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Title 15 — Commerce and Trade

Chapter 116 — Coronavirus Economic Stabilization (cares Act)

§ 9002. Entrepreneurial development

Statutory text

(a)

Definitions

In this section—

(1)

the term “covered small business concern” means a small business concern that has experienced, as a result of COVID–19—

(A)

supply chain disruptions, including changes in—

(i)

quantity and lead time, including the number of shipments of components and delays in shipments;

(ii)

quality, including shortages in supply for quality control reasons; and

(iii)

technology, including a compromised payment network;

(B)

staffing challenges;

(C)

a decrease in gross receipts or customers; or

(D)

a closure;

(2)

the term “resource partner” means—

(A)

a small business development center; and

(B)

a women’s business center;

(3)

the term “small business development center” has the meaning given the term in section 632 of this title; and

(4)

the term “women’s business center” means a women’s business center described in section 656 of this title.

(b)

Education, training, and advising grants

(1)

In general

The Administration may provide financial assistance in the form of grants to resource partners to provide education, training, and advising to covered small business concerns.

(2)

Use of funds

Grants under this subsection shall be used for the education, training, and advising of covered small business concerns and their employees on—

(A)

accessing and applying for resources provided by the Administration 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 covered small business concerns 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 remote 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 covered small business concerns 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)

Grant determination

(A)

Small business development centers

(i)

In general

The Administration shall award 80 percent of funds authorized to carry out this subsection to small business development centers, which shall be awarded pursuant to a formula jointly developed, negotiated, and agreed upon, with full participation of both parties, between the association formed under section 648(a)(3)(A) of this title and the Administration.

(ii)

Clarification of use

Awards made under clause (i) shall be in addition to, and separate from, any amounts appropriated to make grants under section 648(a) of this title and such an award may be used to complement and support such a grant, except that priority with respect to the receipt of that assistance shall be given to small business development centers that have been affected by issues described in paragraph (2).

(B)

Women’s business centers

The Administration shall award 20 percent of funds authorized to carry out this subsection to women’s business centers, which shall be awarded pursuant to a process established by the Administration in consultation with recipients of assistance.

(C)

No matching funds required

Matching funds shall not be required for any grant under this subsection.

(4)

Goals and metrics

(A)

In general

Goals and metrics for the funds made available under this subsection shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, between the resource partners and the Administrator, which shall—

(i)

take into consideration the extent of the circumstances relating to the spread of COVID–19, or similar occurrences, that affect covered small business concerns located in the areas covered by the resource partner, particularly in rural areas or economically distressed areas;

(ii)

generally follow the use of funds outlined in paragraph (2), but shall not restrict the activities of resource partners in responding to unique situations; and

(iii)

encourage resource partners to develop and provide services to covered small business concerns.

(B)

Public availability

The Administrator shall make publicly available the methodology by which the Administrator and resource partners jointly develop the metrics and goals described in subparagraph (A).

(c)

Resource partner association grants

(1)

In general

The Administrator may provide grants to an association or associations representing resource partners under which the association or associations shall establish a single centralized hub for COVID–19 information, which shall include—

(A)

1 online platform that consolidates resources and information available across multiple Federal agencies for small business concerns related to COVID–19; and

(B)

a training program to educate resource partner counselors, members of the Service Corps of Retired Executives established under section 637(b)(1)(B) of this title, and counselors at veterans business outreach centers described in section 657b of this title on the resources and information described in subparagraph (A).

(2)

Goals and metrics

Goals and metrics for the funds made available under this subsection shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, between the association or associations receiving a grant under this subsection and the Administrator.

(d)

Report

Not later than 6 months after , and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes—

(1)

with respect to the initial year covered by the report—

(A)

the programs and services developed and provided by the Administration and resource partners under subsection (b);

(B)

the initial efforts to provide those services under subsection (b); and

(C)

the online platform and training developed and provided by the Administration and the association or associations under subsection (c); and

(2)

with respect to the subsequent years covered by the report—

(A)

with respect to the grant program under subsection (b)—

(i)

the efforts of the Administrator and resource partners to develop services to assist covered small business concerns;

(ii)

the challenges faced by owners of covered small business concerns in accessing services provided by the Administration and resource partners;

(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 business concerns, including the number of employees affected, the effect on sales, the disruptions of supply chains, and the efforts made by the Administration and resource 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 counselors trained.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Coronavirus Aid, Relief, and Economic Security Act

    Pub. L. 116–136 div. A title I § 1103 · 134 Stat. 281

    Enacted · 15 U.S.C. § 9002

    Pub. L. 116–136, div. A, title I, § 1103, Mar. 27, 2020, 134 Stat. 294

    Source evidence

    Code source credit
    Pub. L. 116–136, div. A, title I, § 1103, Mar. 27, 2020, 134 Stat. 294

    Enacted provision · exact public law section
    SEC. 1103. ENTREPRENEURIAL DEVELOPMENT. (a) Definitions.— In this section— (1) the term “covered small business concern” means a small business concern that has experienced, as a result of COVID–19— (A) supply chain disruptions, including changes in— (i) quantity and lead time, including the number of shipments of components and delays in shipments; (ii) quality, including shortages in supply for quality control reasons; and (iii) technology, including a compromised payment network; (B) staffing challenges; (C) a decrease in gross receipts or customers; or (D) a closure; (2) the term “resource partner” means— (A) a small business development center; and (B) a women’s business center; (3) the term “small business development center” has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632); and (4) the term “women’s business center” means a women’s business center described in section 29 of the Small Business Act (15 U.S.C. 656). (b) Education, Training, and Advising Grants.— (1) In general.— The Administration may provide financial assistance in the form of grants to resource partners to provide education, training, and advising to covered small business concerns. (2) Use of funds.— Grants under this subsection shall be used for the education, training, and advising of covered small business concerns and their employees on— (A) accessing and applying for resources provided by the Administration 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 covered small business concerns 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 remote 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 covered small business concerns 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) Grant determination.— (A) Small business development centers.— The Administration shall award 80 percent of funds authorized to carry out this subsection to small business development centers, which shall be awarded pursuant to a formula jointly developed, negotiated, and agreed upon, with full participation of both parties, between the association formed under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) and the Administration. (B) Women’s business centers.— The Administration shall award 20 percent of funds authorized to carry out this subsection to women’s business centers, which shall be awarded pursuant to a process established by the Administration in consultation with recipients of assistance. (C) No matching funds required.— Matching funds shall not be required for any grant under this subsection. (4) Goals and metrics.— (A) In general.— Goals and metrics for the funds made available under this subsection shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, between the resource partners and the Administrator, which shall— (i) take into consideration the extent of the circumstances relating to the spread of COVID–19, or similar occurrences, that affect covered small business concerns located in the areas covered by the resource partner, particularly in rural areas or economically distressed areas; (ii) generally follow the use of funds outlined in paragraph (2), but shall not restrict the activities of resource partners in responding to unique situations; and (iii) encourage resource partners to develop and provide services to covered small business concerns. (B) Public availability.— The Administrator shall make publicly available the methodology by which the Administrator and resource partners jointly develop the metrics and goals described in subparagraph (A). (c) Resource Partner Association Grants.— (1) In general.— The Administrator may provide grants to an association or associations representing resource partners under which the association or associations shall establish a single centralized hub for COVID–19 information, which shall include— (A) 1 online platform that consolidates resources and information available across multiple Federal agencies for small business concerns related to COVID–19; and (B) a training program to educate resource partner counselors, members of the Service Corps of Retired Executives established under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), and counselors at veterans business outreach centers described in section 32 of the Small Business Act (15 U.S.C. 657b) on the resources and information described in subparagraph (A). (2) Goals and metrics.— Goals and metrics for the funds made available under this subsection shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, between the association or associations receiving a grant under this subsection and the Administrator. (d) Report.— Not later than 6 months after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that describes— (1) with respect to the initial year covered by the report— (A) the programs and services developed and provided by the Administration and resource partners under subsection (b); (B) the initial efforts to provide those services under subsection (b); and (C) the online platform and training developed and provided by the Administration and the association or associations under subsection (c); and (2) with respect to the subsequent years covered by the report— (A) with respect to the grant program under subsection (b)— (i) the efforts of the Administrator and resource partners to develop services to assist covered small business concerns; (ii) the challenges faced by owners of covered small business concerns in accessing services provided by the Administration and resource partners; (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 business concerns, including the number of employees affected, the effect on sales, the disruptions of supply chains, and the efforts made by the Administration and resource 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 counselors trained.

    Effective date note
    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 effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).”

  2. Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act

    Pub. L. 116–260 div. N title III § 346(a) · 134 Stat. 1182

    1. Amended · 15 U.S.C. § 9002(b)(3)(A)

      Pub. L. 116–260 designated existing provisions as cl. (i)

    2. Inserted · 15 U.S.C. § 9002(b)(3)(A)

      Pub. L. 116–260 inserted heading

    3. Added · 15 U.S.C. § 9002(b)(3)(A)

      Pub. L. 116–260 added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (b)(3)(A). Pub. L. 116–260 designated existing provisions as cl. (i), inserted heading, and added cl. (ii).

    Enacted provision · exact public law section
    (a) In General.— Section 1103(b)(3)(A) of the CARES Act (15 U.S.C. 9002(b)(3)(A)) is amended— (1) by striking “The Administration” and inserting the following: “(i) In general.— The Administration” ; and (2) by adding at the end the following: “(ii) Clarification of use.— Awards made under clause (i) shall be in addition to, and separate from, any amounts appropriated to make grants under section 21(a) of the Small Business Act (15 U.S.C. 648(a)) and such an award may be used to complement and support such a grant, except that priority with respect to the receipt of that assistance shall be given to small business development centers that have been affected by issues described in paragraph (2).” .

    Effective date note
    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 effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).”

4 of 4 references resolved to an enrolled provision

Editorial Notes

Amendments

2020—Subsec. (b)(3)(A). Pub. L. 116–260 designated existing 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), , 134 Stat. 2052, provided that: “The amendments made by subsection (a) [amending this section] shall be effective as if included in the CARES Act (Public Law 116–136; 134 Stat. 281).”

Credits

2020 · 2 acts
  1. 2020Pub. L. 116–136, div. A, title I, § 1103, , 134 Stat. 294
  2. 2020Pub. L. 116–260, div. N, title III, § 346(a), , 134 Stat. 2051.
Show as published

(Pub. L. 116–136, div. A, title I, § 1103, , 134 Stat. 294; Pub. L. 116–260, div. N, title III, § 346(a), , 134 Stat. 2051.)

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