15 U.S.C. § 636
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 business concern, including those owned by qualified Indian tribes, for purposes of this chapter. 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 (guaranteed) basis. These powers shall be subject, however, to the following restrictions, limitations, and provisions:
On that portion of the loan used to refinance existing indebtedness held by a bank or other lending institution, the Administration shall limit the amount of deferred participation to 80 per centum of the amount of the loan at the time of disbursement: 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.
Except as to agricultural enterprises as defined in section 647(b)(1) of this title, the Administration also is empowered to the extent and in such amounts as provided in advance in appropriation Acts-
Provided, That no loan or guarantee shall be extended pursuant 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 Administrator 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 Administrator shall accept applications for such assistance immediately.
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 extension 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 replace his home, or (ii) such concern to repair or replace plant or equipment which was damaged or destroyed as the result of a disaster 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 further, 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-eighth 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) hereof 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 paragraph (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 respect 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 provisions shall first be applied to reduce the principal sum of such loan which bears interest at the lower rates provided in this paragraph. The principal amount of any loan made pursuant to paragraph (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 determines 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 disaster. Not 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 Representatives, and the Committees of the Senate and House of Representatives having jurisdiction over measures relating to energy conservation, a report on its activities under this paragraph, including therein an evaluation of the effect of such activities on encouraging the installation of insulation in property which is repaired or replaced after a disaster which is subject to this paragraph, and its recommendations with respect to the continuation, modification, or termination of such activities.
In the administration of the disaster loan program under paragraphs (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 damage or injury is not compensated for by insurance or otherwise-
With respect to any loan referred to in clause (D) which is outstanding on August 16, 1972, the Administrator shall-
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.
In this subsection-
The Administrator shall carry out a program, to be known as the Private Disaster Assistance program, 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.
A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (b).
The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection.
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 paragraph may be considered for any other Federal assistance program for disaster relief.
In establishing an online application process under this paragraph, the Administrator shall consult with appropriate persons from the public and private sectors, including private lenders.
The Administrator may guarantee not more than 85 percent of a loan under this subsection.
The maximum amount of a loan guaranteed under this subsection shall be $2,000,000.
A loan guaranteed under this subsection shall be made under the same terms and conditions as a loan under subsection (b).
A loan guaranteed under this subsection made to-
If the Administrator determines that a preferred lender knowingly failed to comply with the underwriting standards for loans guaranteed under this subsection or violated the terms of the standard operating procedure agreement between that preferred lender and the Administration, the Administrator shall do 1 or more of the following:
The Administrator may not collect a guarantee fee under this subsection.
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 private lender or preferred lender and the Administrator.
A qualified private lender or preferred lender may use its own loan documentation for a loan guaranteed 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 becoming a qualified private lender under the regulations promulgated under paragraph (10).
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.
Not later than 6 months after the date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2008, the Administrator shall submit a report on the progress of the regulations 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 Representatives.
Amounts necessary to carry out this subsection shall be made available from amounts appropriated to the Administration to carry out subsection (b).
Funds appropriated to the Administration to carry out this subsection,9 may be used by the Administrator to meet the loan terms and conditions specified in paragraph (6).
The Administrator may enter into an agreement with a qualified private lender or preferred lender to purchase any loan guaranteed under this subsection.
With respect to any loan which is outstanding on April 18, 1984, and which was made on account of a disaster commencing on or after October 1, 1982, the Administrator shall make such change in the interest rate on the balance of such loan as is required herein effective as of April 18, 1984.
The Administration shall not fund any Small Business Development Center or any variation thereof, except as authorized in section 648 of this title.
In making loans under subsection (b), the Administrator may provide, to the person receiving the loan, an option to defer repayment on the loan.
The period of a deferment under subparagraph (A) may not exceed 4 years.
In making loans under subsection (b), the Administrator shall not require the borrower to pay any non-amortized amount for the first five years after repayment begins.
In carrying out its functions under subsections (i) and (j) and section 637(a) of this title, the Administration is authorized-
In this subsection-
There is established a 3-year small business intermediary lending pilot program, under which the Administrator may make direct loans to eligible intermediaries, for the purpose of making loans to startup, newly established, and growing small business concerns.
The purposes of the Program are-
Each eligible intermediary desiring a loan under this subsection shall submit an application to the Administrator that describes-
No loan may be made to an eligible intermediary under this subsection if the total amount outstanding 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 intermediary in the Program.
Loans made by the Administrator under this subsection shall be for a term of 20 years.
Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to 1.00 percent.
The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection.
The Administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the Program during the 2-year period beginning on the date of the initial disbursement of funds under that loan.
During each of fiscal years 2011, 2012, and 2013, the Administrator may make loans under the Program-
The Administrator, through an eligible intermediary, shall make loans to startup, newly established, and growing small business concerns for working capital, real estate, and the acquisition of materials, supplies, furniture, fixtures, and equipment.
An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern.
A loan made by an eligible intermediary to a small business concern under this subsection, may have a fixed or a variable interest rate, and shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection.
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.
The authority of the Administrator to make loans under the Program shall terminate 3 years after September 27, 2010.
The purposes of the Microloan Program are-
There is established a microloan program, under which the Administration may-
An intermediary shall be eligible to receive loans and grants under subparagraphs (B)(i) and (B)(ii) of paragraph (1) if it-
As part of its application for a loan, each intermediary shall submit a description to the Administration of-
In selecting intermediaries 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.
As a condition of any loan made to an intermediary under subparagraph (B)(i) of paragraph (1), the Administrator shall require the intermediary to contribute not less than 15 percent of the loan amount in cash from non-Federal sources.
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 chapter 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.
The Administrator shall, by regulation, require each intermediary to establish a loan loss reserve fund, and to maintain such reserve fund until all obligations owed to the Administration under this subsection are repaid.
Subject to subclause (III), the Administrator 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 receivable owed to the intermediary.
After the initial 5 years of an intermediary's participation in the program authorized by this subsection, the Administrator shall, at the request of the intermediary, conduct a review of the annual loss rate of the intermediary. Any intermediary in operation under this subsection prior to October 1, 1994, that requests a reduction in its loan loss reserve shall be reviewed based on the most recent 5-year period preceding the request.
Subject to the requirements of clause IV,19 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 reserve be reduced to less than 10 percent of the outstanding balance of the notes receivable owed to the intermediary.
The Administrator may reduce the annual loan loss reserve requirement of an intermediary only if the intermediary demonstrates to the satisfaction of the Administrator that-
An intermediary 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.
Loans made by the Administration under this subsection shall be for a term of 10 years.
Except as provided 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 maturity of 5 years, adjusted to the nearest one-eighth of 1 percent.
Loans made by the Administration to an intermediary that makes loans to small business concerns and entrepreneurs 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.
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.
The applicable rate of interest under this paragraph shall-
The interest rates prescribed in this subparagraph shall apply to all loans made to intermediaries under this subsection on or after October 28, 1991.
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.
Except as provided in subparagraphs (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.
Grants made in accordance with subparagraph (B)(ii) of paragraph (1) shall be subject to the following requirements:
Except as otherwise provided in subparagraphs (C) and (G) and subject to subparagraph (B), each intermediary that receives a loan under subparagraph (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 subparagraphs (C) and (G), each intermediary meeting the requirements 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.
As a condition of a grant made under subparagraph (A), the Administrator shall require the intermediary to contribute an amount equal to 25 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-kind contributions paid for under non-Federal programs.
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 intermediary under this subsection if-
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.
The contribution requirements in subparagraph (B) do not apply to grants made under this subparagraph.
The eligibility for a grant described in subparagraph (A),9 or (C) shall be determined separately for each loan-making site or office of 1 intermediary.
Each intermediary may expend an amount not to exceed 50 percent of the grant funds received under paragraph (1)(B)(ii) to provide information and technical assistance to small business concerns that are prospective borrowers under this subsection.
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.
The Administration may accept any funds transferred to the Administration from other departments or agencies of the Federal Government to make grants in accordance with this subparagraph and section 202(b) of the Small Business Reauthorization 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 described in paragraph (1)(A)(iv) at the time they initially apply for assistance under this subparagraph.
In making grants under this subparagraph, the Administration may select, from among participating intermediaries 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 subparagraph in an amount not to exceed $200,000 per year.
Grants under this subparagraph-
Prior to accepting any transfer of funds under clause (i) from a department or agency of the Federal Government, the Administration shall enter into a Memorandum of Understanding with the department or agency, which shall-
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 outstanding 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.
Grants made in accordance with subparagraph (B)(iii) of paragraph (1) shall be subject to the following requirements:
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).
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-kind contributions paid for under non-Federal programs.
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, supplies, furniture, fixtures, and equipment.
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.
Notwithstanding any provision of the laws of any State or the constitution of any State pertaining to the rate or amount of interest that may be charged, taken, received, or reserved on a loan, the maximum 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 Administration-
The Administration shall not review individual microloans made by intermediaries prior to approval.
In addition to other eligible small businesses concerns, borrowers under any program under this subsection may include individuals who will use the loan proceeds to establish for-profit or nonprofit child care establishments or businesses providing for-profit transportation services.
Under the program authorized by this subsection, the Administration may fund, on a competitive basis, not more than 300 intermediaries.
Subject to the availability of appropriations, of the total amount of new loan funds made available for award under this subsection 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-
If, at the beginning of the third quarter of a fiscal year, the Administration determines that any portion of the amount made available 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 District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa) without regard to clause (i).
In approving microloan program applicants and providing funding to intermediaries under this subsection, the Administration shall select and provide funding to such intermediaries as will ensure appropriate availability of loans for small businesses in all industries located throughout each State, particularly those located in urban and in rural areas.
The Administration may procure technical assistance for intermediaries participating in the Microloan Program to ensure that such intermediaries have the knowledge, skills, and understanding of microlending practices necessary to operate successful microloan programs.
The Administration shall transfer 7 percent of its annual appropriation for loans and loan guarantees under this subsection to the Administration's Salaries and Expense Account for the specific purpose 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 microenterprise development and financing.22 to achieve the purpose set forth in subparagraph (A).
Of amounts made available to carry out the welfare-to-work microloan initiative under paragraph (1)(A)(iv) in any fiscal year, the Administration may use not more than 5 percent to provide technical assistance, either directly or through contractors, to welfare-to-work microloan initiative 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 operate a successful welfare-to-work microloan initiative.
On November 1, 1995, the Administration shall submit to the Committees on Small Business 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 following:
For purposes of this subsection-
that seeks to borrow or has borrowed funds from the Administration to make microloans to small business concerns under this subsection;
In lieu of making direct loans to intermediaries as authorized in paragraph (1)(B), during fiscal years 1998 through 2000, the Administration may, on a pilot program basis, participate on a deferred basis of not less than 90 percent and not more than 100 percent on loans made to intermediaries by a for-profit or nonprofit entity or by alliances of such entities, subject to the following conditions:
In carrying out this paragraph, the Administration shall not participate in providing financing on a deferred basis to more than 10 intermediaries in urban areas or more than 10 intermediaries in rural areas.
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 amortize the principal.
The interest rate on each loan shall be the rate specified by paragraph (3)(F) for direct loans.
On January 31, 1999, and annually thereafter, the Administration shall submit to the Committees on Small Business of the House of Representatives and the Senate a report on any monies distributed pursuant to paragraph (4)(F).
In this subsection:
The term "active service" has the meaning given that term in section 101(d)(3) of title 10.
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.
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 successful day-to-day operations of that small business concern.
The term "qualified borrower" means-
The Administration shall, upon written 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.
The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reservist is ordered to active service and shall terminate on the date that is 180 days after the date such eligible reservist is discharged or released from active service.
Notwithstanding any other provision of law, during the period of deferral described in subparagraph (B), the Administration may, in its discretion, reduce the interest rate on any loan qualifying for a deferral under this paragraph.
The Administration shall-
1So in original. The ";and" probably should be a period.
2See References in Text note below.
3So in original. Probably should be "(B)".
4So in original.
5So in original. The closing parenthesis probably should not appear.
6So in original. The word "and" probably should not appear.
7So in original. No cl. (ii) has been enacted.
8So in original. The word "a" probably should appear.
9So in original. The comma probably should not appear.
10So in original. Probably should be "therefor,".
11So in original. Probably should be "has".
12So in original. Two pars. (16) have been enacted.
13See 1980 Amendment note below.
14So in original. Probably should be "or (2)".
15So in original. Probably should be "prior to".
16So in original. No par. (2) has been enacted.
17So in original. The period probably should be a semicolon.
18So in original. Probably should be "paragraph (12):".
19So in original. Probably should be "subclause (IV),".
20So in original. The word "that" probably should not appear.
21So in original. Probably should be "(vi)".
22So in original. The period probably should not appear.
23So in original. The period probably should be ";and".
15 U.S.C. § 636
EDITORIAL NOTES
REFERENCES IN TEXTSubsections (b) and (c) of section 631 of this title, referred to in subsecs. (a)(11) and (i)(1), were redesignated subsections (c) and (d), respectively, and a new subsection (b) was added by Pub. L. 100-418, title VIII, §8002, Aug. 23, 1988, 102 Stat. 1553.The Small Business Investment Act of 1958, referred to in subsecs. (a)(13), (36)(A)(xi)(III) and (j)(10)(A)(vi), (13)(D)(i), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689. Title IV, part B of title IV, and title V of the Act are classified generally to subchapter IV-A (§692 et seq.), part B (§694a et seq.) of subchapter IV-A, and subchapter V (§695 et seq.), respectively, of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. The Trade Act of 1974, referred to in subsec. (a)(16)(E), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978. Chapter 3 of title II of the Act is classified generally to part 3 (§2341 et seq.) of subchapter II of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.Section 7002(b) of the Families First Coronavirus Response Act, referred to in subsec. (a)(36)(A)(v), is section 7002(b) of Pub. L. 116-127 which is set out in a note under section 1401 of Title 26, Internal Revenue Code.Section 7001 of the Families First Coronavirus Response Act, referred to in subsec. (a)(36)(A)(viii)(II)(dd), is section 7001 of Pub. L. 116-127 which is set out as a note under section 3111 of Title 26, Internal Revenue Code. Section 7003 of the Families First Coronavirus Response Act, referred to in subsec. (a)(36)(A)(viii)(II)(ee), is section 7003 of Pub. L. 116-127 which is set out as a note under section 3111 of Title 26, Internal Revenue Code.Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (a)(36)(A)(xi)(II), is section 308 of Pub. L. 101-73 which is set out as a note under section 1463 of Title 12, Banks and Banking. The Communications Act of 1934, referred to in subsec. (a)(36)(D)(iii)(II)(aa), (IV)(aa), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title III of the Act is classified generally to subchapter III (§301 et seq.) of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. The Federal Deposit Insurance Act, referred to in subsec. (a)(36)(O)(ii), is act Sept. 21, 1950, ch. 967, §2, 64 Stat. 873, which is classified generally to chapter 16 (§1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables. Section 9009a of this title and such section 9009a, referred to in subsec. (a)(36)(U), (37)(A)(iv)(III)(ee), were in the original "section 24 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act" and "such section 24", respectively. The named Act was enacted as title III of div. N of Pub. L. 116-260 and section 324 of such title III, which defines "eligible person or entity" for purposes of that section, is classified to section 9009a of this title.Section 2301 of the CARES Act, referred to in subsec. (a)(37)(J)(iii)(I)(aa), is section 2301 of Pub. L. 116-136 which is set out as a note under section 3111 of Title 26, Internal Revenue Code. Section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020, referred to in subsec. (a)(37)(J)(iii)(I)(bb), is section 303 of of div. EE of Pub. L. 116-260, 134 Stat. 3075. Subsec. (a) of section 303 is not classified to the Code. Subsec. (d) of section 303 amended provisions set out as notes under section 3111 of Title 26, Internal Revenue Code, and is otherwise not classified to the Code. For complete classification of section 303 to the Code, see Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (b), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, formerly known as the Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. Section 231 of the Disaster Relief Act of 1970 [1 5 U.S.C. 636a ], referred to in penultimate par. of subsec. (b), was repealed by Pub. L. 97-35, title XIX, §1917, Aug. 13, 1981, 95 Stat. 781.The date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2008, referred to in subsec. (c)(10), is the date of enactment of subtitle B (§§12051-12091) of title XII of Pub. L. 110-246 which was approved June 18, 2008.Reorganization Plan Numbered 2 of 1954, referred to in subsec. (d)(1), is set out in the Appendix to Title 5, Government Organization and Employees.Reorganization Plan Numbered 1 of 1957, referred to in subsec. (d)(1), is set out in the Appendix to Title 5. The Economic Opportunity Act of 1964, referred to in subsec. (i)(3), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508. Title III of the Act was classified generally to subchapter III (§2841 et seq.) of chapter 34 of Title 42, The Public Health and Welfare, prior to its repeal by Pub. L. 97-35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables. The Public Works and Economic Development Act of 1965, referred to in subsec. (i)(5)(D), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§3121 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables. Section 602(b) of Public Law 100-656 the "Business Opportunity Development Reform Act of 1988", referred to in subsec. (j)(10)(J)(ii)(III), is set out as a note under section 637 of this title.Section 35(a) of title 41, referred to in subsec. (j)(13)(C), was struck out and former section 35(b) of title 41 redesignated section 35(a) by Pub. L. 103-355, title VII, §7201(1), Oct. 13, 1994, 108 Stat. 3378. Section 35 of title 41 was subsequently repealed and restated as sections 6501(1) and 6502 of Title 41, Public Contracts, by Pub. L. 111-350, §§3, Jan. 4, 2011, 7, Jan. 4, 2011, 124 Stat. 3677, 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.The Workforce Innovation and Opportunity Act, referred to in subsec. (j)(13)(E), is Pub. L. 113-128, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.The Social Security Act, referred to in subsec. (m)(1)(A)(iv), (4)(F)(iii)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. Paragraph (10), referred to in subsec. (m)(2)(A), was redesignated paragraph (11) by Pub. L. 102-366, title I, §113(a)(8), Sept. 4, 1992, 106 Stat. 992. Section 202(b) of the Small Business Reauthorization Act of 1997, referred to in subsec. (m)(4)(F)(i), is section 202(b) of Pub. L. 105-135 which is set out as a note below. The Child Care and Development Block Grant Act of 1990, referred to in subsec. (m)(4)(F)(iii)(II)(aa), is subchapter C (§658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97-35 as added by Pub. L. 101-508, title V, §5082(2), Nov. 5, 1990, 104 Stat. 1388-236, which is classified generally to subchapter II-B (§9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.
CODIFICATION September 30, 1996, referred to in subsec. (a)(25)(C), was in the original "the date of enactment of this subsection" which was translated as meaning the date of enactment of Pub. L. 104-208 which enacted par. (25) of subsec. (a), to reflect the probable intent of Congress.In subsec. (d)(3), "August 13, 1981" substituted for "the effective date of this Act", such words having been inserted in place of "to October 1, 1983" by section 1914 of Pub. L. 97-35. "This Act" probably meant the Small Business Budget Reconciliation and Loan Consolidation/Improvement Act of 1981 (title XIX of Pub. L. 97-35) rather than the Small Business Act (Pub. L. 85-536). See Effective Date of 1981 Amendment note set out under section 631 of this title.In subsec. (j)(11)(B)(i), as enacted by the amendments made by Pub. L. 101-37 "August 15, 1989" substituted for "the effective date of this subparagraph" and "such effective date". Section 32 of Pub. L. 101-37 provided that the amendments made by Pub. L. 101-37 shall apply as if included in Pub. L. 100-656. Section 803(b)(1)(A) of Pub. L. 100-656 provided that the amendment made by section 201(a) thereof to subsec. (j)(11) shall take effect on June 1, 1989. Section 31 of Pub. L. 101-37 amended section 803(b) of Pub. L. 100-656 to make such amendments effective on August 15, 1989, in place of June 1, 1989. See 1988 and 1989 Effective Date of Amendment notes below. "Sections 3131 and 3133 of title 40" substituted in subsec. (j)(13)(D) for "the Act entitled 'An Act requiring contracts for the construction, 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 construction, alteration, or repair of said public buildings or public works', approved August 24, 1935 (49 Stat. 793)" on authority of Pub. L. 107-217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.In subsec. (k)(3), "section 1342 of title 31" substituted for "section 3679(b) of the Revised Statutes ( 31 U.S.C. 665(b) )" on authority of Pub. L. 97-258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.Section 3109 of title 5, referred to in subsec. (k)(4), substituted for "section 15 of the Administrative Expenses Act of 1946 ( 5 U.S.C. 55a )" on authority of Pub. L. 89-554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.Section 5703 of title 5, referred to in subsec. (k)(4), substituted for "section 5 of such Act ( 5 U.S.C. 73b-2 )" on authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5. Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to this section. The amendments by Pub. L. 110-234 were repealed by section 4(a) of Pub. L. 110-246.
PRIOR PROVISIONSProvisions similar to those comprising subsec. (e) of this section were contained in section 2(a) and (b) of Pub. L. 87-550, July 25, 1962, 76 Stat. 221 (formerly classified to section 637a(a) and (b) of this title) prior to repeal thereof by section 3(b) of Pub. L. 89-409.Prior similar provisions were contained in section 207 of act July 30, 1953, ch. 282, title II, 67 Stat. 235, as amended by acts Aug. 9, 1955, ch. 628, §§2, 5, 69 Stat. 547; Feb. 2, 1956, ch. 29, §§2, 3, 70 Stat. 10; Pub. L. 85-335, Feb. 22, 1958, 72 Stat. 27, which was previously classified to this section. See Codification note set out under section 631 of this title.
AMENDMENTS2022-Subsec. (a)(36)(W). Pub. L. 117-166, §2(a), added subpar. (W). Subsec. (a)(37)(P). Pub. L. 117-166, §2(b), added subpar. (P).Subsec. (b)(16). Pub. L. 117-249 added par. (16) relating to disaster declaration in rural areas. Pub. L. 117-165 added par. (16) relating to statute of limitations. 2021-Subsec. (a)(36)(A)(iii). Pub. L. 117-6 substituted "June 30, 2021" for "March 31, 2021". Subsec. (a)(36)(A)(xvii). Pub. L. 117-2, §5001(a)(1)(A), added cl. (xvii).Subsec. (a)(36)(D)(iii)(III). Pub. L. 117-2, §5001(a)(1)(B)(i), added subcl. (III).Subsec. (a)(36)(D)(iii)(IV). Pub. L. 117-2, §5001(b)(1)(A), added subcl. (IV).Subsec. (a)(36)(D)(iv)(V). Pub. L. 117-2, §5001(b)(1)(B), added subcl. (V).Subsec. (a)(36)(D)(v). Pub. L. 117-2, §5001(b)(1)(C), substituted "subclause (II), (III), or (IV) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vii), or clause (ix)" for "clause (iii)(II), (iv)(IV), or (vii)".Subsec. (a)(36)(D)(viii)(II). Pub. L. 117-2, §5001(b)(1)(D), substituted "business concern made eligible by subclause (II) or (IV) of clause (iii) or subclause (IV) or (V) of clause (iv) of this subparagraph" for "business concern made eligible by clause (iii)(II) or clause (iv)(IV) of this subparagraph" and inserted "or organization" after "business concern" in two places. Subsec. (a)(36)(D)(ix). Pub. L. 117-2, §5001(a)(1)(B)(ii), added cl. (ix).Subsec. (a)(37)(A)(i). Pub. L. 117-2, §5001(a)(2), inserted "'additional covered nonprofit entity'," after "the terms". Subsec. (a)(37)(A)(iv)(II). Pub. L. 117-2, §5001(b)(2), substituted "subclause (II), (III), or (IV) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vii), or clause (ix)" for "clause (iii)(II), (iv)(IV), or (vii)".Subsec. (a)(37)(J)(iii)(I)(cc). Pub. L. 117-2, §5001(c)(2), added item (cc).Subsec. (j)(13)(F)(iii)(I). Pub. L. 116-283, §866(b)(1), substituted "means-" and items (aa) and (bb) for "means the period beginning on August 13, 2018, and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates." Subsec. (j)(13)(F)(iii)(II). Pub. L. 116-283, §866(b)(2), inserted "or a covered territory business" after "a Puerto Rico business" and, in two places, substituted "either such business" for "the Puerto Rico business".2020-Subsec. (a)(2)(A). Pub. L. 116-260, §326(a)(2), amended subpar. (A) generally. Prior to amendment, text read as follows: "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 or the Community Advantage Pilot Program of the Administration), such participation by the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of disbursement of the loan." Pub. L. 116-260, §326(a)(1), substituted "the Preferred Lenders Program or the Community Advantage Pilot Program of the Administration), such participation by the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of disbursement of the loan." for "the Preferred Lenders Program), such participation by the Administration shall be equal to-"(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or "(ii) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $150,000." Pub. L. 116-136, §1102(a)(1)(A), substituted "(E), and (F)" for "and (E)" in introductory provisions. Subsec. (a)(2)(F). Pub. L. 116-136, §1102(a)(1)(B), added subpar. (F).Subsec. (a)(7). Pub. L. 116-260, §334, designated existing provisions as subpar. (A), inserted heading, substituted "The Administrator" for "The Administration", inserted "and interest" after "principal", and added subpars. (B) and (C). Subsec. (a)(31)(A)(iv). Pub. L. 116-260, §326(b)(2)(B), substituted "guarantee rate of not more than 50 percent." for "guarantee rate-"(I) for a loan in an amount less than or equal to $350,000, of not more than 75 percent; and"(II) for a loan in an amount greater than $350,000, of not more than 50 percent." Pub. L. 116-260, §326(b)(2)(A), substituted "with a guarantee rate-"(I) for a loan in an amount less than or equal to $350,000, of not more than 75 percent; and"(II) for a loan in an amount greater than $350,000, of not more than 50 percent." for "with a guaranty rate of not more than 50 percent." Subsec. (a)(31)(D). Pub. L. 116-136, §1102(c)(2), as amended by Pub. L. 116-260, §326(b)(1), substituted "$500,000" for "$1,000,000". Pub. L. 116-136, §1102(c)(1), substituted "$1,000,000" for "$350,000".Subsec. (a)(31)(G)(ii), (iii). Pub. L. 116-136, §1102(d), redesignated cl. (iii) as (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: "If the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, includes a cost for the program established under this subsection that is above zero, the requirements of clause (i) shall not apply to loans made during such upcoming fiscal year."Subsec. (a)(36). Pub. L. 116-136, §1102(a)(2), added par. (36). Subsec. (a)(36)(A)(iii). Pub. L. 116-260, §343(a), substituted "March 31, 2021" for "December 31, 2020". Pub. L. 116-142, §3(a), substituted "December 31, 2020" for "June 30, 2020". Subsec. (a)(36)(A)(viii)(I)(aa)(EE). Pub. L. 116-260, §308(a), inserted "or group life, disability, vision, or dental insurance" before "benefits". Subsec. (a)(36)(A)(viii)(I)(bb). Pub. L. 116-260, §344(1), substituted "on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments is incurred" for "in 1 year, as prorated for the covered period".Subsec. (a)(36)(A)(viii)(II)(aa). Pub. L. 116-260, §344(2)(A), substituted "$100,000 on an annualized basis, as prorated for the period during which the compensation is paid or the obligation to pay the compensation is incurred" for "an annual salary of $100,000, as prorated for the covered period". Subsec. (a)(36)(A)(viii)(II)(bb). Pub. L. 116-260, §344(2)(B), substituted "applicable period" for "covered period".Subsec. (a)(36)(A)(x) to (xii). Pub. L. 116-139, §101(d)(1), added cls. (x) to (xii).Subsec. (a)(36)(A)(xiii). Pub. L. 116-260, §315(a), added cl. (xiii). Subsec. (a)(36)(A)(xiv). Pub. L. 116-260, §316(1), added cl. (xiv).Subsec. (a)(36)(A)(xv). Pub. L. 116-260, §318(1), added cl. (xv).Subsec. (a)(36)(A)(xvi). Pub. L. 116-260, §342(1), added cl. (xvi).Subsec. (a)(36)(D)(i). Pub. L. 116-260, §316(2)(A), inserted "housing cooperative," before "veterans organization," wherever appearing.Subsec. (a)(36)(D)(ii)(II). Pub. L. 116-260, §335(a), substituted "as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible" for "as is necessary to establish such individual as eligible, including payroll tax filings reported to the Internal Revenue Service, Forms 1099-MISC, and income and expenses from the sole proprietorship, as determined by the Administrator and the Secretary". Subsec. (a)(36)(D)(iii). Pub. L. 116-260, §317(a), designated existing provisions as subcl. (I), inserted heading, and added subcl. (II). Subsec. (a)(36)(D)(iv)(IV). Pub. L. 116-260, §317(b), added subcl. (IV). Subsec. (a)(36)(D)(v). Pub. L. 116-260, §318(2)(A), inserted "or for purposes of determining the number of employees of a housing cooperative or a business concern or organization made eligible for a loan under this paragraph under clause (iii)(II), (iv)(IV), or (vii)," before "the term 'employee'".Subsec. (a)(36)(D)(vi). Pub. L. 116-260, §318(2)(B), inserted "a business concern or organization made eligible for a loan under this paragraph under clause (vii)," after "a nonprofit organization,". Pub. L. 116-260, §316(2)(B), which directed the insertion of ",a housing cooperative," before "a veterans organization", was executed by making the insertion before "and a veterans organization" to reflect the probable intent of Congress. Subsec. (a)(36)(D)(vii). Pub. L. 116-260, §318(2)(C), added cl. (vii). Subsec. (a)(36)(D)(viii). Pub. L. 116-260, §317(c), in cl. (viii) added by section 342(2) of Pub. L. 116-260 designated existing provisions as subcl. (I), inserted heading, substituted "Subject to subclause (II), and notwithstanding" for "Notwithstanding", and added subcl. (II). Pub. L. 116-260, §342(2), added cl. (viii).Subsec. (a)(36)(E). Pub. L. 116-260, §313(a)(1), substituted "Except as provided in subparagraph (V), during" for "During" in introductory provisions. Subsec. (a)(36)(E)(i)(I)(aa)(AA). Pub. L. 116-260, §336(a), substituted "except that an applicant that is a seasonal employer shall use the average total monthly payments for payroll for any 12-week period selected by the seasonal employer between February 15, 2019, and February 15, 2020" for "except that, in the case of an applicant that is seasonal employer, as determined by the Administrator, the average total monthly payments for payroll shall be for the 12-week period beginning February 15, 2019, or at the election of the eligible recipient, March 1, 2019, and ending June 30, 2019". Subsec. (a)(36)(F)(i)(VIII) to (XI). Pub. L. 116-260, §304(a), added subcls. (VIII) to (XI).Subsec. (a)(36)(F)(v). Pub. L. 116-260, §337(a), substituted "clause (i) or (iv)" for "clause (i)". Subsec. (a)(36)(F)(vi). Pub. L. 116-260, §319, added cl. (vi).Subsec. (a)(36)(H). Pub. L. 116-260, §338(a)(1), substituted "With" for "During the covered period, with" in introductory provisions.Subsec. (a)(36)(J). Pub. L. 116-260, §338(a)(2), substituted "With" for "During the covered period, with" in introductory provisions.Subsec. (a)(36)(K). Pub. L. 116-260, §304(b)(1)(C)(ii)(I), substituted "section 636m" for "section 9005" in introductory provisions.Subsec. (a)(36)(K)(ii). Pub. L. 116-142, §2(a), inserted "minimum maturity of 5 years and a" before "maximum maturity". Subsec. (a)(36)(L). Pub. L. 116-260, §339(b), inserted ",calculated on a non-compounding, non-adjustable basis" after "4 percent".Subsec. (a)(36)(M). Pub. L. 116-260, §304(b)(1)(C)(ii)(II)(aa), substituted "section 636m" for "section 9005" in two places. Subsec. (a)(36)(M)(ii). Pub. L. 116-260, §338(a)(3)(A), substituted "The" for "During the covered period, the" in introductory provisions.Subsec. (a)(36)(M)(ii)(II). Pub. L. 116-142, §3(c)(1), substituted ",including payment of principal, interest, and fees, until the date on which the amount of forgiveness determined under section 9005 of this title is remitted to the lender." for "for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year." Subsec. (a)(36)(M)(iii). Pub. L. 116-260, §338(a)(3)(B), substituted "With" for "During the covered period, with". Pub. L. 116-142, §3(c)(2), substituted ",including payment of principal, interest, and fees, until the date on which the amount of forgiveness determined under section 9005 of this title is remitted to the lender." for "for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year." Subsec. (a)(36)(M)(v). Pub. L. 116-260, §304(b)(1)(C)(ii)(II)(bb), substituted "section 636m(a)" for "section 9005(a)". Pub. L. 116-142, §3(c)(3), added cl. (v).Subsec. (a)(36)(P)(i). Pub. L. 116-260, §340(a)(1), amended cl. (i) generally. Prior to amendment, text read as follows: "The Administrator shall reimburse a lender authorized to make a covered loan 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 loans of not more than $350,000;"(II) 3 percent for loans of more than $350,000 and less than $2,000,000; and "(III) 1 percent for loans of not less than $2,000,000." Subsec. (a)(36)(P)(ii). Pub. L. 116-260, §340(b)(1), inserted at end "If an eligible recipient has 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 responsible for paying fees to an agent for services for which the lender directly contracts with the agent." Subsec. (a)(36)(P)(iii). Pub. L. 116-260, §340(a)(2), amended cl. (iii) generally. Prior to amendment, text read as follows: "A reimbursement described in clause (i) shall be made not later than 5 days after the disbursement of the covered loan."Subsec. (a)(36)(Q). Pub. L. 116-260, §341, which directed striking out "during the period beginning on January 31, 2020, and ending on the date on which covered loans are made available", which appeared after "loan made under subsection (b)(2)", was executed by striking out text containing "2020 and" instead of "2020, and", to reflect the probable intent of Congress.Subsec. (a)(36)(S). Pub. L. 116-139, §101(d)(2), added subpar. (S).Subsec. (a)(36)(T). Pub. L. 116-260, §310(a)(1), added subpar. (T). Subsec. (a)(36)(U). Pub. L. 116-260, §310(b), added subpar. (U).Subsec. (a)(36)(V). Pub. L. 116-260, §313(a)(2), added subpar. (V).Subsec. (a)(37). Pub. L. 116-260, §311(a), added par. (37).Subsec. (b)(2). Pub. L. 116-136, §1110(f)(7), inserted ":Provided further, That for purposes of subparagraph (D), the Administrator 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 Administrator shall accept applications for such assistance immediately" before period at end of concluding provisions. Subsec. (b)(2)(D). Pub. L. 116-136, §1110(f)(1)-(3), (5), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (b)(2)(E). Pub. L. 116-136, §1110(f)(4), (6), redesignated subpar. (D) as (E) and substituted "(C), or (D)" for "or (C)"; "disaster or emergency declaration" for "disaster declaration" in two places; "disaster or emergency has occurred" for "disaster has occurred"; "such disaster or emergency" for "such disaster"; and "disaster- or emergency-stricken" for "disaster stricken".Subsec. (m)(3)(C). Pub. L. 116-260, §329(a)(2), substituted "$7,000,000" for "$10,000,000" and "$3,000,000" for "$4,500,000". Pub. L. 116-260, §329(a)(1)(A), substituted "$10,000,000 (in the aggregate)" for "and $6,000,000" and inserted before period at end ",and $4,500,000 in any of those remaining years".Subsec. (m)(4)(A). Pub. L. 116-260, §329(a)(1)(B)(i), substituted "subparagraphs (C) and (G)" for "subparagraph (C)" in two places.Subsec. (m)(4)(C)(i). Pub. L. 116-260, §329(a)(1)(B)(ii), amended cl. (i) generally. Prior to amendment, text read as follows: "Each intermediary that has a portfolio of loans made under this subsection that averages not more than $10,000 during the period of the intermediary's participation in the program shall be eligible to receive a grant equal to 5 percent of the total outstanding balance of loans made to the intermediary under this subsection, in addition to grants made under subparagraph (A)."Subsec. (m)(4)(G). Pub. L. 116-260, §329(a)(1)(B)(iii), added subpar. (G).Subsec. (m)(11)(C)(ii). Pub. L. 116-260, §329(a)(1)(C)(i), which directed amendment of cl. (ii) by striking all after the semicolon and inserting "and", could not be executed because a semicolon did not appear. Subsec. (m)(11)(D). Pub. L. 116-260, §329(a)(1)(C)(ii), which directed amendment of par. (11) "by striking all after subparagraph (C) and inserting" subpar. (D), was executed by adding subpar. (D) after subpar. (C), to reflect the probable intent of Congress. 2019-Subsec. (b)(3)(A)(i), (ii). Pub. L. 116-92, §877(a)(1)(A), added cl. (i), redesignated former cl. (i) as (ii) and inserted "and" at end, and struck out former cl. (ii) which defined the term "period of military conflict".Subsec. (b)(3)(B). Pub. L. 116-92, §877(a)(1)(B), substituted "being ordered to perform active service for a period of more than 30 consecutive days" for "being ordered to active military duty during a period of military conflict". Subsec. (b)(3)(C). Pub. L. 116-92, §877(a)(1)(C), substituted "active service" for "active duty" in two places. Subsec. (b)(3)(G)(ii)(II). Pub. L. 116-92, §877(a)(1)(D), substituted "active service" for "active duty".Subsec. (n). Pub. L. 116-92, §877(a)(2), substituted "active service" for "active duty" in heading and in two places in each of pars. (1)(D) and (2)(B), and in par. (1), added subpar. (A), redesignated former subpars. (A) and (B) as (B) and (C), respectively, substituted "ordered to perform active service for a period of more than 30 consecutive days" for "ordered to active duty during a period of military conflict" in subpar. (B) as redesignated, and struck out former subpar. (C) which defined the term "period of military conflict". 2018-Subsec. (a)(1)(A)(i). Pub. L. 115-189 inserted "The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere." before "No financial assistance".Subsec. (a)(15)(A). Pub. L. 115-232, §862(b)(1)(A)(i), substituted "this subsection-" for "this subsection", inserted cl. (i) designation before "to qualified employee trusts" and ",and for any transaction costs associated with purchasing," after "purchasing", substituted ";and" for period at end, and added cl. (ii).Subsec. (a)(15)(B). Pub. L. 115-232, §862(b)(1)(A)(ii)(I), inserted "or by the small business concern" after "the trustee of such trust" in introductory provisions.Subsec. (a)(15)(B)(iv). Pub. L. 115-232, §862(b)(1)(A)(ii)(II)-(IV), added cl. (iv).Subsec. (a)(15)(E). Pub. L. 115-232, §862(f), substituted "Administration, which shall include-" for "Administration." and added cls. (i) to (iii). Subsec. (a)(15)(F), (G). Pub. L. 115-232, §862(b)(1)(A)(iii), added subpars. (F) and (G). Subsec. (a)(29). Pub. L. 115-370 redesignated introductory provisions as subpar. (A) and inserted heading, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, in cl. (i), substituted ",if such loan is in an amount greater than the Federal banking regulator appraisal threshold" for "for more than $250,000", in cl. (ii), substituted ",if such loan is in an amount equal to or less than the Federal banking regulator appraisal threshold" for "$250,000 or less", and added subpar. (B). Subsec. (a)(35). Pub. L. 115-232, §862(b)(1)(B), added par. (35).Subsec. (j)(13)(F)(iii). Pub. L. 115-232, §861(c), added cl. (iii).Subsec. (m)(3)(C). Pub. L. 115-232, §853(b), substituted "$6,000,000" for "$5,000,000". Subsec. (m)(4)(E). Pub. L. 115-141 substituted "50 percent" for "25 percent" in cls. (i) and (ii).2015-Subsec. (a)(1)(A). Pub. L. 114-38, §4(b)(1), designated existing provisions as cl. (i), inserted cl. (i) heading, and added cl. (ii)Subsec. (a)(1)(C). Pub. L. 114-38, §4(b)(2), added subpar. (C). Subsec. (a)(31)(A). Pub. L. 114-88, §2106(1), added cl. (i) and redesignated former cls. (i) to (iii) as (ii) to (iv), respectively. Subsec. (a)(31)(G). Pub. L. 114-38, §2, added subpar. (G). Subsec. (a)(31)(H). Pub. L. 114-88, §2106(2), added subpar. (H).Subsec. (b)(1)(A). Pub. L. 114-88, §1102, substituted "mitigating measures, including-" and text of cls. (i) to (iii) for "mitigating measures, including, but not limited to, construction of retaining walls and sea walls, grading and contouring land, relocating utilities and modifying structures".Subsec. (b)(10). Pub. L. 114-88, §1103, added par. (10).Subsec. (b)(11). Pub. L. 114-88, §1104, added par. (11).Subsec. (b)(12). Pub. L. 114-88, §2101, added par. (12).Subsec. (b)(13). Pub. L. 114-88, §2107, added par. (13).Subsec. (b)(14). Pub. L. 114-88, §2201, added par. (14).Subsec. (b)(15). Pub. L. 114-88, §2301(a), added par. (15).Subsec. (d)(6). Pub. L. 114-88, §2109, inserted ":Provided further, That the Administrator, in obtaining 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 injury 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 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 amount of collateral required by the Administrator in connection 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" after "which are made under paragraph (1) of subsection (b)". Pub. L. 114-88, §2102(b), substituted "$14,000" for "$25,000" and "in the event of a major disaster" for "in the event of a disaster". Pub. L. 114-88, §2102(a), substituted "$25,000" for "$14,000" and "in the event of a disaster" for "in the event of a major disaster".Subsec. (d)(8). Pub. L. 114-88, §1101, added par. (8).Subsec. (j)(10)(D)(i). Pub. L. 114-92 struck out "The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the National Defense Authorization Act for Fiscal Year 2013 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification." after "to assist such Program Participant." Subsec. (j)(13)(F). Pub. L. 114-88, §2105, designated existing provisions as cl. (i) and added cl. (ii). 2014-Subsec. (j)(13)(E). Pub. L. 113-128 substituted "an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act" for "an institution eligible to provide skills training or upgrading under title I of the Workforce Investment Act of 1998". 2013-Subsec. (j)(10)(D)(i). Pub. L. 112-239 inserted "The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the National Defense Authorization Act for Fiscal Year 2013 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification." after "to assist such Program Participant." 2011-Subsec. (d)(5)(D). Pub. L. 112-74 substituted "7 years" for "three years". 2010-Subsec. (a)(2)(A). Pub. L. 111-240, §1206(a)(2)(A), substituted "subparagraphs (B), (D), and (E)" for "subparagraph (B)" in introductory provisions.Subsec. (a)(2)(A)(i). Pub. L. 111-240, §1111(b)(1)(A), substituted "75 percent" for "90 percent". Pub. L. 111-240, §1111(a)(1)(A), substituted "90 percent" for "75 percent".Subsec. (a)(2)(A)(ii). Pub. L. 111-240, §1111(b)(1)(B), substituted "85 percent" for "90 percent". Pub. L. 111-240, §1111(a)(1)(B), substituted "90 percent" for "85 percent".Subsec. (a)(2)(C)(ii), (iii). Pub. L. 111-240, §1206(e), added cl. (ii) and redesignated former cl. (ii) as (iii). Subsec. (a)(2)(D). Pub. L. 111-240, §1206(d)(1), substituted "be" for "not exceed". Pub. L. 111-240, §1206(a)(2)(B), substituted "In" for "Notwithstanding subparagraph (A), in". Subsec. (a)(2)(E). Pub. L. 111-240, §1206(a)(2)(C), added subpar. (E). Subsec. (a)(3)(A). Pub. L. 111-240, §1111(b)(2), substituted "$3,750,000" for "$4,500,000". Pub. L. 111-240, §1111(a)(2), substituted "$4,500,000 (or if the gross loan amount would exceed $5,000,000" for "$1,500,000 (or if the gross loan amount would exceed $2,000,000".Subsec. (a)(3)(B). Pub. L. 111-240, §1206(a)(1), substituted "$4,500,000 (or if the gross loan amount would exceed $5,000,000), of which not more than $4,000,000" for "$1,750,000, of which not more than $1,250,000".Subsec. (a)(14). Pub. L. 111-240, §1206(d)(2), inserted par. (14) and subpar. (A) headings, substituted "The Administrator" for "The Administration" in subpar. (A), added subpar. (B), redesignated former subpars. (B) and (C) as (C) and (D), respectively, and inserted headings, and substituted "The Administrator" for "The Administration" in subpar. (D) as redesignated.Subsec. (a)(16)(A). Pub. L. 111-240, §1206(b)(1), struck out "in" before dash at end of introductory provisions. Subsec. (a)(16)(A)(i). Pub. L. 111-240, §1206(b)(2), inserted "in" after cl. (i) designation and struck out "or" at end. Subsec. (a)(16)(A)(ii). Pub. L. 111-240, §1206(b)(3), inserted "in" after cl. (ii) designation and substituted ",including any debt that qualifies for refinancing under any other provision of this subsection; or" for period at end. Subsec. (a)(16)(A)(iii). Pub. L. 111-240, §1206(b)(4), added cl. (iii).Subsec. (a)(16)(B). Pub. L. 111-240, §1206(c), designated existing provisions as cl. (i), inserted cl. (i) heading, substituted "Except as provided in clause (ii), each loan" for "Each loan", and added cl. (ii).Subsec. (a)(16)(F). Pub. L. 111-240, §1206(g), added subpar. (F).Subsec. (a)(31)(D). Pub. L. 111-240, §1135(b), substituted "$350,000" for "$1,000,000". Pub. L. 111-240, §1135(a), substituted "$1,000,000" for "$350,000".Subsec. (a)(32), (33). Pub. L. 111-240, §1133(a)(1), redesignated par. (32), relating to increased veteran participation program, as (33).Subsec. (a)(34). Pub. L. 111-240, §1133(b), redesignated par. (35) as (34) and struck out former par. (34) which related to floor plan financing program. Pub. L. 111-240, §1133(a)(2), added par. (34).Subsec. (a)(35). Pub. L. 111-240, §1206(f), added par. (35). Pub. L. 111-240, §1133(b)(2), redesignated par. (35) as (34).Subsec. (l). Pub. L. 111-240, §1131(a), added subsec. (l) and struck out former subsec. (l) which read "[RESERVED]".Subsec. (m)(1)(B)(iii). Pub. L. 111-240, §1113(1), substituted "$50,000" for "$35,000". Subsec. (m)(3)(B). Pub. L. 111-240, §1401(c)(1)(A), struck out cl. (i) designation and heading, substituted "As" for "Subject to clause (ii), as", and struck out cl. (ii) relating to waiver of non-Federal share. Pub. L. 111-240, §1401(a)(1), designated existing provisions as cl. (i) and inserted cl. (i) heading, substituted "Subject to clause (ii), as a condition" for "As a condition" and "the Administrator" for "the Administration", and added cl. (ii). Subsec. (m)(3)(C). Pub. L. 111-240, §1113(2)(A), substituted "$5,000,000" for "$3,500,000". Subsec. (m)(3)(E). Pub. L. 111-240, §1113(2)(B), substituted "$50,000" for "$35,000" in two places.Subsec. (m)(4)(B). Pub. L. 111-240, §1401(c)(1)(B), struck out cl. (i) designation and heading, substituted "As" for "Subject to clause (ii), as", and struck out cl. (ii) relating to waiver of non-Federal share. Pub. L. 111-240, §1401(a)(2), designated existing provisions as cl. (i), inserted cl. (i) heading, substituted "Subject to clause (ii), as a condition of a grant made under subparagraph (A), the Administrator shall require" for "As a condition of any grant made under subparagraph (A), the Administration shall require", and added cl. (ii).Subsec. (m)(11)(B). Pub. L. 111-240, §1113(3), substituted "$50,000" for "$35,000". 2008-Subsec. (a)(32). Pub. L. 110-186, §208, added par. (32) relating to increased veteran participation program. Subsec. (b). Pub. L. 110-246, §12078(c)(2), in concluding provisions substituted "paragraphs (1) and (2)" for "paragraphs (1), (2), and (4)" and "paragraph (1) (2)" for "paragraph (1), (2), or (4)". Pub. L. 110-246, §12078(c)(1), substituted "the Administration" for "the, Administration" in introductory provisions. Pub. L. 110-246, §12068(b)(2)(B), which directed amendment of "the undesignated matter following paragraph (3)" by substituting "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)" for "Notwithstanding the provisions of any other law the interest rate on the Administration's share of any loan made under subsection (b) except as provided in subsection (c)," was executed by making the substitution for "Notwithstanding the provisions of any other law, the interest rate on the Administration's share of any loan made under subsection (b), except as provided in subsection (c)," in concluding provisions after par. (6), to reflect the probable intent of Congress and the addition of pars. (4) to (6) by Pub. L. 110-246, §§12063(a), 12066. See below. Pub. L. 110-246, §12068(b)(2)(A), which directed amendment of "the undesignated matter following paragraph (3)" by substituting "That the provisions of paragraph (1) of subsection (d)" for "That the provisions of paragraph (1) of subsection (c)", was executed by making the substitution in concluding provisions after par. (6), to reflect the probable intent of Congress and the addition of pars. (4) to (6) by Pub. L. 110-246, §§12063(a), 12066. See below.Subsec. (b)(1)(A). Pub. L. 110-246, §12078(b)(1), inserted "of the aggregate costs of such damage or destruction (whether or not compensated for by insurance or otherwise)" after "20 per centum". Subsec. (b)(2). Pub. L. 110-246, §12061(a)(1), in introductory provisions inserted ",private nonprofit organization," after "small business concern" and ",the organization," after "the concern".Subsec. (b)(2)(A). Pub. L. 110-246, §12063(c)(2), substituted "Robert T. Stafford Disaster Relief and Emergency Assistance Act (4 2 U.S.C. 5121 et seq.)" for "Disaster Relief and Emergency Assistance Act".Subsec. (b)(2)(D). Pub. L. 110-246, §12061(a)(2), inserted ",private nonprofit organizations," after "small business concerns". Subsec. (b)(3)(C). Pub. L. 110-186, §201(a), substituted "1 year" for "90 days" and inserted at end "The Administrator may, when appropriate (as determined by the Administrator), extend the ending date specified in the preceding sentence by not more than 1 year." Subsec. (b)(3)(E). Pub. L. 110-246, §12077, inserted ",or have become due to changed economic circumstances," after "constitutes". Subsec. (b)(3)(G), (H). Pub. L. 110-186, §§203, 204, added subpars. (G) and (H).Subsec. (b)(4), (5). Pub. L. 110-246, §12063(a), added pars. (4) and (5).Subsec. (b)(6). Pub. L. 110-246, §12066(a), added par. (6).Subsec. (b)(7). Pub. L. 110-246, §12074(a), added par. (7).Subsec. (b)(8). Pub. L. 110-246, §12078(a), added par. (8). Subsec. (b)(9). Pub. L. 110-246, §12081, added par. (9).Subsec. (b)(9)(C), (D). Pub. L. 110-246, §12082, added subpars. (C) and (D). Subsec. (c). Pub. L. 110-246, §12083(a), added subsec. (c). Pub. L. 110-246, §12068(a)(1), redesignated subsec. (c) as (d).Subsec. (c)(5)(C). Pub. L. 110-246, §12061(b), inserted ",private nonprofit organization," after "business".Subsec. (c)(6). Pub. L. 110-246, §12065, substituted "$14,000 or less (or such higher amount as the Administrator determines appropriate in the event of a major disaster)" for "$10,000 or less". Subsecs. (d) to (f). Pub. L. 110-246, §12068(a), redesignated subsecs. (c) and (d) as (d) and (e), respectively, and added subsec. (f).Subsec. (g). Pub. L. 110-246, §12070, added subsec. (g). 2007-Subsec. (a)(31)(F). Pub. L. 110-140, §1201, added subpar. (F). Subsec. (a)(32). Pub. L. 110-140, §1202, added par. (32). 2006-Subsec. (b)(2). Pub. L. 109-163, §845(a)(2)(A), in introductory provisions, inserted "(including drought), with respect to both farm-related and nonfarm-related small business concerns," before "if the Administration".Subsec. (b)(2)(B). Pub. L. 109-163, §845(a)(2)(B), substituted "section 1961 of title 7, in which case, assistance under this paragraph may be provided to farm-related and nonfarm-related small business concerns, subject to the other applicable requirements of this paragraph" for "the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1961)".Subsec. (b)(2)(D). Pub. L. 109-163, §845(c), substituted "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" for "Upon receipt of such certification, the Administration may". 2004-Subsec. (a)(3)(A). Pub. L. 108-447, §103(a), substituted "$1,500,000" for "$1,000,000".Subsec. (a)(3)(B). Pub. L. 108-447, §107(b), substituted "$1,750,000" for "$1,250,000" and "$1,250,000" for "$750,000". Subsec. (a)(16). Pub. L. 108-447, §107(a), inserted heading and amended par. (16) generally. Prior to amendment, par. (16) provided that the Administration could guarantee loans to assist any eligible small business concern in an industry engaged in or adversely affected by international trade 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 involved in international trade.Subsec. (a)(18)(A). Pub. L. 108-447, §102(a), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: "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 guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower, as follows:"(i) A guarantee fee equal to 2 percent of the deferred participation share of a total loan amount that is not more than $150,000."(ii) A guarantee fee equal to 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 equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000."Subsec. (a)(18)(C). Pub. L. 108-447, §102(b), struck out heading and text of subpar. (C). Text read as follows: "With respect to loans approved during the 2-year period beginning on October 1, 2002, the guarantee fee under subparagraph (A) shall be as follows:"(i) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000."(ii) A guarantee fee equal to 2.5 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 equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000."Subsec. (a)(23). Pub. L. 108-447, §102(c)(1), substituted "Yearly" for "Annual" in heading. Subsec. (a)(23)(A). Pub. L. 108-447, §102(c)(2), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: "With respect to each loan guaranteed under this subsection, the Administration shall, in accordance with such terms and procedures as the Administration shall establish by regulation, assess and collect an annual fee in an amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan. With respect to loans approved during the 2-year period beginning on October 1, 2002, the annual fee assessed and collected under the preceding sentence shall be in an amount equal to 0.25 percent of the outstanding balance of the deferred participation share of the loan."Subsec. (a)(23)(B). Pub. L. 108-447, §102(c)(3), substituted "yearly" for "annual".Subsec. (a)(23)(C). Pub. L. 108-447, §102(c)(4), added subpar. (C).Subsec. (a)(31). Pub. L. 108-447, §101(a), added par. (31). 2001-Subsec. (a)(18)(C). Pub. L. 107-100, §6(a)(1), added subpar. (C).Subsec. (a)(23)(A). Pub. L. 107-100, §6(a)(2), inserted at end "With respect to loans approved during the 2-year period beginning on October 1, 2002, the annual fee assessed and collected under the preceding sentence shall be in an amount equal to 0.25 percent of the outstanding balance of the deferred participation share of the loan." 2000-Subsec. (a)(2)(A)(i). Pub. L. 106-554, §1(a)(9) [title II, §202(1)], substituted "$150,000" for "$100,000".Subsec. (a)(2)(A)(ii). Pub. L. 106-554, §1(a)(9) [title II, §202(2)], substituted "85 percent" for "80 percent" and "$150,000" for "$100,000".Subsec. (a)(3)(A). Pub. L. 106-554, §1(a)(9) [title II, §203], substituted "$1,000,000 (or if the gross loan amount would exceed $2,000,000)," for "$750,000,".Subsec. (a)(4). Pub. L. 106-554, §1(a)(9) [title II, §205(1)], inserted heading and struck out former heading "Interest rates and fees.-".Subsec. (a)(4)(B)(iii). Pub. L. 106-554, §1(a)(9) [title II, §204], added cl. (iii). Subsec. (a)(4)(C). Pub. L. 106-554, §1(a)(9) [title II, §205(2)], added subpar. (C).Subsec. (a)(18). Pub. L. 106-554, §1(a)(9) [title II, §206], amended heading and text of par. (18) generally, substituting present provisions for provisions which had authorized guarantee fee in an amount equal to sum of 3 percent of amount of deferred participation share of loan that was less than or equal to $250,000, if deferred participation share of loan exceeded $250,000, plus 3.5 percent of difference between $500,000 or total deferred participation share of loan, whichever was less, and $250,000, plus, if deferred participation share of loan exceeded $500,000, 3.875 percent of difference between total deferred participation share of loan and $500,000, and set forth provisions relating to exception for certain loans. Subsec. (a)(28). Pub. L. 106-554, §1(a)(9) [title II, §207], added par. (28). Subsec. (a)(29). Pub. L. 106-554, §1(a)(9) [title II, §208(a)], added par. (29).Subsec. (a)(30). Pub. L. 106-554, §1(a)(9) [title VIII, §802(a)], added par. (30). Subsec. (m)(1)(A)(iii)(I). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(2)], substituted "$10,000" for "$7,500".Subsec. (m)(1)(B)(iii). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(1)], substituted "$35,000" for "$25,000". Subsec. (m)(3)(A)(ii). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(2)], substituted "$10,000" for "$7,500".Subsec. (m)(3)(E). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(1), (3)], substituted "$20,000" for "$15,000" and "$35,000" for "$25,000" in two places.Subsec. (m)(4)(C)(i). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(2)], which directed the amendment of subsec. (m)(4)(C)(i)(II) by substituting "$10,000" for "$7,500", was executed by making the substitution in subsec. (m)(4)(C)(i) to reflect the probable intent of Congress and the termination of the temporary amendment by Pub. L. 103-403, §208(a)(2), (c). See 1994 Amendment note and Effective and Termination Dates of 1994 Amendment note below. Subsec. (m)(5)(A). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(4)], substituted "55 grants" for "25 grants" and "$200,000" for "$125,000".Subsec. (m)(6)(B). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(5)], substituted "$15,000" for "$10,000". Subsec. (m)(7)(A). Pub. L. 106-554, §1(a)(9) [title II, §210(a)(6)], added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: "During the program authorized by this subsection, the Administration may fund, on a competitive basis, not more than 200 microloan programs."Subsec. (m)(11)(B). Pub. L. 106-554, §1(a)(9) [title II, §210(b)], substituted "$35,000" for "$25,000". 1999-Subsec. (a)(10). Pub. L. 106-50, §401(b), inserted "guaranteed" after "provide" and ",including service-disabled veterans," after "handicapped individual". Subsec. (a)(21)(A)(ii). Pub. L. 106-50, §404, inserted "or a veteran" after "qualified individual".Subsec. (a)(27). Pub. L. 106-8, §3(a), (c), temporarily added par. (27) relating to Year 2000 computer problem program. See Effective and Termination Dates of 1999 Amendments note below.Subsec. (b)(1)(C). Pub. L. 106-24, §1(a), added subpar. (C).Subsec. (b)(3). Pub. L. 106-50, §402(b), added par. (3).Subsec. (m)(1)(A)(i). Pub. L. 106-50, §403, inserted "veteran (within the meaning of such term under section 632(q) of this title)," after "low-income,". Subsec. (m)(3)(D). Pub. L. 106-22, §3, struck out subpar. (D) heading and amended text generally. Prior to amendment, text read as follows: "The Administration shall, by regulation, require each intermediary to establish a loan loss reserve fund, and to maintain such reserve fund until all obligations owed to the Administration under this subsection are repaid. The Administration shall require the loan loss reserve fund to be maintained-"(i) during the initial 5 years of the intermediary's participation in the program under this subsection, at a level equal to not more than 15 percent of the outstanding balance of the notes receivable owed to the intermediary; and"(ii) in each year of participation thereafter, at a level equal to not more than the greater of-"(I) 2 times an amount reflecting the total losses of the intermediary as a result of participation in the program under this subsection, as determined by the Administrator on a case-by-case basis; or "(II) 10 percent of the outstanding balance of the notes receivable owed to the intermediary."Subsec. (m)(7)(B). Pub. L. 106-22, §2(1), added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: "During any fiscal year, a State shall not receive new loan funds from the Administration that exceed 125 percent of the State's pro rata share of the microloan program authorization during such fiscal year, such share to be based on the population of the State, as compared to the total population of the United States. If, however, at the beginning of the fourth quarter of a fiscal year the Administration determines that a portion of appropriated microloan funds are unlikely to be awarded during that year, the Administration may make additional funds available to a State in excess of 125 percent of the pro rata share of that State."Subsec. (m)(8). Pub. L. 106-22, §2(2), inserted "and providing funding to intermediaries" after "program applicants" and "and provide funding to" after "shall select".Subsec. (n). Pub. L. 106-50, §402(a), added subsec. (n).1998-Subsec. (j)(13)(E). Pub. L. 105-277, §101(f) [title VIII, §405(f)(9)], struck out "the Job Training Partnership Act or" before "title I of the Workforce" in introductory provisions. Pub. L. 105-277, §101(f) [title VIII, §405(d)(10)], substituted "the Job Training Partnership Act or title I of the Workforce Investment Act of 1998" for "the Job Training Partnership Act ( 29 U.S.C. 1501 et seq.)".1997-Subsec. (a). Pub. L. 105-135, §231(1), inserted heading.Subsec. (a)(1). Pub. L. 105-135, §231(2), inserted heading, designated existing provisions as subpar. (A) and inserted heading, and added subpar. (B). Subsec. (a)(8). Pub. L. 105-135, §706, added par. (8). Subsec. (m). Pub. L. 105-135, §201(c), struck out "Demonstration" and "demonstration" wherever appearing in heading and text. Subsec. (m)(1)(A)(iv). Pub. L. 105-135, §202(a)(1), added cl. (iv).Subsec. (m)(3)(C). Pub. L. 105-135, §201(a), substituted "$3,500,000" for "$2,500,000". Subsec. (m)(3)(D)(i), (ii). Pub. L. 105-135, §201(b), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows: "(i) in the first year of the intermediary's participation in the demonstration program, at a level equal to not more than 15 percent of the outstanding balance of the notes receivable owed to the intermediary; and"(ii) in each year of participation thereafter, at a level reflecting the intermediary's total losses as a result of participation in the demonstration program, as determined by the Administration on a case-by-case basis, but in no case shall the required level exceed 15 percent of the outstanding balance of the notes receivable owed to the intermediary under the program."Subsec. (m)(4)(E). Pub. L. 105-135, §201(d)(1), designated existing provisions as cl. (i), inserted heading, substituted "25 percent" for "15 percent", and added cl. (ii). Subsec. (m)(4)(F). Pub. L. 105-135, §202(a)(2), added subpar. (F).Subsec. (m)(5)(A). Pub. L. 105-135, §201(d)(2), struck out "in each of the 5 years of the demonstration program established under this subsection," after "requirements of subparagraph (B)," and substituted "annually" for "for terms of up to 5 years". Subsec. (m)(6)(E). Pub. L. 105-135, §202(a)(3), added subpar. (E).Subsec. (m)(9). Pub. L. 105-135, §202(a)(4)(A), substituted "Grants for management, marketing, technical assistance, and related services" for "Technical assistance for intermediaries" in heading.Subsec. (m)(9)(C). Pub. L. 105-135, §202(a)(4)(B), added subpar. (C).Subsec. (m)(12). Pub. L. 105-135, §201(c)(4), substituted "1998 through 2000" for "1995 through 1997". Subsec. (m)(13). Pub. L. 105-135, §202(a)(5), added par. (13).1996-Subsec. (a)(2)(C)(ii)(II). Pub. L. 104-208, §103(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "authority to service and liquidate such loans."Subsec. (a)(2)(D). Pub. L. 104-208, §111, added subpar. (D).Subsec. (a)(4). Pub. L. 104-208, §103(f), inserted par. (4) heading, designated existing text as subpar. (A) and inserted heading, and added subpar. (B).Subsec. (a)(19)(C). Pub. L. 104-208, §103(b), added subpar. (C). Subsec. (a)(25). Pub. L. 104-208, §103(c), added par. (25).Subsec. (a)(26). Pub. L. 104-208, §103(d), added par. (26).Subsec. (d). Pub. L. 104-208, §107(a), struck out "(1)" before "The Administration" and struck out par. (2) which read as follows: "The Administration is authorized to hold seminars throughout the Nation to make potential applicants aware of the opportunities available under this subsection and related government energy programs, and to make grants to qualified organizations to provide training seminars for small business concerns regarding practical and easily implemented methods for design, manufacture, installation, and servicing of equipment and for providing services listed in paragraph (1) of this subsection, except that recipients of loans made pursuant to this subsection shall not subsequently be eligible for such grants."Subsec. (e). Pub. L. 104-208, §107(b), amended subsec. (e) generally, substituting "(e) [RESERVED]" for prior provisions of subsec. (e) which read as follows: "The Administration also is empowered to make loans (either directly or in cooperation with banks or other lenders through agreements to participate on an immediate or deferred basis) to assist any firm to adjust to changed economic conditions resulting from increased competition from imported articles, but only if (1) an adjustment proposal of such firm has been certified by the Secretary of Commerce pursuant to the Trade Expansion Act of 1962, (2) the Secretary has referred such proposal to the Administration under that Act and the loan would provide part or all of the financial assistance necessary to carry out such proposal, and (3) the Secretary's certification is in force at the time the Administration makes the loan. With respect to loans made under this subsection the Administration shall apply the provisions of sections 314, 315, 316, 318, 319, and 320 of the Trade Expansion Act of 1962 as though such loans had been made under section 314 of that Act."Subsec. (f). Pub. L. 104-208, §107(c), amended subsec. (f) generally, substituting "(f) [RESERVED]" for prior provisions of subsec. (f) which read as follows: "In the administration of the disaster loan program under subsection (b)(1) of this section, in the case of property loss or damage as a result of a disaster which is a 'major disaster' as defined in section 102(2) of the Disaster Relief and Emergency Assistance Act, the Small Business Administration, to the extent such loss or damage is not compensated for by insurance or otherwise, may lend to a privately owned college or university without regard to whether the required financial assistance is otherwise available from private sources, and may waive interest payments and defer principal payments on such a loan for the first three years of the term of the loan."Subsec. (l). Pub. L. 104-208, §107(c), amended subsec. (l) generally, substituting "(l) [RESERVED]" for prior provisions of subsec. (l) which consisted of 9 pars. authorizing loans to small business concerns for solar energy and energy conservation measures. Subsec. (m)(7)(B). Pub. L. 104-208, §105, inserted at end "If, however, at the beginning of the fourth quarter of a fiscal year the Administration determines that a portion of appropriated microloan funds are unlikely to be awarded during that year, the Administration may make additional funds available to a State in excess of 125 percent of the pro rata share of that State."1995-Subsec. (a)(2). Pub. L. 104-36, §2, amended par. (2) generally. Prior to amendment, par. (2) related to percentage levels in loan participation agreements.Subsec. (a)(18). Pub. L. 104-36, §3(a), amended par. (18) generally. Prior to amendment, par. (18) read as follows: "The Administration shall collect a guarantee fee equal to two percent of the amount of the deferred participation share of any loan under this subsection other than a loan repayable in one year or less. The fee shall be payable by the participating lending institution and may be charged to the borrower."Subsec. (a)(19)(B). Pub. L. 104-36, §3(b)(1), substituted "shall develop" for "shall (i) develop" and struck out at end ",and (ii) allow such lenders to retain one-half of the fee collected pursuant to subsection (a)(18) of this section on such loans. A participating lender may not retain any fee pursuant to this paragraph if the amount committed and outstanding to the applicant would exceed $50,000 unless the amount in excess of $50,000 is an amount not approved under the provisions of this paragraph". Subsec. (a)(19)(C). Pub. L. 104-36, §3(b)(2), struck out subpar. (C) which read as follows: "In order to encourage lending institutions and other entities making loans authorized under this subsection to provide loans to small business loan applicants located in rural areas, such lenders shall be permitted to retain one-half of the fee collected pursuant to paragraph (18) on loans of less than $75,000. A participating lender may not retain any fee pursuant to this subparagraph if the amount committed and outstanding to the applicant would exceed $75,000 unless the amount in excess of $75,000 is an amount not approved under the provisions of this subparagraph. This subparagraph shall cease to be effective on October 1, 1995." Subsec. (a)(23). Pub. L. 104-36, §4(a), added par. (23).Subsec. (a)(24). Pub. L. 104-36, §5, added par. (24).1994-Subsec. (a)(2)(B)(iv). Pub. L. 103-403, §211, amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: "not less than 85 percent of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16)." Subsec. (a)(3)(B). Pub. L. 103-403, §210, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "if the total amount outstanding and committed (on a deferred basis) solely for the purposes provided in paragraph (16) to the borrower from the business loan and investment fund established by this chapter would exceed $1,000,000, such amount to be in addition to any financing solely for working capital, supplies, or revolving lines of credit for export purposes up to a maximum of $250,000; and".Subsec. (a)(14)(A). Pub. L. 103-403, §209, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "The Administration under this subsection may provide extensions and revolving lines of credit for export purposes and financing to enable small business concerns, including small business export trading companies and small business export management companies, to develop foreign markets. No such extension or revolving line of credit may be made for a period or periods exceeding 3 years. A bank or participating lending institution may establish the rate of interest on extensions and revolving lines of credit as may be legal and reasonable."Subsec. (a)(21)(A). Pub. L. 103-403, §605(a), inserted "on a guaranteed basis" before "under the authority". Subsec. (a)(21)(E). Pub. L. 103-403, §603, added subpar. (E).Subsec. (m)(3)(C). Pub. L. 103-403, §206, substituted "$2,500,000" for "$1,250,000".Subsec. (m)(4)(B). Pub. L. 103-403, §208(a)(1), (c), temporarily inserted "except for a grant made to an intermediary that provides not less than 50 percent of its loans to small business concerns located in or owned by one or more residents of an economically distressed area," after "under subparagraph (A),". See Effective and Termination Dates of 1994 Amendment note below. Subsec. (m)(4)(C)(i). Pub. L. 103-403, §208(a)(2), (c), temporarily added cl. (i) which read as follows: "In addition to grants made under subparagraph (A), each intermediary shall be eligible to receive a grant equal to 5 percent of the total outstanding balance of loans made to the intermediary under this subsection if-"(I) the intermediary provides not less than 25 percent of its loans to small business concerns located in or owned by one or more residents of an economically distressed area; or "(II) the intermediary has a portfolio of loans made under this subsection that averages not more than $7,500 during the period of the intermediary's participation in the program."See Effective and Termination Dates of 1994 Amendment note below. Subsec. (m)(4)(E). Pub. L. 103-403, §207, added subpar. (E).Subsec. (m)(7). Pub. L. 103-403, §204, amended par. (7) generally, substituting present provisions for former provisions relating to program funding, which provided for: in subpar. (A), first year programs; in subpar. (B), expanded programs; and in subpar. (C), State limitations.Subsec. (m)(8). Pub. L. 103-403, §205, amended heading and text of par. (8) generally. Prior to amendment, text read as follows: "In funding microloan programs, the Administration shall ensure that at least one-half of the programs funded under this subsection will provide microloans to small business concerns located in rural areas."Subsec. (m)(9)(B). Pub. L. 103-403, §604, inserted "and loan guarantees" after "for loans" and "and national and regional nonprofit organizations that have demonstrated experience in providing training support for microenterprise development and financing." after "experienced microlending organizations".Subsec. (m)(11)(A)(v). Pub. L. 103-403, §202, added cl. (v).Subsec. (m)(11)(D). Pub. L. 103-403, §208(b), (c), temporarily added subpar. (D) which read as follows: "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.". See Effective and Termination Dates of 1994 Amendment note below.Subsec. (m)(12). Pub. L. 103-403, §201, added par. (12).1993-Subsec. (a)(2). Pub. L. 103-81, §5(a)(2)-(4), in concluding provisions, substituted "less than the above specified percentums" for "less than 85 percent under subparagraph (B)" and "not less than 70 percent, unless a lesser percent is required by clause (B)(ii) or upon the" for "not less than 80 percent, except upon" and inserted after third sentence "The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, which is made applicable to other loan guarantees under subsection (a) of this section."Subsec. (a)(2)(B). Pub. L. 103-81, §5(a)(1), struck out "and" at end of cl. (i), added cls. (ii) and (iii), and redesignated former cl. (ii) as (iv). Subsec. (a)(22). Pub. L. 103-81, §4, added par. (22). Subsec. (m)(1)(B)(iii). Pub. L. 103-81, §8(1), substituted "$25,000" for "$15,000".Subsec. (m)(5)(A). Pub. L. 103-81, §8(2), substituted "25 grants for terms of up to 5 years" for "6 grants". Subsec. (m)(9)(B). Pub. L. 103-81, §8(3), substituted "7 percent" for "3 percent". 1992-Subsec. (a)(4). Pub. L. 102-366, §104, substituted "Notwithstanding the provisions of the constitution of any State or the laws of any State limiting the rate or amount of interest which may be charged, taken, received, or reserved, the maximum legal rate of interest on any financing made on a deferred basis pursuant to this subsection" for "The rate of interest on financings made on a deferred basis shall be legal and reasonable but".Subsec. (a)(21). Pub. L. 102-366, §211, added par. (21).Subsec. (m)(1)(A)(i). Pub. L. 102-366, §113(a)(1)(A), amended cl. (i) generally, substituting "and business owners and other such individuals" for ",business owners, and other individuals". Subsec. (m)(1)(A)(iii)(I). Pub. L. 102-366, §113(a)(1)(B), inserted ",particularly loans in amounts averaging not more than $7,500," after "small-scale loans".Subsec. (m)(3)(A). Pub. L. 102-366, §113(a)(2), designated existing provisions as cl. (i) and inserted heading, redesignated cls. (i) to (viii) as subcls. (I) to (VIII), respectively, substituted "economic, poverty, and unemployment" for "economic and unemployment" in subcl. (III), amended subcl. (VIII) generally, and added cl. (ii). Prior to amendment, subcl. (VIII) read as follows: "any plan to involve private sector lenders in assisting selected small business concerns."Subsec. (m)(3)(F). Pub. L. 102-366, §113(a)(3), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: "Loans made by the Administration under this subsection shall be for a term of 10 years and at an interest rate equal to 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." Subsec. (m)(4)(A). Pub. L. 102-366, §113(a)(4)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: "Except as otherwise provided in subparagraph (C) and subject to the requirements of subparagraph (B), each intermediary that receives a loan under subparagraph (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. In the first and second years of an intermediary's program participation, each intermediary meeting the requirement of subparagraph (B) may receive a grant of not more than 20 percent of the total outstanding balance of loans made to it under this subsection. In the third and subsequent years of an intermediary's program participation, each intermediary meeting the requirements of subparagraph (B) may receive a grant of not more than 10 percent of the total outstanding balance of loans made to it under this subsection." Pub. L. 102-366, §113(a)(4)(A), substituted "Except as otherwise provided in subparagraph (C) and subject to" for "Subject to".Subsec. (m)(4)(B). Pub. L. 102-366, §113(a)(4)(C), substituted "25 percent" for "one-half". Subsec. (m)(4)(C), (D). Pub. L. 102-366, §113(a)(4)(D), added subpars. (C) and (D).Subsec. (m)(5)(A). Pub. L. 102-366, §113(a)(5), substituted "6 grants" for "2 grants".Subsec. (m)(6)(C). Pub. L. 102-366, §113(a)(6), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "Notwithstanding any provision of the laws of any State or the constitution of any State pertaining to the rate or amount of interest that may be charged, taken, received or reserved on a loan, the maximum rate of interest to be charged on a microloan funded under this subsection shall be not more than 4 percentage points above the prime lending rate, as identified by the Administration and published in the Federal Register on a quarterly basis."Subsec. (m)(7)(A). Pub. L. 102-564, §307(b)(1), inserted at end: "If, at the end of fiscal year 1992, the Administration has funded less than 50 microloan programs under this subparagraph, the Administration may, in fiscal year 1993, fund a number of additional microloan programs equal to the difference between 50 and the number of microloan programs actually funded in fiscal year 1992." Pub. L. 102-366, §113(a)(7)(A), substituted "60 microloan programs" for "35 microloan programs". Subsec. (m)(7)(B). Pub. L. 102-564, §307(b)(2), substituted "In addition to any microloan programs authorized to be funded in fiscal year 1993 in accordance with subparagraph (A), in the second" for "In the second". Pub. L. 102-366, §113(a)(7)(B), substituted "50 additional" for "25 additional". Subsec. (m)(7)(C)(i). Pub. L. 102-366, §113(a)(7)(C), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "be awarded more than 2 microloan programs in any year of the demonstration program;". Subsec. (m)(7)(C)(ii), (iii). Pub. L. 102-366, §113(a)(7)(D), (E), substituted "$1,500,000" for "$1,000,000" in cl. (ii) and "$2,500,000" for "$1,500,000" in cl. (iii).Subsec. (m)(9), (10). Pub. L. 102-366, §113(a)(8), (9), added par. (9) and redesignated former par. (9) as (10). Former par. (10) redesignated (11).Subsec. (m)(11). Pub. L. 102-564, §307(c), inserted "private," before "nonprofit" in subpar. (A)(ii). Pub. L. 102-366, §113(a)(8), (10), redesignated par. (10) as (11) and amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "the term 'intermediary' means a private, nonprofit entity or a nonprofit community development corporation that seeks to borrow or has borrowed funds from the Small Business Administration to make microloans to small business concerns under this subsection;". 1991-Subsec. (a)(18). Pub. L. 102-140, §609(b), struck out "or a loan under paragraph (13)" after "one year or less". Subsec. (a)(19)(B). Pub. L. 102-191 struck out "during fiscal years 1989, 1990, and 1991," after "small business loan applicants,". Subsec. (m). Pub. L. 102-140, §609(h), added subsec. (m). 1990-Subsec. (a)(14)(A). Pub. L. 101-574, §202, struck out "pre-export" before "financing" and substituted "3 years" for "18 months".Subsec. (a)(16)(A). Pub. L. 101-574, §245, struck out at end "The lender shall agree to sell the loan in the secondary market as authorized in sections 634(f) and 634(g) of this title within 180 days of the date of disbursement."Subsec. (a)(19)(C). Pub. L. 101-574, §307, added subpar. (C). Subsec. (j)(3)(A). Pub. L. 101-574, §242(1), struck out subpar. (A), which was previously struck out by Pub. L. 100-656, §505(h). See 1988 Amendment note below.Subsec. (j)(3)(B). Pub. L. 101-574, §242(1), struck out subpar. (B) which read as follows: "The General Accounting Office shall evaluate the activities taken by the Administration to achieve the purpose of this paragraph and evaluate the success of these activities in achieving the purposes of this paragraph. The General Accounting Office shall report to the Congress by January 1, 1981, and at any time thereafter at the discretion of the Comptroller General, on the findings of this evaluation and shall make recommendations on actions needed to improve the Administration's performance pursuant to this paragraph." Subsec. (j)(8). Pub. L. 101-574, §242(2), struck out par. (8) which read as follows: "The General Accounting Office shall provide for an independent and continuing evaluation of programs under subsections (i) and (j) of this section and section 637(a) of this title, including full information on, and analysis of, the character and impact of managerial assistance provided, the location, income characteristics, and extent to which private resources and skills have been involved in these programs. Such evaluation together with any recommendations deemed advisable by the Comptroller General shall be reported to the Congress by January 1, 1981, and at any time thereafter at the discretion of the Comptroller General." Subsec. (j)(10)(J)(ii). Pub. L. 101-574, §204(a), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "Except as provided under section 602 of the Business Opportunity Development Reform Act of 1988, no award shall be made pursuant to section 637(a) of this title to other than a small business concern."Subsec. (j)(13)(D)(iii). Pub. L. 101-574, §206, substituted "October 1, 1994" for "October 1, 1992". 1989-Subsec. (a)(2). Pub. L. 101-162 (1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration, except as provided in paragraph (6), shall be: "(A) not less than 90 per centum of the balance of the financing outstanding at the time of disbursement if such financing does not exceed $155,000; and "(B) subject to the limitation in paragraph (3)- "(i) not less than 70 per centum nor more than 85 per centum of the financing outstanding at the time of disbursement if such financing exceeds $155,000 but is less than $714,285,"(ii) less than 70 per centum of the financing outstanding at the time of disbursement if such financing exceeds $714,285;"(iii) not less than 85 per centum of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16) and is less than $1,176,470; and"(iv) less than 85 per centum of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16) and exceeds $1,176,470;Provided, That the Administration shall not use the per centum of guarantee requested as a criterion to establish priorities in approving guarantee requests nor shall the Administration reduce the per centum guaranteed to less than 85 per centum pursuant to subparagraph (B) other than by a determination made on each application: Provided, further, That the Administration may reduce its participation below the per centums stated in this paragraph if the lender requests the reduction under the preferred lenders program or any successor thereto, but any such reduction shall not exceed five points. As used in this sentence the term 'preferred lenders program' means a program under which, pursuant to a written agreement between the lender and the Administration, the lender has been delegated (1) complete authority to make and close loans with a guarantee from the Administration without obtaining the prior specific approval of the Administration, and (2) authority to service and liquidate such loans."Subsec. (a)(19). Pub. L. 101-162 (2), amended par. (19) generally. Prior to amendment, par. (19) read as follows: "During fiscal years 1989, 1990, and 1991, in addition to the preferred lenders program authorized by the proviso in section 634(b)(7) of this title, the Administration is authorized to establish a certified loan program for lenders who establish their knowledge of Administration laws and regulations concerning the loan guarantees program and their proficiency in program requirements. In order to encourage certified lenders and preferred lenders to provide loans of $50,000 or less in guarantees to eligible small business loan applicants, the Administration (A) shall develop and shall allow participating lenders in the certified loan program and in the preferred loan program to solely utilize a uniform and simplified loan form for such loans and (B) shall allow such lenders to retain one-half of the fee collected pursuant to subsection (a)(16) of this section on such loans: Provided, That a participating lender may not retain any fee pursuant to this paragraph if the amount committed and outstanding to the applicant would exceed $50,000 unless such excess amount was not approved under the provisions of this paragraph. 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 if the Administration determines that the loss experience of the lender is excessive as compared to other lenders: Provided further, That any suspension or revocation of the designation shall not affect any outstanding guarantee: And, provided further, That the Administration may not reduce the per centum of guarantee as a criterion of eligibility for participation in this program, except as otherwise provided by law."Subsec. (a)(20)(C)(iv). Pub. L. 101-37, §9, inserted "is" before "amortized". Subsec. (j)(10)(A)(i). Pub. L. 101-37, §5(a), substituted "which set forth" for "which sets forth". Subsec. (j)(10)(D)(i). Pub. L. 101-37, §5(b)(1), substituted "Business Opportunity Specialist" for "business opportunity specialist".Subsec. (j)(10)(D)(ii)(II). Pub. L. 101-37, §5(b)(2), substituted "the small business concern" for "small business concerns". Subsec. (j)(10)(D)(iii). Pub. L. 101-37, §5(b)(3), inserted "relating to attaining business activity from sources other than contracts awarded pursuant to section 637(a) of this title" after "subparagraph (I)".Subsec. (j)(10)(D)(iv). Pub. L. 101-37, §5(b)(4), substituted "contract awards" for "contact awards". Subsec. (j)(10)(D)(iv)(I). Pub. L. 101-37, §5(b)(5), inserted "relating to attaining business activity from sources other than contracts awarded pursuant to section 637(a) of this title" after "subparagraph (I)".Subsec. (j)(10)(E)(ii). Pub. L. 101-37, §7(a)(1), substituted "completes the period of Program participation as prescribed by paragraph (15)" for "participates in the Program for a period in excess of the time limits prescribed by paragraph (15)".Subsec. (j)(10)(F). Pub. L. 101-37, §7(a)(2), struck out subpar. (F) appearing first, which read as follows: "For the purposes of this subsection and section 637(a) of this title, the terms 'terminated' or 'termination' shall mean the total denial". Pub. L. 101-37, §7(a)(3), in subpar. (F) appearing second, inserted first sentence and struck out former first sentence which read as follows: "For the purposes of this chapter, this subsection and section 637(a) of this title, the terms 'terminated' or 'termination' shall mean the total denial or suspension of assistance provided pursuant to this paragraph or section 637(a) of this title prior to the graduation of the participating small business concern pursuant to subparagraph (H) or the expiration of the maximum program participation in terms prescribed by paragraph (15)."Subsec. (j)(10)(I). Pub. L. 101-37, §10(b), designated as subpar. (I) the undesignated subpar. which followed subpar. (H). Pub. L. 101-37, §10(a), made technical correction to directory language of Pub. L. 100-656, §303(a), see 1988 Amendment note below.Subsec. (j)(10)(J)(i). Pub. L. 101-37, §6(a), substituted "suspended" for "suspended or terminated". Subsec. (j)(11)(B). Pub. L. 101-37, §4(1), added subpar. (B) and struck out former subpar. (B) which read as follows: "Except as provided in section 602(d) of the Business Opportunity Development Reform Act of 1988, any individual upon whom eligibility is based pursuant to section 637(a)(4) of this title, shall be permitted to assert such eligibility for only one small business concern. Notwithstanding the provisions of the preceding sentence, no individual who was determined pursuant to section 637(a) of this title to be socially and economically disadvantaged before June 1, 1989, shall be permitted to assert such disadvantage with respect to any other concern making application for certification after June 1, 1989." Subsec. (j)(11)(E). Pub. L. 101-37, §4(2), (3), substituted "Office of Minority Small Business" for "Office of the Associate Administrator for Minority Small Business" and "the Associate Administrator for Minority Small Business and Capital Ownership Development" for "such Associate Administrator". Subsec. (j)(11)(F)(v). Pub. L. 101-37, §4(4), substituted "to the Associate Administrator" for "with the Associate Administrator". Subsec. (j)(11)(F)(vi). Pub. L. 101-37, §4(5), added cl. (vi) and struck out former cl. (vi) which read as follows: "decide protests from applicants that have been denied program admission;".Subsec. (j)(11)(F)(viii). Pub. L. 101-37, §4(6), substituted "subparagraph (I)" for "subparagraph (H)".Subsec. (j)(11)(G)(ii). Pub. L. 101-37, §4(7), substituted "Participants" for "participants". Subsec. (j)(11)(H), (I). Pub. L. 101-37, §4(9), added subpar. (H) and redesignated former subpar. (H) as (I).Subsec. (j)(12)(A). Pub. L. 101-37, §8(a)(1), substituted "developmental" for "development". Subsec. (j)(12)(B). Pub. L. 101-37, §8(a)(2), inserted "in its effort" after "to assist the concern".Subsec. (j)(13)(E). Pub. L. 101-37, §8(b), inserted second sentence and struck out former second sentence which read as follows: "Such financial assistance may be made without regard to section 647(a) of this title, shall be made by way of reimbursement to the training provider, and shall have such adjustments as may be necessary to provide for overpayments or underpayments." 1988-Subsec. (a)(2). Pub. L. 100-590, §103, inserted ",but any such reduction shall not exceed five points" after "any successor thereto" in second proviso.Subsec. (a)(2)(B)(iii), (iv). Pub. L. 100-418, §8007(a)(1), added cls. (iii) and (iv). Subsec. (a)(3). Pub. L. 100-418, §8007(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "No loan under this subsection shall 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 this chapter would exceed $500,000: Provided, That no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000."Subsec. (a)(12). Pub. L. 100-590, §111(c), designated existing provisions as subpar. (A) and added subpar. (b)[(B)]. Subsec. (a)(14). Pub. L. 100-418, §8005, amended par. (14) generally. Prior to amendment, par. (14) read as follows: "The Administration under this subsection may provide extensions and revolving lines of credit for export purposes to enable small business concerns to develop foreign markets and for preexport financing: Provided, however, That no such extension or revolving line of credit may be made for a period or periods exceeding eighteen months. A bank or participating lending institution may establish the rate of interest on extensions and revolving lines of credit as may be legal and reasonable."Subsec. (a)(16) to (18). Pub. L. 100-418, §8007(a)(3), (4), added pars. (16) and (17) and redesignated former par. (16) as (18). Subsec. (a)(19). Pub. L. 100-533 and Pub. L. 100-590, §102(a), made identical amendments adding par. (19). Subsec. (a)(20). Pub. L. 100-656, §302, added par. (20). Subsec. (b)(1)(A). Pub. L. 100-590, §§119(a), 121, substituted "natural or other disasters" for "floods, riots or civil disorders, or other catastrophes" and inserted proviso that Administration may increase loan up to additional 20 per centum to protect damaged or destroyed property from possible future disasters. Subsec. (b)(2)(A). Pub. L. 100-707, §109(f)(1), substituted "the Disaster Relief and Emergency Assistance Act" for "the Act entitled 'An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes', approved September 30, 1950, as amended ( 42 U.S.C. 1855-1855g )".Subsec. (b)(E). Pub. L. 100-707, §109(f)(2), substituted "section 312(a) of the Disaster Relief and Emergency Assistance Act" for "subsection (b) of section 315 of Public Law 93-288 (4 2 U.S.C. 5155 )". Subsec. (c)(5)(C). Pub. L. 100-590, §120(b), substituted "business or other concern, including agricultural cooperatives," for "business concern".Subsec. (c)(6). Pub. L. 100-590, §122, substituted "refinancing: Provided further, That the Administration shall not require collateral for loans of $10,000 or less which are made under paragraph (1) of subsection (b)". for "refinancing". Subsec. (c)(7). Pub. L. 100-590, §120(a), added par. (7). Subsec. (f). Pub. L. 100-707, §109(f)(3), substituted "section 102(2) of the Disaster Relief and Emergency Assistance Act" for "section 2(a) of the Act of September 30, 1950 ( 42 U.S.C. 1855a(a) )".Subsec. (j)(3)(A). Pub. L. 100-656, §505(h), struck out subpar. (A) which read as follows: "An advisory committee composed of five high-level officers from five United States businesses and five representatives of minority small businesses shall be created to facilitate the achievement of the purposes of this paragraph. The members of the advisory committee shall be appointed by the President. The chairman of the advisory committee, who shall be designated by the President shall report annually to the President and to the Congress on the activities of the advisory committee." Subsec. (j)(10)(A)(i). Pub. L. 100-656, §205(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: "assist small business concerns participating in the Program to develop comprehensive business plans with specific business targets, objectives, and goals for correcting the impairment of such concern's ability to compete, as determined for such concern pursuant to section 637(a)(6) of this title, within a fixed period of time as mutually agreed upon by the applicant and the Administrator prior to acceptance in such program: Provided, That not less than one year prior to the expiration of such period, and upon the request of such concern, the Administration shall review such period and may extend such period as necessary and appropriate: Provided further, That no determination made under this paragraph shall be considered a denial of total participation for the purposes of section 637(a)(9) of this title;". Subsec. (j)(10)(C). Pub. L. 100-656, §205(b)(1), (2), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: "No small business concern shall receive a contract pursuant to section 637(a) of this title unless-"(i) the business plan required pursuant to paragraph (10)(A)(i) is approved by the Administration; and "(ii) the program is able to provide such concern with, but not limited to, such management, technical and financial services as may be necessary to achieve the targets, objectives, and goals of such business."Subsec. (j)(10)(D). Pub. L. 100-656, §205(b)(2), (3), added subpar. (D). Former subpar. (D) redesignated (C). Pub. L. 100-656, §203, added subpar. (D).Subsec. (j)(10)(E) to (H). Pub. L. 100-656, §208, added subpars. (E) to (H). Subsec. (j)(10)[(I)]. Pub. L. 100-656, §303(a), as amended by Pub. L. 101-37, §10(a), added new subpar. without subpar. designation, but which probably was intended to be subpar. (I). See 1989 Amendment note above.Subsec. (j)(10)(J). Pub. L. 100-656, §206, added subpar. (J). Subsec. (j)(11). Pub. L. 100-656, §201(a), designated existing provisions as subpar. (A) and added subpars. (B) to (H). Subsec. (j)(12). Pub. L. 100-656, §301(a), added par. (12).Subsec. (j)(13). Pub. L. 100-656, §301(b), added par. (13).Subsec. (j)(14). Pub. L. 100-656, §301(c), added par. (14).Subsec. (j)(15). Pub. L. 100-656, §202, added par. (15).Subsec. (j)(16). Pub. L. 100-656, §408, added par. (16).1986-Subsec. (a)(2). Pub. L. 99-272, §18013, in subpar. (A) substituted "$155,000" for "$100,000", in subpar. (B)(i) substituted "$155,000" for "$100,000" and "85" for "90", in proviso following subpar. (B) substituted "85" for "90", and inserted a second proviso relating to reduction by the Administration of its participation below the per centum stated in this paragraph and defining "preferred lenders program". Subsec. (a)(15)(B)(i). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text. Subsec. (a)(16). Pub. L. 99-272, §18007, added par. (16).Subsec. (b). Pub. L. 99-272, §18006(a)(1), in provision preceding par. (1) substituted "Except as to agricultural enterprises as defined in section 647(b)(1) of this title, the," for "The", struck out par. (3) which authorized loans, each one not to exceed $500,000, to any small business concern to effect continuation of, additions to, alterations in, or reestablishment in the same or a new location of its plant, facilities, or methods or operation caused by direct action of the Federal Government or as a consequence of Federal Government action provided that the applicant was unable to obtain credit elsewhere, and struck out par. (4) which authorized disaster loans, each one not to exceed $100,000, to any small business concern located in an area of economic dislocation that was the result of the drastic fluctuation in the value of the currency of a country contiguous to the United States and adjustments in the regulation of its monetary system if such concern was unable to obtain credit elsewhere.Subsec. (c)(4). Pub. L. 99-272, §18006(a)(2), struck out provision following subpar. (D) which provided that loans, subject to reductions under subpars. (A) and (B) of par. (1), be in amounts equal to 100 percent of loss if the applicant was a homeowner and 85 percent if the applicant was a business or otherwise, the interest rate for loans under pars. (1) and (2) be the rate of interest in effect on the date the disaster commenced, and the Administrator, in his discretion, waive the $500,000 limitation on the total amount outstanding and committed to the borrower under this subsection if the applicant constituted a major source of employment in an area suffering a disaster. 1984-Subsec. (b)(2). Pub. L. 98-270, §311(1), (3), substituted in provisions preceding subpar. (A) "small business concern or small agricultural cooperative" for "small business concern" and "the concern or the cooperative" for "the concern".Subsec. (b)(2)(D). Pub. L. 98-270, §311(2), substituted "small business concerns or small agricultural cooperatives" for "small business concerns". Subsec. (b)(3). Pub. L. 98-270, §308, inserted "continuation of," after "in effecting" and inserted provision directing that, for purposes of this paragraph, the impact of the 1983 Payment-in-Kind Land Diversion program, or any successor Payment-in-Kind program with a similar impact on the small business community, be deemed to be a consequence of Federal Government action.Subsec. (b)(4). Pub. L. 98-270, §304(2), added par. (4).Subsec. (c). Pub. L. 98-270, §301, added undesignated par. following par. (6).Subsec. (c)(5). Pub. L. 98-270, §301, added par. (5).Subsec. (c)(6). Pub. L. 98-270, §301, added par. (6). Pub. L. 98-270, §309, inserted provision directing that employees of concerns sharing common business premises be aggregated in determining "major source of employment" status for nonprofit applicants owning such premises.Subsec. (d)(1). Pub. L. 98-395 substituted provisions stating that the Administration shall not fund any Small Business Development Center except as authorized for former provisions which prohibited such funding only after October 1, 1980. 1981-Subsec. (a). Pub. L. 97-35, §1902, substituted provisions empowering the Administration to the extent and in such amounts as provided in advance in appropriation acts, for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, and to make loans to qualified small business concerns including those owned by qualified Indian tribes, for purposes of this chapter, and that financing may be made either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred basis for provisions empowering the Administration to make loans to enable small business concerns and such concerns wholly owned by Indian tribes to finance plant construction, conversion, or expansion, including the acquisition of land, or to finance residential or commercial construction or rehabilitation, for sale, with a proviso that such loans shall not be used primarily for the acquisition of land, or to finance the acquisition of equipment, facilities, machinery, supplies, or materials, or to supply such concerns with working capital to be used in the manufacture of articles, equipment, supplies, or materials for war, defense, or civilian production or as may be necessary to insure a well-balanced national economy, and that such loans may be made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis. Subsec. (a)(6)(C). Pub. L. 97-35, §1910, repealed subpar. (C) which read as follows: "the Administration shall not decline to participate in a loan on a deferred basis under this subsection solely because such loan will be used to refinance all or any part of the existing indebtedness of a small business concern, unless the Administration determines that- "(i) the holder of such existing indebtedness is in a position likely to sustain a loss if such refinancing is not provided, and "(ii) if the Administration provides such refinancing through an agreement to participate on a deferred basis, it will be in a position likely to sustain part or all of any loss which would have otherwise been sustained by the holder of the original indebtedness: Provided further, That the Administration may decline to approve such refinancing if it determines that the loan will not benefit the small business concern." Subsec. (a)(8). Pub. L. 97-35, §1910, repealed par. (8) which read as follows: "(8)(A) Any loan made under the authority of this subsection by the Administration in cooperation with a bank or other lending institution through an agreement to participate on a deferred basis, may, upon the concurrence of the Administration, borrower and such bank or institution, have the term of such loan extended or such loan refinanced with an extension of its term: Provided, That the aggregate term of such extended or refinanced loan does not exceed the term permitted pursuant to paragraph (5): And provided further, That such extended loans, or refinancings shall be repaid in equal installments of principal and interest. "(B) An additional service fee not exceeding 1 per centum of the outstanding amount of the principal may be paid by the borrower to the lender in consideration for such lender extending the term or refinancing of such borrower's indebtedness if such extension or refinancing results in the term of such indebtedness exceeding ten years."(C) The authority provided in this paragraph shall not be construed to otherwise limit the authority of the Administration to set terms and conditions of the loan." Subsec. (b)(1). Pub. L. 97-35, §1911, revised provisions to specifically authorize loans only to repair, rehabilitate, or replace property, real or personal, damaged or destroyed, and is not compensated for by insurance or otherwise, and to refinance any mortgage or other lien against a totally destroyed or substantially damaged home or business concern upon finding that the applicant is not able to obtain credit elsewhere, that such property is to be repaired, rehabilitated, or replaced, that the amount refinanced shall not exceed the loss, and that the amount shall be reduced to the extent such mortgage or lien is satisfied by insurance or otherwise. Subsec. (b)(2). Pub. L. 97-35, §1911, revised provisions to continue to authorize loans to business concerns which the Administration determines to have suffered substantial economic injury as a result of a physical disaster as declared under certain pertinent triggering legislation.Subsec. (b)(3) to (9). Pub. L. 97-35, §1913(a), designated existing provisions of par. (5) as (3) with minor changes, and struck out pars. (3), (4), and (6) to (9) relating to non-physical disaster loans. Subsec. (c)(3). Pub. L. 97-35, §1914, substituted "effective date of this Act" for "to October 1, 1983". Subsec. (c)(4). Pub. L. 97-35, §1912, added par. (4). Subsec. (g). Pub. L. 97-35, §1913(c), repealed subsec. (g) which related to loans to small business concerns for water pollution control facilities.1980-Subsec. (a). Pub. L. 96-481, §112, inserted provisions preceding par. (1) empowering the Administration to the extent and in such amounts as are provided in appropriation acts to make or effect either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis extensions and revolving lines of credit for export purposes to enable small business concerns to develop foreign markets and for preexport financing, with proviso limiting the extension of credit or revolving line of credit to a period of eighteen months.Subsec. (a)(8). Pub. L. 96-302, §505, added par. (8).Subsec. (b). Pub. L. 96-302, §124, which directed that cl. (E), respecting duplication of disaster benefits, be added at end of subsec. (b), was executed by inserting cl. (E) following cl. (D) in next to last par. of subsec. (b) as the probable intent of Congress. Subsec. (b)(4). Pub. L. 96-302, §123, substituted "other causes" for "undetermined causes" and made the small business concern ineligible for loan assistance when the concern intentionally adulterates its product in attempting to establish eligibility under the loan assistance program.Subsec. (b)(8). Pub. L. 96-302, §122, authorized loans to assist small business concern affected by a shortage of coal or other energy-producing resource caused by a strike, boycott, or embargo, unless the strike, boycott, or embargo is directly against the small business concern.Subsec. (c)(3). Pub. L. 96-302, §119(a), (b), added subpar. (C) and extended disaster loans to disasters occurring prior to Oct. 1, 1983, instead of Oct. 1, 1982. Subsec. (d)(1). Pub. L. 96-302, §203, substituted provisions respecting: funding of small business development centers under section 648 of this title on and after Oct. 1, 1980; operation of such centers funded prior to Oct. 1, 1979; and prescribing $300,000 limitation for fiscal year 1980, for such centers funded in fiscal year 1979, for provisions respecting grants for studies research, and counseling concerning the managing, financing, and operation of small-business enterprises; study and research recommendation; and conditions, now covered in section 648(a) of this title. Subsec. (j)(10). Pub. L. 96-481, §104, in opening paragraph substituted provision that the program and all other services and activities authorized under this subsection and section 637(a) of this title shall be managed by the Associate Administrator for Minority Small Business and Capital Ownership Development under the Supervision of, and responsible to the Administrator, for provision that the management of the program shall be vested in the Associate Administrator for Minority Small Business and Capital Ownership Development who shall also manage all other services and activities authorized under this subsection and section 637(a) of this title. Subsec. (j)(10)(A)(i). Pub. L. 96-481, §106(a), substituted "targets, objectives, and goals for correcting the impairment of such concern's ability to compete, as determined for such concern pursuant to section 637(a)(6) of this title, within a fixed period of time as mutually agreed upon by the applicant and the Administrator prior to acceptance in such program: Provided, That not less than one year prior to the expiration of such period, and upon the request of such concern, the Administration shall review such period and may extend such period as necessary and appropriate; Provided further, That no determination made under this paragraph shall be considered a denial of participation for the purposes of section 637(a)(9) of this title" for "targets, objectives and goals".Subsec. (j)(10)(C). Pub. L. 96-481, §107, in the conditions required to receive a contract by a small business concern, substituted provisions that the business plan be approved by the Administration and that the program be able to provide the concern with management, technical and financial services necessary to achieve the targets, objectives and goals of such business, for provision that the program be able to provide the concern with management, technical and financial services as may be necessary to promote the competitive viability of the concern within a reasonable period of time. 1979-Subsec. (b) following par. (9). Pub. L. 96-38 inserted ",except as provided in subsection (c) of this section," after "the interest rate on the Administration's share of any loan made under this subsection" in first unnumbered paragraph. Subsec. (c)(3). Pub. L. 96-38 added par. (3). 1978-Subsec. (a). Pub. L. 95-507, §231, inserted provision including small-business concerns totally owned and controlled by Indian tribes within the scope of this section.Subsec. (d). Pub. L. 95-315, §3, designated existing provisions as par. (1) and added par. (2).Subsec. (j). Pub. L. 95-507, §204, included individuals and enterprises eligible for assistance under par. (10) of this subsection and section 637(a) of this title among those eligible for assistance under this section, provided for the establishment of the small business and capital ownership development program, and provided for the coordination of certain Federal policies under this section by the Associate Administrator for Minority Small Business and Capital Ownership Development. Subsec. (k). Pub. L. 95-507, §205, inserted reference to section 637(a). Subsec. (k)(4). Pub. L. 95-510 substituted "the daily equivalent of the highest rate payable under section 5332 of title 5" for "$100 per diem". Subsec. (l). Pub. L. 95-315, §2, added subsec. (l). 1977-Subsec. (a). Pub. L. 95-89, §301, authorized loans to finance residential or commercial construction or rehabilitation for sale, subject to restriction that such loans be not used primarily for the acquisition of land.Subsec. (a)(8). Pub. L. 95-89, §101(d), repealed par. (8) which required the Administrator to make direct loans under subsec. (a) in an aggregate amount of not less than $400,000,000 during fiscal year ending June 30, 1975.Subsec. (b). Pub. L. 95-89, §405, inserted following par. (9) provisions respecting interest rate on loans to repair or replace primary residence and/or replace or repair damaged or destroyed personal property, including installation of insulation in connection with any disaster occurring on or after April 1, 1977, and transmission of a report to congressional committees respecting the activities under the provisions and the encouragement of such insulation installations.Subsec. (b)(2)(C) to (E). Pub. L. 95-89, §403, added subpars. (C) to (E).Subsec. (b)(3). Pub. L. 95-89, §402, substituted "program or project constructed by or with funds provided in whole or in part by the Federal Government or by a program or project by a State or local government or public service entity, providing such government or public service entity has the authority to exercise the right of eminent domain on such program or project" for "federally aided urban renewal program or a highway project or any other construction constructed by or with funds provided in whole or in part by the Federal Government". Subsec. (b)(5). Pub. L. 95-89, §302, inserted "heretofore or hereafter enacted" after "any Federal law". Subsec. (b)(9). Pub. L. 95-89, §404, added par. (9).Subsec. (g)(4). Pub. L. 95-89, §101(e), repealed par. (4) which authorized appropriation of not to exceed $800,000,000 to the disaster fund solely for purpose of carrying out subsec. (g) loans to small business concerns for water pollution control facilities. 1976-Subsec. (a)(1). Pub. L. 94-305, §112(c), inserted reference to non-Federal sources. Subsec. (a)(4)(A). Pub. L. 94-305, §111, substituted "$500,000: Provided, That no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000" for "$350,000". Subsec. (a)(4)(C). Pub. L. 94-305, §108(b), substituted provision relating to a twenty year maturity period for any portion of loan made for the purpose of acquiring real property or constructing facilities for provision relating to a ten year maturity for portion of loan made for purpose of constructing facilities.Subsec. (b). Pub. L. 94-305, §114, in provisions following par. (8), substituted provisions requiring interest rate on Administration's share of any loan made under this subsection not to exceed the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt for provisions requiring interest rate on Administration's share of any loan made under this subsection not to exceed 3 per centum per annum except for loans made under pars. (3), (5), (6), (7), or (8) in which the interest will not exceed either 23/4 per centum per annum or the average annual interest rate of all interest-bearing obligations of the United States then forming a part of the public debt. Subsec. (b)(4). Pub. L. 94-305, §112(d), struck out proviso that loans under subsec. (b)(4) of this section include loans to persons who are engaged in business of raising livestock, and who suffer substantial injury as a result of animal disease.Subsec. (i)(1), (3). Pub. L. 94-305, §109, substituted "$100,000" for "$50,000". 1974-Subsec. (a)(4)(B). Pub. L. 93-386, §8, substituted provisions for determining the rate of interest for the Administration's share of any loan for provisions setting forth the rate of interest for the Administration's share of any loan as not more than 51/2 per centum per annum.Subsec. (a)(5)(B). Pub. L. 93-386, §8, substituted provisions for determining the rate of interest for the Administration's share of any loan for provisions setting forth the rate of interest for the Administration's share of any loan as not less than 3 nor more than 5 per centum per annum.Subsec. (a)(8). Pub. L. 93-386, §12, added par. (8).Subsec. (b)(4). Pub. L. 93-237, §5, inserted proviso that loans under this paragraph include loans to persons who are engaged in the business of raising livestock and who suffer substantial economic injury as a result of animal disease. Subsec. (b)(5) to (7). Pub. L. 93-237, §§2(a), (b), 6, consolidated into a single par. (5) the authority of the Small Business Administration contained in former par. (5) to make loans to small business concerns to meet the requirements of the Federal Coal Mine Health and Safety Act of 1969, the Egg Products Inspection Act, the Wholesome Poultry Products Act, and the Wholesome Meat Act, and former par. (6) to make loans to small business concerns to meet the requirements of the Occupational Safety and Health Act of 1970, expanded such authority to finance structural, operational, or other changes required in order to meet standards imposed by Federal laws, or by State laws enacted in conformity with Federal laws, redesignated former par. (7) as par. (6), and added par. (7). Subsec. (b)(8). Pub. L. 93-386, §9(a), added par. (8). Subsec. (b). Pub. L. 93-386, §9(b), substituted "paragraph (3), (5), (6), (7), or (8)" for "paragraph (3), (5), (6), or (7)" in first par. following the numbered pars.Subsecs. (g), (h). Pub. L. 93-237, §3(a), redesignated subsec. (g), relating to loans to handicapped persons and organizations for handicapped, as (h).Subsec. (h)(2). Pub. L. 93-386, §3(2), inserted "The Administration's share of" before "any loan".Subsecs. (i) to (k). Pub. L. 93-386, §2(a)(4), added subsecs. (i) to (k).1972-Subsec. (b). Pub. L. 92-385 added par. (7), and in text following the numbered paragraphs, inserted provisions relating to the administration of the disaster loan program in relation to disasters occurring between January 1, 1971, and July 1, 1973.Subsec. (g). Pub. L. 92-595 added subsec. (g) relating to loans to handicapped persons and organizations for handicapped. Pub. L. 92-500 added subsec. (g) relating to loans to small business concerns for water pollution control facilities. 1970-Subsec. (b). Pub. L. 91-597 added par. (5) relating to loans for additions or alterations required under the Egg Products Inspection Act, etc., and inserted reference to such par. (5). Pub. L. 91-596 added par. (6) and inserted reference to par. (6) after reference to par. (5). 1969-Subsec. (b). Pub. L. 91-173 added par. (5), and inserted reference to par. (5) after reference to par. (3). 1968-Subsec. (b)(1). Pub. L. 90-448 empowered the Administration to make loans because of riots or civil disorders.Subsec. (b)(3). Pub. L. 90-495 added continuing in business at its existing location, purchasing a business, and establishing a new business to the list of purposes for which loans may be made, and extended the causes of substantial economic injury of the concern involved to include its location in, adjacent to, or near a federally aided urban renewal program, highway project, or other construction project using federal funds. 1967-Subsec. (a)(4). Pub. L. 90-104, §103, extended maturity date for construction loans from ten to fifteen years. Subsec. (f). Pub. L. 90-104, §104, redesignated subsec. (e), added by Pub. L. 89-769 as (f). 1966-Subsec. (e). Pub. L. 89-409 added subsec. (e). Pub. L. 89-769 added subsec. (e) which provided for assistance to privately owned higher education in major disaster areas and repayment. 1965-Subsec. (b). Pub. L. 89-59, §1(a), increased the maturity of disaster loans from twenty to thirty years, and authorized suspension of principal and interest payments and extension of date of maturity for five year period.Subsec. (c). Pub. L. 89-59, §1(b), designated existing provisions as par. (1) and added par. (2). 1964-Subsecs. (b)(2), (4). Pub. L. 88-264 extended provisions of par. (2) to any small business affected by disasters other than drought or excessive rainfall and added par. (4) for disaster loans to any such business suffering economic injuries through natural or undetermined causes.Subsec. (b)(3). Pub. L. 88-560 provided that the purposes of a loan under this paragraph may include the purchase or construction of other premises whether or not the borrower owned the premises from which it was displaced. 1961-Subsec. (b). Pub. L. 87-70 added par. (3), and inserted provisions limiting the interest rate in the case of loans made pursuant to par. (3) to not more than the higher of (A) 23/4 per centum per annum, or (B) the average annual interest rate on all interest-bearing obligations 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-eighth of 1 per centum, plus one-quarter of 1 per centum per annum.Subsec. (d). Pub. L. 87-305 empowered the Administration to make grants to any corporation formed by two or more eligible entities described in the text, authorized it to recommend to grant applicants particular studies or research, eliminated the limitation of one grant to a State, and conditioned grants to the procurement of additional amounts from sources other than the Administration. 1959-Subsec. (d). Pub. L. 86-367 struck out provision for making the grants from the fund established in the Treasury by section 602(b) of the Small Business Investment Act of 1958. 1958-Subsec. (d). Pub. L. 85-699 added subsec. (d).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAMECommittee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. Previously, Select Committee on Small Business of Senate became Committee on Small Business of Senate. See Senate Resolution No. 101, Ninety-Seventh Congress, Mar. 25, 1981.
EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 117-2, title V, §5001(c)(3), Mar. 11, 2021, 135 Stat. 84, provided that: "The amendments made by this subsection [amending this section and section 636m of this title] shall apply only with respect to applications for forgiveness of covered loans made under paragraphs (36) or (37) of section 7(a) of the Small Business Act [1 5 U.S.C. 636(a)(36), (37) ], as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260), that are received on or after the date of the enactment of this Act [Mar. 11, 2021]."
EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116-260, div. N, title III, §304(c), Dec. 27, 2020, 134 Stat. 1996, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by subsections (a) and (b) [transferring section 9005 of this title to section 636m of this title and amending this section and sections 636m and 9008 of this title] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan."(2) EXCLUSION OF LOANS ALREADY FORGIVEN.-The amendments made by subsections (a) and (b) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act [1 5 U.S.C. 9005], as in effect on the day before such date of enactment." Pub. L. 116-260, div. N, title III, §308(b), Dec. 27, 2020, 134 Stat. 2000, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §310(a)(2), Dec. 27, 2020, 134 Stat. 2000, provided that: "The amendment made by paragraph (1) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §313(b), Dec. 27, 2020, 134 Stat. 2009, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan. "(2) EXCLUSION OF LOANS ALREADY FORGIVEN.-The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act [1 5 U.S.C. 9005], as in effect on the day before such date of enactment." Pub. L. 116-260, div. N, title III, §315(c), Dec. 27, 2020, 134 Stat. 2011, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 636m of this title] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §326(a)(2), Dec. 27, 2020, 134 Stat. 2036, provided in part that the amendment made by section 326(a)(2) of Pub. L. 116-260 is effective Oct. 1, 2021. Pub. L. 116-260, div. N, title III, §326(b)(2)(B), Dec. 27, 2020, 134 Stat. 2037, provided in part that the amendment made by section 326(b)(2)(B) of Pub. L. 116-260 is effective Oct. 1, 2021. Pub. L. 116-260, div. N, title III, §329(a)(2), Dec. 27, 2020, 134 Stat. 2042, provided in part that the amendment made by section 329(a)(2) of Pub. L. 116-260 is effective Oct. 1, 2021. Pub. L. 116-260, div. N, title III, §335(b), Dec. 27, 2020, 134 Stat. 2047, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §336(b), Dec. 27, 2020, 134 Stat. 2048, provided that: "(1) IN GENERAL.-Except as provided in paragraph (2), the amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan."(2) EXCLUSION OF LOANS ALREADY FORGIVEN.-The amendment made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act [1 5 U.S.C. 9005], as in effect on the day before such date of enactment." Pub. L. 116-260, div. N, title III, §337(b), Dec. 27, 2020, 134 Stat. 2048, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §338(b), Dec. 27, 2020, 134 Stat. 2048, provided that: "The amendments made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §339(a), (c), Dec. 27, 2020, 134 Stat. 2049, provided that: "(a) DEFINITIONS.-In this section [amending this section and enacting this note], the terms 'covered loan' and 'eligible recipient' have the meanings given the terms in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A))."(c) APPLICABILITY.-The amendment made by subsection (b) [amending this section] may apply with respect to a covered loan made before the date of enactment of this Act [Dec. 27, 2020], upon the agreement of the lender and the eligible recipient with respect to the covered loan." Pub. L. 116-260, div. N, title III, §340(b)(2), Dec. 27, 2020, 134 Stat. 2050, provided that: "The amendment made by paragraph (1) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §343(b), Dec. 27, 2020, 134 Stat. 2051, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan." Pub. L. 116-260, div. N, title III, §348, Dec. 27, 2020, 134 Stat. 2052, provided that: "Except as otherwise provided in this Act [probably means "this title", title III of div. N of Pub. L. 116-260 see Tables for classification], this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [Dec. 27, 2020] and apply to loans and grants made on or after the date of enactment of this Act." Pub. L. 116-142, §2(b), June 5, 2020, 134 Stat. 641, provided that: "The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [June 5, 2020] and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) on or after such date. Nothing in this Act [see Short Title of 2020 Amendment note set out under section 631 of this title], the CARES Act (Public Law 116-136) [see Short Title note set out under section 9001 of this title], or the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139) [see Short Title of 2020 Amendment note set out under section 9001 of this title] shall be construed to prohibit lenders and borrowers from mutually agreeing to modify the maturity terms of a covered loan described in subparagraph (K) of such section [1 5 U.S.C. 636(a)(36)(K) ] to conform with requirements of this section." Pub. L. 116-142, §3(d), June 5, 2020, 134 Stat. 643, provided that: "The amendments made by this section [amending this section and section 9005 of this title] shall be effective as if included in the CARES Act (Public Law 116-136) [see Short Title note set out under section 9001 of this title] and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the CARES Act [1 5 U.S.C. 9008] ." Pub. L. 116-136, div. A, title I, §1102(c)(2), Mar. 27, 2020, 134 Stat. 294, as amended by Pub. L. 116-260, div. N, title III, §326(b)(1), Dec. 27, 2020, 134 Stat. 2036, provided in part that the amendment made by section 1102(c)(2) of Pub. L. 116-136 is effective on Oct. 1, 2021.
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-92, div. A, title VIII, §877(b), Dec. 20, 2019, 133 Stat. 1529, provided that: "The amendments made by subsection (a)(1) [amending this section] shall apply to an economic injury suffered or likely to be suffered as the result of an essential employee being ordered to perform active service (as defined in section 101(d)(3) of title 10, United States Code) for a period of more than 30 consecutive days who is discharged or released from such active service on or after the date of enactment of this Act [Dec. 20, 2019]."
EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114-88, div. B, title I, §2102(b), Nov. 25, 2015, 129 Stat. 690, as amended by Pub. L. 115-280, §1, Nov. 29, 2018, 132 Stat. 4190; Pub. L. 116-70, §2, Nov. 22, 2019, 133 Stat. 1145, provided that the amendment made by section 2102(b) is effective on the date that is 7 years after Nov. 25, 2015.
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113-128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113-128 set out as an Effective Date note under section 3101 of Title 29, Labor.
EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111-240, title I, §1111(b), Sept. 27, 2010, 124 Stat. 2508, provided that the amendment made by section 1111(b) is effective Jan. 1, 2011. Pub. L. 111-240, title I, §1133(b), Sept. 27, 2010, 124 Stat. 2515, provided that the amendment made by section 1133(b) is effective Sept. 30, 2013. Pub. L. 111-240, title I, §1135(b), Sept. 27, 2010, 124 Stat. 2520, provided that the amendment made by section 1135(b) is effective 1 year after Sept. 27, 2010. Pub. L. 111-240, title I, §1206(h), Sept. 27, 2010, 124 Stat. 2532, provided that: "The amendments made by subsections (a) through (f) [amending this section] shall apply with respect to any loan made after the date of enactment of this Act [Sept. 27, 2010]." Pub. L. 111-240, title I, §1401(c), Sept. 27, 2010, 124 Stat. 2549, provided that the amendment made by section 1401(c)(1) is effective Oct. 1, 2012.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110-234 by Pub. L. 110-246 effective May 22, 2008, the date of enactment of Pub. L. 110-234 except as otherwise provided, see section 4 of Pub. L. 110-246 set out as an Effective Date note under section 8701 of Title 7, Agriculture. Pub. L. 110-234, title XII, §12078(b)(2), May 22, 2008, 122 Stat. 1415, and Pub. L. 110-246, §4(a), title XII, §12078(b)(2), June 18, 2008, 122 Stat. 1664, 2177, provided that: "The amendment made by paragraph (1) [amending this section] shall apply with respect to a loan or guarantee made after the date of enactment of this Act [June 18, 2008]." [Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.] Pub. L. 110-234, title XII, §12083(b), May 22, 2008, 122 Stat. 1420, and Pub. L. 110-246, §4(a), title XII, §12083(b), June 18, 2008, 122 Stat. 1664, 2182, provided that: "The amendments made by this section [amending this section] shall apply to any major disaster declared on or after the date of enactment of this Act [June 18, 2008]."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.]
EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140 set out as an Effective Date note under section 1824 of Title 2, The Congress.
EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108-447, div. K, title I, §101(b), Dec. 8, 2004, 118 Stat. 3443, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Dec. 8, 2004]." Pub. L. 108-447, div. K, title I, §103(b), Dec. 8, 2004, 118 Stat. 3444, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Dec. 8, 2004]." Pub. L. 108-447, div. K, title I, §107(c), Dec. 8, 2004, 118 Stat. 3446, provided that: "The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 8, 2004]."
EFFECTIVE DATE OF 2001 AMENDMENT Amendment by Pub. L. 107-100 effective Oct. 1, 2002, see section 6(e) of Pub. L. 107-100 set out in an Effective Date of 2001 Amendment; Use of Funds note under section 697 of this title.
EFFECTIVE AND TERMINATION DATES OF 1999 AMENDMENTS Pub. L. 106-50, title IV, §402(e), Aug. 17, 1999, 113 Stat. 246, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this section [Aug. 17, 1999]. "(2) DISASTER LOANS.-The amendments made by subsection (b) [amending this section] shall apply to economic injury suffered or likely to be suffered as the result of a period of military conflict occurring or ending on or after March 24, 1999." Pub. L. 106-8, §3(c), Apr. 2, 1999, 113 Stat. 16, provided that effective Dec. 31, 2000, this section (amending this section and enacting provisions set out as a note under this section) and the amendments made by this section are repealed.
EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, §405(d)(10)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(9)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, §405(g)(1), (2)(B)] of Pub. L. 105-277 set out as a note under section 3502 of Title 5, Government Organization and Employees.
EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-135 effective on Oct. 1, 1997, see section 3 of Pub. L. 105-135 set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104-208 effective Oct. 1, 1996, see section 3 of Pub. L. 104-208 set out as a note under section 633 of this title.
EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-36 inapplicable to loans made or guaranteed under Small Business Act or Small Business Investment Act of 1958 before Oct. 12, 1995, unless such loans are refinanced, extended, restructured, or renewed on or after Oct. 12, 1995, see section 8 of Pub. L. 104-36 set out as a note under section 634 of this title.
EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT Pub. L. 103-403, title II, §208(c), Oct. 22, 1994, 108 Stat. 4182, provided that: "The amendments made by this section [amending this section] shall remain in effect during the period beginning on the date of enactment of this Act [Oct. 22, 1994] and ending on October 1, 1997."
EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103-81, §5(b), Aug. 13, 1993, 107 Stat. 782, provided that: "Notwithstanding any other provision of law, the amendments made by subsection (a) [amending this section] shall be effective September 1, 1993, but shall not be applicable to loan guarantee applications received by the Administration prior to August 21, 1993. In order to determine the percent of the loan to be guaranteed pursuant to the amendments made by subsection (a), the Administration shall aggregate the outstanding guaranteed principal of multiple loan guarantees issued on behalf of the same borrower."
EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102-366, title I, §113(b), Sept. 4, 1992, 106 Stat. 993, provided that: "The amendments made by paragraphs (4) and (5) of subsection (a) [amending this section] shall become effective on October 1, 1992."
EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101-37 applicable as if included in Pub. L. 100-656 see section 32 of Pub. L. 101-37 set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTS Amendments by sections 202, 203, 206, 301(a), 408, and 505(h) of Pub. L. 100-656 and subsec. (j)(13)(G) and (I) of this section as added by section 301(b) of Pub. L. 100-656 effective Nov. 15, 1988, see section 803(a) of Pub. L. 100-656 set out as a note under section 631 of this title. Amendments by sections 201(a), 205, 208, 301(b), (c), and 303(a) of Pub. L. 100-656 effective Aug. 15, 1989, see section 803(b)(1)(A), (B) of Pub. L. 100-656 as amended, set out as a note under section 631 of this title.Amendment by section 302 of Pub. L. 100-656 effective June 1, 1989, see section 803(b)(2) of Pub. L. 100-656 as amended, set out as a note under section 631 of this title. Subsection (j)(13)(E) of this section as added by section 301(b) of Pub. L. 100-656 effective Oct. 1, 1989, see section 803(b)(4)(D) of Pub. L. 100-656 as amended, set out as a note under section 631 of this title. Amendments by sections 119(a) and 120 to 122 of Pub. L. 100-590 effective for all loan applications resulting from disaster declarations made on or after Aug. 1, 1988, or from disaster declarations whose filing periods were open on Oct. 1, 1988, see section 137 of Pub. L. 100-590 set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-270 effective Oct. 1, 1983, see section 313 of Pub. L. 98-270 set out as a note under section 632 of this title. Pub. L. 98-270, title III, §307, Apr. 18, 1984, 98 Stat. 161, provided that: "The amendments made by sections 304 and 305 of this title [amending this section and provisions set out as a note under section 631 of this title] shall apply to economic dislocations certified by any State Governor to the Small Business Administration after the date of enactment of this Act [Apr. 18, 1984] providing such dislocation commenced since January 1, 1982." Amendment by section 311 of Pub. L. 98-270 applicable to loans granted on the basis of any disaster with respect to which a declaration has been issued after Sept. 1, 1982, under subsec. (b)(2)(A), (B), or (C) of this section or with respect to which a certification has been made after such date under subsec. (b)(2)(D) of this section, see section 312 of Pub. L. 98-270 set out as a note under section 632 of this title.
EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-35, title XIX, §1910, Aug. 13, 1981, 95 Stat. 778, provided that the repeal of subsec. (a)(6)(C), (8) of this section is effective Oct. 1, 1985.Amendment by section 1913 of Pub. L. 97-35 effective Oct. 1, 1981, amendments by sections 1902, 1911, 1912, and 1914 of Pub. L. 97-35 effective Aug. 13, 1981, but shall not affect any financing made, obligated, or committed under this chapter or chapter 14B of this title prior to Aug. 13, 1981, see section 1918 of Pub. L. 97-35 set out as a note under section 631 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section 507 of Pub. L. 96-302 set out as a note under section 631 of this title. Pub. L. 96-302, title I, §119(d), July 2, 1980, 94 Stat. 841, provided that: "The amendments made by this section to sections 7(c)(3)(C) [subsection (c)(3) of this section] and 18 [section 647 of this title] of the Small Business Act shall not apply to any disaster which commenced on or before the effective date of this Act."
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-510 effective Oct. 1, 1979, see section 105 of Pub. L. 95-510 set out as a note under section 634 of this title.
EFFECTIVE DATE OF 1977 AMENDMENT Amendment by section 101(d), (e) of Pub. L. 95-89 effective Oct. 1, 1977, see section 106 of Pub. L. 95-89 set out as a note under section 633 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92-385, §1(b), Aug. 16, 1972, 86 Stat. 555, provided that: "The last paragraph of the amendment made by subsection (a) [amending this section] shall apply only with respect to loans made on or after the date of enactment of this Act [Aug. 16, 1972]."
EFFECTIVE DATE OF 1970 AMENDMENTSFor effective date of amendment by Pub. L. 91-597 see section 29 of Pub. L. 91-597 set out as a note under section 1031 of Title 21, Food and Drugs. Amendment by Pub. L. 91-596 effective 120 days after Dec. 29, 1970, see section 34 of Pub. L. 91-596 set out as a note under section 651 of Title 29, Labor.
EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section 37 of Pub. L. 90-495 set out as a note under section 101 of Title 23, Highways.
EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89-409, §3(c), May 2, 1966, 80 Stat. 133, provided that: "This section [amending this section, repealing section 637a of this title, and enacting provisions set out as a note under section 633 of this title] shall take effect on July 1, 1966."
REGULATIONS Pub. L. 117-249, §2(b), Dec. 20, 2022, 136 Stat. 2351, provided that: "Not later than 120 days after the date of enactment of this Act [Dec. 20, 2022], the Administrator of the Small Business Administration shall issue regulations to carry out the amendment made by subsection (a) [amending this section]." Pub. L. 116-136, div. A, title I, §1102(e), Mar. 27, 2020, 134 Stat. 294, provided that: "On and after the date of enactment of this Act [Mar. 27, 2020], the interim final rule published by the Administrator entitled 'Express Loan Programs: Affiliation Standards' (85 Fed. Reg. 7622 (February 10, 2020)) is permanently rescinded and shall have no force or effect." Pub. L. 111-240, title I, §1131(b), Sept. 27, 2010, 124 Stat. 2514, provided that: "Not later than 180 days after the date of enactment of this Act [Sept. 27, 2010], the Administrator [of the Small Business Administration] shall issue regulations to carry out section 7(l) of the Small Business Act [1 5 U.S.C. 636(l) ], as amended by subsection (a)." Pub. L. 106-50, title IV, §402(d), Aug. 17, 1999, 113 Stat. 246, provided that: "Not later than 30 days after the date of the enactment of this section [Aug. 17, 1999], the Administrator of the Small Business Administration shall issue such guidelines as the Administrator determines to be necessary to carry out this section [amending this section and enacting provisions set out as notes under this section] and the amendments made by this section." Pub. L. 106-8, §3(b), Apr. 2, 1999, 113 Stat. 15, which provided that not later than 30 days after Apr. 2, 1999, Administrator of the Small Business Administration was to issue guidelines to carry out the program under former subsec. (a)(27) of this section, was repealed by Pub. L. 106-8, §3(c), Apr. 2, 1999, 113 Stat. 16, effective Dec. 31, 2000. Section 114 of Pub. L. 102-366 provided that: "Not later than 45 days after the date of enactment of this Act [Sept. 4, 1992], the Small Business Administration shall promulgate interim final regulations to implement the amendments made by this subtitle [subtitle B (§§111-115) of title I of Pub. L. 102-366 amending this section, enacting provisions set out as notes below, and amending provisions set out as a note under section 631 of this title]." Pub. L. 102-140, title VI, §609(i), Oct. 28, 1991, 105 Stat. 831, provided that: "Not later than 90 days after the date of the enactment of this Act [Oct. 28, 1991], the Small Business Administration shall promulgate interim final regulations to implement the microloan demonstration program." Pub. L. 100-656, title VIII, §801, Nov. 15, 1988, 102 Stat. 3898, as amended by Pub. L. 101-37, §30, June 15, 1989, 103 Stat. 76, provided that: "The Small Business Administration shall-"(1) within 60 days after the date of enactment of this Act [Nov. 15, 1988] conduct meetings of present and potential participants in the program established by section 7(j)(10) of the Small Business Act [1 5 U.S.C. 636(j)(10) ], as amended by this Act, to ascertain and consider public comment on the nature and extent of regulations needed to implement this Act [see Short Title of 1988 Amendment note set out under section 631 of this title];"(2) within one hundred and twenty days after the date of enactment of this Act, publish in the Federal Register proposed rules and regulations implementing this Act; and"(3) within 270 days after the date of enactment of this Act, publish in the Federal Register final rules and regulations implementing this Act."
TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which reports required under subsections (a)(15)(E) and (j)(16)(B) of this section are listed on page 191), see section 3003 of Pub. L. 104-66 as amended, set out as a note under section 1113 of Title 31, Money and Finance.
TRANSFER OF FUNCTIONSFor transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
RESTRICTION Pub. L. 117-6, §2(c), Mar. 30, 2021, 135 Stat. 250, provided that: "From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (1 5 U.S.C. 636(a) ) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021."
SUBSEQUENT PAYCHECK PROTECTION PROGRAM LOANS Pub. L. 116-260, div. N, title II, §276(b), Dec. 27, 2020, 134 Stat. 1979, provided that: "For purposes of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.], in the case of any taxable year ending after the date of the enactment of this Act [Dec. 27, 2020]-"(1) no amount shall be included in the gross income of an eligible entity (within the meaning of subparagraph (J) of section 7(a)(37) of the Small Business Act [15 U.S.C. 636(a)(37)] ) by reason of forgiveness of indebtedness described in clause (ii) of such subparagraph,"(2) no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by paragraph (1), and "(3) in the case of an eligible entity that is a partnership or S corporation-"(A) any amount excluded from income by reason of paragraph (1) shall be treated as tax exempt income for purposes of sections 705 and 1366 of the Internal Revenue Code of 1986 [26 U.S.C. 705, 1366], and"(B) except as provided by the Secretary of the Treasury (or the Secretary's delegate), any increase in the adjusted basis of a partner's interest in a partnership under section 705 of the Internal Revenue Code of 1986 with respect to any amount described in subparagraph (A) shall equal the partner's distributive share of deductions resulting from costs giving rise to the forgiveness of indebtedness referred to in paragraph (1)."
DEMOGRAPHIC INFORMATION ON LOAN APPLICATIONS Pub. L. 116-260, div. N, title III, §309, Dec. 27, 2020, 134 Stat. 2000, provided that: "On and after the date of enactment of this Act [Dec. 27, 2020], any loan origination application for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (1 5 U.S.C. 636(a) ), as amended and added by this division, shall include a means by which the applicant for the loan may, at the discretion of the applicant, submit demographic information of the owner of the recipient of the loan, including the sex, race, ethnicity, and veteran status of the owner."
ELIGIBLE CHURCHES AND RELIGIOUS ORGANIZATIONS Pub. L. 116-260, div. N, title III, §311(c), Dec. 27, 2020, 134 Stat. 2007, provided that:"(1) SENSE OF CONGRESS.-It is the sense of Congress that the interim final rule of the [Small Business] Administration entitled 'Business Loan Program Temporary Changes; Paycheck Protection Program' (85 Fed. Reg. 20817 (April 15, 2020)) properly clarified the eligibility of churches and religious organizations for loans made under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a))."(2) APPLICABILITY OF PROHIBITION.-The prohibition on eligibility established by section 120.110(k) of title 13, Code of Federal Regulations, or any successor regulation, shall not apply to a loan under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a))."
INCREASED ABILITY FOR PAYCHECK PROTECTION PROGRAM BORROWERS TO REQUEST AN INCREASE IN LOAN AMOUNT DUE TO UPDATED REGULATIONS Pub. L. 116-260, div. N, title III, §312, Dec. 27, 2020, 134 Stat. 2007, provided that:"(a) DEFINITIONS.-In this section- "(1) the terms 'covered loan' and 'eligible recipient' have the meanings given those terms in 7(a)(36)(A) of the Small Business Act (1 5 U.S.C. 636(a)(36)(A) ); and"(2) the term 'included covered loan' means a covered loan for which, as of the date of enactment of this Act [Dec. 27, 2020], the borrower had not received forgiveness under section 1106 of the CARES Act [1 5 U.S.C. 9005], as in effect on the day before such date of enactment."(b) RULES OR GUIDANCE.-Not later than 17 days after the date of enactment of this Act, and without regard to the notice requirements under section 553(b) of title 5, United States Code, the Administrator [of the Small Business Administration] shall issue rules or guidance to ensure that an eligible recipient of an included covered loan that returns amounts disbursed under the included covered loan or does not accept the full amount of the included covered loan for which the eligible recipient was approved-"(1) in the case of an eligible recipient that returned all or part of an included covered loan, the eligible recipient may reapply for a covered loan for an amount equal to the difference between the amount retained and the maximum amount applicable; and"(2) in the case of an eligible recipient that did not accept the full amount of an included covered loan, the eligible recipient may request a modification to increase the amount of the covered loan to the maximum amount applicable, subject to the requirements of section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) )."(c) INTERIM FINAL RULES.-Notwithstanding the interim final rule issued by the Administration entitled 'Business Loan Program Temporary Changes; Paycheck Protection Program-Loan Increases' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible recipient of an included covered loan that is eligible for an increased covered loan amount as a result of any interim final rule that allows for covered loan increases may submit a request for an increase in the included covered loan amount even if-"(1) the initial covered loan amount has been fully disbursed; or"(2) the lender of the initial covered loan has submitted to the [Small Business] Administration a Form 1502 report related to the covered loan."
FARM CREDIT SYSTEM INSTITUTIONS Pub. L. 116-260, div. N, title III, §314, Dec. 27, 2020, 134 Stat. 2009, provided that:"(a) DEFINITION OF FARM CREDIT SYSTEM INSTITUTION.-In this section, the term 'Farm Credit System institution'-"(1) means an institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (1 2 U.S.C. 2001 et seq.); and"(2) does not include the Federal Agricultural Mortgage Corporation. "(b) FACILITATION OF PARTICIPATION IN PPP AND SECOND DRAW LOANS.- "(1) APPLICABLE RULES.-Solely with respect to loans under paragraphs (36) and (37) of section 7(a) of the Small Business Act (1 5 U.S.C. 636(a) ), Farm Credit Administration regulations and guidance issued as of July 14, 2020, and compliance with such regulations and guidance, shall be deemed functionally equivalent to requirements referenced in section 3(a)(iii)(II) of the interim final rule of the [Small Business] Administration entitled 'Business Loan Program Temporary Changes; Paycheck Protection Program' (85 Fed. Reg. 20811 (April 15, 2020)) or any similar requirement referenced in that interim final rule in implementing such paragraph (37). "(2) APPLICABILITY OF CERTAIN LOAN REQUIREMENTS.-For purposes of making loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving those loans in accordance with section 7A of the Small Business Act [1 5 U.S.C. 636m ], as redesignated and transferred by section 304 of this Act, and subparagraph (J) of such paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm Credit Act of 1971 (1 2 U.S.C. 2199, 2202, 2202a ) (including regulations issued under those sections) shall not apply. "(3) RISK WEIGHT.- "(A) IN GENERAL.-With respect to the application of Farm Credit Administration capital requirements, a loan described in subparagraph (B)-"(i) shall receive a risk weight of zero percent; and"(ii) shall not be included in the calculation of any applicable leverage ratio or other applicable capital ratio or calculation."(B) LOANS DESCRIBED.-A loan referred to in subparagraph (A) is-"(i) a loan made by a Farm Credit Bank described in section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to a Federal Land Bank Association, a Production Credit Association, or an agricultural credit association described in that section to make loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgive those loans in accordance with section 7A of the Small Business Act [1 5 U.S.C. 636m ], as redesignated and transferred by section 304 of this Act, and subparagraph (J) of such paragraph (37); or "(ii) a loan made by a Federal Land Bank Association, a Production Credit Association, an agricultural credit association, or the bank for cooperatives described in section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) under paragraph (36) or (37) of section 7(a) of the Small Business Act (1 5 U.S.C. 636(a) )."(c) EFFECTIVE DATE; APPLICABILITY.-This section shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (1 5 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan."
CONFLICTS OF INTEREST Pub. L. 116-260, div. N, title III, §322, Dec. 27, 2020, 134 Stat. 2017, provided that:"(a) DEFINITIONS.-In this section: "(1) CONTROLLING INTEREST.-The term 'controlling interest' means owning, controlling, or holding not less than 20 percent, by vote or value, of the outstanding amount of any class of equity interest in an entity. "(2) COVERED ENTITY.- "(A) DEFINITION.-The term 'covered entity' means an entity in which a covered individual directly or indirectly holds a controlling interest."(B) TREATMENT OF SECURITIES.-For the purpose of determining whether an entity is a covered entity, the securities owned, controlled, or held by 2 or more individuals who are related as described in paragraph (3)(B) shall be aggregated. "(3) COVERED INDIVIDUAL.-The term 'covered individual' means-"(A) the President, the Vice President, the head of an Executive department, or a Member of Congress; and"(B) the spouse, as determined under applicable common law, of an individual described in subparagraph (A)."(4) EXECUTIVE DEPARTMENT.-The term 'Executive department' has the meaning given the term in section 101 of title 5, United States Code."(5) MEMBER OF CONGRESS.-The term 'Member of Congress' means a Member of the Senate or House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico."(6) EQUITY INTEREST.-The term 'equity interest' means-"(A) a share in an entity, without regard to whether the share is-"(i) transferable; or"(ii) classified as stock or anything similar;"(B) a capital or profit interest in a limited liability company or partnership; or "(C) a warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share or interest described in subparagraph (A) or (B), respectively."(b) REQUIREMENT FOR DISCLOSURE REGARDING EXISTING LOANS.-For any loan under paragraph (36) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) made to a covered entity before the date of enactment of this Act [Dec. 27, 2020]-"(1) if, before the date of enactment of this Act, the covered entity submitted an application for forgiveness under section 1106 of the CARES Act (1 5 U.S.C. 9005) (as such section was in effect on the day before the date of enactment of this Act) with respect to such loan, not later than 30 days after the date of enactment of this Act, the principal executive officer, or individual performing a similar function, of the covered entity shall disclose to the Administrator that the entity is a covered entity; and"(2) if, on or after the date of enactment of this Act, the covered entity submits an application for forgiveness under section 7A of the Small Business Act [1 5 U.S.C. 636m ], as redesignated and transferred by section 304 of this Act, with respect to such loan, not later than 30 days after submitting the application, the principal executive officer, or individual performing a similar function, of the covered entity shall disclose to the Administrator [of the Small Business Administration] that the entity is a covered entity."(c) BAN ON NEW LOANS.-On and after the date of enactment of this Act [Dec. 27, 2020], a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added and amended by this Act, may not be made to a covered entity."
TEMPORARY ADMINISTRATIVE FEE WAIVER Pub. L. 116-260, div. N, title III, §327(a), Dec. 27, 2020, 134 Stat. 2037, provided that:"(1) IN GENERAL.-During the period beginning on the date of enactment of this Act [Dec. 27, 2020] and ending on September 30, 2021, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act (1 5 U.S.C. 636(a) ) (including a recipient of assistance under the Community Advantage Pilot Program of the [Small Business] Administration) for which an application is approved or pending approval on or after the date of enactment of this Act, the Administrator [of the Small Business Administration] shall- "(A) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (1 5 U.S.C. 636(a)(23)(A) ), collect no fee or reduce fees to the maximum extent possible; and"(B) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (1 5 U.S.C. 636(a)(18)(A) ), collect no fee or reduce fees to the maximum extent possible. "(2) APPLICATION OF FEE ELIMINATIONS OR REDUCTIONS.-To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under paragraph (1), the Administrator shall-"(A) first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), to the maximum extent possible; and"(B) then use any amounts provided to eliminate or reduce fees under 7(a)(23)(A) of the Small Business Act (1 5 U.S.C. 636(a)(23)(A) )."
TEMPORARY WAIVER OF TECHNICAL ASSISTANCE GRANTS MATCHING REQUIREMENTS AND FLEXIBILITY ON PRE- AND POST-LOAN ASSISTANCE Pub. L. 116-260, div. N, title III, §329(b), Dec. 27, 2020, 134 Stat. 2042, provided that: "During the period beginning on the date of enactment of this Act [Dec. 27, 2020] and ending on September 30, 2021, the [Small Business] Administration shall waive-"(1) the requirement to contribute non-Federal funds under section 7(m)(4)(B) of the Small Business Act (1 5 U.S.C. 636(m) (4)(B) ); and"(2) the limitation on amounts allowed to be expended to provide information and technical assistance under clause (i) of section 7(m)(4)(E) of the Small Business Act (1 5 U.S.C. 636(m)(4)(E) ) and enter into third party contracts for the provision of technical assistance under clause (ii) of such section 7(m)(4)(E)."
TEMPORARY DURATION OF LOANS TO BORROWERS Pub. L. 116-260, div. N, title III, §329(c), Dec. 27, 2020, 134 Stat. 2042, provided that:"(1) IN GENERAL.-During the period beginning on the date of enactment of this Act [Dec. 27, 2020] and ending on September 30, 2021, the duration of a loan made by an eligible intermediary under section 7(m) of the Small Business Act (15 U.S.C. 636(m))- "(A) to an existing borrower may be extended to not more than 8 years; and "(B) to a new borrower may be not more than 8 years. "(2) REVERSION.-On and after October 1, 2021, the duration of a loan made by an eligible intermediary to a borrower under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) shall be 7 years or such other amount established by the Administrator [of the Small Business Administration]."
FINDINGS Pub. L. 114-88, div. A, §10021002,, 129 Stat. 687, provided that: "Congress finds the following:"(1) In 2012, Superstorm Sandy caused substantial physical and economic damage to the United States, and New York in particular."(2) For businesses and homeowners, the primary means of obtaining long-term Federal financial assistance in the wake of disasters such as Superstorm Sandy is through the Small Business Administration's Disaster Loan Program."(3) With regard to the Small Business Administration's operation of the Disaster Loan Program after Superstorm Sandy, the Government Accountability Office found that the Administration did not meet its timeliness goals for processing business loan applications."(4) According to the Government Accountability Office, the Small Business Administration stated that it was challenged by an unexpectedly high volume of loan applications that it received early in its response to Superstorm Sandy."(5) As a result, many businesses and homeowners affected by Superstorm Sandy were unable to apply for financing from the Small Business Administration."
AVAILABILITY OF FUNDS Pub. L. 111-240, title I, §1131(c), Sept. 27, 2010, 124 Stat. 2514, provided that: "Any amounts provided to the Administrator [of the Small Business Administration] for the purposes of carrying out section 7(l) of the Small Business Act [15 U.S.C. 636(l)], as amended by subsection (a), shall remain available until expended."
MARKETING AND OUTREACH Pub. L. 110-234, title XII, §12063(b), May 22, 2008, 122 Stat. 1408, and Pub. L. 110-246, §4(a), title XII, §12063(b), June 18, 2008, 122 Stat. 1664, 2170, provided that: "Not later than 90 days after the date of enactment of this Act [June 18, 2008], the Administrator shall create a marketing and outreach plan that- "(1) encourages a proactive approach to the disaster relief efforts of the Administration; "(2) makes clear the services provided by the Administration, including contact information, application information, and timelines for submitting applications, the review of applications, and the disbursement of funds;"(3) describes the different disaster loan programs of the Administration, including how they are made available and the eligibility requirements for each loan program;"(4) provides for regional marketing, focusing on disasters occurring in each region before the date of enactment of this Act [June 18, 2008], and likely scenarios for disasters in each such region; and"(5) ensures that the marketing plan is made available at small business development centers and on the website of the Administration."[Pub. L. 110-234 and Pub. L. 110-246 enacted identical provisions. Pub. L. 110-234 was repealed by section 4(a) of Pub. L. 110-246 set out as a note under section 8701 of Title 7, Agriculture.]["Administration" and "Administrator", referred to in Pub. L. 110-246, §12063(b), set out above, as meaning the Small Business Administration and the Administrator thereof, see section 636e of this title.]
DEFINITION OF TERMS USED IN PUB. L. 110-186 Pub. L. 110-186, §3, Feb. 14, 2008, 122 Stat. 623, provided that: "In this Act [see Short Title of 2008 Amendment note set out under section 631 of this title]-"(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 component of the Armed Forces, as described in section 10101 of title 10, United States Code; "(5) 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)); "(6) the terms 'service-disabled veteran' and 'small business concern' have the meaning as in section 3 of the Small Business Act (1 5 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 (1 5 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)."
ESTABLISHMENT OF PRE-CONSIDERATION PROCESS AND OUTREACH AND TECHNICAL ASSISTANCE PROGRAM Pub. L. 110-186, title II, §201(b), (c), Feb. 14, 2008, 122 Stat. 627, 628, provided that: "(b) PRE-CONSIDERATION PROCESS.- "(1) DEFINITION.-In this subsection, the term 'eligible Reservist' means a Reservist who- "(A) has not been ordered to active duty; "(B) expects to be ordered to active duty during a period of military conflict; and"(C) can reasonably demonstrate that the small business concern for which that Reservist is a key employee will suffer economic injury in the absence of that Reservist."(2) ESTABLISHMENT.-Not later than 6 months after the date of enactment of this Act [Feb. 14, 2008], the Administrator shall establish a pre-consideration process, under which the Administrator- "(A) may collect all relevant materials necessary for processing a loan to a small business concern under section 7(b)(3) of the Small Business Act (1 5 U.S.C. 636(b)(3) ) before an eligible Reservist employed by that small business concern is activated; and "(B) shall distribute funds for any loan approved under subparagraph (A) if that eligible Reservist is activated. "(c) OUTREACH AND TECHNICAL ASSISTANCE PROGRAM.- "(1) IN GENERAL.-Not later than 6 months after the date of enactment of this Act [Feb. 14, 2008], the Administrator, in consultation with the Secretary of Veterans Affairs and the Secretary of Defense, may develop a comprehensive outreach and technical assistance program (in this subsection referred to as the 'program') to-"(A) market the loans available under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)) to Reservists, and family members of Reservists, that are on active duty and that are not on active duty; and"(B) provide technical assistance to a small business concern applying for a loan under that section."(2) COMPONENTS.-The program shall- "(A) incorporate appropriate websites maintained by the Administration, the Department of Veterans Affairs, and the Department of Defense; and"(B) require that information on the program is made available to small business concerns directly through- "(i) the district offices and resource partners of the Administration, including small business development centers, women's business centers, and the Service Corps of Retired Executives; and"(ii) other Federal agencies, including the Department of Veterans Affairs and the Department of Defense."(3) REPORT.-"(A) IN GENERAL.-Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until the date that is 30 months after such date of enactment, the Administrator shall submit to Congress a report on the status of the program."(B) CONTENTS.-Each report submitted under subparagraph (A) shall include- "(i) for the 6-month period ending on the date of that report-"(I) the number of loans approved under section 7(b)(3) of the Small Business Act (15 U.S.C. 636(b)(3)); "(II) the number of loans disbursed under that section; and "(III) the total amount disbursed under that section; and"(ii) recommendations, if any, to make the program more effective in serving small business concerns that employ Reservists."
RESERVIST LOANS Pub. L. 110-186, title II, §202, Feb. 14, 2008, 122 Stat. 629, provided that: "(a) IN GENERAL.-The Administrator and the Secretary of Defense shall develop a joint website and printed materials providing information regarding any program for small business concerns that is available to veterans or Reservists."(b) MARKETING.-The Administrator is authorized-"(1) to advertise and promote the program under section 7(b)(3) of the Small Business Act [1 5 U.S.C. 636(b)(3) ] jointly with the Secretary of Defense and veterans' service organizations; and "(2) to advertise and promote participation by lenders in such program jointly with trade associations for banks or other lending institutions."
TEMPORARY EXTENSION AND EXPANSION OF LOAN PROGRAMS Pub. L. 108-217, §§4, Apr. 5, 2004 - 8, Apr. 5, 2004, 118 Stat. 591-594, provided for the temporary extension and expansion of certain loan programs under 1 5 U.S.C. 636(a) beginning on Apr. 5, 2004, and ending on Sept. 30, 2004.
BUDGETARY TREATMENT OF LOANS AND FINANCINGS Pub. L. 107-100, §6(c), Dec. 21, 2001, 115 Stat. 971, provided for special budgetary treatment of certain loans and financings by the Small Business Administration under 15 U.S.C. 636(a) during the 2-year period beginning on Oct. 1, 2002.
ENHANCED PUBLICITY DURING OPERATION ALLIED FORCE Pub. L. 106-50, title IV, §402(c), Aug. 17, 1999, 113 Stat. 246, provided for enhanced publicity of the availability of assistance during Operation Allied Force and for 120 days thereafter.
EVALUATION OF PREDISASTER MITIGATION PILOT PROGRAM Pub. L. 106-24, §1(c), Apr. 27, 1999, 113 Stat. 39, provided that, on Jan. 31, 2003, the Administrator of the Small Business Administration was to submit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of the pilot program authorized by subsec. (b)(1)(C) of this section.
CONGRESSIONAL FINDINGS REGARDING SMALL BUSINESS YEAR 2000 READINESS Pub. L. 106-8, §2, Apr. 2, 1999, 113 Stat. 13, provided that: "Congress finds that-"(1) the failure of many computer programs to recognize the Year 2000 may have extreme negative financial consequences in the Year 2000, and in subsequent years for both large and small businesses;"(2) small businesses are well behind larger businesses in implementing corrective changes to their automated systems;"(3) many small businesses do not have access to capital to fix mission critical automated systems, which could result in severe financial distress or failure for small businesses; and "(4) the failure of a large number of small businesses due to the Year 2000 computer problem would have a highly detrimental effect on the economy in the Year 2000 and in subsequent years."
TRANSFER OF FUNDS Pub. L. 105-135, title II, §202(b), Dec. 2, 1997, 111 Stat. 2600, provided that: "(1) IN GENERAL.-No funds are authorized to be appropriated or otherwise provided to carry out the grant program under section 7(m)(4)(F) of the Small Business Act (1 5 U.S.C. 636(m)(4)(F) ) (as added by this section), except by transfer from another department or agency of the Federal Government to the Administration in accordance with this subsection. "(2) LIMITATION ON AMOUNTS.-The total amount transferred to the Administration from other departments and agencies of the Federal Government to carry out the grant program under section 7(m)(4)(F) of the Small Business Act (15 U.S.C. 636(m)(4)(F)) (as added by this section) shall not exceed- "(A) $3,000,000 for fiscal year 1998;"(B) $4,000,000 for fiscal year 1999; and "(C) $5,000,000 for fiscal year 2000."
DEFENSE LOAN AND TECHNICAL ASSISTANCE PROGRAM Pub. L. 105-135, title V, §507, Dec. 2, 1997, 111 Stat. 2625, provided that:"(a) DELTA PROGRAM AUTHORIZED.- "(1) IN GENERAL.-The Administrator may administer the Defense Loan and Technical Assistance program in accordance with the authority and requirements of this section."(2) EXPIRATION OF AUTHORITY.-The authority of the Administrator to carry out the DELTA program under paragraph (1) shall terminate when the funds referred to in subsection (g)(1) have been expended."(3) DELTA PROGRAM DEFINED.-In this section, the terms 'Defense Loan and Technical Assistance program' and 'DELTA program' mean the Defense Loan and Technical Assistance program that has been established by a memorandum of understanding entered into by the Administrator and the Secretary of Defense on June 26, 1995. "(b) ASSISTANCE.-"(1) AUTHORITY.-Under the DELTA program, the Administrator may assist small business concerns that are economically dependent on defense expenditures to acquire dual-use capabilities. "(2) FORMS OF ASSISTANCE.-Forms of assistance authorized under paragraph (1) are as follows:"(A) LOAN GUARANTEES.-Loan guarantees under the terms and conditions specified under this section and other applicable law."(B) NONFINANCIAL ASSISTANCE.-Other forms of assistance that are not financial. "(c) ADMINISTRATION OF PROGRAM.-In the administration of the DELTA program under this section, the Administrator shall-"(1) process applications for DELTA program loan guarantees;"(2) guarantee repayment of the resulting loans in accordance with this section; and"(3) take such other actions as are necessary to administer the program."(d) SELECTION AND ELIGIBILITY REQUIREMENTS FOR DELTA LOAN GUARANTEES.-"(1) IN GENERAL.-The selection criteria and eligibility requirements set forth in this subsection shall be applied in the selection of small business concerns to receive loan guarantees under the DELTA program."(2) SELECTION CRITERIA.-The criteria used for the selection of a small business concern to receive a loan guarantee under this section are as follows: "(A) The selection criteria established under the memorandum of understanding referred to in subsection (a)(3)."(B) The extent to which the loans to be guaranteed would support the retention of defense workers whose employment would otherwise be permanently or temporarily terminated as a result of reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation."(C) The extent to which the loans to be guaranteed would stimulate job creation and new economic activities in communities most adversely affected by reductions in expenditures by the United States for defense, the termination or cancellation of a defense contract, the failure to proceed with an approved major weapon system, the merger or consolidation of the operations of a defense contractor, or the closure or realignment of a military installation."(D) The extent to which the loans to be guaranteed would be used to acquire (or permit the use of other funds to acquire) capital equipment to modernize or expand the facilities of the borrower to enable the borrower to remain in the national technology and industrial base available to the Department of Defense."(3) ELIGIBILITY REQUIREMENTS.-To be eligible for a loan guarantee under the DELTA program, a borrower must demonstrate to the satisfaction of the Administrator that, during any 1 of the 5 preceding operating years of the borrower, not less than 25 percent of the value of the borrower's sales were derived from-"(A) contracts with the Department of Defense or the defense-related activities of the Department of Energy; or "(B) subcontracts in support of defense-related prime contracts."(e) MAXIMUM AMOUNT OF LOAN PRINCIPAL.-With respect to each borrower, the maximum amount of loan principal for which the Administrator may provide a guarantee under this section during a fiscal year may not exceed $1,250,000."(f) LOAN GUARANTY RATE.-The maximum allowable guarantee percentage for loans guaranteed under this section may not exceed 80 percent."(g) FUNDING.- "(1) IN GENERAL.-The funds that have been made available for loan guarantees under the DELTA program and have been transferred from the Department of Defense to the Small Business Administration before the date of the enactment of this Act [Dec. 2, 1997] shall be used for carrying out the DELTA program under this section."(2) CONTINUED AVAILABILITY OF EXISTING FUNDS.-The funds made available under the second proviso under the heading 'RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE' in Public Law 103-335 (108 Stat. 2613) shall be available until expended- "(A) to cover the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan guarantees issued under this section; and"(B) to cover the reasonable costs of the administration of the loan guarantees."
TRADE ASSISTANCE PROGRAM FOR SMALL BUSINESS CONCERNS ADVERSELY AFFECTED BY NAFTA Section 509 of Pub. L. 105-135 provided that: "The Administrator shall coordinate Federal assistance in order to provide counseling to small business concerns adversely affected by the North American Free Trade Agreement."
PRIVATE SECTOR LOAN SERVICING DEMONSTRATION PROGRAM Pub. L. 104-208, div. D, title I, §104(a), Sept. 30, 1996, 110 Stat. 3009-729, provided that: "(1) IN GENERAL.-"(A) DEMONSTRATION PROGRAM REQUIRED.-Notwithstanding any other provision of law, the Administration shall conduct a demonstration program, within the parameters described in paragraph (2), to evaluate the comparative costs and benefits of having the Administration's portfolio of disaster loans serviced under contract rather than directly by employees of the Administration. All costs of the demonstration program shall be paid from amounts made available for the Salaries and Expenses Account of the Administration."(B) INITIATION DATE.-Not later than 90 days after the date of enactment of this Act [Sept. 30, 1996], the Administration shall issue a request for proposals for the program parameters described in paragraph (2)."(2) DEMONSTRATION PROGRAM PARAMETERS.-"(A) LOAN SAMPLE.-The sample of loans for the demonstration program shall be randomly drawn from the Administration's portfolio of loans made pursuant to section 7(b) of the Small Business Act [1 5 U.S.C. 636(b) ] and shall include a representative group of not less than 30 percent of all loans for residential properties, including 30 percent of all loans made during the demonstration program after the date of enactment of this Act, which loans shall be selected by the Administration on the basis of geographic distribution and such other factors as the Administration determines to be appropriate."(B) CONTRACT AND OPTIONS.-The Administration shall solicit and competitively award one or more contracts to service the loans included in the sample of loans described in subparagraph (A) for a term of not less than one year, with 3 one-year contract renewal options, each of which shall be exercised by the Administration unless the Administration terminates the contractor or contractors for good cause."(3) TERM OF DEMONSTRATION PROGRAM.-The demonstration program shall commence not later than October 1, 1997."(4) REPORTS.-"(A) INTERIM REPORTS.-Not later than 120 days before the expiration of the initial 4-year contract performance period, the Administrator shall submit to the Committees on Small Business of the House of Representatives and the Senate [Committee on Small Business of Senate now Committee on Small Business and Entrepreneurship of Senate] an interim report on the conduct of the demonstration program. The contractor shall be afforded a reasonable opportunity to attach comments to each such report."(B) FINAL REPORT.-Not later than 120 days after the termination of the demonstration program, the Administrator shall submit to the Committees on Small Business of the House of Representatives and the Senate [Committee on Small Business of Senate now Committee on Small Business and Entrepreneurship of Senate] a final report on the performance of the demonstration program, together with the recommendations of the Administrator for continuation, termination, or modification of the demonstration program."
INCREASE OF AMOUNTS FOR DISASTER LOANS Pub. L. 103-75, 107 Stat. 740, provided in part: "That notwithstanding any other provision of law, the $500,000 limitation on the amounts outstanding and committed to a borrower provided in paragraph 7(c)(6) [now 7(d)(6)] of the Small Business Act [1 5 U.S.C. 636(d)(6) ] shall be increased to $1,500,000 for disasters commencing on or after April 1, 1993."
CONGRESSIONAL FINDINGS OF MICROLENDING EXPANSION ACT OF 1992 Pub. L. 102-366, title I, §112, Sept. 4, 1992, 106 Stat. 989, provided that: "The Congress finds that-"(1) nationwide, there are many individuals who possess skills that, with certain short-term assistance, could enable them to become successfully self-employed;"(2) many talented and skilled individuals who are employed in low-wage occupations could, with sufficient opportunity, start their own small business concerns, which could provide them with an improved standard of living; "(3) most such individuals have little or no savings, a nonexistent or poor credit history, and no access to credit or capital with which to start a business venture;"(4) women, minorities, and individuals residing in areas of high unemployment and high levels of poverty have particular difficulty obtaining access to credit or capital; "(5) providing such individuals with small-scale, short-term financial assistance in the form of microloans, together with intensive marketing, management, and technical assistance, could enable them to start or maintain small businesses, to become self-sufficient, and to raise their standard of living; "(6) banking institutions are reluctant to provide such assistance because of the administrative costs associated with processing and servicing the loans and because they lack experience in providing the type of marketing, management, and technical assistance needed by such borrowers; "(7) many organizations that have had successful experiences in providing microloans and marketing, management, and technical assistance to such borrowers exist throughout the Nation; and "(8) loans from the Federal Government to intermediaries for the purpose of relending to start-up, newly established and growing small business concerns are an important catalyst to attract private sector participation in microlending."
DISADVANTAGED SMALL BUSINESS STATUS DECISIONS Pub. L. 102-366, title II, §221, Sept. 4, 1992, 106 Stat. 999, provided that:"(a) PUBLICATION OF DECISIONS.-A decision issued pursuant to section 7(j)(11)(F)(vii) of the Small Business Act (15 U.S.C. 636(j)(11)(F)(vii)) shall-"(1) be made available to the protestor, the protested party, the contracting officer (if not the protestor), and all other parties to the proceeding, and published in full text; and"(2) include findings of fact and conclusions of law, with specific reasons supporting such findings or conclusions, upon each material issue of fact and law of decisional significance regarding the disposition of the protest."(b) PRECEDENTIAL VALUE OF PRIOR DECISIONS.-A decision issued under section 7(j)(11)(F)(vii) of the Small Business Act that is issued prior to the date of enactment of this Act [Sept. 4, 1992] shall not have value as precedent in deciding any subsequent protest until such time as the decision is published in full text."
REAUTHORIZATION OF BOND WAIVER TEST PROGRAM Pub. L. 102-190, div. A, title VIII, §813(a)-(e), Dec. 5, 1991, 105 Stat. 1424, authorized the Secretary of Defense to grant surety bond exemptions to certain participants in the Minority Small Business and Capital Ownership Development Program who were awarded construction contracts by the Department of Defense before Oct. 1, 1994.
EMERGENCY DIRECT LOANS FOR SMALL BUSINESS CONCERNS LOCATED IN COMMUNITIES ADVERSELY AFFECTED BY TROOP DEPLOYMENTS DURING PERSIAN GULF CONFLICT Pub. L. 102-190, div. A, title X, §10871087,, 105 Stat. 1483, authorized emergency direct loans to small business concerns located in counties in which at least 5 small business concerns suffered severe economic injury resulting from deployment, after July 31, 1990, of troops in connection with Persian Gulf conflict, provided that loan amounts could not exceed $50,000 to any small business concern, and provided for source of loan funds, applications for loans, definitions, regulations to implement loan program, and expiration of loan authority at end of 270-day period beginning on date on which loan applications were first accepted.
TERMINATION OF MICROLOAN DEMONSTRATION PROGRAM Pub. L. 102-140, title VI, §609(j), Oct. 28, 1991, 105 Stat. 831, as amended by Pub. L. 103-403, title II, §203, Oct. 22, 1994, 108 Stat. 4181, provided that: "The demonstration program established by subsection (h) [amending this section] shall terminate on October 1, 1997."
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATESReferences in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101-509 set out in a note under section 5376 of Title 5.
TEST PROGRAM FOR USE OF BOND WAIVER AUTHORITY TO ASSIST CERTAIN SMALL DISADVANTAGED BUSINESS CONCERNS Pub. L. 101-189, div. A, title VIII, §833, Nov. 29, 1989, 103 Stat. 1509, which directed Secretary of Defense and Small Business Administration to establish a program for fiscal years 1990 and 1991 to test use of authority provided by subsec. (j)(13)(D) of this section, and that under the test program, the Secretary of Defense was to make every reasonable effort during each such fiscal year to award not less than 30 contracts for construction projects (including repair and alteration of existing facilities) to participants in Minority Small Business and Capital Ownership Development Program of Small Business Administration granted surety bond exemptions under such authority, was repealed by Pub. L. 102-190, div. A, title VIII, §813(f), Dec. 5, 1991, 105 Stat. 1424.
DEFINITION OF TERMS USED IN PUB. L. 100-656 Pub. L. 100-656, §2, Nov. 15, 1988, 102 Stat. 3854, as amended by Pub. L. 101-37, §3, June 15, 1989, 103 Stat. 70, provided that: "For the purposes of this Act [see Short Title of 1988 Amendment note set out under section 631 of this title]-"(1) the term 'Administration' means the Small Business Administration; "(2) the term 'Administrator' means the Administrator of the Small Business Administration, unless otherwise indicated;"(3) the term 'Business Opportunity Specialist' means the Administration employee responsible for providing business development assistance to Program Participants pursuant to sections 7(j) and 8(a) of the Small Business Act (1 5 U.S.C. 636(j), 637(a) );"(4) the term 'disadvantaged owners' means those individuals upon whom eligibility is based for participation in the Program and the award of subcontracts pursuant to section 8(a) of the Small Business Act (1 5 U.S.C. 637(a) );"(5) the term 'minority owned businesses' means business concerns that are at least 51 percent owned and controlled by one or more individuals who belong to those groups described or identified pursuant to section 2(e)(1)(C) of the Small Business Act (15 U.S.C. 631(e)(1)(C)); "(6) the term 'Program' means the Minority Small Business and Capital Ownership Development Program established by section 7(j)(10) of the Small Business Act (1 5 U.S.C. 636(j)(10) ), unless otherwise indicated; "(7) the term 'Program Participant' means a small business concern participating in the Program; and"(8) the term 'Program Participation Term' means the fixed period of time assigned to a Program Participant pursuant to section 7(j)(10)(A)(i) of the Small Business Act (1 5 U.S.C. 636(j)(10)(A)(i) ) prior to the date of enactment of this Act [Nov. 15, 1988]."
CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES OF PUB. L. 100-656 Pub. L. 100-656, title I, §101, Nov. 15, 1988, 102 Stat. 3855, provided that: "(a) FINDINGS.-The Congress finds that-"(1) the Capital Ownership Development Program administered by the Small Business Administration and the award of contracts pursuant to section 8(a) of the Small Business Act [1 5 U.S.C. 637(a) ] remain a primary tool for improving opportunities for small business concerns owned and controlled by socially and economically disadvantaged individuals in the Federal procurement process and bringing such concerns into the nation's economic mainstream; "(2) although some progress has resulted from the Program, it has generally failed to meet its objectives, which remain as valid now as when the Program was initiated; "(3) too few concerns that have exited the Program have been prepared to compete successfully in the open marketplace on competitive procurements, and many concerns have developed an unhealthy dependency on sole-source contracts by the time they are required to leave the Program; "(4) the application and certification process for admitting new participants to the Program is inordinately lengthy and burdensome; "(5) the Administration has often not efficiently and equitably administered and managed the Program in a manner that provided clear lines of responsibility for implementing and monitoring many of the administrative duties under the Program;"(6) the Administration and some program participants have given insufficient attention and support to the business development goals of the Program and instead have focused almost entirely on the size of contract awards or the number of firms certified to participate in the Program;"(7) many Federal procuring agencies have failed to identify and offer the necessary amount of contract support in order to allow for diversification and growth of disadvantaged businesses participating in the Program;"(8) contract support as well as business development expenses have been misused both by the Administration and Program participants and have not been equitably distributed pursuant to objective criteria;"(9) the widespread perception of undue political influence in the operation and administration of the Program has significantly contributed to the Program's poor image and has deterred utilization of the Program by socially and economically disadvantaged concerns and by Federal procuring agencies; and"(10) it is imperative that increased competition and other substantial reforms be accomplished in the Program in order to promote the Congressionally mandated business development objectives and purposes."(b) PURPOSES.-The purposes of this Act [see Short Title of 1988 Amendment note set out under section 631 of this title] therefore are to-"(1) affirm that the Capital Ownership Development Program and the section 8(a) [15 U.S.C. 637(a)] authority shall be used exclusively for business development purposes to help small businesses owned and controlled by the socially and economically disadvantaged to compete on an equal basis in the mainstream of the American economy; "(2) affirm that the measure of success of the Capital Ownership Development Program, and the section 8(a) authority, shall be the number of competitive firms that exit the Program without being unreasonably reliant on section 8(a) contracts and that are able to compete on an equal basis in the mainstream of the American economy; "(3) ensure that program benefits accrue to individuals who are both socially and economically disadvantaged;"(4) increase the number of small businesses owned and controlled by such individuals from which the United States may purchase products and services (including construction work); and "(5) ensure integrity, competence, and efficiency in the administration of business development services and the Federal contracting opportunities made available to eligible small businesses."
EMPLOYEE TRAINING AND EVALUATION Pub. L. 100-656, title IV, §410, Nov. 15, 1988, 102 Stat. 3879, as amended by Pub. L. 101-37, §18, June 15, 1989, 103 Stat. 74, provided that: "(a) TRAINING REQUIREMENTS FOR BUSINESS OPPORTUNITY SPECIALISTS.-(1) In each Small Business Administration field office responsible for assisting one or more Program Participants there shall be a position designated as a Business Opportunity Specialist. To the maximum extent practicable the Administration shall assure that an adequate number of Business Opportunity Specialists are assigned to each district office to carry out the responsibilities of sections 7(j) and 8(a) of the Small Business Act (15 U.S.C. 636(j), 637(a)) and to assist Program Participants."(2) The Administration shall take such actions as may be appropriate to ensure that any person employed as a Business Opportunity Specialist receives adequate periodic training to assure such employee is capable of assisting Program Participants to fully utilize the Program and to meet the requirements of the Small Business Act [1 5 U.S.C. 631 et seq.], as amended by this Act."(b) PILOT PROGRAM.-(1) Within 180 days after the effective date of this subsection [Nov. 15, 1988] the Administrator shall designate three regions of the Administration to conduct a pilot program pursuant to the provisions of this subsection. The designated regions shall contain approximately 30 per centum of the total number of Program Participants as of the time of designation."(2) A Business Opportunity Specialist employed in a Region designated pursuant to paragraph (1), in addition to other assigned duties and responsibilities, shall-"(A) conduct contract negotiations on behalf of the Administration for contracts awarded pursuant to section 8(a) of the Small Business Act (1 5 U.S.C. 637(a) ) when performance will be rendered by one or more firms in such Specialist's assigned portfolio;"(B) facilitate and otherwise assist such firms in negotiating for the receipt of contracts to be let pursuant to such section."(3) The Administration shall take such actions as may be appropriate to train and qualify such Specialists to perform the negotiations required pursuant to paragraph (2)."(4) To the extent practicable, the Administrator shall ensure that the performance appraisal system applicable to a Business Opportunity Specialist employed in a region designated pursuant to paragraph (1) affords substantial recognition to how well such Specialist's assigned portfolio of concerns participating in the program established by section 7(j)(10) of the Small Business Act (15 U.S.C. 636(j)(10)) are achieving competitiveness and furthering the business development purposes of the program."(5) The Administration shall establish personnel positions for Business Opportunity Specialists employed in the regions designated pursuant to paragraph (1) that are classified at a grade level of the General Schedule that are sufficient, in the opinion of the Administrator, to attract and retain highly qualified personnel."(c) REPORT AND PILOT PROGRAM TERMINATION.-(1) Within 120 days after the termination of the pilot program conducted pursuant to subsection (b), the Administration shall issue a report to the Committees on Small Business of the Senate and of the House of Representatives [Committee on Small Business of Senate now Committee on Small Business and Entrepreneurship of Senate] on the effectiveness of the pilot. Such report shall contain such recommendations for administrative or legislative change as may be appropriate."(2) The pilot program conducted pursuant to subsection (b) shall be terminated three years after the date on which the Committees on Small Business of the Senate and of the House of Representatives [Committee on Small Business of Senate now Committee on Small Business and Entrepreneurship of Senate] receive written notification from the Administrator that the pilot is in full operation in each of the three designated pilot regions."
GENERAL ACCOUNTING OFFICE REPORT Pub. L. 100-656, title V, §504, Nov. 15, 1988, 102 Stat. 3882, directed Comptroller General of the United States to conduct a review of operation of Minority Small Business and Capital Ownership Development Program authorized by subsec. (j)(10) of this section and contract assistance provided pursuant to section 637(a)(15) of this title commencing within 180 days of Nov. 15, 1988, and concluding Sept. 30, 1991, such review to report on implementation of provisions of Pub. L. 100-656 by Small Business Administration and various executive departments and agencies providing contracting opportunities to the Program, and directed Comptroller General to prepare a report summarizing findings of review, make such recommendations as may be appropriate, and transmit report to Committees on Small Business of the Senate and House of Representatives by Feb. 1, 1992.
COMMISSION ON MINORITY BUSINESS DEVELOPMENT Pub. L. 100-656, title V, §505(a) -(g), Nov. 15, 1988, 102 Stat. 3883, as amended by Pub. L. 101-37, §20, June 15, 1989, 103 Stat. 74; Pub. L. 101-574, title II, §211, Nov. 15, 1990, 104 Stat. 2821; Pub. L. 102-366, title II, §231(a), Sept. 4, 1992, 106 Stat. 1001; Pub. L. 103-160, div. A, title IX, §904(f), Nov. 30, 1993, 107 Stat. 1729, established the Commission on Minority Business Development, set out its duties, powers, membership, administration, and personnel, and provided that it cease to exist within 90 days after the date that it transmitted its final report to Congress and to the President or Sept. 30, 1992, whichever was later.
LIMITATIONS ON SPENDING AUTHORITY Pub. L. 100-656, title VIII, §802(f), Nov. 15, 1988, 102 Stat. 3899, provided that:"(1) Any new credit authority or authority to enter into contracts provided for in this Act [see Short Title of 1988 Amendment note set out under section 631 of this title] is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts."(2) No funds are authorized to be appropriated in subsequent appropriation Acts to the Administration for the purpose of making grants of financial assistance under the so called 'Business Development Expense' program to any firm participating in the programs authorized by section 7(j)(10) or section 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and 637(a))."
CERTIFIED LOAN PROGRAM; EXPANDED PARTICIPATION; REPORTS TO CONGRESS Pub. L. 100-590, title I, §102(b), Nov. 3, 1988, 102 Stat. 2992, provided that: "The Administration shall take appropriate steps to expand participation in the certified loan program and shall report to the Small Business Committees of the Senate and the House of Representatives on the amount of loans approved and the amount of losses sustained under the provisions of section 7(a)(19) of the Small Business Act [15 U.S.C. 636(a)(19)] . An interim report shall be submitted not later than one year after date of enactment of this Act [Nov. 3, 1988] and a final report shall be submitted not later than 18 months after the date of enactment." Similar provisions were contained in Pub. L. 100-533, title III, §302(b), Oct. 25, 1988, 102 Stat. 2693.
PIPELINE LOANS OR PREVIOUS DISASTERS Pub. L. 99-272, title XVIII, §18006(b), Apr. 7, 1986, 100 Stat. 366, as amended by Pub. L. 99-349, title I, July 2, 1986, 100 Stat. 718, provided that: "Notwithstanding the amendments made by this section [amending sections 636 and 647 of this title], sections 18002 [amending provisions set out as a note under section 631 of this title] and 18016 [amending section 632 of this title], or any other provision of law, the Small Business Administration shall continue to accept, process, and approve loan applications under paragraphs (1) through (4) of subsection [section] 7(b) of the Small Business Act [1 5 U.S.C. 636(b)(1) to (4) ] and shall obligate and disburse loan funds on account of disasters which occurred prior to October 1, 1985, and with respect to which a disaster declaration application was submitted prior to October 1, 1985, even if any such application is filed after the date of the enactment of this Act [Apr. 7, 1986]."
DETERMINATION OF NATURAL DISASTER BY SECRETARY OF AGRICULTURE TO BE DEEMED DISASTER DECLARATION BY ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION; DISASTERS COMMENCING BETWEEN JANUARY 1, 1983, AND SEPTEMBER 30, 1983 Pub. L. 98-166, title I, §101, Nov. 28, 1983, 97 Stat. 1079, provided that for disasters commencing between Jan. 1, 1983, through Sept. 30, 1983, determination of a natural disaster by the Secretary of Agriculture pursuant to 7 U.S.C. 1961 would be deemed a disaster declaration by the Administrator of the Small Business Administration for purposes of determining eligibility for assistance under 1 5 U.S.C. 636(b)(1) for agricultural enterprises as defined in 1 5 U.S.C. 647(b) .
REPORTS TO CONGRESS; DEFAULT RATE OF LOANS Pub. L. 97-35, title XIX, §1907 Aug. 13, 1981, 95 Stat. 777, required the Small Business Administration to submit to Congress, not later than Feb. 28, 1984, and 1985, reports containing specific information on the aggregate number, dollar value, and default rate of all loans with respect to 1 5 U.S.C. 636(a)(5), (6)(C), (8)(A) .
BUSINESS PLANS; SUBMITTAL BY CONCERNS ELIGIBLE TO RECEIVE CONTRACTS Pub. L. 96-481, title I, §106(b), Oct. 21, 1980, 94 Stat. 2322, provided that: "Notwithstanding the provisions of subsection (a) of this section [amending subsec. (j)(10)(A)(i) of this section], for concerns eligible to receive contracts pursuant to section 8(a) of the Small Business Act [section 637(a) of this title] on the effective date of the amendment made by this section [Oct. 21, 1980], each such concern shall submit to the Small Business Administration within two months after the promulgation of final regulations issued within one hundred and twenty days after the enactment of this Act [Oct. 21, 1981] the business plan required under section 7(j)(10)(A)(i) of the Small Business Act, as amended by subsection (a) of this section [subsec. (j)(10)(A)(i) of this section]: Provided however, That the period of time required under section 7(j)(10)(A)(i) of the Small Business Act, as amended by subsection (a) of this section, shall be fixed as mutually agreed upon by the program participant and the Small Business Administration prior to the awarding or extending of contracts to such concern pursuant to section 8(a) of the Small Business Act after June 1, 1981, but the period shall be fixed in no case later than eighteen months after the effective date of this Act: Provided further, That no determination made under this paragraph shall be considered a denial of total participation for the purposes of section 8(a)(9) of the Small Business Act."
SMALL BUSINESS EMPLOYEE OWNERSHIP; CONGRESSIONAL FINDINGS AND PURPOSES Pub. L. 96-302, title V, §§502, title V, 503, July 2, 1980, 94 Stat. 850, 851, provided that: "SEC. 502. The Congress hereby finds and declares that- "(1) employee ownership of firms provides a means for preserving jobs and business activity;"(2) employee ownership of firms provides a means for keeping a small business small when it might otherwise be sold to a conglomerate or other large enterprise;"(3) employee ownership of firms provides a means for creating a new small business from the sale of a subsidiary of a large enterprise;"(4) unemployment insurance programs, welfare payments, and job creation programs are less desirable and more costly for both the Government and program beneficiaries than loan guarantee programs to maintain employment in firms that would otherwise be closed, liquidated, or relocated; and"(5) by guaranteeing loans to qualified employee trusts and similar employee organizations, the Small Business Administration can provide feasible and desirable methods for the transfer of all or part of the ownership of a small business concern to its employees."SEC. 503. (a) The purposes of this title [enacting sections 632(c) and 636(a)(8) of this title and provisions set out as notes under sections 631 and 636 of this title] are-"(1) to provide that a qualified employee trust shall be eligible for loan guarantees under section 7(a) of the Small Business Act [subsec. (a) of this section] with respect to a small business concern, regardless of the percentage of stock of the concern held by the trust, and"(2) to provide in section 505 of this Act [enacting subsec. (a)(8) of this section] authority to address the specific case in which the Small Business Administration guarantees loans under section 7(a) of the Small Business Act [subsec. (a) of this section] for purposes of providing funds to a qualified employee trust (and other employee organizations which are treated as qualified employee trusts) for the purchase, by at least 51 percent of the employees, of at least 51 percent of the stock of business which is operated for profit and which is-"(A) a small business concern, or"(B) a corporation which is controlled by another person if, after the plan for the purchase of such corporation is carried out, such corporation would be a small business concern."(b) Nothing in this title shall be construed to prohibit the Small Business Administration from making loan guarantees under section 7(a) of the Small Business Act [subsec. (a) of this section] to qualified employee trusts which own less than 51 percent of the stock of a continuing business."
DISASTER RELIEF AUTHORITY; STUDY AND REPORT ON CONSOLIDATION Pub. L. 94-305, title I, §101, June 4, 1976, 90 Stat. 663, required the President to comprehensively review all Federal disaster loan authorities and to report to Congress by Dec. 1, 1976, with recommendations and legislative proposals for the most effective and efficient delivery of disaster relief, including possible consolidation of authorities.
DISASTER LOANS; SPECIAL PROVISIONS FOR APPLICATIONS RECEIVED ON OR BEFORE MARCH 19, 1981; ASSISTANCE TO HARDSHIP APPLICANTS Pub. L. 97-35, title XIX, §1916, Aug. 13, 1981, 95 Stat. 780, provided for special provisions for applications for disaster loans under 15 U.S.C. 1636(b)(1), (2), or (4) received on or before Mar. 19, 1981, with assistance to hardship applicants.
DISASTER LOANS; INTEREST RATE; CANCELLATION OF LOANS Pub. L. 93-24, §9, Apr. 20, 1973, 87 Stat. 25, provided that: "Notwithstanding the provisions of any other law, any loan made by the Small Business Administration in connection with any disaster occurring on or after the date of enactment of this Act [Apr. 20, 1973] under sections 7(b)(1), (2), or (4) of the Small Business Act (1 5 U.S.C. 636(b)(1), (2), or (4) ) [subsec. (b)(1), (2), or (4) of this section] shall bear interest at the rate determined under section 324 of the Consolidated Farm and Rural Development Act, as amended by section 4 of this Act [section 1964 of Title 7, Agriculture]. No portion of any such loan shall be subject to cancellation under the provisions of any law."
INTEREST RATES ON LOANS TO MEET REGULATORY STANDARDS Pub. L. 93-237, §2(d), Jan. 2, 1974, 87 Stat. 1024, provided that: "In no case shall the interest rate charged for loans to meet regulatory standards be lower than loans made in connection with physical disasters."
ELECTION OF BENEFITS Pub. L. 92-385, §1(c), Aug. 16, 1972, 86 Stat. 555, provided that: "Any person who (1) suffers any loss or damage as a result of a major disaster as determined by the President which occurred prior to the date of enactment of this Act [August 16, 1972], (2) is eligible for assistance under the amendment made by subsection (a), and (3) is otherwise eligible for benefits greater than those provided by the amendment made by subsection (a), may elect to receive such greater benefits."
FUND FOR MANAGEMENT COUNSELING Pub. L. 85-699, title VI, §602(a), (b), Aug. 21, 1958, 72 Stat. 698, provided that:"(a) Within sixty days after the enactment of this Act [Aug. 21, 1958], each Federal Reserve bank shall pay to the United States the aggregate amount which the Secretary of the Treasury has heretofore paid to such bank under the provisions of section 13b of the Federal Reserve Act [12 U.S.C. 352a] ; and such payment shall constitute a full discharge of any obligation or liability of the Federal Reserve bank to the United States or to the Secretary of the Treasury arising out of subsection (e) of said section 13b [1 2 U.S.C. 352a (e) ] or out of any agreement thereunder."(b) The amounts repaid to the United States pursuant to subsection (a) of this section shall be covered into a special fund in the Treasury which shall be available for grants under section 7(d) of the Small Business Act [subsec. (d) of this section]. Any remaining balance of funds set aside in the Treasury for payments under section 13b of the Federal Reserve Act [12 U.S.C. 352a] shall be covered into the Treasury as miscellaneous receipts."
LOANS FOR MODIFICATIONS OF MINING FACILITIES AND EQUIPMENT Pub. L. 91-173, title V, §504(d), Dec. 30, 1969, 83 Stat. 802, authorized loans under 1 5 U.S.C. 636(b)(5) for modifications of mining facilities and equipment pursuant to former section 202 of the Public Works and Economic Development Act of 1965 (former 4 2 U.S.C. 3142 ), which was repealed by Pub. L. 105-393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3602.
EXECUTIVE DOCUMENTS
EXECUTIVE ORDER NO. 12190Ex. Ord. No. 12190, Feb. 1, 1980, 45 F.R. 7773, established the Advisory Committee on Small and Minority Business Ownership to assist in monitoring and encouraging the placement of subcontracts by the private sector with eligible small businesses, to study and propose incentives and assistance needed by the private sector to help in the training, development, and upgrading of such businesses, to make periodic reports and recommendations to the President, and to report annually to the President and to the Congress on the activities of the Committee and provided for termination of the Committee on Dec. 31, 1980.
EXTENSION OF TERM OF ADVISORY COMMITTEE ON SMALL AND MINORITY BUSINESS OWNERSHIPTerm of Advisory Committee on Small and Minority Business Ownership extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees, which extension was revoked by the amendment of Ex. Ord. No. 12692 made by Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969.Previous extensions of term of Advisory Committee on Small and Minority Business Ownership were contained in the following prior Executive Orders:Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989. Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985.Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984.Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982.
- Administration
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and
- Administrator
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and