USC Chapter 95

in effect

15 U.S.C. § 6901 Definitions

For purposes of this chapter, the following definitions shall apply: (1) AdministrationThe term “Administration” means the Small Business Administration. (2) AdministratorThe term “Administrator” means the Administrator of the Small Business Administration. (3) Capacity building servicesThe term “capacity building services” means services provided to an organization that is, or that is in the process of becoming, a microenterprise development organization or program, for the purpose of enhancing its ability to provide training and services to disadvantaged entrepreneurs. (4) CollaborativeThe term “collaborative” means 2 or more nonprofit entities that agree to act jointly as a qualified organization under this chapter. (5) Disadvantaged entrepreneurThe term “disadvantaged entrepreneur” means a microentrepreneur that is—(A) a low-income person; (B) a very low-income person; or (C) an entrepreneur that lacks adequate access to capital or other resources essential for business success, or is economically disadvantaged, as determined by the Administrator. (6) Indian tribeThe term “Indian tribe” has the meaning given the term in section 4702 of title 12. (7) IntermediaryThe term “intermediary” means a private, nonprofit entity that seeks to serve microenterprise development organizations and programs as authorized under section 6904 of this title. (8) Low-income personThe term “low-income person” has the meaning given the term in section 4702 of title 12. (9) MicroentrepreneurThe term “microentrepreneur” means the owner or developer of a microenterprise. (10) MicroenterpriseThe term “microenterprise” means a sole proprietorship, partnership, or corporation that—(A) has fewer than 5 employees; and (B) generally lacks access to conventional loans, equity, or other banking services. (11) Microenterprise development organization or programThe term “microenterprise development organization or program” means a nonprofit entity, or a program administered by such an entity, including community development corporations or other nonprofit development organizations and social service organizations, that provides services to disadvantaged entrepreneurs. (12) Training and technical assistanceThe term “training and technical assistance” means services and support provided to disadvantaged entrepreneurs, such as assistance for the purpose of enhancing business planning, marketing, management, financial management skills, and assistance for the purpose of accessing financial services. (13) Very low-income personThe term “very low-income person” means having an income, adjusted for family size, of not more than 150 percent of the poverty line (as defined in section 9902(2) of title 42, including any revision required by that section).

15 U.S.C. § 6902 Establishment of program

The Administrator shall establish a microenterprise technical assistance and capacity building grant program to provide assistance from the Administration in the form of grants to qualified organizations in accordance with this chapter.

15 U.S.C. § 6903 Uses of assistance

A qualified organization shall use grants made under this chapter— (1) to provide training and technical assistance to disadvantaged entrepreneurs; (2) to provide training and capacity building services to microenterprise development organizations and programs and groups of such organizations to assist such organizations and programs in developing microenterprise training and services; (3) to aid in researching and developing the best practices in the field of microenterprise and technical assistance programs for disadvantaged entrepreneurs; and (4) for such other activities as the Administrator determines are consistent with the purposes of this chapter.

15 U.S.C. § 6904 Qualified organizations

For purposes of eligibility for assistance under this chapter, a qualified organization shall be— (1) a nonprofit microenterprise development organization or program (or a group or collaborative thereof) that has a demonstrated record of delivering microenterprise services to disadvantaged entrepreneurs; (2) an intermediary; (3) a microenterprise development organization or program that is accountable to a local community, working in conjunction with a State or local government or Indian tribe; or (4) an Indian tribe acting on its own, if the Indian tribe can certify that no private organization or program referred to in this paragraph exists within its jurisdiction.

15 U.S.C. § 6905 Allocation of assistance; subgrants

(a) Allocation of assistance(1) In generalThe Administrator shall allocate assistance from the Administration under this chapter to ensure that—(A) activities described in section 6903(1) of this title are funded using not less than 75 percent of amounts made available for such assistance; and (B) activities described in section 6903(2) of this title are funded using not less than 15 percent of amounts made available for such assistance. (2) Limit on individual assistanceNo single person may receive more than 10 percent of the total funds appropriated under this chapter in a single fiscal year. (b) Targeted assistanceThe Administrator shall ensure that not less than 50 percent of the grants made under this chapter are used to benefit very low-income persons, including those residing on Indian reservations. (c) Subgrants authorized(1) In generalA qualified organization receiving assistance under this chapter may provide grants using that assistance to qualified small and emerging microenterprise organizations and programs, subject to such rules and regulations as the Administrator determines to be appropriate. (2) Limit on administrative expensesNot more than 7.5 percent of assistance received by a qualified organization under this chapter may be used for administrative expenses in connection with the making of subgrants under paragraph (1). (d) DiversityIn making grants under this chapter, the Administrator shall ensure that grant recipients include both large and small microenterprise organizations, serving urban, rural, and Indian tribal communities serving diverse populations. (e) Prohibition on preferential consideration of certain SBA program participantsIn making grants under this chapter, the Administrator shall ensure that any application made by a qualified organization that is a participant in the program established under section 636(m) of this title does not receive preferential consideration over applications from other qualified organizations that are not participants in such program.

15 U.S.C. § 6906 Matching requirements

(a) In generalFinancial assistance under this chapter shall be matched with funds from sources other than the Federal Government on the basis of not less than 50 percent of each dollar provided by the Administration. (b) Sources of matching fundsFees, grants, gifts, funds from loan sources, and in-kind resources of a grant recipient from public or private sources may be used to comply with the matching requirement in subsection (a). (c) Exception(1) In generalIn the case of an applicant for assistance under this chapter with severe constraints on available sources of matching funds, the Administrator may reduce or eliminate the matching requirements of subsection (a). (2) LimitationNot more than 10 percent of the total funds made available from the Administration in any fiscal year to carry out this chapter may be excepted from the matching requirements of subsection (a), as authorized by paragraph (1) of this subsection.

15 U.S.C. § 6907 Applications for assistance

An application for assistance under this chapter shall be submitted in such form and in accordance with such procedures as the Administrator shall establish.

15 U.S.C. § 6908 Recordkeeping

The requirements of section 4714 of title 12 shall apply to a qualified organization receiving assistance from the Administration under this chapter as if it were a community development financial institution receiving assistance from the Fund under subtitle A.

15 U.S.C. § 6909 Authorization

In addition to funds otherwise authorized to be appropriated to the Fund to carry out this title,11 See References in Text note below. there are authorized to be appropriated to the Administrator to carry out this chapter— (1) $15,000,000 for fiscal year 2000; (2) $15,000,000 for fiscal year 2001; (3) $15,000,000 for fiscal year 2002; and (4) $15,000,000 for fiscal year 2003.

15 U.S.C. § 6910 Implementation

The Administrator shall, by regulation, establish such requirements as may be necessary to carry out this chapter.