Pub. L. 111-240, tit. I, subtit. D, sec. 1401 (as amended)

MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS.

Year: 2021Length: 854 wordsOfficial source
SEC. 1401. MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS. (a) Microloan Program.—Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is amended— (1) in paragraph (3)(B)— (A) by striking “As a condition” and inserting the following: “(i) In general. Subject to clause (ii), as a condition” ; (B) by striking “the Administration” and inserting “the Administrator”; and (C) by adding at the end the following: “(ii) Waiver of non-federal share. “(I) In general. Upon request by an intermediary, and in accordance with this clause, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under clause (i) for a fiscal year. The Administrator may waive the requirement to obtain non-Federal funds under this clause for successive fiscal years. “(II) Considerations. In determining whether to waive the requirement to obtain non-Federal funds under this clause, the Administrator shall consider— “(aa) the economic conditions affecting the intermediary; “(bb) the impact a waiver under this clause would have on the credibility of the microloan program under this subsection; “(cc) the demonstrated ability of the intermediary to raise non-Federal funds; and “(dd) the performance of the intermediary. “(III) Limitations. “(aa) In general. The Administrator may not waive the requirement to obtain non-Federal funds under this clause if granting the waiver would undermine the credibility of the microloan program under this subsection. “(bb) Sunset. The Administrator may not waive the requirement to obtain non-Federal funds under this clause for fiscal year 2013 or any fiscal year thereafter.” ; and (2) in paragraph (4)(B)— (A) by striking “As a condition” and all that follows through “the Administration shall require” and inserting the following: “(i) In general. Subject to clause (ii), as a condition of a grant made under subparagraph (A), the Administrator shall require” ; and (B) by adding at the end the following: “(ii) Waiver of non-federal share. “(I) In general. Upon request by an intermediary, and in accordance with this clause, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under clause (i) for a fiscal year. The Administrator may waive the requirement to obtain non-Federal funds under this clause for successive fiscal years. “(II) Considerations. In determining whether to waive the requirement to obtain non-Federal funds under this clause, the Administrator shall consider— “(aa) the economic conditions affecting the intermediary; “(bb) the impact a waiver under this clause would have on the credibility of the microloan program under this subsection; “(cc) the demonstrated ability of the intermediary to raise non-Federal funds; and “(dd) the performance of the intermediary. “(III) Limitations. “(aa) In general. The Administrator may not waive the requirement to obtain non-Federal funds under this clause if granting the waiver would undermine the credibility of the microloan program under this subsection. “(bb) Sunset. The Administrator may not waive the requirement to obtain non-Federal funds under this clause for fiscal year 2013 or any fiscal year thereafter.” . (b) Women’s Business Center Program.—Section 29(c) of the Small Business Act (15 U.S.C. 656(c)) is amended— (1) in paragraph (1), by striking “As a condition” and inserting “Subject to paragraph (5), as a condition”; and (2) by adding at the end the following: “(5) Waiver of non-federal share relating to technical assistance and counseling. “(A) In general. Upon request by a recipient organization, and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain non-Federal funds under this subsection for the technical assistance and counseling activities of the recipient organization carried out using financial assistance under this section for a fiscal year. The Administrator may waive the requirement to obtain non-Federal funds under this paragraph for successive fiscal years. “(B) Considerations. In determining whether to waive the requirement to obtain non-Federal funds under this paragraph, the Administrator shall consider— “(i) the economic conditions affecting the recipient organization; “(ii) the impact a waiver under this clause would have on the credibility of the women’s business center program under this section; “(iii) the demonstrated ability of the recipient organization to raise non-Federal funds; and “(iv) the performance of the recipient organization. “(C) Limitations. “(i) In general. The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph if granting the waiver would undermine the credibility of the women’s business center program under this section. “(ii) Sunset. The Administrator may not waive the requirement to obtain non-Federal funds under this paragraph for fiscal year 2013 or any fiscal year thereafter.” . (c) Prospective Repeals.—Effective October 1, 2012, the Small Business Act (15 U.S.C. 631 et seq.) is amended— (1) in section 7(m) (15 U.S.C. 636(m))— (A) in paragraph (3)(B)— (i) by striking “Intermediary contribution.—” and all that follows through “Subject to clause (ii), as” and inserting “Intermediary contribution.—As”; and (ii) by striking clause (ii); and (B) in paragraph (4)(B)— (i) by striking “Contribution.—” and all that follows through “Subject to clause (ii), as” and inserting “Contribution.—As”; and (ii) by striking clause (ii); and (2) in section 29(c) (15 U.S.C. 656(c))— (A) in paragraph (1), by striking “Subject to paragraph (5), as” and inserting “As”; and (B) by striking paragraph (5).
Pub. L. 111-240, tit. I, subtit. D, sec. 1401 (as amended): MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS. | Justis AI