Creation; principal, branch, and regional offices
In order to carry out the policies of this chapter there is created an agency under the name “Small Business Administration” (herein referred to as the Administration), which Administration shall be under the general direction and supervision of the President and shall not be affiliated with or be within any other agency or department of the Federal Government. The principal office of the Administration shall be located in the District of Columbia. The Administration may establish such branch and regional offices in other places in the United States as may be determined by the Administrator of the Administration. As used in this chapter, the term “United States” includes the several States, the Territories and possessions of the United States, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia.
Appointment of Administrator, Deputy Administrator, and Associate Administrators; duties of Administrator: preparation of data base and publication of economic indices and annual report; risk management database; computer security and education program
Risk management database.—
Establishment .—
Information to be maintained .—
Deadline for operational capability .—
Revolving funds; disaster loan fund; business loan and investment fund; payments into funds; appropriations; reports to Congress; business-type budgets; borrowing authority: terms and conditions of notes, interest rate, public debt transactions; payments into miscellaneous receipts; authorization of appropriations for losses and interest subsidies
Creation and composition of Loan Policy Board; establishment of policies
There is created the Loan Policy Board of the Small Business Administration, which shall consist of the following members, all ex officio: The Administrator, as Chairman, the Secretary of the Treasury, and the Secretary of Commerce. Either of the said Secretaries may designate an officer of his Department, who has been appointed by the President by and with the advice and consent of the Senate, to act in his stead as a member of the Loan Policy Board with respect to any matter or matters. The Loan Policy Board shall establish general policies (particularly with reference to the public interest involved in the granting and denial of applications for financial assistance by the Administration and with reference to the coordination of the functions of the Administration with other activities and policies of the Government), which shall govern the granting and denial of applications for financial assistance by the Administration.
Prohibition on provision of assistance
Notwithstanding any other provision of law, the Administration is prohibited from providing any financial or other assistance to any business concern or other person engaged in the production or distribution of any product or service that has been determined to be obscene by a court of competent jurisdiction.
Certification of compliance with child support obligations
In general
Enforcement
Not later than 6 months after , the Administration shall promulgate such regulations as may be necessary to enforce compliance with the requirements of this subsection.
Business Opportunity Specialists
Duties
Certification requirements
In general
section 636(j)(10)(D) of this titleConsistent with the requirements of subparagraph (B), a Business Opportunity Specialist described under shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification.
Delay of certification requirement
Job posting requirements
The duties and certification requirements described in this subsection shall be included in any initial job posting for the position of a Business Opportunity Specialist.
Commercial market representatives
Duties
Certification requirements
In general
section 644(q)(3) of this titleConsistent with the requirements of subparagraph (B), a commercial market representative referred to in shall have a Level I Federal Acquisition Certification in Contracting (or any successor certification) or the equivalent Department of Defense certification.
Delay of certification requirement
Job posting requirements
The duties and certification requirements described in this subsection shall be included in any initial job posting for the position of a commercial market representative.
Pub. L. 85–536, § 2[4]72 Stat. 384Pub. L. 85–699, title II, § 20272 Stat. 690Pub. L. 87–341, § 11(h)(1)75 Stat. 757Pub. L. 86–367, § 173 Stat. 647Pub. L. 87–70, title III, § 305(c)75 Stat. 167Pub. L. 87–19875 Stat. 468Pub. L. 87–305, § 375 Stat. 666Pub. L. 87–34175 Stat. 757Pub. L. 87–550, § 1(a)76 Stat. 220Pub. L. 89–5979 Stat. 207Pub. L. 89–7879 Stat. 243Pub. L. 89–117, title III, § 316(d)79 Stat. 484Pub. L. 89–33479 Stat. 1294Pub. L. 89–40980 Stat. 132Pub. L. 89–779, § 8(a)80 Stat. 1364Pub. L. 90–104, title I, § 10281 Stat. 268Pub. L. 90–448, title XVII, § 172182 Stat. 610Pub. L. 91–173, title V, § 504(c)83 Stat. 802Pub. L. 91–558, title I, § 10184 Stat. 1468Pub. L. 91–596, § 28(c)84 Stat. 1618Pub. L. 91–597, § 25(c)84 Stat. 1634Pub. L. 92–1685 Stat. 39Pub. L. 92–320, § 186 Stat. 382Pub. L. 92–385, § 2(b)86 Stat. 556Pub. L. 92–500, § 8(b)86 Stat. 899Pub. L. 92–595, § 3(a)86 Stat. 1316Pub. L. 93–23787 Stat. 1023–1025Pub. L. 93–38688 Stat. 742Pub. L. 94–273, § 2(5)90 Stat. 375Pub. L. 95–1491 Stat. 25Pub. L. 95–89, title I, § 101(a)91 Stat. 553Pub. L. 95–315, § 492 Stat. 379Pub. L. 95–507, title II, § 20692 Stat. 1766Pub. L. 96–302, title I, § 12194 Stat. 842Pub. L. 96–481, title I, § 10394 Stat. 2321Pub. L. 97–35, title XIX95 Stat. 778Pub. L. 98–270, title III, § 30698 Stat. 161Pub. L. 98–352, § 598 Stat. 331Pub. L. 98–36298 Stat. 431Pub. L. 100–590, title I, § 111(a)102 Stat. 2995Pub. L. 100–656, title IV, § 401(a)102 Stat. 3873Pub. L. 101–37, § 11(a)103 Stat. 73Pub. L. 101–515, title V, § 1(a)104 Stat. 2140Pub. L. 101–574, title II, § 221(a)104 Stat. 2823Pub. L. 102–140, title VI, § 609(k)105 Stat. 831Pub. L. 103–403, title VI108 Stat. 4201Pub. L. 104–208, div. D, title I, § 102110 Stat. 3009–725Pub. L. 106–50, title II, § 201(a)113 Stat. 235Pub. L. 108–447, div. K, title I, § 132(a)118 Stat. 3452Pub. L. 110–234, title XII, § 12068(b)(1)122 Stat. 1410Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 111–240, title I124 Stat. 2521Pub. L. 114–92, div. A, title VIII129 Stat. 927Pub. L. 115–91, div. A, title XVII131 Stat. 1806(, , ; , formerly § 202(a), , , renumbered , , ; amended , , ; , , ; , , ; , , ; , §§ 11(h)(3), (4), 12, , ; , , ; , §§ 1(c), 2, , ; , , ; , , ; , , ; , §§ 1, 2, , ; , (b), , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 1, 3(b), 8, , ; , §§ 2(a)(2), (3), 7, , , 748; , , ; , §§ 1–3, , ; –(c), title II, §§ 201, 202, title III, § 304, title IV, § 401, , , 557, 559; , , ; , , ; , title IV, § 401, , , 849; , , ; , §§ 1908, 1913(b), 1915, , , 780; , , ; , , ; , §§ 3, 4, , , 433; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 601, 611, 612, , , 4204; , , ; , , ; , (c), , , 3453; , , ; , title XII, § 12068(b)(1), , , 2172; , §§ 1202(b)(2), 1203(b), , ; , §§ 865(a)(1), (b), 869(a)(2), , , 928, 938; , §§ 1704, 1705, , , 1807.)
Editorial Notes
References in Text
Pub. L. 89–409, § 2The effective date of this paragraph, referred to in subsec. (c)(3), is , pursuant to .
Pub. L. 85–69972 Stat. 689section 661 of this titleThe Small Business Investment Act of 1958, referred to in subsecs. (b)(3)(A) and (c)(1), (2), (5)(C), is , , . Titles III, IV, and V of the Act are classified generally to subchapters III (§ 681 et seq.), IV (§ 692 et seq.), and V (§ 695 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
lPub. L. 104–208, div. D, title I, § 107(d)110 Stat. 3009–732Pub. L. 111–240, title I, § 1131(a)124 Stat. 2512llSection 636() of this title, referred to in subsec. (c)(2)(B), was amended generally to read “[RESERVED].” by , , . Subsequently, , , , struck out that subsec. () and added a new subsec. ().
Section 662 of title 42Pub. L. 104–193, title III, § 362(b)(1)110 Stat. 2246, referred to in subsec. (f)(1), was repealed by , , .
Codification
31 U.S.C. 847–849Pub. L. 97–258, § 4(b)96 Stat. 1067In subsec. (c)(4), (5)(A), “(sections 9103 and 9104 of title 31)” substituted for “(sections 102, 103, and 104 of the Government Corporation Control Act ())”, and “chapter 31 of title 31” and “such chapter” substituted for “the Second Liberty Bond Act, as amended” and “such Act, as amended,”, respectively, on authority of , , , the first section of which enacted Title 31, Money and Finance.
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .
Prior Provisions
act July 30, 1953, ch. 282, title II67 Stat. 233Aug. 9, 1955, ch. 628, § 369 Stat. 547Feb. 2, 1956, ch. 29, § 170 Stat. 10July 31, 1956, ch. 80470 Stat. 737Pub. L. 85–471 Stat. 4Pub. L. 85–120, § 171 Stat. 341section 631 of this titlePrior similar provisions were contained in section 204 of , , as amended by acts , ; , ; , title I, §§ 106(a), 107(b), ; , , ; , , , which was previously classified to this section. See Codification note set out under .
Amendments
Pub. L. 115–91, § 17042017—Subsec. (g). , amended subsec. (g) generally. Prior to amendment, subsec. (g) related to certification requirements for Business Opportunity Specialists.
Pub. L. 115–91, § 1705Subsec. (h). , amended subsec. (h) generally. Prior to amendment, subsec. (h) related to certification requirements for commercial market representatives.
Pub. L. 114–92, § 869(a)(2)section 634(i) of this title2015—Subsec. (b)(1). , inserted at end “One such Associate Administrator shall be the Chief Hearing Officer, who shall administer the Office of Hearings and Appeals established under .”
Pub. L. 114–92, § 865(a)(1)Subsec. (g). , added subsec. (g).
Pub. L. 114–92, § 865(b)Subsec. (h). , added subsec. (h).
Pub. L. 111–240, § 1203(b)section 649 of this title2010—Subsec. (b)(1). , substituted “Associate Administrators” for “five Associate Administrators” in fifth sentence and inserted at end “One such Associate Administrator shall be the Associate Administrator for International Trade, who shall be the head of the Office of International Trade established under .”
Pub. L. 111–240, § 1202(b)(2)Subsec. (b)(3)(B)(x). , substituted “district and region of the Administration” for “Administration district and region”.
Pub. L. 110–246, § 12068(b)(1)2008—Subsec. (c)(1), (2). , in pars. (1) and (2) substituted “636(d)(2)” for “636(c)(2)” and in par. (2) struck out “636(e),” after “636(a),”.
Pub. L. 108–447, § 132(a)2004—Subsecs. (g), (h). , (c), temporarily added subsecs. (g) and (h), which related to gifts and co-sponsorship of events, respectively. See Termination Date of 2004 Amendment note below.
Pub. L. 106–50section 657b of this title1999—Subsec. (b)(1). substituted “five Associate Administrators” for “four Associate Administrators” in fifth sentence and inserted after fifth sentence “One such Associate Administrator shall be the Associate Administrator for Veterans Business Development, who shall administer the Office of Veterans Business Development established under .”
Pub. L. 104–2081996—Subsec. (b)(3). added par. (3).
Pub. L. 103–403, § 6011994—Subsec. (c)(5)(B)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “The Administration shall pay into miscellaneous receipts of the Treasury, following the close of each fiscal year, interest on the average of loan disbursements outstanding throughout the year providing such disbursements are made from amounts appropriated for the disaster loan fund after or are made from repayments of principal of loans made from funds appropriated to the disaster loan fund, or from amounts appropriated to the business loan and investment fund on or after or are made from repayments of principal of loans made from funds appropriated to the business loan and investment fund and received on or after . This interest shall be calculated solely on the amount of loan disbursements net of losses at the rate provided under paragraph (5)(A).”
Pub. L. 103–403, § 611Subsec. (e). , added subsec. (e).
Pub. L. 103–403, § 612Subsec. (f). , added subsec. (f).
Pub. L. 102–1401991—Subsec. (c)(1)(A), (2)(B). inserted reference to section 636(m).
Pub. L. 101–515Pub. L. 101–5741990—Subsec. (b)(1). and amended par. (1) identically, substituting “The President also may appoint a Deputy Administrator, by and with the advice and consent of the Senate. The Administrator is authorized to appoint” for “The Administrator is authorized to appoint a Deputy Administrator and”.
Pub. L. 101–37Pub. L. 100–656, § 401(a)1989—Subsec. (b)(1). made technical correction to directory language of , see 1988 Amendment note below.
Pub. L. 100–656, § 401(a)Pub. L. 101–371988—Subsec. (b)(1). , as amended by , inserted “who shall be an employee in the competitive service or in the Senior Executive Service and a career appointee” after “Capital Ownership Development”.
Pub. L. 100–590, § 111(a)Subsec. (c)(1)(B), (2)(B). , substituted “III, IV” for “III”.
Pub. L. 98–3621984—Subsec. (b)(3). , §§ 3, 7(b), added par. (3) and provided for future repeal of par. (3). See Effective and Termination Dates of 1984 Amendment note below.
Pub. L. 98–362, § 4Subsec. (b)(4). , added par. (4).
Pub. L. 98–270Subsec. (c)(1)(A). inserted reference to section 636(b)(4).
Pub. L. 98–352Subsec. (c)(1)(B), (2)(B). inserted reference to section 634(g).
Pub. L. 97–35, § 1913(b)1981—Subsec. (c)(1)(A). , substituted “636(c)(2) of this title” for “636(b)(4), 636(b)(5), 636(b)(6), 636(b)(7), 636(b)(8), 636(c)(2), and 636(g) of this title”.
Pub. L. 97–35, § 1908lSubsec. (c)(1)(B). , struck out reference to sections 636(e), 636(h), 636(i), and 636().
Pub. L. 97–35, § 1915Subsec. (c)(5)(B)(ii). , substituted “for the disaster loan fund after or are made from repayments of principal of loans made from funds appropriated to the disaster loan fund, or from amounts appropriated to the business loan and investment fund on or after or are made from repayments of principal of loans made from funds appropriated to the business loan and investment fund and received on or after ” for “after or are made from repayments of principal of loans made from appropriated funds”.
Pub. L. 96–302, § 4011980—Subsec. (b). , designated existing provisions as par. (1) and added par. (2).
Pub. L. 96–481Subsec. (b)(1). , which provided for “striking all after the phrase ‘Capital Ownership Development’ through the period” and inserting new text in lieu thereof was executed by striking all after “Capital Ownership Development” through period at end of sentence and not at end of paragraph which resulted in substituting provisions that the Associate Administrator for Minority Small Business and Capital Ownership Development shall be responsible to the Administrator for the formulation and execution of the policies and programs under sections 636(j) and 637(a) of this title for provisions, that such Administrator shall be responsible for the formulation of policy relating to the Administration’s programs which provide assistance to minority small business concerns and in the review of the Administration’s execution of such programs in light of such policy.
Pub. L. 96–302, § 121Subsec. (c)(5). , inserted provisions other than subpar. (B)(ii) and incorporated partly in subpar. (A) and in subpar. (B)(ii) prior par. (5) provisions requiring Administration payment of interest on outstanding cash disbursements at close of each fiscal year into the miscellaneous receipts of the Treasury from par. (1) funds at rates that consider current average yields on outstanding interest-bearing marketable Federal debt obligations of comparable maturities as calculated for the September preceding the fiscal year.
Pub. L. 95–5071978—Subsec. (b). substituted “Associate Administrator for Minority Small Business and Capital Ownership Development” for “Associate Administrator for Minority Small Business”.
Pub. L. 95–315lSubsec. (c)(1)(B), (2)(B). inserted reference to section 636().
Pub. L. 95–891977—Subsec. (c)(1). , §§ 101(a), 304, 401(1), struck out end text from cls. (A) and (B) reading “, including administrative expenses in connection with such functions”; inserted in cl. (A) reference to section 634(e); and inserted in cl. (A) and struck out from cl. (B) reference to section 636(b)(3).
Pub. L. 95–89Subsec. (c)(2). , §§ 201, 304, 401(2), inserted in cl. (A) reference to section 636(g); inserted in cl. (A) reference to section 634(e); and inserted in cl. (A) and struck out from cl. (B) reference to section 636(b)(3).
Pub. L. 95–89, § 101(b)Subsec. (c)(3). , struck out last sentence authorization of appropriations of capital for the funds in amounts necessary to carry out the functions of the Administration to remain available until expended.
Pub. L. 95–89section 636(i) of this titleSubsec. (c)(4). , §§ 101(c), 202, repealed provisions of par. (4) which limited the total amount of loans, guarantees, and other obligations, to be outstanding at any one time: under sections 636(a), (b)(3), (e), (h), (i) and 637(a) of this title to $7,400,000,000; under title III of the Small Business Investment Act of 1958 to $887,500,000; under title V of the Small Business Investment Act of 1958 to $525,000,000; and under to $525,000,000; redesignated par. (5) as (4) and substituted reference to submission of reports to the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives for the prior reference the Committees on Banking and Currency of the Senate and House of Representatives; substituted reference to transmission of business-type budgets to the Committees on Appropriations, the Senate Select Committee on Small Business, and the Committee on Small Business of the House of Representatives for prior reference to such transmission to the Congress; and deleted the second sentence providing that if at the close of the preceding calendar quarter the aggregate amount outstanding or committed by the Administration in carrying out its functions under the sections or titles referred to in former par. (4) exceeded 75 per centum of the total amount authorized to be outstanding under such sections or titles, the Administration’s report shall include its recommendations for such additional authority as it deems appropriate.
Pub. L. 95–14 substituted “$7,400,000,000” for “$6,000,000,000”, “$525,000,000” for “$450,000,000”, and “$887,500,000” for “$725,000,000”.
Pub. L. 95–89, § 202Subsec. (c)(5), (6). , redesignated pars. (5) and (6) as (4) and (5), respectively.
Pub. L. 94–2731976—Subsec. (c)(6). substituted “September” for “June”.
Pub. L. 93–386, § 7section 7 of Pub. L. 93–3861974—Subsec. (b). , in fourth sentence increased from three to four the number of Associate Administrators authorized to be appointed and inserted fifth sentence authorizing one of the Associate Administrators at the time of appointment to be designated as Associate Administrator for Minority Small Business. As enacted amended the third sentence and inserted a fourth sentence to subsec. (b), however the amendment was executed to fourth sentence and the new sentence was inserted as a fifth sentence editorially since this would appear to be the probable intent of Congress.
Pub. L. 93–237, § 8, inserted provisions that the Administrator shall not discriminate on the basis of sex or marital status against any person or small business concern applying for or receiving assistance from the Administration and that the Administration shall give special consideration to veterans of the Armed Forces of the United States and their survivors or dependents in carrying out the programs administered by the Administration.
Pub. L. 93–386, § 2(a)(2)Subsec. (c)(1). , inserted references to sections 636(b)(8) and 636(i) and struck out reference to title IV of the Economic Opportunity Act of 1964.
Pub. L. 93–237, § 3(b), substituted “636(h)” for “636(g)” in cl. (B).
Pub. L. 93–386, § 2(a)(2)Subsec. (c)(2). , inserted references to sections 636(b)(8) and 636(i) of this title and struck out reference to title IV of the Economic Opportunity Act of 1964.
Pub. L. 93–237, § 3(b), substituted “636(h)” for “636(g)” in cl. (B).
Pub. L. 93–386, § 2(a)(3)section 636(i) of this titleSubsec. (c)(4). , in cl. (A) substituted “636(i), and 637(a) of this title, shall not exceed $6,000,000,000” for “and 637(a) of this title, and title IV of the Economic Opportunity Act of 1964, shall not exceed $4,875,000,000”, in cl. (B) substituted “$725,000,000” for “$556,250,000”, and in cl. (D) substituted “, shall not exceed $450,000,000” for “title IV of the Economic Opportunity Act of 1964 shall not exceed $381,250,000”.
Pub. L. 93–237, §§ 1, 3(b), substituted “$4,875,000,000” for “$4,300,000,000” and “636(h)” for “636(g)” in cl. (A), “$556,250,000” for “$500,000,000” in cl. (B), “$525,000,000” for “$500,000,000” in cl. (C) and “$381,250,000” for “$350,000,000” in cl. (D).
Pub. L. 92–5951972—Subsec. (c)(1). inserted reference to section 636(g).
Pub. L. 92–500section 636(g) of this title made disaster loan fund available for financing functions performed under .
Pub. L. 92–385, § 2(b)(1), inserted reference to section 636(b)(7).
Pub. L. 92–595Subsec. (c)(2). inserted reference to section 636(g).
Pub. L. 92–385, § 2(b)(2), inserted reference to sections 636(b)(5), 636(b)(6), 636(b)(7).
Pub. L. 92–595Subsec. (c)(4). inserted reference to section 636(g).
Pub. L. 92–320 substituted “$4,300,000,000”, “$500,000,000”, and “$350,000,000” for “$3,100,000,000”, “$450,000,000” and “$300,000,000”, respectively.
Pub. L. 92–161971—Subsec. (c)(4)(A). substituted “$3,100,000,000” for “$2,200,000,000”.
Pub. L. 91–597section 636(b)(5) of this title1970—Subsec. (c)(1). made disaster loan fund available for financing requirements imposed by relating to additions and alterations pursuant to the Egg Products Inspection Act, etc. See, also, 1969 Amendment note hereunder.
Pub. L. 91–596section 636(b)(6) of this title made disaster loan fund available for financing functions under .
Pub. L. 91–558Subsec. (c)(4). substituted “$2,200,000,000” for “$1,900,000,000” in cl. (A), “$500,000,000” for “$300,000,000” in cl. (C), and “$300,000,000” for “$200,000,000” in cl. (D).
Pub. L. 91–173section 636(b)(5) of this title1969—Subsec. (c)(1). made disaster loan fund available for financing functions under , relating to loans to coal mine operators.
Pub. L. 90–4481968—Subsec. (a). inserted “the Trust Territory of the Pacific Islands,”.
Pub. L. 90–104, § 102(1)1967—Subsec. (c)(4). –(4), substituted $1,900,000,000 for $1,400,000,000 in cl. (A), $450,000,000 for $400,000,000 in cl. (B), $300,000,000 for $200,000,000 in cl. (C), and $200,000,000 for $100,000,000 in cl. (D).
Pub. L. 89–779section 671 of this title1966—Subsec. (b). substituted “a Deputy Administrator and three Associate Administrators (including the Associate Administrator specified in )” for “three Deputy Administrators” as the officers to be appointed by the Administrator to assist in the execution of the functions vested in the Administration, and inserted provision that the Deputy Administrator shall be acting Administrator of the Administration during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator.
Pub. L. 89–409, § 1Subsec. (c). , increased by $125 million the appropriation authorization for the single SBA fund from $1,841 million to $1,966 million and the authorization for outstanding loans and commitments for regular business loans, disaster loans, and prime contract authority from $1,375 million to $1,500 million.
Pub. L. 89–409, § 2, provided for a disaster loan fund and business loan and investment fund in place of one prior SBA fund, incorporated existing provisions in par. (2), provided for allocation of unexpended balances of appropriations for prior single fund and for an appropriation authorization in par. (3), removed disaster loans from any limitation, provided limitations in par. (4) of $1,400 million for regular business loans, displaced business disaster loans, trade adjustment loans, prime contract authority, and loans under title IV of the Economic Opportunity Act of 1964, $400 million for small business investment companies, $200 million for loans to State and local development companies, $100 million for loans under title IV of the Economic Opportunity Act of 1964, incorporated existing reporting provisions in par. (4), including additional requirement of inclusion of recommendations whenever 75 percent of any ceiling in outstanding obligations is exceeded, required establishment of business-type loans, and incorporated existing provisions in par. (6).
Pub. L. 89–3341965—Subsec. (c). substituted “$1,841,000,000” for “$1,721,000,000”.
Pub. L. 89–117 substituted “$1,721,000,000” for “$1,716,000,000” and inserted proviso that the limitation imposed by fifth sentence concerning the maximum aggregate permitted to be outstanding from the fund for functions under the Small Business Investment Act of 1958 be inapplicable to functions under title IV thereof.
Pub. L. 89–78 increased from $341,000,000 to $461,000,000 the limit on the aggregate permissible amount outstanding from the fund at any time for the exercise of the functions of the Administration under the Small Business Investment Act of 1958.
Pub. L. 89–59 inserted references to section 636(c)(2) in first sentence and in fourth sentence, where first appearing and in cl. (2) thereof, and increased the authorized appropriations to the revolving fund from $1,666,000,000 to $1,716,000,000 and the aggregate amount outstanding at any one time for regular business loans, disaster loans, and prime contract authority from $1,325,000,000 to $1,375,000,000.
Pub. L. 87–550section 636(b) of this title1962—Subsec. (c). increased the authorized appropriations to the revolving fund from $1,200,000,000 to $1,666,000,000, and the aggregate amount outstanding for purposes of sections 636(a), 636(b), and 637(a) of this title from $875,000,000 to $1,325,000,000, and for functions under the Small Business Investment Act of 1958 from $325,000,000 to $341,000,000 directed that appropriations to the revolving fund shall remain available until expended, required all repayments of loans and debentures, payments of interest, and other receipts arising out of transactions financed from the fund to be paid into the fund, and a report to Congressional committees whenever the aggregate amount outstanding for the purposes of sections 636(a) and 637(a) of this title exceeds $1,222,000,000, or for the purpose of exceeds $103,000,000, changed the method of computing interest paid into miscellaneous receipts by substituting provisions requiring payment, following the close of each fiscal year, of interest on the outstanding cash disbursements from the fund, at rates determined by the Secretary of the Treasury, taking into consideration the current average yields on outstanding interest-bearing marketable public debt obligations of the United States of comparable maturities as calculated for the month of June preceding such fiscal year, for provisions which required payment of interest, at the close of each fiscal year, on the net amount of cash disbursements from advances at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on outstanding interest-bearing marketable public debt obligations of the United States of comparable maturities, and eliminated provisions which authorized advances from the revolving fund when requested by the Administration.
Pub. L. 87–3411961—Subsec. (c). , among other changes, substituted “$1,200,000,000” for “$1,125,000,000” wherever appearing, and “$325,000,000” for “$250,000,000”.
Pub. L. 87–305 substituted “$1,125,000,000” for “$1,020,000,000” wherever appearing, and “$725,000,000” for “$595,000,000”.
Pub. L. 87–198 substituted “$1,020,000,000” for “$1,000,000,000” wherever appearing, and “$595,000,000” for “$575,000,000”.
Pub. L. 87–70 substituted “$1,000,000,000” for “$975,000,000” wherever appearing, and “$150,000,000” for “$125,000,000”.
Pub. L. 86–3671959—Subsec. (c). substituted “$975,000,000” for “$900,000,000” wherever appearing, and “$575,000,000” for “$500,000,000”.
Pub. L. 85–6991958—Subsec. (c). substituted “$900,000,000” for “$650,000,000” wherever appearing, and inserted provisions authorizing the revolving fund to be used in the exercise of the functions of the Administration under the Small Business Investment Act of 1958, and providing that not more than an aggregate of $250,000,000 shall be outstanding at any one time for the exercise of the functions under the Small Business Investment Act of 1958.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Small Business of Senate changed to Committee on Small Business and Entrepreneurship of Senate. See Senate Resolution No. 123, One Hundred Seventh Congress, . Previously, Select Committee on Small Business of Senate became Committee on Small Business of Senate. See Senate Resolution No. 101, Ninety-Seventh Congress, .
Effective Date of 2008 Amendment
Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.
Termination Date of 2004 Amendment
Pub. L. 108–447, div. K, title I, § 132(c)118 Stat. 3453
Effective Date of 1996 Amendment
Pub. L. 104–208, div. D, § 3110 Stat. 3009–725
Effective Date of 1990 Amendments
Pub. L. 101–574, title II, § 221(b)104 Stat. 2823
Pub. L. 101–515, § 1(b)104 Stat. 2140
Effective Date of 1989 Amendment
Pub. L. 101–37Pub. L. 100–656section 32 of Pub. L. 101–37section 631 of this titleAmendment by applicable as if included in , see , set out as a note under .
Effective Date of 1988 Amendment
Pub. L. 100–656section 803(b)(1)(C) of Pub. L. 100–656section 631 of this titleAmendment by effective , see , as amended, set out as a note under .
Effective and Termination Dates of 1984 Amendments
Pub. L. 98–362, § 798 Stat. 434Pub. L. 100–590, title I, § 131(a)102 Stat. 3004Pub. L. 101–515, title V, § 11104 Stat. 2145Pub. L. 101–574, title II, § 212104 Stat. 2821Pub. L. 102–140, title VI, § 609(g)105 Stat. 826Pub. L. 102–366, title II, § 225106 Stat. 1001Pub. L. 103–403, title IV, § 401(b)108 Stat. 4190Pub. L. 117–286, § 4(a)(66)136 Stat. 4312
Section 401(b) of Pub. L. 103–403section 7(b) of Pub. L. 98–362[, which directed that , set out above, be amended in the second sentence by striking out “and the amendments made to section 8(b)(1)(A) of the Small Business Act by section 5(a)(2) of this Act are” and inserting “is”, could not be executed, because the language sought to be struck out begins with “The amendments” and not “and the amendments”, and because the amendment would result in an incomplete sentence.]
Pub. L. 98–270section 313 of Pub. L. 98–270section 632 of this titleAmendment by effective , see , set out as an Effective Date of 1984 Amendments note under .
Effective Date of 1981 Amendment
Pub. L. 97–35section 1915 of Pub. L. 97–35section 1918 of Pub. L. 97–35section 631 of this titleAmendment by sections 1908 and 1913(b) of effective , and amendment by effective , but not to affect any financing made, obligated, or committed under this chapter or chapter 14B of this title prior to , see , set out as a note under .
Effective Date of 1980 Amendment
Pub. L. 96–302section 507 of Pub. L. 96–302section 631 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1977 Amendment
Pub. L. 95–89, title I, § 10691 Stat. 557
Effective Date of 1970 Amendments
Pub. L. 91–597section 29 of Pub. L. 91–597section 1031 of Title 21For effective date of amendment by , see , set out as a note under , Food and Drugs.
Pub. L. 91–596section 34 of Pub. L. 91–596section 651 of Title 29Amendment by effective 120 days after , see , set out as a note under , Labor.
Effective Date of 1966 Amendment
Pub. L. 89–409, § 280 Stat. 132, , , provided that the amendment made by that section is effective .
Transfer of Functions
Pub. L. 95–452, § 292 Stat. 1101section 422(a)(1)(T) of Title 5Functions, powers, and duties of Office of Audits and Investigations in Small Business Administration transferred to Office of Inspector General in Small Business Administration, as established by , , , formerly set out in the Appendix to Title 5, Government Organization and Employees. See .
Administrator’s Order
Pub. L. 106–50, title VII, § 701113 Stat. 249
Completion of Planning for Loan Monitoring System
Pub. L. 105–135, title II, § 233111 Stat. 2607
In General .—
Report.—
In general .—
Evaluation .—
Limitation .—
Associate Administrator for Minority Small Business and Capital Ownership Development
Pub. L. 100–656, title IV, § 401(b)102 Stat. 3873Pub. L. 101–37, § 11(b)103 Stat. 73
Availability of Funds
Pub. L. 100–71, title I101 Stat. 396
Finding and Purpose of 1984 Amendment
Pub. L. 98–362, § 298 Stat. 431
Audit by General Accounting Office of Small Business Administration; Report to Congress
Pub. L. 93–386, § 1388 Stat. 750, , , directed General Accounting Office to conduct a full-scale audit of Small Business Administration, including all field offices and to submit audit to House and Senate not later than six months from .
Nonavailability of Unobligated Funds After June 30, 1974
Pub. L. 93–237, § 187 Stat. 1023Pub. L. 93–237section 1961 of Title 7section 3142–1 of Title 42section 636 of this title, , , provided in part that any additional amounts authorized by [amending this section, sections 636 and 639 of this title, , Agriculture, and , The Public Health and Welfare, and enacting provisions set out as notes under this section, , and sections 1961 and 1969 of Title 7] which were not obligated by , were no longer to be available after that date.
Additional Capital for Revolving Fund
The following acts appropriated additional capital:
Pub. L. 89–30979 Stat. 11511965—$76,000,000—, ch. IX, , .
Pub. L. 89–30979 Stat. 1151$84,000,000—, ch. IX, , [effective only upon enactment into law of authorizing legislation].
Pub. L. 89–164, title V79 Stat. 641$150,000,000—, , .
Pub. L. 89–16, title I79 Stat. 92$100,000,000—, ch. IX, , .
Pub. L. 88–63578 Stat. 10321964—$45,000,000—, ch. IX, , .
Pub. L. 88–245, title V77 Stat. 7981963—$90,000,000—, , .
Pub. L. 87–843, title V76 Stat. 11021962—$300,000,000—, , .
Pub. L. 87–545, title I76 Stat. 213$40,000,000—, , .
Pub. L. 87–33275 Stat. 7421961—$160,000,000—, , .
Pub. L. 87–125, title IV75 Stat. 281$20,000,000—, , .
Pub. L. 86–451, title III74 Stat. 1021960—$50,000,000—, , .
Pub. L. 86–88, title III73 Stat. 2091959—$150,000,000—, , .
Pub. L. 85–76672 Stat. 8671958—$200,000,000—, ch. II, , .
Pub. L. 85–45772 Stat. 186$20,000,000—, , .
Pub. L. 85–17071 Stat. 4281957—$100,000,000—, ch. II, , .
Pub. L. 85–1971 Stat. 16$45,000,000—, ch. I, , .
Act June 20, 1956, ch. 415, title III70 Stat. 3251956—$50,000,000—, .
Business Loan and Investment Fund; Increase in Financing Functions; Monthly Reports to Congress
Pub. L. 91–151, title III83 Stat. 378
Transfer of Funds for Trade Adjustment Loans
Pub. L. 89–409, § 3(b)80 Stat. 133section 637a of this title, , , provided in part that any unexpended balances of appropriations heretofore appropriated for the purposes of such section [former ] were transferred to the business loan and investment fund established by section 4(c)(1) of the Small Business Act [subsec. (c)(1) of this section].
section 3(c) of Pub. L. 89–409section 636 of this titleSuch transfer of funds as effective , see , set out as Effective Date of 1966 Amendment note under .
Executive Documents
Termination of Trust Territory of the Pacific Islands
section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.
Transfer of Functions
79 Stat. 1321Loan Policy Board, provided for in subsec. (d) of this section, abolished and functions, including functions of chairman and other officers, transferred to Administrator of Small Business Administration by sections 11(b) and 13(a) of Reorg. Plan No. 4 of 1965, eff. , 30 F.R. 9353, , set out in the Appendix to Title 5, Government Organization and Employees.