US (United States) Code. Title 15. Chapter 95: Microenterprise technical assistance and capacity building program

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and trade

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 11 páginas
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15 USC CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE

AND CAPACITY BUILDING PROGRAM 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

.

-HEAD-

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec.

6901. Definitions.

6902. Establishment of program.

6903. Uses of assistance.

6904. Qualified organizations.

6905. Allocation of assistance; subgrants.

(a) Allocation of assistance.

(b) Targeted assistance.

(c) Subgrants authorized.

(d) Diversity.

(e) Prohibition on preferential consideration of

certain SBA program participants.

6906. Matching requirements.

(a) In general.

(b) Sources of matching funds.

(c) Exception.

6907. Applications for assistance.

6908. Recordkeeping.

6909. Authorization.

6910. Implementation.

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15 USC Sec. 6901 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6901. Definitions

-STATUTE-

For purposes of this chapter, the following definitions shall

apply:

(1) Administration

The term ''Administration'' means the Small Business

Administration.

(2) Administrator

The term ''Administrator'' means the Administrator of the Small

Business Administration.

(3) Capacity building services

The term ''capacity building services'' means services provided

to an organization that is, or that is in the process of

becoming, a microenterprise development organization or program,

for the purpose of enhancing its ability to provide training and

services to disadvantaged entrepreneurs.

(4) Collaborative

The term ''collaborative'' means 2 or more nonprofit entities

that agree to act jointly as a qualified organization under this

chapter.

(5) Disadvantaged entrepreneur

The term ''disadvantaged entrepreneur'' means a

microentrepreneur that is -

(A) a low-income person;

(B) a very low-income person; or

(C) an entrepreneur that lacks adequate access to capital or

other resources essential for business success, or is

economically disadvantaged, as determined by the Administrator.

(6) Indian tribe

The term ''Indian tribe'' has the meaning given the term in

section 4702 of title 12.

(7) Intermediary

The term ''intermediary'' means a private, nonprofit entity

that seeks to serve microenterprise development organizations and

programs as authorized under section 6904 of this title.

(8) Low-income person

The term ''low-income person'' has the meaning given the term

in section 4702 of title 12.

(9) Microentrepreneur

The term ''microentrepreneur'' means the owner or developer of

a microenterprise.

(10) Microenterprise

The term ''microenterprise'' means a sole proprietorship,

partnership, or corporation that -

(A) has fewer than 5 employees; and

(B) generally lacks access to conventional loans, equity, or

other banking services.

(11) Microenterprise development organization or program

The term ''microenterprise development organization or

program'' means a nonprofit entity, or a program administered by

such an entity, including community development corporations or

other nonprofit development organizations and social service

organizations, that provides services to disadvantaged

entrepreneurs.

(12) Training and technical assistance

The term ''training and technical assistance'' means services

and support provided to disadvantaged entrepreneurs, such as

assistance for the purpose of enhancing business planning,

marketing, management, financial management skills, and

assistance for the purpose of accessing financial services.

(13) Very low-income person

The term ''very low-income person'' means having an income,

adjusted for family size, of not more than 150 percent of the

poverty line (as defined in section 9902(2) of title 42,

including any revision required by that section).

-SOURCE-

(Pub. L. 103-325, title I, Sec. 172, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1472.)

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SHORT TITLE

Pub. L. 103-325, title I, Sec. 171, as added by Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1471, provided that:

''This subtitle (subtitle C (Sec. 171-181) of title I of Pub. L.

103-325, as added by Pub. L. 106-102, enacting this chapter) may be

cited as the 'Program for Investment in Microentrepreneurs Act of

1999', also referred to as the 'PRIME Act'.''

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15 USC Sec. 6902 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6902. Establishment of program

-STATUTE-

The Administrator shall establish a microenterprise technical

assistance and capacity building grant program to provide

assistance from the Administration in the form of grants to

qualified organizations in accordance with this chapter.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 173, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1473.)

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15 USC Sec. 6903 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6903. Uses of assistance

-STATUTE-

A qualified organization shall use grants made under this chapter

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(1) to provide training and technical assistance to

disadvantaged entrepreneurs;

(2) to provide training and capacity building services to

microenterprise development organizations and programs and groups

of such organizations to assist such organizations and programs

in developing microenterprise training and services;

(3) to aid in researching and developing the best practices in

the field of microenterprise and technical assistance programs

for disadvantaged entrepreneurs; and

(4) for such other activities as the Administrator determines

are consistent with the purposes of this chapter.

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(Pub. L. 103-325, title I, Sec. 174, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1473.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6905 of this title.

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15 USC Sec. 6904 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

-HEAD-

Sec. 6904. Qualified organizations

-STATUTE-

For purposes of eligibility for assistance under this chapter, a

qualified organization shall be -

(1) a nonprofit microenterprise development organization or

program (or a group or collaborative thereof) that has a

demonstrated record of delivering microenterprise services to

disadvantaged entrepreneurs;

(2) an intermediary;

(3) a microenterprise development organization or program that

is accountable to a local community, working in conjunction with

a State or local government or Indian tribe; or

(4) an Indian tribe acting on its own, if the Indian tribe can

certify that no private organization or program referred to in

this paragraph exists within its jurisdiction.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 175, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1473.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6901 of this title.

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15 USC Sec. 6905 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6905. Allocation of assistance; subgrants

-STATUTE-

(a) Allocation of assistance

(1) In general

The Administrator shall allocate assistance from the

Administration under this chapter to ensure that -

(A) activities described in section 6903(1) of this title are

funded using not less than 75 percent of amounts made available

for such assistance; and

(B) activities described in section 6903(2) of this title are

funded using not less than 15 percent of amounts made available

for such assistance.

(2) Limit on individual assistance

No single person may receive more than 10 percent of the total

funds appropriated under this chapter in a single fiscal year.

(b) Targeted assistance

The Administrator shall ensure that not less than 50 percent of

the grants made under this chapter are used to benefit very

low-income persons, including those residing on Indian

reservations.

(c) Subgrants authorized

(1) In general

A qualified organization receiving assistance under this

chapter may provide grants using that assistance to qualified

small and emerging microenterprise organizations and programs,

subject to such rules and regulations as the Administrator

determines to be appropriate.

(2) Limit on administrative expenses

Not more than 7.5 percent of assistance received by a qualified

organization under this chapter may be used for administrative

expenses in connection with the making of subgrants under

paragraph (1).

(d) Diversity

In making grants under this chapter, the Administrator shall

ensure that grant recipients include both large and small

microenterprise organizations, serving urban, rural, and Indian

tribal communities serving diverse populations.

(e) Prohibition on preferential consideration of certain SBA

program participants

In making grants under this chapter, the Administrator shall

ensure that any application made by a qualified organization that

is a participant in the program established under section 636(m) of

this title does not receive preferential consideration over

applications from other qualified organizations that are not

participants in such program.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 176, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1473.)

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15 USC Sec. 6906 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6906. Matching requirements

-STATUTE-

(a) In general

Financial assistance under this chapter shall be matched with

funds from sources other than the Federal Government on the basis

of not less than 50 percent of each dollar provided by the

Administration.

(b) Sources of matching funds

Fees, grants, gifts, funds from loan sources, and in-kind

resources of a grant recipient from public or private sources may

be used to comply with the matching requirement in subsection (a)

of this section.

(c) Exception

(1) In general

In the case of an applicant for assistance under this chapter

with severe constraints on available sources of matching funds,

the Administrator may reduce or eliminate the matching

requirements of subsection (a) of this section.

(2) Limitation

Not more than 10 percent of the total funds made available from

the Administration in any fiscal year to carry out this chapter

may be excepted from the matching requirements of subsection (a)

of this section, as authorized by paragraph (1) of this

subsection.

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(Pub. L. 103-325, title I, Sec. 177, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1474.)

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15 USC Sec. 6907 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6907. Applications for assistance

-STATUTE-

An application for assistance under this chapter shall be

submitted in such form and in accordance with such procedures as

the Administrator shall establish.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 178, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1474.)

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15 USC Sec. 6908 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

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Sec. 6908. Recordkeeping

-STATUTE-

The requirements of section 4714 of title 12 shall apply to a

qualified organization receiving assistance from the Administration

under this chapter as if it were a community development financial

institution receiving assistance from the Fund under subtitle A.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 179, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1474.)

-REFTEXT-

REFERENCES IN TEXT

Subtitle A, referred to in text, is subtitle A (Sec. 101-121) of

title I of Pub. L. 103-325, Sept. 23, 1994, 108 Stat. 2163, known

as the Community Development Banking and Financial Institutions Act

of 1994, which is classified principally to subchapter I (Sec. 4701

et seq.) of chapter 47 of Title 12, Banks and Banking. For complete

classification of subtitle A to the Code, see Short Title note set

out under section 4701 of Title 12 and Tables.

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15 USC Sec. 6909 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

-HEAD-

Sec. 6909. Authorization

-STATUTE-

In addition to funds otherwise authorized to be appropriated to

the Fund to carry out this title, (FOOTNOTE 1) there are authorized

to be appropriated to the Administrator to carry out this chapter -

(FOOTNOTE 1) See References in Text note below.

(1) $15,000,000 for fiscal year 2000;

(2) $15,000,000 for fiscal year 2001;

(3) $15,000,000 for fiscal year 2002; and

(4) $15,000,000 for fiscal year 2003.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 180, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1474.)

-REFTEXT-

REFERENCES IN TEXT

This title, referred to in text, is title I of Pub. L. 103-325,

Sept. 23, 1994, 108 Stat. 2163. Subtitle A (Sec. 101-121) of title

I, known as the Community Development Banking and Financial

Institutions Act of 1994, is classified principally to subchapter I

(Sec. 4701 et seq.) of chapter 47 of Title 12, Banks and Banking.

Subtitle B (Sec. 151-158) of title I, known as the Home Ownership

and Equity Protection Act of 1994, enacted sections 1639 and 1648

of this title, amended sections 1602, 1604, 1610, 1640, 1641, and

1647 of this title, and enacted provisions set out as notes under

sections 1601 and 1602 of this title. Subtitle C (Sec. 171-181) of

title I, known as the Program for Investment in Microentrepreneurs

Act of 1999 or PRIME Act, is classified generally to this chapter.

For complete classification of title I of Pub. L. 103-325 to the

Code, see Tables.

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15 USC Sec. 6910 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 95 - MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY

BUILDING PROGRAM

-HEAD-

Sec. 6910. Implementation

-STATUTE-

The Administrator shall, by regulation, establish such

requirements as may be necessary to carry out this chapter.

-SOURCE-

(Pub. L. 103-325, title I, Sec. 181, as added Pub. L. 106-102,

title VII, Sec. 725, Nov. 12, 1999, 113 Stat. 1475.)

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