Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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# 15 U.S.C. § 631a - Congressional declaration of small business economic policy
## Text
(a) Foster small business For the purpose of preserving and promoting a competitive free enterprise economic system, Congress hereby declares that it is the continuing policy and responsibility of the Federal Government to use all practical means and to take such actions as are necessary, consistent with its needs and obligations and other essential considerations of national policy, to implement and coordinate all Federal department, agency, and instrumentality policies, programs, and activities in order to: foster the economic interests of small businesses; insure a competitive economic climate conducive to the development, growth and expansion of small businesses; establish incentives to assure that adequate capital and other resources at competitive prices are available to small businesses; reduce the concentration of economic resources and expand competition; and provide an opportunity for entrepreneurship, inventiveness, and the creation and growth of small businesses.
(b) Capital availability to small business Congress further declares that the Federal Government is committed to a policy of utilizing all reasonable means, consistent with the overall economic policy goals of the Nation and the preservation of the competitive free enterprise system of the Nation, to establish private sector incentives that will help assure that adequate capital at competitive prices is available to small businesses. To fulfill this policy, departments, agencies, and instrumentalities of the Federal Government shall use all reasonable means to coordinate, create, and sustain policies and programs which promote investment in small businesses, including those investments which expand employment opportunities and which foster the effective and efficient use of human and natural resources in the economy of the Nation.
(Pub. L. 96302, title III, § 302, July 2, 1980, 94 Stat. 848.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Small Business Economic Policy Act of 1980, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1980, see section 507 of Pub. L. 96302, set out as an Effective Date of 1980 Amendment note under section 631 of this title.
Short TitleFor short title of title III of Pub. L. 96302, as the Small Business Economic Policy Act of 1980, see Short Title of 1980 Amendments note set out under section 631 of this title.
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# 15 U.S.C. § 631b - Reports to Congress; state of small business
## Text
(a) Report on Small Business and Competition The President shall transmit to the Congress not later than January 20 of each year a Report on Small Business and Competition which shall—
(1) examine the current role of small business in the economy on an industry-by-industry basis;
(2) present current and historical data on production, employment, 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 practicable, specific statistics divided as to urban, suburban, and rural areas;
(3) identify economic trends which will or may affect the small business sector and the state of competition;
(4) examine the effects on small business and competition of policies, programs, and activities, including, but not limited to the Internal Revenue Code [26 U.S.C. 1 et seq.], the Employee Retirement Income Security Act [29 U.S.C. 1001 et seq.], the Securities Act of 1933 [15 U.S.C. 77a et seq.], and the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], and regulations promulgated thereunder; identify problems generated by such policies, programs, and activities; and recommend legislative and administrative solutions to such problems; and
(5) recommend a program for carrying out the policy declared in section 631a of this title, together with such recommendations for legislation as he may deem necessary or desirable.
(b) Appendix to report The President also shall transmit simultaneously as an appendix to such annual report, a report, by agency and department, on the total dollar value of all Federal contracts exceeding $10,000 in amount and the dollar amount (including the subcontracts thereunder in excess of $10,000) awarded to small, minority-owned, female-owned, and veteran-owned businesses.
(c) Supplementary reports The President may transmit from time to time to the Congress reports supplementary to the Report on Small Business and Competition, each of which shall include such supplementary or revised recommendations as he may deem necessary or desirable to achieve the policy declared in section 631a of this title.
(d) Referral to Congressional committees The Report on Small Business and Competition and all supplementary reports transmitted under subsections (b) and (c) of this section shall, when transmitted to Congress, be referred to the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives.
(e) Small business concerns owned by disadvantaged individuals and by women 11 See 1988 Amendment note below. The information and data required to be reported pursuant to subsection (a) shall separately detail those portions of such information and data that are relevant to—
(1) small business concerns owned and controlled by socially and economically disadvantaged individuals, by gender, as defined pursuant to section 637(d) of this title;
(2) small business concerns owned and controlled by women; and
(3) 22 So in original. Two pars. (3) have been enacted. qualified HUBZone small business concern (as defined in section 632(p) 33 See References in Text note below. of this title).
(3) 2 small business concerns owned and controlled by veterans, as defined in section 632(q) of this title, and small business concerns owned and controlled by service-disabled veterans, as defined in such section 632(q) of this title.
(Pub. L. 96302, title III, § 303, July 2, 1980, 94 Stat. 848; Pub. L. 100533, title V, § 503, Oct. 25, 1988, 102 Stat. 2697; Pub. L. 100590, title I, § 124, Nov. 3, 1988, 102 Stat. 3000; Pub. L. 101574, title III, § 305, Nov. 15, 1990, 104 Stat. 2829; Pub. L. 105135, title VI, § 604(c), title VII, § 705, Dec. 2, 1997, 111 Stat. 2633, 2637; Pub. L. 10650, title VI, § 602, Aug. 17, 1999, 113 Stat. 248.)
## Notes
Editorial Notes
References in TextThe Internal Revenue Code, referred to in subsec. (a)(4), is classified to Title 26, Internal Revenue Code. The Employee Retirement Income Security Act, referred to in subsec. (a)(4), is Pub. L. 93406, Sept. 2, 1974, 88 Stat. 829, which is classified principally to chapter 18 (§ 1001 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. The Securities Act of 1933, referred to in subsec. (a)(4), is act May 27, 1933, ch. 38, title I, 48 Stat. 74, which is classified generally to subchapter I (§ 77a et seq.) of chapter 2A of this title. For complete classification of this Act to the Code, see section 77a of this title and Tables. The Securities Exchange Act of 1934, referred to in subsec. (a)(4), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. Section 632(p) of this title, referred to in subsec. (e)(3), was redesignated section 657a(b) of this title by Pub. L. 11591, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795.
Codification Section was enacted as part of the Small Business Economic Policy Act of 1980, and not as part of the Small Business Act which comprises this chapter.
Amendments1999—Subsec. (e)(1). Pub. L. 10650, § 602(1), which directed amendment of par. (1) by striking “and” after the semicolon, could not be executed because the word “and” did not appear after the semicolon. Subsec. (e)(2). Pub. L. 10650, § 602(2), which directed amendment of par. (2) by substituting “; and” for the period, could not be executed because par. (2) did not contain a period. Subsec. (e)(3). Pub. L. 10650, § 602(3), added par. (3) relating to small business concerns owned and controlled by veterans. 1997—Subsec. (b). Pub. L. 105135, § 705, substituted “, female-owned, and veteran-owned businesses” for “and female-owned businesses”. Subsec. (e)(3). Pub. L. 105135, § 604(c), added par. (3). 1990—Subsec. (a)(2). Pub. L. 101574 added par. (2) and struck out former par. (2) which read as follows: “present current and historical data on production, employment, investment, and other economic variables for small business in the economy as a whole and for small business in each sector of the economy;”. 1988—Subsec. (e). Pub. L. 100533 and Pub. L. 100590 added subsecs. (e) which were identical, except that the subsec. (e) added by Pub. L. 100533, which is set out as text of this section, contained the phrase “, by gender,” in par. (1).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. Previously, Select Committee on Small Business of Senate became Committee on Small Business of Senate. See Senate Resolution No. 101, Ninety-Seventh Congress, Mar. 25, 1981.
Effective Date of 1997 AmendmentAmendment by Pub. L. 105135 effective Oct. 1, 1997, see section 3 of Pub. L. 105135, set out as a note under section 631 of this title.
Effective DateSection effective Oct. 1, 1980, see section 507 of Pub. L. 96302, set out as an Effective Date of 1980 Amendment note under section 631 of this title.
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of reporting provisions in subsecs. (a) and (b) of this section, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and pages 17 and 34 of House Document No. 1037.
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# 15 U.S.C. § 631c - Small Business Manufacturing Task Force
## Text
(a) Establishment The Administrator of the Small Business Administration (referred to in this subtitle 11 See References in Text note below. as the “Administrator”) shall establish a Small Business 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 sufficient to serve the needs of small manufacturers;
(2) actively promote the programs and services of the Small Business Administration that serve small manufacturers; and
(3) identify and study the unique conditions facing small manufacturers 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 per 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 Each member of the Task Force shall serve without compensation in addition to that received for services rendered as an officer or employee of the United States.
(2) Detail of SBA employees Any employee of the Small Business Administration may be detailed to the Task Force without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(f) Report Not later than 1 year after December 8, 2004, and annually thereafter, the Task Force shall 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 Representatives.
(Pub. L. 108447, div. K, title I, § 147, Dec. 8, 2004, 118 Stat. 3455.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in subsec. (a), is subtitle D (§§ 141147) of title I of div. K of Pub. L. 108447, Dec. 8, 2004, 118 Stat. 3453, which enacted this section, amended sections 637, 648, 657b, and 657c of this title, enacted provisions set out as note under section 637 of this title, and amended provisions set out as a note under section 657b of this title. For complete classification of subtitle D to the Code, see Tables.
Codification Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 633a - Detailed justification for proposed changes in budget requests
## Text
Beginning in fiscal year 2013 and each fiscal year thereafter, the budget request for the Small Business Administration shall provide a detailed justification of any proposed changes from the enacted level by individual appropriation. The detailed justification shall include at a minimum a description of each credit and non-credit program including amount of funding and costs by appropriation account and fiscal year. For activities funded in multiple appropriations, the budget justification shall specify the amount included in each enacted appropriation, the amount proposed in the budget year and a justification for any proposed changes.
(Pub. L. 11274, div. C, title V, § 532, Dec. 23, 2011, 125 Stat. 923.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Financial Services and General Government Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 634a - Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy
## Text
There is established within the Small Business Administration an Office of Advocacy. The management of the Office shall be vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.
(Pub. L. 94305, title II, § 201, June 4, 1976, 90 Stat. 668.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 634b - Primary functions of Office of Advocacy
## Text
The primary functions of the Office of Advocacy shall be to—
(1) examine the role of small business in the American economy and the contribution which small business can make in improving competition, encouraging economic and social mobility for all citizens, restraining inflation, spurring production, expanding employment opportunities, increasing productivity, promoting exports, stimulating innovation and entrepreneurship, and providing an avenue through which new and untested products and services can be brought to the marketplace;
(2) assess the effectiveness of existing Federal subsidy and assistance programs for small business and the desirability of reducing the emphasis on such existing programs and increasing the emphasis on general assistance programs designed to benefit all small businesses;
(3) measure the direct costs and other effects of government regulation on small businesses; and make legislative and nonlegislative proposals for eliminating excessive or unnecessary regulations of small businesses;
(4) determine the impact of the tax structure on small businesses and make legislative and other proposals for altering the tax structure to enable all small businesses to realize their potential for contributing to the improvement of the Nations economic well-being;
(5) study the ability of financial markets and institutions to meet small business credit needs and determine the impact of government demands for credit on small businesses;
(6) determine financial resource availability and to recommend methods for delivery of financial assistance to minority enterprises, including methods for securing equity capital, for generating markets for goods and services, for providing effective business education, more effective management and technical assistance, and training, and for assistance in complying with Federal, State, and local law;
(7) evaluate the efforts of Federal agencies, business and industry to assist minority enterprises;
(8) make such other recommendations as may be appropriate to assist the development and strengthening of minority and other small business enterprises;
(9) recommend specific measures for creating an environment in which all businesses will have the opportunity to complete 11 So in original. Probably should be “compete”. effectively and expand to their full potential, and to ascertain the common reasons, if any, for small business successes and failures;
(10) determine the desirability of developing a set of rational, objective criteria to be used to define small business, and to develop such criteria, if appropriate;
(11) advise, cooperate with, and consult with, the Chairman of the Administrative Conference of the United States with respect to section 504(e) of title 5; and
(12) evaluate the efforts of each department and agency of the United States, and of private industry, to assist small business concerns owned and controlled by veterans, as defined in section 632(q) of this title, and small business concerns owned and controlled by serviced-disabled 22 So in original. veterans, as defined in such section 632(q) of this title, and to provide statistical information on the utilization of such programs by such small business concerns, and to make appropriate recommendations to the Administrator of the Small Business Administration and to the Congress in order to promote the establishment and growth of those small business concerns.
(Pub. L. 94305, title II, § 202, June 4, 1976, 90 Stat. 668; Pub. L. 96481, title II, § 203(b), Oct. 21, 1980, 94 Stat. 2327; Pub. L. 10650, title VII, § 702, Aug. 17, 1999, 113 Stat. 250.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
Amendments1999—Par. (12). Pub. L. 10650 added par. (12). 1980—Par. (11). Pub. L. 96481 added par. (11).
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96481 effective Oct. 1, 1981, and applicable to adversary adjudication as defined in section 504(b)(1)(C) of Title 5, Government Organization and Employees, and to civil actions and adversary adjudications described in section 2412 of Title 28, Judiciary and Judicial Procedure, which are pending on, or commenced on or after Oct. 1, 1981, see section 208 of Pub. L. 96481, set out as an Effective Date note under section 504 of Title 5, Government Organization and Employees.
Termination of Administrative Conference of United States For termination of Administrative Conference of United States, see provision of title IV of Pub. L. 10452, set out as a note preceding section 591 of Title 5, Government Organization and Employees.
Advocacy Study of Paperwork and Tax ImpactPub. L. 103403, title VI, § 613, Oct. 22, 1994, 108 Stat. 4205, directed Chief Counsel for Advocacy of the Small Business Administration to conduct a study of the impact of all Federal regulatory, paperwork, and tax requirements upon small business, and report its findings to Congress not later than 1 year after Oct. 22, 1994.
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# 15 U.S.C. § 634c - Additional duties of Office of Advocacy
## Text
(a) In general The Office of Advocacy shall also perform the following duties on a continuing basis:
(1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other Federal agency which affects small businesses;
(2) counsel small businesses on how to resolve questions and problems concerning the relationship of the small business to the Federal Government;
(3) develop proposals for changes in the policies and activities of any agency of the Federal Government which will better fulfill the purposes of the Small Business Act and communicate such proposals to the appropriate Federal agencies;
(4) represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small business;
(5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government which are of benefit to small businesses, and information on how small businesses can participate in or make use of such programs and services; and
(6) carry out the responsibilities of the Office of Advocacy under chapter 6 of title 5.
(b) Outreach and input from small businesses on trade promotion authority (1) Definitions In this subsection—
(A) the term “agency” has the meaning given the term in section 551 of title 5;
(B) the term “Chief Counsel for Advocacy” means the Chief Counsel for Advocacy of the Small Business Administration;
(C) the term “covered trade agreement” means a trade agreement being negotiated pursuant to section 4202(b) of title 19; and
(D) the term “Working Group” means the Interagency Working Group convened under paragraph (2)(A).
(2) Working group (A) In general Not later than 30 days after the date on which the President submits the notification required under section 4204(a) of title 19, the Chief Counsel for Advocacy shall convene an Interagency Working Group, which shall consist of an employee from each of the following agencies, as selected by the head of the agency or an official delegated by the head of the agency:
(i) The Office of the United States Trade Representative.
(ii) The Department of Commerce.
(iii) The Department of Agriculture.
(iv) Any other agency that the Chief Counsel for Advocacy, in consultation with the United States Trade Representative, determines to be relevant with respect to the subject of the covered trade agreement.
(B) Views of small businesses Not later than 30 days after the date on which the Chief Counsel for Advocacy convenes the Working Group under subparagraph (A), the Chief Counsel for Advocacy shall identify a diverse group of small businesses, representatives of small businesses, or a combination thereof, to provide to the Working Group the views of small businesses in the manufacturing, services, and agriculture industries on the potential economic effects of the covered trade agreement.
(3) Report (A) In general Not later than 180 days after the date on which the Chief Counsel for Advocacy convenes the Working Group under paragraph (2)(A), the Chief Counsel for Advocacy shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Finance of the Senate and the Committee on Small Business and the Committee on Ways and Means of the House of Representatives a report on the economic impacts of the covered trade agreement on small businesses, which shall—
(i) identify the most important priorities, opportunities, and challenges to various industries from the covered trade agreement;
(ii) assess the impact for new small businesses to start exporting, or increase their exports, to markets in countries that are parties to the covered trade agreement;
(iii) analyze the competitive position of industries likely to be significantly affected by the covered trade agreement;
(iv) identify—
(I) any State-owned enterprises in each country participating in negotiations for the covered trade agreement that could pose a threat to small businesses; and
(II) any steps to take to create a level playing field for those small businesses;
(v) identify any rule of an agency that should be modified to become compliant with the covered trade agreement; and
(vi) include an overview of the methodology used to develop the report, including the number of small business participants by industry, how those small businesses were selected, and any other factors that the Chief Counsel for Advocacy may determine appropriate.
(B) Delayed submission To ensure that negotiations for the covered trade agreement are not disrupted, the President may require that the Chief Counsel for Advocacy delay submission of the report under subparagraph (A) until after the negotiations for the covered trade agreement are concluded, provided that the delay allows the Chief Counsel for Advocacy to submit the report to Congress not later than 45 days before the Senate or the House of Representatives acts to approve or disapprove the covered trade agreement.
(C) Avoidance of duplication The Chief Counsel for Advocacy shall, to the extent practicable, coordinate the submission of the report under this paragraph with the United States International Trade Commission, the United States Trade Representative, other agencies, and trade advisory committees to avoid unnecessary duplication of reporting requirements.
(Pub. L. 94305, title II, § 203, June 4, 1976, 90 Stat. 669; Pub. L. 111240, title I, § 1602(a), Sept. 27, 2010, 124 Stat. 2551; Pub. L. 114125, title V, § 502, Feb. 24, 2016, 130 Stat. 172.)
## Notes
Editorial Notes
References in TextThe Small Business Act, referred to in subsec. (a)(3), is Pub. L. 85536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 631 of this title and Tables.
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
Amendments2016—Pub. L. 114125 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2010—Par. (6). Pub. L. 111240 added par. (6).
Executive Documents
Delegation of Authority Under 15 U.S.C. 634c(b)(3)(B) Memorandum of President of the United States, Oct. 9, 2020, 85 F.R. 65631, provided: Memorandum for the United States Trade Representative By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the United States Trade Representative the authority vested in the President by section 634c(b)(3)(B) of title 15, United States Code. You are authorized and directed to publish this memorandum in the Federal Register. Donald J. Trump.
@@ -0,0 +1,59 @@
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# 15 U.S.C. § 634d - Staff and powers of Office of Advocacy
## Text
In carrying out the provisions of sections 634a to 634g of this title, the Chief Counsel for Advocacy may—
(1) employ and fix the compensation of such additional staff personnel as is deemed necessary, without regard to the provisions of title 5, governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates but at rates not in excess of the lowest rate for GS15 of the General Schedule: Provided, however, That not more than 14 staff personnel at any one time may be employed and compensated at a rate not in excess of GS15, step 10, of the General Schedule;
(2) procure temporary and intermittent services to the same extent as is authorized by section 3109 of title 5;
(3) consult with experts and authorities in the fields of small business investment, venture capital, investment and commercial banking and other comparable financial institutions involved in the financing of business, and with individuals with regulatory, legal, economic, or financial expertise, including members of the academic community, and individuals who generally represent the public interest;
(4) utilize the services of the National Advisory Council established pursuant to the provisions of section 637(b)(13) of this title and in accordance with the provisions of such statute, also appoint such other advisory boards or committees as is reasonably appropriate and necessary to carry out the provisions of sections 634a to 634g of this title; and
(5) hold hearings and sit and act at such times and places as he may deem advisable.
(Pub. L. 94305, title II, § 204, June 4, 1976, 90 Stat. 669; Pub. L. 96302, title IV, § 402, July 2, 1980, 94 Stat. 850; Pub. L. 103403, title VI, §§ 605(b), 610, Oct. 22, 1994, 108 Stat. 4203, 4204.)
## Notes
Editorial Notes
References in TextThe General Schedule, referred to in par. (1), is set out under section 5332 of Title 5.
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
Amendments1994—Pub. L. 103403, §§ 605(b), 610(1), in introductory provisions substituted “provisions of sections 634a to 634g of this title, the Chief” for “provisions of section 634b of this title, after consultation with and subject to the approval of the Administrator, the Chief”. Par. (1). Pub. L. 103403, § 610(2), substituted “14” for “ten” before “staff personnel”. 1980—Par. (1). Pub. L. 96302 authorized employment at any one time of ten staff personnel at rate of compensation not in excess of GS15, step 10, of the General Schedule.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 AmendmentAmendment by Pub. L. 96302 effective Oct. 1, 1980, see section 507 of Pub. L. 96302, set out as a note under section 631 of this title.
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# 15 U.S.C. § 634e - Assistance of Government agencies
## Text
Each department, agency, and instrumentality of the Federal Government is authorized and directed to furnish to the Chief Counsel for Advocacy such reports and other information as he deems necessary to carry out his functions under sections 634a to 634g of this title.
(Pub. L. 94305, title II, § 205, June 4, 1976, 90 Stat. 670.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 634f - Reports
## Text
The Chief Counsel may from time to time prepare and publish such reports as he deems appropriate. Not later than one year after June 4, 1976, he shall transmit to the Congress, the President and the Administration, a full report containing his findings and specific recommendations with respect to each of the functions referred to in section 634b of this title, including specific legislative proposals and recommendations for administration or other action. Not later than 6 months after June 4, 1976, he shall prepare and transmit a preliminary report on his activities. The reports shall not be submitted to the Office of Management and Budget or to any other Federal agency or executive department for any purpose prior to transmittal to the Congress and the President.
(Pub. L. 94305, title II, § 206, June 4, 1976, 90 Stat. 670.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 634g - Budgetary line item and authorization of appropriations
## Text
(a) Appropriation requests Each budget of the United States Government submitted by the President under section 1105 of title 31 shall include a separate statement of the amount of appropriations requested for the Office of Advocacy of the Small Business Administration, which shall be designated in a separate account in the General Fund of the Treasury.
(b) Administrative operations The Administrator of the Small Business Administration shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations, together with such equipment, operating budget, and communications facilities and services as may be necessary, and shall provide necessary maintenance services for such offices and the equipment and facilities located in such offices.
(c) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out sections 634a to 634g of this title. Any amount appropriated under this subsection shall remain available, without fiscal year limitation, until expended.
(Pub. L. 94305, title II, § 207, as added Pub. L. 111240, title I, § 1602(b), Sept. 27, 2010, 124 Stat. 2551.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
Prior ProvisionsA prior section 634g, Pub. L. 94305, title II, § 207, June 4, 1976, 90 Stat. 671, related to authorization of appropriations, prior to repeal by Pub. L. 111240, title I, § 1602(b), Sept. 27, 2010, 124 Stat. 2551.
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# 15 U.S.C. § 635 - Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employees compensation funds
## Text
(a) All moneys of the Administration not otherwise employed may be deposited with the Treasury of the United States subject to check by authority of the Administration. The Federal Reserve banks are authorized and directed to act as depositaries, custodians, and fiscal agents for the Administration in the general performance of its powers conferred by this chapter. Any banks insured by the Federal Deposit Insurance Corporation, when designated by the Secretary of the Treasury, shall act as custodians and financial agents for the Administration. Each Federal Reserve bank, when designated by the Administrator as fiscal agent for the Administration, shall be entitled to be reimbursed for all expenses incurred as such fiscal agent.
(b) The Administrator shall contribute to the employees compensation fund, on the basis of annual billings as determined by the Secretary of Labor, for the benefit payments made from such fund on account of employees engaged in carrying out functions financed by the revolving fund established by section 633(c) of this title. The annual billings shall also include a statement of the fair portion of the cost of the administration of such fund, which shall be paid by the Administrator into the Treasury as miscellaneous receipts.
(Pub. L. 85536, § 2[6], July 18, 1958, 72 Stat. 387.)
## Notes
Editorial Notes
Prior ProvisionsPrior similar provisions were contained in section 206 of act July 30, 1953, ch. 282, title II, 67 Stat. 235, which was previously classified to this section. See Codification note set out under section 631 of this title.
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# 15 U.S.C. § 636a - Repealed. Pub. L. 9735, title XIX, § 1917, Aug. 13, 1981, 95 Stat. 781
## Notes
Section, Pub. L. 91606, title II, § 231, Dec. 31, 1970, 84 Stat. 1752; Pub. L. 92385, § 6, Aug. 16, 1972, 86 Stat. 559, related to small business disaster loans.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Aug. 13, 1981, but not to affect any financing made, obligated, or committed under this chapter or chapter 14B of this title prior to Aug. 13, 1981, see section 1918 of Pub. L. 9735, set out as an Effective Date of 1981 Amendment note under section 631 of this title.
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# 15 U.S.C. § 636b - Disaster loan interest rates
## Text
Any loan made under section 636a 11 See References in Text note below. of this title and section 4452 1 of title 42 shall not exceed the current cost of repairing or replacing the disaster injury, loss, or damage in conformity with current codes and specifications. Any loan made under sections 636a 1 and 636d of this title, and sections 3538 and 4452 1 of title 42 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 ten to twelve years reduced by not to exceed 2 per centum per annum. In no event shall any loan made under this section bear interest at a rate in excess of 6 per centum per annum.
(Pub. L. 91606, title II, § 234, Dec. 31, 1970, 84 Stat. 1754.)
## Notes
Editorial Notes
References in TextSection 636a of this title, referred to in text, was repealed by Pub. L. 9735, title XIX, § 1917, Aug. 13, 1981, 95 Stat. 781. Section 4452 of title 42, referred to in text, was repealed by Pub. L. 9324, § 7, Apr. 20, 1973, 87 Stat. 25.
Codification Section was enacted as part of the Disaster Relief Act of 1970, and not as part of the Small Business Act which comprises this chapter. Section was formerly classified to section 4453 of Title 42, The Public Health and Welfare.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 31, 1970, see section 304 of Pub. L. 91606, set out as an Effective Date of 1970 Amendment note under section 165 of Title 26, Internal Revenue Code.
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# 15 U.S.C. § 636c - Age of applicant for disaster loans
## Text
In the administration of any Federal disaster loan program under the authority of section 636a 11 See References in Text note below. of this title, section 4452 1 of title 42, or section 233 of Public Law 91606, the age of any adult loan applicant shall not be considered in determining whether such loan should be made or the amount of such loan.
(Pub. L. 91606, title II, § 235, Dec. 31, 1970, 84 Stat. 1754.)
## Notes
Editorial Notes
References in TextSection 636a of this title, referred to in text, was repealed by Pub. L. 9735, title XIX, § 1917, Aug. 13, 1981, 95 Stat. 781. Section 4452 of title 42, referred to in text, was repealed by Pub. L. 9324, § 7, Apr. 20, 1973, 87 Stat. 25. Section 233 of Public Law 91606, referred to in text, amended section 1820(a)(2), (f) [now 3720(a)(2), (f)] of Title 38, Veterans Benefits.
Codification Section was enacted as part of the Disaster Relief Act of 1970, and not as part of the Small Business Act which comprises this chapter. Section was formerly classified to section 4454 of Title 42, The Public Health and Welfare.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Dec. 31, 1970, see section 304 of Pub. L. 91606, set out as an Effective Date of 1970 Amendment note under section 165 of Title 26, Internal Revenue Code.
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# 15 U.S.C. § 636d - Disaster aid to major sources of employment
## Text
(a) Loans to disaster areas The Small Business Administration in the case of a nonagricultural enterprise, and the Farmers Home Administration in the case of an agricultural enterprise, are authorized to provide any industrial, commercial, agricultural, or other enterprise, which has constituted a major source of employment in an area suffering a major disaster and which is no longer in substantial operation as a result of such disaster, a loan in such amount as may be necessary to enable such enterprise to resume operations in order to assist in restoring the economic viability of the disaster area. Loans authorized by this section shall be made without regard to limitations on the size of loans which may otherwise be imposed by any other provision of law or regulations promulgated pursuant thereto.
(b) Interest; deferred payments Assistance under this section shall be in addition to any other Federal disaster assistance, except that such other assistance may be adjusted or modified to the extent deemed appropriate by the Director under the authority of section 4418 11 See References in Text note below. of title 42. Any loan made under this section shall be subject to the interest requirements of section 636b of this title, but the President, if he deems it necessary, may defer payments of principal and interest for a period not to exceed three years after the date of the loan. Any such deferred payments shall bear interest at the rate determined under section 636b of this title.
(Pub. L. 91606, title II, § 237, Dec. 31, 1970, 84 Stat. 1754.)
## Notes
Editorial Notes
References in TextSection 4418 of title 42, referred to in subsec. (b), was repealed by Pub. L. 93288, title VI, § 603, May 22, 1974, 88 Stat. 164. Provisions similar to former section 4418 of Title 42, The Public Health and Welfare, are contained in section 5155 of Title 42.
Codification Section was enacted as part of the Disaster Relief Act of 1970, and not as part of the Small Business Act which comprises this chapter. Section was formerly classified to section 4456 of Title 42, The Public Health and Welfare.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Aug. 1, 1969, see section 304 of Pub. L. 91606, set out as an Effective Date of 1970 Amendment note under section 165 of Title 26, Internal Revenue Code.
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# 15 U.S.C. § 636e - Definitions
## Text
In this subtitle— 11 See References in Text note below.
(1) the terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively;
(2) the term “disaster area” means an area affected by a natural or other disaster, as determined for purposes of paragraph (1) or (2) of section 636(b) of this title, during the period of such declaration;
(3) the term “disaster loan program of the Administration” means assistance under section 636(b) of this title, as amended by this Act;
(4) the term “disaster update period” means the period beginning on the date on which the President declares a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title, as added by this Act) and ending on the date on which such declaration terminates;
(5) the term “major disaster” has the meaning given that term in section 5122 of title 42;
(6) the term “small business concern” has the meaning given that term under section 632 of this title; and
(7) the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any territory or possession of the United States.
(Pub. L. 110234, title XII, § 12052, May 22, 2008, 122 Stat. 1406; Pub. L. 110246, § 4(a), title XII, § 12052, June 18, 2008, 122 Stat. 1664, 2168.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in text, is subtitle B (§§ 1205112091) of title XII of Pub. L. 110246, which enacted this section and sections 636f to 636k and 657i to 657o of this title, amended sections 632, 633, and 636 of this title, enacted provisions set out as notes under sections 631 and 636 of this title, and amended provisions set out as a note under section 631 of this title. For complete classification of subtitle B to the Code, see Short Title of 2008 Amendment note under section 631 of this title and Tables. Section 636(b) of this title, as amended by this Act, referred to in par. (3), is section 636(b) of this title, as amended by Pub. L. 110246. Paragraph (9) of section 636(b) of this title, as added by this Act, referred to in par. (4), is section 636(b)(9) of this title, as added by Pub. L. 110246.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 636f - Coordination of efforts between the Administrator and the Internal Revenue Service to expedite loan processing
## Text
The Administrator and the Commissioner of Internal Revenue shall, to the maximum extent practicable, ensure that all relevant and allowable tax records for loan approval are shared with loan processors in an expedited manner, upon request by the Administrator.
(Pub. L. 110234, title XII, § 12066(b), May 22, 2008, 122 Stat. 1410; Pub. L. 110246, § 4(a), title XII, § 12066(b), June 18, 2008, 122 Stat. 1664, 2172.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 636g - Development and implementation of major disaster response plan
## Text
(a) In general Not later than 3 months after the date of enactment of this Act, the Administrator shall—
(1) by rule, amend the 2006 Atlantic hurricane season disaster response plan of the Administration (in this section referred to as the “disaster response plan”) to apply to major disasters; and
(2) submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives detailing the amendments to the disaster response plan.
(b) Contents The report required under subsection (a)(2) shall include—
(1) any updates or modifications made to the disaster response plan since the report regarding the disaster response plan submitted to Congress on July 14, 2006;
(2) a description of how the Administrator plans to use and integrate District Office personnel of the Administration in the response to a major disaster, including information on the use of personnel for loan processing and loan disbursement;
(3) a description of the disaster scalability model of the Administration and on what basis or function the plan is scaled;
(4) a description of how the agency-wide Disaster Oversight Council is structured, which offices comprise its membership, and whether the Associate Deputy Administrator for Entrepreneurial Development of the Administration is a member;
(5) a description of how the Administrator plans to coordinate the disaster efforts of the Administration with State and local government officials, including recommendations on how to better incorporate State initiatives or programs, such as State-administered bridge loan programs, into the disaster response of the Administration;
(6) recommendations, if any, on how the Administration can better coordinate its disaster response operations with the operations of other Federal, State, and local entities;
(7) any surge plan for the disaster loan program of the Administration in effect on or after August 29, 2005 (including surge plans for loss verification, loan processing, mailroom, customer service or call center operations, and a continuity of operations plan);
(8) the number of full-time equivalent employees and job descriptions for the planning and disaster response staff of the Administration;
(9) the in-service and preservice training procedures for disaster response staff of the Administration;
(10) information on the logistical support plans of the Administration (including equipment and staffing needs, and detailed information on how such plans will be scalable depending on the size and scope of the major disaster 11 So in original. Probably should be followed by a closing parenthesis.;
(11) a description of the findings and recommendations of the Administrator, if any, based on a review of the response of the Administration to Hurricane Katrina of 2005, Hurricane Rita of 2005, and Hurricane Wilma of 2005; and
(12) a plan for how the Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, will coordinate the provision of accommodations and necessary resources for disaster assistance personnel to effectively perform their responsibilities in the aftermath of a major disaster.
(c) Biennial disaster simulation exercise (1) Exercise required The Administrator shall conduct a disaster simulation exercise at least once every 2 fiscal years. The exercise shall include the participation of, at a minimum, not less than 50 percent of the individuals in the disaster reserve corps and shall test, at maximum capacity, all of the information technology and telecommunications systems of the Administration that are vital to the activities of the Administration during such a disaster.
(2) Report The Administrator shall include a report on the disaster simulation exercises conducted under paragraph (1) each time the Administration submits a report required under section 657o of this title, as added by this Act.
(Pub. L. 110234, title XII, § 12072, May 22, 2008, 122 Stat. 1411; Pub. L. 110246, § 4(a), title XII, § 12072, June 18, 2008, 122 Stat. 1664, 2173.)
## Notes
Editorial Notes
References in TextThe date of enactment of this Act, referred to in subsec. (a), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008. Section 657o of this title, as added by this Act, referred to in subsec. (c)(2), is section 657o of this title, as added by Pub. L. 110246.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 636h - Disaster planning responsibilities
## Text
(a) Assignment of Small Business Administration disaster planning responsibilities The disaster planning function of the Administration shall be assigned to an individual appointed by the Administrator who—
(1) is not an employee of the Office of Disaster Assistance of the Administration;
(2) has proven management ability;
(3) has substantial knowledge in the field of disaster readiness and emergency response; and
(4) has demonstrated significant experience in the area of disaster planning.
(b) Responsibilities The individual assigned the disaster planning function of the Administration shall report directly and solely to the Administrator and shall be responsible for—
(1) creating, maintaining, and implementing the comprehensive disaster response plan of the Administration described in section 636g of this title;
(2) ensuring there are in-service and pre-service training procedures for the disaster response staff of the Administration;
(3) coordinating and directing the training exercises of the Administration relating to disasters, including disaster simulation exercises and disaster exercises coordinated with other government departments and agencies; and
(4) other responsibilities relevant to disaster planning and readiness, as determined by the Administrator.
(c) Coordination In carrying out the responsibilities described in subsection (b), the individual assigned the disaster planning function of the Administration shall coordinate with—
(1) the Office of Disaster Assistance of the Administration;
(2) the Administrator of the Federal Emergency Management Agency; and
(3) other Federal, State, and local disaster planning offices, as necessary.
(d) Resources The Administrator shall ensure that the individual assigned the disaster planning function of the Administration has adequate resources to carry out the duties under this section.
(e) Report Not later than 30 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing—
(1) a description of the actions of the Administrator to assign an individual the disaster planning function of the Administration;
(2) information detailing the background and expertise of the individual assigned; and
(3) information on the status of the implementation of the responsibilities described in subsection (b).
(Pub. L. 110234, title XII, § 12073, May 22, 2008, 122 Stat. 1413; Pub. L. 110246, § 4(a), title XII, § 12073, June 18, 2008, 122 Stat. 1664, 2175.)
## Notes
Editorial Notes
References in TextThe date of enactment of this Act, referred to in subsec. (e), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 636i - Small business bonding threshold
## Text
(a) In general Except as provided in subsection (b), and notwithstanding any other provision of law, for any procurement related to a major disaster, the Administrator may, upon such terms and conditions as the Administrator may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000.
(b) Increase of amount Upon request of the head of any Federal agency other than the Administration involved in reconstruction efforts in response to a major disaster, the Administrator may guarantee and enter into a commitment to guarantee any security against loss under subsection (a) on any total work order or contract amount at the time of bond execution that does not exceed $10,000,000.
(c) Limitation on use of other funds The Administrator may carry out this section only with amounts appropriated in advance specifically to carry out this section.
(Pub. L. 110234, title XII, § 12079, May 22, 2008, 122 Stat. 1416; Pub. L. 110246, § 4(a), title XII, § 12079, June 18, 2008, 122 Stat. 1664, 2178.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 636j - Repealed. Pub. L. 1166, div. D, title V, § 532, Feb. 15, 2019, 133 Stat. 180
## Notes
Section, Pub. L. 110234, title XII, § 12085, May 22, 2008, 122 Stat. 1421; Pub. L. 110246, § 4(a), title XII, § 12085, June 18, 2008, 122 Stat. 1664, 2183, related to expedited disaster assistance loan program.
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# 15 U.S.C. § 636k - Reports on disaster assistance
## Text
(a) Monthly accounting report to Congress (1) Reporting requirements Not later than the fifth business day of each month during the applicable period for a major disaster, the Administrator shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and to the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the operation of the disaster loan program authorized under section 636 of this title for that major disaster during the preceding month.
(2) Contents Each report submitted under paragraph (1) shall include—
(A) the daily average lending volume, in number of loans and dollars, and the percent by which each category has increased or decreased since the previous report under paragraph (1);
(B) the weekly average lending volume, in number of loans and dollars, and the percent by which each category has increased or decreased since the previous report under paragraph (1);
(C) the amount of funding spent over the month for loans, both in appropriations and program level, and the percent by which each category has increased or decreased since the previous report under paragraph (1);
(D) the amount of funding available for loans, both in appropriations and program level, and the percent by which each category has increased or decreased since the previous report under paragraph (1), noting the source of any additional funding;
(E) an estimate of how long the available funding for such loans will last, based on the spending rate;
(F) the amount of funding spent over the month for staff, along with the number of staff, and the percent by which each category has increased or decreased since the previous report under paragraph (1);
(G) the amount of funding spent over the month for administrative costs, and the percent by which such spending has increased or decreased since the previous report under paragraph (1);
(H) the amount of funding available for salaries and expenses combined, and the percent by which such funding has increased or decreased since the previous report under paragraph (1), noting the source of any additional funding; and
(I) an estimate of how long the available funding for salaries and expenses will last, based on the spending rate.
(b) Weekly disaster updates to Congress for presidentially declared disasters (1) In general Each week during a disaster update period, the Administration shall submit to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives a report on the operation of the disaster loan program of the Administration for the area in which the President declared a major disaster.
(2) Contents Each report submitted under paragraph (1) shall include—
(A) the number of Administration staff performing loan processing, field inspection, and other duties for the declared disaster, and the allocations of such staff in the disaster field offices, disaster recovery centers, workshops, and other Administration offices nationwide;
(B) the daily number of applications received from applicants in the relevant area, as well as a breakdown of such figures by State;
(C) the daily number of applications pending application entry from applicants in the relevant area, as well as a breakdown of such figures by State;
(D) the daily number of applications withdrawn by applicants in the relevant area, as well as a breakdown of such figures by State;
(E) the daily number of applications summarily declined by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State;
(F) the daily number of applications declined by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State;
(G) the daily number of applications in process from applicants in the relevant area, as well as a breakdown of such figures by State;
(H) the daily number of applications approved by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State;
(I) the daily dollar amount of applications approved by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State;
(J) the daily amount of loans dispersed, both partially and fully, by the Administration to applicants in the relevant area, as well as a breakdown of such figures by State;
(K) the daily dollar amount of loans disbursed, both partially and fully, from the relevant area, as well as a breakdown of such figures by State;
(L) the number of applications approved, including dollar amount approved, as well as applications partially and fully disbursed, including dollar amounts, since the last report under paragraph (1); and
(M) the declaration date, physical damage closing date, economic injury closing date, and number of counties included in the declaration of a major disaster.
(c) Periods when additional disaster assistance is made available (1) In general During any period for which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title, as amended by this Act, the Administrator shall, on a monthly basis, submit to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives a report on the disaster assistance operations of the Administration with respect to the applicable major disaster.
(2) Contents Each report submitted under paragraph (1) shall specify—
(A) the number of applications for disaster assistance distributed;
(B) the number of applications for disaster assistance received;
(C) the average time for the Administration to approve or disapprove an application for disaster assistance;
(D) the amount of disaster loans approved;
(E) the average time for initial disbursement of disaster loan proceeds; and
(F) the amount of disaster loan proceeds disbursed.
(d) Notice of the need for supplemental funds On the same date that the Administrator notifies any committee of the Senate or the House of Representatives that supplemental funding is necessary for the disaster loan program of the Administration in any fiscal year, the Administrator shall notify in writing the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the need for supplemental funds for that loan program.
(e) Report on contracting (1) In general Not later than 6 months after the date on which the President declares a major disaster, and every 6 months thereafter until the date that is 18 months after the date on which the major disaster was declared, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives regarding Federal contracts awarded as a result of that major disaster.
(2) Contents Each report submitted under paragraph (1) shall include—
(A) the total number of contracts awarded as a result of that major disaster;
(B) the total number of contracts awarded to small business concerns as a result of that major disaster;
(C) the total number of contracts awarded to women and minority-owned businesses as a result of that major disaster; and
(D) the total number of contracts awarded to local businesses as a result of that major disaster.
(f) Report on loan approval rate (1) In general Not later than 6 months after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives detailing how the Administration can improve the processing of applications under the disaster loan program of the Administration.
(2) Contents The report submitted under paragraph (1) shall include—
(A) recommendations, if any, regarding—
(i) staffing levels during a major disaster;
(ii) how to improve the process for processing, approving, and disbursing loans under the disaster loan program of the Administration, to ensure that the maximum assistance is provided to victims in a timely manner;
(iii) the viability of using alternative methods for assessing the ability of an applicant to repay a loan, including the credit score of the applicant on the day before the date on which the disaster for which the applicant is seeking assistance was declared;
(iv) methods, if any, for the Administration to expedite loss verification and loan processing of disaster loans during a major disaster for businesses affected by, and located in the area for which the President declared, the major disaster that are a major source of employment in the area or are vital to recovery efforts in the region (including providing debris removal services, manufactured housing, or building materials);
(v) legislative changes, if any, needed to implement findings from the Accelerated Disaster Response Initiative of the Administration; and
(vi) a description of how the Administration plans to integrate and coordinate the response to a major disaster with the technical assistance programs of the Administration; and
(B) the plans of the Administrator for implementing any recommendation made under subparagraph (A).
(Pub. L. 110234, title XII, § 12091, May 22, 2008, 122 Stat. 1423; Pub. L. 110246, § 4(a), title XII, § 12091, June 18, 2008, 122 Stat. 1664, 2185.)
## Notes
Editorial Notes
References in TextSection 636(b) of this title, as amended by this Act, referred to in subsec. (c)(1), is section 636(b) of this title, as amended by Pub. L. 110246. The date of enactment of this Act, referred to in subsec. (f)(1), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246. Section is comprised of section 12091 of Pub. L. 110246. Subsec. (g) of section 12091 of Pub. L. 110246 enacted section 657o of this title. Section was enacted as part of the Food, Conservation, and Energy Act of 2008, and also as part of the Small Business Disaster Response and Loan Improvements Act of 2008, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
@@ -0,0 +1,41 @@
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# 15 U.S.C. § 636l - Semiannual report
## Text
Not later than 180 days after December 20, 2019, and semiannually thereafter, the President shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the number of loans made under the Military Reservist Economic Injury Disaster Loan program and the dollar volume of those loans. The report shall contain the subsidy rate of the disaster loan program as authorized under section 636(b) of this title with the loans made under the Military Reservist Economic Injury Disaster Loan program and without those loans included.
(Pub. L. 11692, div. A, title VIII, § 877(c), Dec. 20, 2019, 133 Stat. 1529.)
## Notes
Editorial Notes
Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2020, and not as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 637a - Repealed. Pub. L. 89409, § 3(b), May 2, 1966, 80 Stat. 133
## Notes
Section, Pub. L. 87550, § 2, July 25, 1962, 76 Stat. 221, authorized the Administration to make loans to assist in adjusting to competition from imports, described such authority as additional to that under the Small Business Act, provided for application of the Trade Expansion Act of 1962, authorized appropriations, and provided for an effective date. See section 636(e) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective on July 1, 1966, see section 3(c) of Pub. L. 89409, set out as a note under section 636 of this title.
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# 15 U.S.C. § 637b - Availability of information
## Text
(a) Requests for information For any contract to be let by any Federal agency, such agency shall provide to any small business concern upon its request—
(1) a copy of bid sets and specifications with respect to such contract;
(2) the name and telephone number of an employee of such agency to answer questions with respect to such contract; and
(3) adequate citations to each major Federal law or agency rule with which such business concern must comply in performing such contract.
(b) Exempt contracts Subsection (a) shall not apply to any contract or subcontract under such contract which—
(1) will be performed entirely outside any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico; or
(2) is for services which are personal in nature.
(Pub. L. 95507, title II, § 223, Oct. 24, 1978, 92 Stat. 1772.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 637c - Definitions
## Text
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. 95507, title II, § 224(a), Oct. 24, 1978, 92 Stat. 1772; Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means Pub. L. 95507, Oct. 24, 1978, 92 Stat. 1757. For complete classification of this Act to the Code, see Tables.
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
Amendments2004—Par. (2). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”.
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# 15 U.S.C. § 637d - Subcontracting plan reports
## Text
(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. 112239, div. A, title XVI, § 1653(b), Jan. 2, 2013, 126 Stat. 2082.)
## Notes
Editorial Notes
Codification 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.
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# 15 U.S.C. § 638a - Repealed. Pub. L. 11983, § 10(l), Apr. 13, 2026, 140 Stat. 769
## Notes
Section, Pub. L. 11281, div. E, title LI, § 5142, Dec. 31, 2011, 125 Stat. 1854, related to GAO study of the impact of requirements relating to venture capital operating company, hedge fund, and private equity firm involvement conducted by the Comptroller General of the United States.
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# 15 U.S.C. § 638b - Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse
## Text
(a) Fraud, waste, and abuse prevention (1) Amendments required for fraud, waste, and abuse prevention Not later than 90 days after December 31, 2011, the Administrator shall amend the SBIR Policy Directive and the STTR Policy Directive to include measures to prevent fraud, waste, and abuse in the SBIR program and the STTR program.
(2) Content of amendments The amendments required under paragraph (1) shall include—
(A) definitions or descriptions of fraud, waste, and abuse;
(B) guidelines for the monitoring and oversight of applicants to and recipients of awards under the SBIR program or the STTR program;
(C) a requirement that each Federal agency that participates in the SBIR program or STTR program include information concerning the method established by the Inspector General of the Federal agency to report fraud, waste, and abuse (including any telephone hotline or Web-based platform)—
(i) on the Web site of the Federal agency; and
(ii) in any solicitation or notice of funding opportunity issued by the Federal agency for the SBIR program or the STTR program; and
(D) a requirement that each applicant for and small business concern that receives funding under the SBIR program or the STTR program shall certify whether the applicant or small business concern is in compliance with the laws relating to the SBIR program and the STTR program and the conduct guidelines established under the SBIR Policy Directive and the STTR Policy Directive.
(3) Consultation The Administrator shall develop, in consultation with the Council of Inspectors General on Integrity and Efficiency, the procedures and requirements for the certification set forth under paragraph (2)(D) after providing notice of and an opportunity for public comment on such procedures and requirements.
(4) Certification The certification developed under paragraph (3) may—
(A) cover the lifecycle of an award to require certifications at the application, funding, reporting, and closeout phases of every SBIR and STTR award;
(B) require the small business concern to certify compliance with the “principal investigator 11 So in original. Probably should be “investor”. primary employment” requirement, the “small business concern” definition requirement, and the “performance of work” requirements as set forth in the Directive applicable to the award;
(C) require the small business concern to disclose whether it has applied for, plans to apply for, or received an SBIR or STTR award for identical or essentially equivalent work (as defined under the SBIR Policy Directive and the STTR Policy Directive), and require the concern to certify that the award that it is applying for or obtaining funding for is not identical or essentially equivalent to work it has performed, or will perform, in connection with any other SBIR or STTR award that the concern has applied for or received from any other agency except as fully disclosed to all funding agencies; and
(D) require that the small business concern certify that it will or did perform the work on the award at its facilities with its employees, unless otherwise indicated.
(5) Inspectors General The Inspector General of each Federal agency that participates in the SBIR program or STTR program shall cooperate to prevent fraud, waste, and abuse in the SBIR program and the STTR program by—
(A) establishing fraud detection indicators;
(B) reviewing regulations and operating procedures of the Federal agency;
(C) coordinating information sharing between Federal agencies, to the extent otherwise permitted under Federal law; and
(D) improving the education and training of and outreach to—
(i) administrators of the SBIR program and the STTR program of the Federal agency;
(ii) applicants to the SBIR program or the STTR program; and
(iii) recipients of awards under the SBIR program or the STTR program.
(b) Study and report Not later than 1 year after December 31, 2011, to establish a baseline of changes made to the program to fight fraud, waste, and abuse, and every 4 years thereafter to evaluate the effectiveness of the agency strategies, the Comptroller General of the United States shall—
(1) conduct a study that evaluates—
(A) the implementation by each Federal agency that participates in the SBIR program or the STTR program of the amendments to the SBIR Policy Directive and the STTR Policy Directive made pursuant to subsection (a);
(B) the effectiveness of the management information system of each Federal agency that participates in the SBIR program or STTR program in identifying duplicative SBIR and STTR projects;
(C) the effectiveness of the risk management strategies of each Federal agency that participates in the SBIR program or STTR program in identifying areas of the SBIR program or the STTR program that are at high risk for fraud;
(D) technological tools that may be used to detect patterns of behavior that may indicate fraud by applicants to the SBIR program or the STTR program;
(E) the success of each Federal agency that participates in the SBIR program or STTR program in reducing fraud, waste, and abuse in the SBIR program or the STTR program of the Federal agency;
(F) the extent to which the Inspector General of each Federal agency that participates in the SBIR and STTR program effectively conducts investigations, audits, inspections, and outreach relating to the SBIR and STTR programs of the Federal agency; and
(G) the effectiveness of the Government and public databases described in section 638(k) of this title in reducing vulnerabilities of the SBIR program and the STTR program to fraud, waste, and abuse, particularly with respect to Federal agencies funding duplicative proposals and business concerns falsifying information in proposals; and
(2) submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, and the head of each Federal agency that participates in the SBIR program or STTR program a report on the results of the study conducted under paragraph (1).
(c) Inspector General reports Not later than October 1 of each year, the Inspector General of each Federal agency that participates in the SBIR program or STTR program shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report describing—
(1) the number of cases referred to the Inspector General in the preceding year that related to fraud, waste, or abuse with respect to the SBIR program or STTR program;
(2) the actions taken in each case described in paragraph (1) if fraud, waste, or abuse was determined to have occurred;
(3) if no action was taken in a case described in paragraph (1) and fraud, waste, or abuse was determined to have occurred, the justification for action not being taken; and
(4) an accounting of the funds used to address fraud, waste, and abuse, including a description of personnel and resources funded and funds that were recovered or saved.
(Pub. L. 11281, div. E, title LI, § 5143, Dec. 31, 2011, 125 Stat. 1854.)
## Notes
Editorial Notes
Codification 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.
Statutory Notes and Related Subsidiaries
Definitions Pub. L. 11281, div. E, title L, § 5002, Dec. 31, 2011, 125 Stat. 1823, provided that: “In this division [enacting this section and section 638a of this title, amending sections 632 and 638 of this title, enacting provisions set out as notes under this section and sections 631 and 638 of this title, and amending provisions set out as a note under section 638 of this title]— “(1) the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively; “(2) the terms extramural budget, Federal agency, Small Business Innovation Research Program, SBIR, Small Business Technology Transfer Program, and STTR have the meanings given such terms in section 9 of the Small Business Act (15 U.S.C. 638); and “(3) the term small business concern has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).”
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# 15 U.S.C. § 639a - Review of loan program; submission of estimated needs for additional authorization
## Text
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. 87550, § 1(b), July 25, 1962, 76 Stat. 221.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 639b - Oversight
## Text
(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. 116260, div. N, title III, § 321, Dec. 27, 2020, 134 Stat. 2017.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (b), probably means title III of div. N of Pub. L. 116260, 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.
Codification 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.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on Dec. 27, 2020, and applicable to loans and grants made on or after Dec. 27, 2020, see section 348 of Pub. L. 116260, set out as an Effective Date of 2020 Amendment note under section 636 of this title.
Definition of “Administrator” “Administrator” means the Administrator of the Small Business Administration, see section 302 of Pub. L. 116260, set out as a note under section 9001 of this title.
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# 15 U.S.C. § 640 - Voluntary agreements among small-business concerns
## Text
(a) Consultation with President The President is authorized to consult with representatives of small-business concerns with a view to encouraging the making by such persons with the approval of the President of voluntary agreements and programs to further the objectives of this chapter.
(b) Exemption from certain laws; findings and requests; filing and publication No act or omission to act pursuant to this chapter which occurs while this chapter is in effect, if requested by the President pursuant to a voluntary agreement or program approved under subsection (a) of this section and found by the President to be in the public interest as contributing to the national defense, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act [15 U.S.C. 41 et seq.] of the United States. A copy of each such request intended to be within the coverage of this section, and any modification or withdrawal thereof, shall be furnished to the Attorney General and the Chairman of the Federal Trade Commission when made, and it shall be published in the Federal Register unless publication thereof would, in the opinion of the President, endanger the national security.
(c) Delegation of authority; consultation; approval of requests The authority granted in subsection (b) of this section shall be delegated only (1) to an official who shall for the purpose of such delegation be required to be appointed by the President by and with the advice and consent of the Senate, (2) upon the condition that such official consult with the Attorney General and the Chairman of the Federal Trade Commission not less than ten days before making any request or finding thereunder, and (3) upon the condition that such official obtain the approval of the Attorney General to any request thereunder before making the request.
(d) Inapplicability of section when request or finding withdrawn Upon withdrawal of any request or finding hereunder, or upon withdrawal by the Attorney General of his approval of the voluntary agreement or program on which the request or finding is based, the provisions of this section shall not apply to any subsequent act, or omission to act, by reason of such finding or request.
(Pub. L. 85536, § 2[11], July 18, 1958, 72 Stat. 394.)
## Notes
Editorial Notes
References in TextThe Federal Trade Commission Act, referred to in subsec. (b), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classification of this Act to the Code, see section 58 of this title and Tables.
Prior ProvisionsPrior similar provisions were contained in section 217 of act July 30, 1953, ch. 282, title II, 67 Stat. 239, which was previously classified to section 646 of this title. The provisions of section 211 of act July 30, 1953, formerly classified to this section, were transferred to section 2[10] of Pub. L. 85536, and are classified to section 639(d), (f) of this title. See Codification note set out under section 631 of this title.
Executive Documents
Ex. Ord. No. 10493. Delegation of Functions Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, provided: Section 1. The functions conferred upon the President by section 217 of the Small Business Act of 1953 [covered by this section] are hereby delegated to the Administrator of the Small Business Administration and shall be carried out as provided in the said section 217. Sec. 2. There is hereby delegated to the Administrator of the Small Business Administration so much of the functions conferred upon the President by section 708 of the Defense Production Act of 1950, as amended [50 U.S.C. 4558], as necessary to effect changes in the composition of, or to take other action respecting voluntary agreements and programs relating to, small-business production pools approved prior to July 31, 1953, pursuant to the said section 708 [50 U.S.C. 4558]: Provided, That this section shall not be construed as limiting the authority of the Director of the Office of Defense Mobilization under Executive Order No. 10480 of August 14, 1953 (18 F.R. 4939) [formerly set out as a note under section 2153 of the former Appendix to Title 50]. The functions delegated to the Administrator by this section shall be carried out as provided in section 708 of the Defense Production Act of 1950, as amended [50 U.S.C. 4558]. Sec. 3. Without prejudice to any action taken thereunder, Executive Order No. 10370 of July 7, 1952 (17 F.R. 6141), is hereby revoked. Dwight D. Eisenhower.
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# 15 U.S.C. § 641 - Transfer to Administration of other functions, powers, and duties
## Text
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. 85536, § 2[12], July 18, 1958, 72 Stat. 394.)
## Notes
Editorial Notes
Prior ProvisionsPrior 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. 85536, and are classified to section 637(b) of this title. See Codification note set out under section 631 of this title.
Executive Documents
Executive Order No. 10504 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.
Executive Order No. 11871 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.
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# 15 U.S.C. § 642 - Requirements for loans
## Text
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. 85536, § 2[13], July 18, 1958, 72 Stat. 394.)
## Notes
Editorial Notes
Prior ProvisionsPrior 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. 85536, and are classified to section 637(b)(6), (7) of this title. See Codification note set out under section 631 of this title.
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# 15 U.S.C. § 643 - Fair charge for use of Government-owned property
## Text
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. 85536, § 2[14], July 18, 1958, 72 Stat. 395.)
## Notes
Editorial Notes
Prior ProvisionsPrior 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. 85536, and are classified to section 644 of this title. See Codification note set out under section 631 of this title.
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# 15 U.S.C. § 644a - Small Business Procurement Advisory Council
## Text
(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. 103355, title VII, § 7104, Oct. 13, 1994, 108 Stat. 3369; Pub. L. 112239, div. A, title XVI, § 1692, Jan. 2, 2013, 126 Stat. 2089.)
## Notes
Editorial Notes
Codification 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.
Amendments2013—Subsec. (b)(3) to (5). Pub. L. 112239, § 1692(a), added pars. (3) to (5). Subsec. (c)(3). Pub. L. 112239, § 1692(b), struck out “(established under section 644(k) of this title)” after “Utilization”. Subsec. (d). Pub. L. 112239, § 1692(c), inserted “(or the designee of the Administrator)” after “Small Business Administration”.
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# 15 U.S.C. § 645 - Offenses and penalties
## Text
(a) False statements; overvaluation of securities Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, or for the purpose of influencing in any way the action of the Administration, or for the purpose of obtaining money, property, or anything of value, under this chapter, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.
(b) Embezzlement, etc. Whoever, being connected in any capacity with the Administration, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise entrusted to it, or (2) with intent to defraud the Administration or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Administration, makes any false entry in any book, report, or statement of or to the Administration, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, or (3) with intent to defraud participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, commission, contract, or any other act of the Administration, or (4) gives any unauthorized information concerning any future action or plan of the Administration which might affect the value of securities, or, having such knowledge, invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans or other assistance from the Administration, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both.
(c) Concealment, etc. Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Administration, shall be fined not more than $5,000 or imprisoned not more than five years, or both; but if the value of such property does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(d) Misrepresentation, etc. (1) Whoever misrepresents the status of any concern or person as a “small business concern”, a “qualified HUBZone small business concern”, a “small business concern owned and controlled by service-disabled veterans”, a “small business concern owned and controlled by veterans”, a “small business concern owned and controlled by socially and economically disadvantaged individuals”, or a “small business concern owned and controlled by women”, in order to obtain for oneself or another any—
(A) prime contract to be awarded pursuant to section 637, 638, 644, 657a, 657f, or 657f1 of this title;
(B) subcontract to be awarded pursuant to section 637(a) of this title;
(C) subcontract that is to be included as part or all of a goal contained in a subcontracting plan required pursuant to section 637(d) of this title; or
(D) prime or subcontract to be awarded as a result, or in furtherance, of any other provision of Federal law that specifically references section 637(d) of this title for a definition of program eligibility,11 So in original. Following provision probably should be set flush with par. (1). shall be subject to the penalties and remedies described in paragraph (2).
(2) Any person who violates paragraph (1) shall—
(A) be punished by a fine of not more than $500,000 or by imprisonment for not more than 10 years, or both;
(B) be subject to the administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 22 See References in Text note below. (31 U.S.C. 38013812);
(C) be subject to suspension and debarment as specified in subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation); and
(D) be ineligible for participation in any program or activity conducted under the authority of this chapter or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a period not to exceed 3 years.
(3) Limitation on liability.— This subsection shall not apply to any conduct in violation of subsection (a) if the defendant acted in good faith reliance on a written advisory opinion from a Small Business Development Center (as defined in this chapter), or an entity participating in the Procurement Technical Assistance Cooperative Agreement Program defined in chapter 388 of title 10; however nothing in this chapter shall obligate either entity to provide such a letter nor shall the provision of such a letter in any way render the providing entity liable to the business concern should the Administrator later determine that the concern is not a small business concern. Upon issuance of an advisory opinion under this paragraph, the entity issuing the advisory opinion shall remit a copy of the opinion to the General Counsel of the Administration, who may reject the advisory opinion. If the General Counsel of the Administration rejects the advisory opinion, the Administration shall notify the entity issuing the advisory opinion and the recipient of the opinion, after which time the business concern may not rely upon the opinion.
(e) Representations under subsection (d) to be in writing Any representation of the status of any concern or person as a “small business concern”, a “HUBZone small business concern”, a “small business concern owned and controlled by service-disabled veterans”, a “small business concern owned and controlled by veterans”, a “small business concern owned and controlled by socially and economically disadvantaged individuals”, or a “small business concern owned and controlled by women” in order to obtain any prime contract or subcontract enumerated in subsection (d) of this section shall be in writing.
(f) Misrepresentation of compliance with section 636(j)(10)(I) Whoever falsely certifies past compliance with the requirements of section 636(j)(10)(I) of this title shall be subject to the penalties prescribed in subsection (d).
(g) Subcontracting limitations (1) In general Whoever violates a requirement established under section 657s of this title shall be subject to the penalties prescribed in subsection (d), except that, for an entity that exceeded a limitation on subcontracting under such section, the fine described in subsection (d)(2)(A) shall be treated as the greater of—
(A) $500,000; or
(B) the dollar amount expended, in excess of permitted levels, by the entity on subcontractors.
(2) Monitoring Not later than 1 year after January 2, 2013, the Administrator shall take such actions as are necessary to ensure that an existing Federal subcontracting reporting system is modified to notify the Administrator, the appropriate Director of the Office of Small and Disadvantaged Business Utilization, and the appropriate contracting officer if a requirement established under section 657s of this title is violated.
(Pub. L. 85536, § 2[16], July 18, 1958, 72 Stat. 395; Pub. L. 88264, § 2, Feb. 5, 1964, 78 Stat. 8; Pub. L. 99272, title XVIII, § 18009, Apr. 7, 1986, 100 Stat. 368; Pub. L. 100656, title IV, § 405, Nov. 15, 1988, 102 Stat. 3875; Pub. L. 103355, title VII, § 7106(c), Oct. 13, 1994, 108 Stat. 3376; Pub. L. 10585, div. A, title X, § 1073(g)(4), Nov. 18, 1997, 111 Stat. 1906; Pub. L. 105135, title VI, § 603(c), Dec. 2, 1997, 111 Stat. 2632; Pub. L. 112239, div. A, title XVI, §§ 1652, 1681(a), 1682(a), Jan. 2, 2013, 126 Stat. 2081, 2085, 2086; Pub. L. 116283, div. A, title VIII, § 862(d)(2), Jan. 1, 2021, 134 Stat. 3780; Pub. L. 11781, div. A, title XVII, § 1702(e)(6), Dec. 27, 2021, 135 Stat. 2157.)
## Notes
Editorial Notes
References in TextThe Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 38013812), referred to in subsec. (d)(2)(B), subsequently renamed the Administrative False Claims Act, is subtitle B of title VI of Pub. L. 99509, Oct. 21, 1986, 100 Stat. 1934, which is classified generally to chapter 38 (§ 3801 et seq.) of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of Title 31 and Tables. The Small Business Investment Act of 1958, referred to in subsec. (d)(2)(D), is Pub. L. 85699, Aug. 21, 1958, 72 Stat. 689, which is classified principally to chapter 14B (§ 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.
Prior ProvisionsPrior similar provisions were contained in section 209 of act July 30, 1953, ch. 282, title II, 67 Stat. 237, which was previously classified to section 638 of this title. The provisions of section 216 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Pub. L. 85536, which was classified to section 637(c) of this title prior to repeal by Pub. L. 102191. See section 656 of this title.
Amendments2021—Subsec. (d)(1). Pub. L. 116283, § 862(d)(2)(A)(i), substituted “ small business concern,” for “ small business concern,,” and “, a small business concern owned and controlled by service-disabled veterans, a small business concern owned and controlled by veterans, a small business concern owned and controlled by socially and economically disadvantaged individuals ” for “, a small business concern owned and controlled by socially and economically disadvantaged individuals ” in introductory provisions. Subsec. (d)(1)(A). Pub. L. 116283, § 862(d)(2)(A)(ii), substituted “section 637, 638, 644, 657a, 657f, or 657f1” for “section 638, 644, or 657a”. Subsec. (d)(3). Pub. L. 11781 substituted “chapter 388” for “chapter 142”. Subsec. (e). Pub. L. 116283, § 862(d)(2)(B), substituted “ small business concern,” for “ small business concern,,” and “, a small business concern owned and controlled by service-disabled veterans, a small business concern owned and controlled by veterans, a small business concern owned and controlled by socially and economically disadvantaged individuals ” for “, a small business concern owned and controlled by socially and economically disadvantaged individuals ”. 2013—Subsec. (d)(2)(C). Pub. L. 112239, § 1682(a), struck out “on the basis that such misrepresentation indicates a lack of business integrity that seriously and directly affects the present responsibility to perform any contract awarded by the Federal Government or a subcontract under such a contract” after “regulation)”. Subsec. (d)(3). Pub. L. 112239, § 1681(a), added par. (3). Subsec. (g). Pub. L. 112239, § 1652, added subsec. (g). 1997—Subsec. (d)(1). Pub. L. 105135, § 603(c)(1)(A), inserted “, a qualified HUBZone small business concern,” after “ small business concern,”. Pub. L. 10585 substituted “concern owned and controlled by women” for “concerns owned and controlled by women”. Subsec. (d)(1)(A). Pub. L. 105135, § 603(c)(1)(B), substituted “section 638, 644, or 657a” for “section 638 or 644”. Subsec. (e). Pub. L. 105135, § 603(c)(2), inserted “, a HUBZone small business concern,” after “ small business concern,”. Pub. L. 10585 substituted “concern owned and controlled by women” for “concerns owned and controlled by women”. 1994—Subsec. (d)(1). Pub. L. 103355, § 7106(c)(1), substituted “, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concerns owned and controlled by women ” for “or small business concern owned and controlled by socially and economically disadvantaged individuals ”. Subsec. (e). Pub. L. 103355, § 7106(c)(2), substituted “, a small business concern owned and controlled by socially and economically disadvantaged individuals, or a small business concerns owned and controlled by women ” for “or small business concern owned and controlled by socially and economically disadvantaged individuals ”. 1988—Subsec. (d). Pub. L. 100656, § 405(a), amended subsec. (d) generally, designating existing provisions as par. (1), redesignating former pars. (1) to (4) as subpars. (A) to (D), respectively, and in subpar. (D), substituting “subject to the penalties and remedies described in paragraph (2)” for “punished by a fine of not more than $50,000 or by imprisonment for not more than five years, or both”, and adding par. (2). Subsec. (f). Pub. L. 100656, § 405(b), added subsec. (f). 1986—Subsecs. (d), (e). Pub. L. 99272 added subsecs. (d) and (e). 1964—Subsec. (c). Pub. L. 88264 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 105135 effective Oct. 1, 1997, see section 3 of Pub. L. 105135, set out as a note under section 631 of this title.
Effective Date of 1994 AmendmentFor effective date and applicability of amendment by Pub. L. 103355, see section 10001 of Pub. L. 103355, set out as a note under section 8752 of Title 10, Armed Forces.
RegulationsPub. L. 112239, div. A, title XVI, § 1681(b), Jan. 2, 2013, 126 Stat. 2085, provided that: “Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall issue rules defining what constitutes an adequate advisory opinion for purposes of section 16(d)(3) of the Small Business Act [15 U.S.C. 645(d)(3)].”
Development and Promulgation of GuidancePub. L. 112239, div. A, title XVI, § 1682(b), Jan. 2, 2013, 126 Stat. 2086, provided that: “Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall develop and promulgate guidance implementing this section [amending this section and enacting provisions set out as a note below].”
Publication of Procedures Regarding Suspension and DebarmentPub. L. 112239, div. A, title XVI, § 1682(c), Jan. 2, 2013, 126 Stat. 2086, provided that: “Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator [of the Small Business Administration] shall publish and maintain on the [Small Business] Administrations Web site the current standard operating procedures of the Administration for suspension and debarment, and the name and contact information for the individual designated by the Administrator as the senior individual responsible for suspension and debarment proceedings.”
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# 15 U.S.C. § 645a - Annual report on suspensions and debarments proposed by Small Business Administration
## Text
(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. 112239, div. A, title XVI, § 1683, Jan. 2, 2013, 126 Stat. 2086.)
## Notes
Editorial Notes
Codification 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.
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# 15 U.S.C. § 646 - Liens
## Text
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. 85536, § 2[17], July 18, 1958, 72 Stat. 396.)
## Notes
Editorial Notes
Prior ProvisionsSection 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.
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# 15 U.S.C. § 647 - Duplication of activities of other Federal departments or agencies
## Text
(a) General prohibition; exception The Administration shall not duplicate the work or activity of any other department or agency of the Federal Government,,11 So in original. and nothing contained in this chapter shall be construed to authorize any such duplication unless such work or activity is expressly provided for in this chapter. If loan applications are being refused or loans denied by such other department or agency responsible for such work or activity due to administrative withholding from obligation or withholding from apportionment, or due to administratively declared moratorium, then, for purposes of this section, no duplication shall be deemed to have occurred.
(b) “Agricultural enterprises” defined As used in this chapter, the term “agricultural enterprises” means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.
(Pub. L. 85536, § 2[18], July 18, 1958, 72 Stat. 396; Pub. L. 93386, § 5, Aug. 23, 1974, 88 Stat. 746; Pub. L. 94305, title I, § 112(e), June 4, 1976, 90 Stat. 667; Pub. L. 9638, title I, § 101(c), July 25, 1979, 93 Stat. 119; Pub. L. 96302, title I, § 119(c), July 2, 1980, 94 Stat. 841; Pub. L. 98270, title III, § 303, Apr. 18, 1984, 98 Stat. 160; Pub. L. 98369, div. B, title IV, § 2401, July 18, 1984, 98 Stat. 1116; Pub. L. 99272, title XVIII, § 18006(a)(3), Apr. 7, 1986, 100 Stat. 366; Pub. L. 114328, div. A, title XVIII, § 1831(a), Dec. 23, 2016, 130 Stat. 2657; Pub. L. 115189, § 4(b), June 21, 2018, 132 Stat. 1497.)
## Notes
Editorial Notes
Prior ProvisionsPrior similar provisions were contained in section 225, of act July 30, 1953, ch. 282, as added by act Aug. 9, 1955, ch. 628, § 14, 69 Stat. 551, which was previously classified to section 651 of this title. The provisions of section 218 of act July 30, 1953, formerly classified to this section, were transferred to section 2[12] of Pub. L. 85536, and are classified to section 641 of this title. See Codification note set out under section 631 of this title.
Amendments2018—Subsec. (b). Pub. L. 115189 amended subsec. (b) generally. Prior to amendment, text read as follows: “As used in this chapter— “(1) agricultural enterprises means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and “(2) credit elsewhere means the availability of sufficient credit from non-Federal sources at reasonable rates and terms, taking into consideration prevailing private rates and terms in the community in or near where the concern transacts business for similar purposes and periods of time.” 2016—Subsec. (b)(1). Pub. L. 114328 substituted “small business concerns” for “businesses”. 1986—Subsec. (a). Pub. L. 99272 struck out agricultural enterprises exception and proviso that, prior to Oct. 1, 1987, an agricultural enterprise not be eligible for loan assistance under section 636(b)(1) of this title to repair or replace property other than residences and/or personal property unless it is declined for, or would be declined for, emergency loan assistance at substantially similar interest rates from the Farmers Home Administration under subchapter III of the Consolidated Farm and Rural Development Act. 1984—Subsec. (a). Pub. L. 98369 substituted “October 1, 1987” for “October 1, 1986”. Pub. L. 98270 substituted “October 1, 1986” for “October 1, 1983”. 1980—Subsec. (a). Pub. L. 96302, § 119(c)(1), inserted proviso relating to eligibility for loan assistance prior to October 1, 1983. Subsec. (b). Pub. L. 96302, § 119(c)(2), added par. (1) and designated as par. (2) existing definition of “credit elsewhere”. 1979—Pub. L. 9638 designated existing provisions as subsec. (a) and added subsec. (b). 1976—Pub. L. 94305 inserted reference to those enterprises engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries. 1974—Pub. L. 93386 inserted provision authorizing the refusal of loan applications and the denial of loans, for purposes of this section, to be deemed nonduplication of activities.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 AmendmentAmendment by Pub. L. 98270 effective Oct. 1, 1983, see section 313 of Pub. L. 98270, set out as a note under section 632 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96302 inapplicable to disasters commencing on or before Oct. 1, 1980, see section 119(d) of Pub. L. 96302, set out as a note under section 636 of this title.
Programs Administered by the Department of CommercePub. L. 95507, § 207, Oct. 24, 1978, 92 Stat. 1767, provided that: “Nothing in this chapter [meaning chapter 1 of title II of Pub. L. 95507, consisting of sections 201206 of Pub. L. 95507 which amended sections 631, 633, 636, and 637 of this title] is intended to duplicate or limit any programs or projects administered by the Department of Commerce.”
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# 15 U.S.C. § 648a - Repealed. Pub. L. 102140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826
## Notes
Section, Pub. L. 85536, § 2[21A], as added Pub. L. 101515, title V, § 9(a), Nov. 5, 1990, 104 Stat. 2144, related to Small Business Development Center Technical Assistance Program.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal; Termination of FundingPub. L. 102140, 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.”
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# 15 U.S.C. § 648b - Grants for SBDCs
## Text
(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. 111240, title I, § 1402, Sept. 27, 2010, 124 Stat. 2550.)
## Notes
Editorial Notes
Codification 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.
Statutory Notes and Related Subsidiaries
Definitions For definition of “Administrator” and “small business concern” as used in this section, see section 1001 of Pub. L. 111240, set out as a note under section 632 of this title.
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# 15 U.S.C. § 648c - SBA and USPTO partnerships
## Text
(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. 115259, § 4, Oct. 9, 2018, 132 Stat. 3664.)
## Notes
Editorial Notes
Codification 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.
Statutory Notes and Related Subsidiaries
FindingsPub. L. 115259, § 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.”
Definitions Pub. L. 115259, § 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.”
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# 15 U.S.C. § 649a - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 96481, 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.
Statutory Notes and Related Subsidiaries
Effective and Termination DatesPub. L. 96481, 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.”
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# 15 U.S.C. § 649c - Authorization of appropriations
## Text
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. 96481, title III, § 303, Oct. 21, 1980, 94 Stat. 2332.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
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# 15 U.S.C. § 649d - Central information clearinghouse
## Text
The Secretary through the International Trade Administration, shall, only to such extent and in such amounts as are provided in appropriation Acts on and after October 1, 1980, maintain a central clearinghouse to provide for the collection, dissemination, and exchange of information between programs established pursuant to sections 649a and 649b of this title, the Office of International Trade of the Small Business Administration, and other interested concerns.
(Pub. L. 96481, title III, § 304, Oct. 21, 1980, 94 Stat. 2333.)
## Notes
Editorial Notes
Codification Section was not enacted as part of the Small Business Act which comprises this chapter.
@@ -0,0 +1,167 @@
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# 15 U.S.C. § 650 - Supervisory and enforcement authority for small business lending companies
## Text
(a) In general The Administrator is authorized—
(1) to supervise the safety and soundness of small business lending companies and non-Federally regulated lenders;
(2) with respect to small business lending companies to set capital standards to regulate, to examine, and to enforce laws governing such companies, in accordance with the purposes of this chapter; and
(3) with respect to non-Federally regulated lenders to regulate, to examine, and to enforce laws governing the lending activities of such lenders under section 636(a) of this title in accordance with the purposes of this chapter.
(b) Capital directive (1) In general If the Administrator determines that a small business lending company is being operated in an imprudent manner, the Administrator may, in addition to any other action authorized by law, issue a directive to such company to increase capital to such level as the Administrator determines will result in the safe and sound operation of such company.
(2) Delegation The Administrator may not delegate the authority granted under paragraph (1) except to an Associate Deputy Administrator.
(3) Regulations The Administrator shall issue regulations outlining the conditions under which the Administrator may determine the level of capital pursuant to paragraph (1).
(c) Civil action If a small business lending company violates this chapter, the Administrator may institute a civil action in an appropriate district court to terminate the rights, privileges, and franchises of the company under this chapter.
(d) Revocation or suspension of loan authority (1) The Administrator may revoke or suspend the authority of a small business lending company or a non-Federally regulated lender to make, service or liquidate business loans authorized by section 636(a) of this title—
(A) for false statements knowingly made in any written submission required under this chapter;
(B) for omission of a material fact from any written submission required under this chapter;
(C) for willful or repeated violation of this chapter;
(D) for willful or repeated violation of any condition imposed by the Administrator with respect to any application, request, or agreement under this chapter; or
(E) for violation of any cease and desist order of the Administrator under this section.
(2) The Administrator may revoke or suspend authority under paragraph (1) only after a hearing under subsection (f). The Administrator may delegate power to revoke or suspend authority under paragraph (1) only to the Deputy Administrator and only if the Administrator is unavailable to take such action.
(A) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position of the United States, may issue a suspension order without conducting a hearing pursuant to subsection (f). If the Administrator issues a suspension under the preceding sentence, the Administrator shall within two business days follow the procedures set forth in subsection (f).
(B) Any suspension under paragraph (1) shall remain in effect until the Administrator makes a decision pursuant to subparagraph (4) to permanently revoke the authority of the small business lending company or non-Federally regulated lender, suspend the authority for a time certain, or terminate the suspension.
(3) The small business lending company or non-Federally regulated lender must notify borrowers of a revocation and that a new entity has been appointed to service their loans. The Administrator or an employee of the Administration designated by the Administrator may provide such notice to the borrower.
(4) Any revocation or suspension under paragraph (1) shall be made by the Administrator except that the Administrator shall delegate to an administrative law judge as that term is used in section 3105 of title 5 the authority to conduct any hearing required under subsection (f). The Administrator shall base the decision to revoke on the record of the hearing.
(e) Cease and desist order (1) Where a small business lending company, a non-Federally regulated lender, or other person violates this chapter or is engaging or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the Administrator may order, after the opportunity for hearing pursuant to subsection (f), the company, lender, or other person to cease and desist from such action or failure to act. The Administrator may delegate the authority under the preceding sentence only to the Deputy Administrator and only if the Administrator is unavailable to take such action.
(2) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position of the United States, may issue a cease and desist order without conducting a hearing pursuant to subsection (f). If the Administrator issues a cease and desist order under the preceding sentence, the Administrator shall within two business days follow the procedures set forth in subsection (f).
(3) The Administrator may further order such small business lending company or non-Federally regulated lender or other person to take such action or to refrain from such action as the Administrator deems necessary to insure compliance with this chapter.
(4) A cease and desist order under this subsection may also provide for the suspension of authority to lend in subsection (d).
(f) Procedure for revocation or suspension of loan authority and for cease and desist order (1) Before revoking or suspending authority under subsection (d) or issuing a cease and desist order under subsection (e), the Administrator shall serve an order to show cause upon the small business lending company, non-Federally regulated lender, or other person why an order revoking or suspending the authority or a cease and desist order should not be issued. The order to show cause shall contain a statement of the matters of fact and law asserted by the Administrator and the legal authority and jurisdiction under which a hearing is to be held, and shall set forth that a hearing will be held before an administrative law judge at a time and place stated in the order. Such hearing shall be conducted pursuant to the provisions of sections 554, 556, and 557 of title 5. If after hearing, or a waiver thereof, the Administrator determines that an order revoking or suspending the authority or a cease and desist order should be issued, the Administrator shall promptly issue such order, which shall include a statement of the findings of the Administrator and the grounds and reasons therefor and specify the effective date of the order, and shall cause the order to be served on the small business lending company, non-Federally regulated lender, or other person involved.
(2) Witnesses summoned before the Administrator shall be paid by the party at whose instance they were called the same fees and mileage that are paid witnesses in the courts of the United States.
(3) A cease and desist order, suspension or revocation issued by the Administrator, after the hearing under this subsection is final agency action for purposes of chapter 7 of title 5. An adversely aggrieved party shall have 20 days from the date of issuance of the cease and desist order, suspension or revocation, to seek judicial review in an appropriate district court.
(g) Removal or suspension of management official (1) Definition In this section, the term “management official” means, with respect to a small business lending company or a non-Federally regulated lender, an officer, director, general partner, manager, employee, agent, or other participant in the management of the affairs of the companys or lenders activities under section 636(a) of this title.
(2) Removal of management official (A) Notice The Administrator may serve upon any management official a written notice of its intention to remove that management official if, in the opinion of the Administrator, the management official—
(i) willfully and knowingly commits a substantial violation of—
(I) this chapter;
(II) any regulation issued under this chapter;
(III) a final cease-and-desist order under this chapter; or
(IV) any agreement by the management official, the small business lending company or non-Federally regulated lender under this chapter; or
(ii) willfully and knowingly commits a substantial breach of a fiduciary duty of that person as a management official and the violation or breach of fiduciary duty is one involving personal dishonesty on the part of such management official.
(B) Contents of notice A notice under subparagraph (A) shall contain a statement of the facts constituting grounds therefor and shall fix a time and place at which a hearing, conducted pursuant to sections 554, 556, and 557 of title 5, will be held thereon.
(C) Hearing (i) Timing A hearing under subparagraph (B) shall be held not earlier than 30 days and later than 60 days after the date of service of notice of the hearing, unless an earlier or a later date is set by the Administrator at the request of—
(I) the management official, and for good cause shown; or
(II) the Attorney General.
(ii) Consent Unless the management official appears at a hearing under this paragraph in person or by a duly authorized representative, the management official shall be deemed to have consented to the issuance of an order of removal under subparagraph (A).
(D) Order of removal (i) In general In the event of consent under subparagraph (C)(ii), or if upon the record made at a hearing under this subsection, the Administrator finds that any of the grounds specified in the notice of removal has been established, the Administrator may issue such orders of removal from office as the Administrator deems appropriate.
(ii) Effectiveness An order under clause (i) shall—
(I) take effect 30 days after the date of service upon the subject small business lending company or non-Federally regulated lender and the management official concerned (except in the case of an order issued upon consent as described in subparagraph (C)(ii), which shall become effective at the time specified in such order); and
(II) remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Administrator or a reviewing court in accordance with this section.
(3) Authority to suspend or prohibit participation (A) In general In order to protect a small business lending company, a non-Federally regulated lender or the interests of the Administration or the United States, the Administrator may suspend from office or prohibit from further participation in any manner in the management or conduct of the affairs of a small business lending company or a non-Federally regulated lender a management official by written notice to such effect served upon the management official. Such suspension or prohibition may prohibit the management official from making, servicing, reviewing, approving, or liquidating any loan under section 636(a) of this title.
(B) Effectiveness A suspension or prohibition under subparagraph (A)—
(i) shall take effect upon service of notice under paragraph (2); and
(ii) unless stayed by a court in proceedings authorized by subparagraph (C), shall remain in effect—
(I) pending the completion of the administrative proceedings pursuant to a notice of intention to remove served under paragraph (2); and
(II) until such time as the Administrator dismisses the charges specified in the notice, or, if an order of removal or prohibition is issued against the management official, until the effective date of any such order.
(C) Judicial review of suspension prior to hearing Not later than 10 days after a management official is suspended or prohibited from participation under subparagraph (A), the management official may apply to an appropriate district court for a stay of the suspension or prohibition pending the completion of the administrative proceedings pursuant to a notice of intent to remove served upon the management official under paragraph (2).
(4) Authority to suspend on criminal charges (A) In general If a management official is charged in any information, indictment, or complaint authorized by a United States attorney, with a felony involving dishonesty or breach of trust, the Administrator may, by written notice served upon the management official, suspend the management official from office or prohibit the management official from further participation in any manner in the management or conduct of the affairs of the small business lending company or non-Federally regulated lender.
(B) Effectiveness A suspension or prohibition under subparagraph (A) shall remain in effect until the information, indictment, or complaint is finally disposed of, or until terminated by the Administrator or upon an order of a district court.
(C) Authority upon conviction If a judgment of conviction with respect to an offense described in subparagraph (A) is entered against a management official, then at such time as the judgment is not subject to further judicial review (and for purposes of this subparagraph shall not include any petition for a writ of habeas corpus), the Administrator may issue and serve upon the management official an order removing the management official, effective upon service of a copy of the order upon the small business lending company or non-Federally regulated lender.
(D) Authority upon dismissal or other disposition A finding of not guilty or other disposition of charges described in subparagraph (A) shall not preclude the Administrator from instituting proceedings under subsection (e) or (f).
(5) Notification to small business lending company or a non-Federally regulated lender Copies of each notice required to be served on a management official under this section shall also be served upon the small business lending company or non-Federally regulated lender involved.
(6) Final agency action and judicial review (A) Issuance of orders After a hearing under this subsection, and not later than 30 days after the Administrator notifies the parties that the case has been submitted for final decision, the Administrator shall render a decision in the matter (which shall include findings of fact upon which its decision is predicated), and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with this section. The decision of the Administrator shall constitute final agency action for purposes of chapter 7 of title 5.
(B) Judicial review An adversely aggrieved party shall have 20 days from the date of issuance of the order to seek judicial review in an appropriate district court.
(h) Appointment of receiver (1) In any proceeding under subsection (f)(4) or subsection (g)(6)(C),11 So in original. There is no subsec. (f)(4) or (g)(6)(C) in this section. the court may take exclusive jurisdiction of a small business lending company or a non-Federally regulated lender and appoint a receiver to hold and administer the assets of the company or lender.
(2) Upon request of the Administrator, the court may appoint the Administrator as a receiver under paragraph (1).
(i) Possession of assets (1) If a small business lending company or a non-Federally regulated lender is not in compliance with capital requirements or is insolvent, the Administrator may take possession of the portfolio of loans guaranteed by the Administrator and sell such loans to a third party by means of a receiver appointed under subsection (h).
(2) If a small business lending company or a non-Federally regulated lender is not in compliance with capital requirements or is insolvent or otherwise operating in an unsafe and unsound condition, the Administrator may take possession of servicing activities of loans that are guaranteed by the Administrator and sell such servicing rights to a third party by means of a receiver appointed under subsection (h).
(j) Penalties and forfeitures (1) Except as provided in paragraph (2), a small business lending company or a non-Federally regulated lender which violates any regulation or written directive issued by the Administrator regarding the filing of any regular or special report shall pay to the United States a civil penalty of not more than $5,000 for each day of the continuance of the failure to file such report, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The civil penalties under this subsection may be enforced in a civil action brought by the Administrator. The penalties under this subsection shall not apply to any affiliate of a small business lending company that procures at least 10 percent of its annual purchasing requirements from small manufacturers.
(2) The Administrator may by rules and regulations that shall be codified in the Code of Federal Regulations, after an opportunity for notice and comment, or upon application of an interested party, at any time previous to such failure, by order, after notice and opportunity for hearing which shall be conducted pursuant to sections 554, 556, and 557 of title 5, exempt in whole or in part, any small business lending company or non-Federally regulated lender from paragraph (1), upon such terms and conditions and for such period of time as it deems necessary and appropriate, if the Administrator finds that such action is not inconsistent with the public interest or the protection of the Administration. The Administrator may for the purposes of this section make any alternative requirements appropriate to the situation.
(Pub. L. 85536, § 2[23], as added Pub. L. 98473, title I, § 111A(a), Oct. 12, 1984, 98 Stat. 1965; Pub. L. 108447, div. K, title I, § 161, Dec. 8, 2004, 118 Stat. 3458.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 650, acts July 30, 1953, ch. 282, title II, § 221, 67 Stat. 240; June 30, 1955, ch. 251, § 4, 69 Stat. 225; Aug. 9, 1955, ch. 628, § 13, 69 Stat. 551; Pub. L. 85120, § 2, Aug. 3, 1957, 71 Stat. 341, provided for a termination date of the Small Business Act of 1953, and was omitted from the general revision by Pub. L. 85536. See Codification note set out under section 631 of this title.
Amendments2004—Pub. L. 108447 amended section catchline and text generally. Prior to amendment, text related to disaster loan assistance to small business concerns in the fishing industry due to El Nino-related ocean conditions.
@@ -0,0 +1,67 @@
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# 15 U.S.C. § 651 - National small business tree planting program
## Text
(a) Authorization of grants and contracts with States The Administrator is authorized to make grants to or to enter into contracts with any State for the purpose of contracting with small businesses to plant trees on land owned or controlled by such State or local government. The Administrator shall require as a condition of any grant (or amendment or modification thereof) under this section that the applicant also contribute to the project a sum equal to at least 25 per centum of a particular project cost from sources other than the Federal Government. Such non-Federal money may include inkind contributions, including the cost or value of providing care and maintenance for a period of three years after the planting of the trees, but shall not include any value attributable to the land on which the trees are to be planted, nor may any part of any grant be used to pay for land or land charges: Provided, That not less than one-half of the amounts appropriated under this section shall be allocated to each State, the District of Columbia, and the Commonwealth of Puerto Rico on the basis of the population in each area as compared to the total population in all areas as provided by the Census Bureau of the Department of Commerce in the annual population estimate or the decennial census, whichever is most current. The Administrator may give a priority in awarding the remaining one-half of appropriated amounts to applicants who agree to contribute more than the requisite 25 per centum, and shall give priority to a proposal to restore an area determined to be a major disaster by the President on a date not more than three years prior to the fiscal year for which the application is made.
(b) Establishment by Administrator In order to accomplish the objectives of this section, the Administrator, in consultation with appropriate Federal agencies, shall be responsible for formulating a national small business tree planting program. Based on this program, a State may submit a detailed proposal for tree planting by contract.
(c) Utilization of small business concerns in implementing program To encourage and develop the capacity of small business concerns, to utilize this important segment of our economy, and to permit rapid increases in employment opportunities in local communities, grantees are directed to utilize small business contractors or concerns in connection with the program established by this section, and shall, to the extent practicable, divide the project to allow more than one small business concern to perform the work under the project.
(d) Cooperation of Federal agencies; technical services For purposes of this section, agencies of the Federal Government are hereby authorized to cooperate with all grantees and with State foresters or other appropriate officials by providing without charge, in furtherance of this program, technical services with respect to the planting and growing of such trees.
(e) Authorization of appropriations There are authorized to be appropriated to carry out the objectives of this section, $15,000,000 for fiscal year 1991 and $30,000,000 for each of the fiscal years 1995 through 1997, and all of such sums may remain available until expended.
(f) Rules and regulations Notwithstanding any other law, rule, or regulation, the administration shall publish in the Federal Register proposed rules and regulations implementing this section within sixty days after November 5, 1990, and shall publish final rules and regulations within one hundred and twenty days of November 5, 1990.
(g) Definitions As used in this section:
(1) the term “local government” includes political subdivisions of a State such as counties, parishes, cities, towns and municipalities;
(2) the term “planting” includes watering, application of fertilizer and herbicides, pruning and shaping, and other subsequent care and maintenance for a period of three years after the trees are planted; and
(3) the term “State” includes any agency thereof.
(h) Annual report to President and Congress The Administrator shall submit annually to the President and the Congress a report on activities within the scope of this section.
(Pub. L. 85536, § 2[24], as added Pub. L. 101515, title V, § 4, Nov. 5, 1990, 104 Stat. 2140; amended Pub. L. 103211, title I, § 201, Feb. 12, 1994, 108 Stat. 5; Pub. L. 103317, title IV, Aug. 26, 1994, 108 Stat. 1755.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 651, act July 30, 1953, ch. 282, § 225, as added Aug. 9, 1955, ch. 628, § 14, 69 Stat. 551, prohibited duplication of activities, and was omitted as superseded by section 647 of this title. See Codification note set out under section 631 of this title.
Amendments1994—Subsec. (a). Pub. L. 103211 inserted at end “, and shall give priority to a proposal to restore an area determined to be a major disaster by the President on a date not more than three years prior to the fiscal year for which the application is made”. Subsec. (e). Pub. L. 103317 substituted “fiscal years 1995 through 1997” for “fiscal years 1992 through 1994”.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (h) of this section relating to submitting annual report to Congress, see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 191 of House Document No. 1037.
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# 15 U.S.C. § 652 - Central European Enterprise Development Commission
## Text
(a) Establishment There is hereby established a Central European Small Business Enterprise Development Commission (hereinafter in this section referred to as the “Commission”). The Commission shall be comprised of a representative of each of the following: the Small Business Administration, the Association of American Universities, and the Association of Small Business Development Centers.
(b) Management and technical assistance to designated Central European countries The Commission shall develop in Czechoslovakia, Poland and Hungary (hereinafter referred to as “designated Central European countries”) a self-sustaining system to provide management and technical assistance to small business owners.
(1) Not later than 90 days after November 5, 1990, the Commission, in consultation with the Agency for International Development, shall enter 11 So in original. Probably should be “enter into”. a contract with one or more entities to—
(A) determine the needs of small businesses in the designated Central European countries for management and technical assistance;
(B) evaluate appropriate Small Business Development Center-programs which might be replicated in order to meet the needs of each of such countries; and
(C) identify and assess the capability of educational institutions in each such country to develop a Small Business Development Center type program.
(2) Not later than 18 months after November 5, 1990, the Commission shall review the recommendations submitted to it and shall formulate and contract for the establishment of a three-year management and technical assistance demonstration program.
(c) Eligibility In order to be eligible to participate, the educational institution in each designated Central European country shall—
(1) obtain the prior approval of the government to conduct the program;
(2) agree to provide partial financial support for the program, either directly or indirectly, during the second and third years of the demonstration program; and
(3) agree to obtain private sector involvement in the delivery of assistance under the program.
(d) Initial meeting and organization The Commission shall meet and organize not later than 30 days after November 5, 1990.
(e) Reimbursement for necessary expenses Members of the Commission shall serve without pay, except they shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their functions in the same manner as persons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5.
(f) Meetings; quorum Two Commissioners shall constitute a quorum for the transaction of business. Meetings shall be at the call of the Chairperson who shall be elected by the Members of the Commission.
(g) Authority; personnel The Commission shall not have any authority to appoint staff, but upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist in carrying out the Commissions functions under this section without regard to section 3341 of title 5. The Administrator of the General Services Administration shall provide, on a reimbursable basis, such administrative support services as the Commission may request.
(h) Initial and annual reports to Congress The Commission shall report to Congress not later than December 1, 1991, and annually thereafter, on the progress in carrying out the provisions of this section.
(i) Authorization of appropriations There are hereby authorized to be appropriated to the Small Business Administration the sum of $3,000,000 for fiscal year 1991, $5,000,000 for fiscal year 1992, $2,000,000 for each of fiscal years 1993 and 1994, and $1,000,000 for fiscal year 1995 to carry out the provisions of this section. Such sums shall be disbursed by the Small Business Administration as requested by the Commission and may remain available until expended. Any authority to enter contracts or other spending authority provided for in this section is subject to amounts provided for in advance in appropriations Acts.
(Pub. L. 85536, § 2[25], as added Pub. L. 101515, title V, § 7, Nov. 5, 1990, 104 Stat. 2142; amended Pub. L. 10381, § 9(b), Aug. 13, 1993, 107 Stat. 783; Pub. L. 103403, title IV, § 405, Oct. 22, 1994, 108 Stat. 4192.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103403 substituted “, $2,000,000 for each of fiscal years 1993 and 1994, and $1,000,000 for fiscal year 1995” for “and $2,000,000 for each of fiscal years 1993 and 1994”. 1993—Subsec. (i). Pub. L. 10381 substituted “$2,000,000 for each of fiscal years 1993 and 1994” for “$8,000,000 for fiscal year 1993”.
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# 15 U.S.C. § 653 - Office of Rural Affairs
## Text
(a) Establishment There is hereby established in the Small Business Administration an Office of Rural Affairs (hereafter in this section referred to as the “Office”).
(b) Appointment of director The Office shall be headed by a director who shall be appointed by the Administrator not later than 90 days after November 15, 1990.
(c) Functions The Office shall—
(1) strive to achieve an equitable distribution of the financial assistance available from the Administration for small business concerns located in rural areas;
(2) to the extent practicable, compile annual statistics on rural areas, including statistics concerning the population, poverty, job creation and retention, unemployment, business failures, and business startups;
(3) provide information to industries, organizations, and State and local governments concerning the assistance available to rural small business concerns through the Administration and through other Federal departments and agencies;
(4) provide information to industries, organizations, educational institutions, and State and local governments concerning programs administered by private organizations, educational institutions, and Federal, State, and local governments which improve the economic opportunities of rural citizens; and
(5) work with the United States Tourism and Travel Administration to assist small businesses in rural areas with tourism promotion and development.
(Pub. L. 85536, § 2[26], as added Pub. L. 101574, title III, § 302, Nov. 15, 1990, 104 Stat. 2827.)
## Notes
Statutory Notes and Related Subsidiaries
Catalog of Programs To Assist Rural Small Business ConcernsPub. L. 101574, title III, § 304, Nov. 15, 1990, 104 Stat. 2829, required the Small Business Administration to compile a catalog of programs administered by Federal and State departments and agencies which offer assistance to small business concerns in rural areas by no later than 180 days after Nov. 15, 1990, and to issue updates of the catalog by Feb. 1, 1993, and Feb. 1, 1995.
Rural Small Business ConferencesPub. L. 101574, title III, § 306, Nov. 15, 1990, 104 Stat. 2829, provided that: “(a) In General.—The Chief Counsel for Advocacy of the Small Business Administration shall, as soon as practicable after the catalog (described in section 305 [probably means section 304, set out above] and hereinafter referred to as the catalog) is issued, but not later than 90 days after the date such catalog is issued, convene regional rural conferences in 5 cities or towns in the United States. “(b) Preparations.—Prior to the conferences, the Office of Advocacy shall—“(1) select the sites for the conferences in order to encourage the maximum participation of all interested parties including private citizens and representatives of business, government, educational and nonprofit institutions; and “(2) distribute the catalog of programs and such other background materials prepared by the Office of Advocacy as the Chief Counsel deems appropriate. “(c) Purposes of the Conferences.—The conference shall—“(1) review the effectiveness of current Federal programs to promote rural small business and its needs, with particular reference to the catalog of such programs; “(2) review how current Federal programs could be made more accessible to small businesses located in rural areas; “(3) make recommendations on how current programs can be approved to better address small business needs in rural areas; “(4) review the availability and cost of capital, transportation, and telecommunications in rural areas; “(5) review the availability of technical assistance and training programs for small business needs in rural areas, including marketing, computer training, accounting, financing, and international trade; and “(6) determine any additional needs of small businesses in rural areas. “(d) Report.—The Chief Counsel for Advocacy shall prepare a summary of the findings and recommendations of each regional conference. Not later than 60 days after the last of the 5 regional conferences have been held, the Chief Counsel for Advocacy shall transmit such summaries to the Congress and the President, along with conclusions and recommendations, including specific legislative proposals and recommendations for administrative or other actions. The transmittal of the required information shall be deemed a report of the Chief Counsel for Advocacy under the terms and conditions of section 206 of Public Law 94305 [15 U.S.C. 634f]. To the extent practicable, the report shall estimate the cost of implementing each recommendation of a regional conference as well as those of the Chief Counsel.”
Rural Tourism Training ProgramPub. L. 101574, title III, § 311, Nov. 15, 1990, 104 Stat. 2832, provided that: “The Chief Counsel for Advocacy of the Small Business Administration shall conduct training sessions on the types of Federal assistance available for the development of rural small businesses engaged in tourism and tourism-related activities. Such training sessions shall be conducted in conjunction with the Office of Rural Affairs (established pursuant to section 26 of the Small Business Act [15 U.S.C. 653]) and appropriate personnel designated by each district office of the Administration.”
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# 15 U.S.C. § 654 - Paul D. Coverdell drug-free workplace program
## Text
(a) Definitions In this section:
(1) Drug-free workplace program The term “drug-free workplace program” means a program that includes—
(A) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against reporting to work or working under the influence of illegal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of violating those expectations and prohibitions;
(B) drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents;
(C) employee illegal drug testing, with analysis conducted by a drug testing laboratory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pathologists for forensic drug testing, and a review of each positive test result by a medical review officer;
(D) employee access to an employee assistance program, including confidential assessment, referral, and short-term problem resolution; and
(E) continuing alcohol and drug abuse prevention education.
(2) Eligible intermediary The term “eligible intermediary” means an organization—
(A) that has not less than 2 years of experience in carrying out drug-free workplace programs;
(B) that has a drug-free workplace policy in effect;
(C) that is located in a State, the District of Columbia, or a territory of the United States; and
(D) (i) the purpose of which is—
(I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or
(II) to provide other forms of assistance and services to small business concerns; or
(ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521 et seq.).
(3) Employee The term “employee” includes any—
(A) applicant for employment;
(B) employee;
(C) supervisor;
(D) manager;
(E) officer of a small business concern who is active in management of the concern; and
(F) owner of a small business concern who is active in management of the concern.
(4) Medical review officer The term “medical review officer”—
(A) means a licensed physician with knowledge of substance abuse disorders; and
(B) does not include any—
(i) employee of the small business concern; or
(ii) employee or agent of, or any person having a financial interest in, the laboratory for which the illegal drug test results are being reviewed.
(b) Establishment (1) In general There is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program.
(2) Additional grants for technical assistance In addition to grants under paragraph (1), the Administrator may make grants to, or enter into cooperative agreements or contracts with, any grantee for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program.
(3) 2-year grants Each grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator.
(c) Promotion of effective practices of eligible intermediaries (1) Technical assistance and information The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs.
(2) Evaluation of program (A) Data collection and analysis Each eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assistance provided under this section through the intermediary, including information regarding any increase or decrease among employees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph.
(B) Method of evaluation The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the effectiveness of drug-free workplace programs established with assistance provided under this section, including the information referred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the benefits of drug-free workplace programs to the small business concern and to the concerns employees and the identification of methods suitable for analyzing such information.
(d) Evaluation and coordination Not later than 18 months after October 21, 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall—
(1) evaluate the drug-free workplace programs established with assistance made available under this section; and
(2) submit to Congress a report describing the results of the evaluation under paragraph (1).
(e) Contract authority In carrying out this section, the Administrator may—
(1) contract with public and private entities to provide assistance related to carrying out the program under this section; and
(2) compensate those entities for provision of that assistance.
(f) Construction Nothing in this section may be construed to require an employer who attends a program offered by an intermediary to contract for any service offered by the intermediary.
(g) Authorization (1) In general There is authorized to be appropriated to carry out this section (other than subsection (b)(2)), $5,000,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph shall remain available until expended.
(2) Small business development centers Of the total amount made available under paragraph (1) for each of fiscal years 2005 and 2006, not more than the greater of 10 percent or $500,000 may be used to carry out section 648(c)(3)(T) of this title.
(3) Additional authorization for technical assistance grants There are authorized to be appropriated to carry out subsection (b)(2), $1,500,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph shall remain available until expended.
(4) Limitation on administrative costs Not more than 5 percent of the total amount made available under this subsection for any fiscal year shall be used for administrative costs (determined without regard to the administrative costs of eligible intermediaries).
(Pub. L. 85536, § 2[27], as added Pub. L. 101574, title III, § 310, Nov. 15, 1990, 104 Stat. 2831; amended Pub. L. 105277, div. C, title IX, § 904, Oct. 21, 1998, 112 Stat. 2681708; Pub. L. 106554, § 1(a)(9) [title V, § 503(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A695; Pub. L. 108447, div. K, title I, §§ 123126, Dec. 8, 2004, 118 Stat. 34493451.)
## Notes
Editorial Notes
References in TextThe National Narcotics Leadership Act of 1988, referred to in subsec. (a)(2)(D)(ii), is subtitle A of title I of Pub. L. 100690, Nov. 18, 1988, 102 Stat. 4181. Chapter 2 of the Act is classified generally to subchapter II (§ 1521 et seq.) of chapter 20 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under former section 1501 of Title 21 and Tables.
Amendments2004—Subsec. (a)(2)(D). Pub. L. 108447, § 125, amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “the purpose of which is— “(i) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or “(ii) to provide other forms of assistance and services to small business concerns.” Subsec. (b). Pub. L. 108447, § 124, designated existing provisions as par. (1), inserted heading, and added pars. (2) and (3). Subsec. (c). Pub. L. 108447, § 126, amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Each drug-free workplace program established with assistance made available under this section shall— “(1) include, as reasonably necessary and appropriate, practices and procedures to ensure the confidentiality of illegal drug test results and of any participation by an employee in a rehabilitation program; “(2) prohibit the mandatory disclosure of medical information by an employee prior to a confirmed positive illegal drug test; and “(3) require that a medical review officer reviewing illegal drug test results shall report only the final results, limited to those drugs for which the employee tests positive, in writing and in a manner designed to ensure the confidentiality of the results.” Subsec. (g)(1). Pub. L. 108447, § 123(a), substituted “(other than subsection (b)(2)), $5,000,000 for each of fiscal years 2005 and 2006. Amounts made available under this paragraph” for “, $5,000,000 for each of fiscal years 2001 through 2003. Amounts made available under this subsection”. Subsec. (g)(2). Pub. L. 108447, § 123(b), substituted “paragraph (1) for each of fiscal years 2005 and 2006, not more than the greater of 10 percent or $500,000” for “this subsection, not more than the greater of 10 percent or $1,000,000”. Subsec. (g)(3), (4). Pub. L. 108447, § 123(c), (d), added pars. (3) and (4). 2000—Pub. L. 106554, § 1(a)(9) [title V, § 503(a)(1)], substituted “Paul D. Coverdell drug-free workplace program” for “Drug-free workplace demonstration program” in section catchline. Subsec. (g)(1). Pub. L. 106554, § 1(a)(9) [title V, § 503(a)(2)], substituted “$5,000,000 for each of fiscal years 2001 through 2003” for “$10,000,000 for fiscal years 1999 and 2000”. 1998—Pub. L. 105277 amended section catchline and text generally. Prior to amendment, text consisted of subsecs. (a) to (c) authorizing Administration to make grants to conduct tourism demonstration programs, establishing purpose of program, placing a condition on grant recipients, authorizing appropriations, and requiring report to President and Congress.
Statutory Notes and Related Subsidiaries
Findings and Purposes of 1998 AmendmentPub. L. 105277, div. C, title IX, § 902, Oct. 21, 1998, 112 Stat. 2681707, provided that: “(a) Findings.—Congress finds that—“(1) 74 percent of adults who use illegal drugs are employed; “(2) small business concerns employ over 50 percent of the Nations workforce; “(3) in more than 88 percent of families with children under the age of 18, at least 1 parent is employed; and “(4) employees who use and abuse addictive illegal drugs and alcohol increase costs for businesses and risk the health and safety of all employees because—“(A) absenteeism is 66 percent higher among drug users than individuals who do not use drugs; “(B) health benefit utilization is 300 percent higher among drug users than individuals who do not use drugs; “(C) 47 percent of workplace accidents are drug-related; “(D) disciplinary actions are 90 percent higher among drug users than among individuals who do not use drugs; and “(E) employee turnover is significantly higher among drug users than among individuals who do not use drugs. “(b) Purposes.—The purposes of this title [see Short Title of 1998 Amendment note set out under section 631 of this title] are to—“(1) educate small business concerns about the advantages of a drug-free workplace; “(2) provide grants and technical assistance in addition to financial incentives to enable small business concerns to create a drug-free workplace; “(3) assist working parents in keeping their children drug-free; and “(4) encourage small business employers and employees alike to participate in drug-free workplace programs.”
Sense of Congress for 1998 AmendmentPub. L. 105277, div. C, title IX, § 903, Oct. 21, 1998, 112 Stat. 2681708, provided that: “It is the sense of Congress that— “(1) businesses should adopt drug-free workplace programs; “(2) States should consider incentives to encourage businesses to adopt drug-free workplace programs; and “(3) such incentives may include—“(A) financial incentives, including—“(i) a reduction in workers compensation premiums; “(ii) a reduction in unemployment insurance premiums; and “(iii) tax deductions in an amount equal to the amount of expenditures for employee assistance programs, treatment, or illegal drug testing; and “(B) other incentives, such as the adoption of liability limitations, as recommended by the Presidents Commission on Model State Drug Laws.”
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---
# 15 U.S.C. § 655 - Pilot Technology Access Program
## Text
(a) Establishment The Administration, in consultation with the National Institute of Standards and Technology and the National Technical Information Service, shall establish a Pilot Technology Access Program, for making awards under this section to Small Business Development Centers (hereinafter in this section referred to as “Centers”).
(b) Criteria for selection of Centers The Administrator of the Small Business Administration shall establish competitive, merit-based criteria for the selection of Centers to receive awards on the basis of—
(1) the ability of the applicant to carry out the purposes described in subsection (d) in a manner relevant to the needs of industries in the area served by the Center;
(2) the ability of the applicant to integrate the implementation of this program with existing Federal and State technical and business assistance resources; and
(3) the ability of the applicant to continue providing technology access after the termination of this pilot program.
(c) Matching requirement To be eligible to receive an award under this section, an applicant shall provide a matching contribution at least equal to that received under such award, not more than 50 percent of which may be waived overhead or in-kind contributions.
(d) Purpose of awards Awards made under this section shall be for the purpose of increasing access by small businesses to on-line data base services that provide technical and business information, and access to technical experts, in a wide range of technologies, through such activities as—
(1) defraying the cost of access by small businesses to the data base services;
(2) training small businesses in the use of the data base services; and
(3) establishing a public point of access to the data base services.
Activities described in paragraphs (1) through (3) may be carried out through contract with a private entity.
(e) Renewal of awards Awards previously made under section 648a 11 See References in Text note below. of this title may be renewed under this section.
(f) Interim report Two years after the date on which the first award was issued under section 648a 1 of this title, the General Accounting Office shall submit to the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Small Business and the Committee on Commerce, Science, and Transportation of the Senate, an interim report on the implementation of the program under such section and this section, including the judgments of the participating Centers as to its effect on small business productivity and innovation.
(g) Final report Three years after such date, the General Accounting Office shall submit to the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives and to the Committee on Small Business and the Committee on Commerce, Science and Transportation of the Senate, a final report evaluating the effectiveness of the Program under section 648a 1 of this title and this section in improving small business productivity and innovation.
(h) Authorization of appropriations There are authorized to be appropriated to the Small Business Administration $5 million for each of fiscal years 1992 through 1995 to carry out this section, and such amounts may remain available until expended.
(i) Funding from other sources; employment of Centers by Federal agencies Centers are encouraged to seek funding from Federal and non-Federal sources other than those provided for in this section to assist small businesses in the identification of appropriate technologies to fill their needs, the transfer of technologies from Federal laboratories, public and private universities, and other public and private institutions, the analysis of commercial opportunities represented by such technologies, and such other functions as the development, business planning, market research, and financial packaging required for commercialization. Insofar as such Centers pursue these activities, Federal agencies are encouraged to employ these Centers to interface with small businesses for such purposes as facilitating small business participation in Federal procurement and fostering commercialization of Federally-funded research and development.
(Pub. L. 85536, § 2[28], as added Pub. L. 102140, title VI, § 609(d), Oct. 28, 1991, 105 Stat. 825.)
## Notes
Editorial Notes
References in TextSection 648a of this title, referred to in subsecs. (e) to (g), was repealed by Pub. L. 102140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826, effective Oct. 1, 1992.
Statutory Notes and Related Subsidiaries
Change of Name General Accounting Office redesignated Government Accountability Office by section 8 of Pub. L. 108271, set out as a note under section 702 of Title 31, Money and Finance. Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
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# 15 U.S.C. § 656 - Womens Business Center program
## Text
(a) Definitions In this section—
(1) the term “Assistant Administrator” means the Assistant Administrator of the Office of Womens Business Ownership established under subsection (g);
(2) the term “private nonprofit organization” means an entity that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of such title;
(3) the term “small business concern owned and controlled by women”, either startup or existing, includes any small business concern—
(A) that is not less than 51 percent owned by 1 or more women; and
(B) the management and daily business operations of which are controlled by 1 or more women; and
(4) the term “womens business center site” means the location of—
(A) a womens business center; or
(B) 1 or more womens business centers, established in conjunction with another womens business center in another location within a State or region—
(i) that reach a distinct population that would otherwise not be served;
(ii) whose services are targeted to women; and
(iii) whose scope, function, and activities are similar to those of the primary womens business center or centers in conjunction with which it was established.
(b) Authority The Administration may provide financial assistance to private nonprofit organizations to conduct 5-year projects for the benefit of small business concerns owned and controlled by women. The projects shall provide—
(1) financial assistance, including training and counseling in how to apply for and secure business credit and investment capital, preparing and presenting financial statements, and managing cash flow and other financial operations of a business concern;
(2) management assistance, including training and counseling in how to plan, organize, staff, direct, and control each major activity and function of a small business concern; and
(3) marketing assistance, including training and counseling in identifying and segmenting domestic and international market opportunities, preparing and executing marketing plans, developing pricing strategies, locating contract opportunities, negotiating contracts, and utilizing varying public relations and advertising techniques.
(c) Conditions of participation (1) Non-Federal contributions As a condition of receiving financial assistance authorized by this section, the recipient organization shall agree to obtain, after its application has been approved and notice of award has been issued, cash contributions from non-Federal sources as follows:
(A) in the first and second years, 1 non-Federal dollar for each 2 Federal dollars; and
(B) in the third, fourth, and fifth years, 1 non-Federal dollar for each Federal dollar.
(2) Form of non-Federal contributions Not more than one-half of the non-Federal sector matching assistance may be in the form of in-kind contributions that are budget line items only, including office equipment and office space.
(3) Form of Federal contributions The financial assistance authorized pursuant to this section may be made by grant, contract, or cooperative agreement and may contain such provision, as necessary, to provide for payments in lump sum or installments, and in advance or by way of reimbursement. The Administration may disburse up to 25 percent of each years Federal share awarded to a recipient organization after notice of the award has been issued and before the non-Federal sector matching funds are obtained.
(4) Failure to obtain non-Federal funding If any recipient of assistance fails to obtain the required non-Federal contribution during any project, it shall not be eligible thereafter for advance disbursements pursuant to paragraph (3) during the remainder of that project, or for any other project for which it is or may be funded by the Administration, and prior to approving assistance to such organization for any other projects, the Administration shall specifically determine whether the Administration believes that the recipient will be able to obtain the requisite non-Federal funding and enter a written finding setting forth the reasons for making such determination.
(d) Contract authority A womens business center may enter into a contract with a Federal department or agency to provide specific assistance to women and other underserved small business concerns. Performance of such contract should not hinder the womens business centers in carrying out the terms of the grant received by the womens business centers from the Administration.
(e) Submission of 5-year plan Each applicant organization initially shall submit a 5-year plan to the Administration on proposed fundraising and training activities, and a recipient organization may receive financial assistance under this program for a maximum of 5 years per womens business center site.
(f) Criteria The Administration shall evaluate and rank applicants in accordance with predetermined selection criteria that shall be stated in terms of relative importance. Such criteria and their relative importance shall be made publicly available and stated in each solicitation for applications made by the Administration. The criteria shall include—
(1) the experience of the applicant in conducting programs or ongoing efforts designed to impart or upgrade the business skills of women business owners or potential owners;
(2) the present ability of the applicant to commence a project within a minimum amount of time;
(3) the ability of the applicant to provide training and services to a representative number of women who are both socially and economically disadvantaged; and
(4) the location for the womens business center site proposed by the applicant.
(g) Office of Womens Business Ownership (1) Establishment There is established within the Administration an Office of Womens Business Ownership, which shall be responsible for the administration of the Administrations programs for the development of womens business enterprises (as defined in section 7108 of this title). The Office of Womens Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator.
(2) Assistant Administrator of the Office of Womens Business Ownership (A) Qualification The position of Assistant Administrator shall be a Senior Executive Service position under section 3132(a)(2) of title 5. The Assistant Administrator shall serve as a noncareer appointee (as defined in section 3132(a)(7) of that title).
(B) Responsibilities and duties (i) Responsibilities The responsibilities of the Assistant Administrator shall be to administer the programs and services of the Office of Womens Business Ownership established to assist women entrepreneurs in the areas of—
(I) starting and operating a small business;
(II) development of management and technical skills;
(III) seeking Federal procurement opportunities; and
(IV) increasing the opportunity for access to capital.
(ii) Duties The Assistant Administrator shall—
(I) administer and manage the Womens Business Center program;
(II) recommend the annual administrative and program budgets for the Office of Womens Business Ownership (including the budget for the Womens Business Center program);
(III) establish appropriate funding levels therefore 11 So in original. Probably should be “therefor”. ;
(IV) review the annual budgets submitted by each applicant for the Womens Business Center program;
(V) select applicants to participate in the program under this section;
(VI) implement this section;
(VII) maintain a clearinghouse to provide for the dissemination and exchange of information between womens business centers;
(VIII) serve as the vice chairperson of the Interagency Committee on Womens Business Enterprise;
(IX) serve as liaison for the National Womens Business Council; and
(X) advise the Administrator on appointments to the Womens Business Council.
(C) Consultation requirements In carrying out the responsibilities and duties described in this paragraph, the Assistant Administrator shall confer with and seek the advice of the Administration officials in areas served by the womens business centers.
(h) Program examination (1) In general The Administration shall—
(A) develop and implement an annual programmatic and financial examination of each womens business center established pursuant to this section, pursuant to which each such center shall provide to the Administration—
(i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and
(ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the center during the preceding year in order to meet the requirements of subsection (c) and, with respect to any in-kind contributions described in subsection (c)(2) that were used to satisfy the requirements of subsection (c), verification of the existence and valuation of those contributions; and
(B) analyze the results of each such examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each womens business center.
(2) Conditions for continued funding In determining whether to award a contract (as a sustainability grant) under subsection (l) or to renew a contract (either as a grant or cooperative agreement) under this section with a womens business center, the Administration—
(A) shall consider the results of the most recent examination of the center under paragraph (1); and
(B) may withhold such award or renewal, if the Administration determines that—
(i) the center has failed to provide any information required to be provided under clause (i) or (ii) of paragraph (1)(A), or the information provided by the center is inadequate; or
(ii) the center has failed to provide any information required to be provided by the center for purposes of the report of the Administration under subsection (j), or the information provided by the center is inadequate.
(i) Contract authority The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, it shall not suspend, terminate, or fail to renew or extend any such contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore 1 and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5.
(j) Management report (1) In general The Administration shall prepare and submit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of all projects conducted under this section.
(2) Contents Each report submitted under paragraph (1) shall include information concerning, with respect to each womens business center established pursuant to this section—
(A) the number of individuals receiving assistance;
(B) the number of startup business concerns formed;
(C) the gross receipts of assisted concerns;
(D) the employment increases or decreases of assisted concerns;
(E) to the maximum extent practicable, increases or decreases in profits of assisted concerns; and
(F) the most recent analysis, as required under subsection (h)(1)(B), and the subsequent determination made by the Administration under that subsection.
(k) Authorization of appropriations (1) In general There is authorized to be appropriated, to remain available until the expiration of the pilot program under subsection (l)—
(A) $12,000,000 for fiscal year 2000;
(B) $12,800,000 for fiscal year 2001;
(C) $13,700,000 for fiscal year 2002; and
(D) $14,500,000 for fiscal year 2003.
(2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 1999, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section.
(B) Exceptions Of the amount made available under this subsection for a fiscal year, the following amounts shall be available for selection panel costs, post-award conference costs, and costs related to monitoring and oversight:
(i) For fiscal year 2000, 2 percent.
(ii) For fiscal year 2001, 1.9 percent.
(iii) For fiscal year 2002, 1.9 percent.
(iv) For fiscal year 2003, 1.6 percent.
(3) Expedited acquisition Notwithstanding any other provision of law, the Administrator, acting through the Assistant Administrator, may use such expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business sources are provided a reasonable opportunity to submit proposals.
(4) Reservation of funds for sustainability pilot program (A) In general Subject to subparagraph (B), of the total amount made available under this subsection for a fiscal year, the following amounts shall be reserved for sustainability grants under subsection (l):
(i) For fiscal year 2000, 17 percent.
(ii) For fiscal year 2001, 18.8 percent.
(iii) For fiscal year 2002, 30.2 percent.
(iv) For fiscal year 2003, 30.2 percent.
(B) Use of unawarded funds for sustainability pilot program grants If the amount reserved under subparagraph (A) for any fiscal year is not fully awarded to private nonprofit organizations described in subsection (l)(1)(B), the Administration is authorized to use the unawarded amount to fund additional womens business center sites or to increase funding of existing womens business center sites under subsection (b).
(l) Repealed. Pub. L. 11028, title VIII, § 8305(b), May 25, 2007, 121 Stat. 210
(m) Continued funding for centers (1) In general A nonprofit organization described in paragraph (2) shall be eligible to receive, subject to paragraph (3), a 3-year grant under this subsection.
(2) Applicability A nonprofit organization described in this paragraph is a nonprofit organization that has received funding under subsection (b) or (l).
(3) Application and approval criteria (A) Criteria Subject to subparagraph (B), the Administrator shall develop and publish criteria for the consideration and approval of applications by nonprofit organizations under this subsection.
(B) Contents Except as otherwise provided in this subsection, the conditions for participation in the grant program under this subsection shall be the same as the conditions for participation in the program under subsection (l), as in effect on May 25, 2007.
(C) Notification Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this subsection and notify the applicant for each such application.
(4) Award of grants (A) In general Subject to the availability of appropriations, the Administrator shall make a grant for the Federal share of the cost of activities described in the application to each applicant approved under this subsection.
(B) Amount A grant under this subsection shall be for not more than $150,000, for each year of that grant.
(C) Federal share The Federal share under this subsection shall be not more than 50 percent.
(D) Priority In allocating funds made available for grants under this section, the Administrator shall give applications under this subsection or subsection (l) priority over first-time applications under subsection (b).
(5) Renewal (A) In general The Administrator may renew a grant under this subsection for additional 3-year periods, if the nonprofit organization submits an application for such renewal at such time, in such manner, and accompanied by such information as the Administrator may establish.
(B) Unlimited renewals There shall be no limitation on the number of times a grant may be renewed under subparagraph (A).
(n) Privacy requirements (1) In general A womens business center may not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless—
(A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or
(B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a womens business center, but a disclosure under this subparagraph shall be limited to the information necessary for such audit.
(2) Administration use of information This subsection shall not—
(A) restrict Administration access to program activity data; or
(B) prevent the Administration from using client information (other than the information described in subparagraph (A)) to conduct client surveys.
(3) Regulations The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B).
(o) Study and report on representation of women (1) Study The Administrator shall periodically conduct a study to identify industries, as defined under the North American Industry Classification System, underrepresented by small business concerns owned and controlled by women.
(2) Report Not later than 3 years after January 2, 2013, and every 5 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report.
(Pub. L. 85536, § 2[29], formerly § 2[28], as added Pub. L. 102191, § 2, Dec. 5, 1991, 105 Stat. 1589; renumbered § 2[29] and amended Pub. L. 103403, title IV, §§ 411, 412, Oct. 22, 1994, 108 Stat. 4192, 4193; Pub. L. 105135, title III, § 308(a), Dec. 2, 1997, 111 Stat. 2611; Pub. L. 10617, §§ 2(a), 3, Apr. 6, 1999, 113 Stat. 27; Pub. L. 106165, §§ 24(b), Dec. 9, 1999, 113 Stat. 17951798; Pub. L. 11028, title VIII, § 8305(a), (b), May 25, 2007, 121 Stat. 209, 210; Pub. L. 111240, title I, § 1401(b), (c)(2), Sept. 27, 2010, 124 Stat. 2549, 2550; Pub. L. 112239, div. A, title XVI, § 1697(b), Jan. 2, 2013, 126 Stat. 2091; Pub. L. 113291, div. A, title VIII, § 825(c), Dec. 19, 2014, 128 Stat. 3438.)
## Notes
Editorial Notes
References in TextSubsec. (l), referred to in subsecs. (h)(2), (k)(1), (4), and (m)(2), (3)(B), (4)(D), was repealed by Pub. L. 11028, title VIII, § 8305(b), May 25, 2007, 121 Stat. 210, effective Oct. 1 of the first full fiscal year after May 25, 2007.
Codification May 25, 2007, referred to in subsec. (m)(3)(B), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 11028, which enacted subsec. (m), to reflect the probable intent of Congress.
Amendments2014—Subsec. (o)(2). Pub. L. 113291 substituted “3 years after January 2, 2013” for “5 years after January 2, 2013”. 2013—Subsec. (o). Pub. L. 112239 added subsec. (o). 2010—Subsec. (c)(1). Pub. L. 111240, § 1401(c)(2)(A), substituted “As a condition” for “Subject to paragraph (5), as a condition” in introductory provisions. Pub. L. 111240, § 1401(b)(1), substituted “Subject to paragraph (5), as a condition” for “As a condition” in introductory provisions. Subsec. (c)(5). Pub. L. 111240, § 1401(c)(2)(B), struck out par. (5) which related to waiver of non-Federal share relating to technical assistance and counseling. Pub. L. 111240, § 1401(b)(2), added par. (5). 2007—Subsec. (l). Pub. L. 11028, § 8305(b), struck out subsec. (l) which related to establishment of a sustainability pilot program. Subsecs. (m), (n). Pub. L. 11028, § 8305(a), added subsecs. (m) and (n). 1999—Subsec. (a)(2) to (4). Pub. L. 106165, § 2(1), added par. (2) and redesignated former pars. (2) and (3) as pars. (3) and (4), respectively. Subsec. (b). Pub. L. 106165, § 2(2), inserted “nonprofit” after “private” in introductory provisions. Subsec. (c)(1). Pub. L. 10617, § 2(a), inserted “and” after the semicolon in subpar. (A), added subpar. (B), and struck out former subpars. (B) and (C) which read as follows: “(B) in the third and fourth years, 1 non-Federal dollar for each Federal dollar; and “(C) in the fifth year, 2 non-Federal dollars for each Federal dollar.” Subsec. (h). Pub. L. 106165, § 3(1), added subsec. (h) and struck out heading and text of former subsec. (h). Text read as follows: “(1) In general.—Not later than 180 days after December 2, 1997, the Administrator shall develop and implement an annual programmatic and financial examination of each womens business center established pursuant to this section. “(2) Extension of contracts.—In extending or renewing a contract with a womens business center, the Administrator shall consider the results of the examination conducted under paragraph (1).” Subsec. (j). Pub. L. 106165, § 3(2), added subsec. (j) and struck out heading and text of former subsec. (j). Text read as follows: “The Administrator shall prepare and submit an annual report to the Committees on Small Business of the House of Representatives and the Senate on the effectiveness of all projects conducted under the authority of this section. Such report shall provide information concerning— “(1) the number of individuals receiving assistance; “(2) the number of startup business concerns formed; “(3) the gross receipts of assisted concerns; “(4) increases or decreases in profits of assisted concerns; and “(5) the employment increases or decreases of assisted concerns.” Subsec. (k)(1). Pub. L. 106165, § 4(b)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “There is authorized to be appropriated $11,000,000 for each fiscal year to carry out the projects authorized under this section, of which, for fiscal year 1998, not more than 5 percent may be used for administrative expenses related to the program under this section.” Pub. L. 10617, § 3, substituted “$11,000,000” for “$8,000,000”. Subsec. (k)(2). Pub. L. 106165, § 4(b)(2), designated existing provisions as subpar. (A), inserted heading, substituted “Except as provided in subparagraph (B), amounts made” for “Amounts made”, and added subpar. (B). Subsec. (k)(4). Pub. L. 106165, § 4(b)(3), added par. (4). Subsec. (l). Pub. L. 106165, § 4(a), added subsec. (l). 1997—Pub. L. 105135 amended section generally, substituting provisions relating to womens business center program for provisions relating to womens demonstration projects. 1994—Subsec. (g). Pub. L. 103403, § 411(2), substituted “1997” for “1995”. Subsec. (h). Pub. L. 103403, § 412, added subsec. (h).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
Effective Date of 2010 AmendmentPub. L. 111240, title I, § 1401(c), Sept. 27, 2010, 124 Stat. 2549, provided that the amendment made by section 1401(c)(2) is effective Oct. 1, 2012.
Effective Date of 2007 AmendmentPub. L. 11028, title VIII, § 8305(b), May 25, 2007, 121 Stat. 210, provided that the amendment made by section 8305(b) is effective Oct. 1 of the first full fiscal year after May 25, 2007.
Effective Date of 1999 AmendmentsPub. L. 106165, § 6, Dec. 9, 1999, 113 Stat. 1801, provided that: “This Act [amending this section and enacting provisions set out as notes under this section and section 631 of this title] and the amendments made by this Act shall take effect on October 1, 1999.” Pub. L. 10617, § 2(b), Apr. 6, 1999, 113 Stat. 27, provided that: “The amendments made by this section [amending this section] shall apply beginning October 1, 1998.”
Effective Date of 1997 AmendmentAmendment by Pub. L. 105135 effective Oct. 1, 1997, see section 3 of Pub. L. 105135, set out as a note under section 631 of this title.
RegulationsPub. L. 106165, § 4(c), Dec. 9, 1999, 113 Stat. 1799, provided that: “Not later than 30 days after the date of enactment of this Act [Dec. 9, 1999], the Administrator of the Small Business Administration shall issue guidelines to implement the amendments made by this section [amending this section].”
Transitional RulePub. L. 11028, title VIII, § 8305(c), May 25, 2007, 121 Stat. 210, provided that: “Notwithstanding any other provision of law, a grant or cooperative agreement that was awarded under subsection (l) of section 29 of the Small Business Act (15 U.S.C. 656), on or before the day before the date described in subsection (b) of this section [set out as an Effective Date of 2007 Amendment note above], shall remain in full force and effect under the terms, and for the duration, of such grant or agreement.”
ApplicabilityPub. L. 105135, title III, § 308(b), Dec. 2, 1997, 111 Stat. 2615, provided that: “(1) In general.—Subject to paragraph (2), any organization conducting a 3-year project under section 29 of the Small Business Act (15 U.S.C. 656) (as in effect on the day before the effective date of this Act [Dec. 2, 1997]) on September 30, 1997, may request an extension of the term of that project to a total term of 5 years. If such an extension is made, the organization shall receive financial assistance in accordance with section 29(c) of the Small Business Act (as amended by this section) subject to procedures established by the Administrator, in coordination with the Assistant Administrator of the Office of Womens Business Ownership established under section 29 of the Small Business Act (15 U.S.C. 656) (as amended by this section). “(2) Terms of assistance for certain organizations.—Any organization operating in the third year of a 3-year project under section 29 of the Small Business Act (15 U.S.C. 656) (as in effect on the day before the effective date of this Act) on September 30, 1997, may request an extension of the term of that project to a total term of 5 years. If such an extension is made, during the fourth and fifth years of the project, the organization shall receive financial assistance in accordance with section 29(c)(1)(C) of the Small Business Act (as amended by this section) subject to procedures established by the Administrator, in coordination with the Assistant Administrator of the Office of Womens Business Ownership established under section 29 of the Small Business Act (15 U.S.C. 656) (as amended by this section).”
@@ -0,0 +1,103 @@
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# 15 U.S.C. § 657 - Oversight of regulatory enforcement
## Text
(a) Definitions For purposes of this section, the term—
(1) “Board” means a Regional Small Business Regulatory Fairness Board established under subsection (c); and
(2) “Ombudsman” means the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under subsection (b).
(b) SBA Enforcement Ombudsman (1) Not later than 180 days after March 29, 1996, the Administrator shall designate a Small Business and Agriculture Regulatory Enforcement Ombudsman, who shall report directly to the Administrator, utilizing personnel of the Small Business Administration to the extent practicable. Other agencies shall assist the Ombudsman and take actions as necessary to ensure compliance with the requirements of this section. Nothing in this section is intended to replace or diminish the activities of any Ombudsman or similar office in any other agency.
(2) The Ombudsman shall—
(A) work with each agency with regulatory authority over small businesses to ensure that small business concerns that receive or are subject to an audit, on-site inspection, compliance assistance effort, or other enforcement related communication or contact by agency personnel are provided with a means to comment on the enforcement activity conducted by such personnel;
(B) establish means to receive comments from small business concerns regarding actions by agency employees conducting compliance or enforcement activities with respect to the small business concern, means to refer comments to the Inspector General of the affected agency in the appropriate circumstances, and otherwise seek to maintain the identity of the person and small business concern making such comments on a confidential basis to the same extent as employee identities are protected under section 407 of title 5;
(C) based on substantiated comments received from small business concerns and the Boards, annually report to Congress and affected agencies evaluating the enforcement activities of agency personnel including a rating of the responsiveness to small business of the various regional and program offices of each agency;
(D) coordinate and report annually on the activities, findings and recommendations of the Boards to the Administrator and to the heads of affected agencies; and
(E) provide the affected agency with an opportunity to comment on draft reports prepared under subparagraph (C), and include a section of the final report in which the affected agency may make such comments as are not addressed by the Ombudsman in revisions to the draft.
(c) Regional Small Business Regulatory Fairness Boards (1) Not later than 180 days after March 29, 1996, the Administrator shall establish a Small Business Regulatory Fairness Board in each regional office of the Small Business Administration.
(2) Each Board established under paragraph (1) shall—
(A) meet at least annually to advise the Ombudsman on matters of concern to small businesses relating to the enforcement activities of agencies;
(B) report to the Ombudsman on substantiated instances of excessive enforcement actions of agencies against small business concerns including any findings or recommendations of the Board as to agency enforcement policy or practice; and
(C) prior to publication, provide comment on the annual report of the Ombudsman prepared under subsection (b).
(3) Each Board shall consist of five members, who are owners, operators, or officers of small business concerns, appointed by the Administrator, after receiving the recommendations of the chair and ranking minority member of the Committees on Small Business of the House of Representatives and the Senate. Not more than three of the Board members shall be of the same political party. No member shall be an officer or employee of the Federal Government, in either the executive branch or the Congress.
(4) Members of the Board shall serve at the pleasure of the Administrator for terms of three years or less.
(5) The Administrator shall select a chair from among the members of the Board who shall serve at the pleasure of the Administrator for not more than 1 year as chair.
(6) A majority of the members of the Board shall constitute a quorum for the conduct of business, but a lesser number may hold hearings.
(d) Powers of Boards (1) The Board may hold such hearings and collect such information as appropriate for carrying out this section.
(2) The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(3) The Board may accept donations of services necessary to conduct its business, provided that the donations and their sources are disclosed by the Board.
(4) Members of the Board shall serve without compensation, provided that, members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Board.
(e) Centralized website Not later than 6 months after October 10, 2022, the Ombudsman shall maintain a publicly available website that includes—
(1) hyperlinks to small entity compliance guides described under section 212(a)(1) of the Small Business Regulatory Enforcement Fairness Act of 1996; and
(2) with respect to each such small entity compliance guide, the contact information for an individual who can offer assistance to small entities with respect to the rules that are the subject of such guide.
(f) Report on agency compliance The Ombudsman shall include in the annual report required under subsection (b)(2)(C) an assessment of agency compliance with the requirements of section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 for the year covered by such annual report.
(Pub. L. 85536, § 2[30], as added Pub. L. 104121, title II, § 222(2), Mar. 29, 1996, 110 Stat. 860; amended Pub. L. 117188, § 2, Oct. 10, 2022, 136 Stat. 2203; Pub. L. 117286, § 4(b)(37), Dec. 27, 2022, 136 Stat. 4347.)
## Notes
Editorial Notes
References in TextSection 212 of the Small Business Regulatory Enforcement Fairness Act of 1996, referred to in subsecs. (e)(1) and (f), is section 212 of title II of Pub. L. 104121, which is set out in a note under section 601 of Title 5, Government Organization and Employees.
Prior ProvisionsA prior section 2[30] of Pub. L. 85536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Amendments2022—Subsec. (b)(2)(B). Pub. L. 117286 substituted “section 407 of title 5;” for “section 7 of the Inspector General Act of 1978 (5 U.S.C. App.);”. Subsecs. (e), (f). Pub. L. 117188 added subsecs. (e) and (f).
Statutory Notes and Related Subsidiaries
Change of Name Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
Effective DateSection effective on expiration of 90 days after Mar. 29, 1996, see section 224 of Pub. L. 104121 set out in a Small Business Regulatory Fairness note under section 601 of Title 5, Government Organization and Employees.
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# 15 U.S.C. § 657c - Repealed. Pub. L. 112239, div. A, title XVI, § 1699(a), Jan. 2, 2013, 126 Stat. 2092
## Notes
Section, Pub. L. 85536, § 2[33], as added Pub. L. 10650, title II, § 202(a), Aug. 17, 1999, 113 Stat. 236; amended Pub. L. 106554, § 1(a)(9) [title VIII, § 808], Dec. 21, 2000, 114 Stat. 2763, 2763A706; Pub. L. 108447, div. B, title VI, § 636, div. K, title I, §§ 143(a), 146, Dec. 8, 2004, 118 Stat. 2922, 3455; Pub. L. 110186, title I, § 103(a), Feb. 14, 2008, 122 Stat. 625, established the National Veterans Business Development Corporation.
Statutory Notes and Related Subsidiaries
Representation of AuthorizationPub. L. 112239, div. A, title XVI, § 1699(b), Jan. 2, 2013, 126 Stat. 2092, provided that: “On and after the date of enactment of this Act [Jan. 2, 2013], the National Veterans Business Development Corporation and any successor thereto may not represent that the corporation is federally chartered or in any other manner authorized by the Federal Government.”
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# 15 U.S.C. § 657d - Federal and State Technology Partnership Program
## Text
(a) Definitions In this section and section 657e of this title, the following definitions apply:
(1) Applicant The term “applicant” means an entity, organization, or individual that submits a proposal for an award or a cooperative agreement under this section.
(2) Business advice and counseling The term “business advice and counseling” means providing advice and assistance on matters described in section 657e(c)(2)(B) of this title to small business concerns to guide them through the SBIR and STTR program process, from application to award and successful completion of each phase of the program.
(3) Catastrophic incident The term “catastrophic incident” means a major disaster that is comparable to the description of a catastrophic incident in the National Response Plan of the Administration, or any successor thereto.
(4) FAST program The term “FAST program” means the Federal and State Technology Partnership Program established under this section.
(5) Mentor The term “mentor” means an individual described in section 657e(c)(2) of this title.
(6) Mentoring Network The term “Mentoring Network” means an association, organization, coalition, or other entity (including an individual) that meets the requirements of section 657e(c) of this title.
(7) Recipient The term “recipient” means a person that receives an award or becomes party to a cooperative agreement under this section.
(8) SBIR program The term “SBIR program” has the same meaning as in section 638(e)(4) of this title.
(9) State The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(10) STTR program The term “STTR program” has the same meaning as in section 638(e)(6) of this title.
(b) Establishment of Program The Administrator shall establish a program to be known as the Federal and State Technology Partnership Program, the purpose of which shall be to strengthen the technological competitiveness of small business concerns in the States.
(c) Grants and cooperative agreements (1) Joint review In carrying out the FAST program under this section, the Administrator and the SBIR program managers at the National Science Foundation and the Department of Defense shall jointly review proposals submitted by applicants and may make awards or enter into cooperative agreements under this section based on the factors for consideration set forth in paragraph (2), in order to enhance or develop in a State—
(A) technology research and development by small business concerns;
(B) technology transfer from university research to technology-based small business concerns;
(C) technology deployment and diffusion benefiting small business concerns;
(D) the technological capabilities of small business concerns through the establishment or operation of consortia comprised of entities, organizations, or individuals, including—
(i) State and local development agencies and entities;
(ii) representatives of technology-based small business concerns;
(iii) industries and emerging companies;
(iv) universities; and
(v) small business development centers; and
(E) outreach, financial support, and technical assistance to technology-based small business concerns participating in or interested in participating in an SBIR program, including initiatives—
(i) to make grants or loans to companies to pay a portion or all of the cost of developing SBIR proposals;
(ii) to establish or operate a Mentoring Network within the FAST program to provide business advice and counseling that will assist small business concerns that have been identified by FAST program participants, program managers of participating SBIR agencies, the Administration, or other entities that are knowledgeable about the SBIR and STTR programs as good candidates for the SBIR and STTR programs, and that would benefit from mentoring, in accordance with section 657e of this title;
(iii) to create or participate in a training program for individuals providing SBIR outreach and assistance at the State and local levels; and
(iv) to encourage the commercialization of technology developed through SBIR program funding.
(2) Selection considerations In making awards or entering into cooperative agreements under this section, the Administrator and the SBIR program managers referred to in paragraph (1)—
(A) may only consider proposals by applicants that intend to use a portion of the Federal assistance provided under this section to provide outreach, financial support, or technical assistance to technology-based small business concerns participating in or interested in participating in the SBIR program;
(B) shall consider, at a minimum—
(i) whether the applicant has demonstrated that the assistance to be provided would address unmet needs of small business concerns in the community, and whether it is important to use Federal funding for the proposed activities;
(ii) whether the applicant has demonstrated that a need exists to increase the number or success of small high-technology businesses in the State, as measured by the number of first phase and second phase SBIR awards that have historically been received by small business concerns in the State;
(iii) whether the projected costs of the proposed activities are reasonable;
(iv) whether the proposal integrates and coordinates the proposed activities with other State and local programs assisting small high-technology firms in the State;
(v) the manner in which the applicant will measure the results of the activities to be conducted; and
(vi) whether the proposal addresses the needs of small business concerns—
(I) owned and controlled by women;
(II) owned and controlled by minorities; and
(III) located in areas that have historically not participated in the SBIR and STTR programs; and
(C) shall give special consideration to an applicant that is located in an area affected by a catastrophic incident.
(3) Proposal limit Not more than one proposal may be submitted for inclusion in the FAST program under this section to provide services in any one State in any 1 fiscal year.
(4) Process Proposals and applications for assistance under this section shall be in such form and subject to such procedures as the Administrator shall establish. The Administrator shall promulgate regulations establishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).
(5) Additional assistance for catastrophic incidents Upon application by an applicant that receives an award or has in effect a cooperative agreement under this section and that is located in an area affected by a catastrophic incident, the Administrator may—
(A) provide additional assistance to the applicant; and
(B) waive the matching requirements under subsection (e)(2).
(d) Cooperation and coordination In carrying out the FAST program under this section, the Administrator shall cooperate and coordinate with—
(1) Federal agencies required by section 638 of this title to have an SBIR program; and
(2) entities, organizations, and individuals actively engaged in enhancing or developing the technological capabilities of small business concerns, including—
(A) State and local development agencies and entities;
(B) State committees established under the Experimental Program to Stimulate Competitive Research of the National Science Foundation (as established under section 1862g of title 42);
(C) State science and technology councils; and
(D) representatives of technology-based small business concerns.
(e) Administrative requirements (1) Competitive basis Awards and cooperative agreements under this section shall be made or entered into, as applicable, on a competitive basis.
(2) Matching requirements (A) In general The non-Federal share of the cost of an activity (other than a planning activity) carried out using an award or under a cooperative agreement under this section shall be—
(i) 50 cents for each Federal dollar, in the case of a recipient that will serve small business concerns located in one of the 18 States receiving the fewest SBIR first phase awards (as described in section 638(e)(4)(A) of this title);
(ii) except as provided in subparagraph (B), 1 dollar for each Federal dollar, in the case of a recipient that will serve small business concerns located in one of the 16 States receiving the greatest number of such SBIR first phase awards; and
(iii) except as provided in subparagraph (B), 75 cents for each Federal dollar, in the case of a recipient that will serve small business concerns located in a State that is not described in clause (i) or (ii) that is receiving such SBIR first phase awards.
(B) Low-income areas The non-Federal share of the cost of the activity carried out using an award or under a cooperative agreement under this section shall be 50 cents for each Federal dollar that will be directly allocated by a recipient described in subparagraph (A) to serve small business concerns located in a qualified census tract, as that term is defined in section 42(d)(5)(C)(ii) 11 See References in Text note below. of title 26. Federal dollars not so allocated by that recipient shall be subject to the matching requirements of subparagraph (A).
(C) Types of funding The non-Federal share of the cost of an activity carried out by a recipient shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program.
(D) Rankings For purposes of subparagraph (A), the Administrator shall reevaluate the ranking of a State once every 2 fiscal years, beginning with fiscal year 2001, based on the most recent statistics compiled by the Administrator.
(3) Duration Awards may be made or cooperative agreements entered into under this section for multiple years, not to exceed 5 years in total.
(f) Reports (1) Initial report Not later than 120 days after December 21, 2000, the Administrator shall prepare and submit to the Committee on Small Business of the Senate and the Committee on Science and the Committee on Small Business of the House of Representatives a report, which shall include, with respect to the FAST program, including Mentoring Networks—
(A) a description of the structure and procedures of the program;
(B) a management plan for the program; and
(C) a description of the merit-based review process to be used in the program.
(2) Annual reports The Administrator shall submit an annual report to the Committee on Small Business of the Senate and the Committee on Science and the Committee on Small Business of the House of Representatives regarding—
(A) the number and amount of awards provided and cooperative agreements entered into under the FAST program during the preceding year;
(B) a list of recipients under this section, including their location and the activities being performed with the awards made or under the cooperative agreements entered into; and
(C) the Mentoring Networks and the mentoring database, as provided for under section 657e of this title, including—
(i) the status of the inclusion of mentoring information in the database required by section 638(k) of this title; and
(ii) the status of the implementation and description of the usage of the Mentoring Networks.
(g) Reviews by Inspector General (1) In general The Inspector General of the Administration shall conduct a review of—
(A) the extent to which recipients under the FAST program are measuring the performance of the activities being conducted and the results of such measurements; and
(B) the overall management and effectiveness of the FAST program.
(2) Report During the first quarter of fiscal year 2004, the Inspector General of the Administration shall submit a report to the Committee on Small Business of the Senate and the Committee on Science and the Committee on Small Business of the House of Representatives on the review conducted under paragraph (1).
(h) Program levels (1) In general There is authorized to be appropriated to carry out the FAST program, including Mentoring Networks, under this section and section 657e of this title, $10,000,000 for each of fiscal years 2001 through 2005.
(2) Mentoring database Of the total amount made available under paragraph (1) for fiscal years 2001 through 2005, a reasonable amount, not to exceed a total of $500,000, may be used by the Administration to carry out section 657e(d) of this title.
(i) Termination The authority to carry out the FAST program under this section shall terminate on September 30, 2005.
(Pub. L. 85536, § 2[34], as added Pub. L. 106554, § 1(a)(9) [title I, § 111(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A674; amended Pub. L. 10750, § 8, Oct. 15, 2001, 115 Stat. 265; Pub. L. 11488, div. B, title I, § 2104, Nov. 25, 2015, 129 Stat. 691; Pub. L. 116283, div. A, title VIII, § 867(2), Jan. 1, 2021, 134 Stat. 3787.)
## Notes
Editorial Notes
References in TextSubpar. (C) of section 42(d)(5) of title 26, referred to in subsec. (e)(2)(B), was redesignated (B) by Pub. L. 110289, div. C, title I, § 3003(g)(3), July 30, 2008, 122 Stat. 2882.
Prior ProvisionsA prior section 2[34] of Pub. L. 85536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Amendments2021—Subsec. (a)(9). Pub. L. 116283 substituted “American Samoa, and the Commonwealth of the Northern Mariana Islands” for “and American Samoa”. 2015—Subsec. (a)(3) to (10). Pub. L. 11488, § 2104(a), added par. (3) and redesignated former pars. (3) to (9) as (4) to (10), respectively. Subsec. (c)(2)(C). Pub. L. 11488, § 2104(b), added subpar. (C). Subsec. (c)(5). Pub. L. 11488, § 2104(c), added par. (5). 2001—Subsec. (c)(2)(B)(vi). Pub. L. 10750, § 8(a), added cl. (vi). Subsec. (c)(4). Pub. L. 10750, § 8(b), inserted at end “The Administrator shall promulgate regulations establishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).”
Statutory Notes and Related Subsidiaries
Change of Name Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
FindingsPub. L. 106554, § 1(a)(9) [title I, § 111(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A674, provided that: “Congress finds that— “(1) programs to foster economic development among small high-technology firms vary widely among the States; “(2) States that do not aggressively support the development of small high-technology firms, including participation by small business concerns in the SBIR program, are at a competitive disadvantage in establishing a business climate that is conducive to technology development; and “(3) building stronger national, State, and local support for science and technology research in these disadvantaged States will expand economic opportunities in the United States, create jobs, and increase the competitiveness of the United States in the world market.”
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# 15 U.S.C. § 657e - Mentoring Networks
## Text
(a) Findings Congress finds that—
(1) the SBIR and STTR programs create jobs, increase capacity for technological innovation, and boost international competitiveness;
(2) increasing the quantity of applications from all States to the SBIR and STTR programs would enhance competition for such awards and the quality of the completed projects; and
(3) mentoring is a natural complement to the FAST program of reaching out to new companies regarding the SBIR and STTR programs as an effective and low-cost way to improve the likelihood that such companies will succeed in such programs in developing and commercializing their research.
(b) Authorization for Mentoring Networks The recipient of an award or participant in a cooperative agreement under section 657d of this title may use a reasonable amount of such assistance for the establishment of a Mentoring Network under this section.
(c) Criteria for Mentoring Networks A Mentoring Network established using assistance under section 657d of this title shall—
(1) provide business advice and counseling to high technology small business concerns located in the State or region served by the Mentoring Network and identified under section 657d(c)(1)(E)(ii) of this title as potential candidates for the SBIR or STTR programs;
(2) identify volunteer mentors who—
(A) are persons associated with a small business concern that has successfully completed one or more SBIR or STTR funding agreements; and
(B) have agreed to guide small business concerns through all stages of the SBIR or STTR program process, including providing assistance relating to—
(i) proposal writing;
(ii) marketing;
(iii) Government accounting;
(iv) Government audits;
(v) project facilities and equipment;
(vi) human resources;
(vii) third phase partners;
(viii) commercialization;
(ix) venture capital networking; and
(x) other matters relevant to the SBIR and STTR programs;
(3) have experience working with small business concerns participating in the SBIR and STTR programs;
(4) contribute information to the national database referred to in subsection (d); and
(5) agree to reimburse volunteer mentors for out-of-pocket expenses related to service as a mentor under this section.
(d) Mentoring database The Administrator shall—
(1) include in the database required by section 638(k)(1) of this title, in cooperation with the SBIR, STTR, and FAST programs, information on Mentoring Networks and mentors participating under this section, including a description of their areas of expertise;
(2) work cooperatively with Mentoring Networks to maintain and update the database;
(3) take such action as may be necessary to aggressively promote Mentoring Networks under this section; and
(4) fulfill the requirements of this subsection either directly or by contract.
(Pub. L. 85536, § 2[35], as added Pub. L. 106554, § 1(a)(9) [title I, § 112], Dec. 21, 2000, 114 Stat. 2763, 2763A680.)
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# 15 U.S.C. § 657f1 - Certification of small business concerns owned and controlled by veterans
## Text
(a) In general With respect to the program established under section 8127 of title 38, the Administrator shall—
(1) certify the status of a concern as a small business concern owned and controlled by veterans; and
(2) require the periodic recertification of such status.
(b) Enforcement; penalties (1) Verification of eligibility In carrying out this section, the Administrator shall establish procedures relating to—
(A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under section 657f of this title (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and
(B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a).
(2) Examination of applicants The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a).
(Pub. L. 85536, § 2[36A], as added Pub. L. 116283, div. A, title VIII, § 862(e), Jan. 1, 2021, 134 Stat. 3781.)
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# 15 U.S.C. § 657g - Participation in federally funded projects
## Text
Any small business concern that is certified, or otherwise meets the criteria for participation in any program under section 637(a) of this title, shall not be required by any State, or political subdivision thereof, to meet additional criteria or certification, unrelated to the capability to provide the requested products or services, in order to participate as a small disadvantaged business in any program or project that is funded, in whole or in part, by the Federal Government.
(Pub. L. 108447, div. K, title I, § 155, Dec. 8, 2004, 118 Stat. 3458.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Small Business Reauthorization and Manufacturing Assistance Act of 2004, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Notice Regarding Participation of Small Business ConcernsPub. L. 10959, title X, § 10201, Aug. 10, 2005, 119 Stat. 1932, provided that: “The Secretary [of Transportation] shall notify each State or political subdivision of a State to which the Secretary awards a grant or other Federal funds of the criteria for participation by a small business concern in any program or project that is funded, in whole or in part, by the Federal Government under section 155 of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (15 U.S.C. 567g [657g]).”
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# 15 U.S.C. § 657h - Small business energy efficiency
## Text
(a) Definitions In this section—
(1) the terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively;
(2) the term “association” means the association of small business development centers established under section 648(a)(3)(A) of this title;
(3) the term “disability” has the meaning given that term in section 12102 of title 42;
(4) the term “Efficiency Program” means the Small Business Energy Efficiency Program established under subsection (c)(1);
(5) the term “electric utility” has the meaning given that term in section 2602 of title 16;
(6) the term “high performance green building” has the meaning given that term in section 17061 of title 42;
(7) 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 equipment, under which the regularly scheduled payment of that small business concern to that electric utility is not reduced by the amount of the reduction in cost attributable to the new equipment and that amount is credited to the electric utility, until the cost of the purchase or installation is repaid;
(8) the term “small business concern” has the same meaning as in section 632 of this title;
(9) the term “small business development center” means a small business development center described in section 648 of this title;
(10) the term “telecommuting” means the use of telecommunications to perform work functions under circumstances which reduce or eliminate the need to commute;
(11) the term “Telecommuting Pilot Program” means the pilot program established under subsection (d)(1)(A); and
(12) the term “veteran” has the meaning given that term in section 101 of title 38.
(b) Implementation of small business energy efficiency program (1) In general Not later than 90 days after December 19, 2007, the Administrator shall promulgate final rules establishing the Government-wide program authorized under subsection (d) of section 6307 of title 42 that ensure compliance with that subsection by not later than 6 months after December 19, 2007.
(2) Program required The Administrator shall develop and coordinate a Government-wide program, building on the Energy Star for Small Business program, to assist small business concerns in—
(A) becoming more energy efficient;
(B) understanding the cost savings from improved energy efficiency; and
(C) identifying financing options for energy efficiency upgrades.
(3) Consultation and cooperation The program required by paragraph (2) shall be developed and coordinated—
(A) in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency; and
(B) in cooperation with any entities the Administrator considers 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 program required by paragraph (2) to—
(A) small business concerns, including smaller design, engineering, 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.
(B) Report Not later than December 31, 2008, the Administrator shall submit to Congress a report containing a plan to implement the strategy developed under subparagraph (A).
(c) Small business sustainability initiative (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 development centers under which such 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 audits to the owners and operators of small business concerns regarding energy efficiency practices;
(iv) give referrals to certified professionals and other providers of energy efficiency assistance who meet such standards 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 Administration to facilitate on-bill financing arrangements;
(vi) provide necessary support to small business concerns to—
(I) evaluate energy efficiency opportunities and opportunities to design or construct high performance green buildings;
(II) evaluate renewable energy sources, such as the use of solar and small wind 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 of small business concerns with the development and commercialization of clean technology products, goods, services, and processes that use renewable energy sources, dramatically reduce the use of natural resources, and cut or eliminate greenhouse gas emissions through—
(I) technology assessment;
(II) intellectual property;
(III) Small Business Innovation Research submissions under section 638 of this title;
(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 reducing 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 Each small business development center participating 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 that center under the Efficiency Program;
(ii) the number of small business concerns assisted by that center under the Efficiency Program;
(iii) statistics on the total amount of energy saved as a result of assistance provided by that center under the Efficiency Program; and
(iv) any additional information determined necessary by the Administrator, in consultation with the association.
(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 Committee 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 Program submitted by small business development centers participating in that program.
(3) Eligibility A small business development center shall be eligible to participate in the Efficiency Program only if that center is certified under section 648(k)(2) of this title.
(4) Selection of participating State programs From among small business development centers submitting applications to participate in the Efficiency Program, the Administrator—
(A) shall, to the maximum extent practicable, select small business development centers in such a manner so as to promote a nationwide distribution of centers participating in the Efficiency Program; and
(B) may not select more than 1 small business development center in a State to participate in the Efficiency Program.
(5) Matching requirement Subparagraphs (A) and (B) of section 648(a)(4) of this title shall apply to assistance made available under the Efficiency Program.
(6) Grant amounts Each 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—
(A) not less than $100,000 in each fiscal year; and
(B) not more than $300,000 in each fiscal year.
(7) Evaluation and report The Comptroller General of the United States shall—
(A) not later than 30 months after the date of disbursement of the first grant under the Efficiency Program, initiate an evaluation of that program; and
(B) not later than 6 months after the date of the initiation of the evaluation under subparagraph (A), submit to the Administrator, 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 comment.
(9) Implementation Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out section 648(a)(1) 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 terminate 4 years after the date of disbursement of the first grant under the Efficiency Program.
(d) Small business telecommuting (1) Pilot program (A) In general The Administrator shall conduct, in not more than 5 of the regions of the Administration, a pilot program to provide information regarding telecommuting to employers that are small business concerns and to encourage such employers to offer telecommuting options to employees.
(B) Special outreach to individuals with disabilities In carrying out the Telecommuting Pilot Program, the Administrator shall make a concerted effort to provide information to—
(i) small business concerns owned by or employing individuals with disabilities, particularly veterans who are individuals with disabilities;
(ii) Federal, State, and local agencies having knowledge and expertise in assisting individuals with disabilities, including veterans who are individuals with disabilities; and
(iii) any group or organization, the primary purpose of which is to aid individuals with disabilities or veterans who are individuals with disabilities.
(C) Permissible activities In carrying out the Telecommuting Pilot Program, the Administrator may—
(i) produce educational materials and conduct presentations designed to raise awareness in the small business community of the benefits and the ease of telecommuting;
(ii) conduct outreach—
(I) to small business concerns that are considering offering telecommuting options; and
(II) as provided in subparagraph (B); and
(iii) acquire telecommuting technologies and equipment to be used for demonstration purposes.
(D) Selection of regions In determining which regions will participate 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 commitment to telecommuting.
(2) Report to Congress Not later than 2 years after the date on which funds are first appropriated to carry out this subsection, the Administrator shall transmit to the Committee on Small Business and Entrepreneurship 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 extended to include the participation of all regions of the Administration.
(3) Termination The Telecommuting Pilot Program shall terminate 4 years after the date on which funds are first appropriated to carry out this subsection.
(4) Authorization of appropriations There is authorized to be appropriated to the Administration $5,000,000 to carry out this subsection.
(Pub. L. 110140, title XII, § 1203, Dec. 19, 2007, 121 Stat. 1766.)
## Notes
Editorial Notes
Codification Section is comprised of section 1203 of Pub. L. 110140. Subsec. (e) of section 1203 of Pub. L. 110140 amended section 638 of this title. Section was enacted as part of the Energy Independence and Security Act of 2007, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110140, set out as a note under section 1824 of Title 2, The Congress.
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# 15 U.S.C. § 657i - Coordination of disaster assistance programs with FEMA
## Text
(a) Coordination required The Administrator shall ensure that the disaster assistance programs of the Administration are coordinated, to the maximum extent practicable, with the disaster assistance programs of the Federal Emergency Management Agency.
(b) Regulations required The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish regulations to ensure that each application for disaster assistance is submitted as quickly as practicable to the Administration or directed to the appropriate agency under the circumstances.
(c) Completion; revision The initial regulations shall be completed not later than 270 days after the date of the enactment of the Small Business Disaster Response and Loan Improvements Act of 2008. Thereafter, the regulations shall be revised on an annual basis.
(d) Report The Administrator shall include a report on the regulations whenever the Administration submits the report required by section 657o of this title.
(Pub. L. 85536, § 2[37], as added Pub. L. 110234, title XII, § 12062(2), May 22, 2008, 122 Stat. 1407, and Pub. L. 110246, § 4(a), title XII, § 12062(2), June 18, 2008, 122 Stat. 1664, 2169.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Small Business Disaster Response and Loan Improvements Act of 2008, referred to in subsec. (c), is the date of enactment of subtitle B (§§ 1205112091) of title XII of Pub. L. 110246, which was approved June 18, 2008.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Prior ProvisionsA prior section 2[37] of Pub. L. 85536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 657j - Information tracking and follow-up system for disaster assistance
## Text
(a) System required The Administrator shall develop, implement, or maintain a centralized information system to track communications between personnel of the Administration and applicants for disaster assistance. The system shall ensure that whenever an applicant for disaster assistance communicates with such personnel on a matter relating to the application, the following information is recorded:
(1) The method of communication.
(2) The date of communication.
(3) The identity of the personnel.
(4) A summary of the subject matter of the communication.
(b) Follow-up required The Administrator shall ensure that an applicant for disaster assistance receives, by telephone, mail, or electronic mail, follow-up communications from the Administration at all critical stages of the application process, including the following:
(1) When the Administration determines that additional information or documentation is required to process the application.
(2) When the Administration determines whether to approve or deny the loan.
(3) When the primary contact person managing the loan application has changed.
(c) Report on web portal for disaster loan application status (1) In general Not later than 90 days after November 25, 2015, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report relating to the creation of a web portal to the 11 So in original. The word “the” probably should not appear. track the status of applications for disaster assistance under section 636(b) of this title.
(2) Contents The report under paragraph (1) shall include—
(A) information on the progress of the Administration in implementing the information system under subsection (a);
(B) recommendations from the Administration relating to the creation of a web portal for applicants to check the status of an application for disaster assistance under section 636(b) of this title, including a review of best practices and web portal models from the private sector;
(C) information on any related costs or staffing needed to implement such a web portal;
(D) information on whether such a web portal can maintain high standards for data privacy and data security;
(E) information on whether such a web portal will minimize redundancy among Administration disaster programs, improve management of the number of inquiries made by disaster applicants to employees located in the area affected by the disaster and to call centers, and reduce paperwork burdens on disaster victims; and
(F) such additional information as is determined necessary by the Administrator.
(Pub. L. 85536, § 2[38], as added Pub. L. 110234, title XII, § 12067, May 22, 2008, 122 Stat. 1410, and Pub. L. 110246, § 4(a), title XII, § 12067, June 18, 2008, 122 Stat. 1664, 2172; Pub. L. 11488, div. B, title III, § 2303, Nov. 25, 2015, 129 Stat. 696.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Amendments2015—Subsec. (c). Pub. L. 11488 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 657k - Disaster processing redundancy
## Text
(a) In general The Administrator shall ensure that the Administration has in place a facility for disaster loan processing that, whenever the Administrations primary facility for disaster loan processing becomes unavailable, is able to take over all disaster loan processing from that primary facility within 2 days.
(b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.
(Pub. L. 85536, § 2[39], as added Pub. L. 110234, title XII, § 12069, May 22, 2008, 122 Stat. 1411, and Pub. L. 110246, § 4(a), title XII, § 12069, June 18, 2008, 122 Stat. 1664, 2173.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 657l - Comprehensive disaster response plan
## Text
(a) Plan required The Administrator shall develop, implement, or maintain a comprehensive written disaster response plan. The plan shall include the following:
(1) For each region of the Administration, a description of the disasters most likely to occur in that region.
(2) For each disaster described under paragraph (1)—
(A) an assessment of the disaster;
(B) an assessment of the demand for Administration assistance most likely to occur in response to the disaster;
(C) an assessment of the needs of the Administration, with respect to such resources as information technology, telecommunications, human resources, and office space, to meet the demand referred to in subparagraph (B); and
(D) guidelines pursuant to which the Administration will coordinate with other Federal agencies and with State and local authorities to best respond to the demand referred to in subparagraph (B) and to best use the resources referred to in that subparagraph.
(b) Completion; revision The first plan required by subsection (a) shall be completed not later than 180 days after the date of the enactment of this section. Thereafter, the Administrator shall update the plan on an annual basis and following any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under section 636(b)(9) of this title.
(c) Knowledge required The Administrator shall carry out subsections (a) and (b) through an individual with substantial knowledge in the field of disaster readiness and emergency response.
(d) Report The Administrator shall include a report on the plan whenever the Administration submits the report required by section 657o of this title.
(Pub. L. 85536, § 2[40], as added Pub. L. 110234, title XII, § 12075, May 22, 2008, 122 Stat. 1414, and Pub. L. 110246, § 4(a), title XII, § 12075, June 18, 2008, 122 Stat. 1664, 2176.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110246, which was approved June 18, 2008.
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
Disaster Plan ImprovementsPub. L. 11488, div. A, title I, § 1105, Nov. 25, 2015, 129 Stat. 688, provided that: “The Administrator of the Small Business Administration shall revise the comprehensive written disaster response plan required in section 40 of the Small Business Act (15 U.S.C. 657l), or any successor thereto, to incorporate the Administrations response to a situation in which an extreme volume of applications are received during the period of time immediately after a disaster, which shall include a plan to ensure that sufficient human and technological resources are made available and a plan to prevent delays in loan processing.”
@@ -0,0 +1,47 @@
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# 15 U.S.C. § 657m - Plans to secure sufficient office space
## Text
(a) Plans required The Administrator shall develop long-term plans to secure sufficient office space to accommodate an expanded workforce in times of disaster.
(b) Report The Administrator shall include a report on the plans developed under subsection (a) each time the Administration submits a report required under section 657o of this title.
(Pub. L. 85536, § 2[41], as added Pub. L. 110234, title XII, § 12076, May 22, 2008, 122 Stat. 1415, and Pub. L. 110246, § 4(a), title XII, § 12076, June 18, 2008, 122 Stat. 1664, 2177.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 657n - Immediate Disaster Assistance program
## Text
(a) Program required The Administrator shall carry out a program, to be known as the Immediate Disaster Assistance program, under which the Administration participates on a deferred (guaranteed) basis in 85 percent of the balance of the financing outstanding at the time of disbursement of the loan if such balance is less than or equal to $25,000 for businesses affected by a disaster.
(b) Eligibility requirement To receive a loan guaranteed under subsection (a), the applicant shall also apply for, and meet basic eligibility standards for, a loan under subsection (b) or (c) of section 636 of this title.
(c) Use of proceeds A person who receives a loan under subsection (b) or (c) of section 636 of this title shall use the proceeds of that loan to repay all loans guaranteed under subsection (a), if any, before using the proceeds for any other purpose.
(d) Loan terms (1) No prepayment penalty There shall be no prepayment penalty on a loan guaranteed under subsection (a).
(2) Repayment A person who receives a loan guaranteed under subsection (a) and who is disapproved for a loan under subsection (b) or (c) of section 636 of this title, as the case may be, shall repay the loan guaranteed under subsection (a) not later than the date established by the Administrator, which may not be earlier than 10 years after the date on which the loan guaranteed under subsection 11 So in original. Probably should be “subsection (a)”. is disbursed.
(e) Approval or disapproval The Administrator shall ensure that each applicant for a loan under the program receives a decision approving or disapproving of the application within 36 hours after the Administration receives the application.
(Pub. L. 85536, § 2[42], as added Pub. L. 110234, title XII, § 12084, May 22, 2008, 122 Stat. 1420, and Pub. L. 110246, § 4(a), title XII, § 12084, June 18, 2008, 122 Stat. 1664, 2182.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 657o - Annual reports on disaster assistance
## Text
Not later than 45 days after the end of a fiscal year, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the disaster assistance operations of the Administration for that fiscal year. The report shall—
(1) specify the number of Administration personnel involved in such operations;
(2) describe any material changes to those operations, such as changes to technologies used or to personnel responsibilities;
(3) describe and assess the effectiveness of the Administration in responding to disasters during that fiscal year, including a description of the number and amounts of loans made for damage and for economic injury; and
(4) describe the plans of the Administration for preparing to respond to disasters during the next fiscal year.
(Pub. L. 85536, § 2[43], as added Pub. L. 110234, title XII, § 12091(g), May 22, 2008, 122 Stat. 1426, and Pub. L. 110246, § 4(a), title XII, § 12091(g), June 18, 2008, 122 Stat. 1664, 2188.)
## Notes
Editorial Notes
Codification Pub. L. 110234 and Pub. L. 110246 enacted identical sections. Pub. L. 110234 was repealed by section 4(a) of Pub. L. 110246.
Statutory Notes and Related Subsidiaries
Effective DateEnactment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, see section 4 of Pub. L. 110246, set out as a note under section 8701 of Title 7, Agriculture.
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# 15 U.S.C. § 657p - Outreach regarding health insurance options available to children
## Text
(a) Definitions In this section—
(1) the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively;
(2) the term “certified development company” means a development company participating in the program under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);
(3) the term “Medicaid program” means the program established under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.);
(4) the term “Service Corps of Retired Executives” means the Service Corps of Retired Executives authorized by section 637(b)(1) of this title;
(5) the term “small business concern” has the meaning given that term in section 632 of this title;
(6) the term “small business development center” means a small business development center described in section 648 of this title;
(7) the term “State” has the meaning given that term for purposes of title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.);
(8) the term “State Childrens Health Insurance Program” means the State Childrens Health Insurance Program established under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.);
(9) the term “task force” means the task force established under subsection (b)(1); and
(10) the term “womens business center” means a womens business center described in section 656 of this title.
(b) Establishment of task force (1) Establishment There is established a task force to conduct a nationwide campaign of education and outreach for small business concerns regarding the availability of coverage for children through private insurance options, the Medicaid program, and the State Childrens Health Insurance Program.
(2) Membership The task force shall consist of the Administrator, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury.
(3) Responsibilities The campaign conducted under this subsection shall include—
(A) efforts to educate the owners of small business 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 affordable, 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 title 26;
(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 business concerns regarding the availability of the hotline operated as part of the Insure Kids Now program of the Department of Health and Human Services.
(4) Implementation In carrying out this subsection, the task force may—
(A) use any business partner of the Administration, including—
(i) a small business development center;
(ii) a certified development company;
(iii) a womens business center; and
(iv) the Service Corps of Retired Executives;
(B) enter into—
(i) a memorandum of understanding with a chamber of commerce; and
(ii) a partnership with any appropriate small business concern or health advocacy group; and
(C) designate outreach programs at regional offices of the Department of Health and Human Services to work with district offices of the Administration.
(5) Website The Administrator shall ensure that links to information on the eligibility and enrollment requirements for the Medicaid program and State Childrens Health Insurance Program of each State are prominently displayed on the website of the Administration.
(6) Report (A) In general Not later than 2 years after February 4, 2009, and every 2 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the status of the nationwide campaign conducted under paragraph (1).
(B) Contents Each report submitted under subparagraph (A) shall include 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 alternatives.
(Pub. L. 1113, title VI, § 621, Feb. 4, 2009, 123 Stat. 104.)
## Notes
Editorial Notes
References in TextThe Small Business Investment Act of 1958, referred to in subsec. (a)(2), is Pub. L. 85699, Aug. 21, 1958, 72 Stat. 689. Title V of the Act is classified generally to subchapter V (§ 695 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables. The Social Security Act, referred to in subsec. (a)(3), (7), (8), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Codification Section was enacted as part of the Childrens Health Insurance Program Reauthorization Act of 2009, and not as part of the Small Business Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Apr. 1, 2009, and applicable to child health assistance and medical assistance provided on or after that date, with certain exceptions, see section 3 of Pub. L. 1113, set out as a note under section 1396 of Title 42, The Public Health and Welfare.
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# 15 U.S.C. § 657q - Consolidation of contract requirements
## Text
(a) Definitions In this section—
(1) the term “Chief Acquisition Officer” means the employee of a Federal agency appointed or designated as the Chief Acquisition Officer for the Federal agency under section 1702(a) of title 41;
(2) the term “consolidation of contract requirements”, with respect to contract requirements of a Federal agency, means a use of a solicitation to obtain offers for a single contract or a multiple award contract—
(A) to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; or
(B) to satisfy requirements of the Federal agency for construction projects to be performed at 2 or more discrete sites; and
(3) the term “senior procurement executive” means an official designated under section 1702(c) of title 41 as the senior procurement executive for a Federal agency.
(b) Policy The head of each Federal agency shall ensure that the decisions made by the Federal agency regarding consolidation of contract requirements of the Federal agency are made with a view to providing small business concerns with appropriate opportunities to participate as prime contractors and subcontractors in the procurements of the Federal agency.
(c) Limitation on use of acquisition strategies involving consolidation (1) In general The head of a Federal agency may not carry out an acquisition strategy that includes a consolidation of contract requirements of the Federal agency with a total value of more than $2,000,000, unless the senior procurement executive or Chief Acquisition Officer for the Federal agency, before carrying out the acquisition strategy—
(A) conducts market research;
(B) identifies any alternative contracting approaches that would involve a lesser degree of consolidation of contract requirements;
(C) makes a written determination that the consolidation of contract requirements is necessary and justified;
(D) identifies any negative impact by the acquisition strategy on contracting with small business concerns; and
(E) ensures that steps will be taken to include small business concerns in the acquisition strategy.
(2) Determination that consolidation is necessary and justified (A) In general A senior procurement executive or Chief Acquisition Officer may determine that an acquisition strategy involving a consolidation of contract requirements is necessary and justified for the purposes of paragraph (1)(C) if the benefits of the acquisition strategy substantially exceed the benefits of each of the possible alternative contracting approaches identified under paragraph (1)(B).
(B) Savings in administrative or personnel costs For purposes of subparagraph (A), savings in administrative or personnel costs alone do not constitute a sufficient justification for a consolidation of contract requirements in a procurement unless the expected total amount of the cost savings, as determined by the senior procurement executive or Chief Acquisition Officer, is expected to be substantial in relation to the total cost of the procurement.
(C) Notice Not later than 7 days after making a determination that an acquisition strategy involving a consolidation of contract requirements is necessary and justified under subparagraph (A), the senior procurement executive or Chief Acquisition Officer shall publish a notice on a public website that such determination has been made. Any solicitation for a procurement related to the acquisition strategy may not be published earlier than 7 days after such notice is published. Along with the publication of the solicitation, the senior procurement executive or Chief Acquisition Officer shall publish a justification for the determination, which shall include the information in subparagraphs (A) through (E) of paragraph (1).
(3) Benefits to be considered The benefits considered for the purposes of paragraphs (1) and (2) may include cost and, regardless of whether quantifiable in dollar amounts—
(A) quality;
(B) acquisition cycle;
(C) terms and conditions; and
(D) any other benefit.
(Pub. L. 85536, § 2[44], as added Pub. L. 111240, title I, § 1313(a)(2), Sept. 27, 2010, 124 Stat. 2538; amended Pub. L. 112239, div. A, title XVI, § 1671(a), (b), (c)(2), Jan. 2, 2013, 126 Stat. 2084, 2085; Pub. L. 113291, div. A, title VIII, § 822(b), Dec. 19, 2014, 128 Stat. 3436; Pub. L. 11492, div. A, title VIII, § 863(b), (c), Nov. 25, 2015, 129 Stat. 926, 927.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2[44] of Pub. L. 85536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Amendments2015—Subsec. (c)(1). Pub. L. 11492, § 863(c), substituted “The head” for “Subject to paragraph (4), the head” in introductory provisions. Subsec. (c)(2)(C). Pub. L. 11492, § 863(b), added subpar. (C). 2014—Subsec. (a)(1). Pub. L. 113291, § 822(b)(1), inserted “appointed or” before “designated” and substituted “section 1702(a) of title 41” for “section 16(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(a))”. Subsec. (a)(3). Pub. L. 113291, § 822(b)(2), substituted “section 1702(c) of title 41” for “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))”. 2013—Subsec. (a)(2). Pub. L. 112239, § 1671(a), substituted “or a multiple award contract—” and subpars. (A) and (B) for “or a multiple award contract to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; and”. Subsec. (c)(1)(E). Pub. L. 112239, § 1671(b), substituted “ensures” for “certifies to the head of the Federal agency”. Subsec. (c)(4). Pub. L. 112239, § 1671(c)(2), struck out par. (4). Prior to amendment, text read as follows: “(A) In general.—The Department of Defense and each military department shall comply with this section until after the date described in subparagraph (C). “(B) Rule.—After the date described in subparagraph (C), contracting by the Department of Defense or a military department shall be conducted in accordance with section 2382 of title 10. “(C) Date.—The date described in this subparagraph is the date on which the Administrator determines the Department of Defense or a military department is in compliance with the Government-wide contracting goals under section 644 of this title.”
@@ -0,0 +1,161 @@
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# 15 U.S.C. § 657r - Mentor-protege programs
## Text
(a) Administration program (1) Authority The Administrator is authorized to establish a mentor-protege program for all small business concerns.
(2) Model for program The mentor-protege program established under paragraph (1) shall be identical to the mentor-protege program of the Administration for small business concerns that participate in the program under section 637(a) of this title (as in effect on January 2, 2013), except that the Administrator may modify the program to the extent necessary given the types of small business concerns included as proteges.
(3) Puerto Rico businesses During the period beginning on August 13, 2018, and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—
(A) positive consideration in any past performance evaluation of the covered mentor; and
(B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 637(d) of this title) of the covered mentor.
(4) Covered territory businesses During the period beginning on January 1, 2021, and ending on the date that is 4 years after such date, the Administrator shall identify potential incentives to a covered territory mentor that awards a subcontract to its covered territory protege, including—
(A) positive consideration in any past performance evaluation of the covered territory mentor; and
(B) the application of costs incurred for providing training to such covered territory protege to the subcontracting plan (as required under paragraph (4) or (5) of section 637(d) of this title) of the covered territory mentor.
(b) Programs of other agencies (1) Approval required Except as provided in paragraph (4), a Federal department or agency may not carry out a mentor-protege program for small business concerns unless—
(A) the head of the department or agency submits a plan to the Administrator for the program; and
(B) the Administrator approves such plan.
(2) Basis for approval The Administrator shall approve or disapprove a plan submitted under paragraph (1) based on whether the program proposed—
(A) will assist proteges to compete for Federal prime contracts and subcontracts; and
(B) complies with the regulations issued under paragraph (3).
(3) Regulations Not later than 270 days after January 2, 2013, the Administrator shall issue, subject to notice and comment, regulations with respect to mentor-protege programs, which shall ensure that such programs improve the ability of proteges to compete for Federal prime contracts and subcontracts and which shall address, at a minimum, the following:
(A) Eligibility criteria for program participants, including any restrictions on the number of mentor-protege relationships permitted for each participant, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships—
(i) are between a covered protege and a covered mentor; or
(ii) are between a covered territory protege and a covered territory mentor.
(B) The types of developmental assistance to be provided by mentors, including how the assistance provided shall improve the competitive viability of the proteges.
(C) Whether any developmental assistance provided by a mentor may affect the status of a program participant as a small business concern due to affiliation.
(D) The length of mentor-protege relationships.
(E) The effect of mentor-protege relationships on contracting.
(F) Benefits that may accrue to a mentor as a result of program participation.
(G) Reporting requirements during program participation.
(H) Postparticipation reporting requirements.
(I) The need for a mentor-protege pair, if accepted to participate as a pair in a mentor-protege program of any Federal department or agency, to be accepted to participate as a pair in all Federal mentor-protege programs.
(J) Actions to be taken to ensure benefits for proteges and to protect a protege against actions by a mentor that—
(i) may adversely affect the proteges status as a small business concern; or
(ii) provide disproportionate economic benefits to the mentor relative to those provided the protege.
(K) The types of assistance provided by a mentor to assist with compliance with the requirements of contracting with the Federal Government after award of a contract or subcontract under this section.
(4) Limitation on applicability Paragraph (1) does not apply to the following:
(A) Any mentor-protege program of the Department of Defense.
(B) Any mentoring assistance provided under a Small Business Innovation Research Program or a Small Business Technology Transfer Program.
(C) Until the date that is 1 year after the date on which the Administrator issues regulations under paragraph (3), any Federal department or agency operating a mentor-protege program in effect on January 2, 2013.
(c) Reporting (1) In general Not later than 2 years after January 2, 2013, and annually thereafter, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report that—
(A) identifies each Federal mentor-protege program;
(B) specifies the number of participants in each such program, including the number of participants that are—
(i) small business concerns;
(ii) small business concerns owned and controlled by service-disabled veterans;
(iii) qualified HUBZone small business concerns;
(iv) small business concerns owned and controlled by socially and economically disadvantaged individuals; or
(v) small business concerns owned and controlled by women;
(C) describes the type of assistance provided to proteges under each such program;
(D) describes the benefits provided to mentors under each such program; and
(E) describes the progress of proteges under each such program with respect to competing for Federal prime contracts and subcontracts.
(2) Provision of information The head of each Federal department or agency carrying out a mentor-protege program shall provide to the Administrator, on an annual basis, the information necessary for the Administrator to submit a report required under paragraph (1).
(d) Definitions In this section, the following definitions apply:
(1) Mentor The term “mentor” means a for-profit business concern, of any size, that—
(A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and
(B) satisfies any other requirements imposed by the Administrator.
(2) Mentor-protege program The term “mentor-protege program” means a program that pairs a mentor with a protege for the purpose of assisting the protege to compete for Federal prime contracts and subcontracts.
(3) Protege The term “protege” means a small business concern that—
(A) is eligible to enter into Federal prime contracts and subcontracts; and
(B) satisfies any other requirements imposed by the Administrator.
(4) Covered mentor The term “covered mentor” means a mentor that enters into an agreement under this chapter, or under any mentor-protege program approved under subsection (b)(1), with a covered protege.
(5) Covered protege The term “covered protege” means a protege of a covered mentor that is a Puerto Rico business.
(6) Covered territory mentor The term “covered territory mentor” means a mentor that enters into an agreement under this chapter, or under any mentor-protege program approved under subsection (b)(1), with a covered territory protege.
(7) Covered territory protege The term “covered territory protege” means a protege of a covered territory mentor that is a covered territory business.
(e) Current mentor protege agreements Mentors and proteges with approved agreement in a program operating pursuant to subsection (b)(4)(C) shall be permitted to continue their relationship according to the terms specified in their agreement until the expiration date specified in the agreement.
(f) Submission of agency plans Agencies operating mentor protege programs pursuant to subsection (b)(4)(C) shall submit the plans specified in subsection (b)(1)(A) to the Administrator within 6 months of the promulgation of rules required by subsection (b)(3). The Administrator shall provide initial comments on each plan within 60 days of receipt, and final approval or denial of each plan within 180 days after receipt.
(Pub. L. 85536, § 2[45], as added Pub. L. 112239, div. A, title XVI, § 1641(2), Jan. 2, 2013, 126 Stat. 2077; amended Pub. L. 114328, div. A, title XVIII, § 1813(e), Dec. 23, 2016, 130 Stat. 2653; Pub. L. 115232, div. A, title VIII, § 861(d), (e), Aug. 13, 2018, 132 Stat. 1896, 1897; Pub. L. 116283, div. A, title VIII, § 866(c), Jan. 1, 2021, 134 Stat. 3786.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2[45] of Pub. L. 85536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Amendments2021—Subsec. (a)(4). Pub. L. 116283, § 866(c)(1), added par. (4). Subsec. (b)(3)(A). Pub. L. 116283, § 866(c)(2), substituted “relationships—” and cls. (i) and (ii) for “relationships are between a covered protege and covered mentor.” Subsec. (d)(6), (7). Pub. L. 116283, § 866(c)(3), added pars. (6) and (7). 2018—Subsec. (a)(3). Pub. L. 115232, § 861(d)(1), added par. (3). Subsec. (b)(3)(A). Pub. L. 115232, § 861(e), inserted “, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships are between a covered protege and covered mentor” after “each participant”. Subsec. (d)(4), (5). Pub. L. 115232, § 861(d)(2), added pars. (4) and (5). 2016—Subsec. (b)(3)(K). Pub. L. 114328 added subpar. (K).
@@ -0,0 +1,105 @@
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# 15 U.S.C. § 657s - Limitations on subcontracting
## Text
(a) In general If awarded a contract under section 637(a), 637(m), 644(a), 657a, or 657f of this title, a covered small business concern—
(1) in the case of a contract for services, may not expend on subcontractors more than 50 percent of the amount paid to the concern under the contract;
(2) in the case of a contract for supplies (other than from a regular dealer in such supplies), may not expend on subcontractors more than 50 percent of the amount, less the cost of materials, paid to the concern under the contract;
(3) in the case of a contract described in paragraphs (1) and (2)—
(A) shall determine for which category, services (as described in paragraph (1)) or supplies (as described in paragraph (2)), the greatest percentage of the contract is awarded;
(B) shall determine the amount awarded under the contract for that category of services or supplies; and
(C) may not expend on subcontractors, with respect to the amount determined under subparagraph (B), more than 50 percent of that amount; and
(4) in the case of a contract which is principally for supplies from a regular dealer in such supplies, and which is not a contract principally for services or construction, shall supply the product of a domestic small business manufacturer or processor, unless a waiver of such requirement is granted—
(A) by the Administrator, after reviewing a determination by the applicable contracting officer that no small business manufacturer or processor can reasonably be expected to offer a product meeting the specifications (including period for performance) required by the contract; or
(B) by the Administrator for a product (or class of products), after determining that no small business manufacturer or processor is available to participate in the Federal procurement market.
(b) Similarly situated entities Contract amounts expended by a covered small business concern on a subcontractor that is a similarly situated entity shall not be considered subcontracted for purposes of determining whether the covered small business concern has violated a requirement established under subsection (a) or (d).
(c) Modifications of percentages The Administrator may change, by rule (after providing notice and an opportunity for public comment), a percentage specified in paragraphs (1) through (4) of subsection (a) if the Administrator determines that such change is necessary to reflect conventional industry practices among business concerns that are below the numerical size standard for businesses in that industry category.
(d) Other contracts (1) In general With respect to a category of contracts to which a requirement under subsection (a) does not apply, the Administrator is authorized to establish, by rule (after providing notice and an opportunity for public comment), a requirement that a covered small business concern may not expend on subcontractors more than a specified percentage of the amount paid to the concern under a contract in that category.
(2) Uniformity A requirement established under paragraph (1) shall apply to all covered small business concerns.
(3) Construction projects The Administrator shall establish, through public rulemaking, requirements similar to those specified in paragraph (1) to be applicable to contracts for general and specialty construction and to contracts for any other industry category not otherwise subject to the requirements of such paragraph. The percentage applicable to any such requirement shall be determined in accordance with paragraph (1).
(e) Definitions In this section, the following definitions apply:
(1) Covered small business concern The term “covered small business concern” means a business concern that—
(A) with respect to a contract awarded under section 637(a) of this title, is a small business concern eligible to receive contracts under that section;
(B) with respect to a contract awarded under section 637(m) of this title—
(i) is a small business concern owned and controlled by women (as defined in that section); or
(ii) is a small business concern owned and controlled by women (as defined in that section) that is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law);
(C) with respect to a contract awarded under section 644(a) of this title, is a small business concern;
(D) with respect to a contract awarded under section 657a of this title, is a qualified HUBZone small business concern; or
(E) with respect to a contract awarded under section 657f of this title, is a small business concern owned and controlled by service-disabled veterans.
(2) Similarly situated entity The term “similarly situated entity” means a subcontractor that—
(A) if a subcontractor for a small business concern, is a small business concern;
(B) if a subcontractor for a small business concern eligible to receive contracts under section 637(a) of this title, is such a concern;
(C) if a subcontractor for a small business concern owned and controlled by women (as defined in section 637(m) of this title), is such a concern;
(D) if a subcontractor for a small business concern owned and controlled by women (as defined in section 637(m) of this title) that is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law), is such a concern;
(E) if a subcontractor for a qualified HUBZone small business concern, is such a concern; or
(F) if a subcontractor for a small business concern owned and controlled by service-disabled veterans, is such a concern.
(Pub. L. 85536, § 2[46], as added Pub. L. 112239, div. A, title XVI, § 1651, Jan. 2, 2013, 126 Stat. 2079; amended Pub. L. 11492, div. A, title VIII, § 864(b), Nov. 25, 2015, 129 Stat. 927.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a)(4). Pub. L. 11492 substituted “which is principally for supplies from a regular dealer in such supplies, and which is not a contract principally for services or construction” for “for supplies from a regular dealer in such supplies” in introductory provisions.
Statutory Notes and Related Subsidiaries
Inapplicability of Requirement To Review and Justify Certain ContractsPub. L. 11366, div. A, title XVI, § 1615, Dec. 26, 2013, 127 Stat. 950, provided that: “In the case of a contract to which the provisions of section 46 of the Small Business Act (15 U.S.C. 657s) apply, the requirements under section 802 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112239; 126 Stat. 1824; 10 U.S.C. 2304 note [now 10 U.S.C. note prec.]) do not apply.”
@@ -0,0 +1,137 @@
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# 15 U.S.C. § 657t - Office of Credit Risk Management
## Text
(a) Establishment There is established within the Administration the Office of Credit Risk Management (in this section referred to as the “Office”).
(b) Duties The Office shall be responsible for supervising—
(1) any lender making loans under section 7(a) [15 U.S.C. 636(a)] (in this section referred to as a “7(a) lender”);
(2) any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; and
(3) any small business lending company or a non-Federally regulated lender without regard to the requirements of section 650 of this title.
(c) Director (1) In general The Office shall be headed by the Director of the Office of Credit Risk Management (in this section referred to as the “Director”), who shall be a career appointee in the Senior Executive Service (as defined in section 3132 of title 5).
(2) Duties The Director shall be responsible for oversight of the lenders and participants described in subsection (b), including by conducting periodic reviews of the compliance and performance of such lenders and participants.
(d) Supervision duties for 7(a) lenders (1) Reviews With respect to 7(a) lenders, an employee of the Office shall—
(A) be present for and supervise any such review that is conducted by a contractor of the Office on the premise 11 So in original. Probably should be “premises”. of the 7(a) lender; and
(B) supervise any such review that is not conducted on the premise 1 of the 7(a) lender.
(2) Review report timeline (A) In general Notwithstanding any other requirements of the Office or the Administrator, the Administrator shall develop and implement a review report timeline which shall—
(i) require the Administrator to—
(I) deliver a written report of the review to the 7(a) lender not later than 60 business days after the date on which the review is concluded; or
(II) if the Administrator expects to submit the report after the end of the 60-day period described in clause (i), notify the 7(a) lender of the expected date of submission of the report and the reason for the delay; and
(ii) if a response by the 7(a) lender is requested in a report submitted under subparagraph (A), require the 7(a) lender to submit responses to the Administrator not later than 45 business days after the date on which the 7(a) lender receives the report.
(B) Extension The Administrator may extend the time frame described in subparagraph (A)(i)(II) with respect to a 7(a) lender as the Administrator determines necessary.
(e) Enforcement authority against 7(a) lenders (1) Informal enforcement authority The Director may take an informal enforcement action against a 7(a) lender if the Director finds that the 7(a) lender has violated a statutory or regulatory requirement under section 7(a) [15 U.S.C. 636(a)] or any requirement in a Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access.
(2) Formal enforcement authority (A) In general With the approval of the Lender Oversight Committee established under section 657u of this title, the Director may take a formal enforcement action against any 7(a) lender if the Director finds that the 7(a) lender has violated—
(i) a statutory or regulatory requirement under section 7(a), including a requirement relating to credit elsewhere; or
(ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice, related to a program or function of the Office of Capital Access.
(B) Enforcement actions An enforcement action imposed on a 7(a) lender by the Director under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the 7(a) lender in an amount that is not greater than $250,000.
(3) Appeal by lender A 7(a) lender may appeal an enforcement action imposed by the Director described in this subsection to the Office of Hearings and Appeals established under section 634(i) of this title or to an appropriate district court of the United States.
(f) Regulations Not later than 1 year after June 21, 2018, the Administrator shall issue regulations, after opportunity for notice and comment, to carry out subsection (e).
(g) Servicing and liquidation responsibilities During any period during which a 7(a) lender is suspended or otherwise prohibited from making loans under section 7(a) [15 U.S.C. 636(a)], the 7(a) lender shall remain obligated to maintain all servicing and liquidation activities delegated to the lender by the Administrator, unless otherwise specified by the Director.
(h) Portfolio risk analysis of 7(a) loans (1) In general The Director shall annually conduct a risk analysis of the portfolio of the Administration with respect to all loans guaranteed under section 7(a).
(2) Report to Congress On December 1, 2018, and every December 1 thereafter, the Director shall submit to Congress a report containing the results of each portfolio risk analysis conducted under paragraph (1) during the fiscal year preceding the submission of the report, which shall include—
(A) an analysis of the overall program risk of loans guaranteed under section 7(a);
(B) an analysis of the program risk, set forth separately by industry concentration;
(C) without identifying individual 7(a) lenders by name, a consolidated analysis of the risk created by the individual 7(a) lenders responsible for not less than 1 percent of the gross loan approvals set forth separately for the year covered by the report by—
(i) the dollar value of the loans made by such 7(a) lenders; and
(ii) the number of loans made by such 7(a) lenders;
(D) steps taken by the Administrator to mitigate the risks identified in subparagraphs (A), (B), and (C);
(E) the number of 7(a) lenders, the number of loans made, and the gross and net dollar amount of loans made;
(F) the number and dollar amount of total losses, the number and dollar amount of total purchases, and the percentage and dollar amount of recoveries at the Administration;
(G) the number and type of enforcement actions recommended by the Director;
(H) the number and type of enforcement actions approved by the Lender Oversight Committee established under section 657u of this title;
(I) the number and type of enforcement actions disapproved by the Lender Oversight Committee; and
(J) the number and dollar amount of civil monetary penalties assessed.
(i) Budget submission and justification The Director shall annually provide, in writing, a fiscal year budget submission for the Office and a justification for such submission to the Administrator. Such submission and justification shall—
(1) include salaries and expenses of the Office and the charge for the lender oversight fees;
(2) be submitted at or about the time of the budget submission by the President under section 1105(a) of title 31; and
(3) be maintained in an indexed form and made available for public review for a period of not less than 5 years beginning on the date of submission and justification.
(Pub. L. 85536, § 2[47], as added and amended Pub. L. 115189, § 3(a)(2), (b), June 21, 2018, 132 Stat. 1492, 1495.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 2[47] of Pub. L. 85536 was renumbered section 2[49] and is set out as a note under section 631 of this title.
Amendments2018—Subsec. (d). Pub. L. 115189, § 3(b), amended subsec. (d) generally. Prior to amendment, text read as follows: “With respect to 7(a) lenders, an employee of the Office shall— “(1) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and “(2) supervise any such review that is not conducted on the premise of the 7(a) lender.”
Statutory Notes and Related Subsidiaries
Change of NamePub. L. 115189, § 3(d)(1), June 21, 2018, 132 Stat. 1496, provided that: “Any reference in a law, regulation, guidance, document, paper, or other record of the United States to the Office of Credit Risk Management of the Small Business Administration shall be deemed a reference to the Office of Credit Risk Management, established under section 47 of the Small Business Act [15 U.S.C. 657t], as added by subsection (a).”
Effective Date of 2018 AmendmentPub. L. 115189, § 3(b), June 21, 2018, 132 Stat. 1495, provided that the amendment made by section 3(b) is effective Jan. 1, 2019.
Transfer of FunctionsPub. L. 115189, § 3(c)(1), June 21, 2018, 132 Stat. 1496, provided that: “All functions of the Office of Credit Risk Management of the Small Business Administration, including the personnel, assets, and obligation of the Office of Credit Risk Management, as in existence on the day before the date of the enactment of this Act [June 21, 2018], shall be transferred to the Office of Credit Risk Management established under section 47 of the Small Business Act [15 U.S.C. 657t], as added by subsection (a).”
Establishing a Process for WaiversPub. L. 115189, § 6, June 21, 2018, 132 Stat. 1498, provided that: “(a) In General.—If the Administrator [of the Small Business Administration] exercises statutory or regulatory authority to waive a regulation or a requirement in the Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access of the [Small Business] Administration, the waiver shall be in writing and be maintained in an indexed form. “(b) No New Waiver Authority.—Nothing in subsection (a) shall be construed as creating new authority for the Administrator to waive regulations of the Administration.”
Definitions of Terms Used in Pub. L. 115189 Pub. L. 115189, § 2, June 21, 2018, 132 Stat. 1492, provided that: “In this Act [see Short Title of 2018 Amendment note set out under section 631 of this title], the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively.”
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# 15 U.S.C. § 657u - Lender Oversight Committee
## Text
(a) Establishment There is established within the Administration the Lender Oversight Committee (in this section referred to as the “Committee”).
(b) Membership The Committee shall consist of at least 8 members selected by the Administrator, of which—
(1) 3 members shall be voting members, 2 of whom shall be career appointees in the Senior Executive Service (as defined in section 3132 of title 5); and
(2) the remaining members shall be nonvoting members who shall serve in an advisory capacity on the Committee.
(c) Duties The Committee shall—
(1) review reports on lender oversight activities;
(2) review formal enforcement action recommendations of the Director of the Office of Credit Risk Management with respect to any lender making loans under section 636(a) of this title and any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration;
(3) in carrying out paragraph (2) with respect to formal enforcement actions taken under subsection (d) or (e) of section 650 of this title, vote to recommend or not recommend action to the Administrator or a designee of the Administrator;
(4) in carrying out paragraph (2) with respect to any formal enforcement action not specified under subsection (d) or (e) of section 650 of this title, vote to approve, disapprove, or modify the action;
(5) review, in an advisory capacity, any lender oversight, portfolio risk management, or program integrity matters brought by the Director; and
(6) take such other actions and perform such other functions as may be delegated to the Committee by the Administrator.
(d) Meetings (1) In general The Committee shall meet as necessary, but not less frequently than on a quarterly basis.
(2) Reports The Committee shall submit to the Administrator a report detailing each meeting of the Committee, including if the Committee does or does not vote to approve a formal enforcement action of the Director of the Office of Credit Risk Management with respect to a lender.
(Pub. L. 85536, § 2[48], as added Pub. L. 115189, § 3(a)(2), June 21, 2018, 132 Stat. 1494.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 115189, § 3(d)(2), June 21, 2018, 132 Stat. 1496, provided that: “Any reference in a law, regulation, guidance, document, paper, or other record of the United States to the Lender Oversight Committee of the Small Business Administration shall be deemed a reference to the Lender Oversight Committee, established under section 48 of the Small Business Act [15 U.S.C. 657u], as added by subsection (a).”
Transfer of Functions Pub. L. 115189, § 3(c)(2), June 21, 2018, 132 Stat. 1496, provided that: “All functions of the Lender Oversight Committee of the Small Business Administration, including the personnel, assets, and obligations of the Lender Oversight Committee, as in existence on the day before the date of the enactment of this Act [June 21, 2018], shall be transferred to the Lender Oversight Committee established under section 48 of the Small Business Act [15 U.S.C. 657u], as added by subsection (a).”