Pub. L. 108-447, div. K, tit. I, subtit. C, sec. 132

GIFTS AND CO-SPONSORSHIP OF EVENTS.

EnactedYear: 2004Length: 578 wordsOfficial source
SEC. 132. GIFTS AND CO-SPONSORSHIP OF EVENTS.(a) In General.—Section 4 of the Small Business Act (15 U.S.C. 633) is amended by adding at the end the following:“(g) Gifts.—“(1) In general.—The Administrator may, for purposes of this Act, the Small Business Investment Act of 1954, and title IV of the Women’s Business Ownership Act of 1988, solicit, accept, hold, administer, utilize, and dispose of gifts, devises, and bequests of cash, property (including tangible, intangible, real, and personal), subsistence, and services. Notwithstanding any other provision of law, the Administrator may utilize gifts, devises, or bequests for marketing and outreach activities, including the cost of promotional materials and wearing apparel.“(2) Audits.—Any gift, devise, or bequest of cash accepted by the Administrator shall be held in a separate account and shall be subject to semi-annual audits by the Inspector General of the Administration who shall report his findings to the Congress.“(3) Conflicts of interest.—No gift, devise, or bequest shall be solicited or accepted under the authority of this subsection if such solicitation or acceptance would, in the determination of the General Counsel, create a conflict of interest.“(4) Acceptance of services and facilities for disaster loan program.—The Administrator may accept the services and facilities of Federal, State, and local agencies and groups, both public and private, and utilize such gratuitous services and facilities as may, from time to time, be necessary, to further the objectives of section 7(b).“(h) Co-Sponsorship of Events.—“(1) Authorization.—The Administrator, after consultation with the General Counsel, may provide assistance for the benefit of small business through Administration-sponsored activities, through cosponsored activities with any eligible entity, or through such other activities that the Administrator determines to be appropriate, including recognition events.“(2) Eligible entity.—For purposes of this subsection, the term ‘eligible entity’ means any for-profit or not-for-profit entity, any Federal, State, or local government official, or any Federal, State, or local government entity.118 STAT. 3453“(3) Prohibition on endorsements.—The Administrator shall ensure that the Administration and any eligible entities that cosponsor activities receive appropriate recognition for such cosponsorship, and that such recognition does not constitute or imply an endorsement by the Administration of any product or service of such entity.“(4) Authority to charge fees.—Notwithstanding any other provision of law, the Administrator may charge a participant in any activity sponsored or cosponsored by the Administration a minimal fee, and retain and use such fee to cover the costs of such activity.“(5) Limited delegation.—The Administrator may not delegate the authority described in this subsection except to the Deputy Administrator, an Associate Administrator, or an Assistant Administrator.“(6) Report to congress.—The Inspector General of the Administration shall report semi-annually to Congress on the Administrator’s use of authority under this subsection.“(7) Rulemaking.—Not later than 180 days after the date of enactment of this subsection, the Administrator shall promulgate regulations to carry out the provisions of this subsection.”.(b) Conforming Amendments.—Section 8(b)(1)(A) of the Small Business Act (15 U.S.C. 637(b)(1)(A)) is amended—(1) by striking clause (ii);(2) by striking “(1)(A) to provide—” and all that follows through “business concerns—” and inserting the following:“(1)(A) to provide technical, managerial, and informational aids to small business concerns—”;(3) by redesignating subclauses (I) through (IV) as clauses (i) through (iv), respectively;(4) by redesignating items (aa) and (bb) of clause (ii), as so redesignated by paragraph (3), as subclauses (I) and (II), respectively; and(5) by striking “; and” at the end of clause (iv), as so redesignated by paragraph (3), and inserting a period.(c) Sunset Provision.—The amendments made by this section are repealed on October 1, 2006.
Pub. L. 108-447, div. K, tit. I, subtit. C, sec. 132: GIFTS AND CO-SPONSORSHIP OF EVENTS. | Justis AI