Title 12Banks and BankingRelease 119-73

§5708 Implementation and administration

Title 12 › Chapter CHAPTER 54— - STATE SMALL BUSINESS CREDIT INITIATIVE › § 5708

Last updated Apr 6, 2026|Official source

Summary

The Secretary must work with the Small Business Administration and federal banking regulators to run the Program. The Secretary must create minimum national standards for State programs that are approved, give technical help to States, manage and run the Program, protect its integrity, and oversee approved State programs’ cash flows, performance, and rule-following. The Treasury provides $1,500,000,000 to the Secretary to carry out the Program and pay reasonable administration costs. The Secretary’s authority to run the Program ends after the 7-year period beginning on March 11, 2021. For one year starting on March 11, 2021, the Secretary may sign contracts without following other public contracting laws. Of the fiscal year 2021 funds, $500,000,000 may be used to provide technical assistance to very small businesses and to businesses owned and controlled by socially and economically disadvantaged individuals. That money can be given to States to run legal, accounting, and financial help plans, sent to the Minority Business Development Agency to use as it sees fit (including hiring others), or used to hire advisory firms directly. Priority must be given to disadvantaged-owned businesses and very small businesses applying to State programs under the Program or other State or Federal small business programs.

Full Legal Text

Title 12, §5708

Banks and Banking — Source: USLM XML via OLRC

(a)The Secretary shall—
(1)consult with the Administrator of the Small Business Administration and the appropriate Federal banking agencies on the administration of the Program;
(2)establish minimum national standards for approved State programs;
(3)provide technical assistance to States for starting State programs and generally disseminate best practices;
(4)manage, administer, and perform necessary program integrity functions for the Program; and
(5)ensure adequate oversight of the approved State programs, including oversight of the cash flows, performance, and compliance of each approved State program.
(b)There is hereby appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out the Program, including to pay reasonable costs of administering the Program.
(c)The authorities and duties of the Secretary to implement and administer the Program shall terminate at the end of the 7-year period beginning on March 11, 2021.
(d)During the 1-year period beginning on March 11, 2021, the Secretary may enter into contracts without regard to any other provision of law regarding public contracts, for purposes of carrying out this chapter.
(e)Of the amounts appropriated for fiscal year 2021 to carry out the Program, $500,000,000 may be used by the Secretary to—
(1)provide funds to States to carry out a technical assistance plan under which a State will provide legal, accounting, and financial advisory services, either directly or contracted with legal, accounting, and financial advisory firms, with priority given to business enterprises owned and controlled by socially and economically disadvantaged individuals, to very small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals applying for—
(A)State programs under the Program; and
(B)other State or Federal programs that support small businesses;
(2)transfer amounts to the Minority Business Development Agency, so that the Agency may use such amounts in a manner the Agency determines appropriate, including through contracting with third parties, to provide technical assistance to business enterprises owned and controlled by socially and economically disadvantaged individuals applying to—
(A)State programs under the Program; and
(B)other State or Federal programs that support small businesses; and
(3)contract with legal, accounting, and financial advisory firms (with priority given to business enterprises owned and controlled by socially and economically disadvantaged individuals), to provide technical assistance to business enterprises owned and controlled by socially and economically disadvantaged individuals applying to—
(A)State programs under the Program; and
(B)other State or Federal programs that support small businesses.

Legislative History

Notes & Related Subsidiaries

Amendments

2021—Subsecs. (c), (d). Pub. L. 117–2, § 3301(a)(1)(F), substituted “
March 11, 2021” for “
September 27, 2010”. Subsec. (e). Pub. L. 117–2, § 3301(d), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–2 applicable with respect to funds appropriated under section 3301 of Pub. L. 117–2 and funds appropriated on and after Mar. 11, 2021, see section 3301(g) of Pub. L. 117–2, set out as a note under section 5701 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 5708

Title 12Banks and Banking

Last Updated

Apr 6, 2026

Release point: 119-73