{"identifier":"/us/usc/t12/s5702","title":12,"num":"\u00a7\u202f5702.","heading":"Federal funds allocated to States","text":"\u00a7\u202f5702.\nFederal funds allocated to States\n(a)\nProgram established; purpose\nThere is established the State Small Business Credit Initiative, to be administered by the Secretary. Under the Program, the Secretary shall allocate Federal funds to participating States and make the allocated funds available to the participating States as provided in this section for the uses described in this section.\n(b)\nAllocation formula\n(1)\nIn general\nNot later than 30 days after\nMarch 11, 2021\n(2)\n2021 allocation formula\n(A)\nIn general\nWith respect to States other than Tribal governments, the Secretary shall determine the 2021 allocation by allocating Federal funds among the States in the proportion that each such State\u2019s 2020 State employment decline bears to the aggregate of the 2020 State employment declines for all States.\n(B)\nMinimum allocation\nThe Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds.\n(C)\n11\u202fSo in original. Two subpars. (C) have been enacted. 2020 State employment decline defined\nIn this paragraph and with respect to a State, the term \u201c2020 State employment decline\u201d means the excess (if any) of\u2014\n(i) the number of individuals employed in such State determined for December 2019; over\n(ii) the number of individuals employed in such State determined for December 2020.\n(C)\n1 Separate allocation for Tribal governments\n(i)\nIn general\nWith respect to States that are Tribal governments, the Secretary shall determine the 2021 allocation by allocating $500,000,000 among the Tribal governments in the proportion the Secretary determines appropriate, including with consideration to available employment and economic data regarding each such Tribal government.\n(ii)\nNotice of intent; timing of allocation\nWith respect to allocations to States that are Tribal governments, the Secretary may\u2014\n(I) require Tribal governments that individually or jointly wish to participate in the Program to file a notice of intent with the Secretary not later than 30 days after\nMarch 11, 2021\n(II) notwithstanding paragraph (1), allocate Federal funds to participating Tribal governments not later than 60 days after\nMarch 11, 2021\n(D)\nEmployment data\nIf the Secretary determines that employment data with respect to a State is unavailable from the Bureau of Labor Statistics of the Department of Labor, the Secretary shall consider such other economic and employment data that is otherwise available for purposes of determining the employment data of such State.\n(c)\nAvailability of allocated amount\nThe amount allocated by the Secretary to each participating State under subsection (b) shall be made available to the State as follows:\n(1)\nAllocated amount generally to be available to State in one-thirds\n(A)\nIn general\nThe Secretary shall\u2014\n(i) apportion the participating State\u2019s allocated amount into thirds;\n(ii) transfer to the participating State the first \u2153 when the Secretary approves the State for participation under\nsection 5703 of this title\n(iii) transfer to the participating State each successive \u2153 when the State has certified to the Secretary that it has expended, transferred, or obligated 80 percent of the last transferred \u2153 for Federal contributions to, or for the account of, State programs that have delivered loans or investments to eligible businesses.\n(B)\nAuthority to withhold pending audit\nThe Secretary may withhold the transfer of any successive \u2153 pending results of a financial audit.\n(C)\nInspector General audits\n(i)\nIn general\nThe Inspector General of the Department of the Treasury shall carry out an audit of the participating State\u2019s use of allocated Federal funds transferred to the State.\n(ii)\nRecoupment of misused transferred funds required\nThe allocation agreement between the Secretary and the participating State shall provide that the Secretary shall recoup any allocated Federal funds transferred to the participating State if the results of the an audit include a finding that there was an intentional or reckless misuse of transferred funds by the State.\n(iii)\nPenalty for misstatement\nAny participating State that is found to have intentionally misstated any report issued to the Secretary under the Program shall be ineligible to receive any additional funds under the Program. Funds that had been allocated or that would otherwise have been allocated to such participating State shall be paid into the general fund of the Treasury for reduction of the public debt.\n(iv)\nMunicipalities\nIn this subparagraph, the term \u201cparticipating State\u201d shall include a municipality given special permission to participate in the Program, under\nsection 5703(d) of this title\n(D)\nException\nThe Secretary may, in the Secretary\u2019s discretion, transfer the full amount of the participating State\u2019s allocated amount to the State in a single transfer if the participating State applies to the Secretary for approval to use the full amount of the allocation as collateral for a qualifying loan or swap funding facility.\n(2)\nTransferred amounts\nEach amount transferred to a participating State under this section shall remain available to the State until used by the State as permitted under paragraph (3).\n(3)\nUse of transferred funds\nEach participating State may use funds transferred to it under this section only\u2014\n(A) for making Federal contributions to, or for the account of, an approved State program;\n(B) as collateral for a qualifying loan or swap funding facility;\n(C) in the case of the first \u2153 transferred, for paying administrative costs incurred by the State in implementing an approved State program in an amount not to exceed 5 percent of that first \u2153; or\n(D) in the case of each successive \u2153 transferred, for paying administrative costs incurred by the State in implementing an approved State program in an amount not to exceed 3 percent of that successive \u2153.\n(4)\nTermination of availability of amounts not transferred\n(A)\nIn general\nAny portion of a participating State\u2019s allocated amount that has not been transferred to the State under this section may be deemed by the Secretary to be no longer allocated to the State and no longer available to the State and shall be returned to the general fund of the Treasury or reallocated as described under subparagraph (B), if\u2014\n(i) the second \u2153 of a State\u2019s allocated amount has not been transferred to the State before the end of the end of the 3-year period beginning on the date that the Secretary approves the State for participation; or\n(ii) the last \u2153 of a State\u2019s allocated amount has not been transferred to the State before the end of the end of the 6-year period beginning on the date that the Secretary approves the State for participation.\n(B)\nReallocation\nAny amount deemed by the Secretary to be no longer allocated to a State and no longer available to such State under subparagraph (A) may be reallocated by the Secretary to other participating States. In making such a reallocation, the Secretary shall not take into account the minimum allocation requirements under subsection (b)(2)(B) or the specific allocation for Tribal governments described under subsection (b)(2)(C).\n(5)\nTransferred amounts not assistance\nThe amounts transferred to a participating State under this section shall not be considered assistance for purposes of subtitle V of title 31.\n(6)\nDefinitions\nIn this section\u2014\n(A) the term \u201callocated amount\u201d means the total amount of Federal funds allocated by the Secretary under subsection (b) to the participating State; and\n(B) the term \u201c\u2153\u201d means\u2014\n(i) in the case of the first \u2153 and second \u2153, an amount equal to 33 percent of a participating State\u2019s allocated amount; and\n(ii) in the case of the last \u2153, an amount equal to 34 percent of a participating State\u2019s allocated amount.\n(d)\nAdditional allocations to support business enterprises owned and controlled by socially and economically disadvantaged individuals\nOf the amounts appropriated for fiscal year 2021 to carry out the Program, the Secretary shall\u2014\n(1) allocate $1,500,000,000 to States from funds allocated under this section and, by regulation or other guidance, prescribe Program requirements that the funds be expended for business enterprises owned and controlled by socially and economically disadvantaged individuals; and\n(2) allocate such amounts to States based on the needs of business enterprises owned and controlled by socially and economically disadvantaged individuals, as determined by the Secretary, in each State, and not subject to the allocation formula described under subsection (b).\n(e)\nIncentive allocations to support business enterprises owned and controlled by socially and economically disadvantaged individuals\nOf the amounts appropriated for fiscal year 2021 to carry out the Program, the Secretary shall set aside $1,000,000,000 for an incentive program under which the Secretary shall increase the second \u2153 and last \u2153 allocations for States that demonstrate robust support, as determined by the Secretary, for business concerns owned and controlled by socially and economically disadvantaged individuals in the deployment of prior allocation amounts.\n(f)\nAdditional allocations to support very small businesses\n(1)\nIn general\nOf the amounts appropriated to carry out the Program, the Secretary shall allocate not less than $500,000,000 to States from funds allocated under this section to be expended for very small businesses.\n(2)\nVery small business defined\nIn this subsection, the term \u201cvery small business\u201d\u2014\n(A) means a business with fewer than 10 employees; and\n(B) may include independent contractors and sole proprietors.","url":"https://projectusc.org/usc/t12/s5702.html","content":[{"t":"sec","id":"/us/usc/t12/s5702","children":[{"t":"num","text":"\u00a7\u202f5702."},{"t":"heading","text":"Federal funds allocated to States"},{"t":"subsec","id":"/us/usc/t12/s5702/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Program established; purpose"},{"t":"content","children":[{"t":"p","text":"There is established the State Small Business Credit Initiative, to be administered by the Secretary. Under the Program, the Secretary shall allocate Federal funds to participating States and make the allocated funds available to the participating States as provided in this section for the uses described in this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5702/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Allocation formula"},{"t":"para","id":"/us/usc/t12/s5702/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than 30 days after ","children":[{"t":"text","text":"March 11, 2021","tail":", the Secretary shall allocate Federal funds to participating States so that each State is eligible to receive an amount equal to what the State would receive under the 2021 allocation, as determined under paragraph (2)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"2021 allocation formula"},{"t":"subpara","id":"/us/usc/t12/s5702/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"With respect to States other than Tribal governments, the Secretary shall determine the 2021 allocation by allocating Federal funds among the States in the proportion that each such State\u2019s 2020 State employment decline bears to the aggregate of the 2020 State employment declines for all States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Minimum allocation"},{"t":"content","children":[{"t":"p","text":"The Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"11\u202fSo in original. Two subpars. (C) have been enacted. 2020 State employment decline defined"},{"t":"chapeau","text":"In this paragraph and with respect to a State, the term \u201c2020 State employment decline\u201d means the excess (if any) of\u2014"},{"t":"clause","id":"/us/usc/t12/s5702/b/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the number of individuals employed in such State determined for December 2019; over","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/b/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the number of individuals employed in such State determined for December 2020.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"1 Separate allocation for Tribal governments"},{"t":"clause","id":"/us/usc/t12/s5702/b/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"With respect to States that are Tribal governments, the Secretary shall determine the 2021 allocation by allocating $500,000,000 among the Tribal governments in the proportion the Secretary determines appropriate, including with consideration to available employment and economic data regarding each such Tribal government.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/b/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Notice of intent; timing of allocation"},{"t":"chapeau","text":"With respect to allocations to States that are Tribal governments, the Secretary may\u2014"},{"t":"subclause","id":"/us/usc/t12/s5702/b/2/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" require Tribal governments that individually or jointly wish to participate in the Program to file a notice of intent with the Secretary not later than 30 days after ","children":[{"t":"text","text":"March 11, 2021","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t12/s5702/b/2/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" notwithstanding paragraph (1), allocate Federal funds to participating Tribal governments not later than 60 days after ","children":[{"t":"text","text":"March 11, 2021","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/b/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Employment data"},{"t":"content","children":[{"t":"p","text":"If the Secretary determines that employment data with respect to a State is unavailable from the Bureau of Labor Statistics of the Department of Labor, the Secretary shall consider such other economic and employment data that is otherwise available for purposes of determining the employment data of such State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5702/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Availability of allocated amount"},{"t":"chapeau","text":"The amount allocated by the Secretary to each participating State under subsection (b) shall be made available to the State as follows:"},{"t":"para","id":"/us/usc/t12/s5702/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Allocated amount generally to be available to State in one-thirds"},{"t":"subpara","id":"/us/usc/t12/s5702/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Secretary shall\u2014"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" apportion the participating State\u2019s allocated amount into thirds;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" transfer to the participating State the first \u2153 when the Secretary approves the State for participation under ","children":[{"t":"ref","text":"section 5703 of this title","href":"/us/usc/t12/s5703","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" transfer to the participating State each successive \u2153 when the State has certified to the Secretary that it has expended, transferred, or obligated 80 percent of the last transferred \u2153 for Federal contributions to, or for the account of, State programs that have delivered loans or investments to eligible businesses.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Authority to withhold pending audit"},{"t":"content","children":[{"t":"p","text":"The Secretary may withhold the transfer of any successive \u2153 pending results of a financial audit.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Inspector General audits"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Inspector General of the Department of the Treasury shall carry out an audit of the participating State\u2019s use of allocated Federal funds transferred to the State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Recoupment of misused transferred funds required"},{"t":"content","children":[{"t":"p","text":"The allocation agreement between the Secretary and the participating State shall provide that the Secretary shall recoup any allocated Federal funds transferred to the participating State if the results of the an audit include a finding that there was an intentional or reckless misuse of transferred funds by the State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Penalty for misstatement"},{"t":"content","children":[{"t":"p","text":"Any participating State that is found to have intentionally misstated any report issued to the Secretary under the Program shall be ineligible to receive any additional funds under the Program. Funds that had been allocated or that would otherwise have been allocated to such participating State shall be paid into the general fund of the Treasury for reduction of the public debt.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/1/C/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Municipalities"},{"t":"content","children":[{"t":"p","text":"In this subparagraph, the term \u201cparticipating State\u201d shall include a municipality given special permission to participate in the Program, under ","children":[{"t":"ref","text":"section 5703(d) of this title","href":"/us/usc/t12/s5703/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"The Secretary may, in the Secretary\u2019s discretion, transfer the full amount of the participating State\u2019s allocated amount to the State in a single transfer if the participating State applies to the Secretary for approval to use the full amount of the allocation as collateral for a qualifying loan or swap funding facility.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Transferred amounts"},{"t":"content","children":[{"t":"p","text":"Each amount transferred to a participating State under this section shall remain available to the State until used by the State as permitted under paragraph (3).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Use of transferred funds"},{"t":"chapeau","text":"Each participating State may use funds transferred to it under this section only\u2014"},{"t":"subpara","id":"/us/usc/t12/s5702/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" for making Federal contributions to, or for the account of, an approved State program;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" as collateral for a qualifying loan or swap funding facility;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" in the case of the first \u2153 transferred, for paying administrative costs incurred by the State in implementing an approved State program in an amount not to exceed 5 percent of that first \u2153; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" in the case of each successive \u2153 transferred, for paying administrative costs incurred by the State in implementing an approved State program in an amount not to exceed 3 percent of that successive \u2153.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/c/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Termination of availability of amounts not transferred"},{"t":"subpara","id":"/us/usc/t12/s5702/c/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"Any portion of a participating State\u2019s allocated amount that has not been transferred to the State under this section may be deemed by the Secretary to be no longer allocated to the State and no longer available to the State and shall be returned to the general fund of the Treasury or reallocated as described under subparagraph (B), if\u2014"},{"t":"clause","id":"/us/usc/t12/s5702/c/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the second \u2153 of a State\u2019s allocated amount has not been transferred to the State before the end of the end of the 3-year period beginning on the date that the Secretary approves the State for participation; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the last \u2153 of a State\u2019s allocated amount has not been transferred to the State before the end of the end of the 6-year period beginning on the date that the Secretary approves the State for participation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Reallocation"},{"t":"content","children":[{"t":"p","text":"Any amount deemed by the Secretary to be no longer allocated to a State and no longer available to such State under subparagraph (A) may be reallocated by the Secretary to other participating States. In making such a reallocation, the Secretary shall not take into account the minimum allocation requirements under subsection (b)(2)(B) or the specific allocation for Tribal governments described under subsection (b)(2)(C).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/c/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Transferred amounts not assistance"},{"t":"content","children":[{"t":"p","text":"The amounts transferred to a participating State under this section shall not be considered assistance for purposes of subtitle V of title 31.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/c/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section\u2014"},{"t":"subpara","id":"/us/usc/t12/s5702/c/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the term \u201callocated amount\u201d means the total amount of Federal funds allocated by the Secretary under subsection (b) to the participating State; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/c/6/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" the term \u201c\u2153\u201d means\u2014"},{"t":"clause","id":"/us/usc/t12/s5702/c/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" in the case of the first \u2153 and second \u2153, an amount equal to 33 percent of a participating State\u2019s allocated amount; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t12/s5702/c/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" in the case of the last \u2153, an amount equal to 34 percent of a participating State\u2019s allocated amount.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5702/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Additional allocations to support business enterprises owned and controlled by socially and economically disadvantaged individuals"},{"t":"chapeau","text":"Of the amounts appropriated for fiscal year 2021 to carry out the Program, the Secretary shall\u2014"},{"t":"para","id":"/us/usc/t12/s5702/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" allocate $1,500,000,000 to States from funds allocated under this section and, by regulation or other guidance, prescribe Program requirements that the funds be expended for business enterprises owned and controlled by socially and economically disadvantaged individuals; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" allocate such amounts to States based on the needs of business enterprises owned and controlled by socially and economically disadvantaged individuals, as determined by the Secretary, in each State, and not subject to the allocation formula described under subsection (b).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5702/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Incentive allocations to support business enterprises owned and controlled by socially and economically disadvantaged individuals"},{"t":"content","children":[{"t":"p","text":"Of the amounts appropriated for fiscal year 2021 to carry out the Program, the Secretary shall set aside $1,000,000,000 for an incentive program under which the Secretary shall increase the second \u2153 and last \u2153 allocations for States that demonstrate robust support, as determined by the Secretary, for business concerns owned and controlled by socially and economically disadvantaged individuals in the deployment of prior allocation amounts.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t12/s5702/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Additional allocations to support very small businesses"},{"t":"para","id":"/us/usc/t12/s5702/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Of the amounts appropriated to carry out the Program, the Secretary shall allocate not less than $500,000,000 to States from funds allocated under this section to be expended for very small businesses.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s5702/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Very small business defined"},{"t":"chapeau","text":"In this subsection, the term \u201cvery small business\u201d\u2014"},{"t":"subpara","id":"/us/usc/t12/s5702/f/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" means a business with fewer than 10 employees; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s5702/f/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" may include independent contractors and sole proprietors.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}