§ 648. Small business development center program authorization  


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  • (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) Cooperation to provide international trade services.—(A) Information and services.—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 (including State trade 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.(B) Cooperation with state trade agencies and export assistance centers.—A small business development center that counsels a small business concern on issues relating to international trade shall—(i) consult with State trade agencies and Export Assistance Centers to provide appropriate services to the small business concern; and(ii) as necessary, refer the small business concern to a State trade agency or an Export Assistance Center for further counseling or assistance.(C) Definition.—In this paragraph, the term “Export Assistance Center” has the same meaning as in section 649 of this title.(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 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 accreditation(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) Accreditation

    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 accreditation 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 accreditation program conducted pursuant to paragraphs (1) and (2).

    (B) Accreditation 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 accreditation program conducted pursuant to this subsection, except that the Associate Administrator for Small Business Development Centers may waive such accreditation requirement, in the discretion of the Associate Administrator, upon a showing that the center is making a good faith effort to obtain accreditation.

    (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 7 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.

    (n) Veterans assistance and services program(1) In general

    A small business development center may apply for a grant under this subsection to carry out a veterans assistance and services program.

    (2) Elements of programUnder a program carried out with a grant under this subsection, a small business development center shall—(A) create a marketing campaign to promote awareness and education of the services of the center that are available to veterans, and to target the campaign toward veterans, service-disabled veterans, military units, Federal agencies, and veterans organizations;(B) use technology-assisted online counseling and distance learning technology to overcome the impediments to entrepreneurship faced by veterans and members of the Armed Forces; and(C) increase coordination among organizations that assist veterans, including by establishing virtual integration of service providers and offerings for a one-stop point of contact for veterans who are entrepreneurs or owners of small business concerns.(3) Amount of grants

    A grant under this subsection shall be for not less than $75,000 and not more than $250,000.

    (4) Funding

    Subject to amounts approved in advance in appropriations Acts, the Administration may make grants or enter into cooperative agreements to carry out the provisions of this subsection.

(Pub. L. 85–536, § 2[21], as added Pub. L. 96–302, title II, § 202, July 2, 1980, 94 Stat. 843; amended Pub. L. 98–395, § 2, Aug. 21, 1984, 98 Stat. 1366; Pub. L. 100–418, title VIII, § 8006(b), Aug. 23, 1988, 102 Stat. 1557; Pub. L. 100–590, title I, §§ 134, 135(3), Nov. 3, 1988, 102 Stat. 3006, 3007; Pub. L. 101–515, title V, §§ 5(a), 6, Nov. 5, 1990, 104 Stat. 2142; Pub. L. 101–574, title II, § 201(a)(1), title III, § 303, Nov. 15, 1990, 104 Stat. 2818, 2828; Pub. L. 102–366, title II, §§ 212, 223(a), Sept. 4, 1992, 106 Stat. 998, 1000; Pub. L. 103–81, § 9(a), Aug. 13, 1993, 107 Stat. 783; Pub. L. 103–403, title IV, §§ 402–404, Oct. 22, 1994, 108 Stat. 4190, 4191; Pub. L. 104–66, title II, § 2121, Dec. 21, 1995, 109 Stat. 730; Pub. L. 104–121, title II, § 214(a), Mar. 29, 1996, 110 Stat. 859; Pub. L. 104–208, div. D, title I, § 106, Sept. 30, 1996, 110 Stat. 3009–731; Pub. L. 105–135, title V, §§ 502, 506(a), Dec. 2, 1997, 111 Stat. 2622, 2624; Pub. L. 105–277, div. C, title IX, § 905, Oct. 21, 1998, 112 Stat. 2681–710; Pub. L. 106–554, § 1(a)(9) [title V, § 503(e), title VIII, § 804(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–695, 2763A–703; Pub. L. 107–20, title II, § 2203(b), July 24, 2001, 115 Stat. 170; Pub. L. 108–447, div. K, title I, §§ 122, 142, Dec. 8, 2004, 118 Stat. 3449, 3454; Pub. L. 110–186, title I, § 107, Feb. 14, 2008, 122 Stat. 627; Pub. L. 111–240, title I, § 1209, Sept. 27, 2010, 124 Stat. 2536.)

References In Text

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 General Schedule, referred to in subsecs. (h)(1) and (i)(2), is set out under section 5332 of Title 5.

Codification

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.

Prior Provisions

Prior Provisions

A prior section 648 of this title, act July 30, 1953, ch. 282, title II, § 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[47] and is set out as a note under section 631 of this title.

Amendments

Amendments

2010—Subsec. (a)(2). Pub. L. 111–240 designated existing provisions as subpar. (A), inserted par. (2) and subpar. (A) headings, substituted “The small business development centers” for “The Small Business Development Centers”, inserted “(including State trade agencies),” after “local agencies”, and added subpars. (B) and (C).

2008—Subsec. (n). Pub. L. 110–186 added subsec. (n).

2004—Subsec. (a)(4)(C)(vii) to (ix). Pub. L. 108–447, § 122(b), added cls. (vii) and (viii), redesignated former cl. (viii) as (ix), and struck out heading and text of former cl. (vii). Text read as follows: “There is authorized to be appropriated to carry out this subparagraph $125,000,000 for each of fiscal years 2001, 2002, and 2003.”

Subsec. (a)(7). Pub. L. 108–447, § 142(a), added par. (7).

Subsec. (c)(3)(T). Pub. L. 108–447, § 122(a), substituted “October 1, 2006” for “October 1, 2003”.

Subsec. (k). Pub. L. 108–447, § 142(b), substituted “Accreditation” for “Certification” and “accreditation” for “certification” wherever appearing in headings and text.

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, § 1(a)(9) [title VIII, § 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, § 1(a)(9) [title V, § 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, § 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, § 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, § 502(a)(2)(B), added subpar. (C).

Subsec. (a)(4)(C)(i). Pub. L. 105–135, § 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, § 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, § 502(a)(4), added subpar. (C).

Subsec. (c)(3). Pub. L. 105–135, § 502(b)(4), redesignated closing provisions as par. (4). Former par. (4) redesignated (5).

Subsec. (c)(3)(A). Pub. L. 105–135, § 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, § 502(b)(1)(B), realigned margins.

Subsec. (c)(3)(C). Pub. L. 105–135, § 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, § 502(b)(1)(B), realigned margins.

Subsec. (c)(3)(S). Pub. L. 105–135, § 506(a), added subpar. (S).

Subsec. (c)(4). Pub. L. 105–135, § 502(b)(4), redesignated closing provisions of par. (3) as (4). Former par. (4) redesignated (5).

Subsec. (c)(5). Pub. L. 105–135, § 502(b)(3), redesignated par. (4) as (5). Former par. (5) redesignated (6).

Pub. L. 105–135, § 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, § 502(b)(3), redesignated pars. (5) to (7) as (6) to (8), respectively.

Subsec. (l). Pub. L. 105–135, § 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, § 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, § 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, § 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, § 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, § 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, § 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 the Administrative Procedures Act.”

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, § 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, § 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, § 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, § 223(a), added subpars. (A) and (B).

Subsec. (c)(3)(D) to (G). Pub. L. 102–366, § 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, § 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, § 5(a), and Pub. L. 101–574, § 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, § 303, added subpars. (M) to (O) and redesignated former subpar. (M) as (P).

1988—Subsec. (a)(1). Pub. L. 100–418, § 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, § 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, § 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, § 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, § 8006(b)(6), added par. (5).

Subsec. (c)(6), (7). Pub. L. 100–418, § 8006(b)(6), added pars. (6) and (7).

Subsecs. (d) to (g). Pub. L. 100–418, § 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, § 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, § 8006(b)(7), redesignated former subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsecs. (i) to (k). Pub. L. 100–418, § 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, § 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, § 8006(b)(7), redesignated former subsec. (k) as (l).

1984—Subsec. (a)(1). Pub. L. 98–395, § 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, § 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, § 2(3), substituted “Financial” for “During fiscal years 1981, 1982, and 1983, financial”.

Subsec. (c)(2). Pub. L. 98–395, § 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, § 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, § 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, § 2(7), substituted “at least semiannually” for “at least quarterly”.

Subsec. (i)(1). Pub. L. 98–395, § 2(8), substituted “shall” for “may”.

Subsec. (j). Pub. L. 98–395, § 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 Amendment

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

Pub. L. 101–574, title II, § 201(a)(2), Nov. 15, 1990, 104 Stat. 2818, 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.”

Pub. L. 101–515, title V, § 5(c), Nov. 5, 1990, 104 Stat. 2142, 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.”

Miscellaneous

Effective and Termination Dates

Pub. L. 96–302, title II, § 204, July 2, 1980, 94 Stat. 848, as amended by Pub. L. 98–177, Nov. 29, 1983, 97 Stat. 1125; Pub. L. 98–395, § 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, § 5(b), Nov. 5, 1990, 104 Stat. 2142, and Pub. L. 101–574, title II, § 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

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.

Miscellaneous

Regulations

Pub. L. 102–366, title II, § 223(b), Sept. 4, 1992, 106 Stat. 1000, as amended by Pub. L. 103–81, § 9(c), Aug. 13, 1993, 107 Stat. 783, provided that not later than 180 days after Sept. 4, 1992, the Administrator of the Small Business Administration was to 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 this section.

Small Business Technology Transfer Demonstration Program

Pub. L. 101–574, title II, § 231, Nov. 15, 1990, 104 Stat. 2823, as amended by Pub. L. 102–564, title III, § 302, Oct. 28, 1992, 106 Stat. 4262, established within the Small Business Administration a Small Business Technology Transfer Demonstration Program to demonstrate the feasibility of providing small businesses with education, training, and technical assistance with respect to technology transfer and application and provided that the Program would terminate on Sept. 30, 1995.

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, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.