| [Code of Federal Regulations]
[Title 13, Volume 1, Business Credit and Assistance]
[Revised as of January 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR113]
[Page 102-111]
ASSISTANCE
CHAPTER I--SMALL BUSINESS ADMINISTRATION
PART 113--NONDISCRIMINATION IN FINANCIAL ASSISTANCE PROGRAMS OF SBA--
EFFECTUATION OF POLICIES OF FEDERAL GOVERNMENT AND SBA ADMINISTRATOR--
Table of Contents
Sec.
113.1 Purpose.
113.2 Definitions.
113.3 Discrimination prohibited.
113.3-1 Consideration of race, color, religion, sex, marital status,
handicap, or national origin.
113.3-2 Accommodations to religious observance and practice.
113.3-3 Structural accommodations for handicapped clients.
113.4 Assurances required.
113.5 Compliance information.
113.6 Conduct of investigations.
113.7 Procedure for effecting compliance.
113.8 Effect on other regulations, forms and instructions.
Appendix A to Part 113
Authority: Secs. 5, 308, 72 Stat. 385, 694, as amended; 15 U.S.C.
633, 634, 687, 1691; 20 U.S.C. 1681-1686; 29 U.S.C. 794.
Source: 44 FR 20068, Apr. 4, 1979, unless otherwise noted.
Sec. 113.1 Purpose.
(a) Part 112 of this chapter, issued pursuant to Title VI of the
Civil Rights
[[Page 103]]
Act of 1964, prohibits discrimination on the basis of race, color, or
national origin by some recipients of financial assistance from SBA. The
purpose of this part is to reflect to the fullest extent possible the
nondiscrimination policies of the Federal Government as expressed in the
several statutes, Executive Orders, and messages of the President
dealing with civil rights and equality of opportunity, and in the
previous determination of the Administrator of the Small Business
Administration that discrimination based on race, color, religion, sex,
marital status, handicap or national origin shall be prohibited, to the
extent that it is not prohibited by part 112 of this chapter, to all
recipients of financial assistance from SBA.
(b) In accordance with Pub. L. 94-239, 15 U.S.C. 1691, cited as the
Equal Credit Act Amendments of 1976, it is unlawful for any recipient
creditor to discriminate against any applicant, with respect to any
aspect of a credit transaction because of race, color, religion,
national origin, sex, marital status, age: (Provided, the applicant has
the capacity to contract), because all or part of the applicant's income
derives from any public assistance program, or because the applicant has
in good faith exercised any right under the Consumer Credit Protection
Act.
(c) It is the intention of the Administrator that the prohibitions
in this part supplement those in part 112 of this chapter, that the two
parts be read in pari materia, and that the procedures established
herein be harmonized to the maximum extent feasible with those
established in part 112 of this chapter.
Sec. 113.2 Definitions.
As used in this part:
(a) The term Federal financial assistance includes (1) grants and
loans of Federal funds, (2) the grant or donation of Federal property
and interests in property, (3) the detail of Federal personnel, (4) the
sale and lease of, and the permission to use (on other than a casual or
transient basis), Federal property or any interest in such property
without consideration, or at a nominal consideration, or at a
consideration which is reduced for the purpose of assisting the
recipient, or in recognition of the public interest to be served by such
sale or lease to the recipient, and (5) any Federal agreement,
arrangement, or other contract which has as one of its purposes the
provision of assistance.
(b) The terms applicant and recipient mean, respectively, one who
applies for and one who receives any of the financial assistance under
any of the statutes referred to in paragraph (a) of this section. The
term recipient also shall be deemed to include subrecipients of SBA
financial assistance, i.e., concerns which secondarily receive financial
assistance from the primary recipients of such financial assistance. For
the purposes of this part, a paragraph (b) lender (13 CFR 120.4(b))
shall be deemed a recipient of financial assistance.
(c) The term religion includes all aspects of religious observance
and practice, as well as belief.
(d) The term qualified handicapped person means (1) with respect to
employment, a handicapped person who, with reasonable accommodation, can
perform the essential functions of the job in question and (2) with
respect to services, a handicapped person who meets the essential
eligibility requirements for the receipt of such services.
(e) The term handicapped person, as defined by the guideline set
forth by the Department of Health, Education, and Welfare in Sec. 85.31
of title 45 of the CFR (43 FR 2137, dated January 13, 1978), means any
person who has a physical or mental impairment that substantially limits
one or more major life activities, has a record of such an impairment,
or is regarded as having such an impairment.
(f) As used in paragraph (e) of this section, the phrase:
(1) Physical or mental impairment means (i) any physiological
disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: Neurological;
musculoskeletal; special sense organs; respiratory, including speech
organs; cardiovascular; reproductive; digestive; genitourinary; hemic
and lymphatic; skin; and endocrine; or (ii) any mental or psychological
disorder, such as mental retardation, organic brain syndrome, emotional
or mental
[[Page 104]]
illness, and specific learning disabilities. The term physical or mental
impairment includes, but is not limited to, such diseases and conditions
as orthopedic, visual, speech, and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, drug addiction and
alcoholism.
(2) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means (i) has a physical or
mental impairment that does not substantially limit major life
activities but is treated by a recipient as constituting such a
limitation; (ii) has a physical or mental impairment that substantially
limits major life activities only as a result of the attitudes of others
toward such impairment; or (iii) has none of the impairments defined in
paragraph (f)(1) of this section but is treated by a recipient as having
such an impairment.
(g) The term reasonable accommodation as used in these Regulations
may include: (1) making facilities used by employees readily accessible
to and usable by handicapped persons; and (2) job restructuring, part-
time or modified work schedules, acquisition or modification of
equipment or devices, the provision of readers or interpreters, and
other similar actions.
(h) The term facility means all or any portion of buildings,
structures, equipment, roads, walks, parking lots, or other real or
personal property.
[44 FR 20068, Apr. 4, 1979, as amended at 48 FR 14891, Apr. 6, 1983]
Sec. 113.3 Discrimination prohibited.
To the extent not covered or prohibited by part 112 of this chapter,
recipients of financial assistance may not:
(a) Discriminate with regard to goods, services, or accommodations
offered or provided by the aided business or other enterprise, whether
or not operated for profit, because of race, color, religion, sex,
handicap, or national origin of a person, or fail or refuse to accept a
person on a nonsegregated basis as a patient, student, visitor, guest,
customer, passenger, or patron.
(b) With regard to employment practices within the aided business or
other enterprise, whether or not operated for profit; fail or refuse,
because of race, color, religion, sex or national origin of a person, to
seek or retain the person's services, or to provide the person with
opportunities for advancement or promotion, or accord an employee the
rank and rate of compensation, including fringe benefits, merited by the
employee's services and abilities.
(c) With regard to employment practices within the aided business or
other enterprise, whether or not operated for profit; discriminate
against a qualified handicapped person; or because of handicap, fail or
refuse to seek or retain the person's services or to provide the person
with opportunities for advancement or promotion, or accord an employee
the rank and rate of compensation, including fringe benefits, merited by
the employee's services and abilities. All employment decisions shall be
made in a manner which ensures that discrimination on the basis of
handicap does not occur. Such decisions may not limit, segregate, or
classify job applicants or employees in any way that adversely affects
the opportunities or status of qualified handicapped individuals.
(d) Participate in a contractual or other relationship that has the
effect of subjecting job applicants or employees to discrimination
prohibited by this part. The relationships referred to in this paragraph
include those with employment and referral agencies, labor unions,
organizations providing or administering fringe benefits to employees of
the recipient, and organizations providing training and apprenticeship
programs. Activities covered by this part are as follows:
(1) Recruitment, advertising, and the processing of applications for
employment;
(2) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff, and
rehiring;
[[Page 105]]
(3) Rates of pay or any other form of compensation and changes in
compensation;
(4) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
(5) Leaves of absence, sick leave, or any other leave;
(6) Fringe benefits available by virtue of employment, whether or
not administered by the recipient;
(7) Selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
(8) Employer sponsored activities, including social or recreational
programs; and
(9) Any other term, condition, or privilege of employment.
(e) Use employment tests or criteria that discriminate on the basis
of race, color, religion, sex, marital status, handicap, or national
origin. Employment tests which are used for all other job applicants
shall be adapted in an appropriate mode for use by persons who have
handicaps that impair sensory, manual, or speaking skills.
(f) Conduct a preemployment medical examination, unless required of
all job applicants, and subsequent to a conditional offer of employment.
The results of all such medical examinations shall be kept confidential.
(g) Make a preemployment inquiry as to whether a job applicant is a
handicapped person or as to the nature or severity of a handicap: EXCEPT
when a recipient is taking remedial action to overcome the effects of
conditions which resulted in past discrimination, or when a recipient is
taking affirmative action pursuant to section 503 of the Rehabilitation
Act of 1973, as amended.
(1) Such preemployment inquiry may only be made after the job
applicant has been informed that such disclosure is for the purposes set
forth in paragraph (g) of this section; that the disclosure is voluntary
and will be kept confidential; and that refusal of the job applicant to
provide such information will not subject the applicant to any adverse
action.
(2) Information elicited from qualified handicapped job applicants
concerning their medical history or condition shall be kept confidential
EXCEPT that:
(i) Supervisors and managers may be informed about restrictions on
or accommodations to be made for the qualified handicapped individual;
(ii) First aid and safety personnel may be informed, where
appropriate, of the need for possible emergency treatment; and
(iii) Compliance officials shall be given relevant information, if
requested.
(h) Discriminate on the basis of race, color, religion, handicap or
national origin in the use of toilets or any facilities for rest or
comfort. Discriminate on the basis of race, color, religion, sex,
handicap or national origin in the use of cafeterias, recreational
programs or other programs sponsored by the applicant or recipient.
(i) With regard to all recipients offering credit, such as Small
Business Investment Companies and Community Development Companies,
discriminate against debtors on the basis of race, color, religion, sex,
marital status, handicap, or national origin.
(j) With regard to the granting of credit by all recipient
creditors, discriminate against any credit applicant, with respect to
any aspect of a credit transaction because of race, color, religion,
national origin, sex, marital status, handicap, age (provided the
applicant has the capacity to contract), because all or part of the
applicant's income derives from any public assistance program, or
because the applicant has in good faith exercised any right under the
Consumer Credit Protection Act.
Sec. 113.3-1 Consideration of race, color, religion, sex, marital
status, handicap, or national origin.
(a) This regulation does not prohibit the consideration of race,
color, religion, sex, marital status, handicap, or national origin if
the purpose and effect are to remove or overcome the
[[Page 106]]
consequences of practices or impediments which have restricted the
availability of, or participation in, the program or activity receiving
Federal financial assistance, on the grounds of race, color, religion,
sex, marital status, handicap, or national origin. Where previous
discriminatory practices or usage tends, on the grounds of race, color,
religion, sex, marital status, handicap, or national origin, to exclude
individuals from participation in, to deny them the benefits of, or to
subject them to discrimination under any program or activity to which
this regulation applies, the applicant or recipient has an obligation to
take reasonable action to remove or overcome the consequences of the
prior discriminatory practice or usage, and to accomplish the purposes
of this regulation. All programs and activities shall be administered in
the most integrated setting possible.
(b) Nothing in this part shall prohibit the restriction of certain
jobs to members of one sex if a bona fide occupational qualification can
be demonstrated by the applicant or recipient. Custom or tradition is
not a bona fide occupational qualification.
(c) Recipients shall take steps to ensure that communications with
job applicants and employees who have vision and/or hearing disabilities
are available in appropriate modes.
(d) Recipients shall make reasonable accommodation to the known
physical or mental limitations of an otherwise qualified handicapped job
applicant or employee UNLESS the recipient can demonstrate that the
accommodation would impose an undue hardship on the operation of the
business. Factors to be considered in determining whether an
accommodation would impose an undue hardship on the operation of a
recipient's business include:
(1) The overall size of the recipient's business with respect to
number of employees, number and type of facilities, size of budget, and
the financial condition of the business;
(2) The type of the recipient's operation, including the composition
and structure of the recipient's workforce; and
(3) The nature and cost of the accommodation needed.
(e) Such accommodation may include making facilities used by
employees readily accessible to and usable by handicapped persons, job
restructuring, part-time or modified work schedules, acquisition or
modification of equipment or devices, the provision of readers or
interpreters, and other similar actions.
(f) The final decision, when making a review or investigation of a
complaint, as to whether an accommodation would impose an undue hardship
on the operation of a recipient business will be made by the compliance
officials of the Small Business Administration.
(g) Recipients shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified handicapped
persons, and shall not participate in a contractual relationship that
has the effect of subjecting qualified handicapped job applicants or
employees to discrimination prohibited by this part. The relationships
referred to in this paragraph include those with referral agencies,
labor unions, organizations providing or administering fringe benefits
to employees of the recipient, and organizations providing training and
apprenticeship programs.
(h) Nothing in this part shall apply to a religious corporation,
association, educational institution or society with respect to the
membership or the employment of individuals of a particular religion to
perform work connected with the carrying on by such corporation,
association, educational institution or society of its religious
activities.
Sec. 113.3-2 Accommodations to religious observance and practice.
A recipient of financial assistance must accommodate to the
religious observances and practices of an employee or prospective
employee unless the recipient demonstrates that it is unable to
reasonably accommodate to an employee's or prospective employee's
religious observance or practice without undue hardship on the conduct
of the employer's business. As part of this obligation, recipient must
make reasonable accommodations to the religious observances and
practices of an employee or prospective employee who
[[Page 107]]
regularly observes Friday evening and Saturday, or some other day of the
week, as Sabbath and/or who observes certain religious holidays during
the year and who is conscientiously opposed to performing work or
engaging in similar activity on such days, when such accommodations can
be made without undue hardship on the conduct of the employer's
business. In determining the extent of a recipient's obligations under
this section, at least the following factors should be considered: (a)
Business necessity, (b) financial costs and expenses, and (c) resulting
personnel problems.
Sec. 113.3-3 Structural accommodations for handicapped clients.
(a) Existing facilities. Recipients in preexisting structures shall
make their goods or services accessible to and usable by handicapped
clients. Where structural changes are necessary to make the recipient's
goods or services accessible, such changes shall be made as soon as
practicable, but in no event later than three years after the effective
date of this Regulation. A plan setting forth the steps necessary to
complete such structural changes shall be developed and submitted to
SBA. If practical, interested persons, including handicapped persons or
organizations representing handicapped persons, will be consulted.
(b) Design, construction, and alteration. New facilities shall be
designed and constructed to be readily accessible to and usable by
persons with handicaps. Alterations to existing facilities that affect
usability shall, to the maximum extent feasible, be designed and
constructed to be readily accessible to and usable by handicapped
persons.
(c) Conformance with Uniform Federal Accessibility Standards. (1)
Effective as of January 18, 1991, design, construction, or alteration of
buildings in conformance with sections 3-8 of the Uniform Federal
Accessibility Standards (UFAS) (appendix A to 41 CFR subpart 101-19.6)
shall be deemed to comply with the requirements of this section with
respect to those buildings. Departures from particular technical and
scoping requirements of UFAS by the use of other methods are permitted
where substantially equivalent or greater access to and usability of the
building is provided.
(2) For purposes of this section, section 4.1.6(1)(g) of UFAS shall
be interpreted to exempt from the requirements of UFAS only mechanical
rooms and other spaces that, because of their intended use, will not
require accessibility to the public or beneficiaries or result in the
employment or residence therein of persons with physical handicaps.
(3) This section does not require recipients to make building
alterations that have little likelihood of being accomplished without
removing or altering a load-bearing structural member.
[44 FR 20068, Apr. 4, 1979, as amended at 45 FR 81734, Dec. 12, 1980; 55
FR 52138, 52140, Dec. 19, 1990]
Sec. 113.4 Assurances required.
An application for financial assistance shall, as a condition to its
approval and the extension of such assistance, contain or be accompanied
by an assurance that the recipient will comply with this part. Such an
assurance shall contain provisions authorizing the acceleration of the
maturity of the recipient's financial obligations to SBA in the event of
a failure to comply, and provisions which give the United States a right
to seek judicial enforcement of the terms of the assurance. SBA shall
specify the form of the foregoing assurance for each program, and the
extent to which like assurances will be required of contractors and
subcontractors, transferees, successors in interest, and other
participants in the program.
Sec. 113.5 Compliance information.
(a) Cooperation and assistance: SBA shall to the fullest extent
practicable seek the cooperation of applicants and recipients in
obtaining compliance with this part and shall provide assistance and
guidance to applicants and recipients to help them comply voluntarily
with this part. Recipients are expected to continually evaluate their
compliance status, with the assistance of interested persons, including
handicapped persons or organizations representing handicapped persons.
(b) Compliance reports: Each applicant or recipient shall keep such
records
[[Page 108]]
and submit to SBA timely, complete and accurate compliance reports at
such times, and in such form and containing such information, as SBA may
determine to be necessary to enable SBA to ascertain whether the
applicant or recipient has complied or is complying with this part. In
the case of a small business concern which receives financial assistance
from a development company or from a small business investment company,
such concern shall submit to the company such information as may be
necessary to enable the company to meet its reporting requirements under
this part.
(c) Access to sources of information: Each applicant or recipient
shall permit access by SBA during normal business hours to such of its
books, records, accounts and other sources of information, and its
facilities as may be pertinent to ascertain compliance with this part.
Where any information required of an applicant or recipient is in the
exclusive possession of any other agency, institution or person; and
such agency, institution or person shall fail or refuse to furnish this
information, the applicant or recipient shall so certify in its report
and shall set forth what efforts it has made to obtain this information.
(d) Information to the Public. Each recipient shall make available
to persons entitled under this part to protection against discrimination
by the recipient such information as SBA may find necessary to apprise
them of their rights to such protection.
(1) In some situations even though past discriminatory practices
have been abandoned, the consequences of such practices continue to
impede the full availability of equal opportunity. If the efforts
required of the applicant or recipient under Sec. 113.5(b) to provide
information as to the availability of equal opportunity, and the rights
of individuals under this regulation, have failed to overcome these
consequences, it will become necessary for such applicant or recipient
to take additional steps to make equal opportunity fully available to
racial, qualified handicapped, nationality groups and persons who
because of their sex were previously subjected to discrimination.
(2) Even though an applicant or recipient has never used
discriminatory policies, the opportunities in the business it operates
may not in fact be equally available to some racial, qualified
handicapped, or nationality groups. In such circumstances a recipient
may properly give special consideration to race, color, religion, sex,
marital status, qualified handicap or national origin to make the
opportunities more widely available to such groups.
Sec. 113.6 Conduct of investigations.
(a) Periodic compliance reviews. SBA shall from time to time review
the practices of recipients to determine whether they are complying with
this part.
(b) Complaints. Any person who believes that he, she or any class of
individuals has been subjected to discrimination prohibited by this part
may, personally or through a representative, file with SBA a written
complaint. A complaint must be filed not later than 180 days from the
date of the alleged discrimination, unless the time for filing is
extended by SBA.
(c) Investigations. SBA will make a prompt investigation whenever a
compliance review, report, complaint, or any other information indicates
a possible failure to comply with this part. The investigation should
include, where appropriate, a review of the pertinent practices and
policies of the applicant or recipient, the circumstances under which
the possible noncompliance with this part occurred, and other factors
relevant to a determination as to whether the applicant or recipient has
failed to comply with this part.
(d) Resolution of matters. (1) If an investigation pursuant to
paragraph (c) of this section indicates a failure to comply with this
part, SBA will so inform the applicant or recipient and the matter will
be resolved by informal means whenever possible. If it has been
determined that the matter cannot be resolved by informal means, action
will be taken as provided for in Sec. 113.7.
(2) If an investigation does not warrant action pursuant to
paragraph (d)(1) of this section, SBA will so inform the applicant or
recipient and the complainant, if any, in writing.
[[Page 109]]
(e) Intimidatory or retaliatory acts prohibited. No applicant or
recipient or other person shall intimidate, threaten, coerce, or
discriminate against any individual for the purpose of interfering with
any right or privilege secured by this part or because he has made a
complaint, testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing under this part. The identity of
complainants shall be kept confidential except to the extent necessary
to carry out the purposes of this part, including the conduct of any
investigation, hearing, or judicial proceeding arising thereunder.
Sec. 113.7 Procedure for effecting compliance.
(a) General. (1) If there appears to be a failure or threatened
failure to comply with this part and if the noncompliance or threatened
noncompliance cannot be corrected by informal means, compliance with
this part may be effected by suspending, terminating, or refusing any
financial assistance approved but not yet disbursed to an applicant. In
the case of loans partially or fully disbursed, compliance with this
part may be effected by calling, canceling, terminating, accelerating
repayment, or suspending in whole or in part the financial assistance
provided. In addition compliance may be effected by any other means
authorized by law.
(2) Such other means may include but are not limited to (i) legal
action by SBA to enforce its rights, embodied in the assurances
described in Sec. 113.4; (ii) a reference to the Department of Justice
with a recommendation that appropriate proceedings be brought to enforce
any rights of the United States under any law of the United States; and
(iii) any applicable proceedings under State or local law.
(b) Noncompliance with Sec. 113.4. If an applicant fails or refuses
to furnish an assurance required under Sec. 113.4 or otherwise fails or
refuses to comply with a requirement imposed by or pursuant to that
section, Federal financial assistance may be refused in accordance with
the procedures of paragraph (c) of this section. SBA shall not be
required to provide assistance in such a case during the pendency of the
administrative proceedings under such paragraph except that SBA shall
continue assistance during the pendency of such proceedings where such
assistance is due and payable pursuant to an application therefor
approved prior to the effective date of this part. Such proceedings
shall be conducted in accordance with the provisions of part 134 of this
chapter by an Administrative Law Judge of the Office of Hearings and
Appeals, who shall issue an initial decision in the case. The
Admininstrator shall be the reviewing official for purposes of
Sec. 134.228. The applicant's failure to file a timely motion in
accordance with Secs. 134.222 and 134.211, requesting that the matter be
scheduled for an oral hearing, shall constitute waiver of the right to
an oral hearing but shall not prevent the submission of written
information and argument for the record in accordance with the
provisions of part 134.
(c) Condition precedent. Under this part 113, no order suspending,
terminating, refusing, calling, canceling, or accelerating repayment of
financial assistance in whole or in part shall become effective until
(1) SBA has advised the applicant or recipient of his failure to comply
and has determined that compliance cannot be secured by voluntary means;
(2) there has been an express finding on the record after an opportunity
for an oral hearing, of a failure by the applicant or recipient to
comply with a requirement imposed by or pursuant to this part; and (3)
the initial decision has become final pursuant to Sec. 134.227(b).
(d) Other means authorized by law. No action to effect compliance by
any other means authorized by law shall be taken until:
(1) SBA has determined that compliance cannot be secured by
voluntary means.
(2) The action has been approved by the Administrator or the
Administrator's designee.
(3) The applicant or recipient or other person has been notified of
its failure to comply and of the action to be taken to effect
compliance.
(4) The expiration of at least 10 days from the mailing of such
notice to the applicant or recipient or other person.
[[Page 110]]
During this period of at least 10 days, additional efforts shall be made
to persuade the applicant or recipient or other person to comply with
this part and to take such corrective action as may be appropriate.
[44 FR 20068, Apr. 4, 1979, as amended at 49 FR 33629, Aug. 24, 1984; 61
FR 2691, Jan. 29, 1996]
Sec. 113.8 Effect on other regulations, forms and instructions.
(a) Effect on other regulations. All regulations, orders of like
directions heretofore issued by SBA which impose requirements designed
to prohibit any discrimination against individuals on the grounds of
race, color, religion, sex, handicap, marital status, age, or national
origin and which authorize the suspension or termination of a refusal to
grant to or to continue financial assistance to any applicant for or
recipient of such assistance for failure to comply with such
requirements, are hereby superseded to the extent that such
discrimination is prohibited by this part, except that nothing in this
part shall be deemed to relieve any person of any obligation assumed or
imposed under any such superseded regulation, order, instruction or like
direction prior to the effective date of this part.
(b) Forms and instructions. SBA shall issue and promptly make
available to interested persons forms and detailed instructions and
procedures for effectuating this part.
(c) Supervision and coordination. The Administrator may from time-
to-time assign to officials of SBA or to officials of other agencies of
the Government, with the consent of such agencies, responsibilities in
connection with the effectuation of the purposes of this part (other
than responsibility of first decisions as provided in Sec. 113.9)
including the achievement of effective coordination and maximum
uniformity within SBA and within the executive branch of the Government
in the application of this part and of comparable regulations issued by
other agencies of the Government to similar situations. Any action
taken, determination made, or requirement imposed by an official of
another department or agency acting pursuant to an assignment of
responsibility under this subsection shall have the same effect as
though such action had been taken by the Administrator of SBA.
[44 FR 20068, Apr. 4, 1979. Redesignated at 49 FR 33629, Aug. 24, 1984]
Appendix A to Part 113
------------------------------------------------------------------------
Name of program Authority
------------------------------------------------------------------------
Financial Programs
------------------------------------------------------------------------
Regular business loans.................... Small Business Act, sec.
7(a).
Handicapped assistance loans.............. Small Business Act, sec.
7(a)(10).
Small business energy loans............... Small Business Act, sec.
7(a)(12).
Small general contractors loans........... Small Business Act, sec.
7(a)(9).
Export revolving line of credit........... Small Business Act, sec.
7(a)(14).
Vietnam-era and Disabled Veterans Loan Pub. L. 97-72.
Program.
Debtor State development company loans Small Business Investment
(501) and their small business concerns. Act, Title V and Small
Business Act, sec.
7(a)(13).
Debtor State and local development company Small Business Investment
loans (502) and their small business Act, Title V and Small
concerns. Business Act, sec.
7(a)(13).
Debtor certified development companies Small Business Investment
(503) and their small business concerns. Act, Title V and Small
Business Act, sec.
7(a)(13).
Debtor small business investment companies Small Business Investment
and their small business concerns. Act, Title III.
Pollution Control......................... Small Business Investment
Act, Title IV, Part A.
Surety bond guarantees.................... Small Business Investment
Act, Title IV, Part B.
Lease guarantees (not funded) disaster Small Business Investment
loans. Act, Title IV.
Physical.................................. Small Business Act, sec.
7(b)(1).
Economic injury (EIDL).................... Small Business Act, sec.
7(b)(2).
Federal action--economic injury........... Small Business Act, sec.
7(b)(3).
Currency fluctuation--economic injury..... Small Business Act, sec
7(b)(4).
------------------------------------------------------------------------
Nonfinancial Programs
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Women's business enterprise............... Executive Order 12138.
Small business innovation and research.... Small Business Act, sec. 9.
Procurement automated source system....... Small Business Act, sec. 8
and Pub. L. 96-302.
Business Development Program.............. Small Business Act, sec.
8(a) and Pub. L. 95-507, as
amended by Pub. L. 96-481.
Small Business Institute.................. Small Business Act, sec.
8(b)(1).
Certificate of competency................. Small Business Act, sec.
8(b)(7) and Pub. L. 95-89.
Subcontracting Assistance Program......... Small Business Act, sec.
8(d) and Pub. L. 95-507.
Technology Assistance Program............. Small Business Act, sec. 9.
[[Page 111]]
Small business development centers........ Small Business Act, sec. 21
and Pub. L. 96-302.
International Trade Program............... Small Business Act, sec. 22
and Pub. L. 96-481.
Service Corps of Retired Executives and Small Business Act, secs.
Active Corps of Executives. 101 and 8(b)(1) and Pub. L.
95-510.
Veterans Affairs Programs................. Pub. L. 93-237.
Private sector initiatives................ Small Business Act, sec.
8(b)(1).
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[50 FR 1442, Jan. 11, 1985]
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