dreamproit/uscode huggingface dataset:
15 U.S.C. § 637c (COMMERCE AND TRADE)
§ 637c. Definitions
For purposes of this Act—
(1) the term “Administrator” means the Administrator of the Small Business Administration;
(2) the term “Federal agency” has the meaning given the term “agency” by section 551(1) of title 5, but does not include the United States Postal Service or the Government Accountability Office; and
(3) the term “Government procurement contract” means any contract for the procurement of any goods or services by any Federal agency.
(Pub. L. 95–507, title II, § 224(a), Oct. 24, 1978, 92 Stat. 1772; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, means Pub. L. 95–507, Oct. 24, 1978, 92 Stat. 1757. For complete classification of this Act to the Code, see Tables.
heading: Codification
text: Section was not enacted as part of the Small Business Act which comprises this chapter.
heading: Amendments
text: 2004—Par. (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
15 U.S.C. § 637d (COMMERCE AND TRADE)
§ 637d. Subcontracting plan reports
(1) Reporting requirements
Not later than 1 year after January 2, 2013, the Administrator of the Small Business Administration shall take such actions as are necessary to ensure that the electronic subcontracting reporting system established by the Administration to carry out the requirement of section 637(d)(6)(E) of this title is modified to ensure that it can identify entities that fail to submit required reports.
(2) Annual report
Not later than March 31 of each year, the Administrator of the Small Business Administration shall provide the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report, based on data available through existing systems, that sets forth, by agency (and to the extent practicable, by type of goal or plan), the following information:
(A) the percentage of entities required to submit reports pursuant to section 637(d)(6) of this title that filed such reports and that failed to file such reports during the prior fiscal year;
(B) the percentage of entities filing such reports that met, exceeded, or failed to meet goals set forth in their subcontracting plans during the prior fiscal year; and
(C) the aggregate value by which such entities exceeded, or failed to meet, their subcontracting goals during the prior fiscal year.
(Pub. L. 112–239, div. A, title XVI, § 1653(b), Jan. 2, 2013, 126 Stat. 2082.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Small Business Act which comprises this chapter.
15 U.S.C. § 638a (COMMERCE AND TRADE)
§ 638a. GAO study with respect to venture capital operating company, hedge fund, and private equity firm involvement
Not later than 3 years after December 31, 2011, and every 3 years thereafter, the Comptroller General of the United States shall—
(1) conduct a study of the impact of requirements relating to venture capital operating company, hedge fund, and private equity firm involvement under section 638 of this title; and
(2) submit to Congress a report regarding the study conducted under paragraph (1).
(Pub. L. 112–81, div. E, title LI, § 5142, Dec. 31, 2011, 125 Stat. 1854.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the SBIR/STTR Reauthorization Act of 2011, and also as part of the National Defense Authorization Act for Fiscal Year 2012, and not as part of the Small Business Act which comprises this chapter.
15 U.S.C. § 639a (COMMERCE AND TRADE)
§ 639a. Review of loan program; submission of estimated needs for additional authorization
It is the sense of the Congress that the regular business loan program of the Small Business Administration should be reviewed by the Congress at least once every two years. It is further the sense of the Congress that the Small Business Administration should submit its estimated needs for additional authorization for such program to the Congress at least one year in advance of the date on which such authorization is to be provided, in order to assure an orderly and recurring review of such program and to avoid emergency appeals for additional authorization. Compliance by the Small Business Administration with the foregoing policy will enable the Congress on and after July 25, 1962, to provide additional authorization for such program on a two-year basis.
(Pub. L. 87–550, § 1(b), July 25, 1962, 76 Stat. 221.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Small Business Act which comprises this chapter.
15 U.S.C. § 639b (COMMERCE AND TRADE)
§ 639b. Oversight
(a) Compliance with oversight requirements
(1) In general
Except as provided in paragraph (2), on and after December 27, 2020, the Administrator shall comply with any data or information requests or inquiries made by the Comptroller General of the United States not later than 15 days (or such later date as the Comptroller General may specify) after receiving the request or inquiry.
(2) Exception
If the Administrator is unable to comply with a request or inquiry described in paragraph (1) before the applicable date described in that paragraph, the Administrator shall, before such applicable date, submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a notification that includes a detailed justification for the inability of the Administrator to comply with the request or inquiry.
(b) Testimony
Not later than the date that is 120 days after December 27, 2020, and not less than twice each year thereafter until the date that is 2 years after December 27, 2020, the Administrator and the Secretary of the Treasury shall testify before the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding implementation of this Act and the amendments made by this Act.
(Pub. L. 116–260, div. N, title III, § 321, Dec. 27, 2020, 134 Stat. 2017.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (b), probably means title III of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 1993, known as the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. For complete classification of title III to the Code, see Short Title of 2020 Amendment note set out under section 9001 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and not as part of the Small Business Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on Dec. 27, 2020, and applicable to loans and grants made on or after Dec. 27, 2020, see section 348 of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note under section 636 of this title.
heading: Definition of “Administrator”
text: “Administrator” means the Administrator of the Small Business Administration, see section 302 of Pub. L. 116–260, set out as a note under section 9001 of this title.
15 U.S.C. § 641 (COMMERCE AND TRADE)
§ 641. Transfer to Administration of other functions, powers, and duties
The President may transfer to the Administration any functions, powers, and duties of any department or agency which relate primarily to small-business problems. In connection with any such transfer, the President may provide for appropriate transfers of records, property, necessary personnel, and unexpended balances of appropriations and other funds available to the department or agency from which the transfer is made.
(Pub. L. 85–536, § 2[12], July 18, 1958, 72 Stat. 394.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior similar provisions were contained in section 218 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, as amended by act Aug. 9, 1955, ch. 628, § 12, 69 Stat. 551, which was previously classified to section 647 of this title. The provisions of section 212 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b) of this title. See Codification note set out under section 631 of this title.
heading: Executive Documents
heading: Executive Order No. 10504
text: Ex. Ord. No. 10504, Dec. 1, 1953, 18 F.R. 7667, which provided for the transfer of functions of the Small Defense Plants Administration to the Small Business Administrator, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
heading: Executive Order No. 11871
text: Ex. Ord. No. 11871, July 18, 1975, 40 F.R. 30915, which transferred the functions of ACTION Agency relating to the Service Corps of Retired Executives and Active Corps of Executives to the Small Business Administration, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
15 U.S.C. § 642 (COMMERCE AND TRADE)
§ 642. Requirements for loans
No loan shall be made or equipment, facilities, or services furnished by the Administration under this chapter to any business enterprise unless the owners, partners, or officers of such business enterprise (1) certify to the Administration the names of any attorneys, agents, or other persons engaged by or on behalf of such business enterprise for the purpose of expediting applications made to the Administration for assistance of any sort, and the fees paid or to be paid to any such persons; (2) execute an agreement binding any such business enterprise for a period of two years after any assistance is rendered by the Administration to such business enterprise, to refrain from employing, tendering any office or employment to, or retaining for professional services, any person who, on the date such assistance or any part thereof was rendered, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee of the Administration occupying a position or engaging in activities which the Administration shall have determined involve discretion with respect to the granting of assistance under this chapter; and (3) furnish the names of lending institutions to which such business enterprise has applied for loans together with dates, amounts, terms, and proof of refusal.
(Pub. L. 85–536, § 2[13], July 18, 1958, 72 Stat. 394.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior similar provisions were contained in section 219 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 648 of this title. The provisions of section 213 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85–536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title.
15 U.S.C. § 643 (COMMERCE AND TRADE)
§ 643. Fair charge for use of Government-owned property
To the fullest extent the Administration deems practicable, it shall make a fair charge for the use of Government-owned property and make and let contracts on a basis that will result in a recovery of the direct costs incurred by the Administration.
(Pub. L. 85–536, § 2[14], July 18, 1958, 72 Stat. 395.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior similar provisions were contained in section 220 of act July 30, 1953, ch. 282, title II, 67 Stat. 240, which was previously classified to section 649 of this title. The provisions of section 214 of act July 30, 1953, formerly classified to this section, were transferred to section 2[15] of Pub. L. 85–536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title.
15 U.S.C. § 644a (COMMERCE AND TRADE)
§ 644a. Small Business Procurement Advisory Council
(a) Establishment
There is hereby established an interagency council to be known as the “Small Business Procurement Advisory Council” (hereinafter in this section referred to as the “Council”).
(b) Duties
The duties of the Council are—
(1) to develop positions on proposed procurement regulations affecting the small business community;
(2) to submit comments reflecting such positions to appropriate regulatory authorities;
(3) to conduct reviews of each Office of Small and Disadvantaged Business Utilization established under section 644(k) of this title to determine the compliance of each Office with requirements under such section;
(4) to identify best practices for maximizing small business utilization in Federal contracting that may be implemented by Federal agencies having procurement powers; and
(5) to submit, annually, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—
(A) the comments submitted under paragraph (2) during the 1-year period ending on the date on which the report is submitted, including any outcomes related to the comments;
(B) the results of reviews conducted under paragraph (3) during such 1-year period; and
(C) best practices identified under paragraph (4) during such 1-year period.
(c) Membership
The Council shall be composed of the following members:
(1) The Administrator of the Small Business Administration (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 Utilization in each Federal agency having procurement powers.
(d) Chairman
The Council shall be chaired by the Administrator of the Small Business Administration (or the designee of 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 consider comments submitted in a timely manner pursuant to subsection (b)(2).
(Pub. L. 103–355, title VII, § 7104, Oct. 13, 1994, 108 Stat. 3369; Pub. L. 112–239, div. A, title XVI, § 1692, Jan. 2, 2013, 126 Stat. 2089.)
heading: Editorial Notes
heading: Codification
text: Section was formerly set out as a note under section 644 of this title.
Section was enacted as part of the Federal Acquisition Streamlining Act of 1994, and not as part of the Small Business Act which comprises this chapter.
heading: Amendments
text: 2013—Subsec. (b)(3) to (5). Pub. L. 112–239, § 1692(a), added pars. (3) to (5).
Subsec. (c)(3). Pub. L. 112–239, § 1692(b), struck out “(established under section 644(k) of this title)” after “Utilization”.
Subsec. (d). Pub. L. 112–239, § 1692(c), inserted “(or the designee of the Administrator)” after “Small Business Administration”.
15 U.S.C. § 645a (COMMERCE AND TRADE)
§ 645a. Annual report on suspensions and debarments proposed by Small Business Administration
(a) Report requirement
The Administrator of the Small Business Administration shall submit each year to the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the suspension and debarment actions taken by the Administrator during the year preceding the year of submission of the report.
(b) Matters covered
The report required by subsection (a) shall include the following information for the year covered by the report:
(1) Number
The number of contractors proposed for suspension or debarment.
(2) Source
The office within a Federal agency that originated each proposal for suspension or debarment.
(3) Reasons
The reason for each proposal for suspension or debarment.
(4) Results
The result of each proposal for suspension or debarment, and the reason for such result.
(5) Referrals
The number of suspensions or debarments referred to the Inspector General of the Small Business Administration or another agency, or to the Attorney General (for purposes of this paragraph, the Administrator may redact identifying information on names of companies or other information in order to protect the integrity of any ongoing criminal or civil investigation).
(Pub. L. 112–239, div. A, title XVI, § 1683, Jan. 2, 2013, 126 Stat. 2086.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2013, and not as part of the Small Business Act which comprises this chapter.
15 U.S.C. § 646 (COMMERCE AND TRADE)
§ 646. Liens
Any interest held by the Administration in property, as security for a loan, shall be subordinate to any lien on such property for taxes due on the property to a State, or political subdivision thereof, in any case where such lien would, under applicable State law, be superior to such interest if such interest were held by any party other than the United States.
(Pub. L. 85–536, § 2[17], July 18, 1958, 72 Stat. 396.)
heading: Editorial Notes
heading: Prior Provisions
text: Section 217 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, was previously classified to this section. See section 640 of this title, and Codification note set out under section 631 of this title.
15 U.S.C. § 648a (COMMERCE AND TRADE)
§ 648a. Repealed. Pub. L. 102–140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826
text: Section, Pub. L. 85–536, § 2[21A], as added Pub. L. 101–515, title V, § 9(a), Nov. 5, 1990, 104 Stat. 2144, related to Small Business Development Center Technical Assistance Program.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal; Termination of Funding
text: Pub. L. 102–140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826, provided that: “Notwithstanding any other law, no funds shall be appropriated to carry out section 21A of the Small Business Act [15 U.S.C. 648a] after September 30, 1991, and such section is repealed October 1, 1992.”
15 U.S.C. § 648b (COMMERCE AND TRADE)
§ 648b. Grants for SBDCs
(a) In general
The Administrator may make grants to small business development centers under section 648 of this title to provide targeted technical assistance to small business concerns seeking access to capital or credit, Federal procurement opportunities, energy efficiency audits to reduce energy bills, opportunities to export products or provide services to foreign customers, adopting, making innovations in, and using broadband technologies, or other assistance.
(b) Allocation
(1) In general
Subject to paragraph (2), and notwithstanding the requirements of section 648(a)(4)(C)(iii) of this title, the amount appropriated to carry out this section shall be allocated under the formula under section 648(a)(4)(C)(i) of this title.
(2) Minimum funding
The amount made available under this section to each State shall be not less than $325,000.
(3) Types of uses
Of the total amount of the grants awarded by the Administrator under this section—
(A) not less than 80 percent shall be used for counseling of small business concerns; and
(B) not more than 20 percent may be used for classes or seminars.
(c) No non-Federal share required
Notwithstanding section 648(a)(4)(A) of this title, the recipient of a grant made under this section shall not be required to provide non-Federal matching funds.
(d) Distribution
Not later than 30 days after the date on which amounts are appropriated to carry out this section, the Administrator shall disburse the total amount appropriated.
(e) Authorization of appropriations
There is authorized to be appropriated to the Administrator $50,000,000 to carry out this section.
(Pub. L. 111–240, title I, § 1402, Sept. 27, 2010, 124 Stat. 2550.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Small Business Jobs Act of 2010, and not as part of the Small Business Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definitions
text: For definition of “Administrator” and “small business concern” as used in this section, see section 1001 of Pub. L. 111–240, set out as a note under section 632 of this title.
15 U.S.C. § 648c (COMMERCE AND TRADE)
§ 648c. SBA and USPTO partnerships
(a) In general
Beginning not later than 180 days after October 9, 2018, the Administrator, in consultation with the Director, shall develop partnership agreements that—
(1) provide for the—
(A) development of high-quality training, including in-person or modular training sessions, for small business concerns relating to domestic and international protection of intellectual property;
(B) leveraging of training materials already developed for the education of inventors and small business concerns; and
(C) participation of a nongovernmental organization; and
(2) provide training—
(A) through electronic resources, including Internet-based webinars; and
(B) at physical locations, including—
(i) a small business development center; and
(ii) the headquarters or a regional office of the USPTO.
(Pub. L. 115–259, § 4, Oct. 9, 2018, 132 Stat. 3664.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Small Business Innovation Protection Act of 2017, and not as part of the Small Business Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Findings
text: Pub. L. 115–259, § 3, Oct. 9, 2018, 132 Stat. 3664, provided that:
“Congress finds that—
“(1) the USPTO and the SBA are positioned to—
“(A) build upon several successful intellectual property and training programs aimed at small business concerns; and
“(B) increase the availability of and the participation in the programs described in subparagraph (A) across the United States; and
“(2) any education and training program administered by the USPTO and the SBA should be scalable so that the program is able to reach more small business concerns.”
heading: Definitions
text: Pub. L. 115–259, § 2, Oct. 9, 2018, 132 Stat. 3664, provided that:
“In this Act [see Short Title of 2018 Amendment note set out under section 631 of this title]—
“(1) the term ‘Administrator’ means the Administrator of the SBA;
“(2) the term ‘Director’ means the Under Secretary of Commerce for Intellectual Property and Director of the USPTO;
“(3) the term ‘SBA’ means the Small Business Administration;
“(4) the term ‘small business concern’ has the meaning given the term in section 3(a) of the Small Business Act (15 U.S.C. 632(a));
“(5) the term ‘small business development center’ means a center described in section 21 of the Small Business Act (15 U.S.C. 648); and
“(6) the term ‘USPTO’ means the United States Patent and Trademark Office.”
15 U.S.C. § 649a (COMMERCE AND TRADE)
§ 649a. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 96–481, title III, § 301(a)–(d), Oct. 21, 1980, 94 Stat. 2330, which related to establishment, staffing, functions, evaluation, and reporting requirements of export promotion centers, terminated Oct. 1, 1983.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Pub. L. 96–481, title III, § 301(e), Oct. 21, 1980, 94 Stat. 2331, provided that: “This section shall take effect on October 1, 1980, or on the date of the enactment of this section [Oct. 21, 1980] whichever occurs later and shall expire on October 1, 1983.”
15 U.S.C. § 649c (COMMERCE AND TRADE)
§ 649c. Authorization of appropriations
At least one small business international program shall be established within each region of the Department of Commerce. There are authorized to be appropriated to the Secretary $1,500,000 for each fiscal year 1981, 1982, and 1983, to carry out the program established in section 649b of this title.
(Pub. L. 96–481, title III, § 303, Oct. 21, 1980, 94 Stat. 2332.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of the Small Business Act which comprises this chapter.