391 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) 
of that subclause. 
(C) USE OF PROCEEDS.—The Administrator shall use the pro-
ceeds of loan fees collected to offset the cost (as defined in section 
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) 
to the Administrator of making guarantees under the program. 
(2) ADMINISTRATIVE EXPENSE CHARGES.—The Administrator may 
impose a charge for administrative expenses with respect to a guaran-
teed debenture. 
(3) PARTICIPATION FEES.— 
(A) IN GENERAL.—The Administrator shall collect a one-time 
fee in an amount equal to 50 basis points on the total participa-
tion in a project by an entity described in clause (i), (ii), or (iii) 
of subsection (c)(3)(A) if the participation will occupy a senior 
credit position to that of the certified development company. 
(B) USE OF PROCEEDS.—All proceeds of the participation fee 
shall be used to offset the cost (as defined in section 502 of the 
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) to the Ad-
ministrator of making guarantees under the program. 
(4) CERTIFIED DEVELOPMENT COMPANY FEES.— 
(A) IN
GENERAL.—The Administrator shall collect annually 
from a certified development company a fee of 0.125 percent of 
the outstanding principal balance of any guaranteed debenture ap-
proved by the Administrator on or after October 1, 1996. 
(B) DERIVATION.—The fee under subparagraph (A) shall be de-
rived from the servicing fees collected by the certified development 
company pursuant to regulation and not from any additional fee 
imposed on a small business concern. 
(C) USE OF PROCEEDS.—All proceeds of the certified develop-
ment company fee shall be used to offset the cost (as defined in 
section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 
661a)) to the Administrator of making guarantees under the pro-
gram. 
(5) APPLICABILITY.—The fees authorized by this subsection apply to 
financings approved by the Administrator on or after October 1, 1996. 
(h) CALCULATION OF SUBSIDY RATE.—All fees, interest, and profits re-
ceived and retained by the Administrator under the program shall be in-
cluded in the calculations made by the Director of the Office of Manage-
ment and Budget to offset the cost (as defined in section 502 of the Federal 
Credit Reform Act of 1990 (2 U.S.C. 661a)) to the Administrator of pur-
chasing and guaranteeing debentures under the program. 
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(i) REQUIRED ACTIONS ON DEFAULT.— 
(1) INITIAL ACTIONS.—Not later than the 45th day after the date 
on which a payment on a loan funded through a guaranteed debenture 
is due and not received, the Administrator shall— 
(A) take all necessary steps to bring the loan current; or 
(B) implement a formal written deferral agreement. 
(2) PURCHASE OR ACCELERATION OF DEBENTURE.—Not later than 
the 65th day after the date on which a payment on a loan described 
in paragraph (1) is due and not received, and absent a formal written 
deferral agreement, the Administrator shall take all necessary steps to 
purchase or accelerate the guaranteed debenture. 
(3) PREPAYMENT PENALTIES.—With respect to the portion of a 
project derived from funds described in subsection (c)(3), the Adminis-
tration— 
(A) shall negotiate the elimination of any prepayment penalties 
or late fees on a defaulted loan made before September 30, 1996; 
(B) shall not pay any prepayment penalty or late fee on the de-
fault-based purchase of a loan issued after September 30, 1996; 
and 
(C) for any project financed after September 30, 1996, shall not 
pay any default interest rate higher than the interest rate on the 
note prior to the date of default. 
§ 33104. Private debenture sales 
(a) IN GENERAL.—Notwithstanding any other law (including a regula-
tion), all guaranteed debentures shall be sold to investors, publicly or by pri-
vate placement. 
(b) FEDERAL FINANCING BANK.—Nothing in any provision of law au-
thorizes the Federal Financing Bank to acquire— 
(1) any obligation the payment of principal or interest on which at 
any time has been guaranteed in whole or in part under the program 
that is being sold under subsection (a); 
(2) any obligation that is an interest in an obligation described in 
paragraph (1); or 
(3) any obligation that is secured by, or substantially all of the value 
of which is attributable to, an obligation described in paragraph (1) or 
(2). 
§ 33105. Pooling of debentures 
(a) ISSUANCE.— 
(1) IN GENERAL.—The Administrator may issue trust certificates 
representing ownership of all or a fractional part of a guaranteed de-
benture. 
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393 
(2) TRUST OR POOL.—A trust certificate issued under paragraph (1) 
shall be based on and backed by a trust or pool approved by the Ad-
ministrator and composed solely of guaranteed debentures. 
(b) GUARANTEE.— 
(1) IN GENERAL.—The Administrator may, on such terms and con-
ditions as the Administrator considers appropriate, guarantee the time-
ly payment of the principal of and interest on trust certificates issued 
by the Administrator (or an agent of the Administrator) for purposes 
of this section. 
(2) LIMITATION.—A guarantee shall be limited to the extent of prin-
cipal and interest on the guaranteed debentures that compose the trust 
or pool. 
(3) PREPAYMENT ON REDEMPTION.— 
(A) REDUCTION OF GUARANTEE.—If a guaranteed debenture in 
a trust or pool is prepaid, voluntarily or in the event of default, 
the guarantee of timely payment of principal and interest on the 
trust certificates shall be reduced in proportion to the amount of 
principal and interest that the prepaid guaranteed debenture rep-
resents in the trust or pool. 
(B) LIMITATION ON GUARANTEE OF INTEREST.—Interest on a 
prepaid or defaulted guaranteed debenture shall accrue and be 
guaranteed by the Administrator only through the date of pay-
ment on the guarantee. 
(C) CALL OF TRUST CERTIFICATE.—During the term of a trust 
certificate, the trust certificate may be called for redemption due 
to prepayment or default of all guaranteed debentures constituting 
the trust or pool. 
(c) FULL FAITH AND CREDIT OF THE UNITED STATES.—The full faith 
and credit of the United States is pledged to the payment of all amounts 
that may be required to be paid under any guarantee of a trust certificate 
issued by the Administrator (or an agent of the Administrator) under this 
section. 
(d) FEES.— 
(1) ADMINISTRATOR.—The Administrator shall not collect any fee 
for a guarantee under this section. 
(2) AGENT OF THE ADMINISTRATOR.—This subsection does not pre-
clude an agent of the Administrator from collecting a fee approved by 
the Administrator for performing the functions described in subsection 
(f)(2). 
(e) SUBROGATION RIGHTS; OWNERSHIP RIGHTS IN GUARANTEED DE-
BENTURES.— 
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394 
(1) SUBROGATION.—If the Administrator pays a claim under a guar-
antee issued under this section, the Administrator shall be subrogated 
fully to the rights satisfied by the payment. 
(2) OWNERSHIP RIGHTS IN GUARANTEED DEBENTURES.—No Fed-
eral, State, or local law shall preclude or limit the exercise by the Ad-
ministrator of the Administrator’s ownership rights in the guaranteed 
debentures constituting the trust or pool against which the trust certifi-
cates are issued. 
(f) CENTRAL REGISTRATION; REGULATION
OF BROKERS
AND DEAL-
ERS.— 
(1) CENTRAL REGISTRATION.—The Administrator shall provide for 
a central registration of all trust certificates sold pursuant to this sec-
tion. 
(2) AGENT.— 
(A) IN GENERAL.—The Administrator shall contract with an 
agent to carry out on behalf of the Administrator— 
(i) the central registration functions under this section; and 
(ii) the issuance of trust certificates to facilitate poolings. 
(B) BOND OR INSURANCE.—The agent under subparagraph (A) 
shall provide a fidelity bond or insurance in such amounts as the 
Administrator determines to be necessary to fully protect the in-
terests of the Government. 
(3) DISCLOSURE.—The Administrator shall require a seller to dis-
close to a purchaser of a trust certificate issued under this section, be-
fore the sale, information on the terms, conditions, and yield of the 
trust certificate. 
(4) REGULATION OF BROKERS AND DEALERS.—The Administrator 
may regulate brokers and dealers in trust certificates sold under this 
section. 
(5) FORM OF REGISTRATION.—This subsection does not preclude the 
use of a book-entry or other electronic form of registration for trust 
certificates. 
§ 33106. Prohibition of acceptance of funding with certain 
conditions, priorities, restrictions, or requirements 
Notwithstanding any other provision of law, a certified development com-
pany shall not accept funding from any source (including a Federal agency) 
if the funding— 
(1) includes any condition, priority, or restriction on the type of 
small business concern to which the certified development company 
may provide financial assistance under the program; or 
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395 
(2) includes any condition or imposes any requirement, directly or 
indirectly, on any recipient of assistance under the program. 
§ 33107. Accredited lenders program 
(a) ESTABLISHMENT OF PROGRAM.—The Administrator may establish as 
part of the program an accredited development company program for quali-
fied development companies that meet the requirements of subsection (b). 
(b) REQUIREMENTS.—The Administrator may designate a qualified devel-
opment company as an accredited lender if the qualified development com-
pany— 
(1) has been an active participant in the program for not less than 
the preceding 12 months; 
(2) has well-trained, qualified personnel who are knowledgeable in 
the Administration’s lending policies and procedures for the program; 
(3) has the ability to process, close, and service financing for plant 
and equipment under the program; 
(4) has a loss rate on the qualified development company’s deben-
tures that is reasonable and acceptable to the Administrator; 
(5) has a history of submitting to the Administrator complete and 
accurate debenture guarantee application packages; and 
(6) has demonstrated the ability to serve small business credit needs 
for financing plant and equipment through the program. 
(c) EXPEDITED PROCESSING OF LOAN APPLICATIONS.—The Adminis-
trator shall develop an expedited procedure for processing a loan application 
or servicing action submitted by an accredited lender. 
(d) SUSPENSION OR REVOCATION OF DESIGNATION.— 
(1) IN GENERAL.—The Administrator may suspend or revoke the 
designation of a qualified development company as an accredited lender 
if the Administrator determines that— 
(A) the qualified development company has not continued to 
meet the criteria for eligibility under subsection (b); or 
(B) the qualified development company has failed to adhere to 
the Administrator’s regulations or is violating any other applicable 
provision of law. 
(2) EFFECT.—A suspension or revocation under paragraph (1) shall 
not affect any outstanding debenture guarantee. 
§ 33108. Premier certified lenders program 
(a) ESTABLISHMENT OF PROGRAM.—The Administrator may establish as 
part of the program a premier certified lenders program for certified devel-
opment companies that meet the requirements of subsection (b). 
(b) REQUIREMENTS.— 
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(1) APPLICATION.—To be eligible to participate in the premier cer-
tified lenders program, a certified development company shall submit 
to the Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require. 
(2) DESIGNATION.—The Administrator may designate a certified de-
velopment company as a premier certified lender if— 
(A) the certified development company is an active certified de-
velopment company in good standing; 
(B) the certified development company has been an active par-
ticipant in the accredited lenders program during the entire 12- 
month period preceding the date on which the certified develop-
ment company submits an application under paragraph (1); 
(C) the certified development company has a history of— 
(i) submitting to the Administrator adequately analyzed de-
benture guarantee application packages; and 
(ii) properly closing loans under the program and servicing 
its loan portfolio; 
(D) the certified development company agrees to assume and to 
reimburse the Administrator— 
(i) for 10 percent of any loss sustained by the Adminis-
trator as a result of default by the certified development com-
pany in the payment of principal or interest on a guaranteed 
debenture issued by the certified development company; or 
(ii) for 15 percent of the loss, if the loss is attributable to 
a guaranteed debenture issued by the certified development 
company during any period for which an election is in effect 
under subsection (c)(8) for the certified development com-
pany; and 
(E) the Administrator determines, with respect to the certified 
development company, that the loss reserve established under sub-
section (c) is sufficient for the certified development company to 
meet its obligations to protect the Federal Government from risk 
of loss. 
(3) WAIVER OF REQUIREMENT.—The Administrator may waive the 
requirement of paragraph (2)(B) with respect to a certified develop-
ment company if the certified development company is qualified to par-
ticipate in the accredited lenders program. 
(4) APPLICABILITY OF CRITERIA AFTER DESIGNATION.—The Admin-
istrator may revoke the designation of a certified development company 
as a premier certified lender under this section at any time, if the Ad-
ministrator determines that the certified development company does not 
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meet any requirement described in subparagraphs (A) to (E) of para-
graph (2). 
(c) LOSS RESERVE.— 
(1) IN GENERAL.—A premier certified lender shall establish a loss 
reserve for financing approved under this section. 
(2) AMOUNT.—The amount of a loss reserve under paragraph (1) 
shall be 10 percent of the amount of the premier certified lender’s ex-
posure, as determined under subsection (b)(2)(D). 
(3) ASSETS.—A loss reserve under paragraph (1) shall be comprised 
of— 
(A) segregated funds on deposit in one or more accounts with 
one or more federally insured depository institutions selected by 
the premier certified lender, subject to a collateral assignment in 
favor of, and in a format acceptable to, the Administrator; 
(B) one or more irrevocable letters of credit, with a collateral 
assignment in favor of, and a commercially reasonable format ac-
ceptable to, the Administrator; or 
(C) any combination of the assets described in subparagraphs 
(A) and (B). 
(4) CONTRIBUTIONS.—A premier certified lender shall make con-
tributions to a loss reserve under paragraph (1) in the following 
amounts and at the following intervals: 
(A) 50 percent when a debenture is closed. 
(B) 25 percent additional not later than one year after a deben-
ture is closed. 
(C) 25 percent additional not later than 2 years after a deben-
ture is closed. 
(5) REIMBURSEMENT OF THE ADMINISTRATOR FOR LOSS.—If a loss 
is sustained by the Administrator, any portion of the loss reserve, and 
other funds provided by the premier certified lender as necessary, may 
be used to reimburse the Administrator for the premier certified lend-
er’s share of the loss as provided in subsection (b)(2)(D) of this sec-
tion. 
(6) REPLACEMENT OF USED FUNDS.—If a premier certified lender 
uses funds in its loss reserve, the premier certified lender shall replace 
an equivalent amount of funds in the loss reserve not later than 30 
days after the date of the use. 
(7) WITHDRAWALS.— 
(A) IN GENERAL.—The Administrator shall allow a premier cer-
tified lender to withdraw from its loss reserve amounts attrib-
utable to any debenture that is repaid. 
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398 
(B) TEMPORARY
REDUCTION
BASED
ON
OUTSTANDING
BAL-
ANCE.— 
(i) IN GENERAL.—Notwithstanding subparagraph (A), dur-
ing the 2-year period beginning on August 26, 2004, the Ad-
ministrator shall allow a premier certified lender to withdraw 
from its loss reserve such amounts as are in excess of one 
percent of the aggregate outstanding balances of debentures 
to which the loss reserve relates. 
(ii) APPLICABILITY.—Clause (i) does not apply with respect 
to a debenture before 100 percent of the contribution de-
scribed in paragraph (4) with respect to the debenture is 
made. 
(8) ALTERNATIVE LOSS RESERVE.— 
(A) DEFINITIONS.—In this paragraph: 
(i) CALENDAR
QUARTER.—The term ‘‘calendar quarter’’ 
means— 
(I) the period that begins on January 1 and ends on 
March 31 of a year; 
(II) the period that begins on April 1 and ends on 
June 30 of a year; 
(III) the period that begins on July 1 and ends on 
September 30 of a year; and 
(IV) the period that begins on October 1 and ends on 
December 31 of a year. 
(ii) ELIGIBLE
CALENDAR
QUARTER.—The term ‘‘eligible 
calendar quarter’’ means— 
(I) the first calendar quarter that begins after August 
26, 2004; and 
(II) each of the 7 succeeding calendar quarters. 
(iii) PCLP LOAN.—The term ‘‘PCLP loan’’ means a loan 
guaranteed under this section. 
(iv) QUALIFIED
HIGH
LOSS
RESERVE
PCL.—The term 
‘‘qualified high loss reserve PCL’’ means, with respect to any 
calendar year, a premier certified lender that the Adminis-
trator designates as a qualified high loss reserve PCL for that 
year under subparagraph (B). 
(v) QUALIFIED INDEPENDENT AUDITOR.—The term ‘‘quali-
fied independent auditor’’, with respect to any year, means an 
auditor that— 
(I) is compensated by a qualified high loss reserve 
PCL; 
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(II) is independent of the qualified high loss reserve 
PCL; and 
(III) was approved by the Administrator during the 
preceding year. 
(vi) SPECIFIED
RISK
MANAGEMENT
BENCHMARK.—The 
term ‘‘specified risk management benchmark’’ means the fol-
lowing rates, as determined by the Administrator: 
(I) Currency rate. 
(II) Delinquency rate. 
(III) Default rate. 
(IV) Liquidation rate. 
(V) Loss rate. 
(B) DESIGNATION OF QUALIFIED HIGH LOSS RESERVE PCLs.— 
The Administrator may designate a premier certified lender as a 
qualified high loss reserve PCL if the Administrator determines 
that— 
(i) the amount of the loss reserve of the premier certified 
lender is not less than $100,000; 
(ii) the premier certified lender has established and is using 
an appropriate and effective process for analyzing the risk of 
loss associated with its portfolio of PCLP loans and for grad-
ing each PCLP loan made by the premier certified lender on 
the basis of the risk of loss associated with the loan; and 
(iii)(I) the premier certified lender meets or exceeds 4 or 
more of the specified risk management benchmarks as of the 
most recent assessment by the Administrator; or 
(II) the Administrator issues a waiver with respect to the 
requirement of subclause (I). 
(C) ELECTION.—With respect to any eligible calendar quarter, 
a qualified high loss reserve PCL may elect to have the require-
ments of this paragraph apply in lieu of the requirements of para-
graphs (2) and (4) for that eligible calendar quarter. 
(D) CONTRIBUTIONS.— 
(i) ORDINARY RULES INAPPLICABLE.—Except as provided 
under clause (ii) and paragraph (6), a qualified high loss re-
serve PCL that makes the election described in subparagraph 
(C) with respect to an eligible calendar quarter shall not be 
required to make contributions to its loss reserve during that 
eligible calendar quarter. 
(ii) CONTRIBUTION BASED ON LOSS.—A qualified high loss 
reserve PCL that makes the election described in subpara-
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graph (C) with respect to an eligible calendar quarter shall, 
before the last day of that eligible calendar quarter, make 
such contributions to its loss reserve as are necessary to en-
sure that the amount of the loss reserve of the qualified high 
loss reserve PCL is— 
(I) not less than $100,000; and 
(II) sufficient, as determined by a qualified inde-
pendent auditor, for the qualified high loss reserve PCL 
to meet its obligations to protect the Federal Govern-
ment from risk of loss. 
(iii) CERTIFICATION.—Before the end of any eligible cal-
endar quarter for which an election is in effect under sub-
paragraph (C), the head of the qualified high loss reserve 
PCL shall submit to the Administrator a certification that 
the loss reserve of the qualified high loss reserve PCL is suffi-
cient to meet the qualified high loss reserve PCL’s obligation 
to protect the Federal Government from risk of loss. The cer-
tification shall be in such form and submitted in such manner 
as the Administrator may require and shall be signed by the 
head of the qualified high loss reserve PCL and the auditor 
making the determination under clause (ii)(II). 
(E) WITHDRAWALS.— 
(i) ORDINARY RULE INAPPLICABLE.—Paragraph (7) shall 
not apply with respect to any qualified high loss reserve PCL 
for any calendar quarter for which an election is in effect 
under subparagraph (C). 
(ii) EXCESS FUNDS.—At the end of each calendar quarter 
for which an election is in effect under subparagraph (C), the 
Administrator shall allow the qualified high loss reserve PCL 
to withdraw from its loss reserve the excess of the amount of 
the loss reserve over the greater of— 
(I) $100,000; or 
(II) the amount that is determined under subpara-
graph (D)(ii)(II) to be sufficient to meet the PCL’s obli-
gation to protect the Federal Government from risk of 
loss. 
(F) RECONTRIBUTION.— 
(i) IN GENERAL.—If the requirements of this paragraph 
apply to a qualified high loss reserve PCL for any eligible cal-
endar quarter and cease to apply to that qualified high loss 
reserve PCL for any subsequent eligible calendar quarter, the 
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chased loans or other financings, the Administrator shall give 
prior notice of the inclusion of the loan in the bulk asset sale to 
any certified development company that has a contingent liability 
under this section. 
(B) TIMING.—The notice shall be given to the certified develop-
ment company as soon as possible after the financing is identified, 
but not less than 90 days before the date on which the Adminis-
trator first makes any records on the financing available for exam-
ination by prospective purchasers prior to its offering in a package 
of loans for bulk sale. 
(2) LIMITATION.—The Administration shall not offer a loan de-
scribed in paragraph (1) as part of a bulk sale unless the Adminis-
trator— 
(A) provides prospective purchasers with the opportunity to ex-
amine the Administrator’s records with respect to the loan; and 
(B) provides the notice required by paragraph (1). 
(e) LOAN APPROVAL AUTHORITY.— 
(1) IN GENERAL.—Notwithstanding section 33103(e)(1) of this title, 
and subject to such terms and conditions as the Administrator may es-
tablish, the Administrator may— 
(A) permit a premier certified lender to approve, authorize, 
close, service, foreclose, litigate (except that the Administrator 
may monitor the conduct of any such litigation to which a premier 
certified lender is a party), and liquidate loans that are funded 
with the proceeds of a debenture issued by the premier certified 
lender; and 
(B) authorize the guarantee of such a debenture. 
(2) SCOPE OF REVIEW.—The approval of a loan by a premier cer-
tified lender shall be subject to final approval as to eligibility of any 
guarantee by the Administrator under section 33103 of this title, but 
such final approval shall not include review of decisions by the lender 
involving creditworthiness, loan closing, or compliance with legal re-
quirements imposed by law (including a regulation). 
(f) REVIEW.— 
(1) IN GENERAL.—After the issuance and sale of debentures under 
this section, the Administrator, at intervals of not greater than 12 
months, shall review the financings made by each premier certified 
lender. 
(2) MATTERS TO BE REVIEWED.—A review shall include a premier 
certified lender’s credit decisions and general compliance with the eligi-
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403 
bility requirements for each financing approved under the premier cer-
tified lenders program. 
(3) CONSIDERATION OF FINDINGS.—The Administrator shall con-
sider the findings of the review in carrying out subsection (g), but the 
review shall not affect any outstanding debenture guarantee. 
(g) SUSPENSION OR REVOCATION.— 
(1) IN GENERAL.—The designation of a certified development com-
pany as a premier certified lender may be suspended or revoked if the 
Administrator determines that the certified development company— 
(A) has not continued to meet the criteria for eligibility under 
subsection (b); 
(B) has not established or maintained the loss reserve required 
under subsection (c); 
(C) is failing to adhere to the Administrator’s regulations; or 
(D) is violating any other applicable provision of law. 
(2) EFFECT OF SUSPENSION OR REVOCATION.—A suspension or rev-
ocation under this subsection shall not affect any outstanding deben-
ture guarantee. 
(h) PROGRAM GOALS.—A certified development company that is des-
ignated as a premier certified lender shall establish a goal of processing a 
minimum of not less than 50 percent of the loan applications that the cer-
tified development company receives for assistance under the premier cer-
tified lenders program. 
§ 33109. Foreclosure and liquidation of loans 
(a) DELEGATION OF AUTHORITY.—The Administrator shall delegate to a 
qualified development company that meets the eligibility requirements of 
subsection (b)(1) the authority to foreclose and liquidate, or to otherwise 
treat in accordance with this section, defaulted loans in its portfolio that 
are funded with the proceeds of guaranteed debentures. 
(b) ELIGIBILITY FOR DELEGATION.— 
(1) REQUIREMENTS.—A qualified development company shall be eli-
gible for a delegation of authority under subsection (a) if— 
(A) the qualified development company— 
(i) participated in the loan liquidation pilot program under 
section 204 of the Small Business Programs Improvement 
Act of 1996 (15 U.S.C. 695 note; 110 Stat. 3009–736), as 
in effect on the day before promulgation of final regulations 
by the Administrator implementing this section; 
(ii) is participating in the premier certified lenders pro-
gram; or 
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(iii) during the 3 fiscal years immediately prior to seeking 
such a delegation, has made an average of not less than 10 
loans per year that are funded with the proceeds of guaran-
teed debentures; and 
(B) the qualified development company— 
(i) has one or more employees— 
(I) who have not less than 2 years of substantive deci-
sionmaking experience in administering the liquidation 
and workout of problem loans secured in a manner sub-
stantially similar to loans funded with the proceeds of 
guaranteed debentures; and 
(II) who have completed a training program on loan 
liquidation developed by the Administrator in conjunction 
with qualified development companies that meet the re-
quirements of this paragraph; or 
(ii) submits to the Administrator documentation dem-
onstrating that the qualified development company has con-
tracted with a qualified third party to perform any liquidation 
activities and secures the approval of the contract by the Ad-
ministrator with respect to the qualifications of the contractor 
and the terms and conditions of liquidation activities. 
(2) CONFIRMATION.— 
(A) EXAMINATION.—On request, the Administrator shall exam-
ine the qualifications of a qualified development company de-
scribed in subsection (a) to determine whether the qualified devel-
opment company is eligible for the delegation of authority under 
subsection (a). 
(B) DETERMINATION OF INELIGIBILITY.—If the Administrator 
determines that a qualified development company is not eligible, 
the Administrator shall provide the qualified development company 
with the reasons for ineligibility. 
(c) SCOPE OF DELEGATED AUTHORITY.— 
(1) IN GENERAL.—A qualified development company to which the 
Administrator delegates authority under subsection (a) may, with re-
spect to any loan described in subsection (a)— 
(A) perform all liquidation and foreclosure functions, including 
the purchase in accordance with this subsection of any other in-
debtedness secured by the property securing the loan, in a reason-
able and sound manner according to commercially accepted prac-
tices, pursuant to a liquidation plan approved in advance by the 
Administrator under paragraph (2)(A); 
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405 
(B) litigate any matter relating to the performance of the func-
tions described in subparagraph (A), except that the Adminis-
trator may— 
(i) defend or bring any claim if— 
(I) the outcome of the litigation may adversely affect 
the Administrator’s management of the program; or 
(II) the Administrator is entitled to legal remedies not 
available to a qualified development company, and those 
remedies will benefit the Administrator or the qualified 
development company; or 
(ii) oversee the conduct of any such litigation; and 
(C) take other appropriate actions to mitigate loan losses in lieu 
of total liquidation or foreclosures, including the restructuring of 
a loan in accordance with prudent loan servicing practices and 
pursuant to a workout plan approved in advance by the Adminis-
trator under paragraph (2)(C). 
(2) APPROVAL BY THE ADMINISTRATOR.— 
(A) LIQUIDATION PLAN.— 
(i) SUBMISSION.—Before carrying out functions described 
in paragraph (1)(A), a qualified development company shall 
submit to the Administrator a proposed liquidation plan. 
(ii) ACTION BY THE ADMINISTRATOR ON PROPOSED LIQ-
UIDATION PLAN.— 
(I) TIMING.—Not later than 15 business days after a 
liquidation plan is received by the Administrator under 
clause (i), the Administrator shall approve or reject the 
liquidation plan. 
(II) NOTICE OF NO DECISION.—With respect to any 
liquidation plan that cannot be approved or denied with-
in the 15-day period required by subclause (I), the Ad-
ministrator shall within that period provide in accord-
ance with subparagraph (E) notice to the qualified devel-
opment company that submitted the liquidation plan. 
(iii) ROUTINE
ACTIONS.—In carrying out functions de-
scribed in paragraph (1)(A), a qualified development company 
may undertake routine actions not addressed in a liquidation 
plan without obtaining additional approval from the Adminis-
trator. 
(B) PURCHASE OF INDEBTEDNESS.— 
(i) IN GENERAL.—In carrying out functions described in 
paragraph (1)(A), a qualified development company shall sub-
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406 
mit to the Administrator a request for written approval before 
committing the Administrator to the purchase of any other 
indebtedness secured by the property securing a defaulted 
loan. 
(ii) ACTION BY THE ADMINISTRATOR ON REQUEST.— 
(I) TIMING.—Not later than 15 business days after re-
ceiving a request under clause (i), the Administrator 
shall approve or deny the request. 
(II) NOTICE OF NO DECISION.—With respect to any 
request that cannot be approved or denied within the 15- 
day period required by subclause (I), the Administrator 
shall within that period provide in accordance with sub-
paragraph (E) notice to the qualified development com-
pany that submitted the request. 
(C) WORKOUT PLAN.— 
(i) IN GENERAL.—In carrying out functions described in 
paragraph (1)(C), a qualified development company shall sub-
mit to the Administrator a proposed workout plan. 
(ii) ACTION BY THE ADMINISTRATOR ON PROPOSED WORK-
OUT PLAN.— 
(I) TIMING.—Not later than 15 business days after a 
workout plan is received by the Administrator under 
clause (i), the Administrator shall approve or reject the 
workout plan. 
(II) NOTICE OF NO DECISION.—With respect to any 
workout plan that cannot be approved or denied within 
the 15-day period required by subclause (I), the Admin-
istrator shall, within that period, provide in accordance 
with subparagraph (E) notice to the qualified develop-
ment company that submitted the workout plan. 
(D) COMPROMISE OF INDEBTEDNESS.—In carrying out func-
tions described in paragraph (1)(A), a qualified development com-
pany may— 
(i) consider an offer made by an obligor to compromise the 
debt for less than the full amount owing; and 
(ii) pursuant to such an offer, release any obligor or other 
party contingently liable, if the qualified development com-
pany secures the written approval of the Administrator. 
(E) CONTENTS OF NOTICE OF NO DECISION.—A notice provided 
by the Administrator under subparagraph (A)(ii)(II), (B)(ii)(II), 
or (C)(ii)(II)— 
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407 
(i) shall be in writing; 
(ii) shall state the specific reason for the Administrator’s 
inability to act on a liquidation plan, request, or workout 
plan; 
(iii) shall include an estimate of the additional time re-
quired by the Administrator to act on the liquidation plan, re-
quest, or workout plan; and 
(iv) if the Administrator cannot act because insufficient in-
formation or documentation was provided by the qualified de-
velopment company that submitted the liquidation plan, re-
quest, or workout plan, shall specify the nature of such addi-
tional information or documentation. 
(3) CONFLICT OF INTEREST.—In carrying out functions described in 
paragraph (1), a qualified development company shall take no action 
that would result in an actual or apparent conflict of interest between 
the qualified development company (or any employee of the qualified 
development company) and any third party lender, associate of a third 
party lender, or any other person participating in a liquidation, fore-
closure, or loss mitigation action. 
(d) SUSPENSION OR REVOCATION OF AUTHORITY.—The Administrator 
may revoke or suspend a delegation of authority under this section to a 
qualified development company if the Administration determines that the 
qualified development company— 
(1) does not meet the requirements of subsection (b)(1); 
(2) has violated any applicable regulation of the Administrator or 
any other applicable law; or 
(3) fails to comply with any reporting requirement that may be es-
tablished by the Administrator relating to the carrying out of functions 
described in this section. 
Subtitle IV—Miscellaneous 
CHAPTER 401—PRIME PROGRAM 
Sec. 
40101.
Definitions. 
40102.
Establishment of program. 
40103.
Uses of assistance. 
40104.
Allocation of assistance; subgrants. 
40105.
Matching requirement. 
40106.
Applications for assistance. 
40107.
Recordkeeping. 
40108.
Implementation. 
40109.
Authorization of appropriations. 
§ 40101. Definitions 
In this chapter: 
(1) CAPACITY
BUILDING
SERVICE.—The term ‘‘capacity building 
service’’ means a service provided to an organization that is, or that 
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408 
is in the process of becoming, a microenterprise development organiza-
tion or program, for the purpose of enhancing its ability to provide 
training and services to disadvantaged entrepreneurs. 
(2) COLLABORATIVE.—The term ‘‘collaborative’’ means 2 or more 
nonprofit entities that agree to act jointly as a qualified organization 
under the program. 
(3) DISADVANTAGED
ENTREPRENEUR.—The term ‘‘disadvantaged 
entrepreneur’’ means a microentrepreneur that is— 
(A) a low-income person; 
(B) a very low-income person; or 
(C) an entrepreneur that lacks adequate access to capital or 
other resources essential for business success, or is economically 
disadvantaged, as determined by the Administrator. 
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given 
the term in section 103 of the Community Development Banking and 
Financial Institutions Act of 1994 (12 U.S.C. 4702). 
(5) INTERMEDIARY.—The term ‘‘intermediary’’ means a private, 
nonprofit entity that seeks to serve qualified organizations. 
(6) LOW-INCOME PERSON.—The term ‘‘low-income person’’ has the 
meaning given the term in section 103 of the Community Development 
Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702). 
(7) MICROENTERPRISE.—The term ‘‘microenterprise’’ means a sole 
proprietorship, partnership, or corporation that— 
(A) has fewer than 5 employees; and 
(B) generally lacks access to conventional loans, equity, or other 
banking services. 
(8) MICROENTERPRISE
DEVELOPMENT
ORGANIZATION
OR
PRO-
GRAM.—The term ‘‘microenterprise development organization or pro-
gram’’ means a nonprofit entity (including a community development 
corporation or other nonprofit development organization or a social 
service organization), or a program administered by such an entity, 
that provides services to disadvantaged entrepreneurs. 
(9) MICROENTREPRENEUR.—The term ‘‘microentrepreneur’’ means 
the owner or developer of a microenterprise. 
(10) PROGRAM.—The term ‘‘program’’ means the PRIME program. 
(11) QUALIFIED ORGANIZATION.—The term ‘‘qualified organization’’ 
means— 
(A) a nonprofit microenterprise development organization or 
program (or a group or collaborative thereof) that has a dem-
onstrated record of delivering microenterprise services to disadvan-
taged entrepreneurs; 
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409 
(B) an intermediary; 
(C) a microenterprise development organization or program that 
is accountable to a local community, working in conjunction with 
a State or local government or Indian tribe; or 
(D) an Indian tribe acting on its own, if the Indian tribe cer-
tifies that no private organization or program referred to in this 
paragraph exists within its jurisdiction. 
(12) TRAINING AND TECHNICAL ASSISTANCE.—The term ‘‘training 
and technical assistance’’ means service and support provided to a dis-
advantaged entrepreneur, such as assistance for the purpose of enhanc-
ing business planning, marketing, management, financial management 
skills, and assistance for the purpose of accessing financial services. 
(13) VERY LOW-INCOME PERSON.—The term ‘‘very low-income per-
son’’ means a person having an income, adjusted for family size, of not 
more than 150 percent of the poverty line (as defined in section 673 
of the Community Services Block Grant Act (42 U.S.C. 9902), includ-
ing any revision required by that section). 
§ 40102. Establishment of program 
The Administrator shall establish a microenterprise technical assistance 
and capacity building grant program, to be known as the program for in-
vestment in microenterprise or the PRIME program, to provide assistance 
in the form of grants to qualified organizations in accordance with this 
chapter. 
§ 40103. Uses of assistance 
A qualified organization shall use a grant made under the program— 
(1) to provide training and technical assistance to disadvantaged en-
trepreneurs; 
(2) to provide training and capacity building services to microenter-
prise development organizations and programs and groups of such or-
ganizations to assist the organizations and programs in developing mi-
croenterprise training and services; 
(3) to aid in researching and developing the best practices in the 
field of microenterprise and technical assistance programs for disadvan-
taged entrepreneurs; and 
(4) for such other activities as the Administrator determines are con-
sistent with the purposes of the program. 
§ 40104. Allocation of assistance; subgrants 
(a) ALLOCATION OF ASSISTANCE.— 
(1) IN GENERAL.—The Administrator shall allocate assistance under 
the program to ensure that— 
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(A) activities described in section 40103(1) of this title are 
funded using not less than 75 percent of amounts made available 
for such assistance; and 
(B) activities described in section 40103(2) of this title are 
funded using not less than 15 percent of amounts made available 
for such assistance. 
(2) LIMIT ON INDIVIDUAL ASSISTANCE.—No single person may re-
ceive more than 10 percent of the total funds appropriated for the pro-
gram in a single fiscal year. 
(b) TARGETED ASSISTANCE.—The Administrator shall ensure that not 
less than 50 percent of the grants made under the program are used to ben-
efit very low-income persons, including those residing on Indian reserva-
tions. 
(c) SUBGRANTS.— 
(1) IN
GENERAL.—A qualified organization receiving assistance 
under the program may provide grants using that assistance to quali-
fied small and emerging microenterprise organizations and programs, 
subject to such regulations as the Administrator determines to be ap-
propriate. 
(2) LIMIT ON ADMINISTRATIVE EXPENSES.—Not more than 7.5 per-
cent of the amount of assistance received by a qualified organization 
under the program may be used for administrative expenses in connec-
tion with the making of subgrants under paragraph (1). 
(d) DIVERSITY.—In making grants under the program, the Administrator 
shall ensure that grant recipients include both large and small microenter-
prise organizations, serving urban, rural, and Indian tribal communities 
with diverse populations. 
(e) PROHIBITION OF PREFERENTIAL CONSIDERATION OF CERTAIN SBA 
PROGRAM PARTICIPANTS.—In making grants under the program, the Ad-
ministrator shall ensure that any application made by a qualified organiza-
tion that is a participant in the microloan program does not receive pref-
erential consideration over applications from other qualified organizations 
that are not participants in the microloan program. 
§ 40105. Matching requirement 
(a) IN GENERAL.—Financial assistance under the program shall be 
matched with funds from sources other than the Federal Government in the 
amount of not less than 50 cents for each dollar provided by the Adminis-
tration. 
(b) SOURCES OF MATCHING FUNDS.—Fees, grants, gifts, funds from 
loan sources, and in-kind resources of a grant recipient from public or pri-
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vate sources may be used to comply with the matching requirement under 
subsection (a). 
(c) EXCEPTION.— 
(1) IN GENERAL.—In the case of an applicant for assistance under 
the program with severe constraints on available sources of matching 
funds, the Administrator may reduce or eliminate the matching re-
quirement under subsection (a). 
(2) LIMITATION.—Not more than 10 percent of the total funds made 
available to carry out the program for any fiscal year may be excepted 
under paragraph (1) from the matching requirement under subsection 
(a). 
§ 40106. Applications for assistance 
An application for assistance under the program shall be submitted in 
such form and in accordance with such procedures as the Administrator 
shall establish. 
§ 40107. Recordkeeping 
The requirements of section 115 of the Community Development Banking 
and Financial Institutions Act of 1994 (12 U.S.C. 4714) shall apply to a 
qualified organization receiving assistance from the Administrator under the 
program as if the qualified organization were a community development fi-
nancial institution receiving assistance from the Fund under subtitle A of 
that Act (12 U.S.C. 4701 et seq.). 
§ 40108. Implementation 
The Administrator shall by regulation establish such requirements as are 
necessary to carry out this chapter. 
§ 40109. Authorization of appropriations 
There are authorized to be appropriated to the Administrator to carry out 
this chapter— 
(1) $15,000,000 for fiscal year 2000; 
(2) $15,000,000 for fiscal year 2001; 
(3) $15,000,000 for fiscal year 2002; and 
(4) $15,000,000 for fiscal year 2003. 
CHAPTER 403—WOMEN’S BUSINESS ENTERPRISE 
DEVELOPMENT 
Sec. 
40301.
Definitions. 
40302.
Establishment of the Interagency Committee. 
40303.
Duties of the Interagency Committee. 
40304.
Membership of the Interagency Committee. 
40305.
Reports from the Interagency Committee. 
40306.
Establishment of the National Women’s Business Council. 
40307.
Duties of the Council. 
40308.
Membership and staff of the Council. 
40309.
Studies and other research. 
40310.
Authorization of appropriations. 
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414 
(B) SMALL BUSINESS ADMINISTRATION.—With respect to the 
Administration, the representative shall be the Assistant Adminis-
trator of the Office of Women’s Business Ownership, who shall— 
(i) serve as the vice chairperson of the Interagency Com-
mittee; 
(ii) report directly to the Administrator on the status of the 
activities on the Interagency Committee; and 
(iii) serve as the Interagency Committee Liaison to the 
Council. 
(3) OTHER PARTICIPATION.—Representatives of the Federal Govern-
ment not listed in paragraph (1) may participate in the meetings and 
functions of the Interagency Committee on a temporary basis as needed 
to carry out specific Interagency Committee goals. 
(b) APPOINTMENT
OF CHAIRPERSON.—The President, in consultation 
with the Administrator, shall appoint one of the members of the Interagency 
Committee to serve as chairperson. 
(c) NONCOMPENSATION.—A member of the Interagency Committee shall 
serve without additional pay for such membership. 
(d) DETAIL OF FEDERAL EMPLOYEES.—On request by the chairperson 
of the Interagency Committee, the head of any Federal agency may detail 
any of the personnel of the Federal agency to assist the Interagency Com-
mittee in carrying out its duties under this chapter without regard to sec-
tion 3341 of title 5. 
§ 40305. Reports from the Interagency Committee 
The Interagency Committee, through the Administrator, shall annually 
submit to the President, the Committee on Small Business and Entrepre-
neurship of the Senate, and the Committee on Small Business of the House 
of Representatives a report that contains— 
(1) a detailed description of the activities of the Interagency Com-
mittee, including a verbatim report on the status of progress of the 
Interagency Committee in meeting its responsibilities and duties under 
section 40303(a) of this title; 
(2) the findings and conclusions of the Interagency Committee; and 
(3) the Interagency Committee’s recommendations for such legisla-
tion and administrative actions as the Interagency Committee considers 
appropriate to promote the development of small business concerns 
owned and controlled by women. 
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415 
§ 40306. Establishment of the National Women’s Business 
Council 
There is established a council to be known as the National Women’s 
Business Council, which shall serve as an independent source of advice and 
policy recommendations to— 
(1) the Interagency Committee; 
(2) the Administrator (through the Assistant Administrator of the 
Office of Women’s Business Ownership); 
(3) Congress; and 
(4) the President. 
§ 40307. Duties of the Council 
(a) IN GENERAL.—The Council shall advise and consult with the Inter-
agency Committee on matters relating to the activities, functions, and poli-
cies of the Interagency Committee, as provided in this chapter. 
(b) MEETINGS.— 
(1) IN GENERAL.—The Council— 
(A) shall meet jointly with the Interagency Committee as pro-
vided in section 40303(c) of this title; and 
(B) shall meet separately at such times as the Council considers 
necessary. 
(2) QUORUM.—A majority of the members of the Council shall con-
stitute a quorum for the approval of recommendations or reports issued 
under this section. 
(c) RECOMMENDATIONS AND REPORTS.—The Council shall— 
(1) make annual recommendations for consideration by the Inter-
agency Committee; and 
(2) provide reports and make such other recommendations as the 
Council considers appropriate to— 
(A) the Interagency Committee; 
(B) the President; 
(C) the Administrator (through the Assistant Administrator of 
the Office of Women’s Business Ownership); and 
(D) the Committee on Small Business and Entrepreneurship of 
the Senate and the Committee on Small Business of the House 
of Representatives. 
(d) OTHER DUTIES.—The Council shall— 
(1) review, coordinate, and monitor plans and programs developed in 
the public and private sectors that affect the ability of women-owned 
business enterprises to obtain capital and credit; 
(2) promote and assist in the development of a women’s business 
census and other surveys of women-owned businesses; 
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(3) monitor and promote the plans, programs, and operations of 
Federal agencies that may contribute to the establishment and growth 
of women’s business enterprise; 
(4) develop and promote new initiatives, policies, programs, and 
plans designed to foster women’s business enterprises; 
(5) advise and consult with the Interagency Committee in the design 
of a comprehensive plan for a joint public-private sector effort to facili-
tate growth and development of women’s business enterprises; and 
(6) not later than 90 days after the last day of each fiscal year, sub-
mit to the President, the Committee on Small Business and Entrepre-
neurship of the Senate, and the Committee on Small Business of the 
House of Representatives, a report that contains— 
(A) a detailed description of the activities of the Council, includ-
ing a status report on the Council’s progress toward meeting its 
duties under this subsection and subsection (a); 
(B) the findings, conclusions, and recommendations of the 
Council; and 
(C) the Council’s recommendations for such legislation and ad-
ministrative actions as the Council considers appropriate to pro-
mote the development of small business concerns owned and con-
trolled by women. 
(e) FORM
OF INFORMATION.—The information described in subpara-
graphs (A) to (C) of subsection (d)(6) shall be reported in a report under 
subsection (d) verbatim, with any separate additional, concurring, or dis-
senting views of the Administrator. 
§ 40308. Membership and staff of the Council 
(a) CHAIRPERSON.— 
(1) IN GENERAL.—The President shall appoint an individual to 
serve as chairperson of the Council, in consultation with the Adminis-
trator. 
(2) QUALIFICATIONS.—The chairperson of the Council shall be a 
prominent business woman who is qualified to head the Council by vir-
tue of her education, training, and experience. 
(b) OTHER MEMBERS.—The Administrator shall, after receiving the rec-
ommendations of the Chairman and the Ranking Member of the Committee 
on Small Business and Entrepreneurship of the Senate and the Committee 
on Small Business of the House of Representatives, appoint, in consultation 
with the chairperson of the Council, 14 members of the Council, of whom— 
(1) 4 shall be— 
(A) owners of small business concerns; and 
(B) members of the same political party as the President; 
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(2) 4 shall— 
(A) be owners of small business concerns; and 
(B) not be members of the same political party as the Presi-
dent; and 
(3) 6 shall be representatives of women’s business organizations, in-
cluding representatives of women’s business center sites. 
(c) DIVERSITY.—In appointing members of the Council, the Adminis-
trator shall, to the extent possible, ensure that the members appointed re-
flect geographic (including both urban and rural areas), racial, economic, 
and public-private sectoral diversity. 
(d) TERMS.—A member of the Council shall be appointed for a term of 
3 years. 
(e) OTHER FEDERAL SERVICE.—If, after appointment to the Council, a 
member of the Council becomes an officer or employee of the Federal Gov-
ernment, the member may continue as a member of the Council for not 
longer than the 30-day period beginning on the date on which the member 
becomes such an officer or employee. 
(f) VACANCIES.— 
(1) IN GENERAL.—A vacancy on the Council shall be filled not later 
than 30 days after the date on which the vacancy occurs, in the man-
ner in which the original appointment was made, and shall be subject 
to any conditions that applied to the original appointment. 
(2) UNEXPIRED TERM.—An individual chosen to fill a vacancy shall 
be appointed for the unexpired term of the member replaced. 
(g) REIMBURSEMENTS.—A member of the Council shall serve without pay 
for such membership, except that a member shall be entitled to reimburse-
ment for travel, subsistence, and other necessary expenses incurred by the 
member in carrying out the functions of the Council, in the same manner 
as a person serving on an advisory committee under section 10315 of this 
title. 
(h) EXECUTIVE DIRECTOR AND ADDITIONAL EMPLOYEES.— 
(1) EXECUTIVE DIRECTOR.—The Administrator, in consultation with 
the chairperson of the Council, shall appoint an executive director of 
the Council. 
(2) ADDITIONAL EMPLOYEES.—On recommendation by the executive 
director, the chairperson of the Council may appoint and fix the pay 
of 4 additional employees of the Council, at a rate of pay not to exceed 
the maximum rate of pay payable for a position at GS–15 of the Gen-
eral Schedule. 
(3) APPROPRIATIONS.—An appointment under paragraph (1) or (2) 
shall be subject to the appropriation of funds. 
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(i) RATES OF PAY.—The executive director and staff of the Council may 
be appointed without regard to the provisions of title 5 governing appoint-
ments in the competitive service, and except as provided in subsection (e), 
may be paid without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of that title relating to classification and General Schedule 
pay rates, except that the executive director may not receive pay in excess 
of the annual rate of basic pay payable for a position at ES–3 of the Senior 
Executive Pay Schedule under section 5382 of title 5. 
§ 40309. Studies and other research 
(a) IN GENERAL.—The Council may conduct such studies and other re-
search relating to the award of Federal prime contracts and subcontracts 
to women-owned businesses, to access to credit and investment capital by 
women entrepreneurs, or to other issues relating to women-owned busi-
nesses, as the Council determines to be appropriate. 
(b) CONTRACT AUTHORITY.—In conducting any study or other research 
under this section, the Council may contract with one or more public or pri-
vate entities. 
§ 40310. Authorization of appropriations 
(a) IN GENERAL.—There is authorized to be appropriated to carry out 
this chapter $1,000,000 for each of fiscal years 2001 through 2003, of 
which $550,000 shall be available in each such fiscal year to carry out sec-
tion 40309 of this title. 
(b) BUDGET REVIEW.—No amount made available under this section for 
any fiscal year may be obligated or expended by the Council before the date 
on which the Council reviews and approves the operating budget of the 
Council to carry out the responsibilities of the Council for that fiscal year. 
CHAPTER 451—MISCELLANEOUS 
Sec. 
45101.
Small business economic policy. 
45102.
Small Business Manufacturing Task Force. 
45103.
Test program for negotiation of comprehensive small business subcontracting plans. 
45104.
Coordination of Federal assistance for small business concerns adversely affected by 
NAFTA. 
45105.
Disaster aid to major sources of employment. 
45106.
Background check policy; fingerprinting. 
45107.
Expedited resolution of contract dispute matters. 
45108.
Small Business Procurement Advisory Council. 
45109.
Small business energy efficiency. 
45110.
Information regarding, and marketing of, programs for veterans and reservists. 
45111.
Outreach regarding health insurance options available to children. 
§ 45101. Small business economic policy 
(a) DECLARATION OF SMALL BUSINESS POLICY.— 
(1) PRESERVATION AND PROMOTION OF COMPETITIVE FREE ENTER-
PRISE SYSTEM.—For the purpose of preserving and promoting a com-
petitive free enterprise economic system, Congress declares that it is 
the continuing policy and responsibility of the Federal Government to 
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use all practical means and to take such actions as are necessary, con-
sistent with its needs and obligations and other essential considerations 
of national policy, to implement and coordinate all Federal agency poli-
cies, programs, and activities to— 
(A) foster the economic interests of small businesses; 
(B) ensure the existence of a competitive economic climate con-
ducive to the development, growth, and expansion of small busi-
nesses; 
(C) establish incentives to ensure that adequate capital and 
other resources at competitive prices are available to small busi-
nesses; 
(D) reduce the concentration of economic resources and expand 
competition; and 
(E) provide an opportunity for entrepreneurship, inventiveness, 
and the creation and growth of small businesses. 
(2) AVAILABILITY OF ADEQUATE CAPITAL TO SMALL BUSINESSES.— 
Congress declares that the Federal Government is committed to a pol-
icy of utilizing all reasonable means, consistent with the overall eco-
nomic policy goals of the Nation and the preservation of the competi-
tive free enterprise system of the Nation, to establish private sector in-
centives that will help ensure that adequate capital at competitive 
prices is available to small businesses. 
(b) PROMOTION OF INVESTMENT.—To fulfill the policy stated in sub-
section (a), each Federal agency shall use all reasonable means to coordi-
nate, create, and sustain policies and programs that promote investment in 
small businesses, including the investments that expand employment oppor-
tunities and foster the effective and efficient use of human and natural re-
sources in the national economy. 
(c) REPORT ON SMALL BUSINESS AND COMPETITION.— 
(1) IN GENERAL.—Not later than January 20 of each year, the 
President shall submit to the Committee on Small Business and Entre-
preneurship of the Senate and the Committee on Small Business of the 
House of Representatives a report on small business and competition. 
(2) CONTENTS.—A report under paragraph (1) shall— 
(A) examine the current role of small business in the economy 
on an industry-by-industry basis; 
(B) present current and historical data on production, employ-
ment, investment, population, job creation and retention, annual 
business failures, annual business startups, and other economic 
variables for small business in the economy as a whole and for 
small business in each sector of the economy, with, to the extent 
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practicable, specific statistics divided as to urban, suburban, and 
rural areas; 
(C) identify economic trends that may affect the small business 
sector and the state of competition; 
(D)(i) examine the effects on small business and competition of 
policies, programs, and activities, including— 
(I) the Internal Revenue Code of 1986 (26 U.S.C. 1 et 
seq.); 
(II) the Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1001 et seq.); 
(III) the Securities Act of 1933 (15 U.S.C. 77a et seq.); 
and 
(IV) the Securities Exchange Act of 1934 (15 U.S.C. 78a 
et seq.); 
(ii) identify problems generated by such policies, programs, and 
activities; and 
(iii) recommend legislative and administrative solutions to such 
problems; 
(E) recommend a program for carrying out the policy declared 
in subsection (a), including such recommendations for legislation 
as the President considers necessary or desirable; and 
(F) include an appendix that discloses, for each Federal agen-
cy— 
(i) the total dollar value of all Federal contracts (including 
subcontracts) exceeding $10,000 in amount; and 
(ii) the dollar amount of those contracts awarded to— 
(I) small businesses; 
(II) minority-owned businesses; 
(III) female-owned businesses; and 
(IV) veteran-owned businesses. 
(3) DETAILING OF INFORMATION.—The information required to be 
contained in the report under paragraph (1) shall separately detail the 
portions of the information that are relevant to— 
(A) small business concerns owned and controlled by socially 
and economically disadvantaged individuals, by gender; 
(B) small business concerns owned and controlled by women; 
(C) qualified HUBZone small business concerns; and 
(D) small business concerns owned and controlled by veterans 
and small business concerns owned and controlled by service-dis-
abled veterans. 
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(4) SUPPLEMENTARY REPORTS.—The President may from time to 
time submit to the Committee on Small Business and Entrepreneurship 
of the Senate and the Committee on Small Business of the House of 
Representatives reports supplementary to a report under paragraph (1) 
that includes such supplementary or revised recommendations as the 
President considers necessary or desirable to achieve the policy declared 
in subsection (a). 
§ 45102. Small Business Manufacturing Task Force 
(a) ESTABLISHMENT.—The Administrator shall establish a Small Busi-
ness Manufacturing Task Force (referred to in this section as the ‘‘Task 
Force’’) to address the concerns of small manufacturers. 
(b) CHAIR.—The Administrator shall assign a member of the Task Force 
to serve as chair of the Task Force. 
(c) DUTIES.—The Task Force shall— 
(1) evaluate and identify whether programs and services are suffi-
cient to serve the needs of small manufacturers; 
(2) actively promote the programs and services of the Administration 
that serve small manufacturers; and 
(3) identify and study the unique conditions facing small manufac-
turers and develop and propose policy initiatives to support and assist 
small manufacturers. 
(d) MEETINGS.— 
(1) FREQUENCY.—The Task Force shall meet not less than 4 times 
a year, and more frequently if necessary to perform its duties. 
(2) QUORUM.—A majority of the members of the Task Force shall 
constitute a quorum to approve recommendations or reports. 
(e) PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.—A member of the Task Force 
shall serve without compensation in addition to that received for serv-
ices rendered as an officer or employee of the United States. 
(2) DETAIL OF SBA EMPLOYEES.—Any employee of the Administra-
tion may be detailed to the Task Force without reimbursement and 
without interruption or loss of civil service status or privilege. 
(f) REPORT.—The Task Force shall annually submit a report containing 
the findings and recommendations of the Task Force to— 
(1) the President; 
(2) the Committee on Small Business and Entrepreneurship of the 
Senate; and 
(3) the Committee on Small Business of the House of Representa-
tives. 
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§ 45103. Test program for negotiation of comprehensive 
small business subcontracting plans 
(a) TEST PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense shall establish a test 
program under which contracting activities in the military departments 
and the defense agencies are authorized to undertake one or more dem-
onstration projects to determine whether the negotiation and adminis-
tration of comprehensive subcontracting plans will reduce administra-
tive burdens on contractors while enhancing opportunities provided 
under Department of Defense contracts for small business concerns 
and small business concerns owned and controlled by socially and eco-
nomically disadvantaged individuals. 
(2) BROAD RANGE OF SUPPLIES AND SERVICES.—In selecting the 
contracting activities to undertake demonstration projects, the Sec-
retary of Defense shall take such action as is necessary to ensure that 
a broad range of the supplies and services acquired by the Department 
of Defense are included in the test program. 
(3) CONSULTATION; PUBLIC COMMENT.—In developing the test pro-
gram, the Secretary of Defense shall— 
(A) consult with the Administrator; and 
(B) provide an opportunity for public comment on the test pro-
gram. 
(b) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLAN.— 
(1) IN GENERAL.—In a demonstration project under the test pro-
gram, the Secretary of a military department or head of a defense 
agency shall negotiate, monitor, and enforce compliance with a com-
prehensive subcontracting plan with a Department of Defense con-
tractor described in paragraph (3). 
(2) SCOPE.—The comprehensive subcontracting plan of a con-
tractor— 
(A) shall apply to the entire business organization of the con-
tractor or to one or more of the contractor’s divisions or operating 
elements, as specified in the subcontracting plan; and 
(B) shall cover each Department of Defense contract that is en-
tered into by the contractor and each subcontract that is entered 
into by the contractor as the subcontractor under a Department 
of Defense contract. 
(3) DEPARTMENT
OF
DEFENSE
CONTRACTOR.—A Department of 
Defense contractor referred to in paragraph (1) is, with respect to a 
comprehensive subcontracting plan negotiated in any fiscal year, a 
business concern that, during the immediately preceding fiscal year, 
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furnished the Department of Defense with goods or services (including 
professional services, research and development services, and construc-
tion services) under at least 3 Department of Defense contracts having 
an aggregate value of at least $5,000,000. 
(c) WAIVER OF CERTAIN SUBCONTRACTING PLAN REQUIREMENTS.—A 
Department of Defense contractor is not required to negotiate or submit a 
subcontracting plan under section 24302(a) or 24303(c) of this title with 
respect to a Department of Defense contract if— 
(1) the contractor has negotiated a comprehensive subcontracting 
plan under the test program that includes the matters specified in sec-
tion 24303(d) of this title; 
(2) such matters have been determined to be acceptable by the Sec-
retary of the military department or head of a Defense Agency negoti-
ating the comprehensive subcontracting plan; and 
(3) the comprehensive subcontracting plan applies to the contract. 
(d) FAILURE TO MAKE A GOOD FAITH EFFORT TO COMPLY WITH A 
COMPANY-WIDE SUBCONTRACTING PLAN.—A contractor that has nego-
tiated a comprehensive subcontracting plan under the test program shall be 
subject to section 24305 of this title regarding the assessment of liquidated 
damages for failure to make a good faith effort to comply with its company- 
wide plan and the goals specified in the plan. 
(e) TERMINATION.—The test program shall terminate on September 30, 
2010. 
§ 45104. Coordination of Federal assistance for small busi-
ness concerns adversely affected by NAFTA 
The Administrator shall coordinate Federal assistance to provide coun-
seling to small business concerns adversely affected by the North American 
Free Trade Agreement. 
§ 45105. Disaster aid to major sources of employment 
(a) IN GENERAL.—The Administrator may provide any nonagricultural 
enterprise that has constituted a major source of employment in an area 
suffering a major disaster and that is no longer in substantial operation as 
a result of the disaster a loan in such amount as is necessary to enable the 
enterprise to resume operations in order to assist in restoring the economic 
viability of the disaster area. 
(b) LOAN AMOUNT.—A loan under this section shall be made without re-
gard to any limitation on the amount of a loan that may otherwise be im-
posed by any other provision of law (including a regulation). 
(c) ADDITIONAL ASSISTANCE.—Assistance under this section shall be in 
addition to any other Federal disaster assistance, except that such other as-
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sistance may be adjusted or modified to the extent that the Under Secretary 
of Emergency Preparedness and Response considers appropriate. 
(d) INTEREST.—A loan made under this section shall bear interest at a 
rate determined by the Secretary of the Treasury, taking into consideration 
the current average market yield on outstanding marketable obligations of 
the United States with remaining periods to maturity of 10 to 12 years, 
reduced by not to exceed 2 percent per year. In no event shall a loan made 
under this section bear interest at a rate in excess of 6 percent per year. 
(e) DEFERRAL OF PAYMENT OF PRINCIPAL AND INTEREST.—The Presi-
dent, if the President considers it necessary, may defer payments of prin-
cipal and interest on a loan under this section for a period not to exceed 
3 years after the date of the loan. Any such deferred payments shall bear 
interest at the rate determined under subsection (d). 
§ 45106. Background check policy; fingerprinting 
The Administrator shall not require fingerprints to be obtained for back-
ground check purposes from any participant in any Administration program 
who is serving on a voluntary basis and without compensation unless the 
Administrator has reasonable grounds to believe that the participant’s 
record or background is such as to make the participant ineligible to partici-
pate in the program. 
§ 45107. Expedited resolution of contract dispute matters 
(a) REQUIRED FAR PROVISION.—The Federal Acquisition Regulation 
shall include provisions that require a contracting officer— 
(1) to make every reasonable effort to respond in writing within 30 
days to any written request made to a contracting officer with respect 
to a matter relating to the administration of a contract that is received 
from a small business concern; and 
(2) if the contracting officer is unable to reply within the 30-day pe-
riod, to transmit to the contractor within that period a written notifica-
tion of a specific date by which the contracting officer expects to re-
spond. 
(b) APPLICABILITY.—The provision required under subsection (a) shall 
not apply to a request for a contracting officer’s decision under the Contract 
Disputes Act of 1978 (41 U.S.C. 601 et seq.). 
(c) EFFECT OF SECTION.—This section does not create any right under 
the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). 
§ 45108. Small Business Procurement Advisory Council 
(a) ESTABLISHMENT.—There is established an interagency council to be 
known as the Small Business Procurement Advisory Council (referred to in 
this section as the ‘‘Council’’). 
(b) DUTIES.—The duties of the Council are— 
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(1) to develop positions on proposed procurement regulations affect-
ing the small business community; and 
(2) to submit comments reflecting such positions to appropriate reg-
ulatory authorities. 
(c) MEMBERSHIP.—The Council shall be composed of the following mem-
bers: 
(1) The Administrator (or the designee of the Administrator). 
(2) The Director of the Minority Business Development Agency. 
(3) The head of each office of small and disadvantaged business uti-
lization established under section 25109 of this title for each procuring 
agency. 
(d) CHAIRMAN.—The Council shall be chaired by the Administrator. 
(e) MEETINGS.—The Council shall meet at the call of the chairman as 
necessary to consider proposed procurement regulations affecting the small 
business community. 
(f) CONSIDERATION OF COUNCIL COMMENTS.—The Federal Acquisition 
Regulatory Council and other appropriate regulatory authorities shall con-
sider comments submitted in a timely manner under subsection (b)(2). 
§ 45109. Small business energy efficiency 
(a) DEFINITIONS.—In this section: 
(1) DISABILITY.—The term ‘‘disability’’ has the meaning given the 
term in section 3 of the Americans with Disabilities Act of 1990 (42 
U.S.C. 12102). 
(2) EFFICIENCY PROGRAM.—the term ‘‘efficiency program’’ means 
the small business energy efficiency program established under sub-
section (c). 
(3) ELECTRIC UTILITY.—The term ‘‘electric utility’’ has the meaning 
given the term in section 3 of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2602). 
(4) GOVERNMENTWIDE PROGRAM.—The term ‘‘Governmentwide pro-
gram’’ means the program established under subsection (b). 
(5) HIGH-PERFORMANCE GREEN BUILDING.—The term ‘‘high-per-
formance green building’’ has the meaning given the term in section 
401 of the Energy Independence and Security Act of 2007 (42 U.S.C. 
17061). 
(6) ON-BILL FINANCING.—The term ‘‘on-bill financing’’ means a low 
interest or no interest financing agreement between a small business 
concern and an electric utility for the purchase or installation of equip-
ment under which— 
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(A) the regularly scheduled payment of the small business con-
cern to the electric utility is not reduced by the amount of the re-
duction in cost attributable to the new equipment; and 
(B) that amount is credited to the electric utility until the cost 
of the purchase or installation is repaid. 
(7) TELECOMMUTING.—The term ‘‘telecommuting’’ means the use of 
telecommunications to perform work functions under circumstances 
that reduce or eliminate the need to commute. 
(8) TELECOMMUTING PILOT PROGRAM.—The term ‘‘telecommuting 
pilot program’’ means the pilot program established under subsection 
(d). 
(b) GOVERNMENTWIDE PROGRAM.— 
(1) IN GENERAL.—The Administrator shall promulgate final rules 
establishing the Governmentwide program authorized under subsection 
(d) of section 337 of the Energy Policy and Conservation Act (42 
U.S.C. 6307) that ensure compliance with that subsection. 
(2) ASSISTANCE.—The Administrator shall develop and coordinate a 
Governmentwide program, building on the Energy Star for Small Busi-
ness program, to assist small business concerns in— 
(A) becoming more energy efficient; 
(B) understanding the cost savings from improved energy effi-
ciency; and 
(C) identifying financing options for energy efficiency upgrades. 
(3) CONSULTATION AND COOPERATION.—The Governmentwide pro-
gram shall be developed and coordinated— 
(A) in consultation with the Secretary of Energy and the Ad-
ministrator of the Environmental Protection Agency; and 
(B) in cooperation with any entities that the Administrator con-
siders appropriate, such as industry trade associations, industry 
members, and energy efficiency organizations. 
(4) AVAILABILITY OF INFORMATION.—The Administrator shall make 
available the information and materials developed under the Govern-
mentwide program to— 
(A) small business concerns, including smaller design, engineer-
ing, and construction firms; and 
(B) other Federal programs for energy efficiency, such as the 
Energy Star for Small Business program. 
(5) STRATEGY AND REPORT.— 
(A) STRATEGY REQUIRED.—The Administrator shall develop a 
strategy to educate, encourage, and assist small business concerns 
in adopting energy efficient building fixtures and equipment. 
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(B) REPORT.—Not later than December 31, 2008, the Adminis-
trator shall submit to Congress a report containing a plan to im-
plement the strategy developed under subparagraph (A). 
(c) EFFICIENCY PROGRAM.— 
(1) AUTHORITY.—The Administrator shall establish a small business 
energy efficiency program to provide energy efficiency assistance to 
small business concerns through small business development centers. 
(2) SMALL BUSINESS DEVELOPMENT CENTERS.— 
(A) IN GENERAL.—In carrying out the efficiency program, the 
Administrator shall enter into agreements with small business de-
velopment centers under which small business development centers 
shall— 
(i) provide access to information and resources on energy 
efficiency practices, including on-bill financing options; 
(ii) conduct training and educational activities; 
(iii) offer confidential, free, one-on-one, in-depth energy au-
dits to owners and operators of small business concerns re-
garding energy efficiency practices; 
(iv) give referrals to certified professionals and other pro-
viders of energy efficiency assistance that meet such stand-
ards for educational, technical, and professional competency 
as the Administrator shall establish; 
(v) to the extent not inconsistent with controlling State 
public utility regulations, act as a facilitator between small 
business concerns, electric utilities, lenders, and the Adminis-
trator to facilitate on-bill financing arrangements; 
(vi) provide necessary support to small business concerns 
to— 
(I) evaluate energy efficiency opportunities and oppor-
tunities to design or construct high-performance green 
buildings; 
(II) evaluate renewable energy sources, such as the 
use of solar and small wind energy to supplement power 
consumption; 
(III) secure financing to achieve energy efficiency or 
to design or construct high-performance green buildings; 
and 
(IV) implement energy efficiency projects; 
(vii) assist owners and operators of small business concerns 
with the development and commercialization of clean tech-
nology products, goods, services, and processes that use re-
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newable energy sources, dramatically reduce the use of nat-
ural resources, and cut or eliminate greenhouse gas emissions 
through— 
(I) technology assessment; 
(II) intellectual property; 
(III) small business innovation research submissions 
under division H of subtitle II; 
(IV) strategic alliances; 
(V) business model development; and 
(VI) preparation for investors; and 
(viii) help small business concerns improve environmental 
performance by shifting to less hazardous materials and re-
ducing waste and emissions, including by providing assistance 
for small business concerns to adapt the materials they use, 
the processes they operate, and the products and services they 
produce. 
(B) REPORTS.—A small business development center partici-
pating in the efficiency program shall submit to the Administrator 
and the Administrator of the Environmental Protection Agency an 
annual report that includes— 
(i) a summary of the energy efficiency assistance provided 
by the small business development center under the efficiency 
program; 
(ii) the number of small business concerns assisted by the 
small business development center under the efficiency pro-
gram; 
(iii) statistics on the total amount of energy saved as a re-
sult of assistance provided by that center under the efficiency 
program; and 
(iv) any additional information that the Administrator, in 
consultation with the Association, determines to be necessary. 
(C) REPORTS TO CONGRESS.—Not later than 60 days after the 
date on which all reports under subparagraph (B) relating to a 
year are submitted, the Administrator shall submit to the Com-
mittee on Small Business and Entrepreneurship of the Senate and 
the Committee on Small Business of the House of Representatives 
a report summarizing the information regarding the efficiency pro-
gram submitted by small business development centers partici-
pating in the efficiency program. 
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(3) ELIGIBILITY.—A small business development center shall be eli-
gible to participate in the efficiency program only if the small business 
development center is accredited under section 27111(b) of this title. 
(4) SELECTION OF PARTICIPATING STATE PROGRAMS.—From among 
small business development centers submitting applications to partici-
pate in the efficiency program, the Administrator— 
(A) shall, to the maximum extent practicable, select small busi-
ness development centers in such a manner as to promote a na-
tionwide distribution of small business development centers partici-
pating in the efficiency program; and 
(B) may not select more than one small business development 
center in a State to participate in the efficiency program. 
(5) MATCHING
REQUIREMENT.—Section 27102(g)(1) of this title 
shall apply to assistance made available under the efficiency program. 
(6) GRANT AMOUNTS.—A small business development center selected 
to participate in the efficiency program under paragraph (4) shall be 
eligible to receive a grant in an amount equal to not less than 
$100,000 nor more than $300,000 in each fiscal year. 
(7) EVALUATION AND REPORT.—The Comptroller General shall— 
(A) not later than 30 months after the date of disbursement of 
the first grant under the efficiency program, initiate an evaluation 
of the efficiency program; and 
(B) not later than 6 months after the date of the initiation of 
the evaluation under subparagraph (A), submit to the Adminis-
trator, the Committee on Small Business and Entrepreneurship of 
the Senate, and the Committee on Small Business of the House 
of Representatives a report containing— 
(i) the results of the evaluation; and 
(ii) any recommendations regarding whether the efficiency 
program, with or without modification, should be extended to 
include the participation of all small business development 
centers. 
(8) GUARANTEE.—To the extent not inconsistent with State law, the 
Administrator may guarantee the timely payment of a loan made to a 
small business concern through an on-bill financing agreement on such 
terms and conditions as the Administrator shall establish through a 
formal rulemaking, after providing notice and an opportunity for com-
ment. 
(9) IMPLEMENTATION.—Subject to amounts approved in advance in 
appropriations Acts and separate from amounts approved to carry out 
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section 27102(a) of this title, the Administrator may make grants or 
enter into cooperative agreements to carry out this subsection. 
(10) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated such sums as are necessary to make grants and enter 
into cooperative agreements to carry out this subsection. 
(11) TERMINATION.—The authority under this subsection shall ter-
minate 4 years after the date of disbursement of the first grant under 
the efficiency program. 
(d) TELECOMMUTING PILOT PROGRAM.— 
(1) IN GENERAL.—The Administrator shall conduct, in not more 
than 5 regions of the Administration, a pilot program to provide infor-
mation regarding telecommuting to small business concerns and to en-
courage small business concerns to offer telecommuting options to their 
employees. 
(2) SPECIAL OUTREACH TO INDIVIDUALS WITH DISABILITIES.—In 
carrying out the telecommuting pilot program, the Administrator shall 
make a concerted effort to provide information to— 
(A) small business concerns owned by or employing individuals 
with disabilities, particularly veterans who are individuals with dis-
abilities; 
(B) Federal, State, and local agencies having knowledge and ex-
pertise in assisting individuals with disabilities, including veterans 
who are individuals with disabilities; and 
(C) any group or organization the primary purpose of which is 
to aid individuals with disabilities or veterans who are individuals 
with disabilities. 
(3) PERMISSIBLE ACTIVITIES.—In carrying out the telecommuting 
pilot program, the Administrator may— 
(A) produce educational materials and conduct presentations de-
signed to raise awareness in the small business community of the 
benefits and the ease of telecommuting; 
(B)(i) conduct outreach to small business concerns that are con-
sidering offering telecommuting options; and 
(ii) conduct outreach as provided in paragraph (2); and 
(C) acquire telecommuting technologies and equipment to be 
used for demonstration purposes. 
(4) SELECTION OF REGIONS.—In determining which regions will par-
ticipate in the telecommuting pilot program, the Administrator shall 
give priority consideration to regions in which Federal agencies and 
private-sector employers have demonstrated a strong regional commit-
ment to telecommuting. 
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(5) REPORT.—Not later than 2 years after the date on which funds 
are first appropriated to carry out this subsection, the Administrator 
shall submit to the Committee on Small Business and Entrepreneur-
ship of the Senate and the Committee on Small Business of the House 
of Representatives a report containing the results of an evaluation of 
the telecommuting pilot program and any recommendations regarding 
whether the pilot program, with or without modification, should be ex-
tended to include the participation of all regions of the Administration. 
(6) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated to the Administration $5,000,000 to carry out this 
subsection. 
(7) TERMINATION.—The telecommuting pilot program shall termi-
nate 4 years after the date on which funds are first appropriated to 
carry out this subsection. 
§ 45110. Information regarding, and marketing of, programs 
for veterans and reservists 
(a) IN GENERAL.—The Administrator and the Secretary of Defense shall 
develop a joint website and printed materials providing information regard-
ing any program for small business concerns that is available to veterans 
or reservists. 
(b) MARKETING.—The Administrator may— 
(1) advertise and promote the program under section 21303 of this 
title jointly with the Secretary of Defense and veterans’ service organi-
zations; and 
(2) advertise and promote participation by lenders in the program 
jointly with trade associations for banks or other lending institutions. 
§ 45111. Outreach regarding health insurance options avail-
able to children 
(a) DEFINITIONS.—In this section: 
(1) MEDICAID PROGRAM.—The term ‘‘Medicaid program’’ means the 
program established under title XIX of the Social Security Act (42 
U.S.C. 1396 et seq.). 
(2) STATE.—The term ‘‘State’’ has the meaning given the term for 
purposes of title XXI of the Social Security Act (42 U.S.C. 1397aa et 
seq.). 
(3) STATE CHILDREN’S HEALTH INSURANCE PROGRAM.—The term 
‘‘State children’s health insurance program’’ means the State children’s 
health insurance program established under title XXI of the Social Se-
curity Act (42 U.S.C. 1397aa et seq.). 
(4) TASK FORCE.—The term ‘‘task force’’ means the task force es-
tablished under subsection (b)(1). 
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(b) ESTABLISHMENT OF TASK FORCE.— 
(1) ESTABLISHMENT.—There is established a task force to conduct 
a nationwide campaign of education and outreach for small business 
concerns regarding the availability of coverage for children through pri-
vate insurance options, the Medicaid program, and the State children’s 
health insurance program. 
(2) MEMBERSHIP.—The task force shall consist of the Adminis-
trator, the Secretary of Health and Human Services, the Secretary of 
Labor, and the Secretary of the Treasury. 
(3) RESPONSIBILITIES.—The campaign conducted under this sub-
section shall include— 
(A) efforts to educate the owners of small business concerns 
about the value of health coverage for children; 
(B) information regarding options available to the owners and 
employees of small business concerns to make insurance more af-
fordable, including Federal and State tax deductions and credits 
for health care-related expenses and health insurance expenses and 
Federal tax exclusion for health insurance options available under 
employer-sponsored cafeteria plans under section 125 of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 125); 
(C) efforts to educate the owners of small business concerns 
about assistance available through public programs; and 
(D) efforts to educate the owners and employees of small busi-
ness concerns regarding the availability of the hotline operated as 
part of the Insure Kids Now program of the Department of 
Health and Human Services. 
(4) IMPLEMENTATION.—In carrying out this subsection, the task 
force may— 
(A) use any business partner of the Administration, including— 
(i) a small business development center; 
(ii) a certified development company; 
(iii) a women’s business center; and 
(iv) SCORE; 
(B) enter into— 
(i) a memorandum of understanding with a chamber of 
commerce; and 
(ii) a partnership with any appropriate small business con-
cern or health advocacy group; and 
(C) designate outreach programs at regional offices of the De-
partment of Health and Human Services to work with district of-
fices of the Administration. 
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433 
(5) WEBSITE.—The Administrator shall ensure that links to infor-
mation on the eligibility and enrollment requirements for the Medicaid 
program and State children’s health insurance program of each State 
are prominently displayed on the website of the Administration. 
(6) REPORT.— 
(A) IN GENERAL.—Not later than February 4, 2011, and every 
2 years thereafter, the Administrator shall submit to the Com-
mittee on Small Business and Entrepreneurship of the Senate and 
the Committee on Small Business of the House of Representatives 
a report on the status of the nationwide campaign conducted 
under paragraph (1). 
(B) CONTENTS.—A report under subparagraph (A) shall in-
clude a status update on all efforts made to educate owners and 
employees of small business concerns on options for providing 
health insurance for children through public and private alter-
natives. 
SEC. 4. CONFORMING AMENDMENTS TO POSITIVE LAW PROVISIONS 
OF THE UNITED STATES CODE. 
(a) TITLE 5.—Title 5, United States Code, is amended— 
(1) in section 601(3), by striking ‘‘section 3 of the Small Business 
Act’’ and inserting ‘‘section 10101 of title 53’’; and 
(2) in section 3703(e)(2)(A), by striking ‘‘section 3(a)(2) of the 
Small Business Act’’ and inserting ‘‘section 10101 of title 53’’. 
(b) TITLE 10.—Title 10, United States Code, is amended— 
(1) in section 144— 
(A) in subsection (b), by striking ‘‘section 15(k) of the Small 
Business Act (15 U.S.C. 644(k))’’ and inserting ‘‘section 25109 
of title 53’’; and 
(B) in subsection (c)(2), by striking ‘‘Section 15(k) of the Small 
Business Act (15 U.S.C. 644(k))’’ and inserting ‘‘Section 25109 
of title 53’’; 
(2) in section 2225(f)— 
(A) in paragraph (3), by striking ‘‘section 3(a) of the Small 
Business Act (15 U.S.C. 632(a))’’ and inserting ‘‘section 10101 
of title 53’’; 
(B) in paragraph (4), by striking ‘‘section 8(d)(3)(C) of the 
Small Business Act (15 U.S.C. 637(d)(3)(C))’’ and inserting ‘‘sec-
tion 10101 of title 53’’; and 
(C) in paragraph (5), by striking ‘‘section 8(d)(3)(D) of the 
Small Business Act (15 U.S.C. 637(d)(3)(D))’’ and inserting ‘‘sec-
tion 10101 of title 53’’; 
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455 
disadvantaged small business concerns (as defined in section 8(a)(4) of 
the Small Business Act (15 U.S.C. 63y(a)(4)))’’ and inserting ‘‘small 
business concerns owned and operated by socially and economically dis-
advantaged individuals (as defined in section 10101 of title 53, United 
States Code)’’. 
(q) TITLE 43.—Section 29(e)(4)(C) of the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1626(e)(4)(C)) is amended by striking ‘‘section 8 of 
Public Law 85–536’’ and inserting ‘‘chapters 231 to 235 of title 53, United 
States Code,’’. 
(r) TITLE 50.—Section 702 of the Defense Production Act of 1950 (50 
App. U.S.C. 2152) is amended— 
(1) in paragraph (17), by striking ‘‘section 3(a) of the Small Busi-
ness Act’’ and inserting ‘‘section 10101 of title 53, United States 
Code,’’; and 
(2) in paragraph (18), by striking ‘‘section 8(d)(3)(C) of the Small 
Business Act’’ and inserting ‘‘section 10101 of title 53, United States 
Code’’. 
SEC. 6. TRANSITIONAL AND SAVINGS PROVISIONS. 
(a) DEFINITIONS.—In this section: 
(1) SOURCE PROVISION.—The term ‘‘source provision’’ means a pro-
vision of law that is replaced by a title 53 provision. 
(2) TITLE 53 PROVISION.—The term ‘‘title 53 provision’’ means a 
provision of title 53, United States Code, that is enacted by section 3. 
(b) CUTOFF DATE.—The title 53 provisions replace certain provisions of 
law enacted on or before February 4, 2009. If a law enacted after that date 
amends or repeals a source provision, that law is deemed to amend or re-
peal, as the case may be, the corresponding title 53 provision. If a law en-
acted after that date is otherwise inconsistent with a title 53 provision or 
a provision of this Act, that law supersedes the title 53 provision or provi-
sion of this Act to the extent of the inconsistency. 
(c) ORIGINAL DATE OF ENACTMENT UNCHANGED.—For purposes of de-
termining whether one provision of law supersedes another based on enact-
ment later in time, a title 53 provision is deemed to have been enacted on 
the date of enactment of the source provision that the title 53 provision re-
places. 
(d) REFERENCES TO TITLE 53 PROVISIONS.—A reference to a title 53 
provision is deemed to refer to the corresponding source provision. 
(e) REFERENCES TO SOURCE PROVISIONS.—A reference to a source pro-
vision, including a reference in a regulation, order, or other law, is deemed 
to refer to the corresponding title 53 provision. 
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456 
(f) REGULATIONS, ORDERS, AND OTHER ADMINISTRATIVE ACTIONS.—A 
regulation, order, or other administrative action in effect under a source 
provision continues in effect under the corresponding title 53 provision. 
(g) ACTIONS TAKEN AND OFFENSES COMMITTED.—An action taken or 
an offense committed under a source provision is deemed to have been taken 
or committed under the corresponding title 53 provision. 
SEC. 7. REPEALS. 
The following provisions of law are repealed, except with respect to rights 
and duties that matured, penalties that were incurred, or proceedings that 
were begun before the date of enactment of this Act: 
Schedule of Laws Repealed 
Act 
Section 
United States Code 
Former Classification 
Small Business Act (Public Law 85–536, 
§ 2) ......................................................
2(d)(1), (g), (i), (j) ..................
15 U.S.C. 631(d)(1), (g), (i), 
(j).
3 ...............................................
15 U.S.C. 632.
4 ...............................................
15 U.S.C. 633.
5 ...............................................
15 U.S.C. 634.
6 ...............................................
15 U.S.C. 635.
7 ...............................................
15 U.S.C. 636.
8 ...............................................
15 U.S.C. 637.
9 ...............................................
15 U.S.C. 638.
10 .............................................
15 U.S.C. 639.
11 .............................................
15 U.S.C. 640.
12 .............................................
15 U.S.C. 641.
13 .............................................
15 U.S.C. 642.
14 .............................................
15 U.S.C. 643.
15 .............................................
15 U.S.C. 644.
16 .............................................
15 U.S.C. 645.
17 .............................................
15 U.S.C. 646.
18 .............................................
15 U.S.C. 647.
19 .............................................
15 U.S.C. 631.
20(a)(1), (2), (4), (b) to (e), 
(j).
15 U.S.C. 631 note.
21 .............................................
15 U.S.C. 648.
22 .............................................
15 U.S.C. 649.
23 .............................................
15 U.S.C. 650.
24 .............................................
15 U.S.C. 651.
25 .............................................
15 U.S.C. 652.
26 .............................................
15 U.S.C. 653.
27 .............................................
15 U.S.C. 654.
28 .............................................
15 U.S.C. 655.
29 .............................................
15 U.S.C. 656.
30 .............................................
15 U.S.C. 657.
31 .............................................
15 U.S.C. 657a.
32 .............................................
15 U.S.C. 657b.
33 .............................................
15 U.S.C. 657c.
34 .............................................
15 U.S.C. 657d.
35 .............................................
15 U.S.C. 657e.
36 .............................................
15 U.S.C. 657f.
37 .............................................
15 U.S.C. 657i.
38 .............................................
15 U.S.C. 657j.
39 .............................................
15 U.S.C. 657k.
40 .............................................
15 U.S.C. 657l.
41 .............................................
15 U.S.C. 657m.
42 .............................................
15 U.S.C. 657n.
43 .............................................
15 U.S.C. 657o.
44 .............................................
15 U.S.C. 631 note.
Small Business Investment Act of 1958 
(Public Law 85–699) ..........................
101 ...........................................
15 U.S.C. 631 note.
102 ...........................................
15 U.S.C. 661.
103 ...........................................
15 U.S.C. 662.
201 ...........................................
15 U.S.C. 671.
301 ...........................................
15 U.S.C. 681.
302 ...........................................
15 U.S.C. 682.
303 ...........................................
15 U.S.C. 683.
304 ...........................................
15 U.S.C. 684.
305 ...........................................
15 U.S.C. 685.
306 ...........................................
15 U.S.C. 686.
308 ...........................................
15 U.S.C. 687.
309 ...........................................
15 U.S.C. 687a.
310 ...........................................
15 U.S.C. 687b.
311 ...........................................
15 U.S.C. 687c.
312 ...........................................
15 U.S.C. 687d.
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457 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
Former Classification 
313 ...........................................
15 U.S.C. 687e.
314 ...........................................
15 U.S.C. 687f.
315 ...........................................
15 U.S.C. 687g.
316 ...........................................
15 U.S.C. 687h.
318 ...........................................
15 U.S.C. 687k.
319 ...........................................
15 U.S.C. 687l.
320 ...........................................
15 U.S.C. 687m.
351 ...........................................
15 U.S.C. 689.
352 ...........................................
15 U.S.C. 689a.
353 ...........................................
15 U.S.C. 689b.
354 ...........................................
15 U.S.C. 689c.
355 ...........................................
15 U.S.C. 689d.
356 ...........................................
15 U.S.C. 689e.
357 ...........................................
15 U.S.C. 689f.
358 ...........................................
15 U.S.C. 689g.
359 ...........................................
15 U.S.C. 689h.
360 ...........................................
15 U.S.C. 689i.
361 ...........................................
15 U.S.C. 689j.
362 ...........................................
15 U.S.C. 689k.
363 ...........................................
15 U.S.C. 689l.
364 ...........................................
15 U.S.C. 689m.
365 ...........................................
15 U.S.C. 689n.
366 ...........................................
15 U.S.C. 689o.
367 ...........................................
15 U.S.C. 689p.
368 ...........................................
15 U.S.C. 689q.
381 ...........................................
15 U.S.C. 690.
382 ...........................................
15 U.S.C. 690a.
383 ...........................................
15 U.S.C. 689b.
384 ...........................................
15 U.S.C. 690c.
385 ...........................................
15 U.S.C. 690d.
386 ...........................................
15 U.S.C. 690e.
387 ...........................................
15 U.S.C. 690f.
388 ...........................................
15 U.S.C. 690g.
389 ...........................................
15 U.S.C. 690h.
390 ...........................................
15 U.S.C. 690i.
391 ...........................................
15 U.S.C. 690j.
392 ...........................................
15 U.S.C. 690k.
393 ...........................................
15 U.S.C. 690l.
394 ...........................................
15 U.S.C. 690m.
395 ...........................................
15 U.S.C. 690n.
396 ...........................................
15 U.S.C. 690o.
397 ...........................................
15 U.S.C. 690p.
398 ...........................................
15 U.S.C. 690q.
401 ...........................................
15 U.S.C. 692.
402 ...........................................
15 U.S.C. 693.
404 ...........................................
15 U.S.C. 694–1.
405 ...........................................
15 U.S.C. 694–2.
410 ...........................................
15 U.S.C. 694a.
411 ...........................................
15 U.S.C. 694b.
412 ...........................................
15 U.S.C. 694c.
501 ...........................................
15 U.S.C. 695.
502 ...........................................
15 U.S.C. 696.
503 ...........................................
15 U.S.C. 697.
504 ...........................................
15 U.S.C. 697a.
505 ...........................................
15 U.S.C. 697b.
506 ...........................................
15 U.S.C. 697c.
507 ...........................................
15 U.S.C. 697d.
508 ...........................................
15 U.S.C. 697e.
509 ...........................................
15 U.S.C. 697f.
510 ...........................................
15 U.S.C. 697g.
Public Law 91–151 .................................
301 ...........................................
15 U.S.C. 633 note.
Disaster Relief Act of 1970 (Public Law 
91–606) ...............................................
234 ...........................................
15 U.S.C. 636b (first 
sentence).
Public Law 93–24 ...................................
9 ...............................................
15 U.S.C. 636 note.
Public Law 94–305 .................................
201 ...........................................
15 U.S.C. 634a.
202 ...........................................
15 U.S.C. 634b.
203 ...........................................
15 U.S.C. 634c.
204 ...........................................
15 U.S.C. 634d.
205 ...........................................
15 U.S.C. 634e.
206 ...........................................
15 U.S.C. 634f.
207 ...........................................
15 U.S.C. 634g.
Public Law 95–507 .................................
223 ...........................................
15 U.S.C. 637b.
224(a) ......................................
15 U.S.C. 637c.
Small Business Economic Policy Act of 
1980 (Public Law 96–302) .................
302 ...........................................
15 U.S.C. 631a.
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458 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
Former Classification 
303 ...........................................
15 U.S.C. 632b.
Public Law 96–481 .................................
301 ...........................................
15 U.S.C. 649a.
302 ...........................................
15 U.S.C. 649b.
303 ...........................................
15 U.S.C. 649c.
304 ...........................................
15 U.S.C. 649d.
Small Business and Federal Procure-
ment Competition Enhancement Act 
of 1984 (Public Law 98–577) .............
403(b) ......................................
15 U.S.C. 644 note.
404(c) ......................................
15 U.S.C. 637 note.
Public Law 99–500 .................................
101(a) [title VI, § 630], 100 
Stat. 1783, 1783–30.
15 U.S.C. 638 note.
Public Law 99–591 .................................
101(a) [title VI, § 630], 100 
Stat. 3341, 3341–30.
15 U.S.C. 638 note.
Public Law 100–71 .................................
title I, chapter I, proviso in the 
matter under the heading 
‘‘SALARIES AND EXPENSES’’ 
under the heading ‘‘SMALL 
BUSINESS ADMINISTRATION’’ 
under the heading 
‘‘RELATED AGENCIES’’ 
(101 Stat. 396).
15 U.S.C. 633 note.
Women’s Business Ownership Act of 
1988 (Public Law 100–533) ...............
401 ...........................................
15 U.S.C. 7101.
402 ...........................................
15 U.S.C. 7102.
403 ...........................................
15 U.S.C. 7103.
404 ...........................................
15 U.S.C. 7104.
405 ...........................................
15 U.S.C. 7105.
406 ...........................................
15 U.S.C. 7106.
407 ...........................................
15 U.S.C. 7107.
408 ...........................................
15 U.S.C. 7108.
409 ...........................................
15 U.S.C. 7109.
410 ...........................................
15 U.S.C. 7110.
Small Business Administration Reau-
thorization and Amendment Act of 
1988 (Public Law 100–590) ...............
133(c) ......................................
15 U.S.C. 644 note.
132 ...........................................
15 U.S.C. 637 note.
Business Opportunity Development Re-
form Act of 1988 (Public Law 100– 
656) .....................................................
2 ...............................................
15 U.S.C. 636 note.
303(f) .......................................
15 U.S.C. 637 note.
304(b) ......................................
15 U.S.C. 636 note.
401(b) ......................................
15 U.S.C. 633 note.
410 ...........................................
15 U.S.C. 636 note.
602(a) ......................................
15 U.S.C. 637 note.
711 ...........................................
15 U.S.C. 644 note.
712 ...........................................
15 U.S.C. 644 note.
713 ...........................................
15 U.S.C. 644 note.
714 ...........................................
15 U.S.C. 644 note.
715 ...........................................
15 U.S.C. 644 note.
717 ...........................................
15 U.S.C. 644 note.
718 ...........................................
15 U.S.C. 644 note.
741 ...........................................
15 U.S.C. 644 note.
711 ...........................................
15 U.S.C. 644 note.
Public Law 101–189 ...............................
834 ...........................................
15 U.S.C. 631c.
Small Business Administration Reau-
thorization and Amendments Act of 
1990 (Public Law 101–574) ...............
203 ...........................................
15 U.S.C. 637 note.
311 ...........................................
15 U.S.C. 653 note.
Women’s Business Development Act of 
1991 (Public Law 102–191) ...............
3 (second sentence) .................
15 U.S.C. 637 note.
Small Business Credit and Business Op-
portunity Enhancement Act of 1992 
(Public Law 102–366) ........................
202(h) ......................................
15 U.S.C. 644 note.
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459 
Schedule of Laws Repealed—Continued 
Act 
Section 
United States Code 
Former Classification 
221 ...........................................
15 U.S.C. 636 note.
226 ...........................................
15 U.S.C. 634 note.
Public Law 102–484 ...............................
4237 .........................................
15 U.S.C. 638 note.
Small Business Research and Develop-
ment Enhancement Act of 1992 (Pub-
lic Law 102–564) ................................
306 ...........................................
15 U.S.C. 638 note.
Small Business Guaranteed Credit En-
hancement Act of 1993 (Public Law 
103–81) ...............................................
6 ...............................................
15 U.S.C. 634 note.
Riegle Community Development and 
Regulatory Improvement Act of 1994 
(Public Law 103–325) ........................
172 ...........................................
15 U.S.C. 6901.
173 ...........................................
15 U.S.C. 6902.
174 ...........................................
15 U.S.C. 6903.
175 ...........................................
15 U.S.C. 6904.
176 ...........................................
15 U.S.C. 6905.
177 ...........................................
15 U.S.C. 6906.
178 ...........................................
15 U.S.C. 6907.
179 ...........................................
15 U.S.C. 6908.
180 ...........................................
15 U.S.C. 6909.
181 ...........................................
15 U.S.C. 6910.
Federal Acquisition Streamlining Act of 
1994 (Public Law 103–355) ...............
2353 .........................................
15 U.S.C. 644 note.
7102 .........................................
15 U.S.C. 644 note.
7104 .........................................
15 U.S.C. 644 note.
Small Business Administration Reau-
thorization and Amendments Act of 
1994 (Public Law 103–403) ...............
212(c) ......................................
15 U.S.C. 697d note.
Small Business Programs Improvement 
Act of 1996 (Public Law 104–208) ....
div. D, title I, § 103(h) ............
15 U.S.C. 634 note.
Public Law 105–85 .................................
850(e)(3) .................................
15 U.S.C. 637 note.
Small Business Reauthorization Act of 
1997 (Public Law 105–135) ...............
202(b) ......................................
15 U.S.C. 636 note.
416(b) ......................................
15 U.S.C. 637 note.
501(b)(2) .................................
15 U.S.C. 636 note.
505 ...........................................
15 U.S.C. 634 note.
507 ...........................................
15 U.S.C. 636 note.
509 ...........................................
15 U.S.C. 636 note.
704 ...........................................
15 U.S.C. 631 note.
707 ...........................................
15 U.S.C. 631 note.
709 ...........................................
15 U.S.C. 631 note.
Veterans Entrepreneurship and Small 
Business Development Act of 1999 
(Public Law 106–50) ..........................
203 ...........................................
15 U.S.C. 657b note.
301 ...........................................
15 U.S.C. 657b note.
302 ...........................................
15 U.S.C. 657b note.
603 ...........................................
15 U.S.C. 657b note.
604 ...........................................
15 U.S.C. 657b note.
Small Business Investment Company 
Amendments Act of 2001 (Public Law 
107–100) .............................................
6(d) ..........................................
15 U.S.C. 697 note.
Public Law 108–447 ...............................
div. K, title I, § 147 .................
15 U.S.C. 631c.
div. K, title I, § 152(a)(2) .......
15 U.S.C. 632 note.
div. K, title I, § 155 .................
15 U.S.C. 657g.
Public Law 109–59 .................................
10201 .......................................
15 U.S.C. 657g note.
Public Law 109–289 ...............................
div. A, title VIII, § 8018 (last 
proviso).
15 U.S.C. 637 note.
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