15 U.S.C. § 9006 — Direct appropriations

Page 2479 TITLE 15—COMMERCE AND TRADE § 9006 1 See References in Text note below. (iii) the number of unique covered small business concerns that were served by the Administration and resource partners; and (iv) other relevant outcome performance data with respect to covered small busi- ness concerns, including the number of employees affected, the effect on sales, the disruptions of supply chains, and the ef- forts made by the Administration and re- source partners to mitigate these effects; and (B) with respect to the grant program under subsection (c)— (i) the efforts of the Administrator and the association or associations to develop and evolve an online resource for small business concerns; and (ii) the efforts of the Administrator and the association or associations to develop a training program for resource partner counselors, including the number of coun- selors trained. (Pub. L. 116–136, div. A, title I, § 1103, Mar. 27, 2020, 134 Stat. 294; Pub. L. 116–260, div. N, title III, § 346(a), Dec. 27, 2020, 134 Stat. 2051.) Editorial Notes AMENDMENTS 2020—Subsec. (b)(3)(A). Pub. L. 116–260 designated ex- isting provisions as cl. (i), inserted heading, and added cl. (ii). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. N, title III, § 346(b), Dec. 27, 2020, 134 Stat. 2052, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall be effec- tive as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).’’ § 9003. State Trade Expansion Program (a) In general Notwithstanding paragraph (3)(C)(iii) of sec- tion 649(l) of this title, for grants under the State Trade Expansion Program under such sec- tion 649(l) of this title using amounts made available for fiscal year 2018 or fiscal year 2019, the period of the grant shall continue through the end of fiscal year 2021. (b) Reimbursement The Administrator shall reimburse any recipi- ent of assistance under section 649(l) of this title for financial losses relating to a foreign trade mission or a trade show exhibition that was can- celled solely due to a public health emergency declared due to COVID–19 if the reimbursement does not exceed a recipient’s grant funding. (Pub. L. 116–136, div. A, title I, § 1104, Mar. 27, 2020, 134 Stat. 297.) § 9004. Waiver of matching funds requirement under the Women’s Business Center program During the period beginning on March 27, 2020, and ending on June 30, 2021, the requirement re- lating to obtaining cash contributions from non- Federal sources under section 656(c)(1) of this title is waived for any recipient of assistance under such section 656 of this title. (Pub. L. 116–136, div. A, title I, § 1105, Mar. 27, 2020, 134 Stat. 297; Pub. L. 116–260, div. N, title III, § 345(a), Dec. 27, 2020, 134 Stat. 2051.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260 substituted ‘‘the period begin- ning on March 27, 2020, and ending on June 30, 2021’’ for ‘‘the 3-month period beginning on March 27, 2020’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. N, title III, § 345(b), Dec. 27, 2020, 134 Stat. 2051, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).’’ § 9005. Transferred Editorial Notes CODIFICATION Section, Pub. L. 116–136, div. A, title I, § 1106, Mar. 27, 2020, 134 Stat. 297; Pub. L. 116–142, § 3(b), June 5, 2020, 134 Stat. 641, which related to loan forgiveness, was renum- bered as section 7A of Pub. L. 85–536 by Pub. L. 116–260, div. N, title III, § 304(b)(1)(A), Dec. 27, 2020, 134 Stat. 1993, and transferred to section 636m of this title. § 9006. Direct appropriations (a) In general There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fis- cal year ending September 30, 2020, to remain available until September 30, 2021, for additional amounts— (1) $670,335,000,000 under the heading ‘‘Small Business Administration—Business Loans Pro- gram Account, CARES Act’’ for the cost of guaranteed loans as authorized under para- graph (36) of section 636(a) of this title, as added by section 1102(a) of this Act; (2) $675,000,000 under the heading ‘‘Small Business Administration—Salaries and Ex- penses’’ for salaries and expenses of the Ad- ministration; (3) $25,000,000 under the heading ‘‘Small Busi- ness Administration—Office of Inspector Gen- eral’’, to remain available until September 30, 2024, for necessary expenses of the Office of In- spector General of the Administration in car- rying out the provisions of the Inspector Gen- eral Act of 1978 (5 U.S.C. App.); 1 (4) $265,000,000 under the heading ‘‘Small Business Administration—Entrepreneurial De- velopment Programs’’, of which— (A) $240,000,000 shall be for carrying out section 9002(b) of this title; and (B) $25,000,000 shall be for carrying out sec- tion 9002(c) of this title; (5) $10,000,000 under the heading ‘‘Depart- ment of Commerce—Minority Business Devel- opment Agency’’ for minority business centers of the Minority Business Development Agency to provide technical assistance to small busi- ness concerns; (6) $10,000,000,000 under the heading ‘‘Small Business Administration—Emergency EIDL Page 2480 TITLE 15—COMMERCE AND TRADE § 9007 Grants’’ shall be for carrying out section 9009 of this title; (7) $17,000,000,000 under the heading ‘‘Small Business Administration—Business Loans Pro- gram Account, CARES Act’’ shall be for car- rying out section 9011 of this title; and (8) $25,000,000 under the heading ‘‘Depart- ment of the Treasury—Departmental Offices— Salaries and Expenses’’ shall be for carrying out section 9008 of this title. (b) Secondary market During the period beginning on March 27, 2020, and ending on September 30, 2021, guarantees of trust certificates authorized by section 634(g) of this title with respect to loans under any para- graph of section 636(a) of this title shall not ex- ceed a principal amount of $100,000,000,000. (c) Reports Not later than 180 days after March 27, 2020, the Administrator shall submit to the Com- mittee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a detailed expenditure plan for using the amounts appropriated to the Adminis- tration under subsection (a). (Pub. L. 116–136, div. A, title I, § 1107, Mar. 27, 2020, 134 Stat. 301; Pub. L. 116–139, div. A, § 101(a)(2), Apr. 24, 2020, 134 Stat. 620; Pub. L. 116–260, div. N, title III, § 323(b), Dec. 27, 2020, 134 Stat. 2019.) Editorial Notes REFERENCES IN TEXT The CARES Act, referred to in subsec. (a)(1), (7), is Pub. L. 116–136, Mar. 27, 2020, 134 Stat. 281, also known as the Coronavirus Aid, Relief, and Economic Security Act. For complete classification of this Act to the Code, see Short Title note set out under section 9001 of this title and Tables. Section 1102(a) of this Act, referred to in subsec. (a)(1), means section 1102(a) of div. A of Pub. L. 116–136. The Inspector General Act of 1978, referred to in sub- sec. (a)(3), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–139 substituted ‘‘$670,335,000,000’’ for ‘‘$349,000,000,000’’. Subsec. (b). Pub. L. 116–260 inserted ‘‘with respect to loans under any paragraph of section 636(a) of this title’’ before ‘‘shall not exceed’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective on Dec. 27, 2020, and applicable to loans and grants made on or after Dec. 27, 2020, see section 348 of Pub. L. 116–260, set out as a note under section 636 of this title. § 9007. Minority Business Development Agency (a) Definitions In this section— (1) the term ‘‘Agency’’ means the Minority Business Development Agency of the Depart- ment of Commerce; (2) the term ‘‘minority business center’’ means a Business Center of the Agency; (3) the term ‘‘minority business enterprise’’ means a for-profit business enterprise— (A) not less than 51 percent of which is owned by 1 or more socially disadvantaged individuals, as determined by the Agency; and (B) the management and daily business op- erations of which are controlled by 1 or more socially disadvantaged individuals, as deter- mined by the Agency; and (4) the term ‘‘minority chamber of com- merce’’ means a chamber of commerce devel- oped specifically to support minority business enterprises. (b) Education, training, and advising grants (1) In general The Agency may provide financial assist- ance in the form of grants to minority busi- ness centers and minority chambers of com- merce to provide education, training, and ad- vising to minority business enterprises. (2) Use of funds Grants under this section shall be used for the education, training, and advising of minor- ity business enterprises and their employees on— (A) accessing and applying for resources provided by the Agency and other Federal resources relating to access to capital and business resiliency; (B) the hazards and prevention of the transmission and communication of COVID–19 and other communicable diseases; (C) the potential effects of COVID–19 on the supply chains, distribution, and sale of products of minority business enterprises and the mitigation of those effects; (D) the management and practice of telework to reduce possible transmission of COVID–19; (E) the management and practice of re- mote customer service by electronic or other means; (F) the risks of and mitigation of cyber threats in remote customer service or telework practices; (G) the mitigation of the effects of reduced travel or outside activities on minority busi- ness enterprises during COVID–19 or similar occurrences; and (H) any other relevant business practices necessary to mitigate the economic effects of COVID–19 or similar occurrences. (3) No matching funds required Matching funds shall not be required for any grant under this section. (4) Goals and metrics (A) In general Goals and metrics for the funds made available under this section shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, between the minority business centers, minority chambers of commerce, and the Agency, which shall—