Sec. 1401. MATCHING REQUIREMENTS UNDER SMALL BUSINESS PROGRAMS
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## 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).
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