Code of Federal Regulations Title 13 - Business Credit and Assistance
Title 13 of the Code of Federal Regulations (CFR) is titled "Business Credit and Assistance". It contains the codified general and permanent rules and regulations related to programs that provide financial and other forms of assistance to businesses in the United States.
Primary Agencies and Their Roles within Title 13:
The bulk of Title 13 is dominated by regulations from two key federal entities, with some smaller entities contributing specific programs:
Chapter I - Small Business Administration (SBA): This is by far the largest and most significant chapter within Title 13. The SBA is a U.S. government agency that provides support to entrepreneurs and small businesses. Its regulations cover a vast array of programs designed to help small businesses start, grow, and recover. Key areas include:
Business Loan Programs (Part 120): This is central to the SBA's mission, detailing rules for various loan programs like the 7(a) Loan Program (SBA's primary program for providing financial assistance to small businesses), the 504 Certified Development Company (CDC) Loan Program (for real estate and equipment), and Microloan Programs. It covers eligibility, application processes, loan terms, and lender responsibilities.
Small Business Size Regulations (Part 121): Crucially, this part defines what constitutes a "small business" for the purpose of various federal programs and preferences. It sets forth size standards based on factors like annual receipts or number of employees, often tied to North American Industry Classification System (NAICS) codes. It also includes detailed rules on "affiliation," which determines if different businesses are considered one entity for size determination.
Disaster Loan Program (Part 123): Regulations for direct federal loans to businesses, homeowners, renters, and non-profit organizations to help them recover from declared disasters.
Government Contracting Programs:
8(a) Business Development Program (Part 124): Rules for the 8(a) program, which helps small businesses owned and controlled by socially and economically disadvantaged individuals compete in the federal marketplace.
HUBZone Program (Part 126): Regulations for the Historically Underutilized Business Zones program, which provides federal contracting preferences to small businesses located in economically distressed communities.
Women-Owned Small Business (WOSB) Federal Contracting Program (Part 127): Rules for this program, which sets aside certain federal contracts for eligible women-owned small businesses.
Service-Disabled Veteran-Owned Small Business (SDVOSB) Program (Part 125): Regulations governing federal contracting preferences for businesses owned by service-disabled veterans.
Small Business Investment Companies (SBICs) (Part 107): Regulations for privately owned and managed investment funds licensed and regulated by the SBA to provide venture capital to small businesses.
Surety Bond Guarantee (Part 115): Rules for SBA's program that helps small businesses obtain bid, performance, and payment bonds.
Small Business Development Centers (SBDCs) (Part 130) and Women's Business Centers (WBCs) (Part 131): Regulations governing these programs that provide counseling, training, and technical assistance to small businesses and entrepreneurs.
Administrative and Procedural Rules: Chapters covering general administration (Part 101), record disclosure and privacy (Part 102), standards of conduct (Part 105), debt collection (Part 140), and nondiscrimination in federally assisted programs (Parts 112, 113, 117, 136).
Chapter III - Economic Development Administration (EDA), Department of Commerce: The EDA's regulations focus on economic development assistance for economically distressed communities. This includes:
Investment Assistance (Parts 301-307): Rules for various grant programs supporting public works, economic adjustment, planning, research, and technical assistance aimed at creating and retaining jobs, fostering private investment, and strengthening local economies.
Economic Development Districts (Part 304): Regulations concerning the designation and operation of economic development districts.
Trade Adjustment Assistance for Firms (Part 315): Regulations for programs that help U.S. firms that have been adversely affected by foreign trade.
Chapter IV - Emergency Steel Guarantee Loan Board: Contains regulations for the Emergency Steel Guarantee Loan Program (Part 400), which was established to guarantee loans to qualified steel companies.
Chapter V - Emergency Oil and Gas Guaranteed Loan Board: Contains regulations for the Emergency Oil and Gas Guaranteed Loan Program (Part 500), designed to provide financial assistance to qualified oil and gas companies.
How Title 13 CFR Affects Small Businesses:
Title 13 CFR profoundly affects small businesses by:
Defining "Small Business": Part 121 is critical as it determines eligibility for a vast array of federal small business programs, set-asides, and preferences. Businesses must understand and comply with these size standards and affiliation rules to qualify.
Providing Access to Capital: The loan programs outlined in Part 120 and others are vital sources of financing for small businesses that may not qualify for conventional bank loans.
Opening Federal Contracting Opportunities: The various contracting programs (8(a), HUBZone, WOSB, SDVOSB) provide significant avenues for small businesses to secure federal government contracts, which can be a major source of revenue and growth.
Offering Support and Guidance: Regulations related to SBDCs and WBCs outline programs that provide crucial business counseling, training, and technical assistance, helping entrepreneurs develop business plans, manage finances, and navigate regulations.
Assisting in Disaster Recovery: The disaster loan program (Part 123) offers critical financial relief to small businesses impacted by natural disasters, helping them rebuild and reopen.
Promoting Economic Development: For businesses operating in or seeking to expand into economically distressed areas, the EDA regulations in Chapter III outline programs that can provide infrastructure improvements, technical assistance, and other investments that foster a more favorable business environment.
Ensuring Fair Practices: The non-discrimination rules (e.g., Parts 112, 113) aim to ensure that federal assistance programs are administered fairly and equitably.
In essence, Title 13 CFR is the regulatory playbook for much of the federal government's engagement with the U.S. business community, particularly small businesses, detailing the rules for various support, credit, and development programs.
Where to Find Title 13 CFR:
You can access the most current version of Title 13 of the Code of Federal Regulations through:
eCFR (Electronic Code of Federal Regulations): This is the most up-to-date and easily searchable online version, maintained by the Office of the Federal Register and the Government Publishing Office. It's continuously updated.
GovInfo.gov: Provides access to published annual editions of the CFR, as well as the Federal Register (where new and amended rules are first published).
Legal Research Platforms: Services like Cornell Law School's Legal Information Institute (LII) or Justia also provide access to the CFR.
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