15 U.S.C. § 653 — Office of Rural Affairs

Page 1036 TITLE 15—COMMERCE AND TRADE § 653 countries for management and technical as- sistance; (B) evaluate appropriate Small Business Development Center-programs which might be replicated in order to meet the needs of each of such countries; and (C) identify and assess the capability of educational institutions in each such coun- try to develop a Small Business Develop- ment Center type program. (2) Not later than 18 months after November 5, 1990, the Commission shall review the rec- ommendations submitted to it and shall for- mulate and contract for the establishment of a three-year management and technical assist- ance demonstration program. (c) Eligibility In order to be eligible to participate, the edu- cational institution in each designated Central European country shall— (1) obtain the prior approval of the govern- ment to conduct the program; (2) agree to provide partial financial support for the program, either directly or indirectly, during the second and third years of the dem- onstration program; and (3) agree to obtain private sector involve- ment in the delivery of assistance under the program. (d) Initial meeting and organization The Commission shall meet and organize not later than 30 days after November 5, 1990. (e) Reimbursement for necessary expenses Members of the Commission shall serve with- out pay, except they shall be entitled to reim- bursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their functions in the same manner as per- sons employed intermittently in the Federal Government are allowed expenses under section 5703 of title 5. (f) Meetings; quorum Two Commissioners shall constitute a quorum for the transaction of business. Meetings shall be at the call of the Chairperson who shall be elected by the Members of the Commission. (g) Authority; personnel The Commission shall not have any authority to appoint staff, but upon request of the Chair- person, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist in carrying out the Commission’s functions under this section with- out regard to section 3341 of title 5. The Admin- istrator of the General Services Administration shall provide, on a reimbursable basis, such ad- ministrative support services as the Commission may request. (h) Initial and annual reports to Congress The Commission shall report to Congress not later than December 1, 1991, and annually there- after, on the progress in carrying out the provi- sions of this section. (i) Authorization of appropriations There are hereby authorized to be appro- priated to the Small Business Administration the sum of $3,000,000 for fiscal year 1991, $5,000,000 for fiscal year 1992, $2,000,000 for each of fiscal years 1993 and 1994, and $1,000,000 for fis- cal year 1995 to carry out the provisions of this section. Such sums shall be disbursed by the Small Business Administration as requested by the Commission and may remain available until expended. Any authority to enter contracts or other spending authority provided for in this section is subject to amounts provided for in ad- vance in appropriations Acts. (Pub. L. 85–536, § 2[25], as added Pub. L. 101–515, title V, § 7, Nov. 5, 1990, 104 Stat. 2142; amended Pub. L. 103–81, § 9(b), Aug. 13, 1993, 107 Stat. 783; Pub. L. 103–403, title IV, § 405, Oct. 22, 1994, 108 Stat. 4192.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–403 substituted ‘‘, $2,000,000 for each of fiscal years 1993 and 1994, and $1,000,000 for fiscal year 1995’’ for ‘‘and $2,000,000 for each of fiscal years 1993 and 1994’’. 1993—Subsec. (i). Pub. L. 103–81 substituted ‘‘$2,000,000 for each of fiscal years 1993 and 1994’’ for ‘‘$8,000,000 for fiscal year 1993’’. § 653. Office of Rural Affairs (a) Establishment There is hereby established in the Small Busi- ness Administration an Office of Rural Affairs (hereafter in this section referred to as the ‘‘Of- fice’’). (b) Appointment of director The Office shall be headed by a director who shall be appointed by the Administrator not later than 90 days after November 15, 1990. (c) Functions The Office shall— (1) strive to achieve an equitable distribu- tion of the financial assistance available from the Administration for small business con- cerns located in rural areas; (2) to the extent practicable, compile annual statistics on rural areas, including statistics concerning the population, poverty, job cre- ation and retention, unemployment, business failures, and business startups; (3) provide information to industries, organi- zations, and State and local governments con- cerning the assistance available to rural small business concerns through the Administration and through other Federal departments and agencies; (4) provide information to industries, organi- zations, educational institutions, and State and local governments concerning programs administered by private organizations, edu- cational institutions, and Federal, State, and local governments which improve the eco- nomic opportunities of rural citizens; and (5) work with the United States Tourism and Travel Administration to assist small busi- nesses in rural areas with tourism promotion and development. (Pub. L. 85–536, § 2[26], as added Pub. L. 101–574, title III, § 302, Nov. 15, 1990, 104 Stat. 2827.) Page 1037 TITLE 15—COMMERCE AND TRADE § 654 Statutory Notes and Related Subsidiaries CATALOG OF PROGRAMS TO ASSIST RURAL SMALL BUSINESS CONCERNS Pub. L. 101–574, title III, § 304, Nov. 15, 1990, 104 Stat. 2829, required the Small Business Administration to compile a catalog of programs administered by Federal and State departments and agencies which offer assist- ance to small business concerns in rural areas by no later than 180 days after Nov. 15, 1990, and to issue up- dates of the catalog by Feb. 1, 1993, and Feb. 1, 1995. RURAL SMALL BUSINESS CONFERENCES Pub. L. 101–574, title III, § 306, Nov. 15, 1990, 104 Stat. 2829, provided that: ‘‘(a) IN GENERAL.—The Chief Counsel for Advocacy of the Small Business Administration shall, as soon as practicable after the catalog (described in section 305 [probably means section 304, set out above] and herein- after referred to as the ‘catalog’) is issued, but not later than 90 days after the date such catalog is issued, convene regional rural conferences in 5 cities or towns in the United States. ‘‘(b) PREPARATIONS.—Prior to the conferences, the Of- fice of Advocacy shall— ‘‘(1) select the sites for the conferences in order to encourage the maximum participation of all inter- ested parties including private citizens and represent- atives of business, government, educational and non- profit institutions; and ‘‘(2) distribute the catalog of programs and such other background materials prepared by the Office of Advocacy as the Chief Counsel deems appropriate. ‘‘(c) PURPOSES OF THE CONFERENCES.—The conference shall— ‘‘(1) review the effectiveness of current Federal pro- grams to promote rural small business and its needs, with particular reference to the catalog of such pro- grams; ‘‘(2) review how current Federal programs could be made more accessible to small businesses located in rural areas; ‘‘(3) make recommendations on how current pro- grams can be approved to better address small busi- ness needs in rural areas; ‘‘(4) review the availability and cost of capital, transportation, and telecommunications in rural areas; ‘‘(5) review the availability of technical assistance and training programs for small business needs in rural areas, including marketing, computer training, accounting, financing, and international trade; and ‘‘(6) determine any additional needs of small busi- nesses in rural areas. ‘‘(d) REPORT.—The Chief Counsel for Advocacy shall prepare a summary of the findings and recommenda- tions of each regional conference. Not later than 60 days after the last of the 5 regional conferences have been held, the Chief Counsel for Advocacy shall trans- mit such summaries to the Congress and the President, along with conclusions and recommendations, includ- ing specific legislative proposals and recommendations for administrative or other actions. The transmittal of the required information shall be deemed a report of the Chief Counsel for Advocacy under the terms and conditions of section 206 of Public Law 94–305 [15 U.S.C. 634f]. To the extent practicable, the report shall esti- mate the cost of implementing each recommendation of a regional conference as well as those of the Chief Counsel.’’ RURAL TOURISM TRAINING PROGRAM Pub. L. 101–574, title III, § 311, Nov. 15, 1990, 104 Stat. 2832, provided that: ‘‘The Chief Counsel for Advocacy of the Small Business Administration shall conduct train- ing sessions on the types of Federal assistance avail- able for the development of rural small businesses en- gaged in tourism and tourism-related activities. Such training sessions shall be conducted in conjunction with the Office of Rural Affairs (established pursuant to section 26 of the Small Business Act [15 U.S.C. 653]) and appropriate personnel designated by each district office of the Administration.’’ § 654. Paul D. Coverdell drug-free workplace pro- gram (a) Definitions In this section: (1) Drug-free workplace program The term ‘‘drug-free workplace program’’ means a program that includes— (A) a written policy, including a clear statement of expectations for workplace be- havior, prohibitions against reporting to work or working under the influence of ille- gal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of vio- lating those expectations and prohibitions; (B) drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents; (C) employee illegal drug testing, with analysis conducted by a drug testing labora- tory certified by the Substance Abuse and Mental Health Services Administration, or approved by the College of American Pa- thologists for forensic drug testing, and a re- view of each positive test result by a med- ical review officer; (D) employee access to an employee assist- ance program, including confidential assess- ment, referral, and short-term problem reso- lution; and (E) continuing alcohol and drug abuse pre- vention education. (2) Eligible intermediary The term ‘‘eligible intermediary’’ means an organization— (A) that has not less than 2 years of experi- ence in carrying out drug-free workplace programs; (B) that has a drug-free workplace policy in effect; (C) that is located in a State, the District of Columbia, or a territory of the United States; and (D)(i) the purpose of which is— (I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or (II) to provide other forms of assistance and services to small business concerns; or (ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leader- ship Act of 1988 (21 U.S.C. 1521 et seq.). (3) Employee The term ‘‘employee’’ includes any— (A) applicant for employment; (B) employee; (C) supervisor; (D) manager; (E) officer of a small business concern who is active in management of the concern; and (F) owner of a small business concern who is active in management of the concern.