victims of drought disasters.
  (guaranteed) loans under subsection (a), or
                                                       As used in subsection (b)(2) the term ‘‘an area
  (iii) 8 per centum per annum. Loans under this
                                                       affected by a disaster’’ includes any county, or
  subparagraph shall be limited to a maximum
                                                       county contiguous thereto, determined to be a
  term of 7 years.
                                                       disaster by the President, the Secretary of Agri-
  (6) Notwithstanding the provisions of any            culture or the Administrator of the Small Busi-
other law, such loans, subject to the reductions       ness Administration.
required by subparagraphs (A) and (B) of sub-            (8) DISASTER LOANS FOR SUPERSTORM SANDY.—
section (b)(1), shall be in amounts equal to 100           (A) IN GENERAL.—Notwithstanding any other
per centum of loss. The interest rates for loans         provision of law, and subject to the same re-
made under subsection (b)(1) and (2), as deter-          quirements and procedures that are used to
mined pursuant to paragraph (5), shall be the            make loans pursuant to subsection (b), a small
rate of interest which is in effect on the date of       business concern, homeowner, nonprofit enti-
the disaster commenced: Provided, That no loan           ty, or renter that was located within an area
under subsection (b)(1) and (2) shall be made, ei-       and during the time period with respect to
ther directly or in cooperation with banks or            which a major disaster was declared by the
other lending institutions through agreements            President under section 401 of the Robert T.
to participate on an immediate or deferred               Stafford Disaster Relief and Emergency As-
(guaranteed) basis, if the total amount out-             sistance Act (42 U.S.C. 5170) by reason of
standing and committed to the borrower under             Superstorm Sandy may apply to the Adminis-
subsection (b) would exceed $500,000 for each dis-       trator—
aster unless an applicant constitutes a major                (i) for a loan to repair, rehabilitate, or re-
source of employment in an area suffering a dis-           place property damaged or destroyed by rea-
aster, in which case the Administration, in its            son of Superstorm Sandy; or
discretion, may waive the $500,000 limitation:               (ii) if such a small business concern has
Provided further, That the Administration, sub-            suffered substantial economic injury by rea-
ject to the reductions required by subparagraphs           son of Superstorm Sandy, for a loan to assist
(A) and (B) of subsection (b)(1), shall not reduce         such a small business concern.
the amount of eligibility for any homeowner on             (B) TIMING.—The Administrator shall select
account of loss of real estate to less than $100,000     loan recipients and make available loans for a
for each disaster nor for any homeowner or les-          period of not less than 1 year after the date on
see on account of loss of personal property to           which the Administrator carries out this au-
less than $20,000 for each disaster, such sums           thority.
being in addition to any eligible refinancing:             (C) INSPECTOR GENERAL REVIEW.—Not later
Provided further, That the Administration shall          than 6 months after the date on which the Ad-
not require collateral for loans of $14,000 or less      ministrator begins carrying out this author-
(or such higher amount as the Administrator de-          ity, the Inspector General of the Administra-
termines appropriate in the event of a major dis-        tion shall initiate a review of the controls for
aster) which are made under paragraph (1) of             ensuring applicant eligibility for loans made
subsection (b): Provided further, That the Admin-        under this paragraph.
Page 833                                   TITLE 15—COMMERCE AND TRADE                                  § 636

(e) Funds for small business development cen-            the Administration’s participation may total 100
     ters under section 648 of this title                per centum of the balance of the loan at the
   The Administration shall not fund any Small           time of disbursement. The Administration’s
Business Development Center or any variation             share of any loan made under this subsection
thereof, except as authorized in section 648 of          shall bear interest at the rate of 3 per centum
this title.                                              per annum. The maximum term of any such
                                                         loan, including extensions and renewals thereof,
(f) Additional requirements for subsection (b)           may not exceed fifteen years. All loans made
     loans                                               under this subsection shall be of such sound
   (1) 16 Increased deferment authorized                 value or so secured as reasonably to assure re-
     (A) In general                                      payment: Provided, however, That any reason-
                                                         able doubt shall be resolved in favor of the appli-
      In making loans under subsection (b), the          cant.
    Administrator may provide, to the person                (3) For purposes of this subsection, the term
    receiving the loan, an option to defer repay-        ‘‘handicapped individual’’ means a person who
    ment on the loan.                                    has a physical, mental, or emotional impair-
    (B) Period                                           ment, defect, ailment, disease, or disability of a
      The period of a deferment under subpara-           permanent nature which in any way limits the
    graph (A) may not exceed 4 years.                    selection of any type of employment for which
                                                         the person would otherwise be qualified or qual-
(g) Net earnings clauses prohibited for sub-
                                                         ifiable.
    section (b) loans
                                                         (i) Loans to small business concerns located in
  In making loans under subsection (b), the Ad-               urban or rural areas with high proportions
ministrator shall not require the borrower to                 of unemployed or low-income individuals, or
pay any non-amortized amount for the first five               owned by low-income individuals
years after repayment begins.
                                                            (1) The Administration also is empowered to
(h) Loans to handicapped persons and organiza-           make, participate (on an immediate basis) in, or
    tions for handicapped                                guarantee loans, repayable in not more than fif-
  (1) The Administration also is empowered,              teen years, to any small business concern, or to
where other financial assistance is not available        any qualified person seeking to establish such a
on reasonable terms, to make such loans (either          concern, when it determines that such loans will
directly or in cooperation with Banks or other           further the policies established in section 631(b) 2
lending institutions through agreements to par-          of this title, with particular emphasis on the
ticipate on an immediate or deferred basis) as           preservation or establishment of small business
the Administration may determine to be nec-              concerns located in urban or rural areas with
essary or appropriate—                                   high proportions of unemployed or low-income
    (A) to assist any public or private organiza-        individuals, or owned by low-income individuals:
  tion—                                                  Provided, however, That no such loans shall be
      (i) which is organized under the laws of the       made, participated in, or guaranteed if the total
    United States or of any State, operated in           of such Federal assistance to a single borrower
    the interest of handicapped individuals, the         outstanding at any one time would exceed
    net income of which does not inure in whole          $100,000. The Administration may defer pay-
    or in part to the benefit of any shareholder         ments on the principal of such loans for a grace
    or other individual;                                 period and use such other methods as it deems
      (ii) which complies with any applicable oc-        necessary and appropriate to assure the success-
    cupational health and safety standard pre-           ful establishment and operation of such concern.
    scribed by the Secretary of Labor; and               The Administration may, in its discretion, as a
      (iii) which, in the production of commod-          condition of such financial assistance, require
    ities and in the provision of services during        that the borrower take steps to improve his
    any fiscal year in which it receives financial       management skills by participating in a man-
    assistance under this subsection, employs            agement training program approved by the Ad-
    handicapped individuals for not less than 75         ministration: Provided, however, That any man-
    per centum of the man-hours required for             agement training program so approved must be
    the production or provision of the commod-           of sufficient scope and duration to provide rea-
    ities or services; or                                sonable opportunity for the individuals served
   (B) to assist any handicapped individual in           to develop entrepreneurial and managerial self-
 establishing, acquiring, or operating a small           sufficiency.
 business concern.                                          (2) The Administration shall encourage, as far
                                                         as possible, the participation of the private busi-
  (2) The Administration’s share of any loan             ness community in the program of assistance to
made under this subsection shall not exceed              such concerns, and shall seek to stimulate new
$350,000, nor may any such loan be made if the           private lending activities to such concerns
total amount outstanding and committed (by               through the use of the loan guarantees, partici-
participation or otherwise) to the borrower from         pations in loans, and pooling arrangements au-
the business loan and investment fund estab-             thorized by this subsection.
lished by section 633(c)(1)(B) of this title would          (3) To insure an equitable distribution between
exceed $350,000. In agreements to participate in         urban and rural areas for loans between $3,500
loans on a deferred basis under this subsection,         and $100,000 made under this subsection, the Ad-
                                                         ministration is authorized to use the agencies
 16 So in original. No par. (2) has been enacted.        and agreements and delegations developed under
§ 636                            TITLE 15—COMMERCE AND TRADE                                      Page 834

title III of the Economic Opportunity Act of           (j) Financial assistance for projects providing
1964, as amended [42 U.S.C. 2841 et seq.], as it            technical or management assistance; areas of
shall determine necessary.                                  high concentration of unemployment or low-
                                                            income; preferences; manner and method of
  (4) The Administration shall provide for the
                                                            payment; accessible services; program eval-
continuing evaluation of programs under this
                                                            uations; establishment of development pro-
subsection, including full information on the lo-           gram; coordination of policies
cation, income characteristics, and types of
                                                          (1) The Administration shall provide financial
businesses and individuals assisted, and on new
                                                       assistance to public or private organizations to
private lending activity stimulated, and the re-
                                                       pay all or part of the cost of projects designed to
sults of such evaluation together with rec-            provide technical or management assistance to
ommendations shall be included in the report re-       individuals or enterprises eligible for assistance
quired by section 639(a) of this title.                under subsection (i), paragraph (10) of this sub-
  (5) Loans made pursuant to this subsection           section; and section 637(a) of this title, with spe-
(including immediate participation in and guar-        cial attention to small businesses located in
antees of such loans) shall have such terms and        areas of high concentration of unemployed or
conditions as the Administration shall deter-          low-income individuals, to small businesses eli-
mine, subject to the following limitations—            gible to receive contracts pursuant to section
                                                       637(a) of this title.
   (A) there is reasonable assurance of repay-            (2) Financial assistance under this subsection
  ment of the loan;                                    may be provided for projects, including, but not
    (B) the financial assistance is not otherwise      limited to—
  available on reasonable terms from private                (A) planning and research, including feasi-
  sources or other Federal, State, or local pro-          bility studies and market research;
  grams;                                                    (B) the identification and development of
                                                          new business opportunities;
    (C) the amount of the loan, together with               (C) the furnishing of centralized services
  other funds available, is adequate to assure            with regard to public services and Federal
  completion of the project or achievement of             Government programs including programs au-
  the purposes for which the loan is made;                thorized under subsection (i); paragraph (10) of
    (D) the loan bears interest at a rate not less        this subsection, and section 637(a) of this title;
  than (i) a rate determined by the Secretary of            (D) the establishment and strengthening of
  the Treasury, taking into consideration the             business service agencies, including trade as-
                                                          sociations and cooperatives; and
  average market yield on outstanding Treasury
                                                            (E) the furnishing of business counseling,
  obligations of comparable maturity, plus (ii)           management training, and legal and other re-
  such additional charge, if any, toward cov-             lated services, with special emphasis on the
  ering other costs of the program as the Admin-          development of management training pro-
  istration may determine to be consistent with           grams using the resources of the business com-
  its purposes: Provided, however, That the rate          munity, including the development of manage-
  of interest charged on loans made in redevel-           ment training opportunities in existing busi-
  opment areas designated under the Public                ness, and with emphasis in all cases upon pro-
  Works and Economic Development Act of 1965              viding management training of sufficient
  [42 U.S.C. 3121 et seq.] shall not exceed the rate      scope and duration to develop entrepreneurial
  currently applicable to new loans made under            and managerial self-sufficiency on the part of
  section 201 of that Act [42 U.S.C. 3141]; and           the individuals served.
    (E) fees not in excess of amounts necessary          (3) The Administration shall encourage the
  to cover administrative expenses and probable        placement of subcontracts by businesses with
  losses may be required on loan guarantees.           small business concerns located in areas of high
                                                       concentration of unemployed or low-income in-
  (6) The Administration shall take such steps         dividuals, with small businesses owned by low-
as may be necessary to insure that, in any fiscal      income individuals, and with small businesses
year, at least 50 per centum of the amounts            eligible to receive contracts pursuant to section
loaned or guaranteed pursuant to this sub-             637(a) of this title. The Administration may pro-
section are allotted to small business concerns        vide incentives and assistance to such busi-
located in urban areas identified by the Admin-        nesses that will aid in the training and upgrad-
istration as having high concentrations of un-         ing of potential subcontractors or other small
employed or low-income individuals or to small         business concerns eligible for assistance under
business concerns owned by low-income individ-         subsections (i) and (j), and section 637(a) of this
uals. The Administration shall define the mean-        title.
ing of low income as it applies to owners of             (4) The Administration shall give preference to
small business concerns eligible to be assisted        projects which promote the ownership, partici-
under this subsection.                                 pation in ownership, or management of small
                                                       businesses owned by low-income individuals and
  (7) No financial assistance shall be extended        small businesses eligible to receive contracts
pursuant to this subsection where the Adminis-         pursuant to section 637(a) of this title.
tration determines that the assistance will be           (5) The financial assistance authorized for
used in relocating establishments from one area        projects under this subsection includes assist-
to another if such relocation would result in an       ance advanced by grant, agreement, or contract.
increase in unemployment in the area of origi-           (6) The Administration is authorized to make
nal location.                                          payments under grants and contracts entered
Page 835                                 TITLE 15—COMMERCE AND TRADE                                         § 636

into under this subsection in lump sum or in-                     signed to meet the specific needs of small
stallments, and in advance or by way of reim-                     business concerns participating in the Pro-
bursement, and in the case of grants, with nec-                   gram and which have received or are apply-
essary adjustments on account of overpayments                     ing to receive a surety bond, and (III) prepa-
or underpayments.                                                 ration of all forms necessary to receive a
   (7) To the extent feasible, services under this                surety bond guarantee from the Administra-
subsection shall be provided in a location which                  tion pursuant to title IV, part B of the Small
is easily accessible to the individuals and small                 Business Investment Act of 1958 [15 U.S.C.
business concerns served.                                         694a et seq.].
   (8) Repealed. Pub. L. 101–574, title II, § 242(2),
                                                                   (B) Small business concerns eligible to re-
Nov. 15, 1990, 104 Stat. 2827.
   (9) The Administration shall take such steps                  ceive contracts pursuant to section 637(a) of
as may be necessary and appropriate, in coordi-                  this title shall participate in the Program.
                                                                   (C)(i) A small business concern participating
nation and cooperation with the heads of other
                                                                 in any program or activity conducted under
Federal departments and agencies, to insure
                                                                 the authority of this paragraph or eligible for
that contracts, subcontracts, and deposits made
                                                                 the award of contracts pursuant to section
by the Federal Government or with programs
                                                                 637(a) of this title on September 1, 1988, shall
aided with Federal funds are placed in such way
                                                                 be permitted continued participation and eli-
as to further the purposes of subsections (i) and
                                                                 gibility in such program or activity for a pe-
(j) and section 637(a) of this title.
   (10) There is established within the Adminis-                 riod of time which is the greater of—
                                                                     (I) 9 years less the number of years since
tration a small business and capital ownership
                                                                   the award of its first contract pursuant to
development program (hereinafter referred to as
                                                                   section 637(a) of this title; or
the ‘‘Program’’) which shall provide assistance
                                                                     (II) its original fixed program participa-
exclusively for small business concerns eligible
                                                                   tion term (plus any extension thereof) as-
to receive contracts pursuant to section 637(a) of
                                                                   signed prior to November 15, 1988, plus eight-
this title. The program, and all other services
                                                                   een months.
and activities authorized under this subsection
and section 637(a) of this title, shall be managed                 (ii) Nothing contained in this subparagraph
by the Associate Administrator for Minority                      shall be deemed to prevent the Administration
Small Business and Capital Ownership Develop-                    from instituting a termination or graduation
ment under the supervision of, and responsible                   pursuant to subparagraph (F) or (H) for issues
to, the Administrator.                                           unrelated to the expiration of any time period
     (A) The Program shall—                                      limitation.
       (i) assist small business concerns partici-                 (D)(i) Promptly after certification under
     pating in the Program (either through pub-                  paragraph (11) a Program Participant shall
     lic or private organizations) to develop and                submit a business plan (hereinafter referred to
     maintain comprehensive business plans                       as the ‘‘plan’’) as described in clause (ii) of
     which set forth the Program Participant’s                   this subparagraph for review by the Business
     specific business targets, objectives, and                  Opportunity Specialist assigned to assist such
     goals developed and maintained in con-                      Program Participant. The plan may be a revi-
     formity with subparagraph (D).17                            sion of a preliminary business plan submitted
       (ii) provide for such other nonfinancial                  by the Program Participant or required by the
     services as deemed necessary for the estab-                 Administration as a part of the application for
     lishment, preservation, and growth of small                 certification under this section and shall be
     business concerns participating in the Pro-                 designed to result in the Program Participant
     gram, including but not limited to (I) loan                 eliminating the conditions or circumstances
     packaging, (II) financial counseling, (III) ac-             upon which the Administration determined
     counting and bookkeeping assistance, (IV)                   eligibility pursuant to section 637(a)(6) of this
     marketing assistance, and (V) management                    title. Such plan, and subsequent modifications
     assistance;                                                 submitted under clause (iii) of this subpara-
       (iii) assist small business concerns partici-             graph, shall be approved by the business op-
     pating in the Program to obtain equity and                  portunity specialist prior to the Program Par-
     debt financing;                                             ticipant being eligible for award of a contract
       (iv) establish regular performance moni-                  pursuant to section 637(a) of this title.
     toring and reporting systems for small busi-                  (ii) The plans submitted under this subpara-
     ness concerns participating in the Program                  graph shall include the following:
     to assure compliance with their business                         (I) An analysis of market potential, com-
     plans;                                                        petitive environment, and other business
       (v) analyze and report the causes of suc-                   analyses estimating the Program Partici-
     cess and failure of small business concerns                   pant’s prospects for profitable operations
     participating in the Program; and                             during the term of program participation
       (vi) provide assistance necessary to help                   and after graduation.
     small business concerns participating in the                     (II) An analysis of the Program Partici-
     Program to procure surety bonds, with such                    pant’s strengths and weaknesses with par-
     assistance including, but not limited to, (I)                 ticular attention to correcting any finan-
     the preparation of application forms re-                      cial, managerial, technical, or personnel
     quired to receive a surety bond, (II) special                 conditions which are likely to impede the
     management and technical assistance de-                       small business concern from receiving con-
                                                                   tracts other than those awarded under sec-
 17 So in original. The period probably should be a semicolon.     tion 637(a) of this title.
§ 636                            TITLE 15—COMMERCE AND TRADE                                   Page 836

      (III) Specific targets, objectives, and goals,       (i) voluntarily elects not to continue par-
    for the business development of the Program          ticipation;
    Participant during the next and succeeding             (ii) completes the period of Program par-
    years utilizing the results of the analyses          ticipation as prescribed by paragraph (15);
    conducted pursuant to subclauses (I) and               (iii) is terminated pursuant to a termi-
    (II).                                                nation proceeding conducted in accordance
      (IV) A transition management plan out-             with section 637(a)(9) of this title; or
    lining specific steps to assure profitable             (iv) is graduated pursuant to a graduation
    business operations after graduation (to be          proceeding conducted in accordance with
    incorporated into the Program Participant’s          section 637(a)(9) of this title.
    plan during the first year of the transitional
                                                         (F) For purposes of this section and section
    stage of Program participation).
      (V) Estimates of contract awards pursuant        637(a) of this title, the term ‘‘terminated’’ and
    to section 637(a) of this title and from other     the term ‘‘termination’’ means the total de-
    sources, which the Program Participant will        nial or suspension of assistance under this
    require to meet the specific targets, objec-       paragraph or under section 637(a) of this title
    tives, and goals for the years covered by its      prior to the graduation of the participating
    plan. The estimates established shall be con-      small business concern or prior to the expira-
    sistent with the provisions of subparagraph        tion of the maximum program participation
    (I) and section 637(a) of this title.              term. An action for termination shall be based
                                                       upon good cause, including—
    (iii) Each Program Participant shall annu-             (i) the failure by such concern to maintain
  ally review its currently approved plan with           its eligibility for Program participation;
  its Business Opportunity Specialist and mod-             (ii) the failure of the concern to engage in
  ify such plan as may be appropriate. Any               business practices that will promote its
  modified plan shall be submitted to the Ad-            competitiveness within a reasonable period
  ministration for approval. The currently ap-           of time as evidenced by, among other indica-
  proved plan shall be considered valid until            tors, a pattern of unjustified delinquent per-
  such time as a modified plan is approved by            formance or terminations for default with
  the Business Opportunity Specialist. Annual            respect to contracts awarded under the au-
  reviews pertaining to years in the transitional        thority of section 637(a) of this title;
  stage of program participation shall require,            (iii) a demonstrated pattern of failing to
  as appropriate, a written verification that            make required submissions or responses to
  such Program Participant has complied with             the Administration in a timely manner;
  the requirements of subparagraph (I) relating            (iv) the willful violation of any rule or reg-
  to attaining business activity from sources            ulation of the Administration pertaining to
  other than contracts awarded pursuant to sec-          material issues;
  tion 637(a) of this title.                               (v) the debarment of the concern or its dis-
    (iv) Each Program Participant shall annu-            advantaged owners by any agency pursuant
  ally forecast its needs for contract awards
                                                         to subpart 9.4 of title 48, Code of Federal
  under section 637(a) of this title for the next
                                                         Regulations (or any successor regulation); or
  program year and the succeeding program
                                                           (vi) the conviction of the disadvantaged
  year during the review of its business plan,
                                                         owner or an officer of the concern for any of-
  conducted pursuant to clause (iii). Such fore-
                                                         fense indicating a lack of business integrity
  cast shall be known as the section 8(a) [15
                                                         including any conviction for embezzlement,
  U.S.C. 637(a)] contract support level and shall
                                                         theft, forgery, bribery, falsification or viola-
  be included in the Program Participant’s busi-
                                                         tion of section 645 of this title. For purposes
  ness plan. Such forecast shall include—
       (I) the aggregate dollar value of contract        of this clause, no termination action shall be
    support to be sought on a noncompetitive             taken with respect to a disadvantaged owner
    basis under section 637(a) of this title, re-        solely because of the conviction of an officer
    flecting compliance with the requirements            of the concern (who is other than a disadvan-
    of subparagraph (I) relating to attaining            taged owner) unless such owner conspired
    business activity from sources other than            with, abetted, or otherwise knowingly acqui-
    contracts awarded pursuant to section 637(a)         esced in the activity or omission that was
    of this title,                                       the basis of such officer’s conviction.
       (II) the types of contract opportunities          (G) The Director of the Division may ini-
    being sought, identified by Standard Indus-        tiate a termination proceeding by recom-
    trial Classification (SIC) Code or otherwise,      mending such action to the Associate Admin-
       (III) an estimate of the dollar value of con-   istrator for Minority Small Business and Cap-
    tract support to be sought on a competitive        ital Ownership Development. Whenever the
    basis, and                                         Associate Administrator, or a designee of such
       (IV) such other information as may be re-       officer, determines such termination is appro-
    quested by the Business Opportunity Spe-           priate, within 15 days after making such a de-
    cialist to provide effective business develop-     termination the Program Participant shall be
    ment assistance to the Program Participant.        provided a written notice of intent to termi-
    (E) A small business concern participating         nate, specifying the reasons for such action.
  in the program conducted under the authority         No Program Participant shall be terminated
  of this paragraph and eligible for the award of      from the Program pursuant to subparagraph
  contracts pursuant to section 637(a) of this         (F) without first being afforded an opportunity
  title shall be denied all such assistance if such    for a hearing in accordance with section
  concern—                                             637(a)(9) of this title.
Page 837                        TITLE 15—COMMERCE AND TRADE                                          § 636

   (H) For the purposes of this subsection and            the dollar volume of its competitive business
 section 637(a) of this title the term ‘‘grad-            activity or limiting the dollar volume of
 uated’’ or ‘‘graduation’’ means that the Pro-            contracts awarded to the Program Partici-
 gram Participant is recognized as successfully           pant pursuant to section 637(a) of this title;
 completing the program by substantially                  except for actions that would constitute a
 achieving the targets, objectives, and goals             termination, remedial measures taken pur-
 contained in the concern’s business plan there-          suant to this subclause shall not be review-
 by demonstrating its ability to compete in the           able pursuant to section 637(a)(9) of this
 marketplace without assistance under this                title.
 section or section 637(a) of this title.                 (J)(i) The Administration shall conduct an
   (I)(i) During the developmental stage of its
                                                        evaluation of a Program Participant’s eligi-
 participation in the Program, a Program Par-
                                                        bility for continued participation in the Pro-
 ticipant shall take all reasonable efforts with-
                                                        gram whenever it receives specific and cred-
 in its control to attain the targets contained
                                                        ible information alleging that such Program
 in its business plan for contracts awarded
                                                        Participant no longer meets the requirements
 other than pursuant to section 637(a) of this
                                                        for Program eligibility. Upon making a find-
 title (hereinafter referred to as ‘‘business ac-
                                                        ing that a Program Participant is no longer
 tivity targets.’’). Such efforts shall be made a
                                                        eligible, the Administration shall initiate a
 part of the business plan and shall be suffi-
                                                        termination proceeding in accordance with
 cient in scope and duration to satisfy the Ad-
                                                        subparagraph (F). A Program Participant’s
 ministration that the Program Participant
                                                        eligibility for award of any contract under the
 will engage a reasonable marketing strategy
                                                        authority of section 637(a) of this title may be
 that will maximize its potential to achieve its
                                                        suspended pursuant to subpart 9.4 of title 48,
 business activity targets.
                                                        Code of Federal Regulations (or any successor
   (ii) During the transitional stage of the Pro-
                                                        regulation).
 gram a Program Participant shall be subject
                                                          (ii)(I) Except as authorized by subclauses (II)
 to regulations regarding business activity tar-
                                                        or (III), no award shall be made pursuant to
 gets that are promulgated by the Administra-
                                                        section 637(a) of this title to a concern other
 tion pursuant to clause (iii);
                                                        than a small business concern.
   (iii) The regulations referred to in clause (ii)
                                                          (II) In determining the size of a small busi-
 shall:
                                                        ness concern owned by a socially and economi-
      (I) establish business activity targets ap-
                                                        cally disadvantaged Indian tribe (or a wholly
   plicable to Program Participants during the
                                                        owned business entity of such tribe), each
   fifth year and each succeeding year of Pro-
                                                        firm’s size shall be independently determined
   gram Participation; such targets, for such
                                                        without regard to its affiliation with the tribe,
   period of time, shall reflect a reasonably
                                                        any entity of the tribal government, or any
   consistent increase in contracts awarded
                                                        other business enterprise owned by the tribe,
   other than pursuant to section 637(a) of this
                                                        unless the Administrator determines that one
   title, expressed as a percentage of total
                                                        or more such tribally owned business concerns
   sales; when promulgating business activity
                                                        have obtained, or are likely to obtain, a sub-
   targets the Administration may establish
                                                        stantial unfair competitive advantage within
   modified targets for Program Participants
                                                        an industry category.
   that have participated in the Program for a
                                                          (III) Any joint venture established under the
   period of longer than four years on June 1,
                                                        authority of section 602(b) of Public Law
   1989;
                                                        100–656, the ‘‘Business Opportunity Develop-
      (II) require a Program Participant to at-
                                                        ment Reform Act of 1988’’, shall be eligible for
   tain its business activity targets;
      (III) provide that, before the receipt of any     award of a contract pursuant to section 637(a)
   contract to be awarded pursuant to section           of this title.
   637(a) of this title, the Program Participant        (11)(A) The Associate Administrator for Mi-
   (if it is in the transitional stage) must cer-     nority Small Business and Capital Ownership
   tify that it has complied with the regula-         Development shall be responsible for coordi-
   tions promulgated pursuant to subclause            nating and formulating policies relating to Fed-
   (II), or that it is in compliance with such re-    eral assistance to small business concerns eligi-
   medial measures as may have been ordered           ble for assistance under subsection (i) and small
   pursuant to regulations issued under sub-          business concerns eligible to receive contracts
   clause (V);                                        pursuant to section 637(a) of this title.
      (IV) require the Administration to review         (B)(i) Except as provided in clause (iii), no in-
   each Program Participant’s performance re-         dividual who was determined pursuant to sec-
   garding attainment of business activity tar-       tion 637(a) of this title to be socially and eco-
   gets during periodic reviews of such Partici-      nomically disadvantaged before August 15, 1989,
   pant’s business plan; and                          shall be permitted to assert such disadvantage
      (V) authorize the Administration to take        with respect to any other concern making appli-
   appropriate remedial measures with respect         cation for certification after August 15, 1989.
   to a Program Participant that has failed to          (ii) Except as provided in clause (iii), any indi-
   attain a required business activity target for     vidual upon whom eligibility is based pursuant
   the purpose of reducing such Participant’s         to section 637(a)(4) of this title shall be per-
   dependence on contracts awarded pursuant           mitted to assert such eligibility for only one
   to section 637(a) of this title; such remedial     small business concern.
   actions may include, but are not limited to          (iii) A socially and economically disadvan-
   assisting the Program Participant to expand        taged Indian tribe may own more than one small
§ 636                            TITLE 15—COMMERCE AND TRADE                                     Page 838

business concern eligible for assistance pursuant        cerning protests from applicants that have
to paragraph (10) and section 637(a) of this title       been denied program admission;
if—                                                        (vii) decide protests regarding the status of
    (I) the Indian tribe does not own another            a concern as a disadvantaged concern for pur-
  firm in the same industry which has been de-           poses of any program or activity conducted
  termined to be eligible to receive contracts           under the authority of subsection (d) of sec-
  under this program, and                                tion 637 of this title, or any other provision of
    (II) the individuals responsible for the man-        Federal law that references such subsection
  agement and daily operations of the concern            for a definition of program eligibility; and
  do not manage more than two Program Par-                 (viii) implement such policy directives as
  ticipants.                                             may be issued by the Associate Administrator
  (C) No concern, previously eligible for the            for Minority Small Business and Capital Own-
award of contracts pursuant to section 637(a) of         ership Development pursuant to subparagraph
this title, shall be subsequently recertified for        (I) regarding, among other things, the geo-
program participation if its prior participation         graphic distribution of concerns to be admit-
in the program was concluded for any of the rea-         ted to the program and the industrial make-up
sons described in paragraph (10)(E).                     of such concerns.
  (D) A concern eligible for the award of con-           (G) An applicant shall not be denied admission
tracts pursuant to this subsection shall remain        into the program established by paragraph (10)
eligible for such contracts if there is a transfer     due solely to a determination by the Division
of ownership and control (as defined pursuant to       that specific contract opportunities are unavail-
section 637(a)(4) of this title) to individuals who    able to assist in the development of such con-
are determined to be socially and economically         cern unless—
disadvantaged pursuant to section 637(a) of this           (i) the Government has not previously pro-
title. In the event of such a transfer, the con-         cured and is unlikely to procure the types of
cern, if not terminated or graduated, shall be el-       products or services offered by the concern; or
igible for a period of continued participation in          (ii) the purchases of such products or serv-
the program not to exceed the time limitations           ices by the Federal Government will not be in
prescribed in paragraph (15).                            quantities sufficient to support the develop-
  (E) There is established a Division of Program         mental needs of the applicant and other Pro-
Certification and Eligibility (hereinafter re-           gram Participants providing the same or simi-
ferred to in this paragraph as the ‘‘Division’’)         lar items or services.
that shall be made part of the Office of Minority
Small Business and Capital Ownership Develop-            (H) Not later than 90 days after receipt of a
ment. The Division shall be headed by a Direc-         completed application for Program certifi-
tor who shall report directly to the Associate         cation, the Associate Administrator for Minor-
Administrator for Minority Small Business and          ity Small Business and Capital Ownership De-
Capital Ownership Development. The Division            velopment shall certify a small business concern
shall establish field offices within such regional     as a Program Participant or shall deny such ap-
offices of the Administration as may be nec-           plication.
essary to perform efficiently its functions and          (I) Thirty days before the conclusion of each
responsibilities.                                      fiscal year, the Director of the Division shall re-
  (F) Subject to the provisions of section             view all concerns that have been admitted into
637(a)(9) of this title, the functions and responsi-   the Program during the preceding 12-month pe-
bility of the Division are to—                         riod. The review shall ascertain the number of
    (i) receive, review and evaluate applications      entrants, their geographic distribution and in-
  for certification pursuant to paragraphs (4),        dustrial classification. The Director shall also
  (5), (6) and (7) of section 637(a) of this title;    estimate the expected growth of the Program
    (ii) advise each program applicant within 15       during the next fiscal year and the number of
  days after the receipt of an application as to       additional Business Opportunity Specialists, if
  whether such application is complete and suit-       any, that will be needed to meet the anticipated
  able for evaluation and, if not, what matters        demand for the Program. The findings and con-
  must be rectified;                                   clusions of the Director shall be reported to the
    (iii) render recommendations on such appli-        Associate Administrator for Minority Small
  cations to the Associate Administrator for Mi-       Business and Capital Ownership Development by
  nority Small Business and Capital Ownership          September 30 of each year. Based on such report
  Development;                                         and such additional data as may be relevant, the
    (iv) review and evaluate financial state-          Associate Administrator shall, by October 31 of
  ments and other submissions from concerns            each year, issue policy and program directives
  participating in the program established by          applicable to such fiscal year that—
  paragraph (10) to ascertain continued eligi-             (i) establish priorities for the solicitation of
  bility to receive subcontracts pursuant to sec-        program applications from underrepresented
  tion 637(a) of this title;                             regions and industry categories;
    (v) make a request for the initiation of ter-          (ii) assign staffing levels and allocate other
  mination or graduation proceedings, as appro-          program resources as necessary to meet pro-
  priate, to the Associate Administrator for Mi-         gram needs; and
  nority Small Business and Capital Ownership              (iii) establish priorities in the processing
  Development;                                           and admission of new Program Participants as
    (vi) make recommendations to the Associate           may be necessary to achieve an equitable geo-
  Administrator for Minority Small Business              graphic distribution of concerns and a dis-
  and Capital Ownership Development con-                 tribution of concerns across all industry cat-
Page 839                                   TITLE 15—COMMERCE AND TRADE                                    § 636

 egories in proportions needed to increase sig-                  (iii) the contract to which it pertains does
 nificantly contract awards to small business                  not exceed $3,000,000 in amount. This sub-
 concerns owned and controlled by socially and                 paragraph shall cease to be effective on Oc-
 economically disadvantaged individuals. When                  tober 1, 1994.
 considering such increase the Administration                   (E) Financial assistance whereby the Admin-
 shall give due consideration to those indus-                 istration may purchase in whole or in part,
 trial categories where Federal purchases have                and on behalf of such concerns, skills training
 been substantial but where the participation                 or upgrading for employees or potential em-
 rate of such concerns has been limited.                      ployees of such concerns. Such assistance may
  (12)(A) The Administration shall segment the                be made without regard to section 647(a) of
Capital Ownership Development Program into                    this title. Assistance may be made by direct
two stages: a developmental stage; and a transi-              payment to the training provider or by reim-
tional stage.                                                 bursing the Program Participant or the Par-
  (B) The developmental stage of program par-                 ticipant’s employee, if such reimbursement is
ticipation shall be designed to assist the concern            found to be reasonable and appropriate. For
in its effort to overcome its economic disadvan-              purposes of this subparagraph the term ‘‘train-
tage by providing such assistance as may be nec-              ing provider’’ shall mean an institution of
essary and appropriate to access its markets and              higher education, a community or vocational
                                                              college, or an institution eligible to provide
to strengthen its financial and managerial
                                                              skills training or upgrading under title I of
skills.
                                                              the Workforce Innovation and Opportunity
  (C) The transitional stage of program partici-
                                                              Act [29 U.S.C. 3111 et seq.]. The Administra-
pation shall be designed to overcome, insofar as
                                                              tion shall, in consultation with the Secretary
practicable, the remaining elements of economic               of Labor, promulgate rules and regulations to
disadvantage and to prepare such concern for                  implement this subparagraph that establish
graduation from the program.                                  acceptable training and upgrading perform-
  (13) A Program Participant, if otherwise eligi-             ance standards and provide for such moni-
ble, shall be qualified to receive the following              toring or audit requirements as may be nec-
assistance during the stages of program partici-              essary to ensure the integrity of the training
pation specified in paragraph 12: 18                          effort. No financial assistance shall be granted
    (A) Contract support pursuant to section                  under the subparagraph unless the Adminis-
  637(a) of this title.                                       trator determines that—
    (B) Financial assistance pursuant to sub-                     (i) such concern has documented that it
  section (a)(20).                                              has first explored the use of existing cost-
    (C) A maximum of two exemptions from the                    free or cost-subsidized training programs of-
  requirements of section 35(a) 2 of title 41,                  fered by public and private sector agencies
  which exemptions shall apply only to con-                     working with programs of employment and
  tracts awarded pursuant to section 637(a) of                  training and economic development;
  this title and shall only be used to allow for                  (ii) no more than five employees or poten-
  contingent agreements by a small business                     tial employees of such concern are recipients
  concern to acquire the machinery, equipment,                  of any benefits under this subparagraph at
  facilities, or labor needed to perform such con-              any one time;
  tracts. No exemption shall be made pursuant                     (iii) no more than $2,500 shall be made
  to this subparagraph if the contract to which                 available for any one employee or potential
  it pertains has an anticipated value in excess                employee;
  of $10,000,000. This subparagraph shall cease to                (iv) the length of training or upgrading fi-
  be effective on October 1, 1992.                              nanced by this subparagraph shall be no less
    (D) A maximum of five exemptions from the                   than one month nor more than six months;
                                                                  (v) such concern has given adequate assur-
  requirements of sections 3131 and 3133 of title
                                                                ance it will employ the trainee or upgraded
  40, which exemptions shall apply only to con-
                                                                employee for at least six months after the
  tracts awarded pursuant to section 637(a) of
                                                                training or upgrading financed by this sub-
  this title, except that, such exemptions may
                                                                paragraph has been completed and each
  be granted under this subparagraph only if—
                                                                trainee or upgraded employee has provided a
       (i) the Administration finds that such con-
                                                                similar assurance to remain within the em-
    cern is unable to obtain the requisite bond
                                                                ploy of such concern for such period; if such
    or bonds from a surety and that no surety is                concern, trainee, or upgraded employee
    willing to issue a bond subject to the guar-                breaches this agreement, the Administration
    antee provision of title IV of the Small Busi-              shall be entitled to and shall make diligent
    ness Investment Act of 1958 (15 U.S.C. 692 et               efforts to obtain from the violating party
    seq.);                                                      the repayment of all funds expended on be-
       (ii) the Administration and the agency                   half of the violating party, such repayment
    providing the contracting opportunity have                  shall be made to the Administration to-
    provided for the protection of persons fur-                 gether with such interest and costs of collec-
    nishing materials or labor to the Program                   tion as may be reasonable; the violating
    Participant by arranging for the direct dis-                party shall be barred from receiving any fur-
    bursement of funds due to such persons by                   ther assistance under this subparagraph;
    the procuring agency or through any bank                      (vi) the training to be financed may take
    the deposits of which are insured by the Fed-               place either at such concern’s facilities or at
    eral Deposit Insurance Corporation; and                     those of the training provider; and
                                                                  (vii) such concern will maintain such
 18 So in original. Probably should be ‘‘paragraph (12):’’.     records as the Administration deems appro-
§ 636                            TITLE 15—COMMERCE AND TRADE                                    Page 840

    priate to ensure that the provisions of this            (bb) in the case of a covered territory busi-
    paragraph and any other applicable law have           ness, the period beginning on January 1,
    not been violated.                                    2021, and ending on the date that is 4 years
    (F)(i) The transfer of technology or surplus          after such date.
  property owned by the United States to such a           (II) The Administrator may transfer tech-
  concern. Activities designed to effect such           nology or surplus property under clause (i) to
  transfer shall be developed in cooperation with       a Puerto Rico business or a covered territory
  the heads of Federal agencies and shall include       business if either such business meets the re-
  the transfer by grant, license, or sale of such       quirements for such a transfer, without regard
  technology or property to such a concern.             to whether either such business is a Program
  Such property may be transferred to Program           Participant.
  Participants on a priority basis. Technology            (G) Training assistance whereby the Admin-
  or property transferred under this subpara-           istration shall conduct training sessions to as-
  graph shall be used by the concern during the         sist individuals and enterprises eligible to re-
  normal conduct of its business operation and          ceive contracts under section 637(a) of this
  shall not be sold or transferred to any other         title in the development of business principles
  party (other than the Government) during              and strategies to enhance their ability to suc-
  such concern’s term of participation in the           cessfully compete for contracts in the market-
  Program and for one year thereafter.                  place.
    (ii)(I) In this clause—                               (H) Joint ventures, leader-follower arrange-
       (aa) the term ‘‘covered period’’ means the       ments, and teaming agreements between the
    2-year period beginning on the date on which        Program Participant and other Program Par-
    the President declared the applicable major         ticipants and other business concerns with re-
    disaster; and                                       spect to contracting opportunities for the re-
       (bb) the term ‘‘disaster area’’ means the        search, development, full-scale engineering or
    area for which the President has declared a         production of major systems. Such activities
    major disaster, during the covered period.          shall be undertaken on the basis of programs
    (II) The Administrator may transfer tech-           developed by the agency responsible for the
  nology or surplus property under clause (i) on        procurement of the major system, with the as-
  a priority basis to a small business concern lo-      sistance of the Administration.
  cated in a disaster area if—                            (I) Transitional management business plan-
      (aa) the small business concern meets the         ning training and technical assistance.
    requirements for such a transfer, without re-         (J) Program Participants in the develop-
    gard to whether the small business concern          mental stage of Program participation shall
    is a Program Participant; and                       be eligible for the assistance provided by sub-
      (bb) for a small business concern that is a       paragraphs (A), (B), (C), (D), (E), (F), and (G).
    Program Participant, on and after the date           (14) Program Participants in the transitional
    on which the President declared the applica-       stage of Program participation shall be eligible
    ble major disaster, the small business con-        for the assistance provided by subparagraphs
    cern has not received property under this          (A), (B), (F), (G), (H), and (I) of paragraph (13).
    subparagraph on the basis of the status of           (15) Subject to the provisions of paragraph
    the small business concern as a Program            (10)(C), a small business concern may receive de-
    Participant.                                       velopmental assistance under the Program and
     (III) For any transfer of property under this     contracts under section 637(a) of this title for a
  clause to a small business concern, the terms        total period of not longer than nine years, meas-
  and conditions shall be the same as a transfer       ured from the date of its certification under the
  to a Program Participant, except that the            authority of such section, of which—
  small business concern shall agree not to sell            (A) no more than four years may be spent in
  or transfer the property to any party other            the developmental stage of Program Partici-
  than the Federal Government during the cov-            pation; and
                                                            (B) no more than five years may be spent in
  ered period.
     (IV) A small business concern that receives         the transitional stage of Program Participa-
  a transfer of property under this clause may           tion.
  not receive a transfer of property under clause        (16)(A) The Administrator shall develop and
  (i) during the covered period.                       implement a process for the systematic collec-
     (V) If a small business concern sells or trans-   tion of data on the operations of the Program
  fers property in violation of the agreement de-      established pursuant to paragraph (10).
  scribed in subclause (III), the Administrator          (B) Not later than April 30 of each year, the
  may initiate proceedings to prohibit the small       Administrator shall submit a report to the Con-
  business concern from receiving a transfer of        gress on the Program that shall include the fol-
  property under this clause or clause (i), in ad-     lowing:
  dition to any other remedy available to the              (i) The average personal net worth of indi-
  Administrator.                                         viduals who own and control concerns that
     (iii)(I) In this clause, the term ‘‘covered pe-     were initially certified for participation in the
  riod’’ means—                                          Program during the immediately preceding
        (aa) in the case of a Puerto Rico business,      fiscal year. The Administrator shall also indi-
     the period beginning on August 13, 2018, and        cate the dollar distribution of net worths, at
     ending on the date on which the Oversight           $50,000 increments, of all such individuals
     Board established under section 2121 of title       found to be socially and economically dis-
     48 terminates; and                                  advantaged. For the first report required pur-
Page 841                       TITLE 15—COMMERCE AND TRADE                                           § 636

 suant to this paragraph the Administrator           (k) Functions relating to loans and financial as-
 shall also provide the data specified in the pre-        sistance for projects providing technical or
 ceding sentence for all eligible individuals in          management assistance to individuals or en-
 the Program as of November 15, 1988.                     terprises eligible for assistance as small busi-
                                                          ness concerns located in urban or rural
   (ii) A description and estimate of the bene-
                                                          areas with high proportions of unemployed
 fits and costs that have accrued to the econ-
                                                          or low-income individuals, or owned by low-
 omy and the Government in the immediately                income individuals
 preceding fiscal year due to the operations of
 those business concerns that were performing           In carrying out its functions under subsections
 contracts awarded pursuant to section 637(a)        (i) and (j) and section 637(a) of this title, the Ad-
 of this title.                                      ministration is authorized—
                                                          (1) to utilize, with their consent, the services
   (iii) A compilation and evaluation of those          and facilities of Federal agencies without re-
 business concerns that have exited the Pro-            imbursement, and, with the consent of any
 gram during the immediately preceding three            State or political subdivision of a State, ac-
 fiscal years. Such compilation and evaluation          cept and utilize the services and facilities of
 shall detail the number of concerns actively           such State or subdivision without reimburse-
 engaged in business operations, those that             ment;
 have ceased or substantially curtailed such op-          (2) to accept, in the name of the Administra-
 erations, including the reasons for such ac-           tion, and employ or dispose of in furtherance
 tions, and those concerns that have been ac-           of the purposes of this chapter, any money or
 quired by other firms or organizations owned           property, real, personal, or mixed, tangible, or
 and controlled by other than socially and eco-         intangible, received by gift, devise, bequest, or
 nomically disadvantaged individuals. For               otherwise;
 those businesses that have continued oper-               (3) to accept voluntary and uncompensated
 ations after they exited from the Program, the         services, notwithstanding the provisions of
                                                        section 1342 of title 31; and
 Administrator shall also separately detail the           (4) to employ experts and consultants or or-
 benefits and costs that have accrued to the            ganizations thereof as authorized by section
 economy during the immediately preceding               3109 of title 5, except that no individual may
 fiscal year due to the operations of such con-         be employed under the authority of this sub-
 cerns.                                                 section for more than one hundred days in any
   (iv) A listing of all participants in the Pro-       fiscal year; to compensate individuals so em-
 gram during the preceding fiscal year identi-          ployed at rates not in excess of the daily
 fying, by State and by Region, for each firm:          equivalent of the highest rate payable under
 the name of the concern, the race or ethnicity,        section 5332 of title 5, including traveltime;
 and gender of the disadvantaged owners, the            and to allow them, while away from their
 dollar value of all contracts received in the          homes or regular places of business, travel ex-
 preceding year, the dollar amount of advance           penses (including per diem in lieu of subsist-
 payments received by each concern pursuant             ence) as authorized by section 5703 of title 5
 to contracts awarded under section 637(a) of           for persons in the Government service em-
 this title, and a description including (if ap-        ployed intermittently, while so employed: Pro-
 propriate) an estimate of the dollar value of          vided, however, That contracts for such em-
 all benefits received pursuant to paragraphs           ployment may be renewed annually.
 (13) and (14) and subsection (a)(20) during such    (l) Small business intermediary lending pilot
 year.                                                    program
                                                        (1) Definitions
   (v) The total dollar value of contracts and
 options awarded during the preceding fiscal              In this subsection—
 year pursuant to section 637(a) of this title and          (A) the term ‘‘eligible intermediary’’—
                                                               (i) means a private, nonprofit entity
 such amount expressed as a percentage of
                                                            that—
 total sales of (I) all firms participating in the                (I) seeks or has been awarded a loan
 Program during such year; and (II) of firms in                from the Administrator to make loans to
 each of the nine years of program participa-                  small business concerns under this sub-
 tion.                                                         section; and
   (vi) A description of such additional re-                      (II) has not less than 1 year of experi-
 sources or program authorities as may be re-                  ence making loans to startup, newly es-
 quired to provide the types of services needed                tablished, or growing small business con-
 over the next two-year period to service the                  cerns; and
 expected portfolio of firms certified pursuant              (ii) includes—
 to section 637(a) of this title.                               (I) a private, nonprofit community de-
   (vii) The total dollar value of contracts and             velopment corporation;
 options awarded pursuant to section 637(a) of                  (II) a consortium of private, nonprofit
 this title, at such dollar increments as the Ad-            organizations or nonprofit community
 ministrator deems appropriate, for each four                development corporations; and
                                                                (III) an agency of or nonprofit entity
 digit standard industrial classification code
                                                             established by a Native American Tribal
 under which such contracts and options were
                                                             Government; and
 classified.
                                                           (B) the term ‘‘Program’’ means the small
  (C) The first report required by subparagraph          business intermediary lending pilot program
(B) shall pertain to fiscal year 1990.                   established under paragraph (2).
§ 636                           TITLE 15—COMMERCE AND TRADE                                    Page 842

  (2) Establishment                                       Program during the 2-year period beginning
    There is established a 3-year small business          on the date of the initial disbursement of
  intermediary lending pilot program, under               funds under that loan.
  which the Administrator may make direct                 (G) Maximum participants and amounts
  loans to eligible intermediaries, for the pur-             During each of fiscal years 2011, 2012, and
  pose of making loans to startup, newly estab-           2013, the Administrator may make loans
  lished, and growing small business concerns.            under the Program—
  (3) Purposes                                                  (i) to not more than 20 eligible inter-
                                                             mediaries; and
    The purposes of the Program are—
                                                                (ii) in a total amount of not more than
      (A) to assist small business concerns in
                                                             $20,000,000.
    areas suffering from a lack of credit due to
    poor economic conditions or changes in the          (5) Loans to small business concerns
    financial market; and                                 (A) In general
      (B) to establish a loan program under                  The Administrator, through an eligible
    which the Administrator may provide loans             intermediary, shall make loans to startup,
    to eligible intermediaries to enable the eligi-       newly established, and growing small busi-
    ble intermediaries to provide loans to start-         ness concerns for working capital, real es-
    up, newly established, and growing small              tate, and the acquisition of materials, sup-
    business concerns for working capital, real           plies, furniture, fixtures, and equipment.
    estate, or the acquisition of materials, sup-         (B) Maximum loan
    plies, or equipment.
                                                             An eligible intermediary may not make a
  (4) Loans to eligible intermediaries                    loan under this subsection of more than
    (A) Application                                       $200,000 to any 1 small business concern.
      Each eligible intermediary desiring a loan          (C) Applicable interest rates
    under this subsection shall submit an appli-             A loan made by an eligible intermediary to
    cation to the Administrator that describes—           a small business concern under this sub-
        (i) the type of small business concerns to        section, may have a fixed or a variable inter-
      be assisted;                                        est rate, and shall bear an interest rate spec-
        (ii) the size and range of loans to be            ified by the eligible intermediary in the ap-
      made;                                               plication of the eligible intermediary for a
        (iii) the interest rate and terms of loans        loan under this subsection.
      to be made;
                                                          (D) Review restrictions
        (iv) the geographic area to be served and
      the economic, poverty, and unemployment                The Administrator may not review indi-
      characteristics of the area;                        vidual loans made by an eligible inter-
        (v) the status of small business concerns         mediary to a small business concern before
      in the area to be served and an analysis of         approval of the loan by the eligible inter-
      the availability of credit; and                     mediary.
        (vi) the qualifications of the applicant to     (6) Termination
      carry out this subsection.                          The authority of the Administrator to make
    (B) Loan limits                                     loans under the Program shall terminate 3
      No loan may be made to an eligible inter-         years after September 27, 2010.
    mediary under this subsection if the total        (m) Microloan Program
    amount outstanding and committed to the             (1)(A) Purposes
    eligible intermediary by the Administrator            The purposes of the Microloan Program
    would, as a result of such loan, exceed             are—
    $1,000,000 during the participation of the eli-          (i) to assist women, low-income, veteran
    gible intermediary in the Program.                    (within the meaning of such term under sec-
    (C) Loan duration                                     tion 632(q) of this title), and minority entre-
      Loans made by the Administrator under               preneurs and business owners and other such
    this subsection shall be for a term of 20             individuals possessing the capability to op-
    years.                                                erate successful business concerns;
                                                             (ii) to assist small business concerns in
    (D) Applicable interest rates
                                                          those areas suffering from a lack of credit
      Loans made by the Administrator to an el-           due to economic downturns;
    igible intermediary under the Program shall              (iii) to establish a microloan program to
    bear an annual interest rate equal to 1.00            be administered by the Small Business Ad-
    percent.                                              ministration—
    (E) Fees; collateral                                        (I) to make loans to eligible inter-
      The Administrator may not charge any                   mediaries to enable such intermediaries to
    fees or require collateral with respect to any           provide small-scale loans, particularly
    loan made to an eligible intermediary under              loans in amounts averaging not more than
    this subsection.                                         $10,000, to startup, newly established, or
                                                             growing small business concerns for work-
    (F) Delayed payments                                     ing capital or the acquisition of materials,
      The Administrator shall not require the                supplies, or equipment;
    repayment of principal or interest on a loan                (II) to make grants to eligible inter-
    made to an eligible intermediary under the               mediaries that, together with non-Federal
Page 843                       TITLE 15—COMMERCE AND TRADE                                        § 636

     matching funds, will enable such inter-           lished, or growing small business concerns
     mediaries to provide intensive marketing,         and providing, as an integral part of its
     management, and technical assistance to           microloan program, intensive marketing,
     microloan borrowers;                              management, and technical assistance to its
       (III) to make grants to eligible nonprofit      borrowers.
     entities that, together with non-Federal        (3) Loans to intermediaries
     matching funds, will enable such entities         (A) Intermediary applications
     to provide intensive marketing, manage-
                                                         (i) In general
     ment, and technical assistance to assist
     low-income entrepreneurs and other low-                As part of its application for a loan, each
     income individuals obtain private sector            intermediary shall submit a description to
     financing for their businesses, with or             the Administration of—
     without loan guarantees; and                             (I) the type of businesses to be as-
       (IV) to report to the Committees on                  sisted;
     Small Business of the Senate and the                     (II) the size and range of loans to be
     House of Representatives on the effective-             made;
                                                              (III) the geographic area to be served
     ness of the microloan program and the ad-
                                                            and its economic, poverty, and unem-
     visability and feasibility of implementing
                                                            ployment characteristics;
     such a program nationwide; and
                                                              (IV) the status of small business con-
     (iv)     to   establish   a   welfare-to-work          cerns in the area to be served and an
   microloan initiative, which shall be adminis-            analysis of their credit and technical as-
   tered by the Administration, in order to test            sistance needs;
   the feasibility of supplementing the tech-                 (V) any marketing, management, and
   nical assistance grants provided under                   technical assistance to be provided in
   clauses (ii) and (iii) of subparagraph (B) to            connection with a loan made under this
   individuals who are receiving assistance                 subsection;
   under the State program funded under part                  (VI) the local economic credit mar-
   A of title IV of the Social Security Act (42             kets, including the costs associated with
   U.S.C. 601 et seq.), or under any comparable             obtaining credit locally;
   State funded means tested program of as-                   (VII) the qualifications of the appli-
   sistance for low-income individuals, in order            cant to carry out the purpose of this sub-
   to adequately assist those individuals in—               section; and
        (I) establishing small businesses; and                (VIII) any plan to involve other tech-
        (II) eliminating their dependence on that           nical assistance providers (such as coun-
     assistance.                                            selors from the Service Corps of Retired
 (B) Establishment                                          Executives or small business develop-
                                                            ment centers) or private sector lenders
   There is established a microloan program,
                                                            in assisting selected business concerns.
 under which the Administration may—
     (i) make direct loans to eligible inter-            (ii) Selection of intermediaries
   mediaries, as provided under paragraph (3),              In selecting intermediaries to partici-
   for the purpose of making short-term, fixed           pate in the program established under this
   interest rate microloans to startup, newly            subsection, the Administration shall give
   established, and growing small business con-          priority to those applicants that provide
   cerns under paragraph (6);                            loans in amounts averaging not more than
     (ii) in conjunction with such loans and             $10,000.
   subject to the requirements of paragraph (4),       (B) Intermediary contribution
   make grants to such intermediaries for the            As a condition of any loan made to an
   purpose of providing intensive marketing,           intermediary under subparagraph (B)(i) of
   management, and technical assistance to             paragraph (1), the Administrator shall re-
   small business concerns that are borrowers          quire the intermediary to contribute not
   under this subsection; and                          less than 15 percent of the loan amount in
     (iii) subject to the requirements of para-
                                                       cash from non-Federal sources.
   graph (5), make grants to nonprofit entities
   for the purpose of providing marketing,             (C) Loan limits
   management, and technical assistance to               Notwithstanding subsection (a)(3), no loan
   low-income individuals seeking to start or          shall be made under this subsection if the
   enlarge their own businesses, if such assist-       total amount outstanding and committed to
   ance includes working with the grant recipi-        one intermediary (excluding outstanding
   ent to secure loans in amounts not to exceed        grants) from the business loan and invest-
   $50,000 from private sector lending institu-        ment fund established by this chapter would,
   tions, with or without a loan guarantee from        as a result of such loan, exceed $750,000 in
   the nonprofit entity.                               the first year of such intermediary’s partici-
 (2) Eligibility for participation                     pation in the program, $7,000,000 (in the ag-
                                                       gregate) in the remaining years of the
   An intermediary shall be eligible to receive
                                                       intermediary’s participation in the program,
 loans and grants under subparagraphs (B)(i)
                                                       and $3,000,000 in any of those remaining
 and (B)(ii) of paragraph (1) if it—
                                                       years.
     (A) meets the definition in paragraph (10); 2
   and                                                 (D)(i) In general
     (B) has at least 1 year of experience mak-          The Administrator shall, by regulation, re-
   ing microloans to startup, newly estab-             quire each intermediary to establish a loan
§ 636                                      TITLE 15—COMMERCE AND TRADE                                                Page 844

    loss reserve fund, and to maintain such re-                         (ii) Applicable interest rates
    serve fund until all obligations owed to the                           Except as provided in clause (iii), loans
    Administration under this subsection are re-                        made by the Administration under this
    paid.                                                               subsection to an intermediary shall bear
    (ii) Level of loan loss reserve fund                                an interest rate equal to 1.25 percentage
       (I) In general                                                   points below the rate determined by the
          Subject to subclause (III), the Adminis-                      Secretary of the Treasury for obligations
       trator shall require the loan loss reserve                       of the United States with a period of matu-
       fund of an intermediary to be maintained                         rity of 5 years, adjusted to the nearest one-
       at a level equal to 15 percent of the out-                       eighth of 1 percent.
       standing balance of the notes receivable                         (iii) Rates applicable to certain small loans
       owed to the intermediary.                                           Loans made by the Administration to an
       (II) Review of loan loss reserve                                 intermediary that makes loans to small
          After the initial 5 years of an                               business concerns and entrepreneurs aver-
       intermediary’s participation in the pro-                         aging not more than $7,500, shall bear an
       gram authorized by this subsection, the                          interest rate that is 2 percentage points
       Administrator shall, at the request of the                       below the rate determined by the Sec-
       intermediary, conduct a review of the an-                        retary of the Treasury for obligations of
       nual loss rate of the intermediary. Any                          the United States with a period of matu-
       intermediary in operation under this sub-                        rity of 5 years, adjusted to the nearest one-
       section prior to October 1, 1994, that re-                       eighth of 1 percent.
       quests a reduction in its loan loss reserve                      (iv) Rates applicable to multiple sites or of-
       shall be reviewed based on the most recent                            fices
       5-year period preceding the request.
                                                                           The interest rate prescribed in clause (ii)
       (III) Reduction of loan loss reserve
                                                                        or (iii) shall apply to each separate loan-
          Subject to the requirements of clause                         making site or office of 1 intermediary
       IV,19 the Administrator may reduce the                           only if such site or office meets the re-
       annual loan loss reserve requirement of an                       quirements of that clause.
       intermediary to reflect the actual average
                                                                        (v) Rate basis
       loan loss rate for the intermediary during
       the preceding 5-year period, except that in                         The applicable rate of interest under this
       no case shall the loan loss reserve be re-                       paragraph shall—
       duced to less than 10 percent of the out-                             (I) be applied retroactively for the first
       standing balance of the notes receivable                            year of an intermediary’s participation
       owed to the intermediary.                                           in the program, based upon the actual
       (IV) Requirements                                                   lending practices of the intermediary as
                                                                           determined by the Administration prior
          The Administrator may reduce the an-
                                                                           to the end of such year; and
       nual loan loss reserve requirement of an                              (II) be based in the second and subse-
       intermediary only if the intermediary
                                                                           quent years of an intermediary’s partici-
       demonstrates to the satisfaction of the Ad-
                                                                           pation in the program, upon the actual
       ministrator that—
            (aa) the average annual loss rate for                          lending practices of the intermediary
          the intermediary during the preceding 5-                         during the term of the intermediary’s
          year period is less than 15 percent; and                         participation in the program.
            (bb) that 20 no other factors exist that                    (vii) 21 Covered intermediaries
          may impair the ability of the inter-                             The interest rates prescribed in this sub-
          mediary to repay all obligations owed to                      paragraph shall apply to all loans made to
          the Administration under this sub-                            intermediaries under this subsection on or
          section.                                                      after October 28, 1991.
    (E) Unavailability of comparable credit                           (G) Delayed payments
       An intermediary may make a loan under                            The Administration shall not require re-
    this subsection of more than $20,000 to a                         payment of interest or principal of a loan
    small business concern only if such small                         made to an intermediary under this sub-
    business concern demonstrates that it is un-                      section during the first year of the loan.
    able to obtain credit elsewhere at com-
    parable interest rates and that it has good                       (H) Fees; collateral
    prospects for success. In no case shall an                          Except as provided in subparagraphs (B)
    intermediary make a loan under this sub-                          and (D), the Administration shall not charge
    section of more than $50,000, or have out-                        any fees or require collateral other than an
    standing or committed to any 1 borrower                           assignment of the notes receivable of the
    more than $50,000.                                                microloans with respect to any loan made to
    (F) Loan duration; interest rates                                 an intermediary under this subsection.
       (i) Loan duration                                            (4) Marketing, management and technical as-
          Loans made by the Administration under                        sistance grants to intermediaries
       this subsection shall be for a term of 10                      Grants made in accordance with subpara-
       years.                                                       graph (B)(ii) of paragraph (1) shall be subject
                                                                    to the following requirements:
 19 So in original. Probably should be ‘‘subclause (IV),’’.

 20 So in original. The word ‘‘that’’ probably should not appear.   21 So in original. Probably should be ‘‘(vi)’’.
Page 845                        TITLE 15—COMMERCE AND TRADE                                       § 636

   (A) Grant amounts                                  (E) Assistance to certain small business con-
     Except as otherwise provided in subpara-              cerns
   graphs (C) and (G) and subject to subpara-           (i) In general
   graph (B), each intermediary that receives a            Each intermediary may expend an
   loan under subparagraph (B)(i) of paragraph          amount not to exceed 50 percent of the
   (1) shall be eligible to receive a grant to pro-     grant funds received under paragraph
   vide marketing, management, and technical            (1)(B)(ii) to provide information and tech-
   assistance to small business concerns that           nical assistance to small business concerns
   are borrowers under this subsection. Except          that are prospective borrowers under this
   as provided in subparagraphs (C) and (G),            subsection.
   each intermediary meeting the requirements           (ii) Technical assistance
   of subparagraph (B) may receive a grant of              An intermediary may expend not more
   not more than 25 percent of the total out-           than 50 percent of the funds received under
   standing balance of loans made to it under           paragraph (1)(B)(ii) to enter into third
   this subsection.                                     party contracts for the provision of tech-
                                                        nical assistance.
   (B) Contribution
                                                      (F) Supplemental grant
     As a condition of a grant made under sub-          (i) In general
   paragraph (A), the Administrator shall re-
   quire the intermediary to contribute an                 The Administration may accept any
   amount equal to 25 percent of the amount of          funds transferred to the Administration
   the grant, obtained solely from non-Federal          from other departments or agencies of the
   sources. In addition to cash or other direct         Federal Government to make grants in ac-
   funding, the contribution may include indi-          cordance with this subparagraph and sec-
   rect costs or in-kind contributions paid for         tion 202(b) of the Small Business Reauthor-
                                                        ization Act of 1997 to participating inter-
   under non-Federal programs.
                                                        mediaries and technical assistance pro-
   (C) Additional technical assistance grants for       viders under paragraph (5), for use in ac-
       making certain loans                             cordance with clause (iii) to provide addi-
                                                        tional technical assistance and related
     (i) In general                                     services to recipients of assistance under a
                                                        State program described in paragraph
        In addition to grants made under sub-
                                                        (1)(A)(iv) at the time they initially apply
     paragraph (A) or (G), each intermediary
                                                        for assistance under this subparagraph.
     shall be eligible to receive a grant equal to
     5 percent of the total outstanding balance         (ii) Eligible recipients; grant amounts
     of loans made to the intermediary under               In making grants under this subpara-
     this subsection if—                                graph, the Administration may select,
          (I) the intermediary provides not less        from among participating intermediaries
        than 25 percent of its loans to small busi-     and technical assistance providers de-
        ness concerns located in or owned by 1 or       scribed in clause (i), not more than 20
        more residents of an economically dis-          grantees in fiscal year 1998, not more than
        tressed area; or                                25 grantees in fiscal year 1999, and not
          (II) the intermediary has a portfolio of      more than 30 grantees in fiscal year 2000,
        loans made under this subsection—               each of whom may receive a grant under
            (aa) that averages not more than            this subparagraph in an amount not to ex-
          $10,000 during the period of the              ceed $200,000 per year.
          intermediary’s participation in the           (iii) Use of grant amounts
          program; or                                      Grants under this subparagraph—
            (bb) of which not less than 25 percent           (I) are in addition to other grants pro-
          is serving rural areas during the period         vided under this subsection and shall not
          of the intermediary’s participation in           require the contribution of matching
          the program.                                     amounts as a condition of eligibility;
                                                           and
     (ii) Purposes                                           (II) may be used by a grantee—
        A grant awarded under clause (i) may be                (aa) to pay or reimburse a portion of
     used to provide marketing, management,                  child care and transportation costs of
     and technical assistance to small business              recipients of assistance described in
     concerns that are borrowers under this                  clause (i), to the extent such costs are
     subsection.                                             not otherwise paid by State block
                                                             grants under the Child Care Develop-
     (iii) Contribution exception                            ment Block Grant Act of 1990 (42 U.S.C.
        The contribution requirements in sub-                9858 2 et seq.) or under part A of title IV
     paragraph (B) do not apply to grants made               of the Social Security Act (42 U.S.C.
     under this subparagraph.                                601 et seq.); and
                                                               (bb) for marketing, management, and
   (D) Eligibility for multiple sites or offices             technical assistance to recipients of
     The eligibility for a grant described in sub-           assistance described in clause (i).
   paragraph (A),9 or (C) shall be determined           (iv) Memorandum of Understanding
   separately for each loan-making site or of-             Prior to accepting any transfer of funds
   fice of 1 intermediary.                              under clause (i) from a department or
§ 636                           TITLE 15—COMMERCE AND TRADE                                   Page 846

      agency of the Federal Government, the             (C) Interest limit
      Administration shall enter into a Memo-             Notwithstanding any provision of the laws
      randum of Understanding with the depart-          of any State or the constitution of any State
      ment or agency, which shall—                      pertaining to the rate or amount of interest
          (I) specify the terms and conditions of       that may be charged, taken, received, or re-
        the grants under this subparagraph; and         served on a loan, the maximum rate of inter-
          (II) provide for appropriate monitoring       est to be charged on a microloan funded
        of expenditures by each grantee under           under this subsection shall not exceed the
        this subparagraph and each recipient of         rate of interest applicable to a loan made to
        assistance described in clause (i) who re-      an intermediary by the Administration—
        ceives assistance from a grantee under               (i) in the case of a loan of more than
        this subparagraph, in order to ensure             $7,500 made by the intermediary to a small
        compliance with this subparagraph by              business concern or entrepreneur by more
        those grantees and recipients of assist-          than 7.75 percentage points; and
        ance.                                                (ii) in the case of a loan of not more than
    (G) Grant amounts based on appropriations             $7,500 made by the intermediary to a small
      In any fiscal year in which the amount ap-          business concern or entrepreneur by more
    propriated to make grants under subpara-              than 8.5 percentage points.
    graph (A) is sufficient to provide to each          (D) Review restriction
    intermediary that receives a loan under               The Administration shall not review indi-
    paragraph (1)(B)(i) a grant of not less than 25     vidual microloans made by intermediaries
    percent of the total outstanding balance of         prior to approval.
    loans made to the intermediary under this
    subsection, the Administration shall make a         (E) Establishment of child care or transpor-
    grant under subparagraph (A) to each inter-              tation businesses
    mediary of not less than 25 percent and not           In addition to other eligible small busi-
    more than 30 percent of that total out-             nesses concerns, borrowers under any pro-
    standing balance for the intermediary.              gram under this subsection may include in-
  (5) Private sector borrowing technical assist-        dividuals who will use the loan proceeds to
      ance grants                                       establish for-profit or nonprofit child care
                                                        establishments or businesses providing for-
    Grants made in accordance with subpara-
                                                        profit transportation services.
  graph (B)(iii) of paragraph (1) shall be subject
  to the following requirements:                      (7) Program funding for microloans
    (A) Grant amounts                                   (A) Number of participants
      Subject to the requirements of subpara-             Under the program authorized by this sub-
    graph (B), the Administration may make not          section, the Administration may fund, on a
    more than 55 grants annually, each in               competitive basis, not more than 300 inter-
    amounts not to exceed $200,000 for the pur-         mediaries.
    poses specified in subparagraph (B)(iii) of         (B) Allocation
    paragraph (1).
                                                          (i) Minimum allocation
    (B) Contribution
                                                             Subject to the availability of appropria-
      As a condition of any grant made under              tions, of the total amount of new loan
    subparagraph (A), the Administration shall            funds made available for award under this
    require the grant recipient to contribute an          subsection in each fiscal year, the Admin-
    amount equal to 20 percent of the amount of           istration shall make available for award in
    the grant, obtained solely from non-Federal           each State (including the District of Co-
    sources. In addition to cash or other direct          lumbia, the Commonwealth of Puerto
    funding, the contribution may include indi-           Rico, the United States Virgin Islands,
    rect costs or in-kind contributions paid for          Guam, and American Samoa) an amount
    under non-Federal programs.                           equal to the sum of—
  (6) Loans to small business concerns from eligi-              (I) the lesser of—
      ble intermediaries                                          (aa) $800,000; or
    (A) In general                                                (bb) 1⁄55 of the total amount of new
                                                                loan funds made available for award
      An eligible intermediary shall make short-
                                                                under this subsection for that fiscal
    term, fixed rate loans to startup, newly es-
                                                                year; and
    tablished, and growing small business con-
    cerns from the funds made available to it                  (II) any additional amount, as deter-
    under subparagraph (B)(i) of paragraph (1)               mined by the Administration.
    for working capital and the acquisition of            (ii) Redistribution
    materials, supplies, furniture, fixtures, and
                                                             If, at the beginning of the third quarter
    equipment.
                                                          of a fiscal year, the Administration deter-
    (B) Portfolio requirement                             mines that any portion of the amount
      To the extent practicable, each inter-              made available to carry out this sub-
    mediary that operates a microloan program             section is unlikely to be made available
    under this subsection shall maintain a                under clause (i) during that fiscal year, the
    microloan portfolio with an average loan              Administration may make that portion
    size of not more than $15,000.                        available for award in any one or more
Page 847                                 TITLE 15—COMMERCE AND TRADE                                                         § 636

     States (including the District of Columbia,                 (C) a description of the matching contribu-
     the Commonwealth of Puerto Rico, the                      tions of each intermediary;
     United States Virgin Islands, Guam, and                     (D)     the  numbers     and    amounts  of
     American Samoa) without regard to clause                  microloans made by the intermediaries to
     (i).                                                      small business concern borrowers;
 (8) Equitable distribution of intermediaries                    (E) the repayment history of each inter-
                                                               mediary;
   In approving microloan program applicants
                                                                 (F) a description of the loan portfolio of
 and providing funding to intermediaries under
                                                               each intermediary including the extent to
 this subsection, the Administration shall se-
                                                               which it provides microloans to small busi-
 lect and provide funding to such inter-
                                                               ness concerns in rural areas; and
 mediaries as will ensure appropriate avail-
                                                                 (G) any recommendations for legislative
 ability of loans for small businesses in all in-
                                                               changes that would improve program oper-
 dustries located throughout each State, par-
                                                               ations.
 ticularly those located in urban and in rural
 areas.                                                      (11) Definitions
 (9) Grants for management, marketing, tech-                   For purposes of this subsection—
     nical assistance, and related services                      (A) the term ‘‘intermediary’’ means—
   (A) In general                                                  (i) a private, nonprofit entity;
                                                                   (ii) a private, nonprofit community de-
     The Administration may procure technical                    velopment corporation;
   assistance for intermediaries participating                     (iii) a consortium of private, nonprofit
   in the Microloan Program to ensure that                       organizations or nonprofit community de-
   such intermediaries have the knowledge,                       velopment corporations;
   skills, and understanding of microlending                       (iv) a quasi-governmental economic de-
   practices necessary to operate successful                     velopment entity (such as a planning and
   microloan programs.                                           development district), other than a State,
   (B) Assistance amount                                         county, municipal government, or any
     The Administration shall transfer 7 per-                    agency thereof, if—
   cent of its annual appropriation for loans                         (I) no application is received from an
   and loan guarantees under this subsection to                    eligible nonprofit organization; or
   the Administration’s Salaries and Expense                          (II) the Administration determines
   Account for the specific purpose of providing                   that the needs of a region or geographic
   1 or more technical assistance grants to ex-                    area are not adequately served by an ex-
   perienced microlending organizations and                        isting, eligible nonprofit organization
   national and regional nonprofit organiza-                       that has submitted an application; or
   tions that have demonstrated experience in                       (v) an agency of or nonprofit entity es-
   providing training support for microenter-                     tablished by a Native American Tribal
   prise development and financing.22 to                          Government,
   achieve the purpose set forth in subpara-
                                                                that seeks to borrow or has borrowed funds
   graph (A).
                                                                from     the    Administration     to     make
   (C) Welfare-to-work microloan initiative                     microloans to small business concerns under
     Of amounts made available to carry out                     this subsection;
   the welfare-to-work microloan initiative                       (B) the term ‘‘microloan’’ means a short-
   under paragraph (1)(A)(iv) in any fiscal year,               term, fixed rate loan of not more than
   the Administration may use not more than 5                   $50,000, made by an intermediary to a start-
   percent to provide technical assistance, ei-                 up, newly established, or growing small busi-
   ther directly or through contractors, to wel-                ness concern;
   fare-to-work microloan initiative grantees,                    (C) the term ‘‘rural area’’ means any polit-
   to ensure that, as grantees, they have the                   ical subdivision or unincorporated area—
   knowledge, skills, and understanding of                          (i) in a nonmetropolitan county (as de-
   microlending and welfare-to-work transi-                       fined by the Secretary of Agriculture) or
   tion, and other related issues, to operate a                   its equivalent thereof; or
   successful welfare-to-work microloan initia-                     (ii) in a metropolitan county or its
   tive.                                                          equivalent that has a resident population
 (10) Report to Congress                                          of less than 20,000 if the Small Business
                                                                  Administration has determined such polit-
   On November 1, 1995, the Administration
                                                                  ical subdivision or area to be rural.23
 shall submit to the Committees on Small
 Business of the Senate and the House of Rep-                     (D) the term ‘‘economically distressed
 resentatives a report, including the Adminis-                  area’’, as used in paragraph (4), means a
 tration’s evaluation of the effectiveness of the               county or equivalent division of local gov-
 first 31⁄2 years of the microloan program and                  ernment of a State in which the small busi-
 the following:                                                 ness concern is located, in which, according
     (A) the numbers and locations of the inter-                to the most recent data available from the
   mediaries funded to conduct microloan pro-                   Bureau of the Census, Department of Com-
   grams;                                                       merce, not less than 40 percent of residents
     (B) the amounts of each loan and each                      have an annual income that is at or below
   grant to intermediaries;                                     the poverty level.

 22 So in original. The period probably should not appear.   23 So in original. The period probably should be ‘‘;   and’’.
§ 636                           TITLE 15—COMMERCE AND TRADE                                        Page 848

  (12) Deferred participation loan pilot                   under subsection (a) or (b) before being or-
    In lieu of making direct loans to inter-               dered to active service; or
  mediaries as authorized in paragraph (1)(B),               (ii) a small business concern that re-
  during fiscal years 1998 through 2000, the Ad-           ceived a direct loan under subsection (a) or
  ministration may, on a pilot program basis,              (b) before an eligible reservist, who is an
  participate on a deferred basis of not less than         essential employee, was ordered to active
  90 percent and not more than 100 percent on              service.
  loans made to intermediaries by a for-profit or      (2) Deferral of direct loans
  nonprofit entity or by alliances of such enti-         (A) In general
  ties, subject to the following conditions:               The Administration shall, upon written re-
    (A) Number of loans                                  quest, defer repayment of principal and in-
      In carrying out this paragraph, the Admin-         terest due on a direct loan made under sub-
    istration shall not participate in providing         section (a) or (b), if such loan was incurred
    financing on a deferred basis to more than 10        by a qualified borrower.
    intermediaries in urban areas or more than           (B) Period of deferral
    10 intermediaries in rural areas.                      The period of deferral for repayment under
    (B) Term of loans                                    this paragraph shall begin on the date on
                                                         which the eligible reservist is ordered to ac-
      The term of each loan shall be 10 years.
                                                         tive service and shall terminate on the date
    During the first year of the loan, the inter-
                                                         that is 180 days after the date such eligible
    mediary shall not be required to repay any
                                                         reservist is discharged or released from ac-
    interest or principal. During the second
                                                         tive service.
    through fifth years of the loan, the inter-
    mediary shall be required to pay interest            (C) Interest rate reduction during deferral
    only. During the sixth through tenth years             Notwithstanding any other provision of
    of the loan, the intermediary shall be re-           law, during the period of deferral described
    quired to make interest payments and fully           in subparagraph (B), the Administration
    amortize the principal.                              may, in its discretion, reduce the interest
    (C) Interest rate                                    rate on any loan qualifying for a deferral
                                                         under this paragraph.
      The interest rate on each loan shall be the
                                                       (3) Deferral of loan guarantees and other
    rate specified by paragraph (3)(F) for direct
                                                           financings
    loans.
                                                         The Administration shall—
  (13) Evaluation of welfare-to-work microloan
                                                           (A) encourage intermediaries participating
      initiative
                                                         in the program under subsection (m) to defer
    On January 31, 1999, and annually thereafter,        repayment of a loan made with proceeds
  the Administration shall submit to the Com-            made available under that subsection, if
  mittees on Small Business of the House of              such loan was incurred by a small business
  Representatives and the Senate a report on             concern that is eligible to apply for assist-
  any monies distributed pursuant to paragraph           ance under subsection (b)(3); and
  (4)(F).                                                  (B) not later than 30 days after August 17,
(n) Repayment deferred for active service reserv-        1999, establish guidelines to—
    ists                                                     (i) encourage lenders and other inter-
                                                           mediaries to defer repayment of, or pro-
  (1) Definitions
                                                           vide other relief relating to, loan guaran-
    In this subsection:                                    tees under subsection (a) and financings
    (A) Active service                                     under section 697a of this title that were
                                                           incurred by small business concerns that
      The term ‘‘active service’’ has the mean-
                                                           are eligible to apply for assistance under
    ing given that term in section 101(d)(3) of
                                                           subsection (b)(3), and loan guarantees pro-
    title 10.
                                                           vided under subsection (m) if the inter-
    (B) Eligible reservist                                 mediary provides relief to a small business
      The term ‘‘eligible reservist’’ means a              concern under this paragraph; and
    member of a reserve component of the                     (ii) implement a program to provide for
    Armed Forces ordered to perform active                 the deferral of repayment or other relief to
    service for a period of more than 30 consecu-          any intermediary providing relief to a
    tive days.                                             small business borrower under this para-
                                                           graph.
    (C) Essential employee
      The term ‘‘essential employee’’ means an       (Pub. L. 85–536, § 2[7], July 18, 1958, 72 Stat. 387;
    individual who is employed by a small busi-      Pub. L. 85–699, title VI, § 602(c), Aug. 21, 1958, 72
    ness concern and whose managerial or tech-       Stat. 698; Pub. L. 86–367, § 2, Sept. 22, 1959, 73
    nical expertise is critical to the successful    Stat. 647; Pub. L. 87–70, title III, § 305[a], June 30,
    day-to-day operations of that small business     1961, 75 Stat. 167; Pub. L. 87–305, § 9, Sept. 26, 1961,
    concern.                                         75 Stat. 668; Pub. L. 88–264, § 1, Feb. 5, 1964, 78
                                                     Stat. 7; Pub. L. 88–560, title III, § 319, Sept. 2,
    (D) Qualified borrower                           1964, 78 Stat. 794; Pub. L. 89–59, § 1(a), (b), June
      The term ‘‘qualified borrower’’ means—         30, 1965, 79 Stat. 206; Pub. L. 89–409, § 3(a), May 2,
         (i) an individual who is an eligible re-    1966, 80 Stat. 133; Pub. L. 89–769, § 7(b), Nov. 6,
      servist and who received a direct loan         1966, 80 Stat. 1319; Pub. L. 90–104, title I, §§ 103,
Page 849                              TITLE 15—COMMERCE AND TRADE                                                    § 636

104, Oct. 11, 1967, 81 Stat. 268; Pub. L. 90–448, title        §§ 202–208(a), 210, title VIII, § 802(a)], Dec. 21, 2000,
XI, § 1106(a), Aug. 1, 1968, 82 Stat. 567; Pub. L.             114 Stat. 2763, 2763A–681 to 2763A–684, 2763A–702;
90–495, § 31, Aug. 23, 1968, 82 Stat. 835; Pub. L.             Pub. L. 107–100, § 6(a), Dec. 21, 2001, 115 Stat. 970;
91–173, title V, § 504(a), (b), Dec. 30, 1969, 83 Stat.        Pub. L. 108–447, div. K, title I, §§ 101(a), 102,
802; Pub. L. 91–596, § 28(a), (b), Dec. 29, 1970, 84           103(a), 107(a), (b), Dec. 8, 2004, 118 Stat. 3442–3446;
Stat. 1618; Pub. L. 91–597, § 25(a), (b), Dec. 29, 1970,       Pub. L. 109–163, div. A, title VIII, § 845(a)(2), (c),
84 Stat. 1633, 1634; Pub. L. 92–385, §§ 1(a), 2(a),            Jan. 6, 2006, 119 Stat. 3390, 3391; Pub. L. 110–140,
Aug. 16, 1972, 86 Stat. 554, 555; Pub. L. 92–500,              title XII, §§ 1201, 1202, Dec. 19, 2007, 121 Stat. 1764,
§ 8(a), Oct. 18, 1972, 86 Stat. 898; Pub. L. 92–595,           1765; Pub. L. 110–186, title II, §§ 201(a), 203, 204,
§ 3(b), Oct. 27, 1972, 86 Stat. 1316; Pub. L. 93–237,          208, Feb. 14, 2008, 122 Stat. 627, 629, 631; Pub. L.
§§ 2(a), (b), 3(a), 5, 6, Jan. 2, 1974, 87 Stat. 1023,         110–234, title XII, §§ 12061, 12063(a), (c)(2), 12065,
1024; Pub. L. 93–386, §§ 2(a)(4), 3(2), 8, 9, 12, Aug.         12066(a),     12068(a),    (b)(2),    12070,    12074(a),
23, 1974, 88 Stat. 742, 746, 748, 749; Pub. L. 94–305,         12077–12078(b)(1), (c), 12081–12083(a), May 22, 2008,
title I, §§ 108(b), 109, 111, 112(c), (d), 114, June 4,        122 Stat. 1406, 1407, 1409–1411, 1414–1418; Pub. L.
1976, 90 Stat. 666, 667; Pub. L. 95–89, title I,               110–246, § 4(a), title XII, §§ 12061, 12063(a), (c)(2),
§ 101(d), (e), title III, §§ 301, 302, title IV, §§ 402–405,   12065, 12066(a), 12068(a), (b)(2), 12070, 12074(a),
Aug. 4, 1977, 91 Stat. 553, 558–560; Pub. L. 95–315,           12077–12078(b)(1), (c), 12081–12083(a), June 18, 2008,
§§ 2, 3, July 4, 1978, 92 Stat. 377, 378; Pub. L.              122 Stat. 1664, 2168, 2169, 2171–2173, 2176–2180; Pub.
95–507, title II, §§ 204, 205, 231, Oct. 24, 1978, 92          L. 111–240, title I, §§ 1111, 1113, 1131(a), 1133, 1135,
Stat. 1764, 1766, 1772; Pub. L. 95–510, § 104, Oct. 24,        1206(a)–(g), 1401(a), (c)(1), Sept. 27, 2010, 124 Stat.
1978, 92 Stat. 1782; Pub. L. 96–38, title I, § 101(a),         2507, 2508, 2512, 2514, 2520, 2530–2532, 2547, 2549;
(b), July 25, 1979, 93 Stat. 118; Pub. L. 96–302, title        Pub. L. 112–74, div. C, title V, § 531, Dec. 23, 2011,
I, §§ 119(a), (b), 122–124, title II, § 203, title V, § 505,   125 Stat. 922; Pub. L. 112–239, div. A, title XVI,
July 2, 1980, 94 Stat. 840, 841, 843, 848, 852; Pub. L.        § 1622(c), Jan. 2, 2013, 126 Stat. 2069; Pub. L.
96–481, title I, §§ 104, 106(a), 107, 112, Oct. 21, 1980,      113–128, title V, § 512(cc), July 22, 2014, 128 Stat.
94 Stat. 2322, 2323; Pub. L. 97–35, title XIX, §§ 1902,        1717; Pub. L. 114–38, §§ 2, 4(b), July 28, 2015, 129
1910–1912, 1913(a), (c), 1914, Aug. 13, 1981, 95 Stat.         Stat. 437, 438; Pub. L. 114–88, div. A, title I,
767, 778–780; Pub. L. 98–270, title III, §§ 301, 304,          §§ 1101–1104, div. B, title I, §§ 2101, 2102(a), (b),
308, 309, 311, Apr. 18, 1984, 98 Stat. 159–161; Pub. L.        2105–2107, 2109, title II, § 2201, title III, § 2301(a),
98–395, § 5, Aug. 21, 1984, 98 Stat. 1368; Pub. L.             Nov. 25, 2015, 129 Stat. 687–690, 692, 694, 695; Pub.
99–272, title XVIII, §§ 18006(a)(1), (2), 18007, 18013,        L. 114–92, div. A, title VIII, § 865(a)(2), Nov. 25,
Apr. 7, 1986, 100 Stat. 366, 370; Pub. L. 99–514, § 2,         2015, 129 Stat. 928; Pub. L. 115–141, div. E, title V,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–418, title          § 532, Mar. 23, 2018, 132 Stat. 581; Pub. L. 115–189,
VIII, §§ 8005, 8007(a), Aug. 23, 1988, 102 Stat. 1557,         § 4(a)(2), June 21, 2018, 132 Stat. 1497; Pub. L.
1559; Pub. L. 100–533, title III, § 302(a), Oct. 25,           115–232, div. A, title VIII, §§ 853(b), 861(c),
1988, 102 Stat. 2693; Pub. L. 100–590, title I,                862(b)(1), (f), Aug. 13, 2018, 132 Stat. 1885, 1896,
§§ 102(a), 103, 111(c), 119(a), 120–122, Nov. 3, 1988,         1897, 1900; Pub. L. 115–370, § 2, Dec. 21, 2018, 132
102 Stat. 2992, 2995, 2999, 3000; Pub. L. 100–656,             Stat. 5105; Pub. L. 116–92, div. A, title VIII,
title II, §§ 201(a), 202, 203, 205, 206, 208, title III,       § 877(a), Dec. 20, 2019, 133 Stat. 1529; Pub. L.
§§ 301–303(a), title IV, § 408, title V, § 505(h), Nov.        116–136, div. A, title I, §§ 1102(a), (c), (d), 1110(f),
15, 1988, 102 Stat. 3856, 3858, 3859, 3861, 3862,
                                                               Mar. 27, 2020, 134 Stat. 286, 294, 308; Pub. L.
3865–3868, 3877, 3887; Pub. L. 100–707, title I,
                                                               116–139, div. A, § 101(d), Apr. 24, 2020, 134 Stat. 621;
§ 109(f), Nov. 23, 1988, 102 Stat. 4708; Pub. L.
                                                               Pub. L. 116–142, §§ 2(a), 3(a), (c), June 5, 2020, 134
101–37, §§ 4–6(a), 7(a), 8–10(b), June 15, 1989, 103
                                                               Stat. 641, 642; Pub. L. 116–260, div. N, title III,
Stat. 70–73; Pub. L. 101–162, title V, (1), (2), Nov.
                                                               §§ 304(a), (b)(1)(C)(ii), 308(a), 310(a)(1), (b), 311(a),
21, 1989, 103 Stat. 1024, 1025; Pub. L. 101–574, title
                                                               313(a), 315(a), 316–319, 326, 329(a), 334, 335(a),
II, §§ 202, 204(a), 206, 242, 245, title III, § 307, Nov.
                                                               336(a), 337(a), 338(a), 339(b), 340(a), (b)(1),
15, 1990, 104 Stat. 2818–2820, 2827, 2830; Pub. L.
                                                               341–343(a), 344, Dec. 27, 2020, 134 Stat. 1993, 1994,
102–140, title VI, § 609(b), (h), Oct. 28, 1991, 105
                                                               2000, 2001, 2008, 2011–2015, 2036, 2037, 2041, 2042,
Stat. 825, 827; Pub. L. 102–191, § 4, Dec. 5, 1991, 105
                                                               2047, 2048, 2049–2051; Pub. L. 116–283, div. A, title
Stat. 1591; Pub. L. 102–366, title I, §§ 104, 113(a),
                                                               VIII, § 866(b), Jan. 1, 2021, 134 Stat. 3785; Pub. L.
title II, § 211, Sept. 4, 1992, 106 Stat. 988, 989, 997;
                                                               117–2, title V, § 5001(a), (b), (c)(2), Mar. 11, 2021,
Pub. L. 102–564, title III, § 307(b), (c), Oct. 28, 1992,
                                                               135 Stat. 81–84; Pub. L. 117–6, § 2(a), Mar. 30, 2021,
106 Stat. 4263, 4264; Pub. L. 103–81, §§ 4, 5(a), 8,
                                                               135 Stat. 250; Pub. L. 117–165, § 2(a), Aug. 5, 2022,
Aug. 13, 1993, 107 Stat. 781, 782; Pub. L. 103–403,
                                                               136 Stat. 1363; Pub. L. 117–166, § 2, Aug. 5, 2022, 136
title II, §§ 201, 202, 204–208(b), 209–211, title VI,
                                                               Stat. 1365; Pub. L. 117–249, § 2(a), Dec. 20, 2022, 136
§§ 603–605(a), Oct. 22, 1994, 108 Stat. 4180–4183, 4202,
                                                               Stat. 2350.)
4203; Pub. L. 104–36, §§ 2–4(a), 5, Oct. 12, 1995, 109
Stat. 295–297; Pub. L. 104–208, div. D, title I,                                    Editorial Notes
§§ 103(a)–(d), (f), 105, 107, 111, Sept. 30, 1996, 110
Stat. 3009–726, 3009–727, 3009–731 to 3009–733; Pub.                             REFERENCES IN TEXT
L. 105–135, title II, §§ 201, 202(a), 231, title VII,             Subsections (b) and (c) of section 631 of this title, re-
§ 706, Dec. 2, 1997, 111 Stat. 2597, 2598, 2606, 2637;         ferred to in subsecs. (a)(11) and (i)(1), were redesignated
Pub. L. 105–277, div. A, § 101(f) [title VIII,                 subsections (c) and (d), respectively, and a new sub-
§ 405(d)(10), (f)(9)], Oct. 21, 1998, 112 Stat. 2681–337,      section (b) was added by Pub. L. 100–418, title VIII,
2681–420, 2681–430; Pub. L. 106–8, § 3(a), (c), Apr. 2,        § 8002, Aug. 23, 1988, 102 Stat. 1553.
                                                                  The Small Business Investment Act of 1958, referred
1999, 113 Stat. 13, 16; Pub. L. 106–22, §§ 2, 3, Apr.          to in subsecs. (a)(13), (36)(A)(xi)(III) and (j)(10)(A)(vi),
27, 1999, 113 Stat. 36, 37; Pub. L. 106–24, § 1(a), Apr.       (13)(D)(i), is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689.
27, 1999, 113 Stat. 39; Pub. L. 106–50, title IV,              Title IV, part B of title IV, and title V of the Act are
§§ 401(b), 402(a), (b), 403, 404, Aug. 17, 1999, 113           classified generally to subchapter IV–A (§ 692 et seq.),
Stat. 244–246; Pub. L. 106–554, § 1(a)(9) [title II,           part B (§ 694a et seq.) of subchapter IV–A, and sub-
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                  Page 850

chapter V (§ 695 et seq.), respectively, of chapter 14B of        to in subsec. (c)(10), is the date of enactment of subtitle
this title. For complete classification of this Act to the        B (§§ 12051–12091) of title XII of Pub. L. 110–246, which
Code, see Short Title note set out under section 661 of           was approved June 18, 2008.
this title and Tables.                                               Reorganization Plan Numbered 2 of 1954, referred to
   The Trade Act of 1974, referred to in subsec. (a)(16)(E),      in subsec. (d)(1), is set out in the Appendix to Title 5,
is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 3 of      Government Organization and Employees.
title II of the Act is classified generally to part 3 (§ 2341        Reorganization Plan Numbered 1 of 1957, referred to
et seq.) of subchapter II of chapter 12 of Title 19, Cus-         in subsec. (d)(1), is set out in the Appendix to Title 5.
toms Duties. For complete classification of this Act to              The Economic Opportunity Act of 1964, referred to in
the Code, see section 2101 of Title 19 and Tables.                subsec. (i)(3), is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508.
   Section 7002(b) of the Families First Coronavirus Re-          Title III of the Act was classified generally to sub-
sponse Act, referred to in subsec. (a)(36)(A)(v), is sec-         chapter III (§ 2841 et seq.) of chapter 34 of Title 42, The
tion 7002(b) of Pub. L. 116–127, which is set out in a note       Public Health and Welfare, prior to its repeal by Pub.
under section 1401 of Title 26, Internal Revenue Code.            L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For
   Section 7001 of the Families First Coronavirus Re-             complete classification of this Act to the Code, see Ta-
sponse Act, referred to in subsec. (a)(36)(A)(viii)(II)(dd),      bles.
is section 7001 of Pub. L. 116–127, which is set out as a            The Public Works and Economic Development Act of
note under section 3111 of Title 26, Internal Revenue             1965, referred to in subsec. (i)(5)(D), is Pub. L. 89–136,
Code.                                                             Aug. 26, 1965, 79 Stat. 552, which is classified generally
   Section 7003 of the Families First Coronavirus Re-             to chapter 38 (§ 3121 et seq.) of Title 42. For complete
sponse Act, referred to in subsec. (a)(36)(A)(viii)(II)(ee),      classification of this Act to the Code, see Short Title
is section 7003 of Pub. L. 116–127, which is set out as a         note set out under section 3121 of Title 42 and Tables.
note under section 3111 of Title 26, Internal Revenue                Section 602(b) of Public Law 100–656, the ‘‘Business
Code.                                                             Opportunity Development Reform Act of 1988’’, referred
   Section 308 of the Financial Institutions Reform, Re-          to in subsec. (j)(10)(J)(ii)(III), is set out as a note under
covery, and Enforcement Act of 1989, referred to in sub-          section 637 of this title.
sec. (a)(36)(A)(xi)(II), is section 308 of Pub. L. 101–73,           Section 35(a) of title 41, referred to in subsec.
which is set out as a note under section 1463 of Title 12,        (j)(13)(C), was struck out and former section 35(b) of
Banks and Banking.                                                title 41 redesignated section 35(a) by Pub. L. 103–355,
   The Communications Act of 1934, referred to in sub-            title VII, § 7201(1), Oct. 13, 1994, 108 Stat. 3378. Section 35
sec. (a)(36)(D)(iii)(II)(aa), (IV)(aa), is act June 19, 1934,     of title 41 was subsequently repealed and restated as
ch. 652, 48 Stat. 1064. Title III of the Act is classified        sections 6501(1) and 6502 of Title 41, Public Contracts,
generally to subchapter III (§ 301 et seq.) of chapter 5 of       by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677,
Title 47, Telecommunications. For complete classifica-            3855. For disposition of sections of former Title 41, see
tion of this Act to the Code, see section 609 of Title 47         Disposition Table preceding section 101 of Title 41.
and Tables.                                                          The Workforce Innovation and Opportunity Act, re-
   The Federal Deposit Insurance Act, referred to in              ferred to in subsec. (j)(13)(E), is Pub. L. 113–128, July 22,
subsec. (a)(36)(O)(ii), is act Sept. 21, 1950, ch. 967, § 2, 64   2014, 128 Stat. 1425. Title I of the Act is classified gen-
Stat. 873, which is classified generally to chapter 16            erally to subchapter I (§ 3111 et seq.) of chapter 32 of
(§ 1811 et seq.) of Title 12, Banks and Banking. For com-         Title 29, Labor. For complete classification of this Act
plete classification of this Act to the Code, see Short           to the Code, see Short Title note set out under section
Title note set out under section 1811 of Title 12 and Ta-         3101 of Title 29 and Tables.
bles.                                                                The Social Security Act, referred to in subsec.
   Section 9009a of this title and such section 9009a, re-        (m)(1)(A)(iv), (4)(F)(iii)(II)(aa), is act Aug. 14, 1935, ch.
ferred to in subsec. (a)(36)(U), (37)(A)(iv)(III)(ee), were       531, 49 Stat. 620. Part A of title IV of the Act is classi-
in the original ‘‘section 24 of the Economic Aid to               fied generally to part A (§ 601 et seq.) of subchapter IV
Hard-Hit Small Businesses, Nonprofits, and Venues                 of chapter 7 of Title 42, The Public Health and Welfare.
Act’’ and ‘‘such section 24’’, respectively. The named            For complete classification of this Act to the Code, see
Act was enacted as title III of div. N of Pub. L. 116–260,        section 1305 of Title 42 and Tables.
and section 324 of such title III, which defines ‘‘eligible          Paragraph (10), referred to in subsec. (m)(2)(A), was
person or entity’’ for purposes of that section, is classi-       redesignated paragraph (11) by Pub. L. 102–366, title I,
fied to section 9009a of this title.                              § 113(a)(8), Sept. 4, 1992, 106 Stat. 992.
   Section 2301 of the CARES Act, referred to in subsec.             Section 202(b) of the Small Business Reauthorization
(a)(37)(J)(iii)(I)(aa), is section 2301 of Pub. L. 116–136,       Act of 1997, referred to in subsec. (m)(4)(F)(i), is section
which is set out as a note under section 3111 of Title 26,        202(b) of Pub. L. 105–135, which is set out as a note
Internal Revenue Code.                                            below.
   Section 303 of the Taxpayer Certainty and Disaster                The Child Care and Development Block Grant Act of
Relief     Act     of   2020,   referred    to   in   subsec.     1990, referred to in subsec. (m)(4)(F)(iii)(II)(aa), is sub-
(a)(37)(J)(iii)(I)(bb), is section 303 of of div. EE of Pub.      chapter C (§ 658A et seq.) of chapter 8 of subtitle A of
L. 116–260, title III, Dec. 27, 2020, 134 Stat. 3075. Subsec.     title VI of Pub. L. 97–35, as added by Pub. L. 101–508,
(a) of section 303 is not classified to the Code. Subsec.         title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is
(d) of section 303 amended provisions set out as notes            classified generally to subchapter II–B (§ 9857 et seq.) of
under section 3111 of Title 26, Internal Revenue Code,            chapter 105 of Title 42, The Public Health and Welfare.
and is otherwise not classified to the Code. For com-             For complete classification of this Act to the Code, see
plete classification of section 303 to the Code, see Ta-          section 9857(a) of Title 42 and Tables.
bles.                                                                                     CODIFICATION
   The Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act, referred to in subsec. (b), is Pub.            September 30, 1996, referred to in subsec. (a)(25)(C),
L. 93–288, May 22, 1974, 88 Stat. 143, formerly known as          was in the original ‘‘the date of enactment of this sub-
the Disaster Relief and Emergency Assistance Act,                 section’’ which was translated as meaning the date of
which is classified principally to chapter 68 (§ 5121 et          enactment of Pub. L. 104–208, which enacted par. (25) of
seq.) of Title 42, The Public Health and Welfare. For             subsec. (a), to reflect the probable intent of Congress.
complete classification of this Act to the Code, see                 In subsec. (d)(3), ‘‘August 13, 1981’’ substituted for
Short Title note set out under section 5121 of Title 42           ‘‘the effective date of this Act’’, such words having
and Tables.                                                       been inserted in place of ‘‘to October 1, 1983’’ by section
   Section 231 of the Disaster Relief Act of 1970 [15             1914 of Pub. L. 97–35. ‘‘This Act’’ probably meant the
U.S.C. 636a], referred to in penultimate par. of subsec.          Small Business Budget Reconciliation and Loan Con-
(b), was repealed by Pub. L. 97–35, title XIX, § 1917, Aug.       solidation/Improvement Act of 1981 (title XIX of Pub.
13, 1981, 95 Stat. 781.                                           L. 97–35) rather than the Small Business Act (Pub. L.
   The date of enactment of the Small Business Disaster           85–536). See Effective Date of 1981 Amendment note set
Response and Loan Improvements Act of 2008, referred              out under section 631 of this title.
Page 851                                TITLE 15—COMMERCE AND TRADE                                                           § 636

  In subsec. (j)(11)(B)(i), as enacted by the amendments           clause (IV) or (V) of clause (iv), clause (vii), or clause
made by Pub. L. 101–37, ‘‘August 15, 1989’’ substituted            (ix)’’ for ‘‘clause (iii)(II), (iv)(IV), or (vii)’’.
for ‘‘the effective date of this subparagraph’’ and ‘‘such             Subsec.       (a)(36)(D)(viii)(II).    Pub.      L.     117–2,
effective date’’. Section 32 of Pub. L. 101–37 provided            § 5001(b)(1)(D), substituted ‘‘business concern made eli-
that the amendments made by Pub. L. 101–37 shall                   gible by subclause (II) or (IV) of clause (iii) or sub-
apply as if included in Pub. L. 100–656. Section                   clause (IV) or (V) of clause (iv) of this subparagraph’’
803(b)(1)(A) of Pub. L. 100–656 provided that the amend-           for ‘‘business concern made eligible by clause (iii)(II) or
ment made by section 201(a) thereof to subsec. (j)(11)             clause (iv)(IV) of this subparagraph’’ and inserted ‘‘or
shall take effect on June 1, 1989. Section 31 of Pub. L.           organization’’ after ‘‘business concern’’ in two places.
101–37 amended section 803(b) of Pub. L. 100–656 to make               Subsec. (a)(36)(D)(ix). Pub. L. 117–2, § 5001(a)(1)(B)(ii),
such amendments effective on August 15, 1989, in place             added cl. (ix).
of June 1, 1989. See 1988 and 1989 Effective Date of                   Subsec. (a)(37)(A)(i). Pub. L. 117–2, § 5001(a)(2), inserted
Amendment notes below.                                             ‘‘ ‘additional covered nonprofit entity’,’’ after ‘‘the
  ‘‘Sections 3131 and 3133 of title 40’’ substituted in sub-       terms’’.
sec. (j)(13)(D) for ‘‘the Act entitled ‘An Act requiring               Subsec. (a)(37)(A)(iv)(II). Pub. L. 117–2, § 5001(b)(2),
contracts for the construction, alteration and repair of           substituted ‘‘subclause (II), (III), or (IV) of clause (iii),
any public building or public work of the United States            subclause (IV) or (V) of clause (iv), clause (vii), or
to be accompanied by a performance bond protecting                 clause (ix)’’ for ‘‘clause (iii)(II), (iv)(IV), or (vii)’’.
the United States and by an additional bond for the                    Subsec. (a)(37)(J)(iii)(I)(cc). Pub. L. 117–2, § 5001(c)(2),
protection of persons furnishing material and labor for            added item (cc).
the construction, alteration, or repair of said public                 Subsec. (j)(13)(F)(iii)(I). Pub. L. 116–283, § 866(b)(1),
buildings or public works’, approved August 24, 1935 (49           substituted ‘‘means—’’ and items (aa) and (bb) for
Stat. 793)’’ on authority of Pub. L. 107–217, § 5(c), Aug.         ‘‘means the period beginning on August 13, 2018, and
21, 2002, 116 Stat. 1303, the first section of which enacted       ending on the date on which the Oversight Board estab-
Title 40, Public Buildings, Property, and Works.                   lished under section 2121 of title 48 terminates.’’
  In subsec. (k)(3), ‘‘section 1342 of title 31’’ substituted          Subsec. (j)(13)(F)(iii)(II). Pub. L. 116–283, § 866(b)(2), in-
for ‘‘section 3679(b) of the Revised Statutes (31 U.S.C.           serted ‘‘or a covered territory business’’ after ‘‘a Puer-
665(b))’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13,        to Rico business’’ and, in two places, substituted ‘‘ei-
1982, 96 Stat. 1067, the first section of which enacted            ther such business’’ for ‘‘the Puerto Rico business’’.
Title 31, Money and Finance.                                           2020—Subsec. (a)(2)(A). Pub. L. 116–260, § 326(a)(2),
  Section 3109 of title 5, referred to in subsec. (k)(4),          amended subpar. (A) generally. Prior to amendment,
substituted for ‘‘section 15 of the Administrative Ex-             text read as follows: ‘‘Except as provided in subpara-
penses Act of 1946 (5 U.S.C. 55a)’’ on authority of Pub.           graphs (B), (D), (E), and (F), in an agreement to partici-
L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first sec-     pate in a loan on a deferred basis under this subsection
tion of which enacted Title 5, Government Organization             (including a loan made under the Preferred Lenders
and Employees.                                                     Program or the Community Advantage Pilot Program
  Section 5703 of title 5, referred to in subsec. (k)(4),          of the Administration), such participation by the Ad-
substituted for ‘‘section 5 of such Act (5 U.S.C. 73b–2)’’         ministration shall be equal to 90 percent of the balance
on authority of section 7(b) of Pub. L. 89–554, Sept. 6,           of the financing outstanding at the time of disburse-
1966, 80 Stat. 631, section 1 of which enacted Title 5.            ment of the loan.’’
  Pub. L. 110–234 and Pub. L. 110–246 made identical                   Pub. L. 116–260, § 326(a)(1), substituted ‘‘the Preferred
amendments to this section. The amendments by Pub.                 Lenders Program or the Community Advantage Pilot
L. 110–234 were repealed by section 4(a) of Pub. L.                Program of the Administration), such participation by
110–246.                                                           the Administration shall be equal to 90 percent of the
                                                                   balance of the financing outstanding at the time of dis-
                     PRIOR PROVISIONS                              bursement of the loan.’’ for ‘‘the Preferred Lenders
  Provisions similar to those comprising subsec. (e) of            Program), such participation by the Administration
this section were contained in section 2(a) and (b) of             shall be equal to—
Pub. L. 87–550, July 25, 1962, 76 Stat. 221 (formerly clas-              ‘‘(i) 75 percent of the balance of the financing out-
sified to section 637a(a) and (b) of this title) prior to re-          standing at the time of disbursement of the loan, if
peal thereof by section 3(b) of Pub. L. 89–409.                        such balance exceeds $150,000; or
  Prior similar provisions were contained in section 207                 ‘‘(ii) 85 percent of the balance of the financing out-
of act July 30, 1953, ch. 282, title II, 67 Stat. 235, as              standing at the time of disbursement of the loan, if
amended by acts Aug. 9, 1955, ch. 628, §§ 2, 5, 69 Stat. 547;          such balance is less than or equal to $150,000.’’
Feb. 2, 1956, ch. 29, §§ 2, 3, 70 Stat. 10; Pub. L. 85–335, Feb.       Pub. L. 116–136, § 1102(a)(1)(A), substituted ‘‘(E), and
22, 1958, 72 Stat. 27, which was previously classified to          (F)’’ for ‘‘and (E)’’ in introductory provisions.
this section. See Codification note set out under sec-                 Subsec. (a)(2)(F). Pub. L. 116–136, § 1102(a)(1)(B), added
tion 631 of this title.                                            subpar. (F).
                                                                       Subsec. (a)(7). Pub. L. 116–260, § 334, designated exist-
                        AMENDMENTS                                 ing provisions as subpar. (A), inserted heading, sub-
   2022—Subsec. (a)(36)(W). Pub. L. 117–166, § 2(a), added         stituted ‘‘The Administrator’’ for ‘‘The Administra-
subpar. (W).                                                       tion’’, inserted ‘‘and interest’’ after ‘‘principal’’, and
   Subsec. (a)(37)(P). Pub. L. 117–166, § 2(b), added subpar.      added subpars. (B) and (C).
(P).                                                                   Subsec. (a)(31)(A)(iv). Pub. L. 116–260, § 326(b)(2)(B),
   Subsec. (b)(16). Pub. L. 117–249 added par. (16) relating       substituted ‘‘guarantee rate of not more than 50 per-
to disaster declaration in rural areas.                            cent.’’ for ‘‘guarantee rate—
   Pub. L. 117–165 added par. (16) relating to statute of                ‘‘(I) for a loan in an amount less than or equal to
limitations.                                                           $350,000, of not more than 75 percent; and
   2021—Subsec. (a)(36)(A)(iii). Pub. L. 117–6 substituted               ‘‘(II) for a loan in an amount greater than $350,000,
‘‘June 30, 2021’’ for ‘‘March 31, 2021’’.                              of not more than 50 percent.’’
   Subsec. (a)(36)(A)(xvii). Pub. L. 117–2, § 5001(a)(1)(A),           Pub. L. 116–260, § 326(b)(2)(A), substituted ‘‘with a
added cl. (xvii).                                                  guarantee rate—
   Subsec.      (a)(36)(D)(iii)(III).   Pub.      L.     117–2,          ‘‘(I) for a loan in an amount less than or equal to
§ 5001(a)(1)(B)(i), added subcl. (III).                                $350,000, of not more than 75 percent; and
   Subsec. (a)(36)(D)(iii)(IV). Pub. L. 117–2, § 5001(b)(1)(A),          ‘‘(II) for a loan in an amount greater than $350,000,
added subcl. (IV).                                                     of not more than 50 percent.’’
   Subsec. (a)(36)(D)(iv)(V). Pub. L. 117–2, § 5001(b)(1)(B),      for ‘‘with a guaranty rate of not more than 50 percent.’’
added subcl. (V).                                                      Subsec. (a)(31)(D). Pub. L. 116–136, § 1102(c)(2), as
   Subsec. (a)(36)(D)(v). Pub. L. 117–2, § 5001(b)(1)(C), sub-     amended by Pub. L. 116–260, § 326(b)(1), substituted
stituted ‘‘subclause (II), (III), or (IV) of clause (iii), sub-    ‘‘$500,000’’ for ‘‘$1,000,000’’.
§ 636                                    TITLE 15—COMMERCE AND TRADE                                                    Page 852

   Pub. L. 116–136, § 1102(c)(1), substituted ‘‘$1,000,000’’ for    ing, substituted ‘‘Subject to subclause (II), and not-
‘‘$350,000’’.                                                       withstanding’’ for ‘‘Notwithstanding’’, and added subcl.
   Subsec. (a)(31)(G)(ii), (iii). Pub. L. 116–136, § 1102(d), re-   (II).
designated cl. (iii) as (ii) and struck out former cl. (ii).           Pub. L. 116–260, § 342(2), added cl. (viii).
Prior to amendment, text read as follows: ‘‘If the Presi-              Subsec. (a)(36)(E). Pub. L. 116–260, § 313(a)(1), sub-
dent’s budget for the upcoming fiscal year, submitted               stituted ‘‘Except as provided in subparagraph (V), dur-
to Congress pursuant to section 1105(a) of title 31, in-            ing’’ for ‘‘During’’ in introductory provisions.
cludes a cost for the program established under this                   Subsec. (a)(36)(E)(i)(I)(aa)(AA). Pub. L. 116–260,
subsection that is above zero, the requirements of                  § 336(a), substituted ‘‘except that an applicant that is a
clause (i) shall not apply to loans made during such up-            seasonal employer shall use the average total monthly
coming fiscal year.’’                                               payments for payroll for any 12-week period selected by
   Subsec. (a)(36). Pub. L. 116–136, § 1102(a)(2), added par.       the seasonal employer between February 15, 2019, and
(36).                                                               February 15, 2020’’ for ‘‘except that, in the case of an
   Subsec. (a)(36)(A)(iii). Pub. L. 116–260, § 343(a), sub-         applicant that is seasonal employer, as determined by
stituted ‘‘March 31, 2021’’ for ‘‘December 31, 2020’’.              the Administrator, the average total monthly pay-
   Pub. L. 116–142, § 3(a), substituted ‘‘December 31, 2020’’       ments for payroll shall be for the 12-week period begin-
for ‘‘June 30, 2020’’.                                              ning February 15, 2019, or at the election of the eligible
   Subsec. (a)(36)(A)(viii)(I)(aa)(EE). Pub. L. 116–260,            recipient, March 1, 2019, and ending June 30, 2019’’.
§ 308(a), inserted ‘‘or group life, disability, vision, or             Subsec. (a)(36)(F)(i)(VIII) to (XI). Pub. L. 116–260,
dental insurance’’ before ‘‘benefits’’.                             § 304(a), added subcls. (VIII) to (XI).
   Subsec. (a)(36)(A)(viii)(I)(bb). Pub. L. 116–260, § 344(1),         Subsec. (a)(36)(F)(v). Pub. L. 116–260, § 337(a), sub-
substituted ‘‘on an annualized basis, as prorated for the           stituted ‘‘clause (i) or (iv)’’ for ‘‘clause (i)’’.
period during which the payments are made or the obli-                 Subsec. (a)(36)(F)(vi). Pub. L. 116–260, § 319, added cl.
gation to make the payments is incurred’’ for ‘‘in 1                (vi).
year, as prorated for the covered period’’.                            Subsec. (a)(36)(H). Pub. L. 116–260, § 338(a)(1), sub-
   Subsec. (a)(36)(A)(viii)(II)(aa). Pub. L. 116–260,               stituted ‘‘With’’ for ‘‘During the covered period, with’’
§ 344(2)(A), substituted ‘‘$100,000 on an annualized basis,         in introductory provisions.
as prorated for the period during which the compensa-                  Subsec. (a)(36)(J). Pub. L. 116–260, § 338(a)(2), sub-
tion is paid or the obligation to pay the compensation              stituted ‘‘With’’ for ‘‘During the covered period, with’’
is incurred’’ for ‘‘an annual salary of $100,000, as pro-           in introductory provisions.
rated for the covered period’’.                                        Subsec. (a)(36)(K). Pub. L. 116–260, § 304(b)(1)(C)(ii)(I),
   Subsec. (a)(36)(A)(viii)(II)(bb). Pub. L. 116–260,               substituted ‘‘section 636m’’ for ‘‘section 9005’’ in intro-
§ 344(2)(B), substituted ‘‘applicable period’’ for ‘‘covered        ductory provisions.
period’’.                                                              Subsec. (a)(36)(K)(ii). Pub. L. 116–142, § 2(a), inserted
   Subsec. (a)(36)(A)(x) to (xii). Pub. L. 116–139,                 ‘‘minimum maturity of 5 years and a’’ before ‘‘max-
§ 101(d)(1), added cls. (x) to (xii).                               imum maturity’’.
   Subsec. (a)(36)(A)(xiii). Pub. L. 116–260, § 315(a), added          Subsec. (a)(36)(L). Pub. L. 116–260, § 339(b), inserted
cl. (xiii).                                                         ‘‘, calculated on a non-compounding, non-adjustable
   Subsec. (a)(36)(A)(xiv). Pub. L. 116–260, § 316(1), added        basis’’ after ‘‘4 percent’’.
cl. (xiv).                                                             Subsec.         (a)(36)(M).     Pub.         L.      116–260,
   Subsec. (a)(36)(A)(xv). Pub. L. 116–260, § 318(1), added         § 304(b)(1)(C)(ii)(II)(aa), substituted ‘‘section 636m’’ for
cl. (xv).                                                           ‘‘section 9005’’ in two places.
   Subsec. (a)(36)(A)(xvi). Pub. L. 116–260, § 342(1), added           Subsec. (a)(36)(M)(ii). Pub. L. 116–260, § 338(a)(3)(A),
cl. (xvi).                                                          substituted ‘‘The’’ for ‘‘During the covered period, the’’
   Subsec. (a)(36)(D)(i). Pub. L. 116–260, § 316(2)(A), in-         in introductory provisions.
serted ‘‘housing cooperative,’’ before ‘‘veterans organi-              Subsec. (a)(36)(M)(ii)(II). Pub. L. 116–142, § 3(c)(1), sub-
zation,’’ wherever appearing.                                       stituted ‘‘, including payment of principal, interest,
   Subsec. (a)(36)(D)(ii)(II). Pub. L. 116–260, § 335(a), sub-      and fees, until the date on which the amount of forgive-
stituted ‘‘as determined necessary by the Adminis-                  ness determined under section 9005 of this title is re-
trator and the Secretary, to establish the applicant as             mitted to the lender.’’ for ‘‘for a period of not less than
eligible’’ for ‘‘as is necessary to establish such indi-            6 months, including payment of principal, interest, and
vidual as eligible, including payroll tax filings reported          fees, and not more than 1 year.’’
to the Internal Revenue Service, Forms 1099–MISC, and                  Subsec. (a)(36)(M)(iii). Pub. L. 116–260, § 338(a)(3)(B),
income and expenses from the sole proprietorship, as                substituted ‘‘With’’ for ‘‘During the covered period,
determined by the Administrator and the Secretary’’.                with’’.
   Subsec. (a)(36)(D)(iii). Pub. L. 116–260, § 317(a), des-            Pub. L. 116–142, § 3(c)(2), substituted ‘‘, including pay-
ignated existing provisions as subcl. (I), inserted head-           ment of principal, interest, and fees, until the date on
ing, and added subcl. (II).                                         which the amount of forgiveness determined under sec-
   Subsec. (a)(36)(D)(iv)(IV). Pub. L. 116–260, § 317(b),           tion 9005 of this title is remitted to the lender.’’ for
added subcl. (IV).                                                  ‘‘for a period of not less than 6 months, including pay-
   Subsec. (a)(36)(D)(v). Pub. L. 116–260, § 318(2)(A), in-         ment of principal, interest, and fees, and not more than
serted ‘‘or for purposes of determining the number of               1 year.’’
employees of a housing cooperative or a business con-                  Subsec.        (a)(36)(M)(v).      Pub.      L.      116–260,
cern or organization made eligible for a loan under this            § 304(b)(1)(C)(ii)(II)(bb), substituted ‘‘section 636m(a)’’
paragraph under clause (iii)(II), (iv)(IV), or (vii),’’ be-         for ‘‘section 9005(a)’’.
fore ‘‘the term ‘employee’ ’’.                                         Pub. L. 116–142, § 3(c)(3), added cl. (v).
   Subsec. (a)(36)(D)(vi). Pub. L. 116–260, § 318(2)(B), in-           Subsec. (a)(36)(P)(i). Pub. L. 116–260, § 340(a)(1), amend-
serted ‘‘a business concern or organization made eligi-             ed cl. (i) generally. Prior to amendment, text read as
ble for a loan under this paragraph under clause (vii),’’           follows: ‘‘The Administrator shall reimburse a lender
after ‘‘a nonprofit organization,’’.                                authorized to make a covered loan at a rate, based on
   Pub. L. 116–260, § 316(2)(B), which directed the inser-          the balance of the financing outstanding at the time of
tion of ‘‘, a housing cooperative,’’ before ‘‘a veterans            disbursement of the covered loan, of—
organization’’, was executed by making the insertion                     ‘‘(I) 5 percent for loans of not more than $350,000;
before ‘‘and a veterans organization’’ to reflect the                    ‘‘(II) 3 percent for loans of more than $350,000 and
probable intent of Congress.                                           less than $2,000,000; and
   Subsec. (a)(36)(D)(vii). Pub. L. 116–260, § 318(2)(C),                ‘‘(III) 1 percent for loans of not less than $2,000,000.’’
added cl. (vii).                                                       Subsec. (a)(36)(P)(ii). Pub. L. 116–260, § 340(b)(1), in-
   Subsec. (a)(36)(D)(viii). Pub. L. 116–260, § 317(c), in cl.      serted at end ‘‘If an eligible recipient has knowingly re-
(viii) added by section 342(2) of Pub. L. 116–260, des-             tained an agent, such fees shall be paid by the eligible
ignated existing provisions as subcl. (I), inserted head-           recipient and may not be paid out of the proceeds of a
Page 853                                TITLE 15—COMMERCE AND TRADE                                                         § 636

covered loan. A lender shall only be responsible for pay-             Subsec. (b)(3)(B). Pub. L. 116–92, § 877(a)(1)(B), sub-
ing fees to an agent for services for which the lender di-         stituted ‘‘being ordered to perform active service for a
rectly contracts with the agent.’’                                 period of more than 30 consecutive days’’ for ‘‘being or-
   Subsec. (a)(36)(P)(iii). Pub. L. 116–260, § 340(a)(2),          dered to active military duty during a period of mili-
amended cl. (iii) generally. Prior to amendment, text              tary conflict’’.
read as follows: ‘‘A reimbursement described in clause                Subsec. (b)(3)(C). Pub. L. 116–92, § 877(a)(1)(C), sub-
(i) shall be made not later than 5 days after the dis-             stituted ‘‘active service’’ for ‘‘active duty’’ in two
bursement of the covered loan.’’                                   places.
   Subsec. (a)(36)(Q). Pub. L. 116–260, § 341, which di-              Subsec. (b)(3)(G)(ii)(II). Pub. L. 116–92, § 877(a)(1)(D),
rected striking out ‘‘during the period beginning on               substituted ‘‘active service’’ for ‘‘active duty’’.
January 31, 2020, and ending on the date on which cov-                Subsec. (n). Pub. L. 116–92, § 877(a)(2), substituted ‘‘ac-
ered loans are made available’’, which appeared after              tive service’’ for ‘‘active duty’’ in heading and in two
‘‘loan made under subsection (b)(2)’’, was executed by             places in each of pars. (1)(D) and (2)(B), and in par. (1),
striking out text containing ‘‘2020 and’’ instead of               added subpar. (A), redesignated former subpars. (A) and
‘‘2020, and’’, to reflect the probable intent of Congress.         (B) as (B) and (C), respectively, substituted ‘‘ordered to
   Subsec. (a)(36)(S). Pub. L. 116–139, § 101(d)(2), added         perform active service for a period of more than 30 con-
subpar. (S).                                                       secutive days’’ for ‘‘ordered to active duty during a pe-
   Subsec. (a)(36)(T). Pub. L. 116–260, § 310(a)(1), added         riod of military conflict’’ in subpar. (B) as redesig-
subpar. (T).                                                       nated, and struck out former subpar. (C) which defined
   Subsec. (a)(36)(U). Pub. L. 116–260, § 310(b), added sub-       the term ‘‘period of military conflict’’.
par. (U).                                                             2018—Subsec. (a)(1)(A)(i). Pub. L. 115–189 inserted
   Subsec. (a)(36)(V). Pub. L. 116–260, § 313(a)(2), added         ‘‘The Administrator has the authority to direct, and
subpar. (V).                                                       conduct oversight for, the methods by which lenders
   Subsec. (a)(37). Pub. L. 116–260, § 311(a), added par. (37).    determine whether a borrower is able to obtain credit
   Subsec. (b)(2). Pub. L. 116–136, § 1110(f)(7), inserted         elsewhere.’’ before ‘‘No financial assistance’’.
‘‘: Provided further, That for purposes of subparagraph               Subsec. (a)(15)(A). Pub. L. 115–232, § 862(b)(1)(A)(i), sub-
(D), the Administrator shall deem that such an emer-               stituted ‘‘this subsection—’’ for ‘‘this subsection’’, in-
gency affects each State or subdivision thereof (includ-           serted cl. (i) designation before ‘‘to qualified employee
ing counties), and that each State or subdivision has              trusts’’ and ‘‘, and for any transaction costs associated
sufficient economic damage to small business concerns              with purchasing,’’ after ‘‘purchasing’’, substituted
to qualify for assistance under this paragraph and the             ‘‘; and’’ for period at end, and added cl. (ii).
Administrator shall accept applications for such assist-              Subsec. (a)(15)(B). Pub. L. 115–232, § 862(b)(1)(A)(ii)(I),
ance immediately’’ before period at end of concluding              inserted ‘‘or by the small business concern’’ after ‘‘the
provisions.                                                        trustee of such trust’’ in introductory provisions.
   Subsec. (b)(2)(D). Pub. L. 116–136, § 1110(f)(1)–(3), (5),         Subsec.       (a)(15)(B)(iv).      Pub.      L.     115–232,
added subpar. (D). Former subpar. (D) redesignated (E).            § 862(b)(1)(A)(ii)(II)–(IV), added cl. (iv).
   Subsec. (b)(2)(E). Pub. L. 116–136, § 1110(f)(4), (6), redes-      Subsec. (a)(15)(E). Pub. L. 115–232, § 862(f), substituted
ignated subpar. (D) as (E) and substituted ‘‘(C), or (D)’’         ‘‘Administration, which shall include—’’ for ‘‘Adminis-
for ‘‘or (C)’’; ‘‘disaster or emergency declaration’’ for          tration.’’ and added cls. (i) to (iii).
‘‘disaster declaration’’ in two places; ‘‘disaster or emer-           Subsec.      (a)(15)(F),      (G).   Pub.     L.    115–232,
gency has occurred’’ for ‘‘disaster has occurred’’; ‘‘such         § 862(b)(1)(A)(iii), added subpars. (F) and (G).
disaster or emergency’’ for ‘‘such disaster’’; and                    Subsec. (a)(29). Pub. L. 115–370 redesignated introduc-
‘‘disaster- or emergency-stricken’’ for ‘‘disaster strick-         tory provisions as subpar. (A) and inserted heading, re-
en’’.                                                              designated former subpars. (A) and (B) as cls. (i) and
   Subsec. (m)(3)(C). Pub. L. 116–260, § 329(a)(2), sub-           (ii), respectively, of subpar. (A) and realigned margins,
stituted ‘‘$7,000,000’’ for ‘‘$10,000,000’’ and ‘‘$3,000,000’’     in cl. (i), substituted ‘‘, if such loan is in an amount
for ‘‘$4,500,000’’.                                                greater than the Federal banking regulator appraisal
   Pub. L. 116–260, § 329(a)(1)(A), substituted ‘‘$10,000,000      threshold’’ for ‘‘for more than $250,000’’, in cl. (ii), sub-
(in the aggregate)’’ for ‘‘and $6,000,000’’ and inserted be-       stituted ‘‘, if such loan is in an amount equal to or less
fore period at end ‘‘, and $4,500,000 in any of those re-          than the Federal banking regulator appraisal thresh-
maining years’’.                                                   old’’ for ‘‘$250,000 or less’’, and added subpar. (B).
   Subsec. (m)(4)(A). Pub. L. 116–260, § 329(a)(1)(B)(i), sub-        Subsec. (a)(35). Pub. L. 115–232, § 862(b)(1)(B), added
stituted ‘‘subparagraphs (C) and (G)’’ for ‘‘subparagraph          par. (35).
(C)’’ in two places.                                                  Subsec. (j)(13)(F)(iii). Pub. L. 115–232, § 861(c), added
   Subsec. (m)(4)(C)(i). Pub. L. 116–260, § 329(a)(1)(B)(ii),      cl. (iii).
amended cl. (i) generally. Prior to amendment, text                   Subsec. (m)(3)(C). Pub. L. 115–232, § 853(b), substituted
read as follows: ‘‘Each intermediary that has a port-              ‘‘$6,000,000’’ for ‘‘$5,000,000’’.
folio of loans made under this subsection that averages               Subsec. (m)(4)(E). Pub. L. 115–141 substituted ‘‘50 per-
not more than $10,000 during the period of the                     cent’’ for ‘‘25 percent’’ in cls. (i) and (ii).
intermediary’s participation in the program shall be el-              2015—Subsec. (a)(1)(A). Pub. L. 114–38, § 4(b)(1), des-
igible to receive a grant equal to 5 percent of the total          ignated existing provisions as cl. (i), inserted cl. (i)
outstanding balance of loans made to the intermediary              heading, and added cl. (ii)
under this subsection, in addition to grants made under               Subsec. (a)(1)(C). Pub. L. 114–38, § 4(b)(2), added sub-
subparagraph (A).’’                                                par. (C).
   Subsec. (m)(4)(G). Pub. L. 116–260, § 329(a)(1)(B)(iii),           Subsec. (a)(31)(A). Pub. L. 114–88, § 2106(1), added cl. (i)
added subpar. (G).                                                 and redesignated former cls. (i) to (iii) as (ii) to (iv), re-
   Subsec. (m)(11)(C)(ii). Pub. L. 116–260, § 329(a)(1)(C)(i),     spectively.
which directed amendment of cl. (ii) by striking all                  Subsec. (a)(31)(G). Pub. L. 114–38, § 2, added subpar.
after the semicolon and inserting ‘‘and’’, could not be            (G).
executed because a semicolon did not appear.                          Subsec. (a)(31)(H). Pub. L. 114–88, § 2106(2), added sub-
   Subsec. (m)(11)(D). Pub. L. 116–260, § 329(a)(1)(C)(ii),        par. (H).
which directed amendment of par. (11) ‘‘by striking all               Subsec. (b)(1)(A). Pub. L. 114–88, § 1102, substituted
after subparagraph (C) and inserting’’ subpar. (D), was            ‘‘mitigating measures, including—’’ and text of cls. (i)
executed by adding subpar. (D) after subpar. (C), to re-           to (iii) for ‘‘mitigating measures, including, but not
flect the probable intent of Congress.                             limited to, construction of retaining walls and sea
   2019—Subsec. (b)(3)(A)(i), (ii). Pub. L. 116–92,                walls, grading and contouring land, relocating utilities
§ 877(a)(1)(A), added cl. (i), redesignated former cl. (i) as      and modifying structures’’.
(ii) and inserted ‘‘and’’ at end, and struck out former               Subsec. (b)(10). Pub. L. 114–88, § 1103, added par. (10).
cl. (ii) which defined the term ‘‘period of military con-             Subsec. (b)(11). Pub. L. 114–88, § 1104, added par. (11).
flict’’.                                                              Subsec. (b)(12). Pub. L. 114–88, § 2101, added par. (12).
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                  Page 854

   Subsec. (b)(13). Pub. L. 114–88, § 2107, added par. (13).         Subsec. (a)(2)(E). Pub. L. 111–240, § 1206(a)(2)(C), added
   Subsec. (b)(14). Pub. L. 114–88, § 2201, added par. (14).      subpar. (E).
   Subsec. (b)(15). Pub. L. 114–88, § 2301(a), added par. (15).      Subsec. (a)(3)(A). Pub. L. 111–240, § 1111(b)(2), sub-
   Subsec. (d)(6). Pub. L. 114–88, § 2109, inserted               stituted ‘‘$3,750,000’’ for ‘‘$4,500,000’’.
‘‘: Provided further, That the Administrator, in obtain-             Pub. L. 111–240, § 1111(a)(2), substituted ‘‘$4,500,000 (or
ing the best available collateral for a loan of not more          if the gross loan amount would exceed $5,000,000’’ for
than $200,000 under paragraph (1) or (2) of subsection (b)        ‘‘$1,500,000 (or if the gross loan amount would exceed
relating to damage to or destruction of the property of,          $2,000,000’’.
or economic injury to, a small business concern, shall               Subsec. (a)(3)(B). Pub. L. 111–240, § 1206(a)(1), sub-
not require the owner of the small business concern to            stituted ‘‘$4,500,000 (or if the gross loan amount would
use the primary residence of the owner as collateral if           exceed $5,000,000), of which not more than $4,000,000’’ for
the Administrator determines that the owner has other             ‘‘$1,750,000, of which not more than $1,250,000’’.
assets of equal quality and with a value equal to or                 Subsec. (a)(14). Pub. L. 111–240, § 1206(d)(2), inserted
greater than the amount of the loan that could be used            par. (14) and subpar. (A) headings, substituted ‘‘The Ad-
as collateral for the loan: Provided further, That noth-          ministrator’’ for ‘‘The Administration’’ in subpar. (A),
ing in the preceding proviso may be construed to re-              added subpar. (B), redesignated former subpars. (B) and
duce the amount of collateral required by the Adminis-            (C) as (C) and (D), respectively, and inserted headings,
trator in connection with a loan described in the pre-            and substituted ‘‘The Administrator’’ for ‘‘The Admin-
ceding proviso or to modify the standards used to                 istration’’ in subpar. (D) as redesignated.
evaluate the quality (rather than the type) of such col-             Subsec. (a)(16)(A). Pub. L. 111–240, § 1206(b)(1), struck
lateral’’ after ‘‘which are made under paragraph (1) of           out ‘‘in’’ before dash at end of introductory provisions.
subsection (b)’’.                                                    Subsec. (a)(16)(A)(i). Pub. L. 111–240, § 1206(b)(2), in-
   Pub. L. 114–88, § 2102(b), substituted ‘‘$14,000’’ for         serted ‘‘in’’ after cl. (i) designation and struck out ‘‘or’’
‘‘$25,000’’ and ‘‘in the event of a major disaster’’ for ‘‘in     at end.
the event of a disaster’’.                                           Subsec. (a)(16)(A)(ii). Pub. L. 111–240, § 1206(b)(3), in-
   Pub. L. 114–88, § 2102(a), substituted ‘‘$25,000’’ for         serted ‘‘in’’ after cl. (ii) designation and substituted
‘‘$14,000’’ and ‘‘in the event of a disaster’’ for ‘‘in the       ‘‘, including any debt that qualifies for refinancing
event of a major disaster’’.                                      under any other provision of this subsection; or’’ for pe-
   Subsec. (d)(8). Pub. L. 114–88, § 1101, added par. (8).        riod at end.
   Subsec. (j)(10)(D)(i). Pub. L. 114–92 struck out ‘‘The            Subsec. (a)(16)(A)(iii). Pub. L. 111–240, § 1206(b)(4),
Business Opportunity Specialist shall have a Level I              added cl. (iii).
Federal Acquisition Certification in Contracting (or                 Subsec. (a)(16)(B). Pub. L. 111–240, § 1206(c), designated
any successor certification) or the equivalent Depart-            existing provisions as cl. (i), inserted cl. (i) heading,
ment of Defense certification, except that a Business             substituted ‘‘Except as provided in clause (ii), each
Opportunity Specialist serving at the time of the date            loan’’ for ‘‘Each loan’’, and added cl. (ii).
of enactment of the National Defense Authorization                   Subsec. (a)(16)(F). Pub. L. 111–240, § 1206(g), added sub-
Act for Fiscal Year 2013 may continue to serve as a               par. (F).
                                                                     Subsec. (a)(31)(D). Pub. L. 111–240, § 1135(b), sub-
Business Opportunity Specialist for a period of 5 years
                                                                  stituted ‘‘$350,000’’ for ‘‘$1,000,000’’.
beginning on that date of enactment without such a
                                                                     Pub. L. 111–240, § 1135(a), substituted ‘‘$1,000,000’’ for
certification.’’ after ‘‘to assist such Program Partici-
                                                                  ‘‘$350,000’’.
pant.’’                                                              Subsec. (a)(32), (33). Pub. L. 111–240, § 1133(a)(1), redes-
   Subsec. (j)(13)(F). Pub. L. 114–88, § 2105, designated ex-     ignated par. (32), relating to increased veteran partici-
isting provisions as cl. (i) and added cl. (ii).                  pation program, as (33).
   2014—Subsec. (j)(13)(E). Pub. L. 113–128 substituted              Subsec. (a)(34). Pub. L. 111–240, § 1133(b), redesignated
‘‘an institution eligible to provide skills training or up-       par. (35) as (34) and struck out former par. (34) which re-
grading under title I of the Workforce Innovation and             lated to floor plan financing program.
Opportunity Act’’ for ‘‘an institution eligible to pro-              Pub. L. 111–240, § 1133(a)(2), added par. (34).
vide skills training or upgrading under title I of the               Subsec. (a)(35). Pub. L. 111–240, § 1206(f), added par.
Workforce Investment Act of 1998’’.                               (35).
   2013—Subsec. (j)(10)(D)(i). Pub. L. 112–239 inserted              Pub. L. 111–240, § 1133(b)(2), redesignated par. (35) as
‘‘The Business Opportunity Specialist shall have a                (34).
Level I Federal Acquisition Certification in Con-                    Subsec. (l). Pub. L. 111–240, § 1131(a), added subsec. (l)
tracting (or any successor certification) or the equiva-          and struck out former subsec. (l) which read ‘‘[RE-
lent Department of Defense certification, except that a           SERVED]’’.
Business Opportunity Specialist serving at the time of               Subsec. (m)(1)(B)(iii). Pub. L. 111–240, § 1113(1), sub-
the date of enactment of the National Defense Author-             stituted ‘‘$50,000’’ for ‘‘$35,000’’.
ization Act for Fiscal Year 2013 may continue to serve               Subsec. (m)(3)(B). Pub. L. 111–240, § 1401(c)(1)(A),
as a Business Opportunity Specialist for a period of 5            struck out cl. (i) designation and heading, substituted
years beginning on that date of enactment without                 ‘‘As’’ for ‘‘Subject to clause (ii), as’’, and struck out cl.
such a certification.’’ after ‘‘to assist such Program            (ii) relating to waiver of non-Federal share.
Participant.’’                                                       Pub. L. 111–240, § 1401(a)(1), designated existing provi-
   2011—Subsec. (d)(5)(D). Pub. L. 112–74 substituted ‘‘7         sions as cl. (i) and inserted cl. (i) heading, substituted
years’’ for ‘‘three years’’.                                      ‘‘Subject to clause (ii), as a condition’’ for ‘‘As a condi-
   2010—Subsec. (a)(2)(A). Pub. L. 111–240, § 1206(a)(2)(A),      tion’’ and ‘‘the Administrator’’ for ‘‘the Administra-
substituted ‘‘subparagraphs (B), (D), and (E)’’ for ‘‘sub-        tion’’, and added cl. (ii).
paragraph (B)’’ in introductory provisions.                          Subsec. (m)(3)(C). Pub. L. 111–240, § 1113(2)(A), sub-
   Subsec. (a)(2)(A)(i). Pub. L. 111–240, § 1111(b)(1)(A), sub-   stituted ‘‘$5,000,000’’ for ‘‘$3,500,000’’.
stituted ‘‘75 percent’’ for ‘‘90 percent’’.                          Subsec. (m)(3)(E). Pub. L. 111–240, § 1113(2)(B), sub-
   Pub. L. 111–240, § 1111(a)(1)(A), substituted ‘‘90 per-        stituted ‘‘$50,000’’ for ‘‘$35,000’’ in two places.
cent’’ for ‘‘75 percent’’.                                           Subsec. (m)(4)(B). Pub. L. 111–240, § 1401(c)(1)(B),
   Subsec. (a)(2)(A)(ii). Pub. L. 111–240, § 1111(b)(1)(B),       struck out cl. (i) designation and heading, substituted
substituted ‘‘85 percent’’ for ‘‘90 percent’’.                    ‘‘As’’ for ‘‘Subject to clause (ii), as’’, and struck out cl.
   Pub. L. 111–240, § 1111(a)(1)(B), substituted ‘‘90 per-        (ii) relating to waiver of non-Federal share.
cent’’ for ‘‘85 percent’’.                                           Pub. L. 111–240, § 1401(a)(2), designated existing provi-
   Subsec. (a)(2)(C)(ii), (iii). Pub. L. 111–240, § 1206(e),      sions as cl. (i), inserted cl. (i) heading, substituted
added cl. (ii) and redesignated former cl. (ii) as (iii).         ‘‘Subject to clause (ii), as a condition of a grant made
   Subsec. (a)(2)(D). Pub. L. 111–240, § 1206(d)(1), sub-         under subparagraph (A), the Administrator shall re-
stituted ‘‘be’’ for ‘‘not exceed’’.                               quire’’ for ‘‘As a condition of any grant made under
   Pub. L. 111–240, § 1206(a)(2)(B), substituted ‘‘In’’ for       subparagraph (A), the Administration shall require’’,
‘‘Notwithstanding subparagraph (A), in’’.                         and added cl. (ii).
Page 855                                TITLE 15—COMMERCE AND TRADE                                                      § 636

   Subsec. (m)(11)(B). Pub. L. 111–240, § 1113(3), sub-              Subsecs. (d) to (f). Pub. L. 110–246, § 12068(a), redesig-
stituted ‘‘$50,000’’ for ‘‘$35,000’’.                             nated subsecs. (c) and (d) as (d) and (e), respectively,
   2008—Subsec. (a)(32). Pub. L. 110–186, § 208, added par.       and added subsec. (f).
(32) relating to increased veteran participation pro-                Subsec. (g). Pub. L. 110–246, § 12070, added subsec. (g).
gram.                                                                2007—Subsec. (a)(31)(F). Pub. L. 110–140, § 1201, added
   Subsec. (b). Pub. L. 110–246, § 12078(c)(2), in concluding     subpar. (F).
provisions substituted ‘‘paragraphs (1) and (2)’’ for                Subsec. (a)(32). Pub. L. 110–140, § 1202, added par. (32).
‘‘paragraphs (1), (2), and (4)’’ and ‘‘paragraph (1) (2)’’ for       2006—Subsec. (b)(2). Pub. L. 109–163, § 845(a)(2)(A), in
‘‘paragraph (1), (2), or (4)’’.                                   introductory provisions, inserted ‘‘(including drought),
   Pub. L. 110–246, § 12078(c)(1), substituted ‘‘the Admin-       with respect to both farm-related and nonfarm-related
istration’’ for ‘‘the, Administration’’ in introductory           small business concerns,’’ before ‘‘if the Administra-
provisions.                                                       tion’’.
   Pub. L. 110–246, § 12068(b)(2)(B), which directed amend-          Subsec. (b)(2)(B). Pub. L. 109–163, § 845(a)(2)(B), sub-
ment of ‘‘the undesignated matter following paragraph             stituted ‘‘section 1961 of title 7, in which case, assist-
(3)’’ by substituting ‘‘Notwithstanding any other provi-          ance under this paragraph may be provided to farm-re-
sion of law, and except as provided in subsection (d),            lated and nonfarm-related small business concerns,
the interest rate on the Administration’s share of any            subject to the other applicable requirements of this
loan made under subsection (b)’’ for ‘‘Notwithstanding            paragraph’’ for ‘‘the Consolidated Farmers Home Ad-
the provisions of any other law the interest rate on the          ministration Act of 1961 (7 U.S.C. 1961)’’.
Administration’s share of any loan made under sub-                   Subsec. (b)(2)(D). Pub. L. 109–163, § 845(c), substituted
section (b) except as provided in subsection (c),’’ was           ‘‘Not later than 30 days after the date of receipt of such
executed by making the substitution for ‘‘Notwith-                certification by a Governor of a State, the Administra-
standing the provisions of any other law, the interest            tion shall respond in writing to that Governor on its
rate on the Administration’s share of any loan made               determination and the reasons therefore, and may’’ for
under subsection (b), except as provided in subsection            ‘‘Upon receipt of such certification, the Administration
(c),’’ in concluding provisions after par. (6), to reflect        may’’.
the probable intent of Congress and the addition of                  2004—Subsec. (a)(3)(A). Pub. L. 108–447, § 103(a), sub-
pars. (4) to (6) by Pub. L. 110–246, §§ 12063(a), 12066(a). See   stituted ‘‘$1,500,000’’ for ‘‘$1,000,000’’.
below.                                                               Subsec. (a)(3)(B). Pub. L. 108–447, § 107(b), substituted
   Pub. L. 110–246, § 12068(b)(2)(A), which directed amend-       ‘‘$1,750,000’’ for ‘‘$1,250,000’’ and ‘‘$1,250,000’’ for
ment of ‘‘the undesignated matter following paragraph             ‘‘$750,000’’.
(3)’’ by substituting ‘‘That the provisions of paragraph             Subsec. (a)(16). Pub. L. 108–447, § 107(a), inserted head-
(1) of subsection (d)’’ for ‘‘That the provisions of para-        ing and amended par. (16) generally. Prior to amend-
graph (1) of subsection (c)’’, was executed by making             ment, par. (16) provided that the Administration could
the substitution in concluding provisions after par. (6),         guarantee loans to assist any eligible small business
to reflect the probable intent of Congress and the addi-          concern in an industry engaged in or adversely affected
tion of pars. (4) to (6) by Pub. L. 110–246, §§ 12063(a),         by international trade in the financing of the acquisi-
12066(a). See below.                                              tion, construction, renovation, modernization, im-
   Subsec. (b)(1)(A). Pub. L. 110–246, § 12078(b)(1), inserted    provement or expansion of productive facilities or
‘‘of the aggregate costs of such damage or destruction            equipment to be used in the United States in the pro-
(whether or not compensated for by insurance or other-            duction of goods and services involved in international
wise)’’ after ‘‘20 per centum’’.                                  trade.
   Subsec. (b)(2). Pub. L. 110–246, § 12061(a)(1), in intro-         Subsec. (a)(18)(A). Pub. L. 108–447, § 102(a), amended
ductory provisions inserted ‘‘, private nonprofit organi-         heading and text of subpar. (A) generally. Prior to
zation,’’ after ‘‘small business concern’’ and ‘‘, the or-        amendment, text read as follows: ‘‘With respect to each
ganization,’’ after ‘‘the concern’’.                              loan guaranteed under this subsection (other than a
   Subsec. (b)(2)(A). Pub. L. 110–246, § 12063(c)(2), sub-        loan that is repayable in 1 year or less), the Adminis-
stituted ‘‘Robert T. Stafford Disaster Relief and Emer-           tration shall collect a guarantee fee, which shall be
gency Assistance Act (42 U.S.C. 5121 et seq.)’’ for ‘‘Dis-        payable by the participating lender, and may be
aster Relief and Emergency Assistance Act’’.                      charged to the borrower, as follows:
   Subsec. (b)(2)(D). Pub. L. 110–246, § 12061(a)(2), inserted         ‘‘(i) A guarantee fee equal to 2 percent of the de-
‘‘, private nonprofit organizations,’’ after ‘‘small busi-           ferred participation share of a total loan amount that
ness concerns’’.                                                     is not more than $150,000.
   Subsec. (b)(3)(C). Pub. L. 110–186, § 201(a), substituted           ‘‘(ii) A guarantee fee equal to 3 percent of the de-
‘‘1 year’’ for ‘‘90 days’’ and inserted at end ‘‘The Admin-          ferred participation share of a total loan amount that
istrator may, when appropriate (as determined by the                 is more than $150,000, but not more than $700,000.
Administrator), extend the ending date specified in the                ‘‘(iii) A guarantee fee equal to 3.5 percent of the de-
preceding sentence by not more than 1 year.’’                        ferred participation share of a total loan amount that
   Subsec. (b)(3)(E). Pub. L. 110–246, § 12077, inserted ‘‘, or      is more than $700,000.’’
have become due to changed economic circumstances,’’                 Subsec. (a)(18)(C). Pub. L. 108–447, § 102(b), struck out
after ‘‘constitutes’’.                                            heading and text of subpar. (C). Text read as follows:
   Subsec. (b)(3)(G), (H). Pub. L. 110–186, §§ 203, 204, added    ‘‘With respect to loans approved during the 2-year pe-
subpars. (G) and (H).                                             riod beginning on October 1, 2002, the guarantee fee
   Subsec. (b)(4), (5). Pub. L. 110–246, § 12063(a), added
                                                                  under subparagraph (A) shall be as follows:
pars. (4) and (5).
                                                                       ‘‘(i) A guarantee fee equal to 1 percent of the de-
   Subsec. (b)(6). Pub. L. 110–246, § 12066(a), added par. (6).
   Subsec. (b)(7). Pub. L. 110–246, § 12074(a), added par. (7).      ferred participation share of a total loan amount that
   Subsec. (b)(8). Pub. L. 110–246, § 12078(a), added par. (8).      is not more than $150,000.
   Subsec. (b)(9). Pub. L. 110–246, § 12081, added par. (9).           ‘‘(ii) A guarantee fee equal to 2.5 percent of the de-
   Subsec. (b)(9)(C), (D). Pub. L. 110–246, § 12082, added           ferred participation share of a total loan amount that
subpars. (C) and (D).                                                is more than $150,000, but not more than $700,000.
   Subsec. (c). Pub. L. 110–246, § 12083(a), added subsec.             ‘‘(iii) A guarantee fee equal to 3.5 percent of the de-
(c).                                                                 ferred participation share of a total loan amount that
   Pub. L. 110–246, § 12068(a)(1), redesignated subsec. (c)          is more than $700,000.’’
as (d).                                                              Subsec. (a)(23). Pub. L. 108–447, § 102(c)(1), substituted
   Subsec. (c)(5)(C). Pub. L. 110–246, § 12061(b), inserted       ‘‘Yearly’’ for ‘‘Annual’’ in heading.
‘‘, private nonprofit organization,’’ after ‘‘business’’.            Subsec. (a)(23)(A). Pub. L. 108–447, § 102(c)(2), added
   Subsec. (c)(6). Pub. L. 110–246, § 12065, substituted          subpar. (A) and struck out heading and text of former
‘‘$14,000 or less (or such higher amount as the Adminis-          subpar. (A). Text read as follows: ‘‘With respect to each
trator determines appropriate in the event of a major             loan guaranteed under this subsection, the Administra-
disaster)’’ for ‘‘$10,000 or less’’.                              tion shall, in accordance with such terms and proce-
§ 636                                    TITLE 15—COMMERCE AND TRADE                                                   Page 856

dures as the Administration shall establish by regula-                 Subsec. (m)(7)(A). Pub. L. 106–554, § 1(a)(9) [title II,
tion, assess and collect an annual fee in an amount                 § 210(a)(6)], added subpar. (A) and struck out heading
equal to 0.5 percent of the outstanding balance of the              and text of former subpar. (A). Text read as follows:
deferred participation share of the loan. With respect              ‘‘During the program authorized by this subsection, the
to loans approved during the 2-year period beginning on             Administration may fund, on a competitive basis, not
October 1, 2002, the annual fee assessed and collected              more than 200 microloan programs.’’
under the preceding sentence shall be in an amount                     Subsec. (m)(11)(B). Pub. L. 106–554, § 1(a)(9) [title II,
equal to 0.25 percent of the outstanding balance of the             § 210(b)], substituted ‘‘$35,000’’ for ‘‘$25,000’’.
deferred participation share of the loan.’’                            1999—Subsec. (a)(10). Pub. L. 106–50, § 401(b), inserted
   Subsec. (a)(23)(B). Pub. L. 108–447, § 102(c)(3), sub-           ‘‘guaranteed’’ after ‘‘provide’’ and ‘‘, including service-
stituted ‘‘yearly’’ for ‘‘annual’’.                                 disabled veterans,’’ after ‘‘handicapped individual’’.
   Subsec. (a)(23)(C). Pub. L. 108–447, § 102(c)(4), added             Subsec. (a)(21)(A)(ii). Pub. L. 106–50, § 404, inserted ‘‘or
subpar. (C).                                                        a veteran’’ after ‘‘qualified individual’’.
   Subsec. (a)(31). Pub. L. 108–447, § 101(a), added par. (31).        Subsec. (a)(27). Pub. L. 106–8, § 3(a), (c), temporarily
   2001—Subsec. (a)(18)(C). Pub. L. 107–100, § 6(a)(1), added       added par. (27) relating to Year 2000 computer problem
subpar. (C).                                                        program. See Effective and Termination Dates of 1999
   Subsec. (a)(23)(A). Pub. L. 107–100, § 6(a)(2), inserted at      Amendments note below.
end ‘‘With respect to loans approved during the 2-year                 Subsec. (b)(1)(C). Pub. L. 106–24, § 1(a), added subpar.
period beginning on October 1, 2002, the annual fee as-             (C).
sessed and collected under the preceding sentence shall                Subsec. (b)(3). Pub. L. 106–50, § 402(b), added par. (3).
                                                                       Subsec. (m)(1)(A)(i). Pub. L. 106–50, § 403, inserted
be in an amount equal to 0.25 percent of the out-
                                                                    ‘‘veteran (within the meaning of such term under sec-
standing balance of the deferred participation share of
                                                                    tion 632(q) of this title),’’ after ‘‘low-income,’’.
the loan.’’                                                            Subsec. (m)(3)(D). Pub. L. 106–22, § 3, struck out sub-
   2000—Subsec. (a)(2)(A)(i). Pub. L. 106–554, § 1(a)(9)
                                                                    par. (D) heading and amended text generally. Prior to
[title II, § 202(1)], substituted ‘‘$150,000’’ for ‘‘$100,000’’.
                                                                    amendment, text read as follows: ‘‘The Administration
   Subsec. (a)(2)(A)(ii). Pub. L. 106–554, § 1(a)(9) [title II,
                                                                    shall, by regulation, require each intermediary to es-
§ 202(2)], substituted ‘‘85 percent’’ for ‘‘80 percent’’ and
                                                                    tablish a loan loss reserve fund, and to maintain such
‘‘$150,000’’ for ‘‘$100,000’’.
                                                                    reserve fund until all obligations owed to the Adminis-
   Subsec. (a)(3)(A). Pub. L. 106–554, § 1(a)(9) [title II,
                                                                    tration under this subsection are repaid. The Adminis-
§ 203], substituted ‘‘$1,000,000 (or if the gross loan
                                                                    tration shall require the loan loss reserve fund to be
amount would exceed $2,000,000),’’ for ‘‘$750,000,’’.
   Subsec. (a)(4). Pub. L. 106–554, § 1(a)(9) [title II,            maintained—
                                                                         ‘‘(i) during the initial 5 years of the intermediary’s
§ 205(1)], inserted heading and struck out former head-
                                                                       participation in the program under this subsection,
ing ‘‘Interest rates and fees.—’’.
                                                                       at a level equal to not more than 15 percent of the
   Subsec. (a)(4)(B)(iii). Pub. L. 106–554, § 1(a)(9) [title II,
                                                                       outstanding balance of the notes receivable owed to
§ 204], added cl. (iii).
   Subsec. (a)(4)(C). Pub. L. 106–554, § 1(a)(9) [title II,            the intermediary; and
                                                                         ‘‘(ii) in each year of participation thereafter, at a
§ 205(2)], added subpar. (C).
                                                                       level equal to not more than the greater of—
   Subsec. (a)(18). Pub. L. 106–554, § 1(a)(9) [title II, § 206],
                                                                            ‘‘(I) 2 times an amount reflecting the total losses
amended heading and text of par. (18) generally, sub-
                                                                         of the intermediary as a result of participation in
stituting present provisions for provisions which had                    the program under this subsection, as determined
authorized guarantee fee in an amount equal to sum of                    by the Administrator on a case-by-case basis; or
3 percent of amount of deferred participation share of                      ‘‘(II) 10 percent of the outstanding balance of the
loan that was less than or equal to $250,000, if deferred                notes receivable owed to the intermediary.’’
participation share of loan exceeded $250,000, plus 3.5                Subsec. (m)(7)(B). Pub. L. 106–22, § 2(1), added subpar.
percent of difference between $500,000 or total deferred            (B) and struck out heading and text of former subpar.
participation share of loan, whichever was less, and                (B). Text read as follows: ‘‘During any fiscal year, a
$250,000, plus, if deferred participation share of loan ex-         State shall not receive new loan funds from the Admin-
ceeded $500,000, 3.875 percent of difference between total          istration that exceed 125 percent of the State’s pro rata
deferred participation share of loan and $500,000, and              share of the microloan program authorization during
set forth provisions relating to exception for certain              such fiscal year, such share to be based on the popu-
loans.                                                              lation of the State, as compared to the total population
   Subsec. (a)(28). Pub. L. 106–554, § 1(a)(9) [title II, § 207],   of the United States. If, however, at the beginning of
added par. (28).                                                    the fourth quarter of a fiscal year the Administration
   Subsec. (a)(29). Pub. L. 106–554, § 1(a)(9) [title II,           determines that a portion of appropriated microloan
§ 208(a)], added par. (29).                                         funds are unlikely to be awarded during that year, the
   Subsec. (a)(30). Pub. L. 106–554, § 1(a)(9) [title VIII,         Administration may make additional funds available
§ 802(a)], added par. (30).                                         to a State in excess of 125 percent of the pro rata share
   Subsec. (m)(1)(A)(iii)(I). Pub. L. 106–554, § 1(a)(9) [title     of that State.’’
II, § 210(a)(2)], substituted ‘‘$10,000’’ for ‘‘$7,500’’.              Subsec. (m)(8). Pub. L. 106–22, § 2(2), inserted ‘‘and
   Subsec. (m)(1)(B)(iii). Pub. L. 106–554, § 1(a)(9) [title II,    providing funding to intermediaries’’ after ‘‘program
§ 210(a)(1)], substituted ‘‘$35,000’’ for ‘‘$25,000’’.              applicants’’ and ‘‘and provide funding to’’ after ‘‘shall
   Subsec. (m)(3)(A)(ii). Pub. L. 106–554, § 1(a)(9) [title II,     select’’.
§ 210(a)(2)], substituted ‘‘$10,000’’ for ‘‘$7,500’’.                  Subsec. (n). Pub. L. 106–50, § 402(a), added subsec. (n).
   Subsec. (m)(3)(E). Pub. L. 106–554, § 1(a)(9) [title II,            1998—Subsec. (j)(13)(E). Pub. L. 105–277, § 101(f) [title
§ 210(a)(1), (3)], substituted ‘‘$20,000’’ for ‘‘$15,000’’ and      VIII, § 405(f)(9)], struck out ‘‘the Job Training Partner-
‘‘$35,000’’ for ‘‘$25,000’’ in two places.                          ship Act or’’ before ‘‘title I of the Workforce’’ in intro-
   Subsec. (m)(4)(C)(i). Pub. L. 106–554, § 1(a)(9) [title II,      ductory provisions.
§ 210(a)(2)], which directed the amendment of subsec.                  Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(10)], sub-
(m)(4)(C)(i)(II) by substituting ‘‘$10,000’’ for ‘‘$7,500’’,        stituted ‘‘the Job Training Partnership Act or title I of
was executed by making the substitution in subsec.                  the Workforce Investment Act of 1998’’ for ‘‘the Job
(m)(4)(C)(i) to reflect the probable intent of Congress             Training Partnership Act (29 U.S.C. 1501 et seq.)’’.
and the termination of the temporary amendment by                      1997—Subsec. (a). Pub. L. 105–135, § 231(1), inserted
Pub. L. 103–403, § 208(a)(2), (c). See 1994 Amendment note          heading.
and Effective and Termination Dates of 1994 Amend-                     Subsec. (a)(1). Pub. L. 105–135, § 231(2), inserted head-
ment note below.                                                    ing, designated existing provisions as subpar. (A) and
   Subsec. (m)(5)(A). Pub. L. 106–554, § 1(a)(9) [title II,         inserted heading, and added subpar. (B).
§ 210(a)(4)], substituted ‘‘55 grants’’ for ‘‘25 grants’’ and          Subsec. (a)(8). Pub. L. 105–135, § 706, added par. (8).
‘‘$200,000’’ for ‘‘$125,000’’.                                         Subsec. (m). Pub. L. 105–135, § 201(c), struck out
   Subsec. (m)(6)(B). Pub. L. 106–554, § 1(a)(9) [title II,         ‘‘Demonstration’’ and ‘‘demonstration’’ wherever ap-
§ 210(a)(5)], substituted ‘‘$15,000’’ for ‘‘$10,000’’.              pearing in heading and text.
Page 857                                TITLE 15—COMMERCE AND TRADE                                                      § 636

   Subsec. (m)(1)(A)(iv). Pub. L. 105–135, § 202(a)(1), added     proposal to the Administration under that Act and the
cl. (iv).                                                         loan would provide part or all of the financial assist-
   Subsec. (m)(3)(C). Pub. L. 105–135, § 201(a), substituted      ance necessary to carry out such proposal, and (3) the
‘‘$3,500,000’’ for ‘‘$2,500,000’’.                                Secretary’s certification is in force at the time the Ad-
   Subsec. (m)(3)(D)(i), (ii). Pub. L. 105–135, § 201(b),         ministration makes the loan. With respect to loans
added cls. (i) and (ii) and struck out former cls. (i) and        made under this subsection the Administration shall
(ii) which read as follows:                                       apply the provisions of sections 314, 315, 316, 318, 319,
   ‘‘(i) in the first year of the intermediary’s participa-       and 320 of the Trade Expansion Act of 1962 as though
tion in the demonstration program, at a level equal to            such loans had been made under section 314 of that
not more than 15 percent of the outstanding balance of            Act.’’
the notes receivable owed to the intermediary; and                   Subsec. (f). Pub. L. 104–208, § 107(c), amended subsec.
   ‘‘(ii) in each year of participation thereafter, at a          (f) generally, substituting ‘‘(f) [RESERVED]’’ for prior
level reflecting the intermediary’s total losses as a re-         provisions of subsec. (f) which read as follows: ‘‘In the
sult of participation in the demonstration program, as            administration of the disaster loan program under sub-
determined by the Administration on a case-by-case                section (b)(1) of this section, in the case of property
basis, but in no case shall the required level exceed 15          loss or damage as a result of a disaster which is a
percent of the outstanding balance of the notes receiv-           ‘major disaster’ as defined in section 102(2) of the Dis-
able owed to the intermediary under the program.’’                aster Relief and Emergency Assistance Act, the Small
   Subsec. (m)(4)(E). Pub. L. 105–135, § 201(d)(1), des-          Business Administration, to the extent such loss or
ignated existing provisions as cl. (i), inserted heading,         damage is not compensated for by insurance or other-
substituted ‘‘25 percent’’ for ‘‘15 percent’’, and added cl.      wise, may lend to a privately owned college or univer-
(ii).                                                             sity without regard to whether the required financial
   Subsec. (m)(4)(F). Pub. L. 105–135, § 202(a)(2), added         assistance is otherwise available from private sources,
subpar. (F).                                                      and may waive interest payments and defer principal
   Subsec. (m)(5)(A). Pub. L. 105–135, § 201(d)(2), struck        payments on such a loan for the first three years of the
out ‘‘in each of the 5 years of the demonstration pro-            term of the loan.’’
gram established under this subsection,’’ after ‘‘re-                Subsec. (l). Pub. L. 104–208, § 107(c), amended subsec.
quirements of subparagraph (B),’’ and substituted ‘‘an-           (l) generally, substituting ‘‘(l) [RESERVED]’’ for prior
nually’’ for ‘‘for terms of up to 5 years’’.                      provisions of subsec. (l) which consisted of 9 pars. au-
   Subsec. (m)(6)(E). Pub. L. 105–135, § 202(a)(3), added         thorizing loans to small business concerns for solar en-
subpar. (E).                                                      ergy and energy conservation measures.
   Subsec. (m)(9). Pub. L. 105–135, § 202(a)(4)(A), sub-             Subsec. (m)(7)(B). Pub. L. 104–208, § 105, inserted at
stituted ‘‘Grants for management, marketing, tech-                end ‘‘If, however, at the beginning of the fourth quarter
nical assistance, and related services’’ for ‘‘Technical          of a fiscal year the Administration determines that a
assistance for intermediaries’’ in heading.                       portion of appropriated microloan funds are unlikely to
   Subsec. (m)(9)(C). Pub. L. 105–135, § 202(a)(4)(B), added      be awarded during that year, the Administration may
subpar. (C).                                                      make additional funds available to a State in excess of
   Subsec. (m)(12). Pub. L. 105–135, § 201(c)(4), substituted     125 percent of the pro rata share of that State.’’
‘‘1998 through 2000’’ for ‘‘1995 through 1997’’.                     1995—Subsec. (a)(2). Pub. L. 104–36, § 2, amended par.
   Subsec. (m)(13). Pub. L. 105–135, § 202(a)(5), added par.      (2) generally. Prior to amendment, par. (2) related to
(13).                                                             percentage levels in loan participation agreements.
   1996—Subsec. (a)(2)(C)(ii)(II). Pub. L. 104–208, § 103(a),        Subsec. (a)(18). Pub. L. 104–36, § 3(a), amended par. (18)
amended subcl. (II) generally. Prior to amendment,                generally. Prior to amendment, par. (18) read as fol-
subcl. (II) read as follows: ‘‘authority to service and liq-      lows: ‘‘The Administration shall collect a guarantee fee
uidate such loans.’’                                              equal to two percent of the amount of the deferred par-
   Subsec. (a)(2)(D). Pub. L. 104–208, § 111, added subpar.       ticipation share of any loan under this subsection other
(D).                                                              than a loan repayable in one year or less. The fee shall
   Subsec. (a)(4). Pub. L. 104–208, § 103(f), inserted par. (4)   be payable by the participating lending institution and
heading, designated existing text as subpar. (A) and in-          may be charged to the borrower.’’
serted heading, and added subpar. (B).                               Subsec. (a)(19)(B). Pub. L. 104–36, § 3(b)(1), substituted
   Subsec. (a)(19)(C). Pub. L. 104–208, § 103(b), added sub-      ‘‘shall develop’’ for ‘‘shall (i) develop’’ and struck out
par. (C).                                                         at end ‘‘, and (ii) allow such lenders to retain one-half
   Subsec. (a)(25). Pub. L. 104–208, § 103(c), added par. (25).   of the fee collected pursuant to subsection (a)(18) of
   Subsec. (a)(26). Pub. L. 104–208, § 103(d), added par. (26).   this section on such loans. A participating lender may
   Subsec. (d). Pub. L. 104–208, § 107(a), struck out ‘‘(1)’’     not retain any fee pursuant to this paragraph if the
before ‘‘The Administration’’ and struck out par. (2)             amount committed and outstanding to the applicant
which read as follows: ‘‘The Administration is author-            would exceed $50,000 unless the amount in excess of
ized to hold seminars throughout the Nation to make               $50,000 is an amount not approved under the provisions
potential applicants aware of the opportunities avail-            of this paragraph’’.
able under this subsection and related government en-                Subsec. (a)(19)(C). Pub. L. 104–36, § 3(b)(2), struck out
ergy programs, and to make grants to qualified organi-            subpar. (C) which read as follows: ‘‘In order to encour-
zations to provide training seminars for small business           age lending institutions and other entities making
concerns regarding practical and easily implemented               loans authorized under this subsection to provide loans
methods for design, manufacture, installation, and                to small business loan applicants located in rural areas,
servicing of equipment and for providing services listed          such lenders shall be permitted to retain one-half of the
in paragraph (1) of this subsection, except that recipi-          fee collected pursuant to paragraph (18) on loans of less
ents of loans made pursuant to this subsection shall              than $75,000. A participating lender may not retain any
not subsequently be eligible for such grants.’’                   fee pursuant to this subparagraph if the amount com-
   Subsec. (e). Pub. L. 104–208, § 107(b), amended subsec.        mitted and outstanding to the applicant would exceed
(e) generally, substituting ‘‘(e) [RESERVED]’’ for prior          $75,000 unless the amount in excess of $75,000 is an
provisions of subsec. (e) which read as follows: ‘‘The            amount not approved under the provisions of this sub-
Administration also is empowered to make loans (ei-               paragraph. This subparagraph shall cease to be effec-
ther directly or in cooperation with banks or other               tive on October 1, 1995.’’
lenders through agreements to participate on an imme-                Subsec. (a)(23). Pub. L. 104–36, § 4(a), added par. (23).
diate or deferred basis) to assist any firm to adjust to             Subsec. (a)(24). Pub. L. 104–36, § 5, added par. (24).
changed economic conditions resulting from increased                 1994—Subsec. (a)(2)(B)(iv). Pub. L. 103–403, § 211,
competition from imported articles, but only if (1) an            amended cl. (iv) generally. Prior to amendment, cl. (iv)
adjustment proposal of such firm has been certified by            read as follows: ‘‘not less than 85 percent of the financ-
the Secretary of Commerce pursuant to the Trade Ex-               ing outstanding at the time of disbursement if such fi-
pansion Act of 1962, (2) the Secretary has referred such          nancing is a loan under paragraph (16).’’
§ 636                                 TITLE 15—COMMERCE AND TRADE                                                  Page 858

   Subsec. (a)(3)(B). Pub. L. 103–403, § 210, amended sub-      ness concern is located, in which, according to the most
par. (B) generally. Prior to amendment, subpar. (B)             recent data available from the Bureau of the Census,
read as follows: ‘‘if the total amount outstanding and          Department of Commerce, not less than 40 percent of
committed (on a deferred basis) solely for the purposes         residents have an annual income that is at or below the
provided in paragraph (16) to the borrower from the             poverty level.’’. See Effective and Termination Dates of
business loan and investment fund established by this           1994 Amendment note below.
chapter would exceed $1,000,000, such amount to be in              Subsec. (m)(12). Pub. L. 103–403, § 201, added par. (12).
addition to any financing solely for working capital,              1993—Subsec. (a)(2). Pub. L. 103–81, § 5(a)(2)–(4), in con-
supplies, or revolving lines of credit for export purposes      cluding provisions, substituted ‘‘less than the above
up to a maximum of $250,000; and’’.                             specified percentums’’ for ‘‘less than 85 percent under
   Subsec. (a)(14)(A). Pub. L. 103–403, § 209, amended sub-     subparagraph (B)’’ and ‘‘not less than 70 percent, unless
par. (A) generally. Prior to amendment, subpar. (A)             a lesser percent is required by clause (B)(ii) or upon
read as follows: ‘‘The Administration under this sub-           the’’ for ‘‘not less than 80 percent, except upon’’ and in-
section may provide extensions and revolving lines of           serted after third sentence ‘‘The maximum interest
credit for export purposes and financing to enable small        rate for a loan guaranteed under the Preferred Lenders
business concerns, including small business export              Program shall not exceed the maximum interest rate,
trading companies and small business export manage-             as determined by the Administration, which is made
ment companies, to develop foreign markets. No such             applicable to other loan guarantees under subsection
extension or revolving line of credit may be made for           (a) of this section.’’
a period or periods exceeding 3 years. A bank or partici-          Subsec. (a)(2)(B). Pub. L. 103–81, § 5(a)(1), struck out
pating lending institution may establish the rate of in-        ‘‘and’’ at end of cl. (i), added cls. (ii) and (iii), and re-
terest on extensions and revolving lines of credit as           designated former cl. (ii) as (iv).
may be legal and reasonable.’’                                     Subsec. (a)(22). Pub. L. 103–81, § 4, added par. (22).
   Subsec. (a)(21)(A). Pub. L. 103–403, § 605(a), inserted         Subsec. (m)(1)(B)(iii). Pub. L. 103–81, § 8(1), substituted
‘‘on a guaranteed basis’’ before ‘‘under the authority’’.       ‘‘$25,000’’ for ‘‘$15,000’’.
   Subsec. (a)(21)(E). Pub. L. 103–403, § 603, added subpar.       Subsec. (m)(5)(A). Pub. L. 103–81, § 8(2), substituted
(E).                                                            ‘‘25 grants for terms of up to 5 years’’ for ‘‘6 grants’’.
   Subsec. (m)(3)(C). Pub. L. 103–403, § 206, substituted          Subsec. (m)(9)(B). Pub. L. 103–81, § 8(3), substituted ‘‘7
‘‘$2,500,000’’ for ‘‘$1,250,000’’.                              percent’’ for ‘‘3 percent’’.
   Subsec. (m)(4)(B). Pub. L. 103–403, § 208(a)(1), (c), tem-      1992—Subsec. (a)(4). Pub. L. 102–366, § 104, substituted
porarily inserted ‘‘except for a grant made to an inter-        ‘‘Notwithstanding the provisions of the constitution of
mediary that provides not less than 50 percent of its           any State or the laws of any State limiting the rate or
loans to small business concerns located in or owned by         amount of interest which may be charged, taken, re-
one or more residents of an economically distressed             ceived, or reserved, the maximum legal rate of interest
area,’’ after ‘‘under subparagraph (A),’’. See Effective        on any financing made on a deferred basis pursuant to
and Termination Dates of 1994 Amendment note below.             this subsection’’ for ‘‘The rate of interest on financings
   Subsec. (m)(4)(C)(i). Pub. L. 103–403, § 208(a)(2), (c),     made on a deferred basis shall be legal and reasonable
temporarily added cl. (i) which read as follows: ‘‘In ad-       but’’.
dition to grants made under subparagraph (A), each                 Subsec. (a)(21). Pub. L. 102–366, § 211, added par. (21).
intermediary shall be eligible to receive a grant equal            Subsec. (m)(1)(A)(i). Pub. L. 102–366, § 113(a)(1)(A),
to 5 percent of the total outstanding balance of loans          amended cl. (i) generally, substituting ‘‘and business
made to the intermediary under this subsection if—              owners and other such individuals’’ for ‘‘, business
     ‘‘(I) the intermediary provides not less than 25 per-      owners, and other individuals’’.
   cent of its loans to small business concerns located in         Subsec. (m)(1)(A)(iii)(I). Pub. L. 102–366, § 113(a)(1)(B),
   or owned by one or more residents of an economically         inserted ‘‘, particularly loans in amounts averaging
   distressed area; or                                          not more than $7,500,’’ after ‘‘small-scale loans’’.
     ‘‘(II) the intermediary has a portfolio of loans made         Subsec. (m)(3)(A). Pub. L. 102–366, § 113(a)(2), des-
   under this subsection that averages not more than            ignated existing provisions as cl. (i) and inserted head-
   $7,500 during the period of the intermediary’s partici-      ing, redesignated cls. (i) to (viii) as subcls. (I) to (VIII),
   pation in the program.’’                                     respectively, substituted ‘‘economic, poverty, and un-
See Effective and Termination Dates of 1994 Amend-              employment’’ for ‘‘economic and unemployment’’ in
ment note below.                                                subcl. (III), amended subcl. (VIII) generally, and added
   Subsec. (m)(4)(E). Pub. L. 103–403, § 207, added subpar.     cl. (ii). Prior to amendment, subcl. (VIII) read as fol-
(E).                                                            lows: ‘‘any plan to involve private sector lenders in as-
   Subsec. (m)(7). Pub. L. 103–403, § 204, amended par. (7)     sisting selected small business concerns.’’
generally, substituting present provisions for former              Subsec. (m)(3)(F). Pub. L. 102–366, § 113(a)(3), amended
provisions relating to program funding, which provided          subpar. (F) generally. Prior to amendment, subpar. (F)
for: in subpar. (A), first year programs; in subpar. (B),       read as follows: ‘‘Loans made by the Administration
expanded programs; and in subpar. (C), State limita-            under this subsection shall be for a term of 10 years and
tions.                                                          at an interest rate equal to the rate determined by the
   Subsec. (m)(8). Pub. L. 103–403, § 205, amended heading      Secretary of the Treasury for obligations of the United
and text of par. (8) generally. Prior to amendment, text        States with a period of maturity of 5 years, adjusted to
read as follows: ‘‘In funding microloan programs, the           the nearest one-eighth of 1 percent.’’
Administration shall ensure that at least one-half of              Subsec. (m)(4)(A). Pub. L. 102–366, § 113(a)(4)(B), added
the programs funded under this subsection will provide          subpar. (A) and struck out former subpar. (A) which
microloans to small business concerns located in rural          read as follows: ‘‘Except as otherwise provided in sub-
areas.’’                                                        paragraph (C) and subject to the requirements of sub-
   Subsec. (m)(9)(B). Pub. L. 103–403, § 604, inserted ‘‘and    paragraph (B), each intermediary that receives a loan
loan guarantees’’ after ‘‘for loans’’ and ‘‘and national        under subparagraph (B)(i) of paragraph (1) shall be eli-
and regional nonprofit organizations that have dem-             gible to receive a grant to provide marketing, manage-
onstrated experience in providing training support for          ment, and technical assistance to small business con-
microenterprise development and financing.’’ after ‘‘ex-        cerns that are borrowers under this subsection. In the
perienced microlending organizations’’.                         first and second years of an intermediary’s program
   Subsec. (m)(11)(A)(v). Pub. L. 103–403, § 202, added cl.     participation, each intermediary meeting the require-
(v).                                                            ment of subparagraph (B) may receive a grant of not
   Subsec. (m)(11)(D). Pub. L. 103–403, § 208(b), (c), tempo-   more than 20 percent of the total outstanding balance
rarily added subpar. (D) which read as follows: ‘‘the           of loans made to it under this subsection. In the third
term ‘economically distressed area’, as used in para-           and subsequent years of an intermediary’s program
graph (4), means a county or equivalent division of             participation, each intermediary meeting the require-
local government of a State in which the small busi-            ments of subparagraph (B) may receive a grant of not
Page 859                                  TITLE 15—COMMERCE AND TRADE                                                       § 636

more than 10 percent of the total outstanding balance                   Subsec. (j)(3)(B). Pub. L. 101–574, § 242(1), struck out
of loans made to it under this subsection.’’                          subpar. (B) which read as follows: ‘‘The General Ac-
   Pub. L. 102–366, § 113(a)(4)(A), substituted ‘‘Except as           counting Office shall evaluate the activities taken by
otherwise provided in subparagraph (C) and subject to’’               the Administration to achieve the purpose of this para-
for ‘‘Subject to’’.                                                   graph and evaluate the success of these activities in
   Subsec. (m)(4)(B). Pub. L. 102–366, § 113(a)(4)(C), sub-           achieving the purposes of this paragraph. The General
stituted ‘‘25 percent’’ for ‘‘one-half’’.                             Accounting Office shall report to the Congress by Janu-
   Subsec. (m)(4)(C), (D). Pub. L. 102–366, § 113(a)(4)(D),           ary 1, 1981, and at any time thereafter at the discretion
added subpars. (C) and (D).                                           of the Comptroller General, on the findings of this eval-
   Subsec. (m)(5)(A). Pub. L. 102–366, § 113(a)(5), sub-              uation and shall make recommendations on actions
stituted ‘‘6 grants’’ for ‘‘2 grants’’.                               needed to improve the Administration’s performance
   Subsec. (m)(6)(C). Pub. L. 102–366, § 113(a)(6), amended           pursuant to this paragraph.’’
subpar. (C) generally. Prior to amendment, subpar. (C)                  Subsec. (j)(8). Pub. L. 101–574, § 242(2), struck out par.
read as follows: ‘‘Notwithstanding any provision of the               (8) which read as follows: ‘‘The General Accounting Of-
laws of any State or the constitution of any State per-               fice shall provide for an independent and continuing
taining to the rate or amount of interest that may be                 evaluation of programs under subsections (i) and (j) of
charged, taken, received or reserved on a loan, the                   this section and section 637(a) of this title, including
maximum rate of interest to be charged on a microloan                 full information on, and analysis of, the character and
funded under this subsection shall be not more than 4                 impact of managerial assistance provided, the location,
percentage points above the prime lending rate, as                    income characteristics, and extent to which private re-
identified by the Administration and published in the                 sources and skills have been involved in these pro-
Federal Register on a quarterly basis.’’                              grams. Such evaluation together with any rec-
   Subsec. (m)(7)(A). Pub. L. 102–564, § 307(b)(1), inserted
                                                                      ommendations deemed advisable by the Comptroller
at end: ‘‘If, at the end of fiscal year 1992, the Adminis-
                                                                      General shall be reported to the Congress by January 1,
tration has funded less than 50 microloan programs
                                                                      1981, and at any time thereafter at the discretion of the
under this subparagraph, the Administration may, in
                                                                      Comptroller General.’’
fiscal year 1993, fund a number of additional microloan                 Subsec. (j)(10)(J)(ii). Pub. L. 101–574, § 204(a), amended
programs equal to the difference between 50 and the                   cl. (ii) generally. Prior to amendment, cl. (ii) read as
number of microloan programs actually funded in fiscal                follows: ‘‘Except as provided under section 602 of the
year 1992.’’                                                          Business Opportunity Development Reform Act of 1988,
   Pub. L. 102–366, § 113(a)(7)(A), substituted ‘‘60
                                                                      no award shall be made pursuant to section 637(a) of
microloan programs’’ for ‘‘35 microloan programs’’.
                                                                      this title to other than a small business concern.’’
   Subsec. (m)(7)(B). Pub. L. 102–564, § 307(b)(2), sub-
                                                                        Subsec. (j)(13)(D)(iii). Pub. L. 101–574, § 206, sub-
stituted ‘‘In addition to any microloan programs au-
                                                                      stituted ‘‘October 1, 1994’’ for ‘‘October 1, 1992’’.
thorized to be funded in fiscal year 1993 in accordance                 1989—Subsec. (a)(2). Pub. L. 101–162, title V, (1),
with subparagraph (A), in the second’’ for ‘‘In the sec-              amended par. (2) generally. Prior to amendment, par.
ond’’.                                                                (2) read as follows: ‘‘In agreements to participate in
   Pub. L. 102–366, § 113(a)(7)(B), substituted ‘‘50 addi-
                                                                      loans on a deferred basis under this subsection, such
tional’’ for ‘‘25 additional’’.
   Subsec. (m)(7)(C)(i). Pub. L. 102–366, § 113(a)(7)(C),             participation by the Administration, except as pro-
amended cl. (i) generally. Prior to amendment, cl. (i)                vided in paragraph (6), shall be:
                                                                           ‘‘(A) not less than 90 per centum of the balance of
read as follows: ‘‘be awarded more than 2 microloan
                                                                        the financing outstanding at the time of disburse-
programs in any year of the demonstration program;’’.
   Subsec.      (m)(7)(C)(ii),    (iii).  Pub.      L.     102–366,     ment if such financing does not exceed $155,000; and
                                                                           ‘‘(B) subject to the limitation in paragraph (3)—
§ 113(a)(7)(D),    (E),     substituted       ‘‘$1,500,000’’    for
                                                                              ‘‘(i) not less than 70 per centum nor more than 85
‘‘$1,000,000’’ in cl. (ii) and ‘‘$2,500,000’’ for ‘‘$1,500,000’’ in
                                                                           per centum of the financing outstanding at the
cl. (iii).
   Subsec. (m)(9), (10). Pub. L. 102–366, § 113(a)(8), (9),                time of disbursement if such financing exceeds
added par. (9) and redesignated former par. (9) as (10).                   $155,000 but is less than $714,285,
                                                                              ‘‘(ii) less than 70 per centum of the financing out-
Former par. (10) redesignated (11).
   Subsec. (m)(11). Pub. L. 102–564, § 307(c), inserted ‘‘pri-             standing at the time of disbursement if such financ-
vate,’’ before ‘‘nonprofit’’ in subpar. (A)(ii).                           ing exceeds $714,285;
   Pub. L. 102–366, § 113(a)(8), (10), redesignated par. (10)                 ‘‘(iii) not less than 85 per centum of the financing
as (11) and amended subpar. (A) generally. Prior to                        outstanding at the time of disbursement if such fi-
amendment, subpar. (A) read as follows: ‘‘the term                         nancing is a loan under paragraph (16) and is less
‘intermediary’ means a private, nonprofit entity or a                      than $1,176,470; and
nonprofit community development corporation that                              ‘‘(iv) less than 85 per centum of the financing out-
seeks to borrow or has borrowed funds from the Small                       standing at the time of disbursement if such financ-
Business Administration to make microloans to small                        ing is a loan under paragraph (16) and exceeds
business concerns under this subsection;’’.                                $1,176,470;
   1991—Subsec. (a)(18). Pub. L. 102–140, § 609(b), struck            Provided, That the Administration shall not use the per
out ‘‘or a loan under paragraph (13)’’ after ‘‘one year or            centum of guarantee requested as a criterion to estab-
less’’.                                                               lish priorities in approving guarantee requests nor
   Subsec. (a)(19)(B). Pub. L. 102–191 struck out ‘‘during            shall the Administration reduce the per centum guar-
fiscal years 1989, 1990, and 1991,’’ after ‘‘small business           anteed to less than 85 per centum pursuant to subpara-
loan applicants,’’.                                                   graph (B) other than by a determination made on each
   Subsec. (m). Pub. L. 102–140, § 609(h), added subsec.              application: Provided, further, That the Administration
(m).                                                                  may reduce its participation below the per centums
   1990—Subsec. (a)(14)(A). Pub. L. 101–574, § 202, struck            stated in this paragraph if the lender requests the re-
out ‘‘pre-export’’ before ‘‘financing’’ and substituted ‘‘3           duction under the preferred lenders program or any
years’’ for ‘‘18 months’’.                                            successor thereto, but any such reduction shall not ex-
   Subsec. (a)(16)(A). Pub. L. 101–574, § 245, struck out at          ceed five points. As used in this sentence the term ‘pre-
end ‘‘The lender shall agree to sell the loan in the sec-             ferred lenders program’ means a program under which,
ondary market as authorized in sections 634(f) and                    pursuant to a written agreement between the lender
634(g) of this title within 180 days of the date of dis-              and the Administration, the lender has been delegated
bursement.’’                                                          (1) complete authority to make and close loans with a
   Subsec. (a)(19)(C). Pub. L. 101–574, § 307, added subpar.          guarantee from the Administration without obtaining
(C).                                                                  the prior specific approval of the Administration, and
   Subsec. (j)(3)(A). Pub. L. 101–574, § 242(1), struck out           (2) authority to service and liquidate such loans.’’
subpar. (A), which was previously struck out by Pub. L.                 Subsec. (a)(19). Pub. L. 101–162, title V, (2), amended
100–656, § 505(h). See 1988 Amendment note below.                     par. (19) generally. Prior to amendment, par. (19) read
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                  Page 860

as follows: ‘‘During fiscal years 1989, 1990, and 1991, in           Subsec. (j)(10)(J)(i). Pub. L. 101–37, § 6(a), substituted
addition to the preferred lenders program authorized by           ‘‘suspended’’ for ‘‘suspended or terminated’’.
the proviso in section 634(b)(7) of this title, the Admin-           Subsec. (j)(11)(B). Pub. L. 101–37, § 4(1), added subpar.
istration is authorized to establish a certified loan pro-        (B) and struck out former subpar. (B) which read as fol-
gram for lenders who establish their knowledge of Ad-             lows: ‘‘Except as provided in section 602(d) of the Busi-
ministration laws and regulations concerning the loan             ness Opportunity Development Reform Act of 1988, any
guarantees program and their proficiency in program               individual upon whom eligibility is based pursuant to
requirements. In order to encourage certified lenders             section 637(a)(4) of this title, shall be permitted to as-
and preferred lenders to provide loans of $50,000 or less         sert such eligibility for only one small business con-
in guarantees to eligible small business loan appli-              cern. Notwithstanding the provisions of the preceding
cants, the Administration (A) shall develop and shall             sentence, no individual who was determined pursuant
allow participating lenders in the certified loan pro-            to section 637(a) of this title to be socially and eco-
gram and in the preferred loan program to solely uti-             nomically disadvantaged before June 1, 1989, shall be
lize a uniform and simplified loan form for such loans            permitted to assert such disadvantage with respect to
and (B) shall allow such lenders to retain one-half of            any other concern making application for certification
the fee collected pursuant to subsection (a)(16) of this          after June 1, 1989.’’
section on such loans: Provided, That a participating                Subsec. (j)(11)(E). Pub. L. 101–37, § 4(2), (3), substituted
lender may not retain any fee pursuant to this para-              ‘‘Office of Minority Small Business’’ for ‘‘Office of the
graph if the amount committed and outstanding to the              Associate Administrator for Minority Small Business’’
applicant would exceed $50,000 unless such excess                 and ‘‘the Associate Administrator for Minority Small
amount was not approved under the provisions of this              Business and Capital Ownership Development’’ for
paragraph. The designation of a lender as a certified             ‘‘such Associate Administrator’’.
lender shall be suspended or revoked at any time that                Subsec. (j)(11)(F)(v). Pub. L. 101–37, § 4(4), substituted
the Administration determines that the lender is not              ‘‘to the Associate Administrator’’ for ‘‘with the Asso-
adhering to its rules and regulations or if the Adminis-          ciate Administrator’’.
tration determines that the loss experience of the lend-             Subsec. (j)(11)(F)(vi). Pub. L. 101–37, § 4(5), added cl.
er is excessive as compared to other lenders: Provided            (vi) and struck out former cl. (vi) which read as follows:
further, That any suspension or revocation of the des-            ‘‘decide protests from applicants that have been denied
ignation shall not affect any outstanding guarantee:              program admission;’’.
                                                                     Subsec. (j)(11)(F)(viii). Pub. L. 101–37, § 4(6), sub-
And, provided further, That the Administration may not
                                                                  stituted ‘‘subparagraph (I)’’ for ‘‘subparagraph (H)’’.
reduce the per centum of guarantee as a criterion of                 Subsec. (j)(11)(G)(ii). Pub. L. 101–37, § 4(7), substituted
eligibility for participation in this program, except as          ‘‘Participants’’ for ‘‘participants’’.
otherwise provided by law.’’                                         Subsec. (j)(11)(H), (I). Pub. L. 101–37, § 4(9), added sub-
   Subsec. (a)(20)(C)(iv). Pub. L. 101–37, § 9, inserted ‘‘is’’   par. (H) and redesignated former subpar. (H) as (I).
before ‘‘amortized’’.                                                Subsec. (j)(12)(A). Pub. L. 101–37, § 8(a)(1), substituted
   Subsec. (j)(10)(A)(i). Pub. L. 101–37, § 5(a), substituted     ‘‘developmental’’ for ‘‘development’’.
‘‘which set forth’’ for ‘‘which sets forth’’.                        Subsec. (j)(12)(B). Pub. L. 101–37, § 8(a)(2), inserted ‘‘in
   Subsec. (j)(10)(D)(i). Pub. L. 101–37, § 5(b)(1), sub-         its effort’’ after ‘‘to assist the concern’’.
stituted ‘‘Business Opportunity Specialist’’ for ‘‘busi-             Subsec. (j)(13)(E). Pub. L. 101–37, § 8(b), inserted sec-
ness opportunity specialist’’.                                    ond sentence and struck out former second sentence
   Subsec. (j)(10)(D)(ii)(II). Pub. L. 101–37, § 5(b)(2), sub-    which read as follows: ‘‘Such financial assistance may
stituted ‘‘the small business concern’’ for ‘‘small busi-         be made without regard to section 647(a) of this title,
ness concerns’’.                                                  shall be made by way of reimbursement to the training
   Subsec. (j)(10)(D)(iii). Pub. L. 101–37, § 5(b)(3), inserted   provider, and shall have such adjustments as may be
‘‘relating to attaining business activity from sources            necessary to provide for overpayments or underpay-
other than contracts awarded pursuant to section 637(a)           ments.’’
of this title’’ after ‘‘subparagraph (I)’’.                          1988—Subsec. (a)(2). Pub. L. 100–590, § 103, inserted
   Subsec. (j)(10)(D)(iv). Pub. L. 101–37, § 5(b)(4), sub-        ‘‘, but any such reduction shall not exceed five points’’
stituted ‘‘contract awards’’ for ‘‘contact awards’’.              after ‘‘any successor thereto’’ in second proviso.
   Subsec. (j)(10)(D)(iv)(I). Pub. L. 101–37, § 5(b)(5), in-         Subsec. (a)(2)(B)(iii), (iv). Pub. L. 100–418, § 8007(a)(1),
serted ‘‘relating to attaining business activity from             added cls. (iii) and (iv).
sources other than contracts awarded pursuant to sec-                Subsec. (a)(3). Pub. L. 100–418, § 8007(a)(2), amended
tion 637(a) of this title’’ after ‘‘subparagraph (I)’’.           par. (3) generally. Prior to amendment, par. (3) read as
   Subsec. (j)(10)(E)(ii). Pub. L. 101–37, § 7(a)(1), sub-        follows: ‘‘No loan under this subsection shall be made
stituted ‘‘completes the period of Program participa-             if the total amount outstanding and committed (by
tion as prescribed by paragraph (15)’’ for ‘‘participates         participation or otherwise) to the borrower from the
in the Program for a period in excess of the time limits          business loan and investment fund established by this
prescribed by paragraph (15)’’.                                   chapter would exceed $500,000: Provided, That no such
   Subsec. (j)(10)(F). Pub. L. 101–37, § 7(a)(2), struck out      loan made or effected either directly or in cooperation
subpar. (F) appearing first, which read as follows: ‘‘For         with banks or other lending institutions through agree-
the purposes of this subsection and section 637(a) of             ments to participate on an immediate basis shall ex-
this title, the terms ‘terminated’ or ‘termination’ shall         ceed $350,000.’’
mean the total denial’’.                                             Subsec. (a)(12). Pub. L. 100–590, § 111(c), designated ex-
   Pub. L. 101–37, § 7(a)(3), in subpar. (F) appearing sec-       isting provisions as subpar. (A) and added subpar.
ond, inserted first sentence and struck out former first          (b)[(B)].
sentence which read as follows: ‘‘For the purposes of                Subsec. (a)(14). Pub. L. 100–418, § 8005, amended par.
this chapter, this subsection and section 637(a) of this          (14) generally. Prior to amendment, par. (14) read as
title, the terms ‘terminated’ or ‘termination’ shall              follows: ‘‘The Administration under this subsection
mean the total denial or suspension of assistance pro-            may provide extensions and revolving lines of credit for
vided pursuant to this paragraph or section 637(a) of             export purposes to enable small business concerns to
this title prior to the graduation of the participating           develop foreign markets and for preexport financing:
small business concern pursuant to subparagraph (H) or            Provided, however, That no such extension or revolving
the expiration of the maximum program participation               line of credit may be made for a period or periods ex-
in terms prescribed by paragraph (15).’’                          ceeding eighteen months. A bank or participating lend-
   Subsec. (j)(10)(I). Pub. L. 101–37, § 10(b), designated as     ing institution may establish the rate of interest on ex-
subpar. (I) the undesignated subpar. which followed               tensions and revolving lines of credit as may be legal
subpar. (H).                                                      and reasonable.’’
   Pub. L. 101–37, § 10(a), made technical correction to di-         Subsec. (a)(16) to (18). Pub. L. 100–418, § 8007(a)(3), (4),
rectory language of Pub. L. 100–656, § 303(a), see 1988           added pars. (16) and (17) and redesignated former par.
Amendment note below.                                             (16) as (18).
Page 861                                TITLE 15—COMMERCE AND TRADE                                                         § 636

   Subsec. (a)(19). Pub. L. 100–533 and Pub. L. 100–590,           subpar. designation, but which probably was intended
§ 102(a), made identical amendments adding par. (19).              to be subpar. (I). See 1989 Amendment note above.
   Subsec. (a)(20). Pub. L. 100–656, § 302, added par. (20).          Subsec. (j)(10)(J). Pub. L. 100–656, § 206, added subpar.
   Subsec. (b)(1)(A). Pub. L. 100–590, §§ 119(a), 121, sub-        (J).
stituted ‘‘natural or other disasters’’ for ‘‘floods, riots           Subsec. (j)(11). Pub. L. 100–656, § 201(a), designated ex-
or civil disorders, or other catastrophes’’ and inserted           isting provisions as subpar. (A) and added subpars. (B)
proviso that Administration may increase loan up to                to (H).
additional 20 per centum to protect damaged or de-                    Subsec. (j)(12). Pub. L. 100–656, § 301(a), added par. (12).
stroyed property from possible future disasters.                      Subsec. (j)(13). Pub. L. 100–656, § 301(b), added par. (13).
   Subsec. (b)(2)(A). Pub. L. 100–707, § 109(f)(1), sub-              Subsec. (j)(14). Pub. L. 100–656, § 301(c), added par. (14).
stituted ‘‘the Disaster Relief and Emergency Assist-                  Subsec. (j)(15). Pub. L. 100–656, § 202, added par. (15).
ance Act’’ for ‘‘the Act entitled ‘An Act to authorize                Subsec. (j)(16). Pub. L. 100–656, § 408, added par. (16).
Federal assistance to States and local governments in                 1986—Subsec. (a)(2). Pub. L. 99–272, § 18013, in subpar.
major disasters, and for other purposes’, approved Sep-            (A) substituted ‘‘$155,000’’ for ‘‘$100,000’’, in subpar.
tember 30, 1950, as amended (42 U.S.C. 1855–1855g)’’.              (B)(i) substituted ‘‘$155,000’’ for ‘‘$100,000’’ and ‘‘85’’ for
   Subsec. (b)(E). Pub. L. 100–707, § 109(f)(2), substituted       ‘‘90’’, in proviso following subpar. (B) substituted ‘‘85’’
‘‘section 312(a) of the Disaster Relief and Emergency              for ‘‘90’’, and inserted a second proviso relating to re-
Assistance Act’’ for ‘‘subsection (b) of section 315 of            duction by the Administration of its participation
Public Law 93–288 (42 U.S.C. 5155)’’.                              below the per centum stated in this paragraph and de-
   Subsec. (c)(5)(C). Pub. L. 100–590, § 120(b), substituted       fining ‘‘preferred lenders program’’.
‘‘business or other concern, including agricultural co-               Subsec. (a)(15)(B)(i). Pub. L. 99–514 substituted ‘‘Inter-
operatives,’’ for ‘‘business concern’’.                            nal Revenue Code of 1986’’ for ‘‘Internal Revenue Code
   Subsec. (c)(6). Pub. L. 100–590, § 122, substituted ‘‘refi-     of 1954’’, which for purposes of codification was trans-
nancing: Provided further, That the Administration                 lated as ‘‘title 26’’ thus requiring no change in text.
shall not require collateral for loans of $10,000 or less             Subsec. (a)(16). Pub. L. 99–272, § 18007, added par. (16).
which are made under paragraph (1) of subsection (b)’’.               Subsec. (b). Pub. L. 99–272, § 18006(a)(1), in provision
for ‘‘refinancing’’.                                               preceding par. (1) substituted ‘‘Except as to agricul-
   Subsec. (c)(7). Pub. L. 100–590, § 120(a), added par. (7).      tural enterprises as defined in section 647(b)(1) of this
   Subsec. (f). Pub. L. 100–707, § 109(f)(3), substituted          title, the,’’ for ‘‘The’’, struck out par. (3) which author-
‘‘section 102(2) of the Disaster Relief and Emergency              ized loans, each one not to exceed $500,000, to any small
Assistance Act’’ for ‘‘section 2(a) of the Act of Sep-             business concern to effect continuation of, additions to,
tember 30, 1950 (42 U.S.C. 1855a(a))’’.                            alterations in, or reestablishment in the same or a new
   Subsec. (j)(3)(A). Pub. L. 100–656, § 505(h), struck out        location of its plant, facilities, or methods or operation
subpar. (A) which read as follows: ‘‘An advisory com-              caused by direct action of the Federal Government or
mittee composed of five high-level officers from five              as a consequence of Federal Government action pro-
United States businesses and five representatives of               vided that the applicant was unable to obtain credit
minority small businesses shall be created to facilitate           elsewhere, and struck out par. (4) which authorized dis-
the achievement of the purposes of this paragraph. The             aster loans, each one not to exceed $100,000, to any
members of the advisory committee shall be appointed               small business concern located in an area of economic
by the President. The chairman of the advisory com-                dislocation that was the result of the drastic fluctua-
mittee, who shall be designated by the President shall             tion in the value of the currency of a country contig-
report annually to the President and to the Congress on            uous to the United States and adjustments in the regu-
the activities of the advisory committee.’’                        lation of its monetary system if such concern was un-
   Subsec. (j)(10)(A)(i). Pub. L. 100–656, § 205(a), amended       able to obtain credit elsewhere.
cl. (i) generally. Prior to amendment, cl. (i) read as fol-           Subsec. (c)(4). Pub. L. 99–272, § 18006(a)(2), struck out
lows: ‘‘assist small business concerns participating in            provision following subpar. (D) which provided that
the Program to develop comprehensive business plans                loans, subject to reductions under subpars. (A) and (B)
with specific business targets, objectives, and goals for          of par. (1), be in amounts equal to 100 percent of loss if
correcting the impairment of such concern’s ability to             the applicant was a homeowner and 85 percent if the
compete, as determined for such concern pursuant to                applicant was a business or otherwise, the interest rate
section 637(a)(6) of this title, within a fixed period of          for loans under pars. (1) and (2) be the rate of interest
time as mutually agreed upon by the applicant and the              in effect on the date the disaster commenced, and the
Administrator prior to acceptance in such program:                 Administrator, in his discretion, waive the $500,000 lim-
Provided, That not less than one year prior to the expi-           itation on the total amount outstanding and com-
ration of such period, and upon the request of such con-           mitted to the borrower under this subsection if the ap-
cern, the Administration shall review such period and              plicant constituted a major source of employment in
may extend such period as necessary and appropriate:               an area suffering a disaster.
Provided further, That no determination made under                    1984—Subsec. (b)(2). Pub. L. 98–270, § 311(1), (3), sub-
this paragraph shall be considered a denial of total par-          stituted in provisions preceding subpar. (A) ‘‘small
ticipation for the purposes of section 637(a)(9) of this           business concern or small agricultural cooperative’’ for
title;’’.                                                          ‘‘small business concern’’ and ‘‘the concern or the coop-
   Subsec. (j)(10)(C). Pub. L. 100–656, § 205(b)(1), (2), redes-   erative’’ for ‘‘the concern’’.
ignated subpar. (D) as (C) and struck out former sub-                 Subsec. (b)(2)(D). Pub. L. 98–270, § 311(2), substituted
par. (C) which read as follows: ‘‘No small business con-           ‘‘small business concerns or small agricultural coopera-
cern shall receive a contract pursuant to section 637(a)           tives’’ for ‘‘small business concerns’’.
of this title unless—                                                 Subsec. (b)(3). Pub. L. 98–270, § 308, inserted ‘‘continu-
     ‘‘(i) the business plan required pursuant to para-            ation of,’’ after ‘‘in effecting’’ and inserted provision di-
   graph (10)(A)(i) is approved by the Administration;             recting that, for purposes of this paragraph, the impact
   and                                                             of the 1983 Payment-in-Kind Land Diversion program,
     ‘‘(ii) the program is able to provide such concern            or any successor Payment-in-Kind program with a
   with, but not limited to, such management, technical            similar impact on the small business community, be
   and financial services as may be necessary to achieve           deemed to be a consequence of Federal Government ac-
   the targets, objectives, and goals of such business.’’          tion.
   Subsec. (j)(10)(D). Pub. L. 100–656, § 205(b)(2), (3), added       Subsec. (b)(4). Pub. L. 98–270, § 304(2), added par. (4).
subpar. (D). Former subpar. (D) redesignated (C).                     Subsec. (c). Pub. L. 98–270, § 301, added undesignated
   Pub. L. 100–656, § 203, added subpar. (D).                      par. following par. (6).
   Subsec. (j)(10)(E) to (H). Pub. L. 100–656, § 208, added           Subsec. (c)(5). Pub. L. 98–270, § 301, added par. (5).
subpars. (E) to (H).                                                  Subsec. (c)(6). Pub. L. 98–270, § 301, added par. (6).
   Subsec. (j)(10)[(I)]. Pub. L. 100–656, § 303(a), as amended        Pub. L. 98–270, § 309, inserted provision directing that
by Pub. L. 101–37, § 10(a), added new subpar. without              employees of concerns sharing common business prem-
§ 636                                 TITLE 15—COMMERCE AND TRADE                                                Page 862

ises be aggregated in determining ‘‘major source of em-          Subsec. (b)(1). Pub. L. 97–35, § 1911, revised provisions
ployment’’ status for nonprofit applicants owning such         to specifically authorize loans only to repair, rehabili-
premises.                                                      tate, or replace property, real or personal, damaged or
  Subsec. (d)(1). Pub. L. 98–395 substituted provisions        destroyed, and is not compensated for by insurance or
stating that the Administration shall not fund any             otherwise, and to refinance any mortgage or other lien
Small Business Development Center except as author-            against a totally destroyed or substantially damaged
ized for former provisions which prohibited such fund-         home or business concern upon finding that the appli-
ing only after October 1, 1980.                                cant is not able to obtain credit elsewhere, that such
  1981—Subsec. (a). Pub. L. 97–35, § 1902, substituted pro-    property is to be repaired, rehabilitated, or replaced,
visions empowering the Administration to the extent            that the amount refinanced shall not exceed the loss,
and in such amounts as provided in advance in appro-           and that the amount shall be reduced to the extent
priation acts, for plant acquisition, construction, con-       such mortgage or lien is satisfied by insurance or oth-
version, or expansion, including the acquisition of land,      erwise.
material, supplies, equipment, and working capital,              Subsec. (b)(2). Pub. L. 97–35, § 1911, revised provisions
and to make loans to qualified small business concerns         to continue to authorize loans to business concerns
including those owned by qualified Indian tribes, for          which the Administration determines to have suffered
purposes of this chapter, and that financing may be            substantial economic injury as a result of a physical
made either directly or in cooperation with banks or           disaster as declared under certain pertinent triggering
other financial institutions through agreements to par-        legislation.
ticipate on an immediate or deferred basis for provi-            Subsec. (b)(3) to (9). Pub. L. 97–35, § 1913(a), designated
sions empowering the Administration to make loans to           existing provisions of par. (5) as (3) with minor changes,
enable small business concerns and such concerns whol-         and struck out pars. (3), (4), and (6) to (9) relating to
ly owned by Indian tribes to finance plant construc-           non-physical disaster loans.
tion, conversion, or expansion, including the acquisi-           Subsec. (c)(3). Pub. L. 97–35, § 1914, substituted ‘‘effec-
tion of land, or to finance residential or commercial          tive date of this Act’’ for ‘‘to October 1, 1983’’.
construction or rehabilitation, for sale, with a proviso         Subsec. (c)(4). Pub. L. 97–35, § 1912, added par. (4).
that such loans shall not be used primarily for the ac-          Subsec. (g). Pub. L. 97–35, § 1913(c), repealed subsec. (g)
quisition of land, or to finance the acquisition of equip-     which related to loans to small business concerns for
ment, facilities, machinery, supplies, or materials, or        water pollution control facilities.
to supply such concerns with working capital to be               1980—Subsec. (a). Pub. L. 96–481, § 112, inserted provi-
used in the manufacture of articles, equipment, sup-           sions preceding par. (1) empowering the Administration
plies, or materials for war, defense, or civilian produc-      to the extent and in such amounts as are provided in
tion or as may be necessary to insure a well-balanced          appropriation acts to make or effect either directly or
national economy, and that such loans may be made or           in cooperation with banks or other lending institutions
effected either directly or in cooperation with banks or       through agreements to participate on an immediate or
other lending institutions through agreements to par-          deferred basis extensions and revolving lines of credit
ticipate on an immediate or deferred basis.                    for export purposes to enable small business concerns
  Subsec. (a)(6)(C). Pub. L. 97–35, § 1910, repealed subpar.   to develop foreign markets and for preexport financing,
(C) which read as follows: ‘‘the Administration shall
                                                               with proviso limiting the extension of credit or revolv-
not decline to participate in a loan on a deferred basis
                                                               ing line of credit to a period of eighteen months.
under this subsection solely because such loan will be           Subsec. (a)(8). Pub. L. 96–302, § 505, added par. (8).
used to refinance all or any part of the existing indebt-        Subsec. (b). Pub. L. 96–302, § 124, which directed that
edness of a small business concern, unless the Adminis-        cl. (E), respecting duplication of disaster benefits, be
tration determines that—                                       added at end of subsec. (b), was executed by inserting
     ‘‘(i) the holder of such existing indebtedness is in a
                                                               cl. (E) following cl. (D) in next to last par. of subsec. (b)
  position likely to sustain a loss if such refinancing is
                                                               as the probable intent of Congress.
  not provided, and
     ‘‘(ii) if the Administration provides such refi-            Subsec. (b)(4). Pub. L. 96–302, § 123, substituted ‘‘other
  nancing through an agreement to participate on a de-         causes’’ for ‘‘undetermined causes’’ and made the small
  ferred basis, it will be in a position likely to sustain     business concern ineligible for loan assistance when the
  part or all of any loss which would have otherwise           concern intentionally adulterates its product in at-
  been sustained by the holder of the original indebted-       tempting to establish eligibility under the loan assist-
  ness: Provided further, That the Administration may          ance program.
  decline to approve such refinancing if it determines           Subsec. (b)(8). Pub. L. 96–302, § 122, authorized loans to
  that the loan will not benefit the small business con-       assist small business concern affected by a shortage of
  cern.’’                                                      coal or other energy-producing resource caused by a
  Subsec. (a)(8). Pub. L. 97–35, § 1910, repealed par. (8)     strike, boycott, or embargo, unless the strike, boycott,
which read as follows: ‘‘(8)(A) Any loan made under the        or embargo is directly against the small business con-
authority of this subsection by the Administration in          cern.
cooperation with a bank or other lending institution             Subsec. (c)(3). Pub. L. 96–302, § 119(a), (b), added sub-
through an agreement to participate on a deferred              par. (C) and extended disaster loans to disasters occur-
basis, may, upon the concurrence of the Administra-            ring prior to Oct. 1, 1983, instead of Oct. 1, 1982.
tion, borrower and such bank or institution, have the            Subsec. (d)(1). Pub. L. 96–302, § 203, substituted provi-
term of such loan extended or such loan refinanced             sions respecting: funding of small business development
with an extension of its term: Provided, That the aggre-       centers under section 648 of this title on and after Oct.
gate term of such extended or refinanced loan does not         1, 1980; operation of such centers funded prior to Oct. 1,
exceed the term permitted pursuant to paragraph (5):           1979; and prescribing $300,000 limitation for fiscal year
And provided further, That such extended loans, or             1980, for such centers funded in fiscal year 1979, for pro-
refinancings shall be repaid in equal installments of          visions respecting grants for studies research, and
principal and interest.                                        counseling concerning the managing, financing, and op-
  ‘‘(B) An additional service fee not exceeding 1 per          eration of small-business enterprises; study and re-
centum of the outstanding amount of the principal may          search recommendation; and conditions, now covered
be paid by the borrower to the lender in consideration         in section 648(a) of this title.
for such lender extending the term or refinancing of             Subsec. (j)(10). Pub. L. 96–481, § 104, in opening para-
such borrower’s indebtedness if such extension or refi-        graph substituted provision that the program and all
nancing results in the term of such indebtedness ex-           other services and activities authorized under this sub-
ceeding ten years.                                             section and section 637(a) of this title shall be managed
  ‘‘(C) The authority provided in this paragraph shall         by the Associate Administrator for Minority Small
not be construed to otherwise limit the authority of           Business and Capital Ownership Development under the
the Administration to set terms and conditions of the          Supervision of, and responsible to the Administrator,
loan.’’                                                        for provision that the management of the program
Page 863                              TITLE 15—COMMERCE AND TRADE                                                       § 636

shall be vested in the Associate Administrator for Mi-         in whole or in part by the Federal Government or by a
nority Small Business and Capital Ownership Develop-           program or project by a State or local government or
ment who shall also manage all other services and ac-          public service entity, providing such government or
tivities authorized under this subsection and section          public service entity has the authority to exercise the
637(a) of this title.                                          right of eminent domain on such program or project’’
  Subsec. (j)(10)(A)(i). Pub. L. 96–481, § 106(a), sub-        for ‘‘federally aided urban renewal program or a high-
stituted ‘‘targets, objectives, and goals for correcting       way project or any other construction constructed by
the impairment of such concern’s ability to compete, as        or with funds provided in whole or in part by the Fed-
determined for such concern pursuant to section                eral Government’’.
637(a)(6) of this title, within a fixed period of time as         Subsec. (b)(5). Pub. L. 95–89, § 302, inserted ‘‘heretofore
mutually agreed upon by the applicant and the Admin-           or hereafter enacted’’ after ‘‘any Federal law’’.
istrator prior to acceptance in such program: Provided,           Subsec. (b)(9). Pub. L. 95–89, § 404, added par. (9).
That not less than one year prior to the expiration of            Subsec. (g)(4). Pub. L. 95–89, § 101(e), repealed par. (4)
such period, and upon the request of such concern, the         which authorized appropriation of not to exceed
Administration shall review such period and may ex-            $800,000,000 to the disaster fund solely for purpose of
tend such period as necessary and appropriate; Provided        carrying out subsec. (g) loans to small business con-
further, That no determination made under this para-           cerns for water pollution control facilities.
graph shall be considered a denial of participation for           1976—Subsec. (a)(1). Pub. L. 94–305, § 112(c), inserted
the purposes of section 637(a)(9) of this title’’ for ‘‘tar-   reference to non-Federal sources.
gets, objectives and goals’’.                                     Subsec. (a)(4)(A). Pub. L. 94–305, § 111, substituted
  Subsec. (j)(10)(C). Pub. L. 96–481, § 107, in the condi-     ‘‘$500,000: Provided, That no such loan made or effected
tions required to receive a contract by a small business       either directly or in cooperation with banks or other
concern, substituted provisions that the business plan         lending institutions through agreements to participate
be approved by the Administration and that the pro-            on an immediate basis shall exceed $350,000’’ for
gram be able to provide the concern with management,           ‘‘$350,000’’.
technical and financial services necessary to achieve             Subsec. (a)(4)(C). Pub. L. 94–305, § 108(b), substituted
the targets, objectives and goals of such business, for        provision relating to a twenty year maturity period for
provision that the program be able to provide the con-         any portion of loan made for the purpose of acquiring
cern with management, technical and financial services         real property or constructing facilities for provision re-
as may be necessary to promote the competitive viabil-         lating to a ten year maturity for portion of loan made
ity of the concern within a reasonable period of time.         for purpose of constructing facilities.
  1979—Subsec. (b) following par. (9). Pub. L. 96–38 in-          Subsec. (b). Pub. L. 94–305, § 114, in provisions fol-
serted ‘‘, except as provided in subsection (c) of this        lowing par. (8), substituted provisions requiring inter-
section,’’ after ‘‘the interest rate on the Administra-        est rate on Administration’s share of any loan made
tion’s share of any loan made under this subsection’’ in       under this subsection not to exceed the average annual
first unnumbered paragraph.                                    interest rate on all interest-bearing obligations of the
  Subsec. (c)(3). Pub. L. 96–38 added par. (3).                United States then forming a part of the public debt for
  1978—Subsec. (a). Pub. L. 95–507, § 231, inserted provi-     provisions requiring interest rate on Administration’s
sion including small-business concerns totally owned           share of any loan made under this subsection not to ex-
and controlled by Indian tribes within the scope of this       ceed 3 per centum per annum except for loans made
section.                                                       under pars. (3), (5), (6), (7), or (8) in which the interest
  Subsec. (d). Pub. L. 95–315, § 3, designated existing        will not exceed either 23⁄4 per centum per annum or the
provisions as par. (1) and added par. (2).                     average annual interest rate of all interest-bearing ob-
  Subsec. (j). Pub. L. 95–507, § 204, included individuals     ligations of the United States then forming a part of
and enterprises eligible for assistance under par. (10) of     the public debt.
this subsection and section 637(a) of this title among            Subsec. (b)(4). Pub. L. 94–305, § 112(d), struck out pro-
those eligible for assistance under this section, pro-         viso that loans under subsec. (b)(4) of this section in-
vided for the establishment of the small business and          clude loans to persons who are engaged in business of
capital ownership development program, and provided            raising livestock, and who suffer substantial injury as
for the coordination of certain Federal policies under         a result of animal disease.
this section by the Associate Administrator for Minor-            Subsec. (i)(1), (3). Pub. L. 94–305, § 109, substituted
ity Small Business and Capital Ownership Develop-              ‘‘$100,000’’ for ‘‘$50,000’’.
ment.                                                             1974—Subsec. (a)(4)(B). Pub. L. 93–386, § 8, substituted
  Subsec. (k). Pub. L. 95–507, § 205, inserted reference to    provisions for determining the rate of interest for the
section 637(a).                                                Administration’s share of any loan for provisions set-
  Subsec. (k)(4). Pub. L. 95–510 substituted ‘‘the daily       ting forth the rate of interest for the Administration’s
equivalent of the highest rate payable under section           share of any loan as not more than 51⁄2 per centum per
5332 of title 5’’ for ‘‘$100 per diem’’.                       annum.
  Subsec. (l). Pub. L. 95–315, § 2, added subsec. (l).            Subsec. (a)(5)(B). Pub. L. 93–386, § 8, substituted provi-
  1977—Subsec. (a). Pub. L. 95–89, § 301, authorized loans     sions for determining the rate of interest for the Ad-
to finance residential or commercial construction or           ministration’s share of any loan for provisions setting
rehabilitation for sale, subject to restriction that such      forth the rate of interest for the Administration’s share
loans be not used primarily for the acquisition of land.       of any loan as not less than 3 nor more than 5 per cen-
  Subsec. (a)(8). Pub. L. 95–89, § 101(d), repealed par. (8)   tum per annum.
which required the Administrator to make direct loans             Subsec. (a)(8). Pub. L. 93–386, § 12, added par. (8).
under subsec. (a) in an aggregate amount of not less              Subsec. (b)(4). Pub. L. 93–237, § 5, inserted proviso that
than $400,000,000 during fiscal year ending June 30, 1975.     loans under this paragraph include loans to persons
  Subsec. (b). Pub. L. 95–89, § 405, inserted following par.   who are engaged in the business of raising livestock
(9) provisions respecting interest rate on loans to repair     and who suffer substantial economic injury as a result
or replace primary residence and/or replace or repair          of animal disease.
damaged or destroyed personal property, including in-             Subsec. (b)(5) to (7). Pub. L. 93–237, §§ 2(a), (b), 6, con-
stallation of insulation in connection with any disaster       solidated into a single par. (5) the authority of the
occurring on or after April 1, 1977, and transmission of       Small Business Administration contained in former
a report to congressional committees respecting the ac-        par. (5) to make loans to small business concerns to
tivities under the provisions and the encouragement of         meet the requirements of the Federal Coal Mine Health
such insulation installations.                                 and Safety Act of 1969, the Egg Products Inspection
  Subsec. (b)(2)(C) to (E). Pub. L. 95–89, § 403, added sub-   Act, the Wholesome Poultry Products Act, and the
pars. (C) to (E).                                              Wholesome Meat Act, and former par. (6) to make loans
  Subsec. (b)(3). Pub. L. 95–89, § 402, substituted ‘‘pro-     to small business concerns to meet the requirements of
gram or project constructed by or with funds provided          the Occupational Safety and Health Act of 1970, ex-
§ 636                                    TITLE 15—COMMERCE AND TRADE                                                   Page 864

panded such authority to finance structural, oper-                  loan and adjusted to the nearest one-eighth of 1 per
ational, or other changes required in order to meet                 centum, plus one-quarter of 1 per centum per annum.
standards imposed by Federal laws, or by State laws                   Subsec. (d). Pub. L. 87–305 empowered the Administra-
enacted in conformity with Federal laws, redesignated               tion to make grants to any corporation formed by two
former par. (7) as par. (6), and added par. (7).                    or more eligible entities described in the text, author-
  Subsec. (b)(8). Pub. L. 93–386, § 9(a), added par. (8).           ized it to recommend to grant applicants particular
  Subsec. (b). Pub. L. 93–386, § 9(b), substituted ‘‘para-          studies or research, eliminated the limitation of one
graph (3), (5), (6), (7), or (8)’’ for ‘‘paragraph (3), (5), (6),   grant to a State, and conditioned grants to the pro-
or (7)’’ in first par. following the numbered pars.                 curement of additional amounts from sources other
  Subsecs. (g), (h). Pub. L. 93–237, § 3(a), redesignated           than the Administration.
subsec. (g), relating to loans to handicapped persons                 1959—Subsec. (d). Pub. L. 86–367 struck out provision
and organizations for handicapped, as (h).                          for making the grants from the fund established in the
  Subsec. (h)(2). Pub. L. 93–386, § 3(2), inserted ‘‘The Ad-        Treasury by section 602(b) of the Small Business Invest-
ministration’s share of’’ before ‘‘any loan’’.                      ment Act of 1958.
  Subsecs. (i) to (k). Pub. L. 93–386, § 2(a)(4), added sub-          1958—Subsec. (d). Pub. L. 85–699 added subsec. (d).
secs. (i) to (k).
  1972—Subsec. (b). Pub. L. 92–385 added par. (7), and in                  Statutory Notes and Related Subsidiaries
text following the numbered paragraphs, inserted pro-
visions relating to the administration of the disaster                                   CHANGE OF NAME
loan program in relation to disasters occurring between               Committee on Small Business of Senate changed to
January 1, 1971, and July 1, 1973.                                  Committee on Small Business and Entrepreneurship of
  Subsec. (g). Pub. L. 92–595 added subsec. (g) relating            Senate. See Senate Resolution No. 123, One Hundred
to loans to handicapped persons and organizations for               Seventh Congress, June 29, 2001. Previously, Select
handicapped.                                                        Committee on Small Business of Senate became Com-
  Pub. L. 92–500 added subsec. (g) relating to loans to
                                                                    mittee on Small Business of Senate. See Senate Reso-
small business concerns for water pollution control fa-
                                                                    lution No. 101, Ninety-Seventh Congress, Mar. 25, 1981.
cilities.
  1970—Subsec. (b). Pub. L. 91–597 added par. (5) relating                    EFFECTIVE DATE OF 2021 AMENDMENT
to loans for additions or alterations required under the
Egg Products Inspection Act, etc., and inserted ref-                  Pub. L. 117–2, title V, § 5001(c)(3), Mar. 11, 2021, 135
erence to such par. (5).                                            Stat. 84, provided that: ‘‘The amendments made by this
  Pub. L. 91–596 added par. (6) and inserted reference to           subsection [amending this section and section 636m of
par. (6) after reference to par. (5).                               this title] shall apply only with respect to applications
  1969—Subsec. (b). Pub. L. 91–173 added par. (5), and in-          for forgiveness of covered loans made under paragraphs
serted reference to par. (5) after reference to par. (3).           (36) or (37) of section 7(a) of the Small Business Act [15
  1968—Subsec. (b)(1). Pub. L. 90–448 empowered the Ad-             U.S.C. 636(a)(36), (37)], as amended by the Economic Aid
ministration to make loans because of riots or civil dis-           to Hard-Hit Small Businesses, Nonprofits, and Venues
orders.                                                             Act (title III of division N of Public Law 116–260), that
  Subsec. (b)(3). Pub. L. 90–495 added continuing in busi-          are received on or after the date of the enactment of
ness at its existing location, purchasing a business, and           this Act [Mar. 11, 2021].’’
establishing a new business to the list of purposes for                       EFFECTIVE DATE OF 2020 AMENDMENT
which loans may be made, and extended the causes of
substantial economic injury of the concern involved to                Pub. L. 116–260, div. N, title III, § 304(c), Dec. 27, 2020,
include its location in, adjacent to, or near a federally           134 Stat. 1996, provided that:
aided urban renewal program, highway project, or                      ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
other construction project using federal funds.                     the amendments made by subsections (a) and (b) [trans-
  1967—Subsec. (a)(4). Pub. L. 90–104, § 103, extended ma-          ferring section 9005 of this title to section 636m of this
turity date for construction loans from ten to fifteen              title and amending this section and sections 636m and
years.                                                              9008 of this title] shall be effective as if included in the
  Subsec. (f). Pub. L. 90–104, § 104, redesignated subsec.          CARES Act (Public Law 116–136; 134 Stat. 281) and shall
(e), added by Pub. L. 89–769, as (f).                               apply to any loan made pursuant to section 7(a)(36) of
  1966—Subsec. (e). Pub. L. 89–409 added subsec. (e).               the Small Business Act (15 U.S.C. 636(a)(36)) before, on,
  Pub. L. 89–769 added subsec. (e) which provided for as-           or after the date of enactment of this Act [Dec. 27,
sistance to privately owned higher education in major               2020], including forgiveness of such a loan.
disaster areas and repayment.                                         ‘‘(2) EXCLUSION OF LOANS ALREADY FORGIVEN.—The
  1965—Subsec. (b). Pub. L. 89–59, § 1(a), increased the            amendments made by subsections (a) and (b) shall not
maturity of disaster loans from twenty to thirty years,             apply to a loan made pursuant to section 7(a)(36) of the
and authorized suspension of principal and interest                 Small Business Act (15 U.S.C. 636(a)(36)) for which the
payments and extension of date of maturity for five                 borrower received forgiveness before the date of enact-
year period.                                                        ment of this Act under section 1106 of the CARES Act
  Subsec. (c). Pub. L. 89–59, § 1(b), designated existing           [15 U.S.C. 9005], as in effect on the day before such date
provisions as par. (1) and added par. (2).                          of enactment.’’
  1964—Subsecs. (b)(2), (4). Pub. L. 88–264 extended pro-             Pub. L. 116–260, div. N, title III, § 308(b), Dec. 27, 2020,
visions of par. (2) to any small business affected by dis-          134 Stat. 2000, provided that: ‘‘The amendment made by
asters other than drought or excessive rainfall and                 subsection (a) [amending this section] shall be effective
added par. (4) for disaster loans to any such business              as if included in the CARES Act (Public Law 116–136;
suffering economic injuries through natural or undeter-             134 Stat. 281) and shall apply to any loan made pursu-
mined causes.                                                       ant to section 7(a)(36) of the Small Business Act (15
  Subsec. (b)(3). Pub. L. 88–560 provided that the pur-             U.S.C. 636(a)(36)) before, on, or after the date of enact-
poses of a loan under this paragraph may include the                ment of this Act [Dec. 27, 2020], including forgiveness of
purchase or construction of other premises whether or               such a loan.’’
not the borrower owned the premises from which it was                 Pub. L. 116–260, div. N, title III, § 310(a)(2), Dec. 27,
displaced.                                                          2020, 134 Stat. 2000, provided that: ‘‘The amendment
  1961—Subsec. (b). Pub. L. 87–70 added par. (3), and in-           made by paragraph (1) [amending this section] shall be
serted provisions limiting the interest rate in the case            effective as if included in the CARES Act (Public Law
of loans made pursuant to par. (3) to not more than the             116–136; 134 Stat. 281) and shall apply to any loan made
higher of (A) 23⁄4 per centum per annum, or (B) the aver-           pursuant to section 7(a)(36) of the Small Business Act
age annual interest rate on all interest-bearing obliga-            (15 U.S.C. 636(a)(36)) before, on, or after the date of en-
tions forming a part of the public debt as computed at              actment of this Act [Dec. 27, 2020], including forgive-
the end of the fiscal year next preceding the date of the           ness of such a loan.’’
Page 865                               TITLE 15—COMMERCE AND TRADE                                                        § 636

  Pub. L. 116–260, div. N, title III, § 313(b), Dec. 27, 2020,   116–136; 134 Stat. 281) and shall apply to any loan made
134 Stat. 2009, provided that:                                   pursuant to section 7(a)(36) of the Small Business Act
  ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),         (15 U.S.C. 636(a)(36)) before, on, or after the date of en-
the amendments made by subsection (a) [amending this             actment of this Act [Dec. 27, 2020], including forgive-
section] shall be effective as if included in the CARES          ness of such a loan.’’
Act (Public Law 116–136; 134 Stat. 281) and shall apply            Pub. L. 116–260, div. N, title III, § 339(a), (c), Dec. 27,
to any loan made pursuant to section 7(a)(36) of the             2020, 134 Stat. 2049, provided that:
Small Business Act (15 U.S.C. 636(a)(36)) before, on, or           ‘‘(a) DEFINITIONS.—In this section [amending this sec-
after the date of enactment of this Act [Dec. 27, 2020],         tion and enacting this note], the terms ‘covered loan’
including forgiveness of such a loan.                            and ‘eligible recipient’ have the meanings given the
  ‘‘(2) EXCLUSION OF LOANS ALREADY FORGIVEN.—The                 terms in section 7(a)(36)(A) of the Small Business Act
amendments made by subsection (a) shall not apply to             (15 U.S.C. 636(a)(36)(A)).
a loan made pursuant to section 7(a)(36) of the Small              ‘‘(c) APPLICABILITY.—The amendment made by sub-
Business Act (15 U.S.C. 636(a)(36)) for which the bor-           section (b) [amending this section] may apply with re-
rower received forgiveness before the date of enactment          spect to a covered loan made before the date of enact-
of this Act under section 1106 of the CARES Act [15              ment of this Act [Dec. 27, 2020], upon the agreement of
U.S.C. 9005], as in effect on the day before such date of        the lender and the eligible recipient with respect to the
enactment.’’                                                     covered loan.’’
  Pub. L. 116–260, div. N, title III, § 315(c), Dec. 27, 2020,     Pub. L. 116–260, div. N, title III, § 340(b)(2), Dec. 27,
134 Stat. 2011, provided that: ‘‘The amendments made             2020, 134 Stat. 2050, provided that: ‘‘The amendment
by subsections (a) and (b) [amending this section and            made by paragraph (1) [amending this section] shall be
section 636m of this title] shall be effective as if in-         effective as if included in the CARES Act (Public Law
cluded in the CARES Act (Public Law 116–136; 134 Stat.           116–136; 134 Stat. 281) and shall apply to any loan made
281) and shall apply to any loan made pursuant to sec-           pursuant to section 7(a)(36) of the Small Business Act
tion 7(a)(36) of the Small Business Act (15 U.S.C.               (15 U.S.C. 636(a)(36)) before, on, or after the date of en-
636(a)(36)) before, on, or after the date of enactment of        actment of this Act [Dec. 27, 2020], including forgive-
this Act [Dec. 27, 2020], including forgiveness of such a        ness of such a loan.’’
loan.’’                                                            Pub. L. 116–260, div. N, title III, § 343(b), Dec. 27, 2020,
  Pub. L. 116–260, div. N, title III, § 326(a)(2), Dec. 27,      134 Stat. 2051, provided that: ‘‘The amendment made by
2020, 134 Stat. 2036, provided in part that the amend-           subsection (a) [amending this section] shall be effective
ment made by section 326(a)(2) of Pub. L. 116–260 is ef-         as if included in the CARES Act (Public Law 116–136;
fective Oct. 1, 2021.                                            134 Stat. 281) and shall apply to any loan made pursu-
  Pub. L. 116–260, div. N, title III, § 326(b)(2)(B), Dec. 27,   ant to section 7(a)(36) of the Small Business Act (15
2020, 134 Stat. 2037, provided in part that the amend-           U.S.C. 636(a)(36)) before, on, or after the date of enact-
ment made by section 326(b)(2)(B) of Pub. L. 116–260 is          ment of this Act [Dec. 27, 2020], including forgiveness of
effective Oct. 1, 2021.                                          such a loan.’’
  Pub. L. 116–260, div. N, title III, § 329(a)(2), Dec. 27,        Pub. L. 116–260, div. N, title III, § 348, Dec. 27, 2020, 134
2020, 134 Stat. 2042, provided in part that the amend-           Stat. 2052, provided that: ‘‘Except as otherwise provided
ment made by section 329(a)(2) of Pub. L. 116–260 is ef-         in this Act [probably means ‘‘this title’’, title III of div.
fective Oct. 1, 2021.                                            N of Pub. L. 116–260, see Tables for classification], this
  Pub. L. 116–260, div. N, title III, § 335(b), Dec. 27, 2020,   Act and the amendments made by this Act shall take
134 Stat. 2047, provided that: ‘‘The amendment made by           effect on the date of enactment of this Act [Dec. 27,
subsection (a) [amending this section] shall be effective        2020] and apply to loans and grants made on or after the
as if included in the CARES Act (Public Law 116–136;             date of enactment of this Act.’’
134 Stat. 281) and shall apply to any loan made pursu-             Pub. L. 116–142, § 2(b), June 5, 2020, 134 Stat. 641, pro-
ant to section 7(a)(36) of the Small Business Act (15            vided that: ‘‘The amendment made by this section
U.S.C. 636(a)(36)) before, on, or after the date of enact-       [amending this section] shall take effect on the date of
ment of this Act [Dec. 27, 2020], including forgiveness of       the enactment of this Act [June 5, 2020] and shall apply
such a loan.’’                                                   to any loan made pursuant to section 7(a)(36) of the
  Pub. L. 116–260, div. N, title III, § 336(b), Dec. 27, 2020,   Small Business Act (15 U.S.C. 636(a)(36)) on or after
134 Stat. 2048, provided that:                                   such date. Nothing in this Act [see Short Title of 2020
  ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),         Amendment note set out under section 631 of this title],
the amendment made by subsection (a) [amending this              the CARES Act (Public Law 116–136) [see Short Title
section] shall be effective as if included in the CARES          note set out under section 9001 of this title], or the Pay-
Act (Public Law 116–136; 134 Stat. 281) and shall apply          check Protection Program and Health Care Enhance-
to any loan made pursuant to section 7(a)(36) of the             ment Act (Public Law 116–139) [see Short Title of 2020
Small Business Act (15 U.S.C. 636(a)(36)) before, on, or         Amendment note set out under section 9001 of this
after the date of enactment of this Act [Dec. 27, 2020],         title] shall be construed to prohibit lenders and bor-
including forgiveness of such a loan.                            rowers from mutually agreeing to modify the maturity
  ‘‘(2) EXCLUSION OF LOANS ALREADY FORGIVEN.—The                 terms of a covered loan described in subparagraph (K)
amendment made by subsection (a) shall not apply to              of such section [15 U.S.C. 636(a)(36)(K)] to conform with
a loan made pursuant to section 7(a)(36) of the Small            requirements of this section.’’
Business Act (15 U.S.C. 636(a)(36)) for which the bor-             Pub. L. 116–142, § 3(d), June 5, 2020, 134 Stat. 643, pro-
rower received forgiveness before the date of enactment          vided that: ‘‘The amendments made by this section
of this Act under section 1106 of the CARES Act [15              [amending this section and section 9005 of this title]
U.S.C. 9005], as in effect on the day before such date of        shall be effective as if included in the CARES Act (Pub-
enactment.’’                                                     lic Law 116–136) [see Short Title note set out under sec-
  Pub. L. 116–260, div. N, title III, § 337(b), Dec. 27, 2020,   tion 9001 of this title] and shall apply to any loan made
134 Stat. 2048, provided that: ‘‘The amendment made by           pursuant to section 7(a)(36) of the Small Business Act
subsection (a) [amending this section] shall be effective        (15 U.S.C. 636(a)(36)) or section 1109 of the CARES Act
as if included in the CARES Act (Public Law 116–136;             [15 U.S.C. 9008].’’
134 Stat. 281) and shall apply to any loan made pursu-             Pub. L. 116–136, div. A, title I, § 1102(c)(2), Mar. 27,
ant to section 7(a)(36) of the Small Business Act (15            2020, 134 Stat. 294, as amended by Pub. L. 116–260, div.
U.S.C. 636(a)(36)) before, on, or after the date of enact-       N, title III, § 326(b)(1), Dec. 27, 2020, 134 Stat. 2036, pro-
ment of this Act [Dec. 27, 2020], including forgiveness of       vided in part that the amendment made by section
such a loan.’’                                                   1102(c)(2) of Pub. L. 116–136 is effective on Oct. 1, 2021.
  Pub. L. 116–260, div. N, title III, § 338(b), Dec. 27, 2020,
134 Stat. 2048, provided that: ‘‘The amendments made                       EFFECTIVE DATE OF 2019 AMENDMENT
by subsection (a) [amending this section] shall be effec-          Pub. L. 116–92, div. A, title VIII, § 877(b), Dec. 20, 2019,
tive as if included in the CARES Act (Public Law                 133 Stat. 1529, provided that: ‘‘The amendments made
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                   Page 866

by subsection (a)(1) [amending this section] shall apply           subsection (a) [amending this section] shall take effect
to an economic injury suffered or likely to be suffered            on the date of enactment of this Act [Dec. 8, 2004].’’
as the result of an essential employee being ordered to              Pub. L. 108–447, div. K, title I, § 103(b), Dec. 8, 2004, 118
perform active service (as defined in section 101(d)(3) of         Stat. 3444, provided that: ‘‘The amendment made by
title 10, United States Code) for a period of more than            subsection (a) [amending this section] shall take effect
30 consecutive days who is discharged or released from             on the date of enactment of this Act [Dec. 8, 2004].’’
such active service on or after the date of enactment of             Pub. L. 108–447, div. K, title I, § 107(c), Dec. 8, 2004, 118
this Act [Dec. 20, 2019].’’                                        Stat. 3446, provided that: ‘‘The amendments made by
                                                                   this section [amending this section] shall take effect on
          EFFECTIVE DATE OF 2015 AMENDMENT
                                                                   the date of enactment of this Act [Dec. 8, 2004].’’
  Pub. L. 114–88, div. B, title I, § 2102(b), Nov. 25, 2015, 129
Stat. 690, as amended by Pub. L. 115–280, § 1, Nov. 29,                      EFFECTIVE DATE OF 2001 AMENDMENT
2018, 132 Stat. 4190; Pub. L. 116–70, § 2, Nov. 22, 2019, 133        Amendment by Pub. L. 107–100 effective Oct. 1, 2002,
Stat. 1145, provided that the amendment made by sec-               see section 6(e) of Pub. L. 107–100, set out in an Effec-
tion 2102(b) is effective on the date that is 7 years after        tive Date of 2001 Amendment; Use of Funds note under
Nov. 25, 2015.                                                     section 697 of this title.
          EFFECTIVE DATE OF 2014 AMENDMENT
                                                                         EFFECTIVE AND TERMINATION DATES OF 1999
  Amendment by Pub. L. 113–128 effective on the first                                  AMENDMENTS
day of the first full program year after July 22, 2014
(July 1, 2015), see section 506 of Pub. L. 113–128, set out          Pub. L. 106–50, title IV, § 402(e), Aug. 17, 1999, 113 Stat.
as an Effective Date note under section 3101 of Title 29,          246, provided that:
Labor.                                                               ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
                                                                   the amendments made by this section [amending this
          EFFECTIVE DATE OF 2010 AMENDMENT                         section] shall take effect on the date of the enactment
  Pub. L. 111–240, title I, § 1111(b), Sept. 27, 2010, 124         of this section [Aug. 17, 1999].
Stat. 2508, provided that the amendment made by sec-                 ‘‘(2) DISASTER LOANS.—The amendments made by sub-
tion 1111(b) is effective Jan. 1, 2011.                            section (b) [amending this section] shall apply to eco-
  Pub. L. 111–240, title I, § 1133(b), Sept. 27, 2010, 124         nomic injury suffered or likely to be suffered as the re-
Stat. 2515, provided that the amendment made by sec-               sult of a period of military conflict occurring or ending
tion 1133(b) is effective Sept. 30, 2013.                          on or after March 24, 1999.’’
  Pub. L. 111–240, title I, § 1135(b), Sept. 27, 2010, 124           Pub. L. 106–8, § 3(c), Apr. 2, 1999, 113 Stat. 16, provided
Stat. 2520, provided that the amendment made by sec-               that effective Dec. 31, 2000, this section (amending this
tion 1135(b) is effective 1 year after Sept. 27, 2010.             section and enacting provisions set out as a note under
  Pub. L. 111–240, title I, § 1206(h), Sept. 27, 2010, 124         this section) and the amendments made by this section
Stat. 2532, provided that: ‘‘The amendments made by                are repealed.
subsections (a) through (f) [amending this section]
shall apply with respect to any loan made after the                          EFFECTIVE DATE OF 1998 AMENDMENT
date of enactment of this Act [Sept. 27, 2010].’’                     Amendment by section 101(f) [title VIII, § 405(d)(10)] of
  Pub. L. 111–240, title I, § 1401(c), Sept. 27, 2010, 124         Pub. L. 105–277 effective Oct. 21, 1998, and amendment
Stat. 2549, provided that the amendment made by sec-               by section 101(f) [title VIII, § 405(f)(9)] of Pub. L. 105–277
tion 1401(c)(1) is effective Oct. 1, 2012.                         effective July 1, 2000, see section 101(f) [title VIII,
          EFFECTIVE DATE OF 2008 AMENDMENT                         § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note
                                                                   under section 3502 of Title 5, Government Organization
   Amendment of this section and repeal of Pub. L.
                                                                   and Employees.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, except as other-                       EFFECTIVE DATE OF 1997 AMENDMENT
wise provided, see section 4 of Pub. L. 110–246, set out
as an Effective Date note under section 8701 of Title 7,             Amendment by Pub. L. 105–135 effective on Oct. 1,
Agriculture.                                                       1997, see section 3 of Pub. L. 105–135, set out as a note
   Pub. L. 110–234, title XII, § 12078(b)(2), May 22, 2008, 122    under section 631 of this title.
Stat. 1415, and Pub. L. 110–246, § 4(a), title XII,
                                                                             EFFECTIVE DATE OF 1996 AMENDMENT
§ 12078(b)(2), June 18, 2008, 122 Stat. 1664, 2177, provided
that: ‘‘The amendment made by paragraph (1) [amend-                  Amendment by Pub. L. 104–208 effective Oct. 1, 1996,
ing this section] shall apply with respect to a loan or            see section 3 of Pub. L. 104–208, set out as a note under
guarantee made after the date of enactment of this Act             section 633 of this title.
[June 18, 2008].’’
   [Pub. L. 110–234 and Pub. L. 110–246 enacted identical                    EFFECTIVE DATE OF 1995 AMENDMENT
provisions. Pub. L. 110–234 was repealed by section 4(a)             Amendment by Pub. L. 104–36 inapplicable to loans
of Pub. L. 110–246, set out as a note under section 8701           made or guaranteed under Small Business Act or Small
of Title 7, Agriculture.]                                          Business Investment Act of 1958 before Oct. 12, 1995, un-
   Pub. L. 110–234, title XII, § 12083(b), May 22, 2008, 122
                                                                   less such loans are refinanced, extended, restructured,
Stat. 1420, and Pub. L. 110–246, § 4(a), title XII, § 12083(b),
                                                                   or renewed on or after Oct. 12, 1995, see section 8 of Pub.
June 18, 2008, 122 Stat. 1664, 2182, provided that: ‘‘The
                                                                   L. 104–36, set out as a note under section 634 of this
amendments made by this section [amending this sec-
                                                                   title.
tion] shall apply to any major disaster declared on or
after the date of enactment of this Act [June 18, 2008].’’               EFFECTIVE AND TERMINATION DATES OF 1994
   [Pub. L. 110–234 and Pub. L. 110–246 enacted identical                              AMENDMENT
provisions. Pub. L. 110–234 was repealed by section 4(a)
of Pub. L. 110–246, set out as a note under section 8701             Pub. L. 103–403, title II, § 208(c), Oct. 22, 1994, 108 Stat.
of Title 7, Agriculture.]                                          4182, provided that: ‘‘The amendments made by this
                                                                   section [amending this section] shall remain in effect
          EFFECTIVE DATE OF 2007 AMENDMENT                         during the period beginning on the date of enactment
  Amendment by Pub. L. 110–140 effective on the date               of this Act [Oct. 22, 1994] and ending on October 1, 1997.’’
that is 1 day after Dec. 19, 2007, see section 1601 of Pub.
                                                                             EFFECTIVE DATE OF 1993 AMENDMENT
L. 110–140, set out as an Effective Date note under sec-
tion 1824 of Title 2, The Congress.                                  Pub. L. 103–81, § 5(b), Aug. 13, 1993, 107 Stat. 782, pro-
                                                                   vided that: ‘‘Notwithstanding any other provision of
          EFFECTIVE DATE OF 2004 AMENDMENT                         law, the amendments made by subsection (a) [amending
  Pub. L. 108–447, div. K, title I, § 101(b), Dec. 8, 2004, 118    this section] shall be effective September 1, 1993, but
Stat. 3443, provided that: ‘‘The amendment made by                 shall not be applicable to loan guarantee applications
Page 867                                TITLE 15—COMMERCE AND TRADE                                                          § 636

received by the Administration prior to August 21, 1993.                     EFFECTIVE DATE OF 1980 AMENDMENT
In order to determine the percent of the loan to be
                                                                     Amendment by Pub. L. 96–302 effective Oct. 1, 1980,
guaranteed pursuant to the amendments made by sub-
                                                                   see section 507 of Pub. L. 96–302, set out as a note under
section (a), the Administration shall aggregate the out-
                                                                   section 631 of this title.
standing guaranteed principal of multiple loan guaran-
                                                                     Pub. L. 96–302, title I, § 119(d), July 2, 1980, 94 Stat. 841,
tees issued on behalf of the same borrower.’’
                                                                   provided that: ‘‘The amendments made by this section
                                                                   to sections 7(c)(3)(C) [subsection (c)(3) of this section]
          EFFECTIVE DATE OF 1992 AMENDMENT
                                                                   and 18 [section 647 of this title] of the Small Business
  Pub. L. 102–366, title I, § 113(b), Sept. 4, 1992, 106 Stat.     Act shall not apply to any disaster which commenced
993, provided that: ‘‘The amendments made by para-                 on or before the effective date of this Act.’’
graphs (4) and (5) of subsection (a) [amending this sec-
tion] shall become effective on October 1, 1992.’’                           EFFECTIVE DATE OF 1978 AMENDMENT
                                                                     Amendment by Pub. L. 95–510 effective Oct. 1, 1979,
          EFFECTIVE DATE OF 1989 AMENDMENT                         see section 105 of Pub. L. 95–510, set out as a note under
  Amendment by Pub. L. 101–37 applicable as if in-                 section 634 of this title.
cluded in Pub. L. 100–656, see section 32 of Pub. L.                         EFFECTIVE DATE OF 1977 AMENDMENT
101–37, set out as a note under section 631 of this title.
                                                                     Amendment by section 101(d), (e) of Pub. L. 95–89 ef-
         EFFECTIVE DATE OF 1988 AMENDMENTS                         fective Oct. 1, 1977, see section 106 of Pub. L. 95–89, set
                                                                   out as a note under section 633 of this title.
  Amendments by sections 202, 203, 206, 301(a), 408, and
505(h) of Pub. L. 100–656 and subsec. (j)(13)(G) and (I) of                  EFFECTIVE DATE OF 1972 AMENDMENT
this section as added by section 301(b) of Pub. L.
                                                                     Pub. L. 92–385, § 1(b), Aug. 16, 1972, 86 Stat. 555, pro-
100–656, effective Nov. 15, 1988, see section 803(a) of Pub.
                                                                   vided that: ‘‘The last paragraph of the amendment
L. 100–656, set out as a note under section 631 of this
                                                                   made by subsection (a) [amending this section] shall
title.
                                                                   apply only with respect to loans made on or after the
  Amendments by sections 201(a), 205, 208, 301(b), (c),
                                                                   date of enactment of this Act [Aug. 16, 1972].’’
and 303(a) of Pub. L. 100–656 effective Aug. 15, 1989, see
section 803(b)(1)(A), (B) of Pub. L. 100–656, as amended,                   EFFECTIVE DATE OF 1970 AMENDMENTS
set out as a note under section 631 of this title.
  Amendment by section 302 of Pub. L. 100–656 effective              For effective date of amendment by Pub. L. 91–597 see
June 1, 1989, see section 803(b)(2) of Pub. L. 100–656, as         section 29 of Pub. L. 91–597, set out as a note under sec-
amended, set out as a note under section 631 of this               tion 1031 of Title 21, Food and Drugs.
title.                                                               Amendment by Pub. L. 91–596 effective 120 days after
  Subsection (j)(13)(E) of this section as added by sec-           Dec. 29, 1970, see section 34 of Pub. L. 91–596, set out as
tion 301(b) of Pub. L. 100–656 effective Oct. 1, 1989, see         a note under section 651 of Title 29, Labor.
section 803(b)(4)(D) of Pub. L. 100–656, as amended, set                     EFFECTIVE DATE OF 1968 AMENDMENT
out as a note under section 631 of this title.
  Amendments by sections 119(a) and 120 to 122 of Pub.               Amendment by Pub. L. 90–495 effective Aug. 23, 1968,
L. 100–590 effective for all loan applications resulting           see section 37 of Pub. L. 90–495, set out as a note under
from disaster declarations made on or after Aug. 1,                section 101 of Title 23, Highways.
1988, or from disaster declarations whose filing periods                     EFFECTIVE DATE OF 1966 AMENDMENT
were open on Oct. 1, 1988, see section 137 of Pub. L.
100–590, set out as a note under section 631 of this title.          Pub. L. 89–409, § 3(c), May 2, 1966, 80 Stat. 133, provided
                                                                   that: ‘‘This section [amending this section, repealing
          EFFECTIVE DATE OF 1984 AMENDMENT                         section 637a of this title, and enacting provisions set
                                                                   out as a note under section 633 of this title] shall take
  Amendment by Pub. L. 98–270 effective Oct. 1, 1983,              effect on July 1, 1966.’’
see section 313 of Pub. L. 98–270, set out as a note under
section 632 of this title.                                                                 REGULATIONS
  Pub. L. 98–270, title III, § 307, Apr. 18, 1984, 98 Stat. 161,
                                                                     Pub. L. 117–249, § 2(b), Dec. 20, 2022, 136 Stat. 2351, pro-
provided that: ‘‘The amendments made by sections 304
                                                                   vided that: ‘‘Not later than 120 days after the date of
and 305 of this title [amending this section and provi-
                                                                   enactment of this Act [Dec. 20, 2022], the Administrator
sions set out as a note under section 631 of this title]
                                                                   of the Small Business Administration shall issue regu-
shall apply to economic dislocations certified by any
                                                                   lations to carry out the amendment made by sub-
State Governor to the Small Business Administration
                                                                   section (a) [amending this section].’’
after the date of enactment of this Act [Apr. 18, 1984]
                                                                     Pub. L. 116–136, div. A, title I, § 1102(e), Mar. 27, 2020,
providing such dislocation commenced since January 1,
                                                                   134 Stat. 294, provided that: ‘‘On and after the date of
1982.’’
                                                                   enactment of this Act [Mar. 27, 2020], the interim final
  Amendment by section 311 of Pub. L. 98–270 applicable
                                                                   rule published by the Administrator entitled ‘Express
to loans granted on the basis of any disaster with re-
                                                                   Loan Programs: Affiliation Standards’ (85 Fed. Reg.
spect to which a declaration has been issued after Sept.
                                                                   7622 (February 10, 2020)) is permanently rescinded and
1, 1982, under subsec. (b)(2)(A), (B), or (C) of this section
                                                                   shall have no force or effect.’’
or with respect to which a certification has been made
                                                                     Pub. L. 111–240, title I, § 1131(b), Sept. 27, 2010, 124
after such date under subsec. (b)(2)(D) of this section,
                                                                   Stat. 2514, provided that: ‘‘Not later than 180 days after
see section 312 of Pub. L. 98–270, set out as a note under
                                                                   the date of enactment of this Act [Sept. 27, 2010], the
section 632 of this title.
                                                                   Administrator [of the Small Business Administration]
                                                                   shall issue regulations to carry out section 7(l) of the
          EFFECTIVE DATE OF 1981 AMENDMENT
                                                                   Small Business Act [15 U.S.C. 636(l)], as amended by
  Pub. L. 97–35, title XIX, § 1910, Aug. 13, 1981, 95 Stat.        subsection (a).’’
778, provided that the repeal of subsec. (a)(6)(C), (8) of           Pub. L. 106–50, title IV, § 402(d), Aug. 17, 1999, 113 Stat.
this section is effective Oct. 1, 1985.                            246, provided that: ‘‘Not later than 30 days after the
  Amendment by section 1913 of Pub. L. 97–35 effective             date of the enactment of this section [Aug. 17, 1999], the
Oct. 1, 1981, amendments by sections 1902, 1911, 1912, and         Administrator of the Small Business Administration
1914 of Pub. L. 97–35 effective Aug. 13, 1981, but shall not       shall issue such guidelines as the Administrator deter-
affect any financing made, obligated, or committed                 mines to be necessary to carry out this section [amend-
under this chapter or chapter 14B of this title prior to           ing this section and enacting provisions set out as
Aug. 13, 1981, see section 1918 of Pub. L. 97–35, set out          notes under this section] and the amendments made by
as a note under section 631 of this title.                         this section.’’
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                  Page 868

  Pub. L. 106–8, § 3(b), Apr. 2, 1999, 113 Stat. 15, which        such lender applications that have been submitted to
provided that not later than 30 days after Apr. 2, 1999,          the Administrator before June 1, 2021.’’
Administrator of the Small Business Administration
was to issue guidelines to carry out the program under             SUBSEQUENT PAYCHECK PROTECTION PROGRAM LOANS
former subsec. (a)(27) of this section, was repealed by             Pub. L. 116–260, div. N, title II, § 276(b), Dec. 27, 2020,
Pub. L. 106–8, § 3(c), Apr. 2, 1999, 113 Stat. 16, effective      134 Stat. 1979, provided that: ‘‘For purposes of the Inter-
Dec. 31, 2000.                                                    nal Revenue Code of 1986 [26 U.S.C. 1 et seq.], in the
  Section 114 of Pub. L. 102–366 provided that: ‘‘Not             case of any taxable year ending after the date of the en-
later than 45 days after the date of enactment of this            actment of this Act [Dec. 27, 2020]—
Act [Sept. 4, 1992], the Small Business Administration                ‘‘(1) no amount shall be included in the gross in-
shall promulgate interim final regulations to imple-                come of an eligible entity (within the meaning of sub-
ment the amendments made by this subtitle [subtitle B               paragraph (J) of section 7(a)(37) of the Small Business
(§§ 111–115) of title I of Pub. L. 102–366, amending this           Act [15 U.S.C. 636(a)(37)]) by reason of forgiveness of
section, enacting provisions set out as notes below, and            indebtedness described in clause (ii) of such subpara-
amending provisions set out as a note under section 631             graph,
of this title].’’                                                     ‘‘(2) no deduction shall be denied, no tax attribute
  Pub. L. 102–140, title VI, § 609(i), Oct. 28, 1991, 105 Stat.     shall be reduced, and no basis increase shall be de-
831, provided that: ‘‘Not later than 90 days after the              nied, by reason of the exclusion from gross income
date of the enactment of this Act [Oct. 28, 1991], the              provided by paragraph (1), and
Small Business Administration shall promulgate in-                    ‘‘(3) in the case of an eligible entity that is a part-
terim final regulations to implement the microloan                  nership or S corporation—
demonstration program.’’                                                 ‘‘(A) any amount excluded from income by reason
  Pub. L. 100–656, title VIII, § 801, Nov. 15, 1988, 102 Stat.        of paragraph (1) shall be treated as tax exempt in-
3898, as amended by Pub. L. 101–37, § 30, June 15, 1989, 103          come for purposes of sections 705 and 1366 of the In-
Stat. 76, provided that: ‘‘The Small Business Adminis-                ternal Revenue Code of 1986 [26 U.S.C. 705, 1366], and
tration shall—                                                           ‘‘(B) except as provided by the Secretary of the
     ‘‘(1) within 60 days after the date of enactment of              Treasury (or the Secretary’s delegate), any increase
  this Act [Nov. 15, 1988] conduct meetings of present                in the adjusted basis of a partner’s interest in a
  and potential participants in the program established               partnership under section 705 of the Internal Rev-
  by section 7(j)(10) of the Small Business Act [15 U.S.C.            enue Code of 1986 with respect to any amount de-
  636(j)(10)], as amended by this Act, to ascertain and               scribed in subparagraph (A) shall equal the part-
  consider public comment on the nature and extent of                 ner’s distributive share of deductions resulting
  regulations needed to implement this Act [see Short                 from costs giving rise to the forgiveness of indebt-
  Title of 1988 Amendment note set out under section                  edness referred to in paragraph (1).’’
  631 of this title];
     ‘‘(2) within one hundred and twenty days after the             DEMOGRAPHIC INFORMATION ON LOAN APPLICATIONS
  date of enactment of this Act, publish in the Federal             Pub. L. 116–260, div. N, title III, § 309, Dec. 27, 2020, 134
  Register proposed rules and regulations imple-                  Stat. 2000, provided that: ‘‘On and after the date of en-
  menting this Act; and                                           actment of this Act [Dec. 27, 2020], any loan origination
     ‘‘(3) within 270 days after the date of enactment of         application for a loan under paragraph (36) or (37) of
  this Act, publish in the Federal Register final rules           section 7(a) of the Small Business Act (15 U.S.C. 636(a)),
  and regulations implementing this Act.’’                        as amended and added by this division, shall include a
                                                                  means by which the applicant for the loan may, at the
        TERMINATION OF REPORTING REQUIREMENTS
                                                                  discretion of the applicant, submit demographic infor-
  For termination, effective May 15, 2000, of provisions          mation of the owner of the recipient of the loan, includ-
of law requiring submittal to Congress of any annual,             ing the sex, race, ethnicity, and veteran status of the
semiannual, or other regular periodic report listed in            owner.’’
House Document No. 103–7 (in which reports required
under subsections (a)(15)(E) and (j)(16)(B) of this section         ELIGIBLE CHURCHES AND RELIGIOUS ORGANIZATIONS
are listed on page 191), see section 3003 of Pub. L. 104–66,        Pub. L. 116–260, div. N, title III, § 311(c), Dec. 27, 2020,
as amended, set out as a note under section 1113 of               134 Stat. 2007, provided that:
Title 31, Money and Finance.                                        ‘‘(1) SENSE OF CONGRESS.—It is the sense of Congress
                                                                  that the interim final rule of the [Small Business] Ad-
                 TRANSFER OF FUNCTIONS
                                                                  ministration entitled ‘Business Loan Program Tem-
  For transfer of all functions, personnel, assets, com-          porary Changes; Paycheck Protection Program’ (85
ponents, authorities, grant programs, and liabilities of          Fed. Reg. 20817 (April 15, 2020)) properly clarified the
the Federal Emergency Management Agency, including                eligibility of churches and religious organizations for
the functions of the Under Secretary for Federal Emer-            loans made under paragraph (36) of section 7(a) of the
gency Management relating thereto, to the Federal                 Small Business Act (15 U.S.C. 636(a)).
Emergency Management Agency, see section 315(a)(1)                  ‘‘(2) APPLICABILITY OF PROHIBITION.—The prohibition
of Title 6, Domestic Security.                                    on eligibility established by section 120.110(k) of title
  For transfer of functions, personnel, assets, and li-           13, Code of Federal Regulations, or any successor regu-
abilities of the Federal Emergency Management Agen-               lation, shall not apply to a loan under paragraph (36) of
cy, including the functions of the Director of the Fed-           section 7(a) of the Small Business Act (15 U.S.C.
eral Emergency Management Agency relating thereto,                636(a)).’’
to the Secretary of Homeland Security, and for treat-
ment of related references, see former section 313(1) and         INCREASED ABILITY FOR PAYCHECK PROTECTION PRO-
                                                                    GRAM BORROWERS TO REQUEST AN INCREASE IN LOAN
sections 551(d), 552(d), and 557 of Title 6, Domestic Secu-
rity, and the Department of Homeland Security Reor-                 AMOUNT DUE TO UPDATED REGULATIONS
ganization Plan of November 25, 2002, as modified, set              Pub. L. 116–260, div. N, title III, § 312, Dec. 27, 2020, 134
out as a note under section 542 of Title 6.                       Stat. 2007, provided that:
                                                                    ‘‘(a) DEFINITIONS.—In this section—
                        RESTRICTION
                                                                       ‘‘(1) the terms ‘covered loan’ and ‘eligible recipient’
  Pub. L. 117–6, § 2(c), Mar. 30, 2021, 135 Stat. 250, pro-         have the meanings given those terms in 7(a)(36)(A) of
vided that: ‘‘From June 1, 2021, through June 30, 2021,             the Small Business Act (15 U.S.C. 636(a)(36)(A)); and
the Administrator of the Small Business Administra-                    ‘‘(2) the term ‘included covered loan’ means a cov-
tion shall not accept new lender applications for loans             ered loan for which, as of the date of enactment of
under paragraph (36) or (37) of section 7(a) of the Small           this Act [Dec. 27, 2020], the borrower had not received
Business Act (15 U.S.C. 636(a)) and shall only process              forgiveness under section 1106 of the CARES Act [15
Page 869                                TITLE 15—COMMERCE AND TRADE                                                        § 636

  U.S.C. 9005], as in effect on the day before such date                    ‘‘(i) shall receive a risk weight of zero percent;
  of enactment.                                                          and
  ‘‘(b) RULES OR GUIDANCE.—Not later than 17 days                           ‘‘(ii) shall not be included in the calculation of
after the date of enactment of this Act, and without re-                 any applicable leverage ratio or other applicable
gard to the notice requirements under section 553(b) of                  capital ratio or calculation.
title 5, United States Code, the Administrator [of the                   ‘‘(B) LOANS DESCRIBED.—A loan referred to in sub-
Small Business Administration] shall issue rules or                    paragraph (A) is—
guidance to ensure that an eligible recipient of an in-                     ‘‘(i) a loan made by a Farm Credit Bank de-
cluded covered loan that returns amounts disbursed                       scribed in section 1.2(a) of the Farm Credit Act of
under the included covered loan or does not accept the                   1971 (12 U.S.C. 2002(a)) to a Federal Land Bank As-
full amount of the included covered loan for which the                   sociation, a Production Credit Association, or an
eligible recipient was approved—                                         agricultural credit association described in that
     ‘‘(1) in the case of an eligible recipient that re-                 section to make loans under paragraph (36) or (37)
  turned all or part of an included covered loan, the eli-               of section 7(a) of the Small Business Act (15
  gible recipient may reapply for a covered loan for an                  U.S.C. 636(a)) or forgive those loans in accordance
  amount equal to the difference between the amount                      with section 7A of the Small Business Act [15
  retained and the maximum amount applicable; and                        U.S.C. 636m], as redesignated and transferred by
     ‘‘(2) in the case of an eligible recipient that did not             section 304 of this Act, and subparagraph (J) of
  accept the full amount of an included covered loan,                    such paragraph (37); or
  the eligible recipient may request a modification to                      ‘‘(ii) a loan made by a Federal Land Bank Asso-
  increase the amount of the covered loan to the max-                    ciation, a Production Credit Association, an agri-
  imum amount applicable, subject to the requirements                    cultural credit association, or the bank for co-
  of section 7(a)(36) of the Small Business Act (15 U.S.C.               operatives described in section 1.2(a) of the Farm
  636(a)(36)).                                                           Credit Act of 1971 (12 U.S.C. 2002(a)) under para-
  ‘‘(c) INTERIM FINAL RULES.—Notwithstanding the in-                     graph (36) or (37) of section 7(a) of the Small Busi-
terim final rule issued by the Administration entitled                   ness Act (15 U.S.C. 636(a)).
‘Business Loan Program Temporary Changes; Paycheck                  ‘‘(c) EFFECTIVE DATE; APPLICABILITY.—This section
Protection Program—Loan Increases’ (85 Fed. Reg.                  shall be effective as if included in the CARES Act (Pub-
29842 (May 19, 2020)), an eligible recipient of an included       lic Law 116–136; 134 Stat. 281) and shall apply to any
covered loan that is eligible for an increased covered            loan made pursuant to section 7(a)(36) of the Small
loan amount as a result of any interim final rule that            Business Act (15 U.S.C. 636(a)(36)) before, on, or after
allows for covered loan increases may submit a request            the date of enactment of this Act [Dec. 27, 2020], includ-
for an increase in the included covered loan amount               ing forgiveness of such a loan.’’
even if—
     ‘‘(1) the initial covered loan amount has been fully                           CONFLICTS OF INTEREST
  disbursed; or
     ‘‘(2) the lender of the initial covered loan has sub-          Pub. L. 116–260, div. N, title III, § 322, Dec. 27, 2020, 134
  mitted to the [Small Business] Administration a                 Stat. 2017, provided that:
                                                                    ‘‘(a) DEFINITIONS.—In this section:
  Form 1502 report related to the covered loan.’’
                                                                       ‘‘(1) CONTROLLING INTEREST.—The term ‘controlling
           FARM CREDIT SYSTEM INSTITUTIONS                          interest’ means owning, controlling, or holding not
  Pub. L. 116–260, div. N, title III, § 314, Dec. 27, 2020, 134     less than 20 percent, by vote or value, of the out-
Stat. 2009, provided that:                                          standing amount of any class of equity interest in an
  ‘‘(a) DEFINITION OF FARM CREDIT SYSTEM INSTITU-                   entity.
TION.—In this section, the term ‘Farm Credit System
                                                                       ‘‘(2) COVERED ENTITY.—
institution’—                                                             ‘‘(A) DEFINITION.—The term ‘covered entity’
     ‘‘(1) means an institution of the Farm Credit Sys-                means an entity in which a covered individual di-
  tem chartered under the Farm Credit Act of 1971 (12                  rectly or indirectly holds a controlling interest.
  U.S.C. 2001 et seq.); and                                               ‘‘(B) TREATMENT OF SECURITIES.—For the purpose
     ‘‘(2) does not include the Federal Agricultural                   of determining whether an entity is a covered enti-
  Mortgage Corporation.                                                ty, the securities owned, controlled, or held by 2 or
  ‘‘(b) FACILITATION OF PARTICIPATION IN PPP AND SEC-                  more individuals who are related as described in
OND DRAW LOANS.—                                                       paragraph (3)(B) shall be aggregated.
     ‘‘(1) APPLICABLE RULES.—Solely with respect to                    ‘‘(3) COVERED INDIVIDUAL.—The term ‘covered indi-
  loans under paragraphs (36) and (37) of section 7(a) of           vidual’ means—
  the Small Business Act (15 U.S.C. 636(a)), Farm Credit                  ‘‘(A) the President, the Vice President, the head
  Administration regulations and guidance issued as of                 of an Executive department, or a Member of Con-
  July 14, 2020, and compliance with such regulations                  gress; and
  and guidance, shall be deemed functionally equiva-                      ‘‘(B) the spouse, as determined under applicable
  lent to requirements referenced in section 3(a)(iii)(II)             common law, of an individual described in subpara-
  of the interim final rule of the [Small Business] Ad-                graph (A).
  ministration entitled ‘Business Loan Program Tem-                    ‘‘(4) EXECUTIVE DEPARTMENT.—The term ‘Executive
  porary Changes; Paycheck Protection Program’ (85                  department’ has the meaning given the term in sec-
  Fed. Reg. 20811 (April 15, 2020)) or any similar require-         tion 101 of title 5, United States Code.
  ment referenced in that interim final rule in imple-                 ‘‘(5) MEMBER OF CONGRESS.—The term ‘Member of
  menting such paragraph (37).                                      Congress’ means a Member of the Senate or House of
     ‘‘(2) APPLICABILITY OF CERTAIN LOAN REQUIRE-                   Representatives, a Delegate to the House of Rep-
  MENTS.—For purposes of making loans under para-                   resentatives, and the Resident Commissioner from
  graph (36) or (37) of section 7(a) of the Small Business          Puerto Rico.
  Act (15 U.S.C. 636(a)) or forgiving those loans in ac-               ‘‘(6) EQUITY INTEREST.—The term ‘equity interest’
  cordance with section 7A of the Small Business Act                means—
  [15 U.S.C. 636m], as redesignated and transferred by                    ‘‘(A) a share in an entity, without regard to
  section 304 of this Act, and subparagraph (J) of such                whether the share is—
  paragraph (37), sections 4.13, 4.14, and 4.14A of the                      ‘‘(i) transferable; or
  Farm Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a)                      ‘‘(ii) classified as stock or anything similar;
  (including regulations issued under those sections)                     ‘‘(B) a capital or profit interest in a limited li-
  shall not apply.                                                     ability company or partnership; or
     ‘‘(3) RISK WEIGHT.—                                                  ‘‘(C) a warrant or right, other than a right to con-
        ‘‘(A) IN GENERAL.—With respect to the application              vert, to purchase, sell, or subscribe to a share or in-
     of Farm Credit Administration capital require-                    terest described in subparagraph (A) or (B), respec-
     ments, a loan described in subparagraph (B)—                      tively.
§ 636                                  TITLE 15—COMMERCE AND TRADE                                                  Page 870

  ‘‘(b) REQUIREMENT FOR DISCLOSURE REGARDING EXIST-                  ‘‘(2) the limitation on amounts allowed to be ex-
ING LOANS.—For any loan under paragraph (36) of sec-               pended to provide information and technical assist-
tion 7(a) of the Small Business Act (15 U.S.C. 636(a))             ance under clause (i) of section 7(m)(4)(E) of the
made to a covered entity before the date of enactment              Small Business Act (15 U.S.C. 636(m)(4)(E)) and enter
of this Act [Dec. 27, 2020]—                                       into third party contracts for the provision of tech-
     ‘‘(1) if, before the date of enactment of this Act, the       nical assistance under clause (ii) of such section
  covered entity submitted an application for forgive-             7(m)(4)(E).’’
  ness under section 1106 of the CARES Act (15 U.S.C.
  9005) (as such section was in effect on the day before             TEMPORARY DURATION OF LOANS TO BORROWERS
  the date of enactment of this Act) with respect to               Pub. L. 116–260, div. N, title III, § 329(c), Dec. 27, 2020,
  such loan, not later than 30 days after the date of en-        134 Stat. 2042, provided that:
  actment of this Act, the principal executive officer,            ‘‘(1) IN GENERAL.—During the period beginning on the
  or individual performing a similar function, of the            date of enactment of this Act [Dec. 27, 2020] and ending
  covered entity shall disclose to the Administrator             on September 30, 2021, the duration of a loan made by
  that the entity is a covered entity; and                       an eligible intermediary under section 7(m) of the
     ‘‘(2) if, on or after the date of enactment of this         Small Business Act (15 U.S.C. 636(m))—
  Act, the covered entity submits an application for                  ‘‘(A) to an existing borrower may be extended to
  forgiveness under section 7A of the Small Business               not more than 8 years; and
  Act [15 U.S.C. 636m], as redesignated and transferred               ‘‘(B) to a new borrower may be not more than 8
  by section 304 of this Act, with respect to such loan,           years.
  not later than 30 days after submitting the applica-             ‘‘(2) REVERSION.—On and after October 1, 2021, the du-
  tion, the principal executive officer, or individual           ration of a loan made by an eligible intermediary to a
  performing a similar function, of the covered entity           borrower under section 7(m) of the Small Business Act
  shall disclose to the Administrator [of the Small              (15 U.S.C. 636(m)) shall be 7 years or such other amount
  Business Administration] that the entity is a covered          established by the Administrator [of the Small Busi-
  entity.                                                        ness Administration].’’
  ‘‘(c) BAN ON NEW LOANS.—On and after the date of en-
                                                                                           FINDINGS
actment of this Act [Dec. 27, 2020], a loan under para-
graph (36) or (37) of section 7(a) of the Small Business           Pub. L. 114–88, div. A, § 1002, Nov. 25, 2015, 129 Stat.
Act (15 U.S.C. 636(a)), as added and amended by this             687, provided that: ‘‘Congress finds the following:
Act, may not be made to a covered entity.’’                           ‘‘(1) In 2012, Superstorm Sandy caused substantial
                                                                   physical and economic damage to the United States,
        TEMPORARY ADMINISTRATIVE FEE WAIVER                        and New York in particular.
  Pub. L. 116–260, div. N, title III, § 327(a), Dec. 27, 2020,        ‘‘(2) For businesses and homeowners, the primary
134 Stat. 2037, provided that:                                     means of obtaining long-term Federal financial as-
  ‘‘(1) IN GENERAL.—During the period beginning on the             sistance in the wake of disasters such as Superstorm
date of enactment of this Act [Dec. 27, 2020] and ending           Sandy is through the Small Business Administra-
on September 30, 2021, and to the extent that the cost             tion’s Disaster Loan Program.
of such elimination or reduction of fees is offset by ap-             ‘‘(3) With regard to the Small Business Administra-
propriations, with respect to each loan guaranteed                 tion’s operation of the Disaster Loan Program after
under section 7(a) of the Small Business Act (15 U.S.C.            Superstorm Sandy, the Government Accountability
636(a)) (including a recipient of assistance under the             Office found that the Administration did not meet its
Community Advantage Pilot Program of the [Small                    timeliness goals for processing business loan applica-
Business] Administration) for which an application is              tions.
approved or pending approval on or after the date of en-              ‘‘(4) According to the Government Accountability
actment of this Act, the Administrator [of the Small               Office, the Small Business Administration stated
Business Administration] shall—                                    that it was challenged by an unexpectedly high vol-
     ‘‘(A) in lieu of the fee otherwise applicable under           ume of loan applications that it received early in its
  section 7(a)(23)(A) of the Small Business Act (15                response to Superstorm Sandy.
  U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to             ‘‘(5) As a result, many businesses and homeowners
  the maximum extent possible; and                                 affected by Superstorm Sandy were unable to apply
     ‘‘(B) in lieu of the fee otherwise applicable under           for financing from the Small Business Administra-
  section 7(a)(18)(A) of the Small Business Act (15                tion.’’
  U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to
                                                                                  AVAILABILITY OF FUNDS
  the maximum extent possible.
  ‘‘(2) APPLICATION OF FEE ELIMINATIONS OR REDUC-                  Pub. L. 111–240, title I, § 1131(c), Sept. 27, 2010, 124
TIONS.—To the extent that amounts are made available             Stat. 2514, provided that: ‘‘Any amounts provided to the
to the Administrator for the purpose of fee elimi-               Administrator [of the Small Business Administration]
nations or reductions under paragraph (1), the Adminis-          for the purposes of carrying out section 7(l) of the
trator shall—                                                    Small Business Act [15 U.S.C. 636(l)], as amended by
     ‘‘(A) first use any amounts provided to eliminate or        subsection (a), shall remain available until expended.’’
  reduce fees paid by small business borrowers under
  clauses (i) through (iii) of section 7(a)(18)(A) of the                        MARKETING AND OUTREACH
  Small Business Act (15 U.S.C. 636(a)(18)(A)), to the             Pub. L. 110–234, title XII, § 12063(b), May 22, 2008, 122
  maximum extent possible; and                                   Stat. 1408, and Pub. L. 110–246, § 4(a), title XII, § 12063(b),
     ‘‘(B) then use any amounts provided to eliminate or         June 18, 2008, 122 Stat. 1664, 2170, provided that: ‘‘Not
  reduce fees under 7(a)(23)(A) of the Small Business            later than 90 days after the date of enactment of this
  Act (15 U.S.C. 636(a)(23)(A)).’’                               Act [June 18, 2008], the Administrator shall create a
                                                                 marketing and outreach plan that—
TEMPORARY WAIVER OF TECHNICAL ASSISTANCE GRANTS
                                                                     ‘‘(1) encourages a proactive approach to the disaster
 MATCHING REQUIREMENTS AND FLEXIBILITY ON PRE-
                                                                   relief efforts of the Administration;
 AND POST-LOAN ASSISTANCE
                                                                     ‘‘(2) makes clear the services provided by the Ad-
  Pub. L. 116–260, div. N, title III, § 329(b), Dec. 27, 2020,     ministration, including contact information, applica-
134 Stat. 2042, provided that: ‘‘During the period begin-          tion information, and timelines for submitting appli-
ning on the date of enactment of this Act [Dec. 27, 2020]          cations, the review of applications, and the disburse-
and ending on September 30, 2021, the [Small Business]             ment of funds;
Administration shall waive—                                          ‘‘(3) describes the different disaster loan programs
    ‘‘(1) the requirement to contribute non-Federal                of the Administration, including how they are made
  funds under section 7(m)(4)(B) of the Small Business             available and the eligibility requirements for each
  Act (15 U.S.C. 636(m)(4)(B)); and                                loan program;
Page 871                               TITLE 15—COMMERCE AND TRADE                                                       § 636

     ‘‘(4) provides for regional marketing, focusing on            develop a comprehensive outreach and technical as-
  disasters occurring in each region before the date of            sistance program (in this subsection referred to as
  enactment of this Act [June 18, 2008], and likely sce-           the ‘program’) to—
  narios for disasters in each such region; and                         ‘‘(A) market the loans available under section
     ‘‘(5) ensures that the marketing plan is made avail-            7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3))
  able at small business development centers and on                  to Reservists, and family members of Reservists,
  the website of the Administration.’’                               that are on active duty and that are not on active
  [Pub. L. 110–234 and Pub. L. 110–246 enacted identical             duty; and
provisions. Pub. L. 110–234 was repealed by section 4(a)                ‘‘(B) provide technical assistance to a small busi-
of Pub. L. 110–246, set out as a note under section 8701             ness concern applying for a loan under that section.
of Title 7, Agriculture.]                                            ‘‘(2) COMPONENTS.—The program shall—
  [‘‘Administration’’ and ‘‘Administrator’’, referred to                ‘‘(A) incorporate appropriate websites maintained
in Pub. L. 110–246, § 12063(b), set out above, as meaning            by the Administration, the Department of Veterans
the Small Business Administration and the Adminis-                   Affairs, and the Department of Defense; and
                                                                        ‘‘(B) require that information on the program is
trator thereof, see section 636e of this title.]
                                                                     made available to small business concerns directly
     DEFINITION OF TERMS USED IN PUB. L. 110–186                     through—
                                                                           ‘‘(i) the district offices and resource partners of
  Pub. L. 110–186, § 3, Feb. 14, 2008, 122 Stat. 623, provided          the Administration, including small business de-
that: ‘‘In this Act [see Short Title of 2008 Amendment                  velopment centers, women’s business centers, and
note set out under section 631 of this title]—                          the Service Corps of Retired Executives; and
    ‘‘(1) the term ‘activated’ means receiving an order                    ‘‘(ii) other Federal agencies, including the De-
  placing a Reservist on active duty;                                   partment of Veterans Affairs and the Department
    ‘‘(2) the term ‘active duty’ has the meaning given                  of Defense.
  that term in section 101 of title 10, United States                ‘‘(3) REPORT.—
  Code;                                                                 ‘‘(A) IN GENERAL.—Not later than 6 months after
    ‘‘(3) the terms ‘Administration’ and ‘Administrator’             the date of enactment of this Act, and every 6
  mean the Small Business Administration and the Ad-                 months thereafter until the date that is 30 months
  ministrator thereof, respectively;                                 after such date of enactment, the Administrator
    ‘‘(4) the term ‘Reservist’ means a member of a re-               shall submit to Congress a report on the status of
  serve component of the Armed Forces, as described in               the program.
  section 10101 of title 10, United States Code;                        ‘‘(B) CONTENTS.—Each report submitted under
    ‘‘(5) the term ‘Service Corps of Retired Executives’             subparagraph (A) shall include—
  means the Service Corps of Retired Executives au-                        ‘‘(i) for the 6-month period ending on the date of
  thorized by section 8(b)(1) of the Small Business Act                 that report—
  (15 U.S.C. 637(b)(1));                                                      ‘‘(I) the number of loans approved under sec-
    ‘‘(6) the terms ‘service-disabled veteran’ and ‘small                  tion 7(b)(3) of the Small Business Act (15 U.S.C.
  business concern’ have the meaning as in section 3 of                    636(b)(3));
  the Small Business Act (15 U.S.C. 632);                                     ‘‘(II) the number of loans disbursed under that
    ‘‘(7) the term ‘small business development center’                     section; and
  means a small business development center described                         ‘‘(III) the total amount disbursed under that
  in section 21 of the Small Business Act (15 U.S.C. 648);                 section; and
  and                                                                      ‘‘(ii) recommendations, if any, to make the pro-
    ‘‘(8) the term ‘women’s business center’ means a                    gram more effective in serving small business
  women’s business center described in section 29 of the                concerns that employ Reservists.’’
  Small Business Act (15 U.S.C. 656).’’                                               RESERVIST LOANS
 ESTABLISHMENT OF PRE-CONSIDERATION PROCESS AND                    Pub. L. 110–186, title II, § 202, Feb. 14, 2008, 122 Stat.
   OUTREACH AND TECHNICAL ASSISTANCE PROGRAM                     629, provided that:
                                                                   ‘‘(a) IN GENERAL.—The Administrator and the Sec-
  Pub. L. 110–186, title II, § 201(b), (c), Feb. 14, 2008, 122   retary of Defense shall develop a joint website and
Stat. 627, 628, provided that:                                   printed materials providing information regarding any
  ‘‘(b) PRE-CONSIDERATION PROCESS.—                              program for small business concerns that is available
     ‘‘(1) DEFINITION.—In this subsection, the term ‘eligi-      to veterans or Reservists.
  ble Reservist’ means a Reservist who—                            ‘‘(b) MARKETING.—The Administrator is authorized—
        ‘‘(A) has not been ordered to active duty;                    ‘‘(1) to advertise and promote the program under
        ‘‘(B) expects to be ordered to active duty during          section 7(b)(3) of the Small Business Act [15 U.S.C.
     a period of military conflict; and                            636(b)(3)] jointly with the Secretary of Defense and
        ‘‘(C) can reasonably demonstrate that the small            veterans’ service organizations; and
     business concern for which that Reservist is a key               ‘‘(2) to advertise and promote participation by lend-
     employee will suffer economic injury in the absence           ers in such program jointly with trade associations
     of that Reservist.                                            for banks or other lending institutions.’’
     ‘‘(2) ESTABLISHMENT.—Not later than 6 months after
  the date of enactment of this Act [Feb. 14, 2008], the            TEMPORARY EXTENSION AND EXPANSION OF LOAN
  Administrator shall establish a pre-consideration                                PROGRAMS
  process, under which the Administrator—                          Pub. L. 108–217, §§ 4–8, Apr. 5, 2004, 118 Stat. 591–594,
        ‘‘(A) may collect all relevant materials necessary       provided for the temporary extension and expansion of
     for processing a loan to a small business concern           certain loan programs under 15 U.S.C. 636(a) beginning
     under section 7(b)(3) of the Small Business Act (15         on Apr. 5, 2004, and ending on Sept. 30, 2004.
     U.S.C. 636(b)(3)) before an eligible Reservist em-
     ployed by that small business concern is activated;           BUDGETARY TREATMENT OF LOANS AND FINANCINGS
     and                                                           Pub. L. 107–100, § 6(c), Dec. 21, 2001, 115 Stat. 971, pro-
        ‘‘(B) shall distribute funds for any loan approved       vided for special budgetary treatment of certain loans
     under subparagraph (A) if that eligible Reservist is        and financings by the Small Business Administration
     activated.                                                  under 15 U.S.C. 636(a) during the 2-year period begin-
  ‘‘(c) OUTREACH AND TECHNICAL ASSISTANCE PRO-                   ning on Oct. 1, 2002.
GRAM.—
     ‘‘(1) IN GENERAL.—Not later than 6 months after the            ENHANCED PUBLICITY DURING OPERATION ALLIED
  date of enactment of this Act [Feb. 14, 2008], the Ad-                              FORCE
  ministrator, in consultation with the Secretary of               Pub. L. 106–50, title IV, § 402(c), Aug. 17, 1999, 113 Stat.
  Veterans Affairs and the Secretary of Defense, may             246, provided for enhanced publicity of the availability
§ 636                                  TITLE 15—COMMERCE AND TRADE                                              Page 872

of assistance during Operation Allied Force and for 120                  ‘‘(A) LOAN GUARANTEES.—Loan guarantees under
days thereafter.                                                      the terms and conditions specified under this sec-
                                                                      tion and other applicable law.
    EVALUATION OF PREDISASTER MITIGATION PILOT                           ‘‘(B) NONFINANCIAL ASSISTANCE.—Other forms of
                    PROGRAM                                           assistance that are not financial.
  Pub. L. 106–24, § 1(c), Apr. 27, 1999, 113 Stat. 39, pro-        ‘‘(c) ADMINISTRATION OF PROGRAM.—In the adminis-
vided that, on Jan. 31, 2003, the Administrator of the           tration of the DELTA program under this section, the
Small Business Administration was to submit to the               Administrator shall—
Committees on Small Business of the House of Rep-                     ‘‘(1) process applications for DELTA program loan
resentatives and the Senate a report on the effective-             guarantees;
ness of the pilot program authorized by subsec. (b)(1)(C)             ‘‘(2) guarantee repayment of the resulting loans in
of this section.                                                   accordance with this section; and
                                                                      ‘‘(3) take such other actions as are necessary to ad-
CONGRESSIONAL FINDINGS REGARDING SMALL BUSINESS                    minister the program.
              YEAR 2000 READINESS                                  ‘‘(d) SELECTION AND ELIGIBILITY REQUIREMENTS FOR
  Pub. L. 106–8, § 2, Apr. 2, 1999, 113 Stat. 13, provided       DELTA LOAN GUARANTEES.—
                                                                      ‘‘(1) IN GENERAL.—The selection criteria and eligi-
that: ‘‘Congress finds that—
                                                                   bility requirements set forth in this subsection shall
    ‘‘(1) the failure of many computer programs to rec-
                                                                   be applied in the selection of small business concerns
  ognize the Year 2000 may have extreme negative fi-
                                                                   to receive loan guarantees under the DELTA pro-
  nancial consequences in the Year 2000, and in subse-
                                                                   gram.
  quent years for both large and small businesses;
                                                                      ‘‘(2) SELECTION CRITERIA.—The criteria used for the
    ‘‘(2) small businesses are well behind larger busi-
                                                                   selection of a small business concern to receive a
  nesses in implementing corrective changes to their
                                                                   loan guarantee under this section are as follows:
  automated systems;
                                                                         ‘‘(A) The selection criteria established under the
    ‘‘(3) many small businesses do not have access to
                                                                      memorandum of understanding referred to in sub-
  capital to fix mission critical automated systems,
                                                                      section (a)(3).
  which could result in severe financial distress or fail-
                                                                         ‘‘(B) The extent to which the loans to be guaran-
  ure for small businesses; and
                                                                      teed would support the retention of defense workers
    ‘‘(4) the failure of a large number of small busi-
                                                                      whose employment would otherwise be perma-
  nesses due to the Year 2000 computer problem would
                                                                      nently or temporarily terminated as a result of re-
  have a highly detrimental effect on the economy in
                                                                      ductions in expenditures by the United States for
  the Year 2000 and in subsequent years.’’
                                                                      defense, the termination or cancellation of a de-
                   TRANSFER OF FUNDS                                  fense contract, the failure to proceed with an ap-
                                                                      proved major weapon system, the merger or con-
  Pub. L. 105–135, title II, § 202(b), Dec. 2, 1997, 111 Stat.        solidation of the operations of a defense contractor,
2600, provided that:                                                  or the closure or realignment of a military installa-
  ‘‘(1) IN GENERAL.—No funds are authorized to be ap-                 tion.
propriated or otherwise provided to carry out the grant                  ‘‘(C) The extent to which the loans to be guaran-
program under section 7(m)(4)(F) of the Small Business                teed would stimulate job creation and new eco-
Act (15 U.S.C. 636(m)(4)(F)) (as added by this section),              nomic activities in communities most adversely af-
except by transfer from another department or agency                  fected by reductions in expenditures by the United
of the Federal Government to the Administration in                    States for defense, the termination or cancellation
accordance with this subsection.                                      of a defense contract, the failure to proceed with an
  ‘‘(2) LIMITATION ON AMOUNTS.—The total amount                       approved major weapon system, the merger or con-
transferred to the Administration from other depart-                  solidation of the operations of a defense contractor,
ments and agencies of the Federal Government to carry                 or the closure or realignment of a military installa-
out the grant program under section 7(m)(4)(F) of the                 tion.
Small Business Act (15 U.S.C. 636(m)(4)(F)) (as added by                 ‘‘(D) The extent to which the loans to be guaran-
this section) shall not exceed—                                       teed would be used to acquire (or permit the use of
     ‘‘(A) $3,000,000 for fiscal year 1998;                           other funds to acquire) capital equipment to mod-
     ‘‘(B) $4,000,000 for fiscal year 1999; and                       ernize or expand the facilities of the borrower to
     ‘‘(C) $5,000,000 for fiscal year 2000.’’                         enable the borrower to remain in the national tech-
 DEFENSE LOAN AND TECHNICAL ASSISTANCE PROGRAM                        nology and industrial base available to the Depart-
                                                                      ment of Defense.
  Pub. L. 105–135, title V, § 507, Dec. 2, 1997, 111 Stat.            ‘‘(3) ELIGIBILITY REQUIREMENTS.—To be eligible for a
2625, provided that:                                               loan guarantee under the DELTA program, a bor-
  ‘‘(a) DELTA PROGRAM AUTHORIZED.—                                 rower must demonstrate to the satisfaction of the
     ‘‘(1) IN GENERAL.—The Administrator may admin-                Administrator that, during any 1 of the 5 preceding
  ister the Defense Loan and Technical Assistance pro-             operating years of the borrower, not less than 25 per-
  gram in accordance with the authority and require-               cent of the value of the borrower’s sales were derived
  ments of this section.                                           from—
     ‘‘(2) EXPIRATION OF AUTHORITY.—The authority of                     ‘‘(A) contracts with the Department of Defense or
  the Administrator to carry out the DELTA program                    the defense-related activities of the Department of
  under paragraph (1) shall terminate when the funds                  Energy; or
  referred to in subsection (g)(1) have been expended.                   ‘‘(B) subcontracts in support of defense-related
     ‘‘(3) DELTA PROGRAM DEFINED.—In this section, the                prime contracts.
  terms ‘Defense Loan and Technical Assistance pro-                ‘‘(e) MAXIMUM AMOUNT OF LOAN PRINCIPAL.—With re-
  gram’ and ‘DELTA program’ mean the Defense Loan                spect to each borrower, the maximum amount of loan
  and Technical Assistance program that has been es-             principal for which the Administrator may provide a
  tablished by a memorandum of understanding entered             guarantee under this section during a fiscal year may
  into by the Administrator and the Secretary of De-             not exceed $1,250,000.
  fense on June 26, 1995.                                          ‘‘(f) LOAN GUARANTY RATE.—The maximum allowable
  ‘‘(b) ASSISTANCE.—                                             guarantee percentage for loans guaranteed under this
     ‘‘(1) AUTHORITY.—Under the DELTA program, the               section may not exceed 80 percent.
  Administrator may assist small business concerns                 ‘‘(g) FUNDING.—
  that are economically dependent on defense expendi-                 ‘‘(1) IN GENERAL.—The funds that have been made
  tures to acquire dual-use capabilities.                          available for loan guarantees under the DELTA pro-
     ‘‘(2) FORMS OF ASSISTANCE.—Forms of assistance au-            gram and have been transferred from the Department
  thorized under paragraph (1) are as follows:                     of Defense to the Small Business Administration be-
Page 873                              TITLE 15—COMMERCE AND TRADE                                                         § 636

  fore the date of the enactment of this Act [Dec. 2,               ‘‘(B) FINAL REPORT.—Not later than 120 days after
  1997] shall be used for carrying out the DELTA pro-             the termination of the demonstration program, the
  gram under this section.                                        Administrator shall submit to the Committees on
    ‘‘(2) CONTINUED AVAILABILITY OF EXISTING FUNDS.—              Small Business of the House of Representatives and
  The funds made available under the second proviso               the Senate [Committee on Small Business of Senate
  under the heading ‘RESEARCH, DEVELOPMENT, TEST                  now Committee on Small Business and Entrepreneur-
  AND EVALUATION, DEFENSE-WIDE’ in Public Law                     ship of Senate] a final report on the performance of
  103–335 (108 Stat. 2613) shall be available until ex-           the demonstration program, together with the rec-
  pended—                                                         ommendations of the Administrator for continuation,
       ‘‘(A) to cover the costs (as defined in section            termination, or modification of the demonstration
    502(5) of the Federal Credit Reform Act of 1990 (2            program.’’
    U.S.C. 661a(5))) of loan guarantees issued under this
    section; and                                                      INCREASE OF AMOUNTS FOR DISASTER LOANS
       ‘‘(B) to cover the reasonable costs of the adminis-        Pub. L. 103–75, Aug. 12, 1993, 107 Stat. 740, provided in
    tration of the loan guarantees.’’                           part: ‘‘That notwithstanding any other provision of
                                                                law, the $500,000 limitation on the amounts outstanding
  TRADE ASSISTANCE PROGRAM FOR SMALL BUSINESS                   and committed to a borrower provided in paragraph
    CONCERNS ADVERSELY AFFECTED BY NAFTA
                                                                7(c)(6) [now 7(d)(6)] of the Small Business Act [15 U.S.C.
  Section 509 of Pub. L. 105–135 provided that: ‘‘The Ad-       636(d)(6)] shall be increased to $1,500,000 for disasters
ministrator shall coordinate Federal assistance in              commencing on or after April 1, 1993.’’
order to provide counseling to small business concerns
adversely affected by the North American Free Trade             CONGRESSIONAL FINDINGS OF MICROLENDING EXPANSION
                                                                                   ACT OF 1992
Agreement.’’
                                                                  Pub. L. 102–366, title I, § 112, Sept. 4, 1992, 106 Stat. 989,
   PRIVATE SECTOR LOAN SERVICING DEMONSTRATION                  provided that: ‘‘The Congress finds that—
                    PROGRAM                                         ‘‘(1) nationwide, there are many individuals who
  Pub. L. 104–208, div. D, title I, § 104(a), Sept. 30, 1996,     possess skills that, with certain short-term assist-
110 Stat. 3009–729, provided that:                                ance, could enable them to become successfully self-
  ‘‘(1) IN GENERAL.—                                              employed;
     ‘‘(A) DEMONSTRATION PROGRAM REQUIRED.—Notwith-                 ‘‘(2) many talented and skilled individuals who are
  standing any other provision of law, the Administra-            employed in low-wage occupations could, with suffi-
  tion shall conduct a demonstration program, within              cient opportunity, start their own small business
  the parameters described in paragraph (2), to evalu-            concerns, which could provide them with an improved
  ate the comparative costs and benefits of having the            standard of living;
  Administration’s portfolio of disaster loans serviced             ‘‘(3) most such individuals have little or no savings,
  under contract rather than directly by employees of             a nonexistent or poor credit history, and no access to
  the Administration. All costs of the demonstration              credit or capital with which to start a business ven-
  program shall be paid from amounts made available               ture;
  for the Salaries and Expenses Account of the Admin-               ‘‘(4) women, minorities, and individuals residing in
  istration.                                                      areas of high unemployment and high levels of pov-
     ‘‘(B) INITIATION DATE.—Not later than 90 days after          erty have particular difficulty obtaining access to
  the date of enactment of this Act [Sept. 30, 1996], the         credit or capital;
  Administration shall issue a request for proposals for            ‘‘(5) providing such individuals with small-scale,
  the program parameters described in paragraph (2).              short-term financial assistance in the form of
  ‘‘(2) DEMONSTRATION PROGRAM PARAMETERS.—                        microloans, together with intensive marketing, man-
     ‘‘(A) LOAN SAMPLE.—The sample of loans for the               agement, and technical assistance, could enable them
  demonstration program shall be randomly drawn                   to start or maintain small businesses, to become self-
  from the Administration’s portfolio of loans made               sufficient, and to raise their standard of living;
  pursuant to section 7(b) of the Small Business Act [15            ‘‘(6) banking institutions are reluctant to provide
  U.S.C. 636(b)] and shall include a representative group         such assistance because of the administrative costs
  of not less than 30 percent of all loans for residential        associated with processing and servicing the loans
  properties, including 30 percent of all loans made dur-         and because they lack experience in providing the
  ing the demonstration program after the date of en-             type of marketing, management, and technical as-
  actment of this Act, which loans shall be selected by           sistance needed by such borrowers;
  the Administration on the basis of geographic dis-                ‘‘(7) many organizations that have had successful
  tribution and such other factors as the Administra-             experiences in providing microloans and marketing,
  tion determines to be appropriate.                              management, and technical assistance to such bor-
     ‘‘(B) CONTRACT AND OPTIONS.—The Administration               rowers exist throughout the Nation; and
  shall solicit and competitively award one or more                 ‘‘(8) loans from the Federal Government to inter-
  contracts to service the loans included in the sample           mediaries for the purpose of relending to start-up,
  of loans described in subparagraph (A) for a term of            newly established and growing small business con-
  not less than one year, with 3 one-year contract re-            cerns are an important catalyst to attract private
  newal options, each of which shall be exercised by the          sector participation in microlending.’’
  Administration unless the Administration terminates
                                                                 DISADVANTAGED SMALL BUSINESS STATUS DECISIONS
  the contractor or contractors for good cause.
  ‘‘(3) TERM OF DEMONSTRATION PROGRAM.—The dem-                   Pub. L. 102–366, title II, § 221, Sept. 4, 1992, 106 Stat.
onstration program shall commence not later than Oc-            999, provided that:
tober 1, 1997.                                                    ‘‘(a) PUBLICATION OF DECISIONS.—A decision issued
  ‘‘(4) REPORTS.—                                               pursuant to section 7(j)(11)(F)(vii) of the Small Busi-
     ‘‘(A) INTERIM REPORTS.—Not later than 120 days be-         ness Act (15 U.S.C. 636(j)(11)(F)(vii)) shall—
  fore the expiration of the initial 4-year contract per-            ‘‘(1) be made available to the protestor, the pro-
  formance period, the Administrator shall submit to              tested party, the contracting officer (if not the
  the Committees on Small Business of the House of                protestor), and all other parties to the proceeding,
  Representatives and the Senate [Committee on Small              and published in full text; and
  Business of Senate now Committee on Small Business                 ‘‘(2) include findings of fact and conclusions of law,
  and Entrepreneurship of Senate] an interim report on            with specific reasons supporting such findings or con-
  the conduct of the demonstration program. The con-              clusions, upon each material issue of fact and law of
  tractor shall be afforded a reasonable opportunity to           decisional significance regarding the disposition of
  attach comments to each such report.                            the protest.
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                Page 874

  ‘‘(b) PRECEDENTIAL VALUE OF PRIOR DECISIONS.—A de-                  ‘‘(3) the term ‘Business Opportunity Specialist’
cision issued under section 7(j)(11)(F)(vii) of the Small           means the Administration employee responsible for
Business Act that is issued prior to the date of enact-             providing business development assistance to Pro-
ment of this Act [Sept. 4, 1992] shall not have value as            gram Participants pursuant to sections 7(j) and 8(a)
precedent in deciding any subsequent protest until such             of the Small Business Act (15 U.S.C. 636(j), 637(a));
time as the decision is published in full text.’’                     ‘‘(4) the term ‘disadvantaged owners’ means those
                                                                    individuals upon whom eligibility is based for partici-
  REAUTHORIZATION OF BOND WAIVER TEST PROGRAM
                                                                    pation in the Program and the award of subcontracts
  Pub. L. 102–190, div. A, title VIII, § 813(a)–(e), Dec. 5,        pursuant to section 8(a) of the Small Business Act (15
1991, 105 Stat. 1424, authorized the Secretary of Defense           U.S.C. 637(a));
to grant surety bond exemptions to certain partici-                   ‘‘(5) the term ‘minority owned businesses’ means
pants in the Minority Small Business and Capital Own-               business concerns that are at least 51 percent owned
ership Development Program who were awarded con-                    and controlled by one or more individuals who belong
struction contracts by the Department of Defense be-                to those groups described or identified pursuant to
fore Oct. 1, 1994.                                                  section 2(e)(1)(C) of the Small Business Act (15 U.S.C.
                                                                    631(e)(1)(C));
EMERGENCY DIRECT LOANS FOR SMALL BUSINESS CON-
                                                                      ‘‘(6) the term ‘Program’ means the Minority Small
 CERNS LOCATED IN COMMUNITIES ADVERSELY AF-
                                                                    Business and Capital Ownership Development Pro-
 FECTED BY TROOP DEPLOYMENTS DURING PERSIAN
                                                                    gram established by section 7(j)(10) of the Small Busi-
 GULF CONFLICT
                                                                    ness Act (15 U.S.C. 636(j)(10)), unless otherwise indi-
  Pub. L. 102–190, div. A, title X, § 1087, Dec. 5, 1991, 105       cated;
Stat. 1483, authorized emergency direct loans to small                ‘‘(7) the term ‘Program Participant’ means a small
business concerns located in counties in which at least             business concern participating in the Program; and
5 small business concerns suffered severe economic in-                ‘‘(8) the term ‘Program Participation Term’ means
jury resulting from deployment, after July 31, 1990, of             the fixed period of time assigned to a Program Par-
troops in connection with Persian Gulf conflict, pro-               ticipant pursuant to section 7(j)(10)(A)(i) of the Small
vided that loan amounts could not exceed $50,000 to any             Business Act (15 U.S.C. 636(j)(10)(A)(i)) prior to the
small business concern, and provided for source of loan             date of enactment of this Act [Nov. 15, 1988].’’
funds, applications for loans, definitions, regulations to
                                                                      CONGRESSIONAL FINDINGS AND DECLARATION OF
implement loan program, and expiration of loan au-
                                                                             PURPOSES OF PUB. L. 100–656
thority at end of 270-day period beginning on date on
which loan applications were first accepted.                        Pub. L. 100–656, title I, § 101, Nov. 15, 1988, 102 Stat.
                                                                  3855, provided that:
TERMINATION OF MICROLOAN DEMONSTRATION PROGRAM                      ‘‘(a) FINDINGS.—The Congress finds that—
  Pub. L. 102–140, title VI, § 609(j), Oct. 28, 1991, 105 Stat.        ‘‘(1) the Capital Ownership Development Program
831, as amended by Pub. L. 103–403, title II, § 203, Oct. 22,       administered by the Small Business Administration
1994, 108 Stat. 4181, provided that: ‘‘The demonstration            and the award of contracts pursuant to section 8(a) of
program established by subsection (h) [amending this                the Small Business Act [15 U.S.C. 637(a)] remain a pri-
section] shall terminate on October 1, 1997.’’                      mary tool for improving opportunities for small busi-
                                                                    ness concerns owned and controlled by socially and
 REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY                   economically disadvantaged individuals in the Fed-
                     RATES                                          eral procurement process and bringing such concerns
  References in laws to the rates of pay for GS–16, 17,             into the nation’s economic mainstream;
or 18, or to maximum rates of pay under the General                    ‘‘(2) although some progress has resulted from the
Schedule, to be considered references to rates payable              Program, it has generally failed to meet its objec-
under specified sections of Title 5, Government Organi-             tives, which remain as valid now as when the Pro-
zation and Employees, see section 529 [title I, § 101(c)(1)]        gram was initiated;
of Pub. L. 101–509, set out in a note under section 5376               ‘‘(3) too few concerns that have exited the Program
of Title 5.                                                         have been prepared to compete successfully in the
                                                                    open marketplace on competitive procurements, and
TEST PROGRAM FOR USE OF BOND WAIVER AUTHORITY                       many concerns have developed an unhealthy depend-
 TO ASSIST CERTAIN SMALL DISADVANTAGED BUSINESS                     ency on sole-source contracts by the time they are
 CONCERNS                                                           required to leave the Program;
  Pub. L. 101–189, div. A, title VIII, § 833, Nov. 29, 1989,           ‘‘(4) the application and certification process for ad-
103 Stat. 1509, which directed Secretary of Defense and             mitting new participants to the Program is inordi-
Small Business Administration to establish a program                nately lengthy and burdensome;
for fiscal years 1990 and 1991 to test use of authority                ‘‘(5) the Administration has often not efficiently
provided by subsec. (j)(13)(D) of this section, and that            and equitably administered and managed the Pro-
under the test program, the Secretary of Defense was                gram in a manner that provided clear lines of respon-
to make every reasonable effort during each such fiscal             sibility for implementing and monitoring many of
year to award not less than 30 contracts for construc-              the administrative duties under the Program;
tion projects (including repair and alteration of exist-               ‘‘(6) the Administration and some program partici-
ing facilities) to participants in Minority Small Busi-             pants have given insufficient attention and support
ness and Capital Ownership Development Program of                   to the business development goals of the Program
Small Business Administration granted surety bond ex-               and instead have focused almost entirely on the size
emptions under such authority, was repealed by Pub. L.              of contract awards or the number of firms certified to
102–190, div. A, title VIII, § 813(f), Dec. 5, 1991, 105 Stat.      participate in the Program;
1424.                                                                  ‘‘(7) many Federal procuring agencies have failed to
                                                                    identify and offer the necessary amount of contract
     DEFINITION OF TERMS USED IN PUB. L. 100–656                    support in order to allow for diversification and
  Pub. L. 100–656, § 2, Nov. 15, 1988, 102 Stat. 3854, as           growth of disadvantaged businesses participating in
amended by Pub. L. 101–37, § 3, June 15, 1989, 103 Stat. 70,        the Program;
provided that: ‘‘For the purposes of this Act [see Short               ‘‘(8) contract support as well as business develop-
Title of 1988 Amendment note set out under section 631              ment expenses have been misused both by the Admin-
of this title]—                                                     istration and Program participants and have not been
    ‘‘(1) the term ‘Administration’ means the Small                 equitably distributed pursuant to objective criteria;
  Business Administration;                                             ‘‘(9) the widespread perception of undue political in-
    ‘‘(2) the term ‘Administrator’ means the Adminis-               fluence in the operation and administration of the
  trator of the Small Business Administration, unless               Program has significantly contributed to the Pro-
  otherwise indicated;                                              gram’s poor image and has deterred utilization of the
Page 875                              TITLE 15—COMMERCE AND TRADE                                                      § 636

  Program by socially and economically disadvantaged           ists to perform the negotiations required pursuant to
  concerns and by Federal procuring agencies; and              paragraph (2).
     ‘‘(10) it is imperative that increased competition          ‘‘(4) To the extent practicable, the Administrator
  and other substantial reforms be accomplished in the         shall ensure that the performance appraisal system ap-
  Program in order to promote the Congressionally              plicable to a Business Opportunity Specialist employed
  mandated business development objectives and pur-            in a region designated pursuant to paragraph (1) affords
  poses.                                                       substantial recognition to how well such Specialist’s
  ‘‘(b) PURPOSES.—The purposes of this Act [see Short          assigned portfolio of concerns participating in the pro-
Title of 1988 Amendment note set out under section 631         gram established by section 7(j)(10) of the Small Busi-
of this title] therefore are to—                               ness Act (15 U.S.C. 636(j)(10)) are achieving competitive-
     ‘‘(1) affirm that the Capital Ownership Develop-          ness and furthering the business development purposes
  ment Program and the section 8(a) [15 U.S.C. 637(a)]         of the program.
  authority shall be used exclusively for business devel-        ‘‘(5) The Administration shall establish personnel po-
  opment purposes to help small businesses owned and           sitions for Business Opportunity Specialists employed
  controlled by the socially and economically disadvan-        in the regions designated pursuant to paragraph (1)
  taged to compete on an equal basis in the main-              that are classified at a grade level of the General
  stream of the American economy;                              Schedule that are sufficient, in the opinion of the Ad-
     ‘‘(2) affirm that the measure of success of the Cap-      ministrator, to attract and retain highly qualified per-
  ital Ownership Development Program, and the sec-             sonnel.
  tion 8(a) authority, shall be the number of competi-           ‘‘(c) REPORT AND PILOT PROGRAM TERMINATION.—(1)
  tive firms that exit the Program without being un-           Within 120 days after the termination of the pilot pro-
  reasonably reliant on section 8(a) contracts and that        gram conducted pursuant to subsection (b), the Admin-
  are able to compete on an equal basis in the main-           istration shall issue a report to the Committees on
  stream of the American economy;                              Small Business of the Senate and of the House of Rep-
     ‘‘(3) ensure that program benefits accrue to individ-     resentatives [Committee on Small Business of Senate
  uals who are both socially and economically dis-             now Committee on Small Business and Entrepreneur-
  advantaged;                                                  ship of Senate] on the effectiveness of the pilot. Such
     ‘‘(4) increase the number of small businesses owned       report shall contain such recommendations for admin-
  and controlled by such individuals from which the            istrative or legislative change as may be appropriate.
  United States may purchase products and services               ‘‘(2) The pilot program conducted pursuant to sub-
  (including construction work); and                           section (b) shall be terminated three years after the
     ‘‘(5) ensure integrity, competence, and efficiency in     date on which the Committees on Small Business of the
  the administration of business development services          Senate and of the House of Representatives [Committee
  and the Federal contracting opportunities made               on Small Business of Senate now Committee on Small
  available to eligible small businesses.’’                    Business and Entrepreneurship of Senate] receive writ-
         EMPLOYEE TRAINING AND EVALUATION                      ten notification from the Administrator that the pilot
                                                               is in full operation in each of the three designated pilot
  Pub. L. 100–656, title IV, § 410, Nov. 15, 1988, 102 Stat.   regions.’’
3879, as amended by Pub. L. 101–37, § 18, June 15, 1989, 103
Stat. 74, provided that:                                                GENERAL ACCOUNTING OFFICE REPORT
  ‘‘(a) TRAINING REQUIREMENTS FOR BUSINESS OPPOR-
                                                                 Pub. L. 100–656, title V, § 504, Nov. 15, 1988, 102 Stat.
TUNITY SPECIALISTS.—(1) In each Small Business Ad-
                                                               3882, directed Comptroller General of the United States
ministration field office responsible for assisting one or
                                                               to conduct a review of operation of Minority Small
more Program Participants there shall be a position
                                                               Business and Capital Ownership Development Program
designated as a Business Opportunity Specialist. To the
                                                               authorized by subsec. (j)(10) of this section and contract
maximum extent practicable the Administration shall
                                                               assistance provided pursuant to section 637(a)(15) of
assure that an adequate number of Business Oppor-
                                                               this title commencing within 180 days of Nov. 15, 1988,
tunity Specialists are assigned to each district office to
                                                               and concluding Sept. 30, 1991, such review to report on
carry out the responsibilities of sections 7(j) and 8(a) of
                                                               implementation of provisions of Pub. L. 100–656 by
the Small Business Act (15 U.S.C. 636(j), 637(a)) and to
                                                               Small Business Administration and various executive
assist Program Participants.
                                                               departments and agencies providing contracting oppor-
  ‘‘(2) The Administration shall take such actions as
                                                               tunities to the Program, and directed Comptroller Gen-
may be appropriate to ensure that any person employed
                                                               eral to prepare a report summarizing findings of re-
as a Business Opportunity Specialist receives adequate
                                                               view, make such recommendations as may be appro-
periodic training to assure such employee is capable of
                                                               priate, and transmit report to Committees on Small
assisting Program Participants to fully utilize the Pro-
                                                               Business of the Senate and House of Representatives by
gram and to meet the requirements of the Small Busi-
                                                               Feb. 1, 1992.
ness Act [15 U.S.C. 631 et seq.], as amended by this Act.
  ‘‘(b) PILOT PROGRAM.—(1) Within 180 days after the ef-          COMMISSION ON MINORITY BUSINESS DEVELOPMENT
fective date of this subsection [Nov. 15, 1988] the Ad-
ministrator shall designate three regions of the Admin-          Pub. L. 100–656, title V, § 505(a)–(g), Nov. 15, 1988, 102
istration to conduct a pilot program pursuant to the           Stat. 3883, as amended by Pub. L. 101–37, § 20, June 15,
provisions of this subsection. The designated regions          1989, 103 Stat. 74; Pub. L. 101–574, title II, § 211, Nov. 15,
shall contain approximately 30 per centum of the total         1990, 104 Stat. 2821; Pub. L. 102–366, title II, § 231(a),
number of Program Participants as of the time of des-          Sept. 4, 1992, 106 Stat. 1001; Pub. L. 103–160, div. A, title
ignation.                                                      IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729, established the
  ‘‘(2) A Business Opportunity Specialist employed in a        Commission on Minority Business Development, set
Region designated pursuant to paragraph (1), in addi-          out its duties, powers, membership, administration,
tion to other assigned duties and responsibilities,            and personnel, and provided that it cease to exist with-
shall—                                                         in 90 days after the date that it transmitted its final re-
     ‘‘(A) conduct contract negotiations on behalf of the      port to Congress and to the President or Sept. 30, 1992,
  Administration for contracts awarded pursuant to             whichever was later.
  section 8(a) of the Small Business Act (15 U.S.C.                      LIMITATIONS ON SPENDING AUTHORITY
  637(a)) when performance will be rendered by one or
  more firms in such Specialist’s assigned portfolio;            Pub. L. 100–656, title VIII, § 802(f), Nov. 15, 1988, 102
     ‘‘(B) facilitate and otherwise assist such firms in       Stat. 3899, provided that:
  negotiating for the receipt of contracts to be let pur-        ‘‘(1) Any new credit authority or authority to enter
  suant to such section.                                       into contracts provided for in this Act [see Short Title
  ‘‘(3) The Administration shall take such actions as          of 1988 Amendment note set out under section 631 of
may be appropriate to train and qualify such Special-          this title] is to be effective for any fiscal year only to
§ 636                                   TITLE 15—COMMERCE AND TRADE                                                 Page 876

such extent or in such amounts as are provided in ap-             Business Administration within two months after the
propriation Acts.                                                 promulgation of final regulations issued within one
  ‘‘(2) No funds are authorized to be appropriated in             hundred and twenty days after the enactment of this
subsequent appropriation Acts to the Administration               Act [Oct. 21, 1981] the business plan required under sec-
for the purpose of making grants of financial assistance          tion 7(j)(10)(A)(i) of the Small Business Act, as amended
under the so called ‘Business Development Expense’                by subsection (a) of this section [subsec. (j)(10)(A)(i) of
program to any firm participating in the programs au-             this section]: Provided however, That the period of time
thorized by section 7(j)(10) or section 8(a) of the Small         required under section 7(j)(10)(A)(i) of the Small Busi-
Business Act (15 U.S.C. 636(j)(10) and 637(a)).’’                 ness Act, as amended by subsection (a) of this section,
                                                                  shall be fixed as mutually agreed upon by the program
 CERTIFIED LOAN PROGRAM; EXPANDED PARTICIPATION;                  participant and the Small Business Administration
               REPORTS TO CONGRESS                                prior to the awarding or extending of contracts to such
  Pub. L. 100–590, title I, § 102(b), Nov. 3, 1988, 102 Stat.     concern pursuant to section 8(a) of the Small Business
2992, provided that: ‘‘The Administration shall take ap-          Act after June 1, 1981, but the period shall be fixed in
propriate steps to expand participation in the certified          no case later than eighteen months after the effective
loan program and shall report to the Small Business               date of this Act: Provided further, That no determina-
Committees of the Senate and the House of Representa-             tion made under this paragraph shall be considered a
tives on the amount of loans approved and the amount              denial of total participation for the purposes of section
of losses sustained under the provisions of section               8(a)(9) of the Small Business Act.’’
7(a)(19) of the Small Business Act [15 U.S.C. 636(a)(19)].
An interim report shall be submitted not later than one                   SMALL BUSINESS EMPLOYEE OWNERSHIP;
year after date of enactment of this Act [Nov. 3, 1988]                   CONGRESSIONAL FINDINGS AND PURPOSES
and a final report shall be submitted not later than 18             Pub. L. 96–302, title V, §§ 502, 503, July 2, 1980, 94 Stat.
months after the date of enactment.’’                             850, 851, provided that:
  Similar provisions were contained in Pub. L. 100–533,             ‘‘SEC. 502. The Congress hereby finds and declares
title III, § 302(b), Oct. 25, 1988, 102 Stat. 2693.               that—
        PIPELINE LOANS OR PREVIOUS DISASTERS                           ‘‘(1) employee ownership of firms provides a means
                                                                    for preserving jobs and business activity;
  Pub. L. 99–272, title XVIII, § 18006(b), Apr. 7, 1986, 100           ‘‘(2) employee ownership of firms provides a means
Stat. 366, as amended by Pub. L. 99–349, title I, July 2,           for keeping a small business small when it might oth-
1986, 100 Stat. 718, provided that: ‘‘Notwithstanding the           erwise be sold to a conglomerate or other large enter-
amendments made by this section [amending sections                  prise;
636 and 647 of this title], sections 18002 [amending provi-            ‘‘(3) employee ownership of firms provides a means
sions set out as a note under section 631 of this title]            for creating a new small business from the sale of a
and 18016 [amending section 632 of this title], or any              subsidiary of a large enterprise;
other provision of law, the Small Business Administra-                 ‘‘(4) unemployment insurance programs, welfare
tion shall continue to accept, process, and approve loan            payments, and job creation programs are less desir-
applications under paragraphs (1) through (4) of sub-               able and more costly for both the Government and
section [section] 7(b) of the Small Business Act [15                program beneficiaries than loan guarantee programs
U.S.C. 636(b)(1) to (4)] and shall obligate and disburse            to maintain employment in firms that would other-
loan funds on account of disasters which occurred prior             wise be closed, liquidated, or relocated; and
to October 1, 1985, and with respect to which a disaster               ‘‘(5) by guaranteeing loans to qualified employee
declaration application was submitted prior to October              trusts and similar employee organizations, the Small
1, 1985, even if any such application is filed after the            Business Administration can provide feasible and de-
date of the enactment of this Act [Apr. 7, 1986].’’                 sirable methods for the transfer of all or part of the
DETERMINATION OF NATURAL DISASTER BY SECRETARY                      ownership of a small business concern to its employ-
 OF AGRICULTURE TO BE DEEMED DISASTER DECLARA-                      ees.
 TION BY ADMINISTRATOR OF SMALL BUSINESS ADMIN-                     ‘‘SEC. 503. (a) The purposes of this title [enacting sec-
 ISTRATION; DISASTERS COMMENCING BETWEEN JANU-                    tions 632(c) and 636(a)(8) of this title and provisions set
 ARY 1, 1983, AND SEPTEMBER 30, 1983                              out as notes under sections 631 and 636 of this title]
                                                                  are—
  Pub. L. 98–166, title I, § 101, Nov. 28, 1983, 97 Stat. 1079,        ‘‘(1) to provide that a qualified employee trust shall
provided that for disasters commencing between Jan. 1,              be eligible for loan guarantees under section 7(a) of
1983, through Sept. 30, 1983, determination of a natural            the Small Business Act [subsec. (a) of this section]
disaster by the Secretary of Agriculture pursuant to 7              with respect to a small business concern, regardless
U.S.C. 1961 would be deemed a disaster declaration by               of the percentage of stock of the concern held by the
the Administrator of the Small Business Administra-                 trust, and
tion for purposes of determining eligibility for assist-               ‘‘(2) to provide in section 505 of this Act [enacting
ance under 15 U.S.C. 636(b)(1) for agricultural enter-              subsec. (a)(8) of this section] authority to address the
prises as defined in 15 U.S.C. 647(b).                              specific case in which the Small Business Adminis-
   REPORTS TO CONGRESS; DEFAULT RATE OF LOANS                       tration guarantees loans under section 7(a) of the
                                                                    Small Business Act [subsec. (a) of this section] for
  Pub. L. 97–35, title XIX, § 1907 Aug. 13, 1981, 95 Stat.          purposes of providing funds to a qualified employee
777, required the Small Business Administration to sub-             trust (and other employee organizations which are
mit to Congress, not later than Feb. 28, 1984, and 1985,            treated as qualified employee trusts) for the pur-
reports containing specific information on the aggre-               chase, by at least 51 percent of the employees, of at
gate number, dollar value, and default rate of all loans            least 51 percent of the stock of business which is op-
with respect to 15 U.S.C. 636(a)(5), (6)(C), (8)(A).                erated for profit and which is—
                                                                          ‘‘(A) a small business concern, or
 BUSINESS PLANS; SUBMITTAL BY CONCERNS ELIGIBLE
                                                                          ‘‘(B) a corporation which is controlled by another
             TO RECEIVE CONTRACTS
                                                                       person if, after the plan for the purchase of such
   Pub. L. 96–481, title I, § 106(b), Oct. 21, 1980, 94 Stat.          corporation is carried out, such corporation would
2322, provided that: ‘‘Notwithstanding the provisions of               be a small business concern.
subsection (a) of this section [amending subsec.                    ‘‘(b) Nothing in this title shall be construed to pro-
(j)(10)(A)(i) of this section], for concerns eligible to re-      hibit the Small Business Administration from making
ceive contracts pursuant to section 8(a) of the Small             loan guarantees under section 7(a) of the Small Busi-
Business Act [section 637(a) of this title] on the effec-         ness Act [subsec. (a) of this section] to qualified em-
tive date of the amendment made by this section [Oct.             ployee trusts which own less than 51 percent of the
21, 1980], each such concern shall submit to the Small            stock of a continuing business.’’
Page 877                                TITLE 15—COMMERCE AND TRADE                                                    § 636b

 DISASTER RELIEF AUTHORITY; STUDY AND REPORT ON                    LOANS FOR MODIFICATIONS OF MINING FACILITIES AND
                  CONSOLIDATION                                                      EQUIPMENT
  Pub. L. 94–305, title I, § 101, June 4, 1976, 90 Stat. 663,       Pub. L. 91–173, title V, § 504(d), Dec. 30, 1969, 83 Stat.
required the President to comprehensively review all              802, authorized loans under 15 U.S.C. 636(b)(5) for modi-
Federal disaster loan authorities and to report to Con-           fications of mining facilities and equipment pursuant
gress by Dec. 1, 1976, with recommendations and legis-            to former section 202 of the Public Works and Economic
lative proposals for the most effective and efficient de-         Development Act of 1965 (former 42 U.S.C. 3142), which
livery of disaster relief, including possible consolida-          was repealed by Pub. L. 105–393, title I, §102(a), Nov. 13,
tion of authorities.                                              1998, 112 Stat. 3602.

DISASTER LOANS; SPECIAL PROVISIONS FOR APPLICA-                                      Executive Documents
 TIONS RECEIVED ON OR BEFORE MARCH 19, 1981; AS-
 SISTANCE TO HARDSHIP APPLICANTS                                                 EXECUTIVE ORDER NO. 12190
  Pub. L. 97–35, title XIX, § 1916, Aug. 13, 1981, 95 Stat.         Ex. Ord. No. 12190, Feb. 1, 1980, 45 F.R. 7773, estab-
780, provided for special provisions for applications for         lished the Advisory Committee on Small and Minority
disaster loans under 15 U.S.C. 1636(b)(1), (2), or (4) re-        Business Ownership to assist in monitoring and encour-
ceived on or before Mar. 19, 1981, with assistance to             aging the placement of subcontracts by the private sec-
hardship applicants.                                              tor with eligible small businesses, to study and propose
                                                                  incentives and assistance needed by the private sector
 DISASTER LOANS; INTEREST RATE; CANCELLATION OF                   to help in the training, development, and upgrading of
                     LOANS                                        such businesses, to make periodic reports and rec-
                                                                  ommendations to the President, and to report annually
  Pub. L. 93–24, § 9, Apr. 20, 1973, 87 Stat. 25, provided        to the President and to the Congress on the activities
that: ‘‘Notwithstanding the provisions of any other               of the Committee and provided for termination of the
law, any loan made by the Small Business Administra-              Committee on Dec. 31, 1980.
tion in connection with any disaster occurring on or
after the date of enactment of this Act [Apr. 20, 1973]           EXTENSION OF TERM OF ADVISORY COMMITTEE ON SMALL
under sections 7(b)(1), (2), or (4) of the Small Business                 AND MINORITY BUSINESS OWNERSHIP
Act (15 U.S.C. 636(b)(1), (2), or (4)) [subsec. (b)(1), (2), or
                                                                    Term of Advisory Committee on Small and Minority
(4) of this section] shall bear interest at the rate deter-
                                                                  Business Ownership extended until Sept. 30, 1991, by Ex.
mined under section 324 of the Consolidated Farm and
                                                                  Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set
Rural Development Act, as amended by section 4 of this
                                                                  out as a note under section 1013 of Title 5, Government
Act [section 1964 of Title 7, Agriculture]. No portion of
                                                                  Organization and Employees, which extension was re-
any such loan shall be subject to cancellation under the
                                                                  voked by the amendment of Ex. Ord. No. 12692 made by
provisions of any law.’’
                                                                  Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969.
                                                                    Previous extensions of term of Advisory Committee
   INTEREST RATES ON LOANS TO MEET REGULATORY                     on Small and Minority Business Ownership were con-
                    STANDARDS
                                                                  tained in the following prior Executive Orders:
  Pub. L. 93–237, § 2(d), Jan. 2, 1974, 87 Stat. 1024, pro-         Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, ex-
vided that: ‘‘In no case shall the interest rate charged          tended term until Sept. 30, 1989.
for loans to meet regulatory standards be lower than                Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, ex-
loans made in connection with physical disasters.’’               tended term until Sept. 30, 1987.
                                                                    Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, ex-
                  ELECTION OF BENEFITS                            tended term until Sept. 30, 1985.
                                                                    Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended
  Pub. L. 92–385, § 1(c), Aug. 16, 1972, 86 Stat. 555, pro-       term until Sept. 30, 1984.
vided that: ‘‘Any person who (1) suffers any loss or                Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended
damage as a result of a major disaster as determined by           term until Dec. 31, 1982.
the President which occurred prior to the date of enact-
ment of this Act [August 16, 1972], (2) is eligible for as-       § 636a. Repealed. Pub. L. 97–35, title XIX, § 1917,
sistance under the amendment made by subsection (a),
                                                                      Aug. 13, 1981, 95 Stat. 781
and (3) is otherwise eligible for benefits greater than
those provided by the amendment made by subsection                  Section, Pub. L. 91–606, title II, § 231, Dec. 31, 1970, 84
(a), may elect to receive such greater benefits.’’                Stat. 1752; Pub. L. 92–385, § 6, Aug. 16, 1972, 86 Stat. 559,
                                                                  related to small business disaster loans.
          FUND FOR MANAGEMENT COUNSELING
  Pub. L. 85–699, title VI, § 602(a), (b), Aug. 21, 1958, 72             Statutory Notes and Related Subsidiaries
Stat. 698, provided that:
  ‘‘(a) Within sixty days after the enactment of this                            EFFECTIVE DATE OF REPEAL
Act [Aug. 21, 1958], each Federal Reserve bank shall pay            Repeal effective Aug. 13, 1981, but not to affect any fi-
to the United States the aggregate amount which the               nancing made, obligated, or committed under this
Secretary of the Treasury has heretofore paid to such             chapter or chapter 14B of this title prior to Aug. 13,
bank under the provisions of section 13b of the Federal           1981, see section 1918 of Pub. L. 97–35, set out as an Ef-
Reserve Act [12 U.S.C. 352a]; and such payment shall              fective Date of 1981 Amendment note under section 631
constitute a full discharge of any obligation or liability        of this title.
of the Federal Reserve bank to the United States or to
the Secretary of the Treasury arising out of subsection           § 636b. Disaster loan interest rates
(e) of said section 13b [12 U.S.C. 352a(e)] or out of any
agreement thereunder.                                               Any loan made under section 636a 1 of this title
  ‘‘(b) The amounts repaid to the United States pursu-            and section 4452 1 of title 42 shall not exceed the
ant to subsection (a) of this section shall be covered            current cost of repairing or replacing the dis-
into a special fund in the Treasury which shall be avail-         aster injury, loss, or damage in conformity with
able for grants under section 7(d) of the Small Business          current codes and specifications. Any loan made
Act [subsec. (d) of this section]. Any remaining balance          under sections 636a 1 and 636d of this title, and
of funds set aside in the Treasury for payments under
section 13b of the Federal Reserve Act [12 U.S.C. 352a]
                                                                  sections 3538 and 4452 1 of title 42 shall bear in-
shall be covered into the Treasury as miscellaneous re-
ceipts.’’                                                          1 See References in Text note below.


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