§ 648. — Small business development center program authorization.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC648]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 648. Small business development center program
authorization
(a) Grants, contracts and cooperative agreements for establishment of
small business development centers and for small business
activities and purposes; role of Administration; non-Federal
additional amount; amount of grant; eligibility
(1) The Administration is authorized to make grants (including
contracts and cooperative agreements) to any State government or any
agency thereof, any regional entity, any State-chartered development,
credit or finance corporation, any women's business center operating
pursuant to section 656 of this title, any public or private institution
of higher education, including but not limited to any land-grant college
or university, any college or school of business, engineering, commerce,
or agriculture, community college or junior college, or to any entity
formed by two or more of the above entities (herein referred to as
``applicants'') to assist in establishing small business development
centers and to any such body for: small business oriented employment or
natural resources development programs; studies, research, and
counseling concerning the managing, financing, and operation of small
business enterprises; management and technical assistance regarding
small business participation in international markets, export promotion
and technology transfer; delivery or distribution of such services and
information; and providing access to business analysts who can refer
small business concerns to available experts: Provided, That after
December 31, 1990, the Administration shall not make a grant to any
applicant other than an institution of higher education or a women's
business center operating pursuant to section 656 of this title as a
Small Business Development Center unless the applicant was receiving a
grant (including a contract or cooperative agreement) on such date. The
Administration shall require any applicant for a small business
development center grant with performance commencing on or after January
1, 1992 to have its own budget and to primarily utilize institutions of
higher education and women's business centers operating pursuant to
section 656 of this title to provide services to the small business
community. The term of such grants shall be made on a calendar year
basis or to coincide with the Federal fiscal year.
(2) The Small Business Development Centers shall work in close
cooperation with the Administration's regional and local offices, the
Department of Commerce, appropriate Federal, State and local agencies
and the small business community to serve as an active information
dissemination and service delivery mechanism for existing trade
promotion, trade finance, trade adjustment, trade remedy and trade data
collection programs of particular utility for small businesses.
(3) The Small Business Development Center Program shall be under the
general management and oversight of the Administration for the delivery
of programs and services to the small business community. Such programs
and services shall be jointly developed, negotiated, and agreed upon,
with full participation of both parties, pursuant to an executed
cooperative agreement between the Small Business Development Center
applicant and the Administration.
(A) Small business development centers are authorized to form an
association to pursue matters of common concern. If more than a majority
of the small business development centers which are operating pursuant
to agreements with the Administration are members of such an
association, the Administration is authorized and directed to recognize
the existence and activities of such an association and to consult with
it and develop documents (i) announcing the annual scope of activities
pursuant to this section, (ii) requesting proposals to deliver
assistance as provided in this section and (iii) governing the general
operations and administration of the Small Business Development Center
Program, specifically including the development of regulations and a
uniform negotiated cooperative agreement for use on an annual basis when
entering into individual negotiated agreements with small business
development centers.
(B) Provisions governing audits, cost principles and administrative
requirements for Federal grants, contracts and cooperative agreements
which are included in uniform requirements of Office of Management and
Budget (OMB) Circulars shall be incorporated by reference and shall not
be set forth in summary or other form in regulations.
(C) On an annual basis, the Small Business Development Center shall
review and coordinate public and private partnerships and cosponsorships
with the Administration for the purpose of more efficiently leveraging
available resources on a National \1\ and a State basis.
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\1\ So in original. Probably should not be capitalized.
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(4) Small business development center program level.--
(A) In general.--The Administration shall require as a condition
of any grant (or amendment or modification thereof) made to an
applicant under this section, that a matching amount (excluding any
fees collected from recipients of such assistance) equal to the
amount of such grant be provided from sources other than the Federal
Government, to be comprised of not less than 50 percent cash and not
more than 50 percent of indirect costs and in-kind contributions.
(B) Restriction.--The matching amount described in subparagraph
(A) shall not include any indirect costs or in-kind contributions
derived from any Federal program.
(C) Funding formula.--
(i) In general.--Subject to clause (iii), the amount of a
formula grant received by a State under this subparagraph shall
be equal to an amount determined in accordance with the
following formula:
(I) The annual amount made available under section 20(a)
\2\ for the Small Business Development Center Program, less
any reductions made for expenses authorized by clause (v) of
this subparagraph, shall be divided on a pro rata basis,
based on the percentage of the population of each State, as
compared to the population of the United States.
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\2\ See References in Text note below.
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(II) If the pro rata amount calculated under subclause
(I) for any State is less than the minimum funding level
under clause (iii), the Administration shall determine the
aggregate amount necessary to achieve that minimum funding
level for each such State.
(III) The aggregate amount calculated under subclause
(II) shall be deducted from the amount calculated under
subclause (I) for States eligible to receive more than the
minimum funding level. The deductions shall be made on a pro
rata basis, based on the population of each such State, as
compared to the total population of all such States.
(IV) The aggregate amount deducted under subclause (III)
shall be added to the grants of those States that are not
eligible to receive more than the minimum funding level in
order to achieve the minimum funding level for each such
State, except that the eligible amount of a grant to any
State shall not be reduced to an amount below the minimum
funding level.
(ii) Grant determination.--The amount of a grant that a
State is eligible to apply for under this subparagraph shall be
the amount determined under clause (i), subject to any
modifications required under clause (iii), and shall be based on
the amount available for the fiscal year in which performance of
the grant commences, but not including amounts distributed in
accordance with clause (iv). The amount of a grant received by a
State under any provision of this subparagraph shall not exceed
the amount of matching funds from sources other than the Federal
Government, as required under subparagraph (A).
(iii) Minimum funding level.--The amount of the minimum
funding level for each State shall be determined for each fiscal
year based on the amount made available for that fiscal year to
carry out this section, as follows:
(I) If the amount made available is not less than
$81,500,000 and not more than $90,000,000, the minimum
funding level shall be $500,000.
(II) If the amount made available is less than
$81,500,000, the minimum funding level shall be the
remainder of $500,000 minus a percentage of $500,000 equal
to the percentage amount by which the amount made available
is less than $81,500,000.
(III) If the amount made available is more than
$90,000,000, the minimum funding level shall be the sum of
$500,000 plus a percentage of $500,000 equal to the
percentage amount by which the amount made available exceeds
$90,000,000.
(iv) Distributions.--Subject to clause (iii), if any State
does not apply for, or use, its full funding eligibility for a
fiscal year, the Administration shall distribute the remaining
funds as follows:
(I) If the grant to any State is less than the amount
received by that State in fiscal year 2000, the
Administration shall distribute such remaining funds, on a
pro rata basis, based on the percentage of shortage of each
such State, as compared to the total amount of such
remaining funds available, to the extent necessary in order
to increase the amount of the grant to the amount received
by that State in fiscal year 2000, or until such funds are
exhausted, whichever first occurs.
(II) If any funds remain after the application of
subclause (I), the remaining amount may be distributed as
supplemental grants to any State, as the Administration
determines, in its discretion, to be appropriate, after
consultation with the association referred to in subsection
(a)(3)(A) of this section.
(v) Use of amounts.--
(I) In general.--Of the amounts made available in any
fiscal year to carry out this section--
(aa) not more than $500,000 may be used by the
Administration to pay expenses enumerated in
subparagraphs (B) through (D) of section 20(a)(1); \2\
and
(bb) not more than $500,000 may be used by the
Administration to pay the examination expenses
enumerated in section 20(a)(1)(E).\2\
(II) Limitation.--No funds described in subclause (I)
may be used for examination expenses under section
20(a)(1)(E) \2\ if the usage would reduce the amount of
grants made available under clause (i)(I) of this
subparagraph to less than $85,000,000 (after excluding any
amounts provided in appropriations Acts, or accompanying
report language, for specific institutions or for purposes
other than the general small business development center
program) or would further reduce the amount of such grants
below such amount.
(vi) Exclusions.--Grants provided to a State by the
Administration or another Federal agency to carry out subsection
(a)(6) or (c)(3)(G) of this section, or for supplemental grants
set forth in clause (iv)(II) of this subparagraph, shall not be
included in the calculation of maximum funding for a State under
clause (ii) of this subparagraph.
(vii) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subparagraph $125,000,000
for each of fiscal years 2001, 2002, and 2003.
(viii) State defined.--In this subparagraph, the term
``State'' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, and American Samoa.
(5) Federal contracts with small business development centers.--
(A) In general.--Subject to the conditions set forth in
subparagraph (B), a small business development center may enter into
a contract with a Federal department or agency to provide specific
assistance to small business concerns.
(B) Contract prerequisites.--Before bidding on a contract
described in subparagraph (A), a small business development center
shall receive approval from the Associate Administrator of the small
business development center program of the subject and general scope
of the contract. Each approval under subparagraph (A) shall be based
upon a determination that the contract will provide assistance to
small business concerns and that performance of the contract will
not hinder the small business development center in carrying out the
terms of the grant received by the small business development center
from the Administration.
(C) Exemption from matching requirement.--A contract under this
paragraph shall not be subject to the matching funds or eligibility
requirements of paragraph (4).
(D) Additional provision.--Notwithstanding any other provision
of law, a contract for assistance under this paragraph shall not be
applied to any Federal department or agency's small business, woman-
owned business, or socially and economically disadvantaged business
contracting goal under section 644(g) of this title.
(6) Any applicant which is funded by the Administration as a Small
Business Development Center may apply for an additional grant to be used
solely to assist--
(A) with the development and enhancement of exports by small
business concerns;
(B) in technology transfer; and
(C) with outreach, development, and enhancement of minority-
owned small business startups or expansions, HUBZone small business
concerns, veteran-owned small business startups or expansions, and
women-owned small business startups or expansions, in communities
impacted by base closings or military or corporate downsizing, or in
rural or underserved communities;
as provided under subparagraphs (B) through (G) of subsection (c)(3) of
this section. Applicants for such additional grants shall comply with
all of the provisions of this section, including providing matching
funds, except that funding under this paragraph shall be effective for
any fiscal year to the extent provided in advance in appropriations Acts
and shall be in addition to the dollar program limitations specified in
paragraphs (4) and (5). No recipient of funds under this paragraph shall
receive a grant which would exceed its pro rata share of a $15,000,000
program based upon the populations to be served by the Small Business
Development Center as compared to the total population of the United
States. The minimum amount of eligibility for any State shall be
$100,000.
(b) Area plan inconsistent with applicant's plan: assistance unavailable
1981 through 1983; plan of applicant: submittal to
Administration, action on plan, review by Administration,
assistance to out-of-State businesses
(1) Financial assistance shall not be made available to any
applicant if approving such assistance would be inconsistent with a plan
for the area involved which has been adopted by an agency recognized by
the State government as authorized to do so and approved by the
Administration in accordance with the standards and requirements
established pursuant to this section.
(2) An applicant may apply to participate in the program by
submitting to the Administration for approval a plan naming those
authorized in subsection (a) of this section to participate in the
program, the geographic area to be served, the services that it would
provide, the method for delivering services, a budget, and any other
information and assurances the Administration may require to insure that
the applicant will carry out the activities eligible for assistance. The
Administration is authorized to approve, conditionally approve or reject
a plan or combination of plans submitted. In all cases, the
Administration shall review plans for conformity with the plan submitted
pursuant to paragraph (1) of this subsection, and with a view toward
providing small business with the most comprehensive and coordinated
assistance in the State or part thereof to be served.
(3) At the discretion of the Administration, the Administration is
authorized to permit a small business development center to provide
advice, information and assistance, as described in subsection (c) of
this section, to small businesses located outside the State, but only to
the extent such businesses are located within close geographical
proximity to the small business development center, as determined by the
Administration.
(c) Problem-solving assistance; development center extension services;
staff and access requirements; assistance services; changing
services for evolving needs; qualified small business vendors;
non-profit entities; cooperation with regional and local
offices, etc.; information sharing system
(1) Applicants receiving grants under this section shall assist
small businesses in solving problems concerning operations,
manufacturing, engineering, technology exchange and development,
personnel administration, marketing, sales, merchandising, finance,
accounting, business strategy development, and other disciplines
increased productivity, and management improvement, and for decreasing
industry economic concentrations.
(2) A small business development center shall provide services as
close as possible to small businesses by providing extension services
and utilizing satellite locations when necessary. The facilities and
staff of each Small Business Development Center shall be located in such
places as to provide maximum accessibility and benefits to the small
businesses which the center is intended to serve. To the extent
possible, it also shall make full use of other Federal and State
government programs that are concerned with aiding small business. A
small business development center shall have--
(A) a full-time staff, including a full-time director who shall
have the authority to make expenditures under the center's budget
and who shall manage the program activities;
(B) access to business analysts to counsel, assist, and inform
small business clients;
(C) access to technology transfer agents to provide state of art
technology to small businesses through coupling with national and
regional technology data sources;
(D) access to information specialist to assist in providing
information searches and referrals to small business;
(E) access to part-time professional specialist to conduct
research or to provide counseling assistance whenever the need
arises; and
(F) access to laboratory and adaptive engineering facilities.
(3) Services provided by a small business development center shall
include, but shall not be limited to--
(A) furnishing one-to-one individual counseling to small
businesses, including--
(i) working with individuals to increase awareness of basic
credit practices and credit requirements;
(ii) working with individuals to develop business plans,
financial packages, credit applications, and contract proposals;
(iii) working with the Administration to develop and provide
informational tools for use in working with individuals on pre-
business startup planning, existing business expansion, and
export planning; and
(iv) working with individuals referred by the local offices
of the Administration and Administration participating lenders;
(B) assisting in technology transfer, research and development,
including applied research, and coupling from existing sources to
small businesses, including--
(i) working to increase the access of small businesses to
the capabilities of automated flexible manufacturing systems;
(ii) working through existing networks and developing new
networks for technology transfer that encourage partnership
between the small business and academic communities to help
commercialize university-based research and development and
introduce university-based engineers and scientists to their
counterparts in small technology-based firms; and
(iii) exploring the viability of developing shared
production facilities, under appropriate circumstances;
(C) in cooperation with the Department of Commerce and other
relevant Federal agencies, actively assisting small businesses in
exporting by identifying and developing potential export markets,
facilitating export transactions, developing linkages between United
States small business firms and prescreened foreign buyers,
assisting small businesses to participate in international trade
shows, assisting small businesses in obtaining export financing, and
facilitating the development or reorientation of marketing and
production strategies; where appropriate, the Small Business
Development Center and the Administration may work in cooperation
with the State to establish a State international trade center for
these purposes;
(D) developing a program in conjunction with the Export-Import
Bank and local and regional Administration offices that will enable
Small Business Development Centers to serve as an information
network and to assist small business applicants for Export-Import
Bank financing programs, and otherwise identify and help to make
available export financing programs to small businesses;
(E) working closely with the small business community, small
business consultants, State agencies, universities and other
appropriate groups to make translation services more readily
available to small business firms doing business, or attempting to
develop business, in foreign markets;
(F) in providing assistance under this subsection, applicants
shall cooperate with the Department of Commerce and other relevant
Federal agencies to increase access to available export market
information systems, including the CIMS system;
(G) assisting small businesses to develop and implement
strategic business plans to timely and effectively respond to the
planned closure (or reduction) of a Department of Defense facility
within the community, or actual or projected reductions in such
firms' business base due to the actual or projected termination (or
reduction) of a Department of Defense program or a contract in
support of such program--
(i) by developing broad economic assessments of the adverse
impacts of--
(I) the closure (or reduction) of the Department of
Defense facility on the small business concerns providing
goods or services to such facility or to the military and
civilian personnel currently stationed or working at such
facility; and
(II) the termination (or reduction) of a Department of
Defense program (or contracts under such program) on the
small business concerns participating in such program as a
prime contractor, subcontractor or supplier at any tier;
(ii) by developing, in conjunction with appropriate Federal,
State, and local governmental entities and other private sector
organizations, the parameters of a transition adjustment program
adaptable to the needs of individual small business concerns;
(iii) by conducting appropriate programs to inform the
affected small business community regarding the anticipated
adverse impacts identified under clause (i) and the economic
adjustment assistance available to such firms; and
(iv) by assisting small business concerns to develop and
implement an individualized transition business plan.
(H) maintaining current information concerning Federal, State,
and local regulations that affect small businesses and counsel small
businesses on methods of compliance. Counseling and technology
development shall be provided when necessary to help small
businesses find solutions for complying with environmental, energy,
health, safety, and other Federal, State, and local regulations;
(I) coordinating and conducting research into technical and
general small business problems for which there are no ready
solutions;
(J) providing and maintaining a comprehensive library that
contains current information and statistical data needed by small
businesses;
(K) maintaining a working relationship and open communications
with the financial and investment communities, legal associations,
local and regional private consultants, and local and regional small
business groups and associates in order to help address the various
needs of the small business community;
(L) conducting in-depth surveys for local small business groups
in order to develop general information regarding the local economy
and general small business strengths and weaknesses in the locality;
(M) in cooperation with the Department of Commerce, the
Administration and other relevant Federal agencies, actively
assisting rural small businesses in exporting by identifying and
developing potential export markets for rural small businesses,
facilitating export transactions for rural small businesses,
developing linkages between United States' rural small businesses
and prescreened foreign buyers, assisting rural small businesses to
participate in international trade shows, assisting rural small
businesses in obtaining export financing and developing marketing
and production strategies;
(N) assisting rural small businesses--
(i) in developing marketing and production strategies that
will enable them to better compete in the domestic market--
(ii) by providing technical assistance needed by rural small
businesses;
(iii) by making available managerial assistance to rural
small business concerns; and
(iv) by providing information and assistance in obtaining
financing for business startups and expansion;
(O) in conjunction with the United States Travel and Tourism
Administration, assist rural small business in developing the
tourism potential of rural communities by--
(i) identifying the cultural, historic, recreational, and
scenic resources of such communities;
(ii) providing assistance to small businesses in developing
tourism marketing and promotion plans relating to tourism in
rural areas; and
(iii) assisting small business concerns to obtain capital
for starting or expanding businesses primarily serving tourists;
(P) maintaining lists of local and regional private consultants
to whom small businesses can be referred;
(Q) providing information to small business concerns regarding
compliance with regulatory requirements;
(R) developing informational publications, establishing resource
centers of reference materials, and distributing compliance guides
published under section 312(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996;
(S) providing small business owners with access to a wide
variety of export-related information by establishing on-line
computer linkages between small business development centers and an
international trade data information network with ties to the Export
Assistance Center program; and
(T) providing information and assistance to small business
concerns with respect to establishing drug-free workplace programs
on or before October 1, 2003.
(4) A small business development center shall continue to upgrade
and modify its services, as needed, in order to meet the changing and
evolving needs of the small business community.
(5) In addition to the methods prescribed in paragraph (2), a small
business development center shall utilize and compensate as one of its
resources qualified small business vendors, including but not limited
to, private management consultants, private consulting engineers and
private testing laboratories, to provide services as described in this
subsection to small businesses on behalf of such small business
development center.
(6) In any State (A) in which the Administration has not made a
grant pursuant to paragraph (1) of subsection (a) of this section, or
(B) in which no application for a grant has been made by a Small
Business Development Center pursuant to paragraph (6) of such subsection
within 60 days after the effective date of any grant under subsection
(a)(1) of this section to such center or the date the Administration
notifies the grantee funded under subsection (a)(1) of this section that
funds are available for grant applications pursuant to subsection (a)(6)
of this section, whichever date occurs last, the Administration may make
grants to a non-profit entity in that State to carry out the activities
specified in paragraph (6) of subsection (a) of this section. Any such
applicants shall comply with the matching funds requirement of paragraph
(4) of subsection (a) of this section. Such grants shall be effective
for any fiscal year only to the extent provided in advance in
appropriations Acts, and each State shall be limited to the pro rata
share provisions of paragraph (6) of subsection (a) of this section.
(7) In performing the services identified in paragraph (3), the
Small Business Development Centers shall work in close cooperation with
the Administration's regional and local offices, the local small
business community, and appropriate State and local agencies.
(8) The Associate Administrator for Small Business Development
Centers, in consultation with the Small Business Development Centers,
shall develop and implement an information sharing system. Subject to
amounts approved in advance in appropriations Acts, the Administration
may make grants or enter \3\ cooperative agreements with one or more
centers to carry out the provisions of this paragraph. Said grants or
cooperative agreements shall be awarded for periods of no more than five
years duration. The matching funds provisions of subsection (a) of this
section shall not be applicable to grants or cooperative agreements
under this paragraph. The system shall--
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\3\ So in original. Probably should be ``enter into''.
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(A) allow Small Business Development Centers participating in
the program to exchange information about their programs; and
(B) provide information central to technology transfer.
(d) Enhancing export potential of businesses within State; State Office
of International Trade
Where appropriate, the Small Business Development Centers shall work
in conjunction with the relevant State agency and the Department of
Commerce to develop a comprehensive plan for enhancing the export
potential of small businesses located within the State. This plan may
involve the cofunding and staffing of a State Office of International
Trade within the State Small Business Development Center, using joint
State and Federal funding, and any other appropriate measures directed
at improving the export performance of small businesses within the
State.
(e) Laboratory assistance; reimbursement for services
Laboratories operated and funded by the Federal Government are
authorized and directed to cooperate with the Administration in
developing and establishing programs to support small business
development centers by making facilities and equipment available;
providing experiment station capabilities in adaptive engineering;
providing library and technical information processing capabilities; and
providing professional staff for consulting. The Administration is
authorized to reimburse the laboratories for such services.
(f) National Science Foundation; cooperation with Administration and
Small Business Development Centers; center support
The National Science Foundation is authorized and directed to
cooperate with the Administration and with the Small Business
Development Centers in developing and establishing programs to support
the centers.
(g) National Aeronautics and Space Administration and regional
technology transfer centers
The National Aeronautics and Space Administration and regional
technology transfer centers supported by the National Aeronautics and
Space Administration are authorized and directed to cooperate with small
business development centers participating in the program.
(h) Associate Administrator for Small Business Development Centers
(1) Appointment and compensation
The Administrator shall appoint an Associate Administrator for
Small Business Development Centers who shall report to an official
who is not more than one level below the Office of the Administrator
and who shall serve 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 a
rate not less than the rate of GS-17 of the General Schedule.
(2) Duties
(A) In general
The sole responsibility of the Associate Administrator for
Small Business Development Centers shall be to administer the
small business development center program. Duties of the
position shall include recommending the annual program budget,
reviewing the annual budgets submitted by each applicant,
establishing appropriate funding levels therefore, selecting
applicants to participate in this program, implementing the
provisions of this section, maintaining a clearinghouse to
provide for the dissemination and exchange of information
between small business development centers and conducting audits
of recipients of grants under this section.
(B) Consultation requirements
In carrying out the duties described in this subsection, the
Associate Administrator shall confer with and seek the advice of
the Board established by subsection (i) of this section and
Administration officials in areas served by the small business
development centers; however, the Associate Administrator shall
be responsible for the management and administration of the
program and shall not be subject to the approval or concurrence
of such Administration officials.
(i) National Small Business Development Center Advisory Board;
establishment; membership; term; Chairman; advisory and
counseling functions; meetings; compensation
(1) There is established a National Small Business Development
Center Advisory Board (herein referred to as ``Board'') which shall
consist of nine members appointed from civilian life by the
Administrator and who shall be persons of outstanding qualifications
known to be familiar and sympathetic with small business needs and
problems. No more than three members shall be from universities or their
affiliates and six shall be from small businesses or associations
representing small businesses. At the time of the appointment of the
Board, the Administrator shall designate one-third of the members and at
least one from each category whose term shall end in two years from the
date of appointment, a second third whose term shall end in three years
from the date of appointment, and the final third whose term shall end
in four years from the date of appointment. Succeeding Boards shall have
three-year terms, with one-third of the Board changing each year.
(2) The Board shall elect a Chairman and advise, counsel, and confer
with the Associate Administrator for Small Business Development Centers
in carrying out the duties described in this section. The Board shall
meet at least semiannually and at the call of the Chairman of the Board.
Each member of the Board shall be entitled to be compensated at the rate
not in excess of the per diem, equivalent of the highest rate of pay for
individuals occupying the position under GS-18 of the General Schedule
for each day engaged in activities of the Board and shall be entitled to
be reimbursed for expenses as a member of the Board.
(j) Small business development center advisory board; establishment;
chairman; conferences with director on policy
(1) Each small business development center shall establish an
advisory board.
(2) Each small business development center advisory board shall
elect a chairman and advise, counsel, and confer with the director of
the small business development center on all policy matters pertaining
to the operation of the small business development center, including who
may be eligible to receive assistance from, and how local and regional
private consultants may participate with the small business development
center.
(k) Program examination and certification
(1) Examination
Not later than 180 days after October 22, 1994, the
Administration shall develop and implement a biennial programmatic
and financial examination of each small business development center
established pursuant to this section.
(2) Certification
The Administration may provide financial support, by contract or
otherwise, to the association authorized by subsection (a)(3)(A) of
this section for the purpose of developing a small business
development center certification program.
(3) Extension or renewal of cooperative agreements
(A) In general
In extending or renewing a cooperative agreement of a small
business development center, the Administration shall consider
the results of the examination and certification program
conducted pursuant to paragraphs (1) and (2).
(B) Certification requirement
After September 30, 2000, the Administration may not renew
or extend any cooperative agreement with a small business
development center unless the center has been approved under the
certification program conducted pursuant to this subsection,
except that the Associate Administrator for Small Business
Development Centers may waive such certification requirement, in
the discretion of the Associate Administrator, upon a showing
that the center is making a good faith effort to obtain
certification.
(l) Contract authority
The authority 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 administration has entered 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 Administration provides
the applicant with written notification setting forth the reasons
therefore and affording the applicant an opportunity for a hearing,
appeal, or other administrative proceeding under the provisions of
chapter 5 of title 5. If any contract or cooperative agreement under
this section with an entity that is covered by this section is not
renewed or extended, any award of a successor contract or cooperative
agreement under this section to another entity shall be made on a
competitive basis.
(m) Prohibition on certain fees
A small business development center shall not impose or otherwise
collect a fee or other compensation in connection with the provision of
counseling services under this section.
(Pub. L. 85-536, Sec. 2[21], as added Pub. L. 96-302, title II,
Sec. 202, July 2, 1980, 94 Stat. 843; amended Pub. L. 98-395, Sec. 2,
Aug. 21, 1984, 98 Stat. 1366; Pub. L. 100-418, title VIII, Sec. 8006(b),
Aug. 23, 1988, 102 Stat. 1557; Pub. L. 100-590, title I, Secs. 134,
135(3), Nov. 3, 1988, 102 Stat. 3006, 3007; Pub. L. 101-515, title V,
Secs. 5(a), 6, Nov. 5, 1990, 104 Stat. 2142; Pub. L. 101-574, title II,
Sec. 201(a)(1), title III, Sec. 303, Nov. 15, 1990, 104 Stat. 2818,
2828; Pub. L. 102-366, title II, Secs. 212, 223(a), Sept. 4, 1992, 106
Stat. 998, 1000; Pub. L. 103-81, Sec. 9(a), Aug. 13, 1993, 107 Stat.
783; Pub. L. 103-403, title IV, Secs. 402-404, Oct. 22, 1994, 108 Stat.
4190, 4191; Pub. L. 104-66, title II, Sec. 2121, Dec. 21, 1995, 109
Stat. 730; Pub. L. 104-121, title II, Sec. 214(a), Mar. 29, 1996, 110
Stat. 859; Pub. L. 104-208, div. D, title I, Sec. 106, Sept. 30, 1996,
110 Stat. 3009-731; Pub. L. 105-135, title V, Secs. 502, 506(a), Dec. 2,
1997, 111 Stat. 2622, 2624; Pub. L. 105-277, div. C, title IX, Sec. 905,
Oct. 21, 1998, 112 Stat. 2681-710; Pub. L. 106-554, Sec. 1(a)(9) [title
V, Sec. 503(e), title VIII, Sec. 804(b)], Dec. 21, 2000, 114 Stat. 2763,
2763A-695, 2763A-703; Pub. L. 107-20, title II, Sec. 2203(b), July 24,
2001, 115 Stat. 170.)
References in Text
Section 20(a), referred to in subsec. (a)(4)(C)(i)(I), (v), means
section 2[20(a)] of Pub. L. 85-536, as amended, which is set out as a
note under section 631 of this title.
Section 312(a) of the Small Business Regulatory Enforcement Fairness
Act of 1996, referred to in subsec. (c)(3)(R), probably means section
212(a) of Pub. L. 104-121, which is set out in a note under section 601
of Title 5, Government Organization and Employees, because Pub. L. 104-
121 does not contain a section 312.
The provisions of title 5 governing appointments in the competitive
service, referred to in subsec. (h)(1), are classified to section 3301
et seq. of Title 5.
The General Schedule, referred to in subsecs. (h)(1) and (i)(2), is
set out under section 5332 of Title 5.
Codification
October 22, 1994, referred to in subsec. (k)(1), was in the original
``the date of enactment of this subsection'', which was translated as
meaning the date of enactment of Pub. L. 103-403, which amended subsec.
(k) generally, to reflect the probable intent of Congress.
In subsec. (l), ``chapter 7 of title 5'' substituted for ``the
Administrative Procedure Act'' on authority of Pub. L. 89-554,
Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
Prior Provisions
A prior section 648 of this title, act July 30, 1953, ch. 282, title
II, Sec. 219, 67 Stat. 239, which related to requirements for loans, was
omitted as superseded by section 642 of this title. See Codification
note set out under section 631 of this title.
A prior section 2[21] of Pub. L. 85-536 was renumbered section 2[36]
and is set out as a note under section 631 of this title.
Amendments
2001--Subsec. (a)(4)(C)(v)(II). Pub. L. 107-20 inserted ``, or
accompanying report language,'' after ``in appropriations Acts''.
2000--Subsec. (a)(4)(C). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
Sec. 804(b)], amended heading and text of subpar. (C) generally,
substituting present provisions for provisions providing that the amount
of a grant received by a State under this section would be equal to the
greater of $500,000, or the sum of the State's pro rata share of the
national program, plus $300,000 in fiscal year 1998, $400,000 in fiscal
year 1999, and $500,000 in each fiscal year thereafter, provisions
relating to pro rata reductions, matching requirement, and exception for
grants provided to a small business development center to carry out the
provisions of subsection (c)(3)(G), and provisions setting forth
appropriations of $85,000,000 for fiscal year 1998, $90,000,000 for
fiscal year 1999, and $95,000,000 for fiscal year 2000 and each fiscal
year thereafter.
Subsec. (c)(3)(T). Pub. L. 106-554, Sec. 1(a)(9) [title V,
Sec. 503(e)], substituted ``2003'' for ``2000''.
1998--Subsec. (c)(3)(T). Pub. L. 105-277 added subpar. (T).
1997--Subsec. (a)(1). Pub. L. 105-135, Sec. 502(a)(1), inserted
``any women's business center operating pursuant to section 656 of this
title,'' after ``credit or finance corporation,'', ``or a women's
business center operating pursuant to section 656 of this title'' after
``other than an institution of higher education'', and ``and women's
business centers operating pursuant to section 656 of this title'' after
``utilize institutions of higher education''.
Subsec. (a)(3). Pub. L. 105-135, Sec. 502(a)(2)(A), substituted
``for the delivery of programs and services to the small business
community. Such programs and services shall be jointly developed,
negotiated, and agreed upon, with full participation of both parties,
pursuant to an executed cooperative agreement between the Small Business
Development Center applicant and the Administration'' for ``, but with
recognition that a partnership exists under this section between the
Administration and the applicant for the delivery of assistance to the
small business community. Services shall be provided pursuant to a
negotiated cooperative agreement with full participation of both
parties''.
Subsec. (a)(3)(C). Pub. L. 105-135, Sec. 502(a)(2)(B), added subpar.
(C).
Subsec. (a)(4)(C)(i). Pub. L. 105-135, Sec. 502(a)(3)(A), added cl.
(i) and struck out heading and text of former cl. (i). Text read as
follows: ``Except as provided in clause (ii), no State receiving funds
under this section shall receive a grant that exceeds--
``(I) for fiscal year 1995, the sum of such State's pro rata
share of a national program based upon the population of the State
as compared to the total population in the United States, and
$125,000; or
``(II) in each succeeding fiscal year, the sum of such State's
pro rata share of a national program based upon the population of
the State as compared to the total population in the United States,
and $200,000.''
Subsec. (a)(4)(C)(iii). Pub. L. 105-135, Sec. 502(a)(3)(B), added
cl. (iii) and struck out former cl. (iii) which read as follows:
``(iii) Amount.--The amount of the national program shall be--
``(I) $70,000,000 through September 30, 1996;
``(II) $77,500,000 from October 1, 1996 through September 30,
1997; and
``(III) $85,000,000 beginning October 1, 1997.''
Subsec. (a)(6)(C). Pub. L. 105-135, Sec. 502(a)(4), added subpar.
(C).
Subsec. (c)(3). Pub. L. 105-135, Sec. 502(b)(4), redesignated
closing provisions as par. (4). Former par. (4) redesignated (5).
Subsec. (c)(3)(A). Pub. L. 105-135, Sec. 502(b)(1)(A), substituted
``businesses, including--'' for ``businesses;'' in introductory
provisions and added cls. (i) to (iv).
Subsec. (c)(3)(B). Pub. L. 105-135, Sec. 502(b)(1)(B), realigned
margins.
Subsec. (c)(3)(C). Pub. L. 105-135, Sec. 502(b)(1)(B), (C),
realigned margins and inserted ``and the Administration'' after ``Small
Business Development Center''.
Subsec. (c)(3)(D) to (G), (M) to (O), (Q), (R). Pub. L. 105-135,
Sec. 502(b)(1)(B), realigned margins.
Subsec. (c)(3)(S). Pub. L. 105-135, Sec. 506(a), added subpar. (S).
Subsec. (c)(4). Pub. L. 105-135, Sec. 502(b)(4), redesignated
closing provisions of par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 105-135, Sec. 502(b)(3), redesignated par.
(4) as (5). Former par. (5) redesignated (6).
Pub. L. 105-135, Sec. 502(b)(2), realigned margins, substituted
``subsection (a)(1) of this section'' for ``paragraph (a)(1)'' and
``whichever date occurs last,'' for ``which ever date occurs last,,''.
Subsec. (c)(6) to (8). Pub. L. 105-135, Sec. 502(b)(3), redesignated
pars. (5) to (7) as (6) to (8), respectively.
Subsec. (l). Pub. L. 105-135, Sec. 502(c), inserted at end ``If any
contract or cooperative agreement under this section with an entity that
is covered by this section is not renewed or extended, any award of a
successor contract or cooperative agreement under this section to
another entity shall be made on a competitive basis.''
Subsec. (m). Pub. L. 105-135, Sec. 502(d), added subsec. (m).
1996--Subsec. (c)(3)(Q), (R). Pub. L. 104-121 added subpars. (Q) and
(R).
Subsec. (c)(7). Pub. L. 104-208, Sec. 106(a)(2)(A), substituted
``Associate Administrator for Small Business Development Centers'' for
``Deputy Associate Administrator of the Small Business Development
Center program''.
Subsec. (h). Pub. L. 104-208, Sec. 106(a)(1), amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows:
``(h)(1) The Administrator shall appoint a Associate Administrator
for Small Business Development Centers who shall report to an official
who is not more than one level below the Office of the Administrator and
who shall serve 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 a rate not less
than the rate of GS-17 of the General Schedule.
``(2) The sole responsibility of the Associate Administrator for
Small Business Development Centers shall be to administer the small
business development center program. Duties of the position shall
include, but are not limited to, recommending the annual program budget,
reviewing the annual budgets submitted by each applicant, establishing
appropriate funding levels therefore, selecting applicants to
participate in this program, implementing the provisions of this
section, maintaining a clearinghouse to provide for the dissemination
and exchange of information between small business development centers
and conducting audits of recipients of grants under this section. The
Associate Administrator for Small Business Development Centers shall
confer with and seek the advise and counsel of the Board in carrying out
the responsibilities described in this subsection.''
Subsec. (i)(2). Pub. L. 104-208, Sec. 106(a)(2)(B), substituted
``Associate Administrator for Small Business Development Centers'' for
``Deputy Associate Administrator for Management Assistance''.
Subsec. (k)(3). Pub. L. 104-208, Sec. 106(b), amended heading and
text of par. (3) generally. Prior to amendment, text read as follows:
``In extending or renewing a cooperative agreement of a small business
development center, the Administration shall consider the results of the
examination and certification program conducted pursuant to paragraphs
(1) and (2).''
Subsec. (l). Pub. L. 104-208, Sec. 106(c), amended heading and text
of subsec. (l) generally. Prior to amendment, text read as follows:
``The authority to enter into contracts shall be in effect for each
fiscal year only to the extent or in the amounts as are provided in
advance in appropriations Acts. After the administration has entered 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 Administration provides the
applicant with written notification setting forth the reasons therefor
and affording the applicant an opportunity for a hearing, appeal or
other administrative proceeding under the provisions of chapter 7 of
title 5.''
1995--Subsec. (g). Pub. L. 104-66 amended subsec. (g) generally.
Prior to amendment, subsec. (g) read as follows: ``The National
Aeronautics and Space Administration and industrial application centers
supported by the National Aeronautics and Space Administration are
authorized and directed to cooperate with small business development
centers participating in this program. The National Aeronautics and
Space Administration shall report annually on the performance of such
industrial application centers with recommendations to the
Administration and the Congress on how such industrial application
centers can be strengthened and expanded. The National Aeronautics and
Space Administration shall include in its report to Congress information
on the ability of industrial application centers to interact with the
Nation's small business community and recommendations to the
Administration on continued funding.''
1994--Subsec. (a)(4). Pub. L. 103-403, Sec. 402, amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ``Except as
provided in paragraph (4), the Administration shall require, as a
condition to any grant (or amendment or modification thereof) made to an
applicant under this section that an additional amount (excluding any
fees collected from recipients of such assistance) equal to the amount
of such grant be provided from sources other than the Federal
Government: Provided, That the additional amount shall not include any
amount of indirect costs or in-kind contributions paid for under any
Federal program, nor shall such indirect costs or in-kind contributions
exceed 50 per centum of the non-Federal additional amount: Provided
further, That no recipient of funds under this section shall receive a
grant which would exceed its pro rata share of a $70,000,000 program
based upon the population to be served by the Small Business Development
Center as compared to the total population of the United States, plus
$100,000 for each State, but no State shall receive less than
$200,000.''
Subsec. (a)(5). Pub. L. 103-403, Sec. 403, amended par. (5)
generally, substituting present provisions for former provisions which
required matching amount from non-Federal sources equal to amount of
Federal grant.
Subsec. (k). Pub. L. 103-403, Sec. 404, amended subsec. (k)
generally. Prior to amendment, subsec. (k) read as follows: ``Within six
months of August 21, 1984, the Administration shall develop and
implement a program proposal for onsite evaluation of each Small
Business Development Center. Such evaluation shall be conducted at least
once every two years and shall provide for the participation of a
representative of at least one other Small Business Development Center
on a cost-reimbursement basis.''
1993--Subsec. (c)(7). Pub. L. 103-81 substituted ``system. Subject
to amounts approved in advance in appropriations Acts, the
Administration may make grants or enter cooperative agreements with one
or more centers to carry out the provisions of this paragraph. Said
grants or cooperative agreements shall be awarded for periods of no more
than five years duration. The matching funds provisions of subsection
(a) of this section shall not be applicable to grants or cooperative
agreements under this paragraph. The system shall'' for ``system which
will'' in introductory provisions.
1992--Subsec. (a)(3)(A), (B). Pub. L. 102-366, Sec. 223(a), added
subpars. (A) and (B).
Subsec. (c)(3)(D) to (G). Pub. L. 102-366, Sec. 212, redesignated
former subpars. (E) to (G) as (D) to (F), respectively, added subpar.
(G), and struck out former subpar. (D) which read as follows:
``assisting small businesses in developing and implementing marketing
and production strategies that will enable them to better compete within
the domestic market;''.
1990--Subsec. (a)(1). Pub. L. 101-515, Sec. 6, struck out period at
end of first sentence and inserted ``: Provided, That after December 31,
1990, the Administration shall not make a grant to any applicant other
than an institution of higher education as a Small Business Development
Center unless the applicant was receiving a grant (including a contract
or cooperative agreement) on such date. The Administration shall require
any applicant for a small business development center grant with
performance commencing on or after January 1, 1992 to have its own
budget and to primarily utilize institutions of higher education to
provide services to the small business community.''
Subsec. (a)(4). Pub. L. 101-515, Sec. 5(a), and Pub. L. 101-574,
Sec. 201(a)(1), amended par. (4) identically, substituting ``Provided
further, That no recipient of funds under this section shall receive a
grant which would exceed its pro rata share of a $70,000,000 program
based upon the population to be served by the Small Business Development
Center as compared to the total population of the United States, plus
$100,000 for each State, but no State shall receive less than
$200,000.'' for ``Provided further, That no recipient of funds under
this section shall receive a grant which would exceed its pro rata share
of a $65,000,000 program based upon the population to be served by the
Small Business Development Center as compared to the total population in
the United States, or $200,000, whichever is greater.''
Subsec. (c)(3)(M) to (P). Pub. L. 101-574, Sec. 303, added subpars.
(M) to (O) and redesignated former subpar. (M) as (P).
1988--Subsec. (a)(1). Pub. L. 100-418, Sec. 8006(b)(1), inserted
provision relating to management and technical assistance regarding
small business participation in international markets, export promotion
and technology transfer.
Subsec. (a)(2) to (6). Pub. L. 100-418, Sec. 8006(b)(2), (3), added
par. (2), redesignated former pars. (2) to (4) as (3) to (5),
respectively, and added par. (6).
Subsec. (c)(3)(B) to (M). Pub. L. 100-418, Sec. 8006(b)(4), (5),
added subpars. (B) to (G), redesignated former subpars. (C) to (H) as
(H) to (M), respectively, and struck out former subpar. (B) which read
as follows: ``assisting in technology transfer, research, and coupling
from existing sources to small businesses;''.
Subsec. (c)(5). Pub. L. 100-590, Sec. 135(3), inserted ``or the date
the Administration notifies the grantee funded under subsection (a)(1)
of this section that funds are available for grant applications pursuant
to subsection (a)(6) of this section, which ever date occurs last,''
after ``such center''.
Pub. L. 100-418, Sec. 8006(b)(6), added par. (5).
Subsec. (c)(6), (7). Pub. L. 100-418, Sec. 8006(b)(6), added pars.
(6) and (7).
Subsecs. (d) to (g). Pub. L. 100-418, Sec. 8006(b)(7), added subsec.
(d) and redesignated former subsecs. (d) to (f) as (e) to (g),
respectively. Former subsec. (g) redesignated (h).
Subsec. (h). Pub. L. 100-590, Sec. 134(1), (2), which directed that
subsec. (g) be amended by substituting ``Associate Administrator for
Small Business Development Centers'' for ``Deputy Associate
Administrator for Management Assistance'' in three places, and in par.
(1) by substituting ``an official who is not more than one level below
the Office of the Administrator'' for ``the Associate Administrator for
Management Assistance'', was executed to subsec. (h) to reflect the
probable intent of Congress and the intervening redesignation of subsec.
(g) as (h) by section 8006(b)(7) of Pub. L. 100-418.
Pub. L. 100-418, Sec. 8006(b)(7), redesignated former subsec. (g) as
(h). Former subsec. (h) redesignated (i).
Subsecs. (i) to (k). Pub. L. 100-418, Sec. 8006(b)(7), redesignated
former subsecs. (h) to (j) as (i) to (k), respectively. Former subsec.
(k) redesignated (l).
Subsec. (l) Pub. L. 100-590, Sec. 134(3), which directed that
subsec. (k) be amended by inserting provisions which prohibited
Administration from suspending, terminating or failing to renew or
extend any contract without written notification and opportunity for
hearing, appeal or other administrative proceeding, was executed to
subsec. (l) to reflect the probable intent of Congress and the
intervening redesignation of subsec. (k) as (l) by section 8006(b)(7) of
Pub. L. 100-418.
Pub. L. 100-418, Sec. 8006(b)(7), redesignated former subsec. (k) as
(l).
1984--Subsec. (a)(1). Pub. L. 98-395, Sec. 2(1), inserted ``The term
of such grants shall be made on a calendar year basis or to coincide
with the Federal fiscal year.''
Subsec. (a)(2) to (4). Pub. L. 98-395, Sec. 2(2), added pars. (2) to
(4). Former par. (2), which contained provisions similar to par. (3),
was struck out.
Subsec. (b)(1). Pub. L. 98-395, Sec. 2(3), substituted ``Financial''
for ``During fiscal years 1981, 1982, and 1983, financial''.
Subsec. (c)(2). Pub. L. 98-395, Sec. 2(4), inserted in provisions
preceding subpar. (A) ``The facilities and staff of each Small Business
Development Center shall be located in such places as to provide maximum
accessibility and benefits to the small businesses which the center is
intended to serve.''
Subsec. (c)(2)(A). Pub. L. 98-395, Sec. 2(5), substituted
``including a full-time director who shall have the authority to make
expenditures under the center's budget and who shall manage the program
activities;'' for ``including a staff director to manage the program
activities.''
Subsec. (e). Pub. L. 98-395, Sec. 2(6), substituted provisions
authorizing the National Science Foundation to cooperate with the
Administration and with Small Business Development Centers in developing
and establishing programs to support the centers, for former provisions
which related to the National Science Foundation and innovation centers,
and reports to be made to the Administration and Congress.
Subsec. (h)(2). Pub. L. 98-395, Sec. 2(7), substituted ``at least
semiannually'' for ``at least quarterly''.
Subsec. (i)(1). Pub. L. 98-395, Sec. 2(8), substituted ``shall'' for
``may''.
Subsec. (j). Pub. L. 98-395, Sec. 2(9), substituted provisions
mandating that the Administration develop and implement program
proposals for onsite evaluation of each Small Business Development
Center for provisions which related to the establishment of program
evaluation plans and their submission to Congressional committees.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3
of Pub. L. 105-135, set out as a note under section 631 of this title.
Effective Date of 1996 Amendments
Amendment by Pub. L. 104-208 effective Oct. 1, 1996, see section 3
of Pub. L. 104-208, set out as a note under section 633 of this title.
Amendment by Pub. L. 104-121 effective on expiration of 90 days
after Mar. 29, 1996, see section 216 of Pub. L. 104-121, set out in a
Small Business Regulatory Fairness note under section 601 of Title 5,
Government Organization and Employees.
Effective Date of 1990 Amendments
Section 201(a)(2) of Pub. L. 101-574 provided that: ``The amendment
made by paragraph (1) [amending this section] shall apply to contracts,
grants, or cooperative agreements for performance commencing on or after
October 1, 1991. Contracts, grants, or cooperative agreements the
performance of which commences before October 1, 1991, shall receive
funding for the entire term of performance without regard to the
amendment made by paragraph (1) and according to the State's pro rata
share of a $65,000,000 program as computed on the effective date of this
section [Nov. 15, 1990] under population estimates used for calendar
year 1990 agreements, plus $50,000 for each State, but no State shall
receive less than $200,000.''
Section 5(c) of Pub. L. 101-515 provided that: ``The amendments to
the second proviso in subsection (a)(4) [15 U.S.C. 648(a)(4)] made by
subsection (a) of this section shall apply to contracts, grants or
cooperative agreements for performance commencing on or after October 1,
1991; contracts, grants or cooperative agreements for performance
commencing prior thereto shall receive funding for the entire term of
performance without regard to this amendment and according to the
State's pro rata share of a $65,000,000 program as computed on the
effective date of this section [Nov. 5, 1990] under population estimates
used for calendar year 1990 agreements, plus $50,000 for each State, but
no State shall receive less than $200,000.''
Effective and Termination Dates
Section 204 of Pub. L. 96-302, as amended by Pub. L. 98-177, Nov.
29, 1983, 97 Stat. 1125; Pub. L. 98-395, Sec. 4, Aug. 21, 1984, 98 Stat.
1368; Pub. L. 101-162, title V, (6), Nov. 21, 1989, 103 Stat. 1028,
which provided for the repeal, effective Oct. 1, 1991, of sections 201
and 202 of Pub. L. 96-302, which enacted this section and provisions set
out as a note under section 631 of this title and redesignated section
2[21] as 2[30] of Pub. L. 85-536, set out as a note under section 631 of
this title, was repealed by Pub. L. 101-515, Sec. 5(b), Nov. 5, 1990,
104 Stat. 2142, and Pub. L. 101-574, title II, Sec. 201(b), Nov. 15,
1990, 104 Stat. 2818.
Section effective Oct. 1, 1980, see section 507 of Pub. L. 96-302,
set out as an Effective Date of 1980 Amendment note under section 631 of
this title.
Short Title
For short title of title II of Pub. L. 96-302 as the Small Business
Development Center Act of 1980, see Short Title of 1980 Amendment note
set out under section 631 of this title.
Regulations
Section 223(b) of Pub. L. 102-366, as amended by Pub. L. 103-81,
Sec. 9(c), Aug. 13, 1993, 107 Stat. 783, provided that: ``Not later than
180 days after the date of enactment of this Act [Sept. 4, 1992], the
Administrator of the Small Business Administration shall submit to the
Committees on Small Business and the Committees on Appropriations of the
Senate and the House of Representatives, proposed regulations for the
Small Business Development Center Program authorized by section 21 of
the Small Business Act (15 U.S.C. 648).''
Small Business Technology Transfer Demonstration Program
Section 231 of Pub. L. 101-574, as amended by Pub. L. 102-564, title
III, Sec. 302, Oct. 28, 1992, 106 Stat. 4262, provided that:
``(a) Establishment.--There is established within the Small Business
Administration a Small Business Technology Transfer Demonstration
Program (hereafter referred to as the `Program').
``(b) Purpose of Program.--The purpose of the Program is to
demonstrate the feasibility of providing small businesses with
education, training, and technical assistance with respect to technology
transfer and application through an eligible entity.
``(c) Program Activities.--The eligible entity shall undertake,
through a regional network of participating community and technical
colleges, a program of activities to provide small business concerns
training and assistance with respect to--
``(1) technological innovations,
``(2) statistical process control,
``(3) computer-assisted design,
``(4) computer-assisted manufacturing and computer-integrated
manufacturing,
``(5) implementation and deployment of telecommunications and
other interactive systems, and
``(6) other new equipment and advanced manufacturing processes.
``(d) Cooperative Agreement.--The Administration is authorized to
award a cooperative agreement to an eligible entity to undertake a
demonstration program pursuant to this subsection.
``(e) Regulations.--
``(1) In general.--The Administrator shall issue regulations for
the implementation of the Program within 180 days of the date of the
enactment of this Act [Nov. 15, 1990].
``(2) Allocation of funding.--In addition to any other matters
which the Administration deems appropriate, such Program regulations
shall provide for the allocation of funds among the educational
institutions that comprise the eligible entity on the basis of scope
of the assistance and training activities to be offered small
business concerns under the Program and the capability of the
educational institution to provide such Program activities.
``(f) Use of Small Business Development Centers and Other
Resources.--In implementing the Program, the Administrator shall assure
that the eligible entity uses to the maximum extent feasible Small
Business Development Centers, receiving support pursuant to section 21
of the Small Business Act (15 U.S.C. 648), and other available sources
in conducting the Program.
``(g) Duration of the Program.--The Program shall terminate on
September 30, 1995.
``(h) Report.--The Administrator shall monitor the implementation of
the Program established by this section and submit a report evaluating
such implementation to the Committees on Small Business of the Senate
and the House of Representatives by not later than June 30, 1993,
including appropriate recommendations regarding continuation of the
Program and its extension to other regions in the country.
``(i) Authorization.--There is authorized to be appropriated to the
Small Business Administration $5,000,000 for each of the fiscal years
1994 and 1995 1993 [sic] to carry out the Program established by this
section.
``(j) Definitions.--For purposes of this section:
``(1) The term `eligible entity' means the Community College
Association for Technology Transfer or, if such organization is not
available, another not-for-profit association of community and
technical colleges determined to be eligible for an award of a
cooperative agreement, under the regulations issued pursuant to
subsection (e).
``(2) The term `Community College Association for Technology
Transfer' (`CCATT') means a coalition currently composed of 16
community and technical colleges located in the Midwest which has
proposed a cooperative regional program for technology transfer and
application for the benefit of small businesses to revitalize the
regional economy.''
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
Section Referred to in Other Sections
This section is referred to in sections 636, 654, 657c of this
title.
