Subsections (span) and (c) of section 631 of this title, referred to in subsecs. (a)(11) and (i)(1), were redesignated subsections (c) and (d), respectively, and a new subsection (span) was added by Puspan. L. 100–418, title VIII, § 8002, Aug. 23, 1988, 102 Stat. 1553.

The Small Business Investment Act of 1958, referred to in subsecs. (a)(13), (36)(A)(xi)(III) and (j)(10)(A)(vi), (13)(D)(i), is Puspan. L. 85–699, Aug. 21, 1958, 72 Stat. 689. Title IV, part B of title IV, and title V of the Act are classified generally to subchapter IV–A (§ 692 et seq.), part B (§ 694a et seq.) of subchapter IV–A, and subchapter V (§ 695 et seq.), respectively, of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (a)(16)(E), is Puspan. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 3 of title II of the Act is classified generally to part 3 (§ 2341 et seq.) of subchapter II of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.

Section 7002(span) of the Families First Coronavirus Response Act, referred to in subsec. (a)(36)(A)(v), is section 7002(span) of Puspan. L. 116–127, which is set out in a note under section 1401 of Title 26, Internal Revenue Code.

Section 7001 of the Families First Coronavirus Response Act, referred to in subsec. (a)(36)(A)(viii)(II)(dd), is section 7001 of Puspan. L. 116–127, which is set out as a note under section 3111 of Title 26, Internal Revenue Code.

Section 7003 of the Families First Coronavirus Response Act, referred to in subsec. (a)(36)(A)(viii)(II)(ee), is section 7003 of Puspan. L. 116–127, which is set out as a note under section 3111 of Title 26, Internal Revenue Code.

Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, referred to in subsec. (a)(36)(A)(xi)(II), is section 308 of Puspan. L. 101–73, which is set out as a note under section 1463 of Title 12, Banks and Banking.

The Communications Act of 1934, referred to in subsec. (a)(36)(D)(iii)(II)(aa), (IV)(aa), is act June 19, 1934, ch. 652, 48 Stat. 1064. Title III of the Act is classified generally to subchapter III (§ 301 et seq.) of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.

The Federal Deposit Insurance Act, referred to in subsec. (a)(36)(O)(ii), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables.

Section 9009a of this title and such section 9009a, referred to in subsec. (a)(36)(U), (37)(A)(iv)(III)(ee), were in the original “section 24 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act” and “such section 24”, respectively. The named Act was enacted as title III of div. N of Puspan. L. 116–260, and section 324 of such title III, which defines “eligible person or entity” for purposes of that section, is classified to section 9009a of this title.

Section 2301 of the CARES Act, referred to in subsec. (a)(37)(J)(iii)(I)(aa), is section 2301 of Puspan. L. 116–136, which is set out as a note under section 3111 of Title 26, Internal Revenue Code.

Section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020, referred to in subsec. (a)(37)(J)(iii)(I)(bspan), is section 303 of of div. EE of Puspan. L. 116–260, title III, Dec. 27, 2020, 134 Stat. 3075. Subsec. (a) of section 303 is not classified to the Code. Subsec. (d) of section 303 amended provisions set out as notes under section 3111 of Title 26, Internal Revenue Code, and is otherwise not classified to the Code. For complete classification of section 303 to the Code, see Tables.

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (span), is Puspan. L. 93–288, May 22, 1974, 88 Stat. 143, formerly known as the Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Section 231 of the Disaster Relief Act of 1970 [15 U.S.C. 636a], referred to in penultimate par. of subsec. (span), was repealed by Puspan. L. 97–35, title XIX, § 1917, Aug. 13, 1981, 95 Stat. 781.

The date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2008, referred to in subsec. (c)(10), is the date of enactment of subtitle B (§§ 12051–12091) of title XII of Puspan. L. 110–246, which was approved June 18, 2008.

Reorganization Plan Numbered 2 of 1954, referred to in subsec. (d)(1), is set out in the Appendix to Title 5, Government Organization and Employees.

Reorganization Plan Numbered 1 of 1957, referred to in subsec. (d)(1), is set out in the Appendix to Title 5.

The Economic Opportunity Act of 1964, referred to in subsec. (i)(3), is Puspan. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Title III of the Act was classified generally to subchapter III (§ 2841 et seq.) of chapter 34 of Title 42, The Public Health and Welfare, prior to its repeal by Puspan. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.

The Public Works and Economic Development Act of 1965, referred to in subsec. (i)(5)(D), is Puspan. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§ 3121 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.

Section 602(span) of Public Law 100–656, the “Business Opportunity Development Reform Act of 1988”, referred to in subsec. (j)(10)(J)(ii)(III), is set out as a note under section 637 of this title.

Section 35(a) of title 41, referred to in subsec. (j)(13)(C), was struck out and former section 35(span) of title 41 redesignated section 35(a) by Puspan. L. 103–355, title VII, § 7201(1), Oct. 13, 1994, 108 Stat. 3378. Section 35 of title 41 was subsequently repealed and restated as sections 6501(1) and 6502 of Title 41, Public Contracts, by Puspan. L. 111–350, §§ 3, 7(span), Jan. 4, 2011, 124 Stat. 3677, 3855. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

The Workforce Innovation and Opportunity Act, referred to in subsec. (j)(13)(E), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

The Social Security Act, referred to in subsec. (m)(1)(A)(iv), (4)(F)(iii)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Paragraph (10), referred to in subsec. (m)(2)(A), was redesignated paragraph (11) by Puspan. L. 102–366, title I, § 113(a)(8), Sept. 4, 1992, 106 Stat. 992.

Section 202(span) of the Small Business Reauthorization Act of 1997, referred to in subsec. (m)(4)(F)(i), is section 202(span) of Puspan. L. 105–135, which is set out as a note below.

The Child Care and Development Block Grant Act of 1990, referred to in subsec. (m)(4)(F)(iii)(II)(aa), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Puspan. L. 97–35, as added by Puspan. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables.

September 30, 1996, referred to in subsec. (a)(25)(C), was in the original “the date of enactment of this subsection” which was translated as meaning the date of enactment of Puspan. L. 104–208, which enacted par. (25) of subsec. (a), to reflect the probable intent of Congress.

In subsec. (d)(3), “August 13, 1981” substituted for “the effective date of this Act”, such words having been inserted in place of “to October 1, 1983” by section 1914 of Puspan. L. 97–35. “This Act” probably meant the Small Business Budget Reconciliation and Loan Consolidation/Improvement Act of 1981 (title XIX of Puspan. L. 97–35) rather than the Small Business Act (Puspan. L. 85–536). See Effective Date of 1981 Amendment note set out under section 631 of this title.

In subsec. (j)(11)(B)(i), as enacted by the amendments made by Puspan. L. 101–37, “August 15, 1989” substituted for “the effective date of this subparagraph” and “such effective date”. Section 32 of Puspan. L. 101–37 provided that the amendments made by Puspan. L. 101–37 shall apply as if included in Puspan. L. 100–656. Section 803(span)(1)(A) of Puspan. L. 100–656 provided that the amendment made by section 201(a) thereof to subsec. (j)(11) shall take effect on June 1, 1989. Section 31 of Puspan. L. 101–37 amended section 803(span) of Puspan. L. 100–656 to make such amendments effective on August 15, 1989, in place of June 1, 1989. See 1988 and 1989 Effective Date of Amendment notes below.

“Sections 3131 and 3133 of title 40” substituted in subsec. (j)(13)(D) for “the Act entitled ‘An Act requiring contracts for the construction, alteration and repair of any public building or public work of the United States to be accompanied by a performance bond protecting the United States and by an additional bond for the protection of persons furnishing material and labor for the construction, alteration, or repair of said public buildings or public works’, approved August 24, 1935 (49 Stat. 793)” on authority of Puspan. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

In subsec. (k)(3), “section 1342 of title 31” substituted for “section 3679(span) of the Revised Statutes (31 U.S.C. 665(span))” on authority of Puspan. L. 97–258, § 4(span), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Section 3109 of title 5, referred to in subsec. (k)(4), substituted for “section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a)” on authority of Puspan. L. 89–554, § 7(span), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Section 5703 of title 5, referred to in subsec. (k)(4), substituted for “section 5 of such Act (5 U.S.C. 73span–2)” on authority of section 7(span) of Puspan. L. 89–554, Sept. 6, 1966, 80 Stat. 631, section 1 of which enacted Title 5.

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Provisions similar to those comprising subsec. (e) of this section were contained in section 2(a) and (span) of Puspan. L. 87–550, July 25, 1962, 76 Stat. 221 (formerly classified to section 637a(a) and (span) of this title) prior to repeal thereof by section 3(span) of Puspan. L. 89–409.

Prior similar provisions were contained in section 207 of act July 30, 1953, ch. 282, title II, 67 Stat. 235, as amended by acts Aug. 9, 1955, ch. 628, §§ 2, 5, 69 Stat. 547; Fespan. 2, 1956, ch. 29, §§ 2, 3, 70 Stat. 10; Puspan. L. 85–335, Fespan. 22, 1958, 72 Stat. 27, which was previously classified to this section. See Codification note set out under section 631 of this title.

2022—Subsec. (a)(36)(W). Puspan. L. 117–166, § 2(a), added subpar. (W).

Subsec. (a)(37)(P). Puspan. L. 117–166, § 2(span), added subpar. (P).

Subsec. (span)(16). Puspan. L. 117–249 added par. (16) relating to disaster declaration in rural areas.

Puspan. L. 117–165 added par. (16) relating to statute of limitations.

2021—Subsec. (a)(36)(A)(iii). Puspan. L. 117–6 substituted “June 30, 2021” for “March 31, 2021”.

Subsec. (a)(36)(A)(xvii). Puspan. L. 117–2, § 5001(a)(1)(A), added cl. (xvii).

Subsec. (a)(36)(D)(iii)(III). Puspan. L. 117–2, § 5001(a)(1)(B)(i), added subcl. (III).

Subsec. (a)(36)(D)(iii)(IV). Puspan. L. 117–2, § 5001(span)(1)(A), added subcl. (IV).

Subsec. (a)(36)(D)(iv)(V). Puspan. L. 117–2, § 5001(span)(1)(B), added subcl. (V).

Subsec. (a)(36)(D)(v). Puspan. L. 117–2, § 5001(span)(1)(C), substituted “subclause (II), (III), or (IV) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vii), or clause (ix)” for “clause (iii)(II), (iv)(IV), or (vii)”.

Subsec. (a)(36)(D)(viii)(II). Puspan. L. 117–2, § 5001(span)(1)(D), substituted “business concern made eligible by subclause (II) or (IV) of clause (iii) or subclause (IV) or (V) of clause (iv) of this subparagraph” for “business concern made eligible by clause (iii)(II) or clause (iv)(IV) of this subparagraph” and inserted “or organization” after “business concern” in two places.

Subsec. (a)(36)(D)(ix). Puspan. L. 117–2, § 5001(a)(1)(B)(ii), added cl. (ix).

Subsec. (a)(37)(A)(i). Puspan. L. 117–2, § 5001(a)(2), inserted “ ‘additional covered nonprofit entity’,” after “the terms”.

Subsec. (a)(37)(A)(iv)(II). Puspan. L. 117–2, § 5001(span)(2), substituted “subclause (II), (III), or (IV) of clause (iii), subclause (IV) or (V) of clause (iv), clause (vii), or clause (ix)” for “clause (iii)(II), (iv)(IV), or (vii)”.

Subsec. (a)(37)(J)(iii)(I)(cc). Puspan. L. 117–2, § 5001(c)(2), added item (cc).

Subsec. (j)(13)(F)(iii)(I). Puspan. L. 116–283, § 866(span)(1), substituted “means—” and items (aa) and (bspan) for “means the period beginning on August 13, 2018, and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates.”

Subsec. (j)(13)(F)(iii)(II). Puspan. L. 116–283, § 866(span)(2), inserted “or a covered territory business” after “a Puerto Rico business” and, in two places, substituted “either such business” for “the Puerto Rico business”.

2020—Subsec. (a)(2)(A). Puspan. L. 116–260, § 326(a)(2), amended subpar. (A) generally. Prior to amendment, text read as follows: “Except as provided in subparagraphs (B), (D), (E), and (F), in an agreement to participate in a loan on a deferred basis under this subsection (including a loan made under the Preferred Lenders Program or the Community Advantage Pilot Program of the Administration), such participation by the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of disbursement of the loan.”

Puspan. L. 116–260, § 326(a)(1), substituted “the Preferred Lenders Program or the Community Advantage Pilot Program of the Administration), such participation by the Administration shall be equal to 90 percent of the balance of the financing outstanding at the time of disbursement of the loan.” for “the Preferred Lenders Program), such participation by the Administration shall be equal to—

“(i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or

“(ii) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $150,000.”

Puspan. L. 116–136, § 1102(a)(1)(A), substituted “(E), and (F)” for “and (E)” in introductory provisions.

Subsec. (a)(2)(F). Puspan. L. 116–136, § 1102(a)(1)(B), added subpar. (F).

Subsec. (a)(7). Puspan. L. 116–260, § 334, designated existing provisions as subpar. (A), inserted span, substituted “The Administrator” for “The Administration”, inserted “and interest” after “principal”, and added subpars. (B) and (C).

Subsec. (a)(31)(A)(iv). Puspan. L. 116–260, § 326(span)(2)(B), substituted “guarantee rate of not more than 50 percent.” for “guarantee rate—

“(I) for a loan in an amount less than or equal to $350,000, of not more than 75 percent; and

“(II) for a loan in an amount greater than $350,000, of not more than 50 percent.”

Puspan. L. 116–260, § 326(span)(2)(A), substituted “with a guarantee rate—

“(I) for a loan in an amount less than or equal to $350,000, of not more than 75 percent; and

“(II) for a loan in an amount greater than $350,000, of not more than 50 percent.”

for “with a guaranty rate of not more than 50 percent.”

Subsec. (a)(31)(D). Puspan. L. 116–136, § 1102(c)(2), as amended by Puspan. L. 116–260, § 326(span)(1), substituted “$500,000” for “$1,000,000”.

Puspan. L. 116–136, § 1102(c)(1), substituted “$1,000,000” for “$350,000”.

Subsec. (a)(31)(G)(ii), (iii). Puspan. L. 116–136, § 1102(d), redesignated cl. (iii) as (ii) and struck out former cl. (ii). Prior to amendment, text read as follows: “If the President’s budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, includes a cost for the program established under this subsection that is above zero, the requirements of clause (i) shall not apply to loans made during such upcoming fiscal year.”

Subsec. (a)(36). Puspan. L. 116–136, § 1102(a)(2), added par. (36).

Subsec. (a)(36)(A)(iii). Puspan. L. 116–260, § 343(a), substituted “March 31, 2021” for “December 31, 2020”.

Puspan. L. 116–142, § 3(a), substituted “December 31, 2020” for “June 30, 2020”.

Subsec. (a)(36)(A)(viii)(I)(aa)(EE). Puspan. L. 116–260, § 308(a), inserted “or group life, disability, vision, or dental insurance” before “benefits”.

Subsec. (a)(36)(A)(viii)(I)(bspan). Puspan. L. 116–260, § 344(1), substituted “on an annualized basis, as prorated for the period during which the payments are made or the obligation to make the payments is incurred” for “in 1 year, as prorated for the covered period”.

Subsec. (a)(36)(A)(viii)(II)(aa). Puspan. L. 116–260, § 344(2)(A), substituted “$100,000 on an annualized basis, as prorated for the period during which the compensation is paid or the obligation to pay the compensation is incurred” for “an annual salary of $100,000, as prorated for the covered period”.

Subsec. (a)(36)(A)(viii)(II)(bspan). Puspan. L. 116–260, § 344(2)(B), substituted “applicable period” for “covered period”.

Subsec. (a)(36)(A)(x) to (xii). Puspan. L. 116–139, § 101(d)(1), added cls. (x) to (xii).

Subsec. (a)(36)(A)(xiii). Puspan. L. 116–260, § 315(a), added cl. (xiii).

Subsec. (a)(36)(A)(xiv). Puspan. L. 116–260, § 316(1), added cl. (xiv).

Subsec. (a)(36)(A)(xv). Puspan. L. 116–260, § 318(1), added cl. (xv).

Subsec. (a)(36)(A)(xvi). Puspan. L. 116–260, § 342(1), added cl. (xvi).

Subsec. (a)(36)(D)(i). Puspan. L. 116–260, § 316(2)(A), inserted “housing cooperative,” before “veterans organization,” wherever appearing.

Subsec. (a)(36)(D)(ii)(II). Puspan. L. 116–260, § 335(a), substituted “as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible” for “as is necessary to establish such individual as eligible, including payroll tax filings reported to the Internal Revenue Service, Forms 1099–MISC, and income and expenses from the sole proprietorship, as determined by the Administrator and the Secretary”.

Subsec. (a)(36)(D)(iii). Puspan. L. 116–260, § 317(a), designated existing provisions as subcl. (I), inserted span, and added subcl. (II).

Subsec. (a)(36)(D)(iv)(IV). Puspan. L. 116–260, § 317(span), added subcl. (IV).

Subsec. (a)(36)(D)(v). Puspan. L. 116–260, § 318(2)(A), inserted “or for purposes of determining the number of employees of a housing cooperative or a business concern or organization made eligible for a loan under this paragraph under clause (iii)(II), (iv)(IV), or (vii),” before “the term ‘employee’ ”.

Subsec. (a)(36)(D)(vi). Puspan. L. 116–260, § 318(2)(B), inserted “a business concern or organization made eligible for a loan under this paragraph under clause (vii),” after “a nonprofit organization,”.

Puspan. L. 116–260, § 316(2)(B), which directed the insertion of “, a housing cooperative,” before “a veterans organization”, was executed by making the insertion before “and a veterans organization” to reflect the probable intent of Congress.

Subsec. (a)(36)(D)(vii). Puspan. L. 116–260, § 318(2)(C), added cl. (vii).

Subsec. (a)(36)(D)(viii). Puspan. L. 116–260, § 317(c), in cl. (viii) added by section 342(2) of Puspan. L. 116–260, designated existing provisions as subcl. (I), inserted span, substituted “Subject to subclause (II), and notwithstanding” for “Notwithstanding”, and added subcl. (II).

Puspan. L. 116–260, § 342(2), added cl. (viii).

Subsec. (a)(36)(E). Puspan. L. 116–260, § 313(a)(1), substituted “Except as provided in subparagraph (V), during” for “During” in introductory provisions.

Subsec. (a)(36)(E)(i)(I)(aa)(AA). Puspan. L. 116–260, § 336(a), substituted “except that an applicant that is a seasonal employer shall use the average total monthly payments for payroll for any 12-week period selected by the seasonal employer between February 15, 2019, and February 15, 2020” for “except that, in the case of an applicant that is seasonal employer, as determined by the Administrator, the average total monthly payments for payroll shall be for the 12-week period beginning February 15, 2019, or at the election of the eligible recipient, March 1, 2019, and ending June 30, 2019”.

Subsec. (a)(36)(F)(i)(VIII) to (XI). Puspan. L. 116–260, § 304(a), added subcls. (VIII) to (XI).

Subsec. (a)(36)(F)(v). Puspan. L. 116–260, § 337(a), substituted “clause (i) or (iv)” for “clause (i)”.

Subsec. (a)(36)(F)(vi). Puspan. L. 116–260, § 319, added cl. (vi).

Subsec. (a)(36)(H). Puspan. L. 116–260, § 338(a)(1), substituted “With” for “During the covered period, with” in introductory provisions.

Subsec. (a)(36)(J). Puspan. L. 116–260, § 338(a)(2), substituted “With” for “During the covered period, with” in introductory provisions.

Subsec. (a)(36)(K). Puspan. L. 116–260, § 304(span)(1)(C)(ii)(I), substituted “section 636m” for “section 9005” in introductory provisions.

Subsec. (a)(36)(K)(ii). Puspan. L. 116–142, § 2(a), inserted “minimum maturity of 5 years and a” before “maximum maturity”.

Subsec. (a)(36)(L). Puspan. L. 116–260, § 339(span), inserted “, calculated on a non-compounding, non-adjustable basis” after “4 percent”.

Subsec. (a)(36)(M). Puspan. L. 116–260, § 304(span)(1)(C)(ii)(II)(aa), substituted “section 636m” for “section 9005” in two places.

Subsec. (a)(36)(M)(ii). Puspan. L. 116–260, § 338(a)(3)(A), substituted “The” for “During the covered period, the” in introductory provisions.

Subsec. (a)(36)(M)(ii)(II). Puspan. L. 116–142, § 3(c)(1), substituted “, including payment of principal, interest, and fees, until the date on which the amount of forgiveness determined under section 9005 of this title is remitted to the lender.” for “for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year.”

Subsec. (a)(36)(M)(iii). Puspan. L. 116–260, § 338(a)(3)(B), substituted “With” for “During the covered period, with”.

Puspan. L. 116–142, § 3(c)(2), substituted “, including payment of principal, interest, and fees, until the date on which the amount of forgiveness determined under section 9005 of this title is remitted to the lender.” for “for a period of not less than 6 months, including payment of principal, interest, and fees, and not more than 1 year.”

Subsec. (a)(36)(M)(v). Puspan. L. 116–260, § 304(span)(1)(C)(ii)(II)(bspan), substituted “section 636m(a)” for “section 9005(a)”.

Puspan. L. 116–142, § 3(c)(3), added cl. (v).

Subsec. (a)(36)(P)(i). Puspan. L. 116–260, § 340(a)(1), amended cl. (i) generally. Prior to amendment, text read as follows: “The Administrator shall reimburse a lender authorized to make a covered loan at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

“(I) 5 percent for loans of not more than $350,000;

“(II) 3 percent for loans of more than $350,000 and less than $2,000,000; and

“(III) 1 percent for loans of not less than $2,000,000.”

Subsec. (a)(36)(P)(ii). Puspan. L. 116–260, § 340(span)(1), inserted at end “If an eligible recipient has knowingly retained an agent, such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan. A lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent.”

Subsec. (a)(36)(P)(iii). Puspan. L. 116–260, § 340(a)(2), amended cl. (iii) generally. Prior to amendment, text read as follows: “A reimbursement described in clause (i) shall be made not later than 5 days after the disbursement of the covered loan.”

Subsec. (a)(36)(Q). Puspan. L. 116–260, § 341, which directed striking out “during the period beginning on January 31, 2020, and ending on the date on which covered loans are made available”, which appeared after “loan made under subsection (span)(2)”, was executed by striking out text containing “2020 and” instead of “2020, and”, to reflect the probable intent of Congress.

Subsec. (a)(36)(S). Puspan. L. 116–139, § 101(d)(2), added subpar. (S).

Subsec. (a)(36)(T). Puspan. L. 116–260, § 310(a)(1), added subpar. (T).

Subsec. (a)(36)(U). Puspan. L. 116–260, § 310(span), added subpar. (U).

Subsec. (a)(36)(V). Puspan. L. 116–260, § 313(a)(2), added subpar. (V).

Subsec. (a)(37). Puspan. L. 116–260, § 311(a), added par. (37).

Subsec. (span)(2). Puspan. L. 116–136, § 1110(f)(7), inserted “: Provided further, That for purposes of subparagraph (D), the Administrator shall deem that such an emergency affects each State or subdivision thereof (including counties), and that each State or subdivision has sufficient economic damage to small business concerns to qualify for assistance under this paragraph and the Administrator shall accept applications for such assistance immediately” before period at end of concluding provisions.

Subsec. (span)(2)(D). Puspan. L. 116–136, § 1110(f)(1)–(3), (5), added subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (span)(2)(E). Puspan. L. 116–136, § 1110(f)(4), (6), redesignated subpar. (D) as (E) and substituted “(C), or (D)” for “or (C)”; “disaster or emergency declaration” for “disaster declaration” in two places; “disaster or emergency has occurred” for “disaster has occurred”; “such disaster or emergency” for “such disaster”; and “disaster- or emergency-stricken” for “disaster stricken”.

Subsec. (m)(3)(C). Puspan. L. 116–260, § 329(a)(2), substituted “$7,000,000” for “$10,000,000” and “$3,000,000” for “$4,500,000”.

Puspan. L. 116–260, § 329(a)(1)(A), substituted “$10,000,000 (in the aggregate)” for “and $6,000,000” and inserted before period at end “, and $4,500,000 in any of those remaining years”.

Subsec. (m)(4)(A). Puspan. L. 116–260, § 329(a)(1)(B)(i), substituted “subparagraphs (C) and (G)” for “subparagraph (C)” in two places.

Subsec. (m)(4)(C)(i). Puspan. L. 116–260, § 329(a)(1)(B)(ii), amended cl. (i) generally. Prior to amendment, text read as follows: “Each intermediary that has a portfolio of loans made under this subsection that averages not more than $10,000 during the period of the intermediary’s participation in the program shall be eligible to receive a grant equal to 5 percent of the total outstanding balance of loans made to the intermediary under this subsection, in addition to grants made under subparagraph (A).”

Subsec. (m)(4)(G). Puspan. L. 116–260, § 329(a)(1)(B)(iii), added subpar. (G).

Subsec. (m)(11)(C)(ii). Puspan. L. 116–260, § 329(a)(1)(C)(i), which directed amendment of cl. (ii) by striking all after the semicolon and inserting “and”, could not be executed because a semicolon did not appear.

Subsec. (m)(11)(D). Puspan. L. 116–260, § 329(a)(1)(C)(ii), which directed amendment of par. (11) “by striking all after subparagraph (C) and inserting” subpar. (D), was executed by adding subpar. (D) after subpar. (C), to reflect the probable intent of Congress.

2019—Subsec. (span)(3)(A)(i), (ii). Puspan. L. 116–92, § 877(a)(1)(A), added cl. (i), redesignated former cl. (i) as (ii) and inserted “and” at end, and struck out former cl. (ii) which defined the term “period of military conflict”.

Subsec. (span)(3)(B). Puspan. L. 116–92, § 877(a)(1)(B), substituted “being ordered to perform active service for a period of more than 30 consecutive days” for “being ordered to active military duty during a period of military conflict”.

Subsec. (span)(3)(C). Puspan. L. 116–92, § 877(a)(1)(C), substituted “active service” for “active duty” in two places.

Subsec. (span)(3)(G)(ii)(II). Puspan. L. 116–92, § 877(a)(1)(D), substituted “active service” for “active duty”.

Subsec. (n). Puspan. L. 116–92, § 877(a)(2), substituted “active service” for “active duty” in span and in two places in each of pars. (1)(D) and (2)(B), and in par. (1), added subpar. (A), redesignated former subpars. (A) and (B) as (B) and (C), respectively, substituted “ordered to perform active service for a period of more than 30 consecutive days” for “ordered to active duty during a period of military conflict” in subpar. (B) as redesignated, and struck out former subpar. (C) which defined the term “period of military conflict”.

2018—Subsec. (a)(1)(A)(i). Puspan. L. 115–189 inserted “The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere.” before “No financial assistance”.

Subsec. (a)(15)(A). Puspan. L. 115–232, § 862(span)(1)(A)(i), substituted “this subsection—” for “this subsection”, inserted cl. (i) designation before “to qualified employee trusts” and “, and for any transaction costs associated with purchasing,” after “purchasing”, substituted “; and” for period at end, and added cl. (ii).

Subsec. (a)(15)(B). Puspan. L. 115–232, § 862(span)(1)(A)(ii)(I), inserted “or by the small business concern” after “the trustee of such trust” in introductory provisions.

Subsec. (a)(15)(B)(iv). Puspan. L. 115–232, § 862(span)(1)(A)(ii)(II)–(IV), added cl. (iv).

Subsec. (a)(15)(E). Puspan. L. 115–232, § 862(f), substituted “Administration, which shall include—” for “Administration.” and added cls. (i) to (iii).

Subsec. (a)(15)(F), (G). Puspan. L. 115–232, § 862(span)(1)(A)(iii), added subpars. (F) and (G).

Subsec. (a)(29). Puspan. L. 115–370 redesignated introductory provisions as subpar. (A) and inserted span, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A) and realigned margins, in cl. (i), substituted “, if such loan is in an amount greater than the Federal banking regulator appraisal threshold” for “for more than $250,000”, in cl. (ii), substituted “, if such loan is in an amount equal to or less than the Federal banking regulator appraisal threshold” for “$250,000 or less”, and added subpar. (B).

Subsec. (a)(35). Puspan. L. 115–232, § 862(span)(1)(B), added par. (35).

Subsec. (j)(13)(F)(iii). Puspan. L. 115–232, § 861(c), added cl. (iii).

Subsec. (m)(3)(C). Puspan. L. 115–232, § 853(span), substituted “$6,000,000” for “$5,000,000”.

Subsec. (m)(4)(E). Puspan. L. 115–141 substituted “50 percent” for “25 percent” in cls. (i) and (ii).

2015—Subsec. (a)(1)(A). Puspan. L. 114–38, § 4(span)(1), designated existing provisions as cl. (i), inserted cl. (i) span, and added cl. (ii)

Subsec. (a)(1)(C). Puspan. L. 114–38, § 4(span)(2), added subpar. (C).

Subsec. (a)(31)(A). Puspan. L. 114–88, § 2106(1), added cl. (i) and redesignated former cls. (i) to (iii) as (ii) to (iv), respectively.

Subsec. (a)(31)(G). Puspan. L. 114–38, § 2, added subpar. (G).

Subsec. (a)(31)(H). Puspan. L. 114–88, § 2106(2), added subpar. (H).

Subsec. (span)(1)(A). Puspan. L. 114–88, § 1102, substituted “mitigating measures, including—” and text of cls. (i) to (iii) for “mitigating measures, including, but not limited to, construction of retaining walls and sea walls, grading and contouring land, relocating utilities and modifying structures”.

Subsec. (span)(10). Puspan. L. 114–88, § 1103, added par. (10).

Subsec. (span)(11). Puspan. L. 114–88, § 1104, added par. (11).

Subsec. (span)(12). Puspan. L. 114–88, § 2101, added par. (12).

Subsec. (span)(13). Puspan. L. 114–88, § 2107, added par. (13).

Subsec. (span)(14). Puspan. L. 114–88, § 2201, added par. (14).

Subsec. (span)(15). Puspan. L. 114–88, § 2301(a), added par. (15).

Subsec. (d)(6). Puspan. L. 114–88, § 2109, inserted “: Provided further, That the Administrator, in obtaining the best available collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (span) relating to damage to or destruction of the property of, or economic injury to, a small business concern, shall not require the owner of the small business concern to use the primary residence of the owner as collateral if the Administrator determines that the owner has other assets of equal quality and with a value equal to or greater than the amount of the loan that could be used as collateral for the loan: Provided further, That nothing in the preceding proviso may be construed to reduce the amount of collateral required by the Administrator in connection with a loan described in the preceding proviso or to modify the standards used to evaluate the quality (rather than the type) of such collateral” after “which are made under paragraph (1) of subsection (span)”.

Puspan. L. 114–88, § 2102(span), substituted “$14,000” for “$25,000” and “in the event of a major disaster” for “in the event of a disaster”.

Puspan. L. 114–88, § 2102(a), substituted “$25,000” for “$14,000” and “in the event of a disaster” for “in the event of a major disaster”.

Subsec. (d)(8). Puspan. L. 114–88, § 1101, added par. (8).

Subsec. (j)(10)(D)(i). Puspan. L. 114–92 struck out “The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the National Defense Authorization Act for Fiscal Year 2013 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification.” after “to assist such Program Participant.”

Subsec. (j)(13)(F). Puspan. L. 114–88, § 2105, designated existing provisions as cl. (i) and added cl. (ii).

2014—Subsec. (j)(13)(E). Puspan. L. 113–128 substituted “an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act” for “an institution eligible to provide skills training or upgrading under title I of the Workforce Investment Act of 1998”.

2013—Subsec. (j)(10)(D)(i). Puspan. L. 112–239 inserted “The Business Opportunity Specialist shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification, except that a Business Opportunity Specialist serving at the time of the date of enactment of the National Defense Authorization Act for Fiscal Year 2013 may continue to serve as a Business Opportunity Specialist for a period of 5 years beginning on that date of enactment without such a certification.” after “to assist such Program Participant.”

2011—Subsec. (d)(5)(D). Puspan. L. 112–74 substituted “7 years” for “three years”.

2010—Subsec. (a)(2)(A). Puspan. L. 111–240, § 1206(a)(2)(A), substituted “subparagraphs (B), (D), and (E)” for “subparagraph (B)” in introductory provisions.

Subsec. (a)(2)(A)(i). Puspan. L. 111–240, § 1111(span)(1)(A), substituted “75 percent” for “90 percent”.

Puspan. L. 111–240, § 1111(a)(1)(A), substituted “90 percent” for “75 percent”.

Subsec. (a)(2)(A)(ii). Puspan. L. 111–240, § 1111(span)(1)(B), substituted “85 percent” for “90 percent”.

Puspan. L. 111–240, § 1111(a)(1)(B), substituted “90 percent” for “85 percent”.

Subsec. (a)(2)(C)(ii), (iii). Puspan. L. 111–240, § 1206(e), added cl. (ii) and redesignated former cl. (ii) as (iii).

Subsec. (a)(2)(D). Puspan. L. 111–240, § 1206(d)(1), substituted “be” for “not exceed”.

Puspan. L. 111–240, § 1206(a)(2)(B), substituted “In” for “Notwithstanding subparagraph (A), in”.

Subsec. (a)(2)(E). Puspan. L. 111–240, § 1206(a)(2)(C), added subpar. (E).

Subsec. (a)(3)(A). Puspan. L. 111–240, § 1111(span)(2), substituted “$3,750,000” for “$4,500,000”.

Puspan. L. 111–240, § 1111(a)(2), substituted “$4,500,000 (or if the gross loan amount would exceed $5,000,000” for “$1,500,000 (or if the gross loan amount would exceed $2,000,000”.

Subsec. (a)(3)(B). Puspan. L. 111–240, § 1206(a)(1), substituted “$4,500,000 (or if the gross loan amount would exceed $5,000,000), of which not more than $4,000,000” for “$1,750,000, of which not more than $1,250,000”.

Subsec. (a)(14). Puspan. L. 111–240, § 1206(d)(2), inserted par. (14) and subpar. (A) headings, substituted “The Administrator” for “The Administration” in subpar. (A), added subpar. (B), redesignated former subpars. (B) and (C) as (C) and (D), respectively, and inserted headings, and substituted “The Administrator” for “The Administration” in subpar. (D) as redesignated.

Subsec. (a)(16)(A). Puspan. L. 111–240, § 1206(span)(1), struck out “in” before dash at end of introductory provisions.

Subsec. (a)(16)(A)(i). Puspan. L. 111–240, § 1206(span)(2), inserted “in” after cl. (i) designation and struck out “or” at end.

Subsec. (a)(16)(A)(ii). Puspan. L. 111–240, § 1206(span)(3), inserted “in” after cl. (ii) designation and substituted “, including any debt that qualifies for refinancing under any other provision of this subsection; or” for period at end.

Subsec. (a)(16)(A)(iii). Puspan. L. 111–240, § 1206(span)(4), added cl. (iii).

Subsec. (a)(16)(B). Puspan. L. 111–240, § 1206(c), designated existing provisions as cl. (i), inserted cl. (i) span, substituted “Except as provided in clause (ii), each loan” for “Each loan”, and added cl. (ii).

Subsec. (a)(16)(F). Puspan. L. 111–240, § 1206(g), added subpar. (F).

Subsec. (a)(31)(D). Puspan. L. 111–240, § 1135(span), substituted “$350,000” for “$1,000,000”.

Puspan. L. 111–240, § 1135(a), substituted “$1,000,000” for “$350,000”.

Subsec. (a)(32), (33). Puspan. L. 111–240, § 1133(a)(1), redesignated par. (32), relating to increased veteran participation program, as (33).

Subsec. (a)(34). Puspan. L. 111–240, § 1133(span), redesignated par. (35) as (34) and struck out former par. (34) which related to floor plan financing program.

Puspan. L. 111–240, § 1133(a)(2), added par. (34).

Subsec. (a)(35). Puspan. L. 111–240, § 1206(f), added par. (35).

Puspan. L. 111–240, § 1133(span)(2), redesignated par. (35) as (34).

Subsec. (l). Puspan. L. 111–240, § 1131(a), added subsec. (l) and struck out former subsec. (l) which read “[RESERVED]”.

Subsec. (m)(1)(B)(iii). Puspan. L. 111–240, § 1113(1), substituted “$50,000” for “$35,000”.

Subsec. (m)(3)(B). Puspan. L. 111–240, § 1401(c)(1)(A), struck out cl. (i) designation and span, substituted “As” for “Subject to clause (ii), as”, and struck out cl. (ii) relating to waiver of non-Federal share.

Puspan. L. 111–240, § 1401(a)(1), designated existing provisions as cl. (i) and inserted cl. (i) span, substituted “Subject to clause (ii), as a condition” for “As a condition” and “the Administrator” for “the Administration”, and added cl. (ii).

Subsec. (m)(3)(C). Puspan. L. 111–240, § 1113(2)(A), substituted “$5,000,000” for “$3,500,000”.

Subsec. (m)(3)(E). Puspan. L. 111–240, § 1113(2)(B), substituted “$50,000” for “$35,000” in two places.

Subsec. (m)(4)(B). Puspan. L. 111–240, § 1401(c)(1)(B), struck out cl. (i) designation and span, substituted “As” for “Subject to clause (ii), as”, and struck out cl. (ii) relating to waiver of non-Federal share.

Puspan. L. 111–240, § 1401(a)(2), designated existing provisions as cl. (i), inserted cl. (i) span, substituted “Subject to clause (ii), as a condition of a grant made under subparagraph (A), the Administrator shall require” for “As a condition of any grant made under subparagraph (A), the Administration shall require”, and added cl. (ii).

Subsec. (m)(11)(B). Puspan. L. 111–240, § 1113(3), substituted “$50,000” for “$35,000”.

2008—Subsec. (a)(32). Puspan. L. 110–186, § 208, added par. (32) relating to increased veteran participation program.

Subsec. (span). Puspan. L. 110–246, § 12078(c)(2), in concluding provisions substituted “paragraphs (1) and (2)” for “paragraphs (1), (2), and (4)” and “paragraph (1) (2)” for “paragraph (1), (2), or (4)”.

Puspan. L. 110–246, § 12078(c)(1), substituted “the Administration” for “the, Administration” in introductory provisions.

Puspan. L. 110–246, § 12068(span)(2)(B), which directed amendment of “the undesignated matter following paragraph (3)” by substituting “Notwithstanding any other provision of law, and except as provided in subsection (d), the interest rate on the Administration’s share of any loan made under subsection (span)” for “Notwithstanding the provisions of any other law the interest rate on the Administration’s share of any loan made under subsection (span) except as provided in subsection (c),” was executed by making the substitution for “Notwithstanding the provisions of any other law, the interest rate on the Administration’s share of any loan made under subsection (span), except as provided in subsection (c),” in concluding provisions after par. (6), to reflect the probable intent of Congress and the addition of pars. (4) to (6) by Puspan. L. 110–246, §§ 12063(a), 12066(a). See below.

Puspan. L. 110–246, § 12068(span)(2)(A), which directed amendment of “the undesignated matter following paragraph (3)” by substituting “That the provisions of paragraph (1) of subsection (d)” for “That the provisions of paragraph (1) of subsection (c)”, was executed by making the substitution in concluding provisions after par. (6), to reflect the probable intent of Congress and the addition of pars. (4) to (6) by Puspan. L. 110–246, §§ 12063(a), 12066(a). See below.

Subsec. (span)(1)(A). Puspan. L. 110–246, § 12078(span)(1), inserted “of the aggregate costs of such damage or destruction (whether or not compensated for by insurance or otherwise)” after “20 per centum”.

Subsec. (span)(2). Puspan. L. 110–246, § 12061(a)(1), in introductory provisions inserted “, private nonprofit organization,” after “small business concern” and “, the organization,” after “the concern”.

Subsec. (span)(2)(A). Puspan. L. 110–246, § 12063(c)(2), substituted “Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)” for “Disaster Relief and Emergency Assistance Act”.

Subsec. (span)(2)(D). Puspan. L. 110–246, § 12061(a)(2), inserted “, private nonprofit organizations,” after “small business concerns”.

Subsec. (span)(3)(C). Puspan. L. 110–186, § 201(a), substituted “1 year” for “90 days” and inserted at end “The Administrator may, when appropriate (as determined by the Administrator), extend the ending date specified in the preceding sentence by not more than 1 year.”

Subsec. (span)(3)(E). Puspan. L. 110–246, § 12077, inserted “, or have become due to changed economic circumstances,” after “constitutes”.

Subsec. (span)(3)(G), (H). Puspan. L. 110–186, §§ 203, 204, added subpars. (G) and (H).

Subsec. (span)(4), (5). Puspan. L. 110–246, § 12063(a), added pars. (4) and (5).

Subsec. (span)(6). Puspan. L. 110–246, § 12066(a), added par. (6).

Subsec. (span)(7). Puspan. L. 110–246, § 12074(a), added par. (7).

Subsec. (span)(8). Puspan. L. 110–246, § 12078(a), added par. (8).

Subsec. (span)(9). Puspan. L. 110–246, § 12081, added par. (9).

Subsec. (span)(9)(C), (D). Puspan. L. 110–246, § 12082, added subpars. (C) and (D).

Subsec. (c). Puspan. L. 110–246, § 12083(a), added subsec. (c).

Puspan. L. 110–246, § 12068(a)(1), redesignated subsec. (c) as (d).

Subsec. (c)(5)(C). Puspan. L. 110–246, § 12061(span), inserted “, private nonprofit organization,” after “business”.

Subsec. (c)(6). Puspan. L. 110–246, § 12065, substituted “$14,000 or less (or such higher amount as the Administrator determines appropriate in the event of a major disaster)” for “$10,000 or less”.

Subsecs. (d) to (f). Puspan. L. 110–246, § 12068(a), redesignated subsecs. (c) and (d) as (d) and (e), respectively, and added subsec. (f).

Subsec. (g). Puspan. L. 110–246, § 12070, added subsec. (g).

2007—Subsec. (a)(31)(F). Puspan. L. 110–140, § 1201, added subpar. (F).

Subsec. (a)(32). Puspan. L. 110–140, § 1202, added par. (32).

2006—Subsec. (span)(2). Puspan. L. 109–163, § 845(a)(2)(A), in introductory provisions, inserted “(including drought), with respect to both farm-related and nonfarm-related small business concerns,” before “if the Administration”.

Subsec. (span)(2)(B). Puspan. L. 109–163, § 845(a)(2)(B), substituted “section 1961 of title 7, in which case, assistance under this paragraph may be provided to farm-related and nonfarm-related small business concerns, subject to the other applicable requirements of this paragraph” for “the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1961)”.

Subsec. (span)(2)(D). Puspan. L. 109–163, § 845(c), substituted “Not later than 30 days after the date of receipt of such certification by a Governor of a State, the Administration shall respond in writing to that Governor on its determination and the reasons therefore, and may” for “Upon receipt of such certification, the Administration may”.

2004—Subsec. (a)(3)(A). Puspan. L. 108–447, § 103(a), substituted “$1,500,000” for “$1,000,000”.

Subsec. (a)(3)(B). Puspan. L. 108–447, § 107(span), substituted “$1,750,000” for “$1,250,000” and “$1,250,000” for “$750,000”.

Subsec. (a)(16). Puspan. L. 108–447, § 107(a), inserted span and amended par. (16) generally. Prior to amendment, par. (16) provided that the Administration could guarantee loans to assist any eligible small business concern in an industry engaged in or adversely affected by international trade in the financing of the acquisition, construction, renovation, modernization, improvement or expansion of productive facilities or equipment to be used in the United States in the production of goods and services involved in international trade.

Subsec. (a)(18)(A). Puspan. L. 108–447, § 102(a), amended span and text of subpar. (A) generally. Prior to amendment, text read as follows: “With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower, as follows:

“(i) A guarantee fee equal to 2 percent of the deferred participation share of a total loan amount that is not more than $150,000.

“(ii) A guarantee fee equal to 3 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000.

“(iii) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000.”

Subsec. (a)(18)(C). Puspan. L. 108–447, § 102(span), struck out span and text of subpar. (C). Text read as follows: “With respect to loans approved during the 2-year period beginning on October 1, 2002, the guarantee fee under subparagraph (A) shall be as follows:

“(i) A guarantee fee equal to 1 percent of the deferred participation share of a total loan amount that is not more than $150,000.

“(ii) A guarantee fee equal to 2.5 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000.

“(iii) A guarantee fee equal to 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000.”

Subsec. (a)(23). Puspan. L. 108–447, § 102(c)(1), substituted “Yearly” for “Annual” in span.

Subsec. (a)(23)(A). Puspan. L. 108–447, § 102(c)(2), added subpar. (A) and struck out span and text of former subpar. (A). Text read as follows: “With respect to each loan guaranteed under this subsection, the Administration shall, in accordance with such terms and procedures as the Administration shall establish by regulation, assess and collect an annual fee in an amount equal to 0.5 percent of the outstanding balance of the deferred participation share of the loan. With respect to loans approved during the 2-year period beginning on October 1, 2002, the annual fee assessed and collected under the preceding sentence shall be in an amount equal to 0.25 percent of the outstanding balance of the deferred participation share of the loan.”

Subsec. (a)(23)(B). Puspan. L. 108–447, § 102(c)(3), substituted “yearly” for “annual”.

Subsec. (a)(23)(C). Puspan. L. 108–447, § 102(c)(4), added subpar. (C).

Subsec. (a)(31). Puspan. L. 108–447, § 101(a), added par. (31).

2001—Subsec. (a)(18)(C). Puspan. L. 107–100, § 6(a)(1), added subpar. (C).

Subsec. (a)(23)(A). Puspan. L. 107–100, § 6(a)(2), inserted at end “With respect to loans approved during the 2-year period beginning on October 1, 2002, the annual fee assessed and collected under the preceding sentence shall be in an amount equal to 0.25 percent of the outstanding balance of the deferred participation share of the loan.”

2000—Subsec. (a)(2)(A)(i). Puspan. L. 106–554, § 1(a)(9) [title II, § 202(1)], substituted “$150,000” for “$100,000”.

Subsec. (a)(2)(A)(ii). Puspan. L. 106–554, § 1(a)(9) [title II, § 202(2)], substituted “85 percent” for “80 percent” and “$150,000” for “$100,000”.

Subsec. (a)(3)(A). Puspan. L. 106–554, § 1(a)(9) [title II, § 203], substituted “$1,000,000 (or if the gross loan amount would exceed $2,000,000),” for “$750,000,”.

Subsec. (a)(4). Puspan. L. 106–554, § 1(a)(9) [title II, § 205(1)], inserted span and struck out former span “Interest rates and fees.—”.

Subsec. (a)(4)(B)(iii). Puspan. L. 106–554, § 1(a)(9) [title II, § 204], added cl. (iii).

Subsec. (a)(4)(C). Puspan. L. 106–554, § 1(a)(9) [title II, § 205(2)], added subpar. (C).

Subsec. (a)(18). Puspan. L. 106–554, § 1(a)(9) [title II, § 206], amended span and text of par. (18) generally, substituting present provisions for provisions which had authorized guarantee fee in an amount equal to sum of 3 percent of amount of deferred participation share of loan that was less than or equal to $250,000, if deferred participation share of loan exceeded $250,000, plus 3.5 percent of difference between $500,000 or total deferred participation share of loan, whichever was less, and $250,000, plus, if deferred participation share of loan exceeded $500,000, 3.875 percent of difference between total deferred participation share of loan and $500,000, and set forth provisions relating to exception for certain loans.

Subsec. (a)(28). Puspan. L. 106–554, § 1(a)(9) [title II, § 207], added par. (28).

Subsec. (a)(29). Puspan. L. 106–554, § 1(a)(9) [title II, § 208(a)], added par. (29).

Subsec. (a)(30). Puspan. L. 106–554, § 1(a)(9) [title VIII, § 802(a)], added par. (30).

Subsec. (m)(1)(A)(iii)(I). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(2)], substituted “$10,000” for “$7,500”.

Subsec. (m)(1)(B)(iii). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(1)], substituted “$35,000” for “$25,000”.

Subsec. (m)(3)(A)(ii). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(2)], substituted “$10,000” for “$7,500”.

Subsec. (m)(3)(E). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(1), (3)], substituted “$20,000” for “$15,000” and “$35,000” for “$25,000” in two places.

Subsec. (m)(4)(C)(i). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(2)], which directed the amendment of subsec. (m)(4)(C)(i)(II) by substituting “$10,000” for “$7,500”, was executed by making the substitution in subsec. (m)(4)(C)(i) to reflect the probable intent of Congress and the termination of the temporary amendment by Puspan. L. 103–403, § 208(a)(2), (c). See 1994 Amendment note and Effective and Termination Dates of 1994 Amendment note below.

Subsec. (m)(5)(A). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(4)], substituted “55 grants” for “25 grants” and “$200,000” for “$125,000”.

Subsec. (m)(6)(B). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(5)], substituted “$15,000” for “$10,000”.

Subsec. (m)(7)(A). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(a)(6)], added subpar. (A) and struck out span and text of former subpar. (A). Text read as follows: “During the program authorized by this subsection, the Administration may fund, on a competitive basis, not more than 200 microloan programs.”

Subsec. (m)(11)(B). Puspan. L. 106–554, § 1(a)(9) [title II, § 210(span)], substituted “$35,000” for “$25,000”.

1999—Subsec. (a)(10). Puspan. L. 106–50, § 401(span), inserted “guaranteed” after “provide” and “, including service-disabled veterans,” after “handicapped individual”.

Subsec. (a)(21)(A)(ii). Puspan. L. 106–50, § 404, inserted “or a veteran” after “qualified individual”.

Subsec. (a)(27). Puspan. L. 106–8, § 3(a), (c), temporarily added par. (27) relating to Year 2000 computer problem program. See Effective and Termination Dates of 1999 Amendments note below.

Subsec. (span)(1)(C). Puspan. L. 106–24, § 1(a), added subpar. (C).

Subsec. (span)(3). Puspan. L. 106–50, § 402(span), added par. (3).

Subsec. (m)(1)(A)(i). Puspan. L. 106–50, § 403, inserted “veteran (within the meaning of such term under section 632(q) of this title),” after “low-income,”.

Subsec. (m)(3)(D). Puspan. L. 106–22, § 3, struck out subpar. (D) span and amended text generally. Prior to amendment, text read as follows: “The Administration shall, by regulation, require each intermediary to establish a loan loss reserve fund, and to maintain such reserve fund until all obligations owed to the Administration under this subsection are repaid. The Administration shall require the loan loss reserve fund to be maintained—

“(i) during the initial 5 years of the intermediary’s participation in the program under this subsection, at a level equal to not more than 15 percent of the outstanding balance of the notes receivable owed to the intermediary; and

“(ii) in each year of participation thereafter, at a level equal to not more than the greater of—

“(I) 2 times an amount reflecting the total losses of the intermediary as a result of participation in the program under this subsection, as determined by the Administrator on a case-by-case basis; or

“(II) 10 percent of the outstanding balance of the notes receivable owed to the intermediary.”

Subsec. (m)(7)(B). Puspan. L. 106–22, § 2(1), added subpar. (B) and struck out span and text of former subpar. (B). Text read as follows: “During any fiscal year, a State shall not receive new loan funds from the Administration that exceed 125 percent of the State’s pro rata share of the microloan program authorization during such fiscal year, such share to be based on the population of the State, as compared to the total population of the United States. If, however, at the beginning of the fourth quarter of a fiscal year the Administration determines that a portion of appropriated microloan funds are unlikely to be awarded during that year, the Administration may make additional funds available to a State in excess of 125 percent of the pro rata share of that State.”

Subsec. (m)(8). Puspan. L. 106–22, § 2(2), inserted “and providing funding to intermediaries” after “program applicants” and “and provide funding to” after “shall select”.

Subsec. (n). Puspan. L. 106–50, § 402(a), added subsec. (n).

1998—Subsec. (j)(13)(E). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(9)], struck out “the Jospan Training Partnership Act or” before “title I of the Workforce” in introductory provisions.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(10)], substituted “the Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998” for “the Jospan Training Partnership Act (29 U.S.C. 1501 et seq.)”.

1997—Subsec. (a). Puspan. L. 105–135, § 231(1), inserted span.

Subsec. (a)(1). Puspan. L. 105–135, § 231(2), inserted span, designated existing provisions as subpar. (A) and inserted span, and added subpar. (B).

Subsec. (a)(8). Puspan. L. 105–135, § 706, added par. (8).

Subsec. (m). Puspan. L. 105–135, § 201(c), struck out “Demonstration” and “demonstration” wherever appearing in span and text.

Subsec. (m)(1)(A)(iv). Puspan. L. 105–135, § 202(a)(1), added cl. (iv).

Subsec. (m)(3)(C). Puspan. L. 105–135, § 201(a), substituted “$3,500,000” for “$2,500,000”.

Subsec. (m)(3)(D)(i), (ii). Puspan. L. 105–135, § 201(span), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:

“(i) in the first year of the intermediary’s participation in the demonstration program, at a level equal to not more than 15 percent of the outstanding balance of the notes receivable owed to the intermediary; and

“(ii) in each year of participation thereafter, at a level reflecting the intermediary’s total losses as a result of participation in the demonstration program, as determined by the Administration on a case-by-case basis, but in no case shall the required level exceed 15 percent of the outstanding balance of the notes receivable owed to the intermediary under the program.”

Subsec. (m)(4)(E). Puspan. L. 105–135, § 201(d)(1), designated existing provisions as cl. (i), inserted span, substituted “25 percent” for “15 percent”, and added cl. (ii).

Subsec. (m)(4)(F). Puspan. L. 105–135, § 202(a)(2), added subpar. (F).

Subsec. (m)(5)(A). Puspan. L. 105–135, § 201(d)(2), struck out “in each of the 5 years of the demonstration program established under this subsection,” after “requirements of subparagraph (B),” and substituted “annually” for “for terms of up to 5 years”.

Subsec. (m)(6)(E). Puspan. L. 105–135, § 202(a)(3), added subpar. (E).

Subsec. (m)(9). Puspan. L. 105–135, § 202(a)(4)(A), substituted “Grants for management, marketing, technical assistance, and related services” for “Technical assistance for intermediaries” in span.

Subsec. (m)(9)(C). Puspan. L. 105–135, § 202(a)(4)(B), added subpar. (C).

Subsec. (m)(12). Puspan. L. 105–135, § 201(c)(4), substituted “1998 through 2000” for “1995 through 1997”.

Subsec. (m)(13). Puspan. L. 105–135, § 202(a)(5), added par. (13).

1996—Subsec. (a)(2)(C)(ii)(II). Puspan. L. 104–208, § 103(a), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “authority to service and liquidate such loans.”

Subsec. (a)(2)(D). Puspan. L. 104–208, § 111, added subpar. (D).

Subsec. (a)(4). Puspan. L. 104–208, § 103(f), inserted par. (4) span, designated existing text as subpar. (A) and inserted span, and added subpar. (B).

Subsec. (a)(19)(C). Puspan. L. 104–208, § 103(span), added subpar. (C).

Subsec. (a)(25). Puspan. L. 104–208, § 103(c), added par. (25).

Subsec. (a)(26). Puspan. L. 104–208, § 103(d), added par. (26).

Subsec. (d). Puspan. L. 104–208, § 107(a), struck out “(1)” before “The Administration” and struck out par. (2) which read as follows: “The Administration is authorized to hold seminars throughout the Nation to make potential applicants aware of the opportunities available under this subsection and related government energy programs, and to make grants to qualified organizations to provide training seminars for small business concerns regarding practical and easily implemented methods for design, manufacture, installation, and servicing of equipment and for providing services listed in paragraph (1) of this subsection, except that recipients of loans made pursuant to this subsection shall not subsequently be eligible for such grants.”

Subsec. (e). Puspan. L. 104–208, § 107(span), amended subsec. (e) generally, substituting “(e) [RESERVED]” for prior provisions of subsec. (e) which read as follows: “The Administration also is empowered to make loans (either directly or in cooperation with banks or other lenders through agreements to participate on an immediate or deferred basis) to assist any firm to adjust to changed economic conditions resulting from increased competition from imported articles, but only if (1) an adjustment proposal of such firm has been certified by the Secretary of Commerce pursuant to the Trade Expansion Act of 1962, (2) the Secretary has referred such proposal to the Administration under that Act and the loan would provide part or all of the financial assistance necessary to carry out such proposal, and (3) the Secretary’s certification is in force at the time the Administration makes the loan. With respect to loans made under this subsection the Administration shall apply the provisions of sections 314, 315, 316, 318, 319, and 320 of the Trade Expansion Act of 1962 as though such loans had been made under section 314 of that Act.”

Subsec. (f). Puspan. L. 104–208, § 107(c), amended subsec. (f) generally, substituting “(f) [RESERVED]” for prior provisions of subsec. (f) which read as follows: “In the administration of the disaster loan program under subsection (span)(1) of this section, in the case of property loss or damage as a result of a disaster which is a ‘major disaster’ as defined in section 102(2) of the Disaster Relief and Emergency Assistance Act, the Small Business Administration, to the extent such loss or damage is not compensated for by insurance or otherwise, may lend to a privately owned college or university without regard to whether the required financial assistance is otherwise available from private sources, and may waive interest payments and defer principal payments on such a loan for the first three years of the term of the loan.”

Subsec. (l). Puspan. L. 104–208, § 107(c), amended subsec. (l) generally, substituting “(l) [RESERVED]” for prior provisions of subsec. (l) which consisted of 9 pars. authorizing loans to small business concerns for solar energy and energy conservation measures.

Subsec. (m)(7)(B). Puspan. L. 104–208, § 105, inserted at end “If, however, at the beginning of the fourth quarter of a fiscal year the Administration determines that a portion of appropriated microloan funds are unlikely to be awarded during that year, the Administration may make additional funds available to a State in excess of 125 percent of the pro rata share of that State.”

1995—Subsec. (a)(2). Puspan. L. 104–36, § 2, amended par. (2) generally. Prior to amendment, par. (2) related to percentage levels in loan participation agreements.

Subsec. (a)(18). Puspan. L. 104–36, § 3(a), amended par. (18) generally. Prior to amendment, par. (18) read as follows: “The Administration shall collect a guarantee fee equal to two percent of the amount of the deferred participation share of any loan under this subsection other than a loan repayable in one year or less. The fee shall be payable by the participating lending institution and may be charged to the borrower.”

Subsec. (a)(19)(B). Puspan. L. 104–36, § 3(span)(1), substituted “shall develop” for “shall (i) develop” and struck out at end “, and (ii) allow such lenders to retain one-half of the fee collected pursuant to subsection (a)(18) of this section on such loans. A participating lender may not retain any fee pursuant to this paragraph if the amount committed and outstanding to the applicant would exceed $50,000 unless the amount in excess of $50,000 is an amount not approved under the provisions of this paragraph”.

Subsec. (a)(19)(C). Puspan. L. 104–36, § 3(span)(2), struck out subpar. (C) which read as follows: “In order to encourage lending institutions and other entities making loans authorized under this subsection to provide loans to small business loan applicants located in rural areas, such lenders shall be permitted to retain one-half of the fee collected pursuant to paragraph (18) on loans of less than $75,000. A participating lender may not retain any fee pursuant to this subparagraph if the amount committed and outstanding to the applicant would exceed $75,000 unless the amount in excess of $75,000 is an amount not approved under the provisions of this subparagraph. This subparagraph shall cease to be effective on October 1, 1995.”

Subsec. (a)(23). Puspan. L. 104–36, § 4(a), added par. (23).

Subsec. (a)(24). Puspan. L. 104–36, § 5, added par. (24).

1994—Subsec. (a)(2)(B)(iv). Puspan. L. 103–403, § 211, amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “not less than 85 percent of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16).”

Subsec. (a)(3)(B). Puspan. L. 103–403, § 210, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “if the total amount outstanding and committed (on a deferred basis) solely for the purposes provided in paragraph (16) to the borrower from the business loan and investment fund established by this chapter would exceed $1,000,000, such amount to be in addition to any financing solely for working capital, supplies, or revolving lines of credit for export purposes up to a maximum of $250,000; and”.

Subsec. (a)(14)(A). Puspan. L. 103–403, § 209, amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The Administration under this subsection may provide extensions and revolving lines of credit for export purposes and financing to enable small business concerns, including small business export trading companies and small business export management companies, to develop foreign markets. No such extension or revolving line of credit may be made for a period or periods exceeding 3 years. A bank or participating lending institution may establish the rate of interest on extensions and revolving lines of credit as may be legal and reasonable.”

Subsec. (a)(21)(A). Puspan. L. 103–403, § 605(a), inserted “on a guaranteed basis” before “under the authority”.

Subsec. (a)(21)(E). Puspan. L. 103–403, § 603, added subpar. (E).

Subsec. (m)(3)(C). Puspan. L. 103–403, § 206, substituted “$2,500,000” for “$1,250,000”.

Subsec. (m)(4)(B). Puspan. L. 103–403, § 208(a)(1), (c), temporarily inserted “except for a grant made to an intermediary that provides not less than 50 percent of its loans to small business concerns located in or owned by one or more residents of an economically distressed area,” after “under subparagraph (A),”. See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (m)(4)(C)(i). Puspan. L. 103–403, § 208(a)(2), (c), temporarily added cl. (i) which read as follows: “In addition to grants made under subparagraph (A), each intermediary shall be eligible to receive a grant equal to 5 percent of the total outstanding balance of loans made to the intermediary under this subsection if—

“(I) the intermediary provides not less than 25 percent of its loans to small business concerns located in or owned by one or more residents of an economically distressed area; or

“(II) the intermediary has a portfolio of loans made under this subsection that averages not more than $7,500 during the period of the intermediary’s participation in the program.”

See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (m)(4)(E). Puspan. L. 103–403, § 207, added subpar. (E).

Subsec. (m)(7). Puspan. L. 103–403, § 204, amended par. (7) generally, substituting present provisions for former provisions relating to program funding, which provided for: in subpar. (A), first year programs; in subpar. (B), expanded programs; and in subpar. (C), State limitations.

Subsec. (m)(8). Puspan. L. 103–403, § 205, amended span and text of par. (8) generally. Prior to amendment, text read as follows: “In funding microloan programs, the Administration shall ensure that at least one-half of the programs funded under this subsection will provide microloans to small business concerns located in rural areas.”

Subsec. (m)(9)(B). Puspan. L. 103–403, § 604, inserted “and loan guarantees” after “for loans” and “and national and regional nonprofit organizations that have demonstrated experience in providing training support for microenterprise development and financing.” after “experienced microlending organizations”.

Subsec. (m)(11)(A)(v). Puspan. L. 103–403, § 202, added cl. (v).

Subsec. (m)(11)(D). Puspan. L. 103–403, § 208(span), (c), temporarily added subpar. (D) which read as follows: “the term ‘economically distressed area’, as used in paragraph (4), means a county or equivalent division of local government of a State in which the small business concern is located, in which, according to the most recent data available from the Bureau of the Census, Department of Commerce, not less than 40 percent of residents have an annual income that is at or below the poverty level.”. See Effective and Termination Dates of 1994 Amendment note below.

Subsec. (m)(12). Puspan. L. 103–403, § 201, added par. (12).

1993—Subsec. (a)(2). Puspan. L. 103–81, § 5(a)(2)–(4), in concluding provisions, substituted “less than the above specified percentums” for “less than 85 percent under subparagraph (B)” and “not less than 70 percent, unless a lesser percent is required by clause (B)(ii) or upon the” for “not less than 80 percent, except upon” and inserted after third sentence “The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, which is made applicable to other loan guarantees under subsection (a) of this section.”

Subsec. (a)(2)(B). Puspan. L. 103–81, § 5(a)(1), struck out “and” at end of cl. (i), added cls. (ii) and (iii), and redesignated former cl. (ii) as (iv).

Subsec. (a)(22). Puspan. L. 103–81, § 4, added par. (22).

Subsec. (m)(1)(B)(iii). Puspan. L. 103–81, § 8(1), substituted “$25,000” for “$15,000”.

Subsec. (m)(5)(A). Puspan. L. 103–81, § 8(2), substituted “25 grants for terms of up to 5 years” for “6 grants”.

Subsec. (m)(9)(B). Puspan. L. 103–81, § 8(3), substituted “7 percent” for “3 percent”.

1992—Subsec. (a)(4). Puspan. L. 102–366, § 104, substituted “Notwithstanding the provisions of the constitution of any State or the laws of any State limiting the rate or amount of interest which may be charged, taken, received, or reserved, the maximum legal rate of interest on any financing made on a deferred basis pursuant to this subsection” for “The rate of interest on financings made on a deferred basis shall be legal and reasonable but”.

Subsec. (a)(21). Puspan. L. 102–366, § 211, added par. (21).

Subsec. (m)(1)(A)(i). Puspan. L. 102–366, § 113(a)(1)(A), amended cl. (i) generally, substituting “and business owners and other such individuals” for “, business owners, and other individuals”.

Subsec. (m)(1)(A)(iii)(I). Puspan. L. 102–366, § 113(a)(1)(B), inserted “, particularly loans in amounts averaging not more than $7,500,” after “small-scale loans”.

Subsec. (m)(3)(A). Puspan. L. 102–366, § 113(a)(2), designated existing provisions as cl. (i) and inserted span, redesignated cls. (i) to (viii) as subcls. (I) to (VIII), respectively, substituted “economic, poverty, and unemployment” for “economic and unemployment” in subcl. (III), amended subcl. (VIII) generally, and added cl. (ii). Prior to amendment, subcl. (VIII) read as follows: “any plan to involve private sector lenders in assisting selected small business concerns.”

Subsec. (m)(3)(F). Puspan. L. 102–366, § 113(a)(3), amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “Loans made by the Administration under this subsection shall be for a term of 10 years and at an interest rate equal to the rate determined by the Secretary of the Treasury for obligations of the United States with a period of maturity of 5 years, adjusted to the nearest one-eighth of 1 percent.”

Subsec. (m)(4)(A). Puspan. L. 102–366, § 113(a)(4)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: “Except as otherwise provided in subparagraph (C) and subject to the requirements of subparagraph (B), each intermediary that receives a loan under subparagraph (B)(i) of paragraph (1) shall be eligible to receive a grant to provide marketing, management, and technical assistance to small business concerns that are borrowers under this subsection. In the first and second years of an intermediary’s program participation, each intermediary meeting the requirement of subparagraph (B) may receive a grant of not more than 20 percent of the total outstanding balance of loans made to it under this subsection. In the third and subsequent years of an intermediary’s program participation, each intermediary meeting the requirements of subparagraph (B) may receive a grant of not more than 10 percent of the total outstanding balance of loans made to it under this subsection.”

Puspan. L. 102–366, § 113(a)(4)(A), substituted “Except as otherwise provided in subparagraph (C) and subject to” for “Subject to”.

Subsec. (m)(4)(B). Puspan. L. 102–366, § 113(a)(4)(C), substituted “25 percent” for “one-half”.

Subsec. (m)(4)(C), (D). Puspan. L. 102–366, § 113(a)(4)(D), added subpars. (C) and (D).

Subsec. (m)(5)(A). Puspan. L. 102–366, § 113(a)(5), substituted “6 grants” for “2 grants”.

Subsec. (m)(6)(C). Puspan. L. 102–366, § 113(a)(6), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “Notwithstanding any provision of the laws of any State or the constitution of any State pertaining to the rate or amount of interest that may be charged, taken, received or reserved on a loan, the maximum rate of interest to be charged on a microloan funded under this subsection shall be not more than 4 percentage points above the prime lending rate, as identified by the Administration and published in the Federal Register on a quarterly basis.”

Subsec. (m)(7)(A). Puspan. L. 102–564, § 307(span)(1), inserted at end: “If, at the end of fiscal year 1992, the Administration has funded less than 50 microloan programs under this subparagraph, the Administration may, in fiscal year 1993, fund a number of additional microloan programs equal to the difference between 50 and the number of microloan programs actually funded in fiscal year 1992.”

Puspan. L. 102–366, § 113(a)(7)(A), substituted “60 microloan programs” for “35 microloan programs”.

Subsec. (m)(7)(B). Puspan. L. 102–564, § 307(span)(2), substituted “In addition to any microloan programs authorized to be funded in fiscal year 1993 in accordance with subparagraph (A), in the second” for “In the second”.

Puspan. L. 102–366, § 113(a)(7)(B), substituted “50 additional” for “25 additional”.

Subsec. (m)(7)(C)(i). Puspan. L. 102–366, § 113(a)(7)(C), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “be awarded more than 2 microloan programs in any year of the demonstration program;”.

Subsec. (m)(7)(C)(ii), (iii). Puspan. L. 102–366, § 113(a)(7)(D), (E), substituted “$1,500,000” for “$1,000,000” in cl. (ii) and “$2,500,000” for “$1,500,000” in cl. (iii).

Subsec. (m)(9), (10). Puspan. L. 102–366, § 113(a)(8), (9), added par. (9) and redesignated former par. (9) as (10). Former par. (10) redesignated (11).

Subsec. (m)(11). Puspan. L. 102–564, § 307(c), inserted “private,” before “nonprofit” in subpar. (A)(ii).

Puspan. L. 102–366, § 113(a)(8), (10), redesignated par. (10) as (11) and amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the term ‘intermediary’ means a private, nonprofit entity or a nonprofit community development corporation that seeks to borrow or has borrowed funds from the Small Business Administration to make microloans to small business concerns under this subsection;”.

1991—Subsec. (a)(18). Puspan. L. 102–140, § 609(span), struck out “or a loan under paragraph (13)” after “one year or less”.

Subsec. (a)(19)(B). Puspan. L. 102–191 struck out “during fiscal years 1989, 1990, and 1991,” after “small business loan applicants,”.

Subsec. (m). Puspan. L. 102–140, § 609(h), added subsec. (m).

1990—Subsec. (a)(14)(A). Puspan. L. 101–574, § 202, struck out “pre-export” before “financing” and substituted “3 years” for “18 months”.

Subsec. (a)(16)(A). Puspan. L. 101–574, § 245, struck out at end “The lender shall agree to sell the loan in the secondary market as authorized in sections 634(f) and 634(g) of this title within 180 days of the date of disbursement.”

Subsec. (a)(19)(C). Puspan. L. 101–574, § 307, added subpar. (C).

Subsec. (j)(3)(A). Puspan. L. 101–574, § 242(1), struck out subpar. (A), which was previously struck out by Puspan. L. 100–656, § 505(h). See 1988 Amendment note below.

Subsec. (j)(3)(B). Puspan. L. 101–574, § 242(1), struck out subpar. (B) which read as follows: “The General Accounting Office shall evaluate the activities taken by the Administration to achieve the purpose of this paragraph and evaluate the success of these activities in achieving the purposes of this paragraph. The General Accounting Office shall report to the Congress by January 1, 1981, and at any time thereafter at the discretion of the Comptroller General, on the findings of this evaluation and shall make recommendations on actions needed to improve the Administration’s performance pursuant to this paragraph.”

Subsec. (j)(8). Puspan. L. 101–574, § 242(2), struck out par. (8) which read as follows: “The General Accounting Office shall provide for an independent and continuing evaluation of programs under subsections (i) and (j) of this section and section 637(a) of this title, including full information on, and analysis of, the character and impact of managerial assistance provided, the location, income characteristics, and extent to which private resources and skills have been involved in these programs. Such evaluation together with any recommendations deemed advisable by the Comptroller General shall be reported to the Congress by January 1, 1981, and at any time thereafter at the discretion of the Comptroller General.”

Subsec. (j)(10)(J)(ii). Puspan. L. 101–574, § 204(a), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “Except as provided under section 602 of the Business Opportunity Development Reform Act of 1988, no award shall be made pursuant to section 637(a) of this title to other than a small business concern.”

Subsec. (j)(13)(D)(iii). Puspan. L. 101–574, § 206, substituted “October 1, 1994” for “October 1, 1992”.

1989—Subsec. (a)(2). Puspan. L. 101–162, title V, (1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration, except as provided in paragraph (6), shall be:

“(A) not less than 90 per centum of the balance of the financing outstanding at the time of disbursement if such financing does not exceed $155,000; and

“(B) subject to the limitation in paragraph (3)—

“(i) not less than 70 per centum nor more than 85 per centum of the financing outstanding at the time of disbursement if such financing exceeds $155,000 but is less than $714,285,

“(ii) less than 70 per centum of the financing outstanding at the time of disbursement if such financing exceeds $714,285;

“(iii) not less than 85 per centum of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16) and is less than $1,176,470; and

“(iv) less than 85 per centum of the financing outstanding at the time of disbursement if such financing is a loan under paragraph (16) and exceeds $1,176,470;

Subsec. (a)(19). Puspan. L. 101–162, title V, (2), amended par. (19) generally. Prior to amendment, par. (19) read as follows: “During fiscal years 1989, 1990, and 1991, in addition to the preferred lenders program authorized by the proviso in section 634(span)(7) of this title, the Administration is authorized to establish a certified loan program for lenders who establish their knowledge of Administration laws and regulations concerning the loan guarantees program and their proficiency in program requirements. In order to encourage certified lenders and preferred lenders to provide loans of $50,000 or less in guarantees to eligible small business loan applicants, the Administration (A) shall develop and shall allow participating lenders in the certified loan program and in the preferred loan program to solely utilize a uniform and simplified loan form for such loans and (B) shall allow such lenders to retain one-half of the fee collected pursuant to subsection (a)(16) of this section on such loans: Provided, That a participating lender may not retain any fee pursuant to this paragraph if the amount committed and outstanding to the applicant would exceed $50,000 unless such excess amount was not approved under the provisions of this paragraph. The designation of a lender as a certified lender shall be suspended or revoked at any time that the Administration determines that the lender is not adhering to its rules and regulations or if the Administration determines that the loss experience of the lender is excessive as compared to other lenders: Provided further, That any suspension or revocation of the designation shall not affect any outstanding guarantee: And, provided further, That the Administration may not reduce the per centum of guarantee as a criterion of eligibility for participation in this program, except as otherwise provided by law.”

Subsec. (a)(20)(C)(iv). Puspan. L. 101–37, § 9, inserted “is” before “amortized”.

Subsec. (j)(10)(A)(i). Puspan. L. 101–37, § 5(a), substituted “which set forth” for “which sets forth”.

Subsec. (j)(10)(D)(i). Puspan. L. 101–37, § 5(span)(1), substituted “Business Opportunity Specialist” for “business opportunity specialist”.

Subsec. (j)(10)(D)(ii)(II). Puspan. L. 101–37, § 5(span)(2), substituted “the small business concern” for “small business concerns”.

Subsec. (j)(10)(D)(iii). Puspan. L. 101–37, § 5(span)(3), inserted “relating to attaining business activity from sources other than contracts awarded pursuant to section 637(a) of this title” after “subparagraph (I)”.

Subsec. (j)(10)(D)(iv). Puspan. L. 101–37, § 5(span)(4), substituted “contract awards” for “contact awards”.

Subsec. (j)(10)(D)(iv)(I). Puspan. L. 101–37, § 5(span)(5), inserted “relating to attaining business activity from sources other than contracts awarded pursuant to section 637(a) of this title” after “subparagraph (I)”.

Subsec. (j)(10)(E)(ii). Puspan. L. 101–37, § 7(a)(1), substituted “completes the period of Program participation as prescribed by paragraph (15)” for “participates in the Program for a period in excess of the time limits prescribed by paragraph (15)”.

Subsec. (j)(10)(F). Puspan. L. 101–37, § 7(a)(2), struck out subpar. (F) appearing first, which read as follows: “For the purposes of this subsection and section 637(a) of this title, the terms ‘terminated’ or ‘termination’ shall mean the total denial”.

Puspan. L. 101–37, § 7(a)(3), in subpar. (F) appearing second, inserted first sentence and struck out former first sentence which read as follows: “For the purposes of this chapter, this subsection and section 637(a) of this title, the terms ‘terminated’ or ‘termination’ shall mean the total denial or suspension of assistance provided pursuant to this paragraph or section 637(a) of this title prior to the graduation of the participating small business concern pursuant to subparagraph (H) or the expiration of the maximum program participation in terms prescribed by paragraph (15).”

Subsec. (j)(10)(I). Puspan. L. 101–37, § 10(span), designated as subpar. (I) the undesignated subpar. which followed subpar. (H).

Puspan. L. 101–37, § 10(a), made technical correction to directory language of Puspan. L. 100–656, § 303(a), see 1988 Amendment note below.

Subsec. (j)(10)(J)(i). Puspan. L. 101–37, § 6(a), substituted “suspended” for “suspended or terminated”.

Subsec. (j)(11)(B). Puspan. L. 101–37, § 4(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “Except as provided in section 602(d) of the Business Opportunity Development Reform Act of 1988, any individual upon whom eligibility is based pursuant to section 637(a)(4) of this title, shall be permitted to assert such eligibility for only one small business concern. Notwithstanding the provisions of the preceding sentence, no individual who was determined pursuant to section 637(a) of this title to be socially and economically disadvantaged before June 1, 1989, shall be permitted to assert such disadvantage with respect to any other concern making application for certification after June 1, 1989.”

Subsec. (j)(11)(E). Puspan. L. 101–37, § 4(2), (3), substituted “Office of Minority Small Business” for “Office of the Associate Administrator for Minority Small Business” and “the Associate Administrator for Minority Small Business and Capital Ownership Development” for “such Associate Administrator”.

Subsec. (j)(11)(F)(v). Puspan. L. 101–37, § 4(4), substituted “to the Associate Administrator” for “with the Associate Administrator”.

Subsec. (j)(11)(F)(vi). Puspan. L. 101–37, § 4(5), added cl. (vi) and struck out former cl. (vi) which read as follows: “decide protests from applicants that have been denied program admission;”.

Subsec. (j)(11)(F)(viii). Puspan. L. 101–37, § 4(6), substituted “subparagraph (I)” for “subparagraph (H)”.

Subsec. (j)(11)(G)(ii). Puspan. L. 101–37, § 4(7), substituted “Participants” for “participants”.

Subsec. (j)(11)(H), (I). Puspan. L. 101–37, § 4(9), added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (j)(12)(A). Puspan. L. 101–37, § 8(a)(1), substituted “developmental” for “development”.

Subsec. (j)(12)(B). Puspan. L. 101–37, § 8(a)(2), inserted “in its effort” after “to assist the concern”.

Subsec. (j)(13)(E). Puspan. L. 101–37, § 8(span), inserted second sentence and struck out former second sentence which read as follows: “Such financial assistance may be made without regard to section 647(a) of this title, shall be made by way of reimbursement to the training provider, and shall have such adjustments as may be necessary to provide for overpayments or underpayments.”

1988—Subsec. (a)(2). Puspan. L. 100–590, § 103, inserted “, but any such reduction shall not exceed five points” after “any successor thereto” in second proviso.

Subsec. (a)(2)(B)(iii), (iv). Puspan. L. 100–418, § 8007(a)(1), added cls. (iii) and (iv).

Subsec. (a)(3). Puspan. L. 100–418, § 8007(a)(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “No loan under this subsection shall be made if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund established by this chapter would exceed $500,000: Provided, That no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000.”

Subsec. (a)(12). Puspan. L. 100–590, § 111(c), designated existing provisions as subpar. (A) and added subpar. (span)[(B)].

Subsec. (a)(14). Puspan. L. 100–418, § 8005, amended par. (14) generally. Prior to amendment, par. (14) read as follows: “The Administration under this subsection may provide extensions and revolving lines of credit for export purposes to enable small business concerns to develop foreign markets and for preexport financing: Provided, however, That no such extension or revolving line of credit may be made for a period or periods exceeding eighteen months. A bank or participating lending institution may establish the rate of interest on extensions and revolving lines of credit as may be legal and reasonable.”

Subsec. (a)(16) to (18). Puspan. L. 100–418, § 8007(a)(3), (4), added pars. (16) and (17) and redesignated former par. (16) as (18).

Subsec. (a)(19). Puspan. L. 100–533 and Puspan. L. 100–590, § 102(a), made identical amendments adding par. (19).

Subsec. (a)(20). Puspan. L. 100–656, § 302, added par. (20).

Subsec. (span)(1)(A). Puspan. L. 100–590, §§ 119(a), 121, substituted “natural or other disasters” for “floods, riots or civil disorders, or other catastrophes” and inserted proviso that Administration may increase loan up to additional 20 per centum to protect damaged or destroyed property from possible future disasters.

Subsec. (span)(2)(A). Puspan. L. 100–707, § 109(f)(1), substituted “the Disaster Relief and Emergency Assistance Act” for “the Act entitled ‘An Act to authorize Federal assistance to States and local governments in major disasters, and for other purposes’, approved September 30, 1950, as amended (42 U.S.C. 1855–1855g)”.

Subsec. (span)(E). Puspan. L. 100–707, § 109(f)(2), substituted “section 312(a) of the Disaster Relief and Emergency Assistance Act” for “subsection (span) of section 315 of Public Law 93–288 (42 U.S.C. 5155)”.

Subsec. (c)(5)(C). Puspan. L. 100–590, § 120(span), substituted “business or other concern, including agricultural cooperatives,” for “business concern”.

Subsec. (c)(6). Puspan. L. 100–590, § 122, substituted “refinancing: Provided further, That the Administration shall not require collateral for loans of $10,000 or less which are made under paragraph (1) of subsection (span)”. for “refinancing”.

Subsec. (c)(7). Puspan. L. 100–590, § 120(a), added par. (7).

Subsec. (f). Puspan. L. 100–707, § 109(f)(3), substituted “section 102(2) of the Disaster Relief and Emergency Assistance Act” for “section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a(a))”.

Subsec. (j)(3)(A). Puspan. L. 100–656, § 505(h), struck out subpar. (A) which read as follows: “An advisory committee composed of five high-level officers from five United States businesses and five representatives of minority small businesses shall be created to facilitate the achievement of the purposes of this paragraph. The members of the advisory committee shall be appointed by the President. The chairman of the advisory committee, who shall be designated by the President shall report annually to the President and to the Congress on the activities of the advisory committee.”

Subsec. (j)(10)(A)(i). Puspan. L. 100–656, § 205(a), amended cl. (i) generally. Prior to amendment, cl. (i) read as follows: “assist small business concerns participating in the Program to develop comprehensive business plans with specific business targets, objectives, and goals for correcting the impairment of such concern’s ability to compete, as determined for such concern pursuant to section 637(a)(6) of this title, within a fixed period of time as mutually agreed upon by the applicant and the Administrator prior to acceptance in such program: Provided, That not less than one year prior to the expiration of such period, and upon the request of such concern, the Administration shall review such period and may extend such period as necessary and appropriate: Provided further, That no determination made under this paragraph shall be considered a denial of total participation for the purposes of section 637(a)(9) of this title;”.

Subsec. (j)(10)(C). Puspan. L. 100–656, § 205(span)(1), (2), redesignated subpar. (D) as (C) and struck out former subpar. (C) which read as follows: “No small business concern shall receive a contract pursuant to section 637(a) of this title unless—

“(i) the business plan required pursuant to paragraph (10)(A)(i) is approved by the Administration; and

“(ii) the program is able to provide such concern with, but not limited to, such management, technical and financial services as may be necessary to achieve the targets, objectives, and goals of such business.”

Subsec. (j)(10)(D). Puspan. L. 100–656, § 205(span)(2), (3), added subpar. (D). Former subpar. (D) redesignated (C).

Puspan. L. 100–656, § 203, added subpar. (D).

Subsec. (j)(10)(E) to (H). Puspan. L. 100–656, § 208, added subpars. (E) to (H).

Subsec. (j)(10)[(I)]. Puspan. L. 100–656, § 303(a), as amended by Puspan. L. 101–37, § 10(a), added new subpar. without subpar. designation, but which probably was intended to be subpar. (I). See 1989 Amendment note above.

Subsec. (j)(10)(J). Puspan. L. 100–656, § 206, added subpar. (J).

Subsec. (j)(11). Puspan. L. 100–656, § 201(a), designated existing provisions as subpar. (A) and added subpars. (B) to (H).

Subsec. (j)(12). Puspan. L. 100–656, § 301(a), added par. (12).

Subsec. (j)(13). Puspan. L. 100–656, § 301(span), added par. (13).

Subsec. (j)(14). Puspan. L. 100–656, § 301(c), added par. (14).

Subsec. (j)(15). Puspan. L. 100–656, § 202, added par. (15).

Subsec. (j)(16). Puspan. L. 100–656, § 408, added par. (16).

1986—Subsec. (a)(2). Puspan. L. 99–272, § 18013, in subpar. (A) substituted “$155,000” for “$100,000”, in subpar. (B)(i) substituted “$155,000” for “$100,000” and “85” for “90”, in proviso following subpar. (B) substituted “85” for “90”, and inserted a second proviso relating to reduction by the Administration of its participation below the per centum stated in this paragraph and defining “preferred lenders program”.

Subsec. (a)(15)(B)(i). Puspan. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Subsec. (a)(16). Puspan. L. 99–272, § 18007, added par. (16).

Subsec. (span). Puspan. L. 99–272, § 18006(a)(1), in provision preceding par. (1) substituted “Except as to agricultural enterprises as defined in section 647(span)(1) of this title, the,” for “The”, struck out par. (3) which authorized loans, each one not to exceed $500,000, to any small business concern to effect continuation of, additions to, alterations in, or reestablishment in the same or a new location of its plant, facilities, or methods or operation caused by direct action of the Federal Government or as a consequence of Federal Government action provided that the applicant was unable to obtain credit elsewhere, and struck out par. (4) which authorized disaster loans, each one not to exceed $100,000, to any small business concern located in an area of economic dislocation that was the result of the drastic fluctuation in the value of the currency of a country contiguous to the United States and adjustments in the regulation of its monetary system if such concern was unable to obtain credit elsewhere.

Subsec. (c)(4). Puspan. L. 99–272, § 18006(a)(2), struck out provision following subpar. (D) which provided that loans, subject to reductions under subpars. (A) and (B) of par. (1), be in amounts equal to 100 percent of loss if the applicant was a homeowner and 85 percent if the applicant was a business or otherwise, the interest rate for loans under pars. (1) and (2) be the rate of interest in effect on the date the disaster commenced, and the Administrator, in his discretion, waive the $500,000 limitation on the total amount outstanding and committed to the borrower under this subsection if the applicant constituted a major source of employment in an area suffering a disaster.

1984—Subsec. (span)(2). Puspan. L. 98–270, § 311(1), (3), substituted in provisions preceding subpar. (A) “small business concern or small agricultural cooperative” for “small business concern” and “the concern or the cooperative” for “the concern”.

Subsec. (span)(2)(D). Puspan. L. 98–270, § 311(2), substituted “small business concerns or small agricultural cooperatives” for “small business concerns”.

Subsec. (span)(3). Puspan. L. 98–270, § 308, inserted “continuation of,” after “in effecting” and inserted provision directing that, for purposes of this paragraph, the impact of the 1983 Payment-in-Kind Land Diversion program, or any successor Payment-in-Kind program with a similar impact on the small business community, be deemed to be a consequence of Federal Government action.

Subsec. (span)(4). Puspan. L. 98–270, § 304(2), added par. (4).

Subsec. (c). Puspan. L. 98–270, § 301, added undesignated par. following par. (6).

Subsec. (c)(5). Puspan. L. 98–270, § 301, added par. (5).

Subsec. (c)(6). Puspan. L. 98–270, § 301, added par. (6).

Puspan. L. 98–270, § 309, inserted provision directing that employees of concerns sharing common business premises be aggregated in determining “major source of employment” status for nonprofit applicants owning such premises.

Subsec. (d)(1). Puspan. L. 98–395 substituted provisions stating that the Administration shall not fund any Small Business Development Center except as authorized for former provisions which prohibited such funding only after October 1, 1980.

1981—Subsec. (a). Puspan. L. 97–35, § 1902, substituted provisions empowering the Administration to the extent and in such amounts as provided in advance in appropriation acts, for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, and to make loans to qualified small business concerns including those owned by qualified Indian tribes, for purposes of this chapter, and that financing may be made either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred basis for provisions empowering the Administration to make loans to enable small business concerns and such concerns wholly owned by Indian tribes to finance plant construction, conversion, or expansion, including the acquisition of land, or to finance residential or commercial construction or rehabilitation, for sale, with a proviso that such loans shall not be used primarily for the acquisition of land, or to finance the acquisition of equipment, facilities, machinery, supplies, or materials, or to supply such concerns with working capital to be used in the manufacture of articles, equipment, supplies, or materials for war, defense, or civilian production or as may be necessary to insure a well-balanced national economy, and that such loans may be made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis.

Subsec. (a)(6)(C). Puspan. L. 97–35, § 1910, repealed subpar. (C) which read as follows: “the Administration shall not decline to participate in a loan on a deferred basis under this subsection solely because such loan will be used to refinance all or any part of the existing indebtedness of a small business concern, unless the Administration determines that—

“(i) the holder of such existing indebtedness is in a position likely to sustain a loss if such refinancing is not provided, and

“(ii) if the Administration provides such refinancing through an agreement to participate on a deferred basis, it will be in a position likely to sustain part or all of any loss which would have otherwise been sustained by the holder of the original indebtedness: Provided further, That the Administration may decline to approve such refinancing if it determines that the loan will not benefit the small business concern.”

Subsec. (a)(8). Puspan. L. 97–35, § 1910, repealed par. (8) which read as follows: “(8)(A) Any loan made under the authority of this subsection by the Administration in cooperation with a bank or other lending institution through an agreement to participate on a deferred basis, may, upon the concurrence of the Administration, borrower and such bank or institution, have the term of such loan extended or such loan refinanced with an extension of its term: Provided, That the aggregate term of such extended or refinanced loan does not exceed the term permitted pursuant to paragraph (5): And provided further, That such extended loans, or refinancings shall be repaid in equal installments of principal and interest.

“(B) An additional service fee not exceeding 1 per centum of the outstanding amount of the principal may be paid by the borrower to the lender in consideration for such lender extending the term or refinancing of such borrower’s indebtedness if such extension or refinancing results in the term of such indebtedness exceeding ten years.

“(C) The authority provided in this paragraph shall not be construed to otherwise limit the authority of the Administration to set terms and conditions of the loan.”

Subsec. (span)(1). Puspan. L. 97–35, § 1911, revised provisions to specifically authorize loans only to repair, rehabilitate, or replace property, real or personal, damaged or destroyed, and is not compensated for by insurance or otherwise, and to refinance any mortgage or other lien against a totally destroyed or substantially damaged home or business concern upon finding that the applicant is not able to obtain credit elsewhere, that such property is to be repaired, rehabilitated, or replaced, that the amount refinanced shall not exceed the loss, and that the amount shall be reduced to the extent such mortgage or lien is satisfied by insurance or otherwise.

Subsec. (span)(2). Puspan. L. 97–35, § 1911, revised provisions to continue to authorize loans to business concerns which the Administration determines to have suffered substantial economic injury as a result of a physical disaster as declared under certain pertinent triggering legislation.

Subsec. (span)(3) to (9). Puspan. L. 97–35, § 1913(a), designated existing provisions of par. (5) as (3) with minor changes, and struck out pars. (3), (4), and (6) to (9) relating to non-physical disaster loans.

Subsec. (c)(3). Puspan. L. 97–35, § 1914, substituted “effective date of this Act” for “to October 1, 1983”.

Subsec. (c)(4). Puspan. L. 97–35, § 1912, added par. (4).

Subsec. (g). Puspan. L. 97–35, § 1913(c), repealed subsec. (g) which related to loans to small business concerns for water pollution control facilities.

1980—Subsec. (a). Puspan. L. 96–481, § 112, inserted provisions preceding par. (1) empowering the Administration to the extent and in such amounts as are provided in appropriation acts to make or effect either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis extensions and revolving lines of credit for export purposes to enable small business concerns to develop foreign markets and for preexport financing, with proviso limiting the extension of credit or revolving line of credit to a period of eighteen months.

Subsec. (a)(8). Puspan. L. 96–302, § 505, added par. (8).

Subsec. (span). Puspan. L. 96–302, § 124, which directed that cl. (E), respecting duplication of disaster benefits, be added at end of subsec. (span), was executed by inserting cl. (E) following cl. (D) in next to last par. of subsec. (span) as the probable intent of Congress.

Subsec. (span)(4). Puspan. L. 96–302, § 123, substituted “other causes” for “undetermined causes” and made the small business concern ineligible for loan assistance when the concern intentionally adulterates its product in attempting to establish eligibility under the loan assistance program.

Subsec. (span)(8). Puspan. L. 96–302, § 122, authorized loans to assist small business concern affected by a shortage of coal or other energy-producing resource caused by a strike, boycott, or embargo, unless the strike, boycott, or embargo is directly against the small business concern.

Subsec. (c)(3). Puspan. L. 96–302, § 119(a), (span), added subpar. (C) and extended disaster loans to disasters occurring prior to Oct. 1, 1983, instead of Oct. 1, 1982.

Subsec. (d)(1). Puspan. L. 96–302, § 203, substituted provisions respecting: funding of small business development centers under section 648 of this title on and after Oct. 1, 1980; operation of such centers funded prior to Oct. 1, 1979; and prescribing $300,000 limitation for fiscal year 1980, for such centers funded in fiscal year 1979, for provisions respecting grants for studies research, and counseling concerning the managing, financing, and operation of small-business enterprises; study and research recommendation; and conditions, now covered in section 648(a) of this title.

Subsec. (j)(10). Puspan. L. 96–481, § 104, in opening paragraph substituted provision that the program and all other services and activities authorized under this subsection and section 637(a) of this title shall be managed by the Associate Administrator for Minority Small Business and Capital Ownership Development under the Supervision of, and responsible to the Administrator, for provision that the management of the program shall be vested in the Associate Administrator for Minority Small Business and Capital Ownership Development who shall also manage all other services and activities authorized under this subsection and section 637(a) of this title.

Subsec. (j)(10)(A)(i). Puspan. L. 96–481, § 106(a), substituted “targets, objectives, and goals for correcting the impairment of such concern’s ability to compete, as determined for such concern pursuant to section 637(a)(6) of this title, within a fixed period of time as mutually agreed upon by the applicant and the Administrator prior to acceptance in such program: Provided, That not less than one year prior to the expiration of such period, and upon the request of such concern, the Administration shall review such period and may extend such period as necessary and appropriate; Provided further, That no determination made under this paragraph shall be considered a denial of participation for the purposes of section 637(a)(9) of this title” for “targets, objectives and goals”.

Subsec. (j)(10)(C). Puspan. L. 96–481, § 107, in the conditions required to receive a contract by a small business concern, substituted provisions that the business plan be approved by the Administration and that the program be able to provide the concern with management, technical and financial services necessary to achieve the targets, objectives and goals of such business, for provision that the program be able to provide the concern with management, technical and financial services as may be necessary to promote the competitive viability of the concern within a reasonable period of time.

1979—Subsec. (span) following par. (9). Puspan. L. 96–38 inserted “, except as provided in subsection (c) of this section,” after “the interest rate on the Administration’s share of any loan made under this subsection” in first unnumbered paragraph.

Subsec. (c)(3). Puspan. L. 96–38 added par. (3).

1978—Subsec. (a). Puspan. L. 95–507, § 231, inserted provision including small-business concerns totally owned and controlled by Indian tribes within the scope of this section.

Subsec. (d). Puspan. L. 95–315, § 3, designated existing provisions as par. (1) and added par. (2).

Subsec. (j). Puspan. L. 95–507, § 204, included individuals and enterprises eligible for assistance under par. (10) of this subsection and section 637(a) of this title among those eligible for assistance under this section, provided for the establishment of the small business and capital ownership development program, and provided for the coordination of certain Federal policies under this section by the Associate Administrator for Minority Small Business and Capital Ownership Development.

Subsec. (k). Puspan. L. 95–507, § 205, inserted reference to section 637(a).

Subsec. (k)(4). Puspan. L. 95–510 substituted “the daily equivalent of the highest rate payable under section 5332 of title 5” for “$100 per diem”.

Subsec. (l). Puspan. L. 95–315, § 2, added subsec. (l).

1977—Subsec. (a). Puspan. L. 95–89, § 301, authorized loans to finance residential or commercial construction or rehabilitation for sale, subject to restriction that such loans be not used primarily for the acquisition of land.

Subsec. (a)(8). Puspan. L. 95–89, § 101(d), repealed par. (8) which required the Administrator to make direct loans under subsec. (a) in an aggregate amount of not less than $400,000,000 during fiscal year ending June 30, 1975.

Subsec. (span). Puspan. L. 95–89, § 405, inserted following par. (9) provisions respecting interest rate on loans to repair or replace primary residence and/or replace or repair damaged or destroyed personal property, including installation of insulation in connection with any disaster occurring on or after April 1, 1977, and transmission of a report to congressional committees respecting the activities under the provisions and the encouragement of such insulation installations.

Subsec. (span)(2)(C) to (E). Puspan. L. 95–89, § 403, added subpars. (C) to (E).

Subsec. (span)(3). Puspan. L. 95–89, § 402, substituted “program or project constructed by or with funds provided in whole or in part by the Federal Government or by a program or project by a State or local government or public service entity, providing such government or public service entity has the authority to exercise the right of eminent domain on such program or project” for “federally aided urban renewal program or a highway project or any other construction constructed by or with funds provided in whole or in part by the Federal Government”.

Subsec. (span)(5). Puspan. L. 95–89, § 302, inserted “heretofore or hereafter enacted” after “any Federal law”.

Subsec. (span)(9). Puspan. L. 95–89, § 404, added par. (9).

Subsec. (g)(4). Puspan. L. 95–89, § 101(e), repealed par. (4) which authorized appropriation of not to exceed $800,000,000 to the disaster fund solely for purpose of carrying out subsec. (g) loans to small business concerns for water pollution control facilities.

1976—Subsec. (a)(1). Puspan. L. 94–305, § 112(c), inserted reference to non-Federal sources.

Subsec. (a)(4)(A). Puspan. L. 94–305, § 111, substituted “$500,000: Provided, That no such loan made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis shall exceed $350,000” for “$350,000”.

Subsec. (a)(4)(C). Puspan. L. 94–305, § 108(span), substituted provision relating to a twenty year maturity period for any portion of loan made for the purpose of acquiring real property or constructing facilities for provision relating to a ten year maturity for portion of loan made for purpose of constructing facilities.

Subsec. (span). Puspan. L. 94–305, § 114, in provisions following par. (8), substituted provisions requiring interest rate on Administration’s share of any loan made under this subsection not to exceed the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt for provisions requiring interest rate on Administration’s share of any loan made under this subsection not to exceed 3 per centum per anspan except for loans made under pars. (3), (5), (6), (7), or (8) in which the interest will not exceed either 2¾ per centum per anspan or the average annual interest rate of all interest-bearing obligations of the United States then forming a part of the public debt.

Subsec. (span)(4). Puspan. L. 94–305, § 112(d), struck out proviso that loans under subsec. (span)(4) of this section include loans to persons who are engaged in business of raising livestock, and who suffer substantial injury as a result of animal disease.

Subsec. (i)(1), (3). Puspan. L. 94–305, § 109, substituted “$100,000” for “$50,000”.

1974—Subsec. (a)(4)(B). Puspan. L. 93–386, § 8, substituted provisions for determining the rate of interest for the Administration’s share of any loan for provisions setting forth the rate of interest for the Administration’s share of any loan as not more than 5½ per centum per anspan.

Subsec. (a)(5)(B). Puspan. L. 93–386, § 8, substituted provisions for determining the rate of interest for the Administration’s share of any loan for provisions setting forth the rate of interest for the Administration’s share of any loan as not less than 3 nor more than 5 per centum per anspan.

Subsec. (a)(8). Puspan. L. 93–386, § 12, added par. (8).

Subsec. (span)(4). Puspan. L. 93–237, § 5, inserted proviso that loans under this paragraph include loans to persons who are engaged in the business of raising livestock and who suffer substantial economic injury as a result of animal disease.

Subsec. (span)(5) to (7). Puspan. L. 93–237, §§ 2(a), (span), 6, consolidated into a single par. (5) the authority of the Small Business Administration contained in former par. (5) to make loans to small business concerns to meet the requirements of the Federal Coal Mine Health and Safety Act of 1969, the Egg Products Inspection Act, the Wholesome Poultry Products Act, and the Wholesome Meat Act, and former par. (6) to make loans to small business concerns to meet the requirements of the Occupational Safety and Health Act of 1970, expanded such authority to finance structural, operational, or other changes required in order to meet standards imposed by Federal laws, or by State laws enacted in conformity with Federal laws, redesignated former par. (7) as par. (6), and added par. (7).

Subsec. (span)(8). Puspan. L. 93–386, § 9(a), added par. (8).

Subsec. (span). Puspan. L. 93–386, § 9(span), substituted “paragraph (3), (5), (6), (7), or (8)” for “paragraph (3), (5), (6), or (7)” in first par. following the numbered pars.

Subsecs. (g), (h). Puspan. L. 93–237, § 3(a), redesignated subsec. (g), relating to loans to handicapped persons and organizations for handicapped, as (h).

Subsec. (h)(2). Puspan. L. 93–386, § 3(2), inserted “The Administration’s share of” before “any loan”.

Subsecs. (i) to (k). Puspan. L. 93–386, § 2(a)(4), added subsecs. (i) to (k).

1972—Subsec. (span). Puspan. L. 92–385 added par. (7), and in text following the numbered paragraphs, inserted provisions relating to the administration of the disaster loan program in relation to disasters occurring between January 1, 1971, and July 1, 1973.

Subsec. (g). Puspan. L. 92–595 added subsec. (g) relating to loans to handicapped persons and organizations for handicapped.

Puspan. L. 92–500 added subsec. (g) relating to loans to small business concerns for water pollution control facilities.

1970—Subsec. (span). Puspan. L. 91–597 added par. (5) relating to loans for additions or alterations required under the Egg Products Inspection Act, etc., and inserted reference to such par. (5).

Puspan. L. 91–596 added par. (6) and inserted reference to par. (6) after reference to par. (5).

1969—Subsec. (span). Puspan. L. 91–173 added par. (5), and inserted reference to par. (5) after reference to par. (3).

1968—Subsec. (span)(1). Puspan. L. 90–448 empowered the Administration to make loans because of riots or civil disorders.

Subsec. (span)(3). Puspan. L. 90–495 added continuing in business at its existing location, purchasing a business, and establishing a new business to the list of purposes for which loans may be made, and extended the causes of substantial economic injury of the concern involved to include its location in, adjacent to, or near a federally aided urban renewal program, highway project, or other construction project using federal funds.

1967—Subsec. (a)(4). Puspan. L. 90–104, § 103, extended maturity date for construction loans from ten to fifteen years.

Subsec. (f). Puspan. L. 90–104, § 104, redesignated subsec. (e), added by Puspan. L. 89–769, as (f).

1966—Subsec. (e). Puspan. L. 89–409 added subsec. (e).

Puspan. L. 89–769 added subsec. (e) which provided for assistance to privately owned higher education in major disaster areas and repayment.

1965—Subsec. (span). Puspan. L. 89–59, § 1(a), increased the maturity of disaster loans from twenty to thirty years, and authorized suspension of principal and interest payments and extension of date of maturity for five year period.

Subsec. (c). Puspan. L. 89–59, § 1(span), designated existing provisions as par. (1) and added par. (2).

1964—Subsecs. (span)(2), (4). Puspan. L. 88–264 extended provisions of par. (2) to any small business affected by disasters other than drought or excessive rainfall and added par. (4) for disaster loans to any such business suffering economic injuries through natural or undetermined causes.

Subsec. (span)(3). Puspan. L. 88–560 provided that the purposes of a loan under this paragraph may include the purchase or construction of other premises whether or not the borrower owned the premises from which it was displaced.

1961—Subsec. (span). Puspan. L. 87–70 added par. (3), and inserted provisions limiting the interest rate in the case of loans made pursuant to par. (3) to not more than the higher of (A) 2¾ per centum per anspan, or (B) the average annual interest rate on all interest-bearing obligations forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum, plus one-quarter of 1 per centum per anspan.

Subsec. (d). Puspan. L. 87–305 empowered the Administration to make grants to any corporation formed by two or more eligible entities described in the text, authorized it to recommend to grant applicants particular studies or research, eliminated the limitation of one grant to a State, and conditioned grants to the procurement of additional amounts from sources other than the Administration.

1959—Subsec. (d). Puspan. L. 86–367 struck out provision for making the grants from the fund established in the Treasury by section 602(span) of the Small Business Investment Act of 1958.

1958—Subsec. (d). Puspan. L. 85–699 added subsec. (d).

Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, June 29, 2001. Previously, Select Committee on Small Business of Senate became Committee on Small Business of Senate. See Senate Resolution No. 101, Ninety-Seventh Congress, Mar. 25, 1981.

Puspan. L. 117–2, title V, § 5001(c)(3), Mar. 11, 2021, 135 Stat. 84, provided that: “The amendments made by this subsection [amending this section and section 636m of this title] shall apply only with respect to applications for forgiveness of covered loans made under paragraphs (36) or (37) of section 7(a) of the Small Business Act [15 U.S.C. 636(a)(36), (37)], as amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260), that are received on or after the date of the enactment of this Act [Mar. 11, 2021].”

Puspan. L. 116–260, div. N, title III, § 304(c), Dec. 27, 2020, 134 Stat. 1996, provided that:

Puspan. L. 116–260, div. N, title III, § 308(span), Dec. 27, 2020, 134 Stat. 2000, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 310(a)(2), Dec. 27, 2020, 134 Stat. 2000, provided that: “The amendment made by paragraph (1) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 313(span), Dec. 27, 2020, 134 Stat. 2009, provided that:

Puspan. L. 116–260, div. N, title III, § 315(c), Dec. 27, 2020, 134 Stat. 2011, provided that: “The amendments made by subsections (a) and (span) [amending this section and section 636m of this title] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 326(a)(2), Dec. 27, 2020, 134 Stat. 2036, provided in part that the amendment made by section 326(a)(2) of Puspan. L. 116–260 is effective Oct. 1, 2021.

Puspan. L. 116–260, div. N, title III, § 326(span)(2)(B), Dec. 27, 2020, 134 Stat. 2037, provided in part that the amendment made by section 326(span)(2)(B) of Puspan. L. 116–260 is effective Oct. 1, 2021.

Puspan. L. 116–260, div. N, title III, § 329(a)(2), Dec. 27, 2020, 134 Stat. 2042, provided in part that the amendment made by section 329(a)(2) of Puspan. L. 116–260 is effective Oct. 1, 2021.

Puspan. L. 116–260, div. N, title III, § 335(span), Dec. 27, 2020, 134 Stat. 2047, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 336(span), Dec. 27, 2020, 134 Stat. 2048, provided that:

Puspan. L. 116–260, div. N, title III, § 337(span), Dec. 27, 2020, 134 Stat. 2048, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 338(span), Dec. 27, 2020, 134 Stat. 2048, provided that: “The amendments made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 339(a), (c), Dec. 27, 2020, 134 Stat. 2049, provided that:

Puspan. L. 116–260, div. N, title III, § 340(span)(2), Dec. 27, 2020, 134 Stat. 2050, provided that: “The amendment made by paragraph (1) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 343(span), Dec. 27, 2020, 134 Stat. 2051, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act [Dec. 27, 2020], including forgiveness of such a loan.”

Puspan. L. 116–260, div. N, title III, § 348, Dec. 27, 2020, 134 Stat. 2052, provided that: “Except as otherwise provided in this Act [probably means “this title”, title III of div. N of Puspan. L. 116–260, see Tables for classification], this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [Dec. 27, 2020] and apply to loans and grants made on or after the date of enactment of this Act.”

Puspan. L. 116–142, § 2(span), June 5, 2020, 134 Stat. 641, provided that: “The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [June 5, 2020] and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) on or after such date. Nothing in this Act [see Short Title of 2020 Amendment note set out under section 631 of this title], the CARES Act (Public Law 116–136) [see Short Title note set out under section 9001 of this title], or the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139) [see Short Title of 2020 Amendment note set out under section 9001 of this title] shall be construed to prohibit lenders and borrowers from mutually agreeing to modify the maturity terms of a covered loan described in subparagraph (K) of such section [15 U.S.C. 636(a)(36)(K)] to conform with requirements of this section.”

Puspan. L. 116–142, § 3(d), June 5, 2020, 134 Stat. 643, provided that: “The amendments made by this section [amending this section and section 9005 of this title] shall be effective as if included in the CARES Act (Public Law 116–136) [see Short Title note set out under section 9001 of this title] and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) or section 1109 of the CARES Act [15 U.S.C. 9008].”

Puspan. L. 116–136, div. A, title I, § 1102(c)(2), Mar. 27, 2020, 134 Stat. 294, as amended by Puspan. L. 116–260, div. N, title III, § 326(span)(1), Dec. 27, 2020, 134 Stat. 2036, provided in part that the amendment made by section 1102(c)(2) of Puspan. L. 116–136 is effective on Oct. 1, 2021.

Puspan. L. 116–92, div. A, title VIII, § 877(span), Dec. 20, 2019, 133 Stat. 1529, provided that: “The amendments made by subsection (a)(1) [amending this section] shall apply to an economic injury suffered or likely to be suffered as the result of an essential employee being ordered to perform active service (as defined in section 101(d)(3) of title 10, United States Code) for a period of more than 30 consecutive days who is discharged or released from such active service on or after the date of enactment of this Act [Dec. 20, 2019].”

Puspan. L. 114–88, div. B, title I, § 2102(span), Nov. 25, 2015, 129 Stat. 690, as amended by Puspan. L. 115–280, § 1, Nov. 29, 2018, 132 Stat. 4190; Puspan. L. 116–70, § 2, Nov. 22, 2019, 133 Stat. 1145, provided that the amendment made by section 2102(span) is effective on the date that is 7 years after Nov. 25, 2015.

Amendment by Puspan. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Puspan. L. 111–240, title I, § 1111(span), Sept. 27, 2010, 124 Stat. 2508, provided that the amendment made by section 1111(span) is effective Jan. 1, 2011.

Puspan. L. 111–240, title I, § 1133(span), Sept. 27, 2010, 124 Stat. 2515, provided that the amendment made by section 1133(span) is effective Sept. 30, 2013.

Puspan. L. 111–240, title I, § 1135(span), Sept. 27, 2010, 124 Stat. 2520, provided that the amendment made by section 1135(span) is effective 1 year after Sept. 27, 2010.

Puspan. L. 111–240, title I, § 1206(h), Sept. 27, 2010, 124 Stat. 2532, provided that: “The amendments made by subsections (a) through (f) [amending this section] shall apply with respect to any loan made after the date of enactment of this Act [Sept. 27, 2010].”

Puspan. L. 111–240, title I, § 1401(c), Sept. 27, 2010, 124 Stat. 2549, provided that the amendment made by section 1401(c)(1) is effective Oct. 1, 2012.

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Puspan. L. 110–234, title XII, § 12078(span)(2), May 22, 2008, 122 Stat. 1415, and Puspan. L. 110–246, § 4(a), title XII, § 12078(span)(2), June 18, 2008, 122 Stat. 1664, 2177, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to a loan or guarantee made after the date of enactment of this Act [June 18, 2008].”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Puspan. L. 110–234, title XII, § 12083(span), May 22, 2008, 122 Stat. 1420, and Puspan. L. 110–246, § 4(a), title XII, § 12083(span), June 18, 2008, 122 Stat. 1664, 2182, provided that: “The amendments made by this section [amending this section] shall apply to any major disaster declared on or after the date of enactment of this Act [June 18, 2008].”

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Puspan. L. 108–447, div. K, title I, § 101(span), Dec. 8, 2004, 118 Stat. 3443, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Dec. 8, 2004].”

Puspan. L. 108–447, div. K, title I, § 103(span), Dec. 8, 2004, 118 Stat. 3444, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date of enactment of this Act [Dec. 8, 2004].”

Puspan. L. 108–447, div. K, title I, § 107(c), Dec. 8, 2004, 118 Stat. 3446, provided that: “The amendments made by this section [amending this section] shall take effect on the date of enactment of this Act [Dec. 8, 2004].”

Amendment by Puspan. L. 107–100 effective Oct. 1, 2002, see section 6(e) of Puspan. L. 107–100, set out in an Effective Date of 2001 Amendment; Use of Funds note under section 697 of this title.

Puspan. L. 106–50, title IV, § 402(e), Aug. 17, 1999, 113 Stat. 246, provided that:

Puspan. L. 106–8, § 3(c), Apr. 2, 1999, 113 Stat. 16, provided that effective Dec. 31, 2000, this section (amending this section and enacting provisions set out as a note under this section) and the amendments made by this section are repealed.

Amendment by section 101(f) [title VIII, § 405(d)(10)] of Puspan. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(9)] of Puspan. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Puspan. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.

Amendment by Puspan. L. 105–135 effective on Oct. 1, 1997, see section 3 of Puspan. L. 105–135, set out as a note under section 631 of this title.

Amendment by Puspan. L. 104–208 effective Oct. 1, 1996, see section 3 of Puspan. L. 104–208, set out as a note under section 633 of this title.

Amendment by Puspan. L. 104–36 inapplicable to loans made or guaranteed under Small Business Act or Small Business Investment Act of 1958 before Oct. 12, 1995, unless such loans are refinanced, extended, restructured, or renewed on or after Oct. 12, 1995, see section 8 of Puspan. L. 104–36, set out as a note under section 634 of this title.

Puspan. L. 103–403, title II, § 208(c), Oct. 22, 1994, 108 Stat. 4182, provided that: “The amendments made by this section [amending this section] shall remain in effect during the period beginning on the date of enactment of this Act [Oct. 22, 1994] and ending on October 1, 1997.”

Puspan. L. 103–81, § 5(span), Aug. 13, 1993, 107 Stat. 782, provided that: “Notwithstanding any other provision of law, the amendments made by subsection (a) [amending this section] shall be effective September 1, 1993, but shall not be applicable to loan guarantee applications received by the Administration prior to August 21, 1993. In order to determine the percent of the loan to be guaranteed pursuant to the amendments made by subsection (a), the Administration shall aggregate the outstanding guaranteed principal of multiple loan guarantees issued on behalf of the same borrower.”

Puspan. L. 102–366, title I, § 113(span), Sept. 4, 1992, 106 Stat. 993, provided that: “The amendments made by paragraphs (4) and (5) of subsection (a) [amending this section] shall become effective on October 1, 1992.”

Amendment by Puspan. L. 101–37 applicable as if included in Puspan. L. 100–656, see section 32 of Puspan. L. 101–37, set out as a note under section 631 of this title.

Amendments by sections 202, 203, 206, 301(a), 408, and 505(h) of Puspan. L. 100–656 and subsec. (j)(13)(G) and (I) of this section as added by section 301(span) of Puspan. L. 100–656, effective Nov. 15, 1988, see section 803(a) of Puspan. L. 100–656, set out as a note under section 631 of this title.

Amendments by sections 201(a), 205, 208, 301(span), (c), and 303(a) of Puspan. L. 100–656 effective Aug. 15, 1989, see section 803(span)(1)(A), (B) of Puspan. L. 100–656, as amended, set out as a note under section 631 of this title.

Amendment by section 302 of Puspan. L. 100–656 effective June 1, 1989, see section 803(span)(2) of Puspan. L. 100–656, as amended, set out as a note under section 631 of this title.

Subsection (j)(13)(E) of this section as added by section 301(span) of Puspan. L. 100–656 effective Oct. 1, 1989, see section 803(span)(4)(D) of Puspan. L. 100–656, as amended, set out as a note under section 631 of this title.

Amendments by sections 119(a) and 120 to 122 of Puspan. L. 100–590 effective for all loan applications resulting from disaster declarations made on or after Aug. 1, 1988, or from disaster declarations whose filing periods were open on Oct. 1, 1988, see section 137 of Puspan. L. 100–590, set out as a note under section 631 of this title.

Amendment by Puspan. L. 98–270 effective Oct. 1, 1983, see section 313 of Puspan. L. 98–270, set out as a note under section 632 of this title.

Puspan. L. 98–270, title III, § 307, Apr. 18, 1984, 98 Stat. 161, provided that: “The amendments made by sections 304 and 305 of this title [amending this section and provisions set out as a note under section 631 of this title] shall apply to economic dislocations certified by any State Governor to the Small Business Administration after the date of enactment of this Act [Apr. 18, 1984] providing such dislocation commenced since January 1, 1982.”

Amendment by section 311 of Puspan. L. 98–270 applicable to loans granted on the basis of any disaster with respect to which a declaration has been issued after Sept. 1, 1982, under subsec. (span)(2)(A), (B), or (C) of this section or with respect to which a certification has been made after such date under subsec. (span)(2)(D) of this section, see section 312 of Puspan. L. 98–270, set out as a note under section 632 of this title.

Puspan. L. 97–35, title XIX, § 1910, Aug. 13, 1981, 95 Stat. 778, provided that the repeal of subsec. (a)(6)(C), (8) of this section is effective Oct. 1, 1985.

Amendment by section 1913 of Puspan. L. 97–35 effective Oct. 1, 1981, amendments by sections 1902, 1911, 1912, and 1914 of Puspan. L. 97–35 effective Aug. 13, 1981, but shall not affect any financing made, obligated, or committed under this chapter or chapter 14B of this title prior to Aug. 13, 1981, see section 1918 of Puspan. L. 97–35, set out as a note under section 631 of this title.

Amendment by Puspan. L. 96–302 effective Oct. 1, 1980, see section 507 of Puspan. L. 96–302, set out as a note under section 631 of this title.

Puspan. L. 96–302, title I, § 119(d), July 2, 1980, 94 Stat. 841, provided that: “The amendments made by this section to sections 7(c)(3)(C) [subsection (c)(3) of this section] and 18 [section 647 of this title] of the Small Business Act shall not apply to any disaster which commenced on or before the effective date of this Act.”

Amendment by Puspan. L. 95–510 effective Oct. 1, 1979, see section 105 of Puspan. L. 95–510, set out as a note under section 634 of this title.

Amendment by section 101(d), (e) of Puspan. L. 95–89 effective Oct. 1, 1977, see section 106 of Puspan. L. 95–89, set out as a note under section 633 of this title.

Puspan. L. 92–385, § 1(span), Aug. 16, 1972, 86 Stat. 555, provided that: “The last paragraph of the amendment made by subsection (a) [amending this section] shall apply only with respect to loans made on or after the date of enactment of this Act [Aug. 16, 1972].”

For effective date of amendment by Puspan. L. 91–597 see section 29 of Puspan. L. 91–597, set out as a note under section 1031 of Title 21, Food and Drugs.

Amendment by Puspan. L. 91–596 effective 120 days after Dec. 29, 1970, see section 34 of Puspan. L. 91–596, set out as a note under section 651 of Title 29, Labor.

Amendment by Puspan. L. 90–495 effective Aug. 23, 1968, see section 37 of Puspan. L. 90–495, set out as a note under section 101 of Title 23, Highways.

Puspan. L. 89–409, § 3(c), May 2, 1966, 80 Stat. 133, provided that: “This section [amending this section, repealing section 637a of this title, and enacting provisions set out as a note under section 633 of this title] shall take effect on July 1, 1966.”

Puspan. L. 117–249, § 2(span), Dec. 20, 2022, 136 Stat. 2351, provided that: “Not later than 120 days after the date of enactment of this Act [Dec. 20, 2022], the Administrator of the Small Business Administration shall issue regulations to carry out the amendment made by subsection (a) [amending this section].”

Puspan. L. 116–136, div. A, title I, § 1102(e), Mar. 27, 2020, 134 Stat. 294, provided that: “On and after the date of enactment of this Act [Mar. 27, 2020], the interim final rule published by the Administrator entitled ‘Express Loan Programs: Affiliation Standards’ (85 Fed. Reg. 7622 (February 10, 2020)) is permanently rescinded and shall have no force or effect.”

Puspan. L. 111–240, title I, § 1131(span), Sept. 27, 2010, 124 Stat. 2514, provided that: “Not later than 180 days after the date of enactment of this Act [Sept. 27, 2010], the Administrator [of the Small Business Administration] shall issue regulations to carry out section 7(l) of the Small Business Act [15 U.S.C. 636(l)], as amended by subsection (a).”

Puspan. L. 106–50, title IV, § 402(d), Aug. 17, 1999, 113 Stat. 246, provided that: “Not later than 30 days after the date of the enactment of this section [Aug. 17, 1999], the Administrator of the Small Business Administration shall issue such guidelines as the Administrator determines to be necessary to carry out this section [amending this section and enacting provisions set out as notes under this section] and the amendments made by this section.”

Puspan. L. 106–8, § 3(span), Apr. 2, 1999, 113 Stat. 15, which provided that not later than 30 days after Apr. 2, 1999, Administrator of the Small Business Administration was to issue guidelines to carry out the program under former subsec. (a)(27) of this section, was repealed by Puspan. L. 106–8, § 3(c), Apr. 2, 1999, 113 Stat. 16, effective Dec. 31, 2000.

Section 114 of Puspan. L. 102–366 provided that: “Not later than 45 days after the date of enactment of this Act [Sept. 4, 1992], the Small Business Administration shall promulgate interim final regulations to implement the amendments made by this subtitle [subtitle B (§§ 111–115) of title I of Puspan. L. 102–366, amending this section, enacting provisions set out as notes below, and amending provisions set out as a note under section 631 of this title].”

Puspan. L. 102–140, title VI, § 609(i), Oct. 28, 1991, 105 Stat. 831, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 28, 1991], the Small Business Administration shall promulgate interim final regulations to implement the microloan demonstration program.”

Puspan. L. 100–656, title VIII, § 801, Nov. 15, 1988, 102 Stat. 3898, as amended by Puspan. L. 101–37, § 30, June 15, 1989, 103 Stat. 76, provided that: “The Small Business Administration shall—

For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reports required under subsections (a)(15)(E) and (j)(16)(B) of this section are listed on page 191), see section 3003 of Puspan. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.

For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Puspan. L. 117–6, § 2(c), Mar. 30, 2021, 135 Stat. 250, provided that: “From June 1, 2021, through June 30, 2021, the Administrator of the Small Business Administration shall not accept new lender applications for loans under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and shall only process such lender applications that have been submitted to the Administrator before June 1, 2021.”

Puspan. L. 116–260, div. N, title II, § 276(span), Dec. 27, 2020, 134 Stat. 1979, provided that: “For purposes of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.], in the case of any taxable year ending after the date of the enactment of this Act [Dec. 27, 2020]—

Puspan. L. 116–260, div. N, title III, § 309, Dec. 27, 2020, 134 Stat. 2000, provided that: “On and after the date of enactment of this Act [Dec. 27, 2020], any loan origination application for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended and added by this division, shall include a means by which the applicant for the loan may, at the discretion of the applicant, submit demographic information of the owner of the recipient of the loan, including the sex, race, ethnicity, and veteran status of the owner.”

Puspan. L. 116–260, div. N, title III, § 311(c), Dec. 27, 2020, 134 Stat. 2007, provided that:

Puspan. L. 116–260, div. N, title III, § 312, Dec. 27, 2020, 134 Stat. 2007, provided that:

Puspan. L. 116–260, div. N, title III, § 314, Dec. 27, 2020, 134 Stat. 2009, provided that:

Puspan. L. 116–260, div. N, title III, § 322, Dec. 27, 2020, 134 Stat. 2017, provided that:

Puspan. L. 116–260, div. N, title III, § 327(a), Dec. 27, 2020, 134 Stat. 2037, provided that:

Puspan. L. 116–260, div. N, title III, § 329(span), Dec. 27, 2020, 134 Stat. 2042, provided that: “During the period beginning on the date of enactment of this Act [Dec. 27, 2020] and ending on September 30, 2021, the [Small Business] Administration shall waive—

Puspan. L. 116–260, div. N, title III, § 329(c), Dec. 27, 2020, 134 Stat. 2042, provided that:

Puspan. L. 114–88, div. A, § 1002, Nov. 25, 2015, 129 Stat. 687, provided that: “Congress finds the following:

Puspan. L. 111–240, title I, § 1131(c), Sept. 27, 2010, 124 Stat. 2514, provided that: “Any amounts provided to the Administrator [of the Small Business Administration] for the purposes of carrying out section 7(l) of the Small Business Act [15 U.S.C. 636(l)], as amended by subsection (a), shall remain available until expended.”

Puspan. L. 110–234, title XII, § 12063(span), May 22, 2008, 122 Stat. 1408, and Puspan. L. 110–246, § 4(a), title XII, § 12063(span), June 18, 2008, 122 Stat. 1664, 2170, provided that: “Not later than 90 days after the date of enactment of this Act [June 18, 2008], the Administrator shall create a marketing and outreach plan that—

[Puspan. L. 110–234 and Puspan. L. 110–246 enacted identical provisions. Puspan. L. 110–234 was repealed by section 4(a) of Puspan. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]

[“Administration” and “Administrator”, referred to in Puspan. L. 110–246, § 12063(span), set out above, as meaning the Small Business Administration and the Administrator thereof, see section 636e of this title.]

Puspan. L. 110–186, § 3, Fespan. 14, 2008, 122 Stat. 623, provided that: “In this Act [see Short Title of 2008 Amendment note set out under section 631 of this title]—

Puspan. L. 110–186, title II, § 201(span), (c), Fespan. 14, 2008, 122 Stat. 627, 628, provided that:

Puspan. L. 110–186, title II, § 202, Fespan. 14, 2008, 122 Stat. 629, provided that:

Puspan. L. 108–217, §§ 4–8, Apr. 5, 2004, 118 Stat. 591–594, provided for the temporary extension and expansion of certain loan programs under 15 U.S.C. 636(a) beginning on Apr. 5, 2004, and ending on Sept. 30, 2004.

Puspan. L. 107–100, § 6(c), Dec. 21, 2001, 115 Stat. 971, provided for special budgetary treatment of certain loans and financings by the Small Business Administration under 15 U.S.C. 636(a) during the 2-year period beginning on Oct. 1, 2002.

Puspan. L. 106–50, title IV, § 402(c), Aug. 17, 1999, 113 Stat. 246, provided for enhanced publicity of the availability of assistance during Operation Allied Force and for 120 days thereafter.

Puspan. L. 106–24, § 1(c), Apr. 27, 1999, 113 Stat. 39, provided that, on Jan. 31, 2003, the Administrator of the Small Business Administration was to submit to the Committees on Small Business of the House of Representatives and the Senate a report on the effectiveness of the pilot program authorized by subsec. (span)(1)(C) of this section.

Puspan. L. 106–8, § 2, Apr. 2, 1999, 113 Stat. 13, provided that: “Congress finds that—

Puspan. L. 105–135, title II, § 202(span), Dec. 2, 1997, 111 Stat. 2600, provided that:

Puspan. L. 105–135, title V, § 507, Dec. 2, 1997, 111 Stat. 2625, provided that:

Section 509 of Puspan. L. 105–135 provided that: “The Administrator shall coordinate Federal assistance in order to provide counseling to small business concerns adversely affected by the North American Free Trade Agreement.”

Puspan. L. 104–208, div. D, title I, § 104(a), Sept. 30, 1996, 110 Stat. 3009–729, provided that:

Puspan. L. 103–75, Aug. 12, 1993, 107 Stat. 740, provided in part: “That notwithstanding any other provision of law, the $500,000 limitation on the amounts outstanding and committed to a borrower provided in paragraph 7(c)(6) [now 7(d)(6)] of the Small Business Act [15 U.S.C. 636(d)(6)] shall be increased to $1,500,000 for disasters commencing on or after April 1, 1993.”

Puspan. L. 102–366, title I, § 112, Sept. 4, 1992, 106 Stat. 989, provided that: “The Congress finds that—

Puspan. L. 102–366, title II, § 221, Sept. 4, 1992, 106 Stat. 999, provided that:

Puspan. L. 102–190, div. A, title VIII, § 813(a)–(e), Dec. 5, 1991, 105 Stat. 1424, authorized the Secretary of Defense to grant surety bond exemptions to certain participants in the Minority Small Business and Capital Ownership Development Program who were awarded construction contracts by the Department of Defense before Oct. 1, 1994.

Puspan. L. 102–190, div. A, title X, § 1087, Dec. 5, 1991, 105 Stat. 1483, authorized emergency direct loans to small business concerns located in counties in which at least 5 small business concerns suffered severe economic injury resulting from deployment, after July 31, 1990, of troops in connection with Persian Gulf conflict, provided that loan amounts could not exceed $50,000 to any small business concern, and provided for source of loan funds, applications for loans, definitions, regulations to implement loan program, and expiration of loan authority at end of 270-day period beginning on date on which loan applications were first accepted.

Puspan. L. 102–140, title VI, § 609(j), Oct. 28, 1991, 105 Stat. 831, as amended by Puspan. L. 103–403, title II, § 203, Oct. 22, 1994, 108 Stat. 4181, provided that: “The demonstration program established by subsection (h) [amending this section] shall terminate on October 1, 1997.”

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 Puspan. L. 101–509, set out in a note under section 5376 of Title 5.

Puspan. L. 101–189, div. A, title VIII, § 833, Nov. 29, 1989, 103 Stat. 1509, which directed Secretary of Defense and Small Business Administration to establish a program for fiscal years 1990 and 1991 to test use of authority provided by subsec. (j)(13)(D) of this section, and that under the test program, the Secretary of Defense was to make every reasonable effort during each such fiscal year to award not less than 30 contracts for construction projects (including repair and alteration of existing facilities) to participants in Minority Small Business and Capital Ownership Development Program of Small Business Administration granted surety bond exemptions under such authority, was repealed by Puspan. L. 102–190, div. A, title VIII, § 813(f), Dec. 5, 1991, 105 Stat. 1424.

Puspan. L. 100–656, § 2, Nov. 15, 1988, 102 Stat. 3854, as amended by Puspan. L. 101–37, § 3, June 15, 1989, 103 Stat. 70, provided that: “For the purposes of this Act [see Short Title of 1988 Amendment note set out under section 631 of this title]—

Puspan. L. 100–656, title I, § 101, Nov. 15, 1988, 102 Stat. 3855, provided that:

Puspan. L. 100–656, title IV, § 410, Nov. 15, 1988, 102 Stat. 3879, as amended by Puspan. L. 101–37, § 18, June 15, 1989, 103 Stat. 74, provided that:

Puspan. L. 100–656, title V, § 504, Nov. 15, 1988, 102 Stat. 3882, directed Comptroller General of the United States to conduct a review of operation of Minority Small Business and Capital Ownership Development Program authorized by subsec. (j)(10) of this section and contract assistance provided pursuant to section 637(a)(15) of this title commencing within 180 days of Nov. 15, 1988, and concluding Sept. 30, 1991, such review to report on implementation of provisions of Puspan. L. 100–656 by Small Business Administration and various executive departments and agencies providing contracting opportunities to the Program, and directed Comptroller General to prepare a report summarizing findings of review, make such recommendations as may be appropriate, and transmit report to Committees on Small Business of the Senate and House of Representatives by Fespan. 1, 1992.

Puspan. L. 100–656, title V, § 505(a)–(g), Nov. 15, 1988, 102 Stat. 3883, as amended by Puspan. L. 101–37, § 20, June 15, 1989, 103 Stat. 74; Puspan. L. 101–574, title II, § 211, Nov. 15, 1990, 104 Stat. 2821; Puspan. L. 102–366, title II, § 231(a), Sept. 4, 1992, 106 Stat. 1001; Puspan. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729, established the Commission on Minority Business Development, set out its duties, powers, membership, administration, and personnel, and provided that it cease to exist within 90 days after the date that it transmitted its final report to Congress and to the President or Sept. 30, 1992, whichever was later.

Puspan. L. 100–656, title VIII, § 802(f), Nov. 15, 1988, 102 Stat. 3899, provided that:

Puspan. L. 100–590, title I, § 102(span), Nov. 3, 1988, 102 Stat. 2992, provided that: “The Administration shall take appropriate steps to expand participation in the certified loan program and shall report to the Small Business Committees of the Senate and the House of Representatives on the amount of loans approved and the amount of losses sustained under the provisions of section 7(a)(19) of the Small Business Act [15 U.S.C. 636(a)(19)]. An interim report shall be submitted not later than one year after date of enactment of this Act [Nov. 3, 1988] and a final report shall be submitted not later than 18 months after the date of enactment.”

Similar provisions were contained in Puspan. L. 100–533, title III, § 302(span), Oct. 25, 1988, 102 Stat. 2693.

Puspan. L. 99–272, title XVIII, § 18006(span), Apr. 7, 1986, 100 Stat. 366, as amended by Puspan. L. 99–349, title I, July 2, 1986, 100 Stat. 718, provided that: “Notwithstanding the amendments made by this section [amending sections 636 and 647 of this title], sections 18002 [amending provisions set out as a note under section 631 of this title] and 18016 [amending section 632 of this title], or any other provision of law, the Small Business Administration shall continue to accept, process, and approve loan applications under paragraphs (1) through (4) of subsection [section] 7(span) of the Small Business Act [15 U.S.C. 636(span)(1) to (4)] and shall obligate and disburse loan funds on account of disasters which occurred prior to October 1, 1985, and with respect to which a disaster declaration application was submitted prior to October 1, 1985, even if any such application is filed after the date of the enactment of this Act [Apr. 7, 1986].”

Puspan. L. 98–166, title I, § 101, Nov. 28, 1983, 97 Stat. 1079, provided that for disasters commencing between Jan. 1, 1983, through Sept. 30, 1983, determination of a natural disaster by the Secretary of Agriculture pursuant to 7 U.S.C. 1961 would be deemed a disaster declaration by the Administrator of the Small Business Administration for purposes of determining eligibility for assistance under 15 U.S.C. 636(span)(1) for agricultural enterprises as defined in 15 U.S.C. 647(span).

Puspan. L. 97–35, title XIX, § 1907 Aug. 13, 1981, 95 Stat. 777, required the Small Business Administration to submit to Congress, not later than Fespan. 28, 1984, and 1985, reports containing specific information on the aggregate number, dollar value, and default rate of all loans with respect to 15 U.S.C. 636(a)(5), (6)(C), (8)(A).

Puspan. L. 96–481, title I, § 106(span), Oct. 21, 1980, 94 Stat. 2322, provided that: “Notwithstanding the provisions of subsection (a) of this section [amending subsec. (j)(10)(A)(i) of this section], for concerns eligible to receive contracts pursuant to section 8(a) of the Small Business Act [section 637(a) of this title] on the effective date of the amendment made by this section [Oct. 21, 1980], each such concern shall submit to the Small Business Administration within two months after the promulgation of final regulations issued within one hundred and twenty days after the enactment of this Act [Oct. 21, 1981] the business plan required under section 7(j)(10)(A)(i) of the Small Business Act, as amended by subsection (a) of this section [subsec. (j)(10)(A)(i) of this section]: Provided however, That the period of time required under section 7(j)(10)(A)(i) of the Small Business Act, as amended by subsection (a) of this section, shall be fixed as mutually agreed upon by the program participant and the Small Business Administration prior to the awarding or extending of contracts to such concern pursuant to section 8(a) of the Small Business Act after June 1, 1981, but the period shall be fixed in no case later than eighteen months after the effective date of this Act: Provided further, That no determination made under this paragraph shall be considered a denial of total participation for the purposes of section 8(a)(9) of the Small Business Act.”

Puspan. L. 96–302, title V, §§ 502, 503, July 2, 1980, 94 Stat. 850, 851, provided that:

Puspan. L. 94–305, title I, § 101, June 4, 1976, 90 Stat. 663, required the President to comprehensively review all Federal disaster loan authorities and to report to Congress by Dec. 1, 1976, with recommendations and legislative proposals for the most effective and efficient delivery of disaster relief, including possible consolidation of authorities.

Puspan. L. 97–35, title XIX, § 1916, Aug. 13, 1981, 95 Stat. 780, provided for special provisions for applications for disaster loans under 15 U.S.C. 1636(span)(1), (2), or (4) received on or before Mar. 19, 1981, with assistance to hardship applicants.

Puspan. L. 93–24, § 9, Apr. 20, 1973, 87 Stat. 25, provided that: “Notwithstanding the provisions of any other law, any loan made by the Small Business Administration in connection with any disaster occurring on or after the date of enactment of this Act [Apr. 20, 1973] under sections 7(span)(1), (2), or (4) of the Small Business Act (15 U.S.C. 636(span)(1), (2), or (4)) [subsec. (span)(1), (2), or (4) of this section] shall bear interest at the rate determined under section 324 of the Consolidated Farm and Rural Development Act, as amended by section 4 of this Act [section 1964 of Title 7, Agriculture]. No portion of any such loan shall be subject to cancellation under the provisions of any law.”

Puspan. L. 93–237, § 2(d), Jan. 2, 1974, 87 Stat. 1024, provided that: “In no case shall the interest rate charged for loans to meet regulatory standards be lower than loans made in connection with physical disasters.”

Puspan. L. 92–385, § 1(c), Aug. 16, 1972, 86 Stat. 555, provided that: “Any person who (1) suffers any loss or damage as a result of a major disaster as determined by the President which occurred prior to the date of enactment of this Act [August 16, 1972], (2) is eligible for assistance under the amendment made by subsection (a), and (3) is otherwise eligible for benefits greater than those provided by the amendment made by subsection (a), may elect to receive such greater benefits.”

Puspan. L. 85–699, title VI, § 602(a), (span), Aug. 21, 1958, 72 Stat. 698, provided that:

Puspan. L. 91–173, title V, § 504(d), Dec. 30, 1969, 83 Stat. 802, authorized loans under 15 U.S.C. 636(span)(5) for modifications of mining facilities and equipment pursuant to former section 202 of the Public Works and Economic Development Act of 1965 (former 42 U.S.C. 3142), which was repealed by Puspan. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3602.

Ex. Ord. No. 12190, Fespan. 1, 1980, 45 F.R. 7773, established the Advisory Committee on Small and Minority Business Ownership to assist in monitoring and encouraging the placement of subcontracts by the private sector with eligible small businesses, to study and propose incentives and assistance needed by the private sector to help in the training, development, and upgrading of such businesses, to make periodic reports and recommendations to the President, and to report annually to the President and to the Congress on the activities of the Committee and provided for termination of the Committee on Dec. 31, 1980.

Term of Advisory Committee on Small and Minority Business Ownership extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees, which extension was revoked by the amendment of Ex. Ord. No. 12692 made by Ex. Ord. No. 12704, Fespan. 26, 1990, 55 F.R. 6969.

Previous extensions of term of Advisory Committee on Small and Minority Business Ownership were contained in the following prior Executive Orders:

Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989.

Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.

Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, extended term until Sept. 30, 1985.

Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Sept. 30, 1984.

Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, extended term until Dec. 31, 1982.