15 U.S.C. § 648 — Small business development center pro-

Page 1006 TITLE 15—COMMERCE AND TRADE § 648 1 So in original. Probably should not be capitalized. § 648. Small business development center pro- gram authorization (a) Grants, contracts and cooperative agree- ments for establishment of small business de- velopment centers and for small business ac- tivities and purposes; role of Administration; non-Federal additional amount; amount of grant; eligibility (1) The Administration is authorized to make grants (including contracts and cooperative agreements) to any State government or any agency thereof, any regional entity, any State- chartered development, credit or finance cor- poration, any women’s business center operating pursuant to section 656 of this title, any public or private institution of higher education, in- cluding but not limited to any land-grant col- lege or university, any college or school of busi- ness, engineering, commerce, or agriculture, community college or junior college, or to any entity formed by two or more of the above enti- ties (herein referred to as ‘‘applicants’’) to assist in establishing small business development cen- ters and to any such body for: small business oriented employment or natural resources devel- opment programs; studies, research, and coun- seling concerning the managing, financing, and operation of small business enterprises; manage- ment and technical assistance regarding small business participation in international markets, export promotion and technology transfer; de- livery or distribution of such services and infor- mation; providing access to business analysts who can refer small business concerns to avail- able experts; and, to the extent practicable, pro- viding assistance in furtherance of the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017: Provided, That after December 31, 1990, the Ad- ministration shall not make a grant to any ap- plicant other than an institution of higher edu- cation or a women’s business center operating pursuant to section 656 of this title as a Small Business Development Center unless the appli- cant was receiving a grant (including a contract or cooperative agreement) on such date. The previous sentence shall not apply to an appli- cant that has its principal office located in the Commonwealth of the Northern Mariana Is- lands. The Administration shall require any ap- plicant for a small business development center grant with performance commencing on or after January 1, 1992 to have its own budget and to primarily utilize institutions of higher edu- cation and women’s business centers operating pursuant to section 656 of this title to provide services to the small business community. The term of such grants shall be made on a calendar year basis or to coincide with the Federal fiscal year. (2) COOPERATION TO PROVIDE INTERNATIONAL TRADE SERVICES.— (A) INFORMATION AND SERVICES.—The small business development centers shall work in close cooperation with the Administration’s regional and local offices, the Department of Commerce, appropriate Federal, State and local agencies (including State trade agen- cies), and the small business community to serve as an active information dissemination and service delivery mechanism for existing trade promotion, trade finance, trade adjust- ment, trade remedy and trade data collection programs of particular utility for small busi- nesses. (B) COOPERATION WITH STATE TRADE AGENCIES AND EXPORT ASSISTANCE CENTERS.—A small business development center that counsels a small business concern on issues relating to international trade shall— (i) consult with State trade agencies and Export Assistance Centers to provide appro- priate services to the small business con- cern; and (ii) as necessary, refer the small business concern to a State trade agency or an Ex- port Assistance Center for further coun- seling or assistance. (C) DEFINITION.—In this paragraph, the term ‘‘Export Assistance Center’’ has the same meaning as in section 649 of this title. (3) The Small Business Development Center Program shall be under the general management and oversight of the Administration for the de- livery of programs and services to the small business community. Such programs and serv- ices shall be jointly developed, negotiated, and agreed upon, with full participation of both par- ties, pursuant to an executed cooperative agree- ment between the Small Business Development Center applicant and the Administration. (A) Small business development centers are authorized to form an association to pursue matters of common concern. If more than a ma- jority of the small business development centers which are operating pursuant to agreements with the Administration are members of such an association, the Administration is authorized and directed to recognize the existence and ac- tivities of such an association and to consult with it and develop documents (i) announcing the annual scope of activities pursuant to this section, (ii) requesting proposals to deliver as- sistance as provided in this section and (iii) gov- erning the general operations and administra- tion of the Small Business Development Center Program, specifically including the development of regulations and a uniform negotiated cooper- ative agreement for use on an annual basis when entering into individual negotiated agreements with small business development centers. (B) Provisions governing audits, cost prin- ciples and administrative requirements for Fed- eral grants, contracts and cooperative agree- ments which are included in uniform require- ments of Office of Management and Budget (OMB) Circulars shall be incorporated by ref- erence and shall not be set forth in summary or other form in regulations. (C) On an annual basis, the Small Business De- velopment Center shall review and coordinate public and private partnerships and cosponsor- ships with the Administration for the purpose of more efficiently leveraging available resources on a National 1 and a State basis. (4) SMALL BUSINESS DEVELOPMENT CENTER PRO- GRAM LEVEL.— Page 1007 TITLE 15—COMMERCE AND TRADE § 648 2 See References in Text note below. (A) IN GENERAL.—The Administration shall require as a condition of any grant (or amend- ment or modification thereof) made to an ap- plicant under this section, that a matching amount (excluding any fees collected from re- cipients of such assistance) equal to the amount of such grant be provided from sources other than the Federal Government, to be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions. (B) RESTRICTION.—The matching amount de- scribed in subparagraph (A) shall not include any indirect costs or in-kind contributions de- rived from any Federal program. (C) FUNDING FORMULA.— (i) IN GENERAL.—Subject to clause (iii), the amount of a formula grant received by a State under this subparagraph shall be equal to an amount determined in accordance with the following formula: (I) The annual amount made available under section 20(a) 2 for the Small Business Development Center Program, less any re- ductions made for expenses authorized by clause (v) of this subparagraph, shall be di- vided on a pro rata basis, based on the per- centage of the population of each State, as compared to the population of the United States. (II) If the pro rata amount calculated under subclause (I) for any State is less than the minimum funding level under clause (iii), the Administration shall de- termine the aggregate amount necessary to achieve that minimum funding level for each such State. (III) The aggregate amount calculated under subclause (II) shall be deducted from the amount calculated under subclause (I) for States eligible to receive more than the minimum funding level. The deduc- tions shall be made on a pro rata basis, based on the population of each such State, as compared to the total population of all such States. (IV) The aggregate amount deducted under subclause (III) shall be added to the grants of those States that are not eligible to receive more than the minimum fund- ing level in order to achieve the minimum funding level for each such State, except that the eligible amount of a grant to any State shall not be reduced to an amount below the minimum funding level. (ii) GRANT DETERMINATION.—The amount of a grant that a State is eligible to apply for under this subparagraph shall be the amount determined under clause (i), subject to any modifications required under clause (iii), and shall be based on the amount available for the fiscal year in which performance of the grant commences, but not including amounts distributed in accordance with clause (iv). The amount of a grant received by a State under any provision of this sub- paragraph shall not exceed the amount of matching funds from sources other than the Federal Government, as required under sub- paragraph (A). (iii) MINIMUM FUNDING LEVEL.—The amount of the minimum funding level for each State shall be determined for each fiscal year based on the amount made available for that fiscal year to carry out this section, as fol- lows: (I) If the amount made available is not less than $81,500,000 and not more than $90,000,000, the minimum funding level shall be $500,000. (II) If the amount made available is less than $81,500,000, the minimum funding level shall be the remainder of $500,000 minus a percentage of $500,000 equal to the percentage amount by which the amount made available is less than $81,500,000. (III) If the amount made available is more than $90,000,000, the minimum fund- ing level shall be the sum of $500,000 plus a percentage of $500,000 equal to the percent- age amount by which the amount made available exceeds $90,000,000. (iv) DISTRIBUTIONS.—Subject to clause (iii), if any State does not apply for, or use, its full funding eligibility for a fiscal year, the Administration shall distribute the remain- ing funds as follows: (I) If the grant to any State is less than the amount received by that State in fis- cal year 2000, the Administration shall dis- tribute such remaining funds, on a pro rata basis, based on the percentage of shortage of each such State, as compared to the total amount of such remaining funds available, to the extent necessary in order to increase the amount of the grant to the amount received by that State in fiscal year 2000, or until such funds are ex- hausted, whichever first occurs. (II) If any funds remain after the appli- cation of subclause (I), the remaining amount may be distributed as supple- mental grants to any State, as the Admin- istration determines, in its discretion, to be appropriate, after consultation with the association referred to in subsection (a)(3)(A). (v) USE OF AMOUNTS.— (I) IN GENERAL.—Of the amounts made available in any fiscal year to carry out this section— (aa) not more than $500,000 may be used by the Administration to pay ex- penses enumerated in subparagraphs (B) through (D) of section 20(a)(1); 2 and (bb) not more than $500,000 may be used by the Administration to pay the examination expenses enumerated in section 20(a)(1)(E).2 (II) LIMITATION.—No funds described in subclause (I) may be used for examination expenses under section 20(a)(1)(E) 2 if the usage would reduce the amount of grants made available under clause (i)(I) of this subparagraph to less than $85,000,000 (after excluding any amounts provided in appro- priations Acts, or accompanying report language, for specific institutions or for Page 1008 TITLE 15—COMMERCE AND TRADE § 648 purposes other than the general small business development center program) or would further reduce the amount of such grants below such amount. (vi) EXCLUSIONS.—Grants provided to a State by the Administration or another Fed- eral agency to carry out subsection (a)(6) or (c)(3)(G), or for supplemental grants set forth in clause (iv)(II) of this subparagraph, shall not be included in the calculation of maximum funding for a State under clause (ii) of this subparagraph. (vii) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out this subparagraph— (I) $130,000,000 for fiscal year 2005; and (II) $135,000,000 for fiscal year 2006. (viii) LIMITATION.—From the funds appro- priated pursuant to clause (vii), the Admin- istration shall reserve not less than $1,000,000 in each fiscal year to develop port- able assistance for startup and sustain- ability non-matching grant programs to be conducted by eligible small business devel- opment centers in communities that are eco- nomically challenged as a result of a busi- ness or government facility down sizing or closing, which has resulted in the loss of jobs or small business instability. A non-match- ing grant under this clause shall not exceed $100,000, and shall be used for small business development center personnel expenses and related small business programs and serv- ices. (ix) STATE DEFINED.—In this subparagraph, the term ‘‘State’’ means each of the several States, the District of Columbia, the Com- monwealth of Puerto Rico, the Virgin Is- lands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Is- lands. (5) FEDERAL CONTRACTS WITH SMALL BUSINESS DEVELOPMENT CENTERS.— (A) IN GENERAL.—Subject to the conditions set forth in subparagraph (B), a small business development center may enter into a contract with a Federal department or agency to pro- vide specific assistance to small business con- cerns. (B) CONTRACT PREREQUISITES.—Before bid- ding on a contract described in subparagraph (A), a small business development center shall receive approval from the Associate Adminis- trator of the small business development cen- ter program of the subject and general scope of the contract. Each approval under subpara- graph (A) shall be based upon a determination that the contract will provide assistance to small business concerns and that performance of the contract will not hinder the small busi- ness development center in carrying out the terms of the grant received by the small busi- ness development center from the Administra- tion. (C) EXEMPTION FROM MATCHING REQUIRE- MENT.—A contract under this paragraph shall not be subject to the matching funds or eligi- bility requirements of paragraph (4). (D) ADDITIONAL PROVISION.—Notwithstanding any other provision of law, a contract for as- sistance under this paragraph shall not be ap- plied to any Federal department or agency’s small business, woman-owned business, or so- cially and economically disadvantaged busi- ness contracting goal under section 644(g) of this title. (6) Any applicant which is funded by the Ad- ministration as a Small Business Development Center may apply for an additional grant to be used solely to assist— (A) with the development and enhancement of exports by small business concerns; (B) in technology transfer; and (C) with outreach, development, and en- hancement of minority-owned small business startups or expansions, HUBZone small busi- ness concerns, veteran-owned small business startups or expansions, and women-owned small business startups or expansions, in com- munities impacted by base closings or mili- tary or corporate downsizing, or in rural or underserved communities; as provided under subparagraphs (B) through (G) of subsection (c)(3). Applicants for such addi- tional grants shall comply with all of the provi- sions of this section, including providing match- ing funds, except that funding under this para- graph shall be effective for any fiscal year to the extent provided in advance in appropriations Acts and shall be in addition to the dollar pro- gram limitations specified in paragraphs (4) and (5). No recipient of funds under this paragraph shall receive a grant which would exceed its pro rata share of a $15,000,000 program based upon the populations to be served by the Small Busi- ness Development Center as compared to the total population of the United States. The min- imum amount of eligibility for any State shall be $100,000. (7) PRIVACY REQUIREMENTS.— (A) IN GENERAL.—A small business develop- ment center, consortium of small business de- velopment centers, or contractor or agent of a small business development center may not disclose the name, address, or telephone num- ber of any individual or small business con- cern receiving assistance under this section without the consent of such individual or small business concern, unless— (i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (ii) the Administrator considers such a dis- closure to be necessary for the purpose of conducting a financial audit of a small busi- ness development center, but a disclosure under this clause shall be limited to the in- formation necessary for such audit. (B) ADMINISTRATOR USE OF INFORMATION.— This section shall not— (i) restrict Administrator access to pro- gram activity data; or (ii) prevent the Administrator from using client information to conduct client surveys. (C) REGULATIONS.— (i) IN GENERAL.—The Administrator shall issue regulations to establish standards— (I) for disclosures with respect to finan- cial audits under subparagraph (A)(ii); and Page 1009 TITLE 15—COMMERCE AND TRADE § 648 (II) for client surveys under subpara- graph (B)(ii), including standards for over- sight of such surveys and for dissemina- tion and use of client information. (ii) MAXIMUM PRIVACY PROTECTION.—Regu- lations under this subparagraph, shall, to the extent practicable, provide for the max- imum amount of privacy protection. (iii) INSPECTOR GENERAL.—Until the effec- tive date of regulations under this subpara- graph, any client survey and the use of such information shall be approved by the Inspec- tor General who shall include such approval in his semi-annual report. (8) CYBERSECURITY ASSISTANCE.— (A) IN GENERAL.—The Department of Home- land Security, and any other Federal depart- ment or agency in coordination with the De- partment of Homeland Security, may leverage small business development centers to provide assistance to small business concerns by dis- seminating information relating to cybersecurity risks and other homeland secu- rity matters to help small business concerns in developing or enhancing cybersecurity in- frastructure, awareness of cyber threat indica- tors, and cyber training programs for employ- ees. (B) DEFINITIONS.—In this paragraph, the terms ‘‘cybersecurity risk’’ and ‘‘cyber threat indicator’’ have the meanings given such terms, respectively, under section 650 of title 6. (b) Area plan inconsistent with applicant’s plan: assistance unavailable 1981 through 1983; plan of applicant: submittal to Administra- tion, action on plan, review by Administra- tion, assistance to out-of-State businesses (1) Financial assistance shall not be made available to any applicant if approving such as- sistance would be inconsistent with a plan for the area involved which has been adopted by an agency recognized by the State government as authorized to do so and approved by the Admin- istration in accordance with the standards and requirements established pursuant to this sec- tion. (2) An applicant may apply to participate in the program by submitting to the Administra- tion for approval a plan naming those author- ized in subsection (a) to participate in the pro- gram, the geographic area to be served, the serv- ices that it would provide, the method for deliv- ering services, a budget, and any other informa- tion and assurances the Administration may re- quire to insure that the applicant will carry out the activities eligible for assistance. The Ad- ministration is authorized to approve, condi- tionally approve or reject a plan or combination of plans submitted. In all cases, the Administra- tion shall review plans for conformity with the plan submitted pursuant to paragraph (1) of this subsection, and with a view toward providing small business with the most comprehensive and coordinated assistance in the State or part thereof to be served. (3) ASSISTANCE TO OUT-OF-STATE SMALL BUSI- NESS CONCERNS.— (A) IN GENERAL.—At the discretion of the Administration, the Administration is author- ized to permit a small business development center to provide advice, information and as- sistance, as described in subsection (c), to small businesses located outside the State, but only to the extent such businesses are located within close geographical proximity to the small business development center, as deter- mined by the Administration. (B) DISASTER RECOVERY ASSISTANCE.— (i) IN GENERAL.—At the discretion of the Administrator, the Administrator may au- thorize a small business development center to provide advice, information, and assist- ance, as described in subsection (c), to a small business concern located outside of the State, without regard to geographic proximity to the small business development center, if the small business concern is lo- cated in an area for which the President has declared a major disaster. (ii) TERM.— (I) IN GENERAL.—A small business devel- opment center may provide advice, infor- mation, and assistance to a small business concern under clause (i) for a period of not more than 2 years after the date on which the President declared a major disaster for the area in which the small business con- cern is located. (II) EXTENSION.—The Administrator may, at the discretion of the Adminis- trator, extend the period described in sub- clause (I). (iii) CONTINUITY OF SERVICES.—A small business development center that provides counselors to an area described in clause (i) shall, to the maximum extent practicable, ensure continuity of services in any State in which the small business development cen- ter otherwise provides services. (iv) ACCESS TO DISASTER RECOVERY FACILI- TIES.—For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Admin- istrator for use to provide disaster recovery assistance. (c) Problem-solving assistance; development cen- ter extension services; staff and access re- quirements; assistance services; changing services for evolving needs; qualified small business vendors; non-profit entities; co- operation with regional and local offices, etc.; information sharing system (1) Applicants receiving grants under this sec- tion shall assist small businesses in solving problems concerning operations, manufacturing, engineering, technology exchange and develop- ment, personnel administration, marketing, sales, merchandising, finance, accounting, busi- ness strategy development, and other disciplines required for small business growth and expan- sion, innovation, increased productivity, and management improvement, and for decreasing industry economic concentrations. Applicants receiving grants under this section may also as- sist small businesses by providing, where appro- priate, education on the requirements applicable to small businesses under the regulations issued Page 1010 TITLE 15—COMMERCE AND TRADE § 648 under section 2778 of title 22 and on compliance with those requirements. (2) A small business development center shall provide services as close as possible to small businesses by providing extension services and utilizing satellite locations when necessary. The facilities and staff of each Small Business Devel- opment Center shall be located in such places as to provide maximum accessibility and benefits to the small businesses which the center is in- tended to serve. To the extent possible, it also shall make full use of other Federal and State government programs that are concerned with aiding small business. A small business develop- ment center shall have— (A) a full-time staff, including a full-time di- rector who shall have the authority to make expenditures under the center’s budget and who shall manage the program activities; (B) access to business analysts to counsel, assist, and inform small business clients; (C) access to technology transfer agents to provide state of art technology to small busi- nesses through coupling with national and re- gional technology data sources; (D) access to information specialists to as- sist in providing information searches and re- ferrals to small business; (E) access to part-time professional special- ists to conduct research or to provide coun- seling assistance whenever the need arises; (F) access to laboratory and adaptive engi- neering facilities; and (G) access to cybersecurity specialists to counsel, assist, and inform small business con- cern clients, in furtherance of the Small Busi- ness Development Center Cyber Strategy de- veloped under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017. (3) Services provided by a small business de- velopment center shall include, but shall not be limited to— (A) furnishing one-to-one individual coun- seling to small businesses, including— (i) working with individuals to increase awareness of basic credit practices and cred- it requirements; (ii) working with individuals to develop business plans, financial packages, credit ap- plications, and contract proposals; (iii) working with the Administration to develop and provide informational tools for use in working with individuals on pre-busi- ness startup planning, existing business ex- pansion, and export planning; and (iv) working with individuals referred by the local offices of the Administration and Administration participating lenders; (B) assisting in technology transfer, re- search and development, including applied re- search, and coupling from existing sources to small businesses, including— (i) working to increase the access of small businesses to the capabilities of automated flexible manufacturing systems; (ii) working through existing networks and developing new networks for technology transfer that encourage partnership between the small business and academic commu- nities to help commercialize university- based research and development and intro- duce university-based engineers and sci- entists to their counterparts in small tech- nology-based firms; and (iii) exploring the viability of developing shared production facilities, under appro- priate circumstances; (C) in cooperation with the Department of Commerce and other relevant Federal agen- cies, actively assisting small businesses in ex- porting by identifying and developing poten- tial export markets, facilitating export trans- actions, developing linkages between United States small business firms and prescreened foreign buyers, assisting small businesses to participate in international trade shows, as- sisting small businesses in obtaining export fi- nancing, and facilitating the development or reorientation of marketing and production strategies; where appropriate, the Small Busi- ness Development Center and the Administra- tion may work in cooperation with the State to establish a State international trade center for these purposes; (D) developing a program in conjunction with the Export-Import Bank and local and re- gional Administration offices that will enable Small Business Development Centers to serve as an information network and to assist small business applicants for Export-Import Bank fi- nancing programs, and otherwise identify and help to make available export financing pro- grams to small businesses; (E) working closely with the small business community, small business consultants, State agencies, universities and other appropriate groups to make translation services more readily available to small business firms doing business, or attempting to develop business, in foreign markets; (F) in providing assistance under this sub- section, applicants shall cooperate with the Department of Commerce and other relevant Federal agencies to increase access to avail- able export market information systems, in- cluding the CIMS system; (G) assisting small businesses to develop and implement strategic business plans to timely and effectively respond to the planned closure (or reduction) of a Department of Defense fa- cility within the community, or actual or pro- jected reductions in such firms’ business base due to the actual or projected termination (or reduction) of a Department of Defense pro- gram or a contract in support of such pro- gram— (i) by developing broad economic assess- ments of the adverse impacts of— (I) the closure (or reduction) of the De- partment of Defense facility on the small business concerns providing goods or serv- ices to such facility or to the military and civilian personnel currently stationed or working at such facility; and (II) the termination (or reduction) of a Department of Defense program (or con- tracts under such program) on the small business concerns participating in such program as a prime contractor, subcon- tractor or supplier at any tier; Page 1011 TITLE 15—COMMERCE AND TRADE § 648 3 So in original. The period probably should be a semicolon. 4 So in original. Probably should be ‘‘counseling’’. 5 So in original. Two subpars. (U) have been enacted. (ii) by developing, in conjunction with ap- propriate Federal, State, and local govern- mental entities and other private sector or- ganizations, the parameters of a transition adjustment program adaptable to the needs of individual small business concerns; (iii) by conducting appropriate programs to inform the affected small business com- munity regarding the anticipated adverse impacts identified under clause (i) and the economic adjustment assistance available to such firms; and (iv) by assisting small business concerns to develop and implement an individualized transition business plan.3 (H) maintaining current information con- cerning Federal, State, and local regulations that affect small businesses and counsel 4 small businesses on methods of compliance. Counseling and technology development shall be provided when necessary to help small busi- nesses find solutions for complying with envi- ronmental, energy, health, safety, and other Federal, State, and local regulations; (I) coordinating and conducting research into technical and general small business problems for which there are no ready solu- tions; (J) providing and maintaining a comprehen- sive library that contains current information and statistical data needed by small busi- nesses; (K) maintaining a working relationship and open communications with the financial and investment communities, legal associations, local and regional private consultants, and local and regional small business groups and associates in order to help address the various needs of the small business community; (L) conducting in-depth surveys for local small business groups in order to develop gen- eral information regarding the local economy and general small business strengths and weaknesses in the locality; (M) in cooperation with the Department of Commerce, the Administration and other rel- evant Federal agencies, actively assisting rural small businesses in exporting by identi- fying and developing potential export markets for rural small businesses, facilitating export transactions for rural small businesses, devel- oping linkages between United States’ rural small businesses and prescreened foreign buy- ers, assisting rural small businesses to partici- pate in international trade shows, assisting rural small businesses in obtaining export fi- nancing and developing marketing and produc- tion strategies; (N) assisting rural small businesses— (i) in developing marketing and production strategies that will enable them to better compete in the domestic market— (ii) by providing technical assistance need- ed by rural small businesses; (iii) by making available managerial as- sistance to rural small business concerns; and (iv) by providing information and assist- ance in obtaining financing for business startups and expansion; (O) in conjunction with the United States Travel and Tourism Administration, assist rural small business in developing the tourism potential of rural communities by— (i) identifying the cultural, historic, rec- reational, and scenic resources of such com- munities; (ii) providing assistance to small busi- nesses in developing tourism marketing and promotion plans relating to tourism in rural areas; and (iii) assisting small business concerns to obtain capital for starting or expanding businesses primarily serving tourists; (P) maintaining lists of local and regional private consultants to whom small businesses can be referred; (Q) providing information to small business concerns regarding compliance with regu- latory requirements; (R) developing informational publications, establishing resource centers of reference ma- terials, and distributing compliance guides published under section 312(a) 2 of the Small Business Regulatory Enforcement Fairness Act of 1996; (S) providing small business owners with ac- cess to a wide variety of export-related infor- mation by establishing on-line computer link- ages between small business development cen- ters and an international trade data informa- tion network with ties to the Export Assist- ance Center program; (T) providing information and assistance to small business concerns with respect to estab- lishing drug-free workplace programs on or be- fore October 1, 2006; and (U) 5 encouraging and assisting the provision of succession planning to small business con- cerns with a focus on transitioning to coopera- tives, as defined in section 636(a)(35) of this title, and qualified employee trusts (collec- tively referred to in this subparagraph as ‘‘em- ployee-owned business concerns’’), including by— (i) providing training to individuals to pro- mote the successful management, govern- ance, or operation of a business purchased by those individuals in the formation of an em- ployee-owned business concern; (ii) assisting employee-owned business concerns that meet applicable size standards established under section 632(a) of this title with education and technical assistance with respect to financing and contracting programs administered by the Administra- tion; (iii) coordinating with lenders on con- ducting outreach on financing through pro- grams administered by the Administration that may be used to support the transition of ownership to employees; (iv) supporting small business concerns in exploring or assessing the possibility of transitioning to an employee-owned business concern; and Page 1012 TITLE 15—COMMERCE AND TRADE § 648 6 So in original. Probably should be ‘‘enter into’’. (v) coordinating with the cooperative de- velopment centers of the Department of Ag- riculture, the land grant extension network, the Manufacturing Extension Partnership, community development financial institu- tions, employee ownership associations and service providers, and local, regional and na- tional cooperative associations. (U) 5 in conjunction with the United States Patent and Trademark Office, providing train- ing— (i) to small business concerns relating to— (I) domestic and international intellec- tual property protections; and (II) how the protections described in sub- clause (I) should be considered in the busi- ness plans and growth strategies of the small business concerns; and (ii) that may be delivered— (I) in person; or (II) through a website. (4) A small business development center shall continue to upgrade and modify its services, as needed, in order to meet the changing and evolv- ing needs of the small business community. (5) In addition to the methods prescribed in paragraph (2), a small business development cen- ter shall utilize and compensate as one of its re- sources qualified small business vendors, includ- ing but not limited to, private management con- sultants, private consulting engineers and pri- vate testing laboratories, to provide services as described in this subsection to small businesses on behalf of such small business development center. (6) In any State (A) in which the Administra- tion has not made a grant pursuant to para- graph (1) of subsection (a), or (B) in which no ap- plication for a grant has been made by a Small Business Development Center pursuant to para- graph (6) of such subsection within 60 days after the effective date of any grant under subsection (a)(1) to such center or the date the Administra- tion notifies the grantee funded under sub- section (a)(1) that funds are available for grant applications pursuant to subsection (a)(6), whichever date occurs last, the Administration may make grants to a non-profit entity in that State to carry out the activities specified in paragraph (6) of subsection (a). Any such appli- cants shall comply with the matching funds re- quirement of paragraph (4) of subsection (a). Such grants shall be effective for any fiscal year only to the extent provided in advance in appro- priations Acts, and each State shall be limited to the pro rata share provisions of paragraph (6) of subsection (a). (7) In performing the services identified in paragraph (3), the Small Business Development Centers shall work in close cooperation with the Administration’s regional and local offices, the local small business community, and appro- priate State and local agencies. (8) The Associate Administrator for Small Business Development Centers, in consultation with the Small Business Development Centers, shall develop and implement an information sharing system. Subject to amounts approved in advance in appropriations Acts, the Administra- tion may make grants or enter 6 cooperative agreements with one or more centers to carry out the provisions of this paragraph. Said grants or cooperative agreements shall be awarded for periods of no more than five years duration. The matching funds provisions of subsection (a) shall not be applicable to grants or cooperative agree- ments under this paragraph. The system shall— (A) allow Small Business Development Cen- ters participating in the program to exchange information about their programs; and (B) provide information central to tech- nology transfer. (d) Enhancing export potential of businesses within State; State Office of International Trade Where appropriate, the Small Business Devel- opment Centers shall work in conjunction with the relevant State agency and the Department of Commerce to develop a comprehensive plan for enhancing the export potential of small busi- nesses located within the State. This plan may involve the cofunding and staffing of a State Of- fice of International Trade within the State Small Business Development Center, using joint State and Federal funding, and any other appro- priate measures directed at improving the ex- port performance of small businesses within the State. (e) Laboratory assistance; reimbursement for services Laboratories operated and funded by the Fed- eral Government are authorized and directed to cooperate with the Administration in developing and establishing programs to support small business development centers by making facili- ties and equipment available; providing experi- ment station capabilities in adaptive engineer- ing; providing library and technical information processing capabilities; and providing profes- sional staff for consulting. The Administration is authorized to reimburse the laboratories for such services. (f) National Science Foundation; cooperation with Administration and Small Business De- velopment Centers; center support The National Science Foundation is author- ized and directed to cooperate with the Adminis- tration and with the Small Business Develop- ment Centers in developing and establishing programs to support the centers. (g) National Aeronautics and Space Administra- tion and regional technology transfer centers The National Aeronautics and Space Adminis- tration and regional technology transfer centers supported by the National Aeronautics and Space Administration are authorized and di- rected to cooperate with small business develop- ment centers participating in the program. (h) Associate Administrator for Small Business Development Centers (1) Appointment and compensation The Administrator shall appoint an Asso- ciate Administrator for Small Business Devel- opment Centers who shall report to an official Page 1013 TITLE 15—COMMERCE AND TRADE § 648 7 So in original. Probably should be ‘‘therefor,’’. who is not more than one level below the Of- fice of the Administrator and who shall serve without regard to the provisions of title 5 gov- erning appointments in the competitive serv- ice, and without regard to chapter 51, and sub- chapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at a rate not less than the rate of GS–17 of the General Schedule. (2) Duties (A) In general The sole responsibility of the Associate Administrator for Small Business Develop- ment Centers shall be to administer the small business development center program. Duties of the position shall include recom- mending the annual program budget, review- ing the annual budgets submitted by each applicant, establishing appropriate funding levels therefore,7 selecting applicants to par- ticipate in this program, implementing the provisions of this section, maintaining a clearinghouse to provide for the dissemina- tion and exchange of information between small business development centers and con- ducting audits of recipients of grants under this section. (B) Consultation requirements In carrying out the duties described in this subsection, the Associate Administrator shall confer with and seek the advice of the Board established by subsection (i) and Ad- ministration officials in areas served by the small business development centers; how- ever, the Associate Administrator shall be responsible for the management and admin- istration of the program and shall not be subject to the approval or concurrence of such Administration officials. (i) National Small Business Development Center Advisory Board; establishment; membership; term; Chairman; advisory and counseling functions; meetings; compensation (1) There is established a National Small Busi- ness Development Center Advisory Board (here- in referred to as ‘‘Board’’) which shall consist of nine members appointed from civilian life by the Administrator and who shall be persons of outstanding qualifications known to be familiar and sympathetic with small business needs and problems. No more than three members shall be from universities or their affiliates and six shall be from small businesses or associations rep- resenting small businesses. At the time of the appointment of the Board, the Administrator shall designate one-third of the members and at least one from each category whose term shall end in two years from the date of appointment, a second third whose term shall end in three years from the date of appointment, and the final third whose term shall end in four years from the date of appointment. Succeeding Boards shall have three-year terms, with one- third of the Board changing each year. (2) The Board shall elect a Chairman and ad- vise, counsel, and confer with the Associate Ad- ministrator for Small Business Development Centers in carrying out the duties described in this section. The Board shall meet at least semi- annually and at the call of the Chairman of the Board. Each member of the Board shall be enti- tled to be compensated at the rate not in excess of the per diem, equivalent of the highest rate of pay for individuals occupying the position under GS–18 of the General Schedule for each day en- gaged in activities of the Board and shall be en- titled to be reimbursed for expenses as a mem- ber of the Board. (j) Small business development center advisory board; establishment; chairman; conferences with director on policy (1) Each small business development center shall establish an advisory board. (2) Each small business development center advisory board shall elect a chairman and ad- vise, counsel, and confer with the director of the small business development center on all policy matters pertaining to the operation of the small business development center, including who may be eligible to receive assistance from, and how local and regional private consultants may par- ticipate with the small business development center. (k) Program examination and accreditation (1) Examination Not later than 180 days after October 22, 1994, the Administration shall develop and imple- ment a biennial programmatic and financial examination of each small business develop- ment center established pursuant to this sec- tion. (2) Accreditation The Administration may provide financial support, by contract or otherwise, to the asso- ciation authorized by subsection (a)(3)(A) for the purpose of developing a small business de- velopment center accreditation program. (3) Extension or renewal of cooperative agree- ments (A) In general In extending or renewing a cooperative agreement of a small business development center, the Administration shall consider the results of the examination and accredi- tation program conducted pursuant to para- graphs (1) and (2). (B) Accreditation requirement After September 30, 2000, the Administra- tion may not renew or extend any coopera- tive agreement with a small business devel- opment center unless the center has been ap- proved under the accreditation program con- ducted pursuant to this subsection, except that the Associate Administrator for Small Business Development Centers may waive such accreditation requirement, in the dis- cretion of the Associate Administrator, upon a showing that the center is making a good faith effort to obtain accreditation. (l) Contract authority The authority to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance Page 1014 TITLE 15—COMMERCE AND TRADE § 648 in appropriations Acts. After the administration has entered a contract, either as a grant or a co- operative agreement, with any applicant under this section, it shall not suspend, terminate, or fail to renew or extend any such contract unless the Administration provides the applicant with written notification setting forth the reasons therefore 7 and affording the applicant an oppor- tunity for a hearing, appeal, or other adminis- trative proceeding under the provisions of chap- ter 5 of title 5. If any contract or cooperative agreement under this section with an entity that is covered by this section is not renewed or extended, any award of a successor contract or cooperative agreement under this section to an- other entity shall be made on a competitive basis. (m) Prohibition on certain fees A small business development center shall not impose or otherwise collect a fee or other com- pensation in connection with the provision of counseling services under this section. (n) Veterans assistance and services program (1) In general A small business development center may apply for a grant under this subsection to carry out a veterans assistance and services program. (2) Elements of program Under a program carried out with a grant under this subsection, a small business devel- opment center shall— (A) create a marketing campaign to pro- mote awareness and education of the serv- ices of the center that are available to vet- erans, and to target the campaign toward veterans, service-disabled veterans, military units, Federal agencies, and veterans organi- zations; (B) use technology-assisted online coun- seling and distance learning technology to overcome the impediments to entrepreneur- ship faced by veterans and members of the Armed Forces; and (C) increase coordination among organiza- tions that assist veterans, including by es- tablishing virtual integration of service pro- viders and offerings for a one-stop point of contact for veterans who are entrepreneurs or owners of small business concerns. (3) Amount of grants A grant under this subsection shall be for not less than $75,000 and not more than $250,000. (4) Funding Subject to amounts approved in advance in appropriations Acts, the Administration may make grants or enter into cooperative agree- ments to carry out the provisions of this sub- section. (o) Cyber strategy training for small business de- velopment centers (1) Definitions In this subsection— (A) the term ‘‘cyber strategy’’ means re- sources and tactics to assist in planning for cybersecurity and defending against cyber risks and attacks; and (B) the term ‘‘lead small business develop- ment center’’ means a small business devel- opment center that receives reimbursement from the Administrator under paragraph (5). (2) Certification program The Administrator shall establish a cyber counseling certification program, or designate 1 or more substantially similar governmental or private cybersecurity certification pro- grams, to certify the employees of lead small business development centers in providing cyber planning assistance to small business concerns. (3) Number of certified employees The Administrator shall ensure that the number of employees of each lead small busi- ness development center who are certified in providing cyber planning assistance is not less than the lesser of— (A) 5; or (B) 10 percent of the total number of em- ployees of the lead small business develop- ment center. (4) Cyber strategy In carrying out paragraph (2), the Adminis- trator, to the extent practicable, shall con- sider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2662). (5) Reimbursement for certification (A) In general Subject to the availability of appropria- tions, the Administrator may reimburse each lead small business development center for costs relating to the certification of 1 or more employees of the lead small business center in providing cyber planning assist- ance under a program established or des- ignated under paragraph (2). (B) Limitation The total amount reimbursed by the Ad- ministrator under subparagraph (A) may not exceed $350,000 in any fiscal year. (Pub. L. 85–536, § 2[21], as added Pub. L. 96–302, title II, § 202, July 2, 1980, 94 Stat. 843; amended Pub. L. 98–395, § 2, Aug. 21, 1984, 98 Stat. 1366; Pub. L. 100–418, title VIII, § 8006(b), Aug. 23, 1988, 102 Stat. 1557; Pub. L. 100–590, title I, §§ 134, 135(3), Nov. 3, 1988, 102 Stat. 3006, 3007; Pub. L. 101–515, title V, §§ 5(a), 6, Nov. 5, 1990, 104 Stat. 2142; Pub. L. 101–574, title II, § 201(a)(1), title III, § 303, Nov. 15, 1990, 104 Stat. 2818, 2828; Pub. L. 102–366, title II, §§ 212, 223(a), Sept. 4, 1992, 106 Stat. 998, 1000; Pub. L. 103–81, § 9(a), Aug. 13, 1993, 107 Stat. 783; Pub. L. 103–403, title IV, §§ 402–404, Oct. 22, 1994, 108 Stat. 4190, 4191; Pub. L. 104–66, title II, § 2121, Dec. 21, 1995, 109 Stat. 730; Pub. L. 104–121, title II, § 214(a), Mar. 29, 1996, 110 Stat. 859; Pub. L. 104–208, div. D, title I, § 106, Sept. 30, 1996, 110 Stat. 3009–731; Pub. L. 105–135, title V, §§ 502, 506(a), Dec. 2, 1997, 111 Stat. 2622, 2624; Pub. L. 105–277, div. C, title IX, § 905, Oct. 21, 1998, 112 Page 1015 TITLE 15—COMMERCE AND TRADE § 648 Stat. 2681–710; Pub. L. 106–554, § 1(a)(9) [title V, § 503(e), title VIII, § 804(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–695, 2763A–703; Pub. L. 107–20, title II, § 2203(b), July 24, 2001, 115 Stat. 170; Pub. L. 108–447, div. K, title I, §§ 122, 142, Dec. 8, 2004, 118 Stat. 3449, 3454; Pub. L. 110–186, title I, § 107, Feb. 14, 2008, 122 Stat. 627; Pub. L. 111–240, title I, § 1209, Sept. 27, 2010, 124 Stat. 2536; Pub. L. 113–291, div. A, title VIII, § 823(a), Dec. 19, 2014, 128 Stat. 3436; Pub. L. 114–88, div. B, title I, § 2103(a), Nov. 25, 2015, 129 Stat. 690; Pub. L. 114–328, div. A, title XVIII, §§ 1842, 1843, Dec. 23, 2016, 130 Stat. 2663, 2664; Pub. L. 115–232, div. A, title VIII, § 862(e)(2)(B), Aug. 13, 2018, 132 Stat. 1899; Pub. L. 115–259, § 5, Oct. 9, 2018, 132 Stat. 3665; Pub. L. 115–278, § 2(h)(2), Nov. 16, 2018, 132 Stat. 4183; Pub. L. 116–283, div. A, title VIII, § 867(1), Jan. 1, 2021, 134 Stat. 3786; Pub. L. 117–263, div. G, title LXXI, § 7143(d)(9), Dec. 23, 2022, 136 Stat. 3664; Pub. L. 117–319, § 2(a), Dec. 27, 2022, 136 Stat. 4424.) Editorial Notes REFERENCES IN TEXT Section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsecs. (a)(1), (c)(2)(G), and (o)(4), is section 1841(a) of Pub. L. 114–328, div. A, title XVIII, Dec. 23, 2016, 130 Stat. 2662, which is not classified to the Code. Section 20(a), referred to in subsec. (a)(4)(C)(i)(I), (v), means section 2[20(a)] of Pub. L. 85–536, which is set out as a note under section 631 of this title. Section 312(a) of the Small Business Regulatory En- forcement Fairness Act of 1996, referred to in subsec. (c)(3)(R), probably means section 212(a) of Pub. L. 104–121, which is set out in a note under section 601 of Title 5, Government Organization and Employees, be- cause Pub. L. 104–121 does not contain a section 312. The General Schedule, referred to in subsecs. (h)(1) and (i)(2), is set out under section 5332 of Title 5. CODIFICATION October 22, 1994, referred to in subsec. (k)(1), was in the original ‘‘the date of enactment of this subsection’’, which was translated as meaning the date of enactment of Pub. L. 103–403, which amended subsec. (k) generally, to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 648 of this title, act July 30, 1953, ch. 282, title II, § 219, 67 Stat. 239, which related to require- ments for loans, was omitted as superseded by section 642 of this title. See Codification note set out under section 631 of this title. A prior section 2[21] of Pub. L. 85–536 was renumbered section 2[49] and is set out as a note under section 631 of this title. AMENDMENTS 2022—Subsec. (a)(8)(B). Pub. L. 117–263 substituted ‘‘section 650 of title 6’’ for ‘‘section 659(a) of title 6’’. Subsec. (o). Pub. L. 117–319 added subsec. (o). 2021—Subsec. (a)(1). Pub. L. 116–283, § 867(1)(A), in- serted ‘‘The previous sentence shall not apply to an ap- plicant that has its principal office located in the Com- monwealth of the Northern Mariana Islands.’’ before ‘‘The Administration shall require’’. Subsec. (a)(4)(C)(ix). Pub. L. 116–283, § 867(1)(B), sub- stituted ‘‘American Samoa, and the Commonwealth of the Northern Mariana Islands’’ for ‘‘and American Samoa’’. 2018—Subsec. (a)(8)(B). Pub. L. 115–278 substituted ‘‘section 659(a) of title 6’’ for ‘‘section 148(a) of title 6’’. Subsec. (c)(3)(U). Pub. L. 115–259 added subpar. (U) re- lating to training in conjunction with the Patent and Trademark Office. Pub. L. 115–232 added subpar. (U) relating to succes- sion planning to small business concerns with a focus on transitioning to cooperatives. 2016—Subsec. (a)(1). Pub. L. 114–328, § 1842(1), sub- stituted ‘‘providing access to business analysts who can refer small business concerns to available experts; and, to the extent practicable, providing assistance in fur- therance of the Small Business Development Center Cyber Strategy developed under section 1841(a) of the National Defense Authorization Act for Fiscal Year 2017:’’ for ‘‘and providing access to business analysts who can refer small business concerns to available ex- perts:’’. Subsec. (a)(8). Pub. L. 114–328, § 1843, added par. (8). Subsec. (c)(2)(G). Pub. L. 114–328, § 1842(2), added sub- par. (G). 2015—Subsec. (b)(3). Pub. L. 114–88 inserted par. head- ing, designated existing provisions as subpar. (A) and inserted subpar. heading, and added subpar. (B). 2014—Subsec. (c)(1). Pub. L. 113–291 inserted at end ‘‘Applicants receiving grants under this section may also assist small businesses by providing, where appro- priate, education on the requirements applicable to small businesses under the regulations issued under section 2778 of title 22 and on compliance with those re- quirements.’’ 2010—Subsec. (a)(2). Pub. L. 111–240 designated exist- ing provisions as subpar. (A), inserted par. (2) and sub- par. (A) headings, substituted ‘‘The small business de- velopment centers’’ for ‘‘The Small Business Develop- ment Centers’’, inserted ‘‘(including State trade agen- cies),’’ after ‘‘local agencies’’, and added subpars. (B) and (C). 2008—Subsec. (n). Pub. L. 110–186 added subsec. (n). 2004—Subsec. (a)(4)(C)(vii) to (ix). Pub. L. 108–447, § 122(b), added cls. (vii) and (viii), redesignated former cl. (viii) as (ix), and struck out heading and text of former cl. (vii). Text read as follows: ‘‘There is author- ized to be appropriated to carry out this subparagraph $125,000,000 for each of fiscal years 2001, 2002, and 2003.’’ Subsec. (a)(7). Pub. L. 108–447, § 142(a), added par. (7). Subsec. (c)(3)(T). Pub. L. 108–447, § 122(a), substituted ‘‘October 1, 2006’’ for ‘‘October 1, 2003’’. Subsec. (k). Pub. L. 108–447, § 142(b), substituted ‘‘Ac- creditation’’ for ‘‘Certification’’ and ‘‘accreditation’’ for ‘‘certification’’ wherever appearing in headings and text. 2001—Subsec. (a)(4)(C)(v)(II). Pub. L. 107–20 inserted ‘‘, or accompanying report language,’’ after ‘‘in appro- priations Acts’’. 2000—Subsec. (a)(4)(C). Pub. L. 106–554, § 1(a)(9) [title VIII, § 804(b)], amended heading and text of subpar. (C) generally, substituting present provisions for provi- sions providing that the amount of a grant received by a State under this section would be equal to the greater of $500,000, or the sum of the State’s pro rata share of the national program, plus $300,000 in fiscal year 1998, $400,000 in fiscal year 1999, and $500,000 in each fiscal year thereafter, provisions relating to pro rata reduc- tions, matching requirement, and exception for grants provided to a small business development center to carry out the provisions of subsection (c)(3)(G), and provisions setting forth appropriations of $85,000,000 for fiscal year 1998, $90,000,000 for fiscal year 1999, and $95,000,000 for fiscal year 2000 and each fiscal year there- after. Subsec. (c)(3)(T). Pub. L. 106–554, § 1(a)(9) [title V, § 503(e)], substituted ‘‘2003’’ for ‘‘2000’’. 1998—Subsec. (c)(3)(T). Pub. L. 105–277 added subpar. (T). 1997—Subsec. (a)(1). Pub. L. 105–135, § 502(a)(1), in- serted ‘‘any women’s business center operating pursu- ant to section 656 of this title,’’ after ‘‘credit or finance corporation,’’, ‘‘or a women’s business center operating pursuant to section 656 of this title’’ after ‘‘other than an institution of higher education’’, and ‘‘and women’s business centers operating pursuant to section 656 of this title’’ after ‘‘utilize institutions of higher edu- cation’’. Subsec. (a)(3). Pub. L. 105–135, § 502(a)(2)(A), sub- stituted ‘‘for the delivery of programs and services to Page 1016 TITLE 15—COMMERCE AND TRADE § 648 the small business community. Such programs and services shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement be- tween the Small Business Development Center appli- cant and the Administration’’ for ‘‘, but with recogni- tion that a partnership exists under this section be- tween the Administration and the applicant for the de- livery of assistance to the small business community. Services shall be provided pursuant to a negotiated co- operative agreement with full participation of both parties’’. Subsec. (a)(3)(C). Pub. L. 105–135, § 502(a)(2)(B), added subpar. (C). Subsec. (a)(4)(C)(i). Pub. L. 105–135, § 502(a)(3)(A), added cl. (i) and struck out heading and text of former cl. (i). Text read as follows: ‘‘Except as provided in clause (ii), no State receiving funds under this section shall receive a grant that exceeds— ‘‘(I) for fiscal year 1995, the sum of such State’s pro rata share of a national program based upon the pop- ulation of the State as compared to the total popu- lation in the United States, and $125,000; or ‘‘(II) in each succeeding fiscal year, the sum of such State’s pro rata share of a national program based upon the population of the State as compared to the total population in the United States, and $200,000.’’ Subsec. (a)(4)(C)(iii). Pub. L. 105–135, § 502(a)(3)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: ‘‘(iii) AMOUNT.—The amount of the national program shall be— ‘‘(I) $70,000,000 through September 30, 1996; ‘‘(II) $77,500,000 from October 1, 1996 through Sep- tember 30, 1997; and ‘‘(III) $85,000,000 beginning October 1, 1997.’’ Subsec. (a)(6)(C). Pub. L. 105–135, § 502(a)(4), added sub- par. (C). Subsec. (c)(3). Pub. L. 105–135, § 502(b)(4), redesignated closing provisions as par. (4). Former par. (4) redesig- nated (5). Subsec. (c)(3)(A). Pub. L. 105–135, § 502(b)(1)(A), sub- stituted ‘‘businesses, including—’’ for ‘‘businesses;’’ in introductory provisions and added cls. (i) to (iv). Subsec. (c)(3)(B). Pub. L. 105–135, § 502(b)(1)(B), re- aligned margins. Subsec. (c)(3)(C). Pub. L. 105–135, § 502(b)(1)(B), (C), re- aligned margins and inserted ‘‘and the Administration’’ after ‘‘Small Business Development Center’’. Subsec. (c)(3)(D) to (G), (M) to (O), (Q), (R). Pub. L. 105–135, § 502(b)(1)(B), realigned margins. Subsec. (c)(3)(S). Pub. L. 105–135, § 506(a), added sub- par. (S). Subsec. (c)(4). Pub. L. 105–135, § 502(b)(4), redesignated closing provisions of par. (3) as (4). Former par. (4) re- designated (5). Subsec. (c)(5). Pub. L. 105–135, § 502(b)(3), redesignated par. (4) as (5). Former par. (5) redesignated (6). Pub. L. 105–135, § 502(b)(2), realigned margins, sub- stituted ‘‘subsection (a)(1)’’ for ‘‘paragraph (a)(1)’’ and ‘‘whichever date occurs last,’’ for ‘‘which ever date oc- curs last,,’’. Subsec. (c)(6) to (8). Pub. L. 105–135, § 502(b)(3), redes- ignated pars. (5) to (7) as (6) to (8), respectively. Subsec. (l). Pub. L. 105–135, § 502(c), inserted at end ‘‘If any contract or cooperative agreement under this sec- tion with an entity that is covered by this section is not renewed or extended, any award of a successor con- tract or cooperative agreement under this section to another entity shall be made on a competitive basis.’’ Subsec. (m). Pub. L. 105–135, § 502(d), added subsec. (m). 1996—Subsec. (c)(3)(Q), (R). Pub. L. 104–121 added sub- pars. (Q) and (R). Subsec. (c)(7). Pub. L. 104–208, § 106(a)(2)(A), sub- stituted ‘‘Associate Administrator for Small Business Development Centers’’ for ‘‘Deputy Associate Adminis- trator of the Small Business Development Center pro- gram’’. Subsec. (h). Pub. L. 104–208, § 106(a)(1), amended sub- sec. (h) generally. Prior to amendment, subsec. (h) read as follows: ‘‘(h)(1) The Administrator shall appoint a Associate Administrator for Small Business Development Centers who shall report to an official who is not more than one level below the Office of the Administrator and who shall serve without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at a rate not less than the rate of GS–17 of the General Schedule. ‘‘(2) The sole responsibility of the Associate Adminis- trator for Small Business Development Centers shall be to administer the small business development center program. Duties of the position shall include, but are not limited to, recommending the annual program budget, reviewing the annual budgets submitted by each applicant, establishing appropriate funding levels therefore, selecting applicants to participate in this program, implementing the provisions of this section, maintaining a clearinghouse to provide for the dissemi- nation and exchange of information between small business development centers and conducting audits of recipients of grants under this section. The Associate Administrator for Small Business Development Centers shall confer with and seek the advise and counsel of the Board in carrying out the responsibilities described in this subsection.’’ Subsec. (i)(2). Pub. L. 104–208, § 106(a)(2)(B), sub- stituted ‘‘Associate Administrator for Small Business Development Centers’’ for ‘‘Deputy Associate Adminis- trator for Management Assistance’’. Subsec. (k)(3). Pub. L. 104–208, § 106(b), amended head- ing and text of par. (3) generally. Prior to amendment, text read as follows: ‘‘In extending or renewing a coop- erative agreement of a small business development cen- ter, the Administration shall consider the results of the examination and certification program conducted pur- suant to paragraphs (1) and (2).’’ Subsec. (l). Pub. L. 104–208, § 106(c), amended heading and text of subsec. (l) generally. Prior to amendment, text read as follows: ‘‘The authority to enter into con- tracts shall be in effect for each fiscal year only to the extent or in the amounts as are provided in advance in appropriations Acts. After the administration has en- tered a contract, either as a grant or a cooperative agreement, with any applicant under this section, it shall not suspend, terminate or fail to renew or extend any such contract unless the Administration provides the applicant with written notification setting forth the reasons therefor and affording the applicant an op- portunity for a hearing, appeal or other administrative proceeding under the provisions of the Administrative Procedures Act.’’ 1995—Subsec. (g). Pub. L. 104–66 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as fol- lows: ‘‘The National Aeronautics and Space Adminis- tration and industrial application centers supported by the National Aeronautics and Space Administration are authorized and directed to cooperate with small business development centers participating in this pro- gram. The National Aeronautics and Space Administra- tion shall report annually on the performance of such industrial application centers with recommendations to the Administration and the Congress on how such in- dustrial application centers can be strengthened and expanded. The National Aeronautics and Space Admin- istration shall include in its report to Congress infor- mation on the ability of industrial application centers to interact with the Nation’s small business commu- nity and recommendations to the Administration on continued funding.’’ 1994—Subsec. (a)(4). Pub. L. 103–403, § 402, amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘Except as provided in paragraph (4), the Ad- ministration shall require, as a condition to any grant (or amendment or modification thereof) made to an ap- plicant under this section that an additional amount (excluding any fees collected from recipients of such as- sistance) equal to the amount of such grant be provided from sources other than the Federal Government: Pro- Page 1017 TITLE 15—COMMERCE AND TRADE § 648 vided, That the additional amount shall not include any amount of indirect costs or in-kind contributions paid for under any Federal program, nor shall such indirect costs or in-kind contributions exceed 50 per centum of the non-Federal additional amount: Provided further, That no recipient of funds under this section shall re- ceive a grant which would exceed its pro rata share of a $70,000,000 program based upon the population to be served by the Small Business Development Center as compared to the total population of the United States, plus $100,000 for each State, but no State shall receive less than $200,000.’’ Subsec. (a)(5). Pub. L. 103–403, § 403, amended par. (5) generally, substituting present provisions for former provisions which required matching amount from non- Federal sources equal to amount of Federal grant. Subsec. (k). Pub. L. 103–403, § 404, amended subsec. (k) generally. Prior to amendment, subsec. (k) read as fol- lows: ‘‘Within six months of August 21, 1984, the Admin- istration shall develop and implement a program pro- posal for onsite evaluation of each Small Business De- velopment Center. Such evaluation shall be conducted at least once every two years and shall provide for the participation of a representative of at least one other Small Business Development Center on a cost-reim- bursement basis.’’ 1993—Subsec. (c)(7). Pub. L. 103–81 substituted ‘‘sys- tem. Subject to amounts approved in advance in appro- priations Acts, the Administration may make grants or enter cooperative agreements with one or more centers to carry out the provisions of this paragraph. Said grants or cooperative agreements shall be awarded for periods of no more than five years duration. The matching funds provisions of subsection (a) shall not be applicable to grants or cooperative agreements under this paragraph. The system shall’’ for ‘‘system which will’’ in introductory provisions. 1992—Subsec. (a)(3)(A), (B). Pub. L. 102–366, § 223(a), added subpars. (A) and (B). Subsec. (c)(3)(D) to (G). Pub. L. 102–366, § 212, redesig- nated former subpars. (E) to (G) as (D) to (F), respec- tively, added subpar. (G), and struck out former subpar. (D) which read as follows: ‘‘assisting small businesses in developing and implementing marketing and produc- tion strategies that will enable them to better compete within the domestic market;’’. 1990—Subsec. (a)(1). Pub. L. 101–515, § 6, struck out pe- riod at end of first sentence and inserted ‘‘: Provided, That after December 31, 1990, the Administration shall not make a grant to any applicant other than an insti- tution of higher education as a Small Business Devel- opment Center unless the applicant was receiving a grant (including a contract or cooperative agreement) on such date. The Administration shall require any ap- plicant for a small business development center grant with performance commencing on or after January 1, 1992 to have its own budget and to primarily utilize in- stitutions of higher education to provide services to the small business community.’’ Subsec. (a)(4). Pub. L. 101–515, § 5(a), and Pub. L. 101–574, § 201(a)(1), amended par. (4) identically, sub- stituting ‘‘Provided further, That no recipient of funds under this section shall receive a grant which would ex- ceed its pro rata share of a $70,000,000 program based upon the population to be served by the Small Business Development Center as compared to the total popu- lation of the United States, plus $100,000 for each State, but no State shall receive less than $200,000.’’ for ‘‘Pro- vided further, That no recipient of funds under this sec- tion shall receive a grant which would exceed its pro rata share of a $65,000,000 program based upon the popu- lation to be served by the Small Business Development Center as compared to the total population in the United States, or $200,000, whichever is greater.’’ Subsec. (c)(3)(M) to (P). Pub. L. 101–574, § 303, added subpars. (M) to (O) and redesignated former subpar. (M) as (P). 1988—Subsec. (a)(1). Pub. L. 100–418, § 8006(b)(1), in- serted provision relating to management and technical assistance regarding small business participation in international markets, export promotion and tech- nology transfer. Subsec. (a)(2) to (6). Pub. L. 100–418, § 8006(b)(2), (3), added par. (2), redesignated former pars. (2) to (4) as (3) to (5), respectively, and added par. (6). Subsec. (c)(3)(B) to (M). Pub. L. 100–418, § 8006(b)(4), (5), added subpars. (B) to (G), redesignated former sub- pars. (C) to (H) as (H) to (M), respectively, and struck out former subpar. (B) which read as follows: ‘‘assisting in technology transfer, research, and coupling from ex- isting sources to small businesses;’’. Subsec. (c)(5). Pub. L. 100–590, § 135(3), inserted ‘‘or the date the Administration notifies the grantee funded under subsection (a)(1) that funds are available for grant applications pursuant to subsection (a)(6), which ever date occurs last,’’ after ‘‘such center’’. Pub. L. 100–418, § 8006(b)(6), added par. (5). Subsec. (c)(6), (7). Pub. L. 100–418, § 8006(b)(6), added pars. (6) and (7). Subsecs. (d) to (g). Pub. L. 100–418, § 8006(b)(7), added subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g), respectively. Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 100–590, § 134(1), (2), which directed that subsec. (g) be amended by substituting ‘‘Associate Administrator for Small Business Development Cen- ters’’ for ‘‘Deputy Associate Administrator for Manage- ment Assistance’’ in three places, and in par. (1) by sub- stituting ‘‘an official who is not more than one level below the Office of the Administrator’’ for ‘‘the Asso- ciate Administrator for Management Assistance’’, was executed to subsec. (h) to reflect the probable intent of Congress and the intervening redesignation of subsec. (g) as (h) by section 8006(b)(7) of Pub. L. 100–418. Pub. L. 100–418, § 8006(b)(7), redesignated former sub- sec. (g) as (h). Former subsec. (h) redesignated (i). Subsecs. (i) to (k). Pub. L. 100–418, § 8006(b)(7), redesig- nated former subsecs. (h) to (j) as (i) to (k), respec- tively. Former subsec. (k) redesignated (l). Subsec. (l) Pub. L. 100–590, § 134(3), which directed that subsec. (k) be amended by inserting provisions which prohibited Administration from suspending, termi- nating or failing to renew or extend any contract with- out written notification and opportunity for hearing, appeal or other administrative proceeding, was exe- cuted to subsec. (l) to reflect the probable intent of Congress and the intervening redesignation of subsec. (k) as (l) by section 8006(b)(7) of Pub. L. 100–418. Pub. L. 100–418, § 8006(b)(7), redesignated former sub- sec. (k) as (l). 1984—Subsec. (a)(1). Pub. L. 98–395, § 2(1), inserted ‘‘The term of such grants shall be made on a calendar year basis or to coincide with the Federal fiscal year.’’ Subsec. (a)(2) to (4). Pub. L. 98–395, § 2(2), added pars. (2) to (4). Former par. (2), which contained provisions similar to par. (3), was struck out. Subsec. (b)(1). Pub. L. 98–395, § 2(3), substituted ‘‘Fi- nancial’’ for ‘‘During fiscal years 1981, 1982, and 1983, fi- nancial’’. Subsec. (c)(2). Pub. L. 98–395, § 2(4), inserted in provi- sions preceding subpar. (A) ‘‘The facilities and staff of each Small Business Development Center shall be lo- cated in such places as to provide maximum accessi- bility and benefits to the small businesses which the center is intended to serve.’’ Subsec. (c)(2)(A). Pub. L. 98–395, § 2(5), substituted ‘‘including a full-time director who shall have the au- thority to make expenditures under the center’s budget and who shall manage the program activities;’’ for ‘‘in- cluding a staff director to manage the program activi- ties.’’ Subsec. (e). Pub. L. 98–395, § 2(6), substituted provi- sions authorizing the National Science Foundation to cooperate with the Administration and with Small Business Development Centers in developing and estab- lishing programs to support the centers, for former pro- visions which related to the National Science Founda- tion and innovation centers, and reports to be made to the Administration and Congress. Subsec. (h)(2). Pub. L. 98–395, § 2(7), substituted ‘‘at least semiannually’’ for ‘‘at least quarterly’’. Page 1018 TITLE 15—COMMERCE AND TRADE § 648 Subsec. (i)(1). Pub. L. 98–395, § 2(8), substituted ‘‘shall’’ for ‘‘may’’. Subsec. (j). Pub. L. 98–395, § 2(9), substituted provi- sions mandating that the Administration develop and implement program proposals for onsite evaluation of each Small Business Development Center for provisions which related to the establishment of program evalua- tion plans and their submission to Congressional com- mittees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by Pub. L. 104–208 effective Oct. 1, 1996, see section 3 of Pub. L. 104–208, set out as a note under section 633 of this title. Amendment by Pub. L. 104–121 effective on expiration of 90 days after Mar. 29, 1996, see section 216 of Pub. L. 104–121, set out in a Small Business Regulatory Fair- ness note under section 601 of Title 5, Government Or- ganization and Employees. EFFECTIVE DATE OF 1990 AMENDMENTS Pub. L. 101–574, title II, § 201(a)(2), Nov. 15, 1990, 104 Stat. 2818, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply to contracts, grants, or cooperative agreements for per- formance commencing on or after October 1, 1991. Con- tracts, grants, or cooperative agreements the perform- ance of which commences before October 1, 1991, shall receive funding for the entire term of performance without regard to the amendment made by paragraph (1) and according to the State’s pro rata share of a $65,000,000 program as computed on the effective date of this section [Nov. 15, 1990] under population estimates used for calendar year 1990 agreements, plus $50,000 for each State, but no State shall receive less than $200,000.’’ Pub. L. 101–515, title V, § 5(c), Nov. 5, 1990, 104 Stat. 2142, provided that: ‘‘The amendments to the second proviso in subsection (a)(4) [15 U.S.C. 648(a)(4)] made by subsection (a) of this section shall apply to contracts, grants or cooperative agreements for performance com- mencing on or after October 1, 1991; contracts, grants or cooperative agreements for performance commencing prior thereto shall receive funding for the entire term of performance without regard to this amendment and according to the State’s pro rata share of a $65,000,000 program as computed on the effective date of this sec- tion [Nov. 5, 1990] under population estimates used for calendar year 1990 agreements, plus $50,000 for each State, but no State shall receive less than $200,000.’’ EFFECTIVE AND TERMINATION DATES Pub. L. 96–302, title II, § 204, July 2, 1980, 94 Stat. 848, as amended by Pub. L. 98–177, Nov. 29, 1983, 97 Stat. 1125; Pub. L. 98–395, § 4, Aug. 21, 1984, 98 Stat. 1368; Pub. L. 101–162, title V, (6), Nov. 21, 1989, 103 Stat. 1028, which provided for the repeal, effective Oct. 1, 1991, of sections 201 and 202 of Pub. L. 96–302, which enacted this section and provisions set out as a note under section 631 of this title and redesignated section 2[21] as 2[30] of Pub. L. 85–536, set out as a note under section 631 of this title, was repealed by Pub. L. 101–515, § 5(b), Nov. 5, 1990, 104 Stat. 2142, and Pub. L. 101–574, title II, § 201(b), Nov. 15, 1990, 104 Stat. 2818. Section effective Oct. 1, 1980, see section 507 of Pub. L. 96–302, set out as an Effective Date of 1980 Amend- ment note under section 631 of this title. SHORT TITLE For short title of title II of Pub. L. 96–302 as the Small Business Development Center Act of 1980, see Short Title of 1980 Amendment note set out under sec- tion 631 of this title. REGULATIONS Pub. L. 102–366, title II, § 223(b), Sept. 4, 1992, 106 Stat. 1000, as amended by Pub. L. 103–81, § 9(c), Aug. 13, 1993, 107 Stat. 783, provided that not later than 180 days after Sept. 4, 1992, the Administrator of the Small Business Administration was to submit to the Committees on Small Business and the Committees on Appropriations of the Senate and the House of Representatives pro- posed regulations for the Small Business Development Center Program authorized by this section. IMPLEMENTATION Pub. L. 117–319, § 2(b), Dec. 27, 2022, 136 Stat. 4425, pro- vided that: ‘‘Not later than 180 days after the date of enactment of this Act [Dec. 27, 2022], the Administrator of the Small Business Administration shall implement paragraphs (2), (3), and (4) of section 21(o) of the Small Business Act [15 U.S.C. 648(o)(2)–(4)], as added by sub- section (a).’’ OPPORTUNITIES FOR EMPLOYEE-OWNED BUSINESS CON- CERNS THROUGH SMALL BUSINESS ADMINISTRATION LOAN PROGRAMS Pub. L. 115–232, div. A, title VIII, § 862(a), (c)–(e)(2)(A), Aug. 13, 2018, 132 Stat. 1897–1899, provided that: ‘‘(a) DEFINITIONS.—In this Act [probably should be ‘‘section’’]— ‘‘(1) the terms ‘Administration’ and ‘Administrator’ means the Small Business Administration and the Administrator thereof, respectively; ‘‘(2) the term ‘cooperative’ means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulations; ‘‘(3) the term ‘employee-owned business concern’ means— ‘‘(A) a cooperative; and ‘‘(B) a qualified employee trust; ‘‘(4) the terms ‘qualified employee trust’ and ‘small business concern’ have the meanings given those terms in section 3 of the Small Business Act (15 U.S.C. 632); and ‘‘(5) the term ‘small business development center’ means a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648). ‘‘(c) SMALL BUSINESS INVESTMENT COMPANY PROGRAM OUTREACH.—The Administrator shall provide outreach and educational materials to companies licensed under section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) to increase the use of funds to make investments in company transitions to employee- owned business concerns. ‘‘(d) SMALL BUSINESS MICROLOAN PROGRAM OUT- REACH.—The Administrator shall provide outreach and educational materials to intermediaries under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) to in- crease the use of funds to make loans to employee- owned business concerns, including transitions to em- ployee-owned business concerns. ‘‘(e) SMALL BUSINESS DEVELOPMENT CENTER OUTREACH AND ASSISTANCE.— ‘‘(1) Establishment.—The Administrator shall es- tablish a Small Business Employee Ownership and Cooperatives Promotion Program to offer technical assistance and training on the transition to employee ownership through cooperatives and qualified em- ployee trusts. ‘‘(2) SMALL BUSINESS DEVELOPMENT CENTERS.— ‘‘(A) IN GENERAL.—In carrying out the program established under subsection (a) [probably should be ‘‘paragraph (1)’’], the Administrator shall enter into agreements with small business development centers under which the centers shall— ‘‘(i) provide access to information and resources on employee ownership through cooperatives or qualified employee trusts as a business succession strategy; Page 1019 TITLE 15—COMMERCE AND TRADE § 648c ‘‘(ii) conduct training and educational activi- ties; and ‘‘(iii) carry out the activities described in sub- paragraph (U) of section 21(c)(3) of the Small Business Act (15 U.S.C. 648(c)(3)).’’ SMALL BUSINESS TECHNOLOGY TRANSFER DEMONSTRATION PROGRAM Pub. L. 101–574, title II, § 231, Nov. 15, 1990, 104 Stat. 2823, as amended by Pub. L. 102–564, title III, § 302, Oct. 28, 1992, 106 Stat. 4262, established within the Small Business Administration a Small Business Technology Transfer Demonstration Program to demonstrate the feasibility of providing small businesses with edu- cation, training, and technical assistance with respect to technology transfer and application and provided that the Program would terminate on Sept. 30, 1995. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 648a. Repealed. Pub. L. 102–140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826 Section, Pub. L. 85–536, § 2[21A], as added Pub. L. 101–515, title V, § 9(a), Nov. 5, 1990, 104 Stat. 2144, related to Small Business Development Center Technical As- sistance Program. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL; TERMINATION OF FUNDING Pub. L. 102–140, title VI, § 609(e), Oct. 28, 1991, 105 Stat. 826, provided that: ‘‘Notwithstanding any other law, no funds shall be appropriated to carry out section 21A of the Small Business Act [15 U.S.C. 648a] after September 30, 1991, and such section is repealed October 1, 1992.’’ § 648b. Grants for SBDCs (a) In general The Administrator may make grants to small business development centers under section 648 of this title to provide targeted technical assist- ance to small business concerns seeking access to capital or credit, Federal procurement oppor- tunities, energy efficiency audits to reduce en- ergy bills, opportunities to export products or provide services to foreign customers, adopting, making innovations in, and using broadband technologies, or other assistance. (b) Allocation (1) In general Subject to paragraph (2), and notwith- standing the requirements of section 648(a)(4)(C)(iii) of this title, the amount appro- priated to carry out this section shall be allo- cated under the formula under section 648(a)(4)(C)(i) of this title. (2) Minimum funding The amount made available under this sec- tion to each State shall be not less than $325,000. (3) Types of uses Of the total amount of the grants awarded by the Administrator under this section— (A) not less than 80 percent shall be used for counseling of small business concerns; and (B) not more than 20 percent may be used for classes or seminars. (c) No non-Federal share required Notwithstanding section 648(a)(4)(A) of this title, the recipient of a grant made under this section shall not be required to provide non-Fed- eral matching funds. (d) Distribution Not later than 30 days after the date on which amounts are appropriated to carry out this sec- tion, the Administrator shall disburse the total amount appropriated. (e) Authorization of appropriations There is authorized to be appropriated to the Administrator $50,000,000 to carry out this sec- tion. (Pub. L. 111–240, title I, § 1402, Sept. 27, 2010, 124 Stat. 2550.) Editorial Notes CODIFICATION Section was enacted as part of the Small Business Jobs Act of 2010, and not as part of the Small Business Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definition of ‘‘Administrator’’ and ‘‘small busi- ness concern’’ as used in this section, see section 1001 of Pub. L. 111–240, set out as a note under section 632 of this title. § 648c. SBA and USPTO partnerships (a) In general Beginning not later than 180 days after Octo- ber 9, 2018, the Administrator, in consultation with the Director, shall develop partnership agreements that— (1) provide for the— (A) development of high-quality training, including in-person or modular training ses- sions, for small business concerns relating to domestic and international protection of in- tellectual property; (B) leveraging of training materials al- ready developed for the education of inven- tors and small business concerns; and (C) participation of a nongovernmental or- ganization; and (2) provide training— (A) through electronic resources, including Internet-based webinars; and (B) at physical locations, including— (i) a small business development center; and (ii) the headquarters or a regional office of the USPTO. (Pub. L. 115–259, § 4, Oct. 9, 2018, 132 Stat. 3664.) Editorial Notes CODIFICATION Section was enacted as part of the Small Business In- novation Protection Act of 2017, and not as part of the Small Business Act which comprises this chapter.