SCORE for Small Business Act of 2022
Summary
Report 117-257 of the 117th Congress, 2d Session, dated March 7, 2022, in which Ms. Velázquez reports for the Committee on Small Business on H.R. 6450, the SCORE for Small Business Act of 2022. The bill would amend the Small Business Act to reauthorize the SCORE program, and the committee reports favorably without amendment. Closing bill text provides that small business concerns may access technical information and advice by telephone and electronically to increase energy efficiency and reduce energy costs, and authorizes such sums as are necessary to remain available until expended.
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“SCORE for Small Business Act of 2022.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 117–257
SCORE FOR SMALL BUSINESS ACT OF 2022
MARCH 7, 2022.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Ms. VELÁZQUEZ, from the Committee on Small Business,
submitted the following
R E P O R T
[To accompany H.R. 6450]
The Committee on Small Business, to whom was referred the bill
(H.R. 6450) to amend the Small Business Act to reauthorize the
SCORE program, and for other purposes, having considered the
same, reports favorably thereon without amendment and rec-
ommends that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................ 1
II. Background and Need for Legislation ....................................................... 2
III. Hearings ....................................................................................................... 2
IV. Committee Consideration ........................................................................... 3
V. Committee Votes ......................................................................................... 3
VI. Section-by-Section for H.R. 6450 ............................................................... 3
VII. Congressional Budget Office Cost Estimate ............................................. 6
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 6
IX. Committee Oversight Findings and Recommendations ........................... 6
X. Statement of General Performance Goals and Objectives ....................... 7
XI. Duplication of Federal Programs ............................................................... 7
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits ..................................................................................................... 7
XIII. Federal Mandates Statement ..................................................................... 7
XIV. Federal Advisory Committee Statement ................................................... 7
XV. Applicability to Legislative Branch ........................................................... 7
XVI. Constitutional Authority Statement .......................................................... 7
XVII. Changes in Existing Law Made by the Bill, as Reported ........................ 7
I. PURPOSE AND BILL SUMMARY
The purpose of H.R. 6450 ‘‘The SCORE for Small Business Act
of 2022,’’ is to maintain the integrity, accounting, and performance
standards of the U.S. Small Business Administration’s (SBA)
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SCORE program, and to reauthorize the SCORE program.
29–006
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2
II. BACKGROUND AND NEED FOR LEGISLATION
H.R. 6450 was introduced by Representatives Young Kim (R–
CA), and Angie Craig (D–MN) on January 20, 2022. The bill would
reauthorize the SCORE program for FY2022–FY2023 and make
programmatic improvements to ensure greater oversight of the pro-
gram.
The legislation maintains safeguards to the SCORE program to
ensure that the Small Business Administration (SBA) is a good
agent of government funds, and that the counseling and training
program is operating effectively and efficiently for the 30 million
small business owners and aspiring entrepreneurs throughout the
country.
America’s 30 million small businesses account for more than 56
million jobs and create two out of three private sector jobs in the
United States. The SBA offers a wide range of free or low-cost
counseling and training services through its entrepreneurial eco-
system to help entrepreneurs launch and grow their small busi-
nesses. SCORE, a Resource Partner of the SBA, is the nation’s
largest network of volunteer expert business mentors and is dedi-
cated to helping small businesses get off the ground, grow, and
achieve their goals.1 Since 1964, they have provided education and
mentorship to over 11 million entrepreneurs.2 SCORE provides
face-to-face or virtual counseling at over 250 chapters with 10,000
SCORE volunteers.3 In addition, SCORE volunteers provide a full
range of business consultation services, such as business plan de-
velopment; strategic marketing; and financing ideas. The SBA’s
SCORE database enables small businesses to find SCORE volun-
teers that best match the needs of their business. In 2020, SCORE
helped create 45,027 new businesses and 74,535 new jobs, and it
had a return on federal investment of $67.35 for every $1 appro-
priated.4 SCORE was the only SBA Resource Partner to not receive
additional COVID–19 relief funding through the CARES Act.5
The Office of Inspector General (OIG) regularly conducts audits
and evaluations of SBA’s programs. On April 25, 2019, the Inspec-
tor General released the findings of an audit (Report No. 19–12.)
of SCORE. The OIG found that improvements are needed to ensure
SCORE minimizes risk of fraud or misuse of program funds, and
SBA did not ensure it accurately measured the effectiveness of the
SCORE program. Since the report’s release, SCORE has closed all
of the OIG’s recommendations and made incredible progress in
strengthening the oversight of the program.
III. HEARINGS
In the 117th Congress, the Committee on Small Business, Sub-
committee on Innovation, Entrepreneurship, and Workforce Devel-
opment, held a hearing on May 19, 2021, entitled, ‘‘The Small Busi-
ness Administration’s Entrepreneurial Ecosystem: An Update and
Next Steps with SBA’s Resource Partners.’’ During the hearing,
1 SCORE, About SCORE, https://www.score.org/about-score (last visited June 10, 2021).
2 Id.
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3 Id.
4 Letter from SCORE to the U.S. House of Representatives Committee on Small Business
(Feb. 3, 2021) (unpublished letter) (on file with Committee).
5 See Pub. L. No. 116–136.
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Committee Members heard from SBA Resource Partners and a
Small Business Development Center (SBDC) client.
Ms. Bridget Weston, CEO, SCORE, testified that SCORE’s net-
work of volunteer mentors is the nation’s largest with over 10,000
volunteers across over 240 chapters. SCORE’s mentors are current
or former business executives and entrepreneurs that provide first-
hand knowledge to SCORE clients to better assist them in starting
and growing their businesses. The impact of SCORE’s mentoring
services is vast and in FY 2020, SCORE held over 315,000 men-
toring sessions with SCORE mentors volunteering almost 4 million
hours of service. In addition, Ms. Weston discussed the program’s
accomplishments in closing all the SBA Office of Inspector Gen-
eral’s (OIG) recommendations within one year of the report’s re-
lease. Lastly, Ms. Weston discussed the future goals for SCORE in-
cluding expanding outreach to underserved communities, increas-
ing mentor diversity, improving resource sharing for mentors and
Chapters, and increasing monetary support to Chapters.
On October 6, 2021, the Committee held a hearing entitled,
‘‘SBA’s Entrepreneurial Development Programs,’’ and heard testi-
mony from SBA’s Assistant Administrator for the Office of Entre-
preneurial Development, Mark Madrid. Mr. Madrid testified about
the importance of SCORE within SBA’s entrepreneurial ecosystem.
In addition, Mr. Madrid testified on the Administration’s efforts to
bolster the technical assistance offered by SCORE, and SBA’s other
Resource Partners, to meet the needs of small businesses across
the country.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on February 3, 2022, and ordered H.R. 6450
favorably reported to the House of Representatives. During the
markup, no amendments were offered.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list the recorded votes on the mo-
tion to report legislation and amendments thereto. The Committee
voted by voice vote to favorably report H.R. 6450 to the House of
Representatives at 10:37 A.M.
VI. SECTION-BY-SECTION FOR H.R. 6450
Section 1. Short title
This Act may be cited as the ‘‘SCORE for Small Business Act of
2022.’’
Section 2. SCORE program provisions and requirements
This section amends Section 8 of the Small Business Act (15
U.S.C. § 637) and officially changes the name of the Service Corps
of Retired Executives (SCORE) to the SCORE program. The change
is reflective of how the SCORE program has grown beyond merely
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utilizing retired executives for its volunteer base and today utilizes
entrepreneurs who may still be actively engaged in running their
businesses.
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This section strikes subsection (c) and inserts the following:
(c) SCORE Program.
Subsection (1)—Definitions.
This subsection defines key terms in subsection (c).
Subsection (2)—Cooperative Agreement.
This subsection gives the Administrator the authority to enter
into a cooperative agreement with the SCORE Association (Associa-
tion) to carry out the program, and delineates the requirements of
the Administrator, the SCORE Association, and their joint duties.
The duties of the Administrator include conducting a financial ex-
amination of the Association every two years, reviewing and ap-
proving contracts entered into by the Association, maintaining a
system for SCORE to submit documentation, and reconciling the
differences between the Association’s performance report and the
results reported in the Office of Entrepreneurial Development’s
management information system. The duties of the Association in-
clude managing SCORE Chapters (Chapter(s)), providing annual
training to Association employees on generating and using program
income, submitting training verification documentation to the Ad-
ministrator, separating donations from federal funds received
through the cooperative agreement, and maintaining and enforcing
requirements for volunteers to provide mentoring, and facilitate
free or low-cost educational workshops for small business owners
and entrepreneurs. Joint duties include developing and imple-
menting plans to provide services to individuals in rural areas, eco-
nomically disadvantaged communities, or traditionally underserved
communities, and reinforcing an inclusive culture by recruiting di-
verse volunteers for Chapters.
Subsection (3)—Online Component.
This subsection requires the Association to, in addition to pro-
viding in-person services, maintain and expand online counseling
services through webinars, electronic mentoring platforms, and on-
line toolkits to further support entrepreneurs.
Subsection (4)—Accounting.
This subsection requires the Association to: maintain a central-
ized accounting and financing system for each SCORE Chapter;
maintain uniform policies and procedures to manage federal funds;
and appoint an employee to serve as a compliance officer to ensure
expenditures are compliant with laws, regulations, and cooperative
agreements.
Subsection (5)—Compensation.
This subsection limits employee compensation by capping the
maximum pay rate for an individual to the level received by an
SBA employee in the career Senior Executive Service and limits
the amount available for performance awards to five percent of the
aggregate salaries. The Association must submit the number and
amount of the awards to the Administrator = 60 days prior to their
disbursement. Furthermore, the bill prohibits members of the
Board of Directors of the Association and their employees from
serving on the Board of Directors or receiving compensation from
the SCORE Foundation without the Administrator’s written ap-
proval.
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Subsection (6)—Whistleblower Protection Requirements.
This subsection requires the Association to annually update
whistleblower protection policies and materials applicable to em-
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ployees or volunteers. In addition, the Association must conduct an-
nual whistleblower protection training for employees and volun-
teers and promote the use of the whistleblower hotline through the
SBA’s Office of the Inspector General.
Subsection (7)—Published Materials.
This subsection states that the Association must ensure all pub-
lished materials include an acknowledgement of the SBA’s support
of the program if the materials are paid for, in whole or in part,
by federal funds.
Subsection (8)—Privacy Requirements.
This subsection states that neither the Administrator nor the As-
sociation can disclose the personal information of SCORE clients,
including individuals or small businesses names, addresses, or tele-
phone numbers. This restriction does not hinder the Administrator
from accessing SCORE data or surveying SCORE clients.
Subsection (9)—Annual Report.
This subsection requires that, no later than 180 days after enact-
ment of this Act and annually thereafter, the Administrator shall
submit to the House and Senate Committees on Small Business, a
report on the performance and effectiveness SCORE. The report
must include the total number and unique number of clients coun-
seled and trained, the number of hours of counseling, the number
of local workshops provided, the number of clients attending online
and local workshops, client and volunteer demographics, the cost to
create a job or business and return on investment for businesses
assisted, the number of client referrals to other SBA resources and
programs, the number of clients participating in SBA loan pro-
grams, the results and summary of client satisfaction surveys, the
number of new businesses started by clients, the number of those
new businesses realizing revenue growth, the number of jobs cre-
ated, the total cost of the program, any recommendations from the
Administrator about how to improve the program, and an expla-
nation of how SCORE has been integrated with SBA’s Resource
Partners, SBA’s offices, and other public and private entities that
engage in entrepreneurial and small business development.
Section 3. Authorization of appropriations for the SCORE program
This section amends Section 20 of the Small Business Act to pro-
vide for an authorization of appropriations for two years, FY2022–
FY2023, that does not exceed $13.5 million.
Section 4. Reporting requirements
Subsection (a)—Study and Report on the Future Role of the
SCORE Program.
This subsection requires the Association to study the future role
of SCORE and to develop a strategic plan for how the program will
meet the needs of small businesses for five years after the date of
enactment of this Act. The report must include specific objectives
for the first, third, and fifth years of the five-year period. A report
must be submitted within six months of enactment of this Act to
the House and Senate Small Business Committees detailing the
findings and determinations of the study, the strategic plan devel-
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oped, and an explanation of how the Association plans to fulfill the
strategic plan if they receive level or increased funding.
Subsection (b)—Administrator Report on Leased Space.
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This subsection requires the Administrator to submit a report, no
later than one year after enactment of this Act, to the House and
Senate Committees on Small Business that provides an assessment
of the cost of leased space that is donated to SCORE Association.
Subsection (c)—Online Component Report.
This subsection requires, no later than three months after the
last day of the first full fiscal year after enactment of this Act, the
Association to submit to the House and Senate Small Business
Committees a report on the effectiveness of the online counseling
services provided by SCORE. The report must include a description
of how the Association determines electronic mentoring and
webinar needs, develops training for electronic mentoring, estab-
lishes webinar criteria curricula, and evaluates webinar and elec-
tronic mentoring results. The report should also include the inter-
nal controls used, a summary of the topics covered by the webinars,
and performance metrics used to include the number of small busi-
nesses counseled and created, the number of jobs retained, and the
funding amounts directed towards online counseling.
Section 5. Technical and conforming amendments
This section makes technical and conforming amendments to the
Small Business Act reflective of other changes made in this bill.
Section 6. Definitions
This subsection defines key terms throughout the bill.
VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
The Committee has requested but not received a cost estimate
from the Director of the Congressional Budget Office.
VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
Act of 1974, the Committee provides the following opinion and esti-
mate with respect to new budget authority, entitlement authority,
and tax expenditures. While the Committee has not received an es-
timate of new budget authority contained in the cost estimate pre-
pared by the Director of the Congressional Budget Office pursuant
to Sec. 402 of the Congressional Budget Act of 1974, the Committee
does not believe that there will be any additional costs attributable
to this legislation because all funding would be subject to future
appropriation action.
IX. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in the H.R.
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6450 are incorporated into the descriptive portions of this report.
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X. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirements of clause 3(c)(4) of rule XIII of
the Rules of the House of Representatives, the performance goals
and objectives of H.R. 6450 is to strengthen the SCORE program
to maintain accounting, program performance, safeguards and re-
porting requirements, and reauthorize the program for $13.5 mil-
lion annually for two years.
XI. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 6450 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
the Rules of the House of Representatives.
XIII. FEDERAL MANDATES STATEMENT
An estimate of Federal mandates prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the Un-
funded Mandates Reform Act was not made available to the Com-
mittee in time for the filing of this report. The Chairwoman of the
Committee shall cause such estimate to be printed in the Congres-
sional Record upon its receipt by the Committee.
XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 7 of rule XII of the Rules of the House of Rep-
resentatives, the Committee finds the authority for this legislation
in Art. I, § 8, cl. 1 of the Constitution of the United States.
XVII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
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House of Representatives, changes in existing law made by the bill,
as reported, as shown as follows: existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italic,
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8
and existing law in which no change is proposed is shown in
roman:
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
SMALL BUSINESS ACT
* * * * * * *
SEC. 7. (a) LOANS TO SMALL BUSINESS CONCERNS; ALLOWABLE
PURPOSES; QUALIFIED BUSINESS; RESTRICTIONS AND LIMITATIONS.—
The Administration is empowered to the extent and in such
amounts as provided in advance in appropriation Acts to make
loans for plant acquisition, construction, conversion, or expansion,
including the acquisition of land, material, supplies, equipment,
and working capital, and to make loans to any qualified small busi-
ness concern, including those owned by qualified Indian tribes, for
purposes of this Act. Such financings may be made either directly
or in cooperation with banks or other financial institutions through
agreements to participate on an immediate or deferred (guaran-
teed) basis. These powers shall be subject, however, to the fol-
lowing restrictions, limitations, and provisions:
(1) IN GENERAL.—
(A) CREDIT ELSEWHERE.—
(i) IN GENERAL.—The Administrator has the author-
ity to direct, and conduct oversight for, the methods by
which lenders determine whether a borrower is able to
obtain credit elsewhere. No financial assistance shall
be extended pursuant to this subsection if the appli-
cant can obtain credit elsewhere. No immediate par-
ticipation may be purchased unless it is shown that a
deferred participation is not available; and no direct fi-
nancing may be made unless it is shown that a par-
ticipation is not available.
(ii) LIQUIDITY.—On and after October 1, 2015, the
Administrator may not guarantee a loan under this
subsection if the lender determines that the borrower
is unable to obtain credit elsewhere solely because the
liquidity of the lender depends upon the guaranteed
portion of the loan being sold on the secondary mar-
ket.
(B) BACKGROUND CHECKS.—Prior to the approval of any
loan made pursuant to this subsection, or section 503 of
the Small Business Investment Act of 1958, the Adminis-
trator may verify the applicant’s criminal background, or
lack thereof, through the best available means, including,
if possible, use of the National Crime Information Center
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computer system at the Federal Bureau of Investigation.
(C) LENDING LIMITS OF LENDERS.—On and after October
1, 2015, the Administrator may not guarantee a loan
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9
under this subsection if the sole purpose for requesting the
guarantee is to allow the lender to exceed the legal lending
limit of the lender.
(2) LEVEL OF PARTICIPATION IN GUARANTEED LOANS.—
(A) IN GENERAL.—Except as provided in subparagraphs
(B), (D), (E), and (F), in an agreement to participate in a
loan on a deferred basis under this subsection (including
a loan made under the Preferred Lenders Program), such
participation by the Administration shall be equal to—
(i) 75 percent of the balance of the financing out-
standing at the time of disbursement of the loan, if
such balance exceeds $150,000; or
(ii) 85 percent of the balance of the financing out-
standing at the time of disbursement of the loan, if
such balance is less than or equal to $150,000.
(B) REDUCED PARTICIPATION UPON REQUEST.—
(i) IN GENERAL.—The guarantee percentage specified
by subparagraph (A) for any loan under this sub-
section may be reduced upon the request of the par-
ticipating lender.
(ii) PROHIBITION.—The Administration shall not use
the guarantee percentage requested by a participating
lender under clause (i) as a criterion for establishing
priorities in approving loan guarantee requests under
this subsection.
(C) INTEREST RATE UNDER PREFERRED LENDERS PRO-
GRAM.—
(i) IN GENERAL.—The maximum interest rate for a
loan guaranteed under the Preferred Lenders Program
shall not exceed the maximum interest rate, as deter-
mined by the Administration, applicable to other loans
guaranteed under this subsection.
(ii) EXPORT-IMPORT BANK LENDERS.—Any lender that
is participating in the Delegated Authority Lender
Program of the Export-Import Bank of the United
States (or any successor to the Program) shall be eligi-
ble to participate in the Preferred Lenders Program.
(iii) PREFERRED LENDERS PROGRAM DEFINED.—For
purposes of this subparagraph, the term ‘‘Preferred
Lenders Program’’ means any program established by
the Administrator, as authorized under the proviso in
section 5(b)(7), under which a written agreement be-
tween the lender and the Administration delegates to
the lender—
(I) complete authority to make and close loans
with a guarantee from the Administration without
obtaining the prior specific approval of the Admin-
istration; and
(II) complete authority to service and liquidate
such loans without obtaining the prior specific ap-
proval of the Administration for routine servicing
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and liquidation activities, but shall not take any
actions creating an actual or apparent conflict of
interest.
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(D) PARTICIPATION UNDER EXPORT WORKING CAPITAL PRO-
GRAM.—In an agreement to participate in a loan on a de-
ferred basis under the Export Working Capital Program
established pursuant to paragraph (14)(A), such participa-
tion by the Administration shall be 90 percent.
(E) PARTICIPATION IN INTERNATIONAL TRADE LOAN.—In
an agreement to participate in a loan on a deferred basis
under paragraph (16), the participation by the Administra-
tion may not exceed 90 percent.
(F) PARTICIPATION IN THE PAYCHECK PROTECTION PRO-
GRAM.—In an agreement to participate in a loan on a de-
ferred basis under paragraph (36), the participation by the
Administration shall be 100 percent.
(3) No loan shall be made under this subsection—
(A) if the total amount outstanding and committed (by
participation or otherwise) to the borrower from the busi-
ness loan and investment fund established by this Act
would exceed $3,750,000 (or if the gross loan amount
would exceed $5,000,000), except as provided in subpara-
graph (B);
(B) if the total amount outstanding and committed (on
a deferred basis) solely for the purposes provided in para-
graph (16) to the borrower from the business loan and in-
vestment fund established by this Act would exceed
$4,500,000 (or if the gross loan amount would exceed
$5,000,000), of which not more than $4,000,000 may be
used for working capital, supplies, or financings under sec-
tion 7(a)(14) for export purposes; and
(C) if effected either directly or in cooperation with
banks or other lending institutions through agreements to
participate on an immediate basis if the amount would ex-
ceed $350,000.
(4) INTEREST RATES AND PREPAYMENT CHARGES.—
(A) INTEREST RATES.—Notwithstanding the provisions of
the constitution of any State or the laws of any State lim-
iting the rate or amount of interest which may be charged,
taken, received, or reserved, the maximum legal rate of in-
terest on any financing made on a deferred basis pursuant
to this subsection shall not exceed a rate prescribed by the
Administration, and the rate of interest for the Adminis-
tration’s share of any direct or immediate participation
loan shall not exceed the current average market yield on
outstanding marketable obligations of the United States
with remaining periods to maturity comparable to the av-
erage maturities of such loans and adjusted to the nearest
one-eighth of 1 per centum, and an additional amount as
determined by the Administration, but not to exceed 1 per
centum per annum: Provided, That for those loans to as-
sist any public or private organization for the handicapped
or to assist any handicapped individual as provided in
paragraph (10) of this subsection, the interest rate shall be
3 per centum per annum.
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(B) PAYMENT OF ACCRUED INTEREST.—
(i) IN GENERAL.—Any bank or other lending institu-
tion making a claim for payment on the guaranteed
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11
portion of a loan made under this subsection shall be
paid the accrued interest due on the loan from the ear-
liest date of default to the date of payment of the
claim at a rate not to exceed the rate of interest on the
loan on the date of default, minus one percent.
(ii) LOANS SOLD ON SECONDARY MARKET.—If a loan
described in clause (i) is sold on the secondary market,
the amount of interest paid to a bank or other lending
institution described in that clause from the earliest
date of default to the date of payment of the claim
shall be no more than the agreed upon rate, minus one
percent.
(iii) APPLICABILITY.—Clauses (i) and (ii) shall not
apply to loans made on or after October 1, 2000.
(C) PREPAYMENT CHARGES.—
(i) IN GENERAL.—A borrower who prepays any loan
guaranteed under this subsection shall remit to the
Administration a subsidy recoupment fee calculated in
accordance with clause (ii) if—
(I) the loan is for a term of not less than 15
years;
(II) the prepayment is voluntary;
(III) the amount of prepayment in any calendar
year is more than 25 percent of the outstanding
balance of the loan; and
(IV) the prepayment is made within the first 3
years after disbursement of the loan proceeds.
(ii) SUBSIDY RECOUPMENT FEE.—The subsidy
recoupment fee charged under clause (i) shall be—
(I) 5 percent of the amount of prepayment, if the
borrower prepays during the first year after dis-
bursement;
(II) 3 percent of the amount of prepayment, if
the borrower prepays during the second year after
disbursement; and
(III) 1 percent of the amount of prepayment, if
the borrower prepays during the third year after
disbursement.
(5) No such loans including renewals and extensions thereof
may be made for a period or periods exceeding twenty-five
years, except that such portion of a loan made for the purpose
of acquiring real property or constructing, converting, or ex-
panding facilities may have a maturity of twenty-five years
plus such additional period as is estimated may be required to
complete such construction, conversion, or expansion.
(6) All loans made under this subsection shall be of such
sound value or so secured as reasonably to assure repayment:
Provided, however, That—
(A) for loans to assist any public or private organization
or to assist any handicapped individual as provided in
paragraph (10) of this subsection any reasonable doubt
shall be resolved in favor of the applicant;
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(B) recognizing that greater risk may be associated with
loans for energy measures as provided in paragraph (12)
of this subsection, factors in determining ‘‘sound value’’
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12
shall include, but not be limited to, quality of the product
or service; technical qualifications of the applicant or his
employees; sales projections; and the financial status of
the business concern: Provided further, That such status
need not be as sound as that required for general loans
under this subsection; and
On that portion of the loan used to refinance existing indebted-
ness held by a bank or other lending institution, the Adminis-
tration shall limit the amount of deferred participation to 80
per centum of the amount of the loan at the time of disburse-
ment: Provided further, That any authority conferred by this
subparagraph on the Administration shall be exercised solely
by the Administration and shall not be delegated to other than
Administration personnel.
(7)(A) IN GENERAL.—The Administrator may defer payments
on the principal and interest of such loans for a grace period
and use such other methods as it deems necessary and appro-
priate to assure the successful establishment and operation of
such concern.
(B) DEFERRAL REQUIREMENTS.—With respect to a defer-
ral provided under this paragraph, the Administrator may
allow lenders under this subsection—
(i) to provide full payment deferment relief (includ-
ing payment of principal and interest) for a period of
not more than 1 year; and
(ii) to provide an additional deferment period if the
borrower provides documentation justifying such addi-
tional deferment.
(C) SECONDARY MARKET.—
(i) IN GENERAL.—Except as provided in clause (ii), if
an investor declines to approve a deferral or additional
deferment requested by a lender under subparagraph
(B), the Administrator shall exercise the authority to
purchase the loan so that the borrower may receive
full payment deferment relief (including payment of
principal and interest) or an additional deferment as
described in subparagraph (B).
(ii) EXCEPTION.—If, in a fiscal year, the Adminis-
trator determines that the cost of implementing clause
(i) is greater than zero, the Administrator shall not
implement that clause.
(8) The Administration may make loans under this sub-
section to small business concerns owned and controlled by dis-
abled veterans (as defined in section 4211(3) of title 38, United
States Code).
(9) The Administration may provide loans under this sub-
section to finance residential or commercial construction or re-
habilitation for sale: Provided, however, That such loans shall
not be used primarily for the acquisition of land.
(10) The Administration may provide guaranteed loans
under this subsection to assist any public or private organiza-
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tion for the handicapped or to assist any handicapped indi-
vidual, including service-disabled veterans, in establishing, ac-
quiring, or operating a small business concern.
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13
(11) The Administration may provide loans under this sub-
section to any small business concern, or to any qualified per-
son seeking to establish such a concern when it determines
that such loan will further the policies established in section
2(c) of this Act, with particular emphasis on the preservation
or establishment of small business concerns located in urban
or rural areas with high proportions of unemployed or low-in-
come individuals or owned by low-income individuals.
(12)(A) The Administration may provide loans under this
subsection to assist any small business concern, including start
up, to enable such concern to design architecturally or engi-
neer, manufacture, distribute, market, install, or service en-
ergy measures: Provided, however, That such loan proceeds
shall not be used primarily for research and development.
(b) The Administration may provide deferred participation loans
under this subsection to finance the planning, design, or installa-
tion of pollution control facilities for the purposes set forth in sec-
tion 404 of the Small Business Investment Act of 1958. Notwith-
standing the limitation expressed in paragraph (3) of this sub-
section, a loan made under this paragraph may not result in a total
amount outstanding and committed to a borrower from the busi-
ness loan and investment fund of more than $1,000,000.
(13) The Administration may provide financing under this
subsection to State and local development companies for the
purposes of, and subject to the restrictions in, title V of the
Small Business Investment Act of 1958.
(14) EXPORT WORKING CAPITAL PROGRAM.—
(A) IN GENERAL.—The Administrator may provide exten-
sions of credit, standby letters of credit, revolving lines of
credit for export purposes, and other financing to enable
small business concerns, including small business export
trading companies and small business export management
companies, to develop foreign markets. A bank or partici-
pating lending institution may establish the rate of inter-
est on such financings as may be legal and reasonable.
(B) TERMS.—
(i) LOAN AMOUNT.—The Administrator may not
guarantee a loan under this paragraph of more than
$5,000,000.
(ii) FEES.—
(I) IN GENERAL.—For a loan under this para-
graph, the Administrator shall collect the fee as-
sessed under paragraph (23) not more frequently
than once each year.
(II) UNTAPPED CREDIT.—The Administrator may
not assess a fee on capital that is not accessed by
the small business concern.
(C) CONSIDERATIONS.—When considering loan or guar-
antee applications, the Administration shall give weight to
export-related benefits, including opening new markets for
United States goods and services abroad and encouraging
the involvement of small businesses, including agricultural
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concerns, in the export market.
(D) MARKETING.—The Administrator shall aggressively
market its export financing program to small businesses.
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14
(15)(A) The Administration may guarantee loans under this
subsection—
(i) to qualified employee trusts with respect to a small
business concern for the purpose of purchasing, and for
any transaction costs associated with purchasing, stock of
the concern under a plan approved by the Administrator
which, when carried out, results in the qualified employee
trust owning at least 51 per centum of the stock of the con-
cern; and
(ii) to a small business concern under a plan approved
by the Administrator, if the proceeds from the loan are
only used to make a loan to a qualified employee trust,
and for any transaction costs associated with making that
loan, that results in the qualified employee trust owning
at least 51 percent of the small business concern.
(B) The plan requiring the Administrator’s approval under
subparagraph (A) shall be submitted to the Administration by
the trustee of such trust or by the small business concern with
its application for the guarantee. Such plan shall include an
agreement with the Administrator which is binding on such
trust and on the small business concern and which provides
that—
(i) not later than the date the loan guaranteed under
subparagraph (A) is repaid (or as soon thereafter as is con-
sistent with the requirements of section 401(a) of the In-
ternal Revenue Code of 1954), at least 51 per centum of
the total stock of such concern shall be allocated to the ac-
counts of at least 51 per centum of the employees of such
concern who are entitled to share in such allocation,
(ii) there will be periodic reviews of the role in the man-
agement of such concern of employees to whose accounts
stock is allocated,
(iii) there will be adequate management to assure man-
agement expertise and continuity, and
(iv) with respect to a loan made to a trust, or to a coop-
erative in accordance with paragraph (35)—
(I) a seller of the small business concern may re-
main involved as an officer, director, or key employee
of the small business concern when a qualified em-
ployee trust or cooperative has acquired 100 percent of
ownership of the small business concern; and
(II) any seller of the small business concern who re-
mains as an owner of the small business concern, re-
gardless of the percentage of ownership interest, shall
be required to provide a personal guarantee by the Ad-
ministration.
(C) In determining whether to guarantee any loan under this
paragraph, the individual business experience or personal as-
sets of employee-owners shall not be used as criteria, except in-
asmuch as certain employee-owners may assume managerial
responsibilities, in which case business experience may be con-
sidered.
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(D) For purposes of this paragraph, a corporation which is
controlled by any other person shall be treated as a small busi-
ness concern if such corporation would, after the plan de-
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15
scribed in subparagraph (B) is carried out, be treated as a
small business concern.
(E) The Administration shall compile a separate list of appli-
cations for assistance under this paragraph, indicating which
applications were accepted and which were denied, and shall
report periodically to the Congress on the status of employee-
owned firms assisted by the Administration, which shall in-
clude—
(i) the total number of loans made to employee-owned
business concerns that were guaranteed by the Adminis-
trator under section 7(a) of the Small Business Act (15
U.S.C. 636(a)) or section 502 of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 696), including the number of
loans made—
(I) to small business concerns owned and controlled
by socially and economically disadvantaged individ-
uals; and
(II) to cooperatives;
(ii) the total number of financings made to employee-
owned business concerns by companies licensed under sec-
tion 301(c) of the Small Business Investment Act of 1958
(15 U.S.C. 696(c)), including the number of financings
made—
(I) to small business concerns owned and controlled
by socially and economically disadvantaged individ-
uals; and
(II) to cooperatives; and
(iii) any outreach and educational activities conducted by
the Administration with respect to employee-owned busi-
ness concerns.
(F) A small business concern that makes a loan to a qualified
employee trust under subparagraph (A)(ii) is not required to
contain the same terms and conditions as the loan made to the
small business concern that is guaranteed by the Administra-
tion under such subparagraph.
(G) With respect to a loan made to a qualified employee trust
under this paragraph, or to a cooperative in accordance with
paragraph (35), the Administrator may, as deemed appro-
priate, elect to not require any mandatory equity to be pro-
vided by the qualified employee trust or cooperative to make
the loan.
(16) INTERNATIONAL TRADE.—
(A) IN GENERAL.—If the Administrator determines that a
loan guaranteed under this subsection will allow an eligi-
ble small business concern that is engaged in or adversely
affected by international trade to improve its competitive
position, the Administrator may make such loan to assist
such concern—
(i) in the financing of the acquisition, construction,
renovation, modernization, improvement, or expansion
of productive facilities or equipment to be used in the
United States in the production of goods and services
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involved in international trade;
(ii) in the refinancing of existing indebtedness that
is not structured with reasonable terms and condi-
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16
tions, including any debt that qualifies for refinancing
under any other provision of this subsection; or
(iii) by providing working capital.
(B) SECURITY.—
(i) IN GENERAL.—Except as provided in clause (ii),
each loan made under this paragraph shall be secured
by a first lien position or first mortgage on the prop-
erty or equipment financed by the loan or on other as-
sets of the small business concern.
(ii) EXCEPTION.—A loan under this paragraph may
be secured by a second lien position on the property or
equipment financed by the loan or on other assets of
the small business concern, if the Administrator deter-
mines the lien provides adequate assurance of the pay-
ment of the loan.
(C) ENGAGED IN INTERNATIONAL TRADE.—For purposes of
this paragraph, a small business concern is engaged in
international trade if, as determined by the Administrator,
the small business concern is in a position to expand exist-
ing export markets or develop new export markets.
(D) ADVERSELY AFFECTED BY INTERNATIONAL TRADE.—
For purposes of this paragraph, a small business concern
is adversely affected by international trade if, as deter-
mined by the Administrator, the small business concern—
(i) is confronting increased competition with foreign
firms in the relevant market; and
(ii) is injured by such competition.
(E) FINDINGS BY CERTAIN FEDERAL AGENCIES.—For pur-
poses of subparagraph (D)(ii) the Administrator shall ac-
cept any finding of injury by the International Trade Com-
mission or any finding of injury by the Secretary of Com-
merce pursuant to chapter 3 of title II of the Trade Act of
1974.
(F) LIST OF EXPORT FINANCE LENDERS.—
(i) PUBLICATION OF LIST REQUIRED.—The Adminis-
trator shall publish an annual list of the banks and
participating lending institutions that, during the 1-
year period ending on the date of publication of the
list, have made loans guaranteed by the Administra-
tion under—
(I) this paragraph;
(II) paragraph (14); or
(III) paragraph (34).
(ii) AVAILABILITY OF LIST.—The Administrator
shall—
(I) post the list published under clause (i) on the
website of the Administration; and
(II) make the list published under clause (i)
available, upon request, at each district office of
the Administration.
(17) The Administration shall authorize lending institutions
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and other entities in addition to banks to make loans author-
ized under this subsection.
(18) GUARANTEE FEES.—
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17
(A) IN GENERAL.—With respect to each loan guaranteed
under this subsection (other than a loan that is repayable
in 1 year or less), the Administration shall collect a guar-
antee fee, which shall be payable by the participating lend-
er, and may be charged to the borrower, as follows:
(i) A guarantee fee not to exceed 2 percent of the de-
ferred participation share of a total loan amount that
is not more than $150,000.
(ii) A guarantee fee not to exceed 3 percent of the
deferred participation share of a total loan amount
that is more than $150,000, but not more than
$700,000.
(iii) A guarantee fee not to exceed 3.5 percent of the
deferred participation share of a total loan amount
that is more than $700,000.
(iv) In addition to the fee under clause (iii), a guar-
antee fee equal to 0.25 percent of any portion of the
deferred participation share that is more than
$1,000,000.
(B) RETENTION OF CERTAIN FEES.—Lenders participating
in the programs established under this subsection may re-
tain not more than 25 percent of a fee collected under sub-
paragraph (A)(i).
(19)(A) In addition to the Preferred Lenders Program author-
ized by the proviso in section 5(b)(7), the Administration is au-
thorized to establish a Certified Lenders Program for lenders
who establish their knowledge of Administration laws and reg-
ulations concerning the guaranteed loan program and their
proficiency in program requirements. The designation of a
lender as a certified lender shall be suspended or revoked at
any time that the Administration determines that the lender
is not adhering to its rules and regulations or that the loss ex-
perience of the lender is excessive as compared to other lend-
ers, but such suspension or revocation shall not affect any out-
standing guarantee.
(B) In order to encourage all lending institutions and other
entities making loans authorized under this subsection to pro-
vide loans of $50,000 or less in guarantees to eligible small
business loan applicants, the Administration shall develop and
allow participating lenders to solely utilize a uniform and sim-
plified loan form for such loans.
(C) Authority to liquidate loans.—
(i) IN GENERAL.—The Administrator may permit
lenders participating in the Certified Lenders Program
to liquidate loans made with a guarantee from the Ad-
ministration pursuant to a liquidation plan approved
by the Administrator.
(ii) Automatic approval.—If the Administrator does
not approve or deny a request for approval of a liq-
uidation plan within 10 business days of the date on
which the request is made (or with respect to any rou-
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tine liquidation activity under such a plan, within 5
business days) such request shall be deemed to be ap-
proved.
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18
(20)(A) The Administration is empowered to make loans ei-
ther directly or in cooperation with banks or other financial in-
stitutions through agreements to participate on an immediate
or deferred (guaranteed) basis to small business concerns eligi-
ble for assistance under subsection (j)(10) and section 8(a).
Such assistance may be provided only if the Administration de-
termines that—
(i) the type and amount of such assistance requested by
such concern is not otherwise available on reasonable
terms from other sources;
(ii) with such assistance such concern has a reasonable
prospect for operating soundly and profitably within a rea-
sonable period of time;
(iii) the proceeds of such assistance will be used within
a reasonable time for plant construction, conversion, or ex-
pansion, including the acquisition of equipment, facilities,
machinery, supplies, or material or to supply such concern
with working capital to be used in the manufacture of arti-
cles, equipment, supplies, or material for defense or civil-
ian production or as may be necessary to insure a well-bal-
anced national economy; and
(iv) such assistance is of such sound value as reasonably
to assure that the terms under which it is provided will
not be breached by the small business concern.
(B)(i) No loan shall be made under this paragraph if the total
amount outstanding and committed (by participation or other-
wise) to the borrower would exceed $750,000.
(ii) Subject to the provisions of clause (i), in agreements to
participate in loans on a deferred (guaranteed) basis, participa-
tion by the Administration shall be not less than 85 per cen-
tum of the balance of the financing outstanding at the time of
disbursement.
(iii) The rate of interest on financings made on a deferred
(guaranteed) basis shall be legal and reasonable.
(iv) Financings made pursuant to this paragraph shall be
subject to the following limitations:
(I) No immediate participation may be purchased unless
it is shown that a deferred participation is not available.
(II) No direct financing may be made unless it is shown
that a participation is unavailable.
(C) A direct loan or the Administration’s share of an imme-
diate participation loan made pursuant to this paragraph shall
be any secured debt instrument—
(i) that is subordinated by its terms to all other bor-
rowings of the issuer;
(ii) the rate of interest on which shall not exceed the cur-
rent average market yield on outstanding marketable obli-
gations of the United States with remaining periods to ma-
turity comparable to the average maturities of such loan
and adjusted to the nearest one-eighth of 1 per centum;
(iii) the term of which is not more than twenty-five
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years; and
(iv) the principal on which is amortized at such rate as
may be deemed appropriate by the Administration, and
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19
the interest on which is payable not less often than annu-
ally.
(21)(A) The Administration may make loans on a guaranteed
basis under the authority of this subsection—
(i) to a small business concern that has been (or can reason-
ably be expected to be) detrimentally affected by—
(I) the closure (or substantial reduction) of a Department
of Defense installation; or
(II) the termination (or substantial reduction) of a De-
partment of Defense program on which such small busi-
ness was a prime contractor or subcontractor (or supplier)
at any tier; or
(ii) to a qualified individual or a veteran seeking to establish
(or acquire) and operate a small business concern.
(B) Recognizing that greater risk may be associated with a loan
to a small business concern described in subparagraph (A)(i), any
reasonable doubts concerning the firm’s proposed business plan for
transition to nondefense-related markets shall be resolved in favor
of the loan applicant when making any determination regarding
the sound value of the proposed loan in accordance with paragraph
(6).
(C) Loans pursuant to this paragraph shall be authorized in such
amounts as provided in advance in appropriation Acts for the pur-
poses of loans under this paragraph.
(D) For purposes of this paragraph a qualified individual is—
(i) a member of the Armed Forces of the United States, hon-
orably discharged from active duty involuntarily or pursuant to
a program providing bonuses or other inducements to encour-
age voluntary separation or early retirement;
(ii) a civilian employee of the Department of Defense invol-
untarily separated from Federal service or retired pursuant to
a program offering inducements to encourage early retirement;
or
(iii) an employee of a prime contractor, subcontractor, or sup-
plier at any tier of a Department of Defense program whose
employment is involuntarily terminated (or voluntarily termi-
nated pursuant to a program offering inducements to encour-
age voluntary separation or early retirement) due to the termi-
nation (or substantial reduction) of a Department of Defense
program.
(E) JOB CREATION AND COMMUNITY BENEFIT.—In providing
assistance under this paragraph, the Administration shall de-
velop procedures to ensure, to the maximum extent practicable,
that such assistance is used for projects that—
(i) have the greatest potential for—
(I) creating new jobs for individuals whose employ-
ment is involuntarily terminated due to reductions in
Federal defense expenditures; or
(II) preventing the loss of jobs by employees of small
business concerns described in subparagraph (A)(i);
and
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(ii) have substantial potential for stimulating new eco-
nomic activity in communities most affected by reductions
in Federal defense expenditures.
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20
(22) The Administration is authorized to permit participating
lenders to impose and collect a reasonable penalty fee on late
payments of loans guaranteed under this subsection in an
amount not to exceed 5 percent of the monthly loan payment
per month plus interest.
(23) YEARLY FEE.—
(A) IN GENERAL.—With respect to each loan approved
under this subsection, the Administration shall assess, col-
lect, and retain a fee, not to exceed 0.55 percent per year
of the outstanding balance of the deferred participation
share of the loan, in an amount established once annually
by the Administration in the Administration’s annual
budget request to Congress, as necessary to reduce to zero
the cost to the Administration of making guarantees under
this subsection. As used in this paragraph, the term ‘‘cost’’
has the meaning given that term in section 502 of the Fed-
eral Credit Reform Act of 1990 (2 U.S.C. 661a).
(B) PAYER.—The yearly fee assessed under subpara-
graph (A) shall be payable by the participating lender and
shall not be charged to the borrower.
(C) LOWERING OF BORROWER FEES.—If the Administra-
tion determines that fees paid by lenders and by small
business borrowers for guarantees under this subsection
may be reduced, consistent with reducing to zero the cost
to the Administration of making such guarantees—
(i) the Administration shall first consider reducing
fees paid by small business borrowers under clauses (i)
through (iii) of paragraph (18)(A), to the maximum ex-
tent possible; and
(ii) fees paid by small business borrowers shall not
be increased above the levels in effect on the date of
enactment of this subparagraph.
(24) NOTIFICATION REQUIREMENT.—The Administration shall
notify the Committees on Small Business of the Senate and the
House of Representatives not later than 15 days before making
any significant policy or administrative change affecting the
operation of the loan program under this subsection.
(25) LIMITATION ON CONDUCTING PILOT PROJECTS.—
(A) IN GENERAL.—Not more than 10 percent of the total
number of loans guaranteed in any fiscal year under this
subsection may be awarded as part of a pilot program
which is commenced by the Administrator on or after Octo-
ber 1, 1996.
(B) PILOT PROGRAM DEFINED.—In this paragraph, the
term ‘‘pilot program’’ means any lending program initia-
tive, project, innovation, or other activity not specifically
authorized by law.
(C) LOW DOCUMENTATION LOAN PROGRAM.—The Adminis-
trator may carry out the low documentation loan program
for loans of $100,000 or less only through lenders with sig-
nificant experience in making small business loans. Not
later than 90 days after the date of enactment of this sub-
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section, the Administrator shall promulgate regulations
defining the experience necessary for participation as a
lender in the low documentation loan program.
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21
(26) CALCULATION OF SUBSIDY RATE.—All fees, interest, and
profits received and retained by the Administration under this
subsection shall be included in the calculations made by the
Director of the Office of Management and Budget to offset the
cost (as that term is defined in section 502 of the Federal Cred-
it Reform Act of 1990) to the Administration of purchasing and
guaranteeing loans under this Act.
(28) LEASING.—In addition to such other lease arrangements
as may be authorized by the Administration, a borrower may
permanently lease to one or more tenants not more than 20
percent of any property constructed with the proceeds of a loan
guaranteed under this subsection, if the borrower permanently
occupies and uses not less than 60 percent of the total business
space in the property.
(29) REAL ESTATE APPRAISALS.—
(A) IN GENERAL.—With respect to a loan under this sub-
section that is secured by commercial real property, an ap-
praisal of such property by a State licensed or certified ap-
praiser—
(i) shall be required by the Administration in con-
nection with any such loan, if such loan is in an
amount greater than the Federal banking regulator
appraisal threshold; or
(ii) may be required by the Administration or the
lender in connection with any such loan, if such loan
is in an amount equal to or less than the Federal
banking regulator appraisal threshold, if such ap-
praisal is necessary for appropriate evaluation of cred-
itworthiness.
(B) FEDERAL BANKING REGULATOR APPRAISAL THRESHOLD
DEFINED.—For purposes of this paragraph, the term ‘‘Fed-
eral banking regulator appraisal threshold’’ means the
lesser of the threshold amounts set by the Board of Gov-
ernors of the Federal Reserve System, the Comptroller of
the Currency, and the Federal Deposit Insurance Corpora-
tion for when a federally related transaction that is a com-
mercial real estate transaction requires an appraisal pre-
pared by a State licensed or certified appraiser.
(30) OWNERSHIP REQUIREMENTS.—Ownership requirements
to determine the eligibility of a small business concern that ap-
plies for assistance under any credit program under this Act
shall be determined without regard to any ownership interest
of a spouse arising solely from the application of the commu-
nity property laws of a State for purposes of determining mar-
ital interests.
(31) EXPRESS LOANS.—
(A) DEFINITIONS.—As used in this paragraph:
(i) The term ‘‘disaster area’’ means the area for
which the President has declared a major disaster,
during the 5-year period beginning on the date of the
declaration.
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(ii) The term ‘‘express lender’’ means any lender au-
thorized by the Administration to participate in the
Express Loan Program.
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22
(iii) The term ‘‘express loan’’ means any loan made
pursuant to this paragraph in which a lender utilizes
to the maximum extent practicable its own loan anal-
yses, procedures, and documentation.
(iv) The term ‘‘Express Loan Program’’ means the
program for express loans established by the Adminis-
tration under paragraph (25)(B), as in existence on
April 5, 2004, with a guaranty rate of not more than
50 percent.
(B) RESTRICTION TO EXPRESS LENDER.—The authority to
make an express loan shall be limited to those lenders
deemed qualified to make such loans by the Administra-
tion. Designation as an express lender for purposes of
making an express loan shall not prohibit such lender from
taking any other action authorized by the Administration
for that lender pursuant to this subsection.
(C) GRANDFATHERING OF EXISTING LENDERS.—Any ex-
press lender shall retain such designation unless the Ad-
ministration determines that the express lender has vio-
lated the law or regulations promulgated by the Adminis-
tration or modifies the requirements to be an express lend-
er and the lender no longer satisfies those requirements.
(D) MAXIMUM LOAN AMOUNT.—The maximum loan
amount under the Express Loan Program is $1,000,000.
(E) OPTION TO PARTICIPATE.—Except as otherwise pro-
vided in this paragraph, the Administration shall take no
regulatory, policy, or administrative action, without regard
to whether such action requires notification pursuant to
paragraph (24), that has the effect of requiring a lender to
make an express loan pursuant to subparagraph (D).
(F) EXPRESS LOANS FOR RENEWABLE ENERGY AND ENERGY
EFFICIENCY.—
(i) DEFINITIONS.—In this subparagraph—
(I) the term ‘‘biomass’’—
(aa) means any organic material that is
available on a renewable or recurring basis,
including—
(AA) agricultural crops;
(BB) trees grown for energy production;
(CC) wood waste and wood residues;
(DD) plants (including aquatic plants
and grasses);
(EE) residues;
(FF) fibers;
(GG) animal wastes and other waste
materials; and
(HH) fats, oils, and greases (including
recycled fats, oils, and greases); and
(bb) does not include—
(AA) paper that is commonly recycled;
or
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(BB) unsegregated solid waste;
(II) the term ‘‘energy efficiency project’’ means
the installation or upgrading of equipment that
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23
results in a significant reduction in energy usage;
and
(III) the term ‘‘renewable energy system’’ means
a system of energy derived from—
(aa) a wind, solar, biomass (including bio-
diesel), or geothermal source; or
(bb) hydrogen derived from biomass or
water using an energy source described in
item (aa).
(ii) LOANS.—The Administrator may make a loan
under the Express Loan Program for the purpose of—
(I) purchasing a renewable energy system; or
(II) carrying out an energy efficiency project for
a small business concern.
(G) GUARANTEE FEE WAIVER FOR VETERANS.—
(i) GUARANTEE FEE WAIVER.—The Administrator
may not collect a guarantee fee described in paragraph
(18) in connection with a loan made under this para-
graph to a veteran or spouse of a veteran on or after
October 1, 2015.
(ii) DEFINITION.—In this subparagraph, the term
‘‘veteran or spouse of a veteran’’ means—
(I) a veteran, as defined in section 3(q)(4);
(II) an individual who is eligible to participate
in the Transition Assistance Program established
under section 1144 of title 10, United States Code;
(III) a member of a reserve component of the
Armed Forces named in section 10101 of title 10,
United States Code;
(IV) the spouse of an individual described in
subclause (I), (II), or (III); or
(V) the surviving spouse (as defined in section
101 of title 38, United States Code) of an indi-
vidual described in subclause (I), (II), or (III) who
died while serving on active duty or as a result of
a disability that is service-connected (as defined in
such section).
(H) RECOVERY OPPORTUNITY LOANS.—
(i) IN GENERAL.—The Administrator may guarantee
an express loan to a small business concern located in
a disaster area in accordance with this subparagraph.
(ii) MAXIMUMS.—For a loan guaranteed under clause
(i)—
(I) the maximum loan amount is $150,000; and
(II) the guarantee rate shall be not more than
85 percent.
(iii) OVERALL CAP.—A loan guaranteed under clause
(i) shall not be counted in determining the amount of
loans made to a borrower for purposes of subpara-
graph (D).
(iv) OPERATIONS.—A small business concern receiv-
ing a loan guaranteed under clause (i) shall certify
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that the small business concern was in operation on
the date on which the applicable major disaster oc-
curred as a condition of receiving the loan.
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24
(v) REPAYMENT ABILITY.—A loan guaranteed under
clause (i) may only be made to a small business con-
cern that demonstrates, to the satisfaction of the Ad-
ministrator, sufficient capacity to repay the loan.
(vi) TIMING OF PAYMENT OF GUARANTEES.—
(I) IN GENERAL.—Not later than 90 days after
the date on which a request for purchase is filed
with the Administrator, the Administrator shall
determine whether to pay the guaranteed portion
of the loan.
(II) RECAPTURE.—Notwithstanding any other
provision of law, unless there is a subsequent
finding of fraud by a court of competent jurisdic-
tion relating to a loan guaranteed under clause (i),
on and after the date that is 6 months after the
date on which the Administrator determines to
pay the guaranteed portion of the loan, the Ad-
ministrator may not attempt to recapture the paid
guarantee.
(vii) FEES.—
(I) IN GENERAL.—Unless the Administrator has
waived the guarantee fee that would otherwise be
collected by the Administrator under paragraph
(18) for a loan guaranteed under clause (i), and
except as provided in subclause (II), the guarantee
fee for the loan shall be equal to the guarantee fee
that the Administrator would collect if the guar-
antee rate for the loan was 50 percent.
(II) EXCEPTION.—Subclause (I) shall not apply if
the cost of carrying out the program under this
subsection in a fiscal year is more than zero and
such cost is directly attributable to the cost of
guaranteeing loans under clause (i).
(viii) RULES.—Not later than 270 days after the date
of enactment of this subparagraph, the Administrator
shall promulgate rules to carry out this subparagraph.
(32) LOANS FOR ENERGY EFFICIENT TECHNOLOGIES.—
(A) DEFINITIONS.—In this paragraph—
(i) the term ‘‘cost’’ has the meaning given that term
in section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a);
(ii) the term ‘‘covered energy efficiency loan’’ means
a loan—
(I) made under this subsection; and
(II) the proceeds of which are used to purchase
energy efficient designs, equipment, or fixtures, or
to reduce the energy consumption of the borrower
by 10 percent or more; and
(iii) the term ‘‘pilot program’’ means the pilot pro-
gram established under subparagraph (B)
(B) ESTABLISHMENT.—The Administrator shall establish
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and carry out a pilot program under which the Adminis-
trator shall reduce the fees for covered energy efficiency
loans.
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25
(C) DURATION.—The pilot program shall terminate at
the end of the second full fiscal year after the date that the
Administrator establishes the pilot program.
(D) MAXIMUM PARTICIPATION.—A covered energy effi-
ciency loan shall include the maximum participation levels
by the Administrator permitted for loans made under this
subsection.
(E) FEES.—
(i) IN GENERAL.—The fee on a covered energy effi-
ciency loan shall be equal to 50 percent of the fee oth-
erwise applicable to that loan under paragraph (18).
(ii) WAIVER.—The Administrator may waive clause
(i) for a fiscal year if—
(I) for the fiscal year before that fiscal year, the
annual rate of default of covered energy efficiency
loans exceeds that of loans made under this sub-
section that are not covered energy efficiency
loans;
(II) the cost to the Administration of making
loans under this subsection is greater than zero
and such cost is directly attributable to the cost of
making covered energy efficiency loans; and
(III) no additional sources of revenue authority
are available to reduce the cost of making loans
under this subsection to zero.
(iii) EFFECT OF WAIVER.—If the Administrator
waives the reduction of fees under clause (ii), the Ad-
ministrator—
(I) shall not assess or collect fees in an amount
greater than necessary to ensure that the cost of
the program under this subsection is not greater
than zero; and
(II) shall reinstate the fee reductions under
clause (i) when the conditions in clause (ii) no
longer apply.
(iv) NO INCREASE OF FEES.—The Administrator shall
not increase the fees under paragraph (18) on loans
made under this subsection that are not covered en-
ergy efficiency loans as a direct result of the pilot pro-
gram.
(F) GAO REPORT.—
(i) IN GENERAL.—Not later than 1 year after the
date that the pilot program terminates, the Comp-
troller General of the United States shall submit to
the Committee on Small Business of the House of Rep-
resentatives and the Committee on Small Business
and Entrepreneurship of the Senate a report on the
pilot program.
(ii) CONTENTS.—The report submitted under clause
(i) shall include—
(I) the number of covered energy efficiency loans
for which fees were reduced under the pilot pro-
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gram;
(II) a description of the energy efficiency savings
with the pilot program;
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26
(III) a description of the impact of the pilot pro-
gram on the program under this subsection;
(IV) an evaluation of the efficacy and potential
fraud and abuse of the pilot program; and
(V) recommendations for improving the pilot
program.
(33) INCREASED VETERAN PARTICIPATION PROGRAM.—
(A) DEFINITIONS.—In this paragraph—
(i) the term ‘‘cost’’ has the meaning given that term
in section 502 of the Federal Credit Reform Act of
1990 (2 U.S.C. 661a);
(ii) the term ‘‘pilot program’’ means the pilot pro-
gram established under subparagraph (B); and
(iii) the term ‘‘veteran participation loan’’ means a
loan made under this subsection to a small business
concern owned and controlled by veterans of the
Armed Forces or members of the reserve components
of the Armed Forces.
(B) ESTABLISHMENT.—The Administrator shall establish
and carry out a pilot program under which the Adminis-
trator shall reduce the fees for veteran participation loans.
(C) DURATION.—The pilot program shall terminate at
the end of the second full fiscal year after the date that the
Administrator establishes the pilot program.
(D) MAXIMUM PARTICIPATION.—A veteran participation
loan shall include the maximum participation levels by the
Administrator permitted for loans made under this sub-
section.
(E) FEES.—
(i) IN GENERAL.—The fee on a veteran participation
loan shall be equal to 50 percent of the fee otherwise
applicable to that loan under paragraph (18).
(ii) WAIVER.—The Administrator may waive clause
(i) for a fiscal year if—
(I) for the fiscal year before that fiscal year, the
annual estimated rate of default of veteran par-
ticipation loans exceeds that of loans made under
this subsection that are not veteran participation
loans;
(II) the cost to the Administration of making
loans under this subsection is greater than zero
and such cost is directly attributable to the cost of
making veteran participation loans; and
(III) no additional sources of revenue authority
are available to reduce the cost of making loans
under this subsection to zero.
(iii) EFFECT OF WAIVER.—If the Administrator
waives the reduction of fees under clause (ii), the Ad-
ministrator—
(I) shall not assess or collect fees in an amount
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greater than necessary to ensure that the cost of
the program under this subsection is not greater
than zero; and
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27
(II) shall reinstate the fee reductions under
clause (i) when the conditions in clause (ii) no
longer apply.
(iv) NO INCREASE OF FEES.—The Administrator shall
not increase the fees under paragraph (18) on loans
made under this subsection that are not veteran par-
ticipation loans as a direct result of the pilot program.
(F) GAO REPORT.—
(i) IN GENERAL.—Not later than 1 year after the
date that the pilot program terminates, the Comp-
troller General of the United States shall submit to
the Committee on Small Business of the House of Rep-
resentatives and the Committee on Small Business
and Entrepreneurship of the Senate a report on the
pilot program.
(ii) CONTENTS.—The report submitted under clause
(i) shall include—
(I) the number of veteran participation loans for
which fees were reduced under the pilot program;
(II) a description of the impact of the pilot pro-
gram on the program under this subsection;
(III) an evaluation of the efficacy and potential
fraud and abuse of the pilot program; and
(IV) recommendations for improving the pilot
program.
(34) EXPORT EXPRESS PROGRAM.—
(A) DEFINITIONS.—In this paragraph—
(i) the term ‘‘export development activity’’ includes—
(I) obtaining a standby letter of credit when re-
quired as a bid bond, performance bond, or ad-
vance payment guarantee;
(II) participation in a trade show that takes
place outside the United States;
(III) translation of product brochures or cata-
logues for use in markets outside the United
States;
(IV) obtaining a general line of credit for export
purposes;
(V) performing a service contract from buyers
located outside the United States;
(VI) obtaining transaction-specific financing as-
sociated with completing export orders;
(VII) purchasing real estate or equipment to be
used in the production of goods or services for ex-
port;
(VIII) providing term loans or other financing to
enable a small business concern, including an ex-
port trading company and an export management
company, to develop a market outside the United
States; and
(IX) acquiring, constructing, renovating, mod-
ernizing, improving, or expanding a production fa-
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cility or equipment to be used in the United
States in the production of goods or services for
export; and
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28
(ii) the term ‘‘express loan’’ means a loan in which
a lender uses to the maximum extent practicable the
loan analyses, procedures, and documentation of the
lender to provide expedited processing of the loan ap-
plication.
(B) AUTHORITY.—The Administrator may guarantee the
timely payment of an express loan to a small business con-
cern made for an export development activity.
(C) LEVEL OF PARTICIPATION.—
(i) MAXIMUM AMOUNT.—The maximum amount of an
express loan guaranteed under this paragraph shall be
$500,000.
(ii) PERCENTAGE.—For an express loan guaranteed
under this paragraph, the Administrator shall guar-
antee—
(I) 90 percent of a loan that is not more than
$350,000; and
(II) 75 percent of a loan that is more than
$350,000 and not more than $500,000.
(35) LOANS TO COOPERATIVES.—
(A) DEFINITION.—In this paragraph, the term ‘‘coopera-
tive’’ means an entity that is determined to be a coopera-
tive by the Administrator, in accordance with applicable
Federal and State laws and regulation.
(B) AUTHORITY.—The Administration shall guarantee
loans made to a cooperative for the purpose described in
paragraph (15).
(36) PAYCHECK PROTECTION PROGRAM.—
(A) DEFINITIONS.—In this paragraph—
(i) the terms ‘‘appropriate Federal banking agency’’
and ‘‘insured depository institution’’ have the mean-
ings given those terms in section 3 of the Federal De-
posit Insurance Act (12 U.S.C. 1813);
(ii) the term ‘‘covered loan’’ means a loan made
under this paragraph during the covered period;
(iii) the term ‘‘covered period’’ means the period be-
ginning on February 15, 2020 and ending on June 30,
2021;
(iv) the term ‘‘eligible recipient’’ means an individual
or entity that is eligible to receive a covered loan;
(v) the term ‘‘eligible self-employed individual’’ has
the meaning given the term in section 7002(b) of the
Families First Coronavirus Response Act (Public Law
116–127);
(vi) the term ‘‘insured credit union’’ has the meaning
given the term in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752);
(vii) the term ‘‘nonprofit organization’’ means an or-
ganization that is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and that is exempt
from taxation under section 501(a) of such Code;
(viii) the term ‘‘payroll costs’’—
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(I) means—
(aa) the sum of payments of any compensa-
tion with respect to employees that is a—
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29
(AA) salary, wage, commission, or simi-
lar compensation;
(BB) payment of cash tip or equivalent;
(CC) payment for vacation, parental,
family, medical, or sick leave;
(DD) allowance for dismissal or separa-
tion;
(EE) payment required for the provi-
sions of group health care or group life,
disability, vision, or dental insurance ben-
efits, including insurance premiums;
(FF) payment of any retirement benefit;
or
(GG) payment of State or local tax as-
sessed on the compensation of employees;
and
(bb) the sum of payments of any compensa-
tion to or income of a sole proprietor or inde-
pendent contractor that is a wage, commis-
sion, income, net earnings from self-employ-
ment, or similar compensation and that is in
an amount that is not more than $100,000 on
an annualized basis, as prorated for the pe-
riod during which the payments are made or
the obligation to make the payments is in-
curred; and
(II) shall not include—
(aa) the compensation of an individual em-
ployee in excess of $100,000 on an annualized
basis, as prorated for theperiod during which
the compensation is paid or the obligationto
pay the compensation is incurred;
(bb) taxes imposed or withheld under chap-
ters 21, 22, or 24 of the Internal Revenue
Code of 1986 during the applicable period;
(cc) any compensation of an employee whose
principal place of residence is outside of the
United States;
(dd) qualified sick leave wages for which a
credit is allowed under section 7001 of the
Families First Coronavirus Response Act
(Public Law 116–127); or
(ee) qualified family leave wages for which
a credit is allowed under section 7003 of the
Families First Coronavirus Response Act
(Public Law 116–127);
(ix) the term ‘‘veterans organization’’ means an orga-
nization that is described in section 501(c)(19) of the
Internal Revenue Code that is exempt from taxation
under section 501(a) of such Code;
(x) the term ‘‘community development financial in-
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stitution’’ has the meaning given the term in section
103 of the Riegle Community Development and Regu-
latory Improvement Act of 1994 (12 U.S.C. 4702));
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30
(xi) the term ‘‘community financial institutions’’
means—
(I) a community development financial institu-
tion;
(II) a minority depository institution, as defined
in section 308 of the Financial Institutions Re-
form, Recovery, and Enforcement Act of 1989 (12
U.S.C. 1463 note);
(III) a development company that is certified
under title V of the Small Business Investment
Act of 1958 (15 U.S.C. 695 et seq.); and
(IV) an intermediary, as defined in section
7(m)(11);
(xii) the term ‘‘credit union’’ means a State credit
union or a Federal credit union, as those terms are de-
fined, respectively, in section 101 of the Federal Credit
Union Act (12 U.S.C. 1752);
(xiii) the term ‘‘seasonal employer’’ means an eligible
recipient that—
(I) does not operate for more than 7 months in
any calendar year; or
(II) during the preceding calendar year, had
gross receipts for any 6 months of that year that
were not more than 33.33 percent of the gross re-
ceipts of the employer for the other 6 months of
that year;
(xiv) the term ‘‘housing cooperative’’ means a cooper-
ative housing corporation (as defined in section 216(b)
of the Internal Revenue Code of 1986) that employs
not more than 300 employees;
(xv) the term ‘‘destination marketing organization’’
means a nonprofit entity that is—
(I) an organization described in section 501(c) of
the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code; or
(II) a State, or a political subdivision of a State
(including any instrumentality of such entities)—
(aa) engaged in marketing and promoting
communities and facilities to businesses and
leisure travelers through a range of activities,
including—
(AA) assisting with the location of
meeting and convention sites;
(BB) providing travel information on
area attractions, lodging accommodations,
and restaurants;
(CC) providing maps; and
(DD) organizing group tours of local
historical, recreational, and cultural at-
tractions; or
(bb) that is engaged in, and derives the ma-
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jority of the operating budget of the entity
from revenue attributable to, providing live
events;
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31
(xvi) the terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’
have the meanings given those terms in section 3(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78c(a));
and
(xvii) the term ‘‘additional covered nonprofit enti-
ty’’—
(I) means an organization described in any
paragraph of section 501(c) of the Internal Rev-
enue Code of 1986, other than paragraph (3), (4),
(6), or (19), and exempt from tax under section
501(a) of such Code; and
(II) does not include any entity that, if the enti-
ty were a business concern, would be described in
section 120.110 of title 13, Code of Federal Regu-
lations (or in any successor regulation or other re-
lated guidance or rule that may be issued by the
Administrator) other than a business concern de-
scribed in paragraph (a) or (k) of such section.
(B) PAYCHECK PROTECTION LOANS.—Except as otherwise
provided in this paragraph, the Administrator may guar-
antee covered loans under the same terms, conditions, and
processes as a loan made under this subsection.
(C) REGISTRATION OF LOANS.—Not later than 15 days
after the date on which a loan is made under this para-
graph, the Administration shall register the loan using the
TIN (as defined in section 7701 of the Internal Revenue
Code of 1986) assigned to the borrower.
(D) INCREASED ELIGIBILITY FOR CERTAIN SMALL BUSI-
NESSES AND ORGANIZATIONS.—
(i) IN GENERAL.—During the covered period, in addi-
tion to small business concerns, any business concern,
nonprofit organization, housing cooperative, veterans
organization, or Tribal business concern described in
section 31(b)(2)(C) shall be eligible to receive a covered
loan if the business concern, nonprofit organization,
housing cooperative, veterans organization, or Tribal
business concern employs not more than the greater
of—
(I) 500 employees; or
(II) if applicable, the size standard in number of
employees established by the Administration for
the industry in which the business concern, non-
profit organization, housing cooperative, veterans
organization, or Tribal business concern operates.
(ii) INCLUSION OF SOLE PROPRIETORS, INDEPENDENT
CONTRACTORS, AND ELIGIBLE SELF-EMPLOYED INDIVID-
UALS.—
(I) IN GENERAL.—During the covered period, in-
dividuals who operate under a sole proprietorship
or as an independent contractor and eligible self-
employed individuals shall be eligible to receive a
covered loan.
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(II) DOCUMENTATION.—An eligible self-employed
individual, independent contractor, or sole propri-
etorship seeking a covered loan shall submit such
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32
documentation as determined necessary by the
Administrator and the Secretary, to establish the
applicant as eligible.
(iii) BUSINESS CONCERNS WITH MORE THAN 1 PHYS-
ICAL LOCATION.—
(I) IN GENERAL.—During the covered period, any
business concern that employs not more than 500
employees per physical location of the business
concern and that is assigned a North American
Industry Classification System code beginning
with 72 at the time of disbursal shall be eligible
to receive a covered loan.
(II) ELIGIBILITY OF NEWS ORGANIZATIONS.—
(aa) DEFINITION.—In this subclause, the
term ‘‘included business concern’’ means a
business concern, including any station which
broadcasts pursuant to a license granted by
the Federal Communications Commission
under title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) without regard
for whether such a station is a concern as de-
fined in section 121.105 of title 13, Code of
Federal Regulations, or any successor there-
to—
(AA) that employs not more than 500
employees, or the size standard estab-
lished by the Administrator for the North
American Industry Classification System
code applicable to the business concern,
per physical location of such business con-
cern; or
(BB) any nonprofit organization or any
organization otherwise subject to section
511(a)(2)(B) of the Internal Revenue Code
of 1986 that is a public broadcasting enti-
ty (as defined in section 397(11) of the
Communications Act of 1934 (47 U.S.C.
397(11))).
(bb) ELIGIBILITY.—During the covered pe-
riod, an included business concern shall be el-
igible to receive a covered loan if—
(AA) the included business concern is
majority owned or controlled by a busi-
ness concern that is assigned a North
American Industry Classification System
code beginning with 511110 or 5151 or,
with respect to a public broadcasting enti-
ty (as defined in section 397(11) of the
Communications Act of 1934 (47 U.S.C.
397(11))), has a trade or business that
falls under such a code; and
(BB) the included business concern
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makes a good faith certification that pro-
ceeds of the loan will be used to support
expenses at the component of the in-
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33
cluded business concern that produces or
distributes locally focused or emergency
information.
(III) ELIGIBILITY OF CERTAIN ORGANIZATIONS.—
Subject to the provisions in this subparagraph,
during the covered period—
(aa) a nonprofit organization shall be eligi-
ble to receive a covered loan if the nonprofit
organization employs not more than 500 em-
ployees per physical location of the organiza-
tion; and
(bb) an additional covered nonprofit entity
and an organization that, but for subclauses
(I)(dd) and (II)(dd) of clause (vii), would be eli-
gible for a covered loan under clause (vii)
shall be eligible to receive a covered loan if
the entity or organization employs not more
than 300 employees per physical location of
the entity or organization.
(IV) ELIGIBILITY OF INTERNET PUBLISHING ORGA-
NIZATIONS.—A business concern or other organiza-
tion that was not eligible to receive a covered loan
the day before the date of enactment of this sub-
clause, is assigned a North American Industry
Classification System code of 519130, certifies in
good faith as an Internet-only news publisher or
Internet-only periodical publisher, and is engaged
in the collection and distribution of local or re-
gional and national news and information shall be
eligible to receive a covered loan for the continued
provision of news, information, content, or emer-
gency information if—
(aa) the business concern or organization
employs not more than 500 employees, or the
size standard established by the Adminis-
trator for that North American Industry Clas-
sification code, per physical location of the
business concern or organization; and
(bb) the business concern or organization
makes a good faith certification that proceeds
of the loan will be used to support expenses at
the component of the business concern or or-
ganization that supports local or regional
news.
(iv) WAIVER OF AFFILIATION RULES.—During the cov-
ered period, the provisions applicable to affiliations
under section 121.103 of title 13, Code of Federal Reg-
ulations, or any successor regulation, are waived with
respect to eligibility for a covered loan for—
(I) any business concern with not more than 500
employees that, as of the date on which the cov-
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ered loan is disbursed, is assigned a North Amer-
ican Industry Classification System code begin-
ning with 72;
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34
(II) any business concern operating as a fran-
chise that is assigned a franchise identifier code
by the Administration;
(III) any business concern that receives finan-
cial assistance from a company licensed under sec-
tion 301 of the Small Business Investment Act of
1958 (15 U.S.C. 681);
(IV)(aa) any business concern (including any
station which broadcasts pursuant to a license
granted by the Federal Communications Commis-
sion under title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) without regard for
whether such a station is a concern as defined in
section 121.105 of title 13, Code of Federal Regu-
lations, or any successor thereto) that employs not
more than 500 employees, or the size standard es-
tablished by the Administrator for the North
American Industry Classification System code ap-
plicable to the business concern, per physical loca-
tion of such business concern and is majority
owned or controlled by a business concern that is
assigned a North American Industry Classification
System code beginning with 511110 or 5151; or
(bb) any nonprofit organization that is assigned
a North American Industry Classification System
code beginning with 5151; and
(V) any business concern or other organization
that was not eligible to receive a covered loan the
day before the date of enactment of this subclause,
is assigned a North American Industry Classifica-
tion System code of 519130, certifies in good faith
as an Internet-only news publisher or Internet-
only periodical publisher, and is engaged in the
collection and distribution of local or regional and
national news and information, if the business
concern or organization—
(aa) employs not more than 500 employees,
or the size standard established by the Ad-
ministrator for that North American Industry
Classification code, per physical location of
the business concern or organization; and
(bb) is majority owned or controlled by a
business concern or organization that is as-
signed a North American Industry Classifica-
tion System code of 519130.
(v) EMPLOYEE.—For purposes of determining wheth-
er a business concern, nonprofit organization, veterans
organization, or Tribal business concern described in
section 31(b)(2)(C) employs not more than 500 employ-
ees under clause (i)(I), or for purposes of determining
the number of employees of a housing cooperative or
a business concern or organization made eligible for a
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loan under this paragraph under subclause (II), (III),
or (IV) of clause (iii), subclause (IV) or (V) of clause
(iv), clause (vii), or clause (ix), the term ‘‘employee’’ in-
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35
cludes individuals employed on a full-time, part-time,
or other basis.
(vi) AFFILIATION.—The provisions applicable to affili-
ations under section 121.103 of title 13, Code of Fed-
eral Regulations, or any successor thereto, shall apply
with respect to a nonprofit organization and, a hous-
ing cooperative, a veterans organization in the same
manner as with respect to a small business concern.
(vii) ELIGIBILITY FOR CERTAIN 501(c)(6) ORGANIZA-
TIONS.—
(I) IN GENERAL.—Any organization that is de-
scribed in section 501(c)(6) of the Internal Rev-
enue Code and that is exempt from taxation under
section 501(a) of such Code (excluding professional
sports leagues and organizations with the purpose
of promoting or participating in a political cam-
paign or other activity) shall be eligible to receive
a covered loan if—
(aa) the organization does not receive more
than 15 percent of its receipts from lobbying
activities;
(bb) the lobbying activities of the organiza-
tion do not comprise more than 15 percent of
the total activities of the organization;
(cc) the cost of the lobbying activities of the
organization did not exceed $1,000,000 during
the most recent tax year of the organization
that ended prior to February 15, 2020; and
(dd) the organization employs not more
than 300 employees.
(II) DESTINATION MARKETING ORGANIZATIONS.—
Any destination marketing organization shall be
eligible to receive a covered loan if—
(aa) the destination marketing organization
does not receive more than 15 percent of its
receipts from lobbying activities;
(bb) the lobbying activities of the destina-
tion marketing organization do not comprise
more than 15 percent of the total activities of
the organization;
(cc) the cost of the lobbying activities of the
destination marketing organization did not
exceed $1,000,000 during the most recent tax
year of the destination marketing organiza-
tion that ended prior to February 15, 2020;
and
(dd) the destination marketing organization
employs not more than 300 employees; and
(ee) the destination marketing organiza-
tion—
(AA) is described in section 501(c) of
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the Internal Revenue Code and is exempt
from taxation under section 501(a) of
such Code; or
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36
(BB) is a quasi-governmental entity or
is a political subdivision of a State or
local government, including any instru-
mentality of those entities.
(viii) INELIGIBILITY OF PUBLICLY-TRADED ENTITIES.—
(I) IN GENERAL.—Subject to subclause (II), and
notwithstanding any other provision of this para-
graph, on and after the date of enactment of the
Economic Aid to Hard-Hit Small Businesses, Non-
profits, and Venues Act, an entity that is an
issuer, the securities of which are listed on an ex-
change registered as a national securities ex-
change under section 6 of the Securities Exchange
Act of 1934 (15 U.S.C. 78f), shall be ineligible to
receive a covered loan under this paragraph.
(II) RULE FOR AFFILIATED ENTITIES.—With re-
spect to a business concern made eligible by sub-
clause (II) or (IV) of clause (iii) or subclause (IV)
or (V) of clause (iv) of this subparagraph, the Ad-
ministrator shall not consider whether any affili-
ated entity, which for purposes of this subclause
shall include any entity that owns or controls such
business concern or organization, is an issuer.
(ix) ELIGIBILITY OF ADDITIONAL COVERED NONPROFIT
ENTITIES.—An additional covered nonprofit entity shall
be eligible to receive a covered loan if—
(I) the additional covered nonprofit entity does
not receive more than 15 percent of its receipts
from lobbying activities;
(II) the lobbying activities of the additional cov-
ered nonprofit entity do not comprise more than
15 percent of the total activities of the organiza-
tion;
(III) the cost of the lobbying activities of the ad-
ditional covered nonprofit entity did not exceed
$1,000,000 during the most recent tax year of the
additional covered nonprofit entity that ended
prior to February 15, 2020; and
(IV) the additional covered nonprofit entity em-
ploys not more than 300 employees.
(E) MAXIMUM LOAN AMOUNT.—Except as provided in
subparagraph (V), during the covered period, with respect
to a covered loan, the maximum loan amount shall be the
lesser of—
(i)(I) the sum of—
(aa) the product obtained by multiplying—
(AA) the average total monthly payments
by the applicant for payroll costs incurred
during the 1-year period before the date on
which the loan is made, except thatan appli-
cant that is a seasonal employer shall use the
average total monthly payments for payroll
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for any 12-week period selected by the sea-
sonal employer between February 15, 2019,
and February 15, 2020; by
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37
(BB) 2.5; and
(bb) the outstanding amount of a loan under
subsection (b)(2) that was made during the period
beginning on January 31, 2020 and ending on the
date on which covered loans are made available to
be refinanced under the covered loan; or
(II) if requested by an otherwise eligible recipient
that was not in business during the period beginning
on February 15, 2019 and ending on June 30, 2019,
the sum of—
(aa) the product obtained by multiplying—
(AA) the average total monthly payments
by the applicant for payroll costs incurred
during the period beginning on January 1,
2020 and ending on February 29, 2020; by
(BB) 2.5; and
(bb) the outstanding amount of a loan under
subsection (b)(2) that was made during the period
beginning on January 31, 2020 and ending on the
date on which covered loans are made available to
be refinanced under the covered loan; or
(ii) $10,000,000.
(F) ALLOWABLE USES OF COVERED LOANS.—
(i) IN GENERAL.—During the covered period, an eligi-
ble recipient may, in addition to the allowable uses of
a loan made under this subsection, use the proceeds of
the covered loan for—
(I) payroll costs;
(II) costs related to the continuation of group
health care benefits during periods of paid sick,
medical, or family leave, and insurance premiums;
(III) employee salaries, commissions, or similar
compensations;
(IV) payments of interest on any mortgage obli-
gation (which shall not include any prepayment of
or payment of principal on a mortgage obligation);
(V) rent (including rent under a lease agree-
ment);
(VI) utilities;
(VII) interest on any other debt obligations that
were incurred before the covered period;
(VIII) covered operations expenditures, as de-
fined in section 7A(a);
(IX) covered property damage costs, as defined
in section 7A(a);
(X) covered supplier costs, as defined in section
7A(a); and
(XI) covered worker protection expenditures, as
defined in section 7A(a).
(ii) DELEGATED AUTHORITY.—
(I) IN GENERAL.—For purposes of making cov-
ered loans for the purposes described in clause (i),
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a lender approved to make loans under this sub-
section shall be deemed to have been delegated
authority by the Administrator to make and ap-
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38
prove covered loans, subject to the provisions of
this paragraph.
(II) CONSIDERATIONS.—In evaluating the eligi-
bility of a borrower for a covered loan with the
terms described in this paragraph, a lender shall
consider whether the borrower—
(aa) was in operation on February 15, 2020;
and
(bb)(AA) had employees for whom the bor-
rower paid salaries and payroll taxes; or
(BB) paid independent contractors, as re-
ported on a Form 1099–MISC.
(iii) ADDITIONAL LENDERS.—The authority to make
loans under this paragraph shall be extended to addi-
tional lenders determined by the Administrator and
the Secretary of the Treasury to have the necessary
qualifications to process, close, disburse and service
loans made with the guarantee of the Administration.
(iv) REFINANCE.—A loan made under subsection
(b)(2) during the period beginning on January 31, 2020
and ending on the date on which covered loans are
made available may be refinanced as part of a covered
loan.
(v) NONRECOURSE.—Notwithstanding the waiver of
the personal guarantee requirement or collateral
under subparagraph (J), the Administrator shall have
no recourse against any individual shareholder, mem-
ber, or partner of an eligible recipient of a covered
loan for nonpayment of any covered loan, except to the
extent that such shareholder, member, or partner uses
the covered loan proceeds for a purpose not authorized
under clause (i) or (iv).
(vi) PROHIBITION.—None of the proceeds of a covered
loan may be used for—
(I) lobbying activities, as defined in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602);
(II) lobbying expenditures related to a State or
local election; or
(III) expenditures designed to influence the en-
actment of legislation, appropriations, regulation,
administrative action, or Executive order proposed
or pending before Congress or any State govern-
ment, State legislature, or local legislature or leg-
islative body.
(G) BORROWER REQUIREMENTS.—
(i) CERTIFICATION.—An eligible recipient applying
for a covered loan shall make a good faith certifi-
cation—
(I) that the uncertainty of current economic con-
ditions makes necessary the loan request to sup-
port the ongoing operations of the eligible recipi-
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ent;
(II) acknowledging that funds will be used to re-
tain workers and maintain payroll or make mort-
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39
gage payments, lease payments, and utility pay-
ments;
(III) that the eligible recipient does not have an
application pending for a loan under this sub-
section for the same purpose and duplicative of
amounts applied for or received under a covered
loan; and
(IV) during the period beginning on February
15, 2020 and ending on December 31, 2020, that
the eligible recipient has not received amounts
under this subsection for the same purpose and
duplicative of amounts applied for or received
under a covered loan.
(H) FEE WAIVER.—With respect to a covered loan—
(i) in lieu of the fee otherwise applicable under para-
graph (23)(A), the Administrator shall collect no fee;
and
(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no
fee.
(I) CREDIT ELSEWHERE.—During the covered period, the
requirement that a small business concern is unable to ob-
tain credit elsewhere, as defined in section 3(h), shall not
apply to a covered loan.
(J) WAIVER OF PERSONAL GUARANTEE REQUIREMENT.—
With respect to a covered loan—
(i) no personal guarantee shall be required for the
covered loan; and
(ii) no collateral shall be required for the covered
loan.
(K) MATURITY FOR LOANS WITH REMAINING BALANCE
AFTER APPLICATION OF FORGIVENESS.—With respect to a
covered loan that has a remaining balance after reduction
based on the loan forgiveness amount under section 7A—
(i) the remaining balance shall continue to be guar-
anteed by the Administration under this subsection;
and
(ii) the covered loan shall have a minimum maturity
of 5 years and a maximum maturity of 10 years from
the date on which the borrower applies for loan for-
giveness under that section.
(L) INTEREST RATE REQUIREMENTS.—A covered loan shall
bear an interest rate not to exceed 4 percent, calculated on
a non-compounding, non-adjustable basis.
(M) LOAN DEFERMENT.—
(i) DEFINITION OF IMPACTED BORROWER.—
(I) IN GENERAL.—In this subparagraph, the term
‘‘impacted borrower’’ means an eligible recipient
that—
(aa) is in operation on February 15, 2020;
and
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(bb) has an application for a covered loan
that is approved or pending approval on or
after the date of enactment of this paragraph.
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40
(II) PRESUMPTION.—For purposes of this sub-
paragraph, an impacted borrower is presumed to
have been adversely impacted by COVID–19.
(ii) DEFERRAL.—The Administrator shall—
(I) consider each eligible recipient that applies
for a covered loan to be an impacted borrower;
and
(II) require lenders under this subsection to pro-
vide complete payment deferment relief for im-
pacted borrowers with covered loans, including
payment of principal, interest, and fees, until the
date on which the amount of forgiveness deter-
mined under section 7A is remitted to the lender.
(iii) SECONDARY MARKET.—With respect to a covered
loan that is sold on the secondary market, if an inves-
tor declines to approve a deferral requested by a lend-
er under clause (ii), the Administrator shall exercise
the authority to purchase the loan so that the im-
pacted borrower may receive a deferral, including pay-
ment of principal, interest, and fees, until the date on
which the amount of forgiveness determined under
section 7A is remitted to the lender.
(iv) GUIDANCE.—Not later than 30 days after the
date of enactment of this paragraph, the Adminis-
trator shall provide guidance to lenders under this
paragraph on the deferment process described in this
subparagraph.
(v) RULE OF CONSTRUCTION.—If an eligible recipient
fails to apply for forgiveness of a covered loan within
10 months after the last day of the covered period de-
fined in section 7A(a), such eligible recipient shall
make payments of principal, interest, and fees on such
covered loan beginning on the day that is not earlier
than the date that is 10 months after the last day of
such covered period.
(N) SECONDARY MARKET SALES.—A covered loan shall be
eligible to be sold in the secondary market consistent with
this subsection. The Administrator may not collect any fee
for any guarantee sold into the secondary market under
this subparagraph.
(O) REGULATORY CAPITAL REQUIREMENTS.—
(i) RISK WEIGHT.—With respect to the appropriate
Federal banking agencies or the National Credit
Union Administration Board applying capital require-
ments under their respective risk-based capital re-
quirements, a covered loan shall receive a risk weight
of zero percent.
(ii) TEMPORARY RELIEF FROM TDR DISCLOSURES.—
Notwithstanding any other provision of law, an in-
sured depository institution or an insured credit union
that modifies a covered loan in relation to COVID–19-
related difficulties in a troubled debt restructuring on
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or after March 13, 2020, shall not be required to com-
ply with the Financial Accounting Standards Board
Accounting Standards Codification Subtopic 310–40
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41
(‘‘Receivables – Troubled Debt Restructurings by
Creditors’’) for purposes of compliance with the re-
quirements of the Federal Deposit Insurance Act (12
U.S.C. 1811 et seq.), until such time and under such
circumstances as the appropriate Federal banking
agency or the National Credit Union Administration
Board, as applicable, determines appropriate.
(P) REIMBURSEMENT FOR PROCESSING.—
(i) IN GENERAL.—The Administrator shall reimburse
a lender authorized to make a covered loan as follows:
(I) With respect to a covered loan made during
the period beginning on the date of enactment of
this paragraph and ending on the day before the
date of enactment of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues
Act, the Administrator shall reimburse such a
lender at a rate, based on the balance of the fi-
nancing outstanding at the time of disbursement
of the covered loan, of—
(aa) 5 percent for loans of not more than
$350,000;
(bb) 3 percent for loans of more than
$350,000 and less than $2,000,000; and
(cc) 1 percent for loans of not less than
$2,000,000.
(II) With respect to a covered loan made on or
after the date of enactment of the Economic Aid to
Hard-Hit Small Businesses, Nonprofits, and
Venues Act, the Administrator shall reimburse
such a lender—
(aa) for a covered loan of not more than
$50,000, in an amount equal to the lesser of—
(AA) 50 percent of the balance of the fi-
nancing outstanding at the time of dis-
bursement of the covered loan; or
(BB) $2,500; and
(bb) at a rate, based on the balance of the
financing outstanding at the time of disburse-
ment of the covered loan, of—
(AA) 5 percent for a covered loan of
more than $50,000 and not more than
$350,000;
(BB) 3 percent for a covered loan of
more than $350,000 and less than
$2,000,000; and
(CC) 1 percent for a covered loan of not
less than $2,000,000.
(ii) FEE LIMITS.—An agent that assists an eligible re-
cipient to prepare an application for a covered loan
may not collect a fee in excess of the limits established
by the Administrator. If an eligible recipient has
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knowingly retained an agent, such fees shall be paid
by the eligible recipient and may not be paid out of the
proceeds of a covered loan. A lender shall only be re-
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42
sponsible for paying fees to an agent for services for
which the lender directly contracts with the agent.
(iii) TIMING.—A reimbursement described in clause
(i) shall be made not later than 5 days after the re-
ported disbursement of the covered loan and may not
be required to be repaid by a lender unless the lender
is found guilty of an act of fraud in connection with
the covered loan.
(iv) SENSE OF THE SENATE.—It is the sense of the
Senate that the Administrator should issue guidance
to lenders and agents to ensure that the processing
and disbursement of covered loans prioritizes small
business concerns and entities in underserved and
rural markets, including veterans and members of the
military community, small business concerns owned
and controlled by socially and economically disadvan-
taged individuals (as defined in section 8(d)(3)(C)),
women, and businesses in operation for less than 2
years.
(Q) DUPLICATION.—Nothing in this paragraph shall pro-
hibit a recipient of an economic injury disaster loan made
under subsection (b)(2) during the period beginning on
January 31, 2020 and ending on the date on which covered
loans are made available that is for a purpose other than
paying payroll costs and other obligations described in sub-
paragraph (F) from receiving assistance under this para-
graph.
(R) WAIVER OF PREPAYMENT PENALTY.—Notwithstanding
any other provision of law, there shall be no prepayment
penalty for any payment made on a covered loan.
(S) SET-ASIDE FOR INSURED DEPOSITORY INSTITUTIONS,
CREDIT UNIONS, AND COMMUNITY FINANCIAL INSTITU-
TIONS.—
(i) INSURED DEPOSITORY INSTITUTIONS AND CREDIT
UNIONS.—In making loan guarantees under this para-
graph after the date of enactment of this clause, the
Administrator shall guarantee not less than
$30,000,000,000 in loans made by—
(I) insured depository institutions with consoli-
dated assets of not less than $10,000,000,000 and
less than $50,000,000,000; and
(II) credit unions with consolidated assets of not
less than $10,000,000,000 and less than
$50,000,000,000.
(ii) COMMUNITY FINANCIAL INSTITUTIONS, SMALL IN-
SURED DEPOSITORY INSTITUTIONS, AND CREDIT
UNIONS.—In making loan guarantees under this para-
graph after the date of enactment of this clause, the
Administrator shall guarantee not less than
$30,000,000,000 in loans made by—
(I) community financial institutions;
(II) insured depository institutions with consoli-
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dated assets of less than $10,000,000,000; and
(III) credit unions with consolidated assets of
less than $10,000,000,000.
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43
(T) REQUIREMENT FOR DATE IN OPERATION.—A business
or organization that was not in operation on February 15,
2020 shall not be eligible for a loan under this paragraph.
(U) EXCLUSION OF ENTITIES RECEIVING SHUTTERED
VENUE OPERATOR GRANTS.—An eligible person or entity (as
defined under of section 24 of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues Act) that re-
ceives a grant under such section 24 shall not be eligible
for a loan under this paragraph.
(V) CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARM-
ERS AND RANCHERS.—
(i) DEFINITION.—In this subparagraph, the term
‘‘covered recipient’’ means an eligible recipient that—
(I) operates as a sole proprietorship or as an
independent contractor, or is an eligible self-em-
ployed individual;
(II) reports farm income or expenses on a Sched-
ule F (or any equivalent successor schedule); and
(III) was in business as of February 15, 2020.
(ii) NO EMPLOYEES.—With respect to covered recipi-
ent without employees, the maximum covered loan
amount shall be the lesser of—
(I) the sum of—
(aa) the product obtained by multiplying—
(AA) the gross income of the covered re-
cipient in 2019, as reported on a Schedule
F (or any equivalent successor schedule),
that is not more than $100,000, divided
by 12; and
(BB) 2.5; and
(bb) the outstanding amount of a loan
under subsection (b)(2) that was made during
the period beginning on January 31, 2020 and
ending on April 3, 2020 that the borrower in-
tends to refinance under the covered loan, not
including any amount of any advance under
the loan that is not required to be repaid; or
(II) $2,000,000.
(iii) WITH EMPLOYEES.—With respect to a covered re-
cipient with employees, the maximum covered loan
amount shall be calculated using the formula de-
scribed in subparagraph (E), except that the gross in-
come of the covered recipient described in clause
(ii)(I)(aa)(AA) of this subparagraph, as divided by 12,
shall be added to the sum calculated under subpara-
graph (E)(i)(I).
(iv) RECALCULATION.—A lender that made a covered
loan to a covered recipient before the date of enact-
ment of this subparagraph may, at the request of the
covered recipient—
(I) recalculate the maximum loan amount appli-
cable to that covered loan based on the formula
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described in clause (ii) or (iii), as applicable, if
doing so would result in a larger covered loan
amount; and
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44
(II) provide the covered recipient with additional
covered loan amounts based on that recalculation.
(37) PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS.—
(A) DEFINITIONS.—In this paragraph—
(i) the terms ‘‘additional covered nonprofit enti-
ty’’,‘‘eligible self-employed individual’’, ‘‘housing cooper-
ative’’, ‘‘nonprofit organization’’, ‘‘payroll costs’’, ‘‘sea-
sonal employer’’, and ‘‘veterans organization’’ have the
meanings given those terms in paragraph (36), except
that ‘‘eligible entity’’ shall be substituted for ‘‘eligible
recipient’’ each place it appears in the definitions of
those terms;
(ii) the term ‘‘covered loan’’ means a loan made
under this paragraph;
(iii) the terms ‘‘covered mortgage obligation’’, ‘‘cov-
ered operating expenditure’’, ‘‘covered property dam-
age cost’’, ‘‘covered rent obligation’’, ‘‘covered supplier
cost’’, ‘‘covered utility payment’’, and ‘‘covered worker
protection expenditure’’ have the meanings given those
terms in section 7A(a);
(iv) the term ‘‘eligible entity’’—
(I) means any business concern, nonprofit orga-
nization, housing cooperative, veterans organiza-
tion, Tribal business concern, eligible self-em-
ployed individual, sole proprietor, independent
contractor, or small agricultural cooperative
that—
(aa) employs not more than 300 employees;
and
(bb)(AA) except as provided in subitems
(BB), (CC), and (DD), had gross receipts dur-
ing the first, second, third, or, only with re-
spect to an application submitted on or after
January 1, 2021, fourth quarter in 2020 that
demonstrate not less than a 25 percent reduc-
tion from the gross receipts of the entity dur-
ing the same quarter in 2019;
(BB) if the entity was not in business dur-
ing the first or second quarter of 2019, but
was in business during the third and fourth
quarter of 2019, had gross receipts during the
first, second, third, or, only with respect to an
application submitted on or after January 1,
2021, fourth quarter of 2020 that demonstrate
not less than a 25 percent reduction from the
gross receipts of the entity during the third or
fourth quarter of 2019;
(CC) if the entity was not in business dur-
ing the first, second, or third quarter of 2019,
but was in business during the fourth quarter
of 2019, had gross receipts during the first,
second, third, or, only with respect to an ap-
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plication submitted on or after January 1,
2021, fourth quarter of 2020 that demonstrate
not less than a 25 percent reduction from the
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45
gross receipts of the entity during the fourth
quarter of 2019; or
(DD) if the entity was not in business dur-
ing 2019, but was in operation on February
15, 2020, had gross receipts during the sec-
ond, third, or, only with respect to an applica-
tion submitted on or after January 1, 2021,
fourth quarter of 2020 that demonstrate not
less than a 25 percent reduction from the
gross receipts of the entity during the first
quarter of 2020;
(II) includes a business concern or organization
made eligible for a loan under paragraph (36)
under subclause (II), (III), or (IV) of clause (iii),
subclause (IV) or (V) of clause (iv), clause (vii), or
clause (ix) of subparagraph (D) of paragraph (36)
and that meets the requirements described in
items (aa) and (bb) of subclause (I); and
(III) does not include—
(aa) any entity that is a type of business
concern (or would be, if such entity were a
business concern) described in section 120.110
of title 13, Code of Federal Regulations (or in
any successor regulation or other related
guidance or rule that may be issued by the
Administrator) other than a business concern
described in subsection (a) or (k) of such sec-
tion; or
(bb) any business concern or entity pri-
marily engaged in political or lobbying activi-
ties, which shall include any entity that is or-
ganized for research or for engaging in advo-
cacy in areas such as public policy or political
strategy or otherwise describes itself as a
think tank in any public documents;
(cc) any business concern or entity—
(AA) for which an entity created in or
organized under the laws of the People’s
Republic of China or the Special Adminis-
trative Region of Hong Kong, or that has
significant operations in the People’s Re-
public of China or the Special Adminis-
trative Region of Hong Kong, owns or
holds, directly or indirectly, not less than
20 percent of the economic interest of the
business concern or entity, including as
equity shares or a capital or profit inter-
est in a limited liability company or part-
nership; or
(BB) that retains, as a member of the
board of directors of the business concern,
a person who is a resident of the People’s
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Republic of China;
(dd) any person required to submit a reg-
istration statement under section 2 of the For-
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46
eign Agents Registration Act of 1938 (22
U.S.C. 612); or
(ee) an eligible person or entity (as defined
under section 24 of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues
Act) that receives a grant under such section
24; and
(v) the term ‘‘Tribal business concern’’ means a Trib-
al business concern described in section 31(b)(2)(C).
(B) LOANS.—Except as otherwise provided in this para-
graph, the Administrator may guarantee covered loans to
eligible entities under the same terms, conditions, and
processes as a loan made under paragraph (36).
(C) MAXIMUM LOAN AMOUNT.—
(i) IN GENERAL.—Except as otherwise provided in
this subparagraph, the maximum amount of a covered
loan made to an eligible entity is the lesser of—
(I) the product obtained by multiplying—
(aa) at the election of the eligible entity, the
average total monthly payment for payroll
costs incurred or paid by the eligible entity
during—
(AA) the 1-year period before the date
on which the loan is made; or
(BB) calendar year 2019; by
(bb) 2.5; or
(II) $2,000,000.
(ii) SEASONAL EMPLOYERS.—The maximum amount
of a covered loan made to an eligible entity that is a
seasonal employer is the lesser of—
(I) the product obtained by multiplying—
(aa) at the election of the eligible entity, the
average total monthly payments for payroll
costs incurred or paid by the eligible entity for
any 12-week period between February 15,
2019 and February 15, 2020; by
(bb) 2.5; or
(II) $2,000,000.
(iii) NEW ENTITIES.—The maximum amount of a cov-
ered loan made to an eligible entity that did not exist
during the 1-year period preceding February 15, 2020
is the lesser of—
(I) the product obtained by multiplying—
(aa) the quotient obtained by dividing—
(AA) the sum of the total monthly pay-
ments by the eligible entity for payroll
costs paid or incurred by the eligible enti-
ty as of the date on which the eligible en-
tity applies for the covered loan; by
(BB) the number of months in which
those payroll costs were paid or incurred;
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by
(bb) 2.5; or
(II) $2,000,000.
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47
(iv) NAICS 72 ENTITIES.—The maximum amount of
a covered loan made to an eligible entity that is as-
signed a North American Industry Classification Sys-
tem code beginning with 72 at the time of disbursal is
the lesser of—
(I) the product obtained by multiplying—
(aa) at the election of the eligible entity, the
average total monthly payment for payroll
costs incurred or paid by the eligible entity
during—
(AA) the 1-year period before the date
on which the loan is made; or
(BB) calendar year 2019; by
(bb) 3.5; or
(II) $2,000,000.
(D) BUSINESS CONCERNS WITH MORE THAN 1 PHYSICAL LO-
CATION.—
(i) IN GENERAL.—For a business concern with more
than 1 physical location, the business concern shall be
an eligible entity if the business concern would be eli-
gible for a loan under paragraph (36) pursuant to
clause (iii) of subparagraph (D) of such paragraph, as
applied in accordance with clause (ii) of this subpara-
graph, and meets the revenue reduction requirements
described in item (bb) of subparagraph (A)(iv)(I).
(ii) SIZE LIMIT.—For purposes of applying clause (i),
the Administrator shall substitute ‘‘not more than 300
employees’’ for ‘‘not more than 500 employees’’ in para-
graph (36)(D)(iii).
(E) WAIVER OF AFFILIATION RULES.—
(i) IN GENERAL.—The waiver described in paragraph
(36)(D)(iv) shall apply for purposes of determining eli-
gibility under this paragraph.
(ii) SIZE LIMIT.—For purposes of applying clause (i),
the Administrator shall substitute ‘‘not more than 300
employees’’ for ‘‘not more than 500 employees’’ in sub-
clause (I) and (IV) of paragraph (36)(D)(iv).
(F) LOAN NUMBER LIMITATION.—An eligible entity may
only receive 1 covered loan.
(G) EXCEPTION FROM CERTAIN CERTIFICATION REQUIRE-
MENTS.—An eligible entity applying for a covered loan
shall not be required to make the certification described in
clause (iii) or (iv) of paragraph (36)(G).
(H) FEE WAIVER.—With respect to a covered loan—
(i) in lieu of the fee otherwise applicable under para-
graph (23)(A), the Administrator shall collect no fee;
and
(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no
fee.
(I) GROSS RECEIPTS AND SIMPLIFIED CERTIFICATION OF
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REVENUE TEST.—
(i) LOANS OF UP TO $150,000.—For a covered loan of
not more than $150,000, the eligible entity—
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48
(I) may submit a certification attesting that the
eligible entity meets the applicable revenue loss
requirement under subparagraph (A)(iv)(I)(bb);
and
(II) if the eligible entity submits a certification
under subclause (I), shall, on or before the date on
which the eligible entity submits an application
for forgiveness under subparagraph (J), produce
adequate documentation that the eligible entity
met such revenue loss standard.
(ii) FOR NONPROFIT AND VETERANS ORGANIZATIONS.—
For purposes of calculating gross receipts under sub-
paragraph (A)(iv)(I)(bb) for an eligible entity that is a
nonprofit organization, a veterans organization, or an
organization described in subparagraph (A)(iv)(II),
gross receipts means gross receipts within the mean-
ing of section 6033 of the Internal Revenue Code of
1986.
(J) LOAN FORGIVENESS.—
(i) DEFINITION OF COVERED PERIOD.—In this sub-
paragraph, the term ‘‘covered period’’ has the meaning
given that term in section 7A(a).
(ii) FORGIVENESS GENERALLY.—Except as otherwise
provided in this subparagraph, an eligible entity shall
be eligible for forgiveness of indebtedness on a covered
loan in the same manner as an eligible recipient with
respect to a loan made under paragraph (36) of this
section, as described in section 7A.
(iii) FORGIVENESS AMOUNT.—An eligible entity shall
be eligible for forgiveness of indebtedness on a covered
loan in an amount equal to the sum of the following
costs incurred or expenditures made during the cov-
ered period:
(I) Payroll costs, excluding any payroll costs
that are—
(aa) qualified wages, as defined in sub-
section (c)(3) of section 2301 of the CARES
Act (26 U.S.C. 3111 note), taken into account
in determining the credit allowed under such
section;
(bb) qualified wages taken into account in
determining the credit allowed under sub-
section (a) or (d) of section 303 of the Tax-
payer Certainty and Disaster Relief Act of
2020; or
(cc) premiums taken into account in deter-
mining the credit allowed under section 6432
of the Internal Revenue Code of 1986.
(II) Any payment of interest on any covered
mortgage obligation (which shall not include any
prepayment of or payment of principal on a cov-
ered mortgage obligation).
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(III) Any covered operations expenditure.
(IV) Any covered property damage cost.
(V) Any payment on any covered rent obligation.
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49
(VI) Any covered utility payment.
(VII) Any covered supplier cost.
(VIII) Any covered worker protection expendi-
ture.
(iv) LIMITATION ON FORGIVENESS FOR ALL ELIGIBLE
ENTITIES.—Subject to any reductions under section
7A(d), the forgiveness amount under this subpara-
graph shall be equal to the lesser of—
(I) the amount described in clause (ii); and
(II) the amount equal to the quotient obtained
by dividing—
(aa) the amount of the covered loan used for
payroll costs during the covered period; and
(bb) 0.60.
(v) SUBMISSION OF MATERIALS FOR FORGIVENESS.—
For purposes of applying subsection (l)(1) of section 7A
to a covered loan of not more than $150,000 under this
paragraph, an eligible entity may be required to pro-
vide, at the time of the application for forgiveness, doc-
umentation required to substantiate revenue loss in
accordance with subparagraph (I).
(K) LENDER ELIGIBILITY.—Except as otherwise provided
in this paragraph, a lender approved to make loans under
paragraph (36) may make covered loans under the same
terms and conditions as in paragraph (36).
(L) REIMBURSEMENT FOR LOAN PROCESSING AND SERV-
ICING.—The Administrator shall reimburse a lender au-
thorized to make a covered loan—
(i) for a covered loan of not more than $50,000, in
an amount equal to the lesser of—
(I) 50 percent of the balance of the financing
outstanding at the time of disbursement of the
covered loan; or
(II) $2,500;
(ii) at a rate, based on the balance of the financing
outstanding at the time of disbursement of the covered
loan, of—
(I) 5 percent for a covered loan of more than
$50,000 and not more than $350,000; and
(II) 3 percent for a covered loan of more than
$350,000.
(M) PUBLICATION OF GUIDANCE.—Not later than 10 days
after the date of enactment of this paragraph, the Admin-
istrator shall issue guidance addressing barriers to access-
ing capital for minority, underserved, veteran, and women-
owned business concerns for the purpose of ensuring equi-
table access to covered loans.
(N) STANDARD OPERATING PROCEDURE.—The Adminis-
trator shall, to the maximum extent practicable, allow a
lender approved to make covered loans to use existing pro-
gram guidance and standard operating procedures for
loans made under this subsection.
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(O) SUPPLEMENTAL COVERED LOANS.—A covered loan
under this paragraph may only be made to an eligible enti-
ty that—
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50
(i) has received a loan under paragraph (36); and
(ii) on or before the expected date on which the cov-
ered loan under this paragraph is disbursed to the eli-
gible entity, has used, or will use, the full amount of
the loan received under paragraph (36).
(b) Except as to agricultural enterprises as defined in section
18(b)(1) of this Act, the Administration also is empowered to the
extent and in such amounts as provided in advance in appropria-
tion Acts—
(1)(A) to make such loans (either directly or in cooperation
with banks or other lending institutions through agreements to
participate on an immediate or deferred (guaranteed) basis) as
the Administration may determine to be necessary or appro-
priate to repair, rehabilitate or replace property, real or per-
sonal, damaged or destroyed by or as a result of natural or
other disasters: Provided, That such damage or destruction is
not compensated for by insurance or otherwise: And provided
further, That the Administration may increase the amount of
the loan by up to an additional 20 per centum of the aggregate
costs of such damage or destruction (whether or not com-
pensated for by insurance or otherwise) if it determines such
increase to be necessary or appropriate in order to protect the
damaged or destroyed property from possible future disasters
by taking mitigating measures, including—
(i) construction of retaining walls and sea walls;
(ii) grading and contouring land; and
(iii) relocating utilities and modifying structures, includ-
ing construction of a safe room or similar storm shelter de-
signed to protect property and occupants from tornadoes or
other natural disasters, if such safe room or similar storm
shelter is constructed in accordance with applicable stand-
ards issued by the Federal Emergency Management Agen-
cy;
(B) to refinance any mortgage or other lien against a totally
destroyed or substantially damaged home or business concern:
Provided, That no loan or guarantee shall be extended unless
the Administration finds that (i) the applicant is not able to ob-
tain credit elsewhere; (ii) such property is to be repaired, reha-
bilitated, or replaced; (iii) the amount refinanced shall not ex-
ceed the amount of physical loss sustained; and (iv) such
amount shall be reduced to the extent such mortgage or lien
is satisfied by insurance or otherwise; and
(C) during fiscal years 2000 through 2004, to establish a
predisaster mitigation program to make such loans (either di-
rectly or in cooperation with banks or other lending institu-
tions through agreements to participate on an immediate or
deferred (guaranteed) basis), as the Administrator may deter-
mine to be necessary or appropriate, to enable small busi-
nesses to use mitigation techniques in support of a formal miti-
gation program established by the Federal Emergency Manage-
ment Agency, except that no loan or guarantee may be ex-
tended to a small business under this subparagraph unless the
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Administration finds that the small business is otherwise un-
able to obtain credit for the purposes described in this subpara-
graph;
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51
(2) to make such loans (either directly or in cooperation with
banks or other lending institutions through agreements to par-
ticipate on an immediate or deferred (guaranteed) basis) as the
Administration may determine to be necessary or appropriate
to any small business concern, private nonprofit organization,
or small agricultural cooperative located in an area affected by
a disaster, (including drought), with respect to both farm-re-
lated and nonfarm-related small business concerns, if the Ad-
ministration determines that the concern, the organization, or
the cooperative has suffered a substantial economic injury as
a result of such disaster and if such disaster constitutes—
(A) a major disaster, as determined by the President
under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.);
(B) a natural disaster, as determined by the Secretary of
Agriculture pursuant to section 321 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1961), in
which case, assistance under this paragraph may be pro-
vided to farm-related and nonfarm-related small business
concerns, subject to the other applicable requirements of
this paragraph;
(C) a disaster, as determined by the Administrator of the
Small Business Administration;
(D) an emergency involving Federal primary responsi-
bility determined to exist by the President under the sec-
tion 501(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5191(b)); or
(E) if no disaster or emergency declaration has been
issued pursuant to subparagraph (A), (B), (C), or (D), the
Governor of a State in which a disaster or emergency has
occurred may certify to the Small Business Administration
that small business concerns, private nonprofit organiza-
tions, or small agricultural cooperatives (1) have suffered
economic injury as a result of such disaster or emergency,
and (2) are in need of financial assistance which is not
available on reasonable terms in the disaster- or emer-
gency-stricken area. Not later than 30 days after the date
of receipt of such certification by a Governor of a State, the
Administration shall respond in writing to that Governor
on its determination and the reasons therefore, and may
then make such loans as would have been available under
this paragraph if a disaster or emergency declaration had
been issued.
Provided, That no loan or guarantee shall be extended pursu-
ant to this paragraph (2) unless the Administration finds that
the applicant is not able to obtain credit elsewhere: Provided
further, That for purposes of subparagraph (D), the Adminis-
trator shall deem that such an emergency affects each State or
subdivision thereof (including counties), and that each State or
subdivision has sufficient economic damage to small business
concerns to qualify for assistance under this paragraph and the
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Administrator shall accept applications for such assistance im-
mediately.
(3)(A) In this paragraph—
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52
(i) the term ‘‘active service’’ has the meaning given that
term in section 101(d)(3) of title 10, United States Code;
(ii) the term ‘‘essential employee’’ means an individual
who is employed by a small business concern and whose
managerial or technical expertise is critical to the success-
ful day-to-day operations of that small business concern;
and
(iii) the term ‘‘substantial economic injury’’ means an
economic harm to a business concern that results in the in-
ability of the business concern—
(I) to meet its obligations as they mature;
(II) to pay its ordinary and necessary operating ex-
penses; or
(III) to market, produce, or provide a product or
service ordinarily marketed, produced, or provided by
the business concern.
(B) The Administration may make such disaster loans (either
directly or in cooperation with banks or other lending institu-
tions through agreements to participate on an immediate or
deferred basis) to assist a small business concern that has suf-
fered or that is likely to suffer substantial economic injury as
the result of an essential employee of such small business con-
cern being ordered to perform active service for a period of
more than 30 consecutive days.
(C) A small business concern described in subparagraph (B)
shall be eligible to apply for assistance under this paragraph
during the period beginning on the date on which the essential
employee is ordered to active service and ending on the date
that is 1 year after the date on which such essential employee
is discharged or released from active service. The Adminis-
trator may, when appropriate (as determined by the Adminis-
trator), extend the ending date specified in the preceding sen-
tence by not more than 1 year.
(D) Any loan or guarantee extended pursuant to this para-
graph shall be made at the same interest rate as economic in-
jury loans under paragraph (2).
(E) No loan may be made under this paragraph, either di-
rectly or in cooperation with banks or other lending institu-
tions through agreements to participate on an immediate or
deferred basis, if the total amount outstanding and committed
to the borrower under this subsection would exceed $1,500,000,
unless such applicant constitutes, or have become due to
changed economic circumstances, a major source of employ-
ment in its surrounding area, as determined by the Adminis-
tration, in which case the Administration, in its discretion,
may waive the $1,500,000 limitation.
(F) For purposes of assistance under this paragraph, no dec-
laration of a disaster area shall be required.
(G)(i) Notwithstanding any other provision of law, the
Administrator may make a loan under this paragraph of
not more than $50,000 without collateral.
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(ii) The Administrator may defer payment of principal
and interest on a loan described in clause (i) during the
longer of—
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53
(I) the 1-year period beginning on the date of the
initial disbursement of the loan; and
(II) the period during which the relevant essential
employee is on active service.
(H) The Administrator shall give priority to any applica-
tion for a loan under this paragraph and shall process and
make a determination regarding such applications prior to
processing or making a determination on other loan appli-
cations under this subsection, on a rolling basis.
(4) COORDINATION WITH FEMA.—
(A) IN GENERAL.—Notwithstanding any other provision
of law, for any disaster declared under this subsection or
major disaster (including any major disaster relating to
which the Administrator declares eligibility for additional
disaster assistance under paragraph (9)), the Adminis-
trator, in consultation with the Administrator of the Fed-
eral Emergency Management Agency, shall ensure, to the
maximum extent practicable, that all application periods
for disaster relief under this Act correspond with applica-
tion deadlines established under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.), or as extended by the President.
(B) DEADLINES.—Notwithstanding any other provision of
law, not later than 10 days before the closing date of an
application period for a major disaster (including any
major disaster relating to which the Administrator de-
clares eligibility for additional disaster assistance under
paragraph (9)), the Administrator, in consultation with the
Administrator of the Federal Emergency Management
Agency, shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report
that includes—
(i) the deadline for submitting applications for as-
sistance under this Act relating to that major disaster;
(ii) information regarding the number of loan appli-
cations and disbursements processed by the Adminis-
trator relating to that major disaster for each day dur-
ing the period beginning on the date on which that
major disaster was declared and ending on the date of
that report; and
(iii) an estimate of the number of potential appli-
cants that have not submitted an application relating
to that major disaster.
(5) PUBLIC AWARENESS OF DISASTERS.—If a disaster is de-
clared under this subsection or the Administrator declares eli-
gibility for additional disaster assistance under paragraph (9),
the Administrator shall make every effort to communicate
through radio, television, print, and web-based outlets, all rel-
evant information needed by disaster loan applicants, includ-
ing—
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(A) the date of such declaration;
(B) cities and towns within the area of such declaration;
(C) loan application deadlines related to such disaster;
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54
(D) all relevant contact information for victim services
available through the Administration (including links to
small business development center websites);
(E) links to relevant Federal and State disaster assist-
ance websites, including links to websites providing infor-
mation regarding assistance available from the Federal
Emergency Management Agency;
(F) information on eligibility criteria for Administration
loan programs, including where such applications can be
found; and
(G) application materials that clearly state the function
of the Administration as the Federal source of disaster
loans for homeowners and renters.
(6) AUTHORITY FOR QUALIFIED PRIVATE CONTRACTORS.—
(A) DISASTER LOAN PROCESSING.—The Administrator
may enter into an agreement with a qualified private con-
tractor, as determined by the Administrator, to process
loans under this subsection in the event of a major dis-
aster (including any major disaster relating to which the
Administrator declares eligibility for additional disaster
assistance under paragraph (9)), under which the Adminis-
trator shall pay the contractor a fee for each loan proc-
essed.
(B) LOAN LOSS VERIFICATION SERVICES.—The Adminis-
trator may enter into an agreement with a qualified lender
or loss verification professional, as determined by the Ad-
ministrator, to verify losses for loans under this subsection
in the event of a major disaster (including any major dis-
aster relating to which the Administrator declares eligi-
bility for additional disaster assistance under paragraph
(9)), under which the Administrator shall pay the lender or
verification professional a fee for each loan for which such
lender or verification professional verifies losses.
(7) DISASTER ASSISTANCE EMPLOYEES.—
(A) IN GENERAL.—In carrying out this section, the Ad-
ministrator may, where practicable, ensure that the num-
ber of full-time equivalent employees—
(i) in the Office of the Disaster Assistance is not
fewer than 800; and
(ii) in the Disaster Cadre of the Administration is
not fewer than 1,000.
(B) REPORT.—In carrying out this subsection, if the num-
ber of full-time employees for either the Office of Disaster
Assistance or the Disaster Cadre of the Administration is
below the level described in subparagraph (A) for that of-
fice, not later than 21 days after the date on which that
staffing level decreased below the level described in sub-
paragraph (A), the Administrator shall submit to the Com-
mittee on Appropriations and the Committee on Small
Business and Entrepreneurship of the Senate and the
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Committee on Appropriations and Committee on Small
Business of the House of Representatives, a report—
(i) detailing staffing levels on that date;
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55
(ii) requesting, if practicable and determined appro-
priate by the Administrator, additional funds for addi-
tional employees; and
(iii) containing such additional information, as de-
termined appropriate by the Administrator.
(8) INCREASED LOAN CAPS.—
(A) AGGREGATE LOAN AMOUNTS.—Except as provided in
subparagraph (B), and notwithstanding any other provi-
sion of law, the aggregate loan amount outstanding and
committed to a borrower under this subsection may not ex-
ceed $2,000,000.
(B) WAIVER AUTHORITY.—The Administrator may, at the
discretion of the Administrator, increase the aggregate
loan amount under subparagraph (A) for loans relating to
a disaster to a level established by the Administrator,
based on appropriate economic indicators for the region in
which that disaster occurred.
(9) DECLARATION OF ELIGIBILITY FOR ADDITIONAL DISASTER
ASSISTANCE.—
(A) IN GENERAL.—If the President declares a major dis-
aster, the Administrator may declare eligibility for addi-
tional disaster assistance in accordance with this para-
graph.
(B) THRESHOLD.—A major disaster for which the Admin-
istrator declares eligibility for additional disaster assist-
ance under this paragraph shall—
(i) have resulted in extraordinary levels of casualties
or damage or disruption severely affecting the popu-
lation (including mass evacuations), infrastructure, en-
vironment, economy, national morale, or government
functions in an area;
(ii) be comparable to the description of a cata-
strophic incident in the National Response Plan of the
Administration, or any successor thereto, unless there
is no successor to such plan, in which case this clause
shall have no force or effect; and
(iii) be of such size and scope that—
(I) the disaster assistance programs under the
other paragraphs under this subsection are in-
capable of providing adequate and timely assist-
ance to individuals or business concerns located
within the disaster area; or
(II) a significant number of business concerns
outside the disaster area have suffered disaster-
related substantial economic injury as a result of
the incident.
(C) ADDITIONAL ECONOMIC INJURY DISASTER LOAN ASSIST-
ANCE.—
(i) IN GENERAL.—If the Administrator declares eligi-
bility for additional disaster assistance under this
paragraph, the Administrator may make such loans
under this subparagraph (either directly or in coopera-
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tion with banks or other lending institutions through
agreements to participate on an immediate or deferred
basis) as the Administrator determines appropriate to
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56
eligible small business concerns located anywhere in
the United States.
(ii) PROCESSING TIME.—
(I) IN GENERAL.—If the Administrator deter-
mines that the average processing time for appli-
cations for disaster loans under this subparagraph
relating to a specific major disaster is more than
15 days, the Administrator shall give priority to
the processing of such applications submitted by
eligible small business concerns located inside the
disaster area, until the Administrator determines
that the average processing time for such applica-
tions is not more than 15 days.
(II) SUSPENSION OF APPLICATIONS FROM OUTSIDE
DISASTER AREA.—If the Administrator determines
that the average processing time for applications
for disaster loans under this subparagraph relat-
ing to a specific major disaster is more than 30
days, the Administrator shall suspend the proc-
essing of such applications submitted by eligible
small business concerns located outside the dis-
aster area, until the Administrator determines
that the average processing time for such applica-
tions is not more than 15 days.
(iii) LOAN TERMS.—A loan under this subparagraph
shall be made on the same terms as a loan under
paragraph (2).
(D) DEFINITIONS.—In this paragraph—
(i) the term ‘‘disaster area’’ means the area for
which the applicable major disaster was declared;
(ii) the term ‘‘disaster-related substantial economic
injury’’ means economic harm to a business concern
that results in the inability of the business concern
to—
(I) meet its obligations as it matures;
(II) meet its ordinary and necessary operating
expenses; or
(III) market, produce, or provide a product or
service ordinarily marketed, produced, or provided
by the business concern because the business con-
cern relies on materials from the disaster area or
sells or markets in the disaster area; and
(iii) the term ‘‘eligible small business concern’’
means a small business concern—
(I) that has suffered disaster-related substantial
economic injury as a result of the applicable major
disaster; and
(II)(aa) for which not less than 25 percent of the
market share of that small business concern is
from business transacted in the disaster area;
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(bb) for which not less than 25 percent of an
input into a production process of that small busi-
ness concern is from the disaster area; or
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57
(cc) that relies on a provider located in the dis-
aster area for a service that is not readily avail-
able elsewhere.
(10) REDUCING CLOSING AND DISBURSEMENT DELAYS.—The
Administrator shall provide a clear and concise notification on
all application materials for loans made under this subsection
and on relevant websites notifying an applicant that the appli-
cant may submit all documentation necessary for the approval
of the loan at the time of application and that failure to submit
all documentation could delay the approval and disbursement
of the loan.
(11) INCREASING TRANSPARENCY IN LOAN APPROVALS.—The
Administrator shall establish and implement clear, written
policies and procedures for analyzing the ability of a loan ap-
plicant to repay a loan made under this subsection.
(12) ADDITIONAL AWARDS TO SMALL BUSINESS DEVELOPMENT
CENTERS, WOMEN’S BUSINESS CENTERS, AND SCORE PROGRAM
FOR DISASTER RECOVERY.—
(A) IN GENERAL.—The Administration may provide fi-
nancial assistance to a small business development center,
a women’s business center described in section 29, the
øService Corps of Retired Executives¿ SCORE program, or
any proposed consortium of such individuals or entities to
spur disaster recovery and growth of small business con-
cerns located in an area for which the President has de-
clared a major disaster.
(B) FORM OF FINANCIAL ASSISTANCE.—Financial assist-
ance provided under this paragraph shall be in the form
of a grant, contract, or cooperative agreement.
(C) NO MATCHING FUNDS REQUIRED.—Matching funds
shall not be required for any grant, contract, or cooperative
agreement under this paragraph.
(D) REQUIREMENTS.—A recipient of financial assistance
under this paragraph shall provide counseling, training,
and other related services, such as promoting long-term re-
siliency, to small business concerns and entrepreneurs im-
pacted by a major disaster.
(E) PERFORMANCE.—
(i) IN GENERAL.—The Administrator, in cooperation
with the recipients of financial assistance under this
paragraph, shall establish metrics and goals for per-
formance of grants, contracts, and cooperative agree-
ments under this paragraph, which shall include re-
covery of sales, recovery of employment, reestablish-
ment of business premises, and establishment of new
small business concerns.
(ii) USE OF ESTIMATES.—The Administrator shall
base the goals and metrics for performance established
under clause (i), in part, on the estimates of disaster
impact prepared by the Office of Disaster Assistance
for purposes of estimating loan-making requirements.
(F) TERM.—
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(i) IN GENERAL.—The term of any grant, contract, or
cooperative agreement under this paragraph shall be
for not more than 2 years.
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58
(ii) EXTENSION.—The Administrator may make 1 ex-
tension of a grant, contract, or cooperative agreement
under this paragraph for a period of not more than 1
year, upon a showing of good cause and need for the
extension.
(G) EXEMPTION FROM OTHER PROGRAM REQUIREMENTS.—
Financial assistance provided under this paragraph is in
addition to, and wholly separate from, any other form of
assistance provided by the Administrator under this Act.
(H) COMPETITIVE BASIS.—The Administration shall
award financial assistance under this paragraph on a com-
petitive basis.
(13) SUPPLEMENTAL ASSISTANCE FOR CONTRACTOR MALFEA-
SANCE.—
(A) IN GENERAL.—If a contractor or other person engages
in malfeasance in connection with repairs to, rehabilitation
of, or replacement of real or personal property relating to
which a loan was made under this subsection and the mal-
feasance results in substantial economic damage to the re-
cipient of the loan or substantial risks to health or safety,
upon receiving documentation of the substantial economic
damage or the substantial risk to health and safety from
an independent loss verifier, and subject to subparagraph
(B), the Administrator may increase the amount of the
loan under this subsection, as necessary for the cost of re-
pairs, rehabilitation, or replacement needed to address the
cause of the economic damage or health or safety risk.
(B) REQUIREMENTS.—The Administrator may only in-
crease the amount of a loan under subparagraph (A) upon
receiving an appropriate certification from the borrower
and person performing the mitigation attesting to the rea-
sonableness of the mitigation costs and an assignment of
any proceeds received from the person engaging in the
malfeasance. The assignment of proceeds recovered from
the person engaging in the malfeasance shall be equal to
the amount of the loan under this section. Any mitigation
activities shall be subject to audit and independent
verification of completeness and cost reasonableness.
(14) BUSINESS RECOVERY CENTERS.—
(A) IN GENERAL.—The Administrator, acting through the
district offices of the Administration, shall identify loca-
tions that may be used as recovery centers by the Adminis-
tration in the event of a disaster declared under this sub-
section or a major disaster.
(B) REQUIREMENTS FOR IDENTIFICATION.—Each district
office of the Administration shall—
(i) identify a location described in subparagraph (A)
in each county, parish, or similar unit of general local
government in the area served by the district office;
and
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(ii) ensure that the locations identified under sub-
paragraph (A) may be used as a recovery center with-
out cost to the Government, to the extent practicable.
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59
(15) INCREASED OVERSIGHT OF ECONOMIC INJURY DISASTER
LOANS.—The Administrator shall increase oversight of entities
receiving loans under paragraph (2), and may consider—
(A) scheduled site visits to ensure borrower eligibility
and compliance with requirements established by the Ad-
ministrator; and
(B) reviews of the use of the loan proceeds by an entity
described in paragraph (2) to ensure compliance with re-
quirements established by the Administrator.
No loan under this subsection, including renewals and extensions
thereof, may be made for a period or periods exceeding thirty years:
Provided, That the Administrator may consent to a suspension in
the payment of principal and interest charges on, and to an exten-
sion in the maturity of, the Federal share of any loan under this
subsection for a period not to exceed five years, if (A) the borrower
under such loan is a homeowner or a small business concern, (B)
the loan was made to enable (i) such homeowner to repair or re-
place his home, or (ii) such concern to repair or replace plant or
equipment which was damaged or destroyed as the result of a dis-
aster meeting the requirements of clause (A) or (B) of paragraph
(2) of this subsection, and (C) the Administrator determines such
action is necessary to avoid severe financial hardship: Provided fur-
ther, That the provisions of paragraph (1) of subsection (d) of this
section shall not be applicable to any such loan having a maturity
in excess of twenty years. Notwithstanding any other provision of
law, and except as provided in subsection (d), the interest rate on
the Administration’s share of any loan made under subsection (b),
shall not exceed the average annual interest rate on all interest-
bearing obligations of the United States then forming a part of the
public debt as computed at the end of the fiscal year next preceding
the date of the loan and adjusted to the nearest one-eight of 1 per
centum plus one-quarter of 1 per centum: Provided, however, That
the interest rate for loans made under paragraphs (1) and (2) here-
of shall not exceed the rate of interest which is in effect at the time
of the occurrence of the disaster. In agreements to participate in
loans on a deferred basis under this subsection, such participation
by the Administration shall not be in excess of 90 per centum of
the balance of the loan outstanding at the time of disbursement.
Notwithstanding any other provision of law, the interest rate on
the Administration’s share of any loan made pursuant to para-
graph (1) of this subsection to repair or replace a primary residence
and/or replace or repair damaged or destroyed personal property,
less the amount of compensation by insurance or otherwise, with
respect to a disaster occurring on or after July 1, 1976, and prior
to October 1, 1978, shall be: 1 per centum on the amount of such
loan not exceeding $10,000, and 3 per centum on the amount of
such loan over $10,000 but not exceeding $40,000. The interest rate
on the Administration’s share of the first $250,000 of all other
loans made pursuant to paragraph (1) of this subsection, with re-
spect to a disaster occurring on or after July 1, 1976, and prior to
October 1, 1978, shall be 3 per centum. All repayments of principal
on the Administration’s share of any loan made under the above
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provisions shall first be applied to reduce the principal sum of such
loan which bears interest at the lower rates provided in this para-
graph. The principal amount of any loan made pursuant to para-
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60
graph (1) in connection with a disaster which occurs on or after
April 1, 1977, but prior to January 1, 1978, may be increased by
such amount, but not more than $2,000, as the Administration de-
termines to be reasonable in light of the amount and nature of loss,
damage, or injury sustained in order to finance the installation of
insulation in the property which was lost, damaged, or injured, if
the uninsured, damaged portion of the property is 10 per centum
or more of the market value of the property at the time of the dis-
aster. No later than June 1, 1978, the Administration shall prepare
and transmit to the Select Committee on Small Business of the
Senate, the Committee on Small Business of the House of Rep-
resentatives, and the Committee of the Senate and House of Rep-
resentatives having jurisdiction over measures relating to energy
conservation, a report on its activities under this paragraph, in-
cluding therein an evaluation of the effect of such activities on en-
couraging the installation of insulation in property which is re-
paired or replaced after a disaster which is subject to this para-
graph, and its recommendations with respect to the continuation,
modification, or termination of such activities.
In the administration of the disaster loan program under para-
graphs (1) and (2) of this subsection, in the case of property loss
or damage or injury resulting from a major disaster as determined
by the President or a disaster as determined by the Administrator
which occurs on or after January 1, 1971, and prior to July 1, 1973,
the Small Business Administration, to the extent such loss or dam-
age or injury is not compensated for by insurance or otherwise—
(A) may make any loan for repair, rehabilitation, or replace-
ment of property damaged or destroyed without regard to
whether the required financial assistance is otherwise avail-
able from private sources;
(B) may, in the case of the total destruction or substantial
property damage of a home or business concern, refinance any
mortgage or other liens outstanding against the destroyed or
damaged property if such project is to be repaired, rehabili-
tated, or replaced, except that (1) in the case of a business con-
cern, the amount refinanced shall not exceed the amount of the
physical loss sustained, and (2) in the case of a home, the
amount of each monthly payment of principal and interest on
the loan after refinancing under this clause shall be not less
than the amount of each such payment made prior to such refi-
nancing;
(C) may, in the case of a loan made under clause (A) or a
mortgage or other lien refinanced under clause (B) in connec-
tion with the destruction of, or substantial damage to, property
owned and used as a residence by an individual who by reason
of retirement, disability, or other similar circumstances relies
for support on survivor, disability, or retirement benefits under
a pension, insurance, or other program, consent to the suspen-
sion of the payments of the principal of that loan, mortgage,
or lien during the lifetime of that individual and his souse for
so long as the Administration determines that making such
payments would constitute a substantial hardship;
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(D) shall, notwithstanding the provisions of any other law
and upon presentation by the applicant of proof of loss or dam-
age or injury and a bona fide estimate of cost of repair, reha-
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61
bilitation, or replacement, cancel the principal of any loan
made to cover a loss or damage or injury resulting from such
disaster, except that—
(i) with respect to a loan made in connection with a dis-
aster occurring on or after January 1, 1971 but prior to
January 1, 1972, the total amount so canceled shall not ex-
ceed $2,500, and the interest on the balance of the loan
shall be at a rate of 3 per centum per annum; and
(ii) with respect to a loan made in connection with a dis-
aster occurring on or after January 1, 1972 but prior to
July 1, 1973, the total amount so canceled shall not exceed
$5,000, and the interest on the balance of the loan shall
be at a rate of 1 per centum per annum.
With respect to any loan referred to in clause (D) which is out-
standing on the date of enactment of this paragraph, the Adminis-
trator shall—
(i) make sure change in the interest rate on the balance of
such loan as is required under that clause effective as of such
date of enactment; and
(ii) in applying the limitation set forth in that clause with re-
spect to the total amount of such loan which may be canceled,
consider as part of the amount so canceled any part of such
loan which was previously canceled pursuant to section 231 of
the Disaster Relief Act of 1970.
Whoever wrongfully misapplies the proceeds of a loan obtained
under this subsection shall be civilly liable to the Administrator in
an amount equal to one-and-one-half times the original principal
amount of the loan.
(E) A State grant made on or prior to July 1, 1979, shall not
be considered compensation for the purpose of applying the
provisions of section 312(a) of the Disaster Relief and Emer-
gency Assistance Act to a disaster loan under paragraph (1)
(2)of this subsection.
(c) PRIVATE DISASTER LOANS.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘disaster area’’ means any area for which
the President declared a major disaster relating to which
the Administrator declares eligibility for additional dis-
aster assistance under subsection (b)(9), during the period
of that major disaster declaration;
(B) the term ‘‘eligible individual’’ means an individual
who is eligible for disaster assistance under subsection
(b)(1) relating to a major disaster relating to which the Ad-
ministrator declares eligibility for additional disaster as-
sistance under subsection (b)(9);
(C) the term ‘‘eligible small business concern’’ means a
business concern that is—
(i) a small business concern, as defined under this
Act; or
(ii) a small business concern, as defined in section
103 of the Small Business Investment Act of 1958;
(D) the term ‘‘preferred lender’’ means a lender partici-
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pating in the Preferred Lender Program;
(E) the term ‘‘Preferred Lender Program’’ has the mean-
ing given that term in subsection (a)(2)(C)(ii); and
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62
(F) the term ‘‘qualified private lender’’ means any pri-
vately-owned bank or other lending institution that—
(i) is not a preferred lender; and
(ii) the Administrator determines meets the criteria
established under paragraph (10).
(2) PROGRAM REQUIRED.—The Administrator shall carry out
a program, to be known as the Private Disaster Assistance pro-
gram, under which the Administration may guarantee timely
payment of principal and interest, as scheduled, on any loan
made to an eligible small business concern located in a disaster
area and to an eligible individual.
(3) USE OF LOANS.—A loan guaranteed by the Administrator
under this subsection may be used for any purpose authorized
under subsection (b).
(4) ONLINE APPLICATIONS.—
(A) ESTABLISHMENT.—The Administrator may establish,
directly or through an agreement with another entity, an
online application process for loans guaranteed under this
subsection.
(B) OTHER FEDERAL ASSISTANCE.—The Administrator
may coordinate with the head of any other appropriate
Federal agency so that any application submitted through
an online application process established under this para-
graph may be considered for any other Federal assistance
program for disaster relief.
(C) CONSULTATION.—In establishing an online applica-
tion process under this paragraph, the Administrator shall
consult with appropriate persons from the public and pri-
vate sectors, including private lenders.
(5) MAXIMUM AMOUNTS.—
(A) GUARANTEE PERCENTAGE.—The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
(B) LOAN AMOUNT.—The maximum amount of a loan
guaranteed under this subsection shall be $2,000,000.
(6) TERMS AND CONDITIONS.—A loan guaranteed under this
subsection shall be made under the same terms and conditions
as a loan under subsection (b).
(7) LENDERS.—
(A) IN GENERAL.—A loan guaranteed under this sub-
section made to—
(i) a qualified individual may be made by a pre-
ferred lender; and
(ii) a qualified small business concern may be made
by a qualified private lender or by a preferred lender
that also makes loans to qualified individuals.
(B) COMPLIANCE.—If the Administrator determines that
a preferred lender knowingly failed to comply with the un-
derwriting standards for loans guaranteed under this sub-
section or violated the terms of the standard operating pro-
cedure agreement between that preferred lender and the
Administration, the Administrator shall do 1 or more of
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the following:
(i) Exclude the preferred lender from participating
in the program under this subsection.
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63
(ii) Exclude the preferred lender from participating
in the Preferred Lender Program for a period of not
more than 5 years.
(8) FEES.—
(A) IN GENERAL.—The Administrator may not collect a
guarantee fee under this subsection.
(B) ORIGINATION FEE.—The Administrator may pay a
qualified private lender or preferred lender an origination
fee for a loan guaranteed under this subsection in an
amount agreed upon in advance between the qualified pri-
vate lender or preferred lender and the Administrator.
(9) DOCUMENTATION.—A qualified private lender or preferred
lender may use its own loan documentation for a loan guaran-
teed by the Administrator under this subsection, to the extent
authorized by the Administrator. The ability of a lender to use
its own loan documentation for a loan guaranteed under this
subsection shall not be considered part of the criteria for be-
coming a qualified private lender under the regulations pro-
mulgated under paragraph (10).
(10) IMPLEMENTATION REGULATIONS.—
(A) IN GENERAL.—Not later than 1 year after the date of
enactment of the Small Business Disaster Response and
Loan Improvements Act of 2008, the Administrator shall
issue final regulations establishing permanent criteria for
qualified private lenders.
(B) REPORT TO CONGRESS.—Not later than 6 months
after the date of enactment of the Small Business Disaster
Response and Loan Improvements Act of 2008, the Admin-
istrator shall submit a report on the progress of the regu-
lations required by subparagraph (A) to the Committee on
Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Rep-
resentatives.
(11) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—Amounts necessary to carry out this
subsection shall be made available from amounts appro-
priated to the Administration to carry out subsection (b).
(B) AUTHORITY TO REDUCE INTEREST RATES AND OTHER
TERMS AND CONDITIONS.—Funds appropriated to the Ad-
ministration to carry out this subsection, may be used by
the Administrator to meet the loan terms and conditions
specified in paragraph (6).
(12) PURCHASE OF LOANS.—The Administrator may enter
into an agreement with a qualified private lender or preferred
lender to purchase any loan guaranteed under this subsection.
(d)(1) The Administration may further extend the maturity of or
renew any loan made pursuant to this section, or any loan trans-
ferred to the Administration pursuant to Reorganization Plan
Numbered 2 of 1954, or Reorganization Plan Numbered 1 of 1957,
for additional periods not to exceed ten years beyond the period
stated therein, if such extension or renewal will aid in the orderly
liquidation of such loan.
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(2) During any period in which principal and interest
charges are suspended on the Federal share of any loan, as
provided in subsection (b), the Administrator shall, upon the
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64
request of any person, firm, or corporation having a participa-
tion in such loan, purchase such participation, or assume the
obligation of the borrower, for the balance of such period, to
make principal and interest payments on the non-Federal
share of such loan: Provided, That no such payments shall be
made by the Administrator in behalf of any borrower unless (i)
the Administrator determines that such action is necessary in
order to avoid a default, and (ii) the borrower agrees to make
payments to the Administration in an agreegate amount equal
to the amount paid in its behalf by the Administrator, in such
manner and at such time (during or after the term of the loan)
as the Administrator shall determine having due regard to the
purposes sought to be achieved by this paragraph.
(3) With respect to a disaster occurring on or after October
1, 1978, and prior the effective date of this Act, on the Admin-
istration’s share of loans made pursuant to paragraph (1) of
subsection (b)—
(A) if the loan proceeds are to repair or replace a
primary residence and/or repair or replace damaged or
destroyed personal property, the interest rate shall be
3 percent on the first $55,000 of such loan;
(B) if the loan proceeds are to repair or replace prop-
erty damaged or destroyed and if the applicant is a
business concern which is unable to obtain sufficient
credit elsewhere, the interest rate shall be as deter-
mined by the Administration, but not in excess of 5
percent per annum; and
(C) if the loan proceeds are to repair or replace property
damaged or destroyed and if the applicant is a business
concern which is able to obtain sufficient credit elsewhere,
the interest rate shall not exceed the current average mar-
ket yield on outstanding marketable obligations of the
United States with remaining periods to maturity com-
parable to the average maturities of such loans and ad-
justed to the nearest one-eight of 1 percent, and an addi-
tional amount as determined by the Administration, but
not to exceed 1 percent: Provided, That three years after
such loan is fully disbursed and every two years thereafter
for the term of the loan, if the Administration determines
that the borrower is able to obtain a loan from one-Federal
sources at reasonable rates and terms for loans of similar
purposes and periods of time, the borrower shall, upon re-
quest by the Administration, apply for and accept such a
loan in sufficient amount to repay the Administration: Pro-
vided further, That no loan under subsection (b)(1) shall be
made, either directly or in cooperation with banks or other
lending institutions through agreements to participate on
an immediate or deferred basis, if the total amount out-
standing and committed to the borrower under such sub-
section would exceed $500,000 for each disaster, unless an
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applicant constitutes a major source of employment in an
area suffering a disaster, in which case the Administra-
tion, in its discretion, may waive the $500,000 limitation.
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(4) Notwithstanding the provisions of any other law, the in-
terest rate on the Federal share of any loan made under sub-
section (b) shall be—
(A) in the case of a homeowner unable to secure credit
elsewhere, the rate prescribed by the Administration but
not more than one-half the rate determined by the Sec-
retary of the Treasury taking into consideration the cur-
rent average market yield on outstanding marketable obli-
gations of the United States with remaining periods to ma-
turity comparable to the average maturities of such loans
plus an additional charge of not to exceed 1 per centum
per annum as determined by the Administrator, and ad-
justed to the nearest one-eight of 1 per centum but not to
exceed 8 per centum per annum;
(B) in the case of a homeowner able to secure credit else-
where, the rate prescribed by the Administration but not
more than the rate determined by the Secretary of the
Treasury taking into consideration the current average
market yield on outstanding marketable obligations of the
United States with remaining periods to maturity com-
parable to the average maturities of such loans plus an ad-
ditional charge of not to exceed 1 per centum per annum
as determined by the Administrator, and adjusted to the
nearest one-eighth of 1 per centum;
(C) in the case of a business concern unable to obtain
credit elsewhere, not to exceed 8 per centum per annum;
(D) in the case of a business concern able to obtain credit
elsewhere, the rate prescribed by the Administration but
not in excess of the rate prevailing in private market for
similar loans and not more than the rate prescribed by the
Administration as the maximum interest rate for deferred
participation (guaranteed) loans under section 7(a) of this
Act. Loans under this subparagraph shall be limited to a
maximum term of three years.
(5) Notwithstanding the provisions of any other law, the in-
terest rate on the Federal share of any loan made under sub-
section (b)(1) and (b)(2) on account of a disaster commencing on
or after October 1, 1982, shall be—
(A) in the case of a homeowner unable to secure credit
elsewhere, the rate prescribed by the Administration but
not more than one-half the rate determined by the Sec-
retary of the Treasury taking into consideration the cur-
rent average market yield on outstanding marketable obli-
gations of the United States with remaining periods to ma-
turity comparable to the average maturities of such loan
plus an additional charge of not to exceed 1 per centum
per annum as determined by the Administrator, and ad-
justed to the nearest one-eighth of 1 per centum, but not
to exceed 4 per centum per annum;
(B) in the case of a homeowner, able to secure credit
elsewhere, the rate prescribed by the Administration but
not more than the rate determined by the Secretary of the
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Treasury taking into consideration the current average
market yield on outstanding marketable obligations of the
United States with remaining periods to maturity com-
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66
parable to the average maturities of such loans plus an ad-
ditional charge of not to exceed 1 per centum per annum
as determined by the Administrator, and adjusted to the
nearest one-eighth of 1 per centum, but not to exceed 8 per
centum per annum;
(C) in the case of a business, private nonprofit organiza-
tion, or other concern, including agricultural cooperatives,
unable to obtain credit elsewhere, not to exceed 4 per cen-
tum per annum;
(D) in the case of a business concern able to obtain credit
elsewhere, the rate prescribed by the Administration but
not in excess of the lowest of (i) the rate prevailing in the
private market for similar loans, (ii) the rate prescribed by
the Administration as the maximum interest rate for de-
ferred participation (guaranteed) loans under section 7(a)
of this Act, or (iii) 8 per centum per annum. Loans under
this subparagraph shall be limited to a maximum term of
7 years.
(6) Notwithstanding the provisions of any other law, such
loans, subject to the reductions required by subparagraphs (A)
and (B) of paragraph 7(b)(1), shall be in amounts equal to 100
per centum of loss. The interest rate for loans made under
paragraphs 7(b)(1) and (2), as determined pursuant to para-
graph (5), shall be the rate of interest which is in effect on the
date of the disaster commenced: Provided, That no loan under
paragraphs 7(b) (1) and (2) shall be made, either directly or in
cooperation with banks or other lending institutions through
agreements to participate on an immediate or deferred (guar-
anteed) basis, if the total amount outstanding and committed
to the borrower under subsection 7(b) would exceed $500,000
for each disaster unless an applicant constitutes a major source
of employment in an area suffering a disaster, in which case
the Administration, in its discretion, may waive the $500,000
limitation: Provided further, That the Administration, subject
to the reductions required by subparagraphs (A) and (B) of
paragraph 7(b)(1), shall not reduce the amount of eligibility for
any homeowner on account of loss of real estate to less than
$100,000 for each disaster nor for any homeowner or lessee on
account of loss of personal property to less than $20,000 for
each disaster, such sums being in addition to any eligible refi-
nancing: Provided further, That the Administration shall not
require collateral for loans of $25,000 or less (or such higher
amount as the Administrator determines appropriate in the
event of a disaster) which are made under paragraph (1) of
subsection (b): Provided further, That the Administrator, in ob-
taining the best available collateral for a loan of not more than
$200,000 under paragraph (1) or (2) of subsection (b) relating
to damage to or destruction of the property of, or economic in-
jury to, a small business concern, shall not require the owner
of the small business concern to use the primary residence of
the owner as collateral if the Administrator determines that
the owner has other assets of equal quality and with a value
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equal to or greater than the amount of the loan that could be
used as collateral for the loan: Provided further, That nothing
in the preceding proviso may be construed to reduce the
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67
amount of collateral required by the Administrator in connec-
tion with a loan described in the preceding proviso or to modify
the standards used to evaluate the quality (rather than the
type) of such collateral. Employees of concerns sharing a com-
mon business premises shall be aggregated in determining
‘‘major source of employment’’ status for nonprofit applicants
owning such premises.
With respect to any loan which is outstanding on the date of enact-
ment of this paragraph and which was made on account of a dis-
aster commencing on or after October 1, 1982, the Administrator
shall made such change in the interest rate on the balance of such
loan as is required herein effective as of the date of enactment.
(7) The Administration shall not withhold disaster assistance
pursuant to this paragraph to nurseries who are victims of drought
disasters. As used in section 7(b)(2) the term ‘‘an area affected by
a disaster’’ includes any county, or county contiguous thereto, de-
termined to be a disaster by the President, the Secretary of Agri-
culture or the Administrator of the Small Business Administration.
(8) DISASTER LOANS FOR SUPERSTORM SANDY.—
(A) IN GENERAL.—Notwithstanding any other provision
of law, and subject to the same requirements and proce-
dures that are used to make loans pursuant to subsection
(b), a small business concern, homeowner, nonprofit entity,
or renter that was located within an area and during the
time period with respect to which a major disaster was de-
clared by the President under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) by reason of Superstorm Sandy may apply to
the Administrator—
(i) for a loan to repair, rehabilitate, or replace prop-
erty damaged or destroyed by reason of Superstorm
Sandy; or
(ii) if such a small business concern has suffered
substantial economic injury by reason of Superstorm
Sandy, for a loan to assist such a small business con-
cern.
(B) TIMING.—The Administrator shall select loan recipi-
ents and make available loans for a period of not less than
1 year after the date on which the Administrator carries
out this authority.
(C) INSPECTOR GENERAL REVIEW.—Not later than 6
months after the date on which the Administrator begins
carrying out this authority, the Inspector General of the
Administration shall initiate a review of the controls for
ensuring applicant eligibility for loans made under this
paragraph.
(e) The Administration shall not fund any Small Business Devel-
opment Center or any variation thereof, except as authorized in
section 21 of this Act.
(f) ADDITIONAL REQUIREMENTS FOR 7(b) LOANS.—
(1) INCREASED DEFERMENT AUTHORIZED.—
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(A) IN GENERAL.—In making loans under subsection (b),
the Administrator may provide, to the person receiving the
loan, an option to defer repayment on the loan.
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68
(B) PERIOD.—The period of a deferment under subpara-
graph (A) may not exceed 4 years.
(g) NET EARNINGS CLAUSES PROHIBITED FOR 7(b) LOANS.—In
making loans under subsection (b), the Administrator shall not re-
quire the borrower to pay any non-amortized amount for the first
five years after repayment begins.
(e) [RESERVED].
(f) [RESERVED].
(h)(1) The Administration also is empowered, where other finan-
cial assistance is not available on reasonable terms, to make such
loans (either directly or in cooperation with Banks or other lending
institutions through agreements to participate on an immediate or
deferred basis) as the Administration may determine to be nec-
essary or appropriate—
(A) to assist any public or private organization—
(i) which is organized under the laws of the United
States or of any State, operated in the interest of handi-
capped individuals, the net income of which does not inure
in whole or in part to the benefit of any shareholder or
other individual;
(ii) which complies with any applicable occupational
health and safety standard prescribed by the Secretary of
Labor; and
(iii) which, in the production of commodities and in the
provision of services during any fiscal year in which it re-
ceives financial assistance under this subsection, employs
handicapped individuals for not less than 75 per centum of
the man-hours required for the production or provision of
the commodities or services; or
(B) to assist any handicapped individual in establishing, ac-
quiring, or operating a small business concern.
(2) The Administration’s share of any loan made under this sub-
section shall not exceed $350,000, nor may any such loan be made
if the total amount outstanding and committed (by participation or
otherwise) to the borrower from the business loan and investment
fund established by section 4(c)(1)(B) of this Act would exceed
$350,000. In agreements to participate in loans on a deferred basis
under this subsection, the Administration’s participation may total
100 per centum of the balance of the loan at the time of disburse-
ment. The Administration’s share of any loan made under this sub-
section shall bear interest at the rate of 3 per centum per annum.
The maximum term of any such loan, including extensions and re-
newals thereof, may not exceed fifteen years. All loans made under
this subsection shall be of such sound value or so secured as rea-
sonably to assure repayment: Provided, however, That any reason-
able doubt shall be resolved in favor of the applicant.
(3) For purposes of this subsection, the term ‘‘handicapped indi-
vidual’’ means a person who has a physical, mental, or emotional
impairment, defect, ailment, disease, or disability of a permanent
nature which in any way limits the selection of any type of employ-
ment for which the person would otherwise be qualified or
qualifiable.
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(i)(1) The Administration also is empowered to make, participate
(on an immediate basis) in, or guarantee loans, repayable in not
more than fifteen years, to any small business concern, or to any
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69
qualified person seeking to establish such a concern, when it deter-
mines that such loans will further the policies established in sec-
tion 2(b) of this Act, with particular emphasis on the preservation
or establishment of small business concerns located in urban or
rural areas with high proportions of unemployed or low-income in-
dividuals, or owned by low-income individuals: Provided, however,
That no such loans shall be made, participated in, or guaranteed
if the total of such Federal assistance to a single borrower out-
standing at any one time would exceed $100,000. The Administra-
tion may defer payments on the principal of such loans for a grace
period and use such other methods as it deems necessary and ap-
propriate to assure the successful establishment and operation of
such concern. The Administration may, in its discretion, as a condi-
tion of such financial assistance, require that the borrower take
steps to improve his management skills by participating in a man-
agement training program approved by the Administration: Pro-
vided, however, That any management training program so ap-
proved must be of sufficient scope and duration to provide reason-
able opportunity for the individuals served to develop entrepre-
neurial and managerial self-sufficiency.
(2) The Administration shall encourage, as far as possible, the
participation of the private business community in the program of
assistance to such concerns, and shall seek to stimulate new pri-
vate lending activities to such concerns through the use of the loan
guarantees, participations in loans, and pooling arrangements au-
thorized by this subsection.
(3) To insure an equitable distribution between urban and rural
areas for loans between $3,500 and $100,000 made under this sub-
section, the Administration is authorized to use the agencies and
agreements and delegations developed under title III of the Eco-
nomic Opportunity Act of 1964, as amended, as it shall determine
necessary.
(4) The Administration shall provide for the continuing evalua-
tion of programs under this subsection, including full information
on the location, income characteristics, and types of businesses and
individuals assisted, and on new private lending activity stimu-
lated, and the results of such evaluation together with rec-
ommendations shall be included in the report required by section
10(a) of this Act.
(5) Loans made pursuant to this subsection (including immediate
participation in and guarantees of such loans) shall have such
terms and conditions as the Administration shall determine, sub-
ject to the following limitations—
(A) there is reasonable assurance of repayment of the loan;
(B) the financial assistance is not otherwise available on rea-
sonable terms from private sources or other Federal, State, or
local programs;
(C) the amount of the loan, together with other funds avail-
able, is adequate to assure completion of the project or achieve-
ment of the purposes for which the loan is made;
(D) the loan bears interest at a rate not less than (i) a rate
determined by the Secretary of the Treasury, taking into con-
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sideration the average market yield on outstanding Treasury
obligations of comparable maturity, plus (ii) such additional
charge, if any, toward covering other costs of the program as
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70
the Administration may determine to be consistent with its
purposes: Provided, however, That the rate of interest charged
on loans made in redevelopment areas designated under the
Public Works and Economic Development Act of 1965 (42
U.S.C. 3108 et seq.) shall not exceed the rate currently applica-
ble to new loans made under section 201 of that Act (42 U.S.C.
3142); and
(E) fees not in excess of amounts necessary to cover adminis-
trative expenses and probable losses may be required on loan
guarantees.
(6) The Administration shall take such steps as may be necessary
to insure that, in any fiscal year, at least 50 per centum of the
amounts loaned or guaranteed pursuant to this subsection are al-
lotted to small business concerns located in urban areas identified
by the Administration as having high concentrations of unemployed
or low-income individuals or to small business concerns owned by
low-income individuals. The Administration shall define the mean-
ing of low income as it applies to owners of small business concerns
eligible to be assisted under this subsection.
(7) No financial assistance shall be extended pursuant to this
subsection when the Administration determines that the assistance
will be used in relocating establishments from one area to another
if such relocation would result in an increase in unemployment in
the area of original location.
(j)(1) the Administration shall provide financial assistance to
public or private organizations to pay all or part of the cost of
projects designated to provide technical or management assistance
to individuals or enterprises eligible for assistance under sections
7(i), 7(j)(10), and 8(a) of this Act, with special attention to small
businesses located in areas of high concentration of unemployed or
low-income individuals, to small businesses eligible to receive con-
tracts pursuant to section 8(a) of this Act.
(2) Financial assistance under this subsection may be provided
for projects, including, but not limited to—
(A) planning and research, including feasibility studies and
market research;
(B) the identification and development of new business op-
portunities;
(C) the furnishing of centralized services with regard to pub-
lic services and Federal Government programs including pro-
grams authorized under sections 7(i), (7)(j)(10), and 8(a) of this
Act;
(D) the establishment and strengthening of business service
agencies, including trade associations and cooperative; and
(E) the furnishing of business counseling, management train-
ing, and legal and other related services, with special emphasis
on the development of management training programs using
the resources of the business community, including the devel-
opment of management training opportunities in existing busi-
ness, and with emphasis in all cases upon providing manage-
ment training of sufficient scope and duration to develop entre-
preneurial and managerial self-sufficiency on the part of the
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individuals served.
(3) The Administration shall encourage the placement of sub-
contracts by businesses with small business concerns located in
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71
area of high concentration of unemployed or low-income individ-
uals, with small businesses owned by low-income individuals, and
with small businesses eligible to receive contracts pursuant to sec-
tion 8(a) of this Act. The Administration may provide incentives
and assistance to such businesses that will aid in the training and
upgrading of potential subcontractors or other small business con-
cerns eligible for assistance under section 7(i), 7(j), and 8(a), of this
Act.
(4) The Administration shall give preference to projects which
promote the ownership, participation in ownership, or management
of small businesses owned by low-income individuals and small
businesses eligible to receive contracts pursuant to section 8(a) of
this Act.
(5) The financial assistance authorized for projects under this
subsection includes assistance advanced by grant, agreement, or
contract.
(6) The Administration is authorized to make payments under
grants and contracts entered into under this subsection in lump
sum or installments, and in advance or by way of reimbursement,
and in the case of grants, with necessary adjustments on account
of overpayments or underpayments.
(7) To the extent feasible, services under this subsection shall be
provided in a location which is easily accessible to the individuals
and small business concerns served.
(9) The Administration shall take such steps as may be necessary
and appropriate, in coordination and cooperation with the heads of
other Federal departments and agencies, to insure that contracts,
subcontracts, and deposits made by the Federal Government or
with programs aided with Federal funds are placed in such way as
to further the purposes of sections 7(i), 7(j), and 8(a) of this Act.
(10) There is established with the Administration a small busi-
ness and capital ownership development program (hereinafter re-
ferred to as the ‘‘Program’’) which shall provide assistance exclu-
sively for small business concerns eligible to receive contracts pur-
suant to section 8(a) of this Act. The program, and all other serv-
ices and activities authorized under section 7(j) and 8(a) of this Act,
shall be managed by the Associate Administrator for Minority
Small Business and Capital Ownership Development under the su-
pervision of, and responsible to, the Administrator.
(A) The Program shall—
(i) assist small business concerns participating in the
Program (either through public or private organizations) to
develop and maintain comprehensive business plans which
set forth the Program Participant’s specific business tar-
gets, objectives, and goals developed and maintained in
conformity with subparagraph (D).
(ii) provide for such other nonfinancial services as
deemed necessary for the establishment, preservation, and
growth of small business concerns participating in the Pro-
gram, including but not limited to (I) loan packaging, (II)
financing counseling, (III) accounting and bookkeeping as-
sistance, (IV) marketing assistance, and (V) management
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assistance;
(iii) assist small business concerns participating in the
Program to obtain equity and debt financing;
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72
(iv) establish regular performance monitoring and re-
porting systems for small business concerns participating
in the Program to assure compliance with their business
plans;
(v) analyze and report the causes of success and failure
of small business concerns participating in the Program;
and
(vi) provide assistance necessary to help small business
concerns participating in the Program to procure surety
bonds, with such assistance including, but not limited to,
(I) the preparation of application forms required to receive
a surety bond, (II) special management and technical as-
sistance designed to meet the specific needs of small busi-
ness concerns participating in the Program and which
have received or are applying to receive a surety bond, and
(III) guarantee from the Administration pursuant to title
IV, part B of the Small Business Investment Act of 1958.
(B) Small business concerns eligible to receive contracts pur-
suant to section 8(a) of this Act shall participate in the Pro-
gram.
(C)(i) A small business concern participating in any program
or activity conducted under the authority of this paragraph or
eligible for the award of contracts pursuant to section 8(a) on
September 1, 1988, shall be permitted continued participation
and eligibility in such program or activity for a period of time
which is the greater of—
(I) 9 years less the number of years since the award of
its first contract pursuant to section 8(a); or
(II) its original fixed program participation term (plus
any extension thereof) assigned prior to the effective date
of this paragraph plus eighteen months.
(ii) Nothing contained in this subparagraph shall be deemed
to prevent the Administration from instituting a termination
or graduation pursuant to subparagraph (F) or (H) for issues
unrelated to the expiration of any time period limitation.
(D)(i) Promptly after certification under paragraph (11) a
Program Participant shall submit a business plan (hereinafter
referred to as the plan’’) as described in clause (ii) of this sub-
paragraph for review by the Business Opportunity Specialist
assigned to assist such Program Participant. The plan may be
a revision of a preliminary business plan submitted by the Pro-
gram Participant or required by the Administration as a part
of the application for certification under this section and shall
be designed to result in the Program Participant eliminating
the conditions or circumstances upon which the Administration
determined eligibility pursuant to section 8(a)(6). Such plan,
and subsequent modifications submitted under clause (iii) of
this subparagraph, shall be approved by the business oppor-
tunity specialist prior to the Program Participant being eligible
for award of a contract pursuant to section 8(a).
(ii) The plans submitted under this subparagraph shall
include the following:
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(I) An analysis of market potential, competitive en-
vironment, and other business analyses estimating the
Program Participant’s prospects for profitable oper-
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73
ations during the term of program participation and
after graduation.
(II) An analysis of the Program Participant’s
strengths and weaknesses with particular attention to
correcting any financial, managerial, technical, or per-
sonnel conditions which are likely to impede the small
business concern from receiving contracts other than
those awarded under section 8(a).
(III) Specific targets, objectives, and goals, for the
business development of the Program Participant dur-
ing the next and succeeding years utilizing the results
of the analyses conducted pursuant to subclauses (I)
and (II).
(IV) A transition management plan outlining specific
steps to assure profitable business operations after
graduation (to be incorporated into the Program Par-
ticipant’s plan during the first year of the transitional
stage of Program participation).
(V) Estimates of contract awards pursuant to section
8(a) and from other sources, which the Program Par-
ticipant will require to meet the specific targets, objec-
tives, and goals for the years covered by its plan. The
estimates established shall be consistent with the pro-
visions of subparagraph (I) and section 8(a).
(iii) Each Program Participant shall annually review its
currently approved plan with its Business Opportunity
Specialist and modify such plan as may be appropriate.
Any modified plan shall be submitted to the Administra-
tion for approval. The currently approved plan shall be
considered valid until such time as a modified plan is ap-
proved by the Business Opportunity Specialist. Annual re-
views pertaining to years in the transitional stage of pro-
gram participation shall require, as appropriate, a written
verification that such Program Participant has complied
with the requirements of subparagraph (I) relating to at-
taining business activity from sources other than contracts
awarded pursuant to section 8(a).
(iv) Each Program Participant shall annually forecast its
needs for contract awards under section 8(a) for the next
program year and the succeeding program year during the
review of its business plan, conducted pursuant to clause
(iii). Such forecast shall be known as the section 8(a) con-
tract support level and shall be included in the Program
Participant’s business plan. Such forecast shall include—
(I) the aggregate dollar value of contract support to
be sought on a noncompetitive basis under section
8(a), reflecting compliance with the requirements of
subparagraph (I) relating to attaining business activ-
ity from sources other than contracts awarded pursu-
ant to section 8(a),
(II) the types of contract opportunities being sought,
identified by Standard Industrial Classification (SIC)
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Code or otherwise,
(III) an estimate of the dollar value of contract sup-
port to be sought on a competitive basis, and
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74
(IV) such other information as may be requested by
the Business Opportunity Specialist to provide effec-
tive business development assistance to the Program
Participant.
(E) A small business concern participating in the program
conducted under the authority of this paragraph and eligible
for the award of contracts pursuant to section 8(a) shall be de-
nied all such assistance if such concern—
(i) voluntarily elects not to continue participation;
(ii) completes the period of Program participation as pre-
scribed by paragraph (15);
(iii) is terminated pursuant to a termination proceeding
conducted in accordance with section 8(a)(9); or
(iv) is graduated pursuant to a graduation proceeding
conducted in accordance with section 8(a)(9).
(F) For the purposes of section and 8(a), the terms ‘‘termi-
nated’’ or ‘‘termination’’ means the total denial or suspension
of assistance under this paragraph or under section 8(a) prior
to the graduation of the participating small business concern
or prior to the expiration of the maximum program participa-
tion in term. An action for termination shall be based upon
good cause, including—
(i) the failure by such concern to maintain its eligibility
for Program participation;
(ii) the failure of the concern to engage in business prac-
tices that will promote its competitiveness within a reason-
able period of time as evidenced by, among other indica-
tors, a pattern of unjustified delinquent performance or
terminations for default with respect to contracts awarded
under the authority of section 8(a);
(iii) a demonstrated pattern of failing to make required
submissions or responses to the Administration in a timely
manner;
(iv) the willful violation of any rule or regulation of the
Administration pertaining to material issues;
(v) the debarment of the concern or its disadvantaged
owners by any agency pursuant to subpart 9.4 of title 48,
Code of Federal Regulations (or any successor regulation);
or
(vi) the conviction of the disadvantaged owner or an offi-
cer of the concern for any offense indicating a lack of busi-
ness integrity including any conviction for embezzlement,
theft, forgery, bribery, falsification or violation of section
16. For purposes of this clause, no termination action shall
be taken with respect to a disadvantaged owner solely be-
cause of the conviction of an officer of the concern (who is
other than a disadvantaged owner) unless such owner con-
spired with, abetted, or otherwise knowingly acquiesced in
the activity or omission that was the basis of such officer’s
conviction.
(G) The Director of the Division may initiate a termination
proceeding by recommending such action to the Associate Ad-
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ministrator for Minority Small Business and Capital Owner-
ship Development. Whenever the Associate Administrator, or a
designee of such officer, determines such termination is appro-
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75
priate, within 15 days after making such a determination the
Program Participant shall be provided a written notice of in-
tent to terminate, specifying the reasons for such action. No
Program Participant shall be terminated from the Program
pursuant to subparagraph (F) without first being afforded an
opportunity for a hearing in accordance with section 8(a)(9).
(H) For the purposes of sections 7(j) and 8(a) the term ‘‘grad-
uated’’ or ‘‘graduation’’ means that the Program Participant is
recognized as successfully completing the program by substan-
tially achieving the targets, objectives, and goals contained in
the concern’s business plan thereby demonstrating its ability to
compete in the marketplace without assistance under this sec-
tion or section 8(a).
(I)(i) During the developmental stage of its participation in
the Program, a Program Participant shall take all reasonable
efforts within its control to attain the targets contained in its
business plan for contracts awarded other than pursuant to
section 8(a) (hereinafter referred to as ‘‘business activity tar-
gets.’’). Such efforts shall be made a part of the business plan
and shall be sufficient in scope and duration to satisfy the Ad-
ministration that the Program Participant will engage a rea-
sonable marketing strategy that will maximize its potential to
achieve its business activity targets.
(ii) During the transitional stage of the Program a Program
Participant shall be subject to regulations regarding business
activity targets that are promulgated by the Administration
pursuant to clause (iii);
(iii) The regulations referred to in clause (ii) shall:
(I) establish business activity targets applicable to Pro-
gram Participants during the fifth year and each suc-
ceeding year of Program Participation; such targets, for
such period of time, shall reflect a reasonably consistent
increase in contracts awarded other than pursuant to sec-
tion 8(a), expressed as a percentage of total sales; when
promulgating business activity targets the Administration
may establish modified targets for Program Participants
that have participated in the Program for a period of
longer than four years on the effective date of this sub-
paragraph;
(II) require a Program Participant to attain its business
activity targets;
(III) provide that, before the receipt of any contract to be
awarded pursuant to section 8(a), the Program Participant
(if it is in the transitional stage) must certify that it has
complied with the regulations promulgated pursuant to
subclause (II), or that it is in compliance with such reme-
dial measures as may have been ordered pursuant to regu-
lations issued under subclause (V);
(IV) require the Administration to review each Program
Participant’s performance regarding attainment of busi-
ness activity targets during periodic reviews of such Par-
ticipant’s business plan; and
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(V) authorize the Administration to take appropriate re-
medial measures with respect to a Program Participant
that has failed to attain a required business activity target
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76
for the purpose of reducing such Participant’s dependence
on contracts awarded pursuant to section 8(a); such reme-
dial actions may include, but are not limited to assisting
the Program Participant to expand the dollar volume of its
competitive business activity or limiting the dollar volume
of contracts awarded to the Program Participant pursuant
to section 8(a); except for actions that would constitute a
termination, remedial measures taken pursuant to this
subclause shall not be reviewable pursuant to section
8(a)(9).
(J)(i) The Administration shall conduct an evaluation of a
Program Participant’s eligibility for continued participation in
the Program whenever it receives specific and credible infor-
mation alleging that such Program Participant no longer meets
the requirements for Program eligibility. Upon making a find-
ing that a Program Participant is no longer eligible, the Ad-
ministration shall initiate a termination proceeding in accord-
ance with subparagraph (F). A Program Participant’s eligibility
for award of any contract under the authority of section 8(a)
may be suspended pursuant to subpart 9.4 of title 48, Code of
Federal Regulations (or any successor regulation).
(ii)(I) Except as authorized by subclauses (II) or (III), no
award shall be made pursuant to section 8(a) to a concern
other than a small business concern.
(II) In determining the size of a small business concern
owned by a socially and economically disadvantaged Indian
tribe (or a wholly owned business entity of such tribe), each
firm’s size shall be independently determined without regard
to its affiliation with the tribe, any entity of the tribal govern-
ment, or any other business enterprise owned by the tribe, un-
less the Administrator determines that one or more such trib-
ally owned business concerns have obtained, or are likely to ob-
tain, a substantial unfair competitive advantage within an in-
dustry category.
(III) Any joint venture established under the authority of
section 602(b) of Public Law 100–656, the ‘‘Business Oppor-
tunity Development Reform Act of 1988’’, shall be eligible for
award of a contract pursuant to section 8(a).
(11)(A) The Associate Administrator for Minority Small Business
and Capital Ownership Development shall be responsible for co-
ordinating and formulating policies relating to Federal assistance
to small business concerns eligible for assistance under section 7(i)
of this Act and small business concerns eligible to receive contracts
pursuant to section 8(a) of this Act.
(B)(i) Except as provided in clause (iii), no individual who
was determined pursuant to section 8(a) to be socially and eco-
nomically disadvantaged before the effective date of this sub-
paragraph shall be permitted to assert such disadvantage with
respect to any other concern making application for certifi-
cation after such effective date.
(ii) Except as provided in clause (iii), any individual
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upon whom eligibility is based pursuant to section 8(a)(4)
shall be permitted to assert such eligibility for only one
small business concern.
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77
(iii) A socially and economically disadvantaged Indian
tribe may own more than one small business concern eligi-
ble for assistance pursuant to section 7(j)(10) and section
8(a) if—
(I) the Indian tribe does not own another firm in the
same industry which has been determined to be eligi-
ble to receive contracts under this program, and
(II) the individuals responsible for the management
and daily operations of the concern do not manage
more than two Program Participants.
(C) No concern, previously eligible for the award of contracts pur-
suant to section 8(a), shall be subsequently recertified for program
participation if its prior participation in the program was concluded
for any of the reasons described in paragraph (10)(E).
(D) A concern eligible for the award of contracts pursuant to this
subsection shall remain eligible for such contracts if there is a
transfer of ownership and control (as defined pursuant to section
8(a)(4)) to individuals who are determined to be socially and eco-
nomically disadvantaged pursuant to section 8(a). In the event of
such a transfer, the concern, if not terminated or graduated, shall
be eligible for a period of continued participation in the program
not to exceed the time limitations prescribed in paragraph (15).
(E) There is established a Division of Program Certification and
Eligibility (hereinafter referred to in this paragraph as the Divi-
sion’’) that shall be made part of the Office of Minority Small Busi-
ness and Capital Ownership Development. The Division shall be
headed by a Director who shall report directly to the Associate Ad-
ministrator for Minority Small Business and Capital Ownership
Development. The Division shall establish field offices within such
regional offices of the Administration as may be necessary to per-
form efficiently its functions and responsibilities.
(F) Subject to the provisions of section 8(a)(9), the functions and
responsibility of the Division are to—
(i) receive, review and evaluate applications for certification
pursuant to paragraphs (4), (5), (6) and (7) of section 8(a);
(ii) advise each program applicant within 15 days after the
receipt of an application as to whether such application is com-
plete and suitable for evaluation and, if not, what matters
must be rectified;
(iii) render recommendations on such applications to the As-
sociate Administrator for Minority Small Business and Capital
Ownership Development;
(iv) review and evaluate financial statements and other sub-
missions from concerns participating in the program estab-
lished by paragraph (10) to ascertain continued eligibility to re-
ceive subcontracts pursuant to section 8(a);
(v) make a request for the initiation of termination or grad-
uation proceedings, as appropriate, to the Associate Adminis-
trator for Minority Small Business and Capital Ownership De-
velopment;
(vi) make recommendations to the Associate Administrator
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for Minority Small Business and Capital Ownership Develop-
ment concerning protests from applicants that have been de-
nied program admission;
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78
(vii) decide protests regarding the status of a concern as a
disadvantaged concern for purposes of any program or activity
conducted under the authority of subsection (d) of section 8, or
any other provision of Federal law that references such sub-
section for a definition of program eligibility; and
(viii) implement such policy directives as may be issued by
the Associate Administrator for Minority Small Business and
Capital Ownership Development pursuant to subparagraph (I)
regarding, among other things, the geographic distribution of
concerns to be admitted to the program and the industrial
make-up of such concerns.
(G) An applicant shall not be denied admission into the program
established by paragraph (10) due solely to a determination by the
Division that specific contract opportunities are unavailable to as-
sist in the development of such concern unless—
(i) the Government has not previously procured and is un-
likely to procure the types of products or services offered by the
concern; or
(ii) the purchases of such products or services by the Federal
Government will not be in quantities sufficient to support the
developmental needs of the applicant and other Program Par-
ticipants providing the same or similar items or services.
(H) Not later than 90 days after receipt of a completed appli-
cation for Program certification, the Associate Administrator
for Minority Small Business and Capital Ownership Develop-
ment shall certify a small business concern as a Program Par-
ticipant or shall deny such application.
(I) Thirty days before the conclusion of each fiscal year, the Di-
rector of the Division shall review all concerns that have been ad-
mitted into the Program during the preceding 12-month period.
The review shall ascertain the number of entrants, their geo-
graphic distribution and industrial classification. The Director shall
also estimate the expected growth of the Program during the next
fiscal year and the number of additional Business Opportunity Spe-
cialists, if any, that will be needed to meet the anticipated demand
for the Program. The findings and conclusions of the Director shall
be reported to the Associate Administrator for Minority Small Busi-
ness and Capital Ownership Development by September 30 of each
year. Based on such report and such additional data as may be rel-
evant, the Associate Administrator shall, by October 31 of each
year, issue policy and program directives applicable to such fiscal
year that—
(i) establish priorities for the solicitation of program applica-
tions from underrepresented regions and industry categories;
(ii) assign staffing levels and allocate other program re-
sources as necessary to meet program needs; and
(iii) establish priorities in the processing and admission of
new Program Participants as may be necessary to achieve an
equitable geographic distribution of concerns and a distribution
of concerns across all industry categories in proportions needed
to increase significantly contract awards to small business con-
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cerns owned and controlled by socially and economically dis-
advantaged individuals. When considering such increase the
Administration shall give due consideration to those industrial
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79
categories where Federal purchases have been substantial but
where the participation rate of such concerns has been limited.
(12)(A) The Administration shall segment the Capital Ownership
Development Program into two stages: a developmental stage; and
a transitional stage.
(B) The developmental stage of program participation shall be
designed to assist the concern in its effort to overcome its economic
disadvantage by providing such assistance as may be necessary
and appropriate to access its markets and to strengthen its finan-
cial and managerial skills.
(C) The transitional stage of program participation shall be de-
signed to overcome, insofar as practicable, the remaining elements
of economic disadvantage and to prepare such concern for gradua-
tion from the program.
(13) A Program Participant, if otherwise eligible, shall be quali-
fied to receive the following assistance during the stages of pro-
gram participation specified in paragraph 12:
(A) Contract support pursuant to section 8(a).
(B) Financial assistance pursuant to section 7(a)(20).
(C) A maximum of two exemptions from the requirements of
section 1(a) of the Act entitled ‘‘An Act providing conditions for
the purchase of supplies and the making of contracts by the
United States, and for other purposes’’, approved June 30,
1936 (49 Stat. 2036), which exemptions shall apply only to con-
tracts awarded pursuant to section (8)(a) and shall only be
used to allow for contingent agreements by a small business
concern to acquire the machinery, equipment, facilities, or
labor needed to perform such contracts. No exemption shall be
made pursuant to this subparagraph if the contract to which
it pertains has an anticipated value in excess of $10,000,000.
This subparagraph shall cease to be effective on October 1,
1992.
(D) A maximum of five exemptions from the requirements of
the Act entitled ‘‘An Act requiring contracts for the construc-
tion, alteration and repair of any public building or public work
of the United States to be accompanied by a performance bond
protecting the United States and by an additional bond for the
protection of persons furnishing material and labor for the con-
struction, alteration, or repair of said public buildings or public
works’’, approved August 24, 1935 (49 Stat. 793), which exemp-
tions shall apply only to contracts awarded pursuant to section
8(a), except that, such exemptions may be granted under this
subparagraph only if—
(i) the Administration finds that such concern is unable
to obtain the requisite bond or bonds from a surety and
that no surety is willing to issue a bond subject to the
guarantee provision of title IV of the Small Business In-
vestment Act of 1958 (15 U.S.C. 692 et seq.);
(ii) the Administration and the agency providing the con-
tracting opportunity have provided for the protection of
persons furnishing materials or labor to the Program Par-
ticipant by arranging for the direct disbursement of funds
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due to such persons by the procuring agency or through
any bank the deposits of which are insured by the Federal
Deposit Insurance Corporation; and
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80
(iii) the contract to which it pertains does not exceed
$3,000,000 in amount. This subparagraph shall cease to be
effective on October 1, 1994.
(E) Financial assistance whereby the Administration may
purchase in whole or in part, and on behalf of such concerns,
skills training or upgrading for employees or potential employ-
ees of such concerns. Such assistance may be made without re-
gard to section 18(a). Assistance may be made by direct pay-
ment to the training provider or by reimbursing the Program
Participant or the Participant’s employee, if such reimburse-
ment is found to be reasonable and appropriate. For purposes
of this subparagraph the term ‘‘training provider’’ shall mean
an institution of higher education, a community or vocational
college, or an institution eligible to provide skills training or
upgrading under title I of the Workforce Innovation and Op-
portunity Act. The Administration shall, in consultation with
the Secretary of Labor, promulgate rules and regulations to im-
plement this subparagraph that establish acceptable training
and upgrading performance standards and provide for such
monitoring or audit requirements as may be necessary to en-
sure the integrity of the training effort. No financial assistance
shall be granted under the subparagraph unless the Adminis-
trator determines that—
(i) such concern has documented that it has first ex-
plored the use of existing cost-free or cost-subsidized train-
ing programs offered by public and private sector agencies
working with programs of employment and training and
economic development;
(ii) no more than five employees or potential employees
of such concern are recipients of any benefits under this
subparagraph at any one time;
(iii) no more than $2,500 shall be made available for any
one employee or potential employee;
(iv) the length of training or upgrading financed by this
subparagraph shall be no less than one month nor more
than six months;
(v) such concern has given adequate assurance it will
employ the trainee or upgraded employee for at least six
months after the training or upgrading financed by this
subparagraph has been completed and each trainee or up-
graded employee has provided a similar assurance to re-
main within the employ of such concern for such period; if
such concern, trainee, or upgraded employee breaches this
agreement, the Administration shall be entitled to and
shall make diligent efforts to obtain from the violating
party the repayment of all funds expended on behalf of the
violating party, such repayment shall be made to the Ad-
ministration together with such interest and costs of col-
lection as may be reasonable; the violating party shall be
barred from receiving any further assistance under this
subparagraph;
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(vi) the training to be financed may take place either at
such concern’s facilities or at those of the training pro-
vider; and
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81
(vii) such concern will maintain such records as the Ad-
ministration deems appropriate to ensure that the provi-
sions of this paragraph and any other applicable law have
not been violated.
(F)(i) The transfer of technology or surplus property owned
by the United States to such a concern. Activities designed to
effect such transfer shall be developed in cooperation with the
heads of Federal agencies and shall include the transfer by
grant, license, or sale of such technology or property to such a
concern. Such property may be transferred to Program Partici-
pants on a priority basis. Technology or property transferred
under this subparagraph shall be used by the concern during
the normal conduct of its business operation and shall not be
sold or transferred to any other party (other than the Govern-
ment) during such concern’s term of participation in the Pro-
gram and for one year thereafter.
(ii)(I) In this clause—
(aa) the term ‘‘covered period’’ means the 2-year pe-
riod beginning on the date on which the President de-
clared the applicable major disaster; and
(bb) the term ‘‘disaster area’’ means the area for
which the President has declared a major disaster,
during the covered period.
(II) The Administrator may transfer technology or sur-
plus property under clause (i) on a priority basis to a small
business concern located in a disaster area if—
(aa) the small business concern meets the require-
ments for such a transfer, without regard to whether
the small business concern is a Program Participant;
and
(bb) for a small business concern that is a Program
Participant, on and after the date on which the Presi-
dent declared the applicable major disaster, the small
business concern has not received property under this
subparagraph on the basis of the status of the small
business concern as a Program Participant.
(III) For any transfer of property under this clause to a
small business concern, the terms and conditions shall be
the same as a transfer to a Program Participant, except
that the small business concern shall agree not to sell or
transfer the property to any party other than the Federal
Government during the covered period.
(IV) A small business concern that receives a transfer of
property under this clause may not receive a transfer of
property under clause (i) during the covered period.
(V) If a small business concern sells or transfers prop-
erty in violation of the agreement described in subclause
(III), the Administrator may initiate proceedings to pro-
hibit the small business concern from receiving a transfer
of property under this clause or clause (i), in addition to
any other remedy available to the Administrator.
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(iii)(I) In this clause, the term ‘‘covered period’’means—
(aa) in the case of a Puerto Rico business, the period
beginning on August 13, 2018, and ending on the date
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82
on which the Oversight Board established under sec-
tion 2121 of title 48 terminates; and
(bb) in the case of a covered territory business, the
period beginning on the date of the enactment of this
item and ending on the date that is 4 years after such
date of enactment.
(II) The Administrator may transfer technology or surplus
property under clause (i) to a Puerto Rico business or a covered
territory business if either such business meets the require-
ments for such a transfer, without regard to whether either
such business is a Program Participant.
(G) Training assistance whereby the Administration shall
conduct training sessions to assist individuals and enterprises
eligible to receive contracts under section 8(a) in the develop-
ment of business principles and strategies to enhance their
ability to successfully compete for contracts in the marketplace.
(H) Joint ventures, leader-follower arrangements, and
teaming agreements between the Program Participant and
other Program Participants and other business concerns with
respect to contracting opportunities for the research, develop-
ment, full-scale engineering or production of major systems.
Such activities shall be undertaken on the basis of programs
developed by the agency responsible for the procurement of the
major system, with the assistance of the Administration.
(I) Transitional management business planning training and
technical assistance.
(J) Program Participants in the developmental stage of Pro-
gram participation shall be eligible for the assistance provided
by subparagraphs (A), (B), (C), (D), (E), (F), and (G).
(14) Program Participants in the transitional stage of Program
participation shall be eligible for the assistance provided by sub-
paragraphs (A), (B), (F), (G), (H), and (I) of paragraph (13).
(15) Subject to the provisions of paragraph (10)(C), a small busi-
ness concern may receive developmental assistance under the Pro-
gram and contracts under section 8(a) for a total period of not
longer than nine years, measured from the date of its certification
under the authority of such section, of which—
(A) no more than four years may be spent in the develop-
mental stage of Program Participation; and
(B) no more than five years may be spent in the transitional
stage of Program Participation.
(16)(A) The Administrator shall develop and implement a process
for the systematic collection of data on the operations of the Pro-
gram established pursuant to paragraph (10).
(B) Not later than April 30 of each year, the Administrator shall
submit a report to the Congress on the Program that shall include
the following:
(i) The average personal net worth of individuals who own
and control concerns that were initially certified for participa-
tion in the Program during the immediately preceding fiscal
year. The Administrator shall also indicate the dollar distribu-
tion of net worths, at $50,000 increments, of all such individ-
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uals found to be socially and economically disadvantaged. For
the first report required pursuant to this paragraph the Ad-
ministrator shall also provide the data specified in the pre-
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83
ceding sentence for all eligible individuals in the Program as
of the effective date of this paragraph.
(ii) A description and estimate of the benefits and costs that
have accrued to the economy and the Government in the imme-
diately preceding fiscal year due to the operations of those
business concerns that were performing contracts awarded
pursuant to section 8(a).
(iii) A compilation and evaluation of those business concerns
that have exited the Program during the immediately pre-
ceding three fiscal years. Such compilation and evaluation
shall detail the number of concerns actively engaged in busi-
ness operations, those that have ceased or substantially cur-
tailed such operations, including the reasons for such actions,
and those concerns that have been acquired by other firms or
organizations owned and controlled by other than socially and
economically disadvantaged individuals. For those businesses
that have continued operations after they exited from the Pro-
gram, the Administrator shall also separately detail the bene-
fits and costs that have accrued to the economy during the im-
mediately preceding fiscal year due to the operations of such
concerns.
(iv) A listing of all participants in the Program during the
preceding fiscal year identifying, by State and by Region, for
each firm: the name of the concern, the race or ethnicity, and
gender of the disadvantaged owners, the dollar value of all con-
tracts received in the preceding year, the dollar amount of ad-
vance payments received by each concern pursuant to contracts
awarded under section 8(a), and a description including (if ap-
propriate) an estimate of the dollar value of all benefits re-
ceived pursuant to paragraphs (13) and (14) and section
7(a)(20) during such year.
(v) The total dollar value of contracts and options awarded
during the preceding fiscal year pursuant to section 8(a) and
such amount expressed as a percentage of total sales of (I) all
firms participating in the Program during such year; and (II)
of firms in each of the nine years of program participation.
(vi) A description of such additional resources or program au-
thorities as may be required to provide the types of services
needed over the next two-year period to service the expected
portfolio of firms certified pursuant to section 8(a).
(vii) The total dollar value of contracts and options awarded
pursuant to section 8(a), at such dollar increments as the Ad-
ministrator deems appropriate, for each four digit standard in-
dustrial classification code under which such contracts and op-
tions were classified.
(C) The first report required by subparagraph (B) shall pertain
to fiscal year 1990.
(k) In carrying out its functions under subsections 7(i), 7(j), and
8(a) of this Act, the Administration is authorized—
(1) to utilize, with their consent, the services and facilities of
Federal agencies without reimbursement, and, with the con-
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sent of any State or political subdivision of a State, accept and
utilize the services and facilities of such State or subdivision
without reimbursement;
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84
(2) to accept, in the name of the Administration, and employ
or dispose of in furtherance of the purposes of this Act, any
money or property, real, personal, or mixed, tangible, or intan-
gible, received by gift, device, bequest, or otherwise;
(3) to accept voluntary and uncompensated services, notwith-
standing the provisions of section 3679(b) of the Revised Stat-
utes (31 U.S.C. 655(b)); and
(4) to employ experts and consultants or organizations there-
of as authorized by section 15 of the Administrative Expenses
Act of 1946 (5 U.S.C. 55a), except that no individual may be
employed under the authority of this subsection for more than
one hundred days in any fiscal year; to compensate individuals
so employed at rates not in excess of the daily equivalent of the
highest rate payable under section 5332 of title 5, United
States Code, including traveltime; and to allow them, while
away from their homes or regular places of business, travel ex-
penses (including per diem in lieu of subsistence) a authorized
by section 5 of such Act (5 U.S.C. 73b–2) for persons in the
Government service employed intermittently, while so em-
ployed: Provided, however, That contracts for such employment
may be renewed annually.
(l) SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘eligible intermediary’’—
(i) means a private, nonprofit entity that—
(I) seeks or has been awarded a loan from the
Administrator to make loans to small business
concerns under this subsection; and
(II) has not less than 1 year of experience mak-
ing loans to startup, newly established, or growing
small business concerns; and
(ii) includes—
(I) a private, nonprofit community development
corporation;
(II) a consortium of private, nonprofit organiza-
tions or nonprofit community development cor-
porations; and
(III) an agency of or nonprofit entity established
by a Native American Tribal Government; and
(B) the term ‘‘Program’’ means the small business inter-
mediary lending pilot program established under para-
graph (2).
(2) ESTABLISHMENT.—There is established a 3-year small
business intermediary lending pilot program, under which the
Administrator may make direct loans to eligible inter-
mediaries, for the purpose of making loans to startup, newly
established, and growing small business concerns.
(3) PURPOSES.—The purposes of the Program are—
(A) to assist small business concerns in areas suffering
from a lack of credit due to poor economic conditions or
changes in the financial market; and
(B) to establish a loan program under which the Admin-
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istrator may provide loans to eligible intermediaries to en-
able the eligible intermediaries to provide loans to startup,
newly established, and growing small business concerns
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85
for working capital, real estate, or the acquisition of mate-
rials, supplies, or equipment.
(4) LOANS TO ELIGIBLE INTERMEDIARIES.—
(A) APPLICATION.—Each eligible intermediary desiring a
loan under this subsection shall submit an application to
the Administrator that describes—
(i) the type of small business concerns to be assisted;
(ii) the size and range of loans to be made;
(iii) the interest rate and terms of loans to be made;
(iv) the geographic area to be served and the eco-
nomic, poverty, and unemployment characteristics of
the area;
(v) the status of small business concerns in the area
to be served and an analysis of the availability of cred-
it; and
(vi) the qualifications of the applicant to carry out
this subsection.
(B) LOAN LIMITS.—No loan may be made to an eligible
intermediary under this subsection if the total amount out-
standing and committed to the eligible intermediary by the
Administrator would, as a result of such loan, exceed
$1,000,000 during the participation of the eligible inter-
mediary in the Program.
(C) LOAN DURATION.—Loans made by the Administrator
under this subsection shall be for a term of 20 years.
(D) APPLICABLE INTEREST RATES.—Loans made by the
Administrator to an eligible intermediary under the Pro-
gram shall bear an annual interest rate equal to 1.00 per-
cent.
(E) FEES; COLLATERAL.—The Administrator may not
charge any fees or require collateral with respect to any
loan made to an eligible intermediary under this sub-
section.
(F) DELAYED PAYMENTS.—The Administrator shall not
require the repayment of principal or interest on a loan
made to an eligible intermediary under the Program dur-
ing the 2-year period beginning on the date of the initial
disbursement of funds under that loan.
(G) MAXIMUM PARTICIPANTS AND AMOUNTS.—During each
of fiscal years 2011, 2012, and 2013, the Administrator
may make loans under the Program—
(i) to not more than 20 eligible intermediaries; and
(ii) in a total amount of not more than $20,000,000.
(5) LOANS TO SMALL BUSINESS CONCERNS.—
(A) IN GENERAL.—The Administrator, through an eligible
intermediary, shall make loans to startup, newly estab-
lished, and growing small business concerns for working
capital, real estate, and the acquisition of materials, sup-
plies, furniture, fixtures, and equipment.
(B) MAXIMUM LOAN.—An eligible intermediary may not
make a loan under this subsection of more than $200,000
to any 1 small business concern.
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(C) APPLICABLE INTEREST RATES.—A loan made by an eli-
gible intermediary to a small business concern under this
subsection, may have a fixed or a variable interest rate,
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86
and shall bear an interest rate specified by the eligible
intermediary in the application of the eligible intermediary
for a loan under this subsection.
(D) REVIEW RESTRICTIONS.—The Administrator may not
review individual loans made by an eligible intermediary
to a small business concern before approval of the loan by
the eligible intermediary.
(6) TERMINATION.—The authority of the Administrator to
make loans under the Program shall terminate 3 years after
the date of enactment of the Small Business Job Creation and
Access to Capital Act of 2010.
(m) MICROLOAN PROGRAM.—
(1)(A) PURPOSES.—The purposes of the Microloan Program
are—
(i) to assist women, low-income, veteran (within the
meaning of such term under section 3(q)), and minority en-
trepreneurs and business owners and other individuals
possessing the capability to operate successful business
concerns;
(ii) to assist small business concerns in those areas suf-
fering from a lack of credit due to economic downturns;
(iii) to establish a microloan program to be administered
by the Small Business Administration—
(I) to make loans to eligible intermediaries to enable
such intermediaries to provide small-scale loans, par-
ticularly loans in amounts averaging not more than
$10,000, to startup, newly established, or growing
small business concerns for working capital or the ac-
quisition of materials, supplies, or equipment;
(II) to make grants to eligible intermediaries that,
together with non-Federal matching funds, will enable
such intermediaries to provide intensive marketing,
management, and technical assistance to microloan
borrowers;
(III) to make grants to eligible nonprofit entities
that, together with non-Federal matching funds, will
enable such entities to provide intensive marketing,
management, and technical assistance to assist low-in-
come entrepreneurs and other low-income individuals
obtain private sector financing for their businesses,
with or without loan guarantees; and
(IV) to report to the Committees on Small Business
of the Senate and the House of Representatives on the
effectiveness of the microloan program and the advis-
ability and feasibility of implementing such a program
nationwide; and
(iv) to establish a welfare-to-work microloan initiative,
which shall be administered by the Administration, in
order to test the feasibility of supplementing the technical
assistance grants provided under clauses (ii) and (iii) of
subparagraph (B) to individuals who are receiving assist-
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ance under the State program funded under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.), or
under any comparable State funded means tested program
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87
of assistance for low-income individuals, in order to ade-
quately assist those individuals in—
(I) establishing small businesses; and
(II) eliminating their dependence on that assistance.
(B) ESTABLISHMENT.—There is established a microloan pro-
gram, under which the Administration may—
(i) make direct loans to eligible intermediaries, as pro-
vided under paragraph (3), for the purpose of making
short-term, fixed interest rate microloans to startup, newly
established, and growing small business concerns under
paragraph (6);
(ii) in conjunction with such loans and subject to the re-
quirements of paragraph (4), make grants to such inter-
mediaries for the purpose of providing intensive mar-
keting, management, and technical assistance to small
business concerns that are borrowers under this sub-
section; and
(iii) subject to the requirements of paragraph (5), make
grants to nonprofit entities for the purpose of providing
marketing, management, and technical assistance to low-
income individuals seeking to start or enlarge their own
businesses, if such assistance includes working with the
grant recipient to secure loans in amounts not to exceed
$50,000 from private sector lending institutions, with or
without a loan guarantee from the nonprofit entity.
(2) ELIGIBILITY FOR PARTICIPATION.—An intermediary shall
be eligible to receive loans and grants under subparagraphs
(B)(i) and (B)(ii) of paragraph (1) if it—
(A) meets the definition in paragraph (10); and
(B) has at least 1 year of experience making microloans
to startup, newly established, or growing small business
concerns and providing, as an integral part of its microloan
program, intensive marketing, management, and technical
assistance to its borrowers.
(3) LOANS TO INTERMEDIARIES.—
(A) INTERMEDIARY APPLICATIONS.—(i) IN GENERAL.—As
part of its application for a loan, each intermediary shall
submit a description to the Administration of—
(I) the type of businesses to be assisted;
(II) the size and range of loans to be made;
(III) the geographic area to be served and its eco-
nomic, proverty, and unemployment characteristics;
(IV) the status of small business concerns in the
area to be served and an analysis of their credit and
technical assistance needs;
(V) any marketing, management, and technical as-
sistance to be provided in connection with a loan made
under this subsection;
(VI) the local economic credit markets, including the
costs associated with obtaining credit locally;
(VII) the qualifications of the applicant to carry out
the purpose of this subsection; and
rfrederick on DSKBCBPHB2PROD with HEARING
(VIII) any plan to involve other technical assistance
providers (such as counselors from the øService Corps
of Retired Executives¿ SCORE program or small busi-
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88
ness development centers) or private sector lenders in
assisting selected business concerns.
(ii) SELECTION OF INTERMEDIARIES.—In selecting inter-
mediaries to participate in the program established under
this subsection, the Administration shall give priority to
those applicants that provide loans in amounts averaging
not more than $10,000.
(B) INTERMEDIARY CONTRIBUTION.—As a condition of any
loan made to an intermediary under subparagraph (B)(i) of
paragraph (1), the Administrator shall require the inter-
mediary to contribute not less than 15 percent of the loan
amount in cash from non-Federal sources.
(C) LOAN LIMITS.—Notwithstanding subsection (a)(3), no
loan shall be made under this subsection if the total
amount outstanding and committed to one intermediary
(excluding outstanding grants) from the business loan and
investment fund established by this Act would, as a result
of such loan, exceed $750,000 in the first year of such
intermediary’s participation in the program, $7,000,000 (in
the aggregate) in the remaining years of the
intermediary’s participation in the program, and
$3,000,000 in any of those remaining years.
(D)(i) IN GENERAL.—The Administrator shall, by regula-
tion, require each intermediary to establish a loan loss re-
serve fund, and to maintain such reserve fund until all ob-
ligations owed to the Administration under this subsection
are repaid.
(ii) LEVEL OF LOAN LOSS RESERVE FUND.—
(I) IN GENERAL.—Subject to subclause (III), the Ad-
ministrator shall require the loan loss reserve fund of
an intermediary to be maintained at a level equal to
15 percent of the outstanding balance of the notes re-
ceivable owed to the intermediary.
(II) REVIEW OF LOAN LOSS RESERVE.—After the ini-
tial 5 years of an intermediary’s participation in the
program authorized by this subsection, the Adminis-
trator shall, at the request of the intermediary, con-
duct a review of the annual loss rate of the inter-
mediary. Any intermediary in operation under this
subsection prior to October 1, 1994, that requests a re-
duction in its loan loss reserve shall be reviewed based
on the most recent 5-year period preceding the re-
quest.
(III) REDUCTION OF LOAN LOSS RESERVE.—Subject to
the requirements of clause IV, the Administrator may
reduce the annual loan loss reserve requirement of an
intermediary to reflect the actual average loan loss
rate for the intermediary during the preceding 5-year
period, except that in no case shall the loan loss re-
serve be reduced to less than 10 percent of the out-
standing balance of the notes receivable owed to the
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intermediary.
(IV) REQUIREMENTS.—The Administrator may re-
duce the annual loan loss reserve requirement of an
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89
intermediary only if the intermediary demonstrates to
the satisfaction of the Administrator that—
(aa) the average annual loss rate for the inter-
mediary during the preceding 5-year period is less
than 15 percent; and
(bb) that no other factors exist that may impair
the ability of the intermediary to repay all obliga-
tions owed to the Administration under this sub-
section.
(E) UNAVAILABILITY OF COMPARABLE CREDIT.—An inter-
mediary may make a loan under this subsection of more
than $20,000 to a small business concern only if such
small business concern demonstrates that it is unable to
obtain credit elsewhere at comparable interest rates and
that it has good prospects for success. In no case shall an
intermediary make a loan under this subsection of more
than $50,000, or have outstanding or committed to any 1
borrower more than $50,000.
(F) LOAN DURATION; INTEREST RATES.—
(i) LOAN DURATION.—Loans made by the Adminis-
tration under this subsection shall be for a term of 10
years.
(ii) APPLICABLE INTEREST RATES.—Except as pro-
vided in clause (iii), loans made by the Administration
under this subsection to an intermediary shall bear an
interest rate equal to 1.25 percentage points below the
rate determined by the Secretary of the Treasury for
obligations of the United States with a period of matu-
rity of 5 years, adjusted to the nearest one-eighth of
1 percent.
(iii) RATES APPLICABLE TO CERTAIN SMALL LOANS.—
Loans made by the Administration to an intermediary
that makes loans to small business concerns and en-
trepreneurs averaging not more than $7,500, shall
bear an interest rate that is 2 percentage points below
the rate determined by the Secretary of the Treasury
for obligations of the United States with a period of
maturity of 5 years, adjusted to the nearest one-eighth
of 1 percent.
(iv) RATES APPLICABLE TO MULTIPLE SITES OR OF-
FICES.—The interest rate prescribed in clause (ii) or
(iii) shall apply to each separate loan-making site or
office of 1 intermediary only if such site or office meets
the requirements of that clause.
(v) RATE BASIS.—The applicable rate of interest
under this paragraph shall—
(I) be applied retroactively for the first year of
an intermediary’s participation in the program,
based upon the actual lending practices of the
intermediary as determined by the Administration
prior to the end of such year; and
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(II) be based in the second and subsequent
years of an intermediary’s participation in the
program, upon the actual lending practices of the
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90
intermediary during the term of the
intermediary’s participation in the program.
(vii) COVERED INTERMEDIARIES.—The interest rates
prescribed in this subparagraph shall apply to all
loans made to intermediaries under this subsection on
or after October 28, 1991.
(G) DELAYED PAYMENTS.—The Administration shall not
require repayment of interest or principal of a loan made
to an intermediary under this subsection during the first
year of the loan.
(H) FEES; COLLATERAL.—Except as provided in subpara-
graphs (B) and (D), the Administration shall not charge
any fees or require collateral other than an assignment of
the notes receivable of the microloans with respect to any
loan made to an intermediary under this subsection.
(4) MARKETING, MANAGEMENT AND TECHNICAL ASSISTANCE
GRANTS TO INTERMEDIARIES.—Grants made in accordance with
subparagraph (B)(ii) of paragraph (1) shall be subject to the
following requirements:
(A) GRANT AMOUNTS.—Except as otherwise provided in
subparagraphs (C) and (G) and subject to subparagraph
(B), each intermediary that receives a loan under subpara-
graph (B)(i) of paragraph (1) shall be eligible to receive a
grant to provide marketing, management, and technical
assistance to small business concerns that are borrowers
under this subsection. Except as provided in subpara-
graphs (C) and (G), each intermediary meeting the require-
ments of subparagraph (B) may receive a grant of not
more than 25 percent of the total outstanding balance of
loans made to it under this subsection.
(B) CONTRIBUTION.—As a condition of a grant made
under subparagraph (A), the Administrator shall require
the intermediary to contribute an amount equal to 25 per-
cent of the amount of the grant, obtained solely from non-
Federal sources. In addition to cash or other direct fund-
ing, the contribution may include indirect costs or in-kind
contributions paid for under non-Federal programs.
(C) ADDITIONAL TECHNICAL ASSISTANCE GRANTS FOR MAK-
ING CERTAIN LOANS.—
(i) IN GENERAL.—In addition to grants made under
subparagraph (A) or (G), each intermediary shall be
eligible to receive a grant equal to 5 percent of the
total outstanding balance of loans made to the inter-
mediary under this subsection if—
(I) the intermediary provides not less than 25
percent of its loans to small business concerns lo-
cated in or owned by 1 or more residents of an
economically distressed area; or
(II) the intermediary has a portfolio of loans
made under this subsection—
rfrederick on DSKBCBPHB2PROD with HEARING
(aa) that averages not more than $10,000
during the period of the intermediary’s par-
ticipation in the program; or
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91
(bb) of which not less than 25 percent is
serving rural areas during the period of the
intermediary’s participation in the program.
(ii) PURPOSES.—A grant awarded under clause (i)
may be used to provide marketing, management, and
technical assistance to small business concerns that
are borrowers under this subsection.
(iii) CONTRIBUTION EXCEPTION.—The contribution re-
quirements in subparagraph (B) do not apply to grants
made under this subparagraph.
(D) ELIGIBILITY FOR MULTIPLE SITES OR OFFICES.—The
eligibility for a grant described in subparagraph (A), or (C)
shall be determined separately for each loan-making site
or office of 1 intermediary.
(E) ASSISTANCE TO CERTAIN SMALL BUSINESS CON-
CERNS.—
(i) IN GENERAL.—Each intermediary may expend an
amount not to exceed 50 percent of the grant funds re-
ceived under paragraph (1)(B)(ii) to provide informa-
tion and technical assistance to small business con-
cerns that are prospective borrowers under this sub-
section.
(ii) TECHNICAL ASSISTANCE.—An intermediary may
expend not more than 50 percent of the funds received
under paragraph (1)(B)(ii) to enter into third party
contracts for the provision of technical assistance.
(F) SUPPLEMENTAL GRANT.—
(i) IN GENERAL.—The Administration may accept
any funds transferred to the Administration from
other departments or agencies of the Federal Govern-
ment to make grants in accordance with this subpara-
graph and section 202(b) of the Small Business Reau-
thorization Act of 1997 to participating intermediaries
and technical assistance providers under paragraph
(5), for use in accordance with clause (iii) to provide
additional technical assistance and related services to
recipients of assistance under a State program de-
scribed in paragraph (1)(A)(iv) at the time they ini-
tially apply for assistance under this subparagraph.
(ii) ELIGIBLE RECIPIENTS; GRANT AMOUNTS.—In mak-
ing grants under this subparagraph, the Administra-
tion may select, from among participating inter-
mediaries and technical assistance providers described
in clause (i), not more than 20 grantees in fiscal year
1998, not more than 25 grantees in fiscal year 1999,
and not more than 30 grantees in fiscal year 2000,
each of whom may receive a grant under this subpara-
graph in an amount not to exceed $200,000 per year.
(iii) USE OF GRANT AMOUNTS.—Grants under this
subparagraph—
(I) are in addition to other grants provided
under this subsection and shall not require the
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contribution of matching amounts as a condition
of eligibility; and
(II) may be used by a grantee—
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92
(aa) to pay or reimburse a portion of child
care and transportation costs of recipients of
assistance described in clause (i), to the ex-
tent such costs are not otherwise paid by
State block grants under the Child Care De-
velopment Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) or under part A of title IV of the
Social Security Act (42 U.S.C. 601 et seq.);
and
(bb) for marketing, management, and tech-
nical assistance to recipients of assistance de-
scribed in clause (i).
(iv) MEMORANDUM OF UNDERSTANDING.—Prior to ac-
cepting any transfer of funds under clause (i) from a
department or agency of the Federal Government, the
Administration shall enter into a Memorandum of Un-
derstanding with the department or agency, which
shall—
(I) specify the terms and conditions of the
grants under this subparagraph; and
(II) provide for appropriate monitoring of ex-
penditures by each grantee under this subpara-
graph and each recipient of assistance described
in clause (i) who receives assistance from a grant-
ee under this subparagraph, in order to ensure
compliance with this subparagraph by those
grantees and recipients of assistance.
(G) GRANT AMOUNTS BASED ON APPROPRIATIONS.—In any
fiscal year in which the amount appropriated to make
grants under subparagraph (A) is sufficient to provide to
each intermediary that receives a loan under paragraph
(1)(B)(i) a grant of not less than 25 percent of the total out-
standing balance of loans made to the intermediary under
this subsection, the Administration shall make a grant
under subparagraph (A) to each intermediary of not less
than 25 percent and not more than 30 percent of that total
outstanding balance for the intermediary.
(5) PRIVATE SECTOR BORROWING TECHNICAL ASSISTANCE
GRANTS.—Grants made in accordance with subparagraph
(B)(iii) of paragraph (1) shall be subject to the following re-
quirements:
(A) GRANT AMOUNTS.—Subject to the requirements of
subparagraph (B), the Administration may make not more
than 55 grants annually, each in amounts not to exceed
$200,000 for the purposes specified in subparagraph
(B)(iii) of paragraph (1).
(B) CONTRIBUTION.—As a condition of any grant made
under subparagraph (A), the Administration shall require
the grant recipient to contribute an amount equal to 20
percent of the amount of the grant, obtained solely from
non-Federal sources. In addition to cash or other direct
funding, the contribution may include indirect costs or in-
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kind contributions paid for under non-Federal programs.
(6) LOANS TO SMALL BUSINESS CONCERNS FROM ELIGIBLE
INTERMEDIARIES.—
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93
(A) IN GENERAL.—An eligible intermediary shall make
short-term, fixed rate loans to startup, newly established,
and growing small business concerns from the funds made
available to it under subparagraph (B)(i) of paragraph (1)
for working capital and the acquisition of materials, sup-
plies, furniture, fixtures, and equipment.
(B) PORTFOLIO REQUIREMENT.—To the extent practicable,
each intermediary that operates a microloan program
under this subsection shall maintain a microloan portfolio
with an average loan size of not more than $15,000.
(C) INTEREST LIMIT.—Notwithstanding any provision of
the laws of any State or the constitution of any State per-
taining to the rate or amount of interest that may be
charged, taken, received, or reserved on a loan, the max-
imum rate of interest to be charged on a microloan funded
under this subsection shall not exceed the rate of interest
applicable to a loan made to an intermediary by the Ad-
ministration—
(i) in the case of a loan of more than $7,500 made
by the intermediary to a small business concern or en-
trepreneur by more than 7.75 percentage points; and
(ii) in the case of a loan of not more than $7,500
made by the intermediary to a small business concern
or entrepreneur by more than 8.5 percentage points.
(D) REVIEW RESTRICTION.—The Administration shall not
review individual microloans made by intermediaries prior
to approval.
(E) ESTABLISHMENT OF CHILD CARE OR TRANSPORTATION
BUSINESSES.—In addition to other eligible small businesses
concerns, borrowers under any program under this sub-
section may include individuals who will use the loan pro-
ceeds to establish for-profit or nonprofit child care estab-
lishments or businesses providing for-profit transportation
services.
(7) PROGRAM FUNDING FOR MICROLOANS.—
(A) NUMBER OF PARTICIPANTS.—Under the program au-
thorized by this subsection, the Administration may fund,
on a competitive basis, not more than 300 intermediaries.
(B) ALLOCATION.—
(i) MINIMUM ALLOCATION.—Subject to the avail-
ability of appropriations, of the total amount of new
loan funds made available for award under this sub-
section in each fiscal year, the Administration shall
make available for award in each State (including the
District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, and
American Samoa) an amount equal to the sum of—
(I) the lesser of—
(aa) $800,000; or
(bb) 1⁄55 of the total amount of new loan
funds made available for award under this
rfrederick on DSKBCBPHB2PROD with HEARING
subsection for that fiscal year; and
(II) any additional amount, as determined by
the Administration.
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94
(ii) REDISTRIBUTION.—If, at the beginning of the
third quarter of a fiscal year, the Administration de-
termines that any portion of the amount made avail-
able to carry out this subsection is unlikely to be made
available under clause (i) during that fiscal year, the
Administration may make that portion available for
award in any one or more States (including the Dis-
trict of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, and Amer-
ican Samoa) without regard to clause (i).
(8) EQUITABLE DISTRIBUTION OF INTERMEDIARIES.—In approv-
ing microloan program applicants and providing funding to
intermediaries under this subsection, the Administration shall
select and provide funding to such intermediaries as will en-
sure appropriate availability of loans for small businesses in
all industries located throughout each State, particularly those
located in urban and in rural areas.
(9) GRANTS FOR MANAGEMENT, MARKETING, TECHNICAL AS-
SISTANCE, AND RELATED SERVICES.—
(A) IN GENERAL.—The Administration may procure tech-
nical assistance for intermediaries participating in the
Microloan Program to ensure that such intermediaries
have the knowledge, skills, and understanding of micro-
lending practices necessary to operate successful microloan
programs.
(B) ASSISTANCE AMOUNT.—The Administration shall
transfer 7 percent of its annual appropriation for loans and
loan guarantees under this subsection to the Administra-
tion’s Salaries and Expense Account for the specific pur-
pose of providing 1 or more technical assistance grants to
experienced microlending organizations and national and
regional nonprofit organizations that have demonstrated
experience in providing training support for microenter-
prise development and financing. to achieve the purpose
set forth in subparagraph (A).
(C) WELFARE-TO-WORK MICROLOAN INITIATIVE.—Of
amounts made available to carry out the welfare-to-work
microloan initiative under paragraph (1)(A)(iv) in any fis-
cal year, the Administration may use not more than 5 per-
cent to provide technical assistance, either directly or
through contractors, to welfare-to-work microloan initia-
tive grantees, to ensure that, as grantees, they have the
knowledge, skills, and understanding of microlending and
welfare-to-work transition, and other related issues, to op-
erate a successful welfare-to-work microloan initiative.
(10) REPORT TO CONGRESS.—On November 1, 1995, the Ad-
ministration shall submit to the Committees on Small Busi-
ness of the Senate and the House of Representatives a report,
including the Administration’s evaluation of the effectiveness
of the first 31⁄2 years of the microloan program and the fol-
lowing:
(A) the numbers and locations of the intermediaries
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funded to conduct microloan programs;
(B) the amounts of each loan and each grant to inter-
mediaries;
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95
(C) a description of the matching contributions of each
intermediary;
(D) the numbers and amounts of microloans made by the
intermediaries to small business concern borrowers;
(E) the repayment history of each intermediary;
(F) a description of the loan portfolio of each inter-
mediary including the extent to which it provides
microloans to small business concerns in rural areas; and
(G) any recommendations for legislative changes that
would improve program operations.
(11) DEFINITIONS.—For purposes of this subsection—
(A) the term ‘‘intermediary’’ means—
(i) a private, nonprofit entity;
(ii) a private, nonprofit community development cor-
poration;
(iii) a consortium of private, nonprofit organizations
or nonprofit community development corporations;
(iv) a quasi-governmental economic development en-
tity (such as a planning and development district),
other than a State, county, municipal government, or
any agency thereof, if—
(I) no application is received from an eligible
nonprofit organization; or
(II) the Administration determines that the
needs of a region or geographic area are not ade-
quately served by an existing, eligible nonprofit
organization that has submitted an application; or
(v) an agency of or nonprofit entity established by a
Native American Tribal Government,
that seeks to borrow or has borrowed funds from the Ad-
ministration to make microloans to small business con-
cerns under this subsection;
(B) the term ‘‘microloan’’ means a short-term, fixed rate
loan of not more than $50,000, made by an intermediary
to a startup, newly established, or growing small business
concern;
(C) the term ‘‘rural area’’ means any political subdivision
or unincorporated area—
(i) in a nonmetropolitan county (as defined by the
Secretary of Agriculture) or its equivalent thereof; or
(ii) in a metropolitan county or its equivalent that
has a resident population of less than 20,000 if the
Small Business Administration has determined such
political subdivision or area to be rural.
(D) the term ‘‘economically distressed area’’, as used in
paragraph (4), means a county or equivalent division of
local government of a State in which the small business
concern is located, in which, according to the most recent
data available from the Bureau of the Census, Department
of Commerce, not less than 40 percent of residents have an
annual income that is at or below the poverty level.
(12) DEFERRED PARTICIPATION LOAN PILOT.—In lieu of mak-
rfrederick on DSKBCBPHB2PROD with HEARING
ing direct loans to intermediaries as authorized in paragraph
(1)(B), during fiscal years 1998 through 2000, the Administra-
tion may, on a pilot program basis, participate on a deferred
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96
basis of not less than 90 percent and not more than 100 per-
cent on loans made to intermediaries by a for-profit or non-
profit entity or by alliances of such entities, subject to the fol-
lowing conditions:
(A) NUMBER OF LOANS.—In carrying out this paragraph,
the Administration shall not participate in providing fi-
nancing on a deferred basis to more than 10 inter-
mediaries in urban areas or more than 10 intermediaries
in rural areas.
(B) TERM OF LOANS.—The term of each loan shall be 10
years. During the first year of the loan, the intermediary
shall not be required to repay any interest or principal.
During the second through fifth years of the loan, the
intermediary shall be required to pay interest only. During
the sixth through tenth years of the loan, the intermediary
shall be required to make interest payments and fully am-
ortize the principal.
(C) INTEREST RATE.—The interest rate on each loan shall
be the rate specified by paragraph (3)(F) for direct loans.
(13) EVALUATION OF WELFARE-TO-WORK MICROLOAN INITIA-
TIVE.—On January 31, 1999, and annually thereafter, the Ad-
ministration shall submit to the Committees on Small Busi-
ness of the House of Representatives and the Senate a report
on any monies distributed pursuant to paragraph (4)(F).
(n) REPAYMENT DEFERRED FOR ACTIVE SERVICE RESERVISTS.—
(1) DEFINITIONS.—In this subsection:
(A) ACTIVE SERVICE.—The term ‘‘active service’’ has the
meaning given that term in section 101(d)(3) of title 10,
United States Code.
(B) ELIGIBLE RESERVIST.—The term ‘‘eligible reservist’’
means a member of a reserve component of the Armed
Forces ordered to perform active service for a period of
more than 30 consecutive days.
(C) ESSENTIAL EMPLOYEE.—The term ‘‘essential em-
ployee’’ means an individual who is employed by a small
business concern and whose managerial or technical exper-
tise is critical to the successful day-to-day operations of
that small business concern.
(D) QUALIFIED BORROWER.—The term ‘‘qualified bor-
rower’’ means—
(i) an individual who is an eligible reservist and who
received a direct loan under subsection (a) or (b) before
being ordered to active service; or
(ii) a small business concern that received a direct
loan under subsection (a) or (b) before an eligible re-
servist, who is an essential employee, was ordered to
active service.
(2) DEFERRAL OF DIRECT LOANS.—
(A) IN GENERAL.—The Administration shall, upon writ-
ten request, defer repayment of principal and interest due
on a direct loan made under subsection (a) or (b), if such
loan was incurred by a qualified borrower.
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(B) PERIOD OF DEFERRAL.—The period of deferral for re-
payment under this paragraph shall begin on the date on
which the eligible reservist is ordered to active service and
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97
shall terminate on the date that is 180 days after the date
such eligible reservist is discharged or released from active
service.
(C) INTEREST RATE REDUCTION DURING DEFERRAL.—Not-
withstanding any other provision of law, during the period
of deferral described in subparagraph (B), the Administra-
tion may, in its discretion, reduce the interest rate on any
loan qualifying for a deferral under this paragraph.
(3) DEFERRAL OF LOAN GUARANTEES AND OTHER
FINANCINGS.—The Administration shall—
(A) encourage intermediaries participating in the pro-
gram under subsection (m) to defer repayment of a loan
made with proceeds made available under that subsection,
if such loan was incurred by a small business concern that
is eligible to apply for assistance under subsection (b)(3);
and
(B) not later than 30 days after the date of the enact-
ment of this subsection, establish guidelines to—
(i) encourage lenders and other intermediaries to
defer repayment of, or provide other relief relating to,
loan guarantees under subsection (a) and financings
under section 504 of the Small Business Investment
Act of 1958 that were incurred by small business con-
cerns that are eligible to apply for assistance under
subsection (b)(3), and loan guarantees provided under
subsection (m) if the intermediary provides relief to a
small business concern under this paragraph; and
(ii) implement a program to provide for the deferral
of repayment or other relief to any intermediary pro-
viding relief to a small business borrower under this
paragraph.
* * * * * * *
SEC. 8. (a)(1) It shall be the duty of the Administration and it
is hereby empowered, whenever it determines such action is nec-
essary or appropriate—
(A) to enter into contracts with the United States Govern-
ment and any department, agency, or officer thereof having
procurement powers obligating the Administration to furnish
articles, equipment, supplies, services, or materials to the Gov-
ernment or to perform construction work for the Government.
In any case in which the Administration certifies to any officer
of the Government having procurement powers that the Ad-
ministration is competent and responsible to perform any spe-
cific Government procurement contract to be let by any such
officer, such officer shall be authorized in his discretion to let
such procurement contract to the Administration upon such
terms and conditions as may be agreed upon between the Ad-
ministration and the procurement officer. Whenever the Ad-
ministration and such procurement officer fail to agree, the
matter shall be submitted for determination to the Secretary
or the head of the appropriate department or agency by the
Administrator. Not later than 5 days from the date the Admin-
rfrederick on DSKBCBPHB2PROD with HEARING
istration is notified of a procurement officer’s adverse decision,
the Administration may notify the contracting officer of the in-
tent to appeal such adverse decision, and within 15 days of
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98
such date the Administrator shall file a written request for a
reconsideration of the adverse decision with the Secretary of
the department or agency head. For the purposes of this sub-
paragraph, a procurement officer’s adverse decision includes a
decision not to make available for award pursuant to this sub-
section a particular procurement requirement or the failure to
agree on the terms and conditions of a contract to be awarded
noncompetitively under the authority of this subsection. Upon
receipt of the notice of intent to appeal, the Secretary of the
department or the agency head shall suspend further action re-
garding the procurement until a written decision on the Ad-
ministrator’s request for reconsideration has been issued by
such Secretary or agency head, unless such officer makes a
written determination that urgent and compelling cir-
cumstances which significantly affect interests of the United
States will not permit waiting for a reconsideration of the ad-
verse decision. If the Administrator’s request for reconsider-
ation is denied, the Secretary of the department or agency
head shall specify the reasons why the selected firm was deter-
mined to be incapable to perform the procurement require-
ment, and the findings supporting such determination, which
shall be made a part of the contract file for the requirement.
A contract may not be awarded under this subsection if the
award of the contract would result in a cost to the awarding
agency which exceeds a fair market price;
(B) to arrange for the performance of such procurement con-
tracts by negotiating or otherwise letting subcontracts to so-
cially and economically disadvantaged small business concerns
for construction work, services, or the manufacture, supply, as-
sembly of such articles, equipment, supplies, materials, or
parts thereof, or servicing or processing in connection there-
with, or such management services as may be necessary to en-
able the Administration to perform such contracts;
(C) to make an award to a small business concern owned
and controlled by socially and economically disadvantaged
individuals which has completed its period of Program
Participation as prescribed by section 7(j)(15), if—
(i) the contract will be awarded as a result of an
offer (including price) submitted in response to a pub-
lished solicitation relating to a competition conducted
pursuant to subparagraph (D); and
(ii) the prospective contract awardee was a Program
Participant eligible for award of the contract on the
date specified for receipt of offers contained in the con-
tract solicitation; and
(D)(i) A contract opportunity offered for award pursuant to
this subsection shall be awarded on the basis of competition re-
stricted to eligible Program Participants if—
(I) there is a reasonable expectation that at least two eli-
gible Program Participants will submit offers and that
award can be made at a fair market price, and
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(II) the anticipated award price of the contract (including
options) will exceed $7,000,000 in the case of a contract op-
portunity assigned a standard industrial classification code
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99
for manufacturing and $3,000,000 (including options) in
the case of all other contract opportunities.
(ii) The Associate Administrator for Minority Small Business
and Capital Ownership Development, on a nondelegable basis,
is authorized to approve a request from an agency to award a
contract opportunity under this subsection on the basis of a
competition restricted to eligible Program Participants even if
the anticipated award price is not expected to exceed the dollar
amounts specified in clause (i)(II). Such approvals shall be
granted only on a limited basis.
(2) Notwithstanding subsections (a) and (c) of the first section of
the Act entitled ‘‘An Act requiring contracts for the construction, al-
teration, and repair of any public building or public work of the
United States to be accompanied by a performance bond protecting
the United States and by additional bond for the protection of per-
sons furnishing material and labor for the construction, alteration,
or repair of said public buildings or public work,’’ approved August
24, 1935 (49 Stat. 793), no small business concern shall be required
to provide any amount of any bond as a condition or receiving any
subcontract under this subsection if the Administrator determines
that such amount is inappropriate for such concern in performing
such contract: Provided, That the Administrator shall exercise the
authority granted by the paragraph only if—
(A) the Administration takes such measures as it deems ap-
propriate for the protection of persons furnishing materials and
labor to a small business receiving any benefit pursuant to this
paragraph;
(B) the Administration assists, insofar as practicable, a small
business receiving the benefits of this paragraph to develop,
within a reasonable period of time, such financial and other ca-
pability as may be needed to obtain such bonds as the Admin-
istration may subsequently require for the successful comple-
tion of any program conducted under the authority of this sub-
section;
(C) the Administration finds that such small business is un-
able to obtain the requisite bond or bonds from a surety and
that no surety is willing to issue such bond or bonds subject
to the guarantee provisions of Title IV of the Small Business
Investment Act of 1958; and
(D) that small business is determined to be a start-up con-
cern and such concern has not been participating in any pro-
gram conducted under the authority of this subsection for a pe-
riod exceeding one year.
The authority to waive bonds provided in this paragraph (2) may
not be exercised after September 30, 1988.
(3)(A) Any Program Participant selected by the Administration to
perform a contract to be let noncompetitively pursuant to this sub-
section shall, when practicable, participate in any negotiation of
the terms and conditions of such contract.
(B)(i) For purposes of paragraph (1) a ‘‘fair market price’’ shall
be determined by the agency offering the procurement requirement
to the Administration, in accordance with clauses (ii) and (iii).
rfrederick on DSKBCBPHB2PROD with HEARING
(ii) The estimate of a current fair market price for a new procure-
ment requirement, or a requirement that does not have a satisfac-
tory procurement history, shall be derived from a price or cost
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100
analysis. Such analysis may take into account prevailing market
conditions, commercial prices for similar products or services, or
data obtained from any other agency. Such analysis shall consider
such cost or pricing data as may be timely submitted by the Ad-
ministration.
(iii) The estimate of a current fair market price for a procure-
ment requirement that has a satisfactory procurement history shall
be based on recent award prices adjusted to insure comparability.
Such adjustments shall take into account differences in quantities,
performance times, plans, specifications, transportation costs, pack-
aging and packing costs, labor and materials costs, overhead costs,
and any other additional costs which may be deemed appropriate.
(C) An agency offering a procurement requirement for potential
award pursuant to this subsection shall, upon the request of the
Administration, promptly submit to the Administration a written
statement detailing the method used by the agency to estimate the
current fair market price for such contract, identifying the informa-
tion, studies, analyses, and other data used by such agency. The
agency’s estimate of the current fair market price (and any sup-
porting data furnished to the Administration) shall not be disclosed
to any potential offeror (other than the Administration).
(D) A small business concern selected by the Administration to
perform or negotiate a contract to be let pursuant to this sub-
section may request the Administration to protest the agency’s esti-
mate of the fair market price for such contract pursuant to para-
graph (1)(A).
(4)(A) For purposes of this section, the term ‘‘socially and eco-
nomically disadvantaged small business concern’’ means any small
business concern which meets the requirements of subparagraph
(B) and—
(i) which is at least 51 per centum unconditionally owned
by—
(I) one or more socially and economically disadvantaged
individuals,
(II) an economically disadvantaged Indian tribe (or a
wholly owned business entity of such tribe), or
(III) an economically disadvantaged Native Hawaiian or-
ganization, or
(ii) in the case of any publicly owned business, at least 51
per centum of the stock of which is unconditionally owned by—
(I) one or more socially and economically disadvantaged
individuals,
(II) an economically disadvantaged Indian tribe (or a
wholly owned business entity of such tribe), or
(III) an economically disadvantaged Native Hawaiian or-
ganization.
(B) A small business concern meets the requirements of this sub-
paragraph if the management and daily business operations of
such small business concern are controlled by one or more—
(i) socially and economically disadvantaged individuals de-
scribed in subparagraph (A)(i)(I) or subparagraph (A)(ii)(I),
rfrederick on DSKBCBPHB2PROD with HEARING
(ii) members of an economically disadvantaged Indian tribe
described in subparagraph (A)(i)(II) or subparagraph (A)(ii)(II),
or
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101
(iii) Native Hawaiian organizations described in subpara-
graph (A)(i)(III) or subparagraph (A)(ii)(III).
(C) Each Program Participant shall certify, on an annual basis,
that it meets the requirements of this paragraph regarding owner-
ship and control.
(5) Socially disadvantaged individuals are those who have been
subjected to racial or ethnic prejudice or cultural bias because of
their identity as a member of a group without regard to their indi-
vidual qualities.
(6)(A) Economically disadvantaged individuals are those socially
disadvantaged individuals whose ability to compete in the free en-
terprise system has been impaired due to diminished capital and
credit opportunities as compared to others in the same business
area who are not socially disadvantaged. In determining the degree
of diminished credit and capital opportunities the Administration
shall consider, but not be limited to, the assets and net worth of
such socially disadvantaged individual. In determining the eco-
nomic disadvantage of an Indian tribe, the Administration shall
consider, where available, information such as the following: the
per capita income of members of the tribe excluding judgment
awards, the percentage of the local Indian population below the
poverty level, and the tribe’s access to capital markets.
(B) Each Program Participant shall annually submit to the Ad-
ministration—
(i) a personal financial statement for each disadvantaged
owner;
(ii) a record of all payments made by the Program Partici-
pant to each of its disadvantaged owners or to any person or
entity affiliated with such owners; and
(iii) such other information as the Administration may deem
necessary to make the determinations required by this para-
graph.
(C)(i) Whenever, on the basis of information provided by a Pro-
gram Participant pursuant to subparagraph (B) or otherwise, the
Administration has reason to believe that the standards to estab-
lish economic disadvantage pursuant to subparagraph (A) have not
been met, the Administration shall conduct a review to determine
whether such Program Participant and its disadvantaged owners
continue to be impaired in their ability to compete in the free en-
terprise system due to diminished capital and credit opportunities
when compared to other concerns in the same business area, which
are not socially disadvantaged.
(ii) If the Administration determines, pursuant to such review,
that a Program Participant and its disadvantaged owners are no
longer economically disadvantaged for the purpose of receiving as-
sistance under this subsection, the Program Participant shall be
graduated pursuant to section 7(j)(10)(G) subject to the right to a
hearing as provided for under paragraph (9).
(D)(i) Whenever, on the basis of information provided by a Pro-
gram Participant pursuant to subparagraph (B) or otherwise, the
Administration has reason to believe that the amount of funds or
other assets withdrawn from a Program Participant for the per-
rfrederick on DSKBCBPHB2PROD with HEARING
sonal benefit of its disadvantaged owners or any person or entity
affiliated with such owners may have been unduly excessive, the
Administration shall conduct a review to determine whether such
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102
withdrawal of funds or other assets was detrimental to the achieve-
ment of the targets, objectives, and goals contained in such Pro-
gram Participant’s business plan.
(ii) If the Administration determines, pursuant to such review,
that funds or other assets have been withdrawn to the detriment
of the Program Participant’s business, the Administration shall—
(I) initiate a proceeding to terminate the Program Partici-
pant pursuant to section 7(j)(10)(F), subject to the right to a
hearing under paragraph (9); or
(II) require an appropriate reinvestment of funds or other as-
sets and such other steps as the Administration may deem nec-
essary to ensure the protection of the concern.
(E) Whenever the Administration computes personal net worth
for any purpose under this paragraph, it shall exclude from such
computation—
(i) the value of investments that disadvantaged owners have
in their concerns, except that such value shall be taken into ac-
count under this paragraph when comparing such concerns to
other concerns in the same business area that are owned by
other than socially disadvantaged persons;
(ii) the equity that disadvantaged owners have in their pri-
mary personal residences, except that any portion of such eq-
uity that is attributable to unduly excessive withdrawals from
a Program Participant or a concern applying for program par-
ticipation shall be taken into account.
(7)(A) No small business concern shall be deemed eligible for any
assistance pursuant to this subsection unless the Administration
determines that with contract, financial, technical, and manage-
ment support the small business concern will be able to perform
contracts which may be awarded to such concern under paragraph
(1)(C) and has reasonable prospects for success in competing in the
private sector.
(B) Limitations established by the Administration in its regula-
tions and procedures restricting the award of contracts pursuant to
this subsection to a limited number of standard industrial classi-
fication codes in an approved business plan shall not be applied in
a manner that inhibits the logical business progression by a par-
ticipating small business concern into areas of industrial endeavor
where such concern has the potential for success.
(8) All determinations made pursuant to paragraph (5) with re-
spect to whether a group has been subjected to prejudice or bias
shall be made by the Administrator after consultation with the As-
sociate Administrator for Minority Small Business and Capital
Ownership Development. All other determinations made pursuant
to paragraphs (4), (5), (6), and (7) shall be made by the Associate
Administrator for Minority Small Business and Capital Ownership
Development under the supervision of, and responsible to, the Ad-
ministrator.
(9)(A) Subject to the provisions of subparagraph (E), the Admin-
istration, prior to taking any action described in subparagraph (B),
shall provide the small business concern that is the subject of such
rfrederick on DSKBCBPHB2PROD with HEARING
action, an opportunity for a hearing on the record, in accordance
with chapter 5 of title 5, United States Code.
(B) The actions referred to in subparagraph (A) are—
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103
(i) denial of program admission based upon a negative deter-
mination pursuant to paragraph (4), (5), or (6);
(ii) a termination pursuant to section 7(j)(10)(F);
(iii) a graduation pursuant to section 7(j)(10)(G); and
(iv) the denial of a request to issue a waiver pursuant to
paragraph (21)(B).
(C) The Administration’s proposed action, in any proceeding con-
ducted under the authority of this paragraph, shall be sustained
unless it is found to be arbitrary, capricious, or contrary to law.
(D) A decision rendered pursuant to this paragraph shall be the
final decision of the Administration and shall be binding upon the
Administration and those within its employ.
(E) The adjudicator selected to preside over a proceeding con-
ducted under the authority of this paragraph shall decline to accept
jurisdiction over any matter that—
(i) does not, on its face, allege facts that, if proven to be true,
would warrant reversal or modification of the Administration’s
position;
(ii) is untimely filed;
(iii) is not filed in accordance with the rules of procedure
governing such proceedings; or
(iv) has been decided by or is the subject of an adjudication
before a court of competent jurisdiction over such matters.
(F) Proceedings conducted pursuant to the authority of this para-
graph shall be completed and a decision rendered, insofar as prac-
ticable, within ninety days after a petition for a hearing is filed
with the adjudicating office.
(10) The Administration shall develop and implement an out-
reach program to inform and recruit small business concerns to
apply for eligibility for assistance under this subsection. Such pro-
gram shall make a sustained and substantial effort to solicit appli-
cations for certification from small business concerns located in
areas of concentrated unemployment or underemployment or with-
in labor surplus areas and within States having relatively few Pro-
gram Participants and from small disadvantaged business concerns
in industry categories that have not substantially participated in
the award of contracts let under the authority of this subsection.
(11) To the maximum extent practicable, construction sub-
contracts awarded by the Administration pursuant to this sub-
section shall be awarded within the county or State where the
work is to be performed.
(12)(A) The Administration shall require each concern eligible to
receive subcontracts pursuant to this subsection to annually pre-
pare and submit to the Administration a capability statement.
Such statement shall briefly describe such concern’s various con-
tract performance capabilities and shall contain the name and tele-
phone number of the Business Opportunity Specialist assigned
such concern. The Administration shall separate such statements
by those primarily dependent upon local contract support and those
primarily requiring a national marketing effort. Statements pri-
marily dependent upon local contract support shall be disseminated
to appropriate buying activities in the marketing area of the con-
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cern. The remaining statements shall be disseminated to the Direc-
tors of Small and Disadvantaged Business Utilization for the ap-
propriate agencies who shall further distribute such statements to
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104
buying activities with such agencies that may purchase the types
of items or services described on the capability statements.
(B) Contracting activities receiving capability statements shall,
within 60 days after receipt, contact the relevant Business Oppor-
tunity Specialist to indicate the number, type, and approximate
dollar value of contract opportunities that such activities may be
awarding over the succeeding 12-month period and which may be
appropriate to consider for award to those concerns for which it has
received capability statements.
(C) Each executive agency reporting to the Federal Procurement
Data System contract actions with an aggregate value in excess of
$50,000,000 in fiscal year 1988, or in any succeeding fiscal year,
shall prepare a forecast of expected contract opportunities or class-
es of contract opportunities for the next and succeeding fiscal years
that small business concerns, including those owned and controlled
by socially and economically disadvantaged individuals, are capable
of performing. Such forecast shall be periodically revised during
such year. To the extent such information is available, the agency
forecasts shall specify:
(i) The approximate number of individual contract opportuni-
ties (and the number of opportunities within a class).
(ii) The approximate dollar value, or range of dollar values,
for each contract opportunity or class of contract opportunities.
(iii) The anticipated time (by fiscal year quarter) for the
issuance of a procurement request.
(iv) The activity responsible for the award and administra-
tion of the contract.
(D) The head of each executive agency subject to the provisions
of subparagraph (C) shall within 10 days of completion furnish
such forecasts to—
(i) the Director of the Office of Small and Disadvantaged
Business Utilization established pursuant to section 15(k) for
such agency; and
(ii) the Administrator.
(E) The information reported pursuant to subparagraph (D) may
be limited to classes of items and services for which there are sub-
stantial annual purchases.
(F) Such forecasts shall be available to small business concerns.
(13) For purposes of this subsection, the term ‘‘Indian tribe’’
means any Indian tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village or re-
gional or village corporation (within the meaning of the Alaska Na-
tive Claims Settlement Act) which—
(A) is recognized as eligible for the special programs and
services provided by the United States to Indians because of
their status as Indians, or
(B) is recognized as such by the State in which such tribe,
band, nation, group, or community resides.
(14) LIMITATIONS ON SUBCONTRACTING.—A concern may not
be awarded a contract under this subsection as a small busi-
ness concern unless the concern agrees to satisfy the require-
ments of section 46.
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(15) For purposes of this subsection, the term ‘‘Native Hawaiian
Organization’’ means any community service organization serving
Native Hawaiians in the State of Hawaii which—
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105
(A) is a nonprofit corporation that has filed articles of incor-
poration with the director (or the designee thereof) of the Ha-
waii Department of Commerce and Consumer Affairs, or any
successor agency,
(B) is controlled by Native Hawaiians, and
(C) whose business activities will principally benefit such
Native Hawaiians.
(16)(A) The Administration shall award sole source contracts
under this section to any small business concern recommended by
the procuring agency offering the contract opportunity if—
(i) the Program Participant is determined to be a responsible
contractor with respect to performance of such contract oppor-
tunity;
(ii) the award of such contract would be consistent with the
Program Participant’s business plan; and
(iii) the award of the contract would not result in the Pro-
gram Participant exceeding the requirements established by
section 7(j)(10)(I).
(B) To the maximum extent practicable, the Administration shall
promote the equitable geographic distribution of sole source con-
tracts awarded pursuant to this subsection.
(17)(A) An otherwise responsible business concern that is in com-
pliance with the requirements of subparagraph (B) shall not be de-
nied the opportunity to submit and have considered its offer for
any procurement contract, which contract has as its principal pur-
pose the supply of a product to be let pursuant to this subsection,
subsection (m), section 15(a), section 31, or section 36, solely be-
cause such concern is other than the actual manufacturer or proc-
essor of the product to be supplied under the contract.
(B) To be in compliance with the requirements referred to in sub-
paragraph (A), such a business concern shall—
(i) be primarily engaged in the wholesale or retail trade;
(ii) be a small business concern under the numerical size
standard for the Standard Industrial Classification Code as-
signed to the contract solicitation on which the offer is being
made;
(iii) be a regular dealer, as defined pursuant to section 35(a)
of title 41, United States Code (popularly referred to as the
Walsh-Healey Public Contracts Act), in the product to be of-
fered the Government or be specifically exempted from such
section by section 7(j)(13)(C); and
(iv) represent that it will supply the product of a domestic
small business manufacturer or processor, unless a waiver of
such requirement is granted—
(I) by the Administrator, after reviewing a determination
by the contracting officer that no small business manufac-
turer or processor can reasonably be expected to offer a
product meeting the specifications (including period for
performance) required of an offeror by the solicitation; or
(II) by the Administrator for a product (or class of prod-
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ucts), after determining that no small business manufac-
turer or processor is available to participate in the Federal
procurement market.
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(C) LIMITATION.—This paragraph shall not apply to a con-
tract that has as its principal purpose the acquisition of serv-
ices or construction.
(18)(A) No person within the employ of the Administration shall,
during the term of such employment and for a period of two years
after such employment has been terminated, engage in any activity
or transaction specified in subparagraph (B) with respect to any
Program Participant during such person’s term of employment, if
such person participated personally (either directly or indirectly) in
decision-making responsibilities relating to such Program Partici-
pant or with respect to the administration of any assistance pro-
vided to Program Participants generally under this subsection, sec-
tion 7(j)(10), or section 7(a)(20).
(B) The activities and transactions prohibited by subparagraph
(A) include—
(i) the buying, selling, or receiving (except by inheritance) of
any legal or beneficial ownership of stock or any other owner-
ship interest or the right to acquire any such interest;
(ii) the entering into or execution of any written or oral
agreement (whether or not legally enforceable) to purchase or
otherwise obtain any right or interest described in clause (i);
or
(iii) the receipt of any other benefit or right that may be an
incident of ownership.
(C)(i) The employees designated in clause (ii) shall annually sub-
mit a written certification to the Administration regarding compli-
ance with the requirements of this paragraph.
(ii) The employees referred to in clause (i) are—
(I) regional administrators;
(II) district directors;
(III) the Associate Administrator for Minority Small Busi-
ness and Capital Ownership Development;
(IV) employees whose principal duties relate to the award of
contracts or the provision of other assistance pursuant to this
subsection or section 7(j)(10); and
(V) such other employees as the Administrator may deem ap-
propriate.
(iii) Any present or former employee of the Administration who
violates this paragraph shall be subject to a civil penalty, assessed
by the Attorney General, that shall not exceed 300 per centum of
the maximum amount of gain such employee realized or could have
realized as a result of engaging in those activities and transactions
prescribed by subparagraph (B).
(iv) In addition to any other remedy or sanction provided for
under law or regulation, any person who falsely certifies pursuant
to clause (i) shall be subject to a civil penalty under the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801–3812).
(19)(A) Any employee of the Administration who has authority to
take, direct others to take, recommend, or approve any action with
respect to any program or activity conducted pursuant to this sub-
section or section 7(j), shall not, with respect to any such action,
rfrederick on DSKBCBPHB2PROD with HEARING
exercise or threaten to exercise such authority on the basis of the
political activity or affiliation of any party. Employees of the Ad-
ministration shall expeditiously report to the Inspector General of
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107
the Administration any such action for which such employee’s par-
ticipation has been solicitated or directed.
(B) Any employee who willfully and knowingly violates subpara-
graph (A) shall be subject to disciplinary action, which may consist
of separation from service, reduction in grade, suspension, or rep-
rimand.
(C) Subparagraph (A) shall not apply to any action taken as a
penalty or other enforcement of a violation of any law, rule, or reg-
ulation prohibiting or restricting political activity.
(D) The prohibitions of subparagraph (A), and remedial measures
provided for under subparagraphs (B) and (C) with regard to such
prohibitions, shall be in addition to, and not in lieu of, any other
prohibitions, measures or liabilities that may arise under any other
provision of law.
(20)(A) Small business concerns participating in the Program
under section 7(j)(10) and eligible to receive contracts pursuant to
this section shall semiannually report to their assigned Business
Opportunity Specialist the following:
(i) A listing of any agents, representatives, attorneys, ac-
countants, consultants, and other parties (other than employ-
ees) receiving compensation to assist in obtaining a Federal
contract for such Program Participant.
(ii) The amount of compensation received by any person list-
ed under clause (i) during the relevant reporting period and a
description of the activities performed in return for such com-
pensation.
(B) The Business Opportunity Specialist shall promptly review
and forward such report to the Associate Administrator for Minor-
ity Small Business and Capital Ownership Development. Any re-
port that raises a suspicion of improper activity shall be reported
immediately to the Inspector General of the Administration.
(C) The failure to submit a report pursuant to the requirements
of this subsection and applicable regulations shall be considered
‘‘good cause’’ for the initiation of a termination proceeding pursuant
to section 7(j)(10)(F).
(21)(A) Subject to the provisions of subparagraph (B), a contract
(including options) awarded pursuant to this subsection shall be
performed by the concern that initially received such contract. Not-
withstanding the provisions of the preceding sentence, if the owner
or owners upon whom eligibility was based relinquish ownership or
control of such concern, or enter into any agreement to relinquish
such ownership or control, such contract or option shall be termi-
nated for the convenience of the Government, except that no repur-
chase costs or other damages may be assessed against such con-
cerns due solely to the provisions of this subparagraph.
(B) The Administrator may, on a nondelegable basis, waive the
requirements of subparagraph (A) only if one of the following condi-
tions exist:
(i) When it is necessary for the owners of the concern to sur-
render partial control of such concern on a temporary basis in
order to obtain equity financing.
(ii) The head of the contracting agency for which the contract
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is being performed certifies that termination of the contract
would severely impair attainment of the agency’s program ob-
jectives or missions;
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108
(iii) Ownership and control of the concern that is performing
the contract will pass to another small business concern that
is a program participant, but only if the acquiring firm would
otherwise be eligible to receive the award directly pursuant to
subsection (a);
(iv) The individuals upon whom eligibility was based are no
longer able to exercise control of the concern due to incapacity
or death; or
(v) When, in order to raise equity capital, it is necessary for
the disadvantaged owners of the concern to relinquish owner-
ship of a majority of the voting stock of such concern, but only
if—
(I) such concern has exited the Capital Ownership Devel-
opment Program;
(II) the disadvantaged owners will maintain ownership
of the largest single outstanding block of voting stock (in-
cluding stock held by affiliated parties); and
(III) the disadvantaged owners will maintain control of
daily business operations.
(C) The Administrator may waive the requirements of sub-
paragraph (A) if—
(i) in the case of subparagraph (B) (i), (ii) and (iv), he is
requested to do so prior to the actual relinquishment of
ownership or control; and
(ii) in the case of subparagraph (B)(iii), he is requested
to do so as soon as possible after the incapacity or death
occurs.
(D) Concerns performing contracts awarded pursuant to this sub-
section shall be required to notify the Administration immediately
upon entering an agreement (either oral or in writing) to transfer
all or part of its stock or other ownership interest to any other
party.
(E) Notwithstanding any other provision of law, for the purposes
of determining ownership and control of a concern under this sec-
tion, any potential ownership interests held by investment compa-
nies licensed under the Small Business Investment Act of 1958
shall be treated in the same manner as interests held by the indi-
viduals upon whom eligibility is based.
(b) It shall also be the duty of the Administration and it is here-
by empowered, whenever it determines such action is necessary—
(1)(A) to provide—
(i) technical, managerial, and informational aids to small
business concerns—
(I) by advising and counseling on matters in connec-
tion with Government procurement and policies, prin-
ciples, and practices of good management;
(II) by cooperating and advising with—
(aa) voluntary business, professional, edu-
cational, and other nonprofit organizations, asso-
ciations, and institutions (except that the Admin-
istration shall take such actions as it determines
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necessary to ensure that such cooperation does not
constitute or imply an endorsement by the Admin-
istration of the organization or its products or
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109
services, and shall ensure that it receives appro-
priate recognition in all printed materials); and
(bb) other Federal and State agencies;
(III) by maintaining a clearinghouse for information
on managing, financing, and operating small business
enterprises; and
(IV) by disseminating such information, including
through recognition events, and by other activities
that the Administration determines to be appropriate;
and
(ii) through cooperation with a profit-making concern
(referred to in this paragraph as a ‘‘cosponsor’’), training,
information, and education to small business concerns, ex-
cept that the Administration shall—
(I) take such actions as it determines to be appro-
priate to ensure that—
(aa) the Administration receives appropriate
recognition and publicity;
(bb) the cooperation does not constitute or imply
an endorsement by the Administration of any
product or service of the cosponsor;
(cc) unnecessary promotion of the products or
services of the cosponsor is avoided; and
(dd) utilization of any one cosponsor in a mar-
keting area is minimized; and
(II) develop an agreement, executed on behalf of the
Administration by an employee of the Administration
in Washington, the District of Columbia, that pro-
vides, at a minimum, that—
(aa) any printed material to announce the co-
sponsorship or to be distributed at the cospon-
sored activity, shall be approved in advance by the
Administration;
(bb) the terms and conditions of the cooperation
shall be specified;
(cc) only minimal charges may be imposed on
any small business concern to cover the direct
costs of providing the assistance;
(dd) the Administration may provide to the co-
sponsorship mailing labels, but not lists of names
and addresses of small business concerns compiled
by the Administration;
(ee) all printed materials containing the names
of both the Administration and the cosponsor shall
include a prominent disclaimer that the coopera-
tion does not constitute or imply an endorsement
by the Administration of any product or service of
the cosponsor; and
(ff) the Administration shall ensure that it re-
ceives appropriate recognition in all cosponsorship
printed materials.
(B) To establish, conduct, and publicize, and to recruit, se-
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lect, and train volunteers for (and to enter into contracts,
grants, or cooperative agreements therefor), volunteer pro-
grams, including øa Service Corps of Retired Executives
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110
(SCORE)¿ the SCORE program described in subsection (c) and
an Active Corps of Executive (ACE) for the purposes of section
8(b)(1)(A) of this Act. To facilitate the implementation of such
volunteer programs the Administration shall maintain at its
headquarters and pay the salaries, benefits, and expenses of a
volunteer and professional staff to manage and oversee the
program. Any such payments made pursuant to this subpara-
graph shall be effective only to such extent or in such amounts
as are provided in advance in appropriation Acts. Notwith-
standing any other provision of law, øSCORE may¿ the
SCORE Association (as defined in subsection (c)) may solicit
cash and in-kind contributions from the private sector to be
used to carry out its functions under this Act, and may use
payments made by the Administration pursuant to this sub-
paragraph for such solicitation and the management of the
contributions received.
(C) To allow any individual or group of persons participating
with it in furtherance of the purposes of subparagraphs (A)
and (B) to use the Administration’s office facilities and related
material and services as the Administration deems appro-
priate, including clerical and stenographic service:
(i) such volunteers, while carrying out activities under
section 8(b)(1) of this Act shall be deemed Federal employ-
ees for the purposes of the Federal tort claims provisions
in title 28, United States Code; and for the purposes of
subchapter I of chapter 81 of title 5, United States Code
(relative to compensation to Federal employees for work
injuries) shall be deemed civil employees of the United
States within the meaning of the term ‘‘employee’’ as de-
fined in section 8101 of title 5, United States Code, and
the provisions of that subchapter shall apply except that
in computing compensation benefits for disability or death,
the monthly pay of a volunteer shall be deemed that re-
ceived under the entrance salary for a grade GS–11 em-
ployee:
(ii) the Administrator is authorized to reimburse such
volunteers for all necessary out-of-pocket expenses incident
to their provision of services under this Act, or in connec-
tion with attendance at meetings sponsored by the Admin-
istration, or for the cost of malpractice insurance, as the
Administrator shall determine, in accordance with regula-
tions which he or she shall prescribe, and, while they are
carrying out such activities away from their homes or reg-
ular places of business, for travel expenses (including per
diem in lieu of subsistence) as authorized by section 5703
of title 5, United States Code, for individuals serving with-
out pay; and
(iii) such volunteers shall in no way provide services to
a client of such Administration with a delinquent loan out-
standing, except upon a specific request signed by such cli-
ent for assistance in connection with such matter.
(D) Notwithstanding any other provision of law, no payment
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for supportive services or reimbursement of out-of-pocket ex-
penses made to persons serving pursuant to section 8(b)(1) of
this Act shall be subject to any tax or charge or be treated as
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111
wages or compensation for the purposes of unemployment, dis-
ability, retirement, public assistance, or similar benefit pay-
ments, or minimum wage laws.
(E) In carrying out its functions under subparagraph (A), to
make grants (including contracts and cooperative agreements)
to any public or private institution of higher education for the
establishment and operation of a small business institute,
which shall be used to provide business counseling and assist-
ance to small business concerns through the activities of stu-
dents enrolled at the institution, which students shall be enti-
tled to receive educational credits for their activities.
(F) Notwithstanding any other provision of law and pursuant
to regulations which the Administrator shall provide, counsel
may be employed and counsel fees, court costs, bail, and other
expenses incidental to the defense of volunteers may be paid
in judicial or Administrative proceedings arising directly out of
the performance of activities pursuant to section 8(b)(1) of this
Act, as amended (15 U.S.C. 637(b)(1)) to which volunteers have
been made parties.
(G) In carrying out its functions under this Act and to carry
out the activities authorized by title IV of the Women’s Busi-
ness Ownership Act of 1988, the Administration is authorized
to accept, in the name of the Administration, and employ or
dispose of in furtherance of the purposes of this Act, any
money or property, real, personal, or mixed, tangible, or intan-
gible, received by gift, devise, bequest, or otherwise; and, fur-
ther, to accept gratuitous services and facilities.
(2) to make a complete inventory of all productive facilities
of small-business concerns or to arrange for such inventory to
be made by any other governmental agency which has the fa-
cilities. In making any such inventory, the appropriate agen-
cies in the several States may be requested to furnish an in-
ventory of the productive facilities of small-business concerns
in each respective State if such an inventory is available or in
prospect;
(3) to coordinate and to ascertain the means by which the
productive capacity of small-business concerns can be most ef-
fectively utilized;
(4) to consult and cooperative with officers of the Govern-
ment having procurement or property disposal powers, in order
to utilize the potential productive capacity of plants operated
by small-business concerns;
(5) to obtain information as to methods and practices which
Government prime contractors utilize in letting subcontracts
and to take action to encourage the letting of subcontracts by
prime contractors to small-business concerns at prices and on
conditions and terms which are fair and equitable;
(6) to determine within any industry the concerns, firms,
persons, corporations, partnerships, cooperatives, or other busi-
ness enterprises which are to be designated ‘‘small-business
concerns’’ for the purpose of effectuating the provisions of this
Act. To carry out this purpose the Administrator, when re-
rfrederick on DSKBCBPHB2PROD with HEARING
quested to do so, shall issue in response to each such request
an appropriate certificate certifying an individual concern as a
‘‘small-business concern’’ in accordance with the criteria ex-
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112
pressed in this Act. Any such certificate shall be subject to rev-
ocation when the concern covered thereby ceases to be a
‘‘small-business concern.’’ Offices of the Government having
procurement or lending powers, or engaging in the disposal of
Federal property or allocating materials or supplies, or promul-
gating regulations affecting the distribution of materials or
supplies, shall accept as conclusive the Administration’s deter-
mination as to which enterprises are to be designated ‘‘small-
business concerns’’, as authorized and directed under this para-
graph;
(7)(A) to certify to Government procurement officers, and of-
ficers engaged in the sale and disposal of Federal property,
with respect to all elements of responsibility, including, but not
limited to, capability, competency, capacity, credit, integrity,
perseverance, and tenacity, of any small business concern or
group of such concerns to receive and perform a specific Gov-
ernment contract. A Government procurement officer or an of-
ficer engaged in the sale and disposal of Federal property may
not, for any reason specified in the preceding sentence, pre-
clude any small business concern or group of such concerns
from being awarded such contract without referring the matter
for a final disposition to the Administration.
(B) if a Government procurement officer finds that an other-
wise qualified small business concern may be ineligible due to
the provisions of section 35(a) of title 41, United States Code
(the Walsh-Healey Public Contracts Act), he shall notify the
Administration in writing of such finding. The Administration
shall review such finding and shall either dismiss it and certify
the small business concern to be an eligible Government con-
tractor for a specific Government contract or if it concurs in the
finding, forward the matter to the Secretary of Labor for final
disposition, in which case the Administration may certify the
small business concern only if the Secretary of Labor finds the
small business concern not to be in violation.
(C) in any case in which a small business concern or group
of such concerns has been certified by the Administration pur-
suant to (A) or (B) to be a responsible or eligible Government
contractor as to a specific Government contract, the officers of
the Government having procurement or property disposal pow-
ers are directed to accept such certification as conclusive, and
shall let such Government contract to such concern or group of
concerns without requiring it to meet any other requirement of
responsibility or eligibility. Notwithstanding the first sentence
of this subparagraph, the Administration may not establish an
exemption from referral or notification or refuse to accept a re-
ferral or notification from a Government procurement officer
made pursuant to subparagraph (A) or (B) of this paragraph,
but nothing in this paragraph shall require the processing of
an application for certification if the small business concern to
which the referral pertains declines to have the application
processed.
(8) to obtain from any Federal department, establishment, or
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agency engaged in procurement or in the financing of procure-
ment or production such reports concerning the letting of con-
tracts and subcontracts and the making of loans to business
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113
concerns as it may deem pertinent in carrying out its functions
under this Act;
(9) to obtain from any Federal department, establishment, or
agency engaged in the disposal of Federal property such re-
ports concerning the solicitation of bids, time of sale, or other-
wise as it may deem pertinent in carrying out its functions
under this Act;
(10) to obtain from suppliers of materials information per-
taining to the method of filling orders and the bases for allo-
cating their supply, whenever it appears that any small busi-
ness is unable to obtain materials from its normal sources;
(11) to make studies and recommendations to the appro-
priate Federal agencies to insure that a fair proportion of the
total purchases and contracts for property and services for the
Government be placed with small-business enterprises, to in-
sure that a fair proportion of Government contacts for research
and development be placed with small-business concerns, to in-
sure that a fair proportion of the total sales of Government
property be made to small-business concerns, and to insure a
fair and equitable share of materials, supplies, and equipment
to small-business concerns;
(12) to consult and cooperate with all Government agencies
for the purpose of insuring that small-business concerns shall
receive fair and reasonable treatment from such agencies;
(13) to establish such advisory boards and committees as
may be necessary to achieve the purposes of this Act and of the
Small Business Investment Act of 1958; to call meetings of
such boards and committees from time to time; to pay the
transportation expenses and a per diem allowance in accord-
ance with section 5703 of title 5, United States Code, to the
members of such boards and committees for travel and subsist-
ence expenses incurred at the request of the Administration in
connection with travel to points more than fifty miles distant
from the homes of such members in attending the meetings of
such boards and committees; and to rent temporarily, within
the District of Columbia or elsewhere, such hotel or other ac-
commodations as are needed to facilitate the conduct of such
meetings;
(14) to provide at the earliest practicable time such informa-
tion and assistance as may be appropriate, including informa-
tion concerning eligibility for loans under section 7(b)(3), to
local public agencies (as defined in section 110(h) of the Hous-
ing Act of 1949) and to small-business concerns to be displaced
by federally aided urban renewal projects in order to assist
such small-business concerns in reestablishing their oper-
ations;
(15) to disseminate, without regard to the provisions of sec-
tion 3204 of title 39, United States Code, data and information,
in such form as it shall deem appropriate, to public agencies,
private organizations, and the general public;
(16) to make studies of matters materially affecting the com-
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petitive strength of small business, and of the effect on small
business of Federal laws, programs, and regulations, and to
make recommendations to the appropriate Federal agency or
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114
agencies for the adjustment of such programs and regulations
to the needs of small business; and
(17) to make grants to, and enter into contracts and coopera-
tive agreements with, educational institutions, private busi-
nesses, veterans’ nonprofit community-based organizations,
and Federal, State, and local departments and agencies for the
establishment and implementation of outreach programs for
disabled veterans (as defined in section 4211(3) of title 38,
United States Code), veterans, and members of a reserve com-
ponent of the Armed Forces.
ø(c) [Reserved.]¿
(c) SCORE PROGRAM.—
(1) DEFINITIONS.—In this subsection:
(A) SCORE ASSOCIATION.—The term ‘‘SCORE Associa-
tion’’ means the Service Corps of Retired Executives Asso-
ciation or any successor or other organization that enters
into a cooperative agreement (as described under para-
graph (2)) with the Administrator to operate the SCORE
program.
(B) SCORE FOUNDATION.—The term ‘‘SCORE Founda-
tion’’ means an organization with a mission to support the
SCORE Association and volunteers of the SCORE program.
(C) SCORE PROGRAM.—The term ‘‘SCORE program’’
means the SCORE program authorized by subsection
(b)(1)(B).
(2) COOPERATIVE AGREEMENT.—The Administrator shall enter
into a cooperative agreement with the SCORE Association to
carry out the SCORE program, which shall include the fol-
lowing requirements:
(A) ADMINISTRATOR DUTIES.—The Administrator shall—
(i) every 2 years, conduct a financial examination of
the SCORE Association to ensure that any costs paid
for with Federal funds are allowable, allocable, and
reasonable;
(ii) review and approve contracts entered into by the
SCORE Association to provide goods or services for the
SCORE program of a value greater than an amount
determined by the Administrator;
(iii) maintain a system through which the SCORE
Association provides documentation relating to such
contracts; and
(iv) within 30 days of the receipt of a quarterly report
on the achievements of the SCORE program submitted
by the SCORE Association, reconcile differences be-
tween such report and the performance results of the
SCORE program reported in a management informa-
tion system of the Office of Entrepreneurial Develop-
ment.
(B) SCORE ASSOCIATION DUTIES.—The SCORE Associa-
tion shall—
(i) manage nationwide chapters of the SCORE pro-
gram;
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(ii) provide annual training to employees of the
SCORE Association on generating and using program
income from the SCORE program;
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115
(iii) submit documentation to the Administrator
verifying such annual training is completed;
(iv) separate funds donated to the SCORE Associa-
tion from program income and funds received pursuant
to a cooperative agreement; and
(v) maintain and enforce requirements for volunteers
participating in the SCORE program, including re-
quirements that each such volunteer shall—
(I) based on the business experience and knowl-
edge of the volunteer—
(aa) provide personal counseling, mentoring,
and coaching on the process of starting, ex-
panding, managing, buying, and selling a
business at no cost to individuals who own, or
aspire to own, small business concerns; and
(bb) facilitate free or low-cost education
workshops for individuals who own, or aspire
to own, small business concerns; and
(II) as appropriate, use tools, resources, and ex-
pertise of other organizations to carry out the
SCORE program.
(C) JOINT DUTIES.—The Administrator, in consultation
with the SCORE Association, shall ensure that the SCORE
program and each chapter of the SCORE program—
(i) develop and implement plans and goals to effec-
tively and efficiently provide services to individuals in
rural areas, economically disadvantaged communities,
or other traditionally underserved communities, in-
cluding plans for virtual, remote, and web-based initia-
tives, chapter expansion, partnerships, and the develop-
ment of new skills by volunteers participating in the
SCORE program; and
(ii) reinforce an inclusive culture by recruiting di-
verse volunteers for the chapters of the SCORE pro-
gram.
(3) ONLINE COMPONENT.—In addition to providing in-person
services, the SCORE Association shall maintain and expand
online counseling services including webinars, electronic men-
toring platforms, and online toolkits to further support entre-
preneurs.
(4) ACCOUNTING.—The SCORE Association shall—
(A) maintain a centralized accounting and financing sys-
tem for each chapter of the SCORE program;
(B) maintain a uniform policy and procedures to manage
Federal funds received pursuant to a cooperative agreement
described in paragraph (2); and
(C) maintain an employee of the SCORE Association to
serve as a compliance officer to ensure expenditures of the
SCORE program are fully compliant with any law, regula-
tion, or cooperative agreement relating to the SCORE pro-
gram.
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(5) COMPENSATION.—
(A) SALARIES.—The salary of an employee of the SCORE
Association may not exceed the equivalent of the maximum
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116
rate of pay allowable for an individual in the career Senior
Executive Service employed at the Administration.
(B) PERFORMANCE AWARDS.—The SCORE Association
may spend up to 5 percent of the aggregate salaries of em-
ployees of the SCORE Association on individual perform-
ance awards to employees of the SCORE Association, to be
disbursed before the last day of the fiscal year, if not later
than 60 days before such disbursement the SCORE Asso-
ciation submits to the Administrator a report on the num-
ber and amount of such awards to be disbursed.
(C) SCORE FOUNDATION.—A member of the Board of Di-
rectors of the SCORE Association or an employee of the
SCORE Association may not simultaneously serve on the
Board of Directors of, or receive compensation from, the
SCORE Foundation without written approval from the Ad-
ministrator.
(6) WHISTLEBLOWER PROTECTION REQUIREMENTS.—The
SCORE Association shall—
(A) annually update all manuals or other documents ap-
plicable to employees and volunteers of the SCORE Associa-
tion or the SCORE program to include requirements relat-
ing to reporting procedures and protectors for whistle-
blowers; and
(B) conduct an annual training for employees and volun-
teers of the SCORE Association or the SCORE program on
the requirements described in paragraph (1) and encourage
the use of the hotline established by the Office of the Inspec-
tor General of the Small Business Administration to submit
whistleblower reports.
(7) PUBLISHED MATERIALS.—The SCORE Association shall
ensure all published materials include written acknowledgment
of Small Business Administration support of the SCORE pro-
gram if such materials are paid for in whole or in part by Fed-
eral funds.
(8) PRIVACY REQUIREMENTS.—
(A) IN GENERAL.—Neither the Administrator nor the
SCORE Association may disclose the name, address, or
telephone number of any individual or small business con-
cern receiving assistance from the SCORE Association
without the consent of such individual or small business
concern, unless—
(i) the Administrator is ordered to make such a dis-
closure by a court in any civil or criminal enforcement
action initiated by a Federal or State agency; or
(ii) the Administrator determines such a disclosure is
necessary for the purpose of conducting a financial
audit of the SCORE program, in which case disclosure
shall be limited to the information necessary for the
audit.
(B) ADMINISTRATOR USE OF INFORMATION.—This para-
graph shall not—
(i) restrict the access of the Administrator to SCORE
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program activity data; or
(ii) prevent the Administrator from using SCORE
program client information to conduct client surveys.
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117
(C) STANDARDS.—
(i) IN GENERAL.—The Administrator shall, after the
opportunity for notice and comment, establish stand-
ards for—
(I) disclosures with respect to financial audits
described under subparagraph (A)(ii); and
(II) conducting client surveys, including stand-
ards for oversight of the surveys and for dissemi-
nation and use of client information.
(ii) MAXIMUM PRIVACY PROTECTION.—The standards
issued under this subparagraph shall, to the extent
practicable, provide for the maximum amount of pri-
vacy protection.
(9) ANNUAL REPORT.—Not later than 180 days after the date
of the enactment of this subsection and annually thereafter, the
Administrator shall submit to the Committee on Small Busi-
ness and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report on the
performance and effectiveness of the SCORE program, which
may be included as part of another report submitted to such
Committees by the Administrator, and which shall include—
(A) the total number and the number of unique clients
counseled or trained under the SCORE program;
(B) the number of hours of counseling provided under the
SCORE program;
(C) the number of local workshops provided under the
SCORE program;
(D) the number of clients attending online and local
workshops provided under the SCORE program;
(E) to the extent practicable, the demographics of SCORE
program clients and volunteers, which shall include the
gender, race, and age of each such client or volunteer;
(F) with respect to businesses assisted under the SCORE
program, the cost to create a job, the cost to create a busi-
ness, and return on investment;
(G) the number of referrals of SCORE program clients to
other resources and programs of the Administration;
(H) the number of SCORE program clients receiving fi-
nancial assistance, including the type and dollar amount,
under loan programs of the Administration;
(I) the results of SCORE program client satisfactory sur-
veys, including a summary of any comments received from
such clients;
(J) the number of new businesses started up by SCORE
program clients;
(K) the number of such new businesses realizing revenue
growth;
(L) to the extent practicable, the number of jobs created
with assistance from the SCORE program;
(M) the total cost of the SCORE program;
(N) any recommendations of the Administrator to im-
prove the SCORE program; and
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(O) an explanation of how the SCORE program has been
integrated with—
(i) small business development centers;
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118
(ii) women’s business centers (described under section
29);
(iii) Veteran Business Outreach Centers 20 (described
under section 32);
(iv) other offices of the Administration; and
(v) other public and private entities engaging in en-
trepreneurial and small business development.
(d)(1) It is the policy of the United States that small business
concerns, small business concerns owned and controlled by vet-
erans, small business concerns owned and controlled by service-dis-
abled veterans, qualified HUBZone small business concerns, small
business concerns owned and controlled by socially and economi-
cally disadvantaged individuals, and small business concerns
owned and controlled by women, shall have the maximum prac-
ticable opportunity to participate in the performance of contracts
let by any Federal agency, including contracts and subcontracts for
subsystems, assemblies, components, and related services for major
systems. It is further the policy of the United States that its prime
contractors establish procedures to ensure the timely payment of
amounts due pursuant to the terms of their subcontracts with
small business concerns, small business concerns owned and con-
trolled by veterans, small business concerns owned and controlled
by service-disabled veterans, qualified HUBZone small business
concerns, small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small business
concerns owned and controlled by women.
(2) The clause stated in paragraph (3) shall be included in all
contracts let by any Federal agency except any contract which—
(A) does not exceed the simplified acquisition threshold;
(B) including all subcontracts under such contracts will be
performed entirely outside of any State, territory, or possession
of the United States, the District of Columbia, or the Common-
wealth of Puerto Rico; or
(C) is for services which are personal in nature.
(3) The clause required by paragraph (2) shall be as follows:
(A) It is the policy of the United States that small business
concerns, small business concerns owned and controlled by vet-
erans, small business concerns owned and controlled by serv-
ice-disabled veterans, qualified HUBZone small business con-
cerns, small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small busi-
ness concerns owned and controlled by women shall have the
maximum practicable opportunity to participate in the per-
formance of contracts let by any Federal agency, including con-
tracts and subcontracts for subsystems, assemblies, compo-
nents, and related services for major systems. It is further the
policy of the United States that its prime contractors establish
procedures to ensure the timely payment of amounts due pur-
suant to the terms of their subcontracts with small business
concerns, small business concerns owned and controlled by vet-
erans, small business concerns owned and controlled by serv-
ice-disabled veterans, qualified HUBZone small business con-
rfrederick on DSKBCBPHB2PROD with HEARING
cerns, small business concerns owned and controlled by socially
and economically disadvantaged individuals, and small busi-
ness concerns owned and controlled by women.
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119
(B) The contractor hereby agrees to carry out this policy in
the awarding of subcontracts to the fullest extent consistent
with the efficient performance of this contract. The contractor
further agrees to cooperate in any studies or surveys as may
be conducted by the United States Small Business Administra-
tion or the awarding agency of the United States as may be
necessary to determine the extent of the contractor’s compli-
ance with this clause.
(C) As used in this contract, the term ‘‘small business con-
cern’’ shall mean a small business as defined pursuant to sec-
tion 3 of the Small Business Act and relevant regulations pro-
mulgated pursuant thereto. The term ‘‘small business concern
owned and controlled by socially and economically disadvan-
taged individuals’’ shall mean a small business concern—
(i) which is at least 51 per centum owned by one or more
socially and economically disadvantaged individuals; or, in
the case of any publicly owned business, at least 51 per
centum of the stock of which is owned by one or more so-
cially and economically disadvantaged individuals; and
(ii) whose management and daily business operations
are controlled by one or more of such individuals.
The contractor shall presume that socially and economically
disadvantaged individuals include Black Americans, Hispanic
Americans, Native Americans, Asian Pacific Americans, and
other minorities, or any other individual found to be disadvan-
taged by the Administration pursuant to section 8(a) of the
Small Business Act.
(D) The term ‘‘small business concern owned and controlled
by women’’ shall mean a small business concern—
(i) which is at least 51 per centum owned by one or more
women; or, in the case of any publicly owned business, at
least 51 per centum of the stock of which is owned by one
or more women; and
(ii) whose management and daily business operations
are controlled by one or more women.
(E) The term ‘‘small business concern owned and controlled
by veterans’’ shall mean a small business concern—
(i) which is at least 51 per centum owned by one or more
eligible veterans; or, in the case of any publicly owned
business, at least 51 per centum of the stock of which is
owned by one or more veterans; and
(ii) whose management and daily business operations
are controlled by such veterans. The contractor shall treat
as veterans all individuals who are veterans within the
meaning of the term under section 3(q) of the Small Busi-
ness Act.
(F) Contractors acting in good faith may rely on written rep-
resentations by their subcontractors regarding their status as
either a small business concern, small business concern owned
and controlled by veterans, small business concern owned and
controlled by service-disabled veterans, a small business con-
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cern owned and controlled by socially and economically dis-
advantaged individuals, or a small business concern owned and
controlled by women.
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120
(G) In this contract, the term ‘‘qualified HUBZone small
business concern’’ has the meaning given that term in section
31(b).
(H) In this contract, the term ‘‘small business concern owned
and controlled by service-disabled veterans’’ has the meaning
given that term in section 3(q).
(4)(A) Each solicitation of an offer for a contract to be let by a
Federal agency which is to be awarded pursuant to the negotiated
method of procurement and which may exceed $1,000,000, in the
case of a contract for the construction of any public facility, or
$500,000, in the case of all other contracts, shall contain a clause
notifying potential offering companies of the provisions of this sub-
section relating to contracts awarded pursuant to the negotiated
method of procurement.
(B) Before the award of any contract to be let, or any amendment
or modification to any contract let, by any Federal agency which—
(i) is to be awarded, or was let, pursuant to the negotiated
method of procurement,
(ii) is required to include the clause stated in paragraph (3),
(iii) may exceed $1,000,000 in the case of a contract for the
construction of any public facility, or $500,000 in the case of
all other contracts, and
(iv) which offers subcontracting possibilities,
the apparent successful offeror shall negotiate with the procure-
ment authority a subcontracting plan which incorporates the infor-
mation prescribed in paragraph (6). The subcontracting plan shall
be included in and made a material part of the contract.
(C) If, within the time limit prescribed in regulations of the Fed-
eral agency concerned, the apparent successful offeror fails to nego-
tiate the subcontracting plan required by this paragraph, such of-
feror shall become ineligible to be awarded the contract. Prior com-
pliance of the offeror with other such subcontracting plans shall be
considered by the Federal agency in determining the responsibility
of that offeror for the award of the contract.
(D) No contract shall be awarded to any offeror unless the pro-
curement authority determines that the plan to be negotiated by
the offeror pursuant to this paragraph provides the maximum prac-
ticable opportunity for small business concerns, qualified HUBZone
small business concerns, small business concerns owned and con-
trolled by veterans, small business concerns owned and controlled
by service-disabled veterans, small business concerns owned and
controlled by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by women to
participate in the performance of the contract.
(E) Notwithstanding any other provisions of law, every Federal
agency, in order to encourage subcontracting opportunities for
small business concerns, small business concerns owned and con-
trolled by veterans, small business concerns owned and controlled
by service-disabled veterans, qualified HUBZone small business
concerns, and small business concerns owned and controlled by the
socially and economically disadvantaged individuals as defined in
paragraph (3) of this subsection and for small business concerns
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owned and controlled by women, is hereby authorized to provide
such incentives as such Federal agency may deem appropriate in
order to encourage such subcontracting opportunities as may be
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121
commensurate with the efficient and economical performance of the
contact: Provided, That, this subparagraph shall apply only to con-
tracts let pursuant to the negotiated method of procurement.
(F)(i) Each contract subject to the requirements of this paragraph
or paragraph (5) shall contain a clause for the payment of liq-
uidated damages upon a finding that a prime contractor has failed
to make a good faith effort to comply with the requirements im-
posed on such contractor by this subsection.
(ii) The contractor shall be afforded an opportunity to dem-
onstrate a good faith effort regarding compliance prior to the con-
tracting officer’s final decision regarding the impositon of damages
and the amount thereof. The final decision of a contracting officer
regarding the contractor’s obligation to pay such damages, or the
amounts thereof, shall be subject to the Contract Disputes Act of
1978 (41 U.S.C. 601–613).
(iii) Each agency shall ensure that the goals offered by the appar-
ent successful bidder or offeror are attainable in relation to—
(I) the subcontracting opportunities available to the con-
tractor, commensurate with the efficient and economical per-
formance of the contract;
(II) the pool of eligible subcontractors available to fulfill the
subcontracting opportunities; and
(III) the actual performance of such contractor in fulfilling
the subcontracting goals specified in prior plans.
(G) The following factors shall be designated by the Federal
agency as significant factors for purposes of evaluating offers
for a bundled contract where the head of the agency deter-
mines that the contract offers a significant opportunity for sub-
contracting:
(i) A factor that is based on the rate provided under the
subcontracting plan for small business participation in the
performance of the contract.
(ii) For the evaluation of past performance of an offeror,
a factor that is based on the extent to which the offeror at-
tained applicable goals for small business participation in
the performance of contracts.
(5)(A) Each solicitation of a bid for any contract to be let, or any
amendment or modification to any contract let, by any Federal
agency which—
(i) is to be awarded pursuant to the formal advertising meth-
od of procurement,
(ii) is required to contain the clause stated in paragraph (3)
of this subsection,
(iii) may exceed $1,000,000 in the case of a contract for the
construction of any public facility, or $500,000, in the case of
all other contracts, and
(iv) offers subcontracting possibilities,
shall contain a clause requiring any bidder who is selected to be
awarded a contract to submit to the Federal agency concerned a
subcontracting plan which incorporates the information prescribed
in paragraph (6).
(B) If, within the time limit prescribed in regulations of the Fed-
rfrederick on DSKBCBPHB2PROD with HEARING
eral agency concerned, the bidder selected to be awarded the con-
tract fails to submit the subcontracting plan required by this para-
graph, such bidder shall become ineligible to be awarded the con-
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122
tract. Prior compliance of the bidder with other such subcon-
tracting plans shall be considered by the Federal agency in deter-
mining the responsibility of such bidder for the award of the con-
tract. The subcontracting plan of the bidder awarded the contract
shall be included in and made a material part of the contract.
(6) Each subcontracting plan required under paragraph (4) or (5)
shall include—
(A) percentage goals for the utilization as subcontractors of
small business concerns, small business concerns owned and
controlled by veterans, small business concerns owned and con-
trolled by service-disabled veterans, qualified HUBZone small
business concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by women;
(B) the name of an individual within the employ of the offer-
or or bidder who will administer the subcontracting program of
the offeror or bidder and a description of the duties of such in-
dividual;
(C) a description of the efforts the offeror or bidder will take
to assure that small business concerns, small business con-
cerns owned and controlled by veterans, small business con-
cerns owned and controlled by service-disabled veterans, quali-
fied HUBZone small business concerns, small business con-
cerns owned and controlled by socially and economically dis-
advantaged individuals, and small business concerns owned
and controlled by women will have an equitable opportunity to
compete for subcontracts;
(D) assurances that the offeror or bidder will include the
clause required by paragraph (2) of this subsection in all sub-
contracts which offer further subcontracting opportunities, and
that the offeror or bidder will require all subcontractors (except
small business concerns) who receive subcontracts in excess of
$1,000,000 in the case of a contract for the construction of any
public facility, or in excess of $500,000 in the case of all other
contracts, to adopt a plan similar to the plan required under
paragraph (4) or (5), and assurances at a minimum that the of-
feror or bidder, and all subcontractors required to maintain
subcontracting plans pursuant to this paragraph, will—
(i) review and approve subcontracting plans submitted
by their subcontractors;
(ii) monitor subcontractor compliance with their ap-
proved subcontracting plans;
(iii) ensure that subcontracting reports are submitted by
their subcontractors when required;
(iv) acknowledge receipt of their subcontractors’ reports;
(v) compare the performance of their subcontractors to
subcontracting plans and goals; and
(vi) discuss performance with subcontractors when nec-
essary to ensure their subcontractors make a good faith ef-
fort to comply with their subcontracting plans;
(E) assurances that the offeror or bidder will submit such
periodic reports and cooperate in any studies or surveys as
rfrederick on DSKBCBPHB2PROD with HEARING
may be required by the Federal agency or the Administration
in order to determine the extent of compliance by the offeror
or bidder with the subcontracting plan;
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123
(F) a recitation of the types of records the successful offeror
or bidder will maintain to demonstrate procedures which have
been adopted to comply with the requirements and goals set
forth in this plan, including the establishment of source lists
of small business concerns, small business concerns owned and
controlled by veterans, small business concerns owned and con-
trolled by service-disabled veterans, qualified HUBZone small
business concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individuals,
and small business concerns owned and controlled by women;
and efforts to identify and award subcontracts to such small
business concerns;
(G) a recitation of the types of records the successful offeror
or bidder will maintain to demonstrate that procedures have
been adopted to substantiate the credit the successful offeror
or bidder will elect to receive under paragraph (16)(A);
(H) a recitation of the types of records the successful offeror
or bidder will maintain to demonstrate procedures which have
been adopted to ensure subcontractors at all tiers comply with
the requirements and goals set forth in the plan established in
accordance with subparagraph (D) of this paragraph, includ-
ing—
(i) the establishment of source lists of small business
concerns, small business concerns owned and controlled by
veterans, small business concerns owned and controlled by
service-disabled veterans, qualified HUBZone small busi-
ness concerns, small business concerns owned and con-
trolled by socially and economically disadvantaged individ-
uals, and small business concerns owned and controlled by
women; and
(ii) efforts to identify and award subcontracts to such
small business concerns; and
(I) a representation that the offeror or bidder will—
(i) make a good faith effort to acquire articles, equip-
ment, supplies, services, or materials, or obtain the per-
formance of construction work from the small business
concerns used in preparing and submitting to the con-
tracting agency the bid or proposal, in the same amount
and quality used in preparing and submitting the bid or
proposal; and
(ii) provide to the contracting officer a written expla-
nation if the offeror or bidder fails to acquire articles,
equipment, supplies, services, or materials or obtain the
performance of construction work as described in clause (i).
(7) The head of the contracting agency shall ensure that—
(A) the agency collects and reports data on the extent to
which contractors of the agency meet the goals and objec-
tives set forth in subcontracting plans submitted pursuant
to this subsection; and
(B) the agency periodically reviews data collected and re-
ported pursuant to subparagraph (A) for the purpose of en-
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suring that such contractors comply in good faith with the
requirements of this subsection and subcontracting plans
submitted by the contractors pursuant to this subsection.
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124
(8) The provisions of paragraphs (4), (5), and (6) shall not apply
to offerors or bidders who are small business concerns.
(9) MATERIAL BREACH.—The failure of any contractor or sub-
contractor to comply in good faith with—
(A) the clause contained in paragraph (3) of this sub-
section,
(B) any plan required of such contractor pursuant to the
authority of this subsection to be included in its contract
or subcontract, or
(C) assurances provided under paragraph (6)(E),
shall be a material breach of such contract or subcontract and
may be considered in any past performance evaluation of the
contractor.
(10) Nothing contained in this subsection shall be construed to
supersede the requirements of Defense Manpower Policy Number
4A (32A CFR Chap. 1) or any successor policy.
(11) In the case of contracts within the provisions of paragraphs
(4), (5), and (6), the Administration is authorized to—
(A) assist Federal agencies and businesses in complying with
their responsibilities under the provisions of this subsection,
including the formulation of subcontracting plans pursuant to
paragraph (4);
(B) review any solicitation for any contract to be let pursuant
to paragraphs (4) and (5) to determine the maximum prac-
ticable opportunity for small business concerns, small business
concerns owned and controlled by veterans, small business con-
cerns owned and controlled by service-disabled veterans, quali-
fied HUBZone small business concerns, small business con-
cerns owned and controlled by socially and economically dis-
advantaged individuals, and small business concerns owned
and controlled by women to participate as subcontractors in
the performance of any contract resulting from any solicitation,
and to submit its findings, which shall be advisory in nature,
to the appropriate Federal agency; and
(C) evaluate compliance with subcontracting plans as a sup-
plement to evaluations performed by the contracting agency,
either on a contract-by-contract basis or, in the case of contrac-
tors having multiple contracts, on an aggregate basis.
(12) For purposes of determining the attainment of a subcontract
utilization goal under any subcontracting plan entered into with
any executive agency pursuant to this subsection, a mentor firm
providing development assistance to a protege firm under the pilot
Mentor-Protege Program established pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2301 note) shall be granted credit for such
assistance in accordance with subsection (g) of such section.
(13) PAYMENT OF SUBCONTRACTORS.—
(A) DEFINITION.—In this paragraph, the term ‘‘covered con-
tract’’ means a contract relating to which a prime contractor is
required to develop a subcontracting plan under paragraph (4)
or (5).
(B) NOTICE.—
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(i) IN GENERAL.—A prime contractor for a covered con-
tract shall notify in writing the contracting officer for the
covered contract if the prime contractor pays a reduced
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125
price to a subcontractor for goods and services upon com-
pletion of the responsibilities of the subcontractor or the
payment to a subcontractor is more than 90 days past due
for goods or services provided for the covered contract for
which the Federal agency has paid the prime contractor.
(ii) CONTENTS.—A prime contractor shall include the
reason for the reduction in a payment to or failure to pay
a subcontractor in any notice made under clause (i).
(C) PERFORMANCE.—A contracting officer for a covered con-
tract shall consider the unjustified failure by a prime con-
tractor to make a full or timely payment to a subcontractor in
evaluating the performance of the prime contractor.
(D) CONTROL OF FUNDS.—If the contracting officer for a cov-
ered contract determines that a prime contractor has a history
of unjustified, untimely payments to contractors, the con-
tracting officer shall record the identity of the contractor in ac-
cordance with the regulations promulgated under subpara-
graph (E).
(E) REGULATIONS.—Not later than 1 year after the date of
enactment of this paragraph, the Federal Acquisition Regu-
latory Council established under section 25(a) of the Office of
Federal Procurement Policy Act (41 U.S.C. 421(a)) shall amend
the Federal Acquisition Regulation issued under section 25 of
such Act to—
(i) describe the circumstances under which a contractor
may be determined to have a history of unjustified, un-
timely payments to subcontractors;
(ii) establish a process for contracting officers to record
the identity of a contractor described in clause (i); and
(iii) require the identity of a contractor described in
clause (i) to be incorporated in, and made publicly avail-
able through, the Federal Awardee Performance and Integ-
rity Information System, or any successor thereto.
(14) An offeror for a covered contract that intends to identify
a small business concern as a potential subcontractor in a bid
or proposal for the contract, or in a plan submitted pursuant
to this subsection in connection with the contract, shall notify
the small business concern prior to making such identification.
(15) The Administrator shall establish a reporting mecha-
nism that allows a subcontractor or potential subcontractor to
report fraudulent activity or bad faith by a contractor with re-
spect to a subcontracting plan submitted pursuant to this sub-
section.
(16) CREDIT FOR CERTAIN SMALL BUSINESS CONCERN SUB-
CONTRACTORS.—
(A) IN GENERAL.—For purposes of determining whether
or not a prime contractor has attained the percentage
goals specified in paragraph (6)—
(i) if the subcontracting goals pertain only to a sin-
gle contract with a Federal agency, the prime con-
tractor may elect to receive credit for small business
concerns performing as first tier subcontractors or
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subcontractors at any tier pursuant to the subcon-
tracting plans required under paragraph (6)(D) in an
amount equal to the total dollar value of any sub-
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contracts awarded to such small business concerns;
and
(ii) if the subcontracting goals pertain to more than
one contract with one or more Federal agencies, or to
one contract with more than one Federal agency, the
prime contractor may only receive credit for first tier
subcontractors that are small business concerns.
(B) COLLECTION AND REVIEW OF DATA ON SUBCON-
TRACTING PLANS.—The head of each contracting agency
shall ensure that the agency—
(i) collects and reports data on the extent to which
prime contractors of the agency meet the goals and ob-
jectives set forth in subcontracting plans submitted
pursuant to this subsection; and
(ii) periodically reviews data collected and reported
pursuant to clause (i) for the purpose of ensuring that
such contractors comply in good faith with the require-
ments of this subsection.
(C) RULE OF CONSTRUCTION.—Nothing in this paragraph
shall be construed to allow a Federal agency to establish
a goal for an number of subcontracts with a subcontractor
at any tier for a prime contractor otherwise eligible to re-
ceive credit under this paragraph.
(17) PAST PERFORMANCE RATINGS FOR CERTAIN SMALL BUSI-
NESS SUBCONTRACTORS.—Upon request by a small business
concern that performed as a first tier subcontractor on a cov-
ered contract (as defined in paragraph (13)(A)), the prime con-
tractor for such covered contract shall submit to such small
business concern a record of past performance for such small
business concern with respect to such covered contract. If a
small business concern elects to use such record of past per-
formance, a contracting officer shall consider such record of
past performance when evaluating an offer for a prime contract
made by such small business concern.
(e)(1) Except as provided in subsection (g)—
(A) an executive agency intending to—
(i) solicit bids or proposals for a contract for property or
services for a price expected to exceed $25,000; or
(ii) place an order, expected to exceed $25,000, under a
basic agreement, basis ordering agreement, or similar ar-
rangement,
shall publish a notice described in subsection (f);
(B) an executive agency intending to solicit bids or proposals
for a contract for property or services shall post, for a period
of not less than ten days, in a public place at the contracting
office issuing the solicitation a notice of solicitation described
in subsection (f)—
(i) in the case of an executive agency other than the De-
partment of Defense, if the contract is for a price expected
to exceed $10,000, but not to exceed $25,000; and
(ii) in the case of the Department of Defense, if the con-
tract is for a price expected to exceed $5,000, but not to ex-
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ceed $25,000; and
(C) an executive agency awarding a contract for property or
services for a price exceeding $100,000, or placing an order re-
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127
ferred to in clause (A)(ii) exceeding $100,000, shall furnish for
publication by the Secretary of Commerce a notice announcing
the award or order if there is likely to be any subcontract
under such contract or order.
(2)(A) A notice of solicitation required to be published under
paragraph (1) may be published—
(i) by electronic means that meet the accessibility require-
ments under section 18(a)(7) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 416(a)(7)); or
(ii) by the Secretary of Commerce in the Commerce Business
Daily.
(B) The Secretary of Commerce shall promptly publish in the
Commerce Business Daily each notice or announcement received
under this subsection for publication by that means.
(3) Whenever an executive agency is required by paragraph
(1)(A) to publish a notice of solicitation, such executive agency may
not—
(A) issue the solicitation earlier than 15 days after the date
on which the notice is published; or
(B) in the case of a contract or order estimated to be greater
than the simplified acquisition threshold, establish a deadline
for the submission of all bids or proposals in response to the
notice required by paragraph (1)(A) that—
(i) in the case of an order under a basic agreement, basic
ordering agreement, or similar arrangement, is earlier
than the date 30 days after the date the notice required
by paragraph (1)(A)(ii) is published;
(ii) in the case of a solicitation for research and develop-
ment, is earlier than the date 45 days after the date the
notice required by paragraph (1)(A)(i) is published; or
(iii) in any other case, is earlier than the date 30 days
after the date the solicitation is issued.
(f) Each notice of solicitation required by subparagraph (A) or (B)
of subsection (e)(1) shall include—
(1) an accurate description of the property or services to be
contracted for, which description (A) shall not be unnecessarily
restrictive of competition, and (B) shall include, as appropriate,
the agency nomenclature, National Stock Number or other part
number, and a brief description of the item’s form, fit, or func-
tion, physical dimensions, predominant material of manufac-
ture, or similar information that will assist a prospective con-
tractor to make an informed business judgment as to whether
a copy of the solicitation should be requested;
(2) provisions that—
(A) state whether the technical data required to respond
to the solicitation will not be furnished as part of such so-
licitation, and identify the source in the Government, if
any, from which the technical data may be obtained; and
(B) state whether an offeror, its product, or service must
meet a qualification requirement in order to be eligible for
award, and, if so, identify the office from which a qualifica-
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tion requirement may be obtained;
(3) the name, business address, and telephone number of the
contracting officer;
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128
(4) a statement that all responsible sources may submit a
bid, proposal, or quotation (as appropriate) which shall be con-
sidered by the agency;
(5) in the case of a procurement using procedures other than
competitive procedures, a statement of the reason justifying
the use of such procedures and the identity of the intended
source; and
(6) in the case of a contract in an amount estimated to be
greater than $25,000 but not greater than the simplified acqui-
sition threshold—
(A) a description of the procedures to be used in award-
ing the contract; and
(B) a statement specifying the periods for prospective
offerors and the contracting officer to take the necessary
preaward and award actions.
(g)(1) A notice is not required under subsection (e)(1) if—
(A) the proposed procurement is for an amount not greater
than the simplified acquisition threshold and is to be con-
ducted by—
(i) using widespread electronic public notice of the solici-
tation in a form that allows convenient and universal user
access through a single, Government-wide point of entry;
and
(ii) permitting the public to respond to the solicitation
electronically.
(B) the notice would disclose the executive agency’s needs
and the disclosure of such needs would compromise the na-
tional security;
(C) the proposed procurement would result from acceptance
of—
(i) any unsolicited proposal that demonstrates a unique
and innovative research concept and the publication of any
notice of such unsolicited research proposal would disclose
the originality of thought or innovativeness of the proposal
or would disclose proprietary information associated with
the proposal; or
(ii) a proposal submitted under section 9 of this Act;
(D) the procurement is made against an order placed under
a requirements contract;
(E) the procurement is made for perishable subsistence sup-
plies;
(F) the procurement is for utility services, other than tele-
communication services, and only one source is available; or
(G) the procurement is for the services of an expert for use
in any litigation or dispute (including preparation for any fore-
seeable litigation or dispute) that involves or could involve the
Federal Government in any trial, hearing, or proceeding before
any court, administrative tribunal, or agency, or in any part of
an alternative dispute resolution process, whether or not the
expert is expected to testify.
(2) The requirements of subsection (a)(1)(A) do not apply to any
procurement under conditions described in paragraph (2), (3), (4),
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(5), or (7) of section 303(c) of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 253(c)) or paragraph (2), (3),
(4), (5), and (7) of section 3204(a) of title 10, United States Code.
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129
(3) The requirements of subsection (a)(1)(A) shall not apply in the
case of any procurement for which the head of the executive agency
makes a determination in writing, after consultation with the Ad-
ministrator for Federal Procurement Policy and the Administrator
of the Small Business Administration, that it is not appropriate or
reasonable to publish a notice before issuing a solicitation.
(h)(1) An executive agency may not award a contract using proce-
dures other than competitive procedures unless—
(A) except as provided in paragraph (2), a written justifica-
tion for the use of such procedures has been approved—
(i) in the case of a contract for an amount exceeding
$100,000 (but equal to or less than $1,000,000), by the ad-
vocate for competition for the procuring activity (without
further delegation);
(ii) in the case of a contract for an amount exceeding
$1,000,000 (but equal to or less than $10,000,000), by the
head of the procuring activity or a delegate who, if a mem-
ber of the Armed Forces, is a general or flag officer, or, if
a civilian, is serving in a position in grade GS–16 or above
under the General Schedule (or in a comparable or higher
position under another schedule); or
(iii) in the case of a contract for an amount exceeding
$10,000,000, by the senior procurement executive of the
agency designated pursuant to section 16(3) of the Office
of Federal Procurement Policy Act (41 U.S.C. 414(3)) (with-
out further delegation); and
(B) all other requirements applicable to the use of such pro-
cedures under title III of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 251 et sq.) or sections 3201
through 3205 of title 10, United States Code, as appropriate,
have been satisfied.
(2) The same exceptions as are provided in section 303(f)(2) of the
Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253(f)(2)) or paragraphs (3) and (4) of section 3204(e) of title
10, United States Code, shall apply with respect to the require-
ments of paragraph (1)(A) of this subsection in the same manner
as such exceptions apply to the requirements of section 303(f)(1) of
such Act or paragraphs (3) and (4) of section 3204(e) of such title,
as appropriate.
(i) An executive agency shall make available to any business con-
cern, or the authorized representative of such concern, the complete
solicitation package for any on-going procurement announced pur-
suant to a notice under subsection (e). An executive agency may re-
quire the payment of a fee, not exceeding the actual cost of duplica-
tion, for a copy of such package.
(j) For purposes of this section, the term ‘‘executive agency’’ has
the meaning provided such term in section 4(1) of the Office of Fed-
eral Procurement Policy Act (41 U.S.C. 403(1)).
(k) NOTICES OF SUBCONTRACTING OPPORTUNITIES.—
(1) IN GENERAL.—Notices of subcontracting opportunities
may be submitted for publication on the appropriate Federal
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Web site (as determined by the Administrator) by—
(A) a business concern awarded a contract by an execu-
tive agency subject to subsection (e)(1)(C); and
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130
(B) a business concern that is a subcontractor or sup-
plier (at any tier) to such contractor having a subcon-
tracting opportunity in excess of $10,000.
(2) CONTENT OF NOTICE.—The notice of a subcontracting op-
portunity shall include—
(A) a description of the business opportunity that is com-
parable to the description specified in paragraphs (1), (2),
(3), and (4) of subsection (f); and
(B) the due date for receipt of offers.
(l) MANAGEMENT ASSISTANCE FOR SMALL BUSINESSES AFFECTED
BY MILITARY OPERATIONS.—
(1) IN GENERAL.—The Administration shall utilize, as appro-
priate, its entrepreneurial development and management as-
sistance programs, including programs involving State or pri-
vate sector partners, to provide business counseling and train-
ing to any small business concern adversely affected by the de-
ployment of units of the Armed Forces of the United States in
support of a period of military conflict.
(2) DEFINITION OF PERIOD OF MILITARY CONFLICT.—In this
subsection, the term ‘‘period of military conflict’’ means—
(A) a period of war declared by the Congress;
(B) a period of national emergency declared by the Con-
gress or by the President; or
(C) a period of a contingency operation, as defined in sec-
tion 101(a) of title 10, United States Code.
(m) PROCUREMENT PROGRAM FOR WOMEN-OWNED SMALL BUSI-
NESS CONCERNS.—
(1) DEFINITIONS.—In this subsection, the following defini-
tions apply:
(A) CONTRACTING OFFICER.—The term ‘‘contracting offi-
cer’’ has the meaning given such term in section 27(f)(5) of
the Office of Federal Procurement Policy Act (41 U.S.C.
423(f)(5)).
(B) SMALL BUSINESS CONCERN OWNED AND CONTROLLED
BY WOMEN.—The term ‘‘small business concern owned and
controlled by women’’ has the meaning given such term in
section 3(n), except that ownership shall be determined
without regard to any community property law.
(2) AUTHORITY TO RESTRICT COMPETITION.—In accordance
with this subsection, a contracting officer may restrict competi-
tion for any contract for the procurement of goods or services
by the Federal Government to small business concerns owned
and controlled by women, if—
(A) each of the concerns is not less than 51 percent
owned by one or more women who are economically dis-
advantaged (and such ownership is determined without re-
gard to any community property law);
(B) the contracting officer has a reasonable expectation
that two or more small business concerns owned and con-
trolled by women will submit offers for the contract;
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(C) the contract is for the procurement of goods or serv-
ices with respect to an industry identified by the Adminis-
trator pursuant to paragraph (3);
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131
(D) in the estimation of the contracting officer, the con-
tract award can be made at a fair and reasonable price;
and
(E) each of the concerns is certified by a Federal agency,
a State government, the Administrator, or a national certi-
fying entity approved by the Administrator as a small
business concern owned and controlled by women.
(3) WAIVER.—With respect to a small business concern
owned and controlled by women, the Administrator may waive
subparagraph (2)(A) if the Administrator determines that the
concern is in an industry in which small business concerns
owned and controlled by women are substantially underrep-
resented.
(4) IDENTIFICATION OF INDUSTRIES.—The Administrator shall
conduct a study to identify industries in which small business
concerns owned and controlled by women are underrepresented
with respect to Federal procurement contracting.
(5) ENFORCEMENT; PENALTIES.—
(A) VERIFICATION OF ELIGIBILITY.—In carrying out this
subsection, the Administrator shall establish procedures
relating to—
(i) the filing, investigation, and disposition by the
Administration of any challenge to the eligibility of a
small business concern to receive assistance under this
subsection (including a challenge, filed by an inter-
ested party, relating to the veracity of a certification
made or information provided to the Administration
by a small business concern under paragraph (2)(E));
and
(ii) verification by the Administrator of the accuracy
of any certification made or information provided to
the Administration by a small business concern under
paragraph (2)(E).
(B) EXAMINATIONS.—The procedures established under
subparagraph (A) may provide for program examinations
(including random program examinations) by the Adminis-
trator of any small business concern making a certification
or providing information to the Administrator under para-
graph (2)(E).
(C) PENALTIES.—In addition to the penalties described in
section 16(d), any small business concern that is deter-
mined by the Administrator to have misrepresented the
status of that concern as a small business concern owned
and controlled by women for purposes of this subsection,
shall be subject to—
(i) section 1001 of title 18, United States Code; and
(ii) sections 3729 through 3733 of title 31, United
States Code.
(6) PROVISION OF DATA.—Upon the request of the Adminis-
trator, the head of any Federal department or agency shall
promptly provide to the Administrator such information as the
Administrator determines to be necessary to carry out this sub-
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section.
(7) AUTHORITY FOR SOLE SOURCE CONTRACTS FOR ECONOMI-
CALLY DISADVANTAGED SMALL BUSINESS CONCERNS OWNED AND
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132
CONTROLLED BY WOMEN.—A contracting officer may award a
sole source contract under this subsection to any small busi-
ness concern owned and controlled by women described in
paragraph (2)(A) and certified under paragraph (2)(E) if—
(A) such concern is determined to be a responsible con-
tractor with respect to performance of the contract oppor-
tunity and the contracting officer does not have a reason-
able expectation that 2 or more businesses described in
paragraph (2)(A) will submit offers;
(B) the anticipated award price of the contract (including
options) will not exceed—
(i) $7,000,000, in the case of a contract opportunity
assigned a standard industrial classification code for
manufacturing; or
(ii) $4,000,000, in the case of any other contract op-
portunity; and
(C) in the estimation of the contracting officer, the con-
tract award can be made at a fair and reasonable price.
(8) AUTHORITY FOR SOLE SOURCE CONTRACTS FOR SMALL BUSI-
NESS CONCERNS OWNED AND CONTROLLED BY WOMEN IN SUB-
STANTIALLY UNDERREPRESENTED INDUSTRIES.—A contracting of-
ficer may award a sole source contract under this subsection
to any small business concern owned and controlled by women
certified under paragraph (2)(E) that is in an industry in which
small business concerns owned and controlled by women are
substantially underrepresented (as determined by the Adminis-
trator under paragraph (3)) if—
(A) such concern is determined to be a responsible con-
tractor with respect to performance of the contract oppor-
tunity and the contracting officer does not have a reason-
able expectation that 2 or more businesses in an industry
that has received a waiver under paragraph (3) will sub-
mit offers;
(B) the anticipated award price of the contract (including
options) will not exceed—
(i) $7,000,000, in the case of a contract opportunity
assigned a standard industrial classification code for
manufacturing; or
(ii) $4,000,000, in the case of any other contract op-
portunity; and
(C) in the estimation of the contracting officer, the con-
tract award can be made at a fair and reasonable price.
(n) BUSINESS GRANTS AND COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—In accordance with this subsection, the Ad-
ministrator may make grants to and enter into cooperative
agreements with any coalition of private entities, public enti-
ties, or any combination of private and public entities—
(A) to expand business-to-business relationships between
large and small businesses; and
(B) to provide businesses, directly or indirectly, with on-
line information and a database of companies that are in-
terested in mentor-protege programs or community-based,
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statewide, or local business development programs.
(2) MATCHING REQUIREMENT.—Subject to subparagraph (B),
the Administrator may make a grant to a coalition under para-
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133
graph (1) only if the coalition provides for activities described
in paragraph (1)(A) or (1)(B) an amount, either in kind or in
cash, equal to the grant amount.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this subsection $6,600,000, to
remain available until expended, for each of fiscal years 2001
through 2006.
* * * * * * *
SEC. 20. (a)(1) For fiscal year 2000 and each fiscal year there-
after, there are authorized to be appropriated such sums as may
be necessary and appropriate, to remain available until expended,
and to be available solely—
(A) to carry out the Small Business Development Center Pro-
gram under section 21, but not to exceed the annual funding
level, as specified in section 21(a);
(B) to pay the expenses of the National Small Business De-
velopment Center Advisory Board, as provided in section 21(i);
(C) to pay the expenses of the information sharing system,
as provided in section 21(c)(8);
(D) to pay the expenses of the association referred to in sec-
tion 21(a)(3)(A) for conducting the accreditation program, as
provided in section 21(k)(2);
(E) to pay the expenses of the Administration, including sal-
aries of examiners, for conducting examinations as part of the
accreditation program conducted by the association referred to
in section 21(a)(3)(A); and
(F) to pay for small business development center grants
as mandated or directed by Congress.
(2) Notwithstanding any other provision of law, the Administra-
tion shall enter into commitments for direct loans and to guarantee
loans, debentures, payment of rentals, or other amounts due under
qualified contracts and other types of financial assistance and enter
into commitments to purchase debentures and preferred securities
and to guarantee sureties against loss pursuant to programs under
this Act and the Small Business Investment Act of 1958, in the full
amounts provided by law subject only to (A) the availability of
qualified applications, and (B) limitations contained in appropria-
tions Acts. Nothing in this paragraph authorizes the Administra-
tion to reduce or limit its authority to enter into such commit-
ments. Subject to approval in appropriations Acts, amounts author-
ized for preferred securities, debentures or participating securities
under title III of the Small Business Investment Act of 1958 may
be obligated in one fiscal year and disbursed or guaranteed in any
1 or more of the 4 subsequent fiscal years.
(3) There are authorized to be transferred from the disaster loan
revolving fund such sums as may be necessary and appropriate for
administrative expenses of the Administration.
(4) Except as may be otherwise specifically provided by law, the
amount of deferred participation loans authorized in this section—
(A) shall mean the net amount of the loan principal guaran-
teed by the Small Business Administration (and does not in-
clude any amount which is not guaranteed); and
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(B) shall be available for a national program, except that the
Administration may use not more than an amount equal to 10
percent of the amount authorized each year for any special or
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134
pilot program directed to identified sectors of the small busi-
ness community or to specific geographic regions of the United
States.
(b) There are authorized to be appropriated to the Administra-
tion for fiscal year 1991 such sums as may be necessary to carry
out the provisions of this Act and the Small Business Investment
Act of 1958. There also are hereby authorized to be appropriated
such sums as may be necessary and appropriate for the carrying
out of the provisions and purposes, including administrative ex-
penses, of sections 7(b)(1) and 7(b)(2) of this Act; and there are au-
thorized to be transferred from the disaster loan revolving fund
such sums as may be necessary and appropriate for such adminis-
trative expenses.
(c) DISASTER MITIGATION PILOT PROGRAM.—The following pro-
gram levels are authorized for loans under section 7(b)(1)(C):
(1) $15,000,000 for fiscal year 2005.
(2) $15,000,000 for fiscal year 2006.
(d) FISCAL YEAR 2005.—
(1) PROGRAM LEVELS.—The following program levels are au-
thorized for fiscal year 2005:
(A) For the programs authorized by this Act, the Admin-
istration is authorized to make—
(i) $75,000,000 in technical assistance grants, as
provided in section 7(m); and
(ii) $105,000,000 in direct loans, as provided in 7(m).
(B) For the programs authorized by this Act, the Admin-
istration is authorized to make $23,050,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make—
(i) $16,500,000,000 in general business loans, as pro-
vided in section 7(a);
(ii) $6,000,000,000 in certified development company
financings, as provided in section 7(a)(13) and as pro-
vided in section 504 of the Small Business Investment
Act of 1958;
(iii) $500,000,000 in loans, as provided in section
7(a)(21); and
(iv) $50,000,000 in loans, as provided in section
7(m).
(C) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make—
(i) $4,250,000,000 in purchases of participating secu-
rities; and
(ii) $3,250,000,000 in guarantees of debentures.
(D) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Adminis-
tration is authorized to enter into guarantees not to exceed
$6,000,000,000, of which not more than 50 percent may be
in bonds approved pursuant to section 411(a)(3) of that
Act.
(E) The Administration is authorized to make grants or
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enter into cooperative agreements for a total amount of
$7,000,000 for the Service Corps of Retired Executives pro-
gram authorized by section 8(b)(1).
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135
(2) ADDITIONAL AUTHORIZATIONS.—
(A) There are authorized to be appropriated to the Ad-
ministration for fiscal year 2005 such sums as may be nec-
essary to carry out the provisions of this Act not elsewhere
provided for, including administrative expenses and nec-
essary loan capital for disaster loans pursuant to section
7(b), and to carry out the Small Business Investment Act
of 1958, including salaries and expenses of the Administra-
tion.
(B) Notwithstanding any other provision of this para-
graph, for fiscal year 2005—
(i) no funds are authorized to be used as loan capital
for the loan program authorized by section 7(a)(21) ex-
cept by transfer from another Federal department or
agency to the Administration, unless the program
level authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
(ii) the Administration may not approve loans on its
own behalf or on behalf of any other Federal depart-
ment or agency, by contract or otherwise, under terms
and conditions other than those specifically authorized
under this Act or the Small Business Investment Act
of 1958, except that it may approve loans under sec-
tion 7(a)(21) of this Act in gross amounts of not more
than $2,000,000.
(e) FISCAL YEAR 2006.—
(1) PROGRAM LEVELS.—The following program levels are au-
thorized for fiscal year 2006:
(A) For the programs authorized by this Act, the Admin-
istration is authorized to make—
(i) $80,000,000 in technical assistance grants, as
provided in section 7(m); and
(ii) $110,000,000 in direct loans, as provided in 7(m).
(B) For the programs authorized by this Act, the Admin-
istration is authorized to make $25,050,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make—
(i) $17,000,000,000 in general business loans, as pro-
vided in section 7(a);
(ii) $7,500,000,000 in certified development company
financings, as provided in section 7(a)(13) and as pro-
vided in section 504 of the Small Business Investment
Act of 1958;
(iii) $500,000,000 in loans, as provided in section
7(a)(21); and
(iv) $50,000,000 in loans, as provided in section
7(m).
(C) For the programs authorized by title III of the Small
Business Investment Act of 1958, the Administration is
authorized to make—
(i) $4,500,000,000 in purchases of participating secu-
rities; and
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(ii) $3,500,000,000 in guarantees of debentures.
(D) For the programs authorized by part B of title IV of
the Small Business Investment Act of 1958, the Adminis-
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136
tration is authorized to enter into guarantees not to exceed
$6,000,000,000, of which not more than 50 percent may be
in bonds approved pursuant to section 411(a)(3) of that
Act.
(E) The Administration is authorized to make grants or
enter into cooperative agreements for a total amount of
$7,000,000 for the Service Corps of Retired Executives pro-
gram authorized by section 8(b)(1).
(2) ADDITIONAL AUTHORIZATIONS.—
(A) There are authorized to be appropriated to the Ad-
ministration for fiscal year 2006 such sums as may be nec-
essary to carry out the provisions of this Act not elsewhere
provided for, including administrative expenses and nec-
essary loan capital for disaster loans pursuant to section
7(b), and to carry out the Small Business Investment Act
of 1958, including salaries and expenses of the Administra-
tion.
(B) Notwithstanding any other provision of this para-
graph, for fiscal year 2006—
(i) no funds are authorized to be used as loan capital
for the loan program authorized by section 7(a)(21) ex-
cept by transfer from another Federal department or
agency to the Administration, unless the program
level authorized for general business loans under
paragraph (1)(B)(i) is fully funded; and
(ii) the Administration may not approve loans on its
own behalf or on behalf of any other Federal depart-
ment or agency, by contract or otherwise, under terms
and conditions other than those specifically authorized
under this Act or the Small Business Investment Act
of 1958, except that it may approve loans under sec-
tion 7(a)(21) of this Act in gross amounts of not more
than $2,000,000.
(f) FISCAL YEAR 2004 PURCHASE AND GUARANTEE AUTHORITY
UNDER TITLE III OF SMALL BUSINESS INVESTMENT ACT OF 1958.—
For fiscal year 2004, for the programs authorized by title III of the
Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the
Administration is authorized to make—
(1) $4,000,000,000 in purchases of participating securities;
and
(2) $3,000,000,000 in guarantees of debentures.
(g) AUTHORITY TO INCREASE AMOUNT OF GENERAL BUSINESS
LOANS.—
(1) IN GENERAL.—Subject to paragraphs (2) and (3) and with
respect to fiscal year 2019 and each fiscal year thereafter, if
the Administrator determines that the amount of commitments
by the Administrator for general business loans authorized
under section 7(a) for a fiscal year could exceed the limit on
the total amount of commitments the Administrator may make
for those loans under this Act, an appropriations Act, or any
other provision of law, the Administrator may make commit-
ments for those loans for that fiscal year in an aggregate
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amount equal to not more than 115 percent of that limit.
(2) NOTICE REQUIRED BEFORE EXERCISING AUTHORITY.—Not
later than 30 days before the date on which the Administrator
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137
intends to exercise the authority under paragraph (1), the Ad-
ministrator shall submit notice of intent to exercise the author-
ity to—
(A) the Committee on Small Business and Entrepreneur-
ship and the Subcommittee on Financial Services and Gen-
eral Government of the Committee on Appropriations of
the Senate; and
(B) the Committee on Small Business and the Sub-
committee on Financial Services and General Government
of the Committee on Appropriations of the House of Rep-
resentatives.
(3) LIMITATION.—The Administrator shall not exercise the
authority under paragraph (1) more than once during any fis-
cal year.
(h) MICROLOAN PROGRAM.—For each of fiscal years 2021 through
2025, the Administration is authorized to make—
(1) $80,000,000 in technical assistance grants, as provided in
section 7(m); and
(2) $110,000,000 in direct loans, as provided in section 7(m).
(i) SCORE PROGRAM.—There are authorized to be appropriated to
the Administrator to carry out the SCORE program authorized by
section 8(b)(1) such sums as are necessary for the Administrator to
make grants or enter into cooperative agreements in a total amount
that does not exceed $13,500,000 in each of fiscal years 2022 and
2023.
* * * * * * *
SEC. 22. OFFICE OF INTERNATIONAL TRADE.
(a) ESTABLISHMENT.—
(1) OFFICE.—There is established within the Administration
an Office of International Trade which shall implement the
programs pursuant to this section for the primary purposes of
increasing—
(A) the number of small business concerns that export;
and
(B) the volume of exports by small business concerns.
(2) ASSOCIATE ADMINISTRATOR.—The head of the Office shall
be the Associate Administrator for International Trade, who
shall be responsible to the Administrator.
(b) TRADE DISTRIBUTION NETWORK.—The Associate Adminis-
trator, working in close cooperation with the Secretary of Com-
merce, the United States Trade Representative, the Secretary of
Agriculture, the Secretary of State, the President of the Export-Im-
port Bank of the United States, the President of the Overseas Pri-
vate Investment Corporation, Director of the United States Trade
and Development Agency, and other relevant Federal agencies,
small business development centers engaged in export promotion
efforts, Export Assistance Centers, regional and district offices of
the Administration, the small business community, and relevant
State and local export promotion programs, shall—
(1) maintain a distribution network, using regional and dis-
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trict offices of the Administration, the small business develop-
ment center network, networks of women’s business centers,
the øService Corps of Retired Executives¿ SCORE program au-
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138
thorized by section 8(b)(1), and Export Assistance Centers, for
programs relating to—
(A) trade promotion;
(B) trade finance;
(C) trade adjustment assistance;
(D) trade remedy assistance; and
(E) trade data collection;
(2) aggressively market the programs described in paragraph
(1) and disseminate information, including computerized mar-
keting data, to small business concerns on exporting trends,
market-specific growth, industry trends, and international
prospects for exports;
(3) promote export assistance programs through the district
and regional offices of the Administration, the small business
development center network, Export Assistance Centers, the
network of women’s business centers, chapters of the øService
Corps of Retired Executives¿ SCORE program, State and local
export promotion programs, and partners in the private sector;
and
(4) give preference in hiring or approving the transfer of any
employee into the Office or to a position described in sub-
section (c)(9) to otherwise qualified applicants who are fluent
in a language in addition to English, to—
(A) accompany small business concerns on foreign trade
missions; and
(B) translate documents, interpret conversations, and fa-
cilitate multilingual transactions, including by providing
referral lists for translation services, if required.
(c) PROMOTION OF SALES OPPORTUNITIES.—The Associate Admin-
istrator shall promote sales opportunities for small business goods
and services abroad. To accomplish this objective the office shall—
(1) establish annual goals for the Office relating to—
(A) enhancing the exporting capability of small business
concerns and small manufacturers;
(B) facilitating technology transfers;
(C) enhancing programs and services to assist small
business concerns and small manufacturers to compete ef-
fectively and efficiently in foreign markets;
(D) increasing the ability of small business concerns to
access capital; and
(E) disseminating information concerning Federal, State,
and private programs and initiatives;
(2) in cooperation with the Department of Commerce, other
relevant agencies, regional and local Administration offices, the
Small Business Development Center network, and State pro-
grams, develop a mechanism for—
(A) identifying subsectors of the small business commu-
nity with strong export potential;
(B) identifying areas of demand in foreign markets;
(C) prescreening foreign buyers for commercial and cred-
it purposes; and
(D) assisting in increasing international marketing by
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disseminating relevant information regarding market
leads, linking potential sellers and buyers, and catalyzing
the formation of joint ventures, where appropriate;
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139
(3) in cooperation with the Department of Commerce, ac-
tively assist small business concerns in forming and using ex-
port trading companies, export management companies and re-
search and development pools authorized under section 9 of
this Act;
(4) work in conjunction with other Federal agencies, regional
and district offices of the Administration, the small business
development center network, and the private sector to identify
and publicize translation services, including those available
through colleges and universities participating in the small
business development center program;
(5) work closely with the Department of Commerce and other
relevant Federal agencies to—
(A) collect, analyze and periodically update relevant data
regarding the small business share of United States ex-
ports and the nature of State exports (including the pro-
duction of Gross State Product figures) and disseminate
that data to the public and to Congress;
(B) make recommendations to the Secretary of Com-
merce and to Congress regarding revision of the North
American Industry Classification System codes to encom-
pass industries currently overlooked and to create North
American Industry Classification System codes for export
trading companies and export management companies;
(C) improve the utility and accessibility of existing ex-
port promotion programs for small business concerns; and
(D) increase the accessibility of the Export Trading Com-
pany contact facilitation service;
(6) make available to the small business community informa-
tion regarding conferences on exporting and international
trade sponsored by the public and private sector;
(7) provide small business concerns with access to up to date
and complete export information by—
(A) making available, at the regional and district offices
of the Administration through cooperation with the De-
partment of Commerce, export information, including, but
not limited to, the worldwide information and trade system
and world trade data reports;
(B) maintaining a list of financial institutions that fi-
nance export operations;
(C) maintaining a directory of all Federal, regional,
State and private sector programs that provide export in-
formation and assistance to small business concerns; and
(D) preparing and publishing such reports as it deter-
mines to be necessary concerning market conditions,
sources of financing, export promotion programs, and other
information pertaining to the needs of small business ex-
port firms so as to insure that the maximum information
is made available to small business concerns in a readily
usable form;
(8) encourage through cooperation with the Department of
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Commerce, greater small business participation in trade fairs,
shows, missions, and other domestic and overseas export devel-
opment activities of the Department of Commerce;
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140
(9) facilitate decentralized delivery of export information and
assistance to small business concerns by assigning primary re-
sponsibility for export development to one individual in each
district office and providing each Administration regional office
with a full-time export development specialist, who shall—
(A) assist small business concerns in obtaining export in-
formation and assistance from other Federal departments
and agencies;
(B) maintain a directory of all programs which provide
export information and assistance to small business con-
cerns in the region;
(C) encourage financial institutions to develop and ex-
pand programs for export financing;
(D) provide advice to personnel of the Administration in-
volved in making loans, loan guarantees, and extensions
and revolving lines of credit, and providing other forms of
assistance to small business concerns engaged in exports;
(E) within one hundred and eighty days of their appoint-
ment, participate in training programs designed by the Ad-
ministrator, in conjunction with the Department of Com-
merce and other Federal departments and agencies, to
study export programs and to examine the needs of small
business concerns for export information and assistance;
(F) participate, jointly with employees of the Office, in
an annual training program that focuses on current small
business needs for exporting; and
(G) develop and conduct training programs for exporters
and lenders, in cooperation with the Export Assistance
Centers, the Department of Commerce, the Department of
Agriculture, small business development centers, women’s
business centers, the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, and
other relevant Federal agencies;
(10) make available on the website of the Administration the
name and contact information of each individual described in
paragraph (9);
(11) carry out a nationwide marketing effort using tech-
nology, online resources, training, and other strategies to pro-
mote exporting as a business development opportunity for
small business concerns;
(12) disseminate information to the small business commu-
nity through regional and district offices of the Administration,
the small business development center network, Export Assist-
ance Centers, the network of women’s business centers, chap-
ters of the øService Corps of Retired Executives¿ SCORE pro-
gram authorized by section 8(b)(1), State and local export pro-
motion programs, and partners in the private sector regarding
exporting trends, market-specific growth, industry trends, and
prospects for exporting; and
(13) establish and carry out training programs for the staff
of the regional and district offices of the Administration and
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resource partners of the Administration on export promotion
and providing assistance relating to exports.
(d) EXPORT FINANCING PROGRAMS.—
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141
(1) IN GENERAL.—The Associate Administrator shall work in
cooperation with the Export-Import Bank of the United States,
the Department of Commerce, other relevant Federal agencies,
and the States to develop a program through which export spe-
cialists in the regional offices of the Administration, regional
and local loan officers, and Small Business Development Cen-
ter personnel can facilitate the access of small businesses to
relevant export financing programs of the Export-Import Bank
of the United States and to export and pre-export financing
programs available from the Administration and the private
sector.
(2) TRADE FINANCE SPECIALIST.—To accomplish the goal es-
tablished under paragraph (1), the Associate Administrator
shall—
(A) designate at least 1 individual within the Adminis-
tration as a trade finance specialist to oversee inter-
national loan programs and assist Administration employ-
ees with trade finance issues; and
(B) work in cooperation with the Export-Import Bank
and the small business community, including small busi-
ness trade associations, to—
(i) aggressively market existing Administration ex-
port financing and pre-export financing programs;
(ii) identify financing available under various Ex-
port-Import Bank programs, and aggressively market
those programs to small businesses;
(iii) assist in the development of financial inter-
mediaries and facilitate the access of those inter-
mediaries to existing financing programs;
(iv) promote greater participation by private finan-
cial institutions, particularly those institutions already
participating in loan programs under this Act, in ex-
port finance; and
(v) provide for the participation of appropriate Ad-
ministration personnel in training programs conducted
by the Export-Import Bank.
(e) TRADE REMEDIES.—The Associate Administrator shall—
(1) work in cooperation with other Federal agencies and the
private sector to counsel small businesses with respect to initi-
ating and participating in any proceedings relating to the ad-
ministration of the United States trade laws; and
(2) work with the Department of Commerce, the Office of the
United States Trade Representative, and the International
Trade Commission to increase access to trade remedy pro-
ceedings for small businesses.
(f) REPORTING REQUIREMENT.—The Associate Administrator shall
submit an annual report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Busi-
ness of the House of Representatives that contains—
(1) a description of the progress of the Office in imple-
menting the requirements of this section;
(2) a detailed account of the results of export growth activi-
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ties of the Administration, including the activities of each dis-
trict and regional office of the Administration, based on the
performance measures described in subsection (i);
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142
(3) an estimate of the total number of jobs created or re-
tained as a result of export assistance provided by the Admin-
istration and resource partners of the Administration;
(4) for any travel by the staff of the Office, the destination
of such travel and the benefits to the Administration and to
small business concerns resulting from such travel; and
(5) a description of the participation by the Office in trade
negotiations.
(g) STUDIES.—The Associate Administrator, in cooperation, where
appropriate, with the Division of Economic Research of the Office
of Advocacy, and with other Federal agencies, shall undertake
studies regarding the following issues and shall report to the Com-
mittees on Small Business of the House of Representatives and the
Senate, and to other relevant Committees of the House and Senate
within 6 months after the date of enactment of the Small Business
International Trade and Competitiveness Act with specific rec-
ommendations on—
(1) the viability and cost of establishing an annual, competi-
tive small business export incentive program similar to the
Small Business Innovation Research program and alternative
methods of structuring such a program;
(2) methods of streamlining trade remedy proceedings to in-
crease access for, and reduce expenses incurred by, smaller
firms;
(3) methods of improving the current small business foreign
sales corporation tax incentives and providing small businesses
with greater benefits from this initiative;
(4) methods of identifying potential export markets for
United States small businesses; maintaining and dissemi-
nating current foreign market data; and devising a comprehen-
sive export marketing strategy for United States small busi-
ness goods and services, and shall include data on the volume
and dollar amount of goods and services, identified by type, im-
ported by United States trading partners over the past 10
years; and
(5) the results of a survey of major United States trading
partners to identify the domestic policies, programs and incen-
tives, and the private sector initiatives, which exist to encour-
age the formation and growth of small business.
(h) DISCHARGE OF INTERNATIONAL TRADE RESPONSIBILITIES OF
ADMINISTRATION.—The Administrator shall ensure that—
(1) the responsibilities of the Administration regarding inter-
national trade are carried out by the Associate Administrator;
(2) the Associate Administrator has sufficient resources to
carry out such responsibilities; and
(3) the Associate Administrator has direct supervision and
control over—
(A) the staff of the Office; and
(B) any employee of the Administration whose principal
duty station is an Export Assistance Center, or any suc-
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cessor entity.
(i) EXPORT AND TRADE COUNSELING.—
(1) DEFINITION.—In this subsection—
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143
(A) the term ‘‘lead small business development center’’
means a small business development center that has re-
ceived a grant from the Administration; and
(B) the term ‘‘lead women’s business center’’ means a
women’s business center that has received a grant from
the Administration.
(2) CERTIFICATION PROGRAM.—The Administrator shall estab-
lish an export and trade counseling certification program to
certify employees of lead small business development centers
and lead women’s business centers in providing export assist-
ance to small business concerns.
(3) NUMBER OF CERTIFIED EMPLOYEES.—The Administrator
shall ensure that the number of employees of each lead small
business development center who are certified in providing ex-
port assistance is not less than the lesser of—
(A) 5; or
(B) 10 percent of the total number of employees of the
lead small business development center.
(4) REIMBURSEMENT FOR CERTIFICATION.—
(A) IN GENERAL.—Subject to the availability of appro-
priations, the Administrator shall reimburse a lead small
business development center or a lead women’s business
center for costs relating to the certification of an employee
of the lead small business center or lead women’s business
center in providing export assistance under the program
established under paragraph (2).
(B) LIMITATION.—The total amount reimbursed by the
Administrator under subparagraph (A) may not exceed
$350,000 in any fiscal year.
(j) PERFORMANCE MEASURES.—
(1) IN GENERAL.—The Associate Administrator shall develop
performance measures for the Administration to support export
growth goals for the activities of the Office under this section
that include—
(A) the number of small business concerns that—
(i) receive assistance from the Administration;
(ii) had not exported goods or services before receiv-
ing the assistance described in clause (i); and
(iii) export goods or services;
(B) the number of small business concerns receiving as-
sistance from the Administration that export goods or
services to a market outside the United States into which
the small business concern did not export before receiving
the assistance;
(C) export revenues by small business concerns assisted
by programs of the Administration;
(D) the number of small business concerns referred to an
Export Assistance Center or a small business development
center by the staff of the Office;
(E) the number of small business concerns referred to
the Administration by an Export Assistance Center or a
small business development center; and
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(F) the number of small business concerns referred to
the Department of Commerce, the Department of Agri-
culture, the Department of State, the Export-Import Bank
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144
of the United States, the Overseas Private Investment
Corporation, or the United States Trade and Development
Agency by the staff of the Office, an Export Assistance
Center, or a small business development center.
(2) JOINT PERFORMANCE MEASURES.—The Associate Adminis-
trator shall develop joint performance measures for the district
offices of the Administration and the Export Assistance Cen-
ters that include the number of export loans made under—
(A) section 7(a)(16);
(B) the Export Working Capital Program established
under section 7(a)(14);
(C) the Preferred Lenders Program, as defined in section
7(a)(2)(C)(ii); and
(D) the export express program established under sec-
tion 7(a)(34).
(3) CONSISTENCY OF TRACKING.—The Associate Adminis-
trator, in coordination with the departments and agencies that
are represented on the Trade Promotion Coordinating Com-
mittee established under section 2312 of the Export Enhance-
ment Act of 1988 (15 U.S.C. 4727) and the small business de-
velopment center network, shall develop a system to track ex-
ports by small business concerns, including information relat-
ing to the performance measures developed under paragraph
(1), that is consistent with systems used by the departments
and agencies and the network.
(k) EXPORT ASSISTANCE CENTERS.—
(1) EXPORT FINANCE SPECIALISTS.—
(A) MINIMUM NUMBER OF EXPORT FINANCE SPECIAL-
ISTS.—On and after the date that is 90 days after the date
of enactment of this subsection, the Administrator, in co-
ordination with the Secretary of Commerce, shall ensure
that the number of export finance specialists is not less
than the number of such employees so assigned on Janu-
ary 1, 2003.
(B) EXPORT FINANCE SPECIALISTS ASSIGNED TO EACH RE-
GION OF THE ADMINISTRATION.—On and after the date that
is 2 years after the date of enactment of this subsection,
the Administrator, in coordination with the Secretary of
Commerce, shall ensure that there are not fewer than 3
export finance specialists in each region of the Administra-
tion.
(2) PLACEMENT OF EXPORT FINANCE SPECIALISTS.—
(A) PRIORITY.—The Administrator shall give priority, to
the maximum extent practicable, to placing employees of
the Administration at any Export Assistance Center that—
(i) had an Administration employee assigned to the
Export Assistance Center before January 2003; and
(ii) has not had an Administration employee as-
signed to the Export Assistance Center during the pe-
riod beginning January 2003, and ending on the date
of enactment of this subsection, either through retire-
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ment or reassignment.
(B) NEEDS OF EXPORTERS.—The Administrator shall, to
the maximum extent practicable, strategically assign Ad-
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145
ministration employees to Export Assistance Centers,
based on the needs of exporters.
(C) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to require the Administrator to reassign
or remove an export finance specialist who is assigned to
an Export Assistance Center on the date of enactment of
this subsection.
(3) GOALS.—The Associate Administrator shall work with the
Department of Commerce, the Export-Import Bank of the
United States, and the Overseas Private Investment Corpora-
tion to establish shared annual goals for the Export Assistance
Centers.
(4) OVERSIGHT.—The Associate Administrator shall designate
an individual within the Administration to oversee all activi-
ties conducted by Administration employees assigned to Export
Assistance Centers.
(l) STATE TRADE EXPANSION PROGRAM.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘eligible small business concern’’ means a
business concern that—
(i) is organized or incorporated in the United States;
(ii) is operating in the United States;
(iii) meets—
(I) the applicable industry-based small business
size standard established under section 3; or
(II) the alternate size standard applicable to the
program under section 7(a) of this Act and the
loan programs under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.);
(iv) has been in business for not less than 1 year, as
of the date on which assistance using a grant under
this subsection commences; and
(v) has access to sufficient resources to bear the
costs associated with trade, including the costs of
packing, shipping, freight forwarding, and customs
brokers;
(B) the term ‘‘program’’ means the State Trade Expan-
sion Program established under paragraph (2);
(C) the term ‘‘rural small business concern’’ means an el-
igible small business concern located in a rural area, as
that term is defined in section 1393(a)(2) of the Internal
Revenue Code of 1986;
(D) the term ‘‘socially and economically disadvantaged
small business concern’’ has the meaning given that term
in section 8(a)(4)(A) of the Small Business Act (15 U.S.C.
637(a)(4)(A)); and
(E) the term ‘‘State’’ means each of the several States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and American Samoa.
(2) ESTABLISHMENT OF PROGRAM.—The Associate Adminis-
trator shall establish a trade expansion program, to be known
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as the ‘‘State Trade Expansion Program’’, to make grants to
States to carry out programs that assist eligible small business
concerns in—
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(A) participation in foreign trade missions;
(B) a subscription to services provided by the Depart-
ment of Commerce;
(C) the payment of website fees;
(D) the design of marketing media;
(E) a trade show exhibition;
(F) participation in training workshops;
(G) a reverse trade mission;
(H) procurement of consultancy services (after consulta-
tion with the Department of Commerce to avoid duplica-
tion); or
(I) any other initiative determined appropriate by the
Associate Administrator.
(3) GRANTS.—
(A) JOINT REVIEW.—In carrying out the program, the As-
sociate Administrator may make a grant to a State to in-
crease the number of eligible small business concerns in
the State exploring significant new trade opportunities.
(B) CONSIDERATIONS.—In making grants under this sub-
section, the Associate Administrator may give priority to
an application by a State that proposes a program that—
(i) focuses on eligible small business concerns as
part of a trade expansion program;
(ii) demonstrates intent to promote trade expansion
by—
(I) socially and economically disadvantaged
small business concerns;
(II) small business concerns owned or controlled
by women; and
(III) rural small business concerns;
(iii) promotes trade facilitation from a State that is
not 1 of the 10 States with the highest percentage of
eligible small business concerns that are engaged in
international trade, based upon the most recent data
from the Department of Commerce; and
(iv) includes—
(I) activities which have resulted in the highest
return on investment based on the most recent
year; and
(II) the adoption of shared best practices in-
cluded in the annual report of the Administration.
(C) LIMITATIONS.—
(i) SINGLE APPLICATION.—A State may not submit
more than 1 application for a grant under the program
in any 1 fiscal year.
(ii) PROPORTION OF AMOUNTS.—The total value of
grants made under the program during a fiscal year to
the 10 States with the highest percentage of eligible
small business concerns, based upon the most recent
data available from the Department of Commerce,
shall be not more than 40 percent of the amounts ap-
propriated for the program for that fiscal year.
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(iii) DURATION.—The Associate Administrator shall
award a grant under this program for a period of not
more than 2 years.
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(D) APPLICATION.—
(i) IN GENERAL.—A State desiring a grant under the
program shall submit an application at such time, in
such manner, and accompanied by such information as
the Associate Administrator may establish.
(ii) CONSULTATION TO REDUCE DUPLICATION.—A
State desiring a grant under the program shall—
(I) before submitting an application under
clause (i), consult with applicable trade agencies
of the Federal Government on the scope and mis-
sion of the activities the State proposes to carry
out using the grant, to ensure proper coordination
and reduce duplication in services; and
(II) document the consultation conducted under
subclause (I) in the application submitted under
clause (i).
(4) COMPETITIVE BASIS.—The Associate Administrator shall
award grants under the program on a competitive basis.
(5) FEDERAL SHARE.—The Federal share of the cost of a trade
expansion program carried out using a grant under the pro-
gram shall be—
(A) for a State that has a high trade volume, as deter-
mined by the Associate Administrator, not more than 65
percent; and
(B) for a State that does not have a high trade volume,
as determined by the Associate Administrator, not more
than 75 percent.
(6) NON-FEDERAL SHARE.—The non-Federal share of the cost
of a trade expansion program carried out using a grant under
the program shall be comprised of not less than 50 percent
cash and not more than 50 percent of indirect costs and in-kind
contributions, except that no such costs or contributions may
be derived from funds from any other Federal program.
(7) REPORTS.—
(A) INITIAL REPORT.—Not later than 120 days after the
date of enactment of this subsection, the Associate Admin-
istrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives a report,
which shall include—
(i) a description of the structure of and procedures
for the program;
(ii) a management plan for the program; and
(iii) a description of the merit-based review process
to be used in the program.
(B) ANNUAL REPORTS.—
(i) IN GENERAL.—The Associate Administrator shall
publish on the website of the Administration an an-
nual report regarding the program, which shall in-
clude—
(I) the number and amount of grants made
under the program during the preceding year;
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(II) a list of the States receiving a grant under
the program during the preceding year, including
the activities being performed with each grant;
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(III) the effect of each grant on the eligible
small business concerns in the State receiving the
grant;
(IV) the total return on investment for each
State; and
(V) a description of best practices by States that
showed high returns on investment and signifi-
cant progress in helping more eligible small busi-
ness concerns.
(ii) NOTICE TO CONGRESS.—On the date on which the
Associate Administrator publishes a report under
clause (i), the Associate Administrator shall notify the
Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of
the House of Representatives that the report has been
published.
(8) REVIEWS BY INSPECTOR GENERAL.—
(A) IN GENERAL.—The Inspector General of the Adminis-
tration shall conduct a review of—
(i) the extent to which recipients of grants under the
program are measuring the performance of the activi-
ties being conducted and the results of the measure-
ments; and
(ii) the overall management and effectiveness of the
program.
(B) REPORTS.—
(i) PILOT PROGRAM.—Not later than 6 months after
the date of enactment of this subsection, the Inspector
General of the Administration shall submit to the
Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of
the House of Representatives a report regarding the
use of amounts made available under the State Trade
and Export Promotion Grant Program under section
1207 of the Small Business Jobs Act of 2010 (15
U.S.C. 649b note).
(ii) NEW STEP PROGRAM.—Not later than 18 months
after the date on which the first grant is awarded
under this subsection, the Inspector General of the Ad-
ministration shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Rep-
resentatives a report regarding the review conducted
under subparagraph (A).
(9) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the program $30,000,000 for
each of fiscal years 2016 through 2020.
(m) DEFINITIONS.—In this section—
(1) the term ‘‘Associate Administrator’’ means the Associate
Administrator for International Trade described in subsection
(a)(2);
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(2) the term ‘‘Export Assistance Center’’ means a one-stop
shop for United States exporters established by the United
States and Foreign Commercial Service of the Department of
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149
Commerce pursuant to section 2301(b)(8) of the Omnibus
Trade and Competitiveness Act of 1988 (15 U.S.C. 4721(b)(8));
(3) the term ‘‘export finance specialist’’ means a full-time
equivalent employee of the Office assigned to an Export Assist-
ance Center to carry out the duties described in subsection (e);
and
(4) the term ‘‘Office’’ means the Office of International Trade
established under subsection (a)(1).
* * * * * * *
SECTION 707 OF THE SMALL BUSINESS
REAUTHORIZATION ACT OF 1997
SEC. 707. ENTREPRENEURIAL TRAINING, COUNSELING, AND MANAGE-
MENT ASSISTANCE.
The Administrator shall take such actions as may be necessary
to ensure that small business concerns owned and controlled by eli-
gible veterans have access to programs established under the Small
Business Act that provide entrepreneurial training, business devel-
opment assistance, counseling, and management assistance to
small business concerns, including, among others, the Small Busi-
ness Development Center program and the øService Corps of Re-
tired Executives (SCORE) program¿ SCORE program (as defined
in section 8(c)(1) of the Small Business Act).
VETERANS ENTREPRENEURSHIP AND SMALL BUSINESS
DEVELOPMENT ACT OF 1999
* * * * * * *
TITLE III—TECHNICAL ASSISTANCE
SEC. 301. SCORE PROGRAM.
(a) IN GENERAL.—The Administrator of the Small Business Ad-
ministration shall enter into a memorandum of understanding with
the øService Core of Retired Executives¿ SCORE program (de-
scribed in section 8(b)(1)(B) of the Small Business Act (15 U.S.C.
637(b)(1)(B)) and in this section referred to as ‘‘SCORE’’) to provide
for the following:
(1) The appointment by SCORE in its national office of an
individual to act as National Veterans Business Coordinator,
whose duties shall relate exclusively to veterans business mat-
ters, and who shall be responsible for the establishment and
administration of a program to coordinate counseling and
training regarding entrepreneurship to veterans through the
chapters of SCORE throughout the United States.
(2) The assistance of SCORE in the establishing and main-
taining a toll-free telephone number and an Internet website
to provide access for veterans to information about the coun-
seling and training regarding entrepreneurship available to
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veterans through SCORE.
(3) The collection of statistics concerning services provided by
SCORE to veterans, including service-disabled veterans, for in-
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150
clusion in each annual report published by the Administrator
under section 4(b)(2)(B) of the Small Business Act (15 U.S.C.
633(b)(2)(B)).
(b) RESOURCES.—The Administrator shall provide to SCORE
such resources as the Administrator determines necessary for
SCORE to carry out the requirements of the memorandum of un-
derstanding specified in paragraph (1).
* * * * * * *
MILITARY RESERVIST AND VETERAN SMALL BUSINESS
REAUTHORIZATION AND OPPORTUNITY ACT OF 2008
* * * * * * *
SEC. 3. DEFINITIONS.
In this Act—
(1) the term ‘‘activated’’ means receiving an order placing a
Reservist on active duty;
(2) the term ‘‘active duty’’ has the meaning given that term
in section 101 of title 10, United States Code;
(3) the terms ‘‘Administration’’ and ‘‘Administrator’’ mean
the Small Business Administration and the Administrator
thereof, respectively;
(4) the term ‘‘Reservist’’ means a member of a reserve compo-
nent of the Armed Forces, as described in section 10101 of title
10, United States Code;
(5) the term ‘‘Service Corps of Retired Executives’’ means
øthe Service Corps of Retired Executives¿ the SCORE program
authorized by section 8(b)(1) of the Small Business Act (15
U.S.C. 637(b)(1));
(6) the terms ‘‘service-disabled veteran’’ and ‘‘small business
concern’’ have the meaning as in section 3 of the Small Busi-
ness Act (15 U.S.C. 632);
(7) the term ‘‘small business development center’’ means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648); and
(8) the term ‘‘women’s business center’’ means a women’s
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
* * * * * * *
CHILDREN’S HEALTH INSURANCE PROGRAM
REAUTHORIZATION ACT OF 2009
* * * * * * *
TITLE VI—PROGRAM INTEGRITY AND
OTHER MISCELLANEOUS PROVISIONS
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* * * * * * *
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Subtitle C—Other Provisions
SEC. 621. OUTREACH REGARDING HEALTH INSURANCE OPTIONS
AVAILABLE TO CHILDREN.
(a) DEFINITIONS.—In this section—
(1) the terms ‘‘Administration’’ and ‘‘Administrator’’ means
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ‘‘certified development company’’ means a devel-
opment company participating in the program under title V of
the Small Business Investment Act of 1958 (15 U.S.C. 695 et
seq.);
(3) the term ‘‘Medicaid program’’ means the program estab-
lished under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
ø(4) the term ‘‘Service Corps of Retired Executives’’ means
the Service Corps of Retired Executives authorized by section
8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));¿
(4) the term ‘‘SCORE program’’ means the SCORE program
authorized by section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B));
(5) the term ‘‘small business concern’’ has the meaning given
that term in section 3 of the Small Business Act (15 U.S.C.
632);
(6) the term ‘‘small business development center’’ means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(7) the term ‘‘State’’ has the meaning given that term for
purposes of title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.);
(8) the term ‘‘State Children’s Health Insurance Program’’
means the State Children’s Health Insurance Program estab-
lished under title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.);
(9) the term ‘‘task force’’ means the task force established
under subsection (b)(1); and
(10) the term ‘‘women’s business center’’ means a women’s
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
(b) ESTABLISHMENT OF TASK FORCE.—
(1) ESTABLISHMENT.—There is established a task force to
conduct a nationwide campaign of education and outreach for
small business concerns regarding the availability of coverage
for children through private insurance options, the Medicaid
program, and the State Children’s Health Insurance Program.
(2) MEMBERSHIP.—The task force shall consist of the Admin-
istrator, the Secretary of Health and Human Services, the Sec-
retary of Labor, and the Secretary of the Treasury.
(3) RESPONSIBILITIES.—The campaign conducted under this
subsection shall include—
(A) efforts to educate the owners of small business con-
cerns about the value of health coverage for children;
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(B) information regarding options available to the own-
ers and employees of small business concerns to make in-
surance more affordable, including Federal and State tax
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deductions and credits for health care-related expenses
and health insurance expenses and Federal tax exclusion
for health insurance options available under employer-
sponsored cafeteria plans under section 125 of the Internal
Revenue Code of 1986;
(C) efforts to educate the owners of small business con-
cerns about assistance available through public programs;
and
(D) efforts to educate the owners and employees of small
business concerns regarding the availability of the hotline
operated as part of the Insure Kids Now program of the
Department of Health and Human Services.
(4) IMPLEMENTATION.—In carrying out this subsection, the
task force may—
(A) use any business partner of the Administration, in-
cluding—
(i) a small business development center;
(ii) a certified development company;
(iii) a women’s business center; and
(iv) the øService Corps of Retired Executives¿
SCORE program;
(B) enter into—
(i) a memorandum of understanding with a chamber
of commerce; and
(ii) a partnership with any appropriate small busi-
ness concern or health advocacy group; and
(C) designate outreach programs at regional offices of
the Department of Health and Human Services to work
with district offices of the Administration.
(5) WEBSITE.—The Administrator shall ensure that links to
information on the eligibility and enrollment requirements for
the Medicaid program and State Children’s Health Insurance
Program of each State are prominently displayed on the
website of the Administration.
(6) REPORT.—
(A) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representa-
tives a report on the status of the nationwide campaign
conducted under paragraph (1).
(B) CONTENTS.—Each report submitted under subpara-
graph (A) shall include a status update on all efforts made
to educate owners and employees of small business con-
cerns on options for providing health insurance for chil-
dren through public and private alternatives.
* * * * * * *
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ENERGY POLICY AND CONSERVATION ACT
* * * * * * *
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TITLE III—IMPROVING ENERGY EFFICIENCY
* * * * * * *
PART B—ENERGY CONSERVATION PROGRAM FOR CONSUMER
PRODUCTS OTHER THAN AUTOMOBILES
* * * * * * *
CONSUMER EDUCATION
SEC. 337. (a) IN GENERAL.—The Secretary shall, in close coopera-
tion and coordination with the Commission and appropriate indus-
try trade associations and industry members, including retailers,
and interested consumer and environmental organizations, carry
out a program to educate consumers and other persons with re-
spect to—
(1) the significance of estimated annual operating costs;
(2) the way in which comparative shopping, including com-
parisons of estimated annual operating costs, can save energy
for the Nation and money for consumers; and
(3) such other matters as the Secretary determines may en-
courage the conservation of energy in the use of consumer
products.
Such steps to educate consumers may include publications, audio-
visual presentations, demonstrations, and the sponsorship of na-
tional and regional conferences involving manufacturers, distribu-
tors, retailers, and consumers, and State, local, and Federal Gov-
ernment representatives. Nothing in this section may be construed
to require the compilation of lists which compare the estimated an-
nual operating costs of consumer products by model or manufactur-
er’s name.
(b) STATE AND LOCAL INCENTIVE PROGRAMS.—(1) The Secretary
shall, not later than one year after the date of the enactment of
this subsection, issue recommendations to the States for estab-
lishing State and local incentive programs designed to encourage
the acceleration of voluntary replacement, by consumers, of exist-
ing showerheads, faucets, water closets, and urinals with those
products that meet the standards established for such products
pursuant to subsections (j) and (k) of section 325.
(2) In developing such recommendations, the Secretary shall con-
sult with the heads of other federal agencies, including the Admin-
istrator of the Environmental Protection Agency; State officials;
manufacturers, suppliers, and installers of plumbing products; and
other interested parties.
(c) HVAC MAINTENANCE.—(1) To ensure that installed air condi-
tioning and heating systems operate at maximum rated efficiency
levels, the Secretary shall, not later than 180 days after the date
of enactment of this subsection, carry out a program to educate
homeowners and small business owners concerning the energy sav-
ings from properly conducted maintenance of air conditioning, heat-
ing, and ventilating systems.
(2) The Secretary shall carry out the program under paragraph
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(1), on a cost-shared basis, in cooperation with the Administrator
of the Environmental Protection Agency and any other entities that
the Secretary determines to be appropriate, including industry
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154
trade associations, industry members, and energy efficiency organi-
zations.
(d) SMALL BUSINESS EDUCATION AND ASSISTANCE.—(1) The Ad-
ministrator of the Small Business Administration, in consultation
with the Secretary and the Administrator of the Environmental
Protection Agency, shall develop and coordinate a Government-
wide program, building on the Energy Star for Small Business Pro-
gram, to assist small businesses in—
(A) becoming more energy efficient;
(B) understanding the cost savings from improved energy ef-
ficiency;
(C) understanding and accessing Federal procurement oppor-
tunities with regard to Energy Star technologies and products;
and
(D) identifying financing options for energy efficiency up-
grades.
(2) The Secretary, the Administrator of the Environmental Pro-
tection Agency, and the Administrator of the Small Business Ad-
ministration shall—
(A) make program information available to small business
concerns directly through the district offices and resource part-
ners of the Small Business Administration, including small
business development centers, women’s business centers, and
the øService Corps of Retired Executives (SCORE)¿ SCORE
program, and through other Federal agencies, including the
Federal Emergency Management Agency and the Department
of Agriculture; and
(B) coordinate assistance with the Secretary of Commerce for
manufacturing-related efforts, including the Manufacturing Ex-
tension Partnership Program.
(3) The Secretary, on a cost shared basis in cooperation with the
Administrator of the Environmental Protection Agency, shall pro-
vide to the Small Business Administration all advertising, mar-
keting, and other written materials necessary for the dissemination
of information under paragraph (2).
(4) The Secretary, the Administrator of the Environmental Pro-
tection Agency, and the Administrator of the Small Business Ad-
ministration, as part of the outreach to small business concerns
under the Energy Star Program for Small Business Program, may
enter into cooperative agreements with qualified resources partners
(including the National Center for Appropriate Technology) to es-
tablish, maintain, and promote a Small Business Energy Clearing-
house (in this subsection referred to as the ‘‘Clearinghouse’’).
(5) The Secretary, the Administrator of the Environmental Pro-
tection Agency, and the Administrator of the Small Business Ad-
ministration shall ensure that the Clearinghouse provides a cen-
tralized resource where small business concerns may access, tele-
phonically and electronically, technical information and advice to
help increase energy efficiency and reduce energy costs.
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(6) There are authorized to be appropriated such sums as are
necessary to carry out this subsection, to remain available until ex-
pended.
* * * * * * *
Æ
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