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Pub.L. 105-136 To amend the Immigration and Nationality Act to authorize appropriations for refugee and entrant assistance for fiscal years 1998 and 1999. <> ...


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[[Page 2591]]

                     SMALL BUSINESS REAUTHORIZATION
                               ACT OF 1997

[[Page 111 STAT. 2592]]

Public Law 105-135
105th Congress

                                 An Act


 
 To reauthorize the programs of the Small Business Administration, and 
        for other purposes. <<NOTE: Dec. 2, 1997 -  [S. 1139]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Small Business Reauthorization Act 
of 1997.>>  Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

<<NOTE: 15 USC 631 note.>>     (a) Short Title.--This Act may be cited 
as the ``Small Business Reauthorization Act of 1997''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Effective date.

                         TITLE I--AUTHORIZATIONS

Sec. 101. Authorizations.

                     TITLE II--FINANCIAL ASSISTANCE

                      Subtitle A--Microloan Program

Sec. 201. Microloan program.
Sec. 202. Welfare-to-work microloan initiative.

          Subtitle B--Small Business Investment Company Program

Sec. 211. 5-year commitments for SBICs at option of Administrator.
Sec. 212. Underserved areas.
Sec. 213. Private capital.
Sec. 214. Fees.
Sec. 215. Small business investment company program reform.
Sec. 216. Examination fees.

            Subtitle C--Certified Development Company Program

Sec. 221. Loans for plant acquisition, construction, conversion, and 
                    expansion.
Sec. 222. Development company debentures.
Sec. 223. Premier certified lenders program.

                  Subtitle D--Miscellaneous Provisions

Sec. 231. Background check of loan applicants.
Sec. 232. Report on increased lender approval, servicing, foreclosure, 
                    liquidation, and litigation of section 7(a) loans.
Sec. 233. Completion of planning for loan monitoring system.

                 TITLE III--WOMEN'S BUSINESS ENTERPRISES

Sec. 301. Interagency committee participation.
Sec. 302. Reports.
Sec. 303. Council duties.
Sec. 304. Council membership.
Sec. 305. Authorization of appropriations.
Sec. 306. National Women's Business Council procurement project.
Sec. 307. Studies and other research.

[[Page 111 STAT. 2593]]

Sec. 308. Women's business centers.

     TITLE IV--COMPETITIVENESS PROGRAM AND PROCUREMENT OPPORTUNITIES

           Subtitle A--Small Business Competitiveness Program

Sec. 401. Program term.
Sec. 402. Monitoring agency performance.
Sec. 403. Reports to Congress.
Sec. 404. Small business participation in dredging.
Sec. 405. Technical amendments.

      Subtitle B--Small Business Procurement Opportunities Program

Sec. 411. Contract bundling.
Sec. 412. Definition of contract bundling.
Sec. 413. Assessing proposed contract bundling.
Sec. 414. Reporting of bundled contract opportunities.
Sec. 415. Evaluating subcontract participation in awarding contracts.
Sec. 416. Improved notice of subcontracting opportunities.
Sec. 417. Deadlines for issuance of regulations.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Small Business Technology Transfer program.
Sec. 502. Small Business Development Centers.
Sec. 503. Pilot preferred surety bond guarantee program extension.
Sec. 504. Extension of cosponsorship authority.
Sec. 505. Asset sales.
Sec. 506. Small business export promotion.
Sec. 507. Defense Loan and Technical Assistance program.
Sec. 508. Very small business concerns.
Sec. 509. Trade assistance program for small business concerns adversely 
                    affected by NAFTA.

                        TITLE VI--HUBZONE PROGRAM

Sec. 601. Short title.
Sec. 602. Historically underutilized business zones.
Sec. 603. Technical and conforming amendments to the Small Business Act.
Sec. 604. Other technical and conforming amendments.
Sec. 605. Regulations.
Sec. 606. Report.
Sec. 607. Authorization of appropriations.

                  TITLE VII--SERVICE DISABLED VETERANS

Sec. 701. Purposes.
Sec. 702. Definitions.
Sec. 703. Report by Small Business Administration.
Sec. 704. Information collection.
Sec. 705. State of small business report.
Sec. 706. Loans to veterans.
Sec. 707. Entrepreneurial training, counseling, and management 
                    assistance.
Sec. 708. Grants for eligible veterans' outreach programs.
Sec. 709. Outreach for eligible veterans.

SEC. 2. <<NOTE: 15 USC 631 note.>> DEFINITIONS.

    In this Act--
            (1) the term ``Administration'' means the Small Business 
        Administration;
            (2) the term ``Administrator'' means the Administrator of 
        the Small Business Administration;
            (3) the term ``Committees'' means the Committees on Small 
        Business of the House of Representatives and the Senate; and
            (4) the term ``small business concern'' has the meaning 
        given the term in section 3 of the Small Business Act (15 U.S.C. 
        632).

SEC. 3. EFFECTIVE <<NOTE: 15 USC 631 note.>>  DATE.

    This Act and the amendments made by this Act shall take effect on 
October 1, 1997.

[[Page 111 STAT. 2594]]

                         TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATIONS.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended 
by striking subsections (c) through (q) and inserting the following:
    ``(c) Fiscal Year 1998.--
            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 1998:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                          ``(i) $40,000,000 in technical assistance 
                      grants, as provided in section 7(m); and
                          ``(ii) $60,000,000 in direct loans, as 
                      provided in section 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $16,040,000,000 in 
                deferred participation loans and other financings. Of 
                such sum, the Administration is authorized to make--
                          ``(i) $12,000,000,000 in general business 
                      loans as provided in section 7(a);
                          ``(ii) $3,000,000,000 in financings as 
                      provided in section 7(a)(13) of this Act and 
                      section 504 of the Small Business Investment Act 
                      of 1958;
                          ``(iii) $1,000,000,000 in loans as provided in 
                      section 7(a)(21); and
                          ``(iv) $40,000,000 in loans as provided in 
                      section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                          ``(i) $700,000,000 in purchases of 
                      participating securities; and
                          ``(ii) $600,000,000 in guarantees of 
                      debentures.
                    ``(D) For the programs authorized by part B of title 
                IV of the Small Business Investment Act of 1958, the 
                Administration is authorized to enter into guarantees 
                not to exceed $2,000,000,000, of which not more than 
                $650,000,000 may be in bonds approved pursuant to 
                section 411(a)(3) of that Act.
                    ``(E) The Administration is authorized to make 
                grants or enter into cooperative agreements--
                          ``(i) for the Service Corps of Retired 
                      Executives program authorized by section 8(b)(1), 
                      $4,000,000; and
                          ``(ii) for activities of small business 
                      development centers pursuant to section 
                      21(c)(3)(G), $15,000,000, to remain available 
                      until expended.
            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to the 
                Administration for fiscal year 1998 such sums as may be 
                necessary to carry out this Act, including 
                administrative expenses and necessary loan capital for 
                disaster loans pursuant to section 7(b), and to carry 
                out the Small Business Investment Act of 1958, including 
                salaries and expenses of the Administration.

[[Page 111 STAT. 2595]]

                    ``(B) Notwithstanding subparagraph (A), for fiscal 
                year 1998--
                          ``(i) no funds are authorized to be provided 
                      to carry out the loan program authorized by 
                      section 7(a)(21) except by transfer from another 
                      Federal department or agency to the 
                      Administration, unless the program level 
                      authorized for general business loans under 
                      paragraph (1)(B)(i) is fully funded; and
                          ``(ii) the Administration may not approve 
                      loans on behalf of the Administration or on behalf 
                      of any other department or agency, by contract or 
                      otherwise, under terms and conditions other than 
                      those specifically authorized under this Act or 
                      the Small Business Investment Act of 1958, except 
                      that it may approve loans under section 7(a)(21) 
                      of this Act in gross amounts of not more than 
                      $1,250,000.

    ``(d) Fiscal Year 1999.--
            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 1999:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                          ``(i) $40,000,000 in technical assistance 
                      grants as provided in section 7(m); and
                          ``(ii) $60,000,000 in direct loans, as 
                      provided in section 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $17,540,000,000 in 
                deferred participation loans and other financings. Of 
                such sum, the Administration is authorized to make--
                          ``(i) $13,000,000,000 in general business 
                      loans as provided in section 7(a);
                          ``(ii) $3,500,000,000 in financings as 
                      provided in section 7(a)(13) of this Act and 
                      section 504 of the Small Business Investment Act 
                      of 1958;
                          ``(iii) $1,000,000,000 in loans as provided in 
                      section 7(a)(21); and
                          ``(iv) $40,000,000 in loans as provided in 
                      section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                          ``(i) $800,000,000 in purchases of 
                      participating securities; and
                          ``(ii) $700,000,000 in guarantees of 
                      debentures.
                    ``(D) For the programs authorized by part B of title 
                IV of the Small Business Investment Act of 1958, the 
                Administration is authorized to enter into guarantees 
                not to exceed $2,000,000,000, of which not more than 
                $650,000,000 may be in bonds approved pursuant to 
                section 411(a)(3) of that Act.
                    ``(E) The Administration is authorized to make 
                grants or enter cooperative agreements--
                          ``(i) for the Service Corps of Retired 
                      Executives program authorized by section 8(b)(1), 
                      $4,500,000; and
                          ``(ii) for activities of small business 
                      development centers pursuant to section 
                      21(c)(3)(G), not to exceed $15,000,000, to remain 
                      available until expended.

[[Page 111 STAT. 2596]]

            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to the 
                Administration for fiscal year 1999 such sums as may be 
                necessary to carry out this Act, including 
                administrative expenses and necessary loan capital for 
                disaster loans pursuant to section 7(b), and to carry 
                out the Small Business Investment Act of 1958, including 
                salaries and expenses of the Administration.
                    ``(B) Notwithstanding subparagraph (A), for fiscal 
                year 1999--

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