Small Business Development Centers

SMALL BUSINESS ADMINISTRATION

13 CFR Part 130

Small Business Development Centers

AGENCY: Small Business Administration.

ACTION: Final rule.

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SUMMARY: The Small Business Administration (SBA) is promulgating

regulations governing the Small Business Development Center (SBDC)

Program. Since enactment of Pub. L. 96-302 establishing the SBDC

Program in 1980, the Program has been operating under direct statutory

authority, without regulations. This rule will establish a framework

for more efficient operation.

EFFECTIVE DATE: This rule is effective on June 13, 1995.

FOR FURTHER INFORMATION CONTACT:

Hardy Patten, Program Manager, (202) 205-6766.

SUPPLEMENTARY INFORMATION: On November 28, 1994, SBA proposed a rule

(59 FR 60723) to establish a regulatory framework for the SBDC Program,

which is administered pursuant to Section 21 of the Small Business Act,

15 U.S.C. Sec. 648 (the ``Act''). In this Program, SBA and the SBDC

networks provide managerial advice and technical assistance to enhance

the growth, innovation, and productivity of small businesses. The

issuance of regulations will clarify Program procedures.

During a 30-day public comment period on the proposed rule, SBA

received four comment letters raising 24 individual concerns. After

analyzing these comments, SBA has decided to make appropriate changes

to the rule.

In addition, in accordance with its policy to streamline existing

and proposed regulations, SBA scrutinized its proposed rule for

duplication and excess verbiage, eliminating more than 25% of the body

of the rule, without altering its substance. The following summary of

issues raised does not discuss streamlining revisions, unless a comment

pertained to a portion of the proposed rule which has been deleted or

otherwise revised.

Summary of Issues Raised by Public Comment

Section 130.100(b) of the proposed rule, providing an overview of

the Program, has been merged into section 130.100(a). The portion of

the section which referred to SBA consultation with SBDC Directors and

recognized organizations representing SBDCs in the formulation of the

annual Program Announcement and the development of Program guidelines

was duplicated in section 130.350(a) and was deleted from section

130.100.

Several comments were received regarding the consultation

provision. One comment correctly pointed out that section 21(a)(3)(A)

of the Act only requires SBA to recognize and consult with the

organization of which more than a majority of SBDCs are members. SBA

has revised the proposed rule to refer in section 130.350(a) to ``the

Recognized Organization'', instead of recognized organizations, and to

add a definition of Recognized Organization at new section 130.110(y).

Two other comments suggested that the regulation describe the

timing and means of obtaining the consultation. [[Page 31055]] SBA

rejected these suggestion, finding no reason why consultation with SBDC

Directors or the Recognized Organization should be limited or

restricted in any manner. Another comment proposed that Program

guidelines not be developed outside of the regulations. SBA disagrees

and has deleted the reference to Program guidelines from this final

rule. SBA will continue to provide guidance and interpretive materials,

consistent with these regulations, for use by SBDCs and SBA field

offices.

Section 130.110 defines terms used in the regulation. Section

130.100(e) states that Cash Match must be non-Federal funds equal to no

less than fifty percent of the Federal funds. Section 130.450(e)(4)

(previously misnumbered as section 130.450(6)(iv)) provides that

Matching Funds may not be from any other Federal source. With respect

to both sections, a comment suggested that funds from other Federal

sources be allowed as Cash Match if the source of the fund specifically

authorized such use. SBA disagrees, since section 21(a)(4) of the Act

clearly requires matching funds to be provided from sources other than

the Federal government.

One comment warned that the proposed definitions of ``Conflict''

and ``Dispute'' created potential for misunderstanding. SBA has

eliminated the definition of ``Conflict'', distinguishing in section

130.630 between financial and non-financial Disputes by the different

procedures provided for resolution.

The same commenter viewed the definition of ``Key SBDC Employee''

in section 130.110(q) as vague and unnecessary. Agreeing with the

comment, SBA has deleted the section.

SBA has not adopted another comment requesting that the definition

of the Grants and Cooperative Agreement Appeals Committee in section

130.110(l) be revised so that the President of the Recognized

Organization (or a designee) serve as an ex officio member of the

Committee. The Committee can still obtain the benefit of the Recognized

Organization's views and comments whenever required or appropriate.

Comments alerted SBA to several sections where language in the

proposed rule referred only to States instead of ``States, Territories

or the District of Columbia''. SBA has added a definition of ``Area of

Service'' as section 130.110(c) and revised sections 130.310(a),

130.310(b) and 130.410(b) as required.

One comment suggested that section 130.360(a) require

representation of States or territories on State advisory boards. SBA

notes that the statutory provision establishing a National SBDC

Advisory Board designated the number and general composition of the

board, while the provision establishing the State and regional boards

was silent as to these matters. Accordingly, SBA has concluded that

Congress intended that SBDCs have maximum flexibility in composing

State boards.

Section 130.340(b) of the proposed rule prohibited SBDCs from

making loans, servicing loans, making credit decisions regarding the

award of loans, or making credit recommendations (unless authorized to

do so by the Administrator). One commenter objected that SBDCs have not

been making credit recommendations, since they are beyond the

responsibility of an SBDC. SBA agreed and deleted the reference to

credit recommendations.

Under section 130.410, an application for initial funding must

include a letter from the Governor, or his or her designee, of the

State or Territory in which the SBDC will operate. A comment suggested

that such a letter be required to accompany each renewal application as

well. Since such a requirement would impose a condition upon renewal

beyond what is required by the statute, SBA rejected the suggested

change.

Section 130.430, describing factors to be considered in reviewing

applications, generated no comments. To implement section 404 of P.L.

103-403, amending section 21(k) of the Act, SBA has added two factors:

the results of any examination conducted under Sec. 130.810(b) and the

pertinent results of any certification process conducted pursuant to

any certification program developed by the Recognized Organization.

Section 130.450 delineates the requirements concerning Matching

Funds. A comment objected that the phrase ``any Cooperative Agreement''

implied that there could be more than one between an SBDC and the SBA.

The sentence was deleted in its entirety as part of the streamlining

effort.

Section 130.460 lists the information to be included in the budget

justification portion of a proposal. Under section 130.460(g) (formerly

section 130.460(b)(2)(iii)(D)), unplanned out-of-State travel which

exceeds the approved budgeted amount must be approved by the Project

Officer. The proposed rule required a written budget revision and a

written narrative explaining the need for such travel. A commenter

objected to the paperwork, since approval still rests in the Project

Officer's discretion. SBA agrees and has deleted the paperwork

requirement.

Section 130.470 describes the activities and services for which an

SBDC may charge a fee. The proposed rule allowed SBDCs to charge a fee

to cover costs in connection with training activities or specialized

services. A comment correctly pointed out that specialized services

were not defined in the proposed rule and that SBDCs often pass through

to clients the costs of services from third parties. SBA has revised

the section to include costs of third parties passed through to clients

and has added a definition of specialized services at Sec. 130.110(cc).

Proposed sections 130.630 and 130.640, respectively, set forth

Dispute and Conflict resolution procedures (now consolidated as section

130.630). One comment objected that the proposed procedures did not

offer neutral decision-making and separation of functions, suggesting

that the Dispute resolution procedures include a hearing conducted

pursuant to Section 554 of the Administrative Procedure Act. Since

neither financial Disputes nor programmatic (non-financial) Disputes

involve suspension, termination or failure to renew or extend, SBA

considered the procedures to be consistent with the statutory

provisions, reflecting reasonable exercise of administrative discretion

without adding undue administrative complexity. Therefore, no changes

were made to either section.

Section 130.700 generally explains the grounds and procedures for

suspending, terminating or failing to renew a recipient organization.

SBA relocated proposed section 130.650 (dealing with procedures for not

renewing an SBDC) as section 130.700(c) in the final rule. SBA also has

deleted the reference in section 130.700(a) to former Sec. 130.630 and

Sec. 130.640 (regarding Dispute and Conflict resolutions), finding it

to be misleading because Disputes do not involve the suspension,

termination or failure to renew a Cooperative Agreement.

Section 130.700(b) sets forth the causes which might lead to

suspension, termination or failure to renew, including the failure to

suspend or terminate an SBDC Director, subcenter Director or key SBDC

employee promptly upon learning that such individual has a criminal

conviction for a felony, a criminal conviction for a misdemeanor

involving a variety of listed offenses, or a civil judgment which

reflects adversely upon his or her business integrity. A comment

objected that the provisions were so broad that [[Page 31056]] nearly

any conviction or judgment might trigger the cause. SBA agrees and has

revised the guidelines.

SBA made one revision in section 130.700(c)(7) (proposed section

130.650(g)), changing from 60 days to 120 days the time permitted an

SBDC to conclude operations and submit close-out documents when its

application for renewal has been denied.

Section 130.810 sets forth mechanisms that SBA may use to oversee

and monitor the SBDC program, including site visits, on-site

examinations and audits. In order to comply with section 404 of P.L.

103-403, SBA has made the following changes to the section: (a)

Sec. 130.810(b) in the proposed rule, providing for required on-site

reviews, has been deleted in its entirety and has been replaced by a

new section 130.810(b), requiring SBA examiners to perform biannual

programmatic and financial examinations of each SBDC; (b)

Sec. 130.810(d)(1) in the proposed rule, providing for limited scope

reviews, has been deleted; and (c) a new section 130.810(c) has been

added permitting SBA to provide financial support to the Recognized

Organization to develop and implement an SBDC certification program.

Section 130.830 describes audit procedures. In response to a

comment, SBA has revised the language to clarify that pre-award audits

will be conducted by or coordinated with the SBA Office of Inspector

General according to Government Auditing Standards.

Compliance With Executive Orders 12612, 12778 and 12866; Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.; and the Paperwork Reduction

Act, 44 U.S.C. ch. 35.

SBA certifies that this rule is not a significant rule within the

meaning of Executive Order 12866 because it does not have an annual

economic effect in excess of $100 million, result in a major increase

in costs for individuals or governments, or have a significant adverse

effect on competition. The rule conforms to existing parameters under

which the Program is functioning.

For purposes of Executive Order 12612, SBA certifies that this rule

has federalism implications. As such, SBA offers the following

Federalism Assessment.

This rule is designed to allow the States participating in the

Program maximum policy-making and administrative discretion within the

requirements of the law and sound Program management. In formulating

and implementing the policies set forth in this rule, SBA has

encouraged State participants to develop their own methods of achieving

program objectives and has limited the number of uniform national

requirements.

For purposes of Executive Order 12778, SBA certifies that this rule

is drafted in accordance with the standards set forth in section 2 of

that Order.

For purposes of the Regulatory Flexibility Act, SBA certifies that

this rule does not have a significant economic effect on a substantial

number of small entities because it does not impose material changes on

the existing program.

For purposes of the Paperwork Reduction Act, SBA certifies that

this rule imposes no new reporting or recordkeeping requirements. The

rule does, however, codify, at sections 130.800 through 130.830,

paperwork requirements previously cleared by the Office of Management

and Budget.

List of Subjects in 13 CFR Part 130

Business development, small businesses, Small Business Development

Center (SBDC), technical assistance.

Title 13 of Code of Federal Regulations, Chapter 1 shall be amended

by adding a new Part 130 as follows:

PART 130--SMALL BUSINESS DEVELOPMENT CENTERS

Sec.

130.100 Introduction.

130.110 Definitions.

130.200 Eligible entities.

130.300 Small Business Development Centers (SBDCs). [Reserved]

130.310 Area of service.

130.320 Location of lead centers and SBDC service providers.

130.330 Operating requirements.

130.340 SBDC services and restrictions on service.

130.350 Specific program responsibilities.

130.360 SBDC advisory boards.

130.400 Application procedure. [Reserved]

130.410 New applications.

130.420 Renewal applications.

130.430 Application decisions.

130.440 Maximum grant.

130.450 Matching funds.

130.460 Budget justification.

130.470 Fees.

130.480 Program income.

130.500 Funding.

130.600 Cooperative agreement. [Reserved]

130.610 General terms.

130.620 Revisions and amendments to cooperative agreement.

130.630 Dispute resolution procedures.

130.700 Suspension, termination and non-renewal.

130.800 Oversight of the SBDC program.

130.810 SBA review authority.

130.820 Reports and recordkeeping.

130.830 Audits and investigations.

Authority: Sections 5(b)(6) and 21 of the Small Business Act, as

amended, 15 U.S.C. 634(b)(6) and 648; Pub. L. 101-515, 101 Stat.

2101; Pub. L. 101-574, 104 Stat. 2814; Pub. L. 102-366, 106 Stat.

986; and Pub. L. 102-395, 106 Stat. 1828.

Sec. 130.100 Introduction.

(a) Objective. The SBDC Program creates a broad-based system of

assistance for the small business community by linking the resources of

Federal, State and local governments with the resources of the

educational community and the private sector. Although SBA is

responsible for the general management and oversight of the SBDC

Program, a partnership exists between SBA and the recipient

organization for the delivery of assistance to the small business

community.

(b) Incorporation of amended references. All references in these

regulations to OMB Circulars, other SBA regulations, Standard Operating

Procedures, and other sources of SBA policy guidance incorporate all

ensuing changes or amendments to such sources.

Sec. 130.110 Definitions.

Application. The written submission by a new applicant organization

or an existing recipient organization explaining its projected SBDC

activities for the upcoming budget period and requesting SBA funding

for use in its operations.

Applicant organization. An entity, described in Sec. 130.200(a),

which applies to establish and operate an SBDC network.

Area of Service. The State or territory, or portion of a State or

territory (when there is more than one SBDC in a State or territory),

or the District of Columbia, in which an applicant organization

proposes to provide services or in which a recipient organization

provides services.

Budget period. The 12-month period in which expenditure obligations

are incurred by an SBDC network, coinciding with either the calendar

year or the Federal fiscal year.

Cash Match. Non-Federal funds allocated specifically to the

operation of the SBDC network equalling no less than fifty percent of

the Federal funds. Cash Match includes direct costs committed by the

applicant or recipient organization and sponsoring SBDC organizations,

to the extent that such costs are committed as part of the verified,

specific, line item direct costs prior to funding. Cash Match does not

include indirect costs, overhead costs or in-kind contributions.

Cognizant Agency. The Federal agency, other than SBA, from which a

recipient organization or sponsoring [[Page 31057]] SBDC organization

receives its largest grant or greatest amount of Federal funding, and

from which it obtains an indirect cost rate for budgetary and funding

purposes, applicable throughout the Federal government.

Cooperative Agreement. The written contract between SBA and a

recipient organization, describing the conditions under which SBA

awards Federal funds and recipient organizations provide services to

the small business community.

Cosponsorship. A ``Cosponsorship'' as defined in and governed by

Sec. 8(b)(1)(A) of the Act and SBA's Standard Operating Procedures.

Counseling. Individual advice, guidance or instruction given to a

small business person or entity.

Direct costs: ``Direct costs'' as defined in Office of Management

and Budget (OMB) Circulars A-21, A-87 and A-122. Recipient

organizations must allocate at least 80 percent of the Federal funds

provided through the Cooperative Agreement to the direct costs of

program delivery.

Dispute. Dispute means a program or financial disagreement which

the recipient organization requests be handled with SBA in a formal

manner.

Grants and Cooperative Agreement Appeals Committee. The SBA

committee, appointed by the SBA Administrator, which resolves appeals

arising from financial Disputes between a recipient organization and

SBA.

Grants Management Specialist. An SBA employee designated by the AA/

SBDCs who is responsible for the financial review, award, and

administration of one or more SBDC Cooperative Agreements.

Indirect costs. ``Indirect costs'' as defined in Office of

Management and Budget (OMB) Circular A-21, A-87 or A-122.

In-kind contributions. Property, facilities, services or other non-

monetary contributions from non-federal sources. See OMB Circular A-87,

A-102, or A-110, as appropriate.

Lead Center. The entity which administers and operates the SBDC

network.

Lobbying. Lobbying as described in OMB Circulars A-21, A-87 and A-

122, and Pub. L. 101-121, section 319.

Overmatched Amount. Non-Federal Contributions to SBDC project

costs, including cash, in-kind contributions and indirect costs, in

excess of the statutorily required amount.

Program Announcement. SBA's annual publication of requirements

which an applicant or recipient organization must address in its

initial or renewal application.

Program income. Income earned or received by the SBDC network from

any SBDC supported activity as defined in Attachment D of OMB Circular

A-110 and Attachment E of OMB Circular A-102.

Program manager. An SBA employee responsible for overseeing the

operations of one or more SBDCs.

Project officer. An SBA employee who negotiates the annual

Cooperative Agreement and monitors the ongoing operations of an SBDC.

Project period. The period of time, usually in twelve (12) month

increments, during which the SBDC network operates, beginning on the

day of award and continuing over a number of budget periods.

Recipient organization. The name given to an applicant organization

after funding is approved and the applicant organization enters into a

Cooperative Agreement. The recipient organization receives the Federal

funds and is responsible for establishing the Lead Center.

Recognized Organization. The organization whose members include a

majority of SBDCs and which is recognized as an SBDC representative by

SBA in accordance with Sec. 21(a)(3)(A) of the Small Business Act, 15

U.S.C. 648(a)(3)(A).

SBDC Director. The full-time senior manager designated by each

recipient organization and approved by SBA.

SBDC network. The Lead Center and SBDC service providers.

SBDC service providers. SBDC network participants, including the

Lead Center, subcenters (at times referred to as regional centers),

satellite locations, and any other entity authorized by the recipient

organization to perform SBDC services.

Specialized Services. SBDC services other than Counseling and

Training.

Sponsoring SBDC organizations. Organizations or entities which

establish one or more SBDC service providers as part of the SBDC

network under a contract or agreement with the recipient organization.

Training. The provision of advice, guidance and instruction to

groups of prospective and existing small business persons and entities,

whether by in-person group sessions or by such communication modes as

teleconferences, videos, publications and electronic media.

Sec. 130.200 Eligible entities.

(a) Recipient Organization. The following entities are eligible to

operate an SBDC network:

(1) A public or private institution of higher education;

(2) A land-grant college or university;

(3) A college or school of business, engineering, commerce or

agriculture;

(4) A community or junior college;

(5) An entity formed by two or more of the above entities; or

(6) Any entity which was operating as a recipient organization as

of December 31, 1990.

(b) SBDC Service Providers. SBDC service providers are not required

to meet the eligibility requirements of a recipient organization.

Sec. 130.300 Small Business Development Centers (SBDCs). [Reserved]

Sec. 130.310 Area of service.

The AA/SBDC shall designate in writing the Area of Service of each

recipient organization, consistent with the State plan. More than one

recipient organization may be located in a State or Territory if the

AA/SBDC determines it is necessary or beneficial to implement the

Program effectively and to provide services to all interested small

businesses.

Sec. 130.320 Location of lead centers and SBDC service providers.

(a) The recipient organization must locate its Lead Center and SBDC

service providers so that services are readily accessible to small

businesses in the Area of Service.

(b) The locations of the Lead Center and the SBDC service providers

will be reviewed by SBA as part of the application review process for

each budget period.

Sec. 130.330 Operating requirements.

(a) The Lead Center must be an independent entity within the

recipient organization, having its own staff, including a full-time

SBDC Director.

(b) A Lead Center must provide administrative services and

coordination for the SBDC network, including program development,

program management, financial management, reports management, promotion

and public relations, program assessment and evaluation, and internal

quality control.

(c) The Lead Center shall be open to the public throughout the year

during the normal business hours of the recipient organization.

Anticipated closures shall be included in the annual renewal

application. Emergency closures shall be reported to the SBA Project

Officer as soon as is feasible. Other SBDC service providers shall be

open during the normal business hours of their sponsoring SBDC

organizations.

(d) The Lead Center and other SBDC service providers must have a

conflict of interest policy applicable to their SBDC

[[Page 31058]] consultants, employees, instructors and volunteers.

(e) The SBDC network shall comply with 13 CFR parts 112, 113 and

117, which require that no person shall be excluded on the grounds of

age, color, handicap, marital status, national origin, race, religion

or sex from participation in, be denied that benefits of, or otherwise

be subjected to discrimination under, any program or activity for which

the recipient organization received Federal financial assistance from

SBA.

Sec. 130.340 SBDC services and restrictions on service.

(a) Services. The SBDC network must provide prospective and

existing small business persons and entities with Counseling, Training

and Specialized Services, concerning the formation, financing,

management and operation of small business enterprises, reflecting

local needs. The recipient organization shall primarily utilize

institutions of higher education to provide services to the small

business community. To the extent possible, SBDCs shall use other

Federal, State, and local government programs that assist small

business. Services periodically should be assessed and improved to keep

pace with changing small business needs.

(b) Access to Capital. (1) SBDCs are encouraged to provide

counseling services that increase a small business concern's access to

capital, such as business plan development, financial statement

preparation and analysis, and cash flow preparation and analysis.

(2) SBDCs should help prepare their clients to represent themselves

to lending institutions. While SBDCs may attend meetings with lenders

to assist clients in preparing financial packages, the SBDCs may not

take a direct role in representing clients in loan negotiations.

(3) SBDCs should inform their clients that financial packaging

assistance does not guarantee receipt of a loan.

(4) SBDCs may not make loans, service loans or make credit

decisions regarding the award of loans.

(5) With respect to SBA guaranty programs, SBDCs may assist clients

to formulate a business plan, prepare financial statements, complete

forms which are part of a loan application, and accompany an applicant

appearing before SBA. Unless authorized by the SBA Administrator with

respect to a specific program, an SBDC may not advocate, recommend

approval or otherwise attempt in any manner to influence SBA to provide

financial assistance to any of its clients. An SBDC cannot collect fees

for helping a client to prepare an application for SBA financial

assistance.

(c) Special emphasis initiatives. From time to time, SBA may

identify portions of the general population to be targeted for

assistance by SBDCs. Support of SBA special emphasis initiatives will

be negotiated each year as part of the application process and included

in the Cooperative Agreement when appropriate.

Sec. 130.350 Specific program responsibilities.

(a) Policy development. SBA will establish Program policies and

procedures to improve the delivery of services by SBDCs to the small

business community, and to enhance compliance with applicable laws,

regulations, OMB Circulars and Executive Orders. In doing so, SBA

should consult, to the extent practicable, with the Recognized

Organization.

(b) Responsibilities of SBDC Directors. The SBDC Director shall

direct and monitor program activities and financial affairs of the SBDC

network to deliver effective services to the small business community,

comply with applicable laws, regulations, OMB Circulars and Executive

Orders, and implement the Cooperative Agreement. The SBDC Director has

authority to control expenditures under the Lead Center's budget. SBDC

Directors may manage other programs in addition to the SBDC Program if

the programs serve small businesses and do not duplicate the services

provided by the SBDC network. However, SBDC Directors may not receive

additional compensation for managing these programs. The SBDC Director

shall serve as the principal contact point for all matters involving

the SBDC network.

Sec. 130.360 SBDC advisory boards.

(a) State/Regional Advisory Boards. (1) The Lead Center must

establish an advisory board to advise, counsel, and confer with the

SBDC Director on matters pertaining to the operation of the SBDC

network.

(2) The advisory board shall be referred to as a State SBDC

Advisory Board in an Area of Service having only one recipient

organization, and a Regional SBDC Advisory Board in an Area of Service

having more than one recipient organization.

(3) These advisory boards must include small business owners and

other representatives from the entire Area of Service.

(4) New Lead Centers must establish a State or Regional SBDC

Advisory Board no later than the second budget period.

(5) A State or Regional SBDC Advisory Board member may also be a

member of the National SBDC Advisory Board.

(6) The reasonable cost of travel of any Board member for official

Board activities may be paid out of the SBDC's budgeted funds.

(b) National SBDC Advisory Board. (1) SBA shall establish a

National SBDC Advisory Board consisting of nine members who are not

Federal employees, appointed by the SBA Administrator. The Board shall

elect a Chair. Three members of the Board shall be from universities or

their affiliates and six shall be from small businesses or associations

representing small businesses. Board members shall serve staggered

three year terms, with three Board members appointed each year. The SBA

Administrator may appoint successors to fill unexpired terms.

(2) The National SBDC Advisory Board shall advise and confer with

SBA's AA/SBDCs on policy matters pertaining to the operation of the

SBDC program. The Board shall meet with the AA/SBDCs at least

semiannually.

Sec. 130.400 Application procedure. [Reserved]

Sec. 130.410 New applications.

(a) If SBA declines to renew an existing recipient organization or

the recipient organization declines to reapply, SBA may accept

applications from other organizations interested in becoming a

recipient organization. An eligible entity may apply by submitting an

application to the SBA District Office in the Area of Service in which

the applicant proposes to provide services.

(b) An application for initial funding of a new SBDC network must

include a letter by the Governor, or his or her designee, of the Area

of Service in which the SBDC will operate, or other evidence,

confirming that the applicant's designation as an SBDC would be

consistent with the plan adopted by the State government and approved

by SBA. No such requirement is imposed on subsequent applications from

existing recipient organizations.

(c) The application must set forth the eligible entity or entities

proposing to operate the SBDC network; a list of the Lead Center and

other SBDC service providers by name, address and telephone number; the

geographic areas to be serviced; the resources to be used; the services

that will be provided; the method for delivering the services,

including a description of how and to what extent academic, private and

public resources will be used; a budget; a listing of the proposed

members of the [[Page 31059]] State or Regional Advisory Board and

other relevant information set forth in the Program Announcement.

(d) SBA officials may request supplemental information or

documentation to revise or complete an application.

(e) Upon written recommendation for approval by the SBA District

Director, the proposal shall be submitted to the AA/SBDCs for review.

Sec. 130.420 Renewal applications.

(a) SBDCs shall comply with the requirements in the annual Program

Announcement, including format and due dates, to receive consideration

of their renewal applications. The SBA Project Officer, with the

concurrence of the Program Manager, may grant an extension. The

recipient organization shall submit the renewal application to the SBA

office in the District in which the recipient organization is located.

The annual Program Announcement will include a timetable for SBA

review.

(b) After review by the SBA Project Officer and written

recommendation for approval by the District Director, the Program

Manager and Grants Management Specialist shall review the renewal

application for conformity with the Program Announcement, OMB Circulars

and all other statutory, financial and regulatory requirements. SBA

officials may request supplemental information and documentation prior

to issuing the Cooperative Agreement.

Sec. 130.430 Application decisions.

(a) The AA/SBDCs may approve, conditionally approve, or reject any

application. In the event of a rejection, the AA/SBDCs shall

communicate the reasons for rejection to the applicant and the

appropriate SBA field office. If the approval is conditional, the

conditions and applicable remedies shall be specified as special terms

and conditions in the Cooperative Agreement. Upon approval or

conditional approval, the Grants Management specialist may issue a

Cooperative Agreement.

(b) In considering the application, significant factors shall

include:

(1) The applicant's ability to contribute Matching Funds;

(2) For renewal Proposals, the quality of prior performance;

(3) The results of any examination conducted pursuant to

Sec. 130.810(b) of these regulations; and

(4) Any certification resulting from any certification program

developed by the Recognized Organization.

(c) In the event of a conditional approval, SBA may conditionally

fund a recipient organization for one or more specified periods of time

up to a maximum of one budget period. If the recipient organization

fails to resolve the specified matters to the AA/SBDCs' satisfaction

within the allotted time period, SBA has the right to discontinue

funding the SBDC, subject to the provisions of Sec. 130.700.

Sec. 130.440 Maximum grant.

No recipient shall receive an SBDC grant exceeding the greater of

the minimum statutory amount, or its pro rata share of all SBDC grants

as determined by the statutory formula set forth in section 21(a)(4) of

the Act.

Sec. 130.450 Matching funds.

(a) The recipient organization must provide total Matching Funds

equal to the total amount of SBA funding. At least 50% of the Matching

Funds must be Cash Match. The remaining 50% may be provided through any

allowable combination of additional cash, in-kind contributions, or

indirect costs.

(b) All sources of Matching Funds must be identified as

specifically as possible in the budget proposal. Cash sources shall be

identified by name and account. All applicants must submit a

Certification of Cash Match and Program Income executed by an

authorized official of the recipient organization or any sponsoring

SBDC organization providing Cash Match through a subcontract agreement.

The account containing such cash must be under the direct management of

the SBDC Director, or, if provided by a sponsoring SBDC organization,

its subcenter Director. If a political entity is providing such cash

and the funds have not been appropriated prior to issuance of the

Cooperative Agreement, the recipient organization must certify that

sufficient funds will be available from the political entity prior to

the use of Federal dollars.

(c) The Grants Management Specialist is responsible for determining

whether Matching Funds or Cash Match meet the requirements of the Act

and appropriate OMB circulars.

(d) Overmatched Amounts. (1) SBDC are encouraged to furnish

Overmatched Amounts.

(2) An Overmatched Amount can be applied to additional Matching

Funds requirements necessitated by any supplemental funding increase

received by the SBDC during the budget period, as long as the total

Cash Match provided by the SBDC is 50% or more of the total SBA funds

provided during the budget period.

(3) If used in the manner described in paragraph (d)(2) of this

section, such Overmatched Amount is reclassified as committed Matching

Funds.

(4) Allowable Overmatched Amounts which have not been used in the

manner described in paragraph (d)(2) of this section may, with the

approval of the AA/SBDCs, be used as a credit to offset any confirmed

audit disallowances applicable only to the budget period in which the

Overmatched Amount exists and the two previous budget periods. Such

offsetting funds shall be considered Matching Funds.

(e) Impermissible sources of Matching Funds. Under no circumstances

may the following be used as sources of the Matching Funds of the

recipient organization:

(1) Uncompensated student labor;

(2) SCORE, ACE, or SBI volunteers;

(3) Program income or fees collected from small businesses

receiving assistance;

(4) Funds or indirect or in-kind contributions from any other

Federal source.

Sec. 130.460 Budget justification.

The SBDC Director, as a part of the renewal application, or the

applicant organization's authorized representative in the case of a new

SBDC application, shall prepare and submit to the SBA Project Officer

the budget justification for the upcoming budget period. The budget

shall be reviewed annually upon submission of a renewal application.

(a) Direct costs. Unless otherwise provided in applicable OMB

circulars, at least eighty percent (80%) of SBA funding must be

allocated to direct costs of Program delivery.

(b) Indirect costs. If the applicant organization waives all

indirect costs to meet the Matching Funds requirement, one hundred

percent (100%) of SBA funding must be allocated to program delivery. If

some, but not all, indirect costs are waived to meet the Matching Funds

requirement, the lesser of the following may be allocated as indirect

costs of the Program and charged against the Federal contribution:

(1) Twenty percent (20%) of Federal contribution, or

(2) The amount remaining after the waived portion of indirect costs

is subtracted from the total indirect costs.

(c) Separate SBDC service provider budgets.

(1) The applicant organization shall include separate budgets for

all subcontracted SBDC service providers in conformity with OMB

requirements. Applicable direct cost categories and indirect cost base/

rate agreements shall be included for the Lead Center and all SBDC

service providers, using a rate [[Page 31060]] equal to or less than

the negotiated predetermined rate. If no such rate exists, the

sponsoring SBDC organization or SBDC service provider shall negotiate a

rate with its Cognizant Agency. In the event the sponsoring SBDC

organization or SBDC service provider does not have a Cognizant Agency,

the rate shall be negotiated with the SBA Project Officer in accordance

with OMB guidelines (see OMB Circular A-21).

(2) The amount of cash, in-kind contributions and indirect costs

for the Lead Center and all sub-contracted SBDC service providers shall

be indicated in accordance with OMB requirements.

(d) Cost principles. Principles for determining allowable costs are

contained in OMB Circulars A-21 (cost principles for grants, contracts,

and other agreements with educational institutions), A-87 (cost

principles for programs administered by State and local governments),

and A-122 (cost principles for nonprofit organizations).

(e) Costs associated with lobbying. No portion of the Federal

contribution received by an SBDC may be used for lobbying activities,

either directly by the SBDC or indirectly through outside

organizations, except those activities permitted by OMB. Restrictions

on and reports of lobbying activities by the SBDC shall be in

accordance with OMB requirements, Section 319 of Public Law No. 101-

121, and the annual Program Announcement.

(f) Salaries. (1) If a recipient organization is an educational

institution, the salaries of the SBDC Director and the subcenter

Directors must approximate the average annualized salary of a full

professor and an assistant professor, respectively, in the school or

department in which the SBDC is located. If a recipient organization is

not an educational institution, the salaries of the SBDC Director and

the subcenter Directors must approximate the average salaries of

parallel positions within the recipient organization. In both cases,

the recipient organization should consider the Director's longevity in

the Program, the number of subcenters and the individual's experience

and background.

(2) Salaries for all other positions within the SBDC should be

based upon level of responsibility, and be comparable to salaries for

similar positions in the area served by the SBDC.

(3) Recruitment and salary increases for SBDC Directors, subcenter

Directors and staff members should conform to the administrative policy

of the recipient organization.

(g) Travel. All travel must be separately identified in the

proposed budget as planned in-State, planned out-of-State, unplanned

in-State or unplanned out-of-State. All proposed travel must use coach

class, apply directly to specific work of the SBDC or be incurred in

the normal course of Program administration, and conform to the written

travel policies of the recipient organization or the sponsoring SBDC

organization. (Per diem rates, including lodging, shall not exceed

those authorized by the recipient organization.) Transportation costs

must be justified in writing, including the estimated cost, number of

persons traveling, and the benefit to be derived by the small business

community from the proposed travel. A specific projected amount, based

on the SBDC's past experience, where appropriate, must also be included

in the budget for unplanned travel. A more detailed justification must

be given for unplanned out-of-State travel. Any proposed unplanned out-

of-State travel exceeding the approved budgeted amount for travel must

be submitted to the Project Officer for approval on a case-by-case

basis. Travel outside the United States must have prior approval by the

AA/SBDCs on a case-by-case basis.

(h) Dues. Costs of memberships in business, technical, and

professional organizations shall be allowable expenses. The use of

Federal funds to pay dues for business, technical and professional

organizations shall be permitted, provided that the payments are

included in the budget proposal, are approved by the SBA and comply

with Sec. 130.460(e).

Sec. 130.470 Fees.

An SBDC may charge clients a reasonable fee to cover the costs of

Training sponsored or cosponsored by the SBDC, costs of services

provided by or obtained from third parties, or the costs of providing

Specialized Services. Fees may not be imposed for Counseling.

Sec. 130.480 Program income.

(a) Program income for recipient organizations or SBDC service

providers based in universities or nonprofit organizations shall be

subject to OMB requirements (see OMB Circular A-110). Program income

for recipient organizations or SBDC service providers based in State or

local governments shall be subject to OMB requirements (see the

provisions of Sec. 7.e and Attachment E of OMB Circular A-102) and 13

CFR 143.25.

(b) Program income, including any interest earned on Program

income, must be used to expand the quantity or quality of services,

resources or outreach provided by the SBDC network. It cannot be used

to satisfy the requirements for Matching Funds. The Project Officer

shall monitor the use of Program income. Any unused Program income will

be carried over to a subsequent budget period.

(c) SBDCs must report in detail on standard SBA forms receipts and

expenditures of program income, including any income received through

cosponsored activities. A narrative description of how Program income

was used to accomplish Program objectives shall be included.

Sec. 130.500 Funding.

The SBA funds Cooperative Agreements through its internal Letter of

Credit Replacement System (LORS), using SBA standard forms to establish

and modify letters of credit. SBDCs must use SBA standard forms to draw

down funds required to meet their estimated or actual expenses and to

submit quarterly cash transactions reports used by SBA to monitor the

frequency of drawdowns and the cash-on-hand balance. Repeated drawdowns

in excess of immediate cash needs may result in the cancellation of the

letter of credit. If interest results from the deposit of any drawdowns

in an interest-bearing account, SBDCs, other than State government

sponsored SBDCs, must report and return such interest annually to SBA.

Sec. 130.600 Cooperative agreement. [Reserved]

Sec. 130.610 General terms.

Upon approval of the initial or renewal application, SBA will enter

into a Cooperative Agreement with the recipient organization, setting

forth the programmatic and fiscal responsibilities of the recipient

organization and SBA, the scope of the project to be funded, and the

budget of the program year covered by the Cooperative Agreement.

Administrative requirements are contained in 13 CFR 143 and applicable

OMB Circulars.

Sec. 130.620 Revisions and amendments to cooperative agreement.

(a) Requests for revisions. The recipient organization may request

at any time one or more revisions to the Cooperative Agreement on an

appropriate SBA form signed by the recipient organization's authorized

representative (including a revised [[Page 31061]] budget and budget

narrative, if applicable). Revisions will normally relate to changes in

scope, work or funding during the specified budget year.

(b) Revisions which require amendment to Cooperative Agreement. The

Cooperative Agreement shall list the revisions which require Project

Officer concurrence, review by the Program Manager and the Grants

Management Specialist, approval of the AA/SBDCs and amendment of the

Cooperative Agreement. No application for an amendment shall be

effective until it is approved and incorporated into the Cooperative

Agreement. Revisions which require amendments shall include:

(1) any change in project scope or objectives;

(2) the addition or deletion of any subgrants or contracts;

(3) the addition of any new budget line items;

(4) Budget revisions and fund reallocations exceeding the limit

established by applicable administrative regulations or OMB Circulars,

either individually or in the aggregate (see paragraphs (c)(1) and

(c)(2) of this section);

(5) any proposed sole-source or one-bid contracts exceeding the

limits established by applicable regulations or OMB Circulars; and

(6) the carryover from one budget period to the next budget period

of unobligated, unexpended SBA funds allocable under the Cooperative

Agreement to nonrecurring, nonseverable bona fide needs of the SBDC

network as provided in applicable OMB Circulars and the annual Program

Announcement.

(c) Revisions which do not require amendments to the Cooperative

Agreement--(1) Budget revisions. Any budget revision, except those

which are covered by paragraph (b)(4) of this section. Budget revisions

require approval of the SBA Project Officer and the AA/SBDCs as

prescribed by applicable OMB Circulars or 13 CFR 143.30.

(2) Reallocation of funds. Reallocation of funds must be conducted

in accordance with applicable OMB Circulars or 13 CFR 143.30.

Additional guidance on this matter may be included in the annual

Program Announcement.

Sec. 130.630 Dispute resolution procedures.

(a) Financial Disputes. (1) A recipient organization wishing to

resolve a financial Dispute formally must submit a written statement

describing the subject of the Dispute, together with any relevant

documents or other evidence bearing on the Dispute, to the Grants

Management Specialist, with copies to the Project Officer. The Grants

Management Specialist shall respond in writing to the recipient

organization within 30 calendar days of receipt of the descriptive

statement.

(2) If the recipient organization receives an unfavorable decision

from the Grants Management Specialist, it may file an appeal with the

AA/SBDCs within 30 calendar days of issuance of the unfavorable

decision. The AA/SBDCs shall respond in writing to the recipient

organization within 15 calendar days of receipt of the appeal.

(3) If the recipient organization receives an unfavorable decision

from the AA/SBDCs, it may make a final appeal to the SBA Grants and

Cooperative Agreements Appeals Committee (the ``Committee'') within 30

calendar days of the date of issuance of the AA/SBDCs' written

decision. Copies of the appeal shall also be sent to the Grants

Management Specialist and the Project Officer.

(4) Appeals must be in writing. Formal briefs and other technical

forms of pleading are not required. Requests for a hearing will not be

granted unless there are material facts substantially in dispute.

Appeals must contain at least the following:

(i) Name and address of the recipient organization;

(ii) The SBA field office;

(iii) The Cooperative Agreement;

(iv) A statement of the grounds for appeal, with reasons why the

appeal should be sustained;

(v) The specific relief desired on appeal; and

(vi) If a hearing is requested, a statement of the material facts

which are substantially in dispute.

(5) The AA/SBDCs or the Committee may request from the SBDC or the

District Office additional information or documentation at any stage in

the proceedings.

(6) If a request for a hearing is granted, the Committee will

provide the recipient organization with written instructions, and will

afford the parties an opportunity to present their positions to the

Committee.

(7) The Committee will reach a decision on the merits of the appeal

within 30 days of the hearing date.

(8) The Chairperson, with advice from the Office of General

Counsel, shall prepare and transmit a written final decision to the

recipient organization with copies to the Grants Management Specialist

and the Project Officer.

(9) Expedited Dispute appeal process. By an affirmative vote

constituting a majority of its total membership, the Committee may

shorten response times to attain final resolution of a Dispute before

the issuance date of a new Cooperative Agreement. At any time within

120 days of the end of the budget period, the recipient organization

may submit a written request to use an expedited process. If a Dispute

affects refunding, the Committee must meet to consider the matter prior

to the end of the budget period, provided that the recipient

organization has supplied the Committee with all requested

documentation.

(b) Programmatic (non-financial) Disputes. (1) If a programmatic

Dispute is not resolved at the SBA District Office level, the recipient

organization may request its submission to the next SBA administrative

level having authority to review such matter. The Project Officer shall

refer the Dispute in writing, including comments of the SBDC Director,

within 15 calendar days of receipt of the request.

(2) If the programmatic Dispute is not resolved at an intermediate

SBA administrative level within 15 calendar days of receipt thereof, it

shall be forwarded, in writing, to the AA/SBDCs for final resolution.

All comments of the SBDC Director must be included in any package

forwarded to the AA/SBDCs.

(3) The AA/SBDCs shall transmit a final, written decision to the

recipient organization, the SBDC Director, the SBA Project Officer and

other appropriate SBA field office personnel within 30 calendar days of

receipt of such documentation, unless an extension of time is mutually

agreed upon by the recipient organization and the AA/SBDCs.

Sec. 130.700 Suspension, termination and non-renewal.

(a) General. After SBA has entered into a Cooperative Agreement

with a recipient organization, it shall not suspend, terminate or fail

to renew the agreement unless SBA gives the recipient organization

written notice setting forth the reasons and affording the recipient

organization an opportunity for a hearing. Subject to this requirement

and the provisions of Sec. 130.700(c) regarding non-renewal procedures

for non-performance, the applicable general procedures for suspension

and termination are contained in 13 CFR 143.43 and 143.44, and in OMB

Circular A-110, Attachment L.

(b) Causes. Causes which may lead to suspension, termination, or

failure to renew include non-performance, poor performance,

unwillingness to implement changes to improve

[[Page 31062]] performance, or any of the following reasons:

(1) Disregard or material violation of these regulations;

(2) A willful or material failure to perform under the Cooperative

Agreement or under these regulations;

(3) Conduct reflecting a lack of business integrity or honesty;

(4) A conflict of interest causing real or perceived detriment to a

small business concern, a contractor, the SBDC or SBA;

(5) Improper use of Federal funds;

(6) Failure of a Lead Center or its subcenters to consent to audits

or examination or to maintain required documents or records;

(7) Failure of the SBDC Director to work at the SBDC Lead Center on

a full-time basis;

(8) Failure promptly to suspend or terminate the employment of an

SBDC Director, subcenter Director or other key employee upon receipt of

knowledge by the recipient organization and/or SBA that such individual

is engaging in or has engaged in conduct resulting in a criminal

conviction or civil judgment which would cause the public to question

the SBDC's business integrity, taking into consideration such factors

as the magnitude, repetitiveness, harm caused and remoteness in time of

the activity or activities underlying the conviction or judgment.

(9) Violation of the SBDC's standards of conduct as specified in

these rules and as established by the SBDC pursuant to these rules; or

(10) Any other cause not otherwise specified which materially and

adversely affects the operation or integrity of an SBDC or the SBDC

program.

(c) Non-Renewal Procedure. (1) Subject to Sec. 130.700(a), when an

SBA District Director believes there is sufficient evidence of SBDC

nonperformance, poor performance or unwillingness to implement changes

to improve performance, under the terms of the Cooperative Agreement or

these regulations, the District Director shall notify the SBDC Director

and any other appropriate official of the recipient organization of an

intention not to approve its renewal application.

(2) Notice can be submitted at any time during the budget period,

but normally should be sent no later than 3 months prior to the due

date for renewal applications at the District Office.

(3) The notice shall specifically cite the reasons for the

intention not to renew. It must allow the recipient organization 60

days within which to change its operations to correct the problems

cited in the notice, and to report to the Project Officer, in writing,

regarding the results of such changes.

(4) If the recipient organization is unwilling or unable to address

the specific problem areas to the satisfaction of the SBA District

Office within the 60-day period, the SBA Project Officer shall have ten

(10) calendar days after expiration of the 60 days to submit to the AA/

SBDCs a written description of the unresolved issues, a summary of the

positions of the District Office on the issues, and any supportive

documentation.

(5) The AA/SBDCs shall transmit a written, final decision to the

recipient organization, the SBDC Director, the SBA Project Officer and

other appropriate SBA field office personnel within 30 calendar days of

receipt of such documentation, unless an extension of time is mutually

agreed upon by the recipient organization and the AA/SBDCs.

(6) The AA/SBDCs shall consider written documentation of the issues

to be resolved, including all relevant correspondence between the

Project Officer, District Director and any other SBA personnel and the

affected recipient organization. At a minimum, such documentation shall

commence with the first written notice of issues invoking the non-

renewal procedure. In addition, the AA/SBDCs also may communicate with

the recipient organization and appropriate SBA personnel.

(7) If the AA/SBDCs determines that the evidence submitted

establishes nonperformance, ineffective performance or an unwillingness

to implement suggested changes to improve performance, the AA/SBDCs

shall have full discretion to order non-renewal of the SBDC. The SBA

District Office shall then pursue proposals from other organizations

interested in applying for SBDC designation. The incumbent SBDC shall

have until the end of the budget period or 120 days, whichever is

longer, to conclude operations and to submit close-out documents to the

SBA District Office. Close-out procedures shall conform with applicable

OMB Circulars.

(d) Effect of action on subcenter. If competing applications are

being accepted, a subcenter of the previously funded recipient

organization may apply for designation as the recipient organization,

so long as the subcenter was not involved in the conduct leading to

non-renewal or termination of the former recipient organization.

Sec. 130.800 Oversight of the SBDC program.

SBA shall monitor and oversee the Cooperative Agreement and ongoing

operations of the SBDC network to ensure the effective and efficient

use of Federal funds for the benefit of the small business community.

Sec. 130.810 SBA review authority.

(a) Site visits. The AA/SBDCs, or a representative, on notice to

the SBDC Director, is authorized to make programmatic and financial

review visits to SBDC service providers to inspect records and client

files, and to analyze and assess SBDC activities.

(b) SBA examinations. SBA examiners shall perform a biannual

programmatic and financial examination of each SBDC.

(c) Certification program. SBA may provide financial support to the

Recognized Organization to develop and implement an SBDC certification

program.

(d) Audits. The examinations by SBA examiners shall not substitute

for audits required of Federal grantees under the Single Audit Act of

1984 or applicable OMB guidelines (see Circulars A-110, A-128 and A-

133), nor shall such internal review substitute for audits to be

conducted by the SBA Office of Inspector General under authority of the

Inspector General Act of 1978, as amended (see Sec. 130.830(b)).

Sec. 130.820 Reports and recordkeeping.

(a) Records. The recipient organization shall maintain the records

required for a Lead Center audit and SBA reports. Lead Centers and

other SBDC service providers shall maintain detailed, complete and

accurate client activity files, specifying counseling, training and

other assistance provided.

(b) Reports. The recipient organization shall submit client service

evaluations and performance and financial reports for SBA review to

determine the quality of services provided by the SBDC, the

completeness and accuracy of SBDC records, and actual SBDC network

accomplishments compared to performance objectives.

(1) Performance reports. For recipient organizations in the Program

for more than three years, interim reports shall be due 30 days after

completion of six months of operation each year; for those recipient

organizations in the Program three years or less, reports shall be due

30 days after completion of each of the first three quarters. The

annual report shall include the second semiannual or the fourth quarter

report and shall be due December 30 for fiscal year and March 30 for

calendar year SBDCs. These reports shall reflect accurately the

activities, accomplishments and deficiencies of the SBDC

network. [[Page 31063]]

(d) Financial reports. The recipient organization shall provide

three quarterly and one annual financial report to the SBA Project

Officer as set forth in the Program Announcement and the Cooperative

Agreement, in compliance with OMB Circulars.

(e) Availability of records. As required by OMB (see Circular A-

133), all SBDC service provider records shall be made available to SBA

for review upon request.

Sec. 130.830 Audits and investigations.

(a) Access to records. Applicable OMB Circulars set forth the

requirements concerning record access and retention.

(b) Audits. (1) Pre-award audit. Applicant organizations that

propose to enter the Program for the first time may be subject to a

pre-award audit conducted by or coordinated with the SBA Office of

Inspector General. The purpose of a pre-award audit is to verify the

adequacy of the accounting system, the suitability of posed costs and

the nature and source of proposed Matching Funds.

(2) Interim or final audits. The recipient organization or SBA may

conduct SBDC network audits. All audits will be conducted according to

Government Auditing Standards, promulgated by the Comptroller General

of the United States.

(i) The recipient organization will conduct its audits as a single

audit of a recipient organization pursuant to OMB Circulars A-102, A-

110, A-128, and A-133, as applicable.

(ii) The SBA Office of Inspector General or its agents will

conduct, supervise, or coordinate SBA's audits, which may, at SBA's

discretion, be audits of the SBDC network, even though single audits

may have been performed. In such instances, SBA will conduct such

audits in compliance with Government Auditing Standards and all

applicable OMB Circulars.

(c) Investigations. SBA may conduct investigations as it deems

necessary to determine whether any person or entity has engaged in acts

or practices constituting a violation of the Act, any rule, regulation

or order issued under that Act, or any other applicable Federal law.

Dated: May 9, 1995.

Philip Lader,

Administrator.

[FR Doc. 95-14371 Filed 6-12-95; 8:45 am]

BILLING CODE 8025-01-M