-CITE-
    15 USC CHAPTER 14A - AID TO SMALL BUSINESS                  01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
                    CHAPTER 14A - AID TO SMALL BUSINESS                

-MISC1-
    Sec.                                                     
    631.        Declaration of policy.                                
    631a.       Congressional declaration of small business economic
                 policy.                                              
    631b.       Reports to Congress; state of small business.         
    631c.       Small Business Manufacturing Task Force.              
    632.        Small-business concern.                               
    633.        Small Business Administration.                        
    634.        General powers.                                       
    634a.       Office of Advocacy within Small Business
                 Administration; Chief Counsel for Advocacy.          
    634b.       Primary functions of Office of Advocacy.              
    634c.       Additional duties of Office of Advocacy.              
    634d.       Staff and powers of Office of Advocacy.               
    634e.       Assistance of Government agencies.                    
    634f.       Reports.                                              
    634g.       Authorization of appropriations.                      
    635.        Deposit of moneys; depositaries, custodians, and
                 fiscal agents; contributions to employees'
                 compensation funds.                                  
    636.        Additional powers.                                    
    636a.       Repealed.                                             
    636b.       Disaster loan interest rates.                         
    636c.       Age of applicant for disaster loans.                  
    636d.       Disaster aid to major sources of employment.          
    637.        Additional powers.                                    
    637a.       Repealed.                                             
    637b.       Availability of information.                          
    637c.       Definitions.                                          
    638.        Research and development.                             
    639.        Reporting requirements and agency cooperation.        
    639a.       Review of loan program; submission of estimated needs
                 for additional authorization.                        
    640.        Voluntary agreements among small-business concerns.   
    641.        Transfer to Administration of other functions, powers,
                 and duties.                                          
    642.        Requirements for loans.                               
    643.        Fair charge for use of Government-owned property.     
    644.        Awards or contracts.                                  
    645.        Offenses and penalties.                               
    646.        Liens.                                                
    647.        Duplication of activities of other Federal departments
                 or agencies.                                         
    648.        Small business development center program
                 authorization.                                       
    648a.       Repealed.                                             
    649.        Office of International Trade.                        
    649a.       Omitted.                                              
    649b.       Grants, contracts and cooperative agreements for
                 international marketing programs.                    
    649c.       Authorization of appropriations.                      
    649d.       Central information clearinghouse.                    
    650.        Supervisory and enforcement authority for small
                 business lending companies.                          
    651.        National small business tree planting program.        
    652.        Central European Enterprise Development Commission.   
    653.        Office of Rural Affairs.                              
    654.        Paul D. Coverdell drug-free workplace program.        
    655.        Pilot Technology Access Program.                      
    656.        Women's business center program.                      
    657.        Oversight of regulatory enforcement.                  
    657a.       HUBZone program.                                      
    657b.       Veterans programs.                                    
    657c.       National Veterans Business Development Corporation.   
    657d.       Federal and State Technology Partnership Program.     
    657e.       Mentoring Networks.                                   
    657f.       Procurement program for small business concerns owned
                 and controlled by service-disabled veterans.         
    657g.       Participation in federally funded projects.           

-End-



-CITE-
    15 USC Sec. 631                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 631. Declaration of policy

-STATUTE-
    (a) Aid, counsel, assistance, etc., to small business concerns
      The essence of the American economic system of private enterprise
    is free competition. Only through full and free competition can
    free markets, free entry into business, and opportunities for the
    expression and growth of personal initiative and individual
    judgment be assured. The preservation and expansion of such
    competition is basic not only to the economic well-being but to the
    security of this Nation. Such security and well-being cannot be
    realized unless the actual and potential capacity of small business
    is encouraged and developed. It is the declared policy of the
    Congress that the Government should aid, counsel, assist, and
    protect, insofar as is possible, the interests of small-business
    concerns in order to preserve free competitive enterprise, to
    insure that a fair proportion of the total purchases and contracts
    or subcontracts for property and services for the Government
    (including but not limited to contracts or subcontracts for
    maintenance, repair, and construction) be placed with small-
    business enterprises, to insure that a fair proportion of the
    total sales of Government property be made to such enterprises, and
    to maintain and strengthen the overall economy of the Nation.
    (b) Assistance to compete in international markets
      (1) It is the declared policy of the Congress that the Federal
    Government, through the Small Business Administration, acting in
    cooperation with the Department of Commerce and other relevant
    State and Federal agencies, should aid and assist small businesses,
    as defined under this chapter, to increase their ability to compete
    in international markets by - 
        (A) enhancing their ability to export;
        (B) facilitating technology transfers;
        (C) enhancing their ability to compete effectively and
      efficiently against imports;
        (D) increasing the access of small businesses to long-term
      capital for the purchase of new plant and equipment used in the
      production of goods and services involved in international trade;
        (E) disseminating information concerning State, Federal, and
      private programs and initiatives to enhance the ability of small
      businesses to compete in international markets; and
        (F) ensuring that the interests of small businesses are
      adequately represented in bilateral and multilateral trade
      negotiations.

      (2) The Congress recognizes that the Department of Commerce is
    the principal Federal agency for trade development and export
    promotion and that the Department of Commerce and the Small
    Business Administration work together to advance joint interests.
    It is the purpose of this chapter to enhance, not alter, their
    respective roles.
    (c) Aid for agriculturally related industries; financial assistance
      It is the declared policy of the Congress that the Government,
    through the Small Business Administration, should aid and assist
    small business concerns which are engaged in the production of food
    and fiber, ranching, and raising of livestock, aquaculture, and all
    other farming and agricultural related industries; and the
    financial assistance programs authorized by this chapter are also
    to be used to assist such concerns.
    (d) Use of assistance programs to establish, preserve, and
      strengthen small business concerns
      (1) The assistance programs authorized by sections 636(i) and
    636(j) of this title are to be utilized to assist in the
    establishment, preservation, and strengthening of small business
    concerns and improve the managerial skills employed in such
    enterprises, with special attention to small business concerns (1)
    located in urban or rural areas with high proportions of unemployed
    or low-income individuals; or (2) owned by low-income individuals;
    and to mobilize for these objectives private as well as public
    managerial skills and resources.
      (2)(A) With respect to the programs authorized by section 636(j)
    of this title, the Congress finds - 
        (i) that ownership and control of productive capital is
      concentrated in the economy of the United States and certain
      groups, therefore, own and control little productive capital;
        (ii) that certain groups in the United States own and control
      little productive capital because they have limited opportunities
      for small business ownership;
        (iii) that the broadening of small business ownership among
      groups that presently own and control little productive capital
      is essential to provide for the well-being of this Nation by
      promoting their increased participation in the free enterprise
      system of the United States;
        (iv) that such development of business ownership among groups
      that presently own and control little productive capital will be
      greatly facilitated through the creation of a small business
      ownership development program, which shall provide services,
      including, but not limited to, financial, management, and
      technical assistance.(!1)

        (v) that the power to let Federal contracts pursuant to section
      637(a) of this title can be an effective procurement assistance
      tool for development of business ownership among groups that own
      and control little productive capital; and
        (vi) that the procurement authority under section 637(a) of
      this title shall be used only as a tool for developing business
      ownership among groups that own and control little productive
      capital.

      (B) It is therefore the purpose of the programs authorized by
    section 636(j) of this title to - 
        (i) foster business ownership and development by individuals in
      groups that own and control little productive capital; and
        (ii) promote the competitive viability of such firms in the
      marketplace by creating a small business and capital ownership
      development program to provide such available financial,
      technical, and management assistance as may be necessary.
    (e) Assistance to victims of floods, etc., and those displaced as
      result of federally aided construction programs
      Further, it is the declared policy of the Congress that the
    Government should aid and assist victims of floods and other
    catastrophes, and small-business concerns which are displaced as a
    result of federally aided construction programs.
    (f) Findings; purpose
      (1) with (!2) respect to the Administration's business
    development programs the Congress finds - 

        (A) that the opportunity for full participation in our free
      enterprise system by socially and economically disadvantaged
      persons is essential if we are to obtain social and economic
      equality for such persons and improve the functioning of our
      national economy;
        (B) that many such persons are socially disadvantaged because
      of their identification as members of certain groups that have
      suffered the effects of discriminatory practices or similar
      invidious circumstances over which they have no control;
        (C) that such groups include, but are not limited to, Black
      Americans, Hispanic Americans, Native Americans, Indian tribes,
      Asian Pacific Americans, Native Hawaiian Organizations, and other
      minorities;
        (D) that it is in the national interest to expeditiously
      ameliorate the conditions of socially and economically
      disadvantaged groups;
        (E) that such conditions can be improved by providing the
      maximum practicable opportunity for the development of small
      business concerns owned by members of socially and economically
      disadvantaged groups;
        (F) that such development can be materially advanced through
      the procurement by the United States of articles, equipment,
      supplies, services, materials, and construction work from such
      concerns; and
        (G) that such procurements also benefit the United States by
      encouraging the expansion of suppliers for such procurements,
      thereby encouraging competition among such suppliers and
      promoting economy in such procurements.

      (2) It is therefore the purpose of section 637(a) of this title
    to - 
        (A) promote the business development of small business concerns
      owned and controlled by socially and economically disadvantaged
      individuals so that such concerns can compete on an equal basis
      in the American economy;
        (B) promote the competitive viability of such concerns in the
      marketplace by providing such available contract, financial,
      technical, and mangement (!3) assistance as may be necessary; and

        (C) clarify and expand the program for the procurement by the
      United States of articles, supplies, services, materials, and
      construction work from small business concerns owned by socially
      and economically disadvantaged individuals.
    (g) Assistance to disaster victims under disaster loan program
      In administering the disaster loan program authorized by section
    636 of this title, to the maximum extent possible, the
    Administration shall provide assistance and counseling to disaster
    victims in filing applications, providing information relevant to
    loan processing, and in loan closing and prompt disbursement of
    loan proceeds and shall give the disaster program a high priority
    in allocating funds for administrative expenses.
    (h) Assistance to women owned business
      (1) With respect to the programs and activities authorized by
    this chapter, the Congress finds that - 
        (A) women owned business has become a major contributor to the
      American economy by providing goods and services, revenues, and
      jobs;
        (B) over the past two decades there have been substantial gains
      in the social and economic status of women as they have sought
      economic equality and independence;
        (C) despite such progress, women, as a group, are subjected to
      discrimination in entrepreneurial endeavors due to their gender;
        (D) such discrimination takes many overt and subtle forms
      adversely impacting the ability to raise or secure capital, to
      acquire managerial talents, and to capture market opportunities;
        (E) it is in the national interest to expeditiously remove
      discriminatory barriers to the creation and development of small
      business concerns owned and controlled by women;
        (F) the removal of such barriers is essential to provide a fair
      opportunity for full participation in the free enterprise system
      by women and to further increase the economic vitality of the
      Nation;
        (G) increased numbers of small business concerns owned and
      controlled by women will directly benefit the United States
      Government by expanding the potential number of suppliers of
      goods and services to the Government; and
        (H) programs and activities designed to assist small business
      concerns owned and controlled by women must be implemented in
      such a way as to remove such discriminatory barriers while not
      adversely affecting the rights of socially and economically
      disadvantaged individuals.

      (2) It is, therefore, the purpose of those programs and
    activities conducted under the authority of this chapter that
    assist women entrepreneurs to - 
        (A) vigorously promote the legitimate interests of small
      business concerns owned and controlled by women;
        (B) remove, insofar as possible, the discriminatory barriers
      that are encountered by women in accessing capital and other
      factors of production; and
        (C) require that the Government engage in a systematic and
      sustained effort to identify, define and analyze those
      discriminatory barriers facing women and that such effort
      directly involve the participation of women business owners in
      the public/private sector partnership.
    (i) Prohibition on use of funds for individuals not lawfully within
      United States
      None of the funds made available pursuant to this chapter may be
    used to provide any direct benefit or assistance to any individual
    in the United States if the Administrator or the official to which
    the funds are made available receives notification that the
    individual is not lawfully within the United States.
    (j) Contract bundling
      In complying with the statement of congressional policy expressed
    in subsection (a) of this section, relating to fostering the
    participation of small business concerns in the contracting
    opportunities of the Government, each Federal agency, to the
    maximum extent practicable, shall - 
        (1) comply with congressional intent to foster the
      participation of small business concerns as prime contractors,
      subcontractors, and suppliers;
        (2) structure its contracting requirements to facilitate
      competition by and among small business concerns, taking all
      reasonable steps to eliminate obstacles to their participation;
      and
        (3) avoid unnecessary and unjustified bundling of contract
      requirements that precludes small business participation in
      procurements as prime contractors.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[2], July 18, 1958, 72 Stat. 384; Pub. L. 87-
    70, title III, Sec. 305(b), June 30, 1961, 75 Stat. 167; Pub. L.
    87-305, Sec. 6, Sept. 26, 1961, 75 Stat. 667; Pub. L. 93-386, Sec.
    2(a)(1), Aug. 23, 1974, 88 Stat. 742; Pub. L. 94-305, title I, Sec.
    112(a), June 4, 1976, 90 Stat. 667; Pub. L. 95-507, title II, Secs.
    201, 203, Oct. 24, 1978, 92 Stat. 1760, 1763; Pub. L. 96-302, title
    I, Sec. 118(a), July 2, 1980, 94 Stat. 840; Pub. L. 99-272, title
    XVIII, Sec. 18015(a), Apr. 7, 1986, 100 Stat. 370; Pub. L. 100-418,
    title VIII, Sec. 8002, Aug. 23, 1988, 102 Stat. 1553; Pub. L. 100-
    533, title I, Sec. 101, Oct. 25, 1988, 102 Stat. 2689; Pub. L. 100-
    590, title I, Sec. 118, Nov. 3, 1988, 102 Stat. 2999; Pub. L. 100-
    656, title II, Secs. 204, 207(b), Nov. 15, 1988, 102 Stat. 3859,
    3861; Pub. L. 101-37, Sec. 6(c), June 15, 1989, 103 Stat. 72; Pub.
    L. 103-403, title VI, Sec. 609, Oct. 22, 1994, 108 Stat. 4204; Pub.
    L. 105-135, title IV, Sec. 411, Dec. 2, 1997, 111 Stat. 2617.)

-COD-
                               CODIFICATION                           
      This chapter was originally enacted as title II of act July 30,
    1953, ch. 282, 67 Stat. 232, and designated as the "Small Business
    Act of 1953". Title II of act July 30, 1953, was amended by acts
    June 30, 1955, ch. 251, Sec. 4, 69 Stat. 225; Aug. 9, 1955, ch.
    628, 69 Stat. 547; Feb. 2, 1956, ch. 29, Secs. 1, 2, 70 Stat. 10;
    Pub. L. 85-4, Secs. 1, 2, Feb. 11, 1957, 71 Stat. 1; Pub. L. 85-
    120, Secs. 1, 2, Aug. 3, 1957, 71 Stat. 341; Pub. L. 85-335, Feb.
    22, 1958, 72 Stat. 27. Section 1 of Pub. L. 85-536 withdrew title
    II of act July 30, 1953, as part of that act, and made title II a
    separate act to be known as the "Small Business Act". The Small
    Business Act, as amended by Pub. L. 85-536, is classified to this
    chapter.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (j). Pub. L. 105-135 added subsec. (j).
      1994 - Subsec. (i). Pub. L. 103-403 added subsec. (i).
      1989 - Subsec. (f). Pub. L. 101-37 made technical correction to
    directory language of Pub. L. 100-656, Sec. 207(b), which did not
    result in any change in text, see 1988 Amendment note below.
      1988 - Subsecs. (b), (c). Pub. L. 100-418 added subsec. (b) and
    redesignated former subsec. (b) as (c). Former subsec. (c)
    redesignated (d).
      Subsec. (d). Pub. L. 100-418 redesignated subsec. (c) as (d).
    Former subsec. (d) redesignated (e).
      Subsec. (d)(2)(A)(v). Pub. L. 100-656, Sec. 204(b), which
    directed amendment of subsec. (c)(2)(A)(v) by striking out "sole
    source" after "power to let" was executed to subsec. (d)(2)(A)(v)
    to reflect the probable intent of Congress and the intervening
    redesignation of subsec. (c) as (d) by Pub. L. 100-418.
      Subsec. (d)(2)(B). Pub. L. 100-656, Sec. 204(a)(1), which
    directed general amendment of subsec. (c)(2)(B), was executed to
    subsec. (d)(2)(B) to reflect the probable intent of Congress and
    the intervening redesignation of subsec. (c) as (d) by Pub. L. 100-
    418. Prior to amendment, subpar. (B) read as follows: "It is,
    therefore, the purpose of the programs authorized by section 636(j)
    of this title to - 
        "(i) foster business ownership by individuals in groups that
      own and control little productive capital; and
        "(ii) promote the competitive viability of such firms by
      creating a small business and capital ownership development
      program to provide such available financial, technical, and
      management assistance as may be necessary."
      Subsecs. (e), (f). Pub. L. 100-418 redesignated subsecs. (d) and
    (e) as (e) and (f), respectively.
      Subsec. (f)(1)(C). Pub. L. 100-656, Sec. 207(b), as amended by
    Pub. L. 101-37, which directed amendment of subsec. (e)(1)(C) by
    inserting "Native Hawaiian Organizations," was executed to subsec.
    (f)(1)(C) to reflect the probable intent of Congress and the
    intervening redesignation of subsec. (e) as (f) by Pub. L. 100-418.
      Subsec. (f)(2). Pub. L. 100-656, Sec. 204(a)(2), which directed
    general amendment of subsec. (e)(2), was executed to subsec. (f)(2)
    to reflect the probable intent of Congress and the intervening
    redesignation of subsec. (e) as (f) by Pub. L. 100-418. Prior to
    amendment, par. (2) read as follows: "It is, therefore, the purpose
    of section 637(a) of this title to - 
        "(A) foster business ownership by individuals who are both
      socially and economically disadvantaged;
        "(B) promote the competitive viability of such firms by
      providing such available contract, financial, technical, and
      management assistance as may be necessary; and
        "(C) clarify and expand the program for the procurement by the
      United States of articles, equipment, supplies, services,
      materials, and construction work from small business concerns
      owned by socially and economically disadvantaged individuals."
      Subsec. (g). Pub. L. 100-590, Sec. 118, added subsec. (g).
      Subsec. (h). Pub. L. 100-533 added subsec. (h).
      1986 - Subsec. (e)(1)(C). Pub. L. 99-272 inserted "Indian
    tribes,".
      1980 - Subsec. (e)(1)(C). Pub. L. 96-302 included among the
    disadvantaged minorities Asian Pacific Americans.
      1978 - Subsec. (c). Pub. L. 95-507, Sec. 203, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (e). Pub. L. 95-507, Sec. 201, added subsec. (e).
      1976 - Subsecs. (b) to (d). Pub. L. 94-305 added subsec. (b) and
    redesignated former subsecs. (b) and (c) as (c) and (d),
    respectively.
      1974 - Subsecs. (b), (c). Pub. L. 93-386 added subsec. (b) and
    redesignated former subsec. (b) as (c).
      1961 - Subsec. (a). Pub. L. 87-305 inserted "or subcontracts"
    after "contracts" in two places.
      Subsec. (b). Pub. L. 87-70 included small-business concerns which
    are displaced as a result of federally aided construction programs.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Section 3 of Pub. L. 105-135 provided that: "This Act [see Short
    Title of 1997 Amendment note below] and the amendments made by this
    Act shall take effect on October 1, 1997."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 32 of Pub. L. 101-37 provided that: "The amendments made
    by this Act [see Short Title of 1989 Amendment note below] shall
    apply as if included in the Business Opportunity Development Reform
    Act of 1988 [Pub. L. 100-656]."

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Section 803 of Pub. L. 100-656, as amended by Pub. L. 101-37,
    Sec. 31, June 15, 1989, 103 Stat. 76, provided that:
      "(a) In General. - Except as otherwise provided, the following
    provisions (and the amendments made by such provisions) shall take
    effect on the date of the enactment of this Act [Nov. 15, 1988]:
        "(1) Sections 1 and 2 [enacting provisions set out as notes
      under this section and section 636 of this title].
        "(2) Section 101 [enacting provisions set out as a note under
      section 636 of this title].
        "(3) Sections 202, 203, 204, 206, and 207 [amending this
      section and sections 636 and 637 of this title].
        "(4) Sections 301(a) and 303(d), (e), and (f) [amending
      sections 636 and 637 of this title and enacting provisions set
      out as a note under section 637 of this title].
        "(5) Sections 405, 406, 408, and 410 [amending sections 636,
      639, and 645 of this title and enacting provisions set out as a
      note under section 636 of this title].
        "(6) Sections 504 and 505 [amending section 636 of this title
      and enacting provisions set out as notes under section 636 of
      this title].
        "(7) Sections 601 and 603 [amending section 644 of this title].
        "(8) Titles VII and VIII [amending section 632 of this title
      and section 541 of former Title 40, Public Buildings, Property,
      and Works, enacting provisions set out as notes under sections
      632, 636, and 644 of this title, and amending provisions set out
      as a note under section 644 of this title].
        "(9) Sections 7(j)(13)(G) and 7(j)(13)(I) of the Small Business
      Act [section 636(j)(13)(G), (I) of this title] (as added by
      section 301(b)).
      "(b) Special Rules. - (1) Except as otherwise provided, the
    following sections (and the amendments made by such sections) shall
    take effect on August 15, 1989:
        "(A) Sections 201, 205, and 208 [amending sections 636 and 637
      of this title].
        "(B) Sections 301(b), 301(c), 303(a), 303(c), 303(g), 303(h),
      and 304 [amending sections 636 and 637 of this title and enacting
      provisions set out as a note under section 637 of this title].
        "(C) Sections 401, 402, 403, 404, and 409 [amending sections
      633 and 637 of this title and enacting provisions set out as a
      note under section 633 of this title].
        "(D) Section 602 [enacting provisions set out as a note under
      section 637 of this title].
      "(2) Section 302 [amending section 636 of this title] shall take
    effect on June 1, 1989.
      "(3) Section 407 [amending section 637 of this title] shall take
    effect with respect to contracts entered into on or after June 1,
    1989.
      "(4) The following sections (and the amendments made by such
    sections) shall take effect on October 1, 1989:
        "(A) Section 209 [amending section 637 of this title].
        "(B) Section 303(b) [amending section 637 of this title].
        "(C) Sections 501, 502, and 503 [amending sections 637 and 644
      of this title].
        "(D) Section 7(j)(13)(E) of the Small Business Act [section
      636(j)(13)(E) of this title] (as added by section 301(b) of this
      Act)."
      Section 137 of title I of Pub. L. 100-590 provided that: "This
    title [enacting sections 687m and 697c of this title, amending this
    section and sections 631b, 632, 633, 634, 636, 637, 638, 644, 648,
    681, 687, and 695 to 697b of this title, repealing section 694 of
    this title, enacting provisions set out as notes under this section
    and sections 636, 637, 639, 644, 694, and 697 of this title, and
    amending provisions set out as notes under this section and section
    637 of this title] shall be effective on the date of enactment
    [Nov. 3, 1988], except that sections 118 through 122 [amending this
    section and sections 632 and 636 of this title] shall be effective
    for all loan applications resulting from disaster declarations made
    on or after August 1, 1988, or from disaster declarations whose
    filing periods were open on October 1, 1988. Any new credit
    authority provided for in this Act [see Short Title of 1988
    Amendment note below] is to be effective for any fiscal year only
    to such extent or in such amounts as are provided in appropriation
    Acts."
      Section 8014 of title VIII of Pub. L. 100-418 provided that:
    "This title [amending this section and sections 636, 648, 649, and
    696 of this title, enacting provisions set out as notes under this
    section, and amending provisions set out as notes under this
    section and section 638 of this title] shall become effective on
    the date of its enactment [Aug. 23, 1988]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1918 of Pub. L. 97-35 provided that: "Sections 1908,
    1909, and 1913 of this title [amending sections 633, 636, and 696
    of this title] shall be effective October 1, 1981, and section 1910
    of this title [amending section 636 of this title] shall be
    effective as provided therein [Oct. 1, 1985]. All other provisions
    of this title [amending sections 632, 633, 636, and 639 of this
    title, repealing section 636a of this title, enacting provisions
    set out as notes under this section and section 636 of this title,
    and amending provisions set out as notes under this section] shall
    be effective immediately [Aug. 13, 1981] but shall not affect any
    financing made, obligated, or committed under the Small Business
    Act [this chapter] or the Small Business Investment Act of 1958
    [chapter 14B of this title] prior to the effective date hereof."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 507 of Pub. L. 96-302 provided that: "This Act [enacting
    sections 631a, 631b, 648, and 697 of this title, amending this
    section, sections 632, 633, 634, 634d, 636, 637, 644, 647, 694-2,
    694b, and 694c of this title, section 5315 of Title 5, Government
    Organization and Employees, and sections 1961 and 1964 of Title 7,
    Agriculture, enacting provisions set out as notes under this
    section and sections 636, 637, and 648 of this title, and amending
    provisions set out as a note under this section] shall take effect
    October 1, 1980."

                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-447, div. K, Sec. 1(a), Dec. 8, 2004, 118 Stat. 3441,
    provided that: "This division [enacting sections 631c and 657g of
    this title, amending sections 632 to 634, 636, 637, 648, 650, 654,
    657a to 657c, 683, 687, 694b, and 695 to 697 of this title,
    enacting provisions set out as notes under sections 632, 633, 636,
    and 637 of this title, amending provisions set out as notes under
    this section and section 657b of this title, and repealing
    provisions set out as a note under section 694b of this title] may
    be cited as the 'Small Business Reauthorization and Manufacturing
    Assistance Act of 2004'."

                       SHORT TITLE OF 2001 AMENDMENT                   
      Pub. L. 107-50, Sec. 1, Oct. 15, 2001, 115 Stat. 263, provided
    that: "This Act [amending sections 638 and 657d of this title and
    enacting provisions set out as a note under section 638 of this
    title] may be cited as the 'Small Business Technology Transfer
    Program Reauthorization Act of 2001'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-554, Sec. 1(a)(9) [Sec. 1(a)], Dec. 21, 2000, 114
    Stat. 2763, 2763A-667, provided that: "This Act [H.R. 5667, as
    enacted by section 1(a)(9) of Pub. L. 106-554, see Tables for
    classification] may be cited as the 'Small Business Reauthorization
    Act of 2000'."
      Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 101], Dec. 21, 2000,
    114 Stat. 2763, 2763A-668, provided that: "This title [enacting
    sections 657d and 657e of this title, amending section 638 of this
    title, enacting provisions set out as notes under sections 638 and
    657d of this title, and amending provisions set out as notes under
    this section and section 638 of this title] may be cited as the
    'Small Business Innovation Research Program Reauthorization Act of
    2000'."
      Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec. 201], Dec. 21,
    2000, 114 Stat. 2763, 2763A-681, provided that: "This title
    [amending sections 634, 636, and 696 of this title] may be cited as
    the 'Small Business Loan Improvement Act of 2000'."
      Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec. 501], Dec. 21, 2000,
    114 Stat. 2763, 2763A-691, provided that: "This title [amending
    sections 637, 648, 654, and 657a of this title and amending
    provisions set out as notes under this section and sections 637 and
    644 of this title] may be cited as the 'Small Business Programs
    Reauthorization Act of 2000'."
      Pub. L. 106-554, Sec. 1(a)(9) [title VI, subtitle A, Sec. 601],
    Dec. 21, 2000, 114 Stat. 2763, 2763A-697, provided that: "This
    subtitle [amending section 632 of this title] may be cited as the
    'HUBZones in Native America Act of 2000'."

                      SHORT TITLE OF 1999 AMENDMENTS                  
      Pub. L. 106-165, Sec. 1, Dec. 9, 1999, 113 Stat. 1795, provided
    that: "This Act [amending section 656 of this title and enacting
    provisions set out as notes under section 656 of this title] may be
    cited as the 'Women's Business Centers Sustainability Act of
    1999'."
      Pub. L. 106-50, Sec. 1, Aug. 17, 1999, 113 Stat. 233, provided
    that: "This Act [enacting sections 657b and 657c of this title,
    amending sections 631b, 632, 633, 634b, 636, 637, 644, and 695 of
    this title, enacting provisions set out as notes under sections
    633, 636, 637, 657b, and 657c of this title, and amending
    provisions set out as a note under this section] may be cited as
    the 'Veterans Entrepreneurship and Small Business Development Act
    of 1999'."
      Pub. L. 106-22, Sec. 1, Apr. 27, 1999, 113 Stat. 36, provided
    that: "This Act [amending section 636 of this title] may be cited
    as the 'Microloan Program Technical Corrections Act of 1999'."
      Pub. L. 106-17, Sec. 1, Apr. 6, 1999, 113 Stat. 27, provided
    that: "This Act [amending section 656 of this title and enacting
    provisions set out as a note under section 656 of this title] may
    be cited as the 'Women's Business Center Amendments Act of 1999'."
      Pub. L. 106-8, Sec. 1, Apr. 2, 1999, 113 Stat. 13, provided that:
    "This Act [amending section 636 of this title, enacting provisions
    set out as notes under section 636 of this title, and repealing
    provisions set out as a note under section 636 of this title] may
    be cited as the 'Small Business Year 2000 Readiness Act'."

                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-277, div. C, title IX, Sec. 901, Oct. 21, 1998, 112
    Stat. 2681-707, provided that: "This title [enacting section 654 of
    this title, amending section 648 of this title, and enacting
    provisions set out as notes under section 654 of this title] may be
    cited as the 'Drug-Free Workplace Act of 1998'."

                       SHORT TITLE OF 1997 AMENDMENT                   
      Pub. L. 105-135, Sec. 1(a), Dec. 2, 1997, 111 Stat. 2592,
    provided that: "This Act [enacting sections 657a and 7109 of this
    title and former section 7109 of this title, amending this section,
    sections 631b, 632, 636, 637, 638, 644, 645, 648, 656, 662, 681 to
    683, 687b, 687m, 694b, 696, 697, 697e, 7103, 7104, 7106, 7107, and
    7110 of this title, section 2323 of Title 10, Armed Forces, section
    1441a of Title 12, Banks and Banking, sections 3718, 6701, and 7505
    of Title 31, Money and Finance, sections 405 and 417a of Title 41,
    Public Contracts, section 13556 of Title 42, The Public Health and
    Welfare, and sections 47107 and 47113 of Title 49, Transportation,
    enacting provisions set out as notes under this section, sections
    632 to 634, 636, 637, 638, 656, 657a, and 697e of this title, and
    section 405 of Title 41, and amending provisions set out as notes
    under this section and sections 637, 644, 694b, and 697e of this
    title] may be cited as the 'Small Business Reauthorization Act of
    1997'."
      Section 601 of title VI of Pub. L. 105-135 provided that: "This
    title [enacting section 657a of this title, amending sections 631b,
    632, 637, 644, 645, and 694b of this title, section 2323 of Title
    10, Armed Forces, section 1441a of Title 12, Banks and Banking,
    sections 3718, 6701, and 7505 of Title 31, Money and Finance,
    sections 405 and 417a of Title 41, Public Contracts, section 13556
    of Title 42, The Public Health and Welfare, and sections 47107 and
    47113 of Title 49, Transportation, enacting provisions set out as
    notes under this section and sections 632 and 657a of this title,
    and amending provisions set out as notes under this section] may be
    cited as the 'HUBZone Act of 1997'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-208, div. D, Sec. 1(a), Sept. 30, 1996, 110 Stat.
    3009-724, provided that: "This division [amending sections 80a-18,
    632 to 634, 636, 638, 648, 662, 681 to 683, 687, 687b, 687d, 687k
    to 687m, 694b, 696, 697, 697b, and 697f of this title and section
    1431 of Title 12, Banks and Banking, repealing sections 687i and
    687j of this title, enacting provisions set out as notes under this
    section and sections 632 to 634, 636, 681, 683, 694b, and 695 of
    this title, amending provisions set out as notes under this section
    and section 644 of this title, and repealing provisions set out as
    a note under section 634 of this title] may be cited as the 'Small
    Business Programs Improvement Act of 1996'."

                       SHORT TITLE OF 1995 AMENDMENT                   
      Pub. L. 104-36, Sec. 1, Oct. 12, 1995, 109 Stat. 295, provided
    that: "This Act [amending sections 634, 636, and 697 of this title,
    enacting provisions set out as a note under section 634 of this
    title, and amending provisions set out as a note under section 694b
    of this title] may be cited as the 'Small Business Lending
    Enhancement Act of 1995'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-403, Sec. 1(a), Oct. 22, 1994, 108 Stat. 4175,
    provided that: "This Act [enacting chapter 97 of this title and
    sections 697d to 697f of this title, amending this section and
    sections 632 to 634, 634d, 636 to 638, 644, 648, 652, 656, 683,
    687, and 697 of this title, repealing section 697e of this title,
    enacting provisions set out as notes under this section and
    sections 634b, 636, 637, 644, 661, and 697d to 697f of this title,
    amending provisions set out as notes under this section and
    sections 633, 636, 637, and 694b of this title, and repealing
    provisions set out as a note under section 697 of this title] may
    be cited as the 'Small Business Administration Reauthorization and
    Amendments Act of 1994'."

                       SHORT TITLE OF 1993 AMENDMENT                   
      Pub. L. 103-81, Sec. 1(a), Aug. 13, 1993, 107 Stat. 780, provided
    that: "This Act [amending sections 634, 636, 648, 652, and 7107 of
    this title, enacting provisions set out as notes under sections 634
    and 636 of this title, amending provisions set out as notes under
    this section and section 648 of this title, and repealing
    provisions set out as notes under sections 634 and 636 of this
    title] may be cited as the 'Small Business Guaranteed Credit
    Enhancement Act of 1993'."

                      SHORT TITLE OF 1992 AMENDMENTS                  
      Pub. L. 102-564, Sec. 1(a), Oct. 28, 1992, 106 Stat. 4249,
    provided that: "This Act [amending sections 634, 636, 637, and 638
    of this title and section 4124 of Title 18, Crimes and Criminal
    Procedure, enacting provisions set out as notes under this section
    and section 638 of this title, amending provisions set out as notes
    under sections 644 and 648 of this title, and repealing provisions
    set out as a note under section 638 of this title] may be cited as
    the 'Small Business Research and Development Enhancement Act of
    1992'."
      Pub. L. 102-564, title I, Sec. 101, Oct. 28, 1992, 106 Stat.
    4249, provided that: "This title [amending section 638 of this
    title and enacting provisions set out as notes under section 638 of
    this title] may be cited as the 'Small Business Innovation Research
    Program Reauthorization Act of 1992'."
      Pub. L. 102-564, title II, Sec. 201, Oct. 28, 1992, 106 Stat.
    4256, provided that: "This title [amending section 638 of this
    title and enacting provisions set out as notes under section 638 of
    this title] may be cited as the 'Small Business Technology Transfer
    Act of 1992'."
      Pub. L. 102-366, Sec. 1(a), Sept. 4, 1992, 106 Stat. 986,
    provided that: "This Act [amending sections 632, 636, 637, 644,
    648, 661, 662, 682, 683, 685, 686, 687, 687b, and 687l of this
    title, enacting provisions set out as notes under this section and
    sections 632, 634, 636, 644, 648, 661, 681, 687b, and 694b of this
    title, and amending provisions set out as notes under this section
    and sections 633, 636, and 644 of this title] may be cited as the
    'Small Business Credit and Business Opportunity Enhancement Act of
    1992'."
      Pub. L. 102-366, title I, Sec. 101, Sept. 4, 1992, 106 Stat. 987,
    provided that: "This subtitle [subtitle A (Secs. 101-104) of title
    I of Pub. L. 102-366, amending section 636 of this title and
    enacting and amending provisions set out as notes under this
    section] may be cited as the 'Small Business Credit Crunch Relief
    Act of 1992'."
      Pub. L. 102-366, title I, Sec. 111, Sept. 4, 1992, 106 Stat. 989,
    provided that: "This subtitle [subtitle B (Secs. 111-115) of title
    I of Pub. L. 102-366, amending section 636 of this title, enacting
    provisions set out as notes under section 636 of this title, and
    amending provisions set out as a note under this section] may be
    cited as the 'Microlending Expansion Act of 1992'."

                       SHORT TITLE OF 1991 AMENDMENT                   
      Pub. L. 102-191, Sec. 1, Dec. 5, 1991, 105 Stat. 1589, provided
    that: "This Act [enacting section 656 of this title, amending
    sections 636, 637, and 7103 of this title, enacting provisions set
    out as a note under section 637 of this title] may be cited as the
    'Women's Business Development Act of 1991'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-574, Sec. 1, Nov. 15, 1990, 104 Stat. 2814, provided
    that: "This Act [enacting sections 653 and 654 of this title,
    amending sections 633, 636, 637, 639, 644, 648, 683, 695, and 696
    of this title, enacting provisions set out as notes under this
    section and sections 633, 637, 648, 648a, 653, and 683 of this
    title and section 601 of Title 5, Government Organization and
    Employees, amending provisions set out as notes under this section
    and sections 633, 636, 637, 644, and 694b of this title and section
    502 of Title 44, Public Printing and Documents, and repealing
    provisions set out as a note under section 648 of this title] may
    be cited as the 'Small Business Administration Reauthorization and
    Amendments Act of 1990'."
      Pub. L. 101-574, title III, Sec. 301, Nov. 15, 1990, 104 Stat.
    2827, provided that: "This title [enacting sections 653 and 654 of
    this title, amending sections 631b, 636, and 648 of this title, and
    enacting provisions set out as notes under section 653 of this
    title and section 601 of Title 5, Government Organization and
    Employees] may be cited as the 'Rural Small Business Enhancement
    Act of 1990'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Section 1 of Pub. L. 101-37 provided that: "This Act [amending
    this section and sections 633, 636, 637, 639, and 644 of this
    title, enacting provisions set out as a note under this section,
    and amending provisions set out as notes under this section and
    sections 633, 636, 637, and 644 of this title] may be cited as the
    'Business Opportunity Development Reform Act Technical Corrections
    Act'."

                      SHORT TITLE OF 1988 AMENDMENTS                  
      Section 1(a) of Pub. L. 100-656 provided that: "This Act
    [amending this section, sections 632, 633, 636, 637, 639, 644, and
    645 of this title, and section 541 of former Title 40, Public
    Buildings, Property, and Works, enacting provisions set out as
    notes under this section and sections 632, 633, 636, and 637 of
    this title, and amending provisions set out as a note under section
    644 of this title] may be cited as the 'Business Opportunity
    Development Reform Act of 1988'."
      Section 1(a) of Pub. L. 100-590 provided that: "This Act
    [enacting sections 687m and 697c of this title, amending this
    section and sections 631b, 632, 633, 634, 636, 637, 638, 644, 648,
    681, 687b, and 694b to 697b of this title, repealing section 694 of
    this title, enacting provisions set out as notes under this section
    and sections 636, 637, 639, 644, 661, 694, 694b, and 697 of this
    title, and amending provisions set out as notes under this section
    and sections 633 and 637 of this title] may be cited as the 'Small
    Business Administration Reauthorization and Amendment Act of
    1988'."
      Pub. L. 100-533, Sec. 1, Oct. 25, 1988, 102 Stat. 2689, provided
    in part that Pub. L. 100-533 "[enacting chapter 97 of this title
    and section 417a of Title 41, Public Contracts, amending this
    section and sections 631b, 636, 637, and 1691b of this title, and
    enacting provisions set out as notes under this section, sections
    636 and 637 of this title, and section 131 of Title 13, Census] may
    be cited as the 'Women's Business Ownership Act of 1988'."
      Section 8001 of title VIII of Pub. L. 100-418 provided that:
    "This title [amending this section and sections 636, 648, 649, and
    696 of this title, enacting provisions set out as notes under this
    section, and amending provisions set out as notes under this
    section and section 638 of this title] may be cited as the 'Small
    Business International Trade and Competitiveness Act'."

                      SHORT TITLE OF 1984 AMENDMENTS                  
      Pub. L. 98-395, Sec. 1, Aug. 21, 1984, 98 Stat. 1366, provided
    that: "This Act [amending sections 636 and 648 of this title and
    provisions set out as notes under this section and section 648 of
    this title] may be cited as the 'Small Business Development Center
    Improvement Act of 1984'."
      Pub. L. 98-362, Sec. 1, July 16, 1984, 98 Stat. 431, provided
    that: "This Act [amending sections 632, 633, and 637 of this title
    and enacting provisions set out as notes under sections 633 and 637
    of this title] may be cited as the 'Small Business Computer
    Security and Education Act of 1984'."
      Pub. L. 98-352, Sec. 1, July 10, 1984, 98 Stat. 329, provided
    that: "This Act [amending sections 633, 634, and 639 of this title
    and enacting provisions set out as notes under section 634 of this
    title] may be cited as the 'Small Business Secondary Market
    Improvements Act of 1984'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Section 1 of Pub. L. 97-219 provided that: "This Act [amending
    section 638 of this title and enacting provisions set out as notes
    under section 638 of this title] may be cited as the 'Small
    Business Innovation Development Act of 1982'."

                       SHORT TITLE OF 1981 AMENDMENT                   
      Pub. L. 97-35, title XIX, Sec. 1901, Aug. 13, 1981, 95 Stat. 767,
    provided that: "This title [amending sections 632, 633, 636, 639,
    and 696 of this title, repealing section 636a of this title,
    enacting provisions set out as notes under sections 632 and 636 of
    this title, and amending provisions set out as notes under this
    section] may be cited as the 'Small Business Budget Reconciliation
    and Loan Consolidation/Improvement Act of 1981'."

                      SHORT TITLE OF 1980 AMENDMENTS                  
      Pub. L. 96-481, title I, Sec. 110, Oct. 21, 1980, 94 Stat. 2323,
    provided that: "This part [part B (Secs. 110-113) of title I of
    Pub. L. 96-481 enacting section 649 of this title, amending section
    636 of this title and enacting provisions set out as notes under
    section 649 of this title] may be cited as the 'Small Business
    Export Expansion Act of 1980'."
      Section 201 of title II of Pub. L. 96-302 provided that: "This
    title [enacting section 648, amending section 636, and enacting
    provisions set out as a note under section 648 of this title] may
    be cited as the 'Small Business Development Center Act of 1980'."
      Section 301 of title III of Pub. L. 96-302 provided that: "This
    title [enacting sections 631a and 631b of this title] may be cited
    as the 'Small Business Economic Policy Act of 1980'."
      Section 501 of title V of Pub. L. 96-302 provided that: "This
    title [amending sections 632 and 636 of this title and enacting
    provisions set out as notes under sections 631 and 636 of this
    title] may be cited as the 'Small Business Employee Ownership Act
    of 1980'."

                       SHORT TITLE OF 1978 AMENDMENT                   
      Pub. L. 95-315, Sec. 1, July 4, 1978, 92 Stat. 377, provided:
    "That this Act [amending sections 633, 636, and 639 of this title
    and provisions set out as notes under this section] may be cited as
    the 'Small Business Energy Loan Act'."

                       SHORT TITLE OF 1974 AMENDMENT                   
      Section 1 of Pub. L. 93-386 provided: "That this Act [enacting
    section 694c of this title, amending this section, sections 633,
    634, 636, 639, 647, 694, and 694b of this title, and sections 2855,
    2942, 2949, and 2982 of Title 42, The Public Health and Welfare,
    repealing sections 2901, 2902, 2905, 2906, 2906a, 2906b, 2906c, and
    2907 of Title 42, and enacting provisions set out as notes under
    sections 633 and 694 of this title] may be cited as the 'Small
    Business Amendments of 1974'."

                       SHORT TITLE OF 1967 AMENDMENT                   
      Section 101 of Pub. L. 90-104, title I, Oct. 11, 1967, 81 Stat.
    268, provided that: "This title [amending sections 633, 636, and
    637 of this title and section 2902 of Title 42, The Public Health
    and Welfare] may be cited as the 'Small Business Act Amendments of
    1967'."

                       SHORT TITLE OF 1961 AMENDMENT                   
      Section 1 of Pub. L. 87-305 provided: "That this Act [amending
    this section, sections 633, 634, 636, 637, and 639 of this title,
    and section 2158 of Appendix to Title 50, War and National Defense]
    may be cited as the 'Small Business Act Amendments of 1961'."

                                SHORT TITLE                            
      Section 2[1] of Pub. L. 85-536 provided that this chapter should
    be known as the "Small Business Act".

                        REPEAL OF INCONSISTENT LAWS                    
      Section 2[37], formerly section 2[21], of Pub. L. 85-536,
    renumbered Sec. 2[30] by Pub. L. 96-302, title II, Sec. 202, July
    2, 1980, 94 Stat. 843; renumbered Sec. 2[31] by Pub. L. 104-121,
    title II, Sec. 222(1), Mar. 29, 1996, 110 Stat. 860; renumbered
    Sec. 2[32] by Pub. L. 105-135, title VI, Sec. 602(b)(1)(A), Dec. 2,
    1997, 111 Stat. 2629; renumbered Sec. 2[34] by Pub. L. 106-50,
    title II, Sec. 201(b)(1), Aug. 17, 1999, 113 Stat. 235; renumbered
    Sec. 2[36] by Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    111(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-674; renumbered
    Sec. 2[37] by Pub. L. 108-183, title III, Sec. 308, Dec. 16, 2003,
    117 Stat. 2662, provided that: "All laws and parts of laws
    inconsistent with this Act [this chapter] are hereby repealed to
    the extent of such inconsistency."

                                REGULATIONS                            
      Section 417 of title IV of Pub. L. 105-135 provided that:
      "(a) Proposed Regulations. - Proposed amendments to the Federal
    Acquisition Regulation or proposed Small Business Administration
    regulations under this subtitle [subtitle B (Secs. 411-417) of
    title IV of Pub. L. 105-135, amending this section and sections
    632, 637 and 644 of this title and enacting provisions set out as
    notes under section 637 of this title and section 405 of Title 41,
    Public Contracts] and the amendments made by this subtitle shall be
    published not later than 120 days after the date of enactment of
    this Act [Dec. 2, 1997] for the purpose of obtaining public comment
    pursuant to section 22 of the Office of Federal Procurement Policy
    Act (41 U.S.C. 418b), or chapter 5 of title 5, United States Code,
    as appropriate. The public shall be afforded not less than 60 days
    to submit comments.
      "(b) Final Regulations. - Final regulations shall be published
    not later than 270 days after the date of enactment of this Act.
    The effective date for such final regulations shall be not less
    than 30 days after the date of publication."
      Section 136 of title I of Pub. L. 100-590 provided that:
    "Notwithstanding any law, rule or regulation, the Small Business
    Administration shall promulgate final regulations to be effective
    on publication to carry out the provisions of this title [see
    Effective Date of 1988 Amendments note above] within six months
    after the date of enactment [Nov. 3, 1988]."
      Section 8013 of title VIII of Pub. L. 100-418 provided that:
    "Notwithstanding any law, rule, or regulation, the Small Business
    Administration shall promulgate final regulations to carry out the
    provisions of this title [see Short Title of 1988 Amendments note
    above] within six months after the date of enactment of this title
    [Aug. 23, 1988]."

                               SEPARABILITY                           
      Section 2[19] of Pub. L. 85-536 provided that: "If any provision
    of this Act [this chapter], or the application thereof to any
    person or circumstances, is held invalid, the remainder of this Act
    [this chapter], and the application of such provision to other
    persons or circumstances, shall not be affected thereby."

                      AUTHORIZATION OF APPROPRIATIONS                  
      Pub. L. 85-536, Sec. 2[20], July 18, 1958, 72 Stat. 396, as
    amended by Pub. L. 87-341, Sec. 11(h)(2), Oct. 3, 1961, 75 Stat.
    757; Pub. L. 95-89, title I, Sec. 102, Aug. 4, 1977, 91 Stat. 553;
    Pub. L. 95-315, Secs. 5, 7, July 4, 1978, 92 Stat. 379; Pub. L. 96-
    302, title I, Secs. 101, 110, July 2, 1980, 94 Stat. 833, 837;
    Pub. L. 97-35, title XIX, Secs. 1905, 1906, Aug. 13, 1981, 95 Stat.
    772-777; Pub. L. 98-270, title III, Secs. 302, 305, Apr. 18, 1984,
    98 Stat. 160, 161; Pub. L. 98-395, Sec. 3, Aug. 21, 1984, 98 Stat.
    1367; Pub. L. 99-272, title XVIII, Secs. 18001, 18002, 18012, Apr.
    7, 1986, 100 Stat. 361, 363, 369; Pub. L. 100-72, Sec. 1, July 11,
    1987, 101 Stat. 477; Pub. L. 100-418, title VIII, Secs. 8004,
    8006(a), Aug. 23, 1988, 102 Stat. 1556, 1557; Pub. L. 100-590,
    title I, Secs. 101, 135(1), (2), Nov. 3, 1988, 102 Stat. 2990,
    3007; Pub. L. 101-574, title I, Secs. 101, 102, Nov. 15, 1990, 104
    Stat. 2815, 2817; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105
    Stat. 406; Pub. L. 102-366, title I, Secs. 102, 115(a), title IV,
    Secs. 405, 414, Sept. 4, 1992, 106 Stat. 987, 993, 1014, 1018; Pub.
    L. 103-81, Sec. 2, Aug. 13, 1993, 107 Stat. 780; Pub. L. 103-282,
    Sec. 1, July 22, 1994, 108 Stat. 1422; Pub. L. 103-403, title I,
    Sec. 101, Oct. 22, 1994, 108 Stat. 4176; Pub. L. 104-208, div. D,
    title II, Sec. 208(i)(2), Sept. 30, 1996, 110 Stat. 3009-747; Pub.
    L. 105-135, title I, Sec. 101, title II, Sec. 211, title VI, Sec.
    607, Dec. 2, 1997, 111 Stat. 2594, 2600, 2635; Pub. L. 106-9, Sec.
    2(b), Apr. 5, 1999, 113 Stat. 17; Pub. L. 106-24, Sec. 1(b), Apr.
    27, 1999, 113 Stat. 39; Pub. L. 106-554, Sec. 1(a)(8) [Sec. 1(c)],
    Sec. 1(a)(9) [title V, Sec. 502, title VIII, Sec. 804(a)], Dec. 21,
    2000, 114 Stat. 2763, 2763A-664, 2763A-691, 2763A-703; Pub. L. 107-
    20, title II, Sec. 2203(a), July 24, 2001, 115 Stat. 170; Pub. L.
    108-217, Sec. 3, Apr. 5, 2004, 118 Stat. 591; Pub. L. 108-447, div.
    K, title I, Sec. 121, Dec. 8, 2004, 118 Stat. 3446, provided that:
      "(a)(1) For fiscal year 2000 and each fiscal year thereafter,
    there are authorized to be appropriated such sums as may be
    necessary and appropriate, to remain available until expended, and
    to be available solely - 
        "(A) to carry out the Small Business Development Center Program
      under section 21 [section 648 of this title], but not to exceed
      the annual funding level, as specified in section 21(a);
        "(B) to pay the expenses of the National Small Business
      Development Center Advisory Board, as provided in section 21(i);
        "(C) to pay the expenses of the information sharing system, as
      provided in section 21(c)(8);
        "(D) to pay the expenses of the association referred to in
      section 21(a)(3)(A) for conducting the accreditation program, as
      provided in section 21(k)(2);
        "(E) to pay the expenses of the Administration, including
      salaries of examiners, for conducting examinations as part of the
      accreditation program conducted by the association referred to in
      section 21(a)(3)(A); and
        "(F) to pay for small business development center grants as
      mandated or directed by Congress.
      "(2) Notwithstanding any other provision of law, the
    Administration shall enter into commitments for direct loans and to
    guarantee loans, debentures, payment of rentals, or other amounts
    due under qualified contracts and other types of financial
    assistance and enter into commitments to purchase debentures and
    preferred securities and to guarantee sureties against loss
    pursuant to programs under this Act [this chapter] and the Small
    Business Investment Act of 1958 [chapter 14B of this title], in the
    full amounts provided by law subject only to (A) the availability
    of qualified applications, and (B) limitations contained in
    appropriations Acts. Nothing in this paragraph authorizes the
    Administration to reduce or limit its authority to enter into such
    commitments. Subject to approval in appropriations Acts, amounts
    authorized for preferred securities, debentures or participating
    securities under title III of the Small Business Investment Act of
    1958 [subchapter III of chapter 14B of this title] may be obligated
    in one fiscal year and disbursed or guaranteed in any 1 or more of
    the 4 subsequent fiscal years.
      "(3) There are authorized to be transferred from the disaster
    loan revolving fund such sums as may be necessary and appropriate
    for administrative expenses of the Administration.
      "(4) Except as may be otherwise specifically provided by law, the
    amount of deferred participation loans authorized in this section -
    
        "(A) shall mean the net amount of the loan principal guaranteed
      by the Small Business Administration (and does not include any
      amount which is not guaranteed); and
        "(B) shall be available for a national program, except that the
      Administration may use not more than an amount equal to 10
      percent of the amount authorized each year for any special or
      pilot program directed to identified sectors of the small
      business community or to specific geographic regions of the
      United States.
      "(b) There are authorized to be appropriated to the
    Administration for fiscal year 1991 such sums as may be necessary
    to carry out the provisions of this Act [this chapter] and the
    Small Business Investment Act of 1958 [chapter 14B of this title].
    There also are hereby authorized to be appropriated such sums as
    may be necessary and appropriate for the carrying out of the
    provisions and purposes, including administrative expenses, of
    sections 7(b)(1) and 7(b)(2) of this Act [section 636(b)(1), (2) of
    this title]; and there are authorized to be transferred from the
    disaster loan revolving fund such sums as may be necessary and
    appropriate for such administrative expenses.
      "(c) Disaster Mitigation Pilot Program. - The following program
    levels are authorized for loans under section 7(b)(1)(C) [section
    636(b)(1)(C) of this title]:
        "(1) $15,000,000 for fiscal year 2005.
        "(2) $15,000,000 for fiscal year 2006.
      "(d) Fiscal Year 2005. - 
        "(1) Program levels. - The following program levels are
      authorized for fiscal year 2005:
          "(A) For the programs authorized by this Act [this chapter],
        the Administration is authorized to make - 
            "(i) $75,000,000 in technical assistance grants, as
          provided in section 7(m) [section 636(m) of this title]; and
            "(ii) $105,000,000 in direct loans, as provided in 7(m).
          "(B) For the programs authorized by this Act, the
        Administration is authorized to make $23,050,000,000 in
        deferred participation loans and other financings. Of such sum,
        the Administration is authorized to make - 
            "(i) $16,500,000,000 in general business loans, as provided
          in section 7(a) [section 636(a) of this title];
            "(ii) $6,000,000,000 in certified development company
          financings, as provided in section 7(a)(13) and as provided
          in section 504 of the Small Business Investment Act of 1958
          [section 697a of this title];
            "(iii) $500,000,000 in loans, as provided in section
          7(a)(21); and
            "(iv) $50,000,000 in loans, as provided in section 7(m).
          "(C) For the programs authorized by title III of the Small
        Business Investment Act of 1958 [subchapter III of chapter 14B
        of this title], the Administration is authorized to make - 
            "(i) $4,250,000,000 in purchases of participating
          securities; and
            "(ii) $3,250,000,000 in guarantees of debentures.
          "(D) For the programs authorized by part B of title IV of the
        Small Business Investment Act of 1958 [part B of subchapter IV-
        A of chapter 14B of this title], the Administration is
        authorized to enter into guarantees not to exceed
        $6,000,000,000, of which not more than 50 percent may be in
        bonds approved pursuant to section 411(a)(3) of that Act
        [section 694b(a)(3) of this title].
          "(E) The Administration is authorized to make grants or enter
        into cooperative agreements for a total amount of $7,000,000
        for the Service Corps of Retired Executives program authorized
        by section 8(b)(1) [section 637(b)(1) of this title].
        "(2) Additional authorizations. - 
          "(A) There are authorized to be appropriated to the
        Administration for fiscal year 2005 such sums as may be
        necessary to carry out the provisions of this Act not elsewhere
        provided for, including administrative expenses and necessary
        loan capital for disaster loans pursuant to section 7(b)
        [section 636(b) of this title], and to carry out the Small
        Business Investment Act of 1958 [chapter 14B of this title],
        including salaries and expenses of the Administration.
          "(B) Notwithstanding any other provision of this paragraph,
        for fiscal year 2005 - 
            "(i) no funds are authorized to be used as loan capital for
          the loan program authorized by section 7(a)(21) except by
          transfer from another Federal department or agency to the
          Administration, unless the program level authorized for
          general business loans under paragraph (1)(B)(i) is fully
          funded; and
            "(ii) the Administration may not approve loans on its own
          behalf or on behalf of any other Federal department or
          agency, by contract or otherwise, under terms and conditions
          other than those specifically authorized under this Act or
          the Small Business Investment Act of 1958, except that it may
          approve loans under section 7(a)(21) of this Act in gross
          amounts of not more than $2,000,000.
      "(e) Fiscal Year 2006. - 
        "(1) Program levels. - The following program levels are
      authorized for fiscal year 2006:
          "(A) For the programs authorized by this Act [this chapter],
        the Administration is authorized to make - 
            "(i) $80,000,000 in technical assistance grants, as
          provided in section 7(m) [section 636(m) of this title]; and
            "(ii) $110,000,000 in direct loans, as provided in 7(m).
          "(B) For the programs authorized by this Act, the
        Administration is authorized to make $25,050,000,000 in
        deferred participation loans and other financings. Of such sum,
        the Administration is authorized to make - 
            "(i) $17,000,000,000 in general business loans, as provided
          in section 7(a) [section 636(a) of this title];
            "(ii) $7,500,000,000 in certified development company
          financings, as provided in section 7(a)(13) and as provided
          in section 504 of the Small Business Investment Act of 1958
          [section 697a of this title];
            "(iii) $500,000,000 in loans, as provided in section
          7(a)(21); and
            "(iv) $50,000,000 in loans, as provided in section 7(m).
          "(C) For the programs authorized by title III of the Small
        Business Investment Act of 1958 [subchapter III of chapter 14B
        of this title], the Administration is authorized to make - 
            "(i) $4,500,000,000 in purchases of participating
          securities; and
            "(ii) $3,500,000,000 in guarantees of debentures.
          "(D) For the programs authorized by part B of title IV of the
        Small Business Investment Act of 1958 [part B of subchapter IV-
        A of chapter 14B of this title], the Administration is
        authorized to enter into guarantees not to exceed
        $6,000,000,000, of which not more than 50 percent may be in
        bonds approved pursuant to section 411(a)(3) of that Act
        [section 694b(a)(3) of this title].
          "(E) The Administration is authorized to make grants or enter
        into cooperative agreements for a total amount of $7,000,000
        for the Service Corps of Retired Executives program authorized
        by section 8(b)(1) [section 637(b)(1) of this title].
        "(2) Additional authorizations. - 
          "(A) There are authorized to be appropriated to the
        Administration for fiscal year 2006 such sums as may be
        necessary to carry out the provisions of this Act not elsewhere
        provided for, including administrative expenses and necessary
        loan capital for disaster loans pursuant to section 7(b)
        [section 636(b) of this title], and to carry out the Small
        Business Investment Act of 1958 [chapter 14B of this title],
        including salaries and expenses of the Administration.
          "(B) Notwithstanding any other provision of this paragraph,
        for fiscal year 2006 - 
            "(i) no funds are authorized to be used as loan capital for
          the loan program authorized by section 7(a)(21) except by
          transfer from another Federal department or agency to the
          Administration, unless the program level authorized for
          general business loans under paragraph (1)(B)(i) is fully
          funded; and
            "(ii) the Administration may not approve loans on its own
          behalf or on behalf of any other Federal department or
          agency, by contract or otherwise, under terms and conditions
          other than those specifically authorized under this Act or
          the Small Business Investment Act of 1958, except that it may
          approve loans under section 7(a)(21) of this Act in gross
          amounts of not more than $2,000,000.
      "[(f) to (i) Repealed. Pub. L. 108-447, div. K, title I, Sec.
    121(2), Dec. 8, 2004, 118 Stat. 3446.]
      "(j) Fiscal Year 2004 Purchase and Guarantee Authority Under
    Title III of Small Business Investment Act of 1958. - For fiscal
    year 2004, for the programs authorized by title III of the Small
    Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the
    Administration is authorized to make - 
        "(1) $4,000,000,000 in purchases of participating securities;
      and
        "(2) $3,000,000,000 in guarantees of debentures."

                        LOAN APPLICATION PROCESSING                    
      Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Sec. 801], Dec. 21,
    2000, 114 Stat. 2763, 2763A-702, provided that:
      "(a) Study. - The Administrator of the Small Business
    Administration shall conduct a study to determine the average time
    that the Administration requires to process an application for each
    type of loan or loan guarantee made under the Small Business Act
    (15 U.S.C. 631 et seq.).
      "(b) Transmittal. - Not later than 1 year after the date of the
    enactment of this Act [Dec. 21, 2000], the Administrator shall
    transmit to Congress the results of the study conducted under
    subsection (a)."

                         SERVICE DISABLED VETERANS                     
      Sections 701 to 704, 707, and 709 of title VII of Pub. L. 105-135
    provided that:

      "SEC. 701. PURPOSES.
      "The purposes of this title [amending sections 631b, 636, and 637
    of this title and enacting this note] are - 
        "(1) to foster enhanced entrepreneurship among eligible
      veterans by providing increased opportunities;
        "(2) to vigorously promote the legitimate interests of small
      business concerns owned and controlled by eligible veterans; and
        "(3) to ensure that those concerns receive fair consideration
      in purchases made by the Federal Government.

      "SEC. 702. DEFINITIONS.
      "In this title:
        "(1) Eligible veteran. - The term 'eligible veteran' means a
      disabled veteran (as defined in section 4211(3) of title 38,
      United States Code).
        "(2) Small business concern owned and controlled by eligible
      veterans. - The term 'small business concern owned and controlled
      by eligible veterans' means a small business concern (as defined
      in section 3 of the Small Business Act [15 U.S.C. 632]) - 
          "(A) that is at least 51 percent owned by 1 or more eligible
        veterans, or in the case of a publicly owned business, at least
        51 percent of the stock of which is owned by 1 or more eligible
        veterans; and
          "(B) whose management and daily business operations are
        controlled by eligible veterans.

      "SEC. 703. REPORT BY SMALL BUSINESS ADMINISTRATION.
      "(a) Study and Report. - 
        "(1) In general. - Not later than 9 months after the date of
      enactment of this Act [Dec. 2, 1997], the Administrator shall
      conduct a comprehensive study and submit to the Committees a
      final report containing findings and recommendations of the
      Administrator on - 
          "(A) the needs of small business concerns owned and
        controlled by eligible veterans;
          "(B) the availability and utilization of Administration
        programs by small business concerns owned and controlled by
        eligible veterans;
          "(C) the percentage, and dollar value, of Federal contracts
        awarded to small business concerns owned and controlled by
        eligible veterans in the preceding 5 fiscal years; and
          "(D) methods to improve Administration and other agency
        programs to serve the needs of small business concerns owned
        and controlled by eligible veterans.
        "(2) Contents. - The report under paragraph (1) shall include
      recommendations to Congress concerning the need for legislation
      and recommendations to the Office of Management and Budget,
      relevant offices within the Administration, and the Department of
      Veterans Affairs.
      "(b) Conduct of Study. - In carrying out subsection (a), the
    Administrator - 
        "(1) may conduct surveys of small business concerns owned and
      controlled by eligible veterans and service disabled veterans,
      including those who have sought financial assistance or other
      services from the Administration;
        "(2) shall consult with the appropriate committees of Congress,
      relevant groups and organizations in the nonprofit sector, and
      Federal or State government agencies; and
        "(3) shall have access to any information within other Federal
      agencies that pertains to such veterans and their small
      businesses, unless such access is specifically prohibited by law.

      "SEC. 704. INFORMATION COLLECTION.
      "After the date of issuance of the report required by section
    703(a), the Secretary of Veterans Affairs shall, in consultation
    with the Assistant Secretary for Veterans' Employment and Training
    and the Administrator, engage in efforts each fiscal year to
    identify small business concerns owned and controlled by eligible
    veterans in the United States. The Secretary shall inform each
    small business concern identified under this section that
    information on Federal procurement is available from the
    Administrator.

      "SEC. 707. ENTREPRENEURIAL TRAINING, COUNSELING, AND MANAGEMENT
        ASSISTANCE.
      "The Administrator shall take such actions as may be necessary to
    ensure that small business concerns owned and controlled by
    eligible veterans have access to programs established under the
    Small Business Act [15 U.S.C. 631 et seq.] that provide
    entrepreneurial training, business development assistance,
    counseling, and management assistance to small business concerns,
    including, among others, the Small Business Development Center
    program and the Service Corps of Retired Executives (SCORE)
    program.

      "SEC. 709. OUTREACH FOR ELIGIBLE VETERANS.
      "The Administrator, the Secretary of Veterans Affairs, and the
    Assistant Secretary of Labor for Veterans' Employment and Training,
    shall develop and implement a program of comprehensive outreach to
    assist eligible veterans, which program shall include business
    training and management assistance, employment and relocation
    counseling, and dissemination of information on veterans' benefits
    and veterans' entitlements."

                         TRANSITION REIMBURSEMENT                     
      Pub. L. 103-403, title IV, Sec. 414, Oct. 22, 1994, 108 Stat.
    4197, authorized payment, for a 90-day period of time, of
    reasonable amounts of funds to pay salaries and expenses of members
    and staff of the National Women's Business Council appointed on or
    before Oct. 22, 1994.

       BUY AMERICAN PREFERENCE IN PROVISION OF FINANCIAL ASSISTANCE   
      Pub. L. 102-366, title I, Sec. 103, Sept. 4, 1992, 106 Stat. 988,
    provided that: "In providing financial assistance with amounts
    appropriated pursuant to the amendments made by this Act [see Short
    Title of 1992 Amendment note above], the Administrator of the Small
    Business Administration shall, when practicable, accord preference
    to small business concerns which use or purchase equipment and
    supplies produced in the United States. The Administrator shall
    also encourage small business concerns receiving such assistance to
    purchase such equipment and supplies."

                NATIONAL SEMINAR ON SMALL BUSINESS EXPORTS            
      Pub. L. 102-366, title II, Sec. 224, Sept. 4, 1992, 106 Stat.
    1000, directed Small Business Administration to conduct a National
    Seminar on Small Business Exports in Buffalo, New York, in
    connection with the World University Games Buffalo '93 during July,
    1993, in order to develop recommendations designed to stimulate
    exports from small companies, with such Seminar to build upon the
    information collected by Administration through previously
    conducted regional small business trade conferences and prior
    conference in State of Washington and to specifically consider
    utility of, and make recommendations regarding, subsequent
    International Conference on Small Business and Trade.

             FEASIBILITY STUDY OF BUSINESS COOPERATION NETWORK         
      Pub. L. 101-574, title II, Sec. 233, Nov. 15, 1990, 104 Stat.
    2825, directed Administrator of the Small Business Administration
    to conduct a study of feasibility of establishing a business
    cooperation system similar to Business Cooperation Network
    developed by the European Economic Community, specified the purpose
    of the study, and directed Administrator, not later than one year
    after Nov. 15, 1990, to transmit to Congress a report containing
    the results of the study together with recommendations for such
    legislative and administrative actions as the Administrator
    considered appropriate.

                DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISE            
      Title IV of Pub. L. 100-533, Oct. 25, 1988, 102 Stat. 2694, as
    amended, formerly set out as a note under this section, was
    transferred to chapter 97 (Sec. 7101 et seq.) of this title.

                      DISADVANTAGED SMALL BUSINESSES                  
      Section 504 of Pub. L. 100-533 provided that: "Nothing contained
    in this Act [see Short Title of 1988 Amendment note above] is
    intended to reduce or limit any programs, benefit, or activity that
    is authorized by law to assist small business concerns owned and
    controlled by socially and economically disadvantaged individuals
    as defined pursuant to section 8(d)(3) of the Small Business Act
    (15 U.S.C. 637(d)(3))."

              GLOBALIZATION OF PRODUCTION; REPORT TO CONGRESS          
      Section 8009 of Pub. L. 100-418 directed Administrator of Small
    Business Administration, within one year after Aug. 23, 1988, to
    submit a written report to Committees on Small Business of House of
    Representatives and Senate, prepared by Administration in
    conjunction with Bureau of Census and in cooperation with other
    relevant agencies, that would analyze to extent possible the effect
    of increased outsourcing and other shifts in production
    arrangements on small firms, particularly manufacturing firms,
    within United States subcontractor tier and to extent that such
    data is not available determine methods by which such data might be
    collected; assess the impact of specific economic policies,
    including, but not limited to, procurement, tax and trade policies,
    in facilitating outsourcing and other international production
    arrangements; and make recommendations as to changes in Government
    policy that would improve competitive position of smaller United
    States subcontractors, including recommendations as to incentives
    which could be provided to larger corporations to maximize their
    use of United States subcontractors and assist these subcontractors
    in changing production and marketing strategies and in obtaining
    new business in domestic and foreign markets.

                NATIONAL SEMINAR ON SMALL BUSINESS EXPORTS            
      Section 8011 of Pub. L. 100-418 directed Small Business
    Administration to conduct a National Seminar on Small Business
    Exports within one year after Aug. 23, 1988, in order to develop
    recommendations designed to stimulate exports from small companies.

     APPOINTMENT OF ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION TO
    TRADE POLICY COMMITTEE; SPECIAL TRADE ASSISTANT FOR SMALL BUSINESS
              IN OFFICE OF UNITED STATES TRADE REPRESENTATIVE
      Section 8012 of Pub. L. 100-418 provided that:
      "It is the sense of the Congress that the interests of the small
    business community have not been adequately represented in trade
    policy formulation and in trade negotiations. Therefore, it is the
    sense of the Congress that the Administrator of the Small Business
    Administration should be appointed as a member of the Trade Policy
    Committee and that the United States Trade Representative should
    consult with the Small Business Administration and its Office of
    Advocacy in trade policy formulation and in trade negotiations.
      "Further, it is the sense of the Congress that the United States
    Trade Representative would better serve the needs of the small
    business community with full-time staff assistance with
    responsibilities for small business trade issues.
      "Further, it is the sense of the Congress that the United States
    Trade Representative should appoint a special trade assistant for
    small business."

                 WHITE HOUSE CONFERENCE ON SMALL BUSINESS             
      Pub. L. 101-409, Oct. 5, 1990, 104 Stat. 885, as amended by Pub.
    L. 103-81, Sec. 10, Aug. 13, 1993, 107 Stat. 783, directed
    President to conduct National White House Conference on Small
    Business not earlier than May 1, 1995, and not later than Sept. 30,
    1995, to increase public awareness of essential contribution of
    small business, to identify obstacles to small business, to examine
    status of women and minorities as small business owners, and to
    develop specific recommendations for action to maintain and
    encourage economic viability of small business, further provided
    for creation of White House Conference on Small Business Commission
    to oversee preparation for Conference, further provided for
    selection of Conference participants as well as planning and
    administration of Conference, further provided for final report to
    be submitted not later than four months after convening of
    Conference as well as annual follow-up reports by Small Business
    Administration for three years after submission of final report,
    and further provided for authorization of appropriations.
      Pub. L. 98-276, May 8, 1984, 98 Stat. 169, directed President to
    call and conduct a National White House Conference on Small
    Business not later than Sept. 1, 1986, with Conference to submit a
    final report to President and Congress not more than six months
    from date on which Conference convened, and with that final report
    to include finding and recommendations of Conference as well as
    proposals for any legislative action necessary to implement
    Conference's recommendations; and required Small Business
    Administration to report to Congress annually during the 3-year
    period following submission of final report on status and
    implementation of findings and recommendations of Conference.

         ASIAN PACIFIC AMERICANS AS DISADVANTAGED MINORITY IN 1978     
      Section 118(c)(1) of Pub. L. 96-302 provided that 1980 Amendment
    of subsec. (e)(1)(C) by Pub. L. 96-302, Sec. 118(a), which included
    Asian Pacific Americans among the disadvantaged minorities, shall
    apply as if included in the 1978 Amendment made by Pub. L. 95-507,
    Sec. 201, enacting subsec. (e) of this section.

         ASSISTANCE TO AUTOMOBILE DEALERS; CONGRESSIONAL FINDINGS;
            INVESTIGATION BY ADMINISTRATOR; REPORT TO CONGRESS
      Pub. L. 96-185, Sec. 17, Jan. 7, 1980, 93 Stat. 1335, directed
    Administrator of Small Business Administration to investigate
    financial problems faced by small automobile dealers and determine
    what assistance through loans and loan guarantees may be needed to
    alleviate such problems and to report results of such investigation
    to Senate and House of Representatives not later than sixty days
    after Jan. 7, 1980.


-EXEC-
                         EXECUTIVE ORDER NO. 11458                     
      Ex. Ord. No. 11458, Mar. 5, 1969, 34 F.R. 4937, which related to
    a national program for minority business enterprise, was superseded
    by Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, set out below.

        EX. ORD. NO. 11625. NATIONAL PROGRAM FOR MINORITY BUSINESS
                                ENTERPRISE
      Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, as amended by
    Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:
      The opportunity for full participation in our free enterprise
    system by socially and economically disadvantaged persons is
    essential if we are to obtain social and economic justice for such
    persons and improve the functioning of our national economy.
      The Office of Minority Business Enterprise, established in 1969,
    greatly facilitated the strengthening and expansion of our minority
    enterprise program. In order to take full advantage of resources
    and opportunities in the minority enterprise field, we now must
    build on this foundation. One important way of improving our
    efforts is by clarifying the authority of the Secretary of Commerce
    (a) to implement Federal policy in support of the minority business
    enterprise program; (b) provide additional technical and management
    assistance to disadvantaged business; (c) to assist in
    demonstration projects; and (d) to coordinate the participation of
    all Federal departments and agencies in an increased minority
    enterprise effort.
      NOW, THEREFORE, by virtue of the authority vested in me as
    President of the United States, it is ordered as follows:
      Section 1. Functions of the Secretary of Commerce. (a) The
    Secretary of Commerce (hereinafter referred to as "the Secretary")
    shall - 
      (1) Coordinate as consistent with law the plans, programs, and
    operations of the Federal Government which affect or may contribute
    to the establishment, preservation, and strengthening of minority
    business enterprise.
      (2) Promote the mobilization of activities and resources of State
    and local governments, businesses and trade associations,
    universities, foundations, professional organizations, and
    volunteer and other groups towards the growth of minority business
    enterprises, and facilitate the coordination of the efforts of
    these groups with those of Federal departments and agencies.
      (3) Establish a center for the development, collection,
    summarization, and dissemination of information that will be
    helpful to persons and organizations throughout the Nation in
    undertaking or promoting the establishment and successful operation
    of minority business enterprise.
      (4) Within constraints of law and appropriations therefor, and
    according to his discretion, provide financial assistance to public
    and private organizations so that they may render technical and
    management assistance to minority business enterprises, and defray
    all or part of the costs of pilot or demonstration projects
    conducted by public or private agencies or organizations which are
    designed to overcome the special problems of minority business
    enterprises or otherwise to further the purposes of this order.
      (b) The Secretary, as he deems necessary or appropriate to enable
    him to better fulfill the responsibilities vested in him by
    subsection (a), may - 
      (1) With the participation of other Federal departments and
    agencies as appropriate, develop comprehensive plans and specific
    program goals for the minority enterprise program; establish
    regular performance monitoring and reporting systems to assure that
    goals are being achieved; and evaluate the impact of Federal
    support in achieving the objectives established by this order.
      (2) Require a coordinated review of all proposed Federal training
    and technical assistance activities in direct support of the
    minority enterprise program to assure consistency with program
    goals and to avoid duplication.
      (3) Convene, for purposes of coordination, meetings of the heads
    of such departments and agencies, or their designees, whose
    programs and activities may affect or contribute to the purposes of
    this order.
      (4) Convene business leaders, educators, and other
    representatives of the private sector who are engaged in assisting
    the development of minority business enterprise or who could
    contribute to its development, for the purpose of proposing,
    evaluating and coordinating governmental and private activities in
    furtherance of the objectives of this order.
      (5) Confer with and advise officials of State and local
    governments.
      (6) Provide the managerial and organizational framework through
    which joint or collaborative undertakings with Federal departments
    or agencies or private organizations can be planned and
    implemented.
      (7) Recommend appropriate legislative or executive actions.
      Sec. 2. [Revoked by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R.
    42839.]
      Sec. 3. Responsibilities of Other Federal Departments and
    Agencies. (a) The head of each Federal department and agency, or a
    representative designated by him, when and in the manner so
    requested by the Secretary, shall furnish information, assistance,
    and reports to, and shall otherwise cooperate with, the Secretary
    in the performance of his functions hereunder.
      (b) The head of each Federal department or agency shall, when so
    requested by the Secretary, designate his Under Secretary or such
    other similar official to have primary and continuing
    responsibility for the participation and cooperation of that
    department or agency in matters concerning minority business
    enterprise.
      (c) The officials designated under the preceding paragraph, when
    so requested, shall review and report to the Secretary upon the
    policies and programs of the minority business enterprise program,
    and shall keep the Secretary informed of all proposed budgets,
    plans and programs of his department or agency affecting minority
    business enterprise.
      (d) The head of each Federal department or agency, or a
    representative designated by him, shall, to the extent provided
    under regulations issued by the Secretary after consultation with
    the official designated in paragraph (b) above, report to the
    Secretary on any activity that falls within the scope of the
    minority business enterprise program as defined herein and in those
    regulations.
      (e) Each Federal department or agency shall, within constraints
    of law and appropriations therefor, continue all current efforts to
    foster and promote minority business enterprises and to support the
    program herein set forth, and shall cooperate with the Secretary of
    Commerce in increasing the total Federal effort.
      Sec. 4. Reports. The Secretary shall, not later than 120 days
    after the close of each fiscal year, submit to the President a full
    report of his activities hereunder during the previous fiscal year.
    Further, the Secretary shall, from time to time, submit to the
    President his recommendations for legislation or other action as he
    deems desirable to promote the purposes of this order. Each Federal
    department or agency shall report to the Secretary as hereinabove
    provided on a timely basis so that the Secretary may consider such
    reports for his report and recommendations to the President. Each
    Federal department or agency shall develop and implement systematic
    data collection processes which will provide to the Office of
    Minority Business Enterprise Information Center current data
    helpful in evaluating and promoting the efforts herein described.
      Sec. 5. Policies and Standards. The Secretary may establish such
    policies, standards, definitions, criteria, and procedures to
    govern the implementation, interpretation, and application of this
    order, and generally perform such functions and take such steps as
    he may deem to be necessary or appropriate to achieve the purposes
    and carry out the provisions hereof.
      Sec. 6. Definitions. For purposes of this order, the following
    definitions shall apply:
      (a) "Minority business enterprise" means a business enterprise
    that is owned or controlled by one or more socially or economically
    disadvantaged persons. Such disadvantage may arise from cultural,
    racial, chronic economic circumstances or background or other
    similar cause. Such persons include, but are not limited to,
    Negroes, Puerto Ricans, Spanish-speaking Americans, American
    Indians, Eskimos, and Aleuts.
      (b) "State" means the States of the United States, the District
    of Columbia, the Commonwealth of Puerto Rico, the territories and
    possessions of the United States, and the Trust Territory of the
    Pacific Islands.
      Sec. 7. Construction. Nothing in this order shall be construed as
    subjecting any function vested in, or assigned pursuant to law to,
    any Federal department or agency or head thereof to the authority
    of any other agent or office exclusively, or as abrogating or
    restricting any such function in any manner.
      Sec. 8. Prior Executive Order. Executive Order No. 11458 of March
    5, 1969, is hereby superseded.

                 ADVISORY COUNCIL FOR MINORITY ENTERPRISE             
      For provisions relating to termination of, see Ex. Ord. No.
    12007, Aug. 22, 1977, 42 F.R. 42839, set out as a note under
    section 14 of the Federal Advisory Committee Act, set out in the
    Appendix to Title 5, Government Organization and Employees.
      Term of the Advisory Council for Minority Enterprise extended
    until Dec. 31, 1978, see Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R.
    55705, set out as a note under section 14 of Pub. L. 92-463, Oct.
    6, 1972, 86 Stat. 770, Title 5, Appendix, Government Organization
    and Employees.

                         EXECUTIVE ORDER NO. 12061                     
      Ex. Ord. No. 12061, May 18, 1978, 43 F.R. 21865, as amended by
    Ex. Ord. No. 12091, Nov. 1, 1978, 43 F.R. 51373, which related to
    the Small Business Conference Commission, was revoked by Ex. Ord.
    No. 12258, Dec. 31, 1980, 46 F.R. 1251, set out as a note under
    section 14 of the Appendix to Title 5, Government Organization and
    Employees.

                         EXECUTIVE ORDER NO. 12269                     
      Ex. Ord. No. 12269, Jan. 15, 1981, 46 F.R. 4673, which
    established a seven member President's Committee on Small Business
    Policy to advise the President on appropriate responses to the
    recommendations of the White House Conference on Small Business,
    designated the Administrator of the Small Business Administration
    to perform the functions of the President under Federal advisory
    committee provisions, and terminated the Committee on Dec. 31,
    1982, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.
    7237.

       EX. ORD. NO. 12432. MINORITY BUSINESS ENTERPRISE DEVELOPMENT   
      Ex. Ord. No. 12432, July 14, 1983, 48 F.R. 32551, provided:
      By virtue of the authority vested in me as President by the
    Constitution and laws of the United States of America, including
    Section 205(a) of the Federal Property and Administrative Services
    Act of 1949 (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], in order to
    provide guidance and oversight for programs for the development of
    minority business enterprise pursuant to my statement of December
    17, 1982 concerning Minority Business Development; and to implement
    the commitment of the Federal government to the goal of encouraging
    greater economic opportunity for minority entrepreneurs, it is
    hereby ordered as follows:
      Section 1. Minority Business Development Plans. (a) Minority
    business enterprise development plans shall be developed by each
    Federal agency having substantial procurement or grantmaking
    authority. Such agencies shall submit these plans to the Cabinet
    Council on Commerce and Trade on an annual basis.
      (b) These annual plans shall establish minority enterprise
    development objectives for the participating agencies and methods
    for encouraging both prime contractors and grantees to utilize
    minority business enterprises. The plans shall, to the extent
    possible, build upon the programs administered by the Minority
    Business Development Agency and the Small Business Administration,
    including the goals established pursuant to Public Law 95-507 [see
    Tables for classification].
      (c) The Secretary of Commerce and the Administrator of the Small
    Business Administration, in consultation with the Cabinet Council
    on Commerce and Trade, shall establish uniform guidelines for all
    Federal agencies to be utilized in establishing the minority
    business programs set forth in Section 2 of this Order.
      (d) The participating agencies shall furnish an annual report
    regarding the implementation of their programs in such form as the
    Cabinet Council on Commerce and Trade may request, and at such time
    as the Secretary of Commerce shall designate.
      (e) The Secretary of Commerce shall provide an annual report to
    the President, through the Cabinet Council on Commerce and Trade,
    on activities under this Order and agency implementation of
    minority business development programs.
      Sec. 2. Minority Business Development Responsibilities of Federal
    Agencies. (a) To the extent permitted by law and consistent with
    its primary mission, each Federal agency which is required to
    develop a minority business development plan under Section 1 of
    this Order shall, to accomplish the objectives set forth in its
    plan, establish programs concerning provision of direct assistance,
    procurement assistance, and management and technical assistance to
    minority business enterprises.
      (b) Each Federal agency shall, to the extent permitted by law and
    consistent with its primary mission, establish minority business
    development programs, consistent with Section 211 of Public Law 95-
    507 [amending 15 U.S.C. 637(d)] to develop and implement incentive
    techniques to encourage greater minority business subcontracting by
    Federal prime contractors.
      (c) Each Federal agency shall encourage recipients of Federal
    grants and cooperative agreements to achieve a reasonable minority
    business participation in contracts let as a result of its grants
    and agreements. In cases where State and local governments are the
    recipients, such encouragement shall be consistent with principles
    of federalism.
      (d) Each Federal agency shall provide the Cabinet Council on
    Commerce and Trade such information as it shall request from time
    to time concerning the agency's progress in implementing these
    programs.
                                                          Ronald Reagan.

       EX. ORD. NO. 12523. NATIONAL WHITE HOUSE CONFERENCE ON SMALL
                                 BUSINESS
      Ex. Ord. No. 12523, June 27, 1985, 50 F.R. 26963, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, and in order to implement
    the White House Conference on Small Business Authorization Act
    (Public Law 98-276) [set out above] it is hereby ordered as
    follows:
      Notwithstanding the provisions of any other Executive order, the
    functions of the President under the Federal Advisory Committee Act
    [5 U.S.C. App.] applicable to the White House Conference on Small
    Business Authorization Act, except that of reporting annually to
    the Congress, shall be performed by the Administrator of the Small
    Business Administration in accordance with the guidelines and
    procedures established by the Administrator of General Services.
                                                          Ronald Reagan.

      EX. ORD. NO. 12928. PROMOTING PROCUREMENT WITH SMALL BUSINESSES
      OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED
      INDIVIDUALS, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND
                           MINORITY INSTITUTIONS
      Ex. Ord. No. 12928, Sept. 16, 1994, 59 F.R. 48377, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, in order to enforce
    rigorously the letter and spirit of public laws that promote
    increased participation in Federal procurement by Small Businesses
    Owned and Controlled by Socially and Economically Disadvantaged
    Individuals (SDBs) as described in section 8 of the Small Business
    Act (15 U.S.C. 637), Historically Black Colleges and Universities
    (HBCUs) as described in 34 C.F.R. 608.2, and Minority Institutions
    (MIs) as referred to in sections 1046(3) and 316(b)(1) of the
    Higher Education Act of 1965, as amended (20 U.S.C. 1135d-5(3) and
    1059c(b)(1), respectively), it is hereby ordered as follows:
      Section 1. Policy Statement. It is the policy of the United
    States Government that all department and agency heads and all
    Federal employees involved in the procurement of any and all goods
    and services shall assist SDBs, HBCUs, and MIs, as applicable, to
    develop viable, self-sustaining businesses capable of competing on
    an equal basis in the mainstream of the American economy. To that
    end, all Federal personnel shall commit to the letter and spirit of
    all laws promoting the participation of SDBs, HBCUs, and MIs in
    Federal procurement. The laws promote:
      (a) the award of contracts to SDBs, HBCUs, and MIs through the
    Small Business Administration Section 8(a) [15 U.S.C. 637(a)]
    Program, the Department of Defense Small and Disadvantaged Business
    Program, other agency programs, and through other specific
    statutory authority or appropriate means;
      (b) the establishment of particular goals for SDBs, HBCUs, or MIs
    on an agency-by-agency basis and the requirement that prime
    contractors and other recipients of Federal funds attain similar
    goals in their procurement; and
      (c) the establishment of other mechanisms that ensure that SDBs,
    HBCUs, and MIs have a fair opportunity to participate in Federal
    procurement.
      Sec. 2. Attainment of Goals. All departments and agencies are
    required by law to establish participation goals of not less than 5
    percent (15 U.S.C. 644(g)) or a greater percentage where otherwise
    required by law, as further provided in the Office of Federal
    Procurement Policy Letter No. 91-1 of March 11, 1991. Although the
    Federal Government has made substantial strides toward meeting
    established SDB, HBCU, and MI participation goals, certain
    departments and agencies have from time to time failed to
    aggressively pursue such goals. Department and agency heads are
    henceforth directed to execute, implement, and otherwise
    aggressively strive to fulfill the statutorily-mandated procurement
    participation goals. In addition, all departments and agencies are
    encouraged to set reasonable participation goals that exceed
    statutory requirements, to the extent permitted by law.
      Sec. 3. Subcontracting Plans. The Small Business Act, (15 U.S.C.
    637(d)) and other related laws require certain prime contractors to
    maximize the use of SDBs in subcontracting plans and strive to
    achieve stated goals through prime contractors' subcontracting
    practices. Department and agency heads are directed to aggressively
    enforce these prime contractors' obligations to maximize awards of
    subcontracts to eligible SDBs.
      Sec. 4. Office of Small and Disadvantaged Business Utilization
    ("OSDBU").
      (a) Section 15(k) of the Small Business Act (15 U.S.C. 644(k))
    establishes in each Federal department and agency an OSDBU and
    requires that the Director of the OSDBU "be responsible only to,
    and report directly to, the head of such agency or to the deputy of
    such head" (15 U.S.C. 644(k)(3)). To the extent not prohibited by
    law, each department and agency shall ensure that the
    aforementioned direct reporting requirements are henceforth
    vigorously enforced.
      (b) Because of the importance of the OSDBU function, each
    department and agency shall also, to the extent not prohibited by
    law, comply with the Office of Federal Procurement Policy Letter
    No. 79-1 of March 7, 1979, which provides implementation guidance
    on section 15k [15(k)] and the organizational placement and
    functions of the OSDBU.
      Sec. 5. Anti-fraud Enforcement. All department and agency heads
    shall ensure that in enforcing the laws and requirements mentioned
    in this order, Federal benefits or contracts intended for SDBs,
    HBCUs, and MIs are not awarded to entities that are not legitimate
    SDBs, HBCUs, and MIs. Department and agency anti-fraud enforcement,
    however, shall not diminish agency vigor in achieving the
    aforementioned participation goals, which exist to promote the
    development of legitimate SDBs, HBCUs, and MIs. Nothing herein is
    intended to change self-certification requirements.
      Sec. 6. Periodic Reports to the President. The Administrator of
    the Small Business Administration and the Administrator of the
    Office of Federal Procurement Policy shall report to the President
    periodically on the progress of all departments and agencies in
    complying with the laws and requirements mentioned in this order.
      Sec. 7. Independent Agencies. Independent agencies are requested
    to comply with the provisions of this order.
      Sec. 8. This order shall be effective immediately.
                                                     William J. Clinton.

      EX. ORD. NO. 13169. ASSISTANCE TO SMALL BUSINESS EXPORTERS AND
                            DISLOCATED WORKERS
      Ex. Ord. No. 13169, Oct. 6, 2000, 65 F.R. 60581, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Small
    Business Act, 15 U.S.C. 631 et seq., the Workforce Investment Act,
    29 U.S.C. 2801 et seq., and the Trade Act of 1974, 19 U.S.C. 2271
    et seq. [19 U.S.C. 2101 et seq.], and in order to assist small
    businesses, including businesses headed by underserved populations,
    in participating in the export of products, and to expedite the
    delivery of adjustment assistance to dislocated workers, it is
    hereby ordered as follows:
      Section 1. Policy. By its accession to the World Trade
    Organization, the People's Republic of China will be required to
    open its markets to a wide range of products and services provided
    by Americans. In addition, the United States has recently enacted a
    new law to facilitate trade with the countries of Sub-Saharan
    Africa and the Caribbean Basin. Federal agencies should take steps
    to assist small businesses, including businesses headed by
    underserved populations, in capitalizing on these new
    opportunities. The agencies should also take steps to assist
    workers who lose their jobs as a result of competition from imports
    in their efforts to secure adjustment assistance benefits for which
    they are eligible.
      Sec. 2. Interagency Task Force on Small Business Exports. (a) The
    Secretaries of Commerce and Labor, the Administrator of the Small
    Business Administration, the United States Trade Representative,
    and the Chairman of the Export-Import Bank shall, within 60 days
    from the date of this order, establish an interagency task force
    through the Trade Promotion Coordinating Committee (TPCC). The task
    force shall facilitate exports by United States small businesses,
    including businesses headed by underserved populations,
    particularly with respect to the People's Republic of China and the
    countries of Sub-Saharan Africa and the Caribbean Basin. The TPCC
    shall submit an annual report to the President on the functions
    carried out by this task force during the preceding year. As part
    of its work, the task force shall assess the extent to which the
    establishment of permanent normal trade relations with the People's
    Republic of China, and the United States enactment of the African
    Growth and Opportunity Act, 19 U.S.C.A. 3701 et seq., and the
    United States-Caribbean Basin Trade Partnership Act, 19 U.S.C.A.
    2701 note, may contribute to the creation of export opportunities
    for small businesses including businesses headed by underserved
    populations.
      (b) For the purposes of this order, "businesses headed by
    underserved populations" means businesses headed by women or
    minorities, and/or located in rural communities.
      Sec. 3. Expedited Response to Worker Dislocation. (a) The
    Secretary of Labor shall expedite the Federal response to worker
    dislocation through the Workforce Investment Act and the Trade
    Adjustment Assistance program by proactively seeking information,
    from a variety of sources, on actual or prospective layoffs,
    including the media and community and labor union members, and by
    sharing such information with appropriate state workforce
    officials. In addition, the Department of Labor (Labor) shall
    undertake a number of proactive steps to support public outreach
    activities aimed at workers, employers, the media, local officials,
    the community, and labor organizations and their members to improve
    awareness of the adjustment assistance available through Labor
    programs, including, but not limited to:
        (1) developing a set of methods to inform employers of the
      services available through Labor workforce programs, which will
      explain the requirements of the Worker Adjustment and Retraining
      Notification Act, 29 U.S.C. 2101 et seq., and provide information
      on worker adjustment programs, including the Trade Adjustment
      Assistance and the basic dislocated worker programs, emphasizing
      the importance of early intervention to minimize the affects of
      work layoffs;
        (2) improving websites and other modes of communication to
      provide basic information on dislocated worker and Trade
      Adjustment Assistance program contacts at the State and local
      level;
        (3) developing a National Toll-Free Help Line to provide
      universal, accurate, and easy access to information about public
      workforce services to workers and employers;
        (4) providing on-site technical assistance, in partnership with
      other Federal agencies, when there are layoffs or closures with
      multi-State impact, or when there are dislocations with
      significant community impact (such as areas that have been
      affected by numerous layoffs of apparel and textile workers);
        (5) informing States directly when a secondary worker impact
      has been affirmed by Labor; and
        (6) to the extent permitted by law, and subject to the
      availability of appropriations, providing funding or an outreach
      campaign for secondary workers (i.e., individuals indirectly
      affected by increased imports from other countries).
      (b) The Secretary of Labor, in consultation with the Secretary of
    Commerce and the United States Trade Representative, shall report
    annually on the employment effects of the establishment of
    permanent normal trade relations with the People's Republic of
    China.
      Sec. 4. Judicial Review. This order does not create any right or
    benefit, substantive or procedural, enforceable at law by a party
    against the United States, its officers, its employees, or any
    other person.
                                                     William J. Clinton.

     EX. ORD. NO. 13360. PROVIDING OPPORTUNITIES FOR SERVICE-DISABLED
       VETERAN BUSINESSES TO INCREASE THEIR FEDERAL CONTRACTING AND
                              SUBCONTRACTING
      Ex. Ord. No. 13360, Oct. 20, 2004, 69 F.R. 62549, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    strengthen opportunities in Federal contracting for service-
    disabled veteran businesses, it is hereby ordered as follows:
      Section 1. Policy. America honors the extraordinary service
    rendered to the United States by veterans with disabilities
    incurred or aggravated in the line of duty during active service
    with the armed forces. Heads of agencies shall provide the
    opportunity for service-disabled veteran businesses to
    significantly increase the Federal contracting and subcontracting
    of such businesses. To achieve that objective, agencies shall more
    effectively implement section 15(g) of the Small Business Act (15
    U.S.C. 644(g)), which provides that the President must establish a
    goal of not less than 3 percent for participation by service-
    disabled veteran businesses in Federal contracting, and section 36
    of that Act (15 U.S.C. 657f), which gives agency contracting
    officers the authority to reserve certain procurements for service-
    disabled veteran businesses.
      Sec. 2. Duties of Agency Heads. To implement the policy set forth
    in section 1, heads of agencies shall:
      (a) develop a strategy to implement the policy set forth in
    section 1;
      (b) make the agency's strategy publicly available and report
    annually to the Administrator of the Small Business Administration
    on implementation of the agency's strategy;
      (c) designate a senior-level official who shall be responsible
    for developing and implementing the agency's strategy;
      (d) include development and implementation of the agency's
    strategy and achievements in furtherance of the strategy as
    significant elements in any performance plans of the agency's
    designated agency senior-level official, chief acquisition officer,
    and director of small and disadvantaged business utilization; and
      (e) include in the agency's strategy plans for:
        (i) reserving agency contracts exclusively for service-disabled
      veteran businesses;
        (ii) encouraging and facilitating participation by service-
      disabled veteran businesses in competitions for award of agency
      contracts;
        (iii) encouraging agency contractors to subcontract with
      service-disabled veteran businesses and actively monitoring and
      evaluating agency contractors' efforts to do so;
        (iv) training agency personnel on applicable law and policies
      relating to participation of service-disabled veteran businesses
      in Federal contracting; and
        (v) disseminating information to service-disabled veteran
      businesses that would assist these businesses in participating in
      awards of agency contracts.
      Sec. 3. Additional Duties of Administrator of the Small Business
    Administration. The Administrator of the Small Business
    Administration shall:
      (a) designate an appropriate entity within the Small Business
    Administration that shall, in coordination with the Veterans
    Affairs' Center for Veterans Enterprise (CVE), provide to service-
    disabled veteran businesses information and assistance concerning
    participation in Federal contracting;
      (b) advise and assist heads of agencies in their implementation
    of section 2 of this order; and
      (c) make available to service-disabled veteran businesses
    training in Federal contracting law, procedures, and practices that
    would assist such businesses in participating in Federal
    contracting.
      Sec. 4. Additional Duties of Administrator of General Services.
    The Administrator of General Services shall:
      (a) establish a Government-wide Acquisition Contract reserved for
    participation by service-disabled veteran businesses; and
      (b) assist service-disabled veteran businesses to be included in
    Federal Supply Schedules.
      Sec. 5. Additional Duties of the Secretary of Defense. The
    Secretary of Defense shall direct the Defense Acquisition
    University (DAU) to develop training on contracting with service-
    disabled veteran businesses and make this training available on
    line through the DAU continuous learning program.
      Sec. 6. Additional Duties of the Secretary of Veterans Affairs.
    The Secretary of Veterans Affairs shall assist agencies by making
    available services of the CVE and assist in verifying the accuracy
    of contractor registration databases with regard to service-
    disabled veteran businesses.
      Sec. 7. Additional Duties of the Secretary of Labor and Secretary
    of Veterans Affairs. The Secretary of Labor and Secretary of
    Veterans Affairs shall, respectively, direct the Transition
    Assistance Program and the Disability Transition Assistance Program
    to educate separating service members as to the benefits available
    to service-disabled veteran businesses and as to potential
    entrepreneurial opportunities.
      Sec. 8. Definitions. As used in this order:
      (a) the term "agency" means an "executive agency" as that term is
    defined in section 105 of title 5, United States Code, excluding an
    executive agency that has fewer than 500 employees, the Government
    Accountability Office, or a Government corporation;
      (b) the term "service-disabled" means, with respect to
    disability, that the disability was incurred or aggravated in the
    line of duty in the active service in the United States Armed
    Forces;
      (c) the term "service-disabled veteran" means a veteran, as
    defined in 38 U.S.C. 101(2), with a disability that is service-
    connected, as defined in 38 U.S.C. 101(16);
      (d) the term "service-disabled veteran business" means a small
    business concern owned and controlled by service-disabled veterans,
    as defined in section 3(q) of the Small Business Act (15 U.S.C.
    632(q)); and
      (e) the term "small business concern" has the meaning specified
    in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and
    the definitions and standards issued under that section.
      Sec. 9. General Provisions. (a) Heads of agencies shall carry out
    duties assigned by sections 3, 4, 5, 6, and 7 of this order to the
    extent consistent with applicable law and subject to the
    availability of appropriations.
      (b) To the extent permitted by law, an agency shall disclose
    personally identifying information on service-disabled veterans to
    other agencies who require such information in order to discharge
    their responsibilities under this order.
      (c) An agency that consists of a multi-member commission shall
    implement this order to the extent it determines appropriate to the
    accomplishment of the agency's mission.
      (d) This order is not intended to, and does not, create any right
    or benefit, substantive or procedural, enforceable at law or in
    equity by any party against the United States, its departments,
    agencies, instrumentalities or entities, its officers, employees or
    agents, or any other person.
                                                         George W. Bush.

-CROSS-
                                DEFINITIONS                            
      Pub. L. 105-135, Sec. 2, Dec. 2, 1997, 111 Stat. 2593, provided
    that: "In this Act [see Short Title of 1997 Amendment note above] -
    
        "(1) the term 'Administration' means the Small Business
      Administration;
        "(2) the term 'Administrator' means the Administrator of the
      Small Business Administration;
        "(3) the term 'Committees' means the Committees on Small
      Business of the House of Representatives and the Senate
      [Committee on Small Business of Senate now Committee on Small
      Business and Entrepreneurship of Senate]; and
        "(4) the term 'small business concern' has the meaning given
      the term in section 3 of the Small Business Act (15 U.S.C. 632)."
      Pub. L. 104-208, div. D, Sec. 2, Sept. 30, 1996, 110 Stat. 3009-
    725, provided that: "For purposes of this Act [probably should be
    "division", see Short Title of 1996 Amendment note above], the term
    'Administrator' means the Administrator of the Small Business
    Administration."

-FOOTNOTE-               

    (!1) So in original. The period probably should be a semicolon.

    (!2) So in original. Probably should be capitalized.

    (!3) So in original. Probably should be "management".


-End-



-CITE-
    15 USC Sec. 631a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 631a. Congressional declaration of small business economic
      policy

-STATUTE-
    (a) Foster small business
      For the purpose of preserving and promoting a competitive free
    enterprise economic system, Congress hereby declares that it is the
    continuing policy and responsibility of the Federal Government to
    use all practical means and to take such actions as are necessary,
    consistent with its needs and obligations and other essential
    considerations of national policy, to implement and coordinate all
    Federal department, agency, and instrumentality policies, programs,
    and activities in order to: foster the economic interests of small
    businesses; insure a competitive economic climate conducive to the
    development, growth and expansion of small businesses; establish
    incentives to assure that adequate capital and other resources at
    competitive prices are available to small businesses; reduce the
    concentration of economic resources and expand competition; and
    provide an opportunity for entrepreneurship, inventiveness, and the
    creation and growth of small businesses.
    (b) Capital availability to small business
      Congress further declares that the Federal Government is
    committed to a policy of utilizing all reasonable means, consistent
    with the overall economic policy goals of the Nation and the
    preservation of the competitive free enterprise system of the
    Nation, to establish private sector incentives that will help
    assure that adequate capital at competitive prices is available to
    small businesses. To fulfill this policy, departments, agencies,
    and instrumentalities of the Federal Government shall use all
    reasonable means to coordinate, create, and sustain policies and
    programs which promote investment in small businesses, including
    those investments which expand employment opportunities and which
    foster the effective and efficient use of human and natural
    resources in the economy of the Nation.

-SOURCE-
    (Pub. L. 96-302, title III, Sec. 302, July 2, 1980, 94 Stat. 848.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Small Business Economic Policy
    Act of 1980, and not as part of the Small Business Act which
    comprises this chapter.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1980, see section 507 of Pub. L. 96-
    302, set out as an Effective Date of 1980 Amendment note under
    section 631 of this title.

                                SHORT TITLE                            
      For short title of title III of Pub. L. 96-302, as the Small
    Business Economic Policy Act of 1980, see Short Title of 1980
    Amendments note set out under section 631 of this title.

-End-



-CITE-
    15 USC Sec. 631b                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 631b. Reports to Congress; state of small business

-STATUTE-
    (a) Report on Small Business and Competition
      The President shall transmit to the Congress not later than
    January 20 of each year a Report on Small Business and Competition
    which shall - 
        (1) examine the current role of small business in the economy
      on an industry-by-industry basis;
        (2) present current and historical data on production,
      employment, investment, population, job creation and retention,
      annual business failures, annual business startups, and other
      economic variables for small business in the economy as a whole
      and for small business in each sector of the economy, with, to
      the extent practicable, specific statistics divided as to urban,
      suburban, and rural areas;
        (3) identify economic trends which will or may affect the small
      business sector and the state of competition;
        (4) examine the effects on small business and competition of
      policies, programs, and activities, including, but not limited to
      the Internal Revenue Code [26 U.S.C. 1 et seq.], the Employee
      Retirement Income Security Act [29 U.S.C. 1001 et seq.], the
      Securities Act of 1933 [15 U.S.C. 77a et seq.], and the
      Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.], and
      regulations promulgated thereunder; identify problems generated
      by such policies, programs, and activities; and recommend
      legislative and administrative solutions to such problems; and
        (5) recommend a program for carrying out the policy declared in
      section 631a of this title, together with such recommendations
      for legislation as he may deem necessary or desirable.
    (b) Appendix to report
      The President also shall transmit simultaneously as an appendix
    to such annual report, a report, by agency and department, on the
    total dollar value of all Federal contracts exceeding $10,000 in
    amount and the dollar amount (including the subcontracts thereunder
    in excess of $10,000) awarded to small, minority-owned, female-
    owned, and veteran-owned businesses.
    (c) Supplementary reports
      The President may transmit from time to time to the Congress
    reports supplementary to the Report on Small Business and
    Competition, each of which shall include such supplementary or
    revised recommendations as he may deem necessary or desirable to
    achieve the policy declared in section 631a of this title.
    (d) Referral to Congressional committees
      The Report on Small Business and Competition and all
    supplementary reports transmitted under subsections (b) and (c) of
    this section shall, when transmitted to Congress, be referred to
    the Senate Select Committee on Small Business and the Committee on
    Small Business of the House of Representatives.
    (e) Small business concerns owned by disadvantaged individuals and
      by women (!1)

      The information and data required to be reported pursuant to
    subsection (a) of this section shall separately detail those
    portions of such information and data that are relevant to - 
        (1) small business concerns owned and controlled by socially
      and economically disadvantaged individuals, by gender, as defined
      pursuant to section 637(d) of this title;
        (2) small business concerns owned and controlled by women; and
        (3) (!2) qualified HUBZone small business concern (as defined
      in section 632(p) of this title).

        (3) (!2) small business concerns owned and controlled by
      veterans, as defined in section 632(q) of this title, and small
      business concerns owned and controlled by service-disabled
      veterans, as defined in such section 632(q) of this title.

-SOURCE-
    (Pub. L. 96-302, title III, Sec. 303, July 2, 1980, 94 Stat. 848;
    Pub. L. 100-533, title V, Sec. 503, Oct. 25, 1988, 102 Stat. 2697;
    Pub. L. 100-590, title I, Sec. 124, Nov. 3, 1988, 102 Stat. 3000;
    Pub. L. 101-574, title III, Sec. 305, Nov. 15, 1990, 104 Stat.
    2829; Pub. L. 105-135, title VI, Sec. 604(c), title VII, Sec. 705,
    Dec. 2, 1997, 111 Stat. 2633, 2637; Pub. L. 106-50, title VI, Sec.
    602, Aug. 17, 1999, 113 Stat. 248.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Internal Revenue Code, referred to in subsec. (a)(4), is
    classified to Title 26, Internal Revenue Code.
      The Employee Retirement Income Security Act, referred to in
    subsec. (a)(4), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as
    amended, which is classified principally to chapter 18 (Sec. 1001
    et seq.) of Title 29, Labor. For complete classification of this
    Act to the Code, see Short Title note set out under section 1001 of
    Title 29 and Tables.
      The Securities Act of 1933, referred to in subsec. (a)(4), is act
    May 27, 1933, ch. 38, title I, 48 Stat. 74, as amended, which is
    classified generally to subchapter I (Sec. 77a et seq.) of chapter
    2A of this title. For complete classification of this Act to the
    Code, see section 77a of this title and Tables.
      The Securities Exchange Act of 1934, referred to in subsec.
    (a)(4), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 78a of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Small Business Economic Policy
    Act of 1980, and not as part of the Small Business Act which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (e)(1). Pub. L. 106-50, Sec. 602(1), which
    directed amendment of par. (1) by striking "and" after the
    semicolon, could not be executed because the word "and" did not
    appear after the semicolon.
      Subsec. (e)(2). Pub. L. 106-50, Sec. 602(2), which directed
    amendment of par. (2) by substituting "; and" for the period, could
    not be executed because par. (2) did not contain a period.
      Subsec. (e)(3). Pub. L. 106-50, Sec. 602(3), added par. (3)
    relating to small business concerns owned and controlled by
    veterans.
      1997 - Subsec. (b). Pub. L. 105-135, Sec. 705, substituted ",
    female-owned, and veteran-owned businesses" for "and female-owned
    businesses".
      Subsec. (e)(3). Pub. L. 105-135, Sec. 604(c), added par. (3).
      1990 - Subsec. (a)(2). Pub. L. 101-574 added par. (2) and struck
    out former par. (2) which read as follows: "present current and
    historical data on production, employment, investment, and other
    economic variables for small business in the economy as a whole and
    for small business in each sector of the economy;".
      1988 - Subsec. (e). Pub. L. 100-533 and Pub. L. 100-590 added
    subsecs. (e) which were identical, except that the subsec. (e)
    added by Pub. L. 100-533, which is set out as text of this section,
    contained the phrase ", by gender," in par. (1).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
    Previously, Select Committee on Small Business of Senate became
    Committee on Small Business of Senate. See Senate Resolution No.
    101, Ninety-Seventh Congress, Mar. 25, 1981.


-MISC2-
                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1980, see section 507 of Pub. L. 96-
    302, set out as an Effective Date of 1980 Amendment note under
    section 631 of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of reporting provisions
    in subsecs. (a) and (b) of this section, see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance, and pages 17 and 34 of House Document
    No. 103-7.

-FOOTNOTE-               

    (!1) See 1988 Amendment note below.

    (!2) So in original. Two pars. (3) have been enacted.


-End-



-CITE-
    15 USC Sec. 631c                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 631c. Small Business Manufacturing Task Force

-STATUTE-
    (a) Establishment
      The Administrator of the Small Business Administration (referred
    to in this subtitle (!1) as the "Administrator") shall establish a
    Small Business Manufacturing Task Force (referred to in this
    section as the "Task Force") to address the concerns of small
    manufacturers.

    (b) Chair
      The Administrator shall assign a member of the Task Force to
    serve as chair of the Task Force.
    (c) Duties
      The Task Force shall - 
        (1) evaluate and identify whether programs and services are
      sufficient to serve the needs of small manufacturers;
        (2) actively promote the programs and services of the Small
      Business Administration that serve small manufacturers; and
        (3) identify and study the unique conditions facing small
      manufacturers and develop and propose policy initiatives to
      support and assist small manufacturers.
    (d) Meetings
      (1) Frequency
        The Task Force shall meet not less than 4 times per year, and
      more frequently if necessary to perform its duties.
      (2) Quorum
        A majority of the members of the Task Force shall constitute a
      quorum to approve recommendations or reports.
    (e) Personnel matters
      (1) Compensation of members
        Each member of the Task Force shall serve without compensation
      in addition to that received for services rendered as an officer
      or employee of the United States.
      (2) Detail of SBA employees
        Any employee of the Small Business Administration may be
      detailed to the Task Force without reimbursement, and such detail
      shall be without interruption or loss of civil service status or
      privilege.
    (f) Report
      Not later than 1 year after December 8, 2004, and annually
    thereafter, the Task Force shall submit a report containing the
    findings and recommendations of the task force to - 
        (1) the President;
        (2) the Committee on Small Business and Entrepreneurship of the
      Senate; and
        (3) the Committee on Small Business of the House of
      Representatives.

-SOURCE-
    (Pub. L. 108-447, div. K, title I, Sec. 147, Dec. 8, 2004, 118
    Stat. 3455.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This subtitle, referred to in subsec. (a), is subtitle D (Secs.
    141-147) of title I of div. K of Pub. L. 108-447, Dec. 8, 2004, 118
    Stat. 3453, which enacted this section, amended sections 637, 648,
    657b, and 657c of this title, enacted provisions set out as note
    under section 637 of this title, and amended provisions set out as
    a note under section 657b of this title. For complete
    classification of subtitle D to the Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Small Business Reauthorization
    and Manufacturing Assistance Act of 2004, and also as part of the
    Consolidated Appropriations Act, 2005, and not as part of the Small
    Business Act which comprises this chapter.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 632                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 632. Small-business concern

-STATUTE-
    (a) Criteria
      (1) For the purposes of this chapter, a small-business concern,
    including but not limited to enterprises that are engaged in the
    business of production of food and fiber, ranching and raising of
    livestock, agriculture, and all other farming and agricultural
    related industries, shall be deemed to be one which is
    independently owned and operated and which is not dominant in its
    field of operation: Provided, That notwithstanding any other
    provision of law, an agricultural enterprise shall be deemed to be
    a small business concern if it (including its affiliates) has
    annual receipts not in excess of $750,000.
      (2) Establishment of size standards. - 
        (A) In general. - In addition to the criteria specified in
      paragraph (1), the Administrator may specify detailed definitions
      or standards by which a business concern may be determined to be
      a small business concern for the purposes of this chapter or any
      other Act.
        (B) Additional criteria. - The standards described in paragraph
      (1) may utilize number of employees, dollar volume of business,
      net worth, net income, a combination thereof, or other
      appropriate factors.
        (C) Requirements. - Unless specifically authorized by statute,
      no Federal department or agency may prescribe a size standard for
      categorizing a business concern as a small business concern,
      unless such proposed size standard - 
          (i) is proposed after an opportunity for public notice and
        comment;
          (ii) provides for determining - 
            (I) the size of a manufacturing concern as measured by the
          manufacturing concern's average employment based upon
          employment during each of the manufacturing concern's pay
          periods for the preceding 12 months;
            (II) the size of a business concern providing services on
          the basis of the annual average gross receipts of the
          business concern over a period of not less than 3 years;
            (III) the size of other business concerns on the basis of
          data over a period of not less than 3 years; or
            (IV) other appropriate factors; and

          (iii) is approved by the Administrator.

      (3) When establishing or approving any size standard pursuant to
    paragraph (2), the Administrator shall ensure that the size
    standard varies from industry to industry to the extent necessary
    to reflect the differing characteristics of the various industries
    and consider other factors deemed to be relevant by the
    Administrator.
      (4) Exclusion of certain security expenses from consideration for
    purpose of small business size standards. - 
        (A) Determination required. - Not later than 30 days after
      January 6, 2006, the Administrator shall review the application
      of size standards established pursuant to paragraph (2) to small
      business concerns that are performing contracts in qualified
      areas and determine whether it would be fair and appropriate to
      exclude from consideration in the average annual gross receipts
      of such small business concerns any payments made to such small
      business concerns by Federal agencies to reimburse such small
      business concerns for the cost of subcontracts entered for the
      sole purpose of providing security services in a qualified area.
        (B) Action required. - Not later than 60 days after January 6,
      2006, the Administrator shall either - 
          (i) initiate an adjustment to the size standards, as
        described in subparagraph (A), if the Administrator determines
        that such an adjustment would be fair and appropriate; or
          (ii) provide a report to the Committee on Small Business and
        Entrepreneurship of the Senate and the Committee on Small
        Business of the House of Representatives explaining in detail
        the basis for the determination by the Administrator that such
        an adjustment would not be fair and appropriate.

        (C) Qualified areas. - In this paragraph, the term "qualified
      area" means - 
          (i) Iraq,
          (ii) Afghanistan, and
          (iii) any foreign country which included a combat zone, as
        that term is defined in section 112(c)(2) of title 26, at the
        time of performance of the relevant Federal contract or
        subcontract.
    (b) "Agency" defined
      For purposes of this chapter, any reference to an agency or
    department of the United States, and the term "Federal agency",
    shall have the meaning given the term "agency" by section 551(1) of
    title 5, but does not include the United States Postal Service or
    the Government Accountability Office.
    (c) Qualified employee trust; eligibility for loan guarantee;
      "qualified employee trust" defined; regulations for treatment of
      trust as qualified employee trust
      (1) For purposes of this chapter, a qualified employee trust
    shall be eligible for any loan guarantee under section 636(a) of
    this title with respect to a small business concern on the same
    basis as if such trust were the same legal entity as such concern.
      (2) For purposes of this chapter, the term "qualified employee
    trust" means, with respect to a small business concern, a trust - 
        (A) which forms part of an employee stock ownership plan (as
      defined in section 4975(e)(7) of title 26) - 
          (i) which is maintained by such concern, and
          (ii) which provides that each participant in the plan is
        entitled to direct the plan as to the manner in which voting
        rights under qualifying employer securities (as defined in
        section 4975(e)(8) of title 26) which are allocated to the
        account of such participant are to be exercised with respect to
        a corporate matter which (by law or charter) must be decided by
        a majority vote of outstanding common shares voted; and

        (B) in the case of any loan guarantee under section 636(a) of
      this title, the trustee of which enters into an agreement with
      the Administrator which is binding on the trust and on such small
      business concern and which provides that - 
          (i) the loan guaranteed under section 636(a) of this title
        shall be used solely for the purchase of qualifying employer
        securities of such concern,
          (ii) all funds acquired by the concern in such purchase shall
        be used by such concern solely for the purposes for which such
        loan was guaranteed,
          (iii) such concern will provide such funds as may be
        necessary for the timely repayment of such loan, and the
        property of such concern shall be available as security for
        repayment of such loan, and
          (iv) all qualifying employer securities acquired by such
        trust in such purchase shall be allocated to the accounts of
        participants in such plan who are entitled to share in such
        allocation, and each participant has a nonforfeitable right,
        not later than the date such loan is repaid, to all such
        qualifying employer securities which are so allocated to the
        participant's account.

      (3) Under regulations which may be prescribed by the
    Administrator, a trust may be treated as a qualified employee trust
    with respect to a small business concern if - 
        (A) the trust is maintained by an employee organization which
      represents at least 51 percent of the employees of such concern,
      and
        (B) such concern maintains a plan - 
          (i) which is an employee benefit plan which is designed to
        invest primarily in qualifying employer securities (as defined
        in section 4975(e)(8) of title 26),
          (ii) which provides that each participant in the plan is
        entitled to direct the plan as to the manner in which voting
        rights under qualifying employer securities which are allocated
        to the account of such participant are to be exercised with
        respect to a corporate matter which (by law or charter) must be
        decided by a majority vote of the outstanding common shares
        voted,
          (iii) which provides that each participant who is entitled to
        distribution from the plan has a right, in the case of
        qualifying employer securities which are not readily tradeable
        on an established market, to require that the concern
        repurchase such securities under a fair valuation formula, and
          (iv) which meets such other requirements (similar to
        requirements applicable to employee stock ownership plans as
        defined in section 4975(e)(7) of title 26) as the Administrator
        may prescribe, and

        (C) in the case of a loan guarantee under section 636(a) of
      this title, such organization enters into an agreement with the
      Administration which is described in paragraph (2)(B).
    (d) "Qualified Indian tribe" defined
      For purposes of section 636 of this title, the term "qualified
    Indian tribe" means an Indian tribe as defined in section 450b(e)
    of title 25, which owns and controls 100 per centum of a small
    business concern.
    (e) "Public or private organization for the handicapped" defined
      For purposes of section 636 of this title, the term "public or
    private organization for the handicapped" means one - 
        (1) which is organized under the laws of the United States or
      of any State, operated in the interest of handicapped
      individuals, the net income of which does not inure in whole or
      in part to the benefit of any shareholder or other individuals;
        (2) which complies with any applicable occupational health and
      safety standard prescribed by the Secretary of Labor; and
        (3) which, in the production of commodities and in the
      provision of services during any fiscal year in which it received
      financial assistance under this subsection, employs handicapped
      individuals for not less than 75 per centum of the man-hours
      required for the production or provision of the commodities or
      services.
    (f) "Handicapped individual" defined
      For purposes of section 636 of this title, the term "handicapped
    individual" means an individual - 
        (1) who has a physical, mental, or emotional impairment,
      defect, ailment, disease, or disability of a permanent nature
      which in any way limits the selection of any type of employment
      for which the person would otherwise be qualified or qualifiable;
      or
        (2) who is a service-disabled veteran.
    (g) "Energy measures" defined
      For purposes of section 636 of this title, the term "energy
    measures" includes - 
        (1) solar thermal energy equipment which is either of the
      active type based upon mechanically forced energy transfer or of
      the passive type based on convective, conductive, or radiant
      energy transfer or some combination of these types;
        (2) photovoltaic cells and related equipment;
        (3) a product or service the primary purpose of which is
      conservation of energy through devices or techniques which
      increase the energy efficiency of existing equipment, methods of
      operation, or systems which use fossil fuels, and which is on the
      Energy Conservation Measures list of the Secretary of Energy or
      which the Administrator determines to be consistent with the
      intent of this subsection;
        (4) equipment the primary purpose of which is production of
      energy from wood, biological waste, grain, or other biomass
      source of energy;
        (5) equipment the primary purpose of which is industrial
      cogeneration of energy, district heating, or production of energy
      from industrial waste;
        (6) hydroelectric power equipment;
        (7) wind energy conversion equipment; and
        (8) engineering, architectural, consulting, or other
      professional services which are necessary or appropriate to aid
      citizens in using any of the measures described in paragraph (1)
      through (7).
    (h) "Credit elsewhere" defined
      For purposes of this chapter the term "credit elsewhere" means
    the availability of credit from non-Federal sources on reasonable
    terms and conditions taking into consideration the prevailing rates
    and terms in the community in or near where the concern transacts
    business, or the homeowner resides, for similar purposes and
    periods of time.
    (i) "Homeowners" defined
      For purposes of section 636 of this title, the term "homeowners"
    includes owners and lessees of residential property and also
    includes personal property.
    (j) "Small agricultural cooperative" defined
      For the purposes of this chapter, the term "small agricultural
    cooperative" means an association (corporate or otherwise) acting
    pursuant to the provisions of the Agricultural Marketing Act (12
    U.S.C. 1141j), whose size does not exceed the size standard
    established by the Administration for other similar agricultural
    small business concerns. In determining such size, the
    Administration shall regard the association as a business concern
    and shall not include the income or employees of any member
    shareholder of such cooperative.
    (k) "Disaster" defined
      (1) For the purposes of this chapter, the term "disaster" means a
    sudden event which causes severe damage including, but not limited
    to, floods, hurricanes, tornadoes, earthquakes, fires, explosions,
    volcanoes, windstorms, landslides or mudslides, tidal waves,
    commercial fishery failures or fishery resource disasters (as
    determined by the Secretary of Commerce under section 4107(b) of
    title 16), ocean conditions resulting in the closure of customary
    fishing waters, riots, civil disorders or other catastrophes,
    except it does not include economic dislocations.
      (2) For purposes of section 636(b)(2) of this title, the term
    "disaster" includes - 
        (A) drought; and
        (B) below average water levels in the Great Lakes, or on any
      body of water in the United States that supports commerce by
      small business concerns.
    (l) "Computer crime" defined
      For purposes of this chapter - 
        (1) (!1) the term "computer crime" means - 

          (A) any crime committed against a small business concern by
        means of the use of a computer; and
          (B) any crime involving the illegal use of, or tampering
        with, a computer owned or utilized by a small business concern.
    (m) "Simplified acquisition threshold" defined
      For purposes of this chapter, the term "simplified acquisition
    threshold" has the meaning given such term in section 403(11) of
    title 41.
    (n) "Small business concern owned and controlled by women" defined
      For the purposes of this chapter, a small business concern is a
    small business concern owned and controlled by women if - 
        (1) at least 51 percent of small business concern is owned by
      one or more women or, in the case of any publicly owned business,
      at least 51 percent of the stock of which is owned by one or more
      women; and
        (2) the management and daily business operations of the
      business are controlled by one or more women.
    (o) Definitions of bundling of contract requirements and related
      terms
      In this chapter:
      (1) Bundled contract
        The term "bundled contract" means a contract that is entered
      into to meet requirements that are consolidated in a bundling of
      contract requirements.
      (2) Bundling of contract requirements
        The term "bundling of contract requirements" means
      consolidating 2 or more procurement requirements for goods or
      services previously provided or performed under separate smaller
      contracts into a solicitation of offers for a single contract
      that is likely to be unsuitable for award to a small-business
      concern due to - 
          (A) the diversity, size, or specialized nature of the
        elements of the performance specified;
          (B) the aggregate dollar value of the anticipated award;
          (C) the geographical dispersion of the contract performance
        sites; or
          (D) any combination of the factors described in subparagraphs
        (A), (B), and (C).
      (3) Separate smaller contract
        The term "separate smaller contract", with respect to a
      bundling of contract requirements, means a contract that has been
      performed by 1 or more small business concerns or was suitable
      for award to 1 or more small business concerns.
    (p) Definitions relating to HUBZones
      In this chapter:
      (1) Historically underutilized business zone
        The term "historically underutilized business zone" means any
      area located within 1 or more - 
          (A) qualified census tracts;
          (B) qualified nonmetropolitan counties;
          (C) lands within the external boundaries of an Indian
        reservation;
          (D) redesignated areas; or
          (E) base closure areas.
      (2) HUBZone
        The term "HUBZone" means a historically underutilized business
      zone.
      (3) HUBZone small business concern
        The term "HUBZone small business concern" means - 
          (A) a small business concern that is at least 51 percent
        owned and controlled by United States citizens;
          (B) a small business concern that is - 
            (i) an Alaska Native Corporation owned and controlled by
          Natives (as determined pursuant to section 1626(e)(1) of
          title 43); or
            (ii) a direct or indirect subsidiary corporation, joint
          venture, or partnership of an Alaska Native Corporation
          qualifying pursuant to section 1626(e)(1) of title 43, if
          that subsidiary, joint venture, or partnership is owned and
          controlled by Natives (as determined pursuant to section
          1626(e)(2) of title 43);

          (C) a small business concern - 
            (i) that is wholly owned by one or more Indian tribal
          governments, or by a corporation that is wholly owned by one
          or more Indian tribal governments; or
            (ii) that is owned in part by one or more Indian tribal
          governments, or by a corporation that is wholly owned by one
          or more Indian tribal governments, if all other owners are
          either United States citizens or small business concerns;

          (D) a small business concern that is - 
            (i) wholly owned by a community development corporation
          that has received financial assistance under part 1 of
          subchapter A of the Community Economic Development Act of
          1981 (42 U.S.C. 9805 et seq.); or
            (ii) owned in part by one or more community development
          corporations, if all other owners are either United States
          citizens or small business concerns; or

          (E) a small business concern that is - 
            (i) a small agricultural cooperative organized or
          incorporated in the United States;
            (ii) wholly owned by 1 or more small agricultural
          cooperatives organized or incorporated in the United States;
          or
            (iii) owned in part by 1 or more small agricultural
          cooperatives organized or incorporated in the United States,
          if all owners are small business concerns or United States
          citizens.
      (4) Qualified areas
        (A) Qualified census tract
          The term "qualified census tract" has the meaning given that
        term in section 42(d)(5)(C)(ii) of title 26.
        (B) Qualified nonmetropolitan county
          The term "qualified nonmetropolitan county" means any county -
         
            (i) that was not located in a metropolitan statistical area
          (as defined in section 143(k)(2)(B) of title 26) at the time
          of the most recent census taken for purposes of selecting
          qualified census tracts under section 42(d)(5)(C)(ii) of
          title 26; and
            (ii) in which - 
              (I) the median household income is less than 80 percent
            of the nonmetropolitan State median household income, based
            on the most recent data available from the Bureau of the
            Census of the Department of Commerce;
              (II) the unemployment rate is not less than 140 percent
            of the average unemployment rate for the United States or
            for the State in which such county is located, whichever is
            less, based on the most recent data available from the
            Secretary of Labor; or
              (III) there is located a difficult development area, as
            designated by the Secretary of Housing and Urban
            Development in accordance with section 42(d)(5)(C)(iii) of
            title 26, within Alaska, Hawaii, or any territory or
            possession of the United States outside the 48 contiguous
            States.
        (C) Redesignated area
          The term "redesignated area" means any census tract that
        ceases to be qualified under subparagraph (A) and any
        nonmetropolitan county that ceases to be qualified under
        subparagraph (B), except that a census tract or a
        nonmetropolitan county may be a "redesignated area" only until
        the later of - 
            (i) the date on which the Census Bureau publicly releases
          the first results from the 2010 decennial census; or
            (ii) 3 years after the date on which the census tract or
          nonmetropolitan county ceased to be so qualified.
        (D) Base closure area
          The term "base closure area" means lands within the external
        boundaries of a military installation that were closed through
        a privatization process under the authority of - 
            (i) the Defense Base Closure and Realignment Act of 1990
          (part A of title XXIX of division B of Public Law 101-510; 10
          U.S.C. 2687 note);
            (ii) title II of the Defense Authorization Amendments and
          Base Closure and Realignment Act (Public Law 100-526; 10
          U.S.C. 2687 note);
            (iii) section 2687 of title 10; or
            (iv) any other provision of law authorizing or directing
          the Secretary of Defense or the Secretary of a military
          department to dispose of real property at the military
          installation for purposes relating to base closures of
          redevelopment, while retaining the authority to enter into a
          leaseback of all or a portion of the property for military
          use.
      (5) Qualified HUBZone small business concern
        (A) In general
          A HUBZone small business concern is "qualified", if - 
            (i) the small business concern has certified in writing to
          the Administrator (or the Administrator otherwise determines,
          based on information submitted to the Administrator by the
          small business concern, or based on certification procedures,
          which shall be established by the Administration by
          regulation) that - 
              (I) it is a HUBZone small business concern - 
                (aa) pursuant to subparagraph (A), (B), (C), (D), or
              (E) of paragraph (3), and that its principal office is
              located in a HUBZone and not fewer than 35 percent of its
              employees reside in a HUBZone; or
                (bb) pursuant to paragraph (3)(C), and not fewer than
              35 percent of its employees engaged in performing a
              contract awarded to the small business concern on the
              basis of a preference provided under section 657a(b) of
              this title reside within any Indian reservation governed
              by one or more of the tribal government owners, or reside
              within any HUBZone adjoining any such Indian reservation;

              (II) the small business concern will attempt to maintain
            the applicable employment percentage under subclause (I)
            during the performance of any contract awarded to the small
            business concern on the basis of a preference provided
            under section 657a(b) of this title; and
              (III) with respect to any subcontract entered into by the
            small business concern pursuant to a contract awarded to
            the small business concern under section 657a of this
            title, the small business concern will ensure that - 
                (aa) in the case of a contract for services (except
              construction), not less than 50 percent of the cost of
              contract performance incurred for personnel will be
              expended for its employees or for employees of other
              HUBZone small business concerns;
                (bb) in the case of a contract for procurement of
              supplies (other than procurement from a regular dealer in
              such supplies), not less than 50 percent of the cost of
              manufacturing the supplies (not including the cost of
              materials) will be incurred in connection with the
              performance of the contract in a HUBZone by 1 or more
              HUBZone small business concerns; and
                (cc) in the case of a contract for the procurement by
              the Secretary of Agriculture of agricultural commodities,
              none of the commodity being procured will be obtained by
              the prime contractor through a subcontract for the
              purchase of the commodity in substantially the final form
              in which it is to be supplied to the Government; and

            (ii) no certification made or information provided by the
          small business concern under clause (i) has been, in
          accordance with the procedures established under section
          657a(c)(1) of this title - 
              (I) successfully challenged by an interested party; or
              (II) otherwise determined by the Administrator to be
            materially false.
        (B) Change in percentages
          The Administrator may utilize a percentage other than the
        percentage specified in item (aa) or (bb) of subparagraph
        (A)(i)(III), if the Administrator determines that such action
        is necessary to reflect conventional industry practices among
        small business concerns that are below the numerical size
        standard for businesses in that industry category.
        (C) Construction and other contracts
          The Administrator shall promulgate final regulations imposing
        requirements that are similar to those specified in items (aa)
        and (bb) of subparagraph (A)(i)(III) on contracts for general
        and specialty construction, and on contracts for any other
        industry category that would not otherwise be subject to those
        requirements. The percentage applicable to any such requirement
        shall be determined in accordance with subparagraph (B).
        (D) List of qualified small business concerns
          The Administrator shall establish and maintain a list of
        qualified HUBZone small business concerns, which list shall, to
        the extent practicable - 
            (i) once the Administrator has made the certification
          required by subparagraph (A)(i) regarding a qualified HUBZone
          small business concern and has determined that subparagraph
          (A)(ii) does not apply to that concern, include the name,
          address, and type of business with respect to each such small
          business concern;
            (ii) be updated by the Administrator not less than
          annually; and
            (iii) be provided upon request to any Federal agency or
          other entity.
      (6) Native American small business concerns
        (A) Alaska Native Corporation
          The term "Alaska Native Corporation" has the same meaning as
        the term "Native Corporation" in section 1602 of title 43.
        (B) Alaska Native Village
          The term "Alaska Native Village" has the same meaning as the
        term "Native village" in section 1602 of title 43.
        (C) Indian reservation
          The term "Indian reservation" - 
            (i) has the same meaning as the term "Indian country" in
          section 1151 of title 18, except that such term does not
          include - 
              (I) any lands that are located within a State in which a
            tribe did not exercise governmental jurisdiction on
            December 21, 2000, unless that tribe is recognized after
            December 21, 2000, by either an Act of Congress or pursuant
            to regulations of the Secretary of the Interior for the
            administrative recognition that an Indian group exists as
            an Indian tribe (part 83 of title 25, Code of Federal
            Regulations); and
              (II) lands taken into trust or acquired by an Indian
            tribe after December 21, 2000, if such lands are not
            located within the external boundaries of an Indian
            reservation or former reservation or are not contiguous to
            the lands held in trust or restricted status on December
            21, 2000; and

            (ii) in the State of Oklahoma, means lands that - 
              (I) are within the jurisdictional areas of an Oklahoma
            Indian tribe (as determined by the Secretary of the
            Interior); and
              (II) are recognized by the Secretary of the Interior as
            eligible for trust land status under part 151 of title 25,
            Code of Federal Regulations (as in effect on December 21,
            2000).
      (7) Agricultural commodity
        The term "agricultural commodity" has the same meaning as in
      section 5602 of title 7.
    (q) Definitions relating to veterans
      In this chapter, the following definitions apply:
      (1) Service-disabled veteran
        The term "service-disabled veteran" means a veteran with a
      disability that is service-connected (as defined in section
      101(16) of title 38).
      (2) Small business concern owned and controlled by service-
        disabled veterans
        The term "small business concern owned and controlled by
      service-disabled veterans" means a small business concern - 
          (A) not less than 51 percent of which is owned by one or more
        service-disabled veterans or, in the case of any publicly owned
        business, not less than 51 percent of the stock of which is
        owned by one or more service-disabled veterans; and
          (B) the management and daily business operations of which are
        controlled by one or more service-disabled veterans or, in the
        case of a veteran with permanent and severe disability, the
        spouse or permanent caregiver of such veteran.
      (3) Small business concern owned and controlled by veterans
        The term "small business concern owned and controlled by
      veterans" means a small business concern - 
          (A) not less than 51 percent of which is owned by one or more
        veterans or, in the case of any publicly owned business, not
        less than 51 percent of the stock of which is owned by one or
        more veterans; and
          (B) the management and daily business operations of which are
        controlled by one or more veterans.
      (4) Veteran
        The term "veteran" has the meaning given the term in section
      101(2) of title 38.
    (r) Definitions relating to small business lending companies
      As used in section 650 of this title:
      (1) Small business lending company
        The term "small business lending company" means a business
      concern that is authorized by the Administrator to make loans
      pursuant to section 636(a) of this title and whose lending
      activities are not subject to regulation by any Federal or State
      regulatory agency.
      (2) Non-Federally regulated SBA lender
        The term "non-Federally regulated SBA lender" means a business
      concern if - 
          (A) such concern is authorized by the Administrator to make
        loans under section 636 of this title;
          (B) such concern is subject to regulation by a State; and
          (C) the lending activities of such concern are not regulated
        by any Federal banking authority.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[3], July 18, 1958, 72 Stat. 384; Pub. L. 94-
    305, title I, Sec. 112(b), June 4, 1976, 90 Stat. 667; Pub. L. 95-
    507, title II, Sec. 224(b), Oct. 24, 1978, 92 Stat. 1772; Pub. L.
    96-302, title V, Sec. 504, July 2, 1980, 94 Stat. 851; Pub. L. 96-
    481, title I, Sec. 108, Oct. 21, 1980, 94 Stat. 2323; Pub. L. 97-
    35, title XIX, Sec. 1903, Aug. 13, 1981, 95 Stat. 771; Pub. L. 98-
    270, title III, Sec. 310, Apr. 18, 1984, 98 Stat. 161; Pub. L. 98-
    362, Sec. 6, July 16, 1984, 98 Stat. 434; Pub. L. 98-473, title I,
    Sec. 111A(b), Oct. 12, 1984, 98 Stat. 1966; Pub. L. 99-272, title
    XVIII, Sec. 18016, Apr. 7, 1986, 100 Stat. 371; Pub. L. 99-500,
    Sec. 101(c) [title X, Sec. 921(f)], Oct. 18, 1986, 100 Stat. 1783-
    82, 1783-149, and Pub. L. 99-591, Sec. 101(c) [title X, Sec.
    921(f)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-149; Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-661, div.
    A, title IX, formerly title IV, Sec. 921(f), Nov. 14, 1986, 100
    Stat. 3929, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr.
    21, 1987, 101 Stat. 273; Pub. L. 100-26, Sec. 10(b)(2), Apr. 21,
    1987, 101 Stat. 288; Pub. L. 100-456, div. A, title VIII, Sec. 845,
    Sept. 29, 1988, 102 Stat. 2027; Pub. L. 100-590, title I, Sec.
    119(b), Nov. 3, 1988, 102 Stat. 2999; Pub. L. 100-656, title VII,
    Sec. 732, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 101-510, div. A,
    title VIII, Sec. 806(e)(1), Nov. 5, 1990, 104 Stat. 1592; Pub. L.
    102-366, title II, Sec. 222(a), Sept. 4, 1992, 106 Stat. 999; Pub.
    L. 103-355, title IV, Sec. 4404(a), title VII, Sec. 7106(d), Oct.
    13, 1994, 108 Stat. 3349, 3376; Pub. L. 103-403, title III, Sec.
    301, Oct. 22, 1994, 108 Stat. 4187; Pub. L. 104-208, div. D, title
    I, Sec. 104(b)(1), Sept. 30, 1996, 110 Stat. 3009-730; Pub. L. 105-
    135, title IV, Sec. 412, title VI, Sec. 602(a), Dec. 2, 1997, 111
    Stat. 2617, 2627; Pub. L. 106-50, title I, Sec. 103(a), title IV,
    Sec. 401(a), Aug. 17, 1999, 113 Stat. 234, 243; Pub. L. 106-554,
    Sec. 1(a)(9) [title VI, Secs. 602-604, 611, 612(b)-615(a), title
    VIII, Sec. 806(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A-697 to
    2763A-701, 2763A-706; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118
    Stat. 814; Pub. L. 108-447, div. K, title I, Secs. 151, 152(a)(1),
    (3)-(c)(1), 162, Dec. 8, 2004, 118 Stat. 3456, 3457, 3465; Pub. L.
    109-59, title X, Sec. 10203, Aug. 10, 2005, 119 Stat. 1933; Pub. L.
    109-163, div. A, title VIII, Secs. 844, 845(a)(1), Jan. 6, 2006,
    119 Stat. 3389, 3390.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Agricultural Marketing Act (12 U.S.C. 1141j), referred to in
    subsec. (j), is act June 15, 1929, ch. 24, 46 Stat. 11, as amended,
    which is classified generally to chapter 7A (Sec. 1141 et seq.) of
    Title 12, Banks and Banking. For complete classification of this
    Act to the Code, see section 1141j(f) of Title 12 and Tables.
      The Community Economic Development Act of 1981, referred to in
    subsec. (p)(3)(D)(i), is subchapter A (Secs. 611-633) of chapter 8
    of subtitle A of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat.
    489, as amended. Part 1 of subchapter A of the Act is classified
    generally to part A (Sec. 9805 et seq.) of subchapter I of chapter
    105 of Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 9801 of Title 42 and Tables.

-COD-
                               CODIFICATION                           
      "Section 450b(e) of title 25", referred to in subsec. (d), was in
    the original "section 4(a) of the Indian Self-Determination and
    Education Assistance Act" which is classified to section 450b(a) of
    Title 25, Indians, but has been editorially translated as section
    450b(e) of Title 25 as the probable intent of Congress, in that the
    definition of "Indian Tribes" is set out in subsec. (e) of section
    450b of Title 25.
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 203 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 233, which was
    previously classified to this section. See Codification note set
    out under section 631 of this title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(4). Pub. L. 109-163, Sec. 844, added par. (4).
      Subsec. (k). Pub. L. 109-163, Sec. 845(a)(1), designated existing
    provisions as par. (1) and added par. (2).
      2005 - Subsec. (p)(4)(B)(ii)(III). Pub. L. 109-59 added subcl.
    (III).
      2004 - Subsec. (b). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      Subsec. (j). Pub. L. 108-447, Sec. 151(b), struck out "of section
    636(b)(2)" after "For the purposes".
      Subsec. (p)(1)(E). Pub. L. 108-447, Sec. 152(a)(1), added subpar.
    (E).
      Subsec. (p)(3)(A). Pub. L. 108-447, Sec. 151(a)(1)(A), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "a small business concern that is owned and controlled by
    one or more persons, each of whom is a United States citizen;".
      Subsec. (p)(3)(E). Pub. L. 108-447, Sec. 151(a)(1)(B)-(D), added
    subpar. (E).
      Subsec. (p)(4)(B)(ii)(II). Pub. L. 108-447, Sec. 152(b), amended
    subcl. (II) generally. Prior to amendment, subcl. (II) read as
    follows: "the unemployment rate is not less than 140 percent of the
    Statewide average unemployment rate for the State in which the
    county is located, based on the most recent data available from the
    Secretary of Labor."
      Subsec. (p)(4)(C). Pub. L. 108-447, Sec. 152(c)(1), substituted
    "only until the later of - 
        "(i) the date on which the Census Bureau publicly releases the
      first results from the 2010 decennial census; or
        "(ii) 3 years after"
    for "only for the 3-year period following".
      Subsec. (p)(4)(D). Pub. L. 108-447, Sec. 152(a)(3), added subpar.
    (D).
      Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 108-447, Sec. 151(a)(2),
    substituted "(C), (D), or (E)" for "or (D)".
      Subsec. (r). Pub. L. 108-447, Sec. 162, added subsec. (r).
      2000 - Subsec. (a)(1). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 806(b)], substituted "$750,000" for "$500,000".
      Subsec. (p)(1)(D). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    613(1)], added subpar. (D).
      Subsec. (p)(3). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    602], amended heading and text of par. (3) generally, substituting
    present provisions for provisions which had defined "HUBZone small
    business concern" as a small business concern that is owned and
    controlled by 1 or more persons, each of whom is a United States
    citizen, and the principal office of which is located in a HUBZone.
      Subsec. (p)(3)(D). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    614(1)], added subpar. (D).
      Subsec. (p)(4)(A). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    611(a)], substituted "section 42(d)(5)(C)(ii)" for "section
    42(d)(5)(C)(ii)(I)".
      Subsec. (p)(4)(B). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    611(b)], added subpar. (B) and struck out heading and text of
    former subpar. (B). Text read as follows: "The term 'qualified
    nonmetropolitan county' means any county - 
        "(i) that, based on the most recent data available from the
      Bureau of the Census of the Department of Commerce - 
          "(I) is not located in a metropolitan statistical area (as
        defined in section 143(k)(2)(B) of title 26); and
          "(II) in which the median household income is less than 80
        percent of the nonmetropolitan State median household income;
        or
        "(ii) that, based on the most recent data available from the
      Secretary of Labor, has an unemployment rate that is not less
      than 140 percent of the statewide average unemployment rate for
      the State in which the county is located."
      Subsec. (p)(4)(C). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    613(2)], added subpar. (C).
      Subsec. (p)(5)(A)(i)(I). Pub. L. 106-554, Sec. 1(a)(9) [title VI,
    Sec. 603(a)], added subcl. (I) and struck out former subcl. (I)
    which read as follows: "it is a HUBZone small business concern;".
      Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 106-554, Sec. 1(a)(9) [title
    VI, Sec. 614(2)], substituted "subparagraph (A), (B), or (D)" for
    "subparagraph (A) or (B)".
      Subsec. (p)(5)(A)(i)(II). Pub. L. 106-554, Sec. 1(a)(9) [title
    VI, Sec. 603(a)], added subcl. (II) and struck out former subcl.
    (II) which read as follows: "not less than 35 percent of the
    employees of the small business concern reside in a HUBZone, and
    the small business concern will attempt to maintain this employment
    percentage during the performance of any contract awarded to the
    small business concern on the basis of a preference provided under
    section 657a(b) of this title; and".
      Subsec. (p)(5)(A)(i)(III)(cc). Pub. L. 106-554, Sec. 1(a)(9)
    [title VI, Sec. 612(b)(1)], added item (cc).
      Subsec. (p)(5)(C). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    615(a)], which directed amendment of subpar. (C) by substituting
    "items (aa) and (bb) of subparagraph (A)(i)(III)" for "subclause
    (IV) and (V) of subparagraph (A)(i)", was executed by making the
    substitution for "subclauses (IV) and (V) of subparagraph (A)(i)",
    to reflect the probable intent of Congress.
      Subsec. (p)(5)(D)(i). Pub. L. 106-554, Sec. 1(a)(9) [title VI,
    Sec. 603(b)], inserted "once the Administrator has made the
    certification required by subparagraph (A)(i) regarding a qualified
    HUBZone small business concern and has determined that subparagraph
    (A)(ii) does not apply to that concern," before "include".
      Subsec. (p)(6). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    604], added par. (6).
      Subsec. (p)(7). Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec.
    612(b)(2)], added par. (7).
      1999 - Subsec. (f). Pub. L. 106-50, Sec. 401(a), amended subsec.
    (f) generally. Prior to amendment, subsec. (f) read as follows:
    "For purposes of section 636 of this title, the term 'handicapped
    individual' means a person who has a physical, mental, or emotional
    impairment, defect, ailment, disease, or disability of a permanent
    nature which in any way limits the selection of any type of
    employment for which the person would otherwise be qualified or
    qualifiable."
      Subsec. (q). Pub. L. 106-50, Sec. 103(a), added subsec. (q).
      1997 - Subsec. (o). Pub. L. 105-135, Sec. 412, added subsec. (o).
      Subsec. (p). Pub. L. 105-135, Sec. 602(a), added subsec. (p).
      1996 - Subsec. (k). Pub. L. 104-208 inserted "commercial fishery
    failures or fishery resource disasters (as determined by the
    Secretary of Commerce under section 4107(b) of title 16)," after
    "tidal waves,".
      1994 - Subsec. (a)(2). Pub. L. 103-403 amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "In
    addition to the criteria specified in paragraph (1), the
    Administrator may specify detailed definitions or standards (by
    number of employees or dollar volume of business) by which a
    business concern is to be recognized as a small business concern
    for the purposes of this chapter or any other Act. Unless
    specifically authorized by statute, the Secretary of a department
    or the head of a Federal agency may not prescribe for the use of
    such department or agency a size standard for categorizing a
    business concern as a small business concern, unless such proposed
    size standard - 
        "(A) is being proposed after an opportunity for public notice
      and comment;
        "(B) provides for determining, over a period of not less than 3
      years - 
          "(i) the size of a manufacturing concern on the basis of the
        number of its employees during that period; and
          "(ii) the size of a concern providing services on basis of
        the average gross receipts of the concern during that period;
        and
        "(C) is approved by the Administrator."
      Subsec. (m). Pub. L. 103-355, Sec. 4404(a), substituted "
    'simplified acquisition threshold' " for " 'small purchase
    threshold' ".
      Subsec. (n). Pub. L. 103-355, Sec. 7106(d), added subsec. (n).
      1992 - Subsec. (a). Pub. L. 102-366 added pars. (2) and (3) and
    struck out at end of par. (1) "In addition to the foregoing
    criteria the Administrator, in making a detailed definition, may
    use these criteria, among others: Number of employees and dollar
    volume of business: Provided, That the Administration shall not
    promulgate, amend, or rescind any rule [or] regulation with respect
    to size standards prior to March 31, 1981. Where the number of
    employees is used as one of the criteria in making such definition
    for any of the purposes of this chapter, the maximum number of
    employees which a small-business concern may have under the
    definition shall vary from industry to industry to the extent
    necessary to reflect differing characteristics of such industries
    and to take proper account of other relevant factors."
      1990 - Subsec. (m). Pub. L. 101-510 added subsec. (m).
      1988 - Subsec. (a). Pub. L. 100-656 struck out pars. (2) to (5)
    which established a program for review of size standards for
    eligibility of business concerns in certain industry categories for
    a procurement restricted to small business concerns under section
    637(a) or 644(a) of this title and provided for adjustment of those
    standards and periodic review of the program.
      Pub. L. 100-456 inserted provisions in par. (4)(C) respecting
    applicability of regulations to contracts entered into on or after
    Oct. 1, 1988.
      Subsecs. (j) to (l). Pub. L. 100-590 added subsec. (k) and
    redesignated subsec. (j), defining "computer crime", as (l).
      1987 - Subsec. (a)(3). Pub. L. 100-26, Sec. 10(b)(2)(A),
    substituted "dollar value of the contracts to be awarded in that
    industry category" for "value of contracts to be awarded under such
    sections".
      Subsec. (a)(4)(A)(i). Pub. L. 100-26, Sec. 10(b)(2)(B),
    substituted "paragraph (3)" for "paragraph (3)(A)".
      Subsec. (a)(5). Pub. L. 100-26, Sec. 10(b)(2)(C), substituted
    "shall be made not later than 180 days after the end of each such"
    for "made with the expiration of 180 days after each".
      1986 - Subsec. (a). Pub. L. 99-500, Pub. L. 99-591, and Pub. L.
    99-661 amended subsec. (a) identically designating existing
    provision as par. (1) and adding pars. (2) to (5).
      Pub. L. 99-272 inserted proviso that notwithstanding any other
    provision of law, an agricultural enterprise shall be deemed to be
    a small business concern if it, including its affiliates, has
    annual receipts not in excess of $500,000.
      Subsec. (c)(2)(A), (3)(B)(i), (iv). Pub. L. 99-514 substituted
    "Internal Revenue Code of 1986" for "Internal Revenue Code of
    1954", which for purposes of codification was translated as "title
    26" thus requiring no change in text.
      1984 - Subsec. (j). Pub. L. 98-473 in subsec. (j) added by Pub.
    L. 98-270 substituted "as a business concern and shall not include
    the income or employees of any member shareholder of such
    cooperative" for "as an entity and shall not include the income or
    employees of any member shareholder of such cooperative: Provided,
    That such an association shall not be deemed to be a small
    agricultural cooperative unless each member of the board of
    directors of the association, or each member of the governing body
    of the association if it is not incorporated, also individually
    qualifies as a small business concern".
      Pub. L. 98-362 added subsec. (j) defining "computer crime".
      Pub. L. 98-270 added subsec. (j) defining "small agricultural
    cooperative".
      1981 - Subsecs. (d) to (i). Pub. L. 97-35 added subsecs. (d) to
    (i).
      1980 - Subsec. (a). Pub. L. 96-481, in the additional criteria
    inserted proviso that the Administration shall not promulgate,
    amend, or rescind any rule or regulation with respect to size
    standards prior to March 31, 1981.
      Subsec. (c). Pub. L. 96-302 added subsec. (c).
      1978 - Pub. L. 95-507 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1976 - Pub. L. 94-305 inserted reference to enterprises that are
    engaged in business of production of food and fiber, ranching and
    raising of livestock, aquaculture, and all other farming and
    agricultural related industries.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 104(b)(2) of div. D of Pub. L. 104-208 provided that:
    "The amendment made by paragraph (1) [amending this section] shall
    be effective with respect to any disaster occurring on or after
    March 1, 1994."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Section 12(c) of Pub. L. 100-26 provided that: "The amendments
    made by sections 5 [amending section 2365 of Title 10, Armed
    Forces, and amending provisions set out as notes under sections
    1621, 2326, and 2437 of Title 10] and 10 [amending this section,
    sections 637 and 644 of this title, and provisions set out as a
    note under this section] shall apply as if included in each
    instance of the Defense Acquisition Improvement Act (as specified
    in section 2) [title X of section 101(c) of Pub. L. 99-500 and Pub.
    L. 99-591, and title IX of div. A of Pub. L. 99-661] when each was
    enacted [Oct. 18, 1986, Oct. 30, 1986, and Nov. 14, 1986,
    respectively]."

       EFFECTIVE DATE OF 1986 AMENDMENT; INITIAL REVIEW OF STANDARDS   
      Section 101(c) [title X, Sec. 921(g), (h)] of Pub. L. 99-500 and
    Pub. L. 99-591, and section 921(g), (h) of title IX, formerly title
    IV, of Pub. L. 99-661; renumbered title IX and amended by Pub. L.
    100-26, Secs. 3(5), 10(a)(2), Apr. 21, 1987, 101 Stat. 273, 288;
    Pub. L. 100-180, div. A, title VIII, Sec. 809(d), Dec. 4, 1987, 101
    Stat. 1130, provided that:
      "(g) Effective Dates. - Except as otherwise provided in
    subsection (h), the amendments made by this section [amending this
    section and sections 637 and 644 of this title and enacting
    provisions set out as notes below] shall take effect on October 1,
    1987.
      "(h) Initial Review of Size Standards. - (1) Paragraph (2) of
    section 3(a) of the Small Business Act (as added by subsection (f))
    [15 U.S.C. 632(a)(2)] shall take effect on the date of the
    enactment of this Act [Oct. 18, 1986].
      "(2) The first review conducted by the Administrator under such
    paragraph shall review the periods beginning on October 1, 1983,
    and ending on September 30, 1986, and shall be completed not later
    than 180 days after the date of the enactment of this Act.
      "(3) If the Administrator of the Small Business Administration
    determines, on the basis of the review referred to in paragraph
    (2), that contracts awarded under the set-aside programs under
    sections 8(a) and 15(a) of the Small Business Act [15 U.S.C.
    637(a), 644(a)] in any industry category subject to that review
    exceed 30 percent of the dollar value of the total contract awards
    for that industry category, as determined in accordance with the
    last sentence of section 15(a)(3) of such Act, the Administrator
    shall propose adjustments to the size standards for such industry
    category establishing eligibility for a set-aside program to a size
    that will likely reduce the number of contracts which may be set
    aside to approximately 30 percent of the dollar value of the
    contracts to be awarded in that industry category. The
    Administrator shall publish proposed regulations, including any
    revised size standards, in the Federal Register by November 30,
    1987, or the date of enactment of the National Defense
    Authorization Act for Fiscal Years 1988 and 1989 [Pub. L. 100-180,
    Dec. 4, 1987], whichever is later. The proposed regulations shall
    provide not less than 60 days for public comment. The Administrator
    shall issue final regulations not later than May 31, 1988.

                     EFFECTIVE DATE OF 1984 AMENDMENTS                 
      Section 312 of title III of Pub. L. 98-270 provided that: "The
    amendments made by sections 310 and 311 of this title [amending
    this section and section 636 of this title] shall apply to loans
    granted on the basis of any disaster with respect to which a
    declaration has been issued after September 1, 1982, under section
    7(b)(2) (A), (B), or (C) of the Small Business Act [15 U.S.C.
    636(b)(2)(A), (B), (C)] or with respect to which a certification
    has been made after such date under section 7(b)(2)(D) of such
    Act."
      Section 313 of title III of Pub. L. 98-270 provided that: "This
    title [amending this section and sections 633, 636, and 647 of this
    title, enacting provisions set out as notes under sections 632 and
    636 of this title, and amending provisions set out as a note under
    section 631 of this title] shall take effect October 1, 1983."
      Amendment by Pub. L. 98-362 effective Oct. 1, 1984, see section
    7(a) of Pub. L. 98-362, set out as an Effective and Termination
    Dates of 1984 Amendments note under section 633 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, but shall not
    affect any financing made, obligated, or committed under this
    chapter or chapter 14B of this title prior to Aug. 13, 1981, see
    section 1918 of Pub. L. 97-35, set out as a note under section 631
    of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.

                                REGULATIONS                            
      Pub. L. 109-163, div. A, title VIII, Sec. 845(d), Jan. 6, 2006,
    119 Stat. 3391, provided that: "Not later than 45 days after the
    date of enactment of this Act [Jan. 6, 2006], the Administrator of
    the Small Business Administration shall promulgate final rules to
    carry out this section [amending this section and section 636 of
    this title] and the amendments made by this section."
      Section 605 of title VI of Pub. L. 105-135 provided that:
      "(a) In General. - Not later than 180 days after the date of
    enactment of this Act [Dec. 2, 1997], the Administrator shall
    publish in the Federal Register such final regulations as may be
    necessary to carry out this title [see Short Title of 1997
    Amendment note set out under section 631 of this title] and the
    amendments made by this title.
      "(b) Federal Acquisition Regulation. - Not later than 180 days
    after the date on which final regulations are published under
    subsection (a), the Federal Acquisition Regulatory Council shall
    amend the Federal Acquisition Regulation in order to ensure
    consistency between the Federal Acquisition Regulation, this title
    and the amendments made by this title, and the final regulations
    published under subsection (a)."
      Section 222(b) of Pub. L. 102-366 provided that:
      "(1) In general. - Not later than 180 days after the date of
    enactment of this Act [Sept. 4, 1992], the Administrator of the
    Small Business Administration shall issue proposed regulations to
    implement the amendments made by subsection (a) [amending this
    section]. Final regulations shall be issued not later than 270 days
    after such date of enactment.
      "(2) Listing of additional size standards. - The regulations
    required by paragraph (1) shall include a listing of all small
    business size standards prescribed by statute or by individual
    Federal departments and agencies, identifying the programs or
    purposes to which such size standards apply."

                 HUBZONE STATUS TIME LINE AND COMMENCEMENT             
      Pub. L. 108-447, div. K, title I, Sec. 152(a)(2), Dec. 8, 2004,
    118 Stat. 3457, provided that: "A base closure area that has
    undergone final closure shall be treated as a HUBZone for purposes
    of the Small Business Act [15 U.S.C. 631 et seq.] for a period of 5
    years."

     CONTINUED EFFECTIVENESS OF NUMERICAL SIZE STANDARDS IN EFFECT ON
                            SEPTEMBER 30, 1988
      The last sentence of section 732 of Pub. L. 100-656 which
    provided that any numerical size standard that pertained to any of
    the designated industry groups, and that was in effect on Sept. 30,
    1988, was to remain in effect for the duration of the Program, was
    repealed by Pub. L. 103-160, div. A, title VIII, Sec. 850(1), Nov.
    30, 1993, 107 Stat. 1726. See section 717(f) of Pub. L. 100-656,
    set out as a note under section 644 of this title.

                    REPORT ON EFFECT OF 1986 AMENDMENTS                
      Section 101(c) [title X, Sec. 921(i)] of Pub. L. 99-500 and Pub.
    L. 99-591, and section 921(i) of title IX, formerly title IV, of
    Pub. L. 99-661; renumbered title IX, Pub. L. 100-26, Sec. 3(5),
    Apr. 21, 1987, 101 Stat. 273, directed Administrator of the Small
    Business Administration, not later than July 15, 1987, to submit to
    Congress a report on the amendments to sections 632, 637, and 644
    of this title made by this section which was to include
    Administrator's views on the advisability and feasibility of
    implementing such amendments, Administrator's findings and
    determinations under the review of size standards for businesses
    that qualify as small businesses carried out pursuant to 15 U.S.C.
    632(a)(2)(B), a determination of whether or not the amendments to
    section 632 of this title would further the interests of the set-
    aside program, and recommendations for furthering certain
    interests in a more efficient or effective manner than provided in
    such amendments.

-FOOTNOTE-
    (!1) So in original. No par. (2) has been enacted.


-End-



-CITE-
    15 USC Sec. 633                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 633. Small Business Administration

-STATUTE-
    (a) Creation; principal, branch, and regional offices
      In order to carry out the policies of this chapter there is
    created an agency under the name "Small Business Administration"
    (herein referred to as the Administration), which Administration
    shall be under the general direction and supervision of the
    President and shall not be affiliated with or be within any other
    agency or department of the Federal Government. The principal
    office of the Administration shall be located in the District of
    Columbia. The Administration may establish such branch and regional
    offices in other places in the United States as may be determined
    by the Administrator of the Administration. As used in this
    chapter, the term "United States" includes the several States, the
    Territories and possessions of the United States, the Commonwealth
    of Puerto Rico, the Trust Territory of the Pacific Islands, and the
    District of Columbia.
    (b) Appointment of Administrator, Deputy Administrator, and
      Associate Administrators; duties of Administrator: preparation of
      data base and publication of economic indices and annual report;
      risk management database; computer security and education program
      (1) The management of the Administration shall be vested in an
    Administrator who shall be appointed from civilian life by the
    President, by and with the advice and consent of the Senate, and
    who shall be a person of outstanding qualifications known to be
    familiar and sympathetic with small-business needs and problems.
    The Administrator shall not engage in any other business, vocation,
    or employment than that of serving as Administrator. In carrying
    out the programs administered by the Small Business Administration
    including its lending and guaranteeing functions, the Administrator
    shall not discriminate on the basis of sex or marital status
    against any person or small business concern applying for or
    receiving assistance from the Small Business Administration, and
    the Small Business Administration shall give special consideration
    to veterans of the Armed Forces of the United States and their
    survivors or dependents. The President also may appoint a Deputy
    Administrator, by and with the advice and consent of the Senate.
    The Administrator is authorized to appoint five Associate
    Administrators (including the Associate Administrator specified in
    section 671 of this title) to assist in the execution of the
    functions vested in the Administration. One such Associate
    Administrator shall be the Associate Administrator for Veterans
    Business Development, who shall administer the Office of Veterans
    Business Development established under section 657b of this title.
    One of the Associate Administrators shall be designated at the time
    of his appointment as the Associate Administrator for Minority
    Small Business and Capital Ownership Development who shall be an
    employee in the competitive service or in the Senior Executive
    Service and a career appointee and shall be responsible to the
    Administrator for the formulation and execution of the policies and
    programs under sections 636(j) and 637(a) of this title which
    provide assistance to minority small business concerns. The Deputy
    Administrator shall be Acting Administrator of the Administration
    during the absence or disability of the Administrator or in the
    event of a vacancy in the office of the Administrator.
      (2) The Administrator also shall be responsible for - 
        (A) establishing and maintaining an external small business
      economic data base for the purpose of providing the Congress and
      the Administration information on the economic condition and the
      expansion or contraction of the small business sector. To that
      end, the Administrator shall publish on a regular basis national
      small business economic indices and, to the extent feasible,
      regional small business economic indices, which shall include,
      but need not be limited to, data on - 
          (i) employment, layoffs, and new hires;
          (ii) number of business establishments and the types of such
        establishments such as sole proprietorships, corporations, and
        partnerships;
          (iii) number of business formations and failures;
          (iv) sales and new orders;
          (v) back orders;
          (vi) investment in plant and equipment;
          (vii) changes in inventory and rate of inventory turnover;
          (viii) sources and amounts of capital investment, including
        debt, equity, and internally generated funds;
          (ix) debt to equity ratios;
          (x) exports;
          (xi) number and dollar amount of mergers and acquisitions by
        size of acquiring and acquired firm; and
          (xii) concentration ratios; and

        (B) publishing annually a report giving a comparative analysis
      and interpretation of the historical trends of the small business
      sector as reflected by the data acquired pursuant to subparagraph
      (A) of this subsection.

      (3) Risk management database. - 
        (A) Establishment. - The Administration shall establish, within
      the management system for the loan programs authorized by
      subsections (a) and (b) of section 636 of this title and title V
      of the Small Business Investment Act of 1958 [15 U.S.C. 695 et
      seq.], a management information system that will generate a
      database capable of providing timely and accurate information in
      order to identify loan underwriting, collections, recovery, and
      liquidation problems.
        (B) Information to be maintained. - In addition to such other
      information as the Administration considers appropriate, the
      database established under subparagraph (A) shall, with respect
      to each loan program described in subparagraph (A), include
      information relating to - 
          (i) the identity of the institution making the guaranteed
        loan or issuing the debenture;
          (ii) the identity of the borrower;
          (iii) the total dollar amount of the loan or debenture;
          (iv) the total dollar amount of government exposure in each
        loan;
          (v) the district of the Administration in which the borrower
        has its principal office;
          (vi) the principal line of business of the borrower, as
        identified by Standard Industrial Classification Code (or any
        successor to that system);
          (vii) the delinquency rate for each program (including number
        of instances and days overdue);
          (viii) the number and amount of repurchases, losses, and
        recoveries in each program;
          (ix) the number of deferrals or forbearances in each program
        (including days and number of instances);
          (x) comparisons on the basis of loan program, lender,
        Administration district and region, for all the data elements
        maintained; and
          (xi) underwriting characteristics of each loan that has
        entered into default, including term, amount and type of
        collateral, loan-to-value and other actual and projected
        ratios, line of business, credit history, and type of loan.

        (C) Deadline for operational capability. - The database
      established under subparagraph (A) shall - 
          (i) be operational not later than June 30, 1997; and
          (ii) capture data beginning on the first day of the second
        quarter of fiscal year 1997 beginning after such date and
        thereafter.

      (4)(A) The Administrator shall establish a small business
    computer security and education program to - 
        (i) provide small business concerns information regarding - 
          (I) utilization and management of computer technology;
          (II) computer crimes committed against small business
        concerns; and
          (III) security for computers owned or utilized by small
        business concerns;

        (ii) provide for periodic forums for small business concerns to
      improve their knowledge of the matters described in clause (i);
      and
        (iii) provide training opportunities to educate small business
      users on computer security techniques.

      (B) The Administrator, after consultation with the Director of
    the Institute of Computer Sciences and Technology within the
    Department of Commerce, shall develop information and materials to
    carry out the activities described in subparagraph (A) of this
    paragraph.
    (c) Revolving funds; disaster loan fund; business loan and
      investment fund; payments into funds; appropriations; reports to
      Congress; business-type budgets; borrowing authority: terms and
      conditions of notes, interest rate, public debt transactions;
      payments into miscellaneous receipts; authorization of
      appropriations for losses and interest subsidies
      (1) There are established in the Treasury the following revolving
    funds: (A) a disaster loan fund which shall be available for
    financing functions performed under sections 634(e), 636(b)(1),
    636(b)(2), 636(b)(3), 636(b)(4), 636(c)(2), and 636(m) of this
    title; and (B) a business loan and investment fund which shall be
    available for financing functions performed under sections 634(g),
    636(a) and 637(a) of this title, and titles III, IV and V of the
    Small Business Investment Act of 1958 [15 U.S.C. 681 et seq., 692
    et seq., 695 et seq.].
      (2) All repayments of loans and debentures, payments of interest
    and other receipts arising out of transactions heretofore or
    hereafter entered into by the Administration (A) pursuant to
    sections 634(e), 636(b)(1), 636(b)(2), 636(b)(3), 636(b)(4),
    636(b)(5), 636(b)(6), 636(b)(7), 636(b)(8), 636(c)(2), and 636(g)
    of this title, shall be paid into a disaster loan fund; and (B)
    pursuant to sections 634(g), 636(a), 636(e),(!1) 636(h), 636(i),
    636(l),(!1) 636(m), and 637(a) of this title, and titles III, IV
    and V of the Small Business Investment Act of 1958 [15 U.S.C. 681
    et seq., 692 et seq., 695 et seq.], shall be paid into the business
    loan and investment fund.

      (3) Unexpended balances of appropriations made to the fund
    pursuant to this subsection, as in effect immediately prior to the
    effective date of this paragraph, shall be allocated, together with
    related assets and liabilities, to the funds established by
    paragraph (1) in such amounts as the Administrator shall determine.
      (4) The Administration shall submit to the Committees on
    Appropriations, Senate Select Committee on Small Business, and the
    Committee on Small Business of the House of Representatives, as
    soon as possible after the beginning of each calendar quarter, a
    full and complete report on the status of each of the funds
    established by paragraph (1). Business-type budgets for each of the
    funds established by paragraph (1) shall be prepared, transmitted
    to the Committees on Appropriations, the Senate Select Committee on
    Small Business, and the Committee on Small Business of the House of
    Representatives, and considered, and enacted in the manner
    prescribed by law (sections 9103 and 9104 of title 31) for wholly
    owned Government corporations.
      (5)(A) The Administration is authorized to make and issue notes
    to the Secretary of the Treasury for the purpose of obtaining funds
    necessary for discharging obligations under the revolving funds
    created by paragraph (1) and for authorized expenditures out of the
    funds. Such notes shall be in such form and denominations and have
    such maturities and be subject to such terms and conditions as may
    be prescribed by the Administration with the approval of the
    Secretary of the Treasury. Such notes shall bear interest at a rate
    fixed by the Secretary of the Treasury, taking into consideration
    the current average market yield of outstanding marketable
    obligations of the United States having maturities comparable to
    the notes issued by the Administration under this paragraph. The
    Secretary of the Treasury is authorized and directed to purchase
    any notes of the Administration issued hereunder, and, for that
    purpose, the Secretary of the Treasury is authorized to use as a
    public debt transaction the proceeds from the sale of any
    securities issued under chapter 31 of title 31, and the purposes
    for which such securities may be issued under such chapter are
    extended to include the purchase of notes issued by the
    Administration. All redemptions, purchases, and sales by the
    Secretary of the Treasury of such notes shall be treated as public
    debt transactions of the United States. All borrowing authority
    contained herein shall be effective only to such extent or in such
    amounts as are provided in advance in appropriation Acts.
      (B)(i) Moneys in the funds established in paragraph (1) not
    needed for current operations may be paid into miscellaneous
    receipts of the Treasury.
      (ii) Following the close of each fiscal year, the Administration
    shall pay into the miscellaneous receipts of the United States
    Treasury the actual interest that the Administration collects
    during that fiscal year on all financings made under this chapter.
      (C) Except on those loan disbursements on which interest is paid
    under paragraph (5)(B)(ii), the Administration shall pay into
    miscellaneous receipts of the Treasury, following the close of each
    fiscal year, interest received by the Administration on financing
    functions performed under this chapter and titles III and V of the
    Small Business Investment Act of 1958 [15 U.S.C. 681 et seq., 695
    et seq.] providing the capital used to perform such functions
    originated from appropriated funds. Such payments shall be treated
    by the Department of the Treasury as interest income, not as
    retirement of indebtedness.
      (D) There are authorized to be appropriated, in any fiscal year,
    such sums as may be necessary for losses and interest subsidies
    incurred by the funds established by paragraph (1), but not
    previously reimbursed.
    (d) Creation and composition of Loan Policy Board; establishment of
      policies
      There is created the Loan Policy Board of the Small Business
    Administration, which shall consist of the following members, all
    ex officio: The Administrator, as Chairman, the Secretary of the
    Treasury, and the Secretary of Commerce. Either of the said
    Secretaries may designate an officer of his Department, who has
    been appointed by the President by and with the advice and consent
    of the Senate, to act in his stead as a member of the Loan Policy
    Board with respect to any matter or matters. The Loan Policy Board
    shall establish general policies (particularly with reference to
    the public interest involved in the granting and denial of
    applications for financial assistance by the Administration and
    with reference to the coordination of the functions of the
    Administration with other activities and policies of the
    Government), which shall govern the granting and denial of
    applications for financial assistance by the Administration.
    (e) Prohibition on provision of assistance
      Notwithstanding any other provision of law, the Administration is
    prohibited from providing any financial or other assistance to any
    business concern or other person engaged in the production or
    distribution of any product or service that has been determined to
    be obscene by a court of competent jurisdiction.
    (f) Certification of compliance with child support obligations
      (1) In general
        For financial assistance approved after the promulgation of
      final regulations to implement this section, each recipient of
      financial assistance under this chapter, including a recipient of
      a direct loan or a loan guarantee, shall certify that the
      recipient is not more than 60 days delinquent under the terms of
      any - 
          (A) administrative order;
          (B) court order; or
          (C) repayment agreement entered into between the recipient
        and the custodial parent or State agency providing child
        support enforcement services,

      that requires the recipient to pay child support, as such term is
      defined in section 662(b) (!1) of title 42.
      (2) Enforcement
        Not later than 6 months after October 22, 1994, the
      Administration shall promulgate such regulations as may be
      necessary to enforce compliance with the requirements of this
      subsection.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[4], July 18, 1958, 72 Stat. 384; Pub. L. 85-
    699, title II, Sec. 202, formerly Sec. 202(a), Aug. 21, 1958, 72
    Stat. 690, renumbered Pub. L. 87-341, Sec. 11(h)(1), Oct. 3, 1961,
    75 Stat. 757; amended Pub. L. 86-367, Sec. 1, Sept. 22, 1959, 73
    Stat. 647; Pub. L. 87-70, title III, Sec. 305(c), June 30, 1961, 75
    Stat. 167; Pub. L. 87-198, Sept. 5, 1961, 75 Stat. 468; Pub. L. 87-
    305, Sec. 3, Sept. 26, 1961, 75 Stat. 666; Pub. L. 87-341, Secs.
    11(h)(3), (4), 12, Oct. 3, 1961, 75 Stat. 757; Pub. L. 87-550, Sec.
    1(a), July 25, 1962, 76 Stat. 220; Pub. L. 89-59, Secs. 1(c), 2,
    June 30, 1965, 79 Stat. 207; Pub. L. 89-78, July 21, 1965, 79 Stat.
    243; Pub. L. 89-117, title III, Sec. 316(d), Aug. 10, 1965, 79
    Stat. 484; Pub. L. 89-334, Nov. 8, 1965, 79 Stat. 1294; Pub. L. 89-
    409, Secs. 1, 2, May 2, 1966, 80 Stat. 132; Pub. L. 89-779, Sec.
    8(a), (b), Nov. 6, 1966, 80 Stat. 1364; Pub. L. 90-104, title I,
    Sec. 102, Oct. 11, 1967, 81 Stat. 268; Pub. L. 90-448, title XVII,
    Sec. 1721, Aug. 1, 1968, 82 Stat. 610; Pub. L. 91-173, title V,
    Sec. 504(c), Dec. 30, 1969, 83 Stat. 802; Pub. L. 91-558, title I,
    Sec. 101, Dec. 17, 1970, 84 Stat. 1468; Pub. L. 91-596, Sec. 28(c),
    Dec. 29, 1970, 84 Stat. 1618; Pub. L. 91-597, Sec. 25(c), Dec. 29,
    1970, 84 Stat. 1634; Pub. L. 92-16, May 18, 1971, 85 Stat. 39; Pub.
    L. 92-320, Sec. 1, June 27, 1972, 86 Stat. 382; Pub. L. 92-385,
    Sec. 2(b), Aug. 16, 1972, 86 Stat. 556; Pub. L. 92-500, Sec. 8(b),
    Oct. 18, 1972, 86 Stat. 899; Pub. L. 92-595, Sec. 3(a), Oct. 27,
    1972, 86 Stat. 1316; Pub. L. 93-237, Secs. 1, 3(b), 8, Jan. 2,
    1974, 87 Stat. 1023-1025; Pub. L. 93-386, Secs. 2(a)(2), (3), 7,
    Aug. 23, 1974, 88 Stat. 742, 748; Pub. L. 94-273, Sec. 2(5), Apr.
    21, 1976, 90 Stat. 375; Pub. L. 95-14, Secs. 1-3, Mar. 24, 1977, 91
    Stat. 25; Pub. L. 95-89, title I, Sec. 101(a)-(c), title II, Secs.
    201, 202, title III, Sec. 304, title IV, Sec. 401, Aug. 4, 1977, 91
    Stat. 553, 557, 559; Pub. L. 95-315, Sec. 4, July 4, 1978, 92 Stat.
    379; Pub. L. 95-507, title II, Sec. 206, Oct. 24, 1978, 92 Stat.
    1766; Pub. L. 96-302, title I, Sec. 121, title IV, Sec. 401, July
    2, 1980, 94 Stat. 842, 849; Pub. L. 96-481, title I, Sec. 103, Oct.
    21, 1980, 94 Stat. 2321; Pub. L. 97-35, title XIX, Secs. 1908,
    1913(b), 1915, Aug. 13, 1981, 95 Stat. 778, 780; Pub. L. 98-270,
    title III, Sec. 306, Apr. 18, 1984, 98 Stat. 161; Pub. L. 98-352,
    Sec. 5, July 10, 1984, 98 Stat. 331; Pub. L. 98-362, Secs. 3, 4,
    July 16, 1984, 98 Stat. 431, 433; Pub. L. 100-590, title I, Sec.
    111(a), Nov. 3, 1988, 102 Stat. 2995; Pub. L. 100-656, title IV,
    Sec. 401(a), Nov. 15, 1988, 102 Stat. 3873; Pub. L. 101-37, Sec.
    11(a), June 15, 1989, 103 Stat. 73; Pub. L. 101-515, title V, Sec.
    1(a), Nov. 5, 1990, 104 Stat. 2140; Pub. L. 101-574, title II, Sec.
    221(a), Nov. 15, 1990, 104 Stat. 2823; Pub. L. 102-140, title VI,
    Sec. 609(k), Oct. 28, 1991, 105 Stat. 831; Pub. L. 103-403, title
    VI, Secs. 601, 611, 612, Oct. 22, 1994, 108 Stat. 4201, 4204; Pub.
    L. 104-208, div. D, title I, Sec. 102, Sept. 30, 1996, 110 Stat.
    3009-725; Pub. L. 106-50, title II, Sec. 201(a), Aug. 17, 1999, 113
    Stat. 235; Pub. L. 108-447, div. K, title I, Sec. 132(a), (c), Dec.
    8, 2004, 118 Stat. 3452, 3453.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The effective date of this paragraph, referred to in subsec.
    (c)(3), is July 1, 1966, pursuant to Pub. L. 89-409, Sec. 2.
      The Small Business Investment Act of 1958, referred to in
    subsecs. (b)(3)(A) and (c)(1), (2), (5)(C), is Pub. L. 85-699, Aug.
    21, 1958, 72 Stat. 689, as amended. Titles III, IV, and V of the
    Act are classified generally to subchapters III (Sec. 681 et seq.),
    IV (Sec. 692 et seq.), and V (Sec. 695 et seq.) of chapter 14B of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 661 of this title and
    Tables.
      Sections 636(e) and 636(l) of this title, referred to in subsec.
    (c)(2)(B), were amended generally to read "[RESERVED]." by Pub. L.
    104-208, div. D, title I, Sec. 107(b), (d), Sept. 30, 1996, 110
    Stat. 3009-732.
      Section 662 of title 42, referred to in subsec. (f)(1), was
    repealed by Pub. L. 104-193, title III, Sec. 362(b)(1), Aug. 22,
    1996, 110 Stat. 2246.

-COD-
                               CODIFICATION                           
      In subsec. (c)(4), (5)(A), "(sections 9103 and 9104 of title 31)"
    substituted for "(sections 102, 103, and 104 of the Government
    Corporation Control Act (31 U.S.C. 847-849))", and "chapter 31 of
    title 31" and "such chapter" substituted for "the Second Liberty
    Bond Act, as amended" and "such Act, as amended,", respectively, on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 204 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 233, as amended by acts
    Aug. 9, 1955, ch. 628, Sec. 3, 69 Stat. 547; Feb. 2, 1956, ch. 29,
    Sec. 1, 70 Stat. 10; July 31, 1956, ch. 804, title I, Secs. 106(a),
    107(b), 70 Stat. 737; Pub. L. 85-4, Secs. 1, 2, Feb. 11, 1957, 71
    Stat. 1; Pub. L. 85-120, Sec. 1, Aug. 3, 1957, 71 Stat. 341, which
    was previously classified to this section. See Codification note
    set out under section 631 of this title.

                                AMENDMENTS                            
      2004 - Subsecs. (g), (h). Pub. L. 108-447, Sec. 132(a), (c),
    temporarily added subsecs. (g) and (h), which related to gifts and
    co-sponsorship of events, respectively. See Termination Date of
    2004 Amendment note below.
      1999 - Subsec. (b)(1). Pub. L. 106-50 substituted "five Associate
    Administrators" for "four Associate Administrators" in fifth
    sentence and inserted after fifth sentence "One such Associate
    Administrator shall be the Associate Administrator for Veterans
    Business Development, who shall administer the Office of Veterans
    Business Development established under section 657b of this title."
      1996 - Subsec. (b)(3). Pub. L. 104-208 added par. (3).
      1994 - Subsec. (c)(5)(B)(ii). Pub. L. 103-403, Sec. 601, amended
    cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "The Administration shall pay into miscellaneous receipts of the
    Treasury, following the close of each fiscal year, interest on the
    average of loan disbursements outstanding throughout the year
    providing such disbursements are made from amounts appropriated for
    the disaster loan fund after October 1, 1980 or are made from
    repayments of principal of loans made from funds appropriated to
    the disaster loan fund, or from amounts appropriated to the
    business loan and investment fund on or after October 1, 1981 or
    are made from repayments of principal of loans made from funds
    appropriated to the business loan and investment fund and received
    on or after October 1, 1981. This interest shall be calculated
    solely on the amount of loan disbursements net of losses at the
    rate provided under paragraph (5)(A)."
      Subsec. (e). Pub. L. 103-403, Sec. 611, added subsec. (e).
      Subsec. (f). Pub. L. 103-403, Sec. 612, added subsec. (f).
      1991 - Subsec. (c)(1)(A), (2)(B). Pub. L. 102-140 inserted
    reference to section 636(m).
      1990 - Subsec. (b)(1). Pub. L. 101-515 and Pub. L. 101-574
    amended par. (1) identically, substituting "The President also may
    appoint a Deputy Administrator, by and with the advice and consent
    of the Senate. The Administrator is authorized to appoint" for "The
    Administrator is authorized to appoint a Deputy Administrator and".
      1989 - Subsec. (b)(1). Pub. L. 101-37 made technical correction
    to directory language of Pub. L. 100-656, Sec. 401(a), see 1988
    Amendment note below.
      1988 - Subsec. (b)(1). Pub. L. 100-656, Sec. 401(a), as amended
    by Pub. L. 101-37, inserted "who shall be an employee in the
    competitive service or in the Senior Executive Service and a career
    appointee" after "Capital Ownership Development".
      Subsec. (c)(1)(B), (2)(B). Pub. L. 100-590, Sec. 111(a),
    substituted "III, IV" for "III".
      1984 - Subsec. (b)(3). Pub. L. 98-362, Secs. 3, 7(b), added par.
    (3) and provided for future repeal of par. (3). See Effective and
    Termination Dates of 1984 Amendment note below.
      Subsec. (b)(4). Pub. L. 98-362, Sec. 4, added par. (4).
      Subsec. (c)(1)(A). Pub. L. 98-270 inserted reference to section
    636(b)(4).
      Subsec. (c)(1)(B), (2)(B). Pub. L. 98-352 inserted reference to
    section 634(g).
      1981 - Subsec. (c)(1)(A). Pub. L. 97-35, Sec. 1913(b),
    substituted "636(c)(2) of this title" for "636(b)(4), 636(b)(5),
    636(b)(6), 636(b)(7), 636(b)(8), 636(c)(2), and 636(g) of this
    title".
      Subsec. (c)(1)(B). Pub. L. 97-35, Sec. 1908, struck out reference
    to sections 636(e), 636(h), 636(i), and 636(l).
      Subsec. (c)(5)(B)(ii). Pub. L. 97-35, Sec. 1915, substituted "for
    the disaster loan fund after October 1, 1980 or are made from
    repayments of principal of loans made from funds appropriated to
    the disaster loan fund, or from amounts appropriated to the
    business loan and investment fund on or after October 1, 1981 or
    are made from repayments of principal of loans made from funds
    appropriated to the business loan and investment fund and received
    on or after October 1, 1981" for "after October 1, 1980 or are made
    from repayments of principal of loans made from appropriated
    funds".
      1980 - Subsec. (b). Pub. L. 96-302, Sec. 401, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (b)(1). Pub. L. 96-481, which provided for "striking all
    after the phrase 'Capital Ownership Development' through the
    period" and inserting new text in lieu thereof was executed by
    striking all after "Capital Ownership Development" through period
    at end of sentence and not at end of paragraph which resulted in
    substituting provisions that the Associate Administrator for
    Minority Small Business and Capital Ownership Development shall be
    responsible to the Administrator for the formulation and execution
    of the policies and programs under sections 636(j) and 637(a) of
    this title for provisions, that such Administrator shall be
    responsible for the formulation of policy relating to the
    Administration's programs which provide assistance to minority
    small business concerns and in the review of the Administration's
    execution of such programs in light of such policy.
      Subsec. (c)(5). Pub. L. 96-302, Sec. 121, inserted provisions
    other than subpar. (B)(ii) and incorporated partly in subpar. (A)
    and in subpar. (B)(ii) prior par. (5) provisions requiring
    Administration payment of interest on outstanding cash
    disbursements at close of each fiscal year into the miscellaneous
    receipts of the Treasury from par. (1) funds at rates that consider
    current average yields on outstanding interest-bearing marketable
    Federal debt obligations of comparable maturities as calculated for
    the September preceding the fiscal year.
      1978 - Subsec. (b). Pub. L. 95-507 substituted "Associate
    Administrator for Minority Small Business and Capital Ownership
    Development" for "Associate Administrator for Minority Small
    Business".
      Subsec. (c)(1)(B), (2)(B). Pub. L. 95-315 inserted reference to
    section 636(l).
      1977 - Subsec. (c)(1). Pub. L. 95-89, Secs. 101(a), 304, 401(1),
    struck out end text from cls. (A) and (B) reading ", including
    administrative expenses in connection with such functions";
    inserted in cl. (A) reference to section 634(e); and inserted in
    cl. (A) and struck out from cl. (B) reference to section 636(b)(3).
      Subsec. (c)(2). Pub. L. 95-89, Secs. 201, 304, 401(2), inserted
    in cl. (A) reference to section 636(g); inserted in cl. (A)
    reference to section 634(e); and inserted in cl. (A) and struck out
    from cl. (B) reference to section 636(b)(3).
      Subsec. (c)(3). Pub. L. 95-89, Sec. 101(b), struck out last
    sentence authorization of appropriations of capital for the funds
    in amounts necessary to carry out the functions of the
    Administration to remain available until expended.
      Subsec. (c)(4). Pub. L. 95-89, Secs. 101(c), 202, repealed
    provisions of par. (4) which limited the total amount of loans,
    guarantees, and other obligations, to be outstanding at any one
    time: under sections 636(a), (b)(3), (e), (h), (i) and 637(a) of
    this title to $7,400,000,000; under title III of the Small Business
    Investment Act of 1958 to $887,500,000; under title V of the Small
    Business Investment Act of 1958 to $525,000,000; and under section
    636(i) of this title to $525,000,000; redesignated par. (5) as (4)
    and substituted reference to submission of reports to the Senate
    Select Committee on Small Business and the Committee on Small
    Business of the House of Representatives for the prior reference
    the Committees on Banking and Currency of the Senate and House of
    Representatives; substituted reference to transmission of business-
    type budgets to the Committees on Appropriations, the Senate
    Select Committee on Small Business, and the Committee on Small
    Business of the House of Representatives for prior reference to
    such transmission to the Congress; and deleted the second sentence
    providing that if at the close of the preceding calendar quarter
    the aggregate amount outstanding or committed by the Administration
    in carrying out its functions under the sections or titles referred
    to in former par. (4) exceeded 75 per centum of the total amount
    authorized to be outstanding under such sections or titles, the
    Administration's report shall include its recommendations for such
    additional authority as it deems appropriate.
      Pub. L. 95-14 substituted "$7,400,000,000" for "$6,000,000,000",
    "$525,000,000" for "$450,000,000", and "$887,500,000" for
    "$725,000,000".
      Subsec. (c)(5), (6). Pub. L. 95-89, Sec. 202, redesignated pars.
    (5) and (6) as (4) and (5), respectively.
      1976 - Subsec. (c)(6). Pub. L. 94-273 substituted "September" for
    "June".
      1974 - Subsec. (b). Pub. L. 93-386, Sec. 7, in fourth sentence
    increased from three to four the number of Associate Administrators
    authorized to be appointed and inserted fifth sentence authorizing
    one of the Associate Administrators at the time of appointment to
    be designated as Associate Administrator for Minority Small
    Business. As enacted section 7 of Pub. L. 93-386 amended the third
    sentence and inserted a fourth sentence to subsec. (b), however the
    amendment was executed to fourth sentence and the new sentence was
    inserted as a fifth sentence editorially since this would appear to
    be the probable intent of Congress.
      Pub. L. 93-237, Sec. 8, inserted provisions that the
    Administrator shall not discriminate on the basis of sex or marital
    status against any person or small business concern applying for or
    receiving assistance from the Administration and that the
    Administration shall give special consideration to veterans of the
    Armed Forces of the United States and their survivors or dependents
    in carrying out the programs administered by the Administration.
      Subsec. (c)(1). Pub. L. 93-386, Sec. 2(a)(2), inserted references
    to sections 636(b)(8) and 636(i) and struck out reference to title
    IV of the Economic Opportunity Act of 1964.
      Pub. L. 93-237, Sec. 3(b), substituted "636(h)" for "636(g)" in
    cl. (B).
      Subsec. (c)(2). Pub. L. 93-386, Sec. 2(a)(2), inserted references
    to sections 636(b)(8) and 636(i) of this title and struck out
    reference to title IV of the Economic Opportunity Act of 1964.
      Pub. L. 93-237, Sec. 3(b), substituted "636(h)" for "636(g)" in
    cl. (B).
      Subsec. (c)(4). Pub. L. 93-386, Sec. 2(a)(3), in cl. (A)
    substituted "636(i), and 637(a) of this title, shall not exceed
    $6,000,000,000" for "and 637(a) of this title, and title IV of the
    Economic Opportunity Act of 1964, shall not exceed $4,875,000,000",
    in cl. (B) substituted "$725,000,000" for "$556,250,000", and in
    cl. (D) substituted "section 636(i) of this title, shall not exceed
    $450,000,000" for "title IV of the Economic Opportunity Act of 1964
    shall not exceed $381,250,000".
      Pub. L. 93-237, Secs. 1, 3(b), substituted "$4,875,000,000" for
    "$4,300,000,000" and "636(h)" for "636(g)" in cl. (A),
    "$556,250,000" for "$500,000,000" in cl. (B), "$525,000,000" for
    "$500,000,000" in cl. (C) and "$381,250,000" for "$350,000,000" in
    cl. (D).
      1972 - Subsec. (c)(1). Pub. L. 92-595 inserted reference to
    section 636(g).
      Pub. L. 92-500 made disaster loan fund available for financing
    functions performed under section 636(g) of this title.
      Pub. L. 92-385, Sec. 2(b)(1), inserted reference to section
    636(b)(7).
      Subsec. (c)(2). Pub. L. 92-595 inserted reference to section
    636(g).
      Pub. L. 92-385, Sec. 2(b)(2), inserted reference to sections
    636(b)(5), 636(b)(6), 636(b)(7).
      Subsec. (c)(4). Pub. L. 92-595 inserted reference to section
    636(g).
      Pub. L. 92-320 substituted "$4,300,000,000", "$500,000,000", and
    "$350,000,000" for "$3,100,000,000", "$450,000,000" and
    "$300,000,000", respectively.
      1971 - Subsec. (c)(4)(A). Pub. L. 92-16 substituted
    "$3,100,000,000" for "$2,200,000,000".
      1970 - Subsec. (c)(1). Pub. L. 91-597 made disaster loan fund
    available for financing requirements imposed by section 636(b)(5)
    of this title relating to additions and alterations pursuant to the
    Egg Products Inspection Act, etc. See, also, 1969 Amendment note
    hereunder.
      Pub. L. 91-596 made disaster loan fund available for financing
    functions under section 636(b)(6) of this title.
      Subsec. (c)(4). Pub. L. 91-558 substituted "$2,200,000,000" for
    "$1,900,000,000" in cl. (A), "$500,000,000" for "$300,000,000" in
    cl. (C), and "$300,000,000" for "$200,000,000" in cl. (D).
      1969 - Subsec. (c)(1). Pub. L. 91-173 made disaster loan fund
    available for financing functions under section 636(b)(5) of this
    title, relating to loans to coal mine operators.
      1968 - Subsec. (a). Pub. L. 90-448 inserted "the Trust Territory
    of the Pacific Islands,".
      1967 - Subsec. (c)(4). Pub. L. 90-104, Sec. 102(1)-(4),
    substituted $1,900,000,000 for $1,400,000,000 in cl. (A),
    $450,000,000 for $400,000,000 in cl. (B), $300,000,000 for
    $200,000,000 in cl. (C), and $200,000,000 for $100,000,000 in cl.
    (D).
      1966 - Subsec. (b). Pub. L. 89-779 substituted "a Deputy
    Administrator and three Associate Administrators (including the
    Associate Administrator specified in section 671 of this title)"
    for "three Deputy Administrators" as the officers to be appointed
    by the Administrator to assist in the execution of the functions
    vested in the Administration, and inserted provision that the
    Deputy Administrator shall be acting Administrator of the
    Administration during the absence or disability of the
    Administrator or in the event of a vacancy in the office of the
    Administrator.
      Subsec. (c). Pub. L. 89-409, Sec. 1, increased by $125 million
    the appropriation authorization for the single SBA fund from $1,841
    million to $1,966 million and the authorization for outstanding
    loans and commitments for regular business loans, disaster loans,
    and prime contract authority from $1,375 million to $1,500 million.
      Pub. L. 89-409, Sec. 2, provided for a disaster loan fund and
    business loan and investment fund in place of one prior SBA fund,
    incorporated existing provisions in par. (2), provided for
    allocation of unexpended balances of appropriations for prior
    single fund and for an appropriation authorization in par. (3),
    removed disaster loans from any limitation, provided limitations in
    par. (4) of $1,400 million for regular business loans, displaced
    business disaster loans, trade adjustment loans, prime contract
    authority, and loans under title IV of the Economic Opportunity Act
    of 1964, $400 million for small business investment companies, $200
    million for loans to State and local development companies, $100
    million for loans under title IV of the Economic Opportunity Act of
    1964, incorporated existing reporting provisions in par. (4),
    including additional requirement of inclusion of recommendations
    whenever 75 percent of any ceiling in outstanding obligations is
    exceeded, required establishment of business-type loans, and
    incorporated existing provisions in par. (6).
      1965 - Subsec. (c). Pub. L. 89-334 substituted "$1,841,000,000"
    for "$1,721,000,000".
      Pub. L. 89-117 substituted "$1,721,000,000" for "$1,716,000,000"
    and inserted proviso that the limitation imposed by fifth sentence
    concerning the maximum aggregate permitted to be outstanding from
    the fund for functions under the Small Business Investment Act of
    1958 be inapplicable to functions under title IV thereof.
      Pub. L. 89-78 increased from $341,000,000 to $461,000,000 the
    limit on the aggregate permissible amount outstanding from the fund
    at any time for the exercise of the functions of the Administration
    under the Small Business Investment Act of 1958.
      Pub. L. 89-59 inserted references to section 636(c)(2) in first
    sentence and in fourth sentence, where first appearing and in cl.
    (2) thereof, and increased the authorized appropriations to the
    revolving fund from $1,666,000,000 to $1,716,000,000 and the
    aggregate amount outstanding at any one time for regular business
    loans, disaster loans, and prime contract authority from
    $1,325,000,000 to $1,375,000,000.
      1962 - Subsec. (c). Pub. L. 87-550 increased the authorized
    appropriations to the revolving fund from $1,200,000,000 to
    $1,666,000,000, and the aggregate amount outstanding for purposes
    of sections 636(a), 636(b), and 637(a) of this title from
    $875,000,000 to $1,325,000,000, and for functions under the Small
    Business Investment Act of 1958 from $325,000,000 to $341,000,000
    directed that appropriations to the revolving fund shall remain
    available until expended, required all repayments of loans and
    debentures, payments of interest, and other receipts arising out of
    transactions financed from the fund to be paid into the fund, and a
    report to Congressional committees whenever the aggregate amount
    outstanding for the purposes of sections 636(a) and 637(a) of this
    title exceeds $1,222,000,000, or for the purpose of section 636(b)
    of this title exceeds $103,000,000, changed the method of computing
    interest paid into miscellaneous receipts by substituting
    provisions requiring payment, following the close of each fiscal
    year, of interest on the outstanding cash disbursements from the
    fund, at rates determined by the Secretary of the Treasury, taking
    into consideration the current average yields on outstanding
    interest-bearing marketable public debt obligations of the United
    States of comparable maturities as calculated for the month of June
    preceding such fiscal year, for provisions which required payment
    of interest, at the close of each fiscal year, on the net amount of
    cash disbursements from advances at a rate determined by the
    Secretary of the Treasury, taking into consideration the current
    average rate on outstanding interest-bearing marketable public debt
    obligations of the United States of comparable maturities, and
    eliminated provisions which authorized advances from the revolving
    fund when requested by the Administration.
      1961 - Subsec. (c). Pub. L. 87-341, among other changes,
    substituted "$1,200,000,000" for "$1,125,000,000" wherever
    appearing, and "$325,000,000" for "$250,000,000".
      Pub. L. 87-305 substituted "$1,125,000,000" for "$1,020,000,000"
    wherever appearing, and "$725,000,000" for "$595,000,000".
      Pub. L. 87-198 substituted "$1,020,000,000" for "$1,000,000,000"
    wherever appearing, and "$595,000,000" for "$575,000,000".
      Pub. L. 87-70 substituted "$1,000,000,000" for "$975,000,000"
    wherever appearing, and "$150,000,000" for "$125,000,000".
      1959 - Subsec. (c). Pub. L. 86-367 substituted "$975,000,000" for
    "$900,000,000" wherever appearing, and "$575,000,000" for
    "$500,000,000".
      1958 - Subsec. (c). Pub. L. 85-699 substituted "$900,000,000" for
    "$650,000,000" wherever appearing, and inserted provisions
    authorizing the revolving fund to be used in the exercise of the
    functions of the Administration under the Small Business Investment
    Act of 1958, and providing that not more than an aggregate of
    $250,000,000 shall be outstanding at any one time for the exercise
    of the functions under the Small Business Investment Act of 1958.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
    Previously, Select Committee on Small Business of Senate became
    Committee on Small Business of Senate. See Senate Resolution No.
    101, Ninety-Seventh Congress, Mar. 25, 1981.


-MISC2-
                    TERMINATION DATE OF 2004 AMENDMENT                
      Pub. L. 108-447, div. K, title I, Sec. 132(c), Dec. 8, 2004, 118
    Stat. 3453, provided that: "The amendments made by this section
    [amending this section and section 637 of this title] are repealed
    on October 1, 2006."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 3 of div. D of Pub. L. 104-208 provided that: "Except as
    otherwise expressly provided, this Act [probably should be
    "division", see Short Title of 1996 Amendment note set out under
    section 631 of this title] and the amendments made by this Act
    shall take effect on October 1, 1996."

                     EFFECTIVE DATE OF 1990 AMENDMENTS                 
      Section 221(b) of Pub. L. 101-574 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to any
    vacancy in the position of Deputy Administrator of the Small
    Business Administration after the date of the enactment of this Act
    [Nov. 15, 1990]."
      Section 1(b) of Pub. L. 101-515 provided that: "The provisions of
    subsection (a) of this section [amending this section] shall apply
    to any vacancy in the position of Deputy Administrator of the Small
    Business Administration after the effective date of this Act [Nov.
    5, 1990]."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-37 applicable as if included in Pub. L.
    100-656, see section 32 of Pub. L. 101-37, set out as a note under
    section 631 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-656 effective Aug. 15, 1989, see section
    803(b)(1)(C) of Pub. L. 100-656, as amended, set out as a note
    under section 631 of this title.

            EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENTS        
      Section 7 of Pub. L. 98-362, as amended by Pub. L. 100-590, title
    I, Sec. 131(a), Nov. 3, 1988, 102 Stat. 3004; Pub. L. 101-515,
    title V, Sec. 11, Nov. 5, 1990, 104 Stat. 2145; Pub. L. 101-574,
    title II, Sec. 212, Nov. 15, 1990, 104 Stat. 2821; Pub. L. 102-140,
    title VI, Sec. 609(g), Oct. 28, 1991, 105 Stat. 826; Pub. L. 102-
    366, title II, Sec. 225, Sept. 4, 1992, 106 Stat. 1001; Pub. L.
    103-403, title IV, Sec. 401(b), Oct. 22, 1994, 108 Stat. 4190,
    provided that:
      "(a) This Act [amending this section and sections 632 and 637 of
    this title and enacting provisions set out as notes under this
    section and sections 631 and 637 of this title] shall take effect
    on October 1, 1984.
      "(b) The amendments made to section 4(b)(3) of the Small Business
    Act [15 U.S.C. 633(b)(3)] by section 3 of this Act are repealed on
    October 1, 1988. The amendments made to section 8(b)(1)(A) of the
    Small Business Act [15 U.S.C. 637(b)(1)(A)] by section 5(a)(2) of
    this Act are repealed on October 1, 1994. Nothing in this section
    shall preclude the Administrator from continuing such committee
    under the authority of section 8(b)(3) of the Small Business Act
    and the Federal Advisory Committee Act [5 U.S.C. App.]."
      [Section 401(b) of Pub. L. 103-403, which directed that section
    7(b) of Pub. L. 98-362, set out above, be amended in the second
    sentence by striking out "and the amendments made to section
    8(b)(1)(A) of the Small Business Act by section 5(a)(2) of this Act
    are" and inserting "is", could not be executed, because the
    language sought to be struck out begins with "The amendments" and
    not "and the amendments", and because the amendment would result in
    an incomplete sentence.]
      Amendment by Pub. L. 98-270 effective Oct. 1, 1983, see section
    313 of Pub. L. 98-270, set out as an Effective Date of 1984
    Amendments note under section 632 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by sections 1908 and 1913(b) of Pub. L. 97-35 effective
    Oct. 1, 1981, and amendment by section 1915 of Pub. L. 97-35
    effective Aug. 13, 1981, but not to affect any financing made,
    obligated, or committed under this chapter or chapter 14B of this
    title prior to Aug. 13, 1981, see section 1918 of Pub. L. 97-35,
    set out as a note under section 631 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Section 106 of Pub. L. 95-89 provided that: "This title [amending
    this section, sections 636, 694, 694-2, and 694c of this title, and
    provisions set out as a note under section 631 of this title] shall
    become effective on October 1, 1977."

                     EFFECTIVE DATE OF 1970 AMENDMENTS                 
      For effective date of amendment by Pub. L. 91-597, see section 29
    of Pub. L. 91-597, set out as a note under section 1031 of Title
    21, Food and Drugs.
      Amendment by Pub. L. 91-596 effective 120 days after Dec. 29,
    1970, see section 34 of Pub. L. 91-596, set out as a note under
    section 651 of Title 29, Labor.

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Section 2 of Pub. L. 89-408 provided that the amendment made by
    that section is effective July 1, 1966.


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

                           TRANSFER OF FUNCTIONS                       
      Functions, powers, and duties of Office of Audits and
    Investigations in Small Business Administration transferred to
    Office of Inspector General in Small Business Administration, as
    established by Pub. L. 95-452, Sec. 2, Oct. 12, 1978, 92 Stat.
    1101, set out in the Appendix to Title 5, Government Organization
    and Employees. See section 9(a)(1)(T) of Pub. L. 95-452 set out in
    the Appendix to Title 5.
      Loan Policy Board, provided for in subsec. (d) of this section,
    abolished and functions, including functions of chairman and other
    officers, transferred to Administrator of Small Business
    Administration by sections 11(b) and 13(a) of Reorg. Plan No. 4 of
    1965, eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in
    the Appendix to Title 5.


-MISC3-
                           ADMINISTRATOR'S ORDER                       
      Pub. L. 106-50, title VII, Sec. 701, Aug. 17, 1999, 113 Stat.
    249, provided that: "The Administrator of the Small Business
    Administration shall strengthen and reissue the Administrator's
    order regarding the third sentence of section 4(b)(1) of the Small
    Business Act (15 U.S.C. 633(b)(1)), relating to nondiscrimination
    and special considerations for veterans, and take all necessary
    steps to ensure that its provisions are fully and vigorously
    implemented."

             COMPLETION OF PLANNING FOR LOAN MONITORING SYSTEM         
      Pub. L. 105-135, title II, Sec. 233, Dec. 2, 1997, 111 Stat.
    2607, provided that:
      "(a) In General. - The Administrator shall perform and complete
    the planning needed to serve as the basis for funding the
    development and implementation of the computerized loan monitoring
    system, including - 
        "(1) fully defining the system requirement using on-line,
      automated capabilities to the extent feasible;
        "(2) identifying all data inputs and outputs necessary for
      timely report generation;
        "(3) benchmark loan monitoring business processes and systems
      against comparable industry processes and, if appropriate,
      simplify or redefine work processes based on these benchmarks;
        "(4) determine data quality standards and control systems for
      ensuring information accuracy;
        "(5) identify an acquisition strategy and work increments to
      completion;
        "(6) analyze the benefits and costs of alternatives and use to
      demonstrate the advantage of the final project;
        "(7) ensure that the proposed information system is consistent
      with the agency's information architecture; and
        "(8) estimate the cost to system completion, identifying the
      essential cost element.
      "(b) Report. - 
        "(1) In general. - On the date that is 6 months after the date
      of enactment of this Act [Dec. 2, 1997], the Administrator shall
      submit a report on the progress of the Administrator in carrying
      out subsection (a) to - 
          "(A) the Committees; and
          "(B) the Comptroller General of the United States.
        "(2) Evaluation. - Not later than 28 days after receipt of the
      report under paragraph (1)(B), the Comptroller General of the
      United States shall - 
          "(A) prepare a written evaluation of the report for
        compliance with subsection (a); and
          "(B) submit the evaluation to the Committees.
        "(3) Limitation. - None of the funds provided for the purchase
      of the loan monitoring system may be obligated or expended until
      45 days after the date on which the Committees and the
      Comptroller General of the United States receive the report under
      paragraph (1)."

      ASSOCIATE ADMINISTRATOR FOR MINORITY SMALL BUSINESS AND CAPITAL
                           OWNERSHIP DEVELOPMENT
      Section 401(b) of Pub. L. 100-656, as amended by Pub. L. 101-37,
    Sec. 11(b), June 15, 1989, 103 Stat. 73, provided that: "The
    position of Associate Administrator for Minority Small Business and
    Capital Ownership Development referred to in paragraph (1) of
    section 4(b) of the Small Business Act [15 U.S.C. 633(b)(1)] shall
    be a career reserved position."

                           AVAILABILITY OF FUNDS                       
      Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 396, provided
    in part that: "hereafter, notwithstanding any law, rule or
    regulation, moneys in any fund established by the Small Business
    Act [15 U.S.C. 631 et seq.] which are not needed for current
    operations shall remain in such funds and shall be available solely
    to carry out the provisions and purposes of programs operated from
    such funds pursuant to law as provided in appropriations Acts."

                   FINDING AND PURPOSE OF 1984 AMENDMENT               
      Section 2 of Pub. L. 98-362 provided that:
      "(a) The Congress hereby finds that - 
        "(1) there is increased dependency on, and proliferation of,
      information technology (including computers, data networks, and
      other communication devices) in the small business community;
        "(2) such technology has permitted an increase in criminal
      activity against small business;
        "(3) small businesses in particular frequently lack the
      education and awareness of computer security techniques and
      technologies which would enable them to protect their computer
      systems from unauthorized access and the manipulation or
      destruction of their computer hardware, software, and stored
      data;
        "(4) profitmaking organizations have substantial expertise in
      computer technology, communications, and management assistance
      that is not otherwise available; and
        "(5) the use of this expertise in the Small Business
      Administration's training delivery system would improve
      substantially the quantity and quality of the agency's management
      assistance programs.
      "(b) The purposes of this Act [amending this section and sections
    632 and 637 of this title and enacting provisions set out as notes
    under this section and sections 631 and 637 of this title] are - 
        "(1) to improve the management by small businesses of their
      information technology,
        "(2) to educate and encourage small businesses to protect such
      technology from intentional or unintentional manipulation or
      destruction; and
        "(3) to permit cooperation with profitmaking organizations in
      providing management assistance to small business."

           AUDIT BY GENERAL ACCOUNTING OFFICE OF SMALL BUSINESS
                    ADMINISTRATION; REPORT TO CONGRESS
      Section 13 of Pub. L. 93-386 directed General Accounting Office
    to conduct a full-scale audit of Small Business Administration,
    including all field offices and to submit audit to House and Senate
    not later than six months from Aug. 23, 1974.

         NONAVAILABILITY OF UNOBLIGATED FUNDS AFTER JUNE 30, 1974     
      Section 1 of Pub. L. 93-237 provided in part that any additional
    amounts authorized by Pub. L. 93-237 [amending this section,
    sections 636 and 639 of this title, section 1961 of Title 7,
    Agriculture, and section 3142-1 of Title 42, The Public Health and
    Welfare, and enacting provisions set out as notes under this
    section, section 636 of this title, and sections 1961 and 1969 of
    Title 7] which were not obligated by June 30, 1974, were no longer
    to be available after that date.

                   ADDITIONAL CAPITAL FOR REVOLVING FUND               
      The following acts appropriated additional capital:
      1965 - $76,000,000 - Pub. L. 89-309, ch. IX, Oct. 31, 1965, 79
    Stat. 1151.
      $84,000,000 - Pub. L. 89-309, ch. IX, Oct. 31, 1965, 79 Stat.
    1151 [effective only upon enactment into law of authorizing
    legislation].
      $150,000,000 - Pub. L. 89-164, title V, Sept. 2, 1965, 79 Stat.
    641.
      $100,000,000 - Pub. L. 89-16, title I, ch. IX, Apr. 30, 1965, 79
    Stat. 92.
      1964 - $45,000,000 - Pub. L. 88-635, ch. IX, Oct. 7, 1964, 78
    Stat. 1032.
      1963 - $90,000,000 - Pub. L. 88-245, title V, Dec. 30, 1963, 77
    Stat. 798.
      1962 - $300,000,000 - Pub. L. 87-843, title V, Oct. 18, 1962, 76
    Stat. 1102.
      $40,000,000 - Pub. L. 87-545, title I, July 25, 1962, 76 Stat.
    213.
      1961 - $160,000,000 - Pub. L. 87-332, Sept. 30, 1961, 75 Stat.
    742.
      $20,000,000 - Pub. L. 87-125, title IV, Aug. 3, 1961, 75 Stat.
    281.
      1960 - $50,000,000 - Pub. L. 86-451, title III, May 13, 1960, 74
    Stat. 102.
      1959 - $150,000,000 - Pub. L. 86-88, title III, July 13, 1959, 73
    Stat. 209.
      1958 - $200,000,000 - Pub. L. 85-766, ch. II, Aug. 27, 1958, 72
    Stat. 867.
      $20,000,000 - Pub. L. 85-457, June 13, 1958, 72 Stat. 186.
      1957 - $100,000,000 - Pub. L. 85-170, ch. II, Aug. 28, 1957, 71
    Stat. 428.
      $45,000,000 - Pub. L. 85-19, ch. I, Apr. 20, 1957, 71 Stat. 16.
      1956 - $50,000,000 - Act June 20, 1956, ch. 415, title III, 70
    Stat. 325.

    BUSINESS LOAN AND INVESTMENT FUND; INCREASE IN FINANCING FUNCTIONS;
                        MONTHLY REPORTS TO CONGRESS
      Pub. L. 91-151, title III, Dec. 23, 1969, 83 Stat. 378, provided
    that: "The Small Business Administration shall promptly increase
    the level of its financing functions utilizing the business loan
    and investment fund established under section 4(c)(1)(B) of the
    Small Business Act (15 U.S.C. 633(c)(1)(B)) [subsec. (c)(1)(B) of
    this section] by $70,000,000 above the level prevailing at the time
    of enactment of this Act [Dec. 23, 1969]. The Small Business
    Administration shall submit to Congress a monthly report of its
    implementation of this section."

               TRANSFER OF FUNDS FOR TRADE ADJUSTMENT LOANS           
      Section 3(b) of Pub. L. 89-409 provided in part that any
    unexpended balances of appropriations heretofore appropriated for
    the purposes of such section [former section 637a of this title]
    were transferred to the business loan and investment fund
    established by section 4(c)(1) of the Small Business Act [subsec.
    (c)(1) of this section].
      Such transfer of funds as effective July 1, 1966, see section
    3(c) of Pub. L. 89-409, set out as Effective Date of 1966 Amendment
    note under section 636 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 634                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634. General powers

-STATUTE-
    (a) Seal; appointment and compensation of personnel; use of other
      services and facilities
      The Administration shall have power to adopt, alter, and use a
    seal, which shall be judicially noticed. The Administrator is
    authorized, subject to the civil service and classification laws,
    to select, employ, appoint, and fix the compensation of such
    officers, employees, attorneys, and agents as shall be necessary to
    carry out the provisions of this chapter; to define their authority
    and duties; and to pay the costs of qualification of certain of
    them as notaries public. The Administration, with the consent of
    any board, commission, independent establishment, or executive
    department of the Government, may avail itself on a reimbursable or
    nonreimbursable basis of the use of information, services,
    facilities (including any field service thereof), officers, and
    employees thereof, in carrying out the provisions of this chapter.
    (b) Powers of Administrator
      In the performance of, and with respect to, the functions,
    powers, and duties vested in him by this chapter the Administrator
    may - 
        (1) sue and be sued in any court of record of a State having
      general jurisdiction, or in any United States district court, and
      jurisdiction is conferred upon such district court to determine
      such controversies without regard to the amount in controversy;
      but no attachment, injunction, garnishment, or other similar
      process, mesne or final, shall be issued against the
      Administrator or his property;
        (2) under regulations prescribed by him, assign or sell at
      public or private sale, or otherwise dispose of for cash or
      credit, in his discretion and upon such terms and conditions and
      for such consideration as the Administrator shall determine to be
      reasonable, any evidence of debt, contract, claim, personal
      property, or security assigned to or held by him in connection
      with the payment of loans granted under this chapter, and to
      collect or compromise all obligations assigned to or held by him
      and all legal or equitable rights accruing to him in connection
      with the payment of such loans until such time as such
      obligations may be referred to the Attorney General for suit or
      collection;
        (3) deal with, complete, renovate, improve, modernize, insure,
      or rent, or sell for cash or credit upon such terms and
      conditions and for such consideration as the Administrator shall
      determine to be reasonable, any real property conveyed to or
      otherwise acquired by him in connection with the payment of loans
      granted under this chapter;
        (4) pursue to final collection, by way of compromise or
      otherwise, all claims against third parties assigned to the
      Administrator in connection with loans made by him. This shall
      include authority to obtain deficiency judgments or otherwise in
      the case of mortgages assigned to the Administrator. Section 5 of
      title 41 shall not be construed to apply to any contract of
      hazard insurance or to any purchase or contract for services or
      supplies on account of property obtained by the Administrator as
      a result of loans made under this chapter if the premium therefor
      or the amount thereof does not exceed $1,000. The power to convey
      and to execute in the name of the Administrator deeds of
      conveyance, deeds of release, assignments and satisfactions of
      mortgages, and any other written instrument relating to real
      property or any interest therein acquired by the Administrator
      pursuant to the provisions of this chapter may be exercised by
      the Administrator or by any officer or agent appointed by him
      without the execution of any express delegation of power or power
      of attorney. Nothing in this section shall be construed to
      prevent the Administrator from delegating such power by order or
      by power of attorney, in his discretion, to any officer or agent
      he may appoint;
        (5) acquire, in any lawful manner, any property (real,
      personal, or mixed, tangible or intangible), whenever deemed
      necessary or appropriate to the conduct of the activities
      authorized in sections 636(a) and 636(b) of this title;
        (6) make such rules and regulations as he deems necessary to
      carry out the authority vested in him by or pursuant to this
      chapter;
        (7) in addition to any powers, functions, privileges and
      immunities otherwise vested in him, take any and all actions
      (including the procurement of the services of attorneys by
      contract in any office where an attorney or attorneys are not or
      cannot be economically employed full time to render such
      services) when he determines such actions are necessary or
      desirable in making, servicing, compromising, modifying,
      liquidating, or otherwise dealing with or realizing on loans made
      under the provisions of this chapter: Provided, That with respect
      to deferred participation loans, the Administrator may, in the
      discretion of and pursuant to regulations promulgated by the
      Administrator, authorize participating lending institutions to
      take actions relating to loan servicing on behalf of the
      Administrator, including determining eligibility and
      creditworthiness and loan monitoring, collection, and
      liquidation;
        (8) pay the transportation expenses and per diem in lieu of
      subsistence expenses, in accordance with subchapter I of chapter
      57 of title 5, for travel of any person employed by the
      Administration to render temporary services not in excess of six
      months in connection with any disaster referred to in section
      636(b) of this title from place of appointment to, and while at,
      the disaster area and any other temporary posts of duty and
      return upon completion of the assignment: Provided, That the
      Administrator may extend the six-month limitation for an
      additional six months if the Administrator determines the
      extension is necessary to continue efficient disaster loan making
      activities;
        (9) accept the services and facilities of Federal, State, and
      local agencies and groups, both public and private, and utilize
      such gratuitous services and facilities as may, from time to
      time, be necessary, to further the objectives of section 636(b)
      of this title;
        (10) upon purchase by the Administration of any deferred
      participation entered into under section 636 of this title,
      continue to charge a rate of interest not to exceed that
      initially charged by the participating institution on the amount
      so purchased for the remaining term of the indebtedness;
        (11) make such investigations as he deems necessary to
      determine whether a recipient of or participant in any assistance
      under this chapter or any other person has engaged or is about to
      engage in any acts or practices which constitute or will
      constitute a violation of any provision of this chapter, or of
      any rule or regulation under this chapter, or of any order issued
      under this chapter. The Administration shall permit any person to
      file with it a statement in writing, under oath or otherwise as
      the Administration shall determine, as to all the facts and
      circumstances concerning the matter to be investigated. For the
      purpose of any investigation, the Administration is empowered to
      administer oaths and affirmations, subpena witnesses, compel
      their attendance, take evidence, and require the production of
      any books, papers, and documents which are relevant to the
      inquiry. Such attendance of witnesses and the production of any
      such records may be required from any place in the United States.
      In case of contumacy by, or refusal to obey a subpena issued to,
      any person, including a recipient or participant, the
      Administration may invoke the aid of any court of the United
      States within the jurisdiction of which such investigation or
      proceeding is carried on, or where such person resides or carries
      on business, in requiring the attendance and testimony of
      witnesses and the production of books, papers, and documents; and
      such court may issue an order requiring such person to appear
      before the Administration, there to produce records, if so
      ordered, or to give testimony touching the matter under
      investigation. Any failure to obey such order of the court may be
      punished by such court as a contempt thereof. All process in any
      such case may be served in the judicial district whereof such
      person is an inhabitant or wherever he may be found;
        (12) impose, retain, and use only those fees which are
      specifically authorized by law or which are in effect on
      September 30, 1994, and in the amounts and at the rates in effect
      on such date, except that the Administrator may, subject to
      approval in appropriations Acts, impose, retain, and utilize,
      additional fees - 
          (A) not to exceed $100 for each loan servicing action (other
        than a loan assumption) requested after disbursement of the
        loan, including any substitution of collateral, release or
        substitution of a guarantor, reamortization, or similar action;
          (B) not to exceed $300 for loan assumptions;
          (C) not to exceed 1 percent of the amount of requested
        financings under title III of the Small Business Investment Act
        of 1958 [15 U.S.C. 681 et seq.] for which the applicant
        requests a commitment from the Administration for funding
        during the following year; and
          (D) to recover the direct, incremental cost involved in the
        production and dissemination of compilations of information
        produced by the Administration under the authority of this
        chapter and the Small Business Investment Act of 1958 [15
        U.S.C. 661 et seq.];

        (13) collect, retain and utilize, subject to approval in
      appropriations Acts, any amounts collected by fiscal transfer
      agents and not used by such agent as payment of the cost of loan
      pooling or debenture servicing operations, except that amounts
      collected under this paragraph and paragraph (12) shall be
      utilized solely to facilitate the administration of the program
      that generated the excess amounts; and
        (14) require any lender authorized to make loans under section
      636 of this title to pay examination and review fees, which shall
      be deposited in the account for salaries and expenses of the
      Administration, and shall be available for the costs of
      examinations, reviews, and other lender oversight activities.
    (c) Procurement of experts and consultants; compensation and
      expenses
      To such extent as he finds necessary to carry out the provisions
    of this chapter, the Administrator is authorized to procure the
    temporary (not in excess of one year) or intermittent services of
    experts or consultants or organizations thereof, including
    stenographic reporting services, by contract or appointment, and in
    such cases such services shall be without regard to the civil-
    service and classification laws and, except in the case of
    stenographic reporting services by organizations, without regard to
    section 5 of title 41. Any individual so employed may be
    compensated at a rate not in excess of the daily equivalent of the
    highest rate payable under section 5332 of title 5, including
    travel time, and, while such individual is away from his or her
    home or regular place of business, he or she may be allowed travel
    expenses (including per diem in lieu of subsistence) as authorized
    by section 5703 of title 5.
    (d) Safety deposit box rentals
      Section 3324(a) and (b) of title 31 shall not apply to
    prepayments of rentals made by the Administration on safety deposit
    boxes used by the Administration for the safeguarding of
    instruments held as security for loans or for the safeguarding of
    other documents.
    (e) Undertaking or suspension of payment obligation; period;
      extension of maturity; repayment agreement; "required payments"
      defined
      (1) Subject to the requirements and conditions contained in this
    subsection, upon application by a small business concern which is
    the recipient of a loan made under this chapter, the Administration
    may undertake the small business concern's obligation to make the
    required payments under such loan or may suspend such obligation if
    the loan was a direct loan made by the Administration. While such
    payments are being made by the Administration pursuant to the
    undertaking of such obligation or while such obligation is
    suspended, no such payment with respect to the loan may be required
    from the small business concern.
      (2) The Administration may undertake or suspend for a period of
    not to exceed 5 years any small business concern's obligation under
    this subsection only if - 
        (A) without such undertaking or suspension of the obligation,
      the small business concern would, in the sole discretion of the
      Administration, become insolvent or remain insolvent;
        (B) with the undertaking or suspension of the obligation, the
      small business concern would, in the sole discretion of the
      Administration, become or remain a viable small business entity;
      and
        (C) the small business concern executes an agreement in writing
      satisfactory to the Administration as provided by paragraph (4).

      (3) Notwithstanding the provisions of sections 636(a)(4)(C) and
    636(i)(1) of this title, the Administration may extend the maturity
    of any loan on which the Administration undertakes or suspends the
    obligation pursuant to this subsection for a corresponding period
    of time.
      (4)(A) Prior to the undertaking or suspension by the
    Administration of any small business concern's obligation under
    this subsection, the Administration, consistent with the purposes
    sought to be achieved herein, shall require the small business
    concern to agree in writing to repay to it the aggregate amount of
    the payments which were required under the loan during the period
    for which such obligation was undertaken or suspended, either - 
        (i) by periodic payments not less in amount or less frequently
      falling due than those which were due under the loan during such
      period, or
        (ii) pursuant to a repayment schedule agreed upon by the
      Administration and the small business concern, or
        (iii) by a combination of the payments described in clause (i)
      and clause (ii).

      (B) In addition to requiring the small business concern to
    execute the agreement described in subparagraph (A), the
    Administration shall, prior to the undertaking or suspension of the
    obligation, take such action, and require the small business
    concern to take such action as the Administration deems appropriate
    in the circumstances, including the provision of such security as
    the Administration deems necessary or appropriate to insure that
    the rights and interests of the lender (Small Business
    Administration or participant) will be safeguarded adequately
    during and after the period in which such obligation is so
    undertaken or suspended.
      (5) The term "required payments" with respect to any loan means
    payments of principal and interest under the loan.
    (f) Sale of guaranteed portion of loans by lender or subsequent
      holder; limitations; secondary market
      (1) The guaranteed portion of any loan made pursuant to this
    chapter may be sold by the lender, and by any subsequent holder,
    consistent with regulations on such sales as the Administration
    shall establish, subject to the following limitations:
        (A) prior to the Administration's approval of the sale, or upon
      any subsequent resale, of any loan guaranteed by the
      Administration, if the lender certifies that such loan has been
      properly closed and that the lender has substantially complied
      with the provisions of the guarantee agreement and the
      regulations of the Administration, the Administration shall
      review and approve only materials not previously approved;
        (B) all fees due the Administration on a guaranteed loan shall
      have been paid in full prior to any sale; and
        (C) each loan, except each loan made under section 636(a)(14)
      of this title, shall have been fully disbursed to the borrower
      prior to any sale.

      (2) After a loan is sold in the secondary market, the lender
    shall remain obligated under its guarantee agreement with the
    Administration, and shall continue to service the loan in a manner
    consistent with the terms and conditions of such agreement.
      (3) The Administration shall develop such procedures as are
    necessary for the facilitation, administration, and promotion of
    secondary market operations, and for assessing the increase of
    small business access to capital at reasonable rates and terms as a
    result of secondary market operations. Beginning on March 31, 1997,
    the sale of the unguaranteed portion of any loan made under section
    636(a) of this title shall not be permitted until a final
    regulation that applies uniformly to both depository institutions
    and other lenders is promulgated by the Administration setting
    forth the terms and conditions under which such sales can be
    permitted, including maintenance of appropriate reserve
    requirements and other safeguards to protect the safety and
    soundness of the program.
      (4) Nothing in this subsection or subsection (g) of this section
    shall be interpreted to impede or extinguish the right of the
    borrower or the successor in interest to such borrower to prepay
    (in whole or in part) any loan made pursuant to section 636(a) of
    this title, the guaranteed portion of which may be included in such
    trust or pool, or to impede or extinguish the rights of any party
    pursuant to section 636(a)(6)(C) of this title or subsection (e) of
    this section.
    (g) Trust certificates; guarantee of timely payments of principal
      and interest; full faith and credit of United States; collection
      of fees; subrogation
      (1) The Administration is authorized to issue trust certificates
    representing ownership of all or a fractional part of the
    guaranteed portion of one or more loans which have been guaranteed
    by the Administration under this chapter, or under section 696 of
    this title: Provided, That such trust certificates shall be based
    on and backed by a trust or pool approved by the Administration and
    composed solely of the entire guaranteed portion of such loans.
      (2) The Administration is authorized, upon such terms and
    conditions as are deemed appropriate, to guarantee the timely
    payment of the principal of and interest on trust certificates
    issued by the Administration or its agent for purposes of this
    subsection. Such guarantee shall be limited to the extent of
    principal and interest on the guaranteed portions of loans which
    compose the trust or pool. In the event that a loan in such trust
    or pool is prepaid, either voluntarily or in the event of default,
    the guarantee of timely payment of principal and interest on the
    trust certificates shall be reduced in proportion to the amount of
    principal and interest such prepaid loan represents in the trust or
    pool. Interest on prepaid or defaulted loans shall accrue and be
    guaranteed by the Administration only through the date of payment
    on the guarantee. During the term of the trust certificate, it may
    be called for redemption due to prepayment or default of all loans
    constituting the pool.
      (3) The full faith and credit of the United States is pledged to
    the payment of all amounts which may be required to be paid under
    any guarantee of such trust certificates issued by the
    Administration or its agent pursuant to this subsection.
      (4)(A) The Administration may collect a fee for any loan
    guarantee sold into the secondary market under subsection (f) of
    this section in an amount equal to not more than 50 percent of the
    portion of the sale price that exceeds 110 percent of the
    outstanding principal amount of the portion of the loan guaranteed
    by the Administration. Any such fee imposed by the Administration
    shall be collected by the Administration or by the agent which
    carries out on behalf of the Administration the central
    registration functions required by subsection (h) of this section
    and shall be paid to the Administration and used solely to reduce
    the subsidy on loans guaranteed under section 636(a) of this title:
    Provided, That such fee shall not be charged to the borrower whose
    loan is guaranteed: and, Provided further, That nothing herein
    shall preclude any agent of the Administration from collecting a
    fee approved by the Administration for the functions described in
    subsection (h)(2) (!1) of this section.

      (B) The Administration is authorized to impose and collect,
    either directly or through a fiscal and transfer agent, a
    reasonable penalty on late payments of the fee authorized under
    subparagraph (A) in an amount not to exceed 5 percent of such fee
    per month plus interest.
      (C) The Administration may contract with an agent to carry out,
    on behalf of the Administration, the assessment and collection of
    the annual fee established under section 636(a)(23) of this title.
    The agent may receive, as compensation for services, any interest
    earned on the fee while in the control of the agent before the time
    at which the agent is contractually required to remit the fee to
    the Administration.
      (5)(A) In the event the Administration pays a claim under a
    guarantee issued under this subsection, it shall be subrogated
    fully to the rights satisfied by such payment.
      (B) No State or local law, and no Federal law, shall preclude or
    limit the exercise by the Administration of its ownership rights in
    the portions of loans constituting the trust or pool against which
    the trust certificates are issued.
    (h) Central registration of loans and trust certificates; contracts
      with agent; disclosures by sellers of guaranteed portions of
      loans; regulation of brokers and dealers; electronic registration
      (1) Upon the adoption of final rules and regulations, the
    Administration shall - 
        (A) provide for a central registration of all loans and trust
      certificates sold pursuant to subsections (f) and (g) of this
      section;
        (B) contract with an agent to carry out on behalf of the
      Administration the central registration functions of this section
      and the issuance of trust certificates to facilitate pooling.
      Such agent shall provide a fidelity bond or insurance in such
      amounts as the Administration determines to be necessary to fully
      protect the interest of the Government;
        (C) prior to any sale, require the seller to disclose to a
      purchaser of the guaranteed portion of a loan guaranteed under
      this chapter and to the purchaser of a trust certificate issued
      pursuant to subsection (g) of this section, information on the
      terms, conditions, and yield of such instrument. As used in this
      paragraph, if the instrument being sold is a loan, the term
      "seller" does not include (A) an entity which made the loan or
      (B) any individual or entity which sells three or fewer
      guaranteed loans per year; and
        (D) have the authority to regulate brokers and dealers in
      guaranteed loans and trust certificates sold pursuant to
      subsections (f) and (g) of this section.

      (2) The agent described in paragraph (1)(B) may be compensated
    through any of the fees assessed under this section and any
    interest earned on any funds collected by the agent while such
    funds are in the control of the agent and before the time at which
    the agent is contractually required to transfer such funds to the
    Administration or to the holders of the trust certificates, as
    appropriate.
      (3) Nothing in this subsection shall prohibit the utilization of
    a book-entry or other electronic form of registration for trust
    certificates. The Administration may, with the consent of the
    Secretary of the Treasury, use the book-entry system of the Federal
    Reserve System.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[5], July 18, 1958, 72 Stat. 385; Pub. L. 87-
    305, Sec. 4, Sept. 26, 1961, 75 Stat. 666; Pub. L. 87-367, title
    I, Sec. 103(3), Oct. 4, 1961, 75 Stat. 787; Pub. L. 92-310, title
    II, Sec. 224(a), June 6, 1972, 86 Stat. 206; Pub. L. 93-386, Secs.
    3(1), 10, Aug. 23, 1974, 88 Stat. 745, 749; Pub. L. 94-305, title
    II, Sec. 208, June 4, 1976, 90 Stat. 671; Pub. L. 95-89, title III,
    Sec. 303, Aug. 4, 1977, 91 Stat. 558; Pub. L. 95-510, Sec. 103,
    Oct. 24, 1978, 92 Stat. 1781; Pub. L. 96-302, title I, Sec. 114,
    July 2, 1980, 94 Stat. 838; Pub. L. 98-352, Sec. 2, July 10, 1984,
    98 Stat. 329; Pub. L. 100-590, title I, Sec. 113, Nov. 3, 1988, 102
    Stat. 2997; Pub. L. 102-140, title VI, Sec. 609(a), Oct. 28, 1991,
    105 Stat. 825; Pub. L. 102-564, title III, Sec. 307(d), Oct. 28,
    1992, 106 Stat. 4264; Pub. L. 103-81, Sec. 3(a), Aug. 13, 1993, 107
    Stat. 780; Pub. L. 103-282, Sec. 2, July 22, 1994, 108 Stat. 1422;
    Pub. L. 103-403, title VI, Sec. 602, Oct. 22, 1994, 108 Stat. 4202;
    Pub. L. 104-36, Sec. 4(b), Oct. 12, 1995, 109 Stat. 297; Pub. L.
    104-208, div. D, title I, Sec. 103(e), title II, Secs. 205(a),
    208(i)(1), Sept. 30, 1996, 110 Stat. 3009-727, 3009-738, 3009-747;
    Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec. 209], Dec. 21, 2000,
    114 Stat. 2763, 2763A-683; Pub. L. 108-306, Sec. 3, Sept. 24, 2004,
    118 Stat. 1131; Pub. L. 108-447, div. K, title I, Sec. 131, Dec. 8,
    2004, 118 Stat. 3452.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsecs. (a) and (c), are
    set forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The classification laws, referred to in subsecs. (a) and (c), are
    set forth in chapter 51 and subchapter III of chapter 53 of Title
    5.
      The Small Business Investment Act of 1958, referred to in subsec.
    (b)(12)(C), (D), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as
    amended, which is classified principally to chapter 14B (Sec. 661
    et seq.) of this title. Title III of the Act is classified
    generally to subchapter III (Sec. 681 et seq.) of chapter 14B of
    this title. For complete classification of this Act to the Code,
    see Short Title note set out under section 661 of this title and
    Tables.
      Subsection (h)(2) of this section, referred to in subsec.
    (g)(4)(A), was redesignated subsec. (h)(1)(B) by Pub. L. 104-208,
    div. D, title II, Sec. 205(a)(1), (2), Sept. 30, 1996, 110 Stat.
    3009-738.

-COD-
                               CODIFICATION                           
      In subsec. (b)(8), "subchapter I of chapter 57 of title 5"
    substituted for "the Travel Expense Act of 1949" on authority of
    Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first
    section of which enacted Title 5, Government Organization and
    Employees.
      In subsec. (d), "Section 3324(a) and (b) of title 31" substituted
    for "Section 3648 of the Revised Statutes (31 U.S.C. 529)" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 205 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 234, as amended by act
    Aug. 9, 1955, ch. 628, Sec. 4, 69 Stat. 547, which was classified
    to this section. See Codification note set out under section 631 of
    this title.

                                AMENDMENTS                            
      2004 - Subsec. (b)(14). Pub. L. 108-447 added par. (14).
      Subsec. (g)(4)(C). Pub. L. 108-306, Sec. 3(1), added subpar. (C).
      Subsec. (h)(2), (3). Pub. L. 108-306, Sec. 3(2), added par. (2)
    and redesignated former par. (2) as (3).
      2000 - Subsec. (f)(1)(C). Pub. L. 106-554 amended subpar. (C)
    generally. Prior to amendment, subpar. (C) read as follows: "each
    loan shall have been fully disbursed to the borrower prior to any
    sale."
      1996 - Subsec. (b)(7). Pub. L. 104-208, Sec. 208(i)(1),
    substituted ": Provided, That with respect to deferred
    participation loans, the Administrator may, in the discretion of
    and pursuant to regulations promulgated by the Administrator,
    authorize participating lending institutions to take actions
    relating to loan servicing on behalf of the Administrator,
    including determining eligibility and creditworthiness and loan
    monitoring, collection, and liquidation" for ": Provided, That
    nothing herein shall be construed as authorizing the Administrator
    to contract or otherwise delegate his responsibility for loan
    servicing to other than Administration personnel, but with respect
    to deferred participation loans he may authorize participating
    lending institutions, in his discretion pursuant to regulations
    promulgated by him, to take such actions on his behalf, including,
    but not limited to the determination of eligibility and
    creditworthiness, and loan monitoring, collection and liquidation".
      Subsec. (f)(3). Pub. L. 104-208, Sec. 103(e), inserted at end
    "Beginning on March 31, 1997, the sale of the unguaranteed portion
    of any loan made under section 636(a) of this title shall not be
    permitted until a final regulation that applies uniformly to both
    depository institutions and other lenders is promulgated by the
    Administration setting forth the terms and conditions under which
    such sales can be permitted, including maintenance of appropriate
    reserve requirements and other safeguards to protect the safety and
    soundness of the program."
      Subsec. (h). Pub. L. 104-208, Sec. 205(a), designated existing
    provisions as par. (1), redesignated former pars. (1) to (4) as
    subpars. (A) to (D), respectively, of par. (1), in subpar. (A)
    substituted "(A) provide for a central registration of all loans
    and trust certificates sold pursuant to subsections (f) and (g) of
    this section;" for "(A) provide for a central registration of all
    loans and trust certificates sold pursuant to subsections (f) and
    (g) of this section. Such central registration shall include, with
    respect to each sale, an identification of each lender who has sold
    the loan; the interest rate paid by the borrower to the lender; the
    lender's servicing fee; whether the loan is for a fixed rate or
    variable rate; an identification of each purchaser of the loan or
    trust certificate; the price paid by the purchaser for the loan or
    trust certificate; the interest rate paid on the loan or trust
    certificate; the fees of an agent for carrying out the functions
    described in paragraph (2) below; and such other information as the
    Administration deems appropriate;", and added par. (2).
      1995 - Subsec. (g)(4)(A). Pub. L. 104-36 substituted first
    sentence for former first sentence which read as follows: "The
    Administration may collect the following fees for loan guarantees
    sold into the secondary market pursuant to the provisions of
    subsection (f) of this section: an amount equal to (A) not more
    than  4/10  of one percent per year of the outstanding principal
    amount of the portion of such loan guaranteed by the
    Administration, and (B) not more than 50 percent of the portion of
    the sale price which is in excess of 110 percent of the outstanding
    principal amount of the portion of such loan guaranteed by the
    Administration.", and substituted "such fee" for "such fees" in two
    places in second sentence.
      1994 - Subsec. (b)(8). Pub. L. 103-282 inserted ": Provided, That
    the Administrator may extend the six-month limitation for an
    additional six months if the Administrator determines the extension
    is necessary to continue efficient disaster loan making activities"
    before semicolon at end.
      Subsec. (b)(12), (13). Pub. L. 103-403 added pars. (12) and (13).
      1993 - Subsec. (g)(4). Pub. L. 103-81 added par. (4) and struck
    out former par. (4) which read as follows: "The Administration
    shall not collect any fee for any guarantee under this subsection:
    Provided, That nothing herein shall preclude any agent of the
    Administration from collecting a fee approved by the Administration
    for the functions described in subsection (h)(2) of this section."
      1992 - Subsec. (f)(4). Pub. L. 102-564 substituted "section
    636(a)(6)(C) of this title or subsection (e) of this section" for
    "subsection (e) of this section or section 636(a)(6) or 636(a)(8)
    of this title".
      1991 - Subsec. (g)(1). Pub. L. 102-140 substituted "or under
    section 696 of this title" for "except separate trust certificates
    shall be issued for loans approved under section 636(a)(13) of this
    title".
      1988 - Subsec. (g)(1). Pub. L. 100-590 substituted "except
    separate trust certificates shall be issued for loans approved" for
    "except those".
      1984 - Subsecs. (f) to (h). Pub. L. 98-352 added subsecs. (f) to
    (h).
      1980 - Subsec. (b)(7). Pub. L. 96-302 prohibited an
    interpretation that authorized the Administrator to contract or
    otherwise delegate his responsibility for loan servicing to other
    than Administration personnel, but sanctioned, with respect to
    deferred participation loans, authority for participating lending
    institutions to take action on behalf of the Administrator
    determining eligibility and creditworthiness, loan monitoring,
    collection, and liquidation, etc.
      1978 - Subsec. (c). Pub. L. 95-510 substituted "Any individual so
    employed may be compensated at a rate not in excess of the daily
    equivalent of the highest rate payable under section 5332 of Title
    5, including travel time, and, while such individual is away from
    his or her home or regular place of business, he or she may be
    allowed travel expenses (including per diem in lieu of subsistence)
    as authorized by section 5703 of Title 5" for "Any individual so
    employed may be compensated at a rate not in excess of $50 per
    diem, and, while such individual is away from his home or regular
    place of business, he may be allowed transportation and not to
    exceed $15 per diem in lieu of subsistence and other expenses".
      1977 - Subsec. (e). Pub. L. 95-89 added subsec. (e).
      1976 - Subsec. (e). Pub. L. 94-305 struck out subsec. (e) which
    provided for the appointment, by the Administrator, of the Chief
    Counsel for Advocacy who would serve as a focal point for
    complaints and suggestions, counsel small businessmen, develop
    proposals for change, represent interest of small businesses before
    federal agencies and enlist the cooperation of public and private
    agencies. See sections 634a to 634g of this title.
      1974 - Subsec. (b)(10), (11). Pub. L. 93-386, Sec. 3(1), added
    pars. (10) and (11).
      Subsec. (e). Pub. L. 93-386, Sec. 10, added subsec. (e).
      1972 - Subsec. (a). Pub. L. 92-310 struck out provisions which
    authorized the Administrator to provide bonds for officers,
    employees, attorneys, and agents.
      1961 - Subsec. (a). Pub. L. 87-367 struck out authorization for
    fifteen additional positions in grades 16, 17, and 18 of the
    General Schedule of the Classification Act of 1949.
      Subsec. (d). Pub. L. 87-305 added subsec. (d).

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by sections 103 and 205 of Pub. L. 104-208 effective
    Oct. 1, 1996, see section 3 of Pub. L. 104-208, set out as a note
    under section 633 of this title.
      Section 208(j) of div. D of Pub. L. 104-208 provided that: "This
    section [amending this section, sections 80a-18, 662, 681 to 683,
    687, 687b, 687d, 687k to 687m, and 697f of this title, and section
    1431 of Title 12, Banks and Banking, repealing sections 687i and
    687j of this title, enacting provisions set out as notes under
    sections 681 and 683 of this title, and amending provisions set out
    as a note under section 631 of this title] and the amendments made
    by this section shall become effective on the date of enactment of
    this Act [Sept. 30, 1996]."

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Section 8 of Pub. L. 104-36 provided that:
      "(a) In General. - Except as provided in subsection (b), the
    amendments made by this Act [see Short Title of 1995 Amendment note
    set out under section 631 of this title] do not apply with respect
    to any loan made or guaranteed under the Small Business Act [15
    U.S.C. 631 et seq.] or the Small Business Investment Act of 1958
    [15 U.S.C. 661 et seq.] before the date of enactment of this Act
    [Oct. 12, 1995].
      "(b) Exceptions. - The amendments made by this Act apply to a
    loan made or guaranteed under the Small Business Act or the Small
    Business Investment Act of 1958 before the date of enactment of
    this Act [Oct. 12, 1995], if the loan is refinanced, extended,
    restructured, or renewed on or after the date of enactment of this
    Act."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 3(b) of Pub. L. 103-81 provided that: "Any new fees
    imposed by the Administration pursuant to the authority conferred
    by subsection (a) [amending this section] shall be applicable only
    to loans initially sold in the secondary market pursuant to the
    provisions of section 5(f) of the Small Business Act [subsec. (f)
    of this section] after August 31, 1993."
      Section 7 of Pub. L. 103-81 which provided that sections 3 and 5
    of Pub. L. 103-81, amending this section and section 636 of this
    title and enacting provisions set out as notes under this section
    and section 636 of this title, were repealed on Sept. 30, 1996, was
    repealed by Pub. L. 104-208, div. D, title I, Sec. 109(a), Sept.
    30, 1996, 110 Stat. 3009-733, effective Sept. 29, 1996.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Section 105 of Pub. L. 95-510 provided that: "This Act [amending
    this section and sections 636 and 637 of this title and repealing
    sections 5031, 5032, and 5083 of Title 42, The Public Health and
    Welfare] shall be effective October 1, 1979."

                                REGULATIONS                            
      Section 3 of Pub. L. 98-352 provided that:
      "(a) Within ninety days after the date of enactment of this Act
    [July 10, 1984], the Small Business Administration shall develop
    and promulgate final rules and regulations to implement the central
    registration provisions provided for in section 5(h)(1) of the
    Small Business Act [15 U.S.C. 634(h)(1)], and shall contract with
    an agent for an initial period of not to exceed two years to carry
    out the functions provided for in section 5(h)(2) of such Act.
      "(b) Within nine months after the date of enactment of this Act
    [July 10, 1984], the Small Business Administration shall consult
    with representatives of appropriate Federal and State agencies and
    officials, the securities industry, financial institutions and
    lenders, and small business persons, and shall develop and
    promulgate final rules and regulations to implement this Act
    [amending sections 633, 634, and 639 of this title and enacting
    provisions set out as notes under sections 631 and 634 of this
    title] other than as provided for in subsection (a).
      "(c) The Small Business Administration shall not implement any of
    the provisions under section 5(g) of the Small Business Act, as
    amended [15 U.S.C. 634(g)], until final rules and regulations
    become effective."

                                ASSET SALES                            
      Pub. L. 105-135, title V, Sec. 505, Dec. 2, 1997, 111 Stat. 2624,
    provided that: "In connection with the Administration's
    implementation of a program to sell to the private sector loans and
    other assets held by the Administration, the Administration shall
    provide to the Committees a copy of the draft and final plans
    describing the sale and the anticipated benefits resulting from
    such sale."

                 PREFERRED LENDER STANDARD REVIEW PROGRAM             
      Section 103(h) of div. D of Pub. L. 104-208 provided that: "Not
    later than 90 days after the date of enactment of this Act [Sept.
    30, 1996], the Administrator shall commence a standard review
    program for the Preferred Lender Program established by section
    5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)), which
    shall include annual or more frequent assessments of the
    participation of the lender in the program, including defaults,
    loans, and recoveries of loans made by that lender under the
    authority of this section. The Administrator shall require such
    standard review for each new entrant to the Preferred Lender
    Program."

      STUDY AND REPORT REGARDING 1993 AMENDMENTS TO IMPOSE SECONDARY
           MARKET FEES AND TO REDUCE LOAN GUARANTEE PERCENTAGES
      Pub. L. 103-81, Sec. 6, Aug. 13, 1993, 107 Stat. 782, provided
    that: "The Administration shall study, monitor and evaluate the
    impact of the amendments made by sections 3 and 5 of this Act
    [amending this section and section 636 of this title] on the
    ability of small business concerns and small business concerns
    owned and controlled by minorities and women, to obtain financing
    and the impact of such sections on the effectiveness, viability and
    growth of the secondary market authorized by section 5(f) of the
    Small Business Act [subsec. (f) of this section]. Not later than 16
    months after the date of enactment [Aug. 13, 1993], and annually
    thereafter, the Administration shall submit to the Committees on
    Small Business of the Senate and the House of Representatives
    [Committee on Small Business of Senate now Committee on Small
    Business and Entrepreneurship of Senate] a report containing the
    Administration's findings and recommendations on such impact,
    specifically including changes in the interest rates on financings
    provided to small business concerns and small business concerns
    owned and controlled by minorities and women, through the use of
    the secondary market. The Administration shall segregate such
    findings and recommendations in the study according to the ethnic
    and gender components in these categories. Solely for the purposes
    of the study authorized herein, the term 'small business concerns
    owned and controlled by minorities', includes businesses owned and
    controlled by individuals belonging to one of the designated groups
    listed in section 8(d)(3)(C) of the Small Business Act [15 U.S.C.
    637(d)(3)(C)]."

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

                      VIABILITY OF SECONDARY MARKETS                  
      Pub. L. 102-366, title II, Sec. 226, Sept. 4, 1992, 106 Stat.
    1001, provided that: "The Administrator of the Small Business
    Administration is authorized and directed to take such actions in
    the awarding of contracts as is deemed necessary to assure the
    continued long-term viability of the secondary markets in loans,
    debentures or other securities guaranteed by the Administration."

                SMALL BUSINESS LOAN SECONDARY MARKET STUDY            
      Pub. L. 102-366, title III, Sec. 311, Sept. 4, 1992, 106 Stat.
    1005, directed Secretary of the Treasury, Director of Congressional
    Budget Office, and Chairman of Securities and Exchange Commission,
    in consultation with Administrator of Small Business
    Administration, to conduct a study of potential benefits of, and
    legal, regulatory, and market-based barriers to, developing a
    secondary market for loans to small businesses, specified
    considerations to be included in the study, and required that, not
    later than 1 year after Sept. 4, 1992, a report be submitted to
    Congress on results of the study, including recommendations for
    legislation to facilitate development of a secondary market for
    loans to small businesses.

                       APPROPRIATIONS NOT AUTHORIZED                   
      Section 6 of Pub. L. 98-352 provided that: "This Act [amending
    this section and sections 633 and 639 of this title and enacting
    provisions set out as notes under this section and section 631 of
    this title] does not authorize the appropriation of any funds."

                         SMALL BUSINESS PROTECTION                     
      Pub. L. 90-104, title III, Secs. 301-303, Oct. 11, 1967, 81 Stat.
    272, authorized Administrator of Small Business Administration to
    conduct a special study of impact on small business concerns of
    robbery, burglary, shoplifting, vandalism, and other criminal
    activities, and report to President and to Congress results of
    study, including such recommendations he deemed appropriate for
    administrative and legislative action, within one year after Oct.
    11, 1967.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 634a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634a. Office of Advocacy within Small Business Administration;
      Chief Counsel for Advocacy

-STATUTE-
      There is established within the Small Business Administration an
    Office of Advocacy. The management of the Office shall be vested in
    a Chief Counsel for Advocacy who shall be appointed from civilian
    life by the President, by and with the advice and consent of the
    Senate.

-SOURCE-
    (Pub. L. 94-305, title II, Sec. 201, June 4, 1976, 90 Stat. 668.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 634b                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634b. Primary functions of Office of Advocacy

-STATUTE-
      The primary functions of the Office of Advocacy shall be to - 
        (1) examine the role of small business in the American economy
      and the contribution which small business can make in improving
      competition, encouraging economic and social mobility for all
      citizens, restraining inflation, spurring production, expanding
      employment opportunities, increasing productivity, promoting
      exports, stimulating innovation and entrepreneurship, and
      providing an avenue through which new and untested products and
      services can be brought to the marketplace;
        (2) assess the effectiveness of existing Federal subsidy and
      assistance programs for small business and the desirability of
      reducing the emphasis on such existing programs and increasing
      the emphasis on general assistance programs designed to benefit
      all small businesses;
        (3) measure the direct costs and other effects of government
      regulation on small businesses; and make legislative and
      nonlegislative proposals for eliminating excessive or unnecessary
      regulations of small businesses;
        (4) determine the impact of the tax structure on small
      businesses and make legislative and other proposals for altering
      the tax structure to enable all small businesses to realize their
      potential for contributing to the improvement of the Nation's
      economic well-being;
        (5) study the ability of financial markets and institutions to
      meet small business credit needs and determine the impact of
      government demands for credit on small businesses;
        (6) determine financial resource availability and to recommend
      methods for delivery of financial assistance to minority
      enterprises, including methods for securing equity capital, for
      generating markets for goods and services, for providing
      effective business education, more effective management and
      technical assistance, and training, and for assistance in
      complying with Federal, State, and local law;
        (7) evaluate the efforts of Federal agencies, business and
      industry to assist minority enterprises;
        (8) make such other recommendations as may be appropriate to
      assist the development and strengthening of minority and other
      small business enterprises;
        (9) recommend specific measures for creating an environment in
      which all businesses will have the opportunity to complete (!1)
      effectively and expand to their full potential, and to ascertain
      the common reasons, if any, for small business successes and
      failures;

        (10) determine the desirability of developing a set of
      rational, objective criteria to be used to define small business,
      and to develop such criteria, if appropriate;
        (11) advise, cooperate with, and consult with, the Chairman of
      the Administrative Conference of the United States with respect
      to section 504(e) of title 5; and
        (12) evaluate the efforts of each department and agency of the
      United States, and of private industry, to assist small business
      concerns owned and controlled by veterans, as defined in section
      632(q) of this title, and small business concerns owned and
      controlled by serviced-disabled (!2) veterans, as defined in such
      section 632(q) of this title, and to provide statistical
      information on the utilization of such programs by such small
      business concerns, and to make appropriate recommendations to the
      Administrator of the Small Business Administration and to the
      Congress in order to promote the establishment and growth of
      those small business concerns.


-SOURCE-
    (Pub. L. 94-305, title II, Sec. 202, June 4, 1976, 90 Stat. 668;
    Pub. L. 96-481, title II, Sec. 203(b), Oct. 21, 1980, 94 Stat.
    2327; Pub. L. 106-50, title VII, Sec. 702, Aug. 17, 1999, 113 Stat.
    250.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1999 - Par. (12). Pub. L. 106-50 added par. (12).
      1980 - Par. (11). Pub. L. 96-481 added par. (11).

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-481 effective Oct. 1, 1981, and
    applicable to adversary adjudication as defined in section
    504(b)(1)(C) of Title 5, Government Organization and Employees, and
    to civil actions and adversary adjudications described in section
    2412 of Title 28, Judiciary and Judicial Procedure, which are
    pending on, or commenced on or after Oct. 1, 1981, see section 208
    of Pub. L. 96-481, set out as an Effective Date note under section
    504 of Title 5, Government Organization and Employees.


-TRANS-
         TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATES     
      For termination of Administrative Conference of United States,
    see provision of title IV of Pub. L. 104-52, set out as a note
    preceding section 591 of Title 5, Government Organization and
    Employees.


-MISC2-
                ADVOCACY STUDY OF PAPERWORK AND TAX IMPACT            
      Pub. L. 103-403, title VI, Sec. 613, Oct. 22, 1994, 108 Stat.
    4205, directed Chief Counsel for Advocacy of the Small Business
    Administration to conduct a study of the impact of all Federal
    regulatory, paperwork, and tax requirements upon small business,
    and report its findings to Congress not later than 1 year after
    Oct. 22, 1994.

-FOOTNOTE-
    (!1) So in original. Probably should be "compete".

    (!2) So in original.


-End-



-CITE-
    15 USC Sec. 634c                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634c. Additional duties of Office of Advocacy

-STATUTE-
      The Office of Advocacy shall also perform the following duties on
    a continuing basis:
        (1) serve as a focal point for the receipt of complaints,
      criticisms, and suggestions concerning the policies and
      activities of the Administration and any other Federal agency
      which affects small businesses;
        (2) counsel small businesses on how to resolve questions and
      problems concerning the relationship of the small business to the
      Federal Government;
        (3) develop proposals for changes in the policies and
      activities of any agency of the Federal Government which will
      better fulfill the purposes of this chapter and communicate such
      proposals to the appropriate Federal agencies;
        (4) represent the views and interests of small businesses
      before other Federal agencies whose policies and activities may
      affect small business; and
        (5) enlist the cooperation and assistance of public and private
      agencies, businesses, and other organizations in disseminating
      information about the programs and services provided by the
      Federal Government which are of benefit to small businesses, and
      information on how small businesses can participate in or make
      use of such programs and services.

-SOURCE-
    (Pub. L. 94-305, title II, Sec. 203, June 4, 1976, 90 Stat. 669.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 634d                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634d. Staff and powers of Office of Advocacy

-STATUTE-
      In carrying out the provisions of sections 634a to 634g of this
    title, the Chief Counsel for Advocacy may - 
        (1) employ and fix the compensation of such additional staff
      personnel as is deemed necessary, without regard to the
      provisions of title 5, governing appointments in the competitive
      service, and without regard to chapter 51, and subchapter III of
      chapter 53 of such title relating to classification and General
      Schedule pay rates but at rates not in excess of the lowest rate
      for GS-15 of the General Schedule: Provided, however, That not
      more than 14 staff personnel at any one time may be employed and
      compensated at a rate not in excess of GS-15, step 10, of the
      General Schedule;
        (2) procure temporary and intermittent services to the same
      extent as is authorized by section 3109 of title 5;
        (3) consult with experts and authorities in the fields of small
      business investment, venture capital, investment and commercial
      banking and other comparable financial institutions involved in
      the financing of business, and with individuals with regulatory,
      legal, economic, or financial expertise, including members of the
      academic community, and individuals who generally represent the
      public interest;
        (4) utilize the services of the National Advisory Council
      established pursuant to the provisions of section 637(b)(13) of
      this title and in accordance with the provisions of such statute,
      also appoint such other advisory boards or committees as is
      reasonably appropriate and necessary to carry out the provisions
      of sections 634a to 634g of this title; and
        (5) hold hearings and sit and act at such times and places as
      he may deem advisable.

-SOURCE-
    (Pub. L. 94-305, title II, Sec. 204, June 4, 1976, 90 Stat. 669;
    Pub. L. 96-302, title IV, Sec. 402, July 2, 1980, 94 Stat. 850;
    Pub. L. 103-403, title VI, Secs. 605(b), 610, Oct. 22, 1994, 108
    Stat. 4203, 4204.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The provisions of title 5 governing appointments in the
    competitive service, referred to in par. (1), are classified to
    section 3301 et seq. of Title 5, Government Organization and
    Employees.
      The General Schedule, referred to in par. (1), is set out under
    section 5332 of Title 5.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-403, Secs. 605(b), 610(1), in introductory
    provisions substituted "provisions of sections 634a to 634g of this
    title, the Chief" for "provisions of section 634b of this title,
    after consultation with and subject to the approval of the
    Administrator, the Chief".
      Par. (1). Pub. L. 103-403, Sec. 610(2), substituted "14" for
    "ten" before "staff personnel".
      1980 - Par. (1). Pub. L. 96-302 authorized employment at any one
    time of ten staff personnel at rate of compensation not in excess
    of GS-15, step 10, of the General Schedule.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.

-End-



-CITE-
    15 USC Sec. 634e                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634e. Assistance of Government agencies

-STATUTE-
      Each department, agency, and instrumentality of the Federal
    Government is authorized and directed to furnish to the Chief
    Counsel for Advocacy such reports and other information as he deems
    necessary to carry out his functions under sections 634a to 634g of
    this title.

-SOURCE-
    (Pub. L. 94-305, title II, Sec. 205, June 4, 1976, 90 Stat. 670.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 634f                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634f. Reports

-STATUTE-
      The Chief Counsel may from time to time prepare and publish such
    reports as he deems appropriate. Not later than one year after June
    4, 1976, he shall transmit to the Congress, the President and the
    Administration, a full report containing his findings and specific
    recommendations with respect to each of the functions referred to
    in section 634b of this title, including specific legislative
    proposals and recommendations for administration or other action.
    Not later than 6 months after June 4, 1976, he shall prepare and
    transmit a preliminary report on his activities. The reports shall
    not be submitted to the Office of Management and Budget or to any
    other Federal agency or executive department for any purpose prior
    to transmittal to the Congress and the President.

-SOURCE-
    (Pub. L. 94-305, title II, Sec. 206, June 4, 1976, 90 Stat. 670.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 634g                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 634g. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated not to exceed $1,000,000
    to carry out the provisions of sections 634a to 634g of this title.
    Any sums so appropriated shall remain available until expended.

-SOURCE-
    (Pub. L. 94-305, title II, Sec. 207, June 4, 1976, 90 Stat. 671.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 635                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 635. Deposit of moneys; depositaries, custodians, and fiscal
      agents; contributions to employees' compensation funds

-STATUTE-
      (a) All moneys of the Administration not otherwise employed may
    be deposited with the Treasury of the United States subject to
    check by authority of the Administration. The Federal Reserve banks
    are authorized and directed to act as depositaries, custodians, and
    fiscal agents for the Administration in the general performance of
    its powers conferred by this chapter. Any banks insured by the
    Federal Deposit Insurance Corporation, when designated by the
    Secretary of the Treasury, shall act as custodians and financial
    agents for the Administration. Each Federal Reserve bank, when
    designated by the Administrator as fiscal agent for the
    Administration, shall be entitled to be reimbursed for all expenses
    incurred as such fiscal agent.
      (b) The Administrator shall contribute to the employees'
    compensation fund, on the basis of annual billings as determined by
    the Secretary of Labor, for the benefit payments made from such
    fund on account of employees engaged in carrying out functions
    financed by the revolving fund established by section 633(c) of
    this title. The annual billings shall also include a statement of
    the fair portion of the cost of the administration of such fund,
    which shall be paid by the Administrator into the Treasury as
    miscellaneous receipts.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[6], July 18, 1958, 72 Stat. 387.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 206 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 235, which was
    previously classified to this section. See Codification note set
    out under section 631 of this title.

-End-



-CITE-
    15 USC Sec. 636                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 636. Additional powers

-STATUTE-
    (a) Loans to small business concerns; allowable purposes; qualified
      business; restrictions and limitations
      The Administration is empowered to the extent and in such amounts
    as provided in advance in appropriation Acts to make loans for
    plant acquisition, construction, conversion, or expansion,
    including the acquisition of land, material, supplies, equipment,
    and working capital, and to make loans to any qualified small
    business concern, including those owned by qualified Indian tribes,
    for purposes of this chapter. Such financings may be made either
    directly or in cooperation with banks or other financial
    institutions through agreements to participate on an immediate or
    deferred (guaranteed) basis. These powers shall be subject,
    however, to the following restrictions, limitations, and
    provisions:
        (1) In general. - 
          (A) Credit elsewhere. - No financial assistance shall be
        extended pursuant to this subsection if the applicant can
        obtain credit elsewhere. No immediate participation may be
        purchased unless it is shown that a deferred participation is
        not available; and no direct financing may be made unless it is
        shown that a participation is not available.
          (B) Background checks. - Prior to the approval of any loan
        made pursuant to this subsection, or section 503 of the Small
        Business Investment Act of 1958 [15 U.S.C. 697], the
        Administrator may verify the applicant's criminal background,
        or lack thereof, through the best available means, including,
        if possible, use of the National Crime Information Center
        computer system at the Federal Bureau of Investigation.

        (2) Level of participation in guaranteed loans. - 
          (A) In general. - Except as provided in subparagraph (B), in
        an agreement to participate in a loan on a deferred basis under
        this subsection (including a loan made under the Preferred
        Lenders Program), such participation by the Administration
        shall be equal to - 
            (i) 75 percent of the balance of the financing outstanding
          at the time of disbursement of the loan, if such balance
          exceeds $150,000; or
            (ii) 85 percent of the balance of the financing outstanding
          at the time of disbursement of the loan, if such balance is
          less than or equal to $150,000.

          (B) Reduced participation upon request. - 
            (i) In general. - The guarantee percentage specified by
          subparagraph (A) for any loan under this subsection may be
          reduced upon the request of the participating lender.
            (ii) Prohibition. - The Administration shall not use the
          guarantee percentage requested by a participating lender
          under clause (i) as a criterion for establishing priorities
          in approving loan guarantee requests under this subsection.

          (C) Interest rate under preferred lenders program. - 
            (i) In general. - The maximum interest rate for a loan
          guaranteed under the Preferred Lenders Program shall not
          exceed the maximum interest rate, as determined by the
          Administration, applicable to other loans guaranteed under
          this subsection.
            (ii) Preferred lenders program defined. - For purposes of
          this subparagraph, the term "Preferred Lenders Program" means
          any program established by the Administrator, as authorized
          under the proviso in section 634(b)(7) of this title, under
          which a written agreement between the lender and the
          Administration delegates to the lender - 
              (I) complete authority to make and close loans with a
            guarantee from the Administration without obtaining the
            prior specific approval of the Administration; and
              (II) complete authority to service and liquidate such
            loans without obtaining the prior specific approval of the
            Administration for routine servicing and liquidation
            activities, but shall not take any actions creating an
            actual or apparent conflict of interest.

          (D) Participation under export working capital program. -
        Notwithstanding subparagraph (A), in an agreement to
        participate in a loan on a deferred basis under the Export
        Working Capital Program established pursuant to paragraph
        (14)(A), such participation by the Administration shall not
        exceed 90 percent.

        (3) No loan shall be made under this subsection - 
          (A) if the total amount outstanding and committed (by
        participation or otherwise) to the borrower from the business
        loan and investment fund established by this chapter would
        exceed $1,500,000 (or if the gross loan amount would exceed
        $2,000,000), except as provided in subparagraph (B);
          (B) if the total amount outstanding and committed (on a
        deferred basis) solely for the purposes provided in paragraph
        (16) to the borrower from the business loan and investment fund
        established by this chapter would exceed $1,750,000, of which
        not more than $1,250,000 may be used for working capital,
        supplies, or financings under paragraph (14) for export
        purposes; and
          (C) if effected either directly or in cooperation with banks
        or other lending institutions through agreements to participate
        on an immediate basis if the amount would exceed $350,000.

        (4) Interest rates and prepayment charges. - 
          (A) Interest rates. - Notwithstanding the provisions of the
        constitution of any State or the laws of any State limiting the
        rate or amount of interest which may be charged, taken,
        received, or reserved, the maximum legal rate of interest on
        any financing made on a deferred basis pursuant to this
        subsection shall not exceed a rate prescribed by the
        Administration, and the rate of interest for the
        Administration's share of any direct or immediate participation
        loan shall not exceed the current average market yield on
        outstanding marketable obligations of the United States with
        remaining periods to maturity comparable to the average
        maturities of such loans and adjusted to the nearest one-eighth
        of 1 per centum, and an additional amount as determined by the
        Administration, but not to exceed 1 per centum per annum:
        Provided, That for those loans to assist any public or private
        organization for the handicapped or to assist any handicapped
        individual as provided in paragraph (10) of this subsection,
        the interest rate shall be 3 per centum per annum.
          (B) Payment of accrued interest. - 
            (i) In general. - Any bank or other lending institution
          making a claim for payment on the guaranteed portion of a
          loan made under this subsection shall be paid the accrued
          interest due on the loan from the earliest date of default to
          the date of payment of the claim at a rate not to exceed the
          rate of interest on the loan on the date of default, minus
          one percent.
            (ii) Loans sold on secondary market. - If a loan described
          in clause (i) is sold on the secondary market, the amount of
          interest paid to a bank or other lending institution
          described in that clause from the earliest date of default to
          the date of payment of the claim shall be no more than the
          agreed upon rate, minus one percent.
            (iii) Applicability. - Clauses (i) and (ii) shall not apply
          to loans made on or after October 1, 2000.

          (C) Prepayment charges
            (i) In general. - A borrower who prepays any loan
          guaranteed under this subsection shall remit to the
          Administration a subsidy recoupment fee calculated in
          accordance with clause (ii) if - 
              (I) the loan is for a term of not less than 15 years;
              (II) the prepayment is voluntary;
              (III) the amount of prepayment in any calendar year is
            more than 25 percent of the outstanding balance of the
            loan; and
              (IV) the prepayment is made within the first 3 years
            after disbursement of the loan proceeds.

            (ii) Subsidy recoupment fee. - The subsidy recoupment fee
          charged under clause (i) shall be - 
              (I) 5 percent of the amount of prepayment, if the
            borrower prepays during the first year after disbursement;
              (II) 3 percent of the amount of prepayment, if the
            borrower prepays during the second year after disbursement;
            and
              (III) 1 percent of the amount of prepayment, if the
            borrower prepays during the third year after disbursement.

        (5) No such loans including renewals and extensions thereof may
      be made for a period or periods exceeding twenty-five years,
      except that such portion of a loan made for the purpose of
      acquiring real property or constructing, converting, or expanding
      facilities may have a maturity of twenty-five years plus such
      additional period as is estimated may be required to complete
      such construction, conversion, or expansion.
        (6) All loans made under this subsection shall be of such sound
      value or so secured as reasonably to assure repayment: Provided,
      however, That - 
          (A) for loans to assist any public or private organization or
        to assist any handicapped individual as provided in paragraph
        (10) of this subsection any reasonable doubt shall be resolved
        in favor of the applicant;
          (B) recognizing that greater risk may be associated with
        loans for energy measures as provided in paragraph (12) of this
        subsection, factors in determining "sound value" shall include,
        but not be limited to, quality of the product or service;
        technical qualifications of the applicant or his employees;
        sales projections; and the financial status of the business
        concern: Provided further, That such status need not be as
        sound as that required for general loans under this subsection;
        and (!1)

          (C) Repealed. Pub. L. 97-35, title XIX, Sec. 1910, Aug. 13,
        1981, 95 Stat. 778.

      On that portion of the loan used to refinance existing
      indebtedness held by a bank or other lending institution, the
      Administration shall limit the amount of deferred participation
      to 80 per centum of the amount of the loan at the time of
      disbursement: Provided further, That any authority conferred by
      this subparagraph on the Administration shall be exercised solely
      by the Administration and shall not be delegated to other than
      Administration personnel.
        (7) The Administration may defer payments on the principal of
      such loans for a grace period and use such other methods as it
      deems necessary and appropriate to assure the successful
      establishment and operation of such concern.
        (8) The Administration may make loans under this subsection to
      small business concerns owned and controlled by disabled veterans
      (as defined in section 4211(3) of title 38).
        (9) The Administration may provide loans under this subsection
      to finance residential or commercial construction or
      rehabilitation for sale: Provided, however, That such loans shall
      not be used primarily for the acquisition of land.
        (10) The Administration may provide guaranteed loans under this
      subsection to assist any public or private organization for the
      handicapped or to assist any handicapped individual, including
      service-disabled veterans, in establishing, acquiring, or
      operating a small business concern.
        (11) The Administration may provide loans under this subsection
      to any small business concern, or to any qualified person seeking
      to establish such a concern when it determines that such loan
      will further the policies established in section 631(c) (!2) of
      this title, with particular emphasis on the preservation or
      establishment of small business concerns located in urban or
      rural areas with high proportions of unemployed or low-income
      individuals or owned by low-income individuals.

        (12)(A) The Administration may provide loans under this
      subsection to assist any small business concern, including start
      up, to enable such concern to design architecturally or engineer,
      manufacture, distribute, market, install, or service energy
      measures: Provided, however, That such loan proceeds shall not be
      used primarily for research and development.
        (b) (!3) The Administration may provide deferred participation
      loans under this subsection to finance the planning, design, or
      installation of pollution control facilities for the purposes set
      forth in section 404 of the Small Business Investment Act of 1958
      [15 U.S.C. 694-1]. Notwithstanding the limitation expressed in
      paragraph (3) of this subsection, a loan made under this
      paragraph may not result in a total amount outstanding and
      committed to a borrower from the business loan and investment
      fund of more than $1,000,000.

        (13)  The  Administration  may  provide  financings under this
      subsection to State and local development companies for the
      purposes of, and subject to the restrictions in, title V of the
      Small Business Investment Act of 1958 [15 U.S.C. 695 et seq.].
        (14)(A) The Administration may provide extensions of credit,
      standby letters of credit, revolving lines of credit for export
      purposes, and other financing to enable small business concerns,
      including small business export trading companies and small
      business export management companies, to develop foreign markets.
      A bank or participating lending institution may establish the
      rate of interest on such financings as may be legal and
      reasonable.
        (B) When considering loan or guarantee applications, the
      Administration shall give weight to export-related benefits,
      including opening new markets for United States goods and
      services abroad and encouraging the involvement of small
      businesses, including agricultural concerns, in the export
      market.
        (C) The Administration shall aggressively market its export
      financing program to small businesses.
        (15)(A) The Administration may guarantee loans under this
      subsection to qualified employee trusts with respect to a small
      business concern for the purpose of purchasing stock of the
      concern under a plan approved by the Administrator which, when
      carried out, results in the qualified employee trust owning at
      least 51 per centum of the stock of the concern.
        (B) The plan requiring the Administrator's approval under
      subparagraph (A) shall be submitted to the Administration by the
      trustee of such trust with its application for the guarantee.
      Such plan shall include an agreement with the Administrator which
      is binding on such trust and on the small business concern and
      which provides that - 
          (i) not later than the date the loan guaranteed under
        subparagraph (A) is repaid (or as soon thereafter as is
        consistent with the requirements of section 401(a) of title
        26), at least 51 per centum of the total stock of such concern
        shall be allocated to the accounts of at least 51 per centum of
        the employees of such concern who are entitled to share in such
        allocation,
          (ii) there will be periodic reviews of the role in the
        management of such concern of employees to whose accounts stock
        is allocated, and
          (iii) there will be adequate management to assure management
        expertise and continuity.

        (C) In determining whether to guarantee any loan under this
      paragraph, the individual business experience or personal assets
      of employee-owners shall not be used as criteria, except inasmuch
      as certain employee-owners may assume managerial
      responsibilities, in which case business experience may be
      considered.
        (D) For purposes of this paragraph, a corporation which is
      controlled by any other person shall be treated as a small
      business concern if such corporation would, after the plan
      described in subparagraph (B) is carried out, be treated as a
      small business concern.
        (E) The Administration shall compile a separate list of
      applications for assistance under this paragraph, indicating
      which applications were accepted and which were denied, and shall
      report periodically to the Congress on the status of employee-
      owned firms assisted by the Administration.
        (16) International trade. - 
          (A) In general. - If the Administrator determines that a loan
        guaranteed under this subsection will allow an eligible small
        business concern that is engaged in or adversely affected by
        international trade to improve its competitive position, the
        Administrator may make such loan to assist such concern in - 
            (i) the financing of the acquisition, construction,
          renovation, modernization, improvement, or expansion of
          productive facilities or equipment to be used in the United
          States in the production of goods and services involved in
          international trade; or
            (ii) the refinancing of existing indebtedness that is not
          structured with reasonable terms and conditions.

          (B) Security. - Each loan made under this paragraph shall be
        secured by a first lien position or first mortgage on the
        property or equipment financed by the loan or on other assets
        of the small business concern.
          (C) Engaged in international trade. - For purposes of this
        paragraph, a small business concern is engaged in international
        trade if, as determined by the Administrator, the small
        business concern is in a position to expand existing export
        markets or develop new export markets.
          (D) Adversely affected by international trade. - For purposes
        of this paragraph, a small business concern is adversely
        affected by international trade if, as determined by the
        Administrator, the small business concern - 
            (i) is confronting increased competition with foreign firms
          in the relevant market; and
            (ii) is injured by such competition.

          (E) Findings by certain federal agencies. - For purposes of
        subparagraph (D)(ii) the Administrator shall accept any finding
        of injury by the International Trade Commission or any finding
        of injury by the Secretary of Commerce pursuant to chapter 3 of
        title II of the Trade Act of 1974 [19 U.S.C. 2341 et seq.].

        (17) The Administration shall authorize lending institutions
      and other entities in addition to banks to make loans authorized
      under this subsection.
        (18) Guarantee fees. - 
          (A) In general. - With respect to each loan guaranteed under
        this subsection (other than a loan that is repayable in 1 year
        or less), the Administration shall collect a guarantee fee,
        which shall be payable by the participating lender, and may be
        charged to the borrower, as follows:
            (i) A guarantee fee not to exceed 2 percent of the deferred
          participation share of a total loan amount that is not more
          than $150,000.
            (ii) A guarantee fee not to exceed 3 percent of the
          deferred participation share of a total loan amount that is
          more than $150,000, but not more than $700,000.
            (iii) A guarantee fee not to exceed 3.5 percent of the
          deferred participation share of a total loan amount that is
          more than $700,000.
            (iv) In addition to the fee under clause (iii), a guarantee
          fee equal to 0.25 percent of any portion of the deferred
          participation share that is more than $1,000,000.

          (B) Retention of certain fees. - Lenders participating in the
        programs established under this subsection may retain not more
        than 25 percent of a fee collected under subparagraph (A)(i).

        (19)(A) In addition to the Preferred Lenders Program authorized
      by the proviso in section 634(b)(7) of this title, the
      Administration is authorized to establish a Certified Lenders
      Program for lenders who establish their knowledge of
      Administration laws and regulations concerning the guaranteed
      loan program and their proficiency in program requirements. The
      designation of a lender as a certified lender shall be suspended
      or revoked at any time that the Administration determines that
      the lender is not adhering to its rules and regulations or that
      the loss experience of the lender is excessive as compared to
      other lenders, but such suspension or revocation shall not affect
      any outstanding guarantee.
        (B) In order to encourage all lending institutions and other
      entities making loans authorized under this subsection to provide
      loans of $50,000 or less in guarantees to eligible small business
      loan applicants, the Administration shall develop and allow
      participating lenders to solely utilize a uniform and simplified
      loan form for such loans.
        (C) Authority to liquidate loans. - 
          (i) In general. - The Administrator may permit lenders
        participating in the Certified Lenders Program to liquidate
        loans made with a guarantee from the Administration pursuant to
        a liquidation plan approved by the Administrator.
          (ii) Automatic approval. - If the Administrator does not
        approve or deny a request for approval of a liquidation plan
        within 10 business days of the date on which the request is
        made (or with respect to any routine liquidation activity under
        such a plan, within 5 business days) such request shall be
        deemed to be approved.

        (20)(A) The Administration is empowered to make loans either
      directly or in cooperation with banks or other financial
      institutions through agreements to participate on an immediate or
      deferred (guaranteed) basis to small business concerns eligible
      for assistance under subsection (j)(10) of this section and
      section 637(a) of this title. Such assistance may be provided
      only if the Administration determines that - 
          (i) the type and amount of such assistance requested by such
        concern is not otherwise available on reasonable terms from
        other sources;
          (ii) with such assistance such concern has a reasonable
        prospect for operating soundly and profitably within a
        reasonable period of time;
          (iii) the proceeds of such assistance will be used within a
        reasonable time for plant construction, conversion, or
        expansion, including the acquisition of equipment, facilities,
        machinery, supplies, or material or to supply such concern with
        working capital to be used in the manufacture of articles,
        equipment, supplies, or material for defense or civilian
        production or as may be necessary to insure a well-balanced
        national economy; and
          (iv) such assistance is of such sound value as reasonably to
        assure that the terms under which it is provided will not be
        breached by the small business concern.

        (B)(i) No loan shall be made under this paragraph if the total
      amount outstanding and committed (by participation or otherwise)
      to the borrower would exceed $750,000.
        (ii) Subject to the provisions of clause (i), in agreements to
      participate in loans on a deferred (guaranteed) basis,
      participation by the Administration shall be not less than 85 per
      centum of the balance of the financing outstanding at the time of
      disbursement.
        (iii) The rate of interest on financings made on a deferred
      (guaranteed) basis shall be legal and reasonable.
        (iv) Financings made pursuant to this paragraph shall be
      subject to the following limitations:
          (I) No immediate participation may be purchased unless it is
        shown that a deferred participation is not available.
          (II) No direct financing may be made unless it is shown that
        a participation is unavailable.

        (C) A direct loan or the Administration's share of an immediate
      participation loan made pursuant to this paragraph shall be any
      secured debt instrument - 
          (i) that is subordinated by its terms to all other borrowings
        of the issuer;
          (ii) the rate of interest on which shall not exceed the
        current average market yield on outstanding marketable
        obligations of the United States with remaining periods to
        maturity comparable to the average maturities of such loan and
        adjusted to the nearest one-eighth of 1 per centum;
          (iii) the term of which is not more than twenty-five years;
        and
          (iv) the principal on which is amortized at such rate as may
        be deemed appropriate by the Administration, and the interest
        on which is payable not less often than annually.

        (21)(A) The Administration may make loans on a guaranteed basis
      under the authority of this subsection - 
          (i) to a small business concern that has been (or can
        reasonably be expected to be) detrimentally affected by - 
            (I) the closure (or substantial reduction) of a Department
          of Defense installation; or
            (II) the termination (or substantial reduction) of a
          Department of Defense program on which such small business
          was a prime contractor or subcontractor (or supplier) at any
          tier; or

          (ii) to a qualified individual or a veteran seeking to
        establish (or acquire) and operate a small business concern.

        (B) Recognizing that greater risk may be associated with a loan
      to a small business concern described in subparagraph (A)(i), any
      reasonable doubts concerning the firm's proposed business plan
      for transition to nondefense-related markets shall be resolved in
      favor of the loan applicant when making any determination
      regarding the sound value of the proposed loan in accordance with
      paragraph (6).
        (C) Loans pursuant to this paragraph shall be authorized in
      such amounts as provided in advance in appropriation Acts for the
      purposes of loans under this paragraph.
        (D) For purposes of this paragraph a qualified individual is - 
          (i) a member of the Armed Forces of the United States,
        honorably discharged from active duty involuntarily or pursuant
        to a program providing bonuses or other inducements to
        encourage voluntary separation or early retirement;
          (ii) a civilian employee of the Department of Defense
        involuntarily separated from Federal service or retired
        pursuant to a program offering inducements to encourage early
        retirement; or
          (iii) an employee of a prime contractor, subcontractor, or
        supplier at any tier of a Department of Defense program whose
        employment is involuntarily terminated (or voluntarily
        terminated pursuant to a program offering inducements to
        encourage voluntary separation or early retirement) due to the
        termination (or substantial reduction) of a Department of
        Defense program.

        (E) Job creation and community benefit. - In providing
      assistance under this paragraph, the Administration shall develop
      procedures to ensure, to the maximum extent practicable, that
      such assistance is used for projects that - 
          (i) have the greatest potential for - 
            (I) creating new jobs for individuals whose employment is
          involuntarily terminated due to reductions in Federal defense
          expenditures; or
            (II) preventing the loss of jobs by employees of small
          business concerns described in subparagraph (A)(i); and

          (ii) have substantial potential for stimulating new economic
        activity in communities most affected by reductions in Federal
        defense expenditures.

        (22) The Administration is authorized to permit participating
      lenders to impose and collect a reasonable penalty fee on late
      payments of loans guaranteed under this subsection in an amount
      not to exceed 5 percent of the monthly loan payment per month
      plus interest.
        (23) Yearly fee. - 
          (A) In general. - With respect to each loan approved under
        this subsection, the Administration shall assess, collect, and
        retain a fee, not to exceed 0.55 percent per year of the
        outstanding balance of the deferred participation share of the
        loan, in an amount established once annually by the
        Administration in the Administration's annual budget request to
        Congress, as necessary to reduce to zero the cost to the
        Administration of making guarantees under this subsection. As
        used in this paragraph, the term "cost" has the meaning given
        that term in section 661a of title 2.
          (B) Payer. - The yearly fee assessed under subparagraph (A)
        shall be payable by the participating lender and shall not be
        charged to the borrower.
          (C) Lowering of borrower fees. - If the Administration
        determines that fees paid by lenders and by small business
        borrowers for guarantees under this subsection may be reduced,
        consistent with reducing to zero the cost to the Administration
        of making such guarantees - 
            (i) the Administration shall first consider reducing fees
          paid by small business borrowers under clauses (i) through
          (iii) of paragraph (18)(A), to the maximum extent possible;
          and
            (ii) fees paid by small business borrowers shall not be
          increased above the levels in effect on December 8, 2004.

        (24) Notification requirement. - The Administration shall
      notify the Committees on Small Business of the Senate and the
      House of Representatives not later than 15 days before making any
      significant policy or administrative change affecting the
      operation of the loan program under this subsection.
        (25) Limitation on conducting pilot projects. - 
          (A) In general. - Not more than 10 percent of the total
        number of loans guaranteed in any fiscal year under this
        subsection may be awarded as part of a pilot program which is
        commenced by the Administrator on or after October 1, 1996.
          (B) "Pilot program" defined. - In this paragraph, the term
        'pilot program' means any lending program initiative, project,
        innovation, or other activity not specifically authorized by
        law.
          (C) Low documentation loan program. - The Administrator may
        carry out the low documentation loan program for loans of
        $100,000 or less only through lenders with significant
        experience in making small business loans. Not later than 90
        days after September 30, 1996, the Administrator shall
        promulgate regulations defining the experience necessary for
        participation as a lender in the low documentation loan
        program.

        (26) Calculation of subsidy rate. - All fees, interest, and
      profits received and retained by the Administration under this
      subsection shall be included in the calculations made by the
      Director of the Office of Management and Budget to offset the
      cost (as that term is defined in section 661a of title 2) to the
      Administration of purchasing and guaranteeing loans under this
      chapter.
        (27) Repealed. Pub. L. 106-8, Sec. 3(c), Apr. 2, 1999, 113
      Stat. 16.
        (28) Leasing. - In addition to such other lease arrangements as
      may be authorized by the Administration, a borrower may
      permanently lease to one or more tenants not more than 20 percent
      of any property constructed with the proceeds of a loan
      guaranteed under this subsection, if the borrower permanently
      occupies and uses not less than 60 percent of the total business
      space in the property.
        (29) Real estate appraisals. - With respect to a loan under
      this subsection that is secured by commercial real property, an
      appraisal of such property by a State licensed or certified
      appraiser - 
          (A) shall be required by the Administration in connection
        with any such loan for more than $250,000; or
          (B) may be required by the Administration or the lender in
        connection with any such loan for $250,000 or less, if such
        appraisal is necessary for appropriate evaluation of
        creditworthiness.

        (30) Ownership requirements. - Ownership requirements to
      determine the eligibility of a small business concern that
      applies for assistance under any credit program under this
      chapter shall be determined without regard to any ownership
      interest of a spouse arising solely from the application of the
      community property laws of a State for purposes of determining
      marital interests.
        (31) Express loans. - 
          (A) Definitions. - As used in this paragraph:
            (i) The term "express lender" means any lender authorized
          by the Administration to participate in the Express Loan
          Program.
            (ii) The term "express loan" means any loan made pursuant
          to this paragraph in which a lender utilizes to the maximum
          extent practicable its own loan analyses, procedures, and
          documentation.
            (iii) The term "Express Loan Program" means the program for
          express loans established by the Administration under
          paragraph (25)(B), as in existence on April 5, 2004, with a
          guaranty rate of not more than 50 percent.

          (B) Restriction to express lender. - The authority to make an
        express loan shall be limited to those lenders deemed qualified
        to make such loans by the Administration. Designation as an
        express lender for purposes of making an express loan shall not
        prohibit such lender from taking any other action authorized by
        the Administration for that lender pursuant to this subsection.
          (C) Grandfathering of existing lenders. - Any express lender
        shall retain such designation unless the Administration
        determines that the express lender has violated the law or
        regulations promulgated by the Administration or modifies the
        requirements to be an express lender and the lender no longer
        satisfies those requirements.
          (D) Maximum loan amount. - The maximum loan amount under the
        Express Loan Program is $350,000.
          (E) Option to participate. - Except as otherwise provided in
        this paragraph, the Administration shall take no regulatory,
        policy, or administrative action, without regard to whether
        such action requires notification pursuant to paragraph (24),
        that has the effect of requiring a lender to make an express
        loan pursuant to subparagraph (D).
    (b) Disaster loans; authorization, scope, terms and conditions,
      etc.
      Except as to agricultural enterprises as defined in section
    647(b)(1) of this title, the,(!4) Administration also is empowered
    to the extent and in such amounts as provided in advance in
    appropriation Acts - 

        (1)(A) to make such loans (either directly or in cooperation
      with banks or other lending institutions through agreements to
      participate on an immediate or deferred (guaranteed) basis) as
      the Administration may determine to be necessary or appropriate
      to repair, rehabilitate or replace property, real or personal,
      damaged or destroyed by or as a result of natural or other
      disasters: Provided, That such damage or destruction is not
      compensated for by insurance or otherwise: And provided further,
      That the Administration may increase the amount of the loan by up
      to an additional 20 per centum if it determines such increase to
      be necessary or appropriate in order to protect the damaged or
      destroyed property from possible future disasters by taking
      mitigating measures, including, but not limited to, construction
      of retaining walls and sea walls, grading and contouring land,
      relocating utilities and modifying structures;
        (B) to refinance any mortgage or other lien against a totally
      destroyed or substantially damaged home or business concern:
      Provided, That no loan or guarantee shall be extended unless the
      Administration finds that (i) the applicant is not able to obtain
      credit elsewhere; (ii) such property is to be repaired,
      rehabilitated, or replaced; (iii) the amount refinanced shall not
      exceed the amount of physical loss sustained; and (iv) such
      amounts shall be reduced to the extent such mortgage or lien is
      satisfied by insurance or otherwise; and
        (C) during fiscal years 2000 through 2004, to establish a
      predisaster mitigation program to make such loans (either
      directly or in cooperation with banks or other lending
      institutions through agreements to participate on an immediate or
      deferred (guaranteed) basis), as the Administrator may determine
      to be necessary or appropriate, to enable small businesses to use
      mitigation techniques in support of a formal mitigation program
      established by the Federal Emergency Management Agency, except
      that no loan or guarantee may be extended to a small business
      under this subparagraph unless the Administration finds that the
      small business is otherwise unable to obtain credit for the
      purposes described in this subparagraph;
        (2) to make such loans (either directly or in cooperation with
      banks or other lending institutions through agreements to
      participate on an immediate or deferred (guaranteed) basis) as
      the Administration may determine to be necessary or appropriate
      to any small business concern or small agricultural cooperative
      located in an area affected by a disaster,(!4) (including
      drought), with respect to both farm-related and nonfarm-related
      small business concerns, if the Administration determines that
      the concern or the cooperative has suffered a substantial
      economic injury as a result of such disaster and if such disaster
      constitutes - 
          (A) a major disaster, as determined by the President under
        the Disaster Relief and Emergency Assistance Act [42 U.S.C.
        5121 et seq.]; or
          (B) a natural disaster, as determined by the Secretary of
        Agriculture pursuant to section 1961 of title 7, in which case,
        assistance under this paragraph may be provided to farm-related
        and nonfarm-related small business concerns, subject to the
        other applicable requirements of this paragraph; or
          (C) a disaster, as determined by the Administrator of the
        Small Business Administration; or
          (D) if no disaster declaration has been issued pursuant to
        subparagraph (A), (B), or (C), the Governor of a State in which
        a disaster has occurred may certify to the Small Business
        Administration that small business concerns or small
        agricultural cooperatives (1) have suffered economic injury as
        a result of such disaster, and (2) are in need of financial
        assistance which is not available on reasonable terms in the
        disaster stricken area. Not later than 30 days after the date
        of receipt of such certification by a Governor of a State, the
        Administration shall respond in writing to that Governor on its
        determination and the reasons therefore,(!5) and may then make
        such loans as would have been available under this paragraph if
        a disaster declaration had been issued.


      Provided, That no loan or guarantee shall be extended pursuant to
      this paragraph (2) unless the Administration finds that the
      applicant is not able to obtain credit elsewhere.
        (3)(A) In this paragraph - 
          (i) the term "essential employee" means an individual who is
        employed by a small business concern and whose managerial or
        technical expertise is critical to the successful day-to-day
        operations of that small business concern;
          (ii) the term "period of military conflict" has the meaning
        given the term in subsection (n)(1) of this section; and
          (iii) the term "substantial economic injury" means an
        economic harm to a business concern that results in the
        inability of the business concern - 
            (I) to meet its obligations as they mature;
            (II) to pay its ordinary and necessary operating expenses;
          or
            (III) to market, produce, or provide a product or service
          ordinarily marketed, produced, or provided by the business
          concern.

        (B) The Administration may make such disaster loans (either
      directly or in cooperation with banks or other lending
      institutions through agreements to participate on an immediate or
      deferred basis) to assist a small business concern that has
      suffered or that is likely to suffer substantial economic injury
      as the result of an essential employee of such small business
      concern being ordered to active military duty during a period of
      military conflict.
        (C) A small business concern described in subparagraph (B)
      shall be eligible to apply for assistance under this paragraph
      during the period beginning on the date on which the essential
      employee is ordered to active duty and ending on the date that is
      90 days after the date on which such essential employee is
      discharged or released from active duty.
        (D) Any loan or guarantee extended pursuant to this paragraph
      shall be made at the same interest rate as economic injury loans
      under paragraph (2).
        (E) No loan may be made under this paragraph, either directly
      or in cooperation with banks or other lending institutions
      through agreements to participate on an immediate or deferred
      basis, if the total amount outstanding and committed to the
      borrower under this subsection would exceed $1,500,000, unless
      such applicant constitutes a major source of employment in its
      surrounding area, as determined by the Administration, in which
      case the Administration, in its discretion, may waive the
      $1,500,000 limitation.
        (F) For purposes of assistance under this paragraph, no
      declaration of a disaster area shall be required.

      No loan under this subsection, including renewals and extensions
    thereof, may be made for a period or periods exceeding thirty
    years: Provided, That the Administrator may consent to a suspension
    in the payment of principal and interest charges on, and to an
    extension in the maturity of, the Federal share of any loan under
    this subsection for a period not to exceed five years, if (A) the
    borrower under such loan is a homeowner or a small business
    concern, (B) the loan was made to enable (i) such homeowner to
    repair or replace his home, or (ii) such concern to repair or
    replace plant or equipment which was damaged or destroyed as the
    result of a disaster meeting the requirements of clause (A) or (B)
    of paragraph (2) of this subsection, and (C) the Administrator
    determines such action is necessary to avoid severe financial
    hardship: Provided further, That the provisions of paragraph (1) of
    subsection (c) of this section shall not be applicable to any such
    loan having a maturity in excess of twenty years. Notwithstanding
    the provisions of any other law, the interest rate on the
    Administration's share of any loan made under this subsection,
    except as provided in subsection (c) of this section, shall not
    exceed the average annual interest rate on all interest-bearing
    obligations of the United States then forming a part of the public
    debt as computed at the end of the fiscal year next preceding the
    date of the loan and adjusted to the nearest one-eighth of 1 per
    centum plus one-quarter of 1 per centum: Provided, however, That
    the interest rate for loans made under paragraphs (1) and (2)
    hereof shall not exceed the rate of interest which is in effect at
    the time of the occurrence of the disaster. In agreements to
    participate in loans on a deferred basis under this subsection,
    such participation by the Administration shall not be in excess of
    90 per centum of the balance of the loan outstanding at the time of
    disbursement. Notwithstanding any other provision of law, the
    interest rate on the Administration's share of any loan made
    pursuant to paragraph (1) of this subsection to repair or replace a
    primary residence and/or replace or repair damaged or destroyed
    personal property, less the amount of compensation by insurance or
    otherwise, with respect to a disaster occurring on or after July 1,
    1976, and prior to October 1, 1978, shall be: 1 per centum on the
    amount of such loan not exceeding $10,000, and 3 per centum on the
    amount of such loan over $10,000 but not exceeding $40,000. The
    interest rate on the Administration's share of the first $250,000
    of all other loans made pursuant to paragraph (1) of this
    subsection, with respect to a disaster occurring on or after July
    1, 1976, and prior to October 1, 1978, shall be 3 per centum. All
    repayments of principal on the Administration's share of any loan
    made under the above provisions shall first be applied to reduce
    the principal sum of such loan which bears interest at the lower
    rates provided in this paragraph. The principal amount of any loan
    made pursuant to paragraph (1) in connection with a disaster which
    occurs on or after April 1, 1977, but prior to January 1, 1978, may
    be increased by such amount, but not more than $2,000, as the
    Administration determines to be reasonable in light of the amount
    and nature of loss, damage, or injury sustained in order to finance
    the installation of insulation in the property which was lost,
    damaged, or injured, if the uninsured, damaged portion of the
    property is 10 per centum or more of the market value of the
    property at the time of the disaster. Not later than June 1, 1978,
    the Administration shall prepare and transmit to the Select
    Committee on Small Business of the Senate, the Committee on Small
    Business of the House of Representatives, and the Committees of the
    Senate and House of Representatives having jurisdiction over
    measures relating to energy conservation, a report on its
    activities under this paragraph, including therein an evaluation of
    the effect of such activities on encouraging the installation of
    insulation in property which is repaired or replaced after a
    disaster which is subject to this paragraph, and its
    recommendations with respect to the continuation, modification, or
    termination of such activities.
      In the administration of the disaster loan program under
    paragraphs (1), (2), and (4) of this subsection, in the case of
    property loss or damage or injury resulting from a major disaster
    as determined by the President or a disaster as determined by the
    Administrator which occurs on or after January 1, 1971, and prior
    to July 1, 1973, the Small Business Administration, to the extent
    such loss or damage or injury is not compensated for by insurance
    or otherwise - 
        (A) may make any loan for repair, rehabilitation, or
      replacement of property damaged or destroyed without regard to
      whether the required financial assistance is otherwise available
      from private sources;
        (B) may, in the case of the total destruction or substantial
      property damage of a home or business concern, refinance any
      mortgage or other liens outstanding against the destroyed or
      damaged property if such property is to be repaired,
      rehabilitated, or replaced, except that (1) in the case of a
      business concern, the amount refinanced shall not exceed the
      amount of the physical loss sustained, and (2) in the case of a
      home, the amount of each monthly payment of principal and
      interest on the loan after refinancing under this clause shall
      not be less than the amount of each such payment made prior to
      such refinancing;
        (C) may, in the case of a loan made under clause (A) or a
      mortgage or other lien refinanced under clause (B) in connection
      with the destruction of, or substantial damage to, property owned
      and used as a residence by an individual who by reason of
      retirement, disability, or other similar circumstances relies for
      support on survivor, disability, or retirement benefits under a
      pension, insurance, or other programs, consent to the suspension
      of the payments of the principal of that loan, mortgage, or lien
      during the lifetime of that individual and his spouse for so long
      as the Administration determines that making such payments would
      constitute a substantial hardship;
        (D) shall notwithstanding the provisions of any other law and
      upon presentation by the applicant of proof of loss or damage or
      injury and a bona fide estimate of cost of repair,
      rehabilitation, or replacement, cancel the principal of any loan
      made to cover a loss or damage or injury resulting from such
      disaster, except that - 
          (i) with respect to a loan made in connection with a disaster
        occurring on or after January 1, 1971 but prior to January 1,
        1972, the total amount so canceled shall not exceed $2,500, and
        the interest on the balance of the loan shall be at a rate of 3
        per centum per annum; and
          (ii) with respect to a loan made in connection with a
        disaster occurring on or after January 1, 1972 but prior to
        July 1, 1973, the total amount so canceled shall not exceed
        $5,000 and the interest on the balance of the loan shall be at
        a rate of 1 percentum per annum.

        (E) (!6) A State grant made on or prior to July 1, 1979, shall
      not be considered compensation for the purpose of applying the
      provisions of section 312(a) of the Disaster Relief and Emergency
      Assistance Act [42 U.S.C. 5155(a)] to a disaster loan under
      paragraph (1), (2), or (4) of this subsection.


    With respect to any loan referred to in clause (D) which is
    outstanding on August 16, 1972, the Administrator shall - 
        (i) make such change in the interest rate on the balance of
      such loan as is required under that clause effective as of August
      16, 1972; and
        (ii) in applying the limitation set forth in that clause with
      respect to the total amount of such loan which may be canceled,
      consider as part of the amount so canceled any part of such loan
      which was previously canceled pursuant to section 231 of the
      Disaster Relief Act of 1970 [15 U.S.C. 636a].

      Whoever wrongfully misapplies the proceeds of a loan obtained
    under this subsection shall be civilly liable to the Administrator
    in an amount equal to one-and-one half times the original principal
    amount of the loan.
    (c) Extension or renewal of loans; purchase of participations;
      assumption of obligations; disaster loans; interest rates; loan
      amounts
        (1) The Administration may further extend the maturity of or
      renew any loan made pursuant to this section, or any loan
      transferred to the Administration pursuant to Reorganization Plan
      Numbered 2 of 1954, or Reorganization Plan Numbered 1 of 1957,
      for additional periods not to exceed ten years beyond the period
      stated therein, if such extension or renewal will aid in the
      orderly liquidation of such loan.
        (2) During any period in which principal and interest charges
      are suspended on the Federal share of any loan, as provided in
      subsection (b) of this section, the Administrator shall, upon the
      request of any person, firm, or corporation having a
      participation in such loan, purchase such participation, or
      assume the obligation of the borrower, for the balance of such
      period, to make principal and interest payments on the non-
      Federal share of such loan: Provided, That no such payments
      shall be made by the Administrator in behalf of any borrower
      unless (i) the Administrator determines that such action is
      necessary in order to avoid a default, and (ii) the borrower
      agrees to make payments to the Administration in an aggregate
      amount equal to the amount paid in its behalf by the
      Administrator, in such manner and at such times (during or after
      the term of the loan) as the Administrator shall determine having
      due regard to the purposes sought to be achieved by this
      paragraph.
        (3) With respect to a disaster occurring on or after October 1,
      1978, and prior (!7) August 13, 1981, on the Administration's
      share of loans made pursuant to paragraph (1) of subsection (b)
      of this section - 

          (A) if the loan proceeds are to repair or replace a primary
        residence and/or repair or replace damaged or destroyed
        personal property, the interest rate shall be 3 percent on the
        first $55,000 of such loan;
          (B) if the loan proceeds are to repair or replace property
        damaged or destroyed and if the applicant is a business concern
        which is unable to obtain sufficient credit elsewhere, the
        interest rate shall be as determined by the Administration, but
        not in excess of 5 percent per annum; and
          (C) if the loan proceeds are to repair or replace property
        damaged or destroyed and if the applicant is a business concern
        which is able to obtain sufficient credit elsewhere, the
        interest rate shall not exceed the current average market yield
        on outstanding marketable obligations of the United States with
        remaining periods to maturity comparable to the average
        maturities of such loans and adjusted to the nearest one-eighth
        of 1 percent, and an additional amount as determined by the
        Administration, but not to exceed 1 percent: Provided, That
        three years after such loan is fully disbursed and every two
        years thereafter for the term of the loan, if the
        Administration determines that the borrower is able to obtain a
        loan from non-Federal sources at reasonable rates and terms for
        loans of similar purposes and periods of time, the borrower
        shall, upon request by the Administration, apply for and accept
        such a loan in sufficient amount to repay the Administration:
        Provided further, That no loan under subsection (b)(1) of this
        section shall be made, either directly or in cooperation with
        banks or other lending institutions through agreements to
        participate on an immediate or deferred basis, if the total
        amount outstanding and committed to the borrower under such
        subsection would exceed $500,000 for each disaster, unless an
        applicant constitutes a major source of employment in an area
        suffering a disaster, in which case the Administration, in its
        discretion, may waive the $500,000 limitation.

        (4) Notwithstanding the provisions of any other law, the
      interest rate on the Federal share of any loan made under
      subsection (b) of this section shall be - 
          (A) in the case of a homeowner unable to secure credit
        elsewhere, the rate prescribed by the Administration but not
        more than one-half the rate determined by the Secretary of the
        Treasury taking into consideration the current average market
        yield on outstanding marketable obligations of the United
        States with remaining periods to maturity comparable to the
        average maturities of such loans plus an additional charge of
        not to exceed 1 per centum per annum as determined by the
        Administrator, and adjusted to the nearest one-eighth of 1 per
        centum but not to exceed 8 per centum per annum;
          (B) in the case of a homeowner able to secure credit
        elsewhere, the rate prescribed by the Administration but not
        more than the rate determined by the Secretary of the Treasury
        taking into consideration the current average market yield on
        outstanding marketable obligations of the United States with
        remaining periods to maturity comparable to the average
        maturities of such loans plus an additional charge of not to
        exceed 1 per centum per annum as determined by the
        Administrator, and adjusted to the nearest one-eighth of 1 per
        centum;
          (C) in the case of a business concern unable to obtain credit
        elsewhere, not to exceed 8 per centum per annum;
          (D) in the case of a business concern able to obtain credit
        elsewhere, the rate prescribed by the Administration but not in
        excess of the rate prevailing in private market for similar
        loans and not more than the rate prescribed by the
        Administration as the maximum interest rate for deferred
        participation (guaranteed) loans under subsection (a) of this
        section. Loans under this subparagraph shall be limited to a
        maximum term of three years.

        (5) Notwithstanding the provisions of any other law, the
      interest rate on the Federal share of any loan made under
      subsection (b)(1) and (b)(2) of this section on account of a
      disaster commencing on or after October 1, 1982, shall be - 
          (A) in the case of a homeowner unable to secure credit
        elsewhere, the rate prescribed by the Administration but not
        more than one-half the rate determined by the Secretary of the
        Treasury taking into consideration the current average market
        yield on outstanding marketable obligations of the United
        States with remaining periods to maturity comparable to the
        average maturities of such loan plus an additional charge of
        not to exceed 1 per centum per annum as determined by the
        Administrator, and adjusted to the nearest one-eighth of 1 per
        centum, but not to exceed 4 per centum per annum;
          (B) in the case of a homeowner able to secure credit
        elsewhere, the rate prescribed by the Administration but not
        more than the rate determined by the Secretary of the Treasury
        taking into consideration the current average market yield on
        outstanding marketable obligations of the United States with
        remaining periods to maturity comparable to the average
        maturities of such loans plus an additional charge of not to
        exceed 1 per centum per annum as determined by the
        Administrator, and adjusted to the nearest one-eighth of 1 per
        centum, but not to exceed 8 per centum per annum;
          (C) in the case of a business or other concern, including
        agricultural cooperatives, unable to obtain credit elsewhere,
        not to exceed 4 per centum per annum;
          (D) in the case of a business concern able to obtain credit
        elsewhere, the rate prescribed by the Administration but not in
        excess of the lowest of (i) the rate prevailing in the private
        market for similar loans, (ii) the rate prescribed by the
        Administration as the maximum interest rate for deferred
        participation (guaranteed) loans under subsection (a) of this
        section, or (iii) 8 per centum per annum. Loans under this
        subparagraph shall be limited to a maximum term of three years.

        (6) Notwithstanding the provisions of any other law, such
      loans, subject to the reductions required by subparagraphs (A)
      and (B) of subsection (b)(1) of this section, shall be in amounts
      equal to 100 per centum of loss. The interest rates for loans
      made under subsection (b)(1) and (2) of this section, as
      determined pursuant to paragraph (5), shall be the rate of
      interest which is in effect on the date of the disaster
      commenced: Provided, That no loan under subsection (b)(1) and (2)
      of this section shall be made, either directly or in cooperation
      with banks or other lending institutions through agreements to
      participate on an immediate or deferred (guaranteed) basis, if
      the total amount outstanding and committed to the borrower under
      subsection (b) of this section would exceed $500,000 for each
      disaster unless an applicant constitutes a major source of
      employment in an area suffering a disaster, in which case the
      Administration, in its discretion, may waive the $500,000
      limitation: Provided further, That the Administration, subject to
      the reductions required by subparagraphs (A) and (B) of
      subsection (b)(1) of this section, shall not reduce the amount of
      eligibility for any homeowner on account of loss of real estate
      to less than $100,000 for each disaster nor for any homeowner or
      lessee on account of loss of personal property to less than
      $20,000 for each disaster, such sums being in addition to any
      eligible refinancing: Provided further, That the Administration
      shall not require collateral for loans of $10,000 or less which
      are made under paragraph (1) of subsection (b) of this section.
      Employees of concerns sharing a common business premises shall be
      aggregated in determining "major source of employment" status for
      nonprofit applicants owning such premises.

    With respect to any loan which is outstanding on April 18, 1984,
    and which was made on account of a disaster commencing on or after
    October 1, 1982, the Administrator shall make such change in the
    interest rate on the balance of such loan as is required herein
    effective as of April 18, 1984.
        (7) The Administration shall not withhold disaster assistance
      pursuant to this paragraph to nurseries who are victims of
      drought disasters. As used in subsection (b)(2) of this section
      the term "an area affected by a disaster" includes any county, or
      county contiguous thereto, determined to be a disaster by the
      President, the Secretary of Agriculture or the Administrator of
      the Small Business Administration.
    (d) Funds for small business development centers under section 648
      of this title
      The Administration shall not fund any Small Business Development
    Center or any variation thereof, except as authorized in section
    648 of this title.
    (e) [RESERVED]
    (f) [RESERVED]
    (g) Repealed. Pub. L. 97-35, title XIX, Sec. 1913(c), Aug. 13,
      1981, 95 Stat. 780
    (h) Loans to handicapped persons and organizations for handicapped
      (1) The Administration also is empowered, where other financial
    assistance is not available on reasonable terms, to make such loans
    (either directly or in cooperation with Banks or other lending
    institutions through agreements to participate on an immediate or
    deferred basis) as the Administration may determine to be necessary
    or appropriate - 
        (A) to assist any public or private organization - 
          (i) which is organized under the laws of the United States or
        of any State, operated in the interest of handicapped
        individuals, the net income of which does not inure in whole or
        in part to the benefit of any shareholder or other individual;
          (ii) which complies with any applicable occupational health
        and safety standard prescribed by the Secretary of Labor; and
          (iii) which, in the production of commodities and in the
        provision of services during any fiscal year in which it
        receives financial assistance under this subsection, employs
        handicapped individuals for not less than 75 per centum of the
        man-hours required for the production or provision of the
        commodities or services; or

        (B) to assist any handicapped individual in establishing,
      acquiring, or operating a small business concern.

      (2) The Administration's share of any loan made under this
    subsection shall not exceed $350,000, nor may any such loan be made
    if the total amount outstanding and committed (by participation or
    otherwise) to the borrower from the business loan and investment
    fund established by section 633(c)(1)(B) of this title would exceed
    $350,000. In agreements to participate in loans on a deferred basis
    under this subsection, the Administration's participation may total
    100 per centum of the balance of the loan at the time of
    disbursement. The Administration's share of any loan made under
    this subsection shall bear interest at the rate of 3 per centum per
    annum. The maximum term of any such loan, including extensions and
    renewals thereof, may not exceed fifteen years. All loans made
    under this subsection shall be of such sound value or so secured as
    reasonably to assure repayment: Provided, however, That any
    reasonable doubt shall be resolved in favor of the applicant.
      (3) For purposes of this subsection, the term "handicapped
    individual" means a person who has a physical, mental, or emotional
    impairment, defect, ailment, disease, or disability of a permanent
    nature which in any way limits the selection of any type of
    employment for which the person would otherwise be qualified or
    qualifiable.
    (i) Loans to small business concerns located in urban or rural
      areas with high proportions of unemployed or low-income
      individuals, or owned by low-income individuals
      (1) The Administration also is empowered to make, participate (on
    an immediate basis) in, or guarantee loans, repayable in not more
    than fifteen years, to any small business concern, or to any
    qualified person seeking to establish such a concern, when it
    determines that such loans will further the policies established in
    section 631(b) (!8) of this title, with particular emphasis on the
    preservation or establishment of small business concerns located in
    urban or rural areas with high proportions of unemployed or low-
    income individuals, or owned by low-income individuals: Provided,
    however, That no such loans shall be made, participated in, or
    guaranteed if the total of such Federal assistance to a single
    borrower outstanding at any one time would exceed $100,000. The
    Administration may defer payments on the principal of such loans
    for a grace period and use such other methods as it deems necessary
    and appropriate to assure the successful establishment and
    operation of such concern. The Administration may, in its
    discretion, as a condition of such financial assistance, require
    that the borrower take steps to improve his management skills by
    participating in a management training program approved by the
    Administration: Provided, however, That any management training
    program so approved must be of sufficient scope and duration to
    provide reasonable opportunity for the individuals served to
    develop entrepreneurial and managerial self-sufficiency.

      (2) The Administration shall encourage, as far as possible, the
    participation of the private business community in the program of
    assistance to such concerns, and shall seek to stimulate new
    private lending activities to such concerns through the use of the
    loan guarantees, participations in loans, and pooling arrangements
    authorized by this subsection.
      (3) To insure an equitable distribution between urban and rural
    areas for loans between $3,500 and $100,000 made under this
    subsection, the Administration is authorized to use the agencies
    and agreements and delegations developed under title III of the
    Economic Opportunity Act of 1964, as amended [42 U.S.C. 2841 et
    seq.], as it shall determine necessary.
      (4) The Administration shall provide for the continuing
    evaluation of programs under this subsection, including full
    information on the location, income characteristics, and types of
    businesses and individuals assisted, and on new private lending
    activity stimulated, and the results of such evaluation together
    with recommendations shall be included in the report required by
    section 639(a) of this title.
      (5) Loans made pursuant to this subsection (including immediate
    participation in and guarantees of such loans) shall have such
    terms and conditions as the Administration shall determine, subject
    to the following limitations - 
        (A) there is reasonable assurance of repayment of the loan;
        (B) the financial assistance is not otherwise available on
      reasonable terms from private sources or other Federal, State, or
      local programs;
        (C) the amount of the loan, together with other funds
      available, is adequate to assure completion of the project or
      achievement of the purposes for which the loan is made;
        (D) the loan bears interest at a rate not less than (i) a rate
      determined by the Secretary of the Treasury, taking into
      consideration the average market yield on outstanding Treasury
      obligations of comparable maturity, plus (ii) such additional
      charge, if any, toward covering other costs of the program as the
      Administration may determine to be consistent with its purposes:
      Provided, however, That the rate of interest charged on loans
      made in redevelopment areas designated under the Public Works and
      Economic Development Act of 1965 [42 U.S.C. 3121 et seq.] shall
      not exceed the rate currently applicable to new loans made under
      section 201 of that Act [42 U.S.C. 3141]; and
        (E) fees not in excess of amounts necessary to cover
      administrative expenses and probable losses may be required on
      loan guarantees.

      (6) The Administration shall take such steps as may be necessary
    to insure that, in any fiscal year, at least 50 per centum of the
    amounts loaned or guaranteed pursuant to this subsection are
    allotted to small business concerns located in urban areas
    identified by the Administration as having high concentrations of
    unemployed or low-income individuals or to small business concerns
    owned by low-income individuals. The Administration shall define
    the meaning of low income as it applies to owners of small business
    concerns eligible to be assisted under this subsection.
      (7) No financial assistance shall be extended pursuant to this
    subsection where the Administration determines that the assistance
    will be used in relocating establishments from one area to another
    if such relocation would result in an increase in unemployment in
    the area of original location.
    (j) Financial assistance for projects providing technical or
      management assistance; areas of high concentration of
      unemployment or low-income; preferences; manner and method of
      payment; accessible services; program evaluations; establishment
      of development program; coordination of policies
      (1) The Administration shall provide financial assistance to
    public or private organizations to pay all or part of the cost of
    projects designed to provide technical or management assistance to
    individuals or enterprises eligible for assistance under subsection
    (i) of this section, paragraph (10) of this subsection; and section
    637(a) of this title, with special attention to small businesses
    located in areas of high concentration of unemployed or low-income
    individuals, to small businesses eligible to receive contracts
    pursuant to section 637(a) of this title.
      (2) Financial assistance under this subsection may be provided
    for projects, including, but not limited to - 
        (A) planning and research, including feasibility studies and
      market research;
        (B) the identification and development of new business
      opportunities;
        (C) the furnishing of centralized services with regard to
      public services and Federal Government programs including
      programs authorized under subsection (i) of this section;
      paragraph (10) of this subsection, and section 637(a) of this
      title;
        (D) the establishment and strengthening of business service
      agencies, including trade associations and cooperatives; and
        (E) the furnishing of business counseling, management training,
      and legal and other related services, with special emphasis on
      the development of management training programs using the
      resources of the business community, including the development of
      management training opportunities in existing business, and with
      emphasis in all cases upon providing management training of
      sufficient scope and duration to develop entrepreneurial and
      managerial self-sufficiency on the part of the individuals
      served.

      (3) The Administration shall encourage the placement of
    subcontracts by businesses with small business concerns located in
    areas of high concentration of unemployed or low-income
    individuals, with small businesses owned by low-income individuals,
    and with small businesses eligible to receive contracts pursuant to
    section 637(a) of this title. The Administration may provide
    incentives and assistance to such businesses that will aid in the
    training and upgrading of potential subcontractors or other small
    business concerns eligible for assistance under subsections (i) and
    (j) of this section, and section 637(a) of this title.
      (4) The Administration shall give preference to projects which
    promote the ownership, participation in ownership, or management of
    small businesses owned by low-income individuals and small
    businesses eligible to receive contracts pursuant to section 637(a)
    of this title.
      (5) The financial assistance authorized for projects under this
    subsection includes assistance advanced by grant, agreement, or
    contract.
      (6) The Administration is authorized to make payments under
    grants and contracts entered into under this subsection in lump sum
    or installments, and in advance or by way of reimbursement, and in
    the case of grants, with necessary adjustments on account of
    overpayments or underpayments.
      (7) To the extent feasible, services under this subsection shall
    be provided in a location which is easily accessible to the
    individuals and small business concerns served.
      (8) Repealed. Pub. L. 101-574, title II, Sec. 242(2), Nov. 15,
    1990, 104 Stat. 2827.
      (9) The Administration shall take such steps as may be necessary
    and appropriate, in coordination and cooperation with the heads of
    other Federal departments and agencies, to insure that contracts,
    subcontracts, and deposits made by the Federal Government or with
    programs aided with Federal funds are placed in such way as to
    further the purposes of subsections (i) and (j) of this section and
    section 637(a) of this title.
      (10) There is established within the Administration a small
    business and capital ownership development program (hereinafter
    referred to as the "Program") which shall provide assistance
    exclusively for small business concerns eligible to receive
    contracts pursuant to section 637(a) of this title. The program,
    and all other services and activities authorized under this
    subsection and section 637(a) of this title, shall be managed by
    the Associate Administrator for Minority Small Business and Capital
    Ownership Development under the supervision of, and responsible to,
    the Administrator.
        (A) The Program shall - 
          (i) assist small business concerns participating in the
        Program (either through public or private organizations) to
        develop and maintain comprehensive business plans which set
        forth the Program Participant's specific business targets,
        objectives, and goals developed and maintained in conformity
        with subparagraph (D).(!9)

          (ii) provide for such other nonfinancial services as deemed
        necessary for the establishment, preservation, and growth of
        small business concerns participating in the Program, including
        but not limited to (I) loan packaging, (II) financial
        counseling, (III) accounting and bookkeeping assistance, (IV)
        marketing assistance, and (V) management assistance;
          (iii) assist small business concerns participating in the
        Program to obtain equity and debt financing;
          (iv) establish regular performance monitoring and reporting
        systems for small business concerns participating in the
        Program to assure compliance with their business plans;
          (v) analyze and report the causes of success and failure of
        small business concerns participating in the Program; and
          (vi) provide assistance necessary to help small business
        concerns participating in the Program to procure surety bonds,
        with such assistance including, but not limited to, (I) the
        preparation of application forms required to receive a surety
        bond, (II) special management and technical assistance designed
        to meet the specific needs of small business concerns
        participating in the Program and which have received or are
        applying to receive a surety bond, and (III) preparation of all
        forms necessary to receive a surety bond guarantee from the
        Administration pursuant to title IV, part B of the Small
        Business Investment Act of 1958 [15 U.S.C. 694a et seq.].

        (B) Small business concerns eligible to receive contracts
      pursuant to section 637(a) of this title shall participate in the
      Program.
        (C)(i) A small business concern participating in any program or
      activity conducted under the authority of this paragraph or
      eligible for the award of contracts pursuant to section 637(a) of
      this title on September 1, 1988, shall be permitted continued
      participation and eligibility in such program or activity for a
      period of time which is the greater of - 
          (I) 9 years less the number of years since the award of its
        first contract pursuant to section 637(a) of this title; or
          (II) its original fixed program participation term (plus any
        extension thereof) assigned prior to November 15, 1988, plus
        eighteen months.

        (ii) Nothing contained in this subparagraph shall be deemed to
      prevent the Administration from instituting a termination or
      graduation pursuant to subparagraph (F) or (H) for issues
      unrelated to the expiration of any time period limitation.
        (D)(i) Promptly after certification under paragraph (11) a
      Program Participant shall submit a business plan (hereinafter
      referred to as the "plan") as described in clause (ii) of this
      subparagraph for review by the Business Opportunity Specialist
      assigned to assist such Program Participant. The plan may be a
      revision of a preliminary business plan submitted by the Program
      Participant or required by the Administration as a part of the
      application for certification under this section and shall be
      designed to result in the Program Participant eliminating the
      conditions or circumstances upon which the Administration
      determined eligibility pursuant to section 637(a)(6) of this
      title. Such plan, and subsequent modifications submitted under
      clause (iii) of this subparagraph, shall be approved by the
      business opportunity specialist prior to the Program Participant
      being eligible for award of a contract pursuant to section 637(a)
      of this title.
        (ii) The plans submitted under this subparagraph shall include
      the following:
          (I) An analysis of market potential, competitive environment,
        and other business analyses estimating the Program
        Participant's prospects for profitable operations during the
        term of program participation and after graduation.
          (II) An analysis of the Program Participant's strengths and
        weaknesses with particular attention to correcting any
        financial, managerial, technical, or personnel conditions which
        are likely to impede the small business concern from receiving
        contracts other than those awarded under section 637(a) of this
        title.
          (III) Specific targets, objectives, and goals, for the
        business development of the Program Participant during the next
        and succeeding years utilizing the results of the analyses
        conducted pursuant to subclauses (I) and (II).
          (IV) A transition management plan outlining specific steps to
        assure profitable business operations after graduation (to be
        incorporated into the Program Participant's plan during the
        first year of the transitional stage of Program participation).
          (V) Estimates of contract awards pursuant to section 637(a)
        of this title and from other sources, which the Program
        Participant will require to meet the specific targets,
        objectives, and goals for the years covered by its plan. The
        estimates established shall be consistent with the provisions
        of subparagraph (I) and section 637(a) of this title.

        (iii) Each Program Participant shall annually review its
      currently approved plan with its Business Opportunity Specialist
      and modify such plan as may be appropriate. Any modified plan
      shall be submitted to the Administration for approval. The
      currently approved plan shall be considered valid until such time
      as a modified plan is approved by the Business Opportunity
      Specialist. Annual reviews pertaining to years in the
      transitional stage of program participation shall require, as
      appropriate, a written verification that such Program Participant
      has complied with the requirements of subparagraph (I) relating
      to attaining business activity from sources other than contracts
      awarded pursuant to section 637(a) of this title.
        (iv) Each Program Participant shall annually forecast its needs
      for contract awards under section 637(a) of this title for the
      next program year and the succeeding program year during the
      review of its business plan, conducted pursuant to clause (iii).
      Such forecast shall be known as the section 8(a) [15 U.S.C.
      637(a)] contract support level and shall be included in the
      Program Participant's business plan. Such forecast shall include -
       
          (I) the aggregate dollar value of contract support to be
        sought on a noncompetitive basis under section 637(a) of this
        title, reflecting compliance with the requirements of
        subparagraph (I) relating to attaining business activity from
        sources other than contracts awarded pursuant to section 637(a)
        of this title,
          (II) the types of contract opportunities being sought,
        identified by Standard Industrial Classification (SIC) Code or
        otherwise,
          (III) an estimate of the dollar value of contract support to
        be sought on a competitive basis, and
          (IV) such other information as may be requested by the
        Business Opportunity Specialist to provide effective business
        development assistance to the Program Participant.

        (E) A small business concern participating in the program
      conducted under the authority of this paragraph and eligible for
      the award of contracts pursuant to section 637(a) of this title
      shall be denied all such assistance if such concern - 
          (i) voluntarily elects not to continue participation;
          (ii) completes the period of Program participation as
        prescribed by paragraph (15);
          (iii) is terminated pursuant to a termination proceeding
        conducted in accordance with section 637(a)(9) of this title;
        or
          (iv) is graduated pursuant to a graduation proceeding
        conducted in accordance with section 637(a)(9) of this title.

        (F) For purposes of this section and section 637(a) of this
      title, the term "terminated" and the term "termination" means the
      total denial or suspension of assistance under this paragraph or
      under section 637(a) of this title prior to the graduation of the
      participating small business concern or prior to the expiration
      of the maximum program participation term. An action for
      termination shall be based upon good cause, including - 
          (i) the failure by such concern to maintain its eligibility
        for Program participation;
          (ii) the failure of the concern to engage in business
        practices that will promote its competitiveness within a
        reasonable period of time as evidenced by, among other
        indicators, a pattern of unjustified delinquent performance or
        terminations for default with respect to contracts awarded
        under the authority of section 637(a) of this title;
          (iii) a demonstrated pattern of failing to make required
        submissions or responses to the Administration in a timely
        manner;
          (iv) the willful violation of any rule or regulation of the
        Administration pertaining to material issues;
          (v) the debarment of the concern or its disadvantaged owners
        by any agency pursuant to subpart 9.4 of title 48, Code of
        Federal Regulations (or any successor regulation); or
          (vi) the conviction of the disadvantaged owner or an officer
        of the concern for any offense indicating a lack of business
        integrity including any conviction for embezzlement, theft,
        forgery, bribery, falsification or violation of section 645 of
        this title. For purposes of this clause, no termination action
        shall be taken with respect to a disadvantaged owner solely
        because of the conviction of an officer of the concern (who is
        other than a disadvantaged owner) unless such owner conspired
        with, abetted, or otherwise knowingly acquiesced in the
        activity or omission that was the basis of such officer's
        conviction.

        (G) The Director of the Division may initiate a termination
      proceeding by recommending such action to the Associate
      Administrator for Minority Small Business and Capital Ownership
      Development. Whenever the Associate Administrator, or a designee
      of such officer, determines such termination is appropriate,
      within 15 days after making such a determination the Program
      Participant shall be provided a written notice of intent to
      terminate, specifying the reasons for such action. No Program
      Participant shall be terminated from the Program pursuant to
      subparagraph (F) without first being afforded an opportunity for
      a hearing in accordance with section 637(a)(9) of this title.
        (H) For the purposes of this subsection and section 637(a) of
      this title the term "graduated" or "graduation" means that the
      Program Participant is recognized as successfully completing the
      program by substantially achieving the targets, objectives, and
      goals contained in the concern's business plan thereby
      demonstrating its ability to compete in the marketplace without
      assistance under this section or section 637(a) of this title.
        (I)(i) During the developmental stage of its participation in
      the Program, a Program Participant shall take all reasonable
      efforts within its control to attain the targets contained in its
      business plan for contracts awarded other than pursuant to
      section 637(a) of this title (hereinafter referred to as
      "business activity targets."). Such efforts shall be made a part
      of the business plan and shall be sufficient in scope and
      duration to satisfy the Administration that the Program
      Participant will engage a reasonable marketing strategy that will
      maximize its potential to achieve its business activity targets.
        (ii) During the transitional stage of the Program a Program
      Participant shall be subject to regulations regarding business
      activity targets that are promulgated by the Administration
      pursuant to clause (iii);
        (iii) The regulations referred to in clause (ii) shall:
          (I) establish business activity targets applicable to Program
        Participants during the fifth year and each succeeding year of
        Program Participation; such targets, for such period of time,
        shall reflect a reasonably consistent increase in contracts
        awarded other than pursuant to section 637(a) of this title,
        expressed as a percentage of total sales; when promulgating
        business activity targets the Administration may establish
        modified targets for Program Participants that have
        participated in the Program for a period of longer than four
        years on June 1, 1989;
          (II) require a Program Participant to attain its business
        activity targets;
          (III) provide that, before the receipt of any contract to be
        awarded pursuant to section 637(a) of this title, the Program
        Participant (if it is in the transitional stage) must certify
        that it has complied with the regulations promulgated pursuant
        to subclause (II), or that it is in compliance with such
        remedial measures as may have been ordered pursuant to
        regulations issued under subclause (V);
          (IV) require the Administration to review each Program
        Participant's performance regarding attainment of business
        activity targets during periodic reviews of such Participant's
        business plan; and
          (V) authorize the Administration to take appropriate remedial
        measures with respect to a Program Participant that has failed
        to attain a required business activity target for the purpose
        of reducing such Participant's dependence on contracts awarded
        pursuant to section 637(a) of this title; such remedial actions
        may include, but are not limited to assisting the Program
        Participant to expand the dollar volume of its competitive
        business activity or limiting the dollar volume of contracts
        awarded to the Program Participant pursuant to section 637(a)
        of this title; except for actions that would constitute a
        termination, remedial measures taken pursuant to this subclause
        shall not be reviewable pursuant to section 637(a)(9) of this
        title.

        (J)(i) The Administration shall conduct an evaluation of a
      Program Participant's eligibility for continued participation in
      the Program whenever it receives specific and credible
      information alleging that such Program Participant no longer
      meets the requirements for Program eligibility. Upon making a
      finding that a Program Participant is no longer eligible, the
      Administration shall initiate a termination proceeding in
      accordance with subparagraph (F). A Program Participant's
      eligibility for award of any contract under the authority of
      section 637(a) of this title may be suspended pursuant to subpart
      9.4 of title 48, Code of Federal Regulations (or any successor
      regulation).
        (ii)(I) Except as authorized by subclauses (II) or (III), no
      award shall be made pursuant to section 637(a) of this title to a
      concern other than a small business concern.
        (II) In determining the size of a small business concern owned
      by a socially and economically disadvantaged Indian tribe (or a
      wholly owned business entity of such tribe), each firm's size
      shall be independently determined without regard to its
      affiliation with the tribe, any entity of the tribal government,
      or any other business enterprise owned by the tribe, unless the
      Administrator determines that one or more such tribally owned
      business concerns have obtained, or are likely to obtain, a
      substantial unfair competitive advantage within an industry
      category.
        (III) Any joint venture established under the authority of
      section 602(b) of Public Law 100-656, the "Business Opportunity
      Development Reform Act of 1988", shall be eligible for award of a
      contract pursuant to section 637(a) of this title.

      (11)(A) The Associate Administrator for Minority Small Business
    and Capital Ownership Development shall be responsible for
    coordinating and formulating policies relating to Federal
    assistance to small business concerns eligible for assistance under
    subsection (i) of this section and small business concerns eligible
    to receive contracts pursuant to section 637(a) of this title.
      (B)(i) Except as provided in clause (iii), no individual who was
    determined pursuant to section 637(a) of this title to be socially
    and economically disadvantaged before August 15, 1989, shall be
    permitted to assert such disadvantage with respect to any other
    concern making application for certification after August 15, 1989.
      (ii) Except as provided in clause (iii), any individual upon whom
    eligibility is based pursuant to section 637(a)(4) of this title
    shall be permitted to assert such eligibility for only one small
    business concern.
      (iii) A socially and economically disadvantaged Indian tribe may
    own more than one small business concern eligible for assistance
    pursuant to paragraph (10) and section 637(a) of this title if - 
        (I) the Indian tribe does not own another firm in the same
      industry which has been determined to be eligible to receive
      contracts under this program, and
        (II) the individuals responsible for the management and daily
      operations of the concern do not manage more than two Program
      Participants.

      (C) No concern, previously eligible for the award of contracts
    pursuant to section 637(a) of this title, shall be subsequently
    recertified for program participation if its prior participation in
    the program was concluded for any of the reasons described in
    paragraph (10)(E).
      (D) A concern eligible for the award of contracts pursuant to
    this subsection shall remain eligible for such contracts if there
    is a transfer of ownership and control (as defined pursuant to
    section 637(a)(4) of this title) to individuals who are determined
    to be socially and economically disadvantaged pursuant to section
    637(a) of this title. In the event of such a transfer, the concern,
    if not terminated or graduated, shall be eligible for a period of
    continued participation in the program not to exceed the time
    limitations prescribed in paragraph (15).
      (E) There is established a Division of Program Certification and
    Eligibility (hereinafter referred to in this paragraph as the
    "Division") that shall be made part of the Office of Minority Small
    Business and Capital Ownership Development. The Division shall be
    headed by a Director who shall report directly to the Associate
    Administrator for Minority Small Business and Capital Ownership
    Development. The Division shall establish field offices within such
    regional offices of the Administration as may be necessary to
    perform efficiently its functions and responsibilities.
      (F) Subject to the provisions of section 637(a)(9) of this title,
    the functions and responsibility of the Division are to - 
        (i) receive, review and evaluate applications for certification
      pursuant to paragraphs (4), (5), (6) and (7) of section 637(a) of
      this title;
        (ii) advise each program applicant within 15 days after the
      receipt of an application as to whether such application is
      complete and suitable for evaluation and, if not, what matters
      must be rectified;
        (iii) render recommendations on such applications to the
      Associate Administrator for Minority Small Business and Capital
      Ownership Development;
        (iv) review and evaluate financial statements and other
      submissions from concerns participating in the program
      established by paragraph (10) to ascertain continued eligibility
      to receive subcontracts pursuant to section 637(a) of this title;
        (v) make a request for the initiation of termination or
      graduation proceedings, as appropriate, to the Associate
      Administrator for Minority Small Business and Capital Ownership
      Development;
        (vi) make recommendations to the Associate Administrator for
      Minority Small Business and Capital Ownership Development
      concerning protests from applicants that have been denied program
      admission;
        (vii) decide protests regarding the status of a concern as a
      disadvantaged concern for purposes of any program or activity
      conducted under the authority of subsection (d) of section 637 of
      this title, or any other provision of Federal law that references
      such subsection for a definition of program eligibility; and
        (viii) implement such policy directives as may be issued by the
      Associate Administrator for Minority Small Business and Capital
      Ownership Development pursuant to subparagraph (I) regarding,
      among other things, the geographic distribution of concerns to be
      admitted to the program and the industrial make-up of such
      concerns.

      (G) An applicant shall not be denied admission into the program
    established by paragraph (10) due solely to a determination by the
    Division that specific contract opportunities are unavailable to
    assist in the development of such concern unless - 
        (i) the Government has not previously procured and is unlikely
      to procure the types of products or services offered by the
      concern; or
        (ii) the purchases of such products or services by the Federal
      Government will not be in quantities sufficient to support the
      developmental needs of the applicant and other Program
      Participants providing the same or similar items or services.

      (H) Not later than 90 days after receipt of a completed
    application for Program certification, the Associate Administrator
    for Minority Small Business and Capital Ownership Development shall
    certify a small business concern as a Program Participant or shall
    deny such application.
      (I) Thirty days before the conclusion of each fiscal year, the
    Director of the Division shall review all concerns that have been
    admitted into the Program during the preceding 12-month period. The
    review shall ascertain the number of entrants, their geographic
    distribution and industrial classification. The Director shall also
    estimate the expected growth of the Program during the next fiscal
    year and the number of additional Business Opportunity Specialists,
    if any, that will be needed to meet the anticipated demand for the
    Program. The findings and conclusions of the Director shall be
    reported to the Associate Administrator for Minority Small Business
    and Capital Ownership Development by September 30 of each year.
    Based on such report and such additional data as may be relevant,
    the Associate Administrator shall, by October 31 of each year,
    issue policy and program directives applicable to such fiscal year
    that - 
        (i) establish priorities for the solicitation of program
      applications from underrepresented regions and industry
      categories;
        (ii) assign staffing levels and allocate other program
      resources as necessary to meet program needs; and
        (iii) establish priorities in the processing and admission of
      new Program Participants as may be necessary to achieve an
      equitable geographic distribution of concerns and a distribution
      of concerns across all industry categories in proportions needed
      to increase significantly contract awards to small business
      concerns owned and controlled by socially and economically
      disadvantaged individuals. When considering such increase the
      Administration shall give due consideration to those industrial
      categories where Federal purchases have been substantial but
      where the participation rate of such concerns has been limited.

      (12)(A) The Administration shall segment the Capital Ownership
    Development Program into two stages: a developmental stage; and a
    transitional stage.
      (B) The developmental stage of program participation shall be
    designed to assist the concern in its effort to overcome its
    economic disadvantage by providing such assistance as may be
    necessary and appropriate to access its markets and to strengthen
    its financial and managerial skills.
      (C) The transitional stage of program participation shall be
    designed to overcome, insofar as practicable, the remaining
    elements of economic disadvantage and to prepare such concern for
    graduation from the program.
      (13) A Program Participant, if otherwise eligible, shall be
    qualified to receive the following assistance during the stages of
    program participation specified in paragraph 12: (!10)

        (A) Contract support pursuant to section 637(a) of this title.
        (B) Financial assistance pursuant to subsection (a)(20) of this
      section.
        (C) A maximum of two exemptions from the requirements of
      section 35(a) (!11) of title 41, which exemptions shall apply
      only to contracts awarded pursuant to section 637(a) of this
      title and shall only be used to allow for contingent agreements
      by a small business concern to acquire the machinery, equipment,
      facilities, or labor needed to perform such contracts. No
      exemption shall be made pursuant to this subparagraph if the
      contract to which it pertains has an anticipated value in excess
      of $10,000,000. This subparagraph shall cease to be effective on
      October 1, 1992.

        (D) A maximum of five exemptions from the requirements of
      sections 3131 and 3133 of title 40, which exemptions shall apply
      only to contracts awarded pursuant to section 637(a) of this
      title, except that, such exemptions may be granted under this
      subparagraph only if - 
          (i) the Administration finds that such concern is unable to
        obtain the requisite bond or bonds from a surety and that no
        surety is willing to issue a bond subject to the guarantee
        provision of title IV of the Small Business Investment Act of
        1958 (15 U.S.C. 692 et seq.);
          (ii) the Administration and the agency providing the
        contracting opportunity have provided for the protection of
        persons furnishing materials or labor to the Program
        Participant by arranging for the direct disbursement of funds
        due to such persons by the procuring agency or through any bank
        the deposits of which are insured by the Federal Deposit
        Insurance Corporation; and
          (iii) the contract to which it pertains does not exceed
        $3,000,000 in amount. This subparagraph shall cease to be
        effective on October 1, 1994.

        (E) Financial assistance whereby the Administration may
      purchase in whole or in part, and on behalf of such concerns,
      skills training or upgrading for employees or potential employees
      of such concerns. Such assistance may be made without regard to
      section 647(a) of this title. Assistance may be made by direct
      payment to the training provider or by reimbursing the Program
      Participant or the Participant's employee, if such reimbursement
      is found to be reasonable and appropriate. For purposes of this
      subparagraph the term "training provider" shall mean an
      institution of higher education, a community or vocational
      college, or an institution eligible to provide skills training or
      upgrading under title I of the Workforce Investment Act of 1998
      [29 U.S.C. 2801 et seq.]. The Administration shall, in
      consultation with the Secretary of Labor, promulgate rules and
      regulations to implement this subparagraph that establish
      acceptable training and upgrading performance standards and
      provide for such monitoring or audit requirements as may be
      necessary to ensure the integrity of the training effort. No
      financial assistance shall be granted under the subparagraph
      unless the Administrator determines that - 
          (i) such concern has documented that it has first explored
        the use of existing cost-free or cost-subsidized training
        programs offered by public and private sector agencies working
        with programs of employment and training and economic
        development;
          (ii) no more than five employees or potential employees of
        such concern are recipients of any benefits under this
        subparagraph at any one time;
          (iii) no more than $2,500 shall be made available for any one
        employee or potential employee;
          (iv) the length of training or upgrading financed by this
        subparagraph shall be no less than one month nor more than six
        months;
          (v) such concern has given adequate assurance it will employ
        the trainee or upgraded employee for at least six months after
        the training or upgrading financed by this subparagraph has
        been completed and each trainee or upgraded employee has
        provided a similar assurance to remain within the employ of
        such concern for such period; if such concern, trainee, or
        upgraded employee breaches this agreement, the Administration
        shall be entitled to and shall make diligent efforts to obtain
        from the violating party the repayment of all funds expended on
        behalf of the violating party, such repayment shall be made to
        the Administration together with such interest and costs of
        collection as may be reasonable; the violating party shall be
        barred from receiving any further assistance under this
        subparagraph;
          (vi) the training to be financed may take place either at
        such concern's facilities or at those of the training provider;
        and
          (vii) such concern will maintain such records as the
        Administration deems appropriate to ensure that the provisions
        of this paragraph and any other applicable law have not been
        violated.

        (F) The transfer of technology or surplus property owned by the
      United States to such a concern. Activities designed to effect
      such transfer shall be developed in cooperation with the heads of
      Federal agencies and shall include the transfer by grant,
      license, or sale of such technology or property to such a
      concern. Such property may be transferred to Program Participants
      on a priority basis. Technology or property transferred under
      this subparagraph shall be used by the concern during the normal
      conduct of its business operation and shall not be sold or
      transferred to any other party (other than the Government) during
      such concern's term of participation in the Program and for one
      year thereafter.
        (G) Training assistance whereby the Administration shall
      conduct training sessions to assist individuals and enterprises
      eligible to receive contracts under section 637(a) of this title
      in the development of business principles and strategies to
      enhance their ability to successfully compete for contracts in
      the marketplace.
        (H) Joint ventures, leader-follower arrangements, and teaming
      agreements between the Program Participant and other Program
      Participants and other business concerns with respect to
      contracting opportunities for the research, development, full-
      scale engineering or production of major systems. Such
      activities shall be undertaken on the basis of programs developed
      by the agency responsible for the procurement of the major
      system, with the assistance of the Administration.
        (I) Transitional management business planning training and
      technical assistance.
        (J) Program Participants in the developmental stage of Program
      participation shall be eligible for the assistance provided by
      subparagraphs (A), (B), (C), (D), (E), (F), and (G).

      (14) Program Participants in the transitional stage of Program
    participation shall be eligible for the assistance provided by
    subparagraphs (A), (B), (F), (G), (H), and (I) of paragraph (13).
      (15) Subject to the provisions of paragraph (10)(C), a small
    business concern may receive developmental assistance under the
    Program and contracts under section 637(a) of this title for a
    total period of not longer than nine years, measured from the date
    of its certification under the authority of such section, of which -
     
        (A) no more than four years may be spent in the developmental
      stage of Program Participation; and
        (B) no more than five years may be spent in the transitional
      stage of Program Participation.

      (16)(A) The Administrator shall develop and implement a process
    for the systematic collection of data on the operations of the
    Program established pursuant to paragraph (10).
      (B) Not later than April 30 of each year, the Administrator shall
    submit a report to the Congress on the Program that shall include
    the following:
        (i) The average personal net worth of individuals who own and
      control concerns that were initially certified for participation
      in the Program during the immediately preceding fiscal year. The
      Administrator shall also indicate the dollar distribution of net
      worths, at $50,000 increments, of all such individuals found to
      be socially and economically disadvantaged. For the first report
      required pursuant to this paragraph the Administrator shall also
      provide the data specified in the preceding sentence for all
      eligible individuals in the Program as of November 15, 1988.
        (ii) A description and estimate of the benefits and costs that
      have accrued to the economy and the Government in the immediately
      preceding fiscal year due to the operations of those business
      concerns that were performing contracts awarded pursuant to
      section 637(a) of this title.
        (iii) A compilation and evaluation of those business concerns
      that have exited the Program during the immediately preceding
      three fiscal years. Such compilation and evaluation shall detail
      the number of concerns actively engaged in business operations,
      those that have ceased or substantially curtailed such
      operations, including the reasons for such actions, and those
      concerns that have been acquired by other firms or organizations
      owned and controlled by other than socially and economically
      disadvantaged individuals. For those businesses that have
      continued operations after they exited from the Program, the
      Administrator shall also separately detail the benefits and costs
      that have accrued to the economy during the immediately preceding
      fiscal year due to the operations of such concerns.
        (iv) A listing of all participants in the Program during the
      preceding fiscal year identifying, by State and by Region, for
      each firm: the name of the concern, the race or ethnicity, and
      gender of the disadvantaged owners, the dollar value of all
      contracts received in the preceding year, the dollar amount of
      advance payments received by each concern pursuant to contracts
      awarded under section 637(a) of this title, and a description
      including (if appropriate) an estimate of the dollar value of all
      benefits received pursuant to paragraphs (13) and (14) and
      subsection (a)(20) of this section during such year.
        (v) The total dollar value of contracts and options awarded
      during the preceding fiscal year pursuant to section 637(a) of
      this title and such amount expressed as a percentage of total
      sales of (I) all firms participating in the Program during such
      year; and (II) of firms in each of the nine years of program
      participation.
        (vi) A description of such additional resources or program
      authorities as may be required to provide the types of services
      needed over the next two-year period to service the expected
      portfolio of firms certified pursuant to section 637(a) of this
      title.
        (vii) The total dollar value of contracts and options awarded
      pursuant to section 637(a) of this title, at such dollar
      increments as the Administrator deems appropriate, for each four
      digit standard industrial classification code under which such
      contracts and options were classified.

      (C) The first report required by subparagraph (B) shall pertain
    to fiscal year 1990.
    (k) Functions relating to loans and financial assistance for
      projects providing technical or management assistance to
      individuals or enterprises eligible for assistance as small
      business concerns located in urban or rural areas with high
      proportions of unemployed or low-income individuals, or owned by
      low-income individuals
      In carrying out its functions under subsections (i) and (j) of
    this section and section 637(a) of this title, the Administration
    is authorized - 
        (1) to utilize, with their consent, the services and facilities
      of Federal agencies without reimbursement, and, with the consent
      of any State or political subdivision of a State, accept and
      utilize the services and facilities of such State or subdivision
      without reimbursement;
        (2) to accept, in the name of the Administration, and employ or
      dispose of in furtherance of the purposes of this chapter, any
      money or property, real, personal, or mixed, tangible, or
      intangible, received by gift, devise, bequest, or otherwise;
        (3) to accept voluntary and uncompensated services,
      notwithstanding the provisions of section 1342 of title 31; and
        (4) to employ experts and consultants or organizations thereof
      as authorized by section 3109 of title 5, except that no
      individual may be employed under the authority of this subsection
      for more than one hundred days in any fiscal year; to compensate
      individuals so employed at rates not in excess of the daily
      equivalent of the highest rate payable under section 5332 of
      title 5, including traveltime; and to allow them, while away from
      their homes or regular places of business, travel expenses
      (including per diem in lieu of subsistence) as authorized by
      section 5703 of title 5 for persons in the Government service
      employed intermittently, while so employed: Provided, however,
      That contracts for such employment may be renewed annually.
    (l) [RESERVED]
    (m) Microloan Program
      (1)(A) Purposes
        The purposes of the Microloan Program are - 
          (i) to assist women, low-income, veteran (within the meaning
        of such term under section 632(q) of this title), and minority
        entrepreneurs and business owners and other such individuals
        possessing the capability to operate successful business
        concerns;
          (ii) to assist small business concerns in those areas
        suffering from a lack of credit due to economic downturns;
          (iii) to establish a microloan program to be administered by
        the Small Business Administration - 
            (I) to make loans to eligible intermediaries to enable such
          intermediaries to provide small-scale loans, particularly
          loans in amounts averaging not more than $10,000, to startup,
          newly established, or growing small business concerns for
          working capital or the acquisition of materials, supplies, or
          equipment;
            (II) to make grants to eligible intermediaries that,
          together with non-Federal matching funds, will enable such
          intermediaries to provide intensive marketing, management,
          and technical assistance to microloan borrowers;
            (III) to make grants to eligible nonprofit entities that,
          together with non-Federal matching funds, will enable such
          entities to provide intensive marketing, management, and
          technical assistance to assist low-income entrepreneurs and
          other low-income individuals obtain private sector financing
          for their businesses, with or without loan guarantees; and
            (IV) to report to the Committees on Small Business of the
          Senate and the House of Representatives on the effectiveness
          of the microloan program and the advisability and feasibility
          of implementing such a program nationwide; and

          (iv) to establish a welfare-to-work microloan initiative,
        which shall be administered by the Administration, in order to
        test the feasibility of supplementing the technical assistance
        grants provided under clauses (ii) and (iii) of subparagraph
        (B) to individuals who are receiving assistance under the State
        program funded under part A of title IV of the Social Security
        Act (42 U.S.C. 601 et seq.), or under any comparable State
        funded means tested program of assistance for low-income
        individuals, in order to adequately assist those individuals in
        - 
            (I) establishing small businesses; and
            (II) eliminating their dependence on that assistance.
      (B) Establishment
        There is established a microloan program, under which the
      Administration may - 
          (i) make direct loans to eligible intermediaries, as provided
        under paragraph (3), for the purpose of making short-term,
        fixed interest rate microloans to startup, newly established,
        and growing small business concerns under paragraph (6);
          (ii) in conjunction with such loans and subject to the
        requirements of paragraph (4), make grants to such
        intermediaries for the purpose of providing intensive
        marketing, management, and technical assistance to small
        business concerns that are borrowers under this subsection; and
          (iii) subject to the requirements of paragraph (5), make
        grants to nonprofit entities for the purpose of providing
        marketing, management, and technical assistance to low-income
        individuals seeking to start or enlarge their own businesses,
        if such assistance includes working with the grant recipient to
        secure loans in amounts not to exceed $35,000 from private
        sector lending institutions, with or without a loan guarantee
        from the nonprofit entity.
      (2) Eligibility for participation
        An intermediary shall be eligible to receive loans and grants
      under subparagraphs (B)(i) and (B)(ii) of paragraph (1) if it - 
          (A) meets the definition in paragraph (10); (!12) and

          (B) has at least 1 year of experience making microloans to
        startup, newly established, or growing small business concerns
        and providing, as an integral part of its microloan program,
        intensive marketing, management, and technical assistance to
        its borrowers.
      (3) Loans to intermediaries
        (A) Intermediary applications
          (i) In general
            As part of its application for a loan, each intermediary
          shall submit a description to the Administration of - 
              (I) the type of businesses to be assisted;
              (II) the size and range of loans to be made;
              (III) the geographic area to be served and its economic,
            poverty, and unemployment characteristics;
              (IV) the status of small business concerns in the area to
            be served and an analysis of their credit and technical
            assistance needs;
              (V) any marketing, management, and technical assistance
            to be provided in connection with a loan made under this
            subsection;
              (VI) the local economic credit markets, including the
            costs associated with obtaining credit locally;
              (VII) the qualifications of the applicant to carry out
            the purpose of this subsection; and
              (VIII) any plan to involve other technical assistance
            providers (such as counselors from the Service Corps of
            Retired Executives or small business development centers)
            or private sector lenders in assisting selected business
            concerns.
          (ii) Selection of intermediaries
            In selecting intermediaries to participate in the program
          established under this subsection, the Administration shall
          give priority to those applicants that provide loans in
          amounts averaging not more than $10,000.
        (B) Intermediary contribution
          As a condition of any loan made to an intermediary under
        subparagraph (B)(i) of paragraph (1), the Administration shall
        require the intermediary to contribute not less than 15 percent
        of the loan amount in cash from non-Federal sources.
        (C) Loan limits
          Notwithstanding subsection (a)(3) of this section, no loan
        shall be made under this subsection if the total amount
        outstanding and committed to one intermediary (excluding
        outstanding grants) from the business loan and investment fund
        established by this chapter would, as a result of such loan,
        exceed $750,000 in the first year of such intermediary's
        participation in the program, and $3,500,000 in the remaining
        years of the intermediary's participation in the program.
        (D)(i) In general
          The Administrator shall, by regulation, require each
        intermediary to establish a loan loss reserve fund, and to
        maintain such reserve fund until all obligations owed to the
        Administration under this subsection are repaid.
        (ii) Level of loan loss reserve fund
          (I) In general
            Subject to subclause (III), the Administrator shall require
          the loan loss reserve fund of an intermediary to be
          maintained at a level equal to 15 percent of the outstanding
          balance of the notes receivable owed to the intermediary.
          (II) Review of loan loss reserve
            After the initial 5 years of an intermediary's
          participation in the program authorized by this subsection,
          the Administrator shall, at the request of the intermediary,
          conduct a review of the annual loss rate of the intermediary.
          Any intermediary in operation under this subsection prior to
          October 1, 1994, that requests a reduction in its loan loss
          reserve shall be reviewed based on the most recent 5-year
          period preceding the request.
          (III) Reduction of loan loss reserve
            Subject to the requirements of clause IV,(!13) the
          Administrator may reduce the annual loan loss reserve
          requirement of an intermediary to reflect the actual average
          loan loss rate for the intermediary during the preceding 5-
          year period, except that in no case shall the loan loss
          reserve be reduced to less than 10 percent of the outstanding
          balance of the notes receivable owed to the intermediary.

          (IV) Requirements
            The Administrator may reduce the annual loan loss reserve
          requirement of an intermediary only if the intermediary
          demonstrates to the satisfaction of the Administrator that - 
              (aa) the average annual loss rate for the intermediary
            during the preceding 5-year period is less than 15 percent;
            and
              (bb) that (!14) no other factors exist that may impair
            the ability of the intermediary to repay all obligations
            owed to the Administration under this subsection.

        (E) Unavailability of comparable credit
          An intermediary may make a loan under this subsection of more
        than $20,000 to a small business concern only if such small
        business concern demonstrates that it is unable to obtain
        credit elsewhere at comparable interest rates and that it has
        good prospects for success. In no case shall an intermediary
        make a loan under this subsection of more than $35,000, or have
        outstanding or committed to any 1 borrower more than $35,000.
        (F) Loan duration; interest rates
          (i) Loan duration
            Loans made by the Administration under this subsection
          shall be for a term of 10 years.
          (ii) Applicable interest rates
            Except as provided in clause (iii), loans made by the
          Administration under this subsection to an intermediary shall
          bear an interest rate equal to 1.25 percentage points below
          the rate determined by the Secretary of the Treasury for
          obligations of the United States with a period of maturity of
          5 years, adjusted to the nearest one-eighth of 1 percent.
          (iii) Rates applicable to certain small loans
            Loans made by the Administration to an intermediary that
          makes loans to small business concerns and entrepreneurs
          averaging not more than $7,500, shall bear an interest rate
          that is 2 percentage points below the rate determined by the
          Secretary of the Treasury for obligations of the United
          States with a period of maturity of 5 years, adjusted to the
          nearest one-eighth of 1 percent.
          (iv) Rates applicable to multiple sites or offices
            The interest rate prescribed in clause (ii) or (iii) shall
          apply to each separate loan-making site or office of 1
          intermediary only if such site or office meets the
          requirements of that clause.
          (v) Rate basis
            The applicable rate of interest under this paragraph shall -
           
              (I) be applied retroactively for the first year of an
            intermediary's participation in the program, based upon the
            actual lending practices of the intermediary as determined
            by the Administration prior to the end of such year; and
              (II) be based in the second and subsequent years of an
            intermediary's participation in the program, upon the
            actual lending practices of the intermediary during the
            term of the intermediary's participation in the program.
          (vii) (!15) Covered intermediaries

            The interest rates prescribed in this subparagraph shall
          apply to all loans made to intermediaries under this
          subsection on or after October 28, 1991.
        (G) Delayed payments
          The Administration shall not require repayment of interest or
        principal of a loan made to an intermediary under this
        subsection during the first year of the loan.
        (H) Fees; collateral
          Except as provided in subparagraphs (B) and (D), the
        Administration shall not charge any fees or require collateral
        other than an assignment of the notes receivable of the
        microloans with respect to any loan made to an intermediary
        under this subsection.
      (4) Marketing, management and technical assistance grants to
        intermediaries
        Grants made in accordance with subparagraph (B)(ii) of
      paragraph (1) shall be subject to the following requirements:
        (A) Grant amounts
          Except as otherwise provided in subparagraph (C) and subject
        to subparagraph (B), each intermediary that receives a loan
        under subparagraph (B)(i) of paragraph (1) shall be eligible to
        receive a grant to provide marketing, management, and technical
        assistance to small business concerns that are borrowers under
        this subsection. Except as provided in subparagraph (C), each
        intermediary meeting the requirements of subparagraph (B) may
        receive a grant of not more than 25 percent of the total
        outstanding balance of loans made to it under this subsection.
        (B) Contribution
          As a condition of any grant made under subparagraph (A), the
        Administration shall require the intermediary to contribute an
        amount equal to 25 percent of the amount of the grant, obtained
        solely from non-Federal sources. In addition to cash or other
        direct funding, the contribution may include indirect costs or
        in-kind contributions paid for under non-Federal programs.
        (C) Additional technical assistance grants for making certain
          loans
          (i) In general
            Each intermediary that has a portfolio of loans made under
          this subsection that averages not more than $10,000 during
          the period of the intermediary's participation in the program
          shall be eligible to receive a grant equal to 5 percent of
          the total outstanding balance of loans made to the
          intermediary under this subsection, in addition to grants
          made under subparagraph (A).
          (ii) Purposes
            A grant awarded under clause (i) may be used to provide
          marketing, management, and technical assistance to small
          business concerns that are borrowers under this subsection.
          (iii) Contribution exception
            The contribution requirements in subparagraph (B) do not
          apply to grants made under this subparagraph.
        (D) Eligibility for multiple sites or offices
          The eligibility for a grant described in subparagraph
        (A),(!16) or (C) shall be determined separately for each loan-
        making site or office of 1 intermediary.

        (E) Assistance to certain small business concerns
          (i) In general
            Each intermediary may expend an amount not to exceed 25
          percent of the grant funds received under paragraph
          (1)(B)(ii) to provide information and technical assistance to
          small business concerns that are prospective borrowers under
          this subsection.
          (ii) Technical assistance
            An intermediary may expend not more than 25 percent of the
          funds received under paragraph (1)(B)(ii) to enter into third
          party contracts for the provision of technical assistance.
        (F) Supplemental grant
          (i) In general
            The Administration may accept any funds transferred to the
          Administration from other departments or agencies of the
          Federal Government to make grants in accordance with this
          subparagraph and section 202(b) of the Small Business
          Reauthorization Act of 1997 to participating intermediaries
          and technical assistance providers under paragraph (5), for
          use in accordance with clause (iii) to provide additional
          technical assistance and related services to recipients of
          assistance under a State program described in paragraph
          (1)(A)(iv) at the time they initially apply for assistance
          under this subparagraph.
          (ii) Eligible recipients; grant amounts
            In making grants under this subparagraph, the
          Administration may select, from among participating
          intermediaries and technical assistance providers described
          in clause (i), not more than 20 grantees in fiscal year 1998,
          not more than 25 grantees in fiscal year 1999, and not more
          than 30 grantees in fiscal year 2000, each of whom may
          receive a grant under this subparagraph in an amount not to
          exceed $200,000 per year.
          (iii) Use of grant amounts
            Grants under this subparagraph - 
              (I) are in addition to other grants provided under this
            subsection and shall not require the contribution of
            matching amounts as a condition of eligibility; and
              (II) may be used by a grantee - 
                (aa) to pay or reimburse a portion of child care and
              transportation costs of recipients of assistance
              described in clause (i), to the extent such costs are not
              otherwise paid by State block grants under the Child Care
              Development Block Grant Act of 1990 (42 U.S.C. 9858 et
              seq.) or under part A of title IV of the Social Security
              Act (42 U.S.C. 601 et seq.); and
                (bb) for marketing, management, and technical
              assistance to recipients of assistance described in
              clause (i).
          (iv) Memorandum of Understanding
            Prior to accepting any transfer of funds under clause (i)
          from a department or agency of the Federal Government, the
          Administration shall enter into a Memorandum of Understanding
          with the department or agency, which shall - 
              (I) specify the terms and conditions of the grants under
            this subparagraph; and
              (II) provide for appropriate monitoring of expenditures
            by each grantee under this subparagraph and each recipient
            of assistance described in clause (i) who receives
            assistance from a grantee under this subparagraph, in order
            to ensure compliance with this subparagraph by those
            grantees and recipients of assistance.
      (5) Private sector borrowing technical assistance grants
        Grants made in accordance with subparagraph (B)(iii) of
      paragraph (1) shall be subject to the following requirements:
        (A) Grant amounts
          Subject to the requirements of subparagraph (B), the
        Administration may make not more than 55 grants annually, each
        in amounts not to exceed $200,000 for the purposes specified in
        subparagraph (B)(iii) of paragraph (1).
        (B) Contribution
          As a condition of any grant made under subparagraph (A), the
        Administration shall require the grant recipient to contribute
        an amount equal to 20 percent of the amount of the grant,
        obtained solely from non-Federal sources. In addition to cash
        or other direct funding, the contribution may include indirect
        costs or in-kind contributions paid for under non-Federal
        programs.
      (6) Loans to small business concerns from eligible intermediaries
        (A) In general
          An eligible intermediary shall make short-term, fixed rate
        loans to startup, newly established, and growing small business
        concerns from the funds made available to it under subparagraph
        (B)(i) of paragraph (1) for working capital and the acquisition
        of materials, supplies, furniture, fixtures, and equipment.
        (B) Portfolio requirement
          To the extent practicable, each intermediary that operates a
        microloan program under this subsection shall maintain a
        microloan portfolio with an average loan size of not more than
        $15,000.
        (C) Interest limit
          Notwithstanding any provision of the laws of any State or the
        constitution of any State pertaining to the rate or amount of
        interest that may be charged, taken, received, or reserved on a
        loan, the maximum rate of interest to be charged on a microloan
        funded under this subsection shall not exceed the rate of
        interest applicable to a loan made to an intermediary by the
        Administration - 
            (i) in the case of a loan of more than $7,500 made by the
          intermediary to a small business concern or entrepreneur by
          more than 7.75 percentage points; and
            (ii) in the case of a loan of not more than $7,500 made by
          the intermediary to a small business concern or entrepreneur
          by more than 8.5 percentage points.
        (D) Review restriction
          The Administration shall not review individual microloans
        made by intermediaries prior to approval.
        (E) Establishment of child care or transportation businesses
          In addition to other eligible small businesses concerns,
        borrowers under any program under this subsection may include
        individuals who will use the loan proceeds to establish for-
        profit or nonprofit child care establishments or businesses
        providing for-profit transportation services.
      (7) Program funding for microloans
        (A) Number of participants
          Under the program authorized by this subsection, the
        Administration may fund, on a competitive basis, not more than
        300 intermediaries.
        (B) Allocation
          (i) Minimum allocation
            Subject to the availability of appropriations, of the total
          amount of new loan funds made available for award under this
          subsection in each fiscal year, the Administration shall make
          available for award in each State (including the District of
          Columbia, the Commonwealth of Puerto Rico, the United States
          Virgin Islands, Guam, and American Samoa) an amount equal to
          the sum of - 
              (I) the lesser of - 
                (aa) $800,000; or
                (bb)  1/55  of the total amount of new loan funds made
              available for award under this subsection for that fiscal
              year; and

              (II) any additional amount, as determined by the
            Administration.
          (ii) Redistribution
            If, at the beginning of the third quarter of a fiscal year,
          the Administration determines that any portion of the amount
          made available to carry out this subsection is unlikely to be
          made available under clause (i) during that fiscal year, the
          Administration may make that portion available for award in
          any one or more States (including the District of Columbia,
          the Commonwealth of Puerto Rico, the United States Virgin
          Islands, Guam, and American Samoa) without regard to clause
          (i).
      (8) Equitable distribution of intermediaries
        In approving microloan program applicants and providing funding
      to intermediaries under this subsection, the Administration shall
      select and provide funding to such intermediaries as will ensure
      appropriate availability of loans for small businesses in all
      industries located throughout each State, particularly those
      located in urban and in rural areas.
      (9) Grants for management, marketing, technical assistance, and
        related services
        (A) In general
          The Administration may procure technical assistance for
        intermediaries participating in the Microloan Program to ensure
        that such intermediaries have the knowledge, skills, and
        understanding of microlending practices necessary to operate
        successful microloan programs.
        (B) Assistance amount
          The Administration shall transfer 7 percent of its annual
        appropriation for loans and loan guarantees under this
        subsection to the Administration's Salaries and Expense Account
        for the specific purpose of providing 1 or more technical
        assistance grants to experienced microlending organizations and
        national and regional nonprofit organizations that have
        demonstrated experience in providing training support for
        microenterprise development and financing.(!17) to achieve the
        purpose set forth in subparagraph (A).

        (C) Welfare-to-work microloan initiative
          Of amounts made available to carry out the welfare-to-work
        microloan initiative under paragraph (1)(A)(iv) in any fiscal
        year, the Administration may use not more than 5 percent to
        provide technical assistance, either directly or through
        contractors, to welfare-to-work microloan initiative grantees,
        to ensure that, as grantees, they have the knowledge, skills,
        and understanding of microlending and welfare-to-work
        transition, and other related issues, to operate a successful
        welfare-to-work microloan initiative.
      (10) Report to Congress
        On November 1, 1995, the Administration shall submit to the
      Committees on Small Business of the Senate and the House of
      Representatives a report, including the Administration's
      evaluation of the effectiveness of the first 3 1/2  years of the
      microloan program and the following:
          (A) the numbers and locations of the intermediaries funded to
        conduct microloan programs;
          (B) the amounts of each loan and each grant to
        intermediaries;
          (C) a description of the matching contributions of each
        intermediary;
          (D) the numbers and amounts of microloans made by the
        intermediaries to small business concern borrowers;
          (E) the repayment history of each intermediary;
          (F) a description of the loan portfolio of each intermediary
        including the extent to which it provides microloans to small
        business concerns in rural areas; and
          (G) any recommendations for legislative changes that would
        improve program operations.
      (11) Definitions
        For purposes of this subsection - 
          (A) the term "intermediary" means - 
            (i) a private, nonprofit entity;
            (ii) a private, nonprofit community development
          corporation;
            (iii) a consortium of private, nonprofit organizations or
          nonprofit community development corporations;
            (iv) a quasi-governmental economic development entity (such
          as a planning and development district), other than a State,
          county, municipal government, or any agency thereof, if - 
              (I) no application is received from an eligible nonprofit
            organization; or
              (II) the Administration determines that the needs of a
            region or geographic area are not adequately served by an
            existing, eligible nonprofit organization that has
            submitted an application; or

            (v) an agency of or nonprofit entity established by a
          Native American Tribal Government,

        that seeks to borrow or has borrowed funds from the
        Administration to make microloans to small business concerns
        under this subsection;
          (B) the term "microloan" means a short-term, fixed rate loan
        of not more than $35,000, made by an intermediary to a startup,
        newly established, or growing small business concern;
          (C) the term "rural area" means any political subdivision or
        unincorporated area - 
            (i) in a nonmetropolitan county (as defined by the
          Secretary of Agriculture) or its equivalent thereof; or
            (ii) in a metropolitan county or its equivalent that has a
          resident population of less than 20,000 if the Small Business
          Administration has determined such political subdivision or
          area to be rural.
      (12) Deferred participation loan pilot
        In lieu of making direct loans to intermediaries as authorized
      in paragraph (1)(B), during fiscal years 1998 through 2000, the
      Administration may, on a pilot program basis, participate on a
      deferred basis of not less than 90 percent and not more than 100
      percent on loans made to intermediaries by a for-profit or
      nonprofit entity or by alliances of such entities, subject to the
      following conditions:
        (A) Number of loans
          In carrying out this paragraph, the Administration shall not
        participate in providing financing on a deferred basis to more
        than 10 intermediaries in urban areas or more than 10
        intermediaries in rural areas.
        (B) Term of loans
          The term of each loan shall be 10 years. During the first
        year of the loan, the intermediary shall not be required to
        repay any interest or principal. During the second through
        fifth years of the loan, the intermediary shall be required to
        pay interest only. During the sixth through tenth years of the
        loan, the intermediary shall be required to make interest
        payments and fully amortize the principal.
        (C) Interest rate
          The interest rate on each loan shall be the rate specified by
        paragraph (3)(F) for direct loans.
      (13) Evaluation of welfare-to-work microloan initiative
        On January 31, 1999, and annually thereafter, the
      Administration shall submit to the Committees on Small Business
      of the House of Representatives and the Senate a report on any
      monies distributed pursuant to paragraph (4)(F).
    (n) Repayment deferred for active duty reservists
      (1) Definitions
        In this subsection:
        (A) Eligible reservist
          The term "eligible reservist" means a member of a reserve
        component of the Armed Forces ordered to active duty during a
        period of military conflict.
        (B) Essential employee
          The term "essential employee" means an individual who is
        employed by a small business concern and whose managerial or
        technical expertise is critical to the successful day-to-day
        operations of that small business concern.
        (C) Period of military conflict
          The term "period of military conflict" means - 
            (i) a period of war declared by the Congress;
            (ii) a period of national emergency declared by the
          Congress or by the President; or
            (iii) a period of a contingency operation, as defined in
          section 101(a) of title 10.
        (D) Qualified borrower
          The term "qualified borrower" means - 
            (i) an individual who is an eligible reservist and who
          received a direct loan under subsection (a) or (b) of this
          section before being ordered to active duty; or
            (ii) a small business concern that received a direct loan
          under subsection (a) or (b) of this section before an
          eligible reservist, who is an essential employee, was ordered
          to active duty.
      (2) Deferral of direct loans
        (A) In general
          The Administration shall, upon written request, defer
        repayment of principal and interest due on a direct loan made
        under subsection (a) or (b) of this section, if such loan was
        incurred by a qualified borrower.
        (B) Period of deferral
          The period of deferral for repayment under this paragraph
        shall begin on the date on which the eligible reservist is
        ordered to active duty and shall terminate on the date that is
        180 days after the date such eligible reservist is discharged
        or released from active duty.
        (C) Interest rate reduction during deferral
          Notwithstanding any other provision of law, during the period
        of deferral described in subparagraph (B), the Administration
        may, in its discretion, reduce the interest rate on any loan
        qualifying for a deferral under this paragraph.
      (3) Deferral of loan guarantees and other financings
        The Administration shall - 
          (A) encourage intermediaries participating in the program
        under subsection (m) of this section to defer repayment of a
        loan made with proceeds made available under that subsection,
        if such loan was incurred by a small business concern that is
        eligible to apply for assistance under subsection (b)(3) of
        this section; and
          (B) not later than 30 days after August 17, 1999, establish
        guidelines to - 
            (i) encourage lenders and other intermediaries to defer
          repayment of, or provide other relief relating to, loan
          guarantees under subsection (a) of this section and
          financings under section 697a of this title that were
          incurred by small business concerns that are eligible to
          apply for assistance under subsection (b)(3) of this section,
          and loan guarantees provided under subsection (m) of this
          section if the intermediary provides relief to a small
          business concern under this paragraph; and
            (ii) implement a program to provide for the deferral of
          repayment or other relief to any intermediary providing
          relief to a small business borrower under this paragraph.

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    Apr. 27, 1999, 113 Stat. 36, 37; Pub. L. 106-24, Sec. 1(a), Apr.
    27, 1999, 113 Stat. 39; Pub. L. 106-50, title IV, Secs. 401(b),
    402(a), (b), 403, 404, Aug. 17, 1999, 113 Stat. 244-246; Pub. L.
    106-554, Sec. 1(a)(9) [title II, Secs. 202-208(a), 210, title VIII,
    Sec. 802(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-681 to 2763A-
    684, 2763A-702; Pub. L. 107-100, Sec. 6(a), Dec. 21, 2001, 115
    Stat. 970; Pub. L. 108-447, div. K, title I, Secs. 101(a), 102,
    103(a), 107(a), (b), Dec. 8, 2004, 118 Stat. 3442-3446; Pub. L. 109-
    163, div. A, title VIII, Sec. 845(a)(2), (c), Jan. 6, 2006, 119
    Stat. 3390, 3391.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsections (b) and (c) of section 631 of this title, referred to
    in subsecs. (a)(11) and (i)(1), were redesignated subsections (c)
    and (d), respectively, and a new subsection (b) was added by Pub.
    L. 100-418, title VIII, Sec. 8002, Aug. 23, 1988, 102 Stat. 1553.
      The Small Business Investment Act of 1958, referred to in
    subsecs. (a)(13) and (j)(10)(A)(vi), (13)(D)(i), is Pub. L. 85-699,
    Aug. 21, 1958, 72 Stat. 689, as amended. Title IV, part B of title
    IV, and title V of the Act are classified generally to subchapter
    IV-A (Sec. 692 et seq.), part B (Sec. 694a et seq.) of subchapter
    IV-A, and subchapter V (Sec. 695 et seq.), respectively, of chapter
    14B of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 661 of this title
    and Tables.
      The Trade Act of 1974, referred to in subsec. (a)(16)(E), is Pub.
    L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 3 of
    title II of the Act is classified generally to part 3 (Sec. 2341 et
    seq.) of subchapter II of chapter 12 of Title 19, Customs Duties.
    For complete classification of this Act to the Code, see section
    2101 of Title 19 and Tables.
      The Disaster Relief and Emergency Assistance Act, referred to in
    subsec. (b)(2)(A), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143,
    as amended, known as the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act, which is classified principally to
    chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and
    Welfare. For complete classification of this Act to the Code, see
    Short Title note set out under section 5121 of Title 42 and Tables.
      Paragraph (4) of this subsection, referred to in second
    undesignated par. following par. (2) of subsec. (b), was repealed
    by Pub. L. 97-35.
      Section 231 of the Disaster Relief Act of 1970 [15 U.S.C. 636a],
    referred to in penultimate par. of subsec. (b), was repealed by
    Pub. L. 97-35, title XIX, Sec. 1917, Aug. 13, 1981, 95 Stat. 781.
      Reorganization Plan Numbered 2 of 1954, referred to in subsec.
    (c)(1), is set out in the Appendix to Title 5, Government
    Organization and Employees.
      Reorganization Plan Numbered 1 of 1957, referred to in subsec.
    (c)(1), is set out in the Appendix to Title 5.
      The Economic Opportunity Act of 1964, referred to in subsec.
    (i)(3), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended.
    Title III of the Act was classified generally to subchapter III
    (Sec. 2841 et seq.) of chapter 34 of Title 42, The Public Health
    and Welfare, prior to its repeal by Pub. L. 97-35, title VI, Sec.
    683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of
    this Act to the Code, see Tables.
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (i)(5)(D), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.
    552, as amended, which is classified generally to chapter 38 (Sec.
    3121 et seq.) of Title 42. For complete classification of this Act
    to the Code, see Short Title note set out under section 3121 of
    Title 42 and Tables.
      Section 602(b) of Public Law 100-656, the "Business Opportunity
    Development Reform Act of 1988", referred to in subsec.
    (j)(10)(J)(ii)(III), is set out as a note under section 637 of this
    title.
      Section 35(a) of title 41, referred to in subsec. (j)(13)(C), was
    struck out and former section 35(b) of title 41 redesignated
    section 35(a) by Pub. L. 103-355, title VII, Sec. 7201(1), Oct. 13,
    1994, 108 Stat. 3378.
      The Workforce Investment Act of 1998, referred to in subsec.
    (j)(13)(E), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.
      The Social Security Act, referred to in subsec. (m)(1)(A)(iv),
    (4)(F)(iii)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620,
    as amended. Part A of title IV of the Act is classified generally
    to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see section 1305 of Title 42 and Tables.
      Paragraph (10), referred to in subsec. (m)(2)(A), was
    redesignated paragraph (11) by Pub. L. 102-366, title I, Sec.
    113(a)(8), Sept. 4, 1992, 106 Stat. 992.
      Section 202(b) of the Small Business Reauthorization Act of 1997,
    referred to in subsec. (m)(4)(F)(i), is section 202(b) of Pub. L.
    105-135, which is set out as a note below.
      The Child Care and Development Block Grant Act of 1990, referred
    to in subsec. (m)(4)(F)(iii)(II)(aa), is subchapter C (Secs. 658A-
    658R) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as
    added by Pub. L. 101-508, title V, Sec. 5082(2), Nov. 5, 1990, 104
    Stat. 1388-236, as amended, which is classified generally to
    subchapter II-B (Sec. 9858 et seq.) of chapter 105 of Title 42, The
    Public Health and Welfare. For complete classification of this Act
    to the Code, see Short Title note set out under section 9801 of
    Title 42 and Tables.

-COD-
                               CODIFICATION                           
      September 30, 1996, referred to in subsec. (a)(25)(C), was in the
    original "the date of enactment of this subsection" which was
    translated as meaning the date of enactment of Pub. L. 104-208,
    which enacted par. (25) of subsec. (a), to reflect the probable
    intent of Congress.
      In subsec. (c)(3), "August 13, 1981" substituted for "the
    effective date of this Act", such words having been inserted in
    place of "to October 1, 1983" by section 1914 of Pub. L. 97-35.
    "This Act" probably meant the Small Business Budget Reconciliation
    and Loan Consolidation/Improvement Act of 1981 (title XIX of Pub.
    L. 97-35) rather than the Small Business Act (Pub. L. 85-536). See
    Effective Date of 1981 Amendment note set out under section 631 of
    this title.
      In subsec. (j)(11)(B)(i), as enacted by the amendments made by
    Pub. L. 101-37, "August 15, 1989" substituted for "the effective
    date of this subparagraph" and "such effective date". Section 32 of
    Pub. L. 101-37 provided that the amendments made by Pub. L. 101-37
    shall apply as if included in Pub. L. 100-656. Section 803(b)(1)(A)
    of Pub. L. 100-656 provided that the amendment made by section
    201(a) thereof to subsec. (j)(11) shall take effect on June 1,
    1989. Section 31 of Pub. L. 101-37 amended section 803(b) of Pub.
    L. 100-656 to make such amendments effective on August 15, 1989, in
    place of June 1, 1989. See 1988 and 1989 Effective Date of
    Amendment notes below.
      "Sections 3131 and 3133 of title 40" substituted in subsec.
    (j)(13)(D) for "the Act entitled 'An Act requiring contracts for
    the construction, alteration and repair of any public building or
    public work of the United States to be accompanied by a performance
    bond protecting the United States and by an additional bond for the
    protection of persons furnishing material and labor for the
    construction, alteration, or repair of said public buildings or
    public works', approved August 24, 1935 (49 Stat. 793)" on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.
      In subsec. (k)(3), "section 1342 of title 31" substituted for
    "section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on
    authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
    1067, the first section of which enacted Title 31, Money and
    Finance.
      Section 3109 of title 5, referred to in subsec. (k)(4),
    substituted for "section 15 of the Administrative Expenses Act of
    1946 (5 U.S.C. 55a)" on authority of Pub. L. 89-554, Sec. 7(b),
    Sept. 6, 1966, 80 Stat. 631, the first section of which enacted
    Title 5, Government Organization and Employees.
      Section 5703 of title 5, referred to in subsec. (k)(4),
    substituted for "section 5 of such Act (5 U.S.C. 73b-2)" on
    authority of section 7(b) of Pub. L. 89-554, Sept. 6, 1966, 80
    Stat. 631, section 1 of which enacted Title 5.


-MISC1-
                             PRIOR PROVISIONS                         
      Provisions similar to those comprising subsec. (e) of this
    section were contained in section 2(a) and (b) of Pub. L. 87-550,
    July 25, 1962, 76 Stat. 221 (formerly classified to section 637a(a)
    and (b) of this title) prior to repeal thereof by section 3(b) of
    Pub. L. 89-409.
      Prior similar provisions were contained in section 207 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 235, as amended by acts
    Aug. 9, 1955, ch. 628, Secs. 2, 5, 69 Stat. 547; Feb. 2, 1956, ch.
    29, Secs. 2, 3, 70 Stat. 10; Pub. L. 85-335, Feb. 22, 1958, 72
    Stat. 27, which was previously classified to this section. See
    Codification note set out under section 631 of this title.

                                AMENDMENTS                            
      2006 - Subsec. (b)(2). Pub. L. 109-163, Sec. 845(a)(2)(A), in
    introductory provisions, inserted "(including drought), with
    respect to both farm-related and nonfarm-related small business
    concerns," before "if the Administration".
      Subsec. (b)(2)(B). Pub. L. 109-163, Sec. 845(a)(2)(B),
    substituted "section 1961 of title 7, in which case, assistance
    under this paragraph may be provided to farm-related and nonfarm-
    related small business concerns, subject to the other applicable
    requirements of this paragraph" for "the Consolidated Farmers Home
    Administration Act of 1961 (7 U.S.C. 1961)".
      Subsec. (b)(2)(D). Pub. L. 109-163, Sec. 845(c), substituted "Not
    later than 30 days after the date of receipt of such certification
    by a Governor of a State, the Administration shall respond in
    writing to that Governor on its determination and the reasons
    therefore, and may" for "Upon receipt of such certification, the
    Administration may".
      2004 - Subsec. (a)(3)(A). Pub. L. 108-447, Sec. 103(a),
    substituted "$1,500,000" for "$1,000,000".
      Subsec. (a)(3)(B). Pub. L. 108-447, Sec. 107(b), substituted
    "$1,750,000" for "$1,250,000" and "$1,250,000" for "$750,000".
      Subsec. (a)(16). Pub. L. 108-447, Sec. 107(a), inserted heading
    and amended par. (16) generally. Prior to amendment, par. (16)
    provided that the Administration could guarantee loans to assist
    any eligible small business concern in an industry engaged in or
    adversely affected by international trade in the financing of the
    acquisition, construction, renovation, modernization, improvement
    or expansion of productive facilities or equipment to be used in
    the United States in the production of goods and services involved
    in international trade.
      Subsec. (a)(18)(A). Pub. L. 108-447, Sec. 102(a), amended heading
    and text of subpar. (A) generally. Prior to amendment, text read as
    follows: "With respect to each loan guaranteed under this
    subsection (other than a loan that is repayable in 1 year or less),
    the Administration shall collect a guarantee fee, which shall be
    payable by the participating lender, and may be charged to the
    borrower, as follows:
        "(i) A guarantee fee equal to 2 percent of the deferred
      participation share of a total loan amount that is not more than
      $150,000.
        "(ii) A guarantee fee equal to 3 percent of the deferred
      participation share of a total loan amount that is more than
      $150,000, but not more than $700,000.
        "(iii) A guarantee fee equal to 3.5 percent of the deferred
      participation share of a total loan amount that is more than
      $700,000."
      Subsec. (a)(18)(C). Pub. L. 108-447, Sec. 102(b), struck out
    heading and text of subpar. (C). Text read as follows: "With
    respect to loans approved during the 2-year period beginning on
    October 1, 2002, the guarantee fee under subparagraph (A) shall be
    as follows:
        "(i) A guarantee fee equal to 1 percent of the deferred
      participation share of a total loan amount that is not more than
      $150,000.
        "(ii) A guarantee fee equal to 2.5 percent of the deferred
      participation share of a total loan amount that is more than
      $150,000, but not more than $700,000.
        "(iii) A guarantee fee equal to 3.5 percent of the deferred
      participation share of a total loan amount that is more than
      $700,000."
      Subsec. (a)(23). Pub. L. 108-447, Sec. 102(c)(1), substituted
    "Yearly" for "Annual" in heading.
      Subsec. (a)(23)(A). Pub. L. 108-447, Sec. 102(c)(2), added
    subpar. (A) and struck out heading and text of former subpar. (A).
    Text read as follows: "With respect to each loan guaranteed under
    this subsection, the Administration shall, in accordance with such
    terms and procedures as the Administration shall establish by
    regulation, assess and collect an annual fee in an amount equal to
    0.5 percent of the outstanding balance of the deferred
    participation share of the loan. With respect to loans approved
    during the 2-year period beginning on October 1, 2002, the annual
    fee assessed and collected under the preceding sentence shall be in
    an amount equal to 0.25 percent of the outstanding balance of the
    deferred participation share of the loan."
      Subsec. (a)(23)(B). Pub. L. 108-447, Sec. 102(c)(3), substituted
    "yearly" for "annual".
      Subsec. (a)(23)(C). Pub. L. 108-447, Sec. 102(c)(4), added
    subpar. (C).
      Subsec. (a)(31). Pub. L. 108-447, Sec. 101(a), added par. (31).
      2001 - Subsec. (a)(18)(C). Pub. L. 107-100, Sec. 6(a)(1), added
    subpar. (C).
      Subsec. (a)(23)(A). Pub. L. 107-100, Sec. 6(a)(2), inserted at
    end "With respect to loans approved during the 2-year period
    beginning on October 1, 2002, the annual fee assessed and collected
    under the preceding sentence shall be in an amount equal to 0.25
    percent of the outstanding balance of the deferred participation
    share of the loan."
      2000 - Subsec. (a)(2)(A)(i). Pub. L. 106-554, Sec. 1(a)(9) [title
    II, Sec. 202(1)], substituted "$150,000" for "$100,000".
      Subsec. (a)(2)(A)(ii). Pub. L. 106-554, Sec. 1(a)(9) [title II,
    Sec. 202(2)], substituted "85 percent" for "80 percent" and
    "$150,000" for "$100,000".
      Subsec. (a)(3)(A). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    203], substituted "$1,000,000 (or if the gross loan amount would
    exceed $2,000,000)," for "$750,000,".
      Subsec. (a)(4). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    205(1)], inserted heading and struck out former heading "Interest
    rates and fees. - ".
      Subsec. (a)(4)(B)(iii). Pub. L. 106-554, Sec. 1(a)(9) [title II,
    Sec. 204], added cl. (iii).
      Subsec. (a)(4)(C). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    205(2)], added subpar. (C).
      Subsec. (a)(18). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    206], amended heading and text of par. (18) generally, substituting
    present provisions for provisions which had authorized guarantee
    fee in an amount equal to sum of 3 percent of amount of deferred
    participation share of loan that was less than or equal to
    $250,000, if deferred participation share of loan exceeded
    $250,000, plus 3.5 percent of difference between $500,000 or total
    deferred participation share of loan, whichever was less, and
    $250,000, plus, if deferred participation share of loan exceeded
    $500,000, 3.875 percent of difference between total deferred
    participation share of loan and $500,000, and set forth provisions
    relating to exception for certain loans.
      Subsec. (a)(28). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    207], added par. (28).
      Subsec. (a)(29). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    208(a)], added par. (29).
      Subsec. (a)(30). Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Sec.
    802(a)], added par. (30).
      Subsec. (m)(1)(A)(iii)(I). Pub. L. 106-554, Sec. 1(a)(9) [title
    II, Sec. 210(a)(2)], substituted "$10,000" for "$7,500".
      Subsec. (m)(1)(B)(iii). Pub. L. 106-554, Sec. 1(a)(9) [title II,
    Sec. 210(a)(1)], substituted "$35,000" for "$25,000".
      Subsec. (m)(3)(A)(ii). Pub. L. 106-554, Sec. 1(a)(9) [title II,
    Sec. 210(a)(2)], substituted "$10,000" for "$7,500".
      Subsec. (m)(3)(E). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    210(a)(1), (3)], substituted "$20,000" for "$15,000" and "$35,000"
    for "$25,000" in two places.
      Subsec. (m)(4)(C)(i). Pub. L. 106-554, Sec. 1(a)(9) [title II,
    Sec. 210(a)(2)], which directed the amendment of subsec.
    (m)(4)(C)(i)(II) by substituting "$10,000" for "$7,500", was
    executed by making the substitution in subsec. (m)(4)(C)(i) to
    reflect the probable intent of Congress and the termination of the
    temporary amendment by Pub. L. 103-403, Sec. 208(a)(2), (c). See
    1994 Amendment note and Effective and Termination Dates of 1994
    Amendment note below.
      Subsec. (m)(5)(A). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    210(a)(4)], substituted "55 grants" for "25 grants" and "$200,000"
    for "$125,000".
      Subsec. (m)(6)(B). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    210(a)(5)], substituted "$15,000" for "$10,000".
      Subsec. (m)(7)(A). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    210(a)(6)], added subpar. (A) and struck out heading and text of
    former subpar. (A). Text read as follows: "During the program
    authorized by this subsection, the Administration may fund, on a
    competitive basis, not more than 200 microloan programs."
      Subsec. (m)(11)(B). Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec.
    210(b)], substituted "$35,000" for "$25,000".
      1999 - Subsec. (a)(10). Pub. L. 106-50, Sec. 401(b), inserted
    "guaranteed" after "provide" and ", including service-disabled
    veterans," after "handicapped individual".
      Subsec. (a)(21)(A)(ii). Pub. L. 106-50, Sec. 404, inserted "or a
    veteran" after "qualified individual".
      Subsec. (a)(27). Pub. L. 106-8, Sec. 3(a), (c), temporarily added
    par. (27) relating to Year 2000 computer problem program. See
    Effective and Termination Dates of 1999 Amendments note below.
      Subsec. (b)(1)(C). Pub. L. 106-24, Sec. 1(a), added subpar. (C).
      Subsec. (b)(3). Pub. L. 106-50, Sec. 402(b), added par. (3).
      Subsec. (m)(1)(A)(i). Pub. L. 106-50, Sec. 403, inserted "veteran
    (within the meaning of such term under section 632(q) of this
    title)," after "low-income,".
      Subsec. (m)(3)(D). Pub. L. 106-22, Sec. 3, struck out subpar. (D)
    heading and amended text generally. Prior to amendment, text read
    as follows: "The Administration shall, by regulation, require each
    intermediary to establish a loan loss reserve fund, and to maintain
    such reserve fund until all obligations owed to the Administration
    under this subsection are repaid. The Administration shall require
    the loan loss reserve fund to be maintained - 
        "(i) during the initial 5 years of the intermediary's
      participation in the program under this subsection, at a level
      equal to not more than 15 percent of the outstanding balance of
      the notes receivable owed to the intermediary; and
        "(ii) in each year of participation thereafter, at a level
      equal to not more than the greater of - 
          "(I) 2 times an amount reflecting the total losses of the
        intermediary as a result of participation in the program under
        this subsection, as determined by the Administrator on a case-
        by-case basis; or
          "(II) 10 percent of the outstanding balance of the notes
        receivable owed to the intermediary."
      Subsec. (m)(7)(B). Pub. L. 106-22, Sec. 2(1), added subpar. (B)
    and struck out heading and text of former subpar. (B). Text read as
    follows: "During any fiscal year, a State shall not receive new
    loan funds from the Administration that exceed 125 percent of the
    State's pro rata share of the microloan program authorization
    during such fiscal year, such share to be based on the population
    of the State, as compared to the total population of the United
    States. If, however, at the beginning of the fourth quarter of a
    fiscal year the Administration determines that a portion of
    appropriated microloan funds are unlikely to be awarded during that
    year, the Administration may make additional funds available to a
    State in excess of 125 percent of the pro rata share of that
    State."
      Subsec. (m)(8). Pub. L. 106-22, Sec. 2(2), inserted "and
    providing funding to intermediaries" after "program applicants" and
    "and provide funding to" after "shall select".
      Subsec. (n). Pub. L. 106-50, Sec. 402(a), added subsec. (n).
      1998 - Subsec. (j)(13)(E). Pub. L. 105-277, Sec. 101(f) [title
    VIII, Sec. 405(f)(9)], struck out "the Job Training Partnership Act
    or" before "title I of the Workforce" in introductory provisions.
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(10)],
    substituted "the Job Training Partnership Act or title I of the
    Workforce Investment Act of 1998" for "the Job Training Partnership
    Act (29 U.S.C. 1501 et seq.)".
      1997 - Subsec. (a). Pub. L. 105-135, Sec. 231(1), inserted
    heading.
      Subsec. (a)(1). Pub. L. 105-135, Sec. 231(2), inserted heading,
    designated existing provisions as subpar. (A) and inserted heading,
    and added subpar. (B).
      Subsec. (a)(8). Pub. L. 105-135, Sec. 706, added par. (8).
      Subsec. (m). Pub. L. 105-135, Sec. 201(c), struck out
    "Demonstration" and "demonstration" wherever appearing in heading
    and text.
      Subsec. (m)(1)(A)(iv). Pub. L. 105-135, Sec. 202(a)(1), added cl.
    (iv).
      Subsec. (m)(3)(C). Pub. L. 105-135, Sec. 201(a), substituted
    "$3,500,000" for "$2,500,000".
      Subsec. (m)(3)(D)(i), (ii). Pub. L. 105-135, Sec. 201(b), added
    cls. (i) and (ii) and struck out former cls. (i) and (ii) which
    read as follows:
      "(i) in the first year of the intermediary's participation in the
    demonstration program, at a level equal to not more than 15 percent
    of the outstanding balance of the notes receivable owed to the
    intermediary; and
      "(ii) in each year of participation thereafter, at a level
    reflecting the intermediary's total losses as a result of
    participation in the demonstration program, as determined by the
    Administration on a case-by-case basis, but in no case shall the
    required level exceed 15 percent of the outstanding balance of the
    notes receivable owed to the intermediary under the program."
      Subsec. (m)(4)(E). Pub. L. 105-135, Sec. 201(d)(1), designated
    existing provisions as cl. (i), inserted heading, substituted "25
    percent" for "15 percent", and added cl. (ii).
      Subsec. (m)(4)(F). Pub. L. 105-135, Sec. 202(a)(2), added subpar.
    (F).
      Subsec. (m)(5)(A). Pub. L. 105-135, Sec. 201(d)(2), struck out
    "in each of the 5 years of the demonstration program established
    under this subsection," after "requirements of subparagraph (B),"
    and substituted "annually" for "for terms of up to 5 years".
      Subsec. (m)(6)(E). Pub. L. 105-135, Sec. 202(a)(3), added subpar.
    (E).
      Subsec. (m)(9). Pub. L. 105-135, Sec. 202(a)(4)(A), substituted
    "Grants for management, marketing, technical assistance, and
    related services" for "Technical assistance for intermediaries" in
    heading.
      Subsec. (m)(9)(C). Pub. L. 105-135, Sec. 202(a)(4)(B), added
    subpar. (C).
      Subsec. (m)(12). Pub. L. 105-135, Sec. 201(c)(4), substituted
    "1998 through 2000" for "1995 through 1997".
      Subsec. (m)(13). Pub. L. 105-135, Sec. 202(a)(5), added par.
    (13).
      1996 - Subsec. (a)(2)(C)(ii)(II). Pub. L. 104-208, Sec. 103(a),
    amended subcl. (II) generally. Prior to amendment, subcl. (II) read
    as follows: "authority to service and liquidate such loans."
      Subsec. (a)(2)(D). Pub. L. 104-208, Sec. 111, added subpar. (D).
      Subsec. (a)(4). Pub. L. 104-208, Sec. 103(f), inserted par. (4)
    heading, designated existing text as subpar. (A) and inserted
    heading, and added subpar. (B).
      Subsec. (a)(19)(C). Pub. L. 104-208, Sec. 103(b), added subpar.
    (C).
      Subsec. (a)(25). Pub. L. 104-208, Sec. 103(c), added par. (25).
      Subsec. (a)(26). Pub. L. 104-208, Sec. 103(d), added par. (26).
      Subsec. (d). Pub. L. 104-208, Sec. 107(a), struck out "(1)"
    before "The Administration" and struck out par. (2) which read as
    follows: "The Administration is authorized to hold seminars
    throughout the Nation to make potential applicants aware of the
    opportunities available under this subsection and related
    government energy programs, and to make grants to qualified
    organizations to provide training seminars for small business
    concerns regarding practical and easily implemented methods for
    design, manufacture, installation, and servicing of equipment and
    for providing services listed in paragraph (1) of this subsection,
    except that recipients of loans made pursuant to this subsection
    shall not subsequently be eligible for such grants."
      Subsec. (e). Pub. L. 104-208, Sec. 107(b), amended subsec. (e)
    generally, substituting "(e) [RESERVED]" for prior provisions of
    subsec. (e) which read as follows: "The Administration also is
    empowered to make loans (either directly or in cooperation with
    banks or other lenders through agreements to participate on an
    immediate or deferred basis) to assist any firm to adjust to
    changed economic conditions resulting from increased competition
    from imported articles, but only if (1) an adjustment proposal of
    such firm has been certified by the Secretary of Commerce pursuant
    to the Trade Expansion Act of 1962, (2) the Secretary has referred
    such proposal to the Administration under that Act and the loan
    would provide part or all of the financial assistance necessary to
    carry out such proposal, and (3) the Secretary's certification is
    in force at the time the Administration makes the loan. With
    respect to loans made under this subsection the Administration
    shall apply the provisions of sections 314, 315, 316, 318, 319, and
    320 of the Trade Expansion Act of 1962 as though such loans had
    been made under section 314 of that Act."
      Subsec. (f). Pub. L. 104-208, Sec. 107(c), amended subsec. (f)
    generally, substituting "(f) [RESERVED]" for prior provisions of
    subsec. (f) which read as follows: "In the administration of the
    disaster loan program under subsection (b)(1) of this section, in
    the case of property loss or damage as a result of a disaster which
    is a 'major disaster' as defined in section 102(2) of the Disaster
    Relief and Emergency Assistance Act, the Small Business
    Administration, to the extent such loss or damage is not
    compensated for by insurance or otherwise, may lend to a privately
    owned college or university without regard to whether the required
    financial assistance is otherwise available from private sources,
    and may waive interest payments and defer principal payments on
    such a loan for the first three years of the term of the loan."
      Subsec. (l). Pub. L. 104-208, Sec. 107(c), amended subsec. (l)
    generally, substituting "(l) [RESERVED]" for prior provisions of
    subsec. (l) which consisted of 9 pars. authorizing loans to small
    business concerns for solar energy and energy conservation
    measures.
      Subsec. (m)(7)(B). Pub. L. 104-208, Sec. 105, inserted at end
    "If, however, at the beginning of the fourth quarter of a fiscal
    year the Administration determines that a portion of appropriated
    microloan funds are unlikely to be awarded during that year, the
    Administration may make additional funds available to a State in
    excess of 125 percent of the pro rata share of that State."
      1995 - Subsec. (a)(2). Pub. L. 104-36, Sec. 2, amended par. (2)
    generally. Prior to amendment, par. (2) related to percentage
    levels in loan participation agreements.
      Subsec. (a)(18). Pub. L. 104-36, Sec. 3(a), amended par. (18)
    generally. Prior to amendment, par. (18) read as follows: "The
    Administration shall collect a guarantee fee equal to two percent
    of the amount of the deferred participation share of any loan under
    this subsection other than a loan repayable in one year or less.
    The fee shall be payable by the participating lending institution
    and may be charged to the borrower."
      Subsec. (a)(19)(B). Pub. L. 104-36, Sec. 3(b)(1), substituted
    "shall develop" for "shall (i) develop" and struck out at end ",
    and (ii) allow such lenders to retain one-half of the fee collected
    pursuant to subsection (a)(18) of this section on such loans. A
    participating lender may not retain any fee pursuant to this
    paragraph if the amount committed and outstanding to the applicant
    would exceed $50,000 unless the amount in excess of $50,000 is an
    amount not approved under the provisions of this paragraph".
      Subsec. (a)(19)(C). Pub. L. 104-36, Sec. 3(b)(2), struck out
    subpar. (C) which read as follows: "In order to encourage lending
    institutions and other entities making loans authorized under this
    subsection to provide loans to small business loan applicants
    located in rural areas, such lenders shall be permitted to retain
    one-half of the fee collected pursuant to paragraph (18) on loans
    of less than $75,000. A participating lender may not retain any fee
    pursuant to this subparagraph if the amount committed and
    outstanding to the applicant would exceed $75,000 unless the amount
    in excess of $75,000 is an amount not approved under the provisions
    of this subparagraph. This subparagraph shall cease to be effective
    on October 1, 1995."
      Subsec. (a)(23). Pub. L. 104-36, Sec. 4(a), added par. (23).
      Subsec. (a)(24). Pub. L. 104-36, Sec. 5, added par. (24).
      1994 - Subsec. (a)(2)(B)(iv). Pub. L. 103-403, Sec. 211, amended
    cl. (iv) generally. Prior to amendment, cl. (iv) read as follows:
    "not less than 85 percent of the financing outstanding at the time
    of disbursement if such financing is a loan under paragraph (16)."
      Subsec. (a)(3)(B). Pub. L. 103-403, Sec. 210, amended subpar. (B)
    generally. Prior to amendment, subpar. (B) read as follows: "if the
    total amount outstanding and committed (on a deferred basis) solely
    for the purposes provided in paragraph (16) to the borrower from
    the business loan and investment fund established by this chapter
    would exceed $1,000,000, such amount to be in addition to any
    financing solely for working capital, supplies, or revolving lines
    of credit for export purposes up to a maximum of $250,000; and".
      Subsec. (a)(14)(A). Pub. L. 103-403, Sec. 209, amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows:
    "The Administration under this subsection may provide extensions
    and revolving lines of credit for export purposes and financing to
    enable small business concerns, including small business export
    trading companies and small business export management companies,
    to develop foreign markets. No such extension or revolving line of
    credit may be made for a period or periods exceeding 3 years. A
    bank or participating lending institution may establish the rate of
    interest on extensions and revolving lines of credit as may be
    legal and reasonable."
      Subsec. (a)(21)(A). Pub. L. 103-403, Sec. 605(a), inserted "on a
    guaranteed basis" before "under the authority".
      Subsec. (a)(21)(E). Pub. L. 103-403, Sec. 603, added subpar. (E).
      Subsec. (m)(3)(C). Pub. L. 103-403, Sec. 206, substituted
    "$2,500,000" for "$1,250,000".
      Subsec. (m)(4)(B). Pub. L. 103-403, Sec. 208(a)(1), (c),
    temporarily inserted "except for a grant made to an intermediary
    that provides not less than 50 percent of its loans to small
    business concerns located in or owned by one or more residents of
    an economically distressed area," after "under subparagraph (A),".
    See Effective and Termination Dates of 1994 Amendment note below.
      Subsec. (m)(4)(C)(i). Pub. L. 103-403, Sec. 208(a)(2), (c),
    temporarily added cl. (i) which read as follows: "In addition to
    grants made under subparagraph (A), each intermediary shall be
    eligible to receive a grant equal to 5 percent of the total
    outstanding balance of loans made to the intermediary under this
    subsection if - 
        "(I) the intermediary provides not less than 25 percent of its
      loans to small business concerns located in or owned by one or
      more residents of an economically distressed area; or
        "(II) the intermediary has a portfolio of loans made under this
      subsection that averages not more than $7,500 during the period
      of the intermediary's participation in the program."
    See Effective and Termination Dates of 1994 Amendment note below.
      Subsec. (m)(4)(E). Pub. L. 103-403, Sec. 207, added subpar. (E).
      Subsec. (m)(7). Pub. L. 103-403, Sec. 204, amended par. (7)
    generally, substituting present provisions for former provisions
    relating to program funding, which provided for: in subpar. (A),
    first year programs; in subpar. (B), expanded programs; and in
    subpar. (C), State limitations.
      Subsec. (m)(8). Pub. L. 103-403, Sec. 205, amended heading and
    text of par. (8) generally. Prior to amendment, text read as
    follows: "In funding microloan programs, the Administration shall
    ensure that at least one-half of the programs funded under this
    subsection will provide microloans to small business concerns
    located in rural areas."
      Subsec. (m)(9)(B). Pub. L. 103-403, Sec. 604, inserted "and loan
    guarantees" after "for loans" and "and national and regional
    nonprofit organizations that have demonstrated experience in
    providing training support for microenterprise development and
    financing." after "experienced microlending organizations".
      Subsec. (m)(11)(A)(v). Pub. L. 103-403, Sec. 202, added cl. (v).
      Subsec. (m)(11)(D). Pub. L. 103-403, Sec. 208(b), (c),
    temporarily added subpar. (D) which read as follows: "the term
    'economically distressed area', as used in paragraph (4), means a
    county or equivalent division of local government of a State in
    which the small business concern is located, in which, according to
    the most recent data available from the Bureau of the Census,
    Department of Commerce, not less than 40 percent of residents have
    an annual income that is at or below the poverty level.". See
    Effective and Termination Dates of 1994 Amendment note below.
      Subsec. (m)(12). Pub. L. 103-403, Sec. 201, added par. (12).
      1993 - Subsec. (a)(2). Pub. L. 103-81, Sec. 5(a)(2)-(4), in
    concluding provisions, substituted "less than the above specified
    percentums" for "less than 85 percent under subparagraph (B)" and
    "not less than 70 percent, unless a lesser percent is required by
    clause (B)(ii) or upon the" for "not less than 80 percent, except
    upon" and inserted after third sentence "The maximum interest rate
    for a loan guaranteed under the Preferred Lenders Program shall not
    exceed the maximum interest rate, as determined by the
    Administration, which is made applicable to other loan guarantees
    under subsection (a) of this section."
      Subsec. (a)(2)(B). Pub. L. 103-81, Sec. 5(a)(1), struck out "and"
    at end of cl. (i), added cls. (ii) and (iii), and redesignated
    former cl. (ii) as (iv).
      Subsec. (a)(22). Pub. L. 103-81, Sec. 4, added par. (22).
      Subsec. (m)(1)(B)(iii). Pub. L. 103-81, Sec. 8(1), substituted
    "$25,000" for "$15,000".
      Subsec. (m)(5)(A). Pub. L. 103-81, Sec. 8(2), substituted "25
    grants for terms of up to 5 years" for "6 grants".
      Subsec. (m)(9)(B). Pub. L. 103-81, Sec. 8(3), substituted "7
    percent" for "3 percent".
      1992 - Subsec. (a)(4). Pub. L. 102-366, Sec. 104, substituted
    "Notwithstanding the provisions of the constitution of any State or
    the laws of any State limiting the rate or amount of interest which
    may be charged, taken, received, or reserved, the maximum legal
    rate of interest on any financing made on a deferred basis pursuant
    to this subsection" for "The rate of interest on financings made on
    a deferred basis shall be legal and reasonable but".
      Subsec. (a)(21). Pub. L. 102-366, Sec. 211, added par. (21).
      Subsec. (m)(1)(A)(i). Pub. L. 102-366, Sec. 113(a)(1)(A), amended
    cl. (i) generally, substituting "and business owners and other such
    individuals" for ", business owners, and other individuals".
      Subsec. (m)(1)(A)(iii)(I). Pub. L. 102-366, Sec. 113(a)(1)(B),
    inserted ", particularly loans in amounts averaging not more than
    $7,500," after "small-scale loans".
      Subsec. (m)(3)(A). Pub. L. 102-366, Sec. 113(a)(2), designated
    existing provisions as cl. (i) and inserted heading, redesignated
    cls. (i) to (viii) as subcls. (I) to (VIII), respectively,
    substituted "economic, poverty, and unemployment" for "economic and
    unemployment" in subcl. (III), amended subcl. (VIII) generally, and
    added cl. (ii). Prior to amendment, subcl. (VIII) read as follows:
    "any plan to involve private sector lenders in assisting selected
    small business concerns."
      Subsec. (m)(3)(F). Pub. L. 102-366, Sec. 113(a)(3), amended
    subpar. (F) generally. Prior to amendment, subpar. (F) read as
    follows: "Loans made by the Administration under this subsection
    shall be for a term of 10 years and at an interest rate equal to
    the rate determined by the Secretary of the Treasury for
    obligations of the United States with a period of maturity of 5
    years, adjusted to the nearest one-eighth of 1 percent."
      Subsec. (m)(4)(A). Pub. L. 102-366, Sec. 113(a)(4)(B), added
    subpar. (A) and struck out former subpar. (A) which read as
    follows: "Except as otherwise provided in subparagraph (C) and
    subject to the requirements of subparagraph (B), each intermediary
    that receives a loan under subparagraph (B)(i) of paragraph (1)
    shall be eligible to receive a grant to provide marketing,
    management, and technical assistance to small business concerns
    that are borrowers under this subsection. In the first and second
    years of an intermediary's program participation, each intermediary
    meeting the requirement of subparagraph (B) may receive a grant of
    not more than 20 percent of the total outstanding balance of loans
    made to it under this subsection. In the third and subsequent years
    of an intermediary's program participation, each intermediary
    meeting the requirements of subparagraph (B) may receive a grant of
    not more than 10 percent of the total outstanding balance of loans
    made to it under this subsection."
      Pub. L. 102-366, Sec. 113(a)(4)(A), substituted "Except as
    otherwise provided in subparagraph (C) and subject to" for "Subject
    to".
      Subsec. (m)(4)(B). Pub. L. 102-366, Sec. 113(a)(4)(C),
    substituted "25 percent" for "one-half".
      Subsec. (m)(4)(C), (D). Pub. L. 102-366, Sec. 113(a)(4)(D), added
    subpars. (C) and (D).
      Subsec. (m)(5)(A). Pub. L. 102-366, Sec. 113(a)(5), substituted
    "6 grants" for "2 grants".
      Subsec. (m)(6)(C). Pub. L. 102-366, Sec. 113(a)(6), amended
    subpar. (C) generally. Prior to amendment, subpar. (C) read as
    follows: "Notwithstanding any provision of the laws of any State or
    the constitution of any State pertaining to the rate or amount of
    interest that may be charged, taken, received or reserved on a
    loan, the maximum rate of interest to be charged on a microloan
    funded under this subsection shall be not more than 4 percentage
    points above the prime lending rate, as identified by the
    Administration and published in the Federal Register on a quarterly
    basis."
      Subsec. (m)(7)(A). Pub. L. 102-564, Sec. 307(b)(1), inserted at
    end: "If, at the end of fiscal year 1992, the Administration has
    funded less than 50 microloan programs under this subparagraph, the
    Administration may, in fiscal year 1993, fund a number of
    additional microloan programs equal to the difference between 50
    and the number of microloan programs actually funded in fiscal year
    1992."
      Pub. L. 102-366, Sec. 113(a)(7)(A), substituted "60 microloan
    programs" for "35 microloan programs".
      Subsec. (m)(7)(B). Pub. L. 102-564, Sec. 307(b)(2), substituted
    "In addition to any microloan programs authorized to be funded in
    fiscal year 1993 in accordance with subparagraph (A), in the
    second" for "In the second".
      Pub. L. 102-366, Sec. 113(a)(7)(B), substituted "50 additional"
    for "25 additional".
      Subsec. (m)(7)(C)(i). Pub. L. 102-366, Sec. 113(a)(7)(C), amended
    cl. (i) generally. Prior to amendment, cl. (i) read as follows: "be
    awarded more than 2 microloan programs in any year of the
    demonstration program;".
      Subsec. (m)(7)(C)(ii), (iii). Pub. L. 102-366, Sec. 113(a)(7)(D),
    (E), substituted "$1,500,000" for "$1,000,000" in cl. (ii) and
    "$2,500,000" for "$1,500,000" in cl. (iii).
      Subsec. (m)(9), (10). Pub. L. 102-366, Sec. 113(a)(8), (9), added
    par. (9) and redesignated former par. (9) as (10). Former par. (10)
    redesignated (11).
      Subsec. (m)(11). Pub. L. 102-564, Sec. 307(c), inserted
    "private," before "nonprofit" in subpar. (A)(ii).
      Pub. L. 102-366, Sec. 113(a)(8), (10), redesignated par. (10) as
    (11) and amended subpar. (A) generally. Prior to amendment, subpar.
    (A) read as follows: "the term 'intermediary' means a private,
    nonprofit entity or a nonprofit community development corporation
    that seeks to borrow or has borrowed funds from the Small Business
    Administration to make microloans to small business concerns under
    this subsection;".
      1991 - Subsec. (a)(18). Pub. L. 102-140, Sec. 609(b), struck out
    "or a loan under paragraph (13)" after "one year or less".
      Subsec. (a)(19)(B). Pub. L. 102-191 struck out "during fiscal
    years 1989, 1990, and 1991," after "small business loan
    applicants,".
      Subsec. (m). Pub. L. 102-140, Sec. 609(h), added subsec. (m).
      1990 - Subsec. (a)(14)(A). Pub. L. 101-574, Sec. 202, struck out
    "pre-export" before "financing" and substituted "3 years" for "18
    months".
      Subsec. (a)(16)(A). Pub. L. 101-574, Sec. 245, struck out at end
    "The lender shall agree to sell the loan in the secondary market as
    authorized in sections 634(f) and 634(g) of this title within 180
    days of the date of disbursement."
      Subsec. (a)(19)(C). Pub. L. 101-574, Sec. 307, added subpar. (C).
      Subsec. (j)(3)(A). Pub. L. 101-574, Sec. 242(1), struck out
    subpar. (A), which was previously struck out by Pub. L. 100-656,
    Sec. 505(h). See 1988 Amendment note below.
      Subsec. (j)(3)(B). Pub. L. 101-574, Sec. 242(1), struck out
    subpar. (B) which read as follows: "The General Accounting Office
    shall evaluate the activities taken by the Administration to
    achieve the purpose of this paragraph and evaluate the success of
    these activities in achieving the purposes of this paragraph. The
    General Accounting Office shall report to the Congress by January
    1, 1981, and at any time thereafter at the discretion of the
    Comptroller General, on the findings of this evaluation and shall
    make recommendations on actions needed to improve the
    Administration's performance pursuant to this paragraph."
      Subsec. (j)(8). Pub. L. 101-574, Sec. 242(2), struck out par. (8)
    which read as follows: "The General Accounting Office shall provide
    for an independent and continuing evaluation of programs under
    subsections (i) and (j) of this section and section 637(a) of this
    title, including full information on, and analysis of, the
    character and impact of managerial assistance provided, the
    location, income characteristics, and extent to which private
    resources and skills have been involved in these programs. Such
    evaluation together with any recommendations deemed advisable by
    the Comptroller General shall be reported to the Congress by
    January 1, 1981, and at any time thereafter at the discretion of
    the Comptroller General."
      Subsec. (j)(10)(J)(ii). Pub. L. 101-574, Sec. 204(a), amended cl.
    (ii) generally. Prior to amendment, cl. (ii) read as follows:
    "Except as provided under section 602 of the Business Opportunity
    Development Reform Act of 1988, no award shall be made pursuant to
    section 637(a) of this title to other than a small business
    concern."
      Subsec. (j)(13)(D)(iii). Pub. L. 101-574, Sec. 206, substituted
    "October 1, 1994" for "October 1, 1992".
      1989 - Subsec. (a)(2). Pub. L. 101-162, title V, (1), amended
    par. (2) generally. Prior to amendment, par. (2) read as follows:
    "In agreements to participate in loans on a deferred basis under
    this subsection, such participation by the Administration, except
    as provided in paragraph (6), shall be:
        "(A) not less than 90 per centum of the balance of the
      financing outstanding at the time of disbursement if such
      financing does not exceed $155,000; and
        "(B) subject to the limitation in paragraph (3) - 
          "(i) not less than 70 per centum nor more than 85 per centum
        of the financing outstanding at the time of disbursement if
        such financing exceeds $155,000 but is less than $714,285,
          "(ii) less than 70 per centum of the financing outstanding at
        the time of disbursement if such financing exceeds $714,285;
          "(iii) not less than 85 per centum of the financing
        outstanding at the time of disbursement if such financing is a
        loan under paragraph (16) and is less than $1,176,470; and
          "(iv) less than 85 per centum of the financing outstanding at
        the time of disbursement if such financing is a loan under
        paragraph (16) and exceeds $1,176,470;
    Provided, That the Administration shall not use the per centum of
    guarantee requested as a criterion to establish priorities in
    approving guarantee requests nor shall the Administration reduce
    the per centum guaranteed to less than 85 per centum pursuant to
    subparagraph (B) other than by a determination made on each
    application: Provided, further, That the Administration may reduce
    its participation below the per centums stated in this paragraph if
    the lender requests the reduction under the preferred lenders
    program or any successor thereto, but any such reduction shall not
    exceed five points. As used in this sentence the term 'preferred
    lenders program' means a program under which, pursuant to a written
    agreement between the lender and the Administration, the lender has
    been delegated (1) complete authority to make and close loans with
    a guarantee from the Administration without obtaining the prior
    specific approval of the Administration, and (2) authority to
    service and liquidate such loans."
      Subsec. (a)(19). Pub. L. 101-162, title V, (2), amended par. (19)
    generally. Prior to amendment, par. (19) read as follows: "During
    fiscal years 1989, 1990, and 1991, in addition to the preferred
    lenders program authorized by the proviso in section 634(b)(7) of
    this title, the Administration is authorized to establish a
    certified loan program for lenders who establish their knowledge of
    Administration laws and regulations concerning the loan guarantees
    program and their proficiency in program requirements. In order to
    encourage certified lenders and preferred lenders to provide loans
    of $50,000 or less in guarantees to eligible small business loan
    applicants, the Administration (A) shall develop and shall allow
    participating lenders in the certified loan program and in the
    preferred loan program to solely utilize a uniform and simplified
    loan form for such loans and (B) shall allow such lenders to retain
    one-half of the fee collected pursuant to subsection (a)(16) of
    this section on such loans: Provided, That a participating lender
    may not retain any fee pursuant to this paragraph if the amount
    committed and outstanding to the applicant would exceed $50,000
    unless such excess amount was not approved under the provisions of
    this paragraph. The designation of a lender as a certified lender
    shall be suspended or revoked at any time that the Administration
    determines that the lender is not adhering to its rules and
    regulations or if the Administration determines that the loss
    experience of the lender is excessive as compared to other lenders:
    Provided further, That any suspension or revocation of the
    designation shall not affect any outstanding guarantee: And,
    provided further, That the Administration may not reduce the per
    centum of guarantee as a criterion of eligibility for participation
    in this program, except as otherwise provided by law."
      Subsec. (a)(20)(C)(iv). Pub. L. 101-37, Sec. 9, inserted "is"
    before "amortized".
      Subsec. (j)(10)(A)(i). Pub. L. 101-37, Sec. 5(a), substituted
    "which set forth" for "which sets forth".
      Subsec. (j)(10)(D)(i). Pub. L. 101-37, Sec. 5(b)(1), substituted
    "Business Opportunity Specialist" for "business opportunity
    specialist".
      Subsec. (j)(10)(D)(ii)(II). Pub. L. 101-37, Sec. 5(b)(2),
    substituted "the small business concern" for "small business
    concerns".
      Subsec. (j)(10)(D)(iii). Pub. L. 101-37, Sec. 5(b)(3), inserted
    "relating to attaining business activity from sources other than
    contracts awarded pursuant to section 637(a) of this title" after
    "subparagraph (I)".
      Subsec. (j)(10)(D)(iv). Pub. L. 101-37, Sec. 5(b)(4), substituted
    "contract awards" for "contact awards".
      Subsec. (j)(10)(D)(iv)(I). Pub. L. 101-37, Sec. 5(b)(5), inserted
    "relating to attaining business activity from sources other than
    contracts awarded pursuant to section 637(a) of this title" after
    "subparagraph (I)".
      Subsec. (j)(10)(E)(ii). Pub. L. 101-37, Sec. 7(a)(1), substituted
    "completes the period of Program participation as prescribed by
    paragraph (15)" for "participates in the Program for a period in
    excess of the time limits prescribed by paragraph (15)".
      Subsec. (j)(10)(F). Pub. L. 101-37, Sec. 7(a)(2), struck out
    subpar. (F) appearing first, which read as follows: "For the
    purposes of this subsection and section 637(a) of this title, the
    terms 'terminated' or 'termination' shall mean the total denial".
      Pub. L. 101-37, Sec. 7(a)(3), in subpar. (F) appearing second,
    inserted first sentence and struck out former first sentence which
    read as follows: "For the purposes of this chapter, this subsection
    and section 637(a) of this title, the terms 'terminated' or
    'termination' shall mean the total denial or suspension of
    assistance provided pursuant to this paragraph or section 637(a) of
    this title prior to the graduation of the participating small
    business concern pursuant to subparagraph (H) or the expiration of
    the maximum program participation in terms prescribed by paragraph
    (15)."
      Subsec. (j)(10)(I). Pub. L. 101-37, Sec. 10(b), designated as
    subpar. (I) the undesignated subpar. which followed subpar. (H).
      Pub. L. 101-37, Sec. 10(a), made technical correction to
    directory language of Pub. L. 100-656, Sec. 303(a), see 1988
    Amendment note below.
      Subsec. (j)(10)(J)(i). Pub. L. 101-37, Sec. 6(a), substituted
    "suspended" for "suspended or terminated".
      Subsec. (j)(11)(B). Pub. L. 101-37, Sec. 4(1), added subpar. (B)
    and struck out former subpar. (B) which read as follows: "Except as
    provided in section 602(d) of the Business Opportunity Development
    Reform Act of 1988, any individual upon whom eligibility is based
    pursuant to section 637(a)(4) of this title, shall be permitted to
    assert such eligibility for only one small business concern.
    Notwithstanding the provisions of the preceding sentence, no
    individual who was determined pursuant to section 637(a) of this
    title to be socially and economically disadvantaged before June 1,
    1989, shall be permitted to assert such disadvantage with respect
    to any other concern making application for certification after
    June 1, 1989."
      Subsec. (j)(11)(E). Pub. L. 101-37, Sec. 4(2), (3), substituted
    "Office of Minority Small Business" for "Office of the Associate
    Administrator for Minority Small Business" and "the Associate
    Administrator for Minority Small Business and Capital Ownership
    Development" for "such Associate Administrator".
      Subsec. (j)(11)(F)(v). Pub. L. 101-37, Sec. 4(4), substituted "to
    the Associate Administrator" for "with the Associate
    Administrator".
      Subsec. (j)(11)(F)(vi). Pub. L. 101-37, Sec. 4(5), added cl. (vi)
    and struck out former cl. (vi) which read as follows: "decide
    protests from applicants that have been denied program admission;".
      Subsec. (j)(11)(F)(viii). Pub. L. 101-37, Sec. 4(6), substituted
    "subparagraph (I)" for "subparagraph (H)".
      Subsec. (j)(11)(G)(ii). Pub. L. 101-37, Sec. 4(7), substituted
    "Participants" for "participants".
      Subsec. (j)(11)(H), (I). Pub. L. 101-37, Sec. 4(9), added subpar.
    (H) and redesignated former subpar. (H) as (I).
      Subsec. (j)(12)(A). Pub. L. 101-37, Sec. 8(a)(1), substituted
    "developmental" for "development".
      Subsec. (j)(12)(B). Pub. L. 101-37, Sec. 8(a)(2), inserted "in
    its effort" after "to assist the concern".
      Subsec. (j)(13)(E). Pub. L. 101-37, Sec. 8(b), inserted second
    sentence and struck out former second sentence which read as
    follows: "Such financial assistance may be made without regard to
    section 647(a) of this title, shall be made by way of reimbursement
    to the training provider, and shall have such adjustments as may be
    necessary to provide for overpayments or underpayments."
      1988 - Subsec. (a)(2). Pub. L. 100-590, Sec. 103, inserted ", but
    any such reduction shall not exceed five points" after "any
    successor thereto" in second proviso.
      Subsec. (a)(2)(B)(iii), (iv). Pub. L. 100-418, Sec. 8007(a)(1),
    added cls. (iii) and (iv).
      Subsec. (a)(3). Pub. L. 100-418, Sec. 8007(a)(2), amended par.
    (3) generally. Prior to amendment, par. (3) read as follows: "No
    loan under this subsection shall be made if the total amount
    outstanding and committed (by participation or otherwise) to the
    borrower from the business loan and investment fund established by
    this chapter would exceed $500,000: Provided, That no such loan
    made or effected either directly or in cooperation with banks or
    other lending institutions through agreements to participate on an
    immediate basis shall exceed $350,000."
      Subsec. (a)(12). Pub. L. 100-590, Sec. 111(c), designated
    existing provisions as subpar. (A) and added subpar. (b)[(B)].
      Subsec. (a)(14). Pub. L. 100-418, Sec. 8005, amended par. (14)
    generally. Prior to amendment, par. (14) read as follows: "The
    Administration under this subsection may provide extensions and
    revolving lines of credit for export purposes to enable small
    business concerns to develop foreign markets and for preexport
    financing: Provided, however, That no such extension or revolving
    line of credit may be made for a period or periods exceeding
    eighteen months. A bank or participating lending institution may
    establish the rate of interest on extensions and revolving lines of
    credit as may be legal and reasonable."
      Subsec. (a)(16) to (18). Pub. L. 100-418, Sec. 8007(a)(3), (4),
    added pars. (16) and (17) and redesignated former par. (16) as
    (18).
      Subsec. (a)(19). Pub. L. 100-533 and Pub. L. 100-590, Sec.
    102(a), made identical amendments adding par. (19).
      Subsec. (a)(20). Pub. L. 100-656, Sec. 302, added par. (20).
      Subsec. (b)(1)(A). Pub. L. 100-590, Secs. 119(a), 121,
    substituted "natural or other disasters" for "floods, riots or
    civil disorders, or other catastrophes" and inserted proviso that
    Administration may increase loan up to additional 20 per centum to
    protect damaged or destroyed property from possible future
    disasters.
      Subsec. (b)(2)(A). Pub. L. 100-707, Sec. 109(f)(1), substituted
    "the Disaster Relief and Emergency Assistance Act" for "the Act
    entitled 'An Act to authorize Federal assistance to States and
    local governments in major disasters, and for other purposes',
    approved September 30, 1950, as amended (42 U.S.C. 1855-1855g)".
      Subsec. (b)(E). Pub. L. 100-707, Sec. 109(f)(2), substituted
    "section 312(a) of the Disaster Relief and Emergency Assistance
    Act" for "subsection (b) of section 315 of Public Law 93-288 (42
    U.S.C. 5155)".
      Subsec. (c)(5)(C). Pub. L. 100-590, Sec. 120(b), substituted
    "business or other concern, including agricultural cooperatives,"
    for "business concern".
      Subsec. (c)(6). Pub. L. 100-590, Sec. 122, substituted
    "refinancing: Provided further, That the Administration shall not
    require collateral for loans of $10,000 or less which are made
    under paragraph (1) of subsection (b) of this section". for
    "refinancing".
      Subsec. (c)(7). Pub. L. 100-590, Sec. 120(a), added par. (7).
      Subsec. (f). Pub. L. 100-707, Sec. 109(f)(3), substituted
    "section 102(2) of the Disaster Relief and Emergency Assistance
    Act" for "section 2(a) of the Act of September 30, 1950 (42 U.S.C.
    1855a(a))".
      Subsec. (j)(3)(A). Pub. L. 100-656, Sec. 505(h), struck out
    subpar. (A) which read as follows: "An advisory committee composed
    of five high-level officers from five United States businesses and
    five representatives of minority small businesses shall be created
    to facilitate the achievement of the purposes of this paragraph.
    The members of the advisory committee shall be appointed by the
    President. The chairman of the advisory committee, who shall be
    designated by the President shall report annually to the President
    and to the Congress on the activities of the advisory committee."
      Subsec. (j)(10)(A)(i). Pub. L. 100-656, Sec. 205(a), amended cl.
    (i) generally. Prior to amendment, cl. (i) read as follows: "assist
    small business concerns participating in the Program to develop
    comprehensive business plans with specific business targets,
    objectives, and goals for correcting the impairment of such
    concern's ability to compete, as determined for such concern
    pursuant to section 637(a)(6) of this title, within a fixed period
    of time as mutually agreed upon by the applicant and the
    Administrator prior to acceptance in such program: Provided, That
    not less than one year prior to the expiration of such period, and
    upon the request of such concern, the Administration shall review
    such period and may extend such period as necessary and
    appropriate: Provided further, That no determination made under
    this paragraph shall be considered a denial of total participation
    for the purposes of section 637(a)(9) of this title;".
      Subsec. (j)(10)(C). Pub. L. 100-656, Sec. 205(b)(1), (2),
    redesignated subpar. (D) as (C) and struck out former subpar. (C)
    which read as follows: "No small business concern shall receive a
    contract pursuant to section 637(a) of this title unless - 
        "(i) the business plan required pursuant to paragraph
      (10)(A)(i) is approved by the Administration; and
        "(ii) the program is able to provide such concern with, but not
      limited to, such management, technical and financial services as
      may be necessary to achieve the targets, objectives, and goals of
      such business."
      Subsec. (j)(10)(D). Pub. L. 100-656, Sec. 205(b)(2), (3), added
    subpar. (D). Former subpar. (D) redesignated (C).
      Pub. L. 100-656, Sec. 203, added subpar. (D).
      Subsec. (j)(10)(E) to (H). Pub. L. 100-656, Sec. 208, added
    subpars. (E) to (H).
      Subsec. (j)(10)[(I)]. Pub. L. 100-656, Sec. 303(a), as amended by
    Pub. L. 101-37, Sec. 10(a), added new subpar. without subpar.
    designation, but which probably was intended to be subpar. (I). See
    1989 Amendment note above.
      Subsec. (j)(10)(J). Pub. L. 100-656, Sec. 206, added subpar. (J).
      Subsec. (j)(11). Pub. L. 100-656, Sec. 201(a), designated
    existing provisions as subpar. (A) and added subpars. (B) to (H).
      Subsec. (j)(12). Pub. L. 100-656, Sec. 301(a), added par. (12).
      Subsec. (j)(13). Pub. L. 100-656, Sec. 301(b), added par. (13).
      Subsec. (j)(14). Pub. L. 100-656, Sec. 301(c), added par. (14).
      Subsec. (j)(15). Pub. L. 100-656, Sec. 202, added par. (15).
      Subsec. (j)(16). Pub. L. 100-656, Sec. 408, added par. (16).
      1986 - Subsec. (a)(2). Pub. L. 99-272, Sec. 18013, in subpar. (A)
    substituted "$155,000" for "$100,000", in subpar. (B)(i)
    substituted "$155,000" for "$100,000" and "85" for "90", in proviso
    following subpar. (B) substituted "85" for "90", and inserted a
    second proviso relating to reduction by the Administration of its
    participation below the per centum stated in this paragraph and
    defining "preferred lenders program".
      Subsec. (a)(15)(B)(i). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954", which
    for purposes of codification was translated as "title 26" thus
    requiring no change in text.
      Subsec. (a)(16). Pub. L. 99-272, Sec. 18007, added par. (16).
      Subsec. (b). Pub. L. 99-272, Sec. 18006(a)(1), in provision
    preceding par. (1) substituted "Except as to agricultural
    enterprises as defined in section 647(b)(1) of this title, the,"
    for "The", struck out par. (3) which authorized loans, each one not
    to exceed $500,000, to any small business concern to effect
    continuation of, additions to, alterations in, or reestablishment
    in the same or a new location of its plant, facilities, or methods
    or operation caused by direct action of the Federal Government or
    as a consequence of Federal Government action provided that the
    applicant was unable to obtain credit elsewhere, and struck out
    par. (4) which authorized disaster loans, each one not to exceed
    $100,000, to any small business concern located in an area of
    economic dislocation that was the result of the drastic fluctuation
    in the value of the currency of a country contiguous to the United
    States and adjustments in the regulation of its monetary system if
    such concern was unable to obtain credit elsewhere.
      Subsec. (c)(4). Pub. L. 99-272, Sec. 18006(a)(2), struck out
    provision following subpar. (D) which provided that loans, subject
    to reductions under subpars. (A) and (B) of par. (1), be in amounts
    equal to 100 percent of loss if the applicant was a homeowner and
    85 percent if the applicant was a business or otherwise, the
    interest rate for loans under pars. (1) and (2) be the rate of
    interest in effect on the date the disaster commenced, and the
    Administrator, in his discretion, waive the $500,000 limitation on
    the total amount outstanding and committed to the borrower under
    this subsection if the applicant constituted a major source of
    employment in an area suffering a disaster.
      1984 - Subsec. (b)(2). Pub. L. 98-270, Sec. 311(1), (3),
    substituted in provisions preceding subpar. (A) "small business
    concern or small agricultural cooperative" for "small business
    concern" and "the concern or the cooperative" for "the concern".
      Subsec. (b)(2)(D). Pub. L. 98-270, Sec. 311(2), substituted
    "small business concerns or small agricultural cooperatives" for
    "small business concerns".
      Subsec. (b)(3). Pub. L. 98-270, Sec. 308, inserted "continuation
    of," after "in effecting" and inserted provision directing that,
    for purposes of this paragraph, the impact of the 1983 Payment-in-
    Kind Land Diversion program, or any successor Payment-in-Kind
    program with a similar impact on the small business community, be
    deemed to be a consequence of Federal Government action.
      Subsec. (b)(4). Pub. L. 98-270, Sec. 304(2), added par. (4).
      Subsec. (c). Pub. L. 98-270, Sec. 301, added undesignated par.
    following par. (6).
      Subsec. (c)(5). Pub. L. 98-270, Sec. 301, added par. (5).
      Subsec. (c)(6). Pub. L. 98-270, Sec. 301, added par. (6).
      Pub. L. 98-270, Sec. 309, inserted provision directing that
    employees of concerns sharing common business premises be
    aggregated in determining "major source of employment" status for
    nonprofit applicants owning such premises.
      Subsec. (d)(1). Pub. L. 98-395 substituted provisions stating
    that the Administration shall not fund any Small Business
    Development Center except as authorized for former provisions which
    prohibited such funding only after October 1, 1980.
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 1902, substituted
    provisions empowering the Administration to the extent and in such
    amounts as provided in advance in appropriation acts, for plant
    acquisition, construction, conversion, or expansion, including the
    acquisition of land, material, supplies, equipment, and working
    capital, and to make loans to qualified small business concerns
    including those owned by qualified Indian tribes, for purposes of
    this chapter, and that financing may be made either directly or in
    cooperation with banks or other financial institutions through
    agreements to participate on an immediate or deferred basis for
    provisions empowering the Administration to make loans to enable
    small business concerns and such concerns wholly owned by Indian
    tribes to finance plant construction, conversion, or expansion,
    including the acquisition of land, or to finance residential or
    commercial construction or rehabilitation, for sale, with a proviso
    that such loans shall not be used primarily for the acquisition of
    land, or to finance the acquisition of equipment, facilities,
    machinery, supplies, or materials, or to supply such concerns with
    working capital to be used in the manufacture of articles,
    equipment, supplies, or materials for war, defense, or civilian
    production or as may be necessary to insure a well-balanced
    national economy, and that such loans may be made or effected
    either directly or in cooperation with banks or other lending
    institutions through agreements to participate on an immediate or
    deferred basis.
      Subsec. (a)(6)(C). Pub. L. 97-35, Sec. 1910, repealed subpar. (C)
    which read as follows: "the Administration shall not decline to
    participate in a loan on a deferred basis under this subsection
    solely because such loan will be used to refinance all or any part
    of the existing indebtedness of a small business concern, unless
    the Administration determines that - 
        "(i) the holder of such existing indebtedness is in a position
      likely to sustain a loss if such refinancing is not provided, and
        "(ii) if the Administration provides such refinancing through
      an agreement to participate on a deferred basis, it will be in a
      position likely to sustain part or all of any loss which would
      have otherwise been sustained by the holder of the original
      indebtedness: Provided further, That the Administration may
      decline to approve such refinancing if it determines that the
      loan will not benefit the small business concern."
      Subsec. (a)(8). Pub. L. 97-35, Sec. 1910, repealed par. (8) which
    read as follows: "(8)(A) Any loan made under the authority of this
    subsection by the Administration in cooperation with a bank or
    other lending institution through an agreement to participate on a
    deferred basis, may, upon the concurrence of the Administration,
    borrower and such bank or institution, have the term of such loan
    extended or such loan refinanced with an extension of its term:
    Provided, That the aggregate term of such extended or refinanced
    loan does not exceed the term permitted pursuant to paragraph (5):
    And provided further, That such extended loans, or refinancings
    shall be repaid in equal installments of principal and interest.
      "(B) An additional service fee not exceeding 1 per centum of the
    outstanding amount of the principal may be paid by the borrower to
    the lender in consideration for such lender extending the term or
    refinancing of such borrower's indebtedness if such extension or
    refinancing results in the term of such indebtedness exceeding ten
    years.
      "(C) The authority provided in this paragraph shall not be
    construed to otherwise limit the authority of the Administration to
    set terms and conditions of the loan."
      Subsec. (b)(1). Pub. L. 97-35, Sec. 1911, revised provisions to
    specifically authorize loans only to repair, rehabilitate, or
    replace property, real or personal, damaged or destroyed, and is
    not compensated for by insurance or otherwise, and to refinance any
    mortgage or other lien against a totally destroyed or substantially
    damaged home or business concern upon finding that the applicant is
    not able to obtain credit elsewhere, that such property is to be
    repaired, rehabilitated, or replaced, that the amount refinanced
    shall not exceed the loss, and that the amount shall be reduced to
    the extent such mortgage or lien is satisfied by insurance or
    otherwise.
      Subsec. (b)(2). Pub. L. 97-35, Sec. 1911, revised provisions to
    continue to authorize loans to business concerns which the
    Administration determines to have suffered substantial economic
    injury as a result of a physical disaster as declared under certain
    pertinent triggering legislation.
      Subsec. (b)(3) to (9). Pub. L. 97-35, Sec. 1913(a), designated
    existing provisions of par. (5) as (3) with minor changes, and
    struck out pars. (3), (4), and (6) to (9) relating to non-physical
    disaster loans.
      Subsec. (c)(3). Pub. L. 97-35, Sec. 1914, substituted "effective
    date of this Act" for "to October 1, 1983".
      Subsec. (c)(4). Pub. L. 97-35, Sec. 1912, added par. (4).
      Subsec. (g). Pub. L. 97-35, Sec. 1913(c), repealed subsec. (g)
    which related to loans to small business concerns for water
    pollution control facilities.
      1980 - Subsec. (a). Pub. L. 96-481, Sec. 112, inserted provisions
    preceding par. (1) empowering the Administration to the extent and
    in such amounts as are provided in appropriation acts to make or
    effect either directly or in cooperation with banks or other
    lending institutions through agreements to participate on an
    immediate or deferred basis extensions and revolving lines of
    credit for export purposes to enable small business concerns to
    develop foreign markets and for preexport financing, with proviso
    limiting the extension of credit or revolving line of credit to a
    period of eighteen months.
      Subsec. (a)(8). Pub. L. 96-302, Sec. 505, added par. (8).
      Subsec. (b). Pub. L. 96-302, Sec. 124, which directed that cl.
    (E), respecting duplication of disaster benefits, be added at end
    of subsec. (b), was executed by inserting cl. (E) following cl. (D)
    in next to last par. of subsec. (b) as the probable intent of
    Congress.
      Subsec. (b)(4). Pub. L. 96-302, Sec. 123, substituted "other
    causes" for "undetermined causes" and made the small business
    concern ineligible for loan assistance when the concern
    intentionally adulterates its product in attempting to establish
    eligibility under the loan assistance program.
      Subsec. (b)(8). Pub. L. 96-302, Sec. 122, authorized loans to
    assist small business concern affected by a shortage of coal or
    other energy-producing resource caused by a strike, boycott, or
    embargo, unless the strike, boycott, or embargo is directly against
    the small business concern.
      Subsec. (c)(3). Pub. L. 96-302, Sec. 119(a), (b), added subpar.
    (C) and extended disaster loans to disasters occurring prior to
    Oct. 1, 1983, instead of Oct. 1, 1982.
      Subsec. (d)(1). Pub. L. 96-302, Sec. 203, substituted provisions
    respecting: funding of small business development centers under
    section 648 of this title on and after Oct. 1, 1980; operation of
    such centers funded prior to Oct. 1, 1979; and prescribing $300,000
    limitation for fiscal year 1980, for such centers funded in fiscal
    year 1979, for provisions respecting grants for studies research,
    and counseling concerning the managing, financing, and operation of
    small-business enterprises; study and research recommendation; and
    conditions, now covered in section 648(a) of this title.
      Subsec. (j)(10). Pub. L. 96-481, Sec. 104, in opening paragraph
    substituted provision that the program and all other services and
    activities authorized under this subsection and section 637(a) of
    this title shall be managed by the Associate Administrator for
    Minority Small Business and Capital Ownership Development under the
    Supervision of, and responsible to the Administrator, for provision
    that the management of the program shall be vested in the Associate
    Administrator for Minority Small Business and Capital Ownership
    Development who shall also manage all other services and activities
    authorized under this subsection and section 637(a) of this title.
      Subsec. (j)(10)(A)(i). Pub. L. 96-481, Sec. 106(a), substituted
    "targets, objectives, and goals for correcting the impairment of
    such concern's ability to compete, as determined for such concern
    pursuant to section 637(a)(6) of this title, within a fixed period
    of time as mutually agreed upon by the applicant and the
    Administrator prior to acceptance in such program: Provided, That
    not less than one year prior to the expiration of such period, and
    upon the request of such concern, the Administration shall review
    such period and may extend such period as necessary and
    appropriate; Provided further, That no determination made under
    this paragraph shall be considered a denial of participation for
    the purposes of section 637(a)(9) of this title" for "targets,
    objectives and goals".
      Subsec. (j)(10)(C). Pub. L. 96-481, Sec. 107, in the conditions
    required to receive a contract by a small business concern,
    substituted provisions that the business plan be approved by the
    Administration and that the program be able to provide the concern
    with management, technical and financial services necessary to
    achieve the targets, objectives and goals of such business, for
    provision that the program be able to provide the concern with
    management, technical and financial services as may be necessary to
    promote the competitive viability of the concern within a
    reasonable period of time.
      1979 - Subsec. (b) following par. (9). Pub. L. 96-38 inserted ",
    except as provided in subsection (c) of this section," after "the
    interest rate on the Administration's share of any loan made under
    this subsection" in first unnumbered paragraph.
      Subsec. (c)(3). Pub. L. 96-38 added par. (3).
      1978 - Subsec. (a). Pub. L. 95-507, Sec. 231, inserted provision
    including small-business concerns totally owned and controlled by
    Indian tribes within the scope of this section.
      Subsec. (d). Pub. L. 95-315, Sec. 3, designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (j). Pub. L. 95-507, Sec. 204, included individuals and
    enterprises eligible for assistance under par. (10) of this
    subsection and section 637(a) of this title among those eligible
    for assistance under this section, provided for the establishment
    of the small business and capital ownership development program,
    and provided for the coordination of certain Federal policies under
    this section by the Associate Administrator for Minority Small
    Business and Capital Ownership Development.
      Subsec. (k). Pub. L. 95-507, Sec. 205, inserted reference to
    section 637(a).
      Subsec. (k)(4). Pub. L. 95-510 substituted "the daily equivalent
    of the highest rate payable under section 5332 of title 5" for
    "$100 per diem".
      Subsec. (l). Pub. L. 95-315, Sec. 2, added subsec. (l).
      1977 - Subsec. (a). Pub. L. 95-89, Sec. 301, authorized loans to
    finance residential or commercial construction or rehabilitation
    for sale, subject to restriction that such loans be not used
    primarily for the acquisition of land.
      Subsec. (a)(8). Pub. L. 95-89, Sec. 101(d), repealed par. (8)
    which required the Administrator to make direct loans under subsec.
    (a) in an aggregate amount of not less than $400,000,000 during
    fiscal year ending June 30, 1975.
      Subsec. (b). Pub. L. 95-89, Sec. 405, inserted following par. (9)
    provisions respecting interest rate on loans to repair or replace
    primary residence and/or replace or repair damaged or destroyed
    personal property, including installation of insulation in
    connection with any disaster occurring on or after April 1, 1977,
    and transmission of a report to congressional committees respecting
    the activities under the provisions and the encouragement of such
    insulation installations.
      Subsec. (b)(2)(C) to (E). Pub. L. 95-89, Sec. 403, added subpars.
    (C) to (E).
      Subsec. (b)(3). Pub. L. 95-89, Sec. 402, substituted "program or
    project constructed by or with funds provided in whole or in part
    by the Federal Government or by a program or project by a State or
    local government or public service entity, providing such
    government or public service entity has the authority to exercise
    the right of eminent domain on such program or project" for
    "federally aided urban renewal program or a highway project or any
    other construction constructed by or with funds provided in whole
    or in part by the Federal Government".
      Subsec. (b)(5). Pub. L. 95-89, Sec. 302, inserted "heretofore or
    hereafter enacted" after "any Federal law".
      Subsec. (b)(9). Pub. L. 95-89, Sec. 404, added par. (9).
      Subsec. (g)(4). Pub. L. 95-89, Sec. 101(e), repealed par. (4)
    which authorized appropriation of not to exceed $800,000,000 to the
    disaster fund solely for purpose of carrying out subsec. (g) loans
    to small business concerns for water pollution control facilities.
      1976 - Subsec. (a)(1). Pub. L. 94-305, Sec. 112(c), inserted
    reference to non-Federal sources.
      Subsec. (a)(4)(A). Pub. L. 94-305, Sec. 111, substituted
    "$500,000: Provided, That no such loan made or effected either
    directly or in cooperation with banks or other lending institutions
    through agreements to participate on an immediate basis shall
    exceed $350,000" for "$350,000".
      Subsec. (a)(4)(C). Pub. L. 94-305, Sec. 108(b), substituted
    provision relating to a twenty year maturity period for any portion
    of loan made for the purpose of acquiring real property or
    constructing facilities for provision relating to a ten year
    maturity for portion of loan made for purpose of constructing
    facilities.
      Subsec. (b). Pub. L. 94-305, Sec. 114, in provisions following
    par. (8), substituted provisions requiring interest rate on
    Administration's share of any loan made under this subsection not
    to exceed the average annual interest rate on all interest-bearing
    obligations of the United States then forming a part of the public
    debt for provisions requiring interest rate on Administration's
    share of any loan made under this subsection not to exceed 3 per
    centum per annum except for loans made under pars. (3), (5), (6),
    (7), or (8) in which the interest will not exceed either 2 3/4  per
    centum per annum or the average annual interest rate of all
    interest-bearing obligations of the United States then forming a
    part of the public debt.
      Subsec. (b)(4). Pub. L. 94-305, Sec. 112(d), struck out proviso
    that loans under subsec. (b)(4) of this section include loans to
    persons who are engaged in business of raising livestock, and who
    suffer substantial injury as a result of animal disease.
      Subsec. (i)(1), (3). Pub. L. 94-305, Sec. 109, substituted
    "$100,000" for "$50,000".
      1974 - Subsec. (a)(4)(B). Pub. L. 93-386, Sec. 8, substituted
    provisions for determining the rate of interest for the
    Administration's share of any loan for provisions setting forth the
    rate of interest for the Administration's share of any loan as not
    more than 5 1/2  per centum per annum.
      Subsec. (a)(5)(B). Pub. L. 93-386, Sec. 8, substituted provisions
    for determining the rate of interest for the Administration's share
    of any loan for provisions setting forth the rate of interest for
    the Administration's share of any loan as not less than 3 nor more
    than 5 per centum per annum.
      Subsec. (a)(8). Pub. L. 93-386, Sec. 12, added par. (8).
      Subsec. (b)(4). Pub. L. 93-237, Sec. 5, inserted proviso that
    loans under this paragraph include loans to persons who are engaged
    in the business of raising livestock and who suffer substantial
    economic injury as a result of animal disease.
      Subsec. (b)(5) to (7). Pub. L. 93-237, Secs. 2(a), (b), 6,
    consolidated into a single par. (5) the authority of the Small
    Business Administration contained in former par. (5) to make loans
    to small business concerns to meet the requirements of the Federal
    Coal Mine Health and Safety Act of 1969, the Egg Products
    Inspection Act, the Wholesome Poultry Products Act, and the
    Wholesome Meat Act, and former par. (6) to make loans to small
    business concerns to meet the requirements of the Occupational
    Safety and Health Act of 1970, expanded such authority to finance
    structural, operational, or other changes required in order to meet
    standards imposed by Federal laws, or by State laws enacted in
    conformity with Federal laws, redesignated former par. (7) as par.
    (6), and added par. (7).
      Subsec. (b)(8). Pub. L. 93-386, Sec. 9(a), added par. (8).
      Subsec. (b). Pub. L. 93-386, Sec. 9(b), substituted "paragraph
    (3), (5), (6), (7), or (8)" for "paragraph (3), (5), (6), or (7)"
    in first par. following the numbered pars.
      Subsecs. (g), (h). Pub. L. 93-237, Sec. 3(a), redesignated
    subsec. (g), relating to loans to handicapped persons and
    organizations for handicapped, as (h).
      Subsec. (h)(2). Pub. L. 93-386, Sec. 3(2), inserted "The
    Administration's share of" before "any loan".
      Subsecs. (i) to (k). Pub. L. 93-386, Sec. 2(a)(4), added subsecs.
    (i) to (k).
      1972 - Subsec. (b). Pub. L. 92-385 added par. (7), and in text
    following the numbered paragraphs, inserted provisions relating to
    the administration of the disaster loan program in relation to
    disasters occurring between January 1, 1971, and July 1, 1973.
      Subsec. (g). Pub. L. 92-595 added subsec. (g) relating to loans
    to handicapped persons and organizations for handicapped.
      Pub. L. 92-500 added subsec. (g) relating to loans to small
    business concerns for water pollution control facilities.
      1970 - Subsec. (b). Pub. L. 91-597 added par. (5) relating to
    loans for additions or alterations required under the Egg Products
    Inspection Act, etc., and inserted reference to such par. (5).
      Pub. L. 91-596 added par. (6) and inserted reference to par. (6)
    after reference to par. (5).
      1969 - Subsec. (b). Pub. L. 91-173 added par. (5), and inserted
    reference to par. (5) after reference to par. (3).
      1968 - Subsec. (b)(1). Pub. L. 90-448 empowered the
    Administration to make loans because of riots or civil disorders.
      Subsec. (b)(3). Pub. L. 90-495 added continuing in business at
    its existing location, purchasing a business, and establishing a
    new business to the list of purposes for which loans may be made,
    and extended the causes of substantial economic injury of the
    concern involved to include its location in, adjacent to, or near a
    federally aided urban renewal program, highway project, or other
    construction project using federal funds.
      1967 - Subsec. (a)(4). Pub. L. 90-104, Sec. 103, extended
    maturity date for construction loans from ten to fifteen years.
      Subsec. (f). Pub. L. 90-104, Sec. 104, redesignated subsec. (e),
    added by Pub. L. 89-769, as (f).
      1966 - Subsec. (e). Pub. L. 89-409 added subsec. (e).
      Pub. L. 89-769 added subsec. (e) which provided for assistance to
    privately owned higher education in major disaster areas and
    repayment.
      1965 - Subsec. (b). Pub. L. 89-59, Sec. 1(a), increased the
    maturity of disaster loans from twenty to thirty years, and
    authorized suspension of principal and interest payments and
    extension of date of maturity for five year period.
      Subsec. (c). Pub. L. 89-59, Sec. 1(b), designated existing
    provisions as par. (1) and added par. (2).
      1964 - Subsecs. (b)(2), (4). Pub. L. 88-264 extended provisions
    of par. (2) to any small business affected by disasters other than
    drought or excessive rainfall and added par. (4) for disaster loans
    to any such business suffering economic injuries through natural or
    undetermined causes.
      Subsec. (b)(3). Pub. L. 88-560 provided that the purposes of a
    loan under this paragraph may include the purchase or construction
    of other premises whether or not the borrower owned the premises
    from which it was displaced.
      1961 - Subsec. (b). Pub. L. 87-70 added par. (3), and inserted
    provisions limiting the interest rate in the case of loans made
    pursuant to par. (3) to not more than the higher of (A) 2 3/4  per
    centum per annum, or (B) the average annual interest rate on all
    interest-bearing obligations forming a part of the public debt as
    computed at the end of the fiscal year next preceding the date of
    the loan and adjusted to the nearest one-eighth of 1 per centum,
    plus one-quarter of 1 per centum per annum.
      Subsec. (d). Pub. L. 87-305 empowered the Administration to make
    grants to any corporation formed by two or more eligible entities
    described in the text, authorized it to recommend to grant
    applicants particular studies or research, eliminated the
    limitation of one grant to a State, and conditioned grants to the
    procurement of additional amounts from sources other than the
    Administration.
      1959 - Subsec. (d). Pub. L. 86-367 struck out provision for
    making the grants from the fund established in the Treasury by
    section 602(b) of the Small Business Investment Act of 1958.
      1958 - Subsec. (d). Pub. L. 85-699 added subsec. (d).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
    Previously, Select Committee on Small Business of Senate became
    Committee on Small Business of Senate. See Senate Resolution No.
    101, Ninety-Seventh Congress, Mar. 25, 1981.


-MISC2-
                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-447, div. K, title I, Sec. 101(b), Dec. 8, 2004, 118
    Stat. 3443, provided that: "The amendment made by subsection (a)
    [amending this section] shall take effect on the date of enactment
    of this Act [Dec. 8, 2004]."
      Pub. L. 108-447, div. K, title I, Sec. 103(b), Dec. 8, 2004, 118
    Stat. 3444, provided that: "The amendment made by subsection (a)
    [amending this section] shall take effect on the date of enactment
    of this Act [Dec. 8, 2004]."
      Pub. L. 108-447, div. K, title I, Sec. 107(c), Dec. 8, 2004, 118
    Stat. 3446, provided that: "The amendments made by this section
    [amending this section] shall take effect on the date of enactment
    of this Act [Dec. 8, 2004]."

                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Amendment by Pub. L. 107-100 effective Oct. 1, 2002, see section
    6(e) of Pub. L. 107-100, set out in an Effective Date of 2001
    Amendment; Use of Funds note under section 697 of this title.

            EFFECTIVE AND TERMINATION DATES OF 1999 AMENDMENTS        
      Pub. L. 106-50, title IV, Sec. 402(e), Aug. 17, 1999, 113 Stat.
    246, provided that:
      "(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section] shall take
    effect on the date of the enactment of this section [Aug. 17,
    1999].
      "(2) Disaster loans. - The amendments made by subsection (b)
    [amending this section] shall apply to economic injury suffered or
    likely to be suffered as the result of a period of military
    conflict occurring or ending on or after March 24, 1999."
      Pub. L. 106-8, Sec. 3(c), Apr. 2, 1999, 113 Stat. 16, provided
    that effective Dec. 31, 2000, this section (amending this section
    and enacting provisions set out as a note under this section) and
    the amendments made by this section are repealed.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(10)] of Pub.
    L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
    [title VIII, Sec. 405(f)(9)] of Pub. L. 105-277 effective July 1,
    2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of
    Pub. L. 105-277, set out as a note under section 3502 of Title 5,
    Government Organization and Employees.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective on Oct. 1, 1997, see
    section 3 of Pub. L. 105-135, set out as a note under section 631
    of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective Oct. 1, 1996, see section
    3 of Pub. L. 104-208, set out as a note under section 633 of this
    title.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-36 inapplicable to loans made or
    guaranteed under Small Business Act or Small Business Investment
    Act of 1958 before Oct. 12, 1995, unless such loans are refinanced,
    extended, restructured, or renewed on or after Oct. 12, 1995, see
    section 8 of Pub. L. 104-36, set out as a note under section 634 of
    this title.

             EFFECTIVE AND TERMINATION DATES OF 1994 AMENDMENT         
      Section 208(c) of Pub. L. 103-403 provided that: "The amendments
    made by this section [amending this section] shall remain in effect
    during the period beginning on the date of enactment of this Act
    [Oct. 22, 1994] and ending on October 1, 1997."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Section 5(b) of Pub. L. 103-81 provided that: "Notwithstanding
    any other provision of law, the amendments made by subsection (a)
    [amending this section] shall be effective September 1, 1993, but
    shall not be applicable to loan guarantee applications received by
    the Administration prior to August 21, 1993. In order to determine
    the percent of the loan to be guaranteed pursuant to the amendments
    made by subsection (a), the Administration shall aggregate the
    outstanding guaranteed principal of multiple loan guarantees issued
    on behalf of the same borrower."

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 113(b) of Pub. L. 102-366 provided that: "The amendments
    made by paragraphs (4) and (5) of subsection (a) [amending this
    section] shall become effective on October 1, 1992."

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-37 applicable as if included in Pub. L.
    100-656, see section 32 of Pub. L. 101-37, set out as a note under
    section 631 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Amendments by sections 202, 203, 206, 301(a), 408, and 505(h) of
    Pub. L. 100-656 and subsec. (j)(13)(G) and (I) of this section as
    added by section 301(b) of Pub. L. 100-656, effective Nov. 15,
    1988, see section 803(a) of Pub. L. 100-656, set out as a note
    under section 631 of this title.
      Amendments by sections 201(a), 205, 208, 301(b), (c), and 303(a)
    of Pub. L. 100-656 effective Aug. 15, 1989, see section
    803(b)(1)(A), (B) of Pub. L. 100-656, as amended, set out as a note
    under section 631 of this title.
      Amendment by section 302 of Pub. L. 100-656 effective June 1,
    1989, see section 803(b)(2) of Pub. L. 100-656, as amended, set out
    as a note under section 631 of this title.
      Subsection (j)(13)(E) of this section as added by section 301(b)
    of Pub. L. 100-656 effective Oct. 1, 1989, see section 803(b)(4)(D)
    of Pub. L. 100-656, as amended, set out as a note under section 631
    of this title.
      Amendments by sections 119(a) and 120 to 122 of Pub. L. 100-590
    effective for all loan applications resulting from disaster
    declarations made on or after Aug. 1, 1988, or from disaster
    declarations whose filing periods were open on Oct. 1, 1988, see
    section 137 of Pub. L. 100-590, set out as a note under section 631
    of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-270 effective Oct. 1, 1983, see section
    313 of Pub. L. 98-270, set out as a note under section 632 of this
    title.
      Section 307 of Pub. L. 98-270 provided that: "The amendments made
    by sections 304 and 305 of this title [amending this section and
    provisions set out as a note under section 631 of this title] shall
    apply to economic dislocations certified by any State Governor to
    the Small Business Administration after the date of enactment of
    this Act [Apr. 18, 1984] providing such dislocation commenced since
    January 1, 1982."
      Amendment by section 311 of Pub. L. 98-270 applicable to loans
    granted on the basis of any disaster with respect to which a
    declaration has been issued after Sept. 1, 1982, under subsec.
    (b)(2)(A), (B), or (C) of this section or with respect to which a
    certification has been made after such date under subsec. (b)(2)(D)
    of this section, see section 312 of Pub. L. 98-270, set out as a
    note under section 632 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 1910 of Pub. L. 97-35 provided that the repeal of subsec.
    (a)(6)(C), (8) of this section is effective Oct. 1, 1985.
      Amendment by section 1913 of Pub. L. 97-35 effective Oct. 1,
    1981, amendments by sections 1902, 1911, 1912, and 1914 of Pub. L.
    97-35 effective Aug. 13, 1981, but shall not affect any financing
    made, obligated, or committed under this chapter or chapter 14B of
    this title prior to Aug. 13, 1981, see section 1918 of Pub. L. 97-
    35, set out as a note under section 631 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.
      Section 119(d) of Pub. L. 96-302 provided that: "The amendments
    made by this section to sections 7(c)(3)(C) [subsection (c)(3) of
    this section] and 18 [section 647 of this title] of the Small
    Business Act shall not apply to any disaster which commenced on or
    before the effective date of this Act."

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-510 effective Oct. 1, 1979, see section
    105 of Pub. L. 95-510, set out as a note under section 634 of this
    title.

                     EFFECTIVE DATE OF 1977 AMENDMENT                 
      Amendment by section 101(d), (e) of Pub. L. 95-89 effective Oct.
    1, 1977, see section 106 of Pub. L. 95-89, set out as a note under
    section 633 of this title.

                     EFFECTIVE DATE OF 1972 AMENDMENT                 
      Section 1(b) of Pub. L. 92-385 provided that: "The last paragraph
    of the amendment made by subsection (a) [amending this section]
    shall apply only with respect to loans made on or after the date of
    enactment of this Act [Aug. 16, 1972]."

                     EFFECTIVE DATE OF 1970 AMENDMENTS                 
      For effective date of amendment by Pub. L. 91-597 see section 29
    of Pub. L. 91-597, set out as a note under section 1031 of Title
    21, Food and Drugs.
      Amendment by Pub. L. 91-596 effective 120 days after Dec. 29,
    1970, see section 34 of Pub. L. 91-596, set out as a note under
    section 651 of Title 29, Labor.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-495 effective Aug. 23, 1968, see section
    37 of Pub. L. 90-495, set out as a note under section 101 of Title
    23, Highways.

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Section 3(c) of Pub. L. 89-409 provided that: "This section
    [amending this section, repealing section 637a of this title, and
    enacting provisions set out as a note under section 633 of this
    title] shall take effect on July 1, 1966."

                                REGULATIONS                            
      Pub. L. 106-50, title IV, Sec. 402(d), Aug. 17, 1999, 113 Stat.
    246, provided that: "Not later than 30 days after the date of the
    enactment of this section [Aug. 17, 1999], the Administrator of the
    Small Business Administration shall issue such guidelines as the
    Administrator determines to be necessary to carry out this section
    [amending this section and enacting provisions set out as notes
    under this section] and the amendments made by this section."
      Pub. L. 106-8, Sec. 3(b), Apr. 2, 1999, 113 Stat. 15, which
    provided that not later than 30 days after Apr. 2, 1999,
    Administrator of the Small Business Administration was to issue
    guidelines to carry out the program under former subsec. (a)(27) of
    this section, was repealed by Pub. L. 106-8, Sec. 3(c), Apr. 2,
    1999, 113 Stat. 16, effective Dec. 31, 2000.
      Section 114 of Pub. L. 102-366 provided that: "Not later than 45
    days after the date of enactment of this Act [Sept. 4, 1992], the
    Small Business Administration shall promulgate interim final
    regulations to implement the amendments made by this subtitle
    [subtitle B (Secs. 111-115) of title I of Pub. L. 102-366, amending
    this section, enacting provisions set out as notes below, and
    amending provisions set out as a note under section 631 of this
    title]."
      Section 609(i) of Pub. L. 102-140 provided that: "Not later than
    90 days after the date of the enactment of this Act [Oct. 28,
    1991], the Small Business Administration shall promulgate interim
    final regulations to implement the microloan demonstration
    program."
      Section 801 of Pub. L. 100-656, as amended by Pub. L. 101-37,
    Sec. 30, June 15, 1989, 103 Stat. 76, provided that: "The Small
    Business Administration shall - 
        "(1) within 60 days after the date of enactment of this Act
      [Nov. 15, 1988] conduct meetings of present and potential
      participants in the program established by section 7(j)(10) of
      the Small Business Act [15 U.S.C. 636(j)(10)], as amended by this
      Act, to ascertain and consider public comment on the nature and
      extent of regulations needed to implement this Act [see Short
      Title of 1988 Amendment note set out under section 631 of this
      title];
        "(2) within one hundred and twenty days after the date of
      enactment of this Act, publish in the Federal Register proposed
      rules and regulations implementing this Act; and
        "(3) within 270 days after the date of enactment of this Act,
      publish in the Federal Register final rules and regulations
      implementing this Act."

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which reports required under subsections (a)(15)(E) and (j)(16)(B)
    of this section are listed on page 191), see section 3003 of Pub.
    L. 104-66, as amended, set out as a note under section 1113 of
    Title 31, Money and Finance.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of all functions, personnel, assets, components,
    authorities, grant programs, and liabilities of the Federal
    Emergency Management Agency, including the functions of the Under
    Secretary for Federal Emergency Management relating thereto, to the
    Federal Emergency Management Agency, see section 315(a)(1) of Title
    6, Domestic Security.
      For transfer of functions, personnel, assets, and liabilities of
    the Federal Emergency Management Agency, including the functions of
    the Director of the Federal Emergency Management Agency relating
    thereto, to the Secretary of Homeland Security, and for treatment
    of related references, see former section 313(1) and sections
    551(d), 552(d), and 557 of Title 6, Domestic Security, and the
    Department of Homeland Security Reorganization Plan of November 25,
    2002, as modified, set out as a note under section 542 of Title 6.


-MISC3-
            TEMPORARY EXTENSION AND EXPANSION OF LOAN PROGRAMS        
      Pub. L. 108-217, Secs. 4-8, Apr. 5, 2004, 118 Stat. 591-594,
    provided that:

      "SEC. 4. COMBINATION FINANCING.
      "(a) In General. - During the period beginning on the date of the
    enactment of this section [Apr. 5, 2004] and ending on September
    30, 2004, subsection (a) of section 7 of the Small Business Act (15
    U.S.C. 636(a)) shall be applied as if the paragraph set forth in
    subsection (b) were added at the end of that subsection (a).
      "(b) Paragraph Specified. - The paragraph referred to in
    subsection (a) is as follows:
      " '(31) Combination financing. - 
        " '(A) Definitions. - In this paragraph - 
          " '(i) the term "combination financing" means financing
        comprised of a loan guaranteed under this subsection and a
        commercial loan; and
          " '(ii) the term "commercial loan" means a loan which is part
        of a combination financing and no portion of which is
        guaranteed by the Federal Government.
        " '(B) Applicability. - This paragraph applies to a loan
      guarantee obtained by a small business concern under this
      subsection, if the small business concern also obtains a
      commercial loan.
        " '(C) Commercial loan amount. - In the case of any combination
      financing, the amount of the commercial loan which is part of
      such financing shall not exceed the gross amount of the loan
      guaranteed under this subsection which is part of such financing.
        " '(D) Commercial loan provisions. - The commercial loan
      obtained by the small business concern - 
          " '(i) may be made by the participating lender that is
        providing financing under this subsection or by a different
        lender;
          " '(ii) may be secured by a senior lien; and
          " '(iii) may be made by a lender in the Preferred Lenders
        Program, if applicable.
        " '(E) Commercial loan fee. - A one-time fee in an amount equal
      to 0.7 percent of the amount of the commercial loan shall be paid
      by the lender to the Administration if the commercial loan has a
      senior credit position to that of the loan guaranteed under this
      subsection. Paragraph (23)(B) shall apply to the fee established
      by this paragraph.
        " '(F) Deferred participation loan security. - A loan
      guaranteed under this subsection may be secured by a subordinated
      lien.
        " '(G) Completion of application processing. - The
      Administrator shall complete processing of an application for
      combination financing under this paragraph pursuant to the
      program authorized by this subsection as it was operating on
      October 1, 2003.
        " '(H) Business loan eligibility. - Any standards prescribed by
      the Administrator relating to the eligibility of small business
      concerns to obtain combination financing under this subsection
      which are in effect on the date of the enactment of this
      paragraph [Apr. 5, 2004] shall apply with respect to combination
      financings made under this paragraph. Any modifications to such
      standards by the Administrator after such date shall not
      unreasonably restrict the availability of combination financing
      under this paragraph relative to the availability of such
      financing before such modifications.'.

      "SEC. 5. LOAN GUARANTEE FEES.
      "(a) In General. - During the period beginning on the date of the
    enactment of this section [Apr. 5, 2004] and ending on September
    30, 2004, subparagraph (A) of paragraph (23) of subsection (a) of
    section 7 of the Small Business Act (15 U.S.C. 636(a)(23)(A)) shall
    be applied as if that subparagraph consisted of the language set
    forth in subsection (b).
      "(b) Language Specified. - The language referred to in subsection
    (a) is as follows:
        " '(A) Percentage. - 
          " '(i) In general. - With respect to each loan guaranteed
        under this subsection, the Administrator shall, in accordance
        with such terms and procedures as the Administrator shall
        establish by regulation, assess and collect an annual fee in an
        amount equal to 0.5 percent of the outstanding balance of the
        deferred participation share of the loan.
          " '(ii) Temporary percentage. - With respect to loans
        approved during the period beginning on the date of enactment
        of this clause [Apr. 5, 2004] and ending on September 30, 2004,
        the annual fee assessed and collected under clause (i) shall be
        equal to 0.36 percent of the outstanding balance of the
        deferred participation share of the loan.'.
      "(c) Retention of Certain Fees. - Subparagraph (B) of paragraph
    (18) of subsection (a) of section 7 of the Small Business Act (15
    U.S.C. 636(a)(18)(B)) shall not be effective during the period
    beginning on the date of the enactment of this section [Apr. 5,
    2004] and ending on September 30, 2004.

      "SEC. 6. EXPRESS LOAN PROVISIONS.
      "(a) Definitions. - For the purposes of this section:
        "(1) The term 'express lender' shall mean any lender authorized
      by the Administrator to participate in the Express Loan Pilot
      Program.
        "(2) The term 'Express Loan' shall mean any loan made pursuant
      to section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in
      which a lender utilizes to the maximum extent practicable its own
      loan analyses, procedures, and documentation.
        "(3) The term 'Express Loan Pilot Program' shall mean the
      program established by the Administrator prior to the date of
      enactment of this section [Apr. 5, 2004] under the authority
      granted in section 7(a)(25)(B) of the Small Business Act (15
      U.S.C. 636(a)(25)(B)) with a guaranty rate not to exceed 50
      percent.
        "(4) The term 'Administrator' means the Administrator of the
      Small Business Administration.
        "(5) The term 'small business concern' has the same meaning
      given such term under section 3(a) of the Small Business Act (15
      U.S.C. 632(a)).
      "(b) Restriction to Express Lender. - The authority to make an
    Express Loan shall be limited to those lenders deemed qualified to
    make such loans by the Administrator. Designation as an express
    lender for purposes of making an Express Loan shall not prohibit
    such lender from taking any other action authorized by the
    Administrator for that lender pursuant to section 7(a) of the Small
    Business Act (15 U.S.C. 636(a)).
      "(c) Grandfathering of Existing Lenders. - Any express lender
    shall retain such designation unless the Administrator determines
    that the express lender has violated the law or regulations
    promulgated by the Administrator or modifies the requirements to be
    an express lender and the lender no longer satisfies those
    requirements.
      "(d) Temporary Expansion of Express Loan Pilot Program. - 
        "(1) Authorization. - As of the date of enactment of this
      section [Apr. 5, 2004], the maximum loan amount in the Express
      Loan Pilot Program shall be increased to a maximum loan amount of
      $2,000,000 as set forth in section 7(a)(3)(A) of the Small
      Business Act (15 U.S.C. 636(a)(3)(A)).
        "(2) Termination date. - The authority set forth in paragraph
      (1) shall terminate on September 30, 2004.
        "(3) Savings provision. - Nothing in this section shall be
      interpreted to modify or alter the authority of the Administrator
      to continue to operate the Express Loan Pilot Program on or after
      October 1, 2004.
      "(e) Option to Participate. - Except as otherwise provided in
    this section, the Administrator shall take no regulatory, policy,
    or administrative action, without regard to whether such action
    requires notification pursuant to section 7(a)(24) of the Small
    Business Act (15 U.S.C. 636(a)(24)), that has the effect of - 
        "(1) requiring a lender to make an Express Loan pursuant to
      subsection (d);
        "(2) limiting or modifying any term or condition of deferred
      participation loans made under such section (other than Express
      Loans) unless the Administrator imposes the same limit or
      modification on Express Loans;
        "(3) transferring or re-allocating staff, staff
      responsibilities, resources, or funding, if the result of such
      transfer or re-allocation would be to increase the average loan
      processing, approval, or disbursement time above the averages for
      those functions as of October 1, 2003, for loan guarantees
      approved under such section by employees of the Administration or
      through the Preferred Lenders Program; or
        "(4) otherwise providing any incentive or disincentive which
      encourages lenders or borrowers to make or obtain loans under the
      Express Loan Pilot Program instead of under the general loan
      authority of section 7(a) of the Small Business Act (15 U.S.C.
      636(a)).
      "(f) Collection and Reporting of Data. - For all loans in excess
    of $250,000 made pursuant to the authority set forth in subsection
    (d)(1), the Administrator shall, to the extent practicable, collect
    data on the purpose for each such loan. The Administrator shall
    report monthly to the Committee on Small Business and
    Entrepreneurship of the Senate and the Committee on Small Business
    of the House of Representatives on the number of such loans and
    their purposes.
      "(g) Termination. - Subsections (b), (c), (e), and (f) shall not
    apply after September 30, 2004.

      "SEC. 7. FISCAL YEAR 2004 DEFERRED PARTICIPATION STANDARDS.
      "Deferred participation loans made during the period beginning on
    the date of the enactment of this Act [Apr. 5, 2004] and ending on
    September 30, 2004, under section 7(a) of the Small Business Act
    (15 U.S.C. 636(a)) shall have the same terms and conditions
    (including maximum gross loan amounts and collateral requirements)
    as were applicable to loans made under such section on October 1,
    2003, except as otherwise provided in this Act [amending section
    697 of this title, enacting this note, and amending provisions set
    out as a note under section 631 of this title]. This section shall
    not preclude the Administrator of the Small Business Administration
    from taking such action as necessary to maintain the loan program
    carried out under such section, subject to appropriations.

      "SEC. 8. TEMPORARY INCREASE IN LOAN LIMIT UNDER BUSINESS LOAN AND
        INVESTMENT FUND AND IN ASSOCIATED GUARANTEE FEES.
      "(a) Temporary Increase in Amount Permitted to Be Outstanding and
    Committed. - During the period beginning on the date of the
    enactment of this Act [Apr. 5, 2004] and ending on September 30,
    2004, section 7(a)(3)(A) of the Small Business Act (15 U.S.C.
    636(a)(3)(A)) shall be applied as if the first dollar figure were
    $1,500,000.
      "(b) Temporary Guarantee Fee on Deferred Participation Share Over
    $1,000,000. - With respect to loans made during the period referred
    to in subsection (a) to which section 7(a)(18) of the Small
    Business Act (15 U.S.C. 636(a)(18)) applies, the Administrator of
    the Small Business Administration shall collect an additional
    guarantee fee equal to 0.25 percent of the amount (if any) by which
    the deferred participation share of the loan exceeds $1,000,000."

                BUDGETARY TREATMENT OF LOANS AND FINANCINGS            
      Pub. L. 107-100, Sec. 6(c), Dec. 21, 2001, 115 Stat. 971,
    provided that: "Assistance made available under any loan made or
    approved by the Small Business Administration under section 7(a) of
    the Small Business Act (15 U.S.C. 636(a)) or financings made under
    title V of the Small Business Investment Act of 1958 (15 U.S.C. 695
    et seq.), during the 2-year period beginning on October 1, 2002,
    shall be treated as separate programs of the Small Business
    Administration for purposes of the Federal Credit Reform Act of
    1990 [2 U.S.C. 661 et seq.] only."

             ENHANCED PUBLICITY DURING OPERATION ALLIED FORCE         
      Pub. L. 106-50, title IV, Sec. 402(c), Aug. 17, 1999, 113 Stat.
    246, provided that: "For the duration of Operation Allied Force and
    for 120 days thereafter, the Administration shall enhance its
    publicity of the availability of assistance provided pursuant to
    the amendments made by this section [amending this section],
    including information regarding the appropriate local office at
    which affected small businesses may seek such assistance."

            EVALUATION OF PREDISASTER MITIGATION PILOT PROGRAM        
      Pub. L. 106-24, Sec. 1(c), Apr. 27, 1999, 113 Stat. 39, provided
    that, on Jan. 31, 2003, the Administrator of the Small Business
    Administration was to submit to the Committees on Small Business of
    the House of Representatives and the Senate a report on the
    effectiveness of the pilot program authorized by subsec. (b)(1)(C)
    of this section.

    CONGRESSIONAL FINDINGS REGARDING SMALL BUSINESS YEAR 2000 READINESS
      Pub. L. 106-8, Sec. 2, Apr. 2, 1999, 113 Stat. 13, provided that:
    "Congress finds that - 
        "(1) the failure of many computer programs to recognize the
      Year 2000 may have extreme negative financial consequences in the
      Year 2000, and in subsequent years for both large and small
      businesses;
        "(2) small businesses are well behind larger businesses in
      implementing corrective changes to their automated systems;
        "(3) many small businesses do not have access to capital to fix
      mission critical automated systems, which could result in severe
      financial distress or failure for small businesses; and
        "(4) the failure of a large number of small businesses due to
      the Year 2000 computer problem would have a highly detrimental
      effect on the economy in the Year 2000 and in subsequent years."

                             TRANSFER OF FUNDS                         
      Section 202(b) of Pub. L. 105-135 provided that:
      "(1) In general. - No funds are authorized to be appropriated or
    otherwise provided to carry out the grant program under section
    7(m)(4)(F) of the Small Business Act (15 U.S.C. 636(m)(4)(F)) (as
    added by this section), except by transfer from another department
    or agency of the Federal Government to the Administration in
    accordance with this subsection.
      "(2) Limitation on amounts. - The total amount transferred to the
    Administration from other departments and agencies of the Federal
    Government to carry out the grant program under section 7(m)(4)(F)
    of the Small Business Act (15 U.S.C. 636(m)(4)(F)) (as added by
    this section) shall not exceed - 
        "(A) $3,000,000 for fiscal year 1998;
        "(B) $4,000,000 for fiscal year 1999; and
        "(C) $5,000,000 for fiscal year 2000."

               DEFENSE LOAN AND TECHNICAL ASSISTANCE PROGRAM           
      Section 507 of Pub. L. 105-135 provided that:
      "(a) DELTA Program Authorized. - 
        "(1) In general. - The Administrator may administer the Defense
      Loan and Technical Assistance program in accordance with the
      authority and requirements of this section.
        "(2) Expiration of authority. - The authority of the
      Administrator to carry out the DELTA program under paragraph (1)
      shall terminate when the funds referred to in subsection (g)(1)
      have been expended.
        "(3) DELTA program defined. - In this section, the terms
      'Defense Loan and Technical Assistance program' and 'DELTA
      program' mean the Defense Loan and Technical Assistance program
      that has been established by a memorandum of understanding
      entered into by the Administrator and the Secretary of Defense on
      June 26, 1995.
      "(b) Assistance. - 
        "(1) Authority. - Under the DELTA program, the Administrator
      may assist small business concerns that are economically
      dependent on defense expenditures to acquire dual-use
      capabilities.
        "(2) Forms of assistance. - Forms of assistance authorized
      under paragraph (1) are as follows:
          "(A) Loan guarantees. - Loan guarantees under the terms and
        conditions specified under this section and other applicable
        law.
          "(B) Nonfinancial assistance. - Other forms of assistance
        that are not financial.
      "(c) Administration of Program. - In the administration of the
    DELTA program under this section, the Administrator shall - 
        "(1) process applications for DELTA program loan guarantees;
        "(2) guarantee repayment of the resulting loans in accordance
      with this section; and
        "(3) take such other actions as are necessary to administer the
      program.
      "(d) Selection and Eligibility Requirements for DELTA Loan
    Guarantees. - 
        "(1) In general. - The selection criteria and eligibility
      requirements set forth in this subsection shall be applied in the
      selection of small business concerns to receive loan guarantees
      under the DELTA program.
        "(2) Selection criteria. - The criteria used for the selection
      of a small business concern to receive a loan guarantee under
      this section are as follows:
          "(A) The selection criteria established under the memorandum
        of understanding referred to in subsection (a)(3).
          "(B) The extent to which the loans to be guaranteed would
        support the retention of defense workers whose employment would
        otherwise be permanently or temporarily terminated as a result
        of reductions in expenditures by the United States for defense,
        the termination or cancellation of a defense contract, the
        failure to proceed with an approved major weapon system, the
        merger or consolidation of the operations of a defense
        contractor, or the closure or realignment of a military
        installation.
          "(C) The extent to which the loans to be guaranteed would
        stimulate job creation and new economic activities in
        communities most adversely affected by reductions in
        expenditures by the United States for defense, the termination
        or cancellation of a defense contract, the failure to proceed
        with an approved major weapon system, the merger or
        consolidation of the operations of a defense contractor, or the
        closure or realignment of a military installation.
          "(D) The extent to which the loans to be guaranteed would be
        used to acquire (or permit the use of other funds to acquire)
        capital equipment to modernize or expand the facilities of the
        borrower to enable the borrower to remain in the national
        technology and industrial base available to the Department of
        Defense.
        "(3) Eligibility requirements. - To be eligible for a loan
      guarantee under the DELTA program, a borrower must demonstrate to
      the satisfaction of the Administrator that, during any 1 of the 5
      preceding operating years of the borrower, not less than 25
      percent of the value of the borrower's sales were derived from - 
          "(A) contracts with the Department of Defense or the defense-
        related activities of the Department of Energy; or
          "(B) subcontracts in support of defense-related prime
        contracts.
      "(e) Maximum Amount of Loan Principal. - With respect to each
    borrower, the maximum amount of loan principal for which the
    Administrator may provide a guarantee under this section during a
    fiscal year may not exceed $1,250,000.
      "(f) Loan Guaranty Rate. - The maximum allowable guarantee
    percentage for loans guaranteed under this section may not exceed
    80 percent.
      "(g) Funding. - 
        "(1) In general. - The funds that have been made available for
      loan guarantees under the DELTA program and have been transferred
      from the Department of Defense to the Small Business
      Administration before the date of the enactment of this Act [Dec.
      2, 1997] shall be used for carrying out the DELTA program under
      this section.
        "(2) Continued availability of existing funds. - The funds made
      available under the second proviso under the heading 'Research,
      Development, Test and Evaluation, Defense-Wide' in Public Law 103-
      335 (108 Stat. 2613) shall be available until expended - 
          "(A) to cover the costs (as defined in section 502(5) of the
        Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) of loan
        guarantees issued under this section; and
          "(B) to cover the reasonable costs of the administration of
        the loan guarantees."

      TRADE ASSISTANCE PROGRAM FOR SMALL BUSINESS CONCERNS ADVERSELY
                             AFFECTED BY NAFTA
      Section 509 of Pub. L. 105-135 provided that: "The Administrator
    shall coordinate Federal assistance in order to provide counseling
    to small business concerns adversely affected by the North American
    Free Trade Agreement."

            PRIVATE SECTOR LOAN SERVICING DEMONSTRATION PROGRAM        
      Pub. L. 104-208, div. D, title I, Sec. 104(a), Sept. 30, 1996,
    110 Stat. 3009-729, provided that:
      "(1) In general. - 
        "(A) Demonstration program required. - Notwithstanding any
      other provision of law, the Administration shall conduct a
      demonstration program, within the parameters described in
      paragraph (2), to evaluate the comparative costs and benefits of
      having the Administration's portfolio of disaster loans serviced
      under contract rather than directly by employees of the
      Administration. All costs of the demonstration program shall be
      paid from amounts made available for the Salaries and Expenses
      Account of the Administration.
        "(B) Initiation date. - Not later than 90 days after the date
      of enactment of this Act [Sept. 30, 1996], the Administration
      shall issue a request for proposals for the program parameters
      described in paragraph (2).
      "(2) Demonstration program parameters. - 
        "(A) Loan sample. - The sample of loans for the demonstration
      program shall be randomly drawn from the Administration's
      portfolio of loans made pursuant to section 7(b) of the Small
      Business Act [15 U.S.C. 636(b)] and shall include a
      representative group of not less than 30 percent of all loans for
      residential properties, including 30 percent of all loans made
      during the demonstration program after the date of enactment of
      this Act, which loans shall be selected by the Administration on
      the basis of geographic distribution and such other factors as
      the Administration determines to be appropriate.
        "(B) Contract and options. - The Administration shall solicit
      and competitively award one or more contracts to service the
      loans included in the sample of loans described in subparagraph
      (A) for a term of not less than one year, with 3 one-year
      contract renewal options, each of which shall be exercised by the
      Administration unless the Administration terminates the
      contractor or contractors for good cause.
      "(3) Term of demonstration program. - The demonstration program
    shall commence not later than October 1, 1997.
      "(4) Reports. - 
        "(A) Interim reports. - Not later than 120 days before the
      expiration of the initial 4-year contract performance period, the
      Administrator shall submit to the Committees on Small Business of
      the House of Representatives and the Senate [Committee on Small
      Business of Senate now Committee on Small Business and
      Entrepreneurship of Senate] an interim report on the conduct of
      the demonstration program. The contractor shall be afforded a
      reasonable opportunity to attach comments to each such report.
        "(B) Final report. - Not later than 120 days after the
      termination of the demonstration program, the Administrator shall
      submit to the Committees on Small Business of the House of
      Representatives and the Senate [Committee on Small Business of
      Senate now Committee on Small Business and Entrepreneurship of
      Senate] a final report on the performance of the demonstration
      program, together with the recommendations of the Administrator
      for continuation, termination, or modification of the
      demonstration program."

                  INCREASE OF AMOUNTS FOR DISASTER LOANS              
      Pub. L. 103-75, Aug. 12, 1993, 107 Stat. 740, provided in part:
    "That notwithstanding any other provision of law, the $500,000
    limitation on the amounts outstanding and committed to a borrower
    provided in paragraph 7(c)(6) of the Small Business Act [15 U.S.C.
    636(c)(6)] shall be increased to $1,500,000 for disasters
    commencing on or after April 1, 1993."

       CONGRESSIONAL FINDINGS OF MICROLENDING EXPANSION ACT OF 1992   
      Section 112 of Pub. L. 102-366 provided that: "The Congress finds
    that - 
        "(1) nationwide, there are many individuals who possess skills
      that, with certain short-term assistance, could enable them to
      become successfully self-employed;
        "(2) many talented and skilled individuals who are employed in
      low-wage occupations could, with sufficient opportunity, start
      their own small business concerns, which could provide them with
      an improved standard of living;
        "(3) most such individuals have little or no savings, a
      nonexistent or poor credit history, and no access to credit or
      capital with which to start a business venture;
        "(4) women, minorities, and individuals residing in areas of
      high unemployment and high levels of poverty have particular
      difficulty obtaining access to credit or capital;
        "(5) providing such individuals with small-scale, short-term
      financial assistance in the form of microloans, together with
      intensive marketing, management, and technical assistance, could
      enable them to start or maintain small businesses, to become self-
      sufficient, and to raise their standard of living;
        "(6) banking institutions are reluctant to provide such
      assistance because of the administrative costs associated with
      processing and servicing the loans and because they lack
      experience in providing the type of marketing, management, and
      technical assistance needed by such borrowers;
        "(7) many organizations that have had successful experiences in
      providing microloans and marketing, management, and technical
      assistance to such borrowers exist throughout the Nation; and
        "(8) loans from the Federal Government to intermediaries for
      the purpose of relending to start-up, newly established and
      growing small business concerns are an important catalyst to
      attract private sector participation in microlending."

               DISADVANTAGED SMALL BUSINESS STATUS DECISIONS           
      Section 221 of Pub. L. 102-366 provided that:
      "(a) Publication of Decisions. - A decision issued pursuant to
    section 7(j)(11)(F)(vii) of the Small Business Act (15 U.S.C.
    636(j)(11)(F)(vii)) shall - 
        "(1) be made available to the protestor, the protested party,
      the contracting officer (if not the protestor), and all other
      parties to the proceeding, and published in full text; and
        "(2) include findings of fact and conclusions of law, with
      specific reasons supporting such findings or conclusions, upon
      each material issue of fact and law of decisional significance
      regarding the disposition of the protest.
      "(b) Precedential Value of Prior Decisions. - A decision issued
    under section 7(j)(11)(F)(vii) of the Small Business Act that is
    issued prior to the date of enactment of this Act [Sept. 4, 1992]
    shall not have value as precedent in deciding any subsequent
    protest until such time as the decision is published in full text."

                REAUTHORIZATION OF BOND WAIVER TEST PROGRAM            
      Pub. L. 102-190, div. A, title VIII, Sec. 813(a)-(e), Dec. 5,
    1991, 105 Stat. 1424, provided that:
      "(a) Authority. - (1) In the award of construction contracts by
    the Department of Defense to participants in the Minority Small
    Business and Capital Ownership Development Program of the Small
    Business Administration, the Secretary of Defense may exercise the
    authority to grant surety bond exemptions to such participants
    provided by section 7(j)(13)(D) of the Small Business Act (15
    U.S.C. 636(j)(13)(D)). In any case in which the Secretary exercises
    such authority, the Secretary may award a construction contract
    directly to a participant in such program, without approval by or
    consultation with the Small Business Administration.
      "(2) In exercising the authority provided by paragraph (1), the
    Secretary of Defense shall make every reasonable effort to award
    not fewer than 30 contracts for construction projects (including
    repair and alteration of existing facilities) during each fiscal
    year.
      "(b) Delegation of Authority. - The Secretary of Defense shall
    delegate to one or more Secretaries of a military department the
    authority provided by subsection (a)(1).
      "(c) No Right of Action Against the United States. - A dispute
    between a contractor granted a surety bond exemption pursuant to
    section 7(j)(13)(D) of the Small Business Act and a subcontractor
    at any tier or a supplier of such contractor relating to the amount
    or entitlement of a payment due such subcontractor or supplier does
    not constitute a dispute to which the United States is a party. The
    United States may not be interpleaded in any judicial or
    administrative proceeding involving such a dispute.
      "(d) Regulations. - The Secretary of Defense shall prescribe
    final regulations and procedures for exercising the authority
    provided in this section not later than 270 days after the date of
    the enactment of this Act [Dec. 5, 1991].
      "(e) Program Duration. - The authority provided by this section
    shall apply to contracts awarded before October 1, 1994."

       EMERGENCY DIRECT LOANS FOR SMALL BUSINESS CONCERNS LOCATED IN
    COMMUNITIES ADVERSELY AFFECTED BY TROOP DEPLOYMENTS DURING PERSIAN
                               GULF CONFLICT
      Pub. L. 102-190, div. A, title X, Sec. 1087, Dec. 5, 1991, 105
    Stat. 1483, authorized emergency direct loans to small business
    concerns located in counties in which at least 5 small business
    concerns suffered severe economic injury resulting from deployment,
    after July 31, 1990, of troops in connection with Persian Gulf
    conflict, provided that loan amounts could not exceed $50,000 to
    any small business concern, and provided for source of loan funds,
    applications for loans, definitions, regulations to implement loan
    program, and expiration of loan authority at end of 270-day period
    beginning on date on which loan applications were first accepted.

              TERMINATION OF MICROLOAN DEMONSTRATION PROGRAM          
      Section 609(j) of Pub. L. 102-140, as amended by Pub. L. 103-403,
    title II, Sec. 203, Oct. 22, 1994, 108 Stat. 4181, provided that:
    "The demonstration program established by subsection (h) [amending
    this section] shall terminate on October 1, 1997."

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

      TEST PROGRAM FOR USE OF BOND WAIVER AUTHORITY TO ASSIST CERTAIN
                   SMALL DISADVANTAGED BUSINESS CONCERNS
      Pub. L. 101-189, div. A, title VIII, Sec. 833, Nov. 29, 1989, 103
    Stat. 1509, which directed Secretary of Defense and Small Business
    Administration to establish a program for fiscal years 1990 and
    1991 to test use of authority provided by subsec. (j)(13)(D) of
    this section, and that under the test program, the Secretary of
    Defense was to make every reasonable effort during each such fiscal
    year to award not less than 30 contracts for construction projects
    (including repair and alteration of existing facilities) to
    participants in Minority Small Business and Capital Ownership
    Development Program of Small Business Administration granted surety
    bond exemptions under such authority, was repealed by Pub. L. 102-
    190, div. A, title VIII, Sec. 813(f), Dec. 5, 1991, 105 Stat.
    1424.

                DEFINITION OF TERMS USED IN PUB. L. 100-656            
      Section 2 of Pub. L. 100-656, as amended by Pub. L. 101-37, Sec.
    3, June 15, 1989, 103 Stat. 70, provided that: "For the purposes of
    this Act [see Short Title of 1988 Amendment note set out under
    section 631 of this title] - 
        "(1) the term 'Administration' means the Small Business
      Administration;
        "(2) the term 'Administrator' means the Administrator of the
      Small Business Administration, unless otherwise indicated;
        "(3) the term 'Business Opportunity Specialist' means the
      Administration employee responsible for providing business
      development assistance to Program Participants pursuant to
      sections 7(j) and 8(a) of the Small Business Act (15 U.S.C.
      636(j), 637(a));
        "(4) the term 'disadvantaged owners' means those individuals
      upon whom eligibility is based for participation in the Program
      and the award of subcontracts pursuant to section 8(a) of the
      Small Business Act (15 U.S.C. 637(a));
        "(5) the term 'minority owned businesses' means business
      concerns that are at least 51 percent owned and controlled by one
      or more individuals who belong to those groups described or
      identified pursuant to section 2(e)(1)(C) of the Small Business
      Act (15 U.S.C. 631(e)(1)(C));
        "(6) the term 'Program' means the Minority Small Business and
      Capital Ownership Development Program established by section
      7(j)(10) of the Small Business Act (15 U.S.C. 636(j)(10)), unless
      otherwise indicated;
        "(7) the term 'Program Participant' means a small business
      concern participating in the Program; and
        "(8) the term 'Program Participation Term' means the fixed
      period of time assigned to a Program Participant pursuant to
      section 7(j)(10)(A)(i) of the Small Business Act (15 U.S.C.
      636(j)(10)(A)(i)) prior to the date of enactment of this Act
      [Nov. 15, 1988]."

       CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES OF PUB. L.
                                  100-656
      Section 101 of Pub. L. 100-656 provided that:
      "(a) Findings. - The Congress finds that - 
        "(1) the Capital Ownership Development Program administered by
      the Small Business Administration and the award of contracts
      pursuant to section 8(a) of the Small Business Act [15 U.S.C.
      637(a)] remain a primary tool for improving opportunities for
      small business concerns owned and controlled by socially and
      economically disadvantaged individuals in the Federal procurement
      process and bringing such concerns into the nation's economic
      mainstream;
        "(2) although some progress has resulted from the Program, it
      has generally failed to meet its objectives, which remain as
      valid now as when the Program was initiated;
        "(3) too few concerns that have exited the Program have been
      prepared to compete successfully in the open marketplace on
      competitive procurements, and many concerns have developed an
      unhealthy dependency on sole-source contracts by the time they
      are required to leave the Program;
        "(4) the application and certification process for admitting
      new participants to the Program is inordinately lengthy and
      burdensome;
        "(5) the Administration has often not efficiently and equitably
      administered and managed the Program in a manner that provided
      clear lines of responsibility for implementing and monitoring
      many of the administrative duties under the Program;
        "(6) the Administration and some program participants have
      given insufficient attention and support to the business
      development goals of the Program and instead have focused almost
      entirely on the size of contract awards or the number of firms
      certified to participate in the Program;
        "(7) many Federal procuring agencies have failed to identify
      and offer the necessary amount of contract support in order to
      allow for diversification and growth of disadvantaged businesses
      participating in the Program;
        "(8) contract support as well as business development expenses
      have been misused both by the Administration and Program
      participants and have not been equitably distributed pursuant to
      objective criteria;
        "(9) the widespread perception of undue political influence in
      the operation and administration of the Program has significantly
      contributed to the Program's poor image and has deterred
      utilization of the Program by socially and economically
      disadvantaged concerns and by Federal procuring agencies; and
        "(10) it is imperative that increased competition and other
      substantial reforms be accomplished in the Program in order to
      promote the Congressionally mandated business development
      objectives and purposes.
      "(b) Purposes. - The purposes of this Act [see Short Title of
    1988 Amendment note set out under section 631 of this title]
    therefore are to - 
        "(1) affirm that the Capital Ownership Development Program and
      the section 8(a) [15 U.S.C. 637(a)] authority shall be used
      exclusively for business development purposes to help small
      businesses owned and controlled by the socially and economically
      disadvantaged to compete on an equal basis in the mainstream of
      the American economy;
        "(2) affirm that the measure of success of the Capital
      Ownership Development Program, and the section 8(a) authority,
      shall be the number of competitive firms that exit the Program
      without being unreasonably reliant on section 8(a) contracts and
      that are able to compete on an equal basis in the mainstream of
      the American economy;
        "(3) ensure that program benefits accrue to individuals who are
      both socially and economically disadvantaged;
        "(4) increase the number of small businesses owned and
      controlled by such individuals from which the United States may
      purchase products and services (including construction work); and
        "(5) ensure integrity, competence, and efficiency in the
      administration of business development services and the Federal
      contracting opportunities made available to eligible small
      businesses."

                     EMPLOYEE TRAINING AND EVALUATION                 
      Pub. L. 100-656, title IV, Sec. 410, Nov. 15, 1988, 102 Stat.
    3879, as amended by Pub. L. 101-37, Sec. 18, June 15, 1989, 103
    Stat. 74, provided that:
      "(a) Training Requirements for Business Opportunity Specialists. -
     (1) In each Small Business Administration field office
    responsible for assisting one or more Program Participants there
    shall be a position designated as a Business Opportunity
    Specialist. To the maximum extent practicable the Administration
    shall assure that an adequate number of Business Opportunity
    Specialists are assigned to each district office to carry out the
    responsibilities of sections 7(j) and 8(a) of the Small Business
    Act (15 U.S.C. 636(j), 637(a)) and to assist Program Participants.
      "(2) The Administration shall take such actions as may be
    appropriate to ensure that any person employed as a Business
    Opportunity Specialist receives adequate periodic training to
    assure such employee is capable of assisting Program Participants
    to fully utilize the Program and to meet the requirements of the
    Small Business Act [15 U.S.C. 631 et seq.], as amended by this Act.
      "(b) Pilot Program. - (1) Within 180 days after the effective
    date of this subsection [Nov. 15, 1988] the Administrator shall
    designate three regions of the Administration to conduct a pilot
    program pursuant to the provisions of this subsection. The
    designated regions shall contain approximately 30 per centum of the
    total number of Program Participants as of the time of designation.
      "(2) A Business Opportunity Specialist employed in a Region
    designated pursuant to paragraph (1), in addition to other assigned
    duties and responsibilities, shall - 
        "(A) conduct contract negotiations on behalf of the
      Administration for contracts awarded pursuant to section 8(a) of
      the Small Business Act (15 U.S.C. 637(a)) when performance will
      be rendered by one or more firms in such Specialist's assigned
      portfolio;
        "(B) facilitate and otherwise assist such firms in negotiating
      for the receipt of contracts to be let pursuant to such section.
      "(3) The Administration shall take such actions as may be
    appropriate to train and qualify such Specialists to perform the
    negotiations required pursuant to paragraph (2).
      "(4) To the extent practicable, the Administrator shall ensure
    that the performance appraisal system applicable to a Business
    Opportunity Specialist employed in a region designated pursuant to
    paragraph (1) affords substantial recognition to how well such
    Specialist's assigned portfolio of concerns participating in the
    program established by section 7(j)(10) of the Small Business Act
    (15 U.S.C. 636(j)(10)) are achieving competitiveness and furthering
    the business development purposes of the program.
      "(5) The Administration shall establish personnel positions for
    Business Opportunity Specialists employed in the regions designated
    pursuant to paragraph (1) that are classified at a grade level of
    the General Schedule that are sufficient, in the opinion of the
    Administrator, to attract and retain highly qualified personnel.
      "(c) Report and Pilot Program Termination. - (1) Within 120 days
    after the termination of the pilot program conducted pursuant to
    subsection (b), the Administration shall issue a report to the
    Committees on Small Business of the Senate and of the House of
    Representatives [Committee on Small Business of Senate now
    Committee on Small Business and Entrepreneurship of Senate] on the
    effectiveness of the pilot. Such report shall contain such
    recommendations for administrative or legislative change as may be
    appropriate.
      "(2) The pilot program conducted pursuant to subsection (b) shall
    be terminated three years after the date on which the Committees on
    Small Business of the Senate and of the House of Representatives
    [Committee on Small Business of Senate now Committee on Small
    Business and Entrepreneurship of Senate] receive written
    notification from the Administrator that the pilot is in full
    operation in each of the three designated pilot regions."

                     GENERAL ACCOUNTING OFFICE REPORT                 
      Section 504 of Pub. L. 100-656 directed Comptroller General of
    the United States to conduct a review of operation of Minority
    Small Business and Capital Ownership Development Program authorized
    by subsec. (j)(10) of this section and contract assistance provided
    pursuant to section 637(a)(15) of this title commencing within 180
    days of Nov. 15, 1988, and concluding Sept. 30, 1991, such review
    to report on implementation of provisions of Pub. L. 100-656 by
    Small Business Administration and various executive departments and
    agencies providing contracting opportunities to the Program, and
    directed Comptroller General to prepare a report summarizing
    findings of review, make such recommendations as may be
    appropriate, and transmit report to Committees on Small Business of
    the Senate and House of Representatives by Feb. 1, 1992.

                COMMISSION ON MINORITY BUSINESS DEVELOPMENT            
      Pub. L. 100-656, title V, Sec. 505(a)-(g), Nov. 15, 1988, 102
    Stat. 3883, as amended by Pub. L. 101-37, Sec. 20, June 15, 1989,
    103 Stat. 74; Pub. L. 101-574, title II, Sec. 211, Nov. 15, 1990,
    104 Stat. 2821; Pub. L. 102-366, title II, Sec. 231(a), Sept. 4,
    1992, 106 Stat. 1001; Pub. L. 103-160, div. A, title IX, Sec.
    904(f), Nov. 30, 1993, 107 Stat. 1729, established the Commission
    on Minority Business Development, set out its duties, powers,
    membership, administration, and personnel, and provided that it
    cease to exist within 90 days after the date that it transmitted
    its final report to Congress and to the President or Sept. 30,
    1992, whichever was later.

                     LIMITATIONS ON SPENDING AUTHORITY                 
      Section 802(f) of Pub. L. 100-656 provided that:
      "(1) Any new credit authority or authority to enter into
    contracts provided for in this Act [see Short Title of 1988
    Amendment note set out under section 631 of this title] is to be
    effective for any fiscal year only to such extent or in such
    amounts as are provided in appropriation Acts.
      "(2) No funds are authorized to be appropriated in subsequent
    appropriation Acts to the Administration for the purpose of making
    grants of financial assistance under the so called 'Business
    Development Expense' program to any firm participating in the
    programs authorized by section 7(j)(10) or section 8(a) of the
    Small Business Act (15 U.S.C. 636(j)(10) and 637(a))."

    CERTIFIED LOAN PROGRAM; EXPANDED PARTICIPATION; REPORTS TO CONGRESS
      Section 102(b) of Pub. L. 100-590 provided that: "The
    Administration shall take appropriate steps to expand participation
    in the certified loan program and shall report to the Small
    Business Committees of the Senate and the House of Representatives
    on the amount of loans approved and the amount of losses sustained
    under the provisions of section 7(a)(19) of the Small Business Act
    [15 U.S.C. 636(a)(19)]. An interim report shall be submitted not
    later than one year after date of enactment of this Act [Nov. 3,
    1988] and a final report shall be submitted not later than 18
    months after the date of enactment."
      Similar provisions were contained in Pub. L. 100-533, title III,
    Sec. 302(b), Oct. 25, 1988, 102 Stat. 2693.

                   PIPELINE LOANS OR PREVIOUS DISASTERS               
      Section 18006(b) of Pub. L. 99-272, as amended by Pub. L. 99-349,
    title I, July 2, 1986, 100 Stat. 718, provided that:
    "Notwithstanding the amendments made by this section [amending
    sections 636 and 647 of this title], sections 18002 [amending
    provisions set out as a note under section 631 of this title] and
    18016 [amending section 632 of this title], or any other provision
    of law, the Small Business Administration shall continue to accept,
    process, and approve loan applications under paragraphs (1) through
    (4) of subsection [section] 7(b) of the Small Business Act [15
    U.S.C. 636(b)(1) to (4)] and shall obligate and disburse loan funds
    on account of disasters which occurred prior to October 1, 1985,
    and with respect to which a disaster declaration application was
    submitted prior to October 1, 1985, even if any such application is
    filed after the date of the enactment of this Act [Apr. 7, 1986]."

    DETERMINATION OF NATURAL DISASTER BY SECRETARY OF AGRICULTURE TO BE
      DEEMED DISASTER DECLARATION BY ADMINISTRATOR OF SMALL BUSINESS
     ADMINISTRATION; DISASTERS COMMENCING BETWEEN JANUARY 1, 1983, AND
                            SEPTEMBER 30, 1983
      Pub. L. 98-166, title I, Sec. 101, Nov. 28, 1983, 97 Stat. 1079,
    provided in part that: "beginning with disasters commencing between
    January 1, 1983, through September 30, 1983, determination of a
    natural disaster by the Secretary of Agriculture pursuant to 7
    U.S.C. 1961 shall be deemed a disaster declaration by the
    Administrator of the Small Business Administration for purposes of
    determining eligibility for assistance under section 7(b)(1) of the
    Small Business Act [subsec. (b)(1) of this section] for
    agricultural enterprises as defined in section 18(b) of the Small
    Business Act [15 U.S.C. 647(b)]: Provided, That nothing in this
    paragraph is to preclude the applicability of section 18(a) of the
    Small Business Act [15 U.S.C. 647(a)] with regard to the
    duplication of benefits for disasters commencing between January 1,
    1983, through September 30, 1983."

                REPORTS TO CONGRESS; DEFAULT RATE OF LOANS            
      Section 1907 of Pub. L. 97-35 required the Small Business
    Administration to submit to Congress, not later than Feb. 28, 1984,
    and 1985, reports containing specific information on the aggregate
    number, dollar value, and default rate of all loans with respect to
    15 U.S.C. 636(a)(5), (6)(C), (8)(A).

    BUSINESS PLANS; SUBMITTAL BY CONCERNS ELIGIBLE TO RECEIVE CONTRACTS
      Section 106(b) of Pub. L. 96-481 provided that: "Notwithstanding
    the provisions of subsection (a) of this section [amending subsec.
    (j)(10)(A)(i) of this section], for concerns eligible to receive
    contracts pursuant to section 8(a) of the Small Business Act
    [section 637(a) of this title] on the effective date of the
    amendment made by this section [Oct. 21, 1980], each such concern
    shall submit to the Small Business Administration within two months
    after the promulgation of final regulations issued within one
    hundred and twenty days after the enactment of this Act [Oct. 21,
    1981] the business plan required under section 7(j)(10)(A)(i) of
    the Small Business Act, as amended by subsection (a) of this
    section [subsec. (j)(10)(A)(i) of this section]: Provided however,
    That the period of time required under section 7(j)(10)(A)(i) of
    the Small Business Act, as amended by subsection (a) of this
    section, shall be fixed as mutually agreed upon by the program
    participant and the Small Business Administration prior to the
    awarding or extending of contracts to such concern pursuant to
    section 8(a) of the Small Business Act after June 1, 1981, but the
    period shall be fixed in no case later than eighteen months after
    the effective date of this Act: Provided further, That no
    determination made under this paragraph shall be considered a
    denial of total participation for the purposes of section 8(a)(9)
    of the Small Business Act."

       SMALL BUSINESS EMPLOYEE OWNERSHIP; CONGRESSIONAL FINDINGS AND
                                 PURPOSES
      Sections 502 and 503 of Pub. L. 96-302 provided that:
      "Sec. 502. The Congress hereby finds and declares that - 
        "(1) employee ownership of firms provides a means for
      preserving jobs and business activity;
        "(2) employee ownership of firms provides a means for keeping a
      small business small when it might otherwise be sold to a
      conglomerate or other large enterprise;
        "(3) employee ownership of firms provides a means for creating
      a new small business from the sale of a subsidiary of a large
      enterprise;
        "(4) unemployment insurance programs, welfare payments, and job
      creation programs are less desirable and more costly for both the
      Government and program beneficiaries than loan guarantee programs
      to maintain employment in firms that would otherwise be closed,
      liquidated, or relocated; and
        "(5) by guaranteeing loans to qualified employee trusts and
      similar employee organizations, the Small Business Administration
      can provide feasible and desirable methods for the transfer of
      all or part of the ownership of a small business concern to its
      employees.
      "Sec. 503. (a) The purposes of this title [enacting sections
    632(c) and 636(a)(8) of this title and provisions set out as notes
    under sections 631 and 636 of this title] are - 
        "(1) to provide that a qualified employee trust shall be
      eligible for loan guarantees under section 7(a) of the Small
      Business Act [subsec. (a) of this section] with respect to a
      small business concern, regardless of the percentage of stock of
      the concern held by the trust, and
        "(2) to provide in section 505 of this Act [enacting subsec.
      (a)(8) of this section] authority to address the specific case in
      which the Small Business Administration guarantees loans under
      section 7(a) of the Small Business Act [subsec. (a) of this
      section] for purposes of providing funds to a qualified employee
      trust (and other employee organizations which are treated as
      qualified employee trusts) for the purchase, by at least 51
      percent of the employees, of at least 51 percent of the stock of
      business which is operated for profit and which is - 
          "(A) a small business concern, or
          "(B) a corporation which is controlled by another person if,
        after the plan for the purchase of such corporation is carried
        out, such corporation would be a small business concern.
      "(b) Nothing in this title shall be construed to prohibit the
    Small Business Administration from making loan guarantees under
    section 7(a) of the Small Business Act [subsec. (a) of this
    section] to qualified employee trusts which own less than 51
    percent of the stock of a continuing business."

                    TERMINATION OF ADVISORY COMMITTEES                
      Advisory committees established after Jan. 5, 1973, to terminate
    not later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a committee
    established by the President or an officer of the Federal
    Government, such committee is renewed by appropriate action prior
    to the expiration of such 2-year period, or in the case of a
    committee established by the Congress, its duration is otherwise
    provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,
    1972, 86 Stat. 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

       DISASTER RELIEF AUTHORITY; STUDY AND REPORT ON CONSOLIDATION   
      Section 101 of Pub. L. 94-305 provided that: "The President shall
    undertake a comprehensive review of all Federal disaster loan
    authorities and shall make a report to the Congress, not later than
    December 1, 1976, containing such recommendations and legislative
    proposals, including possible consolidation of Federal disaster
    loan authorities, as may be demonstrated to be necessary and
    appropriate to assure the most effective and efficient delivery of
    disaster relief. Such study shall give particular emphasis to
    alleviating any extraordinary burden the management of Federal
    disaster loan programs may impose on an agency."

    DISASTER LOANS; SPECIAL PROVISIONS FOR APPLICATIONS RECEIVED ON OR
         BEFORE MARCH 19, 1981; ASSISTANCE TO HARDSHIP APPLICANTS
      Section 1916 of Pub. L. 97-35 provided that:
      "(a) Notwithstanding section 5(b)(6) of the Small Business Act
    [section 634(b)(6) of this title], or any other provision of law,
    any business concern applicant for assistance made pursuant to
    paragraph (1), (2), or (4) of subsection 7(b) of the Small Business
    Act [subsec. (b)(1), (2), or (4) of this section] whose application
    was received but not approved by the Small Business Administration
    on or before March 19, 1981, shall be offered loan assistance by
    the Small Business Administration as provided in this section.
      "(b) The Small Business Administration is specifically directed
    to reconsider and act upon any such application and to make,
    remake, obligate, reobligate, commit or recommit such financing as
    provided herein.
      "(c) If the applicant was a business concern able to obtain
    credit elsewhere, the terms and conditions shall be those specified
    in section 7(b)(3) of the Small Business Act [subsec. (b)(3) of
    this section]; but if the Administrator determines that imposition
    of these provisions would impose a substantial hardship on the
    applicant, he may, in his discretion on a case-by-case basis waive
    these provisions and provide assistance in accord with rules and
    regulations in effect for the date the disaster commenced for
    applicants able to secure credit elsewhere. If the applicant was a
    business concern unable to obtain credit elsewhere, or was an
    applicant under sections 7(b)(2) or 7(b)(4) of the Small Business
    Act [subsec. (b)(2) or (4) of this section], the terms and
    conditions shall be those in effect for such applicants on the date
    such application was first received. As used herein, the term
    'credit elsewhere' shall have the meaning prescribed by the Small
    Business Act as amended herein [this chapter]."

           DISASTER LOANS; INTEREST RATE; CANCELLATION OF LOANS       
      Section 9 of Pub. L. 93-24, Apr. 20, 1973, 87 Stat. 25, provided
    that: "Notwithstanding the provisions of any other law, any loan
    made by the Small Business Administration in connection with any
    disaster occurring on or after the date of enactment of this Act
    [Apr. 20, 1973] under sections 7(b)(1), (2), or (4) of the Small
    Business Act (15 U.S.C. 636(b)(1), (2), or (4)) [subsec. (b)(1),
    (2), or (4) of this section] shall bear interest at the rate
    determined under section 324 of the Consolidated Farm and Rural
    Development Act, as amended by section 4 of this Act [section 1964
    of Title 7, Agriculture]. No portion of any such loan shall be
    subject to cancellation under the provisions of any law."

           INTEREST RATES ON LOANS TO MEET REGULATORY STANDARDS       
      Section 2(d) of Pub. L. 93-237 provided that: "In no case shall
    the interest rate charged for loans to meet regulatory standards be
    lower than loans made in connection with physical disasters."

                           ELECTION OF BENEFITS                       
      Section 1(c) of Pub. L. 92-385 provided that: "Any person who (1)
    suffers any loss or damage as a result of a major disaster as
    determined by the President which occurred prior to the date of
    enactment of this Act [August 16, 1972], (2) is eligible for
    assistance under the amendment made by subsection (a), and (3) is
    otherwise eligible for benefits greater than those provided by the
    amendment made by subsection (a), may elect to receive such greater
    benefits."

                      FUND FOR MANAGEMENT COUNSELING                  
      Section 602(a), (b) of Pub. L. 85-699 provided that:
      "(a) Within sixty days after the enactment of this Act [Aug. 21,
    1958], each Federal Reserve bank shall pay to the United States the
    aggregate amount which the Secretary of the Treasury has heretofore
    paid to such bank under the provisions of section 13b of the
    Federal Reserve Act [12 U.S.C. 352a]; and such payment shall
    constitute a full discharge of any obligation or liability of the
    Federal Reserve bank to the United States or to the Secretary of
    the Treasury arising out of subsection (e) of said section 13b [12
    U.S.C. 352a(e)] or out of any agreement thereunder.
      "(b) The amounts repaid to the United States pursuant to
    subsection (a) of this section shall be covered into a special fund
    in the Treasury which shall be available for grants under section
    7(d) of the Small Business Act [subsec. (d) of this section]. Any
    remaining balance of funds set aside in the Treasury for payments
    under section 13b of the Federal Reserve Act [12 U.S.C. 352a] shall
    be covered into the Treasury as miscellaneous receipts."

        LOANS FOR MODIFICATIONS OF MINING FACILITIES AND EQUIPMENT    
      Section 504(d) of Pub. L. 91-173 provided that: "Loans may also
    be made or guaranteed for the purposes set forth in section 7(b)(5)
    of the Small Business Act, as amended [subsec. (b)(5) of this
    section], pursuant to the provisions of section 202 of the Public
    Works and Economic Development Act of 1965, as amended [42 U.S.C.
    3142]."


-EXEC-
                         EXECUTIVE ORDER NO. 12190                     
      Ex. Ord. No. 12190, Feb. 1, 1980, 45 F.R. 7773, established the
    Advisory Committee on Small and Minority Business Ownership to
    assist in monitoring and encouraging the placement of subcontracts
    by the private sector with eligible small businesses, to study and
    propose incentives and assistance needed by the private sector to
    help in the training, development, and upgrading of such
    businesses, to make periodic reports and recommendations to the
    President, and to report annually to the President and to the
    Congress on the activities of the Committee and provided for
    termination of the Committee on Dec. 31, 1980.

       EXTENSION OF TERM OF ADVISORY COMMITTEE ON SMALL AND MINORITY
                            BUSINESS OWNERSHIP
      Term of the Advisory Committee on Small and Minority Business
    Ownership extended until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec.
    31, 1980, 46 F.R. 1251, set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5,
    Government Organization and Employees.
      Term of the Advisory Committee on Small and Minority Business
    Ownership extended until Sept. 30, 1984, by Ex. Ord. No. 12399,
    Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5.
      Term of the Advisory Committee on Small and Minority Business
    Ownership extended until Sept. 30, 1985, by Ex. Ord. No. 12489,
    Sept. 28, 1984, 49 F.R. 38927, formerly set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5.
      Term of the Advisory Committee on Small and Minority Business
    Ownership extended until Sept. 30, 1987, by Ex. Ord. No. 12534,
    Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5.
      Term of the Advisory Committee on Small and Minority Business
    Ownership extended until Sept. 30, 1989, by Ex. Ord. No. 12610,
    Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5.
      Term of the Advisory Committee on Small and Minority Business
    Ownership extended until Sept. 30, 1991, by Ex. Ord. No. 12692,
    Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under
    section 14 of the Federal Advisory Committee Act in the Appendix to
    Title 5, which extension was revoked by amendment of Ex. Ord. No.
    12692, by Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969.

-FOOTNOTE-               

    (!1) So in original. The "; and" probably should be a period.

    (!2) See References in Text note below.

    (!3) So in original. Probably should be "(B)".

    (!4) So in original. The comma probably should not appear.

    (!5) So in original. Probably should be "therefor,".

    (!6) See 1980 Amendment note below.

    (!7) So in original. Probably should be "prior to".

    (!8) See References in Text note below.

               

    (!9) So in original. The period probably should be a semicolon.

               

    (!10) So in original. Probably should be paragraph "(12):".

    (!11) See References in Text note below.

    (!12) See References in Text note below.

    (!13) So in original. Probably should be "subclause (IV),".

    (!14) So in original. The word "that" probably should not
         appear.

    (!15) So in original. Probably should be "(vi)".

    (!16) So in original. The comma probably should not appear.

    (!17) So in original. The period probably should not appear.


-End-



-CITE-
    15 USC Sec. 636a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 636a. Repealed.

-MISC1-
    Sec. 636a. Repealed. Pub. L. 97-35, title XIX, Sec. 1917, Aug. 13,
      1981, 95 Stat. 781.
      Section, Pub. L. 91-606, title II, Sec. 231, Dec. 31, 1970, 84
    Stat. 1752; Pub. L. 92-385, Sec. 6, Aug. 16, 1972, 86 Stat. 559,
    related to small business disaster loans.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Aug. 13, 1981, but not to affect any financing
    made, obligated, or committed under this chapter or chapter 14B of
    this title prior to Aug. 13, 1981, see section 1918 of Pub. L. 97-
    35, set out as an Effective Date of 1981 Amendment note under
    section 631 of this title.

-End-



-CITE-
    15 USC Sec. 636b                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 636b. Disaster loan interest rates

-STATUTE-
      Any loan made under section 636a (!1) of this title and section
    4452 (!1) of title 42 shall not exceed the current cost of
    repairing or replacing the disaster injury, loss, or damage in
    conformity with current codes and specifications. Any loan made
    under sections 636a (!1) and 636d of this title, and sections 3538
    and 4452 (!1) of title 42 shall bear interest at a rate determined
    by the Secretary of the Treasury, taking into consideration the
    current average market yield on outstanding marketable obligations
    of the United States with remaining periods to maturity of ten to
    twelve years reduced by not to exceed 2 per centum per annum. In no
    event shall any loan made under this section bear interest at a
    rate in excess of 6 per centum per annum.


-SOURCE-
    (Pub. L. 91-606, title II, Sec. 234, Dec. 31, 1970, 84 Stat. 1754.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 636a of this title, referred to in text, was repealed by
    Pub. L. 97-35, title XIX, Sec. 1917, Aug. 13, 1981, 95 Stat. 781.
      Section 4452 of title 42, referred to in text, was repealed by
    Pub. L. 93-24, Sec. 7, Apr. 20, 1973, 87 Stat. 25.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Disaster Relief Act of 1970,
    and not as part of the Small Business Act which comprises this
    chapter. Section was formerly classified to section 4453 of Title
    42, The Public Health and Welfare.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Dec. 31, 1970, see section 304 of Pub. L. 91-
    606, set out as an Effective Date of 1970 Amendment note under
    section 165 of Title 26, Internal Revenue Code.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 636c                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 636c. Age of applicant for disaster loans

-STATUTE-
      In the administration of any Federal disaster loan program under
    the authority of section 636a (!1) of this title, section 4452 (!1)
    of title 42, or section 233 of Public Law 91-606, the age of any
    adult loan applicant shall not be considered in determining whether
    such loan should be made or the amount of such loan.


-SOURCE-
    (Pub. L. 91-606, title II, Sec. 235, Dec. 31, 1970, 84 Stat. 1754.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 636a of this title, referred to in text, was repealed by
    Pub. L. 97-35, title XIX, Sec. 1917, Aug. 13, 1981, 95 Stat. 781.
      Section 4452 of title 42, referred to in text, was repealed by
    Pub. L. 93-24, Sec. 7, Apr. 20, 1973, 87 Stat. 25.
      Section 233 of Public Law 91-606, referred to in text, amended
    section 1820(a)(2), (f) [now 3720(a)(2), (f)] of Title 38,
    Veterans' Benefits.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Disaster Relief Act of 1970,
    and not as part of the Small Business Act which comprises this
    chapter. Section was formerly classified to section 4454 of Title
    42, The Public Health and Welfare.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Dec. 31, 1970, see section 304 of Pub. L. 91-
    606, set out as an Effective Date of 1970 Amendment note under
    section 165 of Title 26, Internal Revenue Code.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 636d                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 636d. Disaster aid to major sources of employment

-STATUTE-
    (a) Loans to disaster areas
      The Small Business Administration in the case of a
    nonagricultural enterprise, and the Farmers Home Administration in
    the case of an agricultural enterprise, are authorized to provide
    any industrial, commercial, agricultural, or other enterprise,
    which has constituted a major source of employment in an area
    suffering a major disaster and which is no longer in substantial
    operation as a result of such disaster, a loan in such amount as
    may be necessary to enable such enterprise to resume operations in
    order to assist in restoring the economic viability of the disaster
    area. Loans authorized by this section shall be made without regard
    to limitations on the size of loans which may otherwise be imposed
    by any other provision of law or regulations promulgated pursuant
    thereto.
    (b) Interest; deferred payments
      Assistance under this section shall be in addition to any other
    Federal disaster assistance, except that such other assistance may
    be adjusted or modified to the extent deemed appropriate by the
    Director under the authority of section 4418 (!1) of title 42. Any
    loan made under this section shall be subject to the interest
    requirements of section 636b of this title, but the President, if
    he deems it necessary, may defer payments of principal and interest
    for a period not to exceed three years after the date of the loan.
    Any such deferred payments shall bear interest at the rate
    determined under section 636b of this title.


-SOURCE-
    (Pub. L. 91-606, title II, Sec. 237, Dec. 31, 1970, 84 Stat. 1754.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 4418 of title 42, referred to in subsec. (b), was
    repealed by Pub. L. 93-288, title VI, Sec. 603, May 22, 1974, 88
    Stat. 164. Provisions similar to former section 4418 of Title 42,
    The Public Health and Welfare, are contained in section 5155 of
    Title 42.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Disaster Relief Act of 1970,
    and not as part of the Small Business Act which comprises this
    chapter. Section was formerly classified to section 4456 of Title
    42, The Public Health and Welfare.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Aug. 1, 1969, see section 304 of Pub. L. 91-
    606, set out as an Effective Date of 1970 Amendment note under
    section 165 of Title 26, Internal Revenue Code.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 637                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 637. Additional powers

-STATUTE-
    (a) Procurement contracts; subcontracts to disadvantaged small
      business concerns; performance bonds; contract negotiations;
      definitions; eligibility; determinations; publication;
      recruitment; construction subcontracts; annual estimates; Indian
      tribes
      (1) It shall be the duty of the Administration and it is hereby
    empowered, whenever it determines such action is necessary or
    appropriate - 
        (A) to enter into contracts with the United States Government
      and any department, agency, or officer thereof having procurement
      powers obligating the Administration to furnish articles,
      equipment, supplies, services, or materials to the Government or
      to perform construction work for the Government. In any case in
      which the Administration certifies to any officer of the
      Government having procurement powers that the Administration is
      competent and responsible to perform any specific Government
      procurement contract to be let by any such officer, such officer
      shall be authorized in his discretion to let such procurement
      contract to the Administration upon such terms and conditions as
      may be agreed upon between the Administration and the procurement
      officer. Whenever the Administration and such procurement officer
      fail to agree, the matter shall be submitted for determination to
      the Secretary or the head of the appropriate department or agency
      by the Administrator. Not later than 5 days from the date the
      Administration is notified of a procurement officer's adverse
      decision, the Administration may notify the contracting officer
      of the intent to appeal such adverse decision, and within 15 days
      of such date the Administrator shall file a written request for a
      reconsideration of the adverse decision with the Secretary of the
      department or agency head. For the purposes of this subparagraph,
      a procurement officer's adverse decision includes a decision not
      to make available for award pursuant to this subsection a
      particular procurement requirement or the failure to agree on the
      terms and conditions of a contract to be awarded noncompetitively
      under the authority of this subsection. Upon receipt of the
      notice of intent to appeal, the Secretary of the department or
      the agency head shall suspend further action regarding the
      procurement until a written decision on the Administrator's
      request for reconsideration has been issued by such Secretary or
      agency head, unless such officer makes a written determination
      that urgent and compelling circumstances which significantly
      affect interests of the United States will not permit waiting for
      a reconsideration of the adverse decision. If the Administrator's
      request for reconsideration is denied, the Secretary of the
      department or agency head shall specify the reasons why the
      selected firm was determined to be incapable to perform the
      procurement requirement, and the findings supporting such
      determination, which shall be made a part of the contract file
      for the requirement. A contract may not be awarded under this
      subsection if the award of the contract would result in a cost to
      the awarding agency which exceeds a fair market price;
        (B) to arrange for the performance of such procurement
      contracts by negotiating or otherwise letting subcontracts to
      socially and economically disadvantaged small business concerns
      for construction work, services, or the manufacture, supply,
      assembly of such articles, equipment, supplies, materials, or
      parts thereof, or servicing or processing in connection
      therewith, or such management services as may be necessary to
      enable the Administration to perform such contracts;
        (C) to make an award to a small business concern owned and
      controlled by socially and economically disadvantaged individuals
      which has completed its period of Program Participation as
      prescribed by section 636(j)(15) of this title, if - 
          (i) the contract will be awarded as a result of an offer
        (including price) submitted in response to a published
        solicitation relating to a competition conducted pursuant to
        subparagraph (D); and
          (ii) the prospective contract awardee was a Program
        Participant eligible for award of the contract on the date
        specified for receipt of offers contained in the contract
        solicitation; and

        (D)(i) A contract opportunity offered for award pursuant to
      this subsection shall be awarded on the basis of competition
      restricted to eligible Program Participants if - 
          (I) there is a reasonable expectation that at least two
        eligible Program Participants will submit offers and that award
        can be made at a fair market price, and
          (II) the anticipated award price of the contract (including
        options) will exceed $5,000,000 in the case of a contract
        opportunity assigned a standard industrial classification code
        for manufacturing and $3,000,000 (including options) in the
        case of all other contract opportunities.

        (ii) The Associate Administrator for Minority Small Business
      and Capital Ownership Development, on a nondelegable basis, is
      authorized to approve a request from an agency to award a
      contract opportunity under this subsection on the basis of a
      competition restricted to eligible Program Participants even if
      the anticipated award price is not expected to exceed the dollar
      amounts specified in clause (i)(II). Such approvals shall be
      granted only on a limited basis.

      (2) Notwithstanding subsections (a), (b), and (e) of section 3131
    of title 40, no small business concern shall be required to provide
    any amount of any bond as a condition of receiving any subcontract
    under this subsection if the Administrator determines that such
    amount is inappropriate for such concern in performing such
    contract: Provided, That the Administrator shall exercise the
    authority granted by the paragraph only if - 
        (A) the Administration takes such measures as it deems
      appropriate for the protection of persons furnishing materials
      and labor to a small business receiving any benefit pursuant to
      this paragraph;
        (B) the Administration assists, insofar as practicable, a small
      business receiving the benefits of this paragraph to develop,
      within a reasonable period of time, such financial and other
      capability as may be needed to obtain such bonds as the
      Administration may subsequently require for the successful
      completion of any program conducted under the authority of this
      subsection;
        (C) the Administration finds that such small business is unable
      to obtain the requisite bond or bonds from a surety and that no
      surety is willing to issue bond or bonds subject to the guarantee
      provisions of Title IV of the Small Business Investment Act of
      1958 [15 U.S.C. 692 et seq.]; and
        (D) the small business is determined to be a start-up concern
      and such concern has not been participating in any program
      conducted under the authority of this subsection for a period
      exceeding one year.

    The authority to waive bonds provided in this paragraph (2) may not
    be exercised after September 30, 1988.
      (3)(A) Any Program Participant selected by the Administration to
    perform a contract to be let noncompetitively pursuant to this
    subsection shall, when practicable, participate in any negotiation
    of the terms and conditions of such contract.
      (B)(i) For purposes of paragraph (1) a "fair market price" shall
    be determined by the agency offering the procurement requirement to
    the Administration, in accordance with clauses (ii) and (iii).
      (ii) The estimate of a current fair market price for a new
    procurement requirement, or a requirement that does not have a
    satisfactory procurement history, shall be derived from a price or
    cost analysis. Such analysis may take into account prevailing
    market conditions, commercial prices for similar products or
    services, or data obtained from any other agency. Such analysis
    shall consider such cost or pricing data as may be timely submitted
    by the Administration.
      (iii) The estimate of a current fair market price for a
    procurement requirement that has a satisfactory procurement history
    shall be based on recent award prices adjusted to insure
    comparability. Such adjustments shall take into account differences
    in quantities, performance times, plans, specifications,
    transportation costs, packaging and packing costs, labor and
    materials costs, overhead costs, and any other additional costs
    which may be deemed appropriate.
      (C) An agency offering a procurement requirement for potential
    award pursuant to this subsection shall, upon the request of the
    Administration, promptly submit to the Administration a written
    statement detailing the method used by the agency to estimate the
    current fair market price for such contract, identifying the
    information, studies, analyses, and other data used by such agency.
    The agency's estimate of the current fair market price (and any
    supporting data furnished to the Administration) shall not be
    disclosed to any potential offeror (other than the Administration).
      (D) A small business concern selected by the Administration to
    perform or negotiate a contract to be let pursuant to this
    subsection may request the Administration to protest the agency's
    estimate of the fair market price for such contract pursuant to
    paragraph (1)(A).
      (4)(A) For purposes of this section, the term "socially and
    economically disadvantaged small business concern" means any small
    business concern which meets the requirements of subparagraph (B)
    and - 
        (i) which is at least 51 per centum unconditionally owned by - 
          (I) one or more socially and economically disadvantaged
        individuals,
          (II) an economically disadvantaged Indian tribe (or a wholly
        owned business entity of such tribe), or
          (III) an economically disadvantaged Native Hawaiian
        organization, or

        (ii) in the case of any publicly owned business, at least 51
      per centum of the stock of which is unconditionally owned by - 
          (I) one or more socially and economically disadvantaged
        individuals,
          (II) an economically disadvantaged Indian tribe (or a wholly
        owned business entity of such tribe), or
          (III) an economically disadvantaged Native Hawaiian
        organization.

      (B) A small business concern meets the requirements of this
    subparagraph if the management and daily business operations of
    such small business concern are controlled by one or more - 
        (i) socially and economically disadvantaged individuals
      described in subparagraph (A)(i)(I) or subparagraph (A)(ii)(I),
        (ii) members of an economically disadvantaged Indian tribe
      described in subparagraph (A)(i)(II) or subparagraph (A)(ii)(II),
      or
        (iii) Native Hawaiian organizations described in subparagraph
      (A)(i)(III) or subparagraph (A)(ii)(III).

      (C) Each Program Participant shall certify, on an annual basis,
    that it meets the requirements of this paragraph regarding
    ownership and control.
      (5) Socially disadvantaged individuals are those who have been
    subjected to racial or ethnic prejudice or cultural bias because of
    their identity as a member of a group without regard to their
    individual qualities.
      (6)(A) Economically disadvantaged individuals are those socially
    disadvantaged individuals whose ability to compete in the free
    enterprise system has been impaired due to diminished capital and
    credit opportunities as compared to others in the same business
    area who are not socially disadvantaged. In determining the degree
    of diminished credit and capital opportunities the Administration
    shall consider, but not be limited to, the assets and net worth of
    such socially disadvantaged individual. In determining the economic
    disadvantage of an Indian tribe, the Administration shall consider,
    where available, information such as the following: the per capita
    income of members of the tribe excluding judgment awards, the
    percentage of the local Indian population below the poverty level,
    and the tribe's access to capital markets.
      (B) Each Program Participant shall annually submit to the
    Administration - 
        (i) a personal financial statement for each disadvantaged
      owner;
        (ii) a record of all payments made by the Program Participant
      to each of its disadvantaged owners or to any person or entity
      affiliated with such owners; and
        (iii) such other information as the Administration may deem
      necessary to make the determinations required by this paragraph.

      (C)(i) Whenever, on the basis of information provided by a
    Program Participant pursuant to subparagraph (B) or otherwise, the
    Administration has reason to believe that the standards to
    establish economic disadvantage pursuant to subparagraph (A) have
    not been met, the Administration shall conduct a review to
    determine whether such Program Participant and its disadvantaged
    owners continue to be impaired in their ability to compete in the
    free enterprise system due to diminished capital and credit
    opportunities when compared to other concerns in the same business
    area, which are not socially disadvantaged.
      (ii) If the Administration determines, pursuant to such review,
    that a Program Participant and its disadvantaged owners are no
    longer economically disadvantaged for the purpose of receiving
    assistance under this subsection, the Program Participant shall be
    graduated pursuant to section 636(j)(10)(G) of this title subject
    to the right to a hearing as provided for under paragraph (9).
      (D)(i) Whenever, on the basis of information provided by a
    Program Participant pursuant to subparagraph (B) or otherwise, the
    Administration has reason to believe that the amount of funds or
    other assets withdrawn from a Program Participant for the personal
    benefit of its disadvantaged owners or any person or entity
    affiliated with such owners may have been unduly excessive, the
    Administration shall conduct a review to determine whether such
    withdrawal of funds or other assets was detrimental to the
    achievement of the targets, objectives, and goals contained in such
    Program Participant's business plan.
      (ii) If the Administration determines, pursuant to such review,
    that funds or other assets have been withdrawn to the detriment of
    the Program Participant's business, the Administration shall - 
        (I) initiate a proceeding to terminate the Program Participant
      pursuant to section 636(j)(10)(F) of this title, subject to the
      right to a hearing under paragraph (9); or
        (II) require an appropriate reinvestment of funds or other
      assets and such other steps as the Administration may deem
      necessary to ensure the protection of the concern.

      (E) Whenever the Administration computes personal net worth for
    any purpose under this paragraph, it shall exclude from such
    computation - 
        (i) the value of investments that disadvantaged owners have in
      their concerns, except that such value shall be taken into
      account under this paragraph when comparing such concerns to
      other concerns in the same business area that are owned by other
      than socially disadvantaged persons;
        (ii) the equity that disadvantaged owners have in their primary
      personal residences, except that any portion of such equity that
      is attributable to unduly excessive withdrawals from a Program
      Participant or a concern applying for program participation shall
      be taken into account.

      (7)(A) No small business concern shall be deemed eligible for any
    assistance pursuant to this subsection unless the Administration
    determines that with contract, financial, technical, and management
    support the small business concern will be able to perform
    contracts which may be awarded to such concern under paragraph
    (1)(C) and has reasonable prospects for success in competing in the
    private sector.
      (B) Limitations established by the Administration in its
    regulations and procedures restricting the award of contracts
    pursuant to this subsection to a limited number of standard
    industrial classification codes in an approved business plan shall
    not be applied in a manner that inhibits the logical business
    progression by a participating small business concern into areas of
    industrial endeavor where such concern has the potential for
    success.
      (8) All determinations made pursuant to paragraph (5) with
    respect to whether a group has been subjected to prejudice or bias
    shall be made by the Administrator after consultation with the
    Associate Administrator for Minority Small Business and Capital
    Ownership Development. All other determinations made pursuant to
    paragraphs (4), (5), (6), and (7) shall be made by the Associate
    Administrator for Minority Small Business and Capital Ownership
    Development under the supervision of, and responsible to, the
    Administrator.
      (9)(A) Subject to the provisions of subparagraph (E), the
    Administration, prior to taking any action described in
    subparagraph (B), shall provide the small business concern that is
    the subject of such action, an opportunity for a hearing on the
    record, in accordance with chapter 5 of title 5.
      (B) The actions referred to in subparagraph (A) are - 
        (i) denial of program admission based upon a negative
      determination pursuant to paragraph (4), (5), or (6);
        (ii) a termination pursuant to section 636(j)(10)(F) of this
      title;
        (iii) a graduation pursuant to section 636(j)(10)(G) of this
      title; and
        (iv) the denial of a request to issue a waiver pursuant to
      paragraph (21)(B).

      (C) The Administration's proposed action, in any proceeding
    conducted under the authority of this paragraph, shall be sustained
    unless it is found to be arbitrary, capricious, or contrary to law.
      (D) A decision rendered pursuant to this paragraph shall be the
    final decision of the Administration and shall be binding upon the
    Administration and those within its employ.
      (E) The adjudicator selected to preside over a proceeding
    conducted under the authority of this paragraph shall decline to
    accept jurisdiction over any matter that - 
        (i) does not, on its face, allege facts that, if proven to be
      true, would warrant reversal or modification of the
      Administration's position;
        (ii) is untimely filed;
        (iii) is not filed in accordance with the rules of procedure
      governing such proceedings; or
        (iv) has been decided by or is the subject of an adjudication
      before a court of competent jurisdiction over such matters.

      (F) Proceedings conducted pursuant to the authority of this
    paragraph shall be completed and a decision rendered, insofar as
    practicable, within ninety days after a petition for a hearing is
    filed with the adjudicating office.
      (10) The Administration shall develop and implement an outreach
    program to inform and recruit small business concerns to apply for
    eligibility for assistance under this subsection. Such program
    shall make a sustained and substantial effort to solicit
    applications for certification from small business concerns located
    in areas of concentrated unemployment or underemployment or within
    labor surplus areas and within States having relatively few Program
    Participants and from small disadvantaged business concerns in
    industry categories that have not substantially participated in the
    award of contracts let under the authority of this subsection.
      (11) To the maximum extent practicable, construction subcontracts
    awarded by the Administration pursuant to this subsection shall be
    awarded within the county or State where the work is to be
    performed.
      (12)(A) The Administration shall require each concern eligible to
    receive subcontracts pursuant to this subsection to annually
    prepare and submit to the Administration a capability statement.
    Such statement shall briefly describe such concern's various
    contract performance capabilities and shall contain the name and
    telephone number of the Business Opportunity Specialist assigned
    such concern. The Administration shall separate such statements by
    those primarily dependent upon local contract support and those
    primarily requiring a national marketing effort. Statements
    primarily dependent upon local contract support shall be
    disseminated to appropriate buying activities in the marketing area
    of the concern. The remaining statements shall be disseminated to
    the Directors of Small and Disadvantaged Business Utilization for
    the appropriate agencies who shall further distribute such
    statements to buying activities with such agencies that may
    purchase the types of items or services described on the capability
    statements.
      (B) Contracting activities receiving capability statements shall,
    within 60 days after receipt, contact the relevant Business
    Opportunity Specialist to indicate the number, type, and
    approximate dollar value of contract opportunities that such
    activities may be awarding over the succeeding 12-month period and
    which may be appropriate to consider for award to those concerns
    for which it has received capability statements.
      (C) Each executive agency reporting to the Federal Procurement
    Data System contract actions with an aggregate value in excess of
    $50,000,000 in fiscal year 1988, or in any succeeding fiscal year,
    shall prepare a forecast of expected contract opportunities or
    classes of contract opportunities for the next and succeeding
    fiscal years that small business concerns, including those owned
    and controlled by socially and economically disadvantaged
    individuals, are capable of performing. Such forecast shall be
    periodically revised during such year. To the extent such
    information is available, the agency forecasts shall specify:
        (i) The approximate number of individual contract opportunities
      (and the number of opportunities within a class).
        (ii) The approximate dollar value, or range of dollar values,
      for each contract opportunity or class of contract opportunities.
        (iii) The anticipated time (by fiscal year quarter) for the
      issuance of a procurement request.
        (iv) The activity responsible for the award and administration
      of the contract.

      (D) The head of each executive agency subject to the provisions
    of subparagraph (C) shall within 10 days of completion furnish such
    forecasts to - 
        (i) the Director of the Office of Small and Disadvantaged
      Business Utilization established pursuant to section 644(k) of
      this title for such agency; and
        (ii) the Administrator.

      (E) The information reported pursuant to subparagraph (D) may be
    limited to classes of items and services for which there are
    substantial annual purchases.
      (F) Such forecasts shall be available to small business concerns.
      (13) For purposes of this subsection, the term "Indian tribe"
    means any Indian tribe, band, nation, or other organized group or
    community of Indians, including any Alaska Native village or
    regional or village corporation (within the meaning of the Alaska
    Native Claims Settlement Act [43 U.S.C. 1601 et seq.]) which - 
        (A) is recognized as eligible for the special programs and
      services provided by the United States to Indians because of
      their status as Indians, or
        (B) is recognized as such by the State in which such tribe,
      band, nation, group, or community resides.

      (14)(A) A concern may not be awarded a contract under this
    subsection as a small business concern unless the concern agrees
    that - 
        (i) in the case of a contract for services (except
      construction), at least 50 percent of the cost of contract
      performance incurred for personnel shall be expended for
      employees of the concern; and
        (ii) in the case of a contract for procurement of supplies
      (other than procurement from a regular dealer in such supplies),
      the concern will perform work for at least 50 percent of the cost
      of manufacturing the supplies (not including the cost of
      materials).

      (B) The Administrator may change the percentage under clause (i)
    or (ii) of subparagraph (A) if the Administrator determines that
    such change is necessary to reflect conventional industry practices
    among business concerns that are below the numerical size standard
    for businesses in that industry category. A percentage established
    under the preceding sentence may not differ from a percentage
    established under section 644(o) of this title.
      (C) The Administration shall establish, through public
    rulemaking, requirements similar to those specified in subparagraph
    (A) to be applicable to contracts for general and specialty
    construction and to contracts for any other industry category not
    otherwise subject to the requirements of such subparagraph. The
    percentage applicable to any such requirement shall be determined
    in accordance with subparagraph (B), except that such a percentage
    may not differ from a percentage established under section 644(o)
    of this title for the same industry category.
      (15) For purposes of this subsection, the term "Native Hawaiian
    Organization" means any community service organization serving
    Native Hawaiians in the State of Hawaii which - 
        (A) is a nonprofit corporation that has filed articles of
      incorporation with the director (or the designee thereof) of the
      Hawaii Department of Commerce and Consumer Affairs, or any
      successor agency,
        (B) is controlled by Native Hawaiians, and
        (C) whose business activities will principally benefit such
      Native Hawaiians.

      (16)(A) The Administration shall award sole source contracts
    under this section to any small business concern recommended by the
    procuring agency offering the contract opportunity if - 
        (i) the Program Participant is determined to be a responsible
      contractor with respect to performance of such contract
      opportunity;
        (ii) the award of such contract would be consistent with the
      Program Participant's business plan; and
        (iii) the award of the contract would not result in the Program
      Participant exceeding the requirements established by section
      636(j)(10)(I) of this title.

      (B) To the maximum extent practicable, the Administration shall
    promote the equitable geographic distribution of sole source
    contracts awarded pursuant to this subsection.
      (17)(A) An otherwise responsible business concern that is in
    compliance with the requirements of subparagraph (B) shall not be
    denied the opportunity to submit and have considered its offer for
    any procurement contract for the supply of a product to be let
    pursuant to this subsection or subsection (a) of section 644 of
    this title solely because such concern is other than the actual
    manufacturer or processor of the product to be supplied under the
    contract.
      (B) To be in compliance with the requirements referred to in
    subparagraph (A), such a business concern shall - 
        (i) be primarily engaged in the wholesale or retail trade;
        (ii) be a small business concern under the numerical size
      standard for the Standard Industrial Classification Code assigned
      to the contract solicitation on which the offer is being made;
        (iii) be a regular dealer, as defined pursuant to section 35(a)
      (!1) of title 41 (popularly referred to as the Walsh-Healey
      Public Contracts Act), in the product to be offered the
      Government or be specifically exempted from such section by
      section 636(j)(13)(C) of this title; and

        (iv) represent that it will supply the product of a domestic
      small business manufacturer or processor, unless a waiver of such
      requirement is granted - 
          (I) by the Administrator, after reviewing a determination by
        the contracting officer that no small business manufacturer or
        processor can reasonably be expected to offer a product meeting
        the specifications (including period for performance) required
        of an offeror by the solicitation; or
          (II) by the Administrator for a product (or class of
        products), after determining that no small business
        manufacturer or processor is available to participate in the
        Federal procurement market.

      (18)(A) No person within the employ of the Administration shall,
    during the term of such employment and for a period of two years
    after such employment has been terminated, engage in any activity
    or transaction specified in subparagraph (B) with respect to any
    Program Participant during such person's term of employment, if
    such person participated personally (either directly or indirectly)
    in decision-making responsibilities relating to such Program
    Participant or with respect to the administration of any assistance
    provided to Program Participants generally under this subsection,
    section 636(j)(10) of this title, or section 636(a)(20) of this
    title.
      (B) The activities and transactions prohibited by subparagraph
    (A) include - 
        (i) the buying, selling, or receiving (except by inheritance)
      of any legal or beneficial ownership of stock or any other
      ownership interest or the right to acquire any such interest;
        (ii) the entering into or execution of any written or oral
      agreement (whether or not legally enforceable) to purchase or
      otherwise obtain any right or interest described in clause (i);
      or
        (iii) the receipt of any other benefit or right that may be an
      incident of ownership.

      (C)(i) The employees designated in clause (ii) shall annually
    submit a written certification to the Administration regarding
    compliance with the requirements of this paragraph.
      (ii) The employees referred to in clause (i) are - 
        (I) regional administrators;
        (II) district directors;
        (III) the Associate Administrator for Minority Small Business
      and Capital Ownership Development;
        (IV) employees whose principal duties relate to the award of
      contracts or the provision of other assistance pursuant to this
      subsection or section 636(j)(10) of this title; and
        (V) such other employees as the Administrator may deem
      appropriate.

      (iii) Any present or former employee of the Administration who
    violates this paragraph shall be subject to a civil penalty,
    assessed by the Attorney General, that shall not exceed 300 per
    centum of the maximum amount of gain such employee realized or
    could have realized as a result of engaging in those activities and
    transactions prescribed (!2) by subparagraph (B).

      (iv) In addition to any other remedy or sanction provided for
    under law or regulation, any person who falsely certifies pursuant
    to clause (i) shall be subject to a civil penalty under the Program
    Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812).
      (19)(A) Any employee of the Administration who has authority to
    take, direct others to take, recommend, or approve any action with
    respect to any program or activity conducted pursuant to this
    subsection or section 636(j) of this title, shall not, with respect
    to any such action, exercise or threaten to exercise such authority
    on the basis of the political activity or affiliation of any party.
    Employees of the Administration shall expeditiously report to the
    Inspector General of the Administration any such action for which
    such employee's participation has been solicitated (!3) or
    directed.

      (B) Any employee who willfully and knowingly violates
    subparagraph (A) shall be subject to disciplinary action which may
    consist of separation from service, reduction in grade, suspension,
    or reprimand.
      (C) Subparagraph (A) shall not apply to any action taken as a
    penalty or other enforcement of a violation of any law, rule, or
    regulation prohibiting or restricting political activity.
      (D) The prohibitions of subparagraph (A), and remedial measures
    provided for under subparagraphs (B) and (C) with regard to such
    prohibitions, shall be in addition to, and not in lieu of, any
    other prohibitions, measures or liabilities that may arise under
    any other provision of law.
      (20)(A) Small business concerns participating in the Program
    under section 636(j)(10) of this title and eligible to receive
    contracts pursuant to this section shall semiannually report to
    their assigned Business Opportunity Specialist the following:
        (i) A listing of any agents, representatives, attorneys,
      accountants, consultants, and other parties (other than
      employees) receiving compensation to assist in obtaining a
      Federal contract for such Program Participant.
        (ii) The amount of compensation received by any person listed
      under clause (i) during the relevant reporting period and a
      description of the activities performed in return for such
      compensation.

      (B) The Business Opportunity Specialist shall promptly review and
    forward such report to the Associate Administrator for Minority
    Small Business and Capital Ownership Development. Any report that
    raises a suspicion of improper activity shall be reported
    immediately to the Inspector General of the Administration.
      (C) The failure to submit a report pursuant to the requirements
    of this subsection and applicable regulations shall be considered
    "good cause" for the initiation of a termination proceeding
    pursuant to section 636(j)(10)(F) of this title.
      (21)(A) Subject to the provisions of subparagraph (B), a contract
    (including options) awarded pursuant to this subsection shall be
    performed by the concern that initially received such contract.
    Notwithstanding the provisions of the preceding sentence, if the
    owner or owners upon whom eligibility was based relinquish
    ownership or control of such concern, or enter into any agreement
    to relinquish such ownership or control, such contract or option
    shall be terminated for the convenience of the Government, except
    that no repurchase costs or other damages may be assessed against
    such concerns due solely to the provisions of this subparagraph.
      (B) The Administrator may, on a nondelegable basis, waive the
    requirements of subparagraph (A) only if one of the following
    conditions exist:
        (i) When it is necessary for the owners of the concern to
      surrender partial control of such concern on a temporary basis in
      order to obtain equity financing.
        (ii) The head of the contracting agency for which the contract
      is being performed certifies that termination of the contract
      would severely impair attainment of the agency's program
      objectives or missions;
        (iii) Ownership and control of the concern that is performing
      the contract will pass to another small business concern that is
      a program participant, but only if the acquiring firm would
      otherwise be eligible to receive the award directly pursuant to
      subsection (a) of this section;
        (iv) The individuals upon whom eligibility was based are no
      longer able to exercise control of the concern due to incapacity
      or death; or
        (v) When, in order to raise equity capital, it is necessary for
      the disadvantaged owners of the concern to relinquish ownership
      of a majority of the voting stock of such concern, but only if - 
          (I) such concern has exited the Capital Ownership Development
        Program;
          (II) the disadvantaged owners will maintain ownership of the
        largest single outstanding block of voting stock (including
        stock held by affiliated parties); and
          (III) the disadvantaged owners will maintain control of daily
        business operations.

      (C) The Administrator may waive the requirements of subparagraph
    (A) if - 
        (i) in the case of subparagraph (B) (i), (ii) and (iv), he is
      requested to do so prior to the actual relinquishment of
      ownership or control; and
        (ii) in the case of subparagraph (B)(iii), he is requested to
      do so as soon as possible after the incapacity or death occurs.

      (D) Concerns performing contracts awarded pursuant to this
    subsection shall be required to notify the Administration
    immediately upon entering an agreement (either oral or in writing)
    to transfer all or part of its stock or other ownership interest to
    any other party.
      (E) Notwithstanding any other provision of law, for the purposes
    of determining ownership and control of a concern under this
    section, any potential ownership interests held by investment
    companies licensed under the Small Business Investment Act of 1958
    [15 U.S.C. 661 et seq.] shall be treated in the same manner as
    interests held by the individuals upon whom eligibility is based.
    (b) Procurement and property disposal powers; determination of
      small-business concerns
      It shall also be the duty of the Administration and it is
    empowered, whenever it determines such action is necessary - 
        (1)(A) to provide - 
          (i) technical, managerial, and informational aids to small
        business concerns - 
            (I) by advising and counseling on matters in connection
          with Government procurement and policies, principles, and
          practices of good management;
            (II) by cooperating and advising with - 
              (aa) voluntary business, professional, educational, and
            other nonprofit organizations, associations, and
            institutions (except that the Administration shall take
            such actions as it determines necessary to ensure that such
            cooperation does not constitute or imply an endorsement by
            the Administration of the organization or its products or
            services, and shall ensure that it receives appropriate
            recognition in all printed materials); and
              (bb) other Federal and State agencies;

            (III) by maintaining a clearinghouse for information on
          managing, financing, and operating small business
          enterprises; and
            (IV) by disseminating such information, including through
          recognition events, and by other activities that the
          Administration determines to be appropriate; and

          (ii) through cooperation with a profit-making concern
        (referred to in this paragraph as a "cosponsor"), training,
        information, and education to small business concerns, except
        that the Administration shall - 
            (I) take such actions as it determines to be appropriate to
          ensure that - 
              (aa) the Administration receives appropriate recognition
            and publicity;
              (bb) the cooperation does not constitute or imply an
            endorsement by the Administration of any product or service
            of the cosponsor;
              (cc) unnecessary promotion of the products or services of
            the cosponsor is avoided; and
              (dd) utilization of any one cosponsor in a marketing area
            is minimized; and

            (II) develop an agreement, executed on behalf of the
          Administration by an employee of the Administration in
          Washington, the District of Columbia, that provides, at a
          minimum, that - 
              (aa) any printed material to announce the cosponsorship
            or to be distributed at the cosponsored activity, shall be
            approved in advance by the Administration;
              (bb) the terms and conditions of the cooperation shall be
            specified;
              (cc) only minimal charges may be imposed on any small
            business concern to cover the direct costs of providing the
            assistance;
              (dd) the Administration may provide to the cosponsorship
            mailing labels, but not lists of names and addresses of
            small business concerns compiled by the Administration;
              (ee) all printed materials containing the names of both
            the Administration and the cosponsor shall include a
            prominent disclaimer that the cooperation does not
            constitute or imply an endorsement by the Administration of
            any product or service of the cosponsor; and
              (ff) the Administration shall ensure that it receives
            appropriate recognition in all cosponsorship printed
            materials.

        (B) To establish, conduct, and publicize, and to recruit,
      select, and train volunteers for (and to enter into contracts,
      grants, or cooperative agreements therefor), volunteer programs,
      including a Service Corps of Retired Executives (SCORE) and an
      Active Corps of Executive (ACE) for the purposes of subparagraph
      (A). To facilitate the implementation of such volunteer programs
      the Administration shall maintain at its headquarters and pay the
      salaries, benefits, and expenses of a volunteer and professional
      staff to manage and oversee the program. Any such payments made
      pursuant to this subparagraph shall be effective only to such
      extent or in such amounts as are provided in advance in
      appropriation Acts. Notwithstanding any other provision of law,
      SCORE may solicit cash and in-kind contributions from the private
      sector to be used to carry out its functions under this chapter,
      and may use payments made by the Administration pursuant to this
      subparagraph for such solicitation and the management of the
      contributions received.
        (C) To allow any individual or group of persons participating
      with it in furtherance of the purposes of subparagraphs (A) and
      (B) to use the Administration's office facilities and related
      material and services as the Administration deems appropriate,
      including clerical and stenographic services:
          (i) such volunteers, while carrying out activities under this
        paragraph shall be deemed Federal employees for the purposes of
        the Federal tort claims provisions in title 28; and for the
        purposes of subchapter I of chapter 81 of title 5 (relative to
        compensation to Federal employees for work injuries) shall be
        deemed civil employees of the United States within the meaning
        of the term "employee" as defined in section 8101 of title 5,
        and the provisions of that subchapter shall apply except that
        in computing compensation benefits for disability or death, the
        monthly pay of a volunteer shall be deemed that received under
        the entrance salary for a grade GS-11 employee;
          (ii) the Administrator is authorized to reimburse such
        volunteers for all necessary out-of-pocket expenses incident to
        their provision of services under this chapter, or in
        connection with attendance at meetings sponsored by the
        Administration, or for the cost of malpractice insurance, as
        the Administrator shall determine, in accordance with
        regulations which he or she shall prescribe, and, while they
        are carrying out such activities away from their homes or
        regular places of business, for travel expenses (including per
        diem in lieu of subsistence) as authorized by section 5703 of
        title 5 for individuals serving without pay; and
          (iii) such volunteers shall in no way provide services to a
        client of such Administration with a delinquent loan
        outstanding, except upon a specific request signed by such
        client for assistance in connection with such matter.

        (D) Notwithstanding any other provision of law, no payment for
      supportive services or reimbursement of out-of-pocket expenses
      made to persons serving pursuant to this paragraph shall be
      subject to any tax or charge or be treated as wages or
      compensation for the purposes of unemployment, disability,
      retirement, public assistance, or similar benefit payments, or
      minimum wage laws.
        (E) In carrying out its functions under subparagraph (A), to
      make grants (including contracts and cooperative agreements) to
      any public or private institution of higher education for the
      establishment and operation of a small business institute, which
      shall be used to provide business counseling and assistance to
      small business concerns through the activities of students
      enrolled at the institution, which students shall be entitled to
      receive educational credits for their activities.
        (F) Notwithstanding any other provision of law and pursuant to
      regulations which the Administrator shall prescribe, counsel may
      be employed and counsel fees, court costs, bail, and other
      expenses incidental to the defense of volunteers may be paid in
      judicial or administrative proceedings arising directly out of
      the performance of activities pursuant to this paragraph, to
      which volunteers have been made parties.
        (G) In carrying out its functions under this chapter and to
      carry out the activities authorized by title IV of the Women's
      Business Ownership Act of 1988 [15 U.S.C. 7101 et seq.], the
      Administration is authorized to accept, in the name of the
      Administration, and employ or dispose of in furtherance of the
      purposes of this chapter, any money or property, real, personal,
      or mixed, tangible, or intangible, received by gift, devise,
      bequest, or otherwise; and, further, to accept gratuitous
      services and facilities.
        (2) to make a complete inventory of all productive facilities
      of small-business concerns or to arrange for such inventory to be
      made by any other governmental agency which has the facilities.
      In making any such inventory, the appropriate agencies in the
      several States may be requested to furnish an inventory of the
      productive facilities of small-business concerns in each
      respective State if such an inventory is available or in
      prospect;
        (3) to coordinate and to ascertain the means by which the
      productive capacity of small-business concerns can be most
      effectively utilized;
        (4) to consult and cooperate with officers of the Government
      having procurement or property disposal powers, in order to
      utilize the potential productive capacity of plants operated by
      small-business concerns;
        (5) to obtain information as to methods and practices which
      Government prime contractors utilize in letting subcontracts and
      to take action to encourage the letting of subcontracts by prime
      contractors to small-business concerns at prices and on
      conditions and terms which are fair and equitable;
        (6) to determine within any industry the concerns, firms,
      persons, corporations, partnerships, cooperatives, or other
      business enterprises which are to be designated "small-business
      concerns" for the purpose of effectuating the provisions of this
      chapter. To carry out this purpose the Administrator, when
      requested to do so, shall issue in response to each such request
      an appropriate certificate certifying an individual concern as a
      "small-business concern" in accordance with the criteria
      expressed in this chapter. Any such certificate shall be subject
      to revocation when the concern covered thereby ceases to be a
      "small-business concern". Offices of the Government having
      procurement or lending powers, or engaging in the disposal of
      Federal property or allocating materials or supplies, or
      promulgating regulations affecting the distribution of materials
      or supplies, shall accept as conclusive the Administration's
      determination as to which enterprises are to be designated "small-
      business concerns", as authorized and directed under this
      paragraph;
        (7)(A) To certify to Government procurement officers, and
      officers engaged in the sale and disposal of Federal property,
      with respect to all elements of responsibility, including, but
      not limited to, capability, competency, capacity, credit,
      integrity, perseverance, and tenacity, of any small business
      concern or group of such concerns to receive and perform a
      specific Government contract. A Government procurement officer or
      an officer engaged in the sale and disposal of Federal property
      may not, for any reason specified in the preceding sentence
      preclude any small business concern or group of such concerns
      from being awarded such contract without referring the matter for
      a final disposition to the Administration.
        (B) If a Government procurement officer finds that an otherwise
      qualified small business concern may be ineligible due to the
      provisions of section 35(a) (!4) of title 41, he shall notify the
      Administration in writing of such finding. The Administration
      shall review such finding and shall either dismiss it and certify
      the small business concern to be an eligible Government
      contractor for a specific Government contract or if it concurs in
      the finding, forward the matter to the Secretary of Labor for
      final disposition, in which case the Administration may certify
      the small business concern only if the Secretary of Labor finds
      the small business concern not to be in violation.

        (C) In any case in which a small business concern or group of
      such concerns has been certified by the Administration pursuant
      to (A) or (B) to be a responsible or eligible Government
      contractor as to a specific Government contract, the officers of
      the Government having procurement or property disposal powers are
      directed to accept such certification as conclusive, and shall
      let such Government contract to such concern or group of concerns
      without requiring it to meet any other requirement of
      responsibility or eligibility. Notwithstanding the first sentence
      of this subparagraph, the Administration may not establish an
      exemption from referral or notification or refuse to accept a
      referral or notification from a Government procurement officer
      made pursuant to subparagraph (A) or (B) of this paragraph, but
      nothing in this paragraph shall require the processing of an
      application for certification if the small business concern to
      which the referral pertains declines to have the application
      processed.
        (8) to obtain from any Federal department, establishment, or
      agency engaged in procurement or in the financing of procurement
      or production such reports concerning the letting of contracts
      and subcontracts and the making of loans to business concerns as
      it may deem pertinent in carrying out its functions under this
      chapter;
        (9) to obtain from any Federal department, establishment, or
      agency engaged in the disposal of Federal property such reports
      concerning the solicitation of bids, time of sale, or otherwise
      as it may deem pertinent in carrying out its functions under this
      chapter;
        (10) to obtain from suppliers of materials information
      pertaining to the method of filling orders and the bases for
      allocating their supply, whenever it appears that any small
      business is unable to obtain materials from its normal sources;
        (11) to make studies and recommendations to the appropriate
      Federal agencies to insure that a fair proportion of the total
      purchases and contracts for property and services for the
      Government be placed with small-business enterprises, to insure
      that a fair proportion of Government contracts for research and
      development be placed with small-business concerns, to insure
      that a fair proportion of the total sales of Government property
      be made to small-business concerns, and to insure a fair and
      equitable share of materials, supplies, and equipment to small-
      business concerns;
        (12) to consult and cooperate with all Government agencies for
      the purpose of insuring that small-business concerns shall
      receive fair and reasonable treatment from such agencies;
        (13) to establish such advisory boards and committees as may be
      necessary to achieve the purposes of this chapter and of the
      Small Business Investment Act of 1958 [15 U.S.C. 661 et seq.]; to
      call meetings of such boards and committees from time to time; to
      pay the transportation expenses and a per diem allowance in
      accordance with section 5703 of title 5 to the members of such
      boards and committees for travel and subsistence expenses
      incurred at the request of the Administration in connection with
      travel to points more than fifty miles distant from the homes of
      such members in attending the meeting of such boards and
      committees; and to rent temporarily, within the District of
      Columbia or elsewhere, such hotel or other accommodations as are
      needed to facilitate the conduct of such meetings;
        (14) to provide at the earliest practicable time such
      information and assistance as may be appropriate, including
      information concerning eligibility for loans under section
      636(b)(3) of this title, to local public agencies (as defined in
      section 110(h) of the Housing Act of 1949 [42 U.S.C. 1460(h)])
      and to small-business concerns to be displaced by federally aided
      urban renewal projects in order to assist such small-business
      concerns in reestablishing their operations;
        (15) to disseminate, without regard to the provisions of
      section 3204 of title 39 data and information, in such form as it
      shall deem appropriate, to public agencies, private
      organizations, and the general public;
        (16) to make studies of matters materially affecting the
      competitive strength of small business, and of the effect on
      small business of Federal laws, programs, and regulations, and to
      make recommendations to the appropriate Federal agency or
      agencies for the adjustment of such programs and regulations to
      the needs of small business; and
        (17) to make grants to, and enter into contracts and
      cooperative agreements with, educational institutions, private
      businesses, veterans' nonprofit community-based organizations,
      and Federal, State, and local departments and agencies for the
      establishment and implementation of outreach programs for
      disabled veterans (as defined in section 4211(3) of title 38),
      veterans, and members of a reserve component of the Armed Forces.
    (c) [Reserved]
    (d) Performance of contracts by small business concerns; inclusion
      of required contract clause; subcontracting plans; contract
      eligibility; incentives; breach of contract; review; report to
      Congress
      (1) It is the policy of the United States that small business
    concerns, small business concerns owned and controlled by veterans,
    small business concerns owned and controlled by service-disabled
    veterans, qualified HUBZone small business concerns, small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals, and small business concerns owned and
    controlled by women, shall have the maximum practicable opportunity
    to participate in the performance of contracts let by any Federal
    agency, including contracts and subcontracts for subsystems,
    assemblies, components, and related services for major systems. It
    is further the policy of the United States that its prime
    contractors establish procedures to ensure the timely payment of
    amounts due pursuant to the terms of their subcontracts with small
    business concerns, small business concerns owned and controlled by
    veterans, small business concerns owned and controlled by service-
    disabled veterans, qualified HUBZone small business concerns,
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women.
      (2) The clause stated in paragraph (3) shall be included in all
    contracts let by any Federal agency except any contract which - 
        (A) does not exceed the simplified acquisition threshold;
        (B) including all subcontracts under such contracts will be
      performed entirely outside of any State, territory, or possession
      of the United States, the District of Columbia, or the
      Commonwealth of Puerto Rico; or
        (C) is for services which are personal in nature.

      (3) The clause required by paragraph (2) shall be as follows:
        "(A) It is the policy of the United States that small business
      concerns, small business concerns owned and controlled by
      veterans, small business concerns owned and controlled by service-
      disabled veterans, qualified HUBZone small business concerns,
      small business concerns owned and controlled by socially and
      economically disadvantaged individuals, and small business
      concerns owned and controlled by women shall have the maximum
      practicable opportunity to participate in the performance of
      contracts let by any Federal agency, including contracts and
      subcontracts for subsystems, assemblies, components, and related
      services for major systems. It is further the policy of the
      United States that its prime contractors establish procedures to
      ensure the timely payment of amounts due pursuant to the terms of
      their subcontracts with small business concerns, small business
      concerns owned and controlled by veterans, small business
      concerns owned and controlled by service-disabled veterans,
      qualified HUBZone small business concerns, small business
      concerns owned and controlled by socially and economically
      disadvantaged individuals, and small business concerns owned and
      controlled by women.
        "(B) The contractor hereby agrees to carry out this policy in
      the awarding of subcontracts to the fullest extent consistent
      with the efficient performance of this contract. The contractor
      further agrees to cooperate in any studies or surveys as may be
      conducted by the United States Small Business Administration or
      the awarding agency of the United States as may be necessary to
      determine the extent of the contractor's compliance with this
      clause.
        "(C) As used in this contract, the term 'small business
      concern' shall mean a small business as defined pursuant to
      section 3 of the Small Business Act and relevant regulations
      promulgated pursuant thereto. The term 'small business concern
      owned and controlled by socially and economically disadvantaged
      individuals' shall mean a small business concern - 
          "(i) which is at least 51 per centum owned by one or more
        socially and economically disadvantaged individuals; or, in the
        case of any publicly owned business, at least 51 per centum of
        the stock of which is owned by one or more socially and
        economically disadvantaged individuals; and
          "(ii) whose management and daily business operations are
        controlled by one or more of such individuals.

        "The contractor shall presume that socially and economically
      disadvantaged individuals include Black Americans, Hispanic
      Americans, Native Americans, Asian Pacific Americans, and other
      minorities, or any other individual found to be disadvantaged by
      the Administration pursuant to section 8(a) of the Small Business
      Act.
        "(D) The term 'small business concern owned and controlled by
      women' shall mean a small business concern - 
          "(i) which is at least 51 per centum owned by one or more
        women; or, in the case of any publicly owned business, at least
        51 per centum of the stock of which is owned by one or more
        women; and
          "(ii) whose management and daily business operations are
        controlled by one or more women.

        "(E) The term 'small business concern owned and controlled by
      veterans' shall mean a small business concern - 
          "(i) which is at least 51 per centum owned by one or more
        eligible veterans; or, in the case of any publicly owned
        business, at least 51 per centum of the stock of which is owned
        by one or more veterans; and
          "(ii) whose management and daily business operations are
        controlled by such veterans. The contractor shall treat as
        veterans all individuals who are veterans within the meaning of
        the term under section 3(q) of the Small Business Act.

        "(F) Contractors acting in good faith may rely on written
      representations by their subcontractors regarding their status as
      either a small business concern, small business concern owned and
      controlled by veterans, small business concern owned and
      controlled by service-disabled veterans, a small business concern
      owned and controlled by socially and economically disadvantaged
      individuals, or a small business concern owned and controlled by
      women.
        "(G) In this contract, the term 'qualified HUBZone small
      business concern' has the meaning given that term in section 3(p)
      of the Small Business Act."

      (4)(A) Each solicitation of an offer for a contract to be let by
    a Federal agency which is to be awarded pursuant to the negotiated
    method of procurement and which may exceed $1,000,000, in the case
    of a contract for the construction of any public facility, or
    $500,000, in the case of all other contracts, shall contain a
    clause notifying potential offering companies of the provisions of
    this subsection relating to contracts awarded pursuant to the
    negotiated method of procurement.
      (B) Before the award of any contract to be let, or any amendment
    or modification to any contract let, by any Federal agency which - 
        (i) is to be awarded, or was let, pursuant to the negotiated
      method of procurement,
        (ii) is required to include the clause stated in paragraph (3),
        (iii) may exceed $1,000,000 in the case of a contract for the
      construction of any public facility, or $500,000 in the case of
      all other contracts, and
        (iv) which offers subcontracting possibilities,

    the apparent successful offeror shall negotiate with the
    procurement authority a subcontracting plan which incorporates the
    information prescribed in paragraph (6). The subcontracting plan
    shall be included in and made a material part of the contract.
      (C) If, within the time limit prescribed in regulations of the
    Federal agency concerned, the apparent successful offeror fails to
    negotiate the subcontracting plan required by this paragraph, such
    offeror shall become ineligible to be awarded the contract. Prior
    compliance of the offeror with other such subcontracting plans
    shall be considered by the Federal agency in determining the
    responsibility of that offeror for the award of the contract.
      (D) No contract shall be awarded to any offeror unless the
    procurement authority determines that the plan to be negotiated by
    the offeror pursuant to this paragraph provides the maximum
    practicable opportunity for small business concerns, qualified
    HUBZone small business concerns, small business concerns owned and
    controlled by veterans, small business concerns owned and
    controlled by service-disabled veterans, small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals, and small business concerns owned and controlled by
    women to participate in the performance of the contract.
      (E) Notwithstanding any other provision of law, every Federal
    agency, in order to encourage subcontracting opportunities for
    small business concerns, small business concerns owned and
    controlled by veterans, small business concerns owned and
    controlled by service-disabled veterans, qualified HUBZone small
    business concerns, and small business concerns owned and controlled
    by the socially and economically disadvantaged individuals as
    defined in paragraph (3) of this subsection and for small business
    concerns owned and controlled by women, is hereby authorized to
    provide such incentives as such Federal agency may deem appropriate
    in order to encourage such subcontracting opportunities as may be
    commensurate with the efficient and economical performance of the
    contract: Provided, That, this subparagraph shall apply only to
    contracts let pursuant to the negotiated method of procurement.
      (F)(i) Each contract subject to the requirements of this
    paragraph or paragraph (5) shall contain a clause for the payment
    of liquidated damages upon a finding that a prime contractor has
    failed to make a good faith effort to comply with the requirements
    imposed on such contractor by this subsection.
      (ii) The contractor shall be afforded an opportunity to
    demonstrate a good faith effort regarding compliance prior to the
    contracting officer's final decision regarding the imposition of
    damages and the amount thereof. The final decision of a contracting
    officer regarding the contractor's obligation to pay such damages,
    or the amounts thereof, shall be subject to the Contract Disputes
    Act of 1978 (41 U.S.C. 601-613).
      (iii) Each agency shall ensure that the goals offered by the
    apparent successful bidder or offeror are attainable in relation to
    - 
        (I) the subcontracting opportunities available to the
      contractor, commensurate with the efficient and economical
      performance of the contract;
        (II) the pool of eligible subcontractors available to fulfill
      the subcontracting opportunities; and
        (III) the actual performance of such contractor in fulfilling
      the subcontracting goals specified in prior plans.

      (G) The following factors shall be designated by the Federal
    agency as significant factors for purposes of evaluating offers for
    a bundled contract where the head of the agency determines that the
    contract offers a significant opportunity for subcontracting:
        (i) A factor that is based on the rate provided under the
      subcontracting plan for small business participation in the
      performance of the contract.
        (ii) For the evaluation of past performance of an offeror, a
      factor that is based on the extent to which the offeror attained
      applicable goals for small business participation in the
      performance of contracts.

      (5)(A) Each solicitation of a bid for any contract to be let, or
    any amendment or modification to any contract let, by any Federal
    agency which - 
        (i) is to be awarded pursuant to the formal advertising method
      of procurement,
        (ii) is required to contain the clause stated in paragraph (3)
      of this subsection,
        (iii) may exceed $1,000,000 in the case of a contract for the
      construction of any public facility, or $500,000, in the case of
      all other contracts, and
        (iv) offers subcontracting possibilities,

    shall contain a clause requiring any bidder who is selected to be
    awarded a contract to submit to the Federal agency concerned a
    subcontracting plan which incorporates the information prescribed
    in paragraph (6).
      (B) If, within the time limit prescribed in regulations of the
    Federal agency concerned, the bidder selected to be awarded the
    contract fails to submit the subcontracting plan required by this
    paragraph, such bidder shall become ineligible to be awarded the
    contract. Prior compliance of the bidder with other such
    subcontracting plans shall be considered by the Federal agency in
    determining the responsibility of such bidder for the award of the
    contract. The subcontracting plan of the bidder awarded the
    contract shall be included in and made a material part of the
    contract.
      (6) Each subcontracting plan required under paragraph (4) or (5)
    shall include - 
        (A) percentage goals for the utilization as subcontractors of
      small business concerns, small business concerns owned and
      controlled by veterans, small business concerns owned and
      controlled by service-disabled veterans, qualified HUBZone small
      business concerns, small business concerns owned and controlled
      by socially and economically disadvantaged individuals, and small
      business concerns owned and controlled by women;
        (B) the name of an individual within the employ of the offeror
      or bidder who will administer the subcontracting program of the
      offeror or bidder and a description of the duties of such
      individual;
        (C) a description of the efforts the offeror or bidder will
      take to assure that small business concerns, small business
      concerns owned and controlled by veterans, small business
      concerns owned and controlled by service-disabled veterans,
      qualified HUBZone small business concerns, small business
      concerns owned and controlled by socially and economically
      disadvantaged individuals, and small business concerns owned and
      controlled by women will have an equitable opportunity to compete
      for subcontracts;
        (D) assurances that the offeror or bidder will include the
      clause required by paragraph (2) of this subsection in all
      subcontracts which offer further subcontracting opportunities,
      and that the offeror or bidder will require all subcontractors
      (except small business concerns) who receive subcontracts in
      excess of $1,000,000 in the case of a contract for the
      construction of any public facility, or in excess of $500,000 in
      the case of all other contracts, to adopt a plan similar to the
      plan required under paragraph (4) or (5);
        (E) assurances that the offeror or bidder will submit such
      periodic reports and cooperate in any studies or surveys as may
      be required by the Federal agency or the Administration in order
      to determine the extent of compliance by the offeror or bidder
      with the subcontracting plan; and
        (F) a recitation of the types of records the successful offeror
      or bidder will maintain to demonstrate procedures which have been
      adopted to comply with the requirements and goals set forth in
      this plan, including the establishment of source lists of small
      business concerns, small business concerns owned and controlled
      by veterans, small business concerns owned and controlled by
      service-disabled veterans, qualified HUBZone small business
      concerns, small business concerns owned and controlled by
      socially and economically disadvantaged individuals, and small
      business concerns owned and controlled by women; and efforts to
      identify and award subcontracts to such small business concerns.

      (7) The provisions of paragraphs (4), (5), and (6) shall not
    apply to offerors or bidders who are small business concerns.
      (8) The failure of any contractor or subcontractor to comply in
    good faith with - 
        (A) the clause contained in paragraph (3) of this subsection,
      or
        (B) any plan required of such contractor pursuant to the
      authority of this subsection to be included in its contract or
      subcontract,

    shall be a material breach of such contract or subcontract.
      (9) Nothing contained in this subsection shall be construed to
    supersede the requirements of Defense Manpower Policy Number 4A
    (32A CFR Chap. 1) or any successor policy.
      (10) In the case of contracts within the provisions of paragraphs
    (4), (5), and (6), the Administration is authorized to - 
        (A) assist Federal agencies and businesses in complying with
      their responsibilities under the provisions of this subsection,
      including the formulation of subcontracting plans pursuant to
      paragraph (4);
        (B) review any solicitation for any contract to be let pursuant
      to paragraphs (4) and (5) to determine the maximum practicable
      opportunity for small business concerns, small business concerns
      owned and controlled by veterans, small business concerns owned
      and controlled by service-disabled veterans, qualified HUBZone
      small business concerns, small business concerns owned and
      controlled by socially and economically disadvantaged
      individuals, and small business concerns owned and controlled by
      women to participate as subcontractors in the performance of any
      contract resulting from any solicitation, and to submit its
      findings, which shall be advisory in nature, to the appropriate
      Federal agency; and
        (C) evaluate compliance with subcontracting plans, either on a
      contract-by-contract basis, or in the case contractors having
      multiple contracts, on an aggregate basis.

      (11) For purposes of determining the attainment of a subcontract
    utilization goal under any subcontracting plan entered into with
    any executive agency pursuant to this subsection, a mentor firm
    providing development assistance to a protege firm under the pilot
    Mentor-Protege Program established pursuant to section 831 of the
    National Defense Authorization Act for Fiscal Year 1991 (Public Law
    101-510; 10 U.S.C. 2301 note [2302 note]) shall be granted credit
    for such assistance in accordance with subsection (g) of such
    section.
    (e) Covered executive agency activities; procurement notice;
      publication; time limitations
      (1) Except as provided in subsection (g) of this section - 
        (A) an executive agency intending to - 
          (i) solicit bids or proposals for a contract for property or
        services for a price expected to exceed $25,000; or
          (ii) place an order, expected to exceed $25,000, under a
        basic agreement, basic ordering agreement, or similar
        arrangement,

      shall publish a notice described in subsection (f) of this
      section;
        (B) an executive agency intending to solicit bids or proposals
      for a contract for property or services shall post, for a period
      of not less than ten days, in a public place at the contracting
      office issuing the solicitation a notice of solicitation
      described in subsection (f) of this section - 
          (i) in the case of an executive agency other than the
        Department of Defense, if the contract is for a price expected
        to exceed $10,000, but not to exceed $25,000; and
          (ii) in the case of the Department of Defense, if the
        contract is for a price expected to exceed $5,000, but not to
        exceed $25,000;

        (C) an executive agency awarding a contract for property or
      services for a price exceeding $100,000, or placing an order
      referred to in clause (A)(ii) exceeding $100,000, shall furnish
      for publication by the Secretary of Commerce a notice announcing
      the award or order if there is likely to be any subcontract under
      such contract or order.

      (2)(A) A notice of solicitation required to be published under
    paragraph (1) may be published - 
        (i) by electronic means that meet the accessibility
      requirements under section 416(a)(7) of title 41; or
        (ii) by the Secretary of Commerce in the Commerce Business
      Daily.

      (B) The Secretary of Commerce shall promptly publish in the
    Commerce Business Daily each notice or announcement received under
    this subsection for publication by that means.
      (3) Whenever an executive agency is required by paragraph (1)(A)
    to publish a notice of solicitation, such executive agency may not -
     
        (A) issue the solicitation earlier than 15 days after the date
      on which the notice is published; or
        (B) in the case of a contract or order estimated to be greater
      than the simplified acquisition threshold, establish a deadline
      for the submission of all bids or proposals in response to the
      notice required by paragraph (1)(A) that - 
          (i) in the case of an order under a basic agreement, basic
        ordering agreement, or similar arrangement, is earlier than the
        date 30 days after the date the notice required by paragraph
        (1)(A)(ii) is published;
          (ii) in the case of a solicitation for research and
        development, is earlier than the date 45 days after the date
        the notice required by paragraph (1)(A)(i) is published; or
          (iii) in any other case, is earlier than the date 30 days
        after the date the solicitation is issued.
    (f) Contents of notice
      Each notice of solicitation required by subparagraph (A) or (B)
    of subsection (e)(1) of this section shall include - 
        (1) an accurate description of the property or services to be
      contracted for, which description (A) shall not be unnecessarily
      restrictive of competition, and (B) shall include, as
      appropriate, the agency nomenclature, National Stock Number or
      other part number, and a brief description of the item's form,
      fit, or function, physical dimensions, predominant material of
      manufacture, or similar information that will assist a
      prospective contractor to make an informed business judgment as
      to whether a copy of the solicitation should be requested;
        (2) provisions that - 
          (A) state whether the technical data required to respond to
        the solicitation will not be furnished as part of such
        solicitation, and identify the source in the Government, if
        any, from which the technical data may be obtained; and
          (B) state whether an offeror, its product, or service must
        meet a qualification requirement in order to be eligible for
        award, and, if so, identify the office from which a
        qualification requirement may be obtained;

        (3) the name, business address, and telephone number of the
      contracting officer;
        (4) a statement that all responsible sources may submit a bid,
      proposal, or quotation (as appropriate) which shall be considered
      by the agency;
        (5) in the case of a procurement using procedures other than
      competitive procedures, a statement of the reason justifying the
      use of such procedures and the identity of the intended source;
      and
        (6) in the case of a contract in an amount estimated to be
      greater than $25,000 but not greater than the simplified
      acquisition threshold - 
          (A) a description of the procedures to be used in awarding
        the contract; and
          (B) a statement specifying the periods for prospective
        offerors and the contracting officer to take the necessary
        preaward and award actions.
    (g) Exempted, etc., activities of executive agency
      (1) A notice is not required under subsection (e)(1) of this
    section if - 
        (A) the proposed procurement is for an amount not greater than
      the simplified acquisition threshold and is to be conducted by - 
          (i) using widespread electronic public notice of the
        solicitation in a form that allows convenient and universal
        user access through a single, Government-wide point of entry;
        and
          (ii) permitting the public to respond to the solicitation
        electronically.

        (B) the notice would disclose the executive agency's needs and
      the disclosure of such needs would compromise the national
      security;
        (C) the proposed procurement would result from acceptance of - 
          (i) any unsolicited proposal that demonstrates a unique and
        innovative research concept and the publication of any notice
        of such unsolicited research proposal would disclose the
        originality of thought or innovativeness of the proposal or
        would disclose proprietary information associated with the
        proposal; or
          (ii) a proposal submitted under section 638 of this title;

        (D) the procurement is made against an order placed under a
      requirements contract;
        (E) the procurement is made for perishable subsistence
      supplies;
        (F) the procurement is for utility services, other than
      telecommunication services, and only one source is available; or
        (G) the procurement is for the services of an expert for use in
      any litigation or dispute (including preparation for any
      foreseeable litigation or dispute) that involves or could involve
      the Federal Government in any trial, hearing, or proceeding
      before any court, administrative tribunal, or agency, or in any
      part of an alternative dispute resolution process, whether or not
      the expert is expected to testify.

      (2) The requirements of subsection (a)(1)(A) of this section do
    not apply to any procurement under conditions described in
    paragraph (2), (3), (4), (5), or (7) of section 303(c) of the
    Federal Property and Administrative Services Act of 1949 (41 U.S.C.
    253(c)) or paragraph (2), (3), (4), (5), or (7) of section 2304(c)
    of title 10.
      (3) The requirements of subsection (a)(1)(A) of this section
    shall not apply in the case of any procurement for which the head
    of the executive agency makes a determination in writing, after
    consultation with the Administrator for Federal Procurement Policy
    and the Administrator of the Small Business Administration, that it
    is not appropriate or reasonable to publish a notice before issuing
    a solicitation.
    (h) Award of contracts; procedures other than competitive ones;
      exceptions
      (1) An executive agency may not award a contract using procedures
    other than competitive procedures unless - 
        (A) except as provided in paragraph (2), a written
      justification for the use of such procedures has been approved - 
          (i) in the case of a contract for an amount exceeding
        $100,000 (but equal to or less than $1,000,000), by the
        advocate for competition for the procuring activity (without
        further delegation);
          (ii) in the case of a contract for an amount exceeding
        $1,000,000 (but equal to or less than $10,000,000), by the head
        of the procuring activity or a delegate who, if a member of the
        Armed Forces, is a general or flag officer, or, if a civilian,
        is serving in a position in grade GS-16 or above under the
        General Schedule (or in a comparable or higher position under
        another schedule); or
          (iii) in the case of a contract for an amount exceeding
        $10,000,000, by the senior procurement executive of the agency
        designated pursuant to section 414(3) of title 41 (!5) (without
        further delegation); and


        (B) all other requirements applicable to the use of such
      procedures under title III of the Federal Property and
      Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) or
      chapter 137 of title 10, as appropriate, have been satisfied.

      (2) The same exceptions as are provided in section 303(f)(2) of
    the Federal Property and Administrative Services Act of 1949 (41
    U.S.C. 253(f)(2)) or section 2304(f)(2) of title 10 shall apply
    with respect to the requirements of paragraph (1)(A) of this
    subsection in the same manner as such exceptions apply to the
    requirements of section 303(f)(1) of such Act or section 2304(f)(1)
    of such title, as appropriate.
    (i) Availability; complete solicitation package; fees
      An executive agency shall make available to any business concern,
    or the authorized representative of such concern, the complete
    solicitation package for any on-going procurement announced
    pursuant to a notice under subsection (e) of this section. An
    executive agency may require the payment of a fee, not exceeding
    the actual cost of duplication, for a copy of such package.
    (j) "Executive agency" defined
      For purposes of this section, the term "executive agency" has the
    meaning provided such term in section 403(1) of title 41.
    (k) Notices of subcontracting opportunities
      (1) In general
        Notices of subcontracting opportunities may be submitted for
      publication in the Commerce Business Daily by - 
          (A) a business concern awarded a contract by an executive
        agency subject to subsection (e)(1)(C) of this section; and
          (B) a business concern that is a subcontractor or supplier
        (at any tier) to such contractor having a subcontracting
        opportunity in excess of $10,000.
      (2) Content of notice
        The notice of a subcontracting opportunity shall include - 
          (A) a description of the business opportunity that is
        comparable to the description specified in paragraphs (1), (2),
        (3), and (4) of subsection (f) of this section; and
          (B) the due date for receipt of offers.
    (l) Management assistance for small businesses affected by military
      operations
      The Administration shall utilize, as appropriate, its
    entrepreneurial development and management assistance programs,
    including programs involving State or private sector partners, to
    provide business counseling and training to any small business
    concern adversely affected by the deployment of units of the Armed
    Forces of the United States in support of a period of military
    conflict (as defined in section 636(n)(1) of this title).
    (m) Procurement program for women-owned small business concerns
      (1) Definitions
        In this subsection, the following definitions apply:
        (A) Contracting officer
          The term "contracting officer" has the meaning given such
        term in section 423(f)(5) of title 41.
        (B) Small business concern owned and controlled by women
          The term "small business concern owned and controlled by
        women" has the meaning given such term in section 632(n) of
        this title, except that ownership shall be determined without
        regard to any community property law.
      (2) Authority to restrict competition
        In accordance with this subsection, a contracting officer may
      restrict competition for any contract for the procurement of
      goods or services by the Federal Government to small business
      concerns owned and controlled by women, if - 
          (A) each of the concerns is not less than 51 percent owned by
        one or more women who are economically disadvantaged (and such
        ownership is determined without regard to any community
        property law);
          (B) the contracting officer has a reasonable expectation that
        two or more small business concerns owned and controlled by
        women will submit offers for the contract;
          (C) the contract is for the procurement of goods or services
        with respect to an industry identified by the Administrator
        pursuant to paragraph (3);
          (D) the anticipated award price of the contract (including
        options) does not exceed - 
            (i) $5,000,000, in the case of a contract assigned an
          industrial classification code for manufacturing; or
            (ii) $3,000,000, in the case of all other contracts;

          (E) in the estimation of the contracting officer, the
        contract award can be made at a fair and reasonable price; and
          (F) each of the concerns - 
            (i) is certified by a Federal agency, a State government,
          or a national certifying entity approved by the
          Administrator, as a small business concern owned and
          controlled by women; or
            (ii) certifies to the contracting officer that it is a
          small business concern owned and controlled by women and
          provides adequate documentation, in accordance with standards
          established by the Administration, to support such
          certification.
      (3) Waiver
        With respect to a small business concern owned and controlled
      by women, the Administrator may waive subparagraph (2)(A) if the
      Administrator determines that the concern is in an industry in
      which small business concerns owned and controlled by women are
      substantially underrepresented.
      (4) Identification of industries
        The Administrator shall conduct a study to identify industries
      in which small business concerns owned and controlled by women
      are underrepresented with respect to Federal procurement
      contracting.
      (5) Enforcement; penalties
        (A) Verification of eligibility
          In carrying out this subsection, the Administrator shall
        establish procedures relating to - 
            (i) the filing, investigation, and disposition by the
          Administration of any challenge to the eligibility of a small
          business concern to receive assistance under this subsection
          (including a challenge, filed by an interested party,
          relating to the veracity of a certification made or
          information provided to the Administration by a small
          business concern under paragraph (2)(F)); and
            (ii) verification by the Administrator of the accuracy of
          any certification made or information provided to the
          Administration by a small business concern under paragraph
          (2)(F).
        (B) Examinations
          The procedures established under subparagraph (A) may provide
        for program examinations (including random program
        examinations) by the Administrator of any small business
        concern making a certification or providing information to the
        Administrator under paragraph (2)(F).
        (C) Penalties
          In addition to the penalties described in section 645(d) of
        this title, any small business concern that is determined by
        the Administrator to have misrepresented the status of that
        concern as a small business concern owned and controlled by
        women for purposes of this subsection, shall be subject to - 
            (i) section 1001 of title 18; and
            (ii) sections 3729 through 3733 of title 31.
      (6) Provision of data
        Upon the request of the Administrator, the head of any Federal
      department or agency shall promptly provide to the Administrator
      such information as the Administrator determines to be necessary
      to carry out this subsection.
    (n) Business grants and cooperative agreements
      (1) In general
        In accordance with this subsection, the Administrator may make
      grants to and enter into cooperative agreements with any
      coalition of private entities, public entities, or any
      combination of private and public entities - 
          (A) to expand business-to-business relationships between
        large and small businesses; and
          (B) to provide businesses, directly or indirectly, with
        online information and a database of companies that are
        interested in mentor-protege programs or community-based,
        statewide, or local business development programs.
      (2) Matching requirement
        Subject to subparagraph (B), the Administrator may make a grant
      to a coalition under paragraph (1) only if the coalition provides
      for activities described in paragraph (1)(A) or (1)(B) an amount,
      either in kind or in cash, equal to the grant amount.
      (3) Authorization of appropriations
        There is authorized to be appropriated to carry out this
      subsection $6,600,000, to remain available until expended, for
      each of fiscal years 2001 through 2006.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[8], July 18, 1958, 72 Stat. 389; Pub. L. 87-
    305, Secs. 7, 8, Sept. 26, 1961, 75 Stat. 667, 668; Pub. L. 88-
    560, title III, Sec. 305(c), Sept. 2, 1964, 78 Stat. 786; Pub. L.
    89-754, title X, Sec. 1017, Nov. 3, 1966, 80 Stat. 1295; Pub. L. 90-
    104, title I, Secs. 105-107, Oct. 11, 1967, 81 Stat. 268, 269;
    Pub. L. 91-375, Sec. 6(g), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-
    89, title V, Sec. 501, Aug. 4, 1977, 91 Stat. 561; Pub. L. 95-507,
    title II, Secs. 202(a), 211, Oct. 24, 1978, 92 Stat. 1761, 1767;
    Pub. L. 95-510, Sec. 101, Oct. 24, 1978, 92 Stat. 1780; Pub. L. 96-
    302, title I, Sec. 118(b), July 2, 1980, 94 Stat. 840; Pub. L. 96-
    481, title I, Secs. 101, 105, Oct. 21, 1980, 94 Stat. 2321, 2322;
    Pub. L. 98-47, Secs. 1(a), 2, 3, July 13, 1983, 97 Stat. 243; Pub.
    L. 98-72, Sec. 1(a), Aug. 11, 1983, 97 Stat. 403; Pub. L. 98-362,
    Sec. 5(a), July 16, 1984, 98 Stat. 433; Pub. L. 98-577, title IV,
    Secs. 401, 402, 404(a), Oct. 30, 1984, 98 Stat. 3079, 3082; Pub. L.
    99-272, title XVIII, Sec. 18015(b)-(d), Apr. 7, 1986, 100 Stat.
    370, 371; Pub. L. 99-500 Sec. 101(c) [title X, Secs. 921(b)(2),
    (c)(1), 922(a), (d)(1)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-
    147, 1783-151, 1783-152, and Pub. L. 99-591, Sec. 101(c) [title X,
    Secs. 921(b)(2), (c)(1), 922(a), (d)(1)], Oct. 30, 1986, 100 Stat.
    3341-82, 3341-147, 3341-151, 3341-152; Pub. L. 99-567, Secs. 1(a),
    2, 3, Oct. 27, 1986, 100 Stat. 3188; Pub. L. 99-661, div. A, title
    IX, formerly title IV, Secs. 921(b)(2), (c)(1), 922(a), (d)(1),
    Nov. 14, 1986, 100 Stat. 3927, 3930, 3932, renumbered title IX,
    Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L.
    100-26, Sec. 10(b)(3), Apr. 21, 1987, 101 Stat. 288; Pub. L. 100-
    533, title II, Secs. 201, 202, Oct. 25, 1988, 102 Stat. 2690,
    2692; Pub. L. 100-590, title I, Secs. 127(a), (b), 131(b), Nov. 3,
    1988, 102 Stat. 3001, 3003, 3004; Pub. L. 100-656, title II, Secs.
    201(b), 207(a), (c), 209, title III, Secs. 303(b)-(e), (g), (h),
    304(a), title IV, Secs. 402-404, 407, 409, title V, Sec. 501, Nov.
    15, 1988, 102 Stat. 3858, 3861, 3863, 3869, 3870, 3872-3874, 3876,
    3878, 3880; Pub. L. 101-37, Secs. 6(b), (d), 7(b), 10(c), (e), 12-
    14, 16, 17, June 15, 1989, 103 Stat. 72-74; Pub. L. 101-162, title
    V, (3), Nov. 21, 1989, 103 Stat. 1025; Pub. L. 101-510, div. A,
    title VIII, Sec. 806(e)(2), Nov. 5, 1990, 104 Stat. 1593; Pub. L.
    101-574, title II, Secs. 204(b), 207, 210, 244, Nov. 15, 1990, 104
    Stat. 2819-2821, 2827; Pub. L. 102-190, div. A, title VIII, Sec.
    814(c), Dec. 5, 1991, 105 Stat. 1425; Pub. L. 102-191, Sec. 3, Dec.
    5, 1991, 105 Stat. 1591; Pub. L. 102-366, title II, Sec. 232(a),
    Sept. 4, 1992, 106 Stat. 1001; Pub. L. 102-564, title III, Secs.
    303(a), 304, Oct. 28, 1992, 106 Stat. 4262; Pub. L. 103-355, title
    I, Sec. 1055(b)(2), title IV, Secs. 4202(d), 4404(b), title VII,
    Sec. 7106(b), Oct. 13, 1994, 108 Stat. 3265, 3345, 3349, 3375; Pub.
    L. 103-403, title IV, Secs. 401(a)(1), 407, 415, Oct. 22, 1994, 108
    Stat. 4190, 4192, 4198; Pub. L. 104-106, div. D, title XLIII, Sec.
    4321(c)(1), (2), Feb. 10, 1996, 110 Stat. 674; Pub. L. 105-85, div.
    A, title VIII, Sec. 850(e)(1), Nov. 18, 1997, 111 Stat. 1848; Pub.
    L. 105-135, title IV, Secs. 415, 416(a), (c), title VI, Sec.
    603(a), title VII, Sec. 708, Dec. 2, 1997, 111 Stat. 2619, 2620,
    2631, 2637; Pub. L. 106-50, title III, Sec. 303(a), title V, Sec.
    501, Aug. 17, 1999, 113 Stat. 243, 247; Pub. L. 106-398, Sec. 1
    [[div. A], title VIII, Sec. 810(c)], Oct. 30, 2000, 114 Stat. 1654,
    1654A-209; Pub. L. 106-554, Sec. 1(a)(8) [Sec. 2], Sec. 1(a)(9)
    [title V, Sec. 504(a), title VI, Sec. 615(b), title VIII, Secs.
    803, 807, 809, 811], Dec. 21, 2000, 114 Stat. 2763, 2763A-666,
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    447, div. K, title I, Secs. 132(b), (c), 141(a), 144, Dec. 8,
    2004, 118 Stat. 3453, 3455.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Small Business Investment Act of 1958, referred to in
    subsecs. (a)(2)(C), (21)(D), and (b)(13), is Pub. L. 85-699, Aug.
    21, 1958, 72 Stat. 689, as amended, which is classified principally
    to chapter 14B (Sec. 661 et seq.) of this title. Title IV of the
    Small Business Investment Act of 1958 is classified generally to
    subchapter IV-A (Sec. 692 et seq.) of chapter 14B of this title.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 661 of this title and Tables.
      The Alaska Native Claims Settlement Act, referred to in subsec.
    (a)(13), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as
    amended, which is classified generally to chapter 33 (Sec. 1601 et
    seq.) of Title 43, Public Lands. For complete classification of
    this Act to the Code, see Short Title note set out under section
    1601 of Title 43 and Tables.
      Section 35(a) of title 41, referred to in subsecs.
    (a)(17)(B)(iii) and (b)(7)(B), was struck out and former section
    35(b) of Title 41, Public Contracts, redesignated section 35(a) by
    Pub. L. 103-355, title VII, Sec. 7201(1), Oct. 13, 1994, 108 Stat.
    3378. Section 43b of Title 41 now provides for determination of
    "regular dealer" by Secretary of Labor.
      The Walsh-Healey Public Contracts Act, referred to in subsec.
    (a)(17)(B)(iii), probably means act June 30, 1936, ch. 881, 49
    Stat. 2036, as amended, known as the Walsh-Healey Act, which is
    classified generally to sections 35 to 45 of Title 41, Public
    Contracts. For complete classification of this Act to the Code, see
    Short Title note set out under section 35 of Title 41 and Tables.
    See also section 262 of Title 29, Labor.
      The Program Fraud Civil Remedies Act of 1986, referred to in
    subsec. (a)(18)(C)(iv), is subtitle B of title VI of Pub. L. 99-
    509, Oct. 21, 1986, 100 Stat. 1934, as amended, which is
    classified generally to chapter 38 (Sec. 3801 et seq.) of Title 31,
    Money and Finance. For complete classification of this Act to the
    Code, see Short Title note set out under section 3801 of Title 31
    and Tables.
      The Women's Business Ownership Act of 1988, referred to in
    subsec. (b)(1)(G), is Pub. L. 100-533, Oct. 25, 1988, 102 Stat.
    2689, as amended. Title IV of the Act is classified generally to
    chapter 97 (Sec. 7101 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title of 1988
    Amendments note set out under section 631 of this title and Tables.
      Section 110 of the Housing Act of 1949 [42 U.S.C. 1460], referred
    to in subsec. (b)(14), was omitted from the Code pursuant to
    section 5316 of Title 42, The Public Health and Welfare, which
    terminated authority to make grants or loans under title I of that
    Act [42 U.S.C. 1450 et seq.] after Jan. 1, 1975.
      Sections 3 and 8 of the Small Business Act, referred to in
    subsec. (d)(3)(C), (E)(ii), (G), are classified to sections 632 and
    637, respectively, of this title.
      The Contract Disputes Act of 1978, referred to in subsec.
    (d)(4)(F)(ii), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as
    amended, which is classified principally to chapter 9 (Sec. 601 et
    seq.) of Title 41, Public Contracts. For complete classification of
    this Act to the Code, see Short Title note set out under section
    601 of Title 41 and Tables.
      Section 414 of title 41, referred to in subsec. (h)(1)(A)(iii),
    was amended generally by Pub. L. 108-136, div. A, title XIV, Sec.
    1421(a)(1), Nov. 24, 2003, 117 Stat. 1666, and, as so amended, no
    longer contains a par. (3). See section 414(c)(1) of Title 41,
    Public Contracts.
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (h)(1)(B), is act June 30, 1949, ch. 288, 63
    Stat. 377, as amended. Title III of the Act is classified generally
    to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
    Public Contracts. For complete classification of this Act to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
      In subsec. (a)(2), "subsections (a), (b), and (e) of section 3131
    of title 40" substituted for "subsections (a) and (c) of the first
    section of the Act entitled 'An Act requiring contracts for the
    construction, alteration, and repair of any public building or
    public work of the United States to be accompanied by a performance
    bond protecting the United States and by additional bond for the
    protection of persons furnishing material and labor for the
    construction, alteration, or repair of said public buildings or
    public work,' approved August 24, 1935 (49 Stat. 793)" on authority
    of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat. 1303, the
    first section of which enacted Title 40, Public Buildings,
    Property, and Works.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in sections 207(b)(2),
    (b)(4), 208, 210, 212 and 216 of act July 30, 1953, ch. 282, title
    II, 67 Stat. 235-239, as amended by acts Aug. 9, 1955, ch. 628,
    Secs. 2, 5, 7, 69 Stat. 547, 550; Feb. 2, 1956, ch. 29, Secs. 2, 3,
    70 Stat. 10, which were previously classified to this section and
    sections 636, 639, 641, and 645 of this title. See Codification
    note set out under section 631 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (b)(1)(A). Pub. L. 108-447, Sec. 132(b), (c),
    temporarily struck out cl. (ii), substituted "to provide technical,
    managerial, and informational aids to small business concerns - "
    for "to provide - 
        "(i) technical, managerial, and informational aids to small
      business concerns - ",
    redesignated subcls. (I) to (IV) of former cl. (i) as cls. (i) to
    (iv), respectively, substituted a period for "; and" at end of cl.
    (iv), and redesignated items (aa) and (bb) of former subcl. (II) as
    subcls. (I) and (II), respectively.
      Subsec. (b)(1)(B). Pub. L. 108-447, Sec. 141(a), substituted
    "purposes of subparagraph (A). To facilitate" for "purposes of
    subparagraph (A); and to facilitate", "shall maintain at its
    headquarters and pay the salaries, benefits, and expenses of a
    volunteer and professional staff to manage and oversee the program.
    Any" for "may maintain at its headquarters and pay the expenses of
    a team of volunteers subject to such conditions and limitations as
    the Administration deems appropriate: Provided, That any", and "and
    the management of the contributions received." for period at end.
      Subsec. (b)(17). Pub. L. 108-447, Sec. 144, inserted before
    period at end ", veterans, and members of a reserve component of
    the Armed Forces".
      2000 - Subsec. (a)(15)(A). Pub. L. 106-554, Sec. 1(a)(9) [title
    VIII, Sec. 807], amended subpar. (A) generally. Prior to amendment,
    subpar. (A) read as follows: "is a not-for-profit organization
    chartered by the State of Hawaii,".
      Subsec. (b)(1)(A). Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec.
    504(a)], amended subpar. (A) generally. Prior to amendment, subpar.
    (A) read as follows: "to provide technical and managerial aids to
    small-business concerns, by advising and counseling on matters in
    connection with Government procurement and property disposal and on
    policies, principles, and practices of good management, including
    but not limited to cost accounting, methods of financing, business
    insurance, accident control, wage incentives, computer security,
    and methods engineering, by cooperating and advising with voluntary
    business, professional, educational, and other nonprofit
    organizations, associations, and institutions and with other
    Federal and State agencies, by maintaining a clearinghouse for
    information concerning the managing, financing, and operation of
    small-business enterprises, including information on the benefits
    and risks of franchising, by disseminating such information, and by
    such other activities as are deemed appropriate by the
    Administration; and In the case of cosponsored activities which
    include the participation of a Federal, State, or local public
    official or agency, the Administration shall take such actions as
    it deems necessary to ensure that the cooperation does not
    constitute or imply an endorsement by the Administration of or give
    undue recognition to the public official or agency, and the
    Administration shall ensure that it receives appropriate
    recognition in all cosponsored printed materials, whether the
    participant is a profit making concern or a governmental agency or
    public official."
      Subsec. (b)(1)(B). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 809], inserted at end "Notwithstanding any other provision of
    law, SCORE may solicit cash and in-kind contributions from the
    private sector to be used to carry out its functions under this
    chapter, and may use payments made by the Administration pursuant
    to this subparagraph for such solicitation."
      Subsec. (d)(1). Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Sec.
    803(1)], inserted "small business concerns owned and controlled by
    veterans," after "small business concerns," the first place
    appearing in the first and second sentences.
      Subsec. (d)(3)(A). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 803(2)(A)], inserted "small business concerns owned and
    controlled by service-disabled veterans," after "small business
    concerns owned and controlled by veterans," in two places.
      Subsec. (d)(3)(F). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 803(2)(B)], inserted "small business concern owned and
    controlled by service-disabled veterans," after "small business
    concern owned and controlled by veterans,".
      Subsec. (d)(4)(D). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 803(3)], inserted "small business concerns owned and
    controlled by service-disabled veterans," after "small business
    concerns owned and controlled by veterans,".
      Pub. L. 106-554, Sec. 1(a)(9) [title VI, Sec. 615(b)], inserted
    "qualified HUBZone small business concerns," after "small business
    concerns,".
      Subsec. (d)(4)(E), (6)(A), (C), (F), (10)(B). Pub. L. 106-554,
    Sec. 1(a)(9) [title VIII, Sec. 803(3)], inserted "small business
    concerns owned and controlled by service-disabled veterans," after
    "small business concerns owned and controlled by veterans,".
      Subsec. (e)(1)(A). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(c)(1)], substituted "publish" for "furnish for publication
    by the Secretary of Commerce" in concluding provisions.
      Subsec. (e)(2). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(c)(2)], added par. (2) and struck out former par. (2)
    which read as follows: "The Secretary of Commerce shall publish
    promptly in the Commerce Business Daily each notice required by
    paragraph (1)."
      Subsec. (e)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VIII,
    Sec. 810(c)(3)], substituted "publish a notice of solicitation" for
    "furnish a notice to the Secretary of Commerce" in introductory
    provisions and struck out "by the Secretary of Commerce" after
    "notice is published" in subpar. (A).
      Subsec. (m). Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Sec.
    811], added subsec. (m).
      Subsec. (n). Pub. L. 106-554, Sec. 1(a)(8) [Sec. 2], added
    subsec. (n).
      1999 - Subsec. (d)(1). Pub. L. 106-50, Sec. 501(a), inserted
    "small business concerns owned and controlled by service-disabled
    veterans," after "small business concerns," in two places.
      Subsec. (d)(3)(A). Pub. L. 106-50, Sec. 501(b)(1), inserted
    "small business concerns owned and controlled by veterans," after
    "small business concerns," in two places.
      Subsec. (d)(3)(E). Pub. L. 106-50, Sec. 501(b)(2), added subpar.
    (E). Former subpar. (E) redesignated (F).
      Subsec. (d)(3)(F). Pub. L. 106-50, Sec. 501(b)(2), (3),
    redesignated subpar. (E) as (F) and inserted "small business
    concern owned and controlled by veterans," after "small business
    concern,". Former subpar. (F) redesignated (G).
      Subsec. (d)(3)(G). Pub. L. 106-50, Sec. 501(b)(2), redesignated
    subpar. (F) as (G).
      Subsec. (d)(4)(D), (E), (6)(A), (C), (F), (10)(B). Pub. L. 106-
    50, Sec. 501(c), inserted "small business concerns owned and
    controlled by veterans," after "small business concerns," the first
    place appearing.
      Subsec. (l). Pub. L. 106-50, Sec. 303(a), added subsec. (l).
      1997 - Subsec. (b)(16). Pub. L. 105-135, Sec. 708(3), struck out
    the par. (16) added by Pub. L. 100-590, Sec. 127(b). See 1988
    Amendment note below.
      Subsec. (b)(17). Pub. L. 105-135, Sec. 708, added par. (17).
      Subsec. (d)(1). Pub. L. 105-135, Sec. 603(a)(1)(B), inserted
    "qualified HUBZone small business concerns," after "small business
    concerns," in second sentence.
      Pub. L. 105-135, Sec. 603(a)(1)(A), which directed substitution
    of ", qualified HUBZone small business concerns, small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals" for ",, small business concerns owned
    and controlled by socially and economically disadvantaged
    individuals" in first sentence, was executed by making the
    substitution for ", small business concerns owned and controlled by
    socially and economically disadvantaged individuals" to reflect the
    probable intent of Congress and the amendment by Pub. L. 104-106,
    Sec. 4321(c)(1)(A). See 1996 Amendment note below.
      Subsec. (d)(3)(A). Pub. L. 105-135, Sec. 603(a)(2)(A), inserted
    "qualified HUBZone small business concerns," after "small business
    concerns," in two places.
      Subsec. (d)(3)(F). Pub. L. 105-135, Sec. 603(a)(2)(B), added
    subpar. (F).
      Subsec. (d)(4)(E). Pub. L. 105-135, Sec. 603(a)(3), substituted
    "small business concerns, qualified HUBZone small business
    concerns, and" for "small business concerns and" after
    "opportunities for".
      Subsec. (d)(4)(G). Pub. L. 105-135, Sec. 415, added subpar. (G).
      Subsec. (d)(6). Pub. L. 105-135, Sec. 603(a)(4), inserted
    "qualified HUBZone small business concerns," after "small business
    concerns," wherever appearing.
      Subsec. (d)(10)(B). Pub. L. 105-135, Sec. 603(a)(5), inserted
    "qualified HUBZone small business concerns," after "small business
    concerns,".
      Subsec. (e)(1)(C). Pub. L. 105-135, Sec. 416(c), substituted
    "$100,000" for "$25,000" in two places.
      Subsec. (g)(1). Pub. L. 105-85 added subpar. (A), redesignated
    subpars. (C) to (H) as (B) to (G), respectively, and struck out
    former subpars. (A) and (B) which read as follows:
      "(A) the proposed procurement is for an amount not greater than
    the simplified acquisition threshold and is to be made through a
    system with interim FACNET capability certified pursuant to section
    426a(a)(1) of title 41 or with full FACNET capability certified
    pursuant to section 426a(a)(2) of title 41;
      "(B)(i) the proposed procurement is for an amount not greater
    than $250,000 and is to be made through a system with full FACNET
    capability certified pursuant to section 426a(a)(2) of title 41;
    and
      "(ii) a certification has been made pursuant to section 426a(b)
    title 41 that Government-wide FACNET capability has been
    implemented;".
      Subsec. (k). Pub. L. 105-135, Sec. 416(a), added subsec. (k).
      1996 - Subsec. (d)(1). Pub. L. 104-106, Sec. 4321(c)(1)(A),
    substituted "that small business concerns," for "that small
    business concerns,,".
      Subsec. (d)(6)(C). Pub. L. 104-106, Sec. 4321(c)(1)(B),
    substituted ", small business concerns owned and controlled by
    socially and economically disadvantaged individuals, and small
    business concerns owned and controlled by women" for "and small
    business concerns owned and controlled by the socially and
    economically disadvantaged individuals".
      Subsec. (f)(5). Pub. L. 104-106, Sec. 4321(c)(2), inserted "and"
    at end.
      1994 - Subsec. (b)(1)(A). Pub. L. 103-403, Sec. 407, inserted
    "including information on the benefits and risks of franchising,"
    after "small-business enterprises," in first sentence.
      Pub. L. 103-403, Sec. 401(a)(1), repealed amendments made by Pub.
    L. 98-362, Sec. 5(a), effective Sept. 30, 2003. Amendment by Pub.
    L. 98-362, Sec. 5(a)(2), previously repealed effective Oct. 1,
    1994, by section 7(b) of Pub. L. 98-362, as amended. See Effective
    and Termination Dates of 1984 Amendments notes below.
      Subsec. (b)(1)(G). Pub. L. 103-403, Sec. 415, substituted "this
    chapter and to carry out the activities authorized by title IV of
    the Women's Business Ownership Act of 1988" for "this paragraph".
      Subsec. (d)(1). Pub. L. 103-355, Sec. 7106(b)(1), substituted ",
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women" for "and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals" in two places.
      Subsec. (d)(2)(A). Pub. L. 103-355, Sec. 4404(b), substituted
    "simplified acquisition threshold" for "small purchase threshold".
      Subsec. (d)(3)(A). Pub. L. 103-355, Sec. 7106(b)(1), substituted
    ", small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women" for "and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals" in two places.
      Subsec. (d)(3)(D), (E). Pub. L. 103-355, Sec. 7106(b)(2), (3),
    added subpars. (D) and (E) and struck out former subpar. (D) which
    read as follows: " 'Contractors acting in good faith may rely on
    written representations by their subcontractors regarding their
    status as either a small business concern or a small business
    concern owned and controlled by socially and economically
    disadvantaged individuals.' "
      Subsec. (d)(4)(D). Pub. L. 103-355, Sec. 7106(b)(1), substituted
    ", small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women" for "and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals".
      Subsec. (d)(4)(E). Pub. L. 103-355, Sec. 7106(b)(4), inserted
    "and for small business concerns owned and controlled by women"
    after "(3) of this subsection".
      Subsec. (d)(6)(A). Pub. L. 103-355, Sec. 7106(b)(1), substituted
    ", small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women" for "and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals".
      Subsec. (d)(6)(C). Pub. L. 103-355, Sec. 7106(b)(1), which
    directed that subpar. (C) be amended by substituting ", small
    business concerns owned and controlled by socially and economically
    disadvantaged individuals, and small business concerns owned and
    controlled by women" for "and small business concerns owned and
    controlled by socially and economically disadvantaged individuals",
    could not be executed because the words "and small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals" did not appear in subpar. (C).
      Subsec. (d)(6)(F), (10)(B). Pub. L. 103-355, Sec. 7106(b)(1),
    substituted ", small business concerns owned and controlled by
    socially and economically disadvantaged individuals, and small
    business concerns owned and controlled by women" for "and small
    business concerns owned and controlled by socially and economically
    disadvantaged individuals".
      Subsec. (e)(1). Pub. L. 103-355, Sec. 4202(d)(1)(A), substituted
    "$25,000" for "the small purchase threshold" wherever appearing.
      Subsec. (e)(3)(B). Pub. L. 103-355, Sec. 4202(d)(1)(B), inserted
    "in the case of a contract or order estimated to be greater than
    the simplified acquisition threshold," after "(B)".
      Subsec. (f)(6). Pub. L. 103-355, Sec. 4202(d)(2), added par. (6).
      Subsec. (g)(1)(A) to (E). Pub. L. 103-355, Sec. 4202(d)(3)(A),
    (B), added subpars. (A) and (B) and redesignated former subpars.
    (A) to (C) as (C) to (E), respectively. Former subpars. (D) and (E)
    redesignated (F) and (G), respectively.
      Subsec. (g)(1)(F). Pub. L. 103-355, Sec. 4202(d)(3)(A),
    redesignated subpar. (D) as (F). Former subpar. (F) redesignated
    (H).
      Pub. L. 103-355, Sec. 1055(b)(2), added subpar. (F).
      Subsec. (g)(1)(G), (H). Pub. L. 103-355, Sec. 4202(d)(3)(A),
    redesignated subpars. (E) and (F) as (G) and (H), respectively.
      1992 - Subsec. (a). Pub. L. 102-366, Sec. 232(a)(1)-(5),
    substituted semicolon for period at end of par. (1)(B), "; and" for
    period at end of par. (1)(C), "to subparagraph (A)" for "to (A)" in
    par. (6)(C)(i), "636(j)(10)(G)" for "636(j)(10)(H)" in par.
    (6)(C)(ii), and "to subparagraph (D)" for "to (D)" in par. (12)(E).
      Subsec. (b)(1)(E) to (G). Pub. L. 102-564, Sec. 304, added
    subpar. (E) and redesignated former subpars. (E) and (F) as (F) and
    (G), respectively.
      Subsec. (c). Pub. L. 102-366, Sec. 232(a)(7), designated subsec.
    (c) as reserved. Former subsec. (c) redesignated (d).
      Subsec. (d). Pub. L. 102-366, Sec. 232(a)(6), (8), redesignated
    subsec. (c) as (d) and substituted "imposition" for "impositon" in
    par. (4)(F)(ii). Former subsec. (d) redesignated (e).
      Subsec. (d)(11), (12). Pub. L. 102-564, Sec. 303(a), redesignated
    par. (12) as (11) and struck out former par. (11) which read as
    follows: "At the conclusion of each fiscal year, the Administration
    shall submit to the Senate Select Committee on Small Business and
    the Committee on Small Business of the House of Representatives a
    report on subcontracting plans found acceptable by any Federal
    agency which the Administration determines do not contain maximum
    practicable opportunities for small business concerns and small
    business concerns owned and controlled by socially and economically
    disadvantaged individuals to participate in the performance of
    contracts described in this subsection."
      Subsecs. (e) to (g). Pub. L. 102-366, Sec. 232(a)(6),
    redesignated subsecs. (d) to (f) as (e) to (g), respectively.
    Former subsec. (g) redesignated (h).
      Subsec. (h). Pub. L. 102-366, Sec. 232(a)(6), (9), redesignated
    subsec. (g) as (h) and substituted "Administrative" for
    "Administration" in par. (2). Former subsec. (h) redesignated (i).
      Subsecs. (i), (j). Pub. L. 102-366, Sec. 232(a)(6), redesignated
    subsecs. (h) and (i) as (i) and (j), respectively.
      1991 - Subsec. (c). Pub. L. 102-191 redesignated subsec. (d) as
    (c) and struck out former subsec. (c) which related to management
    and technical assistance for small businesses owned by women. See
    section 656 of this title.
      Subsec. (d). Pub. L. 102-191 redesignated subsec. (e) as (d).
    Former subsec. (d) redesignated (c).
      Subsec. (d)(12). Pub. L. 102-190 added par. (12).
      Subsecs. (e) to (j). Pub. L. 102-191, which directed the
    redesignation of subsecs. (e) to (j) as (d) to (k), was executed by
    redesignating subsecs. (e) to (j) as (d) to (i), respectively, to
    reflect the probable intent of Congress.
      1990 - Subsec. (a)(1). Pub. L. 101-574, Sec. 207(2), struck out
    after subpar. (C) "No contract may be entered into under
    subparagraph (B) after September 30, 1988."
      Subsec. (a)(1)(B). Pub. L. 101-574, Sec. 207(1), (3),
    redesignated subpar. (C) as (B) and struck out former subpar. (B)
    which read as follows: "to enter into contracts with such agency as
    shall be designated by the President, to furnish articles,
    equipment, supplies, services, or materials, or to perform
    construction work for such agency. In any case in which the
    Administration certifies to any officer of such agency having
    procurement powers that the Administration is competent and
    responsible to perform any specific procurement contract to be let
    by any such officer, such officer shall let such procurement
    contract to the Administration upon such terms and conditions as
    may be agreed upon between the Administration and the procurement
    officer. If the Administration and such procurement officer fail to
    agree on such terms and conditions, either the Administration or
    such officer shall promptly notify, in writing, the head of such
    agency. The head of such agency shall have five days (exclusive of
    Saturdays, Sundays, and legal holidays) to establish the terms and
    conditions upon which such procurement contract may be let to the
    Administration, and shall communicate in writing to the
    Administration the terms and conditions so established. Within five
    days (exclusive of Saturdays, Sundays, and legal holidays) after
    the receipt of such written communication, the Administration shall
    decide whether to perform such procurement contract or withdraw its
    prior certification that the Administration is competent and
    responsible to perform such contract; and".
      Subsec. (a)(1)(C). Pub. L. 101-574, Sec. 207(4), added subpar.
    (C). Former subpar. (C) redesignated (B).
      Subsec. (a)(4)(A)(i)(II), (ii)(II). Pub. L. 101-574, Sec. 204(b),
    inserted "(or a wholly owned business entity of such tribe)" after
    "tribe".
      Subsec. (a)(17)(B)(iv). Pub. L. 101-574, Sec. 210, amended cl.
    (iv) generally. Prior to amendment, cl. (iv) read as follows:
    "represent that it will supply the product of a domestic small
    business manufacturer or processor, except that, the Administrator
    may waive the application of the clause, as it pertains to the
    furnishing of a product manufactured or processed by a small
    business, for any class of products for which there are no small
    business manufacturers or processors in the Federal market."
      Subsec. (d)(2)(A). Pub. L. 101-510, Sec. 806(e)(2)(A),
    substituted "the small purchase threshold" for "$10,000".
      Subsec. (e)(1)(A). Pub. L. 101-510, Sec. 806(e)(2)(B), inserted
    "or" at end of subcl. (i), substituted a comma for "; or" at end of
    subcl. (ii), substituted "the small purchase threshold" for
    "$25,000" in subcls. (i) and (ii), and struck out subcl. (iii)
    which read as follows: "solicit bids or proposals for a contract
    for property or services for a price expected to exceed $10,000, if
    there is not a reasonable expectation that at least two offers will
    be received from responsive and responsible offerors,".
      Subsec. (e)(1)(B), (C). Pub. L. 101-510, Sec. 806(e)(2)(B)(i),
    substituted "the small purchase threshold" for "$25,000" wherever
    appearing.
      Subsec. (g)(1). Pub. L. 101-574, Sec. 244, substituted
    "subsection (e)(1)" for "subsection (a)(1)".
      1989 - Subsec. (a)(1)(D)(i). Pub. L. 101-37, Sec. 10(c),
    substituted "Program Participants" for "program participants".
      Subsec. (a)(4)(A)(i). Pub. L. 101-37, Sec. 6(d)(1), inserted
    "unconditionally" after "per centum".
      Subsec. (a)(4)(A)(ii). Pub. L. 101-37, Sec. 6(d)(2), inserted
    "unconditionally" after "which is".
      Subsec. (a)(6)(C). Pub. L. 101-37, Sec. 7(b), which directed
    substitution of "636(j)(10)(G)" for "636(j)(10)(H)" in cl. (iii),
    could not be executed because there was no cl. (iii). See 1992
    Amendment note above.
      Subsec. (a)(9). Pub. L. 101-37, Sec. 17, substituted
    "Administration" for "Administrator" in subpar. (A), "section
    636(j)(10)(G) of this title" for "section 636(j)(10)(H) of this
    title" in subpar. (B)(iii), and "Administration's" for
    "Administrator's" in subpar. (C).
      Subsec. (a)(15). Pub. L. 101-37, Sec. 6(b), substituted
    "Organization" for "organizations".
      Subsec. (a)(17)(B)(ii) to (iv). Pub. L. 101-37, Sec. 10(e), added
    cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and
    (iv), respectively.
      Subsec. (a)(18)(A). Pub. L. 101-37, Sec. 12, struck out
    "certified" before "during such person's term".
      Subsec. (a)(19)(B). Pub. L. 101-37, Sec. 13, struck out ",
    imposed by the Administrator," after "disciplinary action".
      Subsec. (a)(20)(A). Pub. L. 101-37, Sec. 14, substituted
    "Business Opportunity Specialist" for "business opportunity
    specialist".
      Subsec. (a)(21). Pub. L. 101-37, Sec. 16, in subpar. (B) struck
    out discretionary authority of the Administrator and preconditions
    respecting request prior to relinquishment of ownership or control
    in introductory provisions, added subpar. (C), and redesignated
    former subpars. (C) and (D) as (D) and (E), respectively.
      Subsec. (b)(1)(A). Pub. L. 101-162 amended last sentence
    generally, substituting "the Administration shall ensure that it
    receives appropriate recognition in all cosponsored printed
    materials, whether the participant is a profit making concern or a
    governmental agency or public official" for "that the
    Administration is given primary recognition in all cosponsored
    printed materials, whether the participant is a profit-making
    concern or a governmental agency or official".
      1988 - Subsec. (a)(1)(A). Pub. L. 100-656, Sec. 303(d), inserted
    provisions authorizing Administration appeal from procurement
    officer's adverse decisions and providing for decision by the
    Secretary or agency head on the appeal.
      Subsec. (a)(1)(D). Pub. L. 100-656, Sec. 303(b), added subpar.
    (D).
      Subsec. (a)(3). Pub. L. 100-656, Sec. 303(e), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "Any small
    business concern selected by the Administration to perform any
    Federal Government procurement contract to be let pursuant to this
    subsection shall, when practicable, participate in any negotiation
    of the terms and conditions of such contract."
      Subsec. (a)(4). Pub. L. 100-656, Sec. 207(c), amended par. (4)
    generally, in subpar. (A)(i) adding subcl. (III), in subpar.
    (A)(ii) adding subcl. (III), and in subpar. (B) adding cl. (iii).
      Subsec. (a)(4)(C). Pub. L. 100-656, Sec. 209(b), added subpar.
    (C).
      Subsec. (a)(6). Pub. L. 100-656, Sec. 209(a), designated existing
    provisions as subpar. (A) and added subpars. (B) to (E).
      Subsec. (a)(7). Pub. L. 100-656, Sec. 303(g), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (a)(9). Pub. L. 100-656, Sec. 409, amended par. (9)
    generally. Prior to amendment, par. (9) read as follows: "Within
    ninety days after the effective date of this paragraph, the
    Administration shall publish in the Federal Register rules setting
    forth those conditions or circumstances pursuant to which a firm
    previously deemed eligible by the Administration may be denied
    assistance under the provisions of this subsection: Provided, That
    no such firm shall be denied total participation in any program
    conducted under the authority of this subsection without first
    being afforded a hearing on the record in accordance with chapter 5
    of title 5."
      Subsec. (a)(10). Pub. L. 100-656, Sec. 201(b), inserted sentence
    at end requiring such program to make a sustained and substantial
    effort to solicit applications for certification from small
    business concerns located in areas of concentrated unemployment or
    underemployment.
      Subsec. (a)(12). Pub. L. 100-656, Sec. 501, amended par. (12)
    generally. Prior to amendment, par. (12) read as follows: "To the
    maximum extent practicable the Associate Administrator for Minority
    Small Business and Capital Ownership Development shall submit, no
    less frequently than annually, a yearly estimate of the dollar
    amounts and types of contracts required for the efficient use of
    any program conducted under the authority of this subsection, to
    each agency which may participate in such program."
      Subsec. (a)(15). Pub. L. 100-656, Sec. 207(a), added par. (15).
      Subsec. (a)(16). Pub. L. 100-656, Sec. 303(c), added par. (16).
      Subsec. (a)(17). Pub. L. 100-656, Sec. 303(h), added par. (17).
      Subsec. (a)(18). Pub. L. 100-656, Sec. 402, added par. (18).
      Subsec. (a)(19). Pub. L. 100-656, Sec. 403, added par. (19).
      Subsec. (a)(20). Pub. L. 100-656, Sec. 404, added par. (20).
      Subsec. (a)(21). Pub. L. 100-656, Sec. 407, added par. (21).
      Subsec. (b)(1)(A). Pub. L. 100-590, Sec. 131(b), inserted "that
    any Administration program participating in such cosponsored
    activities receives appropriate recognition and publicity, and" in
    provisions preceding cl. (i), inserted ", executed on behalf of the
    agency by an employee of the agency in Washington, District of
    Columbia, and who shall also approve, in advance, any printed
    materials to be distributed at the conference," in cl. (1), and
    inserted provisions at end which authorized Administration, in case
    of cosponsored activities, to ensure that cooperation does not
    constitute endorsement or give undue recognition to public official
    or agency, and that Administration is given primary recognition in
    all cosponsored printed materials.
      Subsec. (b)(16). Pub. L. 100-533, Sec. 202, and Pub. L. 100-590,
    Sec. 127(b), made identical amendments adding par. (16).
      Subsec. (c). Pub. L. 100-590, Sec. 127(a), amended subsec. (c)
    generally, inserting provisions substantially identical to
    provisions contained in prior general amendment by Pub. L. 100-533,
    Sec. 201.
      Pub. L. 100-533, Sec. 201, amended subsec. (c) generally. Prior
    to amendment, subsec. (c) read as follows: "The Administration
    shall from time to time make studies of matters materially
    affecting the competitive strength of small business, and of the
    effect on small business of Federal laws, programs, and
    regulations, and shall make recommendations to the appropriate
    Federal agency or agencies for the adjustment of such programs and
    regulations to the needs of small business."
      Subsec. (d)(4)(F). Pub. L. 100-656, Sec. 304(a), added subpar.
    (F).
      1987 - Subsec. (a)(14)(B), (C). Pub. L. 100-26, Sec. 10(b)(3),
    substituted "section 644(o)" for "section 644(n)".
      1986 - Subsec. (a)(1). Pub. L. 99-567, Sec. 2, substituted
    provision that no contract may be entered into under subpar. (B)
    after Sept. 30, 1988, for provision that no such contract could be
    entered into prior to Oct. 1, 1983, nor after Sept. 30, 1985, in
    closing provisions.
      Subsec. (a)(1)(A). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
    [Sec. 921(b)(2)], Pub. L. 99-661, Sec. 921(b)(2), amended subpar.
    (A) identically, inserting provision that a contract not be awarded
    if the award would result in a cost to the awarding agency which
    exceeds a fair market price.
      Subsec. (a)(1)(B). Pub. L. 99-567, Sec. 1(a), struck out "(other
    than the Department of Defense or any component thereof)" after
    "contracts with such agency".
      Subsec. (a)(2). Pub. L. 99-567, Sec. 3, substituted provision
    that the authority to waive bonds as provided in par. (2) may not
    be exercised after Sept. 30, 1988, for provision that such
    authority could not be exercised prior to Oct. 1, 1983, nor after
    Sept. 30, 1985, in closing provisions.
      Subsec. (a)(4). Pub. L. 99-272, Sec. 18015(b), in amending par.
    (4) generally, included economically disadvantaged Indian tribe
    within definition of "socially and economically disadvantaged small
    business concern".
      Subsec. (a)(6). Pub. L. 99-272, Sec. 18015(c), inserted provision
    enumerating factors to be considered by the Administration in
    determining the economic disadvantage of an Indian tribe.
      Subsec. (a)(13). Pub. L. 99-272, Sec. 18015(d), added par. (13).
      Subsec. (a)(14). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
    [Sec. 921(c)(1)], Pub. L. 99-661, Sec. 921(c)(1), amended subsec.
    (a) identically, adding par. (14).
      Subsec. (e)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
    [Sec. 921(a)], Pub. L. 99-661, Sec. 921(a), amended par. (1)
    identically, in subpar. (A) substituting "$25,000" for "$10,000" in
    cls. (i) and (ii), adding cl. (iii), and in provision following cl.
    (iii) substituting "subsection (f) of this section" for "subsection
    (b) of this section", adding subpar. (B), and redesignating former
    subpar. (B) as (C).
      Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
    922(d)], Pub. L. 99-661, Sec. 922(d), amended subsec. (f)
    identically, substituting "subparagraph (A) or (B) of subsection
    (e)(1) of this section" for "subsection (e)(1)(A) of this section"
    in provisions preceding par. (1).
      1984 - Subsec. (b)(1)(A). Pub. L. 98-362, Sec. 5(a)(2), which
    inserted provisions at end of subpar. (A) relating to providing of
    assistance through cooperation of cosponsors, and provisions
    respecting activities of the Administration related to furnishing
    of assistance by cosponsors, was repealed effective Oct. 1, 1994,
    by Pub. L. 98-362, Sec. 7(b), as amended, and effective Sept. 30,
    2003, by Pub. L. 103-403, Sec. 401(a), as amended. See Effective
    and Termination Dates of 1984 Amendments notes below.
      Pub. L. 98-362, Sec. 5(a)(1), which inserted "computer security,"
    after "wage incentives,", was repealed effective Sept. 30, 2003, by
    Pub. L. 103-403, Sec. 401(a), as amended. See Effective and
    Termination Dates of 1984 Amendments note below.
      Subsec. (b)(7)(C). Pub. L. 98-577, Sec. 401, inserted
    "Notwithstanding the first sentence of this subparagraph, the
    Administration may not establish an exemption from referral or
    notification or refuse to accept a referral or notification from a
    Government procurement officer made pursuant to subparagraph (A) or
    (B) of this paragraph, but nothing in this paragraph shall require
    the processing of an application for certification if the small
    business concern to which the referral pertains declines to have
    the application processed."
      Subsec. (d)(1). Pub. L. 98-577, Sec. 402(a), inserted ",
    including contracts and subcontracts for subsystems, assemblies,
    components, and related services for major systems. It is further
    the policy of the United States that its prime contractors
    establish procedures to ensure the timely payment of amounts due
    pursuant to the terms of their subcontracts with small business
    concerns and small business concerns owned and controlled by
    socially and economically disadvantaged individuals".
      Subsec. (d)(3)(A). Pub. L. 98-577, Sec. 402(b), inserted ",
    including contracts and subcontracts for subsystems, assemblies,
    components, and related services for major systems. It is further
    the policy of the United States that its prime contractors
    establish procedures to ensure the timely payment of amounts due
    pursuant to the terms of their subcontracts with small business
    concerns and small business concerns owned and controlled by
    socially and economically disadvantaged individuals".
      Subsec. (e). Pub. L. 98-577, Sec. 404(a), added subsec. (e).
    Former subsec. (e), which related to notice and publication of
    procurement actions, exceptions, departmental procedures, contents
    of notice, sole source contracts and unsolicited proposals, was
    struck out.
      Subsecs. (f) to (j). Pub. L. 98-577 added subsecs. (f) to (j).
      1983 - Subsec. (a)(1). Pub. L. 98-47, Sec. 2, substituted
    provision that no contract may be entered into under subpar. (B)
    prior to Oct. 1, 1983, nor after Sept. 30, 1985, for provision that
    such contracts may not be entered into after Sept. 30, 1981.
      Subsec. (a)(1)(B). Pub. L. 98-47, Sec. 1(a), substituted "(other
    than the Department of Defense or any component thereof) as shall
    be designated by the President" for ", as shall be designated by
    the President within 60 days after the effective date of this
    paragraph".
      Subsec. (a)(2). Pub. L. 98-47, Sec. 3, substituted provision that
    the authority to waive bonds as provided in par. (2) may not be
    exercised prior to Oct. 1, 1983, nor after Sept. 30, 1985, for
    provision that par. (2) shall not apply after Sept. 30, 1981.
      Subsec. (e). Pub. L. 98-72 amended subsec. (e) generally,
    designating existing provisions as par. (1) and in par. (1) as so
    designated substituting: "It shall be the duty of the Secretary of
    Commerce, and the Secretary is hereby empowered, to obtain notice
    of all proposed competitive and noncompetitive civilian and defense
    procurement actions of $10,000 and above from any Federal
    department, establishment or agency (hereinafter in this subsection
    referred to as 'department') engaged in procurement of property,
    supplies, and services in the United States; and to publicize such
    notices in the daily publication Commerce Business Daily,
    immediately after the necessity for the procurement is established:
    Provided, That nothing in this paragraph shall require publication
    of such notices with respect to those procurements in which it is
    determined on a case-by-case basis that (A) the procurement for
    security reasons is of a classified nature; (B) the Federal
    department's need for the property, supplies, or services is of
    such unusual and compelling urgency that the Government would be
    seriously injured if the time periods provided for in paragraph (2)
    were complied with; (C) a foreign government reimburses the Federal
    department for the cost of the procurement of the property,
    supplies, or services for such government and only one source is
    available, or the terms of an international agreement or treaty
    between the United States and a foreign government authorize or
    require that all such procurement shall be from sources specified
    within such international agreement or treaty; (D) the procurement
    is made from another Government department or agency, or a
    mandatory source of supply; (E) the procurement is for utility
    services and only one source is available; (F) the procurement is
    made against an order placed under a requirement or similar
    contract, including orders for perishable subsistence supplies; (G)
    the procurement results from acceptance of a proposal pursuant to
    the Small Business Innovation Development Act of 1982 or an
    unsolicited proposal that demonstrates a unique or innovative
    research concept and publication of such unsolicited proposal would
    improperly disclose the originality of thought or innovativeness of
    the proposed research; or (H) it is determined in writing by the
    head of the Federal department, with the concurrence of the
    Administrator, that advance notice is not appropriate or
    reasonable" for "It shall be the duty of the Secretary of Commerce,
    and he is empowered, to obtain notice of all proposed defense
    procurement actions of $10,000 and above, and all civilian
    procurement actions of $5,000 and above, from any Federal
    department, establishment, or agency engaged in procurement of
    supplies and services in the United States; and to publicize such
    notices in the daily publication 'United States Department of
    Commerce Synopsis of the United States Government Proposed
    Procurements, Sales, and Contract Awards', immediately after the
    necessity for the procurement is established; except that nothing
    herein shall require publication of such notices with respect to
    those procurements (1) which for security reasons are of a
    classified nature, or (2) which involve perishable subsistence
    supplies, or (3) which are for utility services and the procuring
    agency in accordance with applicable law has predetermined the
    utility concern to whom the award will be made, or (4) which are of
    such unusual and compelling emergency that the Government would be
    seriously injured if bids or offers were permitted to be made more
    than 15 days after the issuance of the invitation for bids or
    solicitation for proposals, or (5) which are made by an order
    placed under an existing contract, or (6) which are made from
    another Government department or agency, or a mandatory source of
    supply, or (7) which are for personal or professional services, or
    (8) which are for services from educational institutions, or (9) in
    which only foreign sources are to be solicited, or (10) for which
    it is determined in writing by the procuring agency, with the
    concurrence of the Administrator, that advance publicity is not
    appropriate or reasonable", and adding pars. (2) to (6).
      1980 - Subsec. (a)(1), (2). Pub. L. 96-481, Sec. 101, substituted
    "September 30, 1981" for "September 30, 1980".
      Subsec. (a)(8). Pub. L. 96-481, Sec. 105, substituted provisions
    that all determinations may pursuant to par. (5) with respect to
    whether a group has been subjected to prejudice or bias shall be
    made by the Administrator after consultation with the Associate
    Administrator for Minority Small Business and Capital Ownership
    Development and that all other determinations made pursuant to (4),
    (5), (6), and (7) shall be made by the Associate Administrator for
    Minority Small Business and Capital Ownership Development under the
    supervision of, and responsible to the Administrator, for provision
    that all determinations made pursuant to pars. (4), (5), (6) and
    (7), shall be made by the Associate Administrator for Minority
    Small Business and Capital Ownership Development.
      Subsec. (d)(3)(C). Pub. L. 96-302 included in the presumption of
    being disadvantaged individuals Asian Pacific Americans.
      1978 - Subsec. (a). Pub. L. 95-507, Sec. 202(a), redesignated
    pars. (1) and (2) as (1)(A) and (C) and as redesignated inserted
    provision giving the Administration sole discretion in choosing
    procurement requirements from agencies or departments for use in
    the program, provided that the terms and conditions of the proposed
    contract are to be negotiated, made provision for the submission of
    stalemated matters for resolution, and added pars. (1)(B) and (2)
    to (12).
      Subsec. (b)(1). Pub. L. 95-510 substituted in subpar. (B)
    provisions relating to the establishment and implementation of
    volunteer programs for provisions relating to the use of office
    facilities etc., and the payment of transportation expenses and per
    diem allowances and added subpars. (C) to (F).
      Subsec. (d). Pub. L. 95-507, Sec. 211, substituted provisions
    relating to the performance of contracts by small business
    concerns, requiring, among other things, the inclusion of a
    specific contract clause in most Federal prime contracts, requiring
    as a condition of the solicitation of any offer of a Federal
    contract in excess of $500,000, the submission of a summary
    contract plan, and relating to incentives for small business
    subcontracting, contract eligibility, breach of contract or
    subcontract, administrative review of contract solicitation and
    subcontract planning, and relating to submission to congressional
    committees of a report on subcontracting plans for provisions
    relating generally to the small business subcontract program and
    regulations issued thereunder.
      1977 - Subsec. (b)(7). Pub. L. 95-89, in revising par. (7),
    incorporated existing introductory text in provisions designated
    subpar. (A) and substituted "with respect to all elements of
    responsibility, including, but not limited to, capability,
    competency, capacity, credit, integrity, perseverance, and
    tenacity, of any small business concern or group of such concerns
    to receive and perform a specific Government contract" for "with
    respect to the competency, as to capacity and credit, of any small-
    business concern or group of such concerns to perform a specific
    Government contract"; added subpar. (B); and incorporated existing
    end text in provisions designated subpar. (C), substituting therein
    "certified by the Administration pursuant to (A) or (B) to be a
    responsible or eligible Government contractor as to a specific
    Government contract" for "certified by or under the authority of
    the Administration to be a competent Government contractor with
    respect to capacity and credit as to a specific Government
    contract" and "shall let" and "other requirement of responsibility
    or eligibility" for "are authorized to let" and "other requirement
    with respect to capacity and credit".
      1970 - Subsec. (b)(15). Pub. L. 91-375 substituted "section 3204
    of title 39" for "section 4154 of title 39".
      1967 - Subsec. (b)(1)(B). Pub. L. 90-104, Sec. 105, designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (b)(13). Pub. L. 90-104, Sec. 106, substituted "advisory
    boards and committees" for "small business advisory boards and
    committees truly representative of small business", included
    achievement of purposes of the Small Business Investment Act of
    1958, and required the Administrator to call board and committee
    meetings, pay transportation expenses and per diem allowances, and
    rent temporarily necessary accommodations to facilitate conduct of
    meetings.
      Subsec. (b)(15). Pub. L. 90-104, Sec. 107, added par. (15).
      1966 - Subsec. (b)(1). Pub. L. 89-754 designated existing
    provisions as subpar. (A) and added subpar. (B).
      1964 - Subsec. (b)(14). Pub. L. 88-560 added par. (14).
      1961 - Subsec. (d). Pub. L. 87-305, Sec. 7, added subsec. (d).
      Subsec. (e). Pub. L. 87-305, Sec. 8, added subsec. (e).

                    TERMINATION DATE OF 2004 AMENDMENT                
      Amendment by section 132(b) of Pub. L. 108-447 repealed Oct. 1,
    2006, see section 132(c) Pub. L. 108-447, set out as a note under
    section 633 of this title.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 810(e)], Oct.
    30, 2000, 114 Stat. 1654, 1654A-210, provided that: "The amendments
    made by this section [amending this section and sections 416 and
    426 of Title 41, Public Contracts] shall take effect on October 1,
    2000. The amendments made by subsections (a), (b), and (c)
    [amending this section and section 416 of Title 41] shall apply
    with respect to solicitations issued on or after that date."

                     EFFECTIVE DATE OF 1997 AMENDMENTS                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.
      Amendment by Pub. L. 105-85 effective 180 days after Nov. 18,
    1997, see section 850(g) of Pub. L. 105-85, set out as a note under
    section 2302c of Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of Title 41, Public Contracts.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-37 applicable as if included in Pub. L.
    100-656, see section 32 of Pub. L. 101-37, set out as a note under
    section 631 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by sections 207(a), (c) and 303(d), (e) of Pub. L. 100-
    656 effective Nov. 15, 1988, see section 803(a) of Pub. L. 100-
    656, set out as a note under section 631 of this title.
      Amendment by sections 201(b), 303(c), (g), (h), 304(a), 402-404,
    and 409 of Pub. L. 100-656 effective Aug. 15, 1989, see section
    803(b)(1)(A)-(C) of Pub. L. 100-656, as amended, set out as a note
    under section 631 of this title.
      Amendment by section 407 of Pub. L. 100-656 effective with
    respect to contracts entered into on or after June 1, 1989, see
    section 803(b)(3) of Pub. L. 100-656, as amended, set out as a note
    under section 631 of this title.
      Amendment by sections 209 and 303(b) of Pub. L. 100-656 effective
    Oct. 1, 1989, see section 803(b)(4)(A), (B) of Pub. L. 100-656, as
    amended, set out as a note under section 631 of this title.

                     EFFECTIVE DATE OF 1987 AMENDMENT                 
      Amendment by section 10(b)(3) of Pub. L. 100-26 applicable as if
    included in each instance of the Defense Acquisition Improvement
    Act (as specified in section 2 of Pub. L. 100-26) [title X of
    section 101(c) of Pub. L. 99-500 and Pub. L. 99-591, and title IX
    of div. A of Pub. L. 99-661] when each was enacted [Oct. 18, 1986,
    Oct. 30, 1986, and Nov. 14, 1986, respectively], see section 12(c)
    of Pub. L. 100-26, set out as a note under section 632 of this
    title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by section 101(c) [title X, Sec. 921(b)(2), (c)(1)] of
    Pub. L. 99-500 and Pub. L. 99-591, and section 921(b)(2), (c)(1) of
    Pub. L. 99-661 effective Oct. 1, 1987, see section 101(c) of Pub.
    L. 99-500 and Pub. L. 99-591, and section 921(g) of Pub. L. 99-661,
    set out as a note under section 632 of this title.

            EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENTS        
      Section 401(a) of Pub. L. 103-403, as amended by Pub. L. 105-135,
    title V, Sec. 504, Dec. 2, 1997, 111 Stat. 2624; Pub. L. 106-554,
    Sec. 1(a)(9) [title V, Sec. 504(b)], Dec. 21, 2000, 114 Stat. 2763,
    2763A-696, provided that:
      "(1) Repeal. - The amendments made by section 5(a) of Small
    Business Computer Security and Education Act of 1984 [Pub. L. 98-
    362, amending this section] (15 U.S.C. 633 note) are hereby
    repealed.
      "(2) Effective date. - Paragraph (1) shall take effect on
    September 30, 2003."
      [Repeal by section 401(a) of Pub. L. 103-403, set out as a note
    above, effective Sept. 30, 1997, was not executed to reflect the
    probable intent of Congress and subsequent amendment by Pub. L. 105-
    135, changing the effective date to Sept. 30, 2000. Similarly,
    repeal effective Sept. 30, 2000, was not executed because of
    subsequent amendment by Pub. L. 106-554, changing the effective
    date to Sept. 30, 2003.]
      Amendment by section 5(a)(1), (2) of Pub. L. 98-362 effective
    Oct. 1, 1984, and amendment by section 5(a)(2) of Pub. L. 98-362
    repealed Oct. 1, 1994, see section 7 of Pub. L. 98-362, as amended,
    set out as a note under section 633 of this title.
      Section 404(b) of Pub. L. 98-577 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect
    with respect to any solicitation for bids or proposals issued after
    March 31, 1985."

                     EFFECTIVE DATE OF 1983 AMENDMENTS                 
      Section 1(b)(1), (2) of Pub. L. 98-72 provided that:
      "(1) Except as to the amendments made to section 8(e)(4) of the
    Small Business Act as added by section (a) of this Act [subsec.
    (e)(4) of this section], the amendments made by this Act [amending
    this section] shall apply to procurement actions initiated ninety
    days after the date of enactment of this Act [Aug. 11, 1983].
      "(2) The amendments made to section 8(e)(4) of the Small Business
    Act as added by section (a) of this Act shall apply to procurement
    actions initiated on or after October 1, 1983."
      Section 1(b) of Pub. L. 98-47 provided that: "The designation of
    an agency pursuant to the amendment made by subsection (a)
    [amending this section] shall be made not later than sixty days
    after the date of enactment of this Act [July 13, 1983]."

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-510 effective Oct. 1, 1979, see section
    105 of Pub. L. 95-510, set out as a note under section 634 of this
    title.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      For effective date of amendment by Pub. L. 91-375, see section
    15(a) of Pub. L. 91-375, set out as an Effective Date note
    preceding section 101 of Title 39, Postal Service.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Transfer to Director of ACTION [now Corporation for National and
    Community Service] of functions of Small Business Administration
    under subsec. (b) of this section insofar as they relate to
    individuals or groups of persons cooperating with it in the
    furtherance of purposes of this section, such individuals or groups
    of persons, in providing technical and managerial aids to small
    concerns, remaining subject to direction of Small Business
    Administration, see section 601 of Pub. L. 93-113, set out as a
    note under section 5041 of Title 42, The Public Health and Welfare,
    which superseded section 2(a)(3) of Reorg. Plan No. 1 of 1971, eff.
    July 1, 1971, 36 F.R. 11181, 85 Stat. 819, set out in the Appendix
    to Title 5, Government Organization and Employees.


-MISC2-
                                REGULATIONS                            
      Pub. L. 108-447, div. K, title I, Sec. 141(b), Dec. 8, 2004, 118
    Stat. 3454, provided that: "The Administration shall, not later
    than 180 days after the date of enactment of this Act [Dec. 8,
    2004], promulgate regulations to carry out the amendments made by
    subsection (a) [amending this section]."
      Pub. L. 106-50, Sec. 303(c), Aug. 17, 1999, 113 Stat. 243,
    provided that: "Not later than 30 days after the date of the
    enactment of this section [Aug. 17, 1999], the Administrator of the
    Small Business Administration shall issue such guidelines as the
    Administrator determines to be necessary to carry out this section
    [amending this section and enacting provisions set out as a note
    under this section] and the amendment made by this section."

             ENHANCED PUBLICITY DURING OPERATION ALLIED FORCE         
      Pub. L. 106-50, Sec. 303(b), Aug. 17, 1999, 113 Stat. 243,
    provided that: "For the duration of Operation Allied Force and for
    120 days thereafter, the Administration shall enhance its publicity
    of the availability of assistance provided pursuant to the
    amendment made by this section [amending this section], including
    information regarding the appropriate local office at which
    affected small businesses may seek such assistance."

                      FEDERAL ACQUISITION REGULATION                  
      Section 416(b) of Pub. L. 105-135 provided that: "The Federal
    Acquisition Regulation shall be amended to provide uniform
    implementation of the amendments made by this section [amending
    this section]."

               IMPLEMENTATION OF AMENDMENT BY PUB. L. 105-85           
      Section 850(e)(3) of Pub. L. 105-85 provided that: "The
    amendments made by paragraphs (1) and (2) [amending this section
    and section 416 of Title 41, Public Contracts] shall be implemented
    in a manner consistent with any applicable international
    agreements."

                   MOBILE RESOURCE CENTER PILOT PROGRAM               
      Section 406 of Pub. L. 103-403 provided that:
      "(a) Establishment. - The Administrator of the Small Business
    Administration may establish and carry out in each of fiscal years
    1995, 1996, and 1997 a mobile resource pilot program (hereafter in
    this section referred to as the 'program') in accordance with the
    requirements of this section.
      "(b) Mobile Resource Center Vehicles. - Under the program, the
    Administration may use mobile resource center vehicles to provide
    technical assistance, information, and other services available
    from the Small Business Administration to traditionally underserved
    populations. Two of such vehicles should be utilized in rural areas
    and 2 of such vehicles should be utilized in urban areas.
      "(c) Report to Congress. - If the Administrator conducts the
    program authorized in this section, the Administrator shall, not
    later than December 31, 1996, transmit to the Congress a report
    containing the results of such program, together with
    recommendations for appropriate legislative and administrative
    action.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated to carry out this section $900,000 for each of
    fiscal years 1995, 1996, and 1997, such sums to remain available
    until expended. Of such sums - 
        "(1) $800,000 may be made available for the purchase or lease
      of mobile resource center vehicles and operating expenses; and
        "(2) $100,000 may be made available for studies, startup
      expenses, and other administrative expenses."

               PROJECTS FUNDED PURSUANT TO FORMER PROVISIONS           
      Section 3 of Pub. L. 102-191 provided that: "Projects funded
    pursuant to the provisions of former subsection (c) [15 U.S.C.
    637(c)] shall be deemed to be funded under and shall be treated as
    if funded under section 28 of the Small Business Act [15 U.S.C.
    656], as added by section 2."

       TWO-YEAR RULE FOR ELIGIBILITY IN MINORITY SMALL BUSINESS AND
                   CAPITAL OWNERSHIP DEVELOPMENT PROGRAM
      Section 203 of Pub. L. 101-574 provided that:
      "(a) In General. - The Small Business Administration may
    prescribe a minimum period of time during which a prospective
    Program Participant must be in operation in order to meet the
    eligibility requirements of section 8(a)(7)(A) of the Small
    Business Act (15 U.S.C. 637(a)(7)(A)), only if the Administration
    provides a waiver of such minimum period as set forth in subsection
    (b).
      "(b) Waiver of Minimum Period of Operation. - (1) The
    Administration shall provide that any requirement it establishes
    regarding the period of time a prospective Program Participant must
    be in operation may be waived and, a prospective Program
    Participant, who otherwise meets the requirements of section
    8(a)(7)(A) of the Small Business Act [15 U.S.C. 637(a)(7)(A)],
    shall be considered to have demonstrated reasonable prospects for
    success, if - 
        "(A) the individual or individuals upon whom eligibility is to
      be based have substantial and demonstrated business management
      experience;
        "(B) the prospective Program Participant has demonstrated
      technical expertise to carry out its business plan with a
      substantial likelihood for success;
        "(C) the prospective Program Participant has adequate capital
      to carry out its business plan;
        "(D) the prospective Program Participant has a record of
      successful performance on contracts from governmental and
      nongovernmental sources in the primary industry category in which
      the prospective Program Participant is seeking Program
      certification; and
        "(E) the prospective Program Participant has, or can
      demonstrate its ability to timely obtain, the personnel,
      facilities, equipment, and any other requirements needed to
      perform such contracts.
      "(2) The authority to make the determination that a prospective
    Program Participant has demonstrated its potential for success by
    meeting the criteria specified in paragraph (1) of this subsection
    shall be made by the Administrator of the Small Business
    Administration, or a designee of such officer."

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

         CREDIT FOR INDIAN CONTRACTING IN MEETING CERTAIN MINORITY
                           SUBCONTRACTING GOALS
      For provisions that credit toward meeting a subcontracting goal
    specified in a Department of Defense contract in implementing
    subsec. (d) of this section may be given for work performed on
    Indian land or by certain Indian joint ventures, see section 2323a
    of Title 10, Armed Forces.

       TEST PROGRAM FOR NEGOTIATION OF COMPREHENSIVE SMALL BUSINESS
                           SUBCONTRACTING PLANS
      Section 402 of Pub. L. 101-574 provided that: "To facilitate
    participation in the test program for the negotiation of
    comprehensive small business subcontracting plans pursuant to
    section 834 of the National Defense Authorization Act for Fiscal
    Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1510) [set out
    below], subsection (d) of such section is hereby suspended for the
    period of the test program as specified in subsection (e) of such
    section."
      Pub. L. 101-189, div. A, title VIII, Sec. 834, Nov. 29, 1989, 103
    Stat. 1509, as amended by Pub. L. 102-484, div. A, title VIII, Sec.
    805, Oct. 23, 1992, 106 Stat. 2447; Pub. L. 103-355, title VII,
    Sec. 7103, Oct. 13, 1994, 108 Stat. 3368; Pub. L. 104-106, div. A,
    title VIII, Sec. 811, Feb. 10, 1996, 110 Stat. 394; Pub. L. 105-85,
    div. A, title VIII, Sec. 822, Nov. 18, 1997, 111 Stat. 1840; Pub.
    L. 106-65, div. A, title VIII, Sec. 817, Oct. 5, 1999, 113 Stat.
    712; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1087(g)(1)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-293; Pub. L. 108-375, div. A,
    title VIII, Sec. 843, Oct. 28, 2004, 118 Stat. 2019, provided that:
      "(a) Test Program. - (1) The Secretary of Defense shall establish
    a test program under which contracting activities in the military
    departments and the Defense Agencies are authorized to undertake
    one or more demonstration projects to determine whether the
    negotiation and administration of comprehensive subcontracting
    plans will reduce administrative burdens on contractors while
    enhancing opportunities provided under Department of Defense
    contracts for small business concerns and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals. In selecting the contracting activities to undertake
    demonstration projects, the Secretary shall take such action as is
    necessary to ensure that a broad range of the supplies and services
    acquired by the Department of Defense are included in the test
    program.
      "(2) In developing the test program, the Secretary of Defense
    shall - 
        "(A) consult with the Administrator of the Small Business
      Administration; and
        "(B) provide an opportunity for public comment on the test
      program.
      "(b) Comprehensive Small Business Subcontracting Plan. - (1) In a
    demonstration project under the test program, the Secretary of a
    military department or head of a Defense Agency shall negotiate,
    monitor, and enforce compliance with a comprehensive subcontracting
    plan with a Department of Defense contractor described in paragraph
    (3).
      "(2) The comprehensive subcontracting plan of a contractor - 
        "(A) shall apply to the entire business organization of the
      contractor or to one or more of the contractor's divisions or
      operating elements, as specified in the subcontracting plan; and
        "(B) shall cover each Department of Defense contract that is
      entered into by the contractor and each subcontract that is
      entered into by the contractor as the subcontractor under a
      Department of Defense contract.
      "(3) A Department of Defense contractor referred to in paragraph
    (1) is, with respect to a comprehensive subcontracting plan
    negotiated in any fiscal year, a business concern that, during the
    immediately preceding fiscal year, furnished the Department of
    Defense with supplies or services (including professional services,
    research and development services, and construction services)
    pursuant to at least three Department of Defense contracts having
    an aggregate value of at least $5,000,000.
      "(c) Waiver of Certain Small Business Act Subcontracting Plan
    Requirements. - A Department of Defense contractor is not required
    to negotiate or submit a subcontracting plan under paragraph (4) or
    (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d))
    with respect to a Department of Defense contract if - 
        "(1) the contractor has negotiated a comprehensive
      subcontracting plan under the test program that includes the
      matters specified in section 8(d)(6) of the Small Business Act
      (15 U.S.C. 637(d)(6));
        "(2) such matters have been determined acceptable by the
      Secretary of the military department or head of a Defense Agency
      negotiating such comprehensive subcontracting plan; and
        "(3) the comprehensive subcontracting plan applies to the
      contract.
      "(d) Failure To Make a Good Faith Effort To Comply With a Company-
    wide Subcontracting Plan. - A contractor that has negotiated a
    comprehensive subcontracting plan under the test program shall be
    subject to section 8(d)(4)(F) of the Small Business Act (15 U.S.C.
    637(d)(4)(F)) regarding the assessment of liquidated damages for
    failure to make a good faith effort to comply with its company-wide
    plan and the goals specified in that plan.
      "(e) Test Program Period. - The test program authorized by
    subsection (a) shall begin on October 1, 1990, unless Congress
    adopts a resolution disapproving the test program. The test program
    shall terminate on September 30, 2010.
      "(f) Report. - (1) Not later than March 1, 1994, the Secretary of
    Defense shall submit a report on the results of the test program to
    the Committees on Armed Services and on Small Business of the
    Senate and the House of Representatives [Committee on Small
    Business of Senate now Committee on Small Business and
    Entrepreneurship of Senate].
      "(2) Before submitting such report to the committees referred to
    in paragraph (1), the Secretary shall transmit the proposed report
    to the Administrator of the Small Business Administration. The
    report submitted to the committees shall include any comments and
    recommendations relating to the report that are transmitted to the
    Secretary by the Administrator before the date specified in such
    paragraph.
      "(g) Definitions. - As used in this section:
        "(1) The term 'small business concern' shall have the same
      meaning as is provided in section 8(d)(3)(C) of the Small
      Business Act (15 U.S.C. 637(d)(3)(C)), and includes a small
      business concern owned and controlled by socially and
      economically disadvantaged individuals.
        "(2) The term 'small business concern owned and controlled by
      socially and economically disadvantaged individuals' shall have
      the same meaning as is provided in section 8(d)(3)(C) of the
      Small Business Act (15 U.S.C. 637(d)(3)(C))."

                    CONTRACT OPTIONS AND MODIFICATIONS                
      Section 303(f) of Pub. L. 100-656, as amended by Pub. L. 101-37,
    Sec. 10(d), June 15, 1989, 103 Stat. 73, provided that:
      "(1) The Small Business Administration shall make substantial and
    sustained efforts to achieve a maximum ten-day period as the
    average processing time for approving options and modifications to
    contracts awarded pursuant to section 8(a) of the Small Business
    Act (15 U.S.C. 637(a)) and submitted to such Administration for
    approval.
      "(2) Within sixty days after the date of enactment of this Act
    [Nov. 15, 1988], the Small Business Administration, and the
    appropriate Federal agency, shall make substantial and sustained
    efforts to negotiate contract modifications for fair market price
    for any and all unpriced options contained in active contracts
    previously awarded pursuant to section 8(a) of the Small Business
    Act (15 U.S.C. 637(a)) with the contractor that was initially
    awarded such contract.
      "(3) During the period of time described in paragraph (2), such
    agencies shall refrain from procuring such requirements from
    alternative sources except that, no delay may be incurred pursuant
    to this paragraph that would cause substantial harm to a public
    interest.
      "(4) The Small Business Administration shall take appropriate
    actions, including publication in the Federal Register, to advise
    small business concerns and Federal agencies of the requirements of
    this subsection.
      "(5) The Administration shall, to the maximum extent practicable,
    minimize delay, eliminate excess regulation, and require only such
    paperwork as may be necessary to effect the orderly and efficient
    management of the Program established by section 7(j)(10) of the
    Small Business Act (15 U.S.C. 636(j)(10)) and the award of
    contracts pursuant to section 8(a) of such Act (15 U.S.C. 637(a))."

                        LIQUIDATED DAMAGES CLAUSES                    
      Section 304(b) of Pub. L. 100-656 provided that: "The contract
    clause required by section 8(d)(4)(F) of the Small Business Act [15
    U.S.C. 637(d)(4)(F)] (as added by subsection (a)) shall be made
    part of the Federal Acquisition Regulation and promulgated pursuant
    to section 22 of the Office of Federal Procurement Policy Act (41
    U.S.C. 418b)."
      [Section 304(b) of Pub. L. 100-656 effective Aug. 15, 1989, see
    section 803(b)(1)(B) of Pub. L. 100-656, as amended, set out as an
    Effective Date of 1988 Amendment note under section 631 of this
    title.]

                 NATIVE AMERICAN ORGANIZATIONS EXEMPTIONS             
      Pub. L. 109-289, div. A, title VIII, Sec. 8018, Sept. 29, 2006,
    120 Stat. 1277, provided in part: "That, during the current fiscal
    year and hereafter, businesses certified as 8(a) by the Small
    Business Administration pursuant to section 8(a)(15) of Public Law
    85-536 [15 U.S.C. 637(a)(15)], as amended, shall have the same
    status as other program participants under section 602 of Public
    Law 100-656, 102 Stat. 3825 (Business Opportunity Development
    Reform Act of 1988) [set out as a note below] for purposes of
    contracting with agencies of the Department of Defense."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 109-148, div. A, title VIII, Sec. 8020, Dec. 30, 2005,
    119 Stat. 2702.
      Pub. L. 108-287, title VIII, Sec. 8021, Aug. 5, 2004, 118 Stat
    975.
      Pub. L. 108-87, title VIII, Sec. 8021, Sept. 30, 2003, 117 Stat
    1076.
      Section 602 of Pub. L. 100-656, as amended by Pub. L. 101-37,
    Sec. 22, June 15, 1989, 103 Stat. 75; Pub. L. 101-515, title V,
    Sec. 2, Nov. 5, 1990, 104 Stat. 2140; Pub. L. 101-574, title II,
    Sec. 205, Nov. 15, 1990, 104 Stat. 2819; Pub. L. 103-403, title VI,
    Sec. 608, Oct. 22, 1994, 108 Stat. 4204, provided that:
      "(a) Competitive Thresholds. - Section 8(a)(1)(D) of the Small
    Business Act [15 U.S.C. 637(a)(1)(D)], as added by section 303 of
    this Act, shall not apply to Program Participants that are owned
    and controlled by economically disadvantaged Indian tribes, as
    defined pursuant to paragraphs (4) and (13) of section 8(a) of the
    Small Business Act (15 U.S.C. 637(a)(4) and (13)).
      "(b) Joint Ventures. - The Administration is authorized to award
    a contract pursuant to section 8(a) of the Small Business Act (15
    U.S.C. 637(a)) to a joint venture notwithstanding the size status
    of such joint venture if - 
        "(1) a party to the joint venture is a Program Participant that
      is owned and controlled by an economically disadvantaged Indian
      tribe (as defined pursuant to paragraphs (4) and (13) of section
      8(a) of the Small Business Act (15 U.S.C. 637(a)(4) and (13));
      and
        "(2) such Program Participant:
          "(A) owns 51 per centum or more of such joint venture;
          "(B) is located on the reservation or former reservation of
        such tribe as determined by the Secretary of the Interior of
        such tribe;
          "(C) performs most of its activities on such reservation, or
        such former reservation; and
          "(D) employs members of such tribe for at least 50 per centum
        of its total workforce.
      "(c) Limitations. - A Program Participant, as a party to a joint
    venture shall receive no more than 5 contracts due solely to the
    provisions of subsection (b).
      "(d) Sunset. - Subsection (b) shall cease to be effective after
    September 30, 1997."
      [Section 602 of Pub. L. 100-656 effective Aug. 15, 1989, see
    section 803(b)(1)(D) of Pub. L. 100-656, as amended, set out as an
    Effective Date of 1988 Amendment note under section 631 of this
    title.]

       GAO EVALUATION OF SERVICE CORPS OF RETIRED EXECUTIVES; REPORT   
      Section 107 of Pub. L. 100-590 directed Comptroller General, not
    later than Dec. 1, 1989, to transmit a report to Small Business
    Committees of Senate and House of Representatives on functions
    being performed by volunteers in Service Corps of Retired
    Executives and Active Corps of Executives, including his evaluation
    of programs and including conclusions and recommendations
    concerning efficiency and cost effectiveness of such volunteers.

      AUTHORIZATION OF APPROPRIATIONS FOR WOMEN-OWNED SMALL BUSINESS
                          DEMONSTRATION PROJECTS
      Section 127(c) of Pub. L. 100-590 provided that: "There is
    authorized to be appropriated $10,000,000 to carry out the
    demonstration projects required pursuant to subsection (a)
    [amending this section]. The initial projects authorized to be
    financed by this section [amending this section and enacting
    provisions set out as notes under this section] shall be funded by
    January 31, 1989. Notwithstanding any other provision of law, the
    Small Business Administration may use such expedited acquisition
    methods as it deems appropriate to achieve the purposes of this
    subsection, except that it shall insure that all eligible sources
    are provided a reasonable opportunity to submit proposals."
      Similar provisions were contained in Pub. L. 100-533, title II,
    Sec. 203, Oct. 25, 1988, 102 Stat. 2692.

     SPENDING AUTHORITY FOR CONTRACTS AUTHORIZED FOR WOMEN-OWNED SMALL
                      BUSINESS DEMONSTRATION PROJECTS
      Section 127(e) of Pub. L. 100-590 provided that: "New spending
    authority or authority to enter into contracts as authorized in
    this section [amending this section and enacting provisions set out
    as notes under this section] shall be effective only to such extent
    and in such amounts as are provided in advance in appropriation
    Acts."

                   RURAL AREA BUSINESS DEVELOPMENT PLANS               
      Section 129 of Pub. L. 100-590 provided that: "Within six months
    of the effective date of this Act [see Effective Date of 1988
    Amendment note set out under section 631 of this title], the
    Administrator shall identify each Federal agency having substantial
    procurement or grantmaking authority and shall notify each agency
    so identified. Within six months of notification, each agency shall
    develop rural area business enterprise development plans. Such
    plans shall establish rural area enterprise development objectives
    for the agency and methods for encouraging prime contractors,
    subcontractors and grant recipients to use small business concerns
    located in rural areas as subcontractors, suppliers, and otherwise.
    Such plans shall, to the extent the agency deems appropriate and
    feasible, include incentive techniques as encouragement."

                  BACKGROUND CHECK POLICY; FINGERPRINTING              
      Section 132 of Pub. L. 100-590 provided that: "The Small Business
    Administration shall not require fingerprints to be obtained for
    background check purposes from any participant in any
    Administration program who is serving on a voluntary basis and
    without compensation unless the Administration has reasonable
    grounds to believe that the participant's record or background is
    such as to make the participant ineligible to participate in the
    relevant program."

                      TIME FOR DESIGNATION OF AGENCY                  
      Section 1(b) of Pub. L. 99-567 provided that: "The designation of
    an agency pursuant to the amendment made by subsection (a)
    [amending this section] shall be made not later than sixty days
    after the date of enactment of this Act [Oct. 27, 1986]."

    REPORT TO CONGRESS RESPECTING ASSISTANCE FURNISHED BY PROFITMAKING
               CONCERNS TO SMALL BUSINESS CONCERNS; CONTENTS
      Section 5(b) of Pub. L. 98-362 directed Small Business
    Administration, not later than Dec. 1, 1987, to report to
    Committees on Small Business of Senate and House of Representatives
    on impact of assistance provided in cooperation with profitmaking
    concerns pursuant to amendment made by section 5(a)(2) of the Small
    Business Computer Security and Education Act of 1984 [amending this
    section], including information on benefits provided to small
    business concerns assisted by Administration's cooperation with
    profitmaking concerns and any negative impact upon small businesses
    resulting from such cooperation with profitmaking concerns.

     TENNESSEE VALLEY AUTHORITY; PROCUREMENT PROCEDURES UNDER 1983 AND
         1984 AMENDMENTS APPLICABLE ONLY TO PROCUREMENTS PAID FROM
                            APPROPRIATED FUNDS
      Section 404(c) of Pub. L. 98-577 provided that: "The provisions
    of the amendment made by subsection (a) of this section [enacting
    subsecs. (e) to (j) of this section and striking out former subsec.
    (e) of this section] shall apply to the Tennessee Valley Authority
    only with respect to procurements to be paid from appropriated
    funds."
      Section 1(b)(3) of Pub. L. 98-72 provided that: "The provisions
    of this Act [amending this section] shall apply to the Tennessee
    Valley Authority only with respect to procurements to be paid from
    appropriated funds."

         ASIAN PACIFIC AMERICANS AS DISADVANTAGED MINORITY IN 1978     
      Section 118(c)(2) of Pub. L. 96-302 provided that the amendment
    of subsec. (d)(3)(C) by Pub. L. 96-302, including Asian Pacific
    Americans among the disadvantaged minorities, shall apply as if
    included in the amendment made by section 211 of Pub. L. 95-507, to
    subsec. (d) of this section.

    BUSINESS PLANS; SUBMITTAL BY CONCERNS ELIGIBLE TO RECEIVE CONTRACTS
      Concerns eligible to receive contracts pursuant to subsec. (a) of
    this section required to submit business plans required under
    section 636(j)(10)(A)(i) of this title within certain time limits,
    provided that no determination made under this paragraph shall be
    considered a denial of total participation for the purposes of
    subsec. (a)(9) of this section, see section 106(b) of Pub. L. 96-
    481 set out as a note under section 636 of this title.

     REPORTS TO CONGRESS; GENERAL ACCOUNTING OFFICE REPORT ON BUSINESS
    DEVELOPMENT; QUARTERLY REPORTS BY SMALL BUSINESS ADMINISTRATION TO
                         CONGRESSIONAL COMMITTEES
      Section 202(b) of Pub. L. 95-507, as amended by Pub. L. 96-481,
    title I, Sec. 102, Oct. 21, 1980, 94 Stat. 2321, provided not later
    than Jan. 31, 1981, the General Accounting Office submit to
    Congress a report which, with respect to provisions of subsec.
    (a)(1)(B) and (2) of this section, evaluated the implementation of
    such provisions and whether such implementation furthered the
    purposes under section 631(e) of this title, and required the Small
    Business Administration and the agency designated pursuant to
    subsec. (a)(1)(B) of this section to submit separate quarterly
    reports to specific congressional committees, which reports were to
    contain a review and evaluation of all activities conducted
    pursuant to subsec. (a)(1)(B) during the previous three-month
    period, with the first such report submitted commencing on Jan. 2,
    1981, for the preceding three-month period, and to continue
    quarterly through, and include, the quarter ending Sept. 30, 1981.

               TERMINATION OF ADVISORY BOARDS AND COMMITTEES           
      Advisory boards and committees in existence on Jan. 5, 1973, to
    terminate not later than the expiration of the 2-year period
    following Jan. 5, 1973, unless, in the case of a board or committee
    established by the President or an officer of the Federal
    Government, such board or committee is renewed by appropriate
    action prior to the expiration of such 2-year period, or in the
    case of a board or committee established by the Congress, its
    duration is otherwise provided by law. See sections 3(2) and 14 of
    Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the
    Appendix to Title 5, Government Organization and Employees.

-CROSS-
                                DEFINITION                            
      Section 127(d) of Pub. L. 100-590 provided that: "For the
    purposes of this section [amending this section and enacting
    provisions set out as notes under this section], the term 'small
    business concern owned and controlled by women' means any small
    business concern - 
        "(1) that is at least 51 per centum owned by one or more women;
      and
        "(2) whose management and daily business operations are
      controlled by one or more of such women."
      Similar provisions were contained in Pub. L. 100-533, title II,
    Sec. 204, Oct. 25, 1988, 102 Stat. 2692.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "proscribed".

    (!3) So in original. Probably should be "solicited".

    (!4) See References in Text note below.

    (!5) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 637a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 637a. Repealed.

-MISC1-
    Sec. 637a. Repealed. Pub. L. 89-409, Sec. 3(b), May 2, 1966, 80
      Stat. 133.
      Section, Pub. L. 87-550, Sec. 2, July 25, 1962, 76 Stat. 221,
    authorized the Administration to make loans to assist in adjusting
    to competition from imports, described such authority as additional
    to that under the Small Business Act, provided for application of
    the Trade Expansion Act of 1962, authorized appropriations, and
    provided for an effective date. See section 636(e) of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective on July 1, 1966, see section 3(c) of Pub. L. 89-
    409, set out as a note under section 636 of this title.

-End-



-CITE-
    15 USC Sec. 637b                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 637b. Availability of information

-STATUTE-
    (a) Requests for information
      For any contract to be let by any Federal agency, such agency
    shall provide to any small business concern upon its request - 
        (1) a copy of bid sets and specifications with respect to such
      contract;
        (2) the name and telephone number of an employee of such agency
      to answer questions with respect to such contract; and
        (3) adequate citations to each major Federal law or agency rule
      with which such business concern must comply in performing such
      contract.
    (b) Exempt contracts
      Subsection (a) of this section shall not apply to any contract or
    subcontract under such contract which - 
        (1) will be performed entirely outside any State, territory, or
      possession of the United States, the District of Columbia, or the
      Commonwealth of Puerto Rico; or
        (2) is for services which are personal in nature.

-SOURCE-
    (Pub. L. 95-507, title II, Sec. 223, Oct. 24, 1978, 92 Stat. 1772.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 637c                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 637c. Definitions

-STATUTE-
      For purposes of this Act - 
        (1) the term "Administrator" means the Administrator of the
      Small Business Administration;
        (2) the term "Federal agency" has the meaning given the term
      "agency" by section 551(1) of title 5, but does not include the
      United States Postal Service or the Government Accountability
      Office; and
        (3) the term "Government procurement contract" means any
      contract for the procurement of any goods or services by any
      Federal agency.

-SOURCE-
    (Pub. L. 95-507, title II, Sec. 224(a), Oct. 24, 1978, 92 Stat.
    1772; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in text, means Pub. L. 95-507, Oct. 24,
    1978, 92 Stat. 1757. For complete classification of this Act to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.


-MISC1-
                                AMENDMENTS                            
      2004 - Par. (2). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".

-End-



-CITE-
    15 USC Sec. 638                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 638. Research and development

-STATUTE-
    (a) Declaration of policy
      Research and development are major factors in the growth and
    progress of industry and the national economy. The expense of
    carrying on research and development programs is beyond the means
    of many small-business concerns, and such concerns are handicapped
    in obtaining the benefits of research and development programs
    conducted at Government expense. These small-business concerns are
    thereby placed at a competitive disadvantage. This weakens the
    competitive free enterprise system and prevents the orderly
    development of the national economy. It is the policy of the
    Congress that assistance be given to small-business concerns to
    enable them to undertake and to obtain the benefits of research and
    development in order to maintain and strengthen the competitive
    free enterprise system and the national economy.
    (b) Assistance to small-business concerns
      It shall be the duty of the Administration, and it is empowered -
    
        (1) to assist small-business concerns to obtain Government
      contracts for research and development;
        (2) to assist small-business concerns to obtain the benefits of
      research and development performed under Government contracts or
      at Government expense;
        (3) to provide technical assistance to small-business concerns
      to accomplish the purposes of this section; and (!1)

        (4) to develop and maintain a source file and an information
      program to assure each qualified and interested small business
      concern the opportunity to participate in Federal agency small
      business innovation research programs and small business
      technology transfer programs;
        (5) to coordinate with participating agencies a schedule for
      release of SBIR and STTR solicitations, and to prepare a master
      release schedule so as to maximize small businesses'
      opportunities to respond to solicitations;
        (6) to independently survey and monitor the operation of SBIR
      and STTR programs within participating Federal agencies;
        (7) to report not less than annually to the Committee on Small
      Business of the Senate, and to the Committee on Science and the
      Committee on Small Business of the House of Representatives, on
      the SBIR and STTR programs of the Federal agencies and the
      Administration's information and monitoring efforts related to
      the SBIR and STTR programs, including the data on output and
      outcomes collected pursuant to subsections (g)(10), (o)(9), and
      (o)(15) of this section, the number of proposals received from,
      and the number and total amount of awards to, HUBZone small
      business concerns under each of the SBIR and STTR programs, and a
      description of the extent to which Federal agencies are providing
      in a timely manner information needed to maintain the database
      described in subsection (k) of this section; and
        (8) to provide for and fully implement the tenets of Executive
      Order No. 13329 (Encouraging Innovation in Manufacturing).
    (c) Consultation and cooperation with Government agencies; studies
      and recommendations
      The Administration is authorized to consult and cooperate with
    all Government agencies and to make studies and recommendations to
    such agencies, and such agencies are authorized and directed to
    cooperate with the Administration in order to carry out and to
    accomplish the purposes of this section.
    (d) Joint programs; approval of agreements; withdrawal of approval;
      publication in Federal Register
      (1) The Administrator is authorized to consult with
    representatives of small-business concerns with a view to assisting
    and encouraging such firms to undertake joint programs for research
    and development carried out through such corporate or other
    mechanism as may be most appropriate for the purpose. Such joint
    programs may, among other things, include the following purposes:
        (A) to construct, acquire, or establish laboratories and other
      facilities for the conduct of research;
        (B) to undertake and utilize applied research;
        (C) to collect research information related to a particular
      industry and disseminate it to participating members;
        (D) to conduct applied research on a protected, proprietary,
      and contractual basis with member or nonmember firms, Government
      agencies, and others;
        (E) to prosecute applications for patents and render patent
      services for participating members; and
        (F) to negotiate and grant licenses under patents held under
      the joint program, and to establish corporations designed to
      exploit particular patents obtained by it.

      (2) The Administrator may, after consultation with the Attorney
    General and the Chairman of the Federal Trade Commission, and with
    the prior written approval of the Attorney General, approve any
    agreement between small-business firms providing for a joint
    program of research and development, if the Administrator finds
    that the joint program proposed will maintain and strengthen the
    free enterprise system and the economy of the Nation. The
    Administrator or the Attorney General may at any time withdraw his
    approval of the agreement and the joint program of research and
    development covered thereby, if he finds that the agreement or the
    joint program carried on under it is no longer in the best
    interests of the competitive free enterprise system and the economy
    of the Nation. A copy of the statement of any such finding and
    approval intended to be within the coverage of this subsection, and
    a copy of any modification or withdrawal of approval, shall be
    published in the Federal Register. The authority conferred by this
    subsection on the Administrator shall not be delegated by him.
      (3) No act or omission to act pursuant to and within the scope of
    any joint program for research and development, under an agreement
    approved by the Administrator under this subsection, shall be
    construed to be within the prohibitions of the antitrust laws or
    the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. Upon
    publication in the Federal Register of the notice of withdrawal of
    his approval of the agreement granted under this subsection, either
    by the Administrator or by the Attorney General, the provisions of
    this subsection shall not apply to any subsequent act or omission
    to act by reason of such agreement or approval.
    (e) Definitions
      For the purpose of this section - 
        (1) the term "extramural budget" means the sum of the total
      obligations minus amounts obligated for such activities by
      employees of the agency in or through Government-owned,
      Government-operated facilities, except that for the Department of
      Energy it shall not include amounts obligated for atomic energy
      defense programs solely for weapons activities or for naval
      reactor programs, and except that for the Agency for
      International Development it shall not include amounts obligated
      solely for general institutional support of international
      research centers or for grants to foreign countries;
        (2) the term "Federal agency" means an executive agency as
      defined in section 105 of title 5 or a military department as
      defined in section 102 of such title, except that it does not
      include any agency within the Intelligence Community (as the term
      is defined in section 3.4(f) of Executive Order 12333 or its
      successor orders);
        (3) the term "funding agreement" means any contract, grant, or
      cooperative agreement entered into between any Federal agency and
      any small business for the performance of experimental,
      developmental, or research work funded in whole or in part by the
      Federal Government;
        (4) the term "Small Business Innovation Research Program" or
      "SBIR" means a program under which a portion of a Federal
      agency's research or research and development effort is reserved
      for award to small business concerns through a uniform process
      having - 
          (A) a first phase for determining, insofar as possible, the
        scientific and technical merit and feasibility of ideas that
        appear to have commercial potential, as described in
        subparagraph (B), submitted pursuant to SBIR program
        solicitations;
          (B) a second phase, to further develop proposals which meet
        particular program needs, in which awards shall be made based
        on the scientific and technical merit and feasibility of the
        proposals, as evidenced by the first phase, considering, among
        other things, the proposal's commercial potential, as evidenced
        by - 
            (i) the small business concern's record of successfully
          commercializing SBIR or other research;
            (ii) the existence of second phase funding commitments from
          private sector or non-SBIR funding sources;
            (iii) the existence of third phase, follow-on commitments
          for the subject of the research; and
            (iv) the presence of other indicators of the commercial
          potential of the idea; and

          (C) where appropriate, a third phase - 
            (i) in which commercial applications of SBIR-funded
          research or research and development are funded by non-
          Federal sources of capital or, for products or services
          intended for use by the Federal Government, by follow-on non-
          SBIR Federal funding awards; or
            (ii) for which awards from non-SBIR Federal funding sources
          are used for the continuation of research or research and
          development that has been competitively selected using peer
          review or scientific review criteria;

        (5) the term "research" or "research and development" means any
      activity which is (A) a systematic, intensive study directed
      toward greater knowledge or understanding of the subject studied;
      (B) a systematic study directed specifically toward applying new
      knowledge to meet a recognized need; or (C) a systematic
      application of knowledge toward the production of useful
      materials, devices, and systems or methods, including design,
      development, and improvement of prototypes and new processes to
      meet specific requirements;
        (6) the term "Small Business Technology Transfer Program" or
      "STTR" means a program under which a portion of a Federal
      agency's extramural research or research and development effort
      is reserved for award to small business concerns for cooperative
      research and development through a uniform process having - 
          (A) a first phase, to determine, to the extent possible, the
        scientific, technical, and commercial merit and feasibility of
        ideas submitted pursuant to STTR program solicitations;
          (B) a second phase, to further develop proposed ideas to meet
        particular program needs, in which awards shall be made based
        on the scientific, technical, and commercial merit and
        feasibility of the idea, as evidenced by the first phase and by
        other relevant information; and
          (C) where appropriate, a third phase - 
            (i) in which commercial applications of STTR-funded
          research or research and development are funded by non-
          Federal sources of capital or, for products or services
          intended for use by the Federal Government, by follow-on non-
          STTR Federal funding awards; and
            (ii) for which awards from non-STTR Federal funding sources
          are used for the continuation of research or research and
          development that has been competitively selected using peer
          review or scientific review criteria;

        (7) the term "cooperative research and development" means
      research or research and development conducted jointly by a small
      business concern and a research institution in which not less
      than 40 percent of the work is performed by the small business
      concern, and not less than 30 percent of the work is performed by
      the research institution;
        (8) the term "research institution" means a nonprofit
      institution, as defined in section 3703(5) of this title, and
      includes federally funded research and development centers, as
      identified by the National Scientific Foundation in accordance
      with the governmentwide Federal Acquisition Regulation issued in
      accordance with section 421(c)(1) (!2) of title 41 (or any
      successor regulation thereto); and

        (9) the term "commercial applications" shall not be construed
      to exclude testing and evaluation of products, services, or
      technologies for use in technical or weapons systems, and
      further, awards for testing and evaluation of products, services,
      or technologies for use in technical or weapons systems may be
      made in either the second or the third phase of the Small
      Business Innovation Research Program and of the Small Business
      Technology Transfer Program, as defined in this subsection.
    (f) Federal agency expenditures for SBIR program
      (1) Required expenditure amounts
        Each Federal agency which has an extramural budget for research
      or research and development in excess of $100,000,000 for fiscal
      year 1992, or any fiscal year thereafter, shall expend with small
      business concerns - 
          (A) not less than 1.5 percent of such budget in each of
        fiscal years 1993 and 1994;
          (B) not less than 2.0 percent of such budget in each of
        fiscal years 1995 and 1996; and
          (C) not less than 2.5 percent of such budget in each fiscal
        year thereafter,

      specifically in connection with SBIR programs which meet the
      requirements of this section, policy directives, and regulations
      issued under this section.
      (2) Limitations
        A Federal agency shall not - 
          (A) use any of its SBIR budget established pursuant to
        paragraph (1) for the purpose of funding administrative costs
        of the program, including costs associated with salaries and
        expenses; or
          (B) make available for the purpose of meeting the
        requirements of paragraph (1) an amount of its extramural
        budget for basic research which exceeds the percentages
        specified in paragraph (1).
      (3) Exclusion of certain funding agreements
        Funding agreements with small business concerns for research or
      research and development which result from competitive or single
      source selections other than an SBIR program shall not be
      considered to meet any portion of the percentage requirements of
      paragraph (1).
    (g) Administration of small business innovation research programs
      by Federal agencies required to establish such programs
      Each Federal agency required by subsection (f) of this section to
    establish a small business innovation research program shall, in
    accordance with this chapter and regulations issued hereunder - 
        (1) unilaterally determine categories of projects to be in its
      SBIR program;
        (2) issue small business innovation research solicitations in
      accordance with a schedule determined cooperatively with the
      Small Business Administration;
        (3) unilaterally determine research topics within the agency's
      SBIR solicitations, giving special consideration to broad
      research topics and to topics that further 1 or more critical
      technologies, as identified by - 
          (A) the National Critical Technologies Panel (or its
        successor) in the 1991 report required under section 6683 (!3)
        of title 42, and in subsequent reports issued under that
        authority; or

          (B) the Secretary of Defense, in the 1992 report issued in
        accordance with section 2522 (!3) of title 10, and in
        subsequent reports issued under that authority;

        (4) unilaterally receive and evaluate proposals resulting from
      SBIR proposals;
        (5) subject to subsection (l) of this section, unilaterally
      select awardees for its SBIR funding agreements and inform each
      awardee under such an agreement, to the extent possible, of the
      expenses of the awardee that will be allowable under the funding
      agreement;
        (6) administer its own SBIR funding agreements (or delegate
      such administration to another agency);
        (7) make payments to recipients of SBIR funding agreements on
      the basis of progress toward or completion of the funding
      agreement requirements and, in all cases, make payment to
      recipients under such agreements in full, subject to audit, on or
      before the last day of the 12-month period beginning on the date
      of completion of such requirements;
        (8) make an annual report on the SBIR program to the Small
      Business Administration and the Office of Science and Technology
      Policy;
        (9) include, as part of its annual performance plan as required
      by subsections (a) and (b) of section 1115 of title 31, a section
      on its SBIR program, and shall submit such section to the
      Committee on Small Business of the Senate, and the Committee on
      Science and the Committee on Small Business of the House of
      Representatives;
        (10) collect, and maintain in a common format in accordance
      with subsection (v) of this section, such information from
      awardees as is necessary to assess the SBIR program, including
      information necessary to maintain the database described in
      subsection (k) of this section; and
        (11) provide for and fully implement the tenets of Executive
      Order No. 13329 (Encouraging Innovation in Manufacturing).
    (h) Establishment of goals for funding agreements for research or
      research and development to small business concerns by agencies
      having budgets for research and development
      In addition to the requirements of subsection (f) of this
    section, each Federal agency which has a budget for research or
    research and development in excess of $20,000,000 for any fiscal
    year beginning with fiscal year 1983 or subsequent fiscal year
    shall establish goals specifically for funding agreements for
    research or research and development to small business concerns,
    and no goal established under this subsection shall be less than
    the percentage of the agency's research or research and development
    budget expended under funding agreements with small business
    concerns in the immediately preceding fiscal year.
    (i) Annual reporting
      (1) In general
        Each Federal agency required by this section to have an SBIR
      program or to establish goals shall report annually to the Small
      Business Administration the number of awards pursuant to grants,
      contracts, or cooperative agreements over $10,000 in amount and
      the dollar value of all such awards, identifying SBIR awards and
      comparing the number and amount of such awards with awards to
      other than small business concerns.
      (2) Calculation of extramural budget
        (A) Methodology
          Not later than 4 months after the date of the enactment of
        each appropriations Act for a Federal agency required by this
        section to have an SBIR program, the Federal agency shall
        submit to the Administrator a report, which shall include a
        description of the methodology used for calculating the amount
        of the extramural budget of that Federal agency.
        (B) Administrator's analysis
          The Administrator shall include an analysis of the
        methodology received from each Federal agency referred to in
        subparagraph (A) in the report required by subsection (b)(7) of
        this section.
    (j) Small Business Administration policy directives for the general
      conduct of small business innovation research programs
      (1) Policy directives
        The Small Business Administration, after consultation with the
      Administrator of the Office of Federal Procurement Policy, the
      Director of the Office of Science and Technology Policy, and the
      Intergovernmental Affairs Division of the Office of Management
      and Budget, shall, within one hundred and twenty days of July 22,
      1982, issue policy directives for the general conduct of the SBIR
      programs within the Federal Government, including providing for -
      
          (A) simplified, standardized, and timely SBIR solicitations;
          (B) a simplified, standardized funding process which provides
        for (i) the timely receipt and review of proposals; (ii)
        outside peer review for at least phase two proposals, if
        appropriate; (iii) protection of proprietary information
        provided in proposals; (iv) selection of awardees; (v)
        retention of rights in data generated in the performance of the
        contract by the small business concern; (vi) transfer of title
        to property provided by the agency to the small business
        concern if such a transfer would be more cost effective than
        recovery of the property by the agency; (vii) cost sharing; and
        (viii) cost principles and payment schedules;
          (C) exemptions from the regulations under paragraph (2) (!4)
        if national security or intelligence functions clearly would be
        jeopardized;

          (D) minimizing regulatory burden associated with
        participation in the SBIR program for the small business
        concern which will stimulate the cost-effective conduct of
        Federal research and development and the likelihood of
        commercialization of the results of research and development
        conducted under the SBIR program;
          (E) simplified, standardized, and timely annual report on the
        SBIR program to the Small Business Administration and the
        Office of Science and Technology Policy;
          (F) standardized and orderly withdrawal from program
        participation by an agency having a SBIR program; at the
        discretion of the Administration, such directives may require a
        phased withdrawal over a period of time sufficient in duration
        to minimize any adverse impact on small business concerns; and
          (G) the voluntary participation in a SBIR program by a
        Federal agency not required to establish such a program
        pursuant to subsection (f) of this section.
      (2) Modifications
        Not later than 90 days after October 28, 1992, the
      Administrator shall modify the policy directives issued pursuant
      to this subsection to provide for - 
          (A) retention by a small business concern of the rights to
        data generated by the concern in the performance of an SBIR
        award for a period of not less than 4 years;
          (B) continued use by a small business concern participating
        in the third phase of the SBIR program, as a directed bailment,
        of any property transferred by a Federal agency to the small
        business concern in the second phase of an SBIR program for a
        period of not less than 2 years, beginning on the initial date
        of the concern's participation in the third phase of such
        program;
          (C) procedures to ensure, to the extent practicable, that an
        agency which intends to pursue research, development, or
        production of a technology developed by a small business
        concern under an SBIR program enters into follow-on, non-SBIR
        funding agreements with the small business concern for such
        research, development, or production;
          (D) an increase to $100,000 in the amount of funds which an
        agency may award in the first phase of an SBIR program, and to
        $750,000 in the second phase of an SBIR program, and an
        adjustment of such amounts once every 5 years to reflect
        economic adjustments and programmatic considerations;
          (E) a process for notifying the participating SBIR agencies
        and potential SBIR participants of the 1991, 1992, and the
        current critical technologies, as identified - 
            (i) by the National Critical Technologies Panel (or its
          successor), in accordance with section 6683 (!5) of title 42;
          or

            (ii) by the Secretary of Defense, in accordance with
          section 2522 (!5) of title 10;

          (F) enhanced outreach efforts to increase the participation
        of socially and economically disadvantaged small business
        concerns, as defined in section 637(a)(4) of this title, and
        the participation of small businesses that are 51 percent owned
        and controlled by women in technological innovation and in SBIR
        programs, including the third phase of such programs, and the
        collection of data to document such participation;
          (G) technical and programmatic guidance to encourage agencies
        to develop gap-funding programs to address the delay between an
        award for the first phase of an SBIR program and the
        application for and extension of an award for the second phase
        of such program;
          (H) procedures to ensure that a small business concern that
        submits a proposal for a funding agreement for the first phase
        of an SBIR program and that has received more than 15 second
        phase SBIR awards during the preceding 5 fiscal years is able
        to demonstrate the extent to which it was able to secure third
        phase funding to develop concepts resulting from previous
        second phase SBIR awards; and
          (I) procedures to ensure that agencies participating in the
        SBIR program retain the information submitted under
        subparagraph (H) at least until the Government Accountability
        Office submits the report required under section 105 of the
        Small Business Research and Development Enhancement Act of
        1992.
      (3) Additional modifications
        Not later than 120 days after December 21, 2000, the
      Administrator shall modify the policy directives issued pursuant
      to this subsection - 
          (A) to clarify that the rights provided for under paragraph
        (2)(A) apply to all Federal funding awards under this section,
        including the first phase (as described in subsection (e)(4)(A)
        of this section), the second phase (as described in subsection
        (e)(4)(B) of this section), and the third phase (as described
        in subsection (e)(4)(C) of this section);
          (B) to provide for the requirement of a succinct
        commercialization plan with each application for a second phase
        award that is moving toward commercialization;
          (C) to require agencies to report to the Administration, not
        less frequently than annually, all instances in which an agency
        pursued research, development, or production of a technology
        developed by a small business concern using an award made under
        the SBIR program of that agency, and determined that it was not
        practicable to enter into a follow-on non-SBIR program funding
        agreement with the small business concern, which report shall
        include, at a minimum - 
            (i) the reasons why the follow-on funding agreement with
          the small business concern was not practicable;
            (ii) the identity of the entity with which the agency
          contracted to perform the research, development, or
          production; and
            (iii) a description of the type of funding agreement under
          which the research, development, or production was obtained;
          and

          (D) to implement subsection (v) of this section, including
        establishing standardized procedures for the provision of
        information pursuant to subsection (k)(3) of this section.
    (k) Database
      (1) Public database
        Not later than 180 days after December 21, 2000, the
      Administrator shall develop, maintain, and make available to the
      public a searchable, up-to-date, electronic database that
      includes - 
          (A) the name, size, location, and an identifying number
        assigned by the Administrator, of each small business concern
        that has received a first phase or second phase SBIR or STTR
        award from a Federal agency;
          (B) a description of each first phase or second phase SBIR or
        STTR award received by that small business concern, including -
        
            (i) an abstract of the project funded by the award,
          excluding any proprietary information so identified by the
          small business concern;
            (ii) the Federal agency making the award; and
            (iii) the date and amount of the award;

          (C) an identification of any business concern or subsidiary
        established for the commercial application of a product or
        service for which an SBIR or STTR award is made;
          (D) information regarding mentors and Mentoring Networks, as
        required by section 657e(d) of this title; and
          (E) with respect to assistance under the STTR program only - 
            (i) whether the small business concern or the research
          institution initiated their collaboration on each assisted
          STTR project;
            (ii) whether the small business concern or the research
          institution originated any technology relating to the
          assisted STTR project;
            (iii) the length of time it took to negotiate any licensing
          agreement between the small business concern and the research
          institution under each assisted STTR project; and
            (iv) how the proceeds from commercialization, marketing, or
          sale of technology resulting from each assisted STTR project
          were allocated (by percentage) between the small business
          concern and the research institution.
      (2) Government database
        Not later than 180 days after December 21, 2000, the
      Administrator, in consultation with Federal agencies required to
      have an SBIR program pursuant to subsection (f)(1) of this
      section or an STTR program pursuant to subsection (n)(1) of this
      section, shall develop and maintain a database to be used
      exclusively for SBIR and STTR program evaluation that - 
          (A) contains for each second phase award made by a Federal
        agency - 
            (i) information collected in accordance with paragraph (3)
          on revenue from the sale of new products or services
          resulting from the research conducted under the award;
            (ii) information collected in accordance with paragraph (3)
          on additional investment from any source, other than first
          phase or second phase SBIR or STTR awards, to further the
          research and development conducted under the award; and
            (iii) any other information received in connection with the
          award that the Administrator, in conjunction with the SBIR
          and STTR program managers of Federal agencies, considers
          relevant and appropriate;

          (B) includes any narrative information that a small business
        concern receiving a second phase award voluntarily submits to
        further describe the outputs and outcomes of its awards;
          (C) includes for each applicant for a first phase or second
        phase award that does not receive such an award - 
            (i) the name, size, and location, and an identifying number
          assigned by the Administration;
            (ii) an abstract of the project; and
            (iii) the Federal agency to which the application was made;

          (D) includes any other data collected by or available to any
        Federal agency that such agency considers may be useful for
        SBIR or STTR program evaluation; and
          (E) is available for use solely for program evaluation
        purposes by the Federal Government or, in accordance with
        policy directives issued by the Administration, by other
        authorized persons who are subject to a use and nondisclosure
        agreement with the Federal Government covering the use of the
        database.
      (3) Updating information for database
        (A) In general
          A small business concern applying for a second phase award
        under this section shall be required to update information in
        the database established under this subsection for any prior
        second phase award received by that small business concern. In
        complying with this paragraph, a small business concern may
        apportion sales or additional investment information relating
        to more than one second phase award among those awards, if it
        notes the apportionment for each award.
        (B) Annual updates upon termination
          A small business concern receiving a second phase award under
        this section shall - 
            (i) update information in the database concerning that
          award at the termination of the award period; and
            (ii) be requested to voluntarily update such information
          annually thereafter for a period of 5 years.
      (4) Protection of information
        Information provided under paragraph (2) shall be considered
      privileged and confidential and not subject to disclosure
      pursuant to section 552 of title 5.
      (5) Rule of construction
        Inclusion of information in the database under this subsection
      shall not be considered to be publication for purposes of
      subsection (a) or (b) of section 102 of title 35.
    (l) Reporting of awards made from single proposal, to multiple
      award winners, or to critical technology topics
      (1) Single proposal
        If a Federal agency required to establish an SBIR program under
      subsection (f) of this section makes an award with respect to an
      SBIR solicitation topic or subtopic for which the agency received
      only 1 proposal, the agency shall provide written justification
      for making the award in its next quarterly report to the
      Administration and in the agency's next annual report required
      under subsection (g)(8) of this section.
      (2) Multiple awards
        An agency referred to in paragraph (1) shall include in its
      next annual report required under subsection (g)(8) of this
      section an accounting of the awards the agency has made for the
      first phase of an SBIR program during the reporting period to
      entities that have received more than 15 awards for the second
      phase of an SBIR program during the preceding 5 fiscal years.
      (3) Critical technology awards
        An agency referred to in paragraph (1) shall include in its
      next annual report required under subsection (g)(8) of this
      section, an accounting of the number of awards it has made to
      critical technology topics, as defined in subsection (g)(3) of
      this section, including an identification of the specific
      critical technologies topics, and the percentage by number and
      dollar amount of the agency's total SBIR awards to such critical
      technology topics.
    (m) Termination
      The authorization to carry out the Small Business Innovation
    Research Program established under this section shall terminate on
    September 30, 2008.
    (n) Required expenditures for STTR by Federal agencies
      (1) Required expenditure amounts
        (A) In general
          With respect to each fiscal year through fiscal year 2009,
        each Federal agency that has an extramural budget for research,
        or research and development, in excess of $1,000,000,000 for
        that fiscal year, shall expend with small business concerns not
        less than the percentage of that extramural budget specified in
        subparagraph (B), specifically in connection with STTR programs
        that meet the requirements of this section and any policy
        directives and regulations issued under this section.
        (B) Expenditure amounts
          The percentage of the extramural budget required to be
        expended by an agency in accordance with subparagraph (A) shall
        be - 
            (i) 0.15 percent for each fiscal year through fiscal year
          2003; and
            (ii) 0.3 percent for fiscal year 2004 and each fiscal year
          thereafter.
      (2) Limitations
        A Federal agency shall not - 
          (A) use any of its STTR budget established pursuant to
        paragraph (1) for the purpose of funding administrative costs
        of the program, including costs associated with salaries and
        expenses, or, in the case of a small business concern or a
        research institution, costs associated with salaries, expenses,
        and administrative overhead (other than those direct or
        indirect costs allowable under guidelines of the Office of
        Management and Budget and the governmentwide Federal
        Acquisition Regulation issued in accordance with section
        421(c)(1) of title 41); or
          (B) make available for the purpose of meeting the
        requirements of paragraph (1) an amount of its extramural
        budget for basic research which exceeds the percentage
        specified in paragraph (1).
      (3) Exclusion of certain funding agreements
        Funding agreements with small business concerns for research or
      research and development which result from competitive or single
      source selections other than an STTR program shall not be
      considered to meet any portion of the percentage requirements of
      paragraph (1).
    (o) Federal agency STTR authority
      Each Federal agency required to establish an STTR program in
    accordance with subsection (n) of this section and regulations
    issued under this chapter, shall - 
        (1) unilaterally determine categories of projects to be
      included in its STTR program;
        (2) issue STTR solicitations in accordance with a schedule
      determined cooperatively with the Administration;
        (3) unilaterally determine research topics within the agency's
      STTR solicitations, giving special consideration to broad
      research topics and to topics that further 1 or more critical
      technologies, as identified - 
          (A) by the National Critical Technologies Panel (or its
        successor) in reports required under section 6683 (!6) of title
        42; or

          (B) by the Secretary of Defense, in accordance with section
        2522 (!6) of title 10;

        (4) unilaterally receive and evaluate proposals resulting from
      STTR solicitations;
        (5) unilaterally select awardees for its STTR funding
      agreements and inform each awardee under such an agreement, to
      the extent possible, of the expenses of the awardee that will be
      allowable under the funding agreement;
        (6) administer its own STTR funding agreements (or delegate
      such administration to another agency);
        (7) make payments to recipients of STTR funding agreements on
      the basis of progress toward or completion of the funding
      agreement requirements and, in all cases, make payment to
      recipients under such agreements in full, subject to audit, on or
      before the last day of the 12-month period beginning on the date
      of the completion of such requirements;
        (8) include, as part of its annual performance plan as required
      by subsections (a) and (b) of section 1115 of title 31, a section
      on its STTR program, and shall submit such section to the
      Committee on Small Business of the Senate, and the Committee on
      Science and the Committee on Small Business of the House of
      Representatives;
        (9) collect such data from awardees as is necessary to assess
      STTR program outputs and outcomes;
        (10) submit an annual report on the STTR program to the
      Administration and the Office of Science and Technology Policy;
        (11) adopt the agreement developed by the Administrator under
      subsection (w) of this section as the agency's model agreement
      for allocating between small business concerns and research
      institutions intellectual property rights and rights, if any, to
      carry out follow-on research, development, or commercialization;
        (12) develop, in consultation with the Office of Federal
      Procurement Policy and the Office of Government Ethics,
      procedures to ensure that federally funded research and
      development centers (as defined in subsection (e)(8) of this
      section) that participate in STTR agreements - 
          (A) are free from organizational conflicts of interests
        relative to the STTR program;
          (B) do not use privileged information gained through work
        performed for an STTR agency or private access to STTR agency
        personnel in the development of an STTR proposal; and
          (C) use outside peer review, as appropriate;

        (13) not later than July 31, 1993, develop procedures for
      assessing the commercial merit and feasibility of STTR proposals,
      as evidenced by - 
          (A) the small business concern's record of successfully
        commercializing STTR or other research;
          (B) the existence of second phase funding commitments from
        private sector or non-STTR funding sources;
          (C) the existence of third phase follow-on commitments for
        the subject of the research; and
          (D) the presence of other indicators of the commercial
        potential of the idea;

        (14) implement an outreach program to research institutions and
      small business concerns for the purpose of enhancing its STTR
      program, in conjunction with any such outreach done for purposes
      of the SBIR program;
        (15) collect, and maintain in a common format in accordance
      with subsection (v) of this section, such information from
      awardees as is necessary to assess the STTR program, including
      information necessary to maintain the database described in
      subsection (k) of this section; and
        (16) provide for and fully implement the tenets of Executive
      Order No. 13329 (Encouraging Innovation in Manufacturing).
    (p) STTR policy directive
      (1) Issuance
        The Administrator shall issue a policy directive for the
      general conduct of the STTR programs within the Federal
      Government. Such policy directive shall be issued after
      consultation with - 
          (A) the heads of each of the Federal agencies required by
        subsection (n) of this section to establish an STTR program;
          (B) the Under Secretary of Commerce for Intellectual Property
        and Director of the United States Patent and Trademark Office;
        and
          (C) the Director of the Office of Federal Procurement Policy.
      (2) Contents
        The policy directive required by paragraph (1) shall provide
      for - 
          (A) simplified, standardized, and timely STTR solicitations;
          (B) a simplified, standardized funding process that provides
        for - 
            (i) the timely receipt and review of proposals;
            (ii) outside peer review, if appropriate;
            (iii) protection of proprietary information provided in
          proposals;
            (iv) selection of awardees;
            (v) retention by a small business concern of the rights to
          data generated by the concern in the performance of an STTR
          award for a period of not less than 4 years;
            (vi) continued use by a small business concern, as a
          directed bailment, of any property transferred by a Federal
          agency to the small business concern in the second phase of
          the STTR program for a period of not less than 2 years,
          beginning on the initial date of the concern's participation
          in the third phase of such program;
            (vii) cost sharing;
            (viii) cost principles and payment schedules; and
            (ix) 1-year awards for the first phase of an STTR program,
          generally not to exceed $100,000, and 2-year awards for the
          second phase of an STTR program, generally not to exceed
          $750,000, greater or lesser amounts to be awarded at the
          discretion of the awarding agency, and shorter or longer
          periods of time to be approved at the discretion of the
          awarding agency where appropriate for a particular project;

          (C) minimizing regulatory burdens associated with
        participation in STTR programs;
          (D) guidelines for a model agreement, to be used by all
        agencies, for allocating between small business concerns and
        research institutions intellectual property rights and rights,
        if any, to carry out follow-on research, development, or
        commercialization;
          (E) procedures to ensure that - 
            (i) a recipient of an STTR award is a small business
          concern, as defined in section 632 of this title and the
          regulations promulgated thereunder; and
            (ii) such small business concern exercises management and
          control of the performance of the STTR funding agreement
          pursuant to a business plan providing for the
          commercialization of the technology that is the subject
          matter of the award; and

          (F) procedures to ensure, to the extent practicable, that an
        agency which intends to pursue research, development, or
        production of a technology developed by a small business
        concern under an STTR program enters into follow-on, non-STTR
        funding agreements with the small business concern for such
        research, development, or production.
      (3) Modifications
        Not later than 120 days after October 15, 2001, the
      Administrator shall modify the policy directive issued pursuant
      to this subsection to clarify that the rights provided for under
      paragraph (2)(B)(v) apply to all Federal funding awards under
      this section, including the first phase (as described in
      subsection (e)(6)(A) of this section), the second phase (as
      described in subsection (e)(6)(B) of this section), and the third
      phase (as described in subsection (e)(6)(C) of this section).
    (q) Discretionary technical assistance
      (1) In general
        Each Federal agency required by this section to conduct an SBIR
      program may enter into an agreement with a vendor selected under
      paragraph (2) to provide small business concerns engaged in SBIR
      projects with technical assistance services, such as access to a
      network of scientists and engineers engaged in a wide range of
      technologies, or access to technical and business literature
      available through on-line data bases, for the purpose of
      assisting such concerns in - 
          (A) making better technical decisions concerning such
        projects;
          (B) solving technical problems which arise during the conduct
        of such projects;
          (C) minimizing technical risks associated with such projects;
        and
          (D) developing and commercializing new commercial products
        and processes resulting from such projects.
      (2) Vendor selection
        Each agency may select a vendor to assist small business
      concerns to meet the goals listed in paragraph (1) for a term not
      to exceed 3 years. Such selection shall be competitive and shall
      utilize merit-based criteria.
      (3) Additional technical assistance
        (A) First phase
          Each agency referred to in paragraph (1) may provide services
        described in paragraph (1) to first phase SBIR award recipients
        in an amount equal to not more than $4,000, which shall be in
        addition to the amount of the recipient's award.
        (B) Second phase
          Each agency referred to in paragraph (1) may authorize any
        second phase SBIR award recipient to purchase, with funds
        available from their SBIR awards, services described in
        paragraph (1), in an amount equal to not more than $4,000 per
        year.
    (r) Third phase agreements
      (1) In general
        In the case of a small business concern that is awarded a
      funding agreement for the second phase of an SBIR or STTR
      program, a Federal agency may enter into a third phase agreement
      with that business concern for additional work to be performed
      during or after the second phase period. The second phase funding
      agreement with the small business concern may, at the discretion
      of the agency awarding the agreement, set out the procedures
      applicable to third phase agreements with that agency or any
      other agency.
      (2) "Third phase agreement" defined
        In this subsection, the term "third phase agreement" means a
      follow-on, non-SBIR or non-STTR funded contract as described in
      paragraph (4)(C) or paragraph (6)(C) of subsection (e) of this
      section.
      (3) Intellectual property rights
        Each funding agreement under an SBIR or STTR program shall
      include provisions setting forth the respective rights of the
      United States and the small business concern with respect to
      intellectual property rights and with respect to any right to
      carry out follow-on research.
    (s) Repealed. Pub. L. 105-135, title V, Sec. 501(b)(2), Dec. 2,
      1997, 111 Stat. 2622
    (t) Inclusion in strategic plans
      Program information relating to the SBIR and STTR programs shall
    be included by each Federal agency in any update or revision
    required of the Federal agency under section 306(b) of title 5.
    (u) Coordination of technology development programs
      (1) Definition of technology development program
        In this subsection, the term "technology development program"
      means - 
          (A) the Experimental Program to Stimulate Competitive
        Research of the National Science Foundation, as established
        under section 1862g of title 42;
          (B) the Defense Experimental Program to Stimulate Competitive
        Research of the Department of Defense;
          (C) the Experimental Program to Stimulate Competitive
        Research of the Department of Energy;
          (D) the Experimental Program to Stimulate Competitive
        Research of the Environmental Protection Agency;
          (E) the Experimental Program to Stimulate Competitive
        Research of the National Aeronautics and Space Administration;
          (F) the Institutional Development Award Program of the
        National Institutes of Health; and
          (G) the National Research Initiative Competitive Grants
        Program of the Department of Agriculture.
      (2) Coordination requirements
        Each Federal agency that is subject to subsection (f) of this
      section and that has established a technology development program
      may, in each fiscal year, review for funding under that
      technology development program - 
          (A) any proposal to provide outreach and assistance to one or
        more small business concerns interested in participating in the
        SBIR program, including any proposal to make a grant or loan to
        a company to pay a portion or all of the cost of developing an
        SBIR proposal, from an entity, organization, or individual
        located in - 
            (i) a State that is eligible to participate in that
          program; or
            (ii) a State described in paragraph (3); or

          (B) any proposal for the first phase of the SBIR program, if
        the proposal, though meritorious, is not funded through the
        SBIR program for that fiscal year due to funding restraints,
        from a small business concern located in - 
            (i) a State that is eligible to participate in a technology
          development program; or
            (ii) a State described in paragraph (3).
      (3) Additionally eligible State
        A State referred to in subparagraph (A)(ii) or (B)(ii) of
      paragraph (2) is a State in which the total value of contracts
      awarded to small business concerns under all SBIR programs is
      less than the total value of contracts awarded to small business
      concerns in a majority of other States, as determined by the
      Administrator in biennial fiscal years, beginning with fiscal
      year 2000, based on the most recent statistics compiled by the
      Administrator.
    (v) Simplified reporting requirements
      The Administrator shall work with the Federal agencies required
    by this section to have an SBIR or STTR program to standardize
    reporting requirements for the collection of data from SBIR or STTR
    applicants and awardees, including data for inclusion in the
    database under subsection (k) of this section, taking into
    consideration the unique needs of each agency, and to the extent
    possible, permitting the updating of previously reported
    information by electronic means. Such requirements shall be
    designed to minimize the burden on small businesses.
    (w) STTR model agreement for intellectual property rights
      (1) In general
        The Administrator shall promulgate regulations establishing a
      single model agreement for use in the STTR program that allocates
      between small business concerns and research institutions
      intellectual property rights and rights, if any, to carry out
      follow-on research, development, or commercialization.
      (2) Opportunity for comment
        In promulgating regulations under paragraph (1), the
      Administrator shall provide to affected agencies, small business
      concerns, research institutions, and other interested parties the
      opportunity to submit written comments.
    (x) Research and development focus
      (1) Revision and update of criteria and procedures of
        identification
        In carrying out subsection (g) of this section, the Secretary
      of Defense shall, not less often than once every 4 years, revise
      and update the criteria and procedures utilized to identify areas
      of the research and development efforts of the Department of
      Defense which are suitable for the provision of funds under the
      Small Business Innovation Research Program and the Small Business
      Technology Transfer Program.
      (2) Utilization of plans
        The criteria and procedures described in paragraph (1) shall be
      developed through the use of the most current versions of the
      following plans:
          (A) The Joint Warfighting Science and Technology Plan
        required under section 270 of the National Defense
        Authorization Act for Fiscal Year 1997 (Public Law 104-201; 10
        U.S.C. 2501 note).
          (B) The Defense Technology Area Plan of the Department of
        Defense.
          (C) The Basic Research Plan of the Department of Defense.
      (3) Input in identification of areas of effort
        The criteria and procedures described in paragraph (1) shall
      include input in the identification of areas of research and
      development efforts described in that paragraph from Department
      of Defense program managers (PMs) and program executive officers
      (PEOs).
    (y) Commercialization Pilot Program
      (1) In general
        The Secretary of Defense and the Secretary of each military
      department is authorized to create and administer a
      "Commercialization Pilot Program" to accelerate the transition of
      technologies, products, and services developed under the Small
      Business Innovation Research Program to Phase III, including the
      acquisition process.
      (2) Identification of research programs for accelerated
        transition to acquisition process
        In carrying out the Commercialization Pilot Program, the
      Secretary of Defense and the Secretary of each military
      department shall identify research programs of the Small Business
      Innovation Research Program that have the potential for rapid
      transitioning to Phase III and into the acquisition process.
      (3) Limitation
        No research program may be identified under paragraph (2)
      unless the Secretary of the military department concerned
      certifies in writing that the successful transition of the
      program to Phase III and into the acquisition process is expected
      to meet high priority military requirements of such military
      department.
      (4) Funding
        For payment of expenses incurred to administer the
      Commercialization Pilot Program under this subsection, the
      Secretary of Defense and each Secretary of a military department
      is authorized to use not more than an amount equal to 1 percent
      of the funds available to the Department of Defense or the
      military department pursuant to the Small Business Innovation
      Research Program. Such funds - 
          (A) shall not be subject to the limitations on the use of
        funds in subsection (f)(2) of this section; and
          (B) shall not be used to make Phase III awards.
      (5) Evaluative report
        At the end of each fiscal year, the Secretary of Defense shall
      submit to the Committee on Armed Services and the Committee on
      Small Business and Entrepreneurship of the Senate and the
      Committee on Armed Services and the Committee on Small Business
      of the House of Representatives an evaluative report regarding
      activities under the Commercialization Pilot Program. The report
      shall include - 
          (A) an accounting of the funds used in the Commercialization
        Pilot Program;
          (B) a detailed description of the Commercialization Pilot
        Program, including incentives and activities undertaken by
        acquisition program managers, program executive officers, and
        prime contractors; and
          (C) a detailed compilation of results achieved by the
        Commercialization Pilot Program, including the number of small
        business concerns assisted and the number of projects
        commercialized.
      (6) Sunset
        The pilot program under this subsection shall terminate at the
      end of fiscal year 2009.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[9], July 18, 1958, 72 Stat. 391; Pub. L. 97-
    219, Secs. 3-5, July 22, 1982, 96 Stat. 217, 218, 221; Pub. L. 99-
    443, Secs. 1, 2, Oct. 6, 1986, 100 Stat. 1120; Pub. L. 100-590,
    title I, Sec. 108, Nov. 3, 1988, 102 Stat. 2994; Pub. L. 102-484,
    div. D, title XLII, Sec. 4237(d), Oct. 23, 1992, 106 Stat. 2692;
    Pub. L. 102-564, title I, Secs. 103, 104, title II, Sec. 202(a)-
    (c), title III, Secs. 301(a), 305, Oct. 28, 1992, 106 Stat. 4250,
    4254, 4256, 4257, 4261, 4262; Pub. L. 103-403, title VI, Sec. 607,
    Oct. 22, 1994, 108 Stat. 4204; Pub. L. 104-208, div. D, title I,
    Sec. 110, Sept. 30, 1996, 110 Stat. 3009-733; Pub. L. 105-135,
    title V, Sec. 501, Dec. 2, 1997, 111 Stat. 2620; Pub. L. 106-113,
    div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(5)], Nov. 29, 1999,
    113 Stat. 1536, 1501A-583; Pub. L. 106-554, Sec. 1(a)(9) [title I,
    Secs. 103-107, 109, 110, 111(c), 113, 114(b)], Dec. 21, 2000, 114
    Stat. 2763, 2763A-669, 2763A-673, 2763A-679, 2763A-681; Pub. L. 107-
    50, Secs. 2, 3(a), 4-7, Oct. 15, 2001, 115 Stat. 263-265; Pub. L.
    108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109-163,
    div. A, title II, Sec. 252, Jan. 6, 2006, 119 Stat. 3177.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Executive Order 13329, referred to in subsecs. (b)(8), (g)(11),
    and (o)(16), is set out as a note under this section.
      The Federal Trade Commission Act, referred to in subsec. (d)(3),
    is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of this title. For complete classification of this Act to the Code,
    see section 58 of this title and Tables.
      Executive Order 12333, referred to in subsec. (e)(2), is set out
    as a note under section 401 of Title 50, War and National Defense.
      Section 421(c)(1) of title 41, referred to in subsec. (e)(8), was
    in the original "section 35(c)(1) of the Office of Federal
    Procurement Policy Act" which has been translated as meaning
    section 25(c)(1) of that Act to reflect the probable intent of
    Congress because that Act does not contain a section 35 and section
    25(c) of that Act relates to issuance of the Federal Acquisition
    Regulation.
      Section 6683 of title 42, referred to in subsecs. (g)(3)(A),
    (j)(2)(E)(i), and (o)(3)(A), was omitted from the Code.
      Section 2522 of title 10, referred to in subsecs. (g)(3)(B),
    (j)(2)(E)(ii), and (o)(3)(B), which related to annual defense
    critical technology plan, was repealed, and section 2518 (relating
    to Defense Advanced Manufacturing Technology Partnerships) was
    redesignated as section 2522, by Pub. L. 102-484, div. D, title
    XLII, Secs. 4202(a), 4232(a), Oct. 23, 1992, 106 Stat. 2659, 2687,
    and subsequently repealed.
      Section 105 of the Small Business Research and Development
    Enhancement Act of 1992, referred to in subsec. (j)(2)(I), is
    section 105 of Pub. L. 102-564, which is set out below.

-COD-
                               CODIFICATION                           
      Section 209 of act July 30, 1953, ch. 282, title II, 67 Stat.
    237, was previously classified to this section. See section 645 of
    this title and Codification note set out under section 631 of this
    title.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (b)(8). Pub. L. 109-163, Sec. 252(b)(1), added
    par. (8).
      Subsec. (e)(9). Pub. L. 109-163, Sec. 252(c), added par. (9).
      Subsec. (g)(11). Pub. L. 109-163, Sec. 252(b)(2), added par.
    (11).
      Subsec. (o)(16). Pub. L. 109-163, Sec. 252(b)(3), added par.
    (16).
      Subsecs. (x), (y). Pub. L. 109-163, Sec. 252(a), added subsecs.
    (x) and (y).
      2004 - Subsec. (j)(2)(I). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2001 - Subsec. (b)(4). Pub. L. 107-50, Sec. 2(b), struck out
    "pilot" before "programs;".
      Subsec. (b)(7). Pub. L. 107-50, Sec. 6(d), substituted ", (o)(9),
    and (o)(15) of this section, the number of proposals received from,
    and the number and total amount of awards to, HUBZone small
    business concerns under each of the SBIR and STTR programs," for
    "and (o)(9) of this section,".
      Subsec. (e)(6). Pub. L. 107-50, Sec. 2(b), struck out "pilot"
    before "program" in introductory provisions.
      Subsec. (k)(1). Pub. L. 107-50, Sec. 6(b)(1), inserted "or STTR"
    after "SBIR" in subpars. (A) to (C) and added subpar. (E).
      Subsec. (k)(2). Pub. L. 107-50, Sec. 6(b)(2)(A), (B), in
    introductory provisions, inserted "or an STTR program pursuant to
    subsection (n)(1) of this section" after "(f)(1) of this section"
    and substituted "exclusively for SBIR and STTR" for "solely for
    SBIR".
      Subsec. (k)(2)(A)(iii). Pub. L. 107-50, Sec. 6(b)(2)(C), inserted
    "and STTR" after "SBIR".
      Subsec. (k)(2)(D). Pub. L. 107-50, Sec. 6(b)(2)(D), inserted "or
    STTR" after "SBIR".
      Subsec. (n)(1). Pub. L. 107-50, Sec. 2(a), amended heading and
    text of par. (1) generally. Prior to amendment, text read as
    follows: "With respect to fiscal years 1998, 1999, 2000, and 2001,
    each Federal agency that has an extramural budget for research, or
    research and development, in excess of $1,000,000,000 for that
    fiscal year, is authorized to expend with small business concerns
    not less than 0.15 percent of that extramural budget specifically
    in connection with STTR programs that meet the requirements of this
    section and any policy directives and regulations issued under this
    section."
      Subsec. (o)(11). Pub. L. 107-50, Sec. 7(b), substituted "adopt
    the agreement developed by the Administrator under subsection (w)
    of this section as the agency's model agreement" for "develop a
    model agreement not later than July 31, 1993, to be approved by the
    Administration,".
      Subsec. (o)(14). Pub. L. 107-50, Sec. 4, added par. (14).
      Subsec. (o)(15). Pub. L. 107-50, Sec. 6(a), added par. (15).
      Subsec. (p)(2)(B)(ix). Pub. L. 107-50, Sec. 3, substituted
    "$750,000" for "$500,000" and inserted ", and shorter or longer
    periods of time to be approved at the discretion of the awarding
    agency where appropriate for a particular project" before the
    semicolon at the end.
      Subsec. (p)(3). Pub. L. 107-50, Sec. 5, added par. (3).
      Subsec. (v). Pub. L. 107-50, Sec. 6(c), inserted "or STTR" after
    "SBIR" in two places.
      Subsec. (w). Pub. L. 107-50, Sec. 7(a), added subsec. (w).
      2000 - Subsec. (b)(7). Pub. L. 106-554, Sec. 1(a)(9) [title I,
    Sec. 107(b)], inserted before period at end ", including the data
    on output and outcomes collected pursuant to subsections (g)(10)
    and (o)(9) of this section, and a description of the extent to
    which Federal agencies are providing in a timely manner information
    needed to maintain the database described in subsection (k) of this
    section".
      Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 104], substituted ",
    and to the Committee on Science and the Committee on Small Business
    of the House of Representatives," for "and the Committee on Small
    Business of the House of Representatives".
      Subsec. (e)(4)(C)(i). Pub. L. 106-554, Sec. 1(a)(9) [title I,
    Sec. 105], substituted "; or" for "; and" at end.
      Subsec. (g)(9). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    106], added par. (9).
      Subsec. (g)(10). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    107(a)], added par. (10).
      Subsec. (i). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 109],
    inserted subsec. heading, designated existing provisions as par.
    (1), inserted par. heading, and added par. (2).
      Subsec. (j)(3). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    110], added par. (3).
      Subsec. (k). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    107(c)], amended subsec. (k) generally, substituting present
    provisions for provisions which read "(k) [Reserved]".
      Subsec. (m). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 103],
    amended heading and text generally. Prior to amendment, text read
    as follows: "The authorization to carry out the Small Business
    Innovation Research Program under this section shall terminate on
    October 1, 2000."
      Subsec. (s)(2). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    114(b)], substituted "for each of the fiscal years 2000 through
    2005," for "for fiscal year 1998, 1999, 2000, or 2001".
      Subsec. (u). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
    111(c)], added subsec. (u).
      Subsec. (v). Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 113],
    added subsec. (v).
      1999 - Subsec. (p)(1)(B). Pub. L. 106-113 amended subpar. (B)
    generally. Prior to amendment, subpar. (B) read as follows: "the
    Commissioner of Patents and Trademarks; and".
      1997 - Subsec. (e)(4)(A). Pub. L. 105-135, Sec. 501(b)(1)(B),
    substituted "subparagraph (B)" for "subparagraph (B)(ii)".
      Subsec. (n)(1). Pub. L. 105-135, Sec. 501(a), added par. (1) and
    struck out heading and text of former par. (1). Text read as
    follows: "Each Federal agency which has an extramural budget for
    research or research and development in excess of $1,000,000,000 in
    fiscal year 1994, 1995, or 1996, is authorized to expend with small
    business concerns - 
        "(A) not less than 0.05 percent of such budget in fiscal year
      1994;
        "(B) not less than 0.1 percent of such budget in fiscal year
      1995; and
        "(C) not less than 0.15 percent of such budget in fiscal years
      1996 and 1997,
    specifically in connection with STTR programs which meet the
    requirements of this section, policy directives, and regulations
    issued under this section."
      Subsec. (o)(8) to (13). Pub. L. 105-135, Sec. 501(b)(1)(A), added
    pars. (8) and (9) and redesignated former pars. (8) to (11) as (10)
    to (13), respectively.
      Subsec. (s). Pub. L. 105-135, Sec. 501(b)(2), struck out subsec.
    (s), which related to outreach, including provisions defining
    eligible State and relating to program authority, amount of
    assistance, and use of assistance.
      Pub. L. 105-135, Sec. 501(b)(1)(C), added subsec. (s).
      Subsec. (t). Pub. L. 105-135, Sec. 501(b)(1)(C), added subsec.
    (t).
      1996 - Subsec. (n)(1)(C). Pub. L. 104-208 substituted "fiscal
    years 1996 and 1997" for "fiscal year 1996".
      1994 - Subsec. (q)(2). Pub. L. 103-403 amended heading and text
    of par. (2) generally. Prior to amendment, text read as follows:
    "Annually, each agency may select a vendor for purposes of this
    subsection using competitive, merit-based criteria, to assist small
    business concerns to meet the goals listed in paragraph (1)."
      1992 - Subsec. (b)(4). Pub. L. 102-564, Sec. 202(a)(1), inserted
    before semicolon at end "and small business technology transfer
    pilot programs".
      Subsec. (b)(5) to (7). Pub. L. 102-564, Sec. 202(a)(2), inserted
    "and STTR" after "SBIR" wherever appearing.
      Subsec. (e)(1). Pub. L. 102-564, Sec. 103(c), substituted "for
    the Department of Energy it shall not include amounts obligated for
    atomic energy defense programs solely for weapons activities or for
    naval reactor programs" for "for the Department of Defense it shall
    not include amounts obligated solely for operational systems
    development".
      Pub. L. 102-484, Sec. 4237(d)(1), (2)(A), (h)(2), temporarily
    amended par. (1) by striking out "except that for the Department of
    Defense it shall not include amounts obligated solely for
    operational systems development, and" after "Government-operated
    facilities," and substituting ", and except that for the Department
    of Energy it shall not include amounts obligated for atomic energy
    defense programs for weapons and weapons-related activities or for
    naval reactor programs;" for semicolon at end. See section
    4237(h)(2) of Pub. L. 102-484 set out in a Small Business
    Innovation Research Program in Department of Defense note below.
      Subsec. (e)(4)(A). Pub. L. 102-564, Sec. 103(a)(1), inserted
    "that appear to have commercial potential, as described in
    subparagraph (B)(ii)," after "ideas".
      Subsec. (e)(4)(B). Pub. L. 102-564, Sec. 103(a)(2), added subpar.
    (B) and struck out former subpar. (B) which read as follows: "a
    second phase to further develop the proposed ideas to meet the
    particular program needs, the awarding of which shall take into
    consideration the scientific and technical merit and feasibility
    evidenced by the first phase and, where two or more proposals are
    evaluated as being of approximately equal scientific and technical
    merit and feasibility, special consideration shall be given to
    those proposals that have demonstrated third phase, non-Federal
    capital commitments; and".
      Subsec. (e)(4)(C). Pub. L. 102-564, Sec. 103(a)(2), added subpar.
    (C) and struck out former subpar. (C) which read as follows: "where
    appropriate, a third phase in which non-Federal capital pursues
    commercial applications of the research or research and development
    and which may also involve follow-on non-SBIR funded production
    contracts with a Federal agency for products or processes intended
    for use by the United States Government; and".
      Subsec. (e)(6) to (8). Pub. L. 102-564, Sec. 202(b), added pars.
    (6) to (8).
      Subsec. (f). Pub. L. 102-564, Sec. 103(b), amended subsec. (f)
    generally. Prior to amendment, subsec. (f) consisted of pars. (1)
    and (2) relating to Federal agency extramural budget expenditures
    for fiscal years 1982 and thereafter for small business concerns in
    connection with small business innovation research programs meeting
    the requirements of the Small Business Innovation Development Act
    of 1982.
      Subsec. (f)(2). Pub. L. 102-484, Sec. 4237(d)(2)(B), (h)(2),
    temporarily struck out par. (2) which read "Amounts appropriated
    for atomic energy defense programs of the Department of Energy
    shall for the purposes of paragraph (1) be excluded from the amount
    of the research or research and development budget of that
    Department." See section 4237(h)(2) of Pub. L. 102-484 set out in a
    Small Business Innovation Research Program in Department of Defense
    note below.
      Subsec. (g)(3), (4). Pub. L. 102-564, Sec. 103(d), added par. (3)
    and redesignated former par. (3) as (4). Former par. (4)
    redesignated (5).
      Subsec. (g)(5). Pub. L. 102-564, Sec. 103(d)(1), (h)(2), (i),
    redesignated par. (4) as (5) and inserted "subject to subsection
    (l) of this section," before "unilaterally" and "and inform each
    awardee under such an agreement, to the extent possible, of the
    expenses of the awardee that will be allowable under the funding
    agreement" before semicolon at end. Former par. (5) redesignated
    (6).
      Subsec. (g)(6). Pub. L. 102-564, Sec. 103(d)(1), redesignated
    par. (5) as (6). Former par. (6) redesignated (7).
      Subsec. (g)(7). Pub. L. 102-564, Sec. 103(d)(1), (e),
    redesignated par. (6) as (7) and inserted before semicolon at end
    "and, in all cases, make payment to recipients under such
    agreements in full, subject to audit, on or before the last day of
    the 12-month period beginning on the date of completion of such
    requirements". Former par. (7) redesignated (8).
      Subsec. (g)(8). Pub. L. 102-564, Sec. 103(d)(1), redesignated
    par. (7) as (8).
      Subsec. (j). Pub. L. 102-564, Sec. 103(f), designated existing
    provisions as par. (1) and inserted heading, redesignated former
    pars. (1) and (2) as subpars. (A) and (B), respectively, of par.
    (1), former subpars. (A) to (H) of former par. (2) as cls. (i) to
    (viii), respectively, of subpar. (B) of par. (1), and former pars.
    (3) to (7) as subpars. (C) to (G), respectively, of par. (1), and
    added par. (2).
      Subsec. (k). Pub. L. 102-564, Sec. 103(g), amended subsec. (k)
    generally, substituting "(k) [Reserved]" for prior provisions of
    subsec. (k) which read as follows: "The Director of the Office of
    Science and Technology Policy, in consultation with the Federal
    Coordinating Council for Science, Engineering and Research, shall,
    in addition to such other responsibilities imposed upon him by the
    Small Business Innovation Development Act of 1982 - 
        "(1) independently survey and monitor all phases of the
      implementation and operation of SBIR programs within agencies
      required to establish an SBIR program, including compliance with
      the expenditures of funds according to the requirements of
      subsection (f) of this section; and
        "(2) report not less than annually, and at such other times as
      the Director may deem appropriate, to the Committees on Small
      Business of the Senate and the House of Representatives on all
      phases of the implementation and operation of SBIR programs
      within agencies required to establish an SBIR program, together
      with such recommendations as the Director may deem appropriate."
      Subsec. (l). Pub. L. 102-564, Sec. 103(h)(1), added subsec. (l).
      Subsec. (m). Pub. L. 102-564, Sec. 104(b), added subsec. (m).
      Subsecs. (n) to (p). Pub. L. 102-564, Sec. 202(c), added subsecs.
    (n) to (p).
      Subsec. (q). Pub. L. 102-564, Sec. 301(a), added subsec. (q).
      Subsec. (r). Pub. L. 102-564, Sec. 305, added subsec. (r).
      1988 - Subsec. (j)(6), (7). Pub. L. 100-590 added pars. (6) and
    (7).
      1986 - Subsec. (e)(1). Pub. L. 99-443, Sec. 1, inserted provision
    that for the Department of Defense, the extramural budget shall not
    include amounts obligated solely for operational systems
    development.
      1982 - Subsec. (b)(4) to (7). Pub. L. 97-219, Sec. 3, added pars.
    (4) to (7).
      Subsecs. (e) to (k). Pub. L. 97-219, Sec. 4, added subsecs. (e)
    to (k).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                     EFFECTIVE DATE OF 2001 AMENDMENT                 
      Pub. L. 107-50, Sec. 3(b), Oct. 15, 2001, 115 Stat. 263, provided
    that: "The amendments made by subsection (a) [amending this
    section] shall be effective beginning in fiscal year 2004."

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

             EFFECTIVE AND TERMINATION DATES OF 1997 AMENDMENT         
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.
      Section 501(b)(2) of Pub. L. 105-135, as amended by Pub. L. 106-
    554, Sec. 1(a)(9) [title I, Sec. 114(a)], Dec. 21, 2000, 114 Stat.
    2763, 2763A-681, provided that: "Effective October 1, 2005, section
    9(s) of the Small Business Act [15 U.S.C. 638(s)] (as added by
    paragraph (1) of this subsection) is repealed."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-208 effective Oct. 1, 1996, see section
    3 of Pub. L. 104-208, set out as a note under section 633 of this
    title.

             EFFECTIVE AND TERMINATION DATES OF 1992 AMENDMENT         
      For effective and termination dates of amendment by Pub. L. 102-
    484, see section 4237(g) and (h) of Pub. L. 102-484, set out in a
    Small Business Innovation Research Program in Department of Defense
    note below.

                    TERMINATION DATE OF 1982 AMENDMENT                
      Section 5 of Pub. L. 97-219, as amended by Pub. L. 99-443, Sec.
    2, Oct. 6, 1986, 100 Stat. 1120; Pub. L. 102-484, div. D, title
    XLII, Sec. 4237(a), Oct. 23, 1992, 106 Stat. 2691, which provided
    that effective Oct. 1, 1993, subsecs. (b)(4) through (7) and (e)
    through (k) of this section were to be repealed, was repealed by
    Pub. L. 102-564, title I, Sec. 104(a), Oct. 28, 1992, 106 Stat.
    4254.

           CONTINUATION OF SBIR PROGRAM BEYOND TERMINATION DATE       
      Pub. L. 106-554, Sec. 1(a)(4) [div. B, title I, Sec. 149], Dec.
    21, 2000, 114 Stat. 2763, 2763A-251, provided that: "The Small
    Business Innovation Research program, otherwise expiring at the end
    of fiscal year 2000, is authorized to continue in effect during
    fiscal year 2001."

    CONGRESSIONAL FINDINGS: SMALL BUSINESS INNOVATION RESEARCH PROGRAM
                        REAUTHORIZATION ACT OF 2000
      Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 102], Dec. 21, 2000,
    114 Stat. 2763, 2763A-668, provided that: "Congress finds that - 
        "(1) the small business innovation research program established
      under the Small Business Innovation Development Act of 1982 [see
      Short Title of 1982 Amendment note set out under section 631 of
      this title], and reauthorized by the Small Business Research and
      Development Enhancement Act of 1992 [see Short Title of 1992
      Amendments note set out under section 631 of this title] (in this
      title [see Short Title of 2000 Amendment note set out under
      section 631 of this title] referred to as the 'SBIR program') is
      highly successful in involving small businesses in federally
      funded research and development;
        "(2) the SBIR program made the cost-effective and unique
      research and development capabilities possessed by the small
      businesses of the Nation available to Federal agencies and
      departments;
        "(3) the innovative goods and services developed by small
      businesses that participated in the SBIR program have produced
      innovations of critical importance in a wide variety of high-
      technology fields, including biology, medicine, education, and
      defense;
        "(4) the SBIR program is a catalyst in the promotion of
      research and development, the commercialization of innovative
      technology, the development of new products and services, and the
      continued excellence of this Nation's high-technology industries;
      and
        "(5) the continuation of the SBIR program will provide expanded
      opportunities for one of the Nation's vital resources, its small
      businesses, will foster invention, research, and technology, will
      create jobs, and will increase this Nation's competitiveness in
      international markets."

                     NATIONAL RESEARCH COUNCIL REPORTS                 
      Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 108], Dec. 21, 2000,
    114 Stat. 2763, 2763A-671, provided that:
      "(a) Study and Recommendations. - The head of each agency with a
    budget of more than $50,000,000 for its SBIR program for fiscal
    year 1999, in consultation with the Small Business Administration,
    shall, not later than 6 months after the date of the enactment of
    this Act [Dec. 21, 2000], cooperatively enter into an agreement
    with the National Academy of Sciences for the National Research
    Council to - 
        "(1) conduct a comprehensive study of how the SBIR program has
      stimulated technological innovation and used small businesses to
      meet Federal research and development needs, including - 
          "(A) a review of the value to the Federal research agencies
        of the research projects being conducted under the SBIR
        program, and of the quality of research being conducted by
        small businesses participating under the program, including a
        comparison of the value of projects conducted under the SBIR
        program to those funded by other Federal research and
        development expenditures;
          "(B) to the extent practicable, an evaluation of the economic
        benefits achieved by the SBIR program, including the economic
        rate of return, and a comparison of the economic benefits,
        including the economic rate of return, achieved by the SBIR
        program with the economic benefits, including the economic rate
        of return, of other Federal research and development
        expenditures;
          "(C) an evaluation of the noneconomic benefits achieved by
        the SBIR program over the life of the program;
          "(D) a comparison of the allocation for fiscal year 2000 of
        Federal research and development funds to small businesses with
        such allocation for fiscal year 1983, and an analysis of the
        factors that have contributed to such allocation; and
          "(E) an analysis of whether Federal agencies, in fulfilling
        their procurement needs, are making sufficient effort to use
        small businesses that have completed a second phase award under
        the SBIR program; and
        "(2) make recommendations with respect to - 
          "(A) measures of outcomes for strategic plans submitted under
        section 306 of title 5, United States Code, and performance
        plans submitted under section 1115 of title 31, United States
        Code, of each Federal agency participating in the SBIR program;
          "(B) whether companies who can demonstrate project
        feasibility, but who have not received a first phase award,
        should be eligible for second phase awards, and the potential
        impact of such awards on the competitive selection process of
        the program;
          "(C) whether the Federal Government should be permitted to
        recoup some or all of its expenses if a controlling interest in
        a company receiving an SBIR award is sold to a foreign company
        or to a company that is not a small business concern;
          "(D) how to increase the use by the Federal Government in its
        programs and procurements of technology-oriented small
        businesses; and
          "(E) improvements to the SBIR program, if any are considered
        appropriate.
      "(b) Participation by Small Business. - 
        "(1) In general. - In a manner consistent with law and with
      National Research Council study guidelines and procedures,
      knowledgeable individuals from the small business community with
      experience in the SBIR program shall be included - 
          "(A) in any panel established by the National Research
        Council for the purpose of performing the study conducted under
        this section; and
          "(B) among those who are asked by the National Research
        Council to peer review the study.
        "(2) Consultation. - To ensure that the concerns of small
      business are appropriately considered under this subsection, the
      National Research Council shall consult with and consider the
      views of the Office of Technology and the Office of Advocacy of
      the Small Business Administration and other interested parties,
      including entities, organizations, and individuals actively
      engaged in enhancing or developing the technological capabilities
      of small business concerns.
      "(c) Progress Reports. - The National Research Council shall
    provide semiannual progress reports on the study conducted under
    this section to the Committee on Science and the Committee on Small
    Business of the House of Representatives, and to the Committee on
    Small Business [now Committee on Small Business and
    Entrepreneurship] of the Senate.
      "(d) Report. - The National Research Council shall transmit to
    the heads of agencies entering into an agreement under this section
    and to the Committee on Science and the Committee on Small Business
    of the House of Representatives, and to the Committee on Small
    Business [now Committee on Small Business and Entrepreneurship] of
    the Senate - 
        "(1) not later than 3 years after the date of the enactment of
      this Act [Dec. 21, 2000], a report including the results of the
      study conducted under subsection (a)(1) and recommendations made
      under subsection (a)(2); and
        "(2) not later than 6 years after that date of the enactment,
      an update of such report."

     CONGRESSIONAL FINDINGS AND PURPOSES: SMALL BUSINESS RESEARCH AND
                    DEVELOPMENT ENHANCEMENT ACT OF 1992
      Section 102 of title I of Pub. L. 102-564 provided that:
      "(a) Findings. - The Congress finds that - 
        "(1) the small business innovation research program established
      under the Small Business Innovation Development Act of 1982 [see
      Short Title of 1982 Amendment note set out under section 631 of
      this title] (hereafter in this Act [see Short Title of 1992
      Amendments note set out under section 631 of this title] referred
      to as the 'SBIR' program) has been a successful method of
      involving small business concerns in Federal research and
      development;
        "(2) the small business innovation research program has been an
      effective catalyst for the development of technological
      innovations by small business concerns;
        "(3) small business innovation research program participants
      have provided high quality research and development in a cost-
      effective manner;
        "(4) the innovative products and services developed by small
      business concerns participating in the small business innovation
      research program have been important to the national defense, as
      well as to the missions of the other participating Federal
      agencies;
        "(5) the small business innovation research program has
      effectively stimulated the commercialization of technology
      developed through Federal research and development, benefiting
      both the public and private sectors of the Nation;
        "(6) by encouraging the development and commercialization of
      technological innovations, the small business innovation research
      program has created jobs, expanded business opportunities for
      small firms, stimulated the development of new products and
      services, and improved the competitiveness of the Nation's high
      technology industries;
        "(7) the small business innovation research program has also
      helped to increase exports from small business concerns;
        "(8) despite the general success of the small business
      innovation research program, the proportion of Federal research
      and development funds received by small business concerns has not
      increased over the life of the program, but has remained at 3
      percent; and
        "(9) although the participating Federal agencies have
      successfully implemented most aspects of the small business
      innovation research program, additional outreach efforts are
      necessary to stimulate increased participation of socially and
      economically disadvantaged small business concerns.
      "(b) Purposes. - The purposes of this title [see Short Title of
    1992 Amendments note set out under section 631 of this title] are -
    
        "(1) to expand and improve the small business innovation
      research program;
        "(2) to emphasize the program's goal of increasing private
      sector commercialization of technology developed through Federal
      research and development;
        "(3) to increase small business participation in Federal
      research and development; and
        "(4) to improve the Federal Government's dissemination of
      information concerning the small business innovation research
      program, particularly with regard to program participation by
      women-owned small business concerns and by socially and
      economically disadvantaged small business concerns."

                  RECOMMENDATIONS OF SECRETARY OF DEFENSE              
      Section 106 of Pub. L. 102-564 provided that: "Not later than
    March 31, 1996, the Secretary of Defense shall submit a
    recommendation to the Congress addressing whether there has been a
    demonstrable reduction in the quality of research performed under
    the SBIR program since the beginning of fiscal year 1993, such that
    increasing the percentage under section 9(f)(1)(C) of the Small
    Business Act [15 U.S.C. 638(f)(1)(C)] (as amended by section 103 of
    this Act) would adversely affect the performance of the research
    programs of the Department of Defense."

                  TIMING OF ISSUANCE OF POLICY DIRECTIVE              
      Section 202(d) of Pub. L. 102-564 provided that: "The policy
    directive required by section 9(p) of the Small Business Act [15
    U.S.C. 638(p)] (as added by subsection (c) of this section) shall
    be published - 
        "(1) in proposed form (with an opportunity for public comment
      of not less than 30 days), not later than April 30, 1993; and
        "(2) in final form, not later than July 31, 1993."

     SENSE OF CONGRESS CONCERNING AMERICAN-MADE EQUIPMENT AND PRODUCTS 
      Section 306 of Pub. L. 102-564 provided that:
      "(a) Purchase of American-Made Equipment and Products. - It is
    the sense of the Congress that an entity that is awarded a funding
    agreement under the SBIR program of a Federal agency under section
    9 of the Small Business Act [15 U.S.C. 638] should, when purchasing
    any equipment or a product with funds provided through the funding
    agreement, purchase only American-made equipment and products, to
    the extent possible in keeping with the overall purposes of that
    program.
      "(b) Notice to SBIR Awardees. - Each Federal agency that awards
    funding agreements under the SBIR program shall provide to each
    recipient of such an award a notice describing the sense of the
    Congress, as set forth in subsection (a)."

    SMALL BUSINESS INNOVATION RESEARCH PROGRAM IN DEPARTMENT OF DEFENSE
      Section 4237 of Pub. L. 102-484 provided that:
      "(a) Extension of Program. - [Amended section 5 of Pub. L. 97-
    219, set out as a note above.]
      "(b) Limitation on Program Awards. - Amounts paid to a small
    business concern by the Department of Defense under the Small
    Business Innovation Research Program for a project - 
        "(1) in phase I under the program may not exceed $100,000; and
        "(2) in phase II under the program may not exceed $750,000.
      "(c) Commercial Applications Strategy. - Not later than 270 days
    after the date of the enactment of this Act [Oct. 23, 1992], the
    Secretary of Defense, in consultation with the Administrator of the
    Small Business Administration, shall develop and issue a strategy
    for effectuating the transition of successful projects under the
    Small Business Innovation Research Program from phase II under the
    program into phase III under the program.
      "(d) Repeal of Exclusion of Certain Activities. - [Amended this
    section.]
      "(e) Percentage of Required Expenditures for SBIR Contracts. -
    (1) The Small Business Innovation Research Program shall apply to
    the Department of Defense (including the military departments) as
    if the percentage specified in section 9(f)(1) of the Small
    Business Act (15 U.S.C. 638(f)(1)) with respect to fiscal years
    after fiscal year 1982 were determined in accordance with the table
    set forth in paragraph (2) (rather than 1.25 percent).
      "(2)(A) The percentage under section 9(f)(1) of the Small
    Business Act (15 U.S.C. 638(f)(1)) for any fiscal year for the
    Department of Defense and each military department shall be
    determined in accordance with the following table:


            "For fiscal year:                  The percentage is:       
    --------------------------------------------------------------------
      1993                              1.25                            
      1994                              1.5                             
      1995                              1.75                            
      1996                              2.0                             
      1997                              2.25                            
      1998 and thereafter               2.5.                            
    --------------------------------------------------------------------

      "(B) If the determination of the Secretary of Defense under
    subparagraph (C) is a negative determination (as set forth in that
    paragraph), then the percentage under section 9(f)(1) of the Small
    Business Act (15 U.S.C. 638(f)(1)) for the Department of Defense
    and each military department for fiscal years after fiscal year
    1996 shall remain at the level applicable for fiscal year 1996
    (notwithstanding the percentages specified in subparagraph (A) for
    fiscal years after fiscal year 1996).
      "(C) Not later than June 30, 1996, the Secretary of Defense
    during fiscal year 1996 shall determine whether there has been a
    demonstrable reduction in the quality of research performed under
    funding agreements awarded by the Department of Defense under the
    SBIR program since the beginning of fiscal year 1993 such that
    increasing the percentage under subparagraph (A) for fiscal years
    after fiscal year 1996 with respect to the department would
    adversely affect the performance of the department's research
    programs. If the determination of the Secretary is that there has
    been such a demonstrable reduction in the quality of research such
    that increasing the percentage under subparagraph (B) for fiscal
    years after fiscal year 1996 with respect to the department would
    adversely affect the performance of the department's research
    programs, the Secretary shall be considered for purposes of
    subparagraph (B) to have made a negative determination. The
    determination of the Secretary concerned under this paragraph shall
    be made after considering the assessment of the Comptroller General
    with respect to that department in the report transmitted under
    subparagraph (D).
      "(D) Not later than March 30, 1996, the Comptroller General shall
    transmit to the Congress and the Secretary of Defense a report
    setting forth the Comptroller General's assessment, with respect to
    the Department of Defense of whether there has been a demonstrable
    reduction in the quality of research performed under funding
    agreements awarded by the department under the SBIR program since
    the beginning of fiscal year 1993 such that increasing the
    percentage under subparagraph (A) for fiscal years after fiscal
    year 1996 with respect to the department would adversely affect the
    performance of the department's research programs.
      "(E) The results of each determination under subparagraph (C)
    shall be transmitted to the Congress not later than June 30, 1996.
      "(f) Definitions. - In this section:
        "(1) The term 'Small Business Innovation Research Program'
      means the program established under the following provisions of
      section 9 of the Small Business Act (15 U.S.C. 638):
          "(A) Paragraphs (4) through (7) of subsection (b).
          "(B) Subsections (e) through (k).
        "(2) The term 'phase I', with respect to the Small Business
      Innovation Research Program, means the first phase described in
      subsection (e)(4)(A) of section 9 of the Small Business Act.
        "(3) The term 'phase II', with respect to the Small Business
      Innovation Research Program, means the second phase described in
      subsection (e)(4)(B) of such section.
        "(4) The term 'phase III', with respect to the Small Business
      Innovation Research Program, means the third phase described in
      subsection (e)(4)(C) of such section.
      "(g) Effective Date. - Subject to subsection (h), this section,
    and the amendments made by this section, shall take effect on
    October 1, 1992, and shall apply with respect to fiscal years after
    fiscal year 1992.
      "(h) Effectiveness of Section Conditional on Failure to Enact
    Other Legislation. - (1) In the event of the enactment of H.R. 4400
    or S. 2941 [S. 2941 was enacted into law as Pub. L. 102-564 on Oct.
    28, 1992], 102d Congress, on or before the date of the enactment of
    this Act [Oct. 23, 1992], then this section and the amendments made
    by this section shall not take effect.
      "(2)(A) In the event of the enactment of H.R. 4400 or S. 2941,
    102d Congress, after the date of the enactment of this Act, then,
    effective immediately before the enactment of H.R. 4400 or S. 2941,
    102d Congress - 
        "(i) this section shall cease to be effective; and
        "(ii) the provisions of a small business law that are amended
      by this section shall be effective and read as such provisions of
      that law were in effect immediately before the enactment of this
      Act, except that to the extent that any amendment is made to such
      a provision of a small business law by any other provision of law
      referred to in subparagraph (B), such provision of a small
      business law shall be effective and shall read as amended by that
      other provision of law.
      "(B) For the purposes of subparagraph (A)(ii), a provision of law
    referred to in this subparagraph is the following:
        "(i) A provision of this Act other than a provision of this
      section.
        "(ii) A provision of any other Act if the provision takes
      effect during the period beginning on the date of the enactment
      of this Act and ending immediately before the enactment of H.R.
      4400 or S. 2941, 102d Congress.
      "(C) In this paragraph, the term 'small business law' means - 
        "(i) the Small Business Act (15 U.S.C. 631 et seq.); and
        "(ii) the Small Business Innovation Development Act of 1982
      [Pub. L. 97-219] (15 U.S.C. 638 note)."

     USE OF DEPARTMENT OF AGRICULTURE EXTRAMURAL BUDGET FUNDS IN SMALL
                   BUSINESS INNOVATION RESEARCH PROGRAM
      Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 630], Oct. 18, 1986,
    100 Stat. 1783, 1783-30, and Pub. L. 99-591, Sec. 101(a) [title VI,
    Sec. 630], Oct. 30, 1986, 100 Stat. 3341, 3341-30, provided that:
    "All funds appropriated for this fiscal year and all funds
    appropriated hereafter by this or any other Act that are determined
    to be part of the 'extramural budget' of the Department of
    Agriculture for any fiscal year for purposes of meeting the
    requirements of section 9 of the Small Business Act (15 U.S.C.
    638), as amended by the Small Business Innovation Development Act
    of 1982, Public Law 97-219, shall be available for contracts,
    grants or cooperative agreements with small business concerns for
    any purpose in furtherance of the small business innovation
    research program. Such funds may be transferred for such purpose
    from one appropriation to another or to a single account."

     CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE: SMALL BUSINESS
                    INNOVATION DEVELOPMENT ACT OF 1982
      Section 2 of Pub. L. 97-219 provided that:
      "(a) The Congress finds that - 
        "(1) technological innovation creates jobs, increases
      productivity, competition, and economic growth, and is a valuable
      counterforce to inflation and the United States balance-of-
      payments deficit;
        "(2) while small business is the principal source of
      significant innovations in the Nation, the vast majority of
      federally funded research and development is conducted by large
      businesses, universities, and Government laboratories; and
        "(3) small businesses are among the most cost-effective
      performers of research and development and are particularly
      capable of developing research and development results into new
      products.
      "(b) Therefore, the purposes of the Act [amending this section]
    are - 
        "(1) to stimulate technological innovation;
        "(2) to use small business to meet Federal research and
      development needs;
        "(3) to foster and encourage participation by minority and
      disadvantaged persons in technological innovation; and
        "(4) to increase private sector commercialization innovations
      derived from Federal research and development."

                      REPORTS OF COMPTROLLER GENERAL                  
      Section 105 of title I of Pub. L. 102-564 provided that:
      "(a) Interim Report. - 
        "(1) In general. - The Comptroller General of the United States
      shall submit to the Congress an interim report concerning the
      quality of research performed under SBIR program funding
      agreements entered into during fiscal year 1993 and thereafter.
      Copies of the interim report shall be furnished to each agency
      that has participated in the SBIR program in fiscal year 1993 or
      thereafter.
        "(2) Contents of report. - The Comptroller General shall
      include in the interim report required under paragraph (1) - 
          "(A) an assessment of the quality of the research performed
        under the SBIR program funding agreements entered into by each
        agency that has participated in the SBIR program beginning in
        fiscal year 1993 or thereafter, specifically addressing - 
            "(i) with respect to each such agency, whether or not there
          has been a demonstrable reduction in research quality; and
            "(ii) in the case of such reduction, whether an increase in
          each such agency's required SBIR participation in accordance
          with section 9(f)(1) of the Small Business Act [15 U.S.C.
          638(f)(1)] (as amended by subsection (b) of this section
          [probably should be section 103(b) of this Act]) would
          adversely affect the performance of the agency's research
          programs;
          "(B) an analysis of the program authorized by section 301 of
        the Small Business Research and Development Enhancement Act of
        1992 [amending this section], considering, among other things -
        
            "(i) the extent to which each SBIR agency has implemented
          the program and the extent to which the program has improved
          the quality of agency-sponsored research and development;
            "(ii) the effect of the program on recipient companies'
          ability to develop and commercialize technology;
            "(iii) the cost of the program and the average cost per
          recipient company; and
            "(iv) the extent to which SBIR companies continue to use
          the service after completion of the program; and
          "(C) such other factors as the Comptroller General may deem
        appropriate.
      "(b) Final Report. - The Comptroller General of the United States
    shall transmit to the Congress a final report containing - 
        "(1) a review of the progress made by Federal agencies in
      meeting the requirements of section 9(f) of the Small Business
      Act [15 U.S.C. 638(f)] (as amended by this Act), including
      increases in expenditures required by that subsection;
        "(2) an analysis of participation by small business concerns in
      the third phase of SBIR programs, including a systematic
      evaluation of the techniques adopted by Federal agencies to
      foster commercialization;
        "(3) an analysis of the extent to which awards under SBIR
      programs are made pursuant to section 9(l) of the Small Business
      Act (as added by section 103(h)) in cases in which a program
      solicitation receives only 1 proposal;
        "(4) an analysis of the extent to which awards in the first
      phase of the SBIR program are made to small business concerns
      that have received more than 15 second phase awards under the
      SBIR program in the preceding 5 fiscal years, considering - 
          "(A) the extent to which such concerns were able to secure
        Federal or private sector follow-on funding;
          "(B) the extent to which the research developed under such
        awards was commercialized; and
          "(C) the amount of commercialization of research developed
        under such awards, as compared to the amount of
        commercialization of SBIR research for the entire SBIR program;
        "(5) the results of periodic random audits of the extramural
      budget of each such Federal agency;
        "(6) a review of the extent to which the purposes of this title
      [see Short Title of 1992 Amendments note set out under section
      631 of this title] and the Small Business Innovation Development
      Act of 1982 [see Short Title of 1982 Amendment note set out under
      section 631 of this title] have been met with regard to fostering
      and encouraging the participation of women-owned small business
      concerns and socially and economically disadvantaged small
      business concerns (as defined in the Small Business Act [15
      U.S.C. 631 et seq.]) in technological innovation, in general, and
      the SBIR program, in particular;
        "(7) an analysis of the effectiveness of the SBIR program in
      promoting the development of the critical technologies identified
      by the Secretary of Defense and the National Critical
      Technologies Panel (or its successor), as described in
      subparagraph 9(j)(2)(E) of the Small Business Act;
        "(8) an analysis of the impact of agency application review
      periods and funding cycles on SBIR program awardees' financial
      status and ability to commercialize; and
        "(9) recommendations to the Congress for tracking the extent to
      which foreign firms, or United States firms with substantial
      foreign ownership interests, benefit from technology or products
      developed as a direct result of SBIR research or research and
      development.
      "(c) Dates of Submission. - The report required - 
        "(1) under subsection (a), shall be submitted to the Congress
      not later than March 31, 1995; and
        "(2) under subsection (b), shall be submitted to the Congress
      not later than 5 years after the date of enactment of this title
      [Oct. 28, 1992]."
      Section 202(e) of Pub. L. 102-564 provided that: "Not later than
    March 31, 1996, the Comptroller General of the United States shall
    submit a report to the Congress and the head of each agency that is
    required to make expenditures under the STTR program that - 
        "(1) sets forth the Comptroller General's assessment, with
      respect to each such agency, of - 
          "(A) the quality of research performed under funding
        agreements awarded by that agency under the STTR program since
        the beginning of the program;
          "(B) whether or not the STTR program has affected the
        performance of that agency's research programs; and
          "(C) the commercial potential of research conducted under the
        STTR program, if sufficient data is available;
        "(2) contains the Comptroller General's assessment as to the
      effects of the STTR program, if any, on the research quality and
      goals of the SBIR program; and
        "(3) determines the agencies and the federally-funded research
      and development centers' compliance with the procedures developed
      under section 9(g)(10) of the Small Business Act [probably
      9(o)(10); 15 U.S.C. 638(o)(10)], as amended by this section."
      Section 6 of Pub. L. 97-219, as amended by Pub. L. 99-443, Sec.
    3, Oct. 6, 1986, 100 Stat. 1120; Pub. L. 100-418, title VIII, Sec.
    8008, Aug. 23, 1988, 102 Stat. 1561; Pub. L. 100-647, title IX,
    Sec. 9003, Nov. 10, 1988, 102 Stat. 3808, provided that:
      "(a) The Comptroller General, no later than December 31, 1988,
    shall transmit a report to the appropriate committees of the House
    of Representatives and of the Senate evaluating the effectiveness
    to date of phase one and phase two of the SBIR Program as set out
    in section 9(e)(4) of the Small Business Act [15 U.S.C. 638(e)(4)].
    Such report shall examine the quality of the research supported by
    the SBIR Program compared to that traditionally supported by the
    affected agencies, and the extent to which the goals of the SBIR
    Program are being met. Such report shall also include the judgments
    of the heads of departments and agencies as to the effect of this
    Act [amending this section] on research programs.
      "(b) The Comptroller General, no later than December 31, 1991,
    shall transmit to such committees an update of the report mandated
    under subsection (a). Such report, in addition, shall include an
    evaluation of phase three of the SBIR Program including a
    discussion of the aggregate commercial trends for products which
    are then currently in or have completed phase three of the program.
      "(c) Not later than July 1, 1989, the Comptroller General shall
    transmit to the appropriate committees of the House of
    Representatives and the Senate recommendations as to the
    advisability of amending the Small Business Innovation Research
    program to - 
        "(1) increase each agency's share of research and development
      expenditures devoted to it by 0.25 percent per year, until it is
      3 percent of the total extramural research and development funds,
      and targeting a portion of the increment at products with
      commercialization or export potential;
        "(2) make the Small Business Innovation Research program
      permanent with a formal congressional review every 10 years,
      beginning in 1993;
        "(3) allocate a modest but appropriate share of each agency's
      Small Business Innovation Research fund for administrative
      purposes for effective management, quality maintenance, and the
      elimination of program delays; and
        "(4) include within the Small Business Innovation and Research
      program all agencies expending between $20,000,000 and
      $100,000,000 in extramural research and development funds
      annually."


-EXEC-
        EX. ORD. NO. 13329. ENCOURAGING INNOVATION IN MANUFACTURING    
      Ex. Ord. No. 13329, Feb. 24, 2004, 69 F.R. 9181, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Small
    Business Act, as amended (15 U.S.C. 631 et seq.), and to help
    ensure that Federal agencies properly and effectively assist the
    private sector in its manufacturing innovation efforts, it is
    hereby ordered as follows:
      Section 1. Policy. Continued technological innovation is critical
    to a strong manufacturing sector in the United States economy. The
    Federal Government has an important role, including through the
    Small Business Innovation Research (SBIR) and the Small Business
    Technology Transfer (STTR) programs, in helping to advance
    innovation, including innovation in manufacturing, through small
    businesses.
      Sec. 2. Duties of Department and Agency Heads. The head of each
    executive branch department or agency with one or more SBIR
    programs or one or more STTR programs shall:
      (a) to the extent permitted by law and in a manner consistent
    with the mission of that department or agency, give high priority
    within such programs to manufacturing-related research and
    development to advance the policy set forth in section 1 of this
    order; and
      (b) submit reports annually to the Administrator of the Small
    Business Administration and the Director of the Office of Science
    and Technology Policy concerning the efforts of such department or
    agency to implement subsection 2(a) of this order.
      Sec. 3. Duties of Administrator of the Small Business
    Administration. The Administrator of the Small Business
    Administration:
      (a) shall establish, after consultation with the Director of the
    Office of Science and Technology Policy, formats and schedules for
    submission of reports by the heads of departments and agencies
    under subsection 2(b) of this order; and
      (b) is authorized to issue to departments and agencies guidelines
    and directives (in addition to the formats and schedules under
    subsection 3(a)) as the Administrator determines from time to time
    are necessary to implement subsection 2(a) of this order, after
    such guidelines and directives are submitted to the President,
    through the Director of the Office of Science and Technology
    Policy, for approval and are approved by the President.
      Sec. 4. Definitions. As used in this order:
      (a) "Small Business Innovation Research (SBIR) program" means a
    program to which section 9(e)(4) of the Small Business Act (15
    U.S.C. 638(e)(4)) refers;
      (b) "Small Business Technology Transfer (STTR) program" means a
    program to which section 9(e)(6) of the Small Business Act (15
    U.S.C. 638(e)(6)) refers;
      (c) "research and development" means an activity set forth in
    section 9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5));
    and
      (d) "manufacturing-related" means relating to: (i) manufacturing
    processes, equipment and systems; or (ii) manufacturing workforce
    skills and protection.
      Sec. 5. General Provisions. (a) Nothing in this order shall be
    construed to impair or otherwise affect the authority of the
    Director of the Office of Management and Budget with respect to
    budget, administrative, or legislative proposals.
      (b) Nothing in this order shall be construed to require
    disclosure of information the disclosure of which is prohibited by
    law or by Executive Order, including Executive Order 12958 of April
    17, 1995, as amended [50 U.S.C. 435 note].
      (c) This order is intended only to improve the internal
    management of the executive branch and is not intended to, and does
    not, create any right or benefit, substantive or procedural,
    enforceable at law or in equity, against the United States, its
    departments, agencies, or other entities, its officers or
    employees, or any other person.
                                                         George W. Bush.

-FOOTNOTE-               

    (!1) So in original. The word "and" probably should not appear.

    (!2) See References in Text note below.

    (!3) See References in Text note below.

    (!4) So in original. Probably should be "subparagraph (B)".

    (!5) See References in Text note below.

    (!6) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 639                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 639. Reporting requirements and agency cooperation

-STATUTE-
    (a) Annual reports to President and Congressional officers and
      committees
      The Administration shall, as soon as practicable each fiscal year
    make a comprehensive annual report to the President, the President
    of the Senate, the Senate Select Committee on Small Business, and
    the Speaker of the House of Representatives. Such report shall
    include a description of the state of small business in the Nation
    and the several States, and a description of the operations of the
    Administration under this chapter, including, but not limited to,
    the general lending, disaster relief, Government regulation relief,
    procurement and property disposal, research and development,
    technical assistance, dissemination of data and information, and
    other functions under the jurisdiction of the Administration during
    the previous fiscal year. Such report shall contain recommendations
    for strengthening or improving such programs, or, when necessary or
    desirable to implement more effectively congressional policies and
    proposals, for establishing new or alternative programs. In
    addition, such report shall include the names of the business
    concerns to whom contracts are let and for whom financing is
    arranged by the Administration, together with the amounts involved.
    With respect to minority small business concerns, the report shall
    include the proportion of loans and other assistance under this
    chapter provided to such concerns, the goals of the Administration
    for the next fiscal year with respect to such concerns, and
    recommendations for improving assistance to minority small business
    concerns under this chapter.
    (b) Report of expenditures in conduct of activities; contents;
      information to Congressional committees
      The Administration shall make a report to the President, the
    President of the Senate, and the Speaker of the House of
    Representatives, to the Senate Select Committee on Small Business
    and to the Committee on Small Business of the House of
    Representatives, as soon as practicable each fiscal year, showing
    as accurately as possible for each such period the amount of funds
    appropriated to it that it has expended in the conduct of each of
    its principal activities such as lending, procurement, contracting,
    and providing technical and managerial aids. Such report shall
    contain the number and amount of loans, the number of applications,
    the total amount applied for, and the number and amount of defaults
    for each type of equipment or service for which loans are
    authorized by this this (!1) chapter. Such report shall provide
    such information separately on each type of loan made under
    paragraphs (10) through (15) of section 636(a) of this title and
    separately for all other loan programs. In addition, the
    information on loans shall be supplied on a monthly basis to the
    Committee on Small Business of the Senate and the Committee on
    Small Business of the House of Representatives.

    (c) Repealed. Pub. L. 104-66, title I, Sec. 1091(f), Dec. 21, 1995,
      109 Stat. 722
    (d) Annual report of Department of Defense
      For the purpose of aiding in carrying out the national policy to
    insure that a fair proportion of the total purchases and contracts
    for property and services for the Government be placed with small-
    business enterprises, and to maintain and strengthen the overall
    economy of the Nation, the Department of Defense shall make an
    annual report to the Committees on Small Business of the Senate and
    the House of Representatives, showing the amount of funds
    appropriated to the Department of Defense which have been expended,
    obligated, or contracted to be spent with small business concerns
    and the amount of such funds expended, obligated, or contracted to
    be spent with firms other than small business in the same fields of
    operation; and such reports shall show separately the funds
    expended, obligated, or contracted to be spent for basic and
    applied scientific research and development.
    (e) Retention of records
      (1) (!2) The Administration and the Inspector General of the
    Administration shall retain all correspondence, records of
    inquiries, memoranda, reports, books, and records, including
    memoranda as to all investigations conducted by or for the
    Administration, for a period of at least one year from the date of
    each thereof, and shall at all times keep the same available for
    inspection and examination by the Senate Select Committee on Small
    Business and the Committee on Small Business of the House of
    Representatives, or their duly authorized representatives.

      (2) The Committee on Small Business of either the Senate or the
    House of Representatives may request that the Office of the
    Inspector General of the Administration conduct an investigation of
    any program or activity conducted under the authority of section
    636(j) or 637(a) of this title. Not later than thirty days after
    the receipt of such a request, the Inspector General shall inform
    the committee, in writing, of the disposition of the request by
    such office.
    (f) Consultation and cooperation with Government departments and
      agencies
      To the extent deemed necessary by the Administrator to protect
    and preserve small-business interests, the Administration shall
    consult and cooperate with other departments and agencies of the
    Federal Government in the formulation by the Administration of
    policies affecting small-business concerns. When requested by the
    Administrator, each department and agency of the Federal Government
    shall consult and cooperate with the Administration in the
    formulation by such department or agency of policies affecting
    small-business concerns, in order to insure that small-business
    interests will be recognized, protected, and preserved. This
    subsection shall not require any department or agency to consult or
    cooperate with the Administration in any case where the head of
    such department or agency determines that such consultation or
    cooperation would unduly delay action which must be taken by such
    department or agency to protect the national interest in an
    emergency.
    (g) Annual report of employee conduct complaints received or acted
      upon and investigations undertaken by Administration
      The Administration shall transmit, not later than December 31 of
    each year, to the Senate Select Committee on Small Business and
    Committee on Small Business of the House of Representatives a
    sealed report with respect to - 
        (1) complaints alleging illegal conduct by employees of the
      Administration which were received or acted upon by the
      Administration during the preceding fiscal year; and
        (2) investigations undertaken by the Administration, including
      external and internal audits and security and investigation
      reports.
    (h) Report to Congress on secondary market operations
      The Administration shall transmit, not later than March 31 of
    each year, to the Committees on Small Business of the Senate and
    House of Representatives a report on the secondary market
    operations during the preceding calendar year. This report shall
    include, but not be limited to, (1) the number and the total dollar
    amount of loans sold into the secondary market and the distribution
    of such loans by size of loan, size of lender, geographic location
    of lender, interest rate, maturity, lender servicing fees, whether
    the rate is fixed or variable, and premium paid; (2) the number and
    dollar amount of loans resold in the secondary market with a
    distribution by size of loan, interest rate, and premiums; (3) the
    number and total dollar amount of pools formed; (4) the number and
    total dollar amount of loans in each pool; (5) the dollar amount,
    interest rate, and terms on each loan in each pool and whether the
    rate is fixed or variable; (6) the number, face value, interest
    rate, and terms of the trust certificates issued for each pool; (7)
    to the maximum extent possible, the use by the lender of the
    proceeds of sales of loans in the secondary market for additional
    lending to small business concerns; and (8) an analysis of the
    information reported in (1) through (7) to assess small businesses'
    access to capital at reasonable rates and terms as a result of
    secondary market operations.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[10], July 18, 1958, 72 Stat. 393; Pub. L.
    87-305, Sec. 5(a), Sept. 26, 1961, 75 Stat. 666; Pub. L. 89-348,
    Sec. 1(3), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 93-237, Sec. 7,
    Jan. 2, 1974, 87 Stat. 1025; Pub. L. 93-386, Sec. 4, Aug. 23, 1974,
    88 Stat. 746; Pub. L. 93-608, Sec. 3(4), (5), Jan. 2, 1975, 88
    Stat. 1972; Pub. L. 95-89, title II, Secs. 203-208, 211, Aug. 4,
    1977, 91 Stat. 557, 558; Pub. L. 95-315, Sec. 6, July 4, 1978, 92
    Stat. 379; Pub. L. 97-35, title XIX, Sec. 1904, Aug. 13, 1981, 95
    Stat. 772; Pub. L. 98-352, Sec. 4, July 10, 1984, 98 Stat. 331;
    Pub. L. 100-656, title IV, Sec. 406, Nov. 15, 1988, 102 Stat. 3876;
    Pub. L. 101-37, Sec. 15, June 15, 1989, 103 Stat. 73; Pub. L. 101-
    574, title II, Sec. 241, Nov. 15, 1990, 104 Stat. 2826; Pub. L.
    104-66, title I, Sec. 1091(f), Dec. 21, 1995, 109 Stat. 722.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in sections 211 and 215
    of act July 30, 1953, ch. 282, title II, 67 Stat. 237, 238, as
    amended by act Aug. 9, 1955, ch. 628, Secs. 6, 10, 11, 69 Stat.
    550, 551, which were previously classified to sections 640 and 644
    of this title. The provisions of section 210 of act July 30, 1953,
    formerly classified to this section, were transferred to section 2
    [8] of Pub. L. 85-536, and are classified to section 637(b)(2) of
    this title. See Codification note set out under section 631 of this
    title.

                                AMENDMENTS                            
      1995 - Subsec. (c). Pub. L. 104-66 struck out subsec. (c) which
    related to surveys, and their corresponding reports and
    recommendations, for the determination of factors tending to injure
    small businesses.
      1990 - Subsec. (d). Pub. L. 101-574 substituted "the Department
    of Defense shall make an annual report to the Committees on Small
    Business of the Senate and the House of Representatives" for "the
    Department of Defense shall make a monthly report to the President,
    the President of the Senate, the Senate Select Committee on Small
    Business, and the Speaker of the House of Representatives not less
    than 45 ["forty-five" in original text] days after the close of the
    month", "small business concerns" for "small-business concerns",
    and "such reports" for "such monthly reports".
      1989 - Subsec. (e)(2). Pub. L. 101-37 substituted ", of the
    disposition of the request" for "of the disposition of the matter".
      1988 - Subsec. (e). Pub. L. 100-656 inserted "and the Inspector
    General of the Administration" after "Administration", which was
    executed by making the insertion after the first reference to
    "Administration", and added par. (2).
      1984 - Subsec. (h). Pub. L. 98-352 added subsec. (h).
      1981 - Subsec. (b). Pub. L. 97-35 substituted "this chapter. Such
    report shall provide such information separately on each type of
    loan made under paragraphs (10) through (15) of section 636(a) of
    this title and separately for all other loan programs. In addition,
    the information on loans shall be supplied on a monthly basis to
    the Committee on Small Business of the Senate and the Committee on
    Small Business of the House of Representatives" for "this
    subsection, and on the projected and actual energy savings and
    numbers of jobs created by firms through loans made under section
    636(l) of this title. The Department of Energy shall assist the
    Administration in obtaining information and compiling this report".
      1978 - Subsec. (b). Pub. L. 95-315 inserted provisions requiring
    the report to contain number and amount of loans, applications for
    loans, etc.
      1977 - Subsec. (a). Pub. L. 95-89, Secs. 203, 211, included the
    Senate Select Committee on Small Business as an additional
    recipient of the annual report and provided for the contents of the
    report as it relates to minority small business concerns.
      Subsec. (b). Pub. L. 95-89, Sec. 204, substituted "Committee on
    Small Business of the House of Representatives" for "House Select
    Committee to Conduct a Study and Investigation of the Problems of
    Small Business".
      Subsec. (c)(2). Pub. L. 95-89, Sec. 205, included the Senate
    Select Committee on Small Business as an additional recipient of
    the required reports.
      Subsec. (d). Pub. L. 95-89, Sec. 206, included the Senate Select
    Committee on Small Business as an additional recipient of the
    required reports.
      Subsec. (e). Pub. L. 95-89, Sec. 207, substituted "Committee on
    Small Business of the House of Representatives" for "House Select
    Committee To Conduct a Study and Investigation of the Problems of
    Small Business".
      Subsec. (g). Pub. L. 95-89, Sec. 208, substituted "Senate Select
    Committee on Small Business and Committee on Small Business of the
    House of Representatives" for "Committee on Banking, Housing and
    Urban Affairs of the Senate and the Committee on Banking and
    Currency of the House of Representatives".
      1975 - Subsec. (a). Pub. L. 93-608, Sec. 3(4), substituted
    "fiscal" for "calendar" in two places and struck out provisions
    requiring report to contain information on the progress of the
    Administration in liquidating the assets and winding up the affairs
    of the Reconstruction Finance Corporation and other information
    deemed appropriate by the Administration.
      Subsec. (b). Pub. L. 93-608, Sec. 3(5), substituted "as soon as
    practicable each fiscal year" for "on December 31 of each year".
      1974 - Subsec. (a). Pub. L. 93-237 substituted provisions
    requiring the Administration to make comprehensive annual reports
    to the President and Congressional Officers as soon as practicable
    describing the state of the small business in the Nation and the
    States, the operations of the Administration, and recommendations
    for legislation, for provisions requiring the Administration to
    make reports on Dec. 31 of each year to the President and
    Congressional Officers.
      Subsec. (g). Pub. L. 93-386 added subsec. (g).
      1965-Subsec. (a). Pub. L. 89-348 repealed provision of subsec.
    (a) which required as part of the annual report to the President
    and to Congress by the Small Business Administration, a report on
    the progress in liquidating the assets and winding up the affairs
    of the Reconstruction Finance Corporation.
      1961 - Subsec. (a). Pub. L. 87-305, Sec. 5(a)(1), changed the
    reporting requirements from semiannual to annual basis and required
    the inclusion of information on the progress of the Administration
    in liquidating the assets and winding up the affairs of the
    Reconstruction Finance Corporation, such requirement to be in lieu
    of progress reports on a quarterly basis.
      Subsec. (b). Pub. L. 87-305, Sec. 5(a)(2), struck out "June 30
    and" before "December 31".
      Subsec. (c). Pub. L. 87-305, Sec. 5(a)(3), designated existing
    provisions of first and second sentences as pars. (1) and (2),
    substituted "direct" for "request" and "promote undue concentration
    of economic power, or otherwise injure small business" for "injure
    small business, or otherwise promote undue concentration of
    economic power in the course of the administration of this chapter"
    and inserted "of any activity of the Government which may affect
    small business," after "surveys" in par. (1) and required reports
    to be made not less than once every year in par. (2).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
    Previously, Select Committee on Small Business of Senate became
    Committee on Small Business of Senate. See Senate Resolution No.
    101, Ninety-Seventh Congress, Mar. 25, 1981.


-MISC2-
                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-37 applicable as if included in Pub. L.
    100-656, see section 32 of Pub. L. 101-37, set out as a note under
    section 631 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, but shall not
    affect any financing made, obligated, or committed under this
    chapter or chapter 14B of this title prior to Aug. 13, 1981, see
    section 1918 of Pub. L. 97-35, set out as a note under section 631
    of this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in
    subsecs. (a), (b), and (d) of this section relating to submitting
    annual reports to Congress, see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance, and pages 64 and 191 of House Document No. 103-7.

    SMALL BUSINESS ADMINISTRATION PROGRAM DATA AND EVALUATION; REPORT;
                              IMPLEMENTATION
      Pub. L. 100-590, title I, Sec. 109, Nov. 3, 1988, 102 Stat. 2994,
    provided that: "The Small Business Administration shall develop a
    comprehensive system to systematically acquire data on the number
    of small businesses which participate in Administration programs,
    the nature and extent of their participation, the type of business,
    the results of such participation, and such other information as
    the Administration deems appropriate. It shall also include the
    number and dollar amount of guaranteed loans by lender, and the
    interest rate thereon, and the number and dollar amount of sales in
    the secondary market both by lender and by purchaser. The data
    shall be compiled and maintained to permit a statistically valid
    analysis and computation and evaluation of costs and benefits. The
    Administration shall submit a report to the Small Business
    Committees of the Senate and the House of Representatives not later
    than March 31, 1989, such report to include its conclusions and
    recommendations and estimate of the costs involved in implementing
    such a program and shall implement the system for all program
    assistance made available on or after October 1, 1989."


-EXEC-
    EX. ORD. NO. 11518. INCREASED REPRESENTATION OF INTERESTS OF SMALL
       BUSINESS CONCERNS BEFORE GOVERNMENT DEPARTMENTS AND AGENCIES
      Ex. Ord. No. 11518, Mar. 20, 1970, 35 F.R. 4939, provided:
      WHEREAS the policy of the Government of the United States is to
    insure the continuance of a strong and healthy free enterprise
    system; and
      WHEREAS the existence of a strong and healthy free enterprise
    system is directly related to the well being and competitive
    strength of small business concerns and their opportunities for
    free entry into business, growth, and expansion; and
      WHEREAS the departments and agencies of the United States
    Government exercise, through their regulatory and other programs
    and practices, a significant influence on the well being and
    competitive strength of business concerns, particularly minority-
    owned business concerns, and their opportunities for free entry
    into business, growth and expansion; and
      WHEREAS members of minority groups traditionally have aspired to
    own their own businesses and thereby to participate in our free
    enterprise system; and
      WHEREAS members of certain minority groups through no fault of
    their own have been denied the full opportunity to achieve these
    aspirations; and
      WHEREAS the policy of the Executive Branch of the United States
    Government continues to be, as was described by President Dwight D.
    Eisenhower, "to strive to eliminate obstacles to the growth of
    small business"; and
      WHEREAS the Small Business Act (72 Stat. 384, 15 U.S.C. 631)
    declares the Congressional policy that the United States Government
    should aid, counsel, assist and protect, insofar as is possible,
    the interests of small business concerns; and
      WHEREAS the Small Business Administration is the agency within
    the Executive Branch of the United States Government especially
    responsible for and with an established program of advocacy in
    matters relating to small business; and
      WHEREAS section 8(b)(12) of the Small Business Act (72 Stat. 391,
    15 U.S.C. 637(b)(12)) empowers the Small Business Administration to
    consult and cooperate with all Government agencies for the purpose
    of insuring that small business concerns receive fair and
    reasonable treatment from such agencies, and section 10(f) of that
    Act (72 Stat. 393, 15 U.S.C. 639(f)) requires each department and
    agency of the Federal Government, when requested by the
    Administrator of the Small Business Administration, to consult and
    cooperate with the Administration in the formulation by such
    department or agency of policies affecting small business concerns,
    in order to insure that small business interests will be
    recognized, protected, and preserved:
      NOW, THEREFORE, by virtue of the authority vested in me as
    President of the United States and in furtherance of the purpose
    and policy of the Small Business Act, it is ordered as follows:
      Section 1. The Small Business Administration, as the spokesman
    for and advocate of the small business community, shall advise and
    counsel small business concerns in their dealings with the
    departments and agencies of the United States Government to the end
    that the views of small business concerns will be fully heard,
    their rights fully protected, and their valid interests fully
    advanced.
      Sec. 2. Departments and agencies of the Executive Branch of the
    United States Government shall call upon the Small Business
    Administration for advice, guidance, and assistance when
    considering matters which reasonably can be construed as materially
    affecting the well being or competitive strength of small business
    concerns or their opportunities for free entry into business,
    growth, or expansion. In taking action on such matters, these
    departments and agencies shall act in a manner calculated to
    advance the valid interests of small business concerns.
      Sec. 3. The Small Business Administration, whenever it determines
    that the valid interests of small business concerns so warrant,
    shall take such action as may be appropriate to insure the timely
    presentation to departments and agencies of the United States
    Government of matters materially affecting the well being or
    competitive strength of small business concerns or their
    opportunities for free entry into business, growth, or expansion.
    To this end, the Small Business Administration may participate in
    investigations, hearings, or other proceedings pending before such
    departments or agencies and submit evidence, briefs, and arguments
    in accordance with, and to the extent permitted by, the
    department's or agency's rules of practice and procedure.
      Sec. 4. In performing the responsibilities and duties placed on
    it by this order, the Small Business Administration shall
    particularly consider the needs and interests of minority-owned
    small business concerns and of members of minority groups seeking
    entry into the business community.
      Sec. 5. Nothing in this order shall be construed to authorize the
    Small Business Administration to act as an attorney for an
    individual concern in any investigation, hearing, or other
    proceeding pending before any department or agency of the United
    States Government. Nothing in this order shall be construed to
    subject any department or agency to the authority of any other
    department or agency, to affect the present authority of any
    department or agency to participate in the proceedings of another
    department or agency, or to affect the authority of the Attorney
    General under 28 U.S.C. 519.
      Sec. 6. The term "small business concern" as used in this order
    shall have the same meaning as in the Small Business Act.
                                                          Richard Nixon.

-FOOTNOTE-
    (!1) So in original.

    (!2) Paragraph designation "(1)" supplied editorially.


-End-



-CITE-
    15 USC Sec. 639a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 639a. Review of loan program; submission of estimated needs
      for additional authorization

-STATUTE-
      It is the sense of the Congress that the regular business loan
    program of the Small Business Administration should be reviewed by
    the Congress at least once every two years. It is further the sense
    of the Congress that the Small Business Administration should
    submit its estimated needs for additional authorization for such
    program to the Congress at least one year in advance of the date on
    which such authorization is to be provided, in order to assure an
    orderly and recurring review of such program and to avoid emergency
    appeals for additional authorization. Compliance by the Small
    Business Administration with the foregoing policy will enable the
    Congress on and after July 25, 1962, to provide additional
    authorization for such program on a two-year basis.

-SOURCE-
    (Pub. L. 87-550, Sec. 1(b), July 25, 1962, 76 Stat. 221.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 640                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 640. Voluntary agreements among small-business concerns

-STATUTE-
    (a) Consultation with President
      The President is authorized to consult with representatives of
    small-business concerns with a view to encouraging the making by
    such persons with the approval of the President of voluntary
    agreements and programs to further the objectives of this chapter.
    (b) Exemption from certain laws; findings and requests; filing and
      publication
      No act or omission to act pursuant to this chapter which occurs
    while this chapter is in effect, if requested by the President
    pursuant to a voluntary agreement or program approved under
    subsection (a) of this section and found by the President to be in
    the public interest as contributing to the national defense, shall
    be construed to be within the prohibitions of the antitrust laws or
    the Federal Trade Commission Act [15 U.S.C. 41 et seq.] of the
    United States. A copy of each such request intended to be within
    the coverage of this section, and any modification or withdrawal
    thereof, shall be furnished to the Attorney General and the
    Chairman of the Federal Trade Commission when made, and it shall be
    published in the Federal Register unless publication thereof would,
    in the opinion of the President, endanger the national security.
    (c) Delegation of authority; consultation; approval of requests
      The authority granted in subsection (b) of this section shall be
    delegated only (1) to an official who shall for the purpose of such
    delegation be required to be appointed by the President by and with
    the advice and consent of the Senate, (2) upon the condition that
    such official consult with the Attorney General and the Chairman of
    the Federal Trade Commission not less than ten days before making
    any request or finding thereunder, and (3) upon the condition that
    such official obtain the approval of the Attorney General to any
    request thereunder before making the request.
    (d) Inapplicability of section when request or finding withdrawn
      Upon withdrawal of any request or finding hereunder, or upon
    withdrawal by the Attorney General of his approval of the voluntary
    agreement or program on which the request or finding is based, the
    provisions of this section shall not apply to any subsequent act,
    or omission to act, by reason of such finding or request.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[11], July 18, 1958, 72 Stat. 394.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in subsec. (b), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of this title. For complete classification of this Act to the Code,
    see section 58 of this title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 217 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 239, which was
    previously classified to section 646 of this title. The provisions
    of section 211 of act July 30, 1953, formerly classified to this
    section, were transferred to section 2[10] of Pub. L. 85-536, and
    are classified to section 639(d), (f) of this title. See
    Codification note set out under section 631 of this title.


-EXEC-
                EX. ORD. NO. 10493. DELEGATION OF FUNCTIONS            
      Ex. Ord. No. 10493, Oct. 14, 1953, 18 F.R. 6583, provided:
      Section 1. The functions conferred upon the President by section
    217 of the Small Business Act of 1953 [covered by this section] are
    hereby delegated to the Administrator of the Small Business
    Administration and shall be carried out as provided in the said
    section 217.
      Sec. 2. There is hereby delegated to the Administrator of the
    Small Business Administration so much of the functions conferred
    upon the President by section 708 of the Defense Production Act of
    1950, as amended [section 2158 of Title 50, Appendix, War and
    National Defense], as necessary to effect changes in the
    composition of, or to take other action respecting voluntary
    agreements and programs relating to, small-business production
    pools approved prior to July 31, 1953, pursuant to the said section
    708 [section 2158 of Title 50, Appendix]: Provided, That this
    section shall not be construed as limiting the authority of the
    Director of the Office of Defense Mobilization under Executive
    Order No. 10480 of August 14, 1953 (18 F.R. 4939) [formerly set out
    as a note under section 2153 of Title 50, Appendix]. The functions
    delegated to the Administrator by this section shall be carried out
    as provided in section 708 of the Defense Production Act of 1950,
    as amended [section 2158 of Title 50, Appendix].
      Sec. 3. Without prejudice to any action taken thereunder,
    Executive Order No. 10370 of July 7, 1952 (17 F.R. 6141), is hereby
    revoked.
                                                   Dwight D. Eisenhower.

-End-



-CITE-
    15 USC Sec. 641                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 641. Transfer to Administration of other functions, powers,
      and duties

-STATUTE-
      The President may transfer to the Administration any functions,
    powers, and duties of any department or agency which relate
    primarily to small-business problems. In connection with any such
    transfer, the President may provide for appropriate transfers of
    records, property, necessary personnel, and unexpended balances of
    appropriations and other funds available to the department or
    agency from which the transfer is made.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[12], July 18, 1958, 72 Stat. 394.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 218 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 239, as amended by act
    Aug. 9, 1955, ch. 628, Sec. 12, 69 Stat. 551, which was previously
    classified to section 647 of this title. The provisions of section
    212 of act July 30, 1953, formerly classified to this section, were
    transferred to section 2[8] of Pub. L. 85-536, and are classified
    to section 637(b) of this title. See Codification note set out
    under section 631 of this title.


-EXEC-
                         EXECUTIVE ORDER NO. 10504                     
      Ex. Ord. No. 10504, Dec. 1, 1953, 18 F.R. 7667, which provided
    for the transfer of functions of the Small Defense Plants
    Administration to the Small Business Administrator, was revoked by
    Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

                         EXECUTIVE ORDER NO. 11871                     
      Ex. Ord. No. 11871, July 18, 1975, 40 F.R. 30915, which
    transferred the functions of ACTION Agency relating to the Service
    Corps of Retired Executives and Active Corps of Executives to the
    Small Business Administration, was revoked by Ex. Ord. No. 12553,
    Feb. 25, 1986, 51 F.R. 7237.

-End-



-CITE-
    15 USC Sec. 642                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 642. Requirements for loans

-STATUTE-
      No loan shall be made or equipment, facilities, or services
    furnished by the Administration under this chapter to any business
    enterprise unless the owners, partners, or officers of such
    business enterprise (1) certify to the Administration the names of
    any attorneys, agents, or other persons engaged by or on behalf of
    such business enterprise for the purpose of expediting applications
    made to the Administration for assistance of any sort, and the fees
    paid or to be paid to any such persons; (2) execute an agreement
    binding any such business enterprise for a period of two years
    after any assistance is rendered by the Administration to such
    business enterprise, to refrain from employing, tendering any
    office or employment to, or retaining for professional services,
    any person who, on the date such assistance or any part thereof was
    rendered, or within one year prior thereto, shall have served as an
    officer, attorney, agent, or employee of the Administration
    occupying a position or engaging in activities which the
    Administration shall have determined involve discretion with
    respect to the granting of assistance under this chapter; and (3)
    furnish the names of lending institutions to which such business
    enterprise has applied for loans together with dates, amounts,
    terms, and proof of refusal.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[13], July 18, 1958, 72 Stat. 394.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 219 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 239, which was
    previously classified to section 648 of this title. The provisions
    of section 213 of act July 30, 1953, formerly classified to this
    section, were transferred to section 2[8] of Pub. L. 85-536, and
    are classified to section 637(b)(6), (7) of this title. See
    Codification note set out under section 631 of this title.

-End-



-CITE-
    15 USC Sec. 643                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 643. Fair charge for use of Government-owned property

-STATUTE-
      To the fullest extent the Administration deems practicable, it
    shall make a fair charge for the use of Government-owned property
    and make and let contracts on a basis that will result in a
    recovery of the direct costs incurred by the Administration.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[14], July 18, 1958, 72 Stat. 395.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 220 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 240, which was
    previously classified to section 649 of this title. The provisions
    of section 214 of act July 30, 1953, formerly classified to this
    section, were transferred to section 2[15] of Pub. L. 85-536, and
    are classified to section 644 of this title. See Codification note
    set out under section 631 of this title.

-End-



-CITE-
    15 USC Sec. 644                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 644. Awards or contracts

-STATUTE-
    (a) Determination
      To effectuate the purposes of this chapter, small-business
    concerns within the meaning of this chapter shall receive any award
    or contract or any part thereof, and be awarded any contract for
    the sale of Government property, as to which it is determined by
    the Administration and the contracting procurement or disposal
    agency (1) to be in the interest of maintaining or mobilizing the
    Nation's full productive capacity, (2) to be in the interest of war
    or national defense programs, (3) to be in the interest of assuring
    that a fair proportion of the total purchases and contracts for
    property and services for the Government in each industry category
    are placed with small-business concerns, or (4) to be in the
    interest of assuring that a fair proportion of the total sales of
    Government property be made to small-business concerns; but nothing
    contained in this chapter shall be construed to change any
    preferences or priorities established by law with respect to the
    sale of electrical power or other property by the Government or any
    agency thereof. These determinations may be made for individual
    awards or contracts or for classes of awards or contracts. If a
    proposed procurement includes in its statement of work goods or
    services currently being performed by a small business, and if the
    proposed procurement is in a quantity or estimated dollar value the
    magnitude of which renders small business prime contract
    participation unlikely, or if a proposed procurement for
    construction seeks to package or consolidate discrete construction
    projects, or the solicitation involves an unnecessary or
    unjustified bundling of contract requirements, as determined by the
    Administration, the Procurement Activity shall provide a copy of
    the proposed procurement to the Procurement Activity's Small
    Business Procurement Center Representative at least 30 days prior
    to the solicitation's issuance along with a statement explaining
    (1) why the proposed acquisition cannot be divided into reasonably
    small lots (not less than economic production runs) to permit
    offers on quantities less than the total requirement, (2) why
    delivery schedules cannot be established on a realistic basis that
    will encourage small business participation to the extent
    consistent with the actual requirements of the Government, (3) why
    the proposed acquisition cannot be offered so as to make small
    business participation likely, (4) why construction cannot be
    procured as separate discrete projects, or (5) why the agency has
    determined that the bundled contract (as defined in section 632(o)
    of this title) is necessary and justified. The thirty-day
    notification process shall occur concurrently with other processing
    steps required prior to issuance of the solicitation. Within 15
    days after receipt of the proposed procurement and accompanying
    statement, if the Procurement Center Representative believes that
    the procurement as proposed will render small business prime
    contract participation unlikely, the Representative shall recommend
    to the Procurement Activity alternative procurement methods which
    would increase small business prime contracting opportunities.
    Whenever the Administration and the contracting procurement agency
    fail to agree, the matter shall be submitted for determination to
    the Secretary or the head of the appropriate department or agency
    by the Administrator. For purposes of clause (3) of the first
    sentence of this subsection, an industry category is a discrete
    group of similar goods and services. Such groups shall be
    determined by the Administration in accordance with the definition
    of a "United States industry" under the North American Industry
    Classification System, as established by the Office of Management
    and Budget, except that the Administration shall limit such an
    industry category to a greater extent than provided under such
    classification codes if the Administration receives evidence
    indicating that further segmentation for purposes of this paragraph
    is warranted due to special capital equipment needs or special
    labor or geographic requirements or to recognize a new industry. A
    market for goods or services may not be segmented under the
    preceding sentence due to geographic requirements unless the
    Government typically designates the area where work for contracts
    for such goods or services is to be performed and Government
    purchases comprise the major portion of the entire domestic market
    for such goods or services and, due to the fixed location of
    facilities, high mobilization costs, or similar economic factors,
    it is unreasonable to expect competition from business concerns
    located outside of the general areas where such concerns are
    located. A contract may not be awarded under this subsection if the
    award of the contract would result in a cost to the awarding agency
    which exceeds a fair market price.
    (b) Placement of contracts by contracting procurement agency
      With respect to any work to be performed the amount of which
    would exceed the maximum amount of any contract for which a surety
    may be guaranteed against loss under section 694b of this title,
    the contracting procurement agency shall, to the extent
    practicable, place contracts so as to allow more than one small
    business concern to perform such work.
    (c) Programs for blind and handicapped individuals
      (1) As used in this subsection:
        (A) The term "Committee" means the Committee for Purchase From
      People Who Are Blind or Severely Disabled established under
      section 46 of title 41.
        (B) The term "public or private organization for the
      handicapped" has the same meaning given such term in section
      632(e) of this title.
        (C) The term "handicapped individual" has the same meaning
      given such term in section 632(f) of this title.

      (2)(A) During fiscal year 1995, public or private organizations
    for the handicapped shall be eligible to participate in programs
    authorized under this section in an aggregate amount not to exceed
    $40,000,000.
      (B) None of the amounts authorized for participation by
    subparagraph (A) may be placed on the procurement list maintained
    by the Committee pursuant to section 47 of title 41.
      (3) The Administrator shall monitor and evaluate such
    participation.
      (4)(A) Not later than ten days after the announcement of a
    proposed award of a contract by an agency or department to a public
    or private organization for the handicapped, a for-profit small
    business concern that has experienced or is likely to experience
    severe economic injury as the result of the proposed award may file
    an appeal of the proposed award with the Administrator.
      (B) If such a concern files an appeal of a proposed award under
    subparagraph (A) and the Administrator, after consultation with the
    Executive Director of the Committee, finds that the concern has
    experienced or is likely to experience severe economic injury as
    the result of the proposed award, not later than thirty days after
    the filing of the appeal, the Administration shall require each
    agency and department having procurement powers to take such action
    as may be appropriate to alleviate economic injury sustained or
    likely to be sustained by the concern.
      (5) Each agency and department having procurement powers shall
    report to the Office of Federal Procurement Policy each time a
    contract subject to paragraph (2)(A) is entered into, and shall
    include in its report the amount of the next higher bid submitted
    by a for-profit small business concern. The Office of Federal
    Procurement Policy shall collect data reported under the preceding
    sentence through the Federal procurement data system and shall
    report to the Administration which shall notify all such agencies
    and departments when the maximum amount of awards authorized under
    paragraph (2)(A) has been made during any fiscal year.
      (6) For the purpose of this subsection, a contract may be awarded
    only if at least 75 per centum of the direct labor performed on
    each item being produced under the contract in the sheltered
    workshop or performed in providing each type of service under the
    contract by the sheltered workshop is performed by handicapped
    individuals.
      (7) Agencies awarding one or more contracts to such an
    organization pursuant to the provisions of this subsection may use
    multiyear contracts, if appropriate.
    (d) Priority
      For purposes of this section priority shall be given to the
    awarding of contracts and the placement of subcontracts to small
    business concerns which shall perform a substantial proportion of
    the production on those contracts and subcontracts within areas of
    concentrated unemployment or underemployment or within labor
    surplus areas. Notwithstanding any other provision of law, total
    labor surplus area set-asides pursuant to Defense Manpower Policy
    Number 4 (32A C.F.R. Chapter 1) or any successor policy shall be
    authorized if the Secretary or his designee specifically determines
    that there is a reasonable expectation that offers will be obtained
    from a sufficient number of eligible concerns so that awards will
    be made at reasonable prices. As soon as practicable and to the
    extent possible, in determining labor surplus areas, consideration
    shall be given to those persons who would be available for
    employment were suitable employment available. Until such
    definition reflects such number, the present criteria of such
    policy shall govern.
    (e) Procurement strategies; contract bundling
      (1) In general
        To the maximum extent practicable, procurement strategies used
      by the various agencies having contracting authority shall
      facilitate the maximum participation of small business concerns
      as prime contractors, subcontractors, and suppliers.
      (2) Market research
        (A) In general
          Before proceeding with an acquisition strategy that could
        lead to a contract containing consolidated procurement
        requirements, the head of an agency shall conduct market
        research to determine whether consolidation of the requirements
        is necessary and justified.
        (B) Factors
          For purposes of subparagraph (A), consolidation of the
        requirements may be determined as being necessary and justified
        if, as compared to the benefits that would be derived from
        contracting to meet those requirements if not consolidated, the
        Federal Government would derive from the consolidation
        measurably substantial benefits, including any combination of
        benefits that, in combination, are measurably substantial.
        Benefits described in the preceding sentence may include the
        following:
            (i) Cost savings.
            (ii) Quality improvements.
            (iii) Reduction in acquisition cycle times.
            (iv) Better terms and conditions.
            (v) Any other benefits.
        (C) Reduction of costs not determinative
          The reduction of administrative or personnel costs alone
        shall not be a justification for bundling of contract
        requirements unless the cost savings are expected to be
        substantial in relation to the dollar value of the procurement
        requirements to be consolidated.
      (3) Strategy specifications
        If the head of a contracting agency determines that a proposed
      procurement strategy for a procurement involves a substantial
      bundling of contract requirements, the proposed procurement
      strategy shall - 
          (A) identify specifically the benefits anticipated to be
        derived from the bundling of contract requirements;
          (B) set forth an assessment of the specific impediments to
        participation by small business concerns as prime contractors
        that result from the bundling of contract requirements and
        specify actions designed to maximize small business
        participation as subcontractors (including suppliers) at
        various tiers under the contract or contracts that are awarded
        to meet the requirements; and
          (C) include a specific determination that the anticipated
        benefits of the proposed bundled contract justify its use.
      (4) Contract teaming
        In the case of a solicitation of offers for a bundled contract
      that is issued by the head of an agency, a small-business concern
      may submit an offer that provides for use of a particular team of
      subcontractors for the performance of the contract. The head of
      the agency shall evaluate the offer in the same manner as other
      offers, with due consideration to the capabilities of all of the
      proposed subcontractors. If a small business concern teams under
      this paragraph, it shall not affect its status as a small
      business concern for any other purpose.
    (f) Repealed. Pub. L. 103-355, title VII, Sec. 7101(a), Oct. 13,
      1994, 108 Stat. 3367
    (g) Goals for participation of small business concerns in
      procurement contracts
      (1) The President shall annually establish Government-wide goals
    for procurement contracts awarded to small business concerns, small
    business concerns owned and controlled by service disabled (!1)
    veterans, qualified HUBZone small business concerns, small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals, and small business concerns owned and
    controlled by women. The Government-wide goal for participation by
    small business concerns shall be established at not less than 23
    percent of the total value of all prime contract awards for each
    fiscal year. The Government-wide goal for participation by small
    business concerns owned and controlled by service-disabled veterans
    shall be established at not less than 3 percent of the total value
    of all prime contract and subcontract awards for each fiscal year.
    The Governmentwide goal for participation by qualified HUBZone
    small business concerns shall be established at not less than 1
    percent of the total value of all prime contract awards for fiscal
    year 1999, not less than 1.5 percent of the total value of all
    prime contract awards for fiscal year 2000, not less than 2 percent
    of the total value of all prime contract awards for fiscal year
    2001, not less than 2.5 percent of the total value of all prime
    contract awards for fiscal year 2002, and not less than 3 percent
    of the total value of all prime contract awards for fiscal year
    2003 and each fiscal year thereafter. The Government-wide goal for
    participation by small business concerns owned and controlled by
    socially and economically disadvantaged individuals shall be
    established at not less than 5 percent of the total value of all
    prime contract and subcontract awards for each fiscal year. The
    Government-wide goal for participation by small business concerns
    owned and controlled by women shall be established at not less than
    5 percent of the total value of all prime contract and subcontract
    awards for each fiscal year. Notwithstanding the Government-wide
    goal, each agency shall have an annual goal that presents, for that
    agency, the maximum practicable opportunity for small business
    concerns, small business concerns owned and controlled by service-
    disabled veterans, qualified HUBZone small business concerns,
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women to participate in the performance of
    contracts let by such agency. The Administration and the
    Administrator of the Office of Federal Procurement Policy shall,
    when exercising their authority pursuant to paragraph (2), insure
    that the cumulative annual prime contract goals for all agencies
    meet or exceed the annual Government-wide prime contract goal
    established by the President pursuant to this paragraph.

      (2) The head of each Federal agency shall, after consultation
    with the Administration, establish goals for the participation by
    small business concerns, by small business concerns owned and
    controlled by service-disabled veterans, by qualified HUBZone small
    business concerns, by small business concerns owned and controlled
    by socially and economically disadvantaged individuals, and by
    small business concerns owned and controlled by women in
    procurement contracts of such agency. Goals established under this
    subsection shall be jointly established by the Administration and
    the head of each Federal agency and shall realistically reflect the
    potential of small business concerns, small business concerns owned
    and controlled by service-disabled veterans, qualified HUBZone
    small business concerns, small business concerns owned and
    controlled by socially and economically disadvantaged individuals,
    and small business concerns owned and controlled by women to
    perform such contracts and to perform subcontracts under such
    contracts. Whenever the Administration and the head of any Federal
    agency fail to agree on established goals, the disagreement shall
    be submitted to the Administrator of the Office of Federal
    Procurement Policy for final determination. For the purpose of
    establishing goals under this subsection, the head of each Federal
    agency shall make consistent efforts to annually expand
    participation by small business concerns from each industry
    category in procurement contracts of the agency, including
    participation by small business concerns owned and controlled by
    service-disabled veterans, by qualified HUBZone small business
    concerns, by small business concerns owned and controlled by
    socially and economically disadvantaged individuals, and by small
    business concerns owned and controlled by women. The head of each
    Federal agency, in attempting to attain such participation, shall
    consider - 
        (A) contracts awarded as the result of unrestricted
      competition; and
        (B) contracts awarded after competition restricted to eligible
      small business concerns under this section and under the program
      established under section 637(a) of this title.
    (h) Reports to Administration; submittal of information to Congress
      (1) At the conclusion of each fiscal year, the head of each
    Federal agency shall report to the Administration on the extent of
    participation by small business concerns, small business concerns
    owned and controlled by veterans (including service-disabled
    veterans), qualified HUBZone small business concerns, small
    business concerns owned and controlled by socially and economically
    disadvantaged individuals, and small business concerns owned and
    controlled by women in procurement contracts of such agency. Such
    reports shall contain appropriate justifications for failure to
    meet the goals established under subsection (g) of this section.
      (2) The Administration shall annually compile and analyze the
    reports submitted by the individual agencies pursuant to paragraph
    (1) and shall submit them to the President and the Congress. The
    Administration's submission to the President shall include the
    following:
        (A) The Government-wide goals for participation by small
      business concerns, small business concerns owned and controlled
      by service-disabled veterans, qualified HUBZone small business
      concerns, small business concerns owned and controlled by
      socially and economically disadvantaged individuals, and small
      business concerns owned and controlled by women and the
      performance in attaining such goals.
        (B) The goals in effect for each agency and the agency's
      performance in attaining such goals.
        (C) An analysis of any failure to achieve the Government-wide
      goals or any individual agency goals and the actions planned by
      such agency (and approved by the Administration) to achieve the
      goals in the succeeding fiscal year.
        (D) The number and dollar value of contracts awarded to small
      business concerns, small business concerns owned and controlled
      by service-disabled veterans, qualified HUBZone small business
      concerns, small business concerns owned and controlled by
      socially and economically disadvantaged individuals, and small
      business concerns owned and controlled by women through - 
          (i) noncompetitive negotiation,
          (ii) competition restricted to small business concerns owned
        and controlled by socially and economically disadvantaged
        individuals,
          (iii) competition restricted to small business concerns,
        qualified HUBZone small business concerns, and
          (iv) unrestricted competitions,

      for each agency and on a Government-wide basis.
        (E) The number and dollar value of subcontracts awarded to
      small business concerns, small business concerns owned and
      controlled by service-disabled veterans, qualified HUBZone small
      business concerns, small business concerns owned and controlled
      by socially and economically disadvantaged individuals, and small
      business concerns owned and controlled by women.
        (F) The number and dollar value of prime contracts and
      subcontracts awarded to small business concerns owned and
      controlled by women.

      (3) The President shall include the information required by
    paragraph (2) in each annual report to the Congress on the state of
    small business prepared pursuant to section 631b(a) of this title.
    (i) Small business set-asides
      Nothing in this chapter or any other provision of law precludes
    exclusive small business set-asides for procurements of
    architectural and engineering services, research, development, test
    and evaluation, and each Federal agency is authorized to develop
    such set-asides to further the interests of small business in those
    areas.
    (j) Small business reservation
      (1) Each contract for the purchase of goods and services that has
    an anticipated value greater than $2,500 but not greater than
    $100,000 shall be reserved exclusively for small business concerns
    unless the contracting officer is unable to obtain offers from two
    or more small business concerns that are competitive with market
    prices and are competitive with regard to the quality and delivery
    of the goods or services being purchased.
      (2) In carrying out paragraph (1), a contracting officer shall
    consider a responsive offer timely received from an eligible small
    business offeror.
      (3) Nothing in paragraph (1) shall be construed as precluding an
    award of a contract with a value not greater than $100,000 under
    the authority of subsection (a) of section 637 of this title,
    section 2323 of title 10, section 712 of the Business Opportunity
    Development Reform Act of 1988 (Public Law 100-656; 15 U.S.C. 644
    note), or section 7102 of the Federal Acquisition Streamlining Act
    of 1994.
    (k) Office of Small and Disadvantaged Business Utilization;
      Director
      There is hereby established in each Federal agency having
    procurement powers an office to be known as the "Office of Small
    and Disadvantaged Business Utilization". The management of each
    such office shall be vested in an officer or employee of such
    agency who shall - 
        (1) be known as the "Director of Small and Disadvantaged
      Business Utilization" for such agency,
        (2) be appointed by the head of such agency,
        (3) be responsible only to, and report directly to, the head of
      such agency or to the deputy of such head, except that the
      director for the Office of the Secretary of Defense shall be
      responsible only to, and report directly to, such Secretary or
      the Secretary's designee,
        (4) be responsible for the implementation and execution of the
      functions and duties under this section and section 637 of this
      title which relate to such agency,
        (5) identify proposed solicitations that involve significant
      bundling of contract requirements, and work with the agency
      acquisition officials and the Administration to revise the
      procurement strategies for such proposed solicitations where
      appropriate to increase the probability of participation by small
      businesses as prime contractors, or to facilitate small business
      participation as subcontractors and suppliers, if a solicitation
      for a bundled contract is to be issued;
        (6) assist small business concerns to obtain payments, required
      late payment interest penalties, or information regarding
      payments due to such concerns from an executive agency or a
      contractor, in conformity with chapter 39 of title 31 or any
      other protection for contractors or subcontractors (including
      suppliers) that is included in the Federal Acquisition Regulation
      or any individual agency supplement to such Government-wide
      regulation,
        (7) have supervisory authority over personnel of such agency to
      the extent that the functions and duties of such personnel relate
      to functions and duties under this section and section 637 of
      this title,
        (8) assign a small business technical adviser to each office to
      which the Administration has assigned a procurement center
      representative - 
          (A) who shall be a full-time employee of the procuring
        activity and shall be well qualified, technically trained and
        familiar with the supplies or services purchased at the
        activity, and
          (B) whose principal duty shall be to assist the
        Administration procurement center representative in his duties
        and functions relating to this section and section 637 of this
        title,

        (9) cooperate, and consult on a regular basis, with the
      Administration with respect to carrying out the functions and
      duties described in paragraph (4) of this subsection, and
        (10) make recommendations to contracting officers as to whether
      a particular contract requirement should be awarded pursuant to
      subsection (a) of this section, or section 637(a) of this title
      or section 2323 of title 10. Such recommendations shall be made
      with due regard to the requirements of subsection (m) of this
      section, and the failure of the contracting officer to accept any
      such recommendations shall be documented and included within the
      appropriate contract file.

      This subsection shall not apply to the Administration.
    (l) Breakout procurement center representatives
      (1) The Administration shall assign to each major procurement
    center a breakout procurement center representative with such
    assistance as may be appropriate. The breakout procurement center
    representative shall carry out the activities described in
    paragraph (2), and shall be an advocate for the breakout of items
    for procurement through full and open competition, whenever
    appropriate, while maintaining the integrity of the system in which
    such items are used, and an advocate for the use of full and open
    competition, whenever appropriate, for the procurement of supplies
    and services by such center. Any breakout procurement center
    representative assigned under this subsection shall be in addition
    to the representative referred to in subsection (k)(6) of this
    section.
      (2) In addition to carrying out the responsibilities assigned by
    the Administration, a breakout procurement center representative is
    authorized to - 
        (A) attend any provisioning conference or similar evaluation
      session during which determinations are made as to whether
      requirements are to be procured through other than full and open
      competition and make recommendations with respect to such
      requirements to the members of such conference or session;
        (B) review, at any time, restrictions on competition previously
      imposed on items through acquisition method coding or similar
      procedures, and recommend to personnel of the appropriate
      activity the prompt reevaluation of such limitations;
        (C) review restrictions on competition arising out of
      restrictions on the rights of the United States in technical
      data, and, when appropriate, recommend that personnel of the
      appropriate activity initiate a review of the validity of such an
      asserted restriction;
        (D) obtain from any governmental source, and make available to
      personnel of the appropriate activity, technical data necessary
      for the preparation of a competitive solicitation package for any
      item of supply or service previously procured noncompetitively
      due to the unavailability of such technical data;
        (E) have access to procurement records and other data of the
      procurement center commensurate with the level of such
      representative's approved security clearance classification;
        (F) receive unsolicited engineering proposals and, when
      appropriate (i) conduct a value analysis of such proposal to
      determine whether such proposal, if adopted, will result in lower
      costs to the United States without substantially impeding
      legitimate acquisition objectives and forward to personnel of the
      appropriate activity recommendations with respect to such
      proposal, or (ii) forward such proposals without analysis to
      personnel of the activity responsible for reviewing such
      proposals and who shall furnish the breakout procurement center
      representative with information regarding the disposition of any
      such proposal; and
        (G) review the systems that account for the acquisition and
      management of technical data within the procurement center to
      assure that such systems provide the maximum availability and
      access to data needed for the preparation of offers to sell to
      the United States those supplies to which such data pertain which
      potential offerors are entitled to receive.

      (3) A breakout procurement center representative is authorized to
    appeal the failure to act favorably on any recommendation made
    pursuant to paragraph (2). Such appeal shall be filed and processed
    in the same manner and subject to the same conditions and
    limitations as an appeal filed by the Administrator pursuant to
    subsection (a) of this section.
      (4) The Administration shall assign and co-locate at least two
    small business technical advisers to each major procurement center
    in addition to such other advisers as may be authorized from time
    to time. The sole duties of such advisers shall be to assist the
    breakout procurement center representative for the center to which
    such advisers are assigned in carrying out the functions described
    in paragraph (2) and the representatives referred to in subsection
    (k)(6) of this section.
      (5)(A) The breakout procurement center representatives and
    technical advisers assigned pursuant to this subsection shall be - 
        (i) full-time employees of the Administration; and
        (ii) fully qualified, technically trained, and familiar with
      the supplies and services procured by the major procurement
      center to which they are assigned.

      (B) In addition to the requirements of subparagraph (A), each
    breakout procurement center representative, and at least one
    technical adviser assigned to such representative, shall be an
    accredited engineer.
      (C) The Administration shall establish personnel positions for
    breakout procurement representatives and advisers assigned pursuant
    to this subsection, which are classified at a grade level of the
    General Schedule sufficient to attract and retain highly qualified
    personnel.
      (6) For purposes of this subsection, the term "major procurement
    center" means a procurement center that, in the opinion of the
    Administrator, purchases substantial dollar amounts of other than
    commercial items and which has the potential to incur significant
    savings as the result of the placement of a breakout procurement
    center representative.
      (7)(A) At such times as the Administrator deems appropriate, the
    breakout procurement center representative shall conduct
    familiarization sessions for contracting officers and other
    appropriate personnel of the procurement center to which such
    representative is assigned. Such sessions shall acquaint the
    participants with the provisions of this subsection and shall
    instruct them in methods designed to further the purposes of such
    subsection.
      (B) The breakout procurement center representative shall prepare
    and personally deliver an annual briefing and report to the head of
    the procurement center to which such representative is assigned.
    Such briefing and report shall detail the past and planned
    activities of the representative and shall contain such
    recommendations for improvement in the operation of the center as
    may be appropriate. The head of such center shall personally
    receive such briefing and report and shall, within sixty calendar
    days after receipt, respond, in writing, to each recommendation
    made by such representative.
    (m) Relationship to other procurement programs
      (1) Each agency subject to the requirements of section 2323 of
    title 10 shall, when implementing such requirements - 
        (A) establish policies and procedures that insure that there
      will be no reduction in the number of (!2) dollar value of
      contracts awarded pursuant to this section and section 637(a) of
      this title in order to achieve any goal or other program
      objective; and

        (B) assure that such requirements will not alter or change the
      procurement process used to implement this section or section
      637(a) of this title.

      (2) All procurement center representatives (including those
    referred to in subsection (k)(6) of this section), in addition to
    such other duties as may be assigned by the Administrator, shall - 
        (A) monitor the performance of the procurement activities to
      which they are assigned to ascertain the degree of compliance
      with the requirements of paragraph (1);
        (B) report to their immediate supervisors all instances of
      noncompliance with such requirements; and
        (C) increase, insofar as possible, the number and dollar value
      of procurements that may be used for the programs established
      under this section, section 637(a) of this title, and section
      2323 of title 10.
    (n) Determination of labor surplus areas
      For purposes of this section, the determination of labor surplus
    areas shall be made on the basis of the criteria in effect at the
    time of the determination, except that any minimum population
    criteria shall not exceed twenty-five thousand. Such determination,
    as modified by the preceding sentence, shall be made by the
    Secretary of Labor.
    (o) Requirements for performance of contracts by employees of small
      business concerns
      (1) A concern may not be awarded a contract under subsection (a)
    of this section as a small business concern unless the concern
    agrees that - 
        (A) in the case of a contract for services (except
      construction), at least 50 percent of the cost of contract
      performance incurred for personnel shall be expended for
      employees of the concern;
        (B) in the case of a contract for procurement of supplies
      (other than procurement from a regular dealer in such supplies),
      the concern will perform work for at least 50 percent of the cost
      of manufacturing the supplies (not including the cost of
      materials).

      (2) The Administrator may change the percentage under
    subparagraph (A) or (B) of paragraph (1) if the Administrator
    determines that such change is necessary to reflect conventional
    industry practices among business concerns that are below the
    numerical size standard for businesses in that industry category.
      (3) The Administration shall establish, through public
    rulemaking, requirements similar to those specified in paragraph
    (1) to be applicable to contracts for general and specialty
    construction and to contracts for any other industry category not
    otherwise subject to the requirements of such paragraph. The
    percentage applicable to any such requirement shall be determined
    in accordance with paragraph (2).
    (p) Database, analysis, and annual report with respect to bundled
      contracts
      (1) Bundled contract defined
        In this subsection, the term "bundled contract" has the meaning
      given such term in section 632(o)(1) of this title.
      (2) Database
        (A) (!3) In general

          Not later than 180 days after December 21, 2000, the
        Administrator of the Small Business Administration shall
        develop and shall thereafter maintain a database containing
        data and information regarding - 
            (i) each bundled contract awarded by a Federal agency; and
            (ii) each small business concern that has been displaced as
          a prime contractor as a result of the award of such a
          contract.
      (3) Analysis
        For each bundled contract that is to be recompeted as a bundled
      contract, the Administrator shall determine - 
          (A) the amount of savings and benefits (in accordance with
        subsection (e) of this section) achieved under the bundling of
        contract requirements; and
          (B) whether such savings and benefits will continue to be
        realized if the contract remains bundled, and whether such
        savings and benefits would be greater if the procurement
        requirements were divided into separate solicitations suitable
        for award to small business concerns.
      (4) Annual report on contract bundling
        (A) In general
          Not later than 1 year after December 21, 2000, and annually
        in March thereafter, the Administration shall transmit a report
        on contract bundling to the Committees on Small Business of the
        House of Representatives and the Senate.
        (B) Contents
          Each report transmitted under subparagraph (A) shall include -
         
            (i) data on the number, arranged by industrial
          classification, of small business concerns displaced as prime
          contractors as a result of the award of bundled contracts by
          Federal agencies; and
            (ii) a description of the activities with respect to
          previously bundled contracts of each Federal agency during
          the preceding year, including - 
              (I) data on the number and total dollar amount of all
            contract requirements that were bundled; and
              (II) with respect to each bundled contract, data or
            information on - 
                (aa) the justification for the bundling of contract
              requirements;
                (bb) the cost savings realized by bundling the contract
              requirements over the life of the contract;
                (cc) the extent to which maintaining the bundled status
              of contract requirements is projected to result in
              continued cost savings;
                (dd) the extent to which the bundling of contract
              requirements complied with the contracting agency's small
              business subcontracting plan, including the total dollar
              value awarded to small business concerns as
              subcontractors and the total dollar value previously
              awarded to small business concerns as prime contractors;
              and
                (ee) the impact of the bundling of contract
              requirements on small business concerns unable to compete
              as prime contractors for the consolidated requirements
              and on the industries of such small business concerns,
              including a description of any changes to the proportion
              of any such industry that is composed of small business
              concerns.
      (5) Access to data
        (A) Federal procurement data system
          To assist in the implementation of this section, the
        Administration shall have access to information collected
        through the Federal Procurement Data System.
        (B) Agency procurement data sources
          To assist in the implementation of this section, the head of
        each contracting agency shall provide, upon request of the
        Administration, procurement information collected through
        existing agency data collection sources.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[15], July 18, 1958, 72 Stat. 395; Pub. L.
    95-89, title V, Sec. 502, Aug. 4, 1977, 91 Stat. 562; Pub. L. 95-
    507, title II, Secs. 221, 232, 233, Oct. 24, 1978, 92 Stat. 1770,
    1772; Pub. L. 96-302, title I, Secs. 116, 117, July 2, 1980, 94
    Stat. 839; Pub. L. 98-577, title IV, Sec. 403(a), Oct. 30, 1984, 98
    Stat. 3080; Pub. L. 99-272, title XVIII, Sec. 18003(a), Apr. 7,
    1986, 100 Stat. 363; Pub. L. 99-500, Sec. 101(c) [title X, Secs.
    903(d), 921(a), (b)(1), (c)(2)-(e), 922(c)], Oct. 18, 1986, 100
    Stat. 1783-82, 1783-132, 1783-147 to 1783-149, 1783-152, and Pub.
    L. 99-591, Sec. 101(c) [title X, Secs. 903(d), 921(a), (b)(1),
    (c)(2)-(e), 922(c)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-132,
    3341-147 to 3341-149, 3341-152; Pub. L. 99-661, div. A, title IX,
    formerly title IV, Secs. 903(d), 921(a), (b)(1), (c)(2)-(e),
    922(c), Nov. 14, 1986, 100 Stat. 3912, 3926-3928, 3932, renumbered
    title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273;
    Pub. L. 100-26, Sec. 10(a)(1), (b)(1), Apr. 21, 1987, 101 Stat.
    288; Pub. L. 100-180, div. A, title VIII, Sec. 809(a)-(c), Dec. 4,
    1987, 101 Stat. 1130; Pub. L. 100-496, Sec. 12, Oct. 17, 1988, 102
    Stat. 2465; Pub. L. 100-590, title I, Secs. 110, 133(a), Nov. 3,
    1988, 102 Stat. 2994, 3005; Pub. L. 100-656, title V, Secs. 502,
    503, title VI, Secs. 601, 603, Nov. 15, 1988, 102 Stat. 3881, 3887,
    3888; Pub. L. 101-37, Secs. 19, 21, June 15, 1989, 103 Stat. 74,
    75; Pub. L. 101-510, div. A, title VIII, Sec. 806(e)(3), Nov. 5,
    1990, 104 Stat. 1593; Pub. L. 101-574, title II, Sec. 208, Nov. 15,
    1990, 104 Stat. 2820; Pub. L. 102-190, div. A, title VIII, Sec.
    806(d), Dec. 5, 1991, 105 Stat. 1419; Pub. L. 102-366, title II,
    Sec. 232(b), Sept. 4, 1992, 106 Stat. 1002; Pub. L. 102-484, div.
    A, title VIII, Sec. 801(h)(8), Oct. 23, 1992, 106 Stat. 2446; Pub.
    L. 102-569, title IX, Sec. 911(b), Oct. 29, 1992, 106 Stat. 4486;
    Pub. L. 103-355, title IV, Sec. 4004, title VII, Secs. 7101(a),
    7106(a), Oct. 13, 1994, 108 Stat. 3338, 3367, 3374; Pub. L. 103-
    403, title III, Sec. 305, Oct. 22, 1994, 108 Stat. 4189; Pub. L.
    104-106, div. D, title XLIII, Sec. 4321(c)(3), Feb. 10, 1996, 110
    Stat. 674; Pub. L. 105-135, title IV, Sec. 413, title VI, Sec.
    603(b), Dec. 2, 1997, 111 Stat. 2618, 2632; Pub. L. 106-50, title
    V, Sec. 502, title VI, Sec. 601, Aug. 17, 1999, 113 Stat. 247, 248;
    Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Secs. 806(a), 810], Dec.
    21, 2000, 114 Stat. 2763, 2763A-706.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7102 of the Federal Acquisition Streamlining Act of 1994,
    referred to in subsec. (j)(3), is section 7102 of Pub. L. 103-355,
    which is set out below.

-COD-
                               CODIFICATION                           
      Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 214 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 238, as amended by act
    Aug. 9, 1955, ch. 628, Sec. 9, 69 Stat. 551, which was previously
    classified to section 643 of this title. The provisions of section
    215 of act July 30, 1953, formerly classified to this section, were
    transferred to section 2[10] of Pub. L. 85-536, and are classified
    to section 639 of this title. See Codification note set out under
    section 631 of this title.

                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 806(a)], in eighth sentence, substituted "definition of a
    'United States industry' under the North American Industry
    Classification System, as established" for "four-digit standard
    industrial classification codes contained in the Standard
    Industrial Classification Manual published".
      Subsec. (p). Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Sec.
    810], added subsec. (p).
      1999 - Subsec. (g)(1). Pub. L. 106-50, Sec. 502(a)(3), inserted
    "small business concerns owned and controlled by service-disabled
    veterans," after "the maximum practicable opportunity for small
    business concerns," in penultimate sentence.
      Pub. L. 106-50, Sec. 502(a)(2), inserted after second sentence
    "The Government-wide goal for participation by small business
    concerns owned and controlled by service-disabled veterans shall be
    established at not less than 3 percent of the total value of all
    prime contract and subcontract awards for each fiscal year."
      Pub. L. 106-50, Sec. 502(a)(1), inserted "small business concerns
    owned and controlled by service disabled veterans," after "small
    business concerns," the first place appearing in first sentence.
      Subsec. (g)(2). Pub. L. 106-50, Sec. 502(b)(3), inserted "small
    business concerns owned and controlled by service-disabled
    veterans, by" after "including participation by" in fourth
    sentence.
      Pub. L. 106-50, Sec. 502(b)(2), inserted "small business concerns
    owned and controlled by service-disabled veterans," after "small
    business concerns," the first place appearing in second sentence.
      Pub. L. 106-50, Sec. 502(b)(1), inserted "by small business
    concerns owned and controlled by service-disabled veterans," after
    "small business concerns," the first place appearing in first
    sentence.
      Subsec. (h)(1). Pub. L. 106-50, Sec. 601(a), inserted "small
    business concerns owned and controlled by veterans (including
    service-disabled veterans)," after "small business concerns," the
    first place appearing.
      Subsec. (h)(2). Pub. L. 106-50, Sec. 601(b)(1), inserted "and the
    Congress" before period at end of first sentence in introductory
    provisions.
      Subsec. (h)(2)(A), (D), (E). Pub. L. 106-50, Sec. 601(b)(2),
    inserted "small business concerns owned and controlled by service-
    disabled veterans," after "small business concerns," the first
    place appearing.
      1997 - Subsec. (a). Pub. L. 105-135, Sec. 413(b), in third
    sentence, inserted "or the solicitation involves an unnecessary or
    unjustified bundling of contract requirements, as determined by the
    Administration," after "discrete construction projects,",
    substituted "(4)" for "or (4)", and inserted before period at end
    ", or (5) why the agency has determined that the bundled contract
    (as defined in section 632(o) of this title) is necessary and
    justified".
      Subsec. (e). Pub. L. 105-135, Sec. 413(a), added subsec. (e).
      Subsec. (g)(1). Pub. L. 105-135, Sec. 603(b)(1), inserted
    "qualified HUBZone small business concerns," after "small business
    concerns," in two places, substituted "not less than 23 percent of
    the total value" for "not less than 20 percent of the total value",
    and inserted after second sentence "The Governmentwide goal for
    participation by qualified HUBZone small business concerns shall be
    established at not less than 1 percent of the total value of all
    prime contract awards for fiscal year 1999, not less than 1.5
    percent of the total value of all prime contract awards for fiscal
    year 2000, not less than 2 percent of the total value of all prime
    contract awards for fiscal year 2001, not less than 2.5 percent of
    the total value of all prime contract awards for fiscal year 2002,
    and not less than 3 percent of the total value of all prime
    contract awards for fiscal year 2003 and each fiscal year
    thereafter."
      Subsec. (g)(2). Pub. L. 105-135, Sec. 603(b)(2)(B), (C), inserted
    "qualified HUBZone small business concerns," after "small business
    concerns," in second sentence and substituted "by qualified HUBZone
    small business concerns, by small business concerns owned and
    controlled by socially and economically disadvantaged individuals,
    and by small business concerns owned and controlled by women" for
    "by small business concerns from each industry category in
    procurement contracts of the agency, including participation by
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals and participation by small
    business concerns owned and controlled by women" before period at
    end of fourth sentence.
      Pub. L. 105-135, Sec. 603(b)(2)(A), which directed substitution
    of ", by qualified HUBZone small business concerns, by small
    business concerns owned and controlled by socially and economically
    disadvantaged individuals" for ",, by small business concerns owned
    and controlled by socially and economically disadvantaged
    individuals" in first sentence, was executed by making the
    insertion for the quoted language which started with a single comma
    to reflect the probable intent of Congress and the amendment by
    Pub. L. 104-106, Sec. 4321(c)(3). See 1996 Amendment note below.
      Subsec. (h). Pub. L. 105-135, Sec. 603(b)(3), inserted "qualified
    HUBZone small business concerns," after "small business concerns,"
    wherever appearing.
      Subsec. (k)(5) to (10). Pub. L. 105-135, Sec. 413(c)(1), (2),
    added par. (5) and redesignated former pars. (5) to (9) as (6) to
    (10), respectively.
      1996 - Subsec. (g)(2). Pub. L. 104-106 struck out second comma
    after "goals for the participation by small business concerns,".
      1994 - Subsec. (c)(2)(A). Pub. L. 103-403, Sec. 305(1), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "During each of fiscal years 1989 through 1993, public or
    private organizations for the handicapped shall be eligible to
    participate in programs authorized under this section in an
    aggregate amount for each year as follows: In 1989 not more than
    $30,000,000, in 1990 not more than $40,000,000, and in each of
    1991, 1992 and 1993 not more than $50,000,000."
      Subsec. (c)(7). Pub. L. 103-403, Sec. 305(2), added par. (7).
      Subsec. (e). Pub. L. 103-355, Sec. 7101(a), struck out subsec.
    (e) which read as follows: "In carrying out small business set-
    aside programs, departments, agencies, and instrumentalities of
    the executive branch shall award contracts, and encourage the
    placement of subcontracts for procurement to the following in the
    manner and in the order stated:
        "(1) concerns which are small business concerns and which are
      located in labor surplus areas, on the basis of a total set-
      aside;
        "(2) concerns which are small business concerns, on the basis
      of a total set-aside;
        "(3) concerns which are small business concerns and which are
      located in a labor surplus area, on the basis of a partial set-
      aside;
        "(4) concerns which are small business concerns, on the basis
      of a partial set-aside."
      Subsec. (f). Pub. L. 103-355, Sec. 7101(a), struck out subsec.
    (f) which read as follows: "After priority is given to the small
    business concerns specified in subsection (e) of this section,
    priority shall also be given to the awarding of contracts and the
    placement of subcontracts, on the basis of a total set-aside, to
    concerns which - 
        "(1) are not eligible under subsection (e) of this section;
        "(2) are not small business concerns; and
        "(3) will perform a substantial proportion of the production on
      those contracts and subcontracts within areas of concentrated
      unemployment or underemployment or within labor surplus areas."
      Subsec. (g)(1). Pub. L. 103-355, Sec. 7106(a)(1), substituted ",
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women" for "and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals" in first sentence and in sentence beginning with
    "Notwithstanding the".
      Pub. L. 103-355, Sec. 7106(a)(2)(A), inserted after third
    sentence "The Government-wide goal for participation by small
    business concerns owned and controlled by women shall be
    established at not less than 5 percent of the total value of all
    prime contract and subcontract awards for each fiscal year."
      Subsec. (g)(2). Pub. L. 103-355, Sec. 7106(a)(2)(B), in first
    sentence substituted ", by small business concerns owned and
    controlled by socially and economically disadvantaged individuals,
    and by small business concerns owned and controlled by women" for
    "and by small business concerns owned and controlled by socially
    and economically disadvantaged individuals,".
      Pub. L. 103-355, Sec. 7106(a)(1), in second sentence substituted
    ", small business concerns owned and controlled by socially and
    economically disadvantaged individuals, and small business concerns
    owned and controlled by women" for "and small business concerns
    owned and controlled by socially and economically disadvantaged
    individuals".
      Pub. L. 103-355, Sec. 7106(a)(2)(C), in fourth sentence inserted
    at end "and participation by small business concerns owned and
    controlled by women".
      Subsec. (h)(1), (2)(A), (D), (E). Pub. L. 103-355, Sec.
    7106(a)(1), substituted ", small business concerns owned and
    controlled by socially and economically disadvantaged individuals,
    and small business concerns owned and controlled by women" for "and
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals".
      Subsec. (h)(2)(F). Pub. L. 103-355, Sec. 7106(a)(3), substituted
    "small business concerns owned and controlled by women" for "women-
    owned small business enterprises".
      Subsec. (j). Pub. L. 103-355, Sec. 4004, amended subsec. (j)
    generally. Prior to amendment, subsec. (j) read as follows: "Each
    contract for the procurement of goods and services which has an
    anticipated value not in excess of the small purchase threshold and
    which is subject to small purchase procedures shall be reserved
    exclusively for small business concerns unless the contracting
    officer is unable to obtain offers from two or more small business
    concerns that are competitive with market prices and in terms of
    quality and delivery of the goods or services being purchased. In
    utilizing small purchase procedures, contracting officers shall,
    wherever circumstances permit, choose a method of payment which
    minimizes paperwork and facilitates prompt payment to contractors."
      1992 - Subsec. (c)(1)(A). Pub. L. 102-569 substituted "From
    People Who Are Blind or Severely Disabled" for "from the Blind and
    Other Severely Handicapped".
      Subsec. (c)(2)(B). Pub. L. 102-366, Sec. 232(b)(1), which
    directed the substitution of "Blind-made" for "Blindmade", could
    not be executed to text because "Blindmade" did not appear in
    subpar. (B).
      Subsec. (k)(3), (5). Pub. L. 102-366, Sec. 232(b)(2), substituted
    comma for semicolon at end of pars. (3) and (5).
      Subsec. (k)(9). Pub. L. 102-484, Sec. 801(h)(8)(A), substituted
    "section 2323 of title 10" for "section 1207 of Public Law 99-661".
      Subsec. (l)(6). Pub. L. 102-366, Sec. 232(b)(3), inserted period
    at end.
      Subsec. (m)(1). Pub. L. 102-484, Sec. 801(h)(8)(B), substituted
    "section 2323 of title 10" for "section 1207 of the National
    Defense Authorization Act for Fiscal Year 1987 (10 U.S.C. 2301
    note)".
      Subsec. (m)(2)(B). Pub. L. 102-366, Sec. 232(b)(4), substituted
    "requirements" for "requirement".
      Subsec. (m)(2)(C). Pub. L. 102-484, Sec. 801(h)(8)(C),
    substituted "section 2323 of title 10" for "section 1207 of the
    National Defense Authorization Act for Fiscal Year 1987 (10 U.S.C.
    2301 note)".
      1991 - Subsec. (k)(5). Pub. L. 102-190 amended par. (5)
    generally. Prior to amendment, par. (5) read as follows: "assist
    small business concerns to obtain payments, late payment interest
    penalties, or information due to such concerns, in conformity with
    chapter 39 of title 31;".
      1990 - Subsec. (a). Pub. L. 101-574 inserted after second
    sentence "If a proposed procurement includes in its statement of
    work goods or services currently being performed by a small
    business, and if the proposed procurement is in a quantity or
    estimated dollar value the magnitude of which renders small
    business prime contract participation unlikely, or if a proposed
    procurement for construction seeks to package or consolidate
    discrete construction projects, the Procurement Activity shall
    provide a copy of the proposed procurement to the Procurement
    Activity's Small Business Procurement Center Representative at
    least 30 days prior to the solicitation's issuance along with a
    statement explaining (1) why the proposed acquisition cannot be
    divided into reasonably small lots (not less than economic
    production runs) to permit offers on quantities less than the total
    requirement, (2) why delivery schedules cannot be established on a
    realistic basis that will encourage small business participation to
    the extent consistent with the actual requirements of the
    Government, (3) why the proposed acquisition cannot be offered so
    as to make small business participation likely, or (4) why
    construction cannot be procured as separate discrete projects. The
    thirty-day notification process shall occur concurrently with other
    processing steps required prior to issuance of the solicitation.
    Within 15 days after receipt of the proposed procurement and
    accompanying statement, if the Procurement Center Representative
    believes that the procurement as proposed will render small
    business prime contract participation unlikely, the Representative
    shall recommend to the Procurement Activity alternative procurement
    methods which would increase small business prime contracting
    opportunities."
      Subsec. (j). Pub. L. 101-510 substituted "not in excess of the
    small purchase threshold" for "of less than $25,000".
      1989 - Subsec. (h)(2)(A). Pub. L. 101-37, Sec. 19, inserted
    "individuals" after "economically disadvantaged".
      Subsec. (m)(1)(A). Pub. L. 101-37, Sec. 21, substituted
    "procedures" for "procedure".
      1988 - Subsec. (c). Pub. L. 100-590, Sec. 133(a), amended subsec.
    (c) generally, substituting provisions relating to programs for
    blind and handicapped individuals for provisions relating to
    eligibility, participating organizations, monitoring and
    evaluation, and report to Congressional committees.
      Subsec. (g). Pub. L. 100-656, Sec. 502, added par. (1) and
    designated existing provisions as par. (2) and former pars. (1) and
    (2) as subpars. (A) and (B).
      Subsec. (h). Pub. L. 100-656, Sec. 503, designated existing
    provisions as par. (1), struck out at end "The Administration shall
    submit to the Select Committee on Small Business of the Senate and
    the Committee on Small Business of the House of Representatives
    information obtained from such reports, together with appropriate
    comments.", and added pars. (2) and (3).
      Subsec. (k)(3). Pub. L. 100-656, Sec. 603(1), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "be
    responsible only to, and report directly to, the head of such
    agency or to his deputy, except that in the case of the Department
    of Defense the Director of the Office of Small and Disadvantaged
    Business Utilization shall be responsible to, and report directly
    to, the Under Secretary of Defense for Acquisition,".
      Subsec. (k)(5) to (8). Pub. L. 100-496 added par. (5) and
    redesignated former pars. (5) to (7) as (6) to (8), respectively.
      Subsec. (k)(9). Pub. L. 100-656, Sec. 603(2)-(4), added par. (9).
      Subsec. (l)(2)(D). Pub. L. 100-590, Sec. 110(1), struck out
    "unrestricted" before "technical data" in two places.
      Subsec. (l)(2)(E). Pub. L. 100-590, Sec. 110(2), amended subpar.
    (E) generally. Prior to amendment, subpar. (E) read as follows:
    "have access to the unclassified procurement records and other data
    of the procurement center;".
      Subsec. (l)(3). Pub. L. 100-590, Sec. 110(3), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "A
    breakout procurement center representative is authorized to appeal
    a failure to act favorably on any recommendation made pursuant to
    paragraph (2). Such appeal shall be in writing, specifically
    reciting both the circumstances of the appeal and the basis of the
    recommendation. The appeal shall be decided by a person within the
    employ of the appropriate activity who is at least one supervisory
    level above the person who initially failed to act favorably on the
    recommendation. Such appeal shall be decided within 30 calendar
    days of its receipt."
      Subsec. (l)(6). Pub. L. 100-590, Sec. 110(4), amended par. (6)
    generally. Prior to amendment, par. (6) read as follows: "For
    purposes of this subsection, the term 'major procurement center'
    means a procurement center of the Department of Defense that
    awarded contracts for items other than commercial items totaling at
    least $150,000,000 in the preceding fiscal year, and such other
    procurement centers as designated by the Administrator."
      Subsec. (l)(7). Pub. L. 100-590, Sec. 110(5), added par. (7).
      Subsec. (m). Pub. L. 100-656, Sec. 601, amended subsec. (m)
    generally, substituting provisions related to implementation of
    section 1207 of Pub. L. 99-661 for former provisions related to
    labor surplus area procurement and manpower programs.
      1987 - Subsec. (a). Pub. L. 100-26, Sec. 10(a)(1), made technical
    amendment to directory language of section 921(a)(1) of Pub. L. 99-
    500, Pub. L. 99-591, and Pub. L. 99-661. See 1986 Amendment note
    below.
      Subsec. (g). Pub. L. 100-180, Sec. 809(a)(2), struck out "having
    a value of $25,000 or more" after "procurement contracts of such
    agency".
      Pub. L. 100-180, Sec. 809(a)(1), provided for temporarily
    inserting "having a value of $25,000 or more" after "procurement
    contracts of such agency". See Effective Date of 1987 Amendments
    note below.
      Subsec. (o)(1). Pub. L. 100-180, Sec. 809(b)(1), substituted
    "subsection (a)" for "this subsection" in introductory provisions.
      Subsec. (o)(1)(A). Pub. L. 100-26, Sec. 10(b)(1)(A), substituted
    "at least 50 percent of the cost of contract performance incurred
    for personnel shall be expended for employees of the concern" for
    "the concern will perform at least 50 percent of the cost of the
    contract with its own employees".
      Subsec. (o)(3). Pub. L. 100-26, Sec. 10(b)(1)(B), substituted
    "requirements of such paragraph" for "requirements of such
    subparagraph" and inserted at end "The percentage applicable to any
    such requirement shall be determined in accordance with paragraph
    (2)."
      Subsec. (p). Pub. L. 100-180, Sec. 809(c), struck out subsec. (p)
    which read as follows:
      "(1) Except as provided in paragraphs (2) and (3), the head of
    any Federal agency shall, within five days of the agency's decision
    to set aside a procurement for small business concerns under this
    section, provide the names and addresses of the small business
    concerns expected to respond to the procurement to any person who
    requests such information.
      "(2) The Secretary of Defense may decline to provide information
    under paragraph (1) in order to protect national security
    interests.
      "(3) The head of a Federal agency is not required to release any
    information under paragraph (1) that is not required to be released
    under section 552 of title 5."
      1986 - Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec.
    101(c) [Sec. 921(a), (b)], Pub. L. 99-661, Sec. 921(a), (b), as
    amended by Pub. L. 100-26, Sec. 10(a)(1), amended subsec. (a)
    identically, inserting "in each industry category" in cl. (3), and
    inserting provision identifying an industry category, providing for
    determination of such category by the Administrator, and permitting
    segmentation of a market for goods and services under certain
    circumstances and provision that a contract not be awarded if the
    award would result in a cost to the awarding agency which exceeds a
    fair market price.
      Subsec. (g). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
    921(d)], Pub. L. 99-661, Sec. 921(d), amended subsec. (g)
    identically, striking out "having values of $10,000 or more" after
    "such agency" and inserting provision requiring the head of each
    Federal agency to make consistent efforts to annually expand
    participation by small business concerns from each industry
    category in procurement contracts of the agency.
      Subsec. (j). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) [Sec.
    922(c)], Pub. L. 99-661, Sec. 922(c), amended subsec. (j)
    identically, substituting "$25,000" for "$10,000".
      Subsec. (k)(3). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
    [Sec. 903(d)], Pub. L. 99-661, Sec. 903(d), which directed
    identical amendments to par. (3) by inserting ", except that in the
    case of the Department of Defense the Director of the Office of
    Small and Disadvantaged Business Utilization shall be responsible
    to, and report directly to, the Under Secretary of Defense for
    Acquisition" was executed by inserting that phrase immediately
    before the comma at the end as the probable intent of Congress.
      Subsec. (n). Pub. L. 99-272 added subsec. (n).
      Subsecs. (o), (p). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c)
    [Sec. 921(c)(2), (e)], Pub. L. 99-661, Sec. 921(c)(2), (e), amended
    section identically, adding subsecs. (o) and (p).
      1984 - Subsecs. (l), (m). Pub. L. 98-577 added subsec. (l) and
    redesignated former subsec. (l) as (m).
      1980 - Subsec. (c). Pub. L. 96-302, Sec. 116, substituted
    provisions covering participation of not-for-profit organizations
    in certain authorized programs during fiscal years 1981, through
    1983, the monitoring and evaluation of such participation as
    causing severe economic injury to for-profit small businesses and
    transmission of report to congressional committees not later than
    Jan. 1, 1982, respecting impact of contracts on the for-profit
    small businesses for provisions respecting eligibility during
    fiscal year 1978, of public and private organizations and
    individuals to participate in the award of contracts and requiring
    transmission of a report by March 1, 1979.
      Subsec. (d). Pub. L. 96-302, Sec. 117(a), substituted "small
    business concerns" for "concerns".
      Subsec. (e). Pub. L. 96-302, Sec. 117(b), in revising text,
    struck out from introductory clause reference to labor surplus
    areas; reenacted par. (1) reversing order of reference to small
    business concerns and location in labor surplus areas; reenacted
    par. (2); added par. (3); redesignated former par. (3) as (4); and
    struck out former par. (4) as to concerns located in labor surplus
    areas on basis of total set-aside, as covered in par. (1).
      Subsec. (f). Pub. L. 96-302, Sec. 117(b), substituted provision
    respecting other priorities in placement of contracts for
    requirement that subsecs. (d) and (e) of this section cease to be
    effective subsequent to Sept. 30, 1980, unless renewed prior to
    such date.
      1978 - Subsec. (f). Pub. L. 95-507, Sec. 232, substituted
    "September 30, 1980" for "September 30, 1979".
      Subsecs. (g) to (k). Pub. L. 95-507, Sec. 221, added subsecs. (g)
    to (k).
      Subsec. (l). Pub. L. 95-507, Sec. 233, added subsec. (l).
      1977 - Pub. L. 95-89 designated existing provisions as subsec.
    (a) and added subsecs. (b) to (f).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 104-
    106, see section 4401 of Pub. L. 104-106, set out as a note under
    section 251 of Title 41, Public Contracts.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by sections
    4004 and 7106(a) of Pub. L. 103-355, see section 10001 of Pub. L.
    103-355, set out as a note under section 251 of Title 41, Public
    Contracts.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Amendment by Pub. L. 101-37 applicable as if included in Pub. L.
    100-656, see section 32 of Pub. L. 101-37, set out as a note under
    section 631 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Amendment by sections 502 and 503 of Pub. L. 100-656 effective
    Oct. 1, 1989, and amendment by sections 601 and 603 of Pub. L. 100-
    656 effective Nov. 15, 1988, see section 803(a)(7), (b)(4)(C), of
    Pub. L. 100-656, as amended, set out as a note under section 631 of
    this title.
      Amendment by Pub. L. 100-496 applicable to payments under
    contracts awarded, contracts renewed, and contract options
    exercised during or after the first fiscal quarter which begins
    more than 90 days after Oct. 17, 1988, see section 14(a) of Pub. L.
    100-496, set out as a note under section 3902 of Title 31, Money
    and Finance.

                     EFFECTIVE DATE OF 1987 AMENDMENTS                 
      Section 809(a)(1) of Pub. L. 100-180 provided that the amendment
    made by that section is in effect until Sept. 30, 1988.
      Section 809(a)(2) of Pub. L. 100-180, as amended by Pub. L. 100-
    656, title VII, Sec. 731, Nov. 15, 1988, 102 Stat. 3897, provided
    that the amendment made by that section is effective Oct. 1, 1989.
      Amendment by section 10(a)(1), (b)(1) of Pub. L. 100-26
    applicable as if included in each instance of the Defense
    Acquisition Improvement Act (as specified in section 2 of Pub. L.
    100-26) [title X of section 101(c) of Pub. L. 99-500 and Pub. L. 99-
    591, and title IX of div. A of Pub. L. 99-661] when each was
    enacted [Oct. 18, 1986, Oct. 30, 1986, and Nov. 14, 1986,
    respectively], see section 12(c) of Pub. L. 100-26, set out as a
    note under section 632 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENTS                 
      Section 18003(b) of Pub. L. 99-272 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the ninetieth day after the date of the enactment of this Act [Apr.
    7, 1986].
      Amendment by section 101(c) [title X, Sec. 921(a), (b)(1), (c)(2)-
    (e)] of Pub. L. 99-500 and Pub. L. 99-591, and section 921(a),
    (b)(1), (c)(2)-(e) of Pub. L. 99-661 effective Oct. 1, 1987, see
    section 101(c) of Pub. L. 99-500 and Pub. L. 99-591, and section
    921(g) of Pub. L. 99-661, set out as a note under section 632 of
    this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 effective Oct. 1, 1980, see section
    507 of Pub. L. 96-302, set out as a note under section 631 of this
    title.

       MANUFACTURING CONTRACTS THROUGH MANUFACTURING APPLICATION AND
                             EDUCATION CENTERS
      Section 303 of Pub. L. 103-403 provided that:
      "(a) In General. - The Small Business Administration shall
    promote the award of Federal manufacturing contracts to small
    business concerns that participate in manufacturing application and
    education centers by working with the Department of Commerce and
    other agencies to identify components and subsystems that are both
    critical and currently foreign-sourced.
      "(b) Qualifications. - In order to qualify as a manufacturing
    application and education center under this section, an entity
    shall have the capacity to assist small business concerns in a
    shared-use production environment and to offer the following
    services:
        "(1) Technology demonstration.
        "(2) Technology education.
        "(3) Technology application support.
        "(4) Technology advancement support.
      "(c) Inapplicability of Certain Requirements. - The requirements
    of section 15(o)(1)(B) of the Small Business Act [15 U.S.C.
    644(o)(1)(B)] shall not apply with respect to any manufacturing
    contract carried out by a small business concern in conjunction
    with a manufacturing application and education center under this
    section.
      "(d) Regulations. - Not later than 180 days after the date of
    enactment of this Act [Oct. 22, 1994], the Administrator of the
    Small Business Administration shall promulgate final regulations to
    carry out this section.
      "(e) Termination of Authority. - The authority of the Small
    Business Administration under this section shall terminate on
    September 30, 1997.
      "(f) Authorization of Appropriations. - There are authorized to
    be appropriated to the Small Business Administration, such sums as
    may be necessary to carry out this section."

              PILOT PROGRAM FOR VERY SMALL BUSINESS CONCERNS          
      Section 304 of Pub. L. 103-403, as amended by Pub. L. 105-135,
    title V, Sec. 508, Dec. 2, 1997, 111 Stat. 2627; Pub. L. 106-554,
    Sec. 1(a)(9) [title V, Sec. 503(c)], Dec. 21, 2000, 114 Stat. 2763,
    2763A-695, provided that:
      "(a) Establishment. - The Administrator shall establish and carry
    out a pilot program in accordance with the requirements of this
    section to provide improved access to Federal contract
    opportunities for very small business concerns.
      "(b) Procurement Contracts. - 
        "(1) In general. - In carrying out subsection (a), the
      Administrator shall identify procurement contracts of Federal
      agencies for award under the program.
        "(2) Contract awards. - Under the program established pursuant
      to this section, the award of a procurement contract of a Federal
      agency identified by the Administration pursuant to paragraph (1)
      shall be made by the agency to an eligible program participant
      selected, and determined to be responsible, by the agency.
        "(3) Competition. - All contract opportunities offered for
      award under the program shall be awarded on the basis of
      competition among eligible very small business concerns.
      "(c) Eligibility. - Only a very small business concern shall be
    eligible to compete for a contract to be awarded under the program.
    A contracting officer may rely in good faith on a written
    certification that a small business concern is a very small
    business concern.
      "(d) Delegation of Authority. - The authority of the
    Administrator under subsections (b)(1) and (c) shall be delegated
    to not less than 5 and not more than 10 districts of the
    Administration to promote the award of contracts that can be
    performed by very small business concerns.
      "(e) Financial Assistance. - In order to assist very small
    business concerns receiving contract awards under the program, the
    Administrator shall establish a preauthorization program for such
    concerns for the purpose of receiving financial assistance under
    section 7(a) of the Small Business Act [15 U.S.C. 636(a)].
      "(f) Attainment of Contract Goals. - All contract awards made
    under the program shall be counted toward the attainment of the
    goals specified in section 15(g) of the Small Business Act [15
    U.S.C. 644(g)].
      "(g) Regulations. - The Administrator shall - 
        "(1) issue proposed regulations to carry out this section not
      later than 180 days after the date of enactment of this Act [Oct.
      22, 1994]; and
        "(2) issue final regulations to carry out this section not
      later than 270 days after the date of enactment of this Act.
      "(h) Report to Congress. - Not later than April 30, 1997, the
    Administrator shall transmit to the Congress a report on the
    results of the program, together with such recommendations as the
    Administrator deems appropriate.
      "(i) Program Term. - Implementation of the program shall begin
    not later than August 30, 1995. The program authorized by this
    section shall expire on September 30, 2003.
      "(j) Definitions. - For purposes of this section, the following
    definitions shall apply:
        "(1) Administration. - The term 'Administration' means the
      Small Business Administration.
        "(2) Administrator. - The term 'Administrator' means the
      Administrator of the Small Business Administration.
        "(3) Program. - The term 'program' means a program established
      pursuant to subsection (a).
        "(4) Very small business concern. - The term 'very small
      business concern' means a small business concern that - 
          "(A) has not more than 15 employees; and
          "(B) has average annual receipts that total not more than
        $1,000,000."

          EXPEDITED RESOLUTION OF CONTRACT ADMINISTRATION MATTERS      
      Section 2353 of Pub. L. 103-355 provided that:
      "(a) Regulations Required. - (1) The Federal Acquisition
    Regulation shall include provisions that require a contracting
    officer - 
        "(A) to make every reasonable effort to respond in writing
      within 30 days to any written request made to a contracting
      officer with respect to a matter relating to the administration
      of a contract that is received from a small business concern; and
        "(B) in the event that the contracting officer is unable to
      reply within the 30-day period, to transmit to the contractor
      within such period a written notification of a specific date by
      which the contracting officer expects to respond.
      "(2) The provisions shall not apply to a request for a
    contracting officer's decision under the Contract Disputes Act of
    1978 (41 U.S.C. 601 et seq.).
      "(b) Rule of Construction. - Nothing in this section shall be
    considered as creating any rights under the Contract Disputes Act
    of 1978 (41 U.S.C. 601 et seq.).
      "(c) Definition. - In this section, the term 'small business
    concern' means a business concern that meets the requirements of
    section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the
    regulations promulgated pursuant to that section."

             CONTRACTING PROGRAM FOR CERTAIN SMALL BUSINESSES         
      Section 7102 of Pub. L. 103-355, as amended by Pub. L. 106-554,
    Sec. 1(a)(9) [title V, Sec. 503(d)], Dec. 21, 2000, 114 Stat. 2763,
    2763A-695, provided that:
      "(a) Procurement Procedures Authorized. - (1) To facilitate the
    attainment of a goal for the participation of small business
    concerns owned and controlled by socially and economically
    disadvantaged individuals that is established for a Federal agency
    pursuant to section 15(g)(1) of the Small Business Act (15 U.S.C.
    644(g)(1)), the head of the agency may enter into contracts using -
    
        "(A) less than full and open competition by restricting the
      competition for such awards to small business concerns owned and
      controlled by socially and economically disadvantaged individuals
      described in subsection (d)(3)(C) of section 8 of the Small
      Business Act (15 U.S.C. 637); and
        "(B) a price evaluation preference not in excess of 10 percent
      when evaluating an offer received from such a small business
      concern as the result of an unrestricted solicitation.
      "(2) Paragraph (1) does not apply to the Department of Defense,
    the Coast Guard, and the National Aeronautics and Space
    Administration.
      "(b) Implementation Through the Federal Acquisition Regulation. -
    
        "(1) In general. - The Federal Acquisition Regulation shall be
      revised to provide for uniform implementation of the authority
      provided in subsection (a).
        "(2) Matters to be addressed. - The revisions of the Federal
      Acquisition Regulation made pursuant to paragraph (1) shall
      include - 
          "(A) conditions for the use of advance payments;
          "(B) provisions for contract payment terms that provide for -
        
            "(i) accelerated payment for work performed during the
          period for contract performance; and
            "(ii) full payment for work performed;
          "(C) guidance on how contracting officers may use, in
        solicitations for various classes of products or services, a
        price evaluation preference pursuant to subsection (a)(1)(B),
        to provide a reasonable advantage to small business concerns
        owned and controlled by socially and economically disadvantaged
        individuals without effectively eliminating any participation
        of other small business concerns; and
          "(D)(i) procedures for a person to request the head of a
        Federal agency to determine whether the use of competitions
        restricted to small business concerns owned and controlled by
        socially and economically disadvantaged individuals at a
        contracting activity of such agency has caused a particular
        industry category to bear a disproportionate share of the
        contracts awarded to attain the goal established for that
        contracting activity; and
          "(ii) guidance for limiting the use of such restricted
        competitions in the case of any contracting activity and class
        of contracts determined in accordance with such procedures to
        have caused a particular industry category to bear a
        disproportionate share of the contracts awarded to attain the
        goal established for that contracting activity.
      "(c) Termination. - This section shall cease to be effective at
    the end of September 30, 2003."
      [For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.]

                SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL            
      Section 7104 of Pub. L. 103-355 provided that:
      "(a) Establishment. - There is hereby established an interagency
    council to be known as the 'Small Business Procurement Advisory
    Council' (hereinafter in this section referred to as the
    'Council').
      "(b) Duties. - The duties of the Council are - 
        "(1) to develop positions on proposed procurement regulations
      affecting the small business community; and
        "(2) to submit comments reflecting such positions to
      appropriate regulatory authorities.
      "(c) Membership. - The Council shall be composed of the following
    members:
        "(1) The Administrator of the Small Business Administration (or
      the designee of the Administrator).
        "(2) The Director of the Minority Business Development Agency.
        "(3) The head of each Office of Small and Disadvantaged
      Business Utilization (established under section 15(k) of the
      Small Business Act (15 U.S.C. 644(k))[)] in each Federal agency
      having procurement powers.
      "(d) Chairman. - The Council shall be chaired by the
    Administrator of the Small Business Administration.
      "(e) Meetings. - The Council shall meet at the call of the
    chairman as necessary to consider proposed procurement regulations
    affecting the small business community.
      "(f) Consideration of Council Comments. - The Federal Acquisition
    Regulatory Council and other appropriate regulatory authorities
    shall consider comments submitted in a timely manner pursuant to
    subsection (b)(2)."

        PROCUREMENT PROCEDURES UNDER SMALL BUSINESS COMPETITIVENESS
                     DEMONSTRATION PROGRAM ACT OF 1988
      Section 202(h) of Pub. L. 102-366 provided that: "Restricted
    competitions pursuant to section 713(b) of the Small Business
    Competitiveness Demonstration Program Act of 1988 [Pub. L. 100-656]
    (15 U.S.C. 644 note, 102 Stat. 3892) shall not be imposed with
    respect to the designated industry group of architectural and
    engineering services if the rate of small business participation
    exceeds 35 percent, until the improvements to the collection of
    data regarding prime contract awards (as required by subsection (g)
    [amending section 717 of Pub. L. 100-656, set out below]) and the
    system for collecting data regarding other than prime contract
    awards (as required by subsection (d) [amending section 714 of Pub.
    L. 100-656, set out below]) have been implemented, as determined by
    the Administrator for Federal Procurement Policy."

        MODIFICATIONS OF TEST PLAN AND POLICY DIRECTION UNDER SMALL
        BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM ACT OF 1988
      Section 202(i) of Pub. L. 102-366 provided that: "The
    Administrator for Federal Procurement Policy shall issue
    appropriate modifications to the test plan and policy direction
    issued pursuant to section 715 of the Small Business
    Competitiveness Demonstration Program Act of 1988 [Pub. L. 100-656,
    set out below], to conform to the amendments made by this section
    and section 201(a) [amending sections 711 to 714, 716, and 717 of
    Pub. L. 100-656, set out below]."

                          CONTRACT BUNDLING STUDY                      
      Pub. L. 102-366, title III, Sec. 321, Sept. 4, 1992, 106 Stat.
    1006, provided that the Administrator of the Small Business
    Administration was to conduct a study regarding the impact of the
    practice known as "contract bundling" on the participation of small
    business concerns in the Federal procurement process and, not later
    than May 15, 1993, to submit a report on the results of the study
    to the Committees on Small Business of the Senate and the House of
    Representatives.

           SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM       
      Pub. L. 100-656, title VII, Secs. 701-722, Nov. 15, 1988, 102
    Stat. 3889-3895, as amended by Pub. L. 101-37, Secs. 23-29, June
    15, 1989, 103 Stat. 75, 76; Pub. L. 101-574, title II, Sec. 243,
    Nov. 15, 1990, 104 Stat. 2827; Pub. L. 102-54, Sec. 13(e), June 13,
    1991, 105 Stat. 275; Pub. L. 102-366, title II, Secs. 201-202(g),
    203, Sept. 4, 1992, 106 Stat. 993-996; Pub. L. 102-484, div. A,
    title VIII, Sec. 801(h)(9), Oct. 23, 1992, 106 Stat. 2446; Pub. L.
    102-564, title III, Sec. 307(a), Oct. 28, 1992, 106 Stat. 4263;
    Pub. L. 103-160, div. A, title VIII, Sec. 850(2), Nov. 30, 1993,
    107 Stat. 1726; Pub. L. 103-446, title XII, Sec. 1202(a)(1), Nov.
    2, 1994, 108 Stat. 4689; Pub. L. 104-208, div. D, title I, Sec.
    108(a)-(c)(1), Sept. 30, 1996, 110 Stat. 3009-732, 3009-733; Pub.
    L. 105-18, title II, Sec. 2002, June 12, 1997, 111 Stat. 174; Pub.
    L. 105-135, title IV, Secs. 401-405, Dec. 2, 1997, 111 Stat. 2616;
    Pub. L. 108-375, div. A, title VIII, Sec. 821, Oct. 28, 2004, 118
    Stat. 2016, provided that:

                    "PART A - SHORT TITLE AND FINDINGS                

      "SEC. 701. SHORT TITLE.
      "This title [amending section 632 of this title and section 541
    of former Title 40, Public Buildings, Property, and Works [now 40
    U.S.C. 1102], enacting provisions set out as notes under sections
    632 and 644 of this title, and amending provisions set out as a
    note under section 644 of this title] may be cited as the 'Small
    Business Competitiveness Demonstration Program Act of 1988'.

      "SEC. 702. FINDINGS.
      "The Congress finds that - 
        "(1) many small business concerns have repeatedly demonstrated
      their ability to fulfill a broad range of Government requirements
      for products, services (including research, development,
      technical, and professional services), and construction, through
      the Federal procurement process;
        "(2) various Congressional mandated reforms to the Federal
      procurement process, including the Competition in Contracting Act
      of 1984 [Pub. L. 98-369, div. B, title VII, see Tables for
      classification], the Defense Procurement Reform Act of 1984 [Pub.
      L. 98-525, title XII, see Tables for classification], and the
      Small Business and Federal Procurement Competition Enhancement
      Act of 1984 [Pub. L. 98-577, see Tables for classification], were
      designed to eliminate obstacles to competition and thereby to
      broaden small business participation; and
        "(3) traditional agency efforts to implement the mandate for
      small business participation in a fair proportion of Federal
      procurements as required by section 15(a) of the Small Business
      Act [15 U.S.C. 644(a)] have resulted in - 
          "(A) a concentration of procurement contract awards in a
        limited number of industry categories, often dominated by small
        business concerns, through the use of set-asides, for the
        purpose of assuring the attainment of the agency's overall
        small business contracting goals; and
          "(B) inadequate efforts to expand small business
        participation in agency procurements of products or services
        which have historically demonstrated low rates of small
        business participation despite substantial potential for
        expanded small business participation.

                      "PART B - DEMONSTRATION PROGRAM                  

      "SEC. 711. SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM.
      "(a) Establishment. - There is established a Small Business
    Competitiveness Demonstration Program (hereafter referred to in
    this title as 'the Program') pursuant to section 15 of the Office
    of Federal Procurement Policy Act (41 U.S.C. 413) to provide for
    the testing of innovative procurement methods and procedures. The
    Administrator of Federal Procurement Policy shall designate the
    Administrator of the Small Business Administration as the executive
    agent responsible for conducting the test.
      "(b) Purposes. - The purposes of the Program are to demonstrate
    whether - 
        "(1) the competitive capabilities of small business firms in
      certain industry categories will enable them to successfully
      compete on an unrestricted basis for Federal contracting
      opportunities,
        "(2) the use of targeted goaling and management techniques by
      procuring agencies, in conjunction with the Small Business
      Administration, can expand small business participation in
      Federal contracting opportunities which have been historically
      low, despite adequate numbers of qualified small business
      contractors in the economy, and
        "(3) expanded use of full and open competition, as specified by
      the Competition in Contracting Act of 1984 (10 U.S.C. 2302(3) and
      41 U.S.C. 403(7)), adversely affects small business participation
      in certain industry categories, taking into consideration the
      numerical dominance of small firms, the size and scope of most
      contracting opportunities, and the competitive capabilities of
      small firms.
      "(c) Program Term. - The Program shall commence on January 1,
    1989.
      "(d) Application. - The Program shall apply to contract
    solicitations for the procurement of services in industry groups
    designated in section 717.

      "SEC. 712. ENHANCED SMALL BUSINESS PARTICIPATION GOALS.
      "(a) Enhanced Goals for Designated Industry Groups. - Each
    participating agency shall establish an annual small business
    participation goal that is 40 percent of the dollar value of the
    contract awards for each of the designated industry groups. In
    attaining its small business participation goal for contract awards
    for each of the designated industry groups, each participating
    agency shall make a good faith effort to assure that emerging small
    business concerns are awarded not less than 15 percent of the
    dollar value of the contract awards for each of the designated
    industry groups.
      "(b) Special Assistance for Emerging Small Business Concerns. - 
        "(1) Small business reserve. - During the term of the Program,
      all contract opportunities in the industry groups designated in
      section 717 shall be reserved for exclusive competition among
      emerging small business concerns in accordance with the
      competition standard specified in section 15(j) of the Small
      Business Act (15 U.S.C. 644(j)), if the estimated award value of
      the contract is equal to or less than the greater of:
          "(A) $25,000, or
          "(B) such larger dollar amount established pursuant to
        paragraph (2).
        "(2) Adjustments to the small business reserve. - If the goal
      of awarding emerging small business concerns 15 percent of the
      total dollar value of contracts in a designated industry category
      is determined not to have been attained, upon the review of award
      data conducted in accordance with subsection (d)(1) of this
      section, the Administrator for Federal Procurement Policy, to
      ensure attainment of such goal, shall prescribe, on a semiannual
      basis, appropriate adjustments to the dollar threshold for
      contract opportunities in such designated industry category below
      which competition shall be conducted exclusively among emerging
      small business concerns.
        "(3) Small business small purchase reserve. - The requirements
      of this subsection dealing with the reserve amount shall apply
      notwithstanding the amount specified in section 15(j) of the
      Small Business Act (15 U.S.C. 644(j)).
        "(4) Exclusion of modifications to existing contracts above the
      small purchase threshold. - Any modification or follow-on award
      to a contract having an initial award value in excess of $25,000
      shall not be subject to the limitations on competition required
      by this subsection.
      "(c) Targeting Industry Categories With Limited Small Business
    Participation. - (1) Concurrent with the term of the Small Business
    Competitiveness Demonstration Program, the head of each
    participating agency shall implement a program to expand small
    business participation in the agency's acquisition of selected
    products and services in 10 industry categories which have
    historically demonstrated low rates of small business
    participation. The products and services to be targeted for the
    small business participation expansion program and the special
    goals for such program, shall be developed in conjunction with the
    Administrator of the Small Business Administration, and shall be
    subject to the requirements of section 15(g) of the Small Business
    Act (15 U.S.C. 644(g)).
      "(2) The products or services selected for the small business
    participation expansion program shall be drawn from industry
    categories that:
        "(A) are the recipients of substantial purchases by the Federal
      Government;
        "(B) have less than 10 percent of such annual purchases made
      from small business concerns; and
        "(C) have significant amounts of small business productive
      capacity that have not been utilized by the Government.
      "(3) In developing its small business participation expansion
    program, each participating agency shall:
        "(A) prepare, and furnish to the Administration, a detailed,
      time-phased strategy (with incremental numerical goals); and
        "(B) encourage and promote joint ventures, teaming agreements
      and other similar arrangements, which permit small business
      concerns to effectively compete for contract solicitations for
      which an individual small business concern would lack the
      requisite capacity or capability needed to establish
      responsibility for the award of a contract.
      "(d) Monitoring Agency Performance. - 
        "(1) Participating agencies shall monitor the attainment of
      their small business participation goals on an annual basis. An
      annual review by each participating agency shall be completed not
      later than January 31 of each year, based on the data for the
      preceding fiscal year, from October 1 through September 30.
        "(2) All awards to small business concerns (including small
      business concerns owned and controlled by socially and
      economically disadvantaged individuals) shall be counted toward
      attainment of the goals specified in subsection (a) of this
      section.
        "(3) Modifications to a participating agency's solicitation
      practices, pursuant to section 713(b), shall be made at the
      beginning of the fiscal year quarter following each review, if
      the rate of small business participation is less than 40 percent
      of the contract awards.

      "SEC. 713. PROCUREMENT PROCEDURES.
      "(a) Full and Open Competition. - Except as provided in
    subsections (b) and (c), each contract opportunity with an
    anticipated value of more than $25,000 for the procurement of
    services from firms in the designated industry groups (unless set
    aside pursuant to section 8(a) of the Small Business Act (15 U.S.C.
    637(a)) or section 2323 of title 10, United States Code) shall be
    solicited on an unrestricted basis during the term of the Program,
    if the participating agency has attained its small business
    participation goal pursuant to section 712(a). Any regulatory
    requirements which are inconsistent with this provision shall be
    waived.
      "(b) Restricted Competition. - If a participating agency has
    failed to attain its small business participation goal under
    section 712(a), subsequent contracting opportunities, which are in
    excess of the reserve thresholds specified pursuant to section
    712(b) shall be solicited through a competition restricted to
    eligible small business concerns pursuant to section 15(a) of the
    Small Business Act (15 U.S.C. 644(a)) only at those buying
    activities of the participating agency that failed to attain the
    small business participation goal required by section 712(a). Upon
    determining that its contract awards to small business concerns
    again meet the goals required by section 712(a), a participating
    agency shall promptly resume the use of unrestricted solicitations
    pursuant to subsection (a). Such modifications in the participating
    agency's solicitation practices shall be made as soon as
    practicable, but not later than the beginning of the quarter
    following completion of the review made pursuant to section 712(d)
    indicating that changes to solicitation practices are required.
      "(c) Relationship With the Competition in Contracting Act of
    1984. - Subsections (a) and (b) shall not be construed to supersede
    the application of the Competition in Contracting Act of 1984 (98
    Stat. 1175) [Pub. L. 98-369, div. B, title VII, see Tables for
    classification].
      "(d) Relationship to Other Applicable Law. - Solicitations for
    the award of contracts for architectural and engineering services
    (including surveying and mapping) issued by a Military Department
    or a Defense agency shall comply with the requirements of
    subsections (a) and (b) of section 2855 of title 10, United States
    Code.

      "SEC. 714. REPORTING.
      "(a) Awards of $25,000 or Less. - During the term of the Small
    Business Competitiveness Demonstration Program, each award of
    $25,000 or less made by a participating agency for the procurement
    of a service in any of the designated industry categories shall be
    reported to the Federal Procurement Data Center in the same manner
    as if the purchase were in excess of $25,000.
      "(b) Subcontracting Activity. - 
        "(1) Simplified data collection system. - The Administrator for
      Federal Procurement Policy shall develop and implement a
      simplified system to collect data on the participation of small
      business concerns (including small business concerns owned and
      controlled by socially and economically disadvantaged
      individuals) as other than prime contractors.
        "(2) Participating industries. - The system established under
      paragraph (1) shall be used to collect data regarding contracts
      for architectural and engineering services (including surveying
      and mapping). The Administrator for Federal Procurement Policy
      may expand such system to collect data regarding such other
      designated industry groups as deemed appropriate.
        "(3) Participating agencies. - As part of the system
      established under paragraph (1) data shall be collected from - 
          "(A) the Environmental Protection Agency;
          "(B) the National Aeronautics and Space Administration;
          "(C) the United States Army Corps of Engineers (Civil Works);
        and
          "(D) the Department of Energy.
      The Administrator for Federal Procurement Policy may require the
      participation of additional departments or agencies from the list
      of participating agencies designated in section 718.
        "(4) Determining small business participation rates. - The
      value of other than prime contract awards to small business
      concerns furnishing architectural and engineering services
      (including surveying and mapping) or other services in support of
      such contracts (or other services provided by small business
      concerns in other designated industry groups as may be designated
      for participation by the Administrator for Federal Procurement)
      shall be counted towards determining whether the small business
      participation goal required by section 712(a) has been attained.
        "(5) Duration. - The system described in subsection (a) shall
      be established not later than October 1, 1996 (or as soon as
      practicable thereafter on the first day of a subsequent quarter
      of fiscal year 1997), and shall terminate on September 30, 1997.
      "(c) Size and Status of Small Business Concerns. - During the
    term of the Program, each participating agency shall collect data
    pertaining to the size of the small business concern and the status
    of the small business concern (as a small business concern owned
    and controlled by socially and economically disadvantaged
    individuals) receiving any award for the procurement of - 
        "(1) services in each of the designated industry groups; and
        "(2) products or services from industry categories selected for
      participation in the small business participation expansion
      program, pursuant to section 712(c).

      "SEC. 715. TEST PLAN AND POLICY DIRECTION.
      "(a) Test Plan. - The Administrator for Federal Procurement
    Policy may further specify the manner and conduct of the test
    activities required by this title through a test plan issued
    pursuant to section 15 of the Office of Federal Procurement Policy
    Act (41 U.S.C. 413).
      "(b) Policy Direction. - The Administrator for Federal
    Procurement Policy, in cooperation with the Administrator of the
    Small Business Administration, shall issue a policy directive
    (which shall be binding on all participating agencies) to ensure
    consistent Government-wide implementation of this title in the
    Federal Acquisition Regulation, title 48 of the Code of Federal
    Regulations, issued pursuant to the Office of Federal Procurement
    Policy Act [41 U.S.C. 401 et seq.].

      "SEC. 716. REPORTS TO CONGRESS.
      "(a) In General. - Within 180 days after data for each of fiscal
    years 1991 through 2000 are available from the Federal Procurement
    Data Center, the Administrator of the Small Business Administration
    shall report the results of the Small Business Competitiveness
    Demonstration Program to the Committees on Small Business of the
    Senate and House of Representatives [Committee on Small Business of
    Senate now Committee on Small Business and Entrepreneurship of
    Senate], to the Committee on Governmental Affairs [now Committee on
    Homeland Security and Governmental Affairs] of the Senate, and to
    the Committee on Government Reform and Oversight of the House of
    Representatives [now Committee on Government Reform of House of
    Representatives]. The views of the Administrator of the Small
    Business Administration shall be included in the report.
      "(b) Analysis of Program. - The report shall include a section
    prepared by the Administrator of the Small Business Administration
    specifying the cumulative results of the intensive goaling and
    management program conducted to expand small business participation
    in agency acquisitions of selected products and services.
      "(c) Recommendations. - To the extent the results of the Program
    demonstrate sufficiently high small business participation based on
    unrestricted contract competition in the designated industry
    groups, the report to be submitted during calendar year 1997 shall
    include recommendations (if appropriate) for changes in legislation
    or modifications of procurement regulations aimed at increasing
    reliance on unrestricted competition if high rates of small
    business participation in the Federal procurement market can be
    maintained.

      "SEC. 717. DESIGNATED INDUSTRY GROUPS.
      "(a) In General. - For the purposes of participation in this
    Program, the designated industry groups are - 
        "(1) construction (excluding dredging);
        "(2) refuse systems and related services;
        "(3) architectural and engineering services (including
      surveying and mapping);
        "(4) non-nuclear ship repair; and
        "(5) landscaping and pest control services.
      "(b) Construction. - Construction shall include contract awards
    assigned one of the standard industrial classification codes or
    North American Industrial Classification Codes that comprise - 
        "(1) Major Group 15 (Building Construction - General
      Contractors and Operative Builders),
        "(2) Major Group 16 (Heavy Construction Other Than Building
      Construction - Contractors) (excluding dredging); [, and]
        "(3) Major Group 17 (Construction - Special Trade Contractors).
      "(c) Refuse. - Refuse systems and related services shall include
    contract awards assigned to standard industrial classification code
    or North American Industrial Classification Code 4212 or 4953.
      "(d) Architectural and Engineering. - Architectural and
    engineering services (including surveying and mapping) shall
    include contract awards assigned to standard industrial
    classification code or North American Industrial Classification
    Code 7389 (if identified as pertaining to mapping services), 8711,
    8712, or 8713, and such contract was awarded under the
    qualification-based selection procedures required by title IX of
    the Federal Property and Administrative Services Act of 1949 (40
    U.S.C. 541 et seq.) [now 40 U.S.C. 1101 to 1104].
      "(e) Landscaping and Pest Control Services. - Landscaping and
    pest control services shall include contract awards assigned to
    North American Industrial Classification Code 561710 (relating to
    exterminating and pest control services) or 561730 (relating to
    landscaping services).
      "(f) Alternative Data. - In the event that standard industrial
    classification codes or North American Industrial Classification
    Codes are not assigned to individual contract awards reported to
    the Federal Procurement Data Center by January 1, 1989, the Program
    may be conducted on the basis of the product and service codes used
    to report data pertaining to such contract awards, related to the
    maximum practicable extent to the standard industrial
    classification code or North American Industrial Classification
    Code for the service being provided by the contractor.

      "SEC. 718. DEFINITIONS.
      "(a) Designated Industry Groups. - 'Designated industry groups'
    means the groups specified in section 717 for participation in the
    Small Business Competitiveness Demonstration Program.
      "(b) Emerging Small Business Concern. - 'Emerging small business
    concern' means a small business concern whose size is no greater
    than 50 percent of the numerical size standard applicable to the
    standard industrial classification code assigned to a contracting
    opportunity.
      "(c) Participating Agency. - 'Participating agency' shall have
    the same meaning as the term 'executive agency' in section (4)(1)
    [4(1)] of the Office of Federal Procurement Policy Act (41 U.S.C.
    403(1)). The Administrator for Federal Procurement Policy is
    authorized to specify as part of the Program test plan the list of
    executive agencies designated to participate in the Program, which
    shall include:
        "(1) the Department of Agriculture,
        "(2) the Department of Defense (with the Department of the
      Army, the Department of the Navy, the Department of the Air
      Force, and the defense agencies reporting separately),
        "(3) the Department of Energy,
        "(4) the Department of Health and Human Services,
        "(5) the Department of the Interior,
        "(6) the Department of Transportation,
        "(7) the Environmental Protection Agency,
        "(8) the General Services Administration (with the Public
      Building Service reporting separately),
        "(9) the National Aeronautics and Space Administration, and
        "(10) the Department of Veterans Affairs.
    The Administrator for Federal Procurement Policy is authorized to
    require any participating agencies to report separately in any
    manner deemed appropriate to enhance the attainment of the test
    activities authorized by this title.
      "(d) Small Business Participation. - 'Small business
    participation' shall include the aggregate dollar value of every
    procurement contract award made to a small business concern,
    without regard to whether such award was based on restricted or
    unrestricted competition, or was made on a sole source basis.
      "(e) Standard Industrial Classification Code. - 'Standard
    industrial classification code' means a four digit code assigned to
    an industry category in the Standard Industrial Classification
    Manual published by the Office of Management and Budget in effect
    on the date of enactment of this Act [Nov. 15, 1988].

          "PART C - ALTERNATIVE PROGRAM FOR CLOTHING AND TEXTILES      

      "SEC. 721. ALTERNATIVE PROGRAM FOR CLOTHING AND TEXTILES.
      "(a) Establishment. - Subject to the requirements of subsection
    (b), of the total dollar amount of contracts for each standard
    industrial classification code for clothing and textiles awarded by
    the Defense Logistics Agency for each of the fiscal years 1989,
    1990, and 1991:
        "(1) To the maximum extent practicable, 50 percent shall not be
      restricted by the size status of the competing business concerns.
        "(2) To the maximum extent practicable, 50 percent shall be
      made available for award pursuant to - 
        "(A) section 8(a) of the Small Business Act (15 U.S.C. 637(a));
        "(B) section 2323 of title 10, United States Code; and
        "(C) section 15(a) of the Small Business Act (15 U.S.C.
      644(a)), if the criteria for such awards are met pursuant to part
      19.5 (Set-Asides for Small Business) of title 48, Code of Federal
      Regulations, as in effect on September 1, 1988.
      "(b) Computation. - In order to calculate the percent limitation
    established pursuant to subsection (a), the Department may
    establish, after consultation with the Small Business
    Administration, major groupings of standard industrial
    classification codes that are closely related and apply such
    limitations to such groupings.
      "(c) Program Term. - The Program shall commence on January 1,
    1989, and terminate on September 30, 1996.
      "(d) Report. - The Secretary of Defense shall issue reports to
    the Congress on the operations of the program established pursuant
    to this section. Such reports shall detail the effects of the
    program on the mobilization base and on small business concerns and
    small business concerns owned and controlled by socially and
    economically disadvantaged individuals. Interim reports shall be
    submitted every 6 months during the term of the program to the
    Committees on Armed Services and Small Business of the House of
    Representatives and the Senate.

      "SEC. 722. EXPANDING SMALL BUSINESS PARTICIPATION IN DREDGING.
      "(a) Establishment. - The Secretary of the Army (hereafter in
    this section referred to as the 'Secretary') shall conduct a
    program to expand the participation of small business concerns and
    emerging small business concerns in contracting opportunities for
    dredging solicited on or after January 1, 1989, commencing on
    October 1, 1989.
      "(b) Enhanced Goals. - Of the aggregate value of all suitable
    contracts for dredging, the Department of the Army (hereafter in
    this section referred to as the 'Department') shall make every
    reasonable effort to award to small business concerns:
        "(1) 20 percent during fiscal year 1989, including 5 percent of
      the total dollar value of contracts which is reserved for
      emerging small business concerns;
        "(2) 25 percent during fiscal year 1990, including 7.5 percent
      of the total dollar value of contracts which is reserved for
      emerging small business concerns;
        "(3) 30 percent during fiscal year 1991, including 10 percent
      of the total dollar value of contracts which is reserved for
      emerging small business concerns;
        "(4) 30 percent during fiscal year 1992, including 10 percent
      of the total dollar value of contracts which is reserved for
      emerging small business concerns; and
        "(5) not less than 20 percent during fiscal year 1993, and each
      subsequent year during the term of the program, including not
      less than 5 percent of the dollar value of suitable contracts
      that shall be reserved for emerging small business concerns.
    The total value of contracts to be performed exclusively through
    the use of so-called dustpan dredges or seagoing hopper dredges is
    deemed to be generally unsuitable for performance by small business
    concerns and is to be excluded in calculating whether the rates of
    small business participation specified in subsection (b) have been
    attained.
      "(c) Contract Award Procedures. - (1) Except as provided in
    paragraphs (3) and (4), the Department shall solicit and award
    contracts for dredging through full and open competition in
    conformity with section 2304 of title 10, United States Code,
    section 15 of the Small Business Act (15 U.S.C. 644), and the
    implementing procurement regulations promulgated in conformity with
    section 6 of the Office of Federal Procurement Policy Act (41
    U.S.C. 405). Nothing herein shall impair the award of contracts
    pursuant to section 8(a) of the Small Business Act (15 U.S.C.
    637(a)) or section 2323 of title 10, United States Code.
      "(2) Prior to making a determination to restrict a solicitation
    for the performance of a dredging contract for exclusive
    competition among 2 or more eligible small business concerns in
    accordance with section 19.5 of the Governmentwide Federal
    Procurement Regulation (48 C.F.R. 19.5, or any successor thereto),
    the contracting officer shall make a determination that each
    anticipated offeror is a responsible source (as defined under
    section 4(7) of the Office of Federal Procurement Policy Act (41
    U.S.C. 403(7)) and has (or can demonstrate the capability to
    obtain) the specialized dredging equipment deemed necessary to
    perform the work to be required in accordance with the schedule to
    be specified in the solicitation.
      "(3) Contracting opportunities for dredging shall be reserved for
    competition among emerging small business concerns if their
    estimated award value is below an amount to be specified by the
    Administrator for Federal Procurement Policy (hereafter in this
    section referred to as the 'Administrator'), upon the
    recommendation of the Secretary. Such reserve amount shall be
    established by the Administrator at the start of the program at a
    level which can reasonably be expected to result in the Department
    attaining the applicable participation goal for emerging small
    business concerns. Such reserve threshold shall be reviewed by the
    Secretary and adjusted by the Administrator to the extent necessary
    on a semiannual basis beginning after the end of the second quarter
    of fiscal year 1989 on the basis of the aggregate of contract
    awards for the four fiscal year quarters preceding the date of the
    review.
      "(4) The Secretary shall restrict for competition among all
    eligible small business concerns such additional contracting
    opportunities for dredging in such numbers and at such estimated
    award values as can reasonably be expected to result in the
    Department exceeding the applicable participation goal for small
    business concerns generally.
      "(d) Acquisition Strategies To Foster Small Business
    Participation. - (1) In attaining the goals for participation by
    small business concerns and emerging small business concerns, the
    Secretary is encouraged to:
        "(A) specify contract requirements and contractual terms and
      conditions that are conducive to competition by small business
      concerns and emerging small business concerns, consistent with
      the mission or program requirements of the Department;
        "(B) foster joint ventures, teaming agreements, and other
      similar arrangements, which permit small business concerns to
      effectively compete for contract opportunities for which an
      individual firm would lack the requisite capacity or capability
      needed to establish responsibility for the award of a contract;
      and
        "(C) foster subcontracting through plans negotiated and
      enforced pursuant to section 8(d) of the Small Business Act (15
      U.S.C. 637(d)) or solicitation requirements specifying minimum
      percentages of subcontracting for the purpose of determining the
      responsiveness of an offer.
      "(2) During the term of the program, data shall be collected
    pertaining to the actual size of the firm receiving an award as a
    small business concern or an emerging small business concern.
      "(e) Size Standard. - For the purposes of the program established
    by subsection (a), the size standard pertaining to standard
    industrial classification code 1629 (Dredging and Surface Cleanup
    Activities) in effect on October 1, 1988 shall remain in effect
    until September 30, 1990.
      "(f) Reports. - 
        "(1) The Secretary shall furnish a report to the Committees on
      Small Business of the Senate and House of Representatives
      [Committee on Small Business of Senate now Committee on Small
      Business and Entrepreneurship of Senate], the Administrator of
      the Small Business Administration, and the Administrator for
      Federal Procurement Policy within 120 days after September 30,
      1995, regarding compliance with this section.
        "(2) Interim reports shall be submitted annually within 90 days
      after the close of each fiscal year during the term of the
      program established under subsection (a). The Secretary may
      include recommendations regarding adjustments to the Department's
      participation goals for small business concerns and emerging
      small business concerns and to the applicable size standard, if
      the Secretary determines that such goals cannot reasonably be
      attained from the pool of firms meeting the current size
      standard."
      [Section 1202(a)(1) of Pub. L. 103-446 provided that the
    amendment made by that section to section 13(e) of Pub. L. 102-54
    [amending section 718 of Pub. L. 100-656, set out above] is
    effective as of June 13, 1991, and as if included in the enactment
    of Pub. L. 102-54.]

     SEGMENTATION OF INDUSTRY CATEGORY OF SHIPBUILDING AND SHIP REPAIR 
      Section 741 of Pub. L. 100-656 provided that: "The Small Business
    Administration, pursuant to the authority of section 15(a) of the
    Small Business Act (15 U.S.C. 644(a)), shall segment the industry
    category of shipbuilding and ship repair, as follows:
        "(1) nuclear shipbuilding and repair;
        "(2) non-nuclear shipbuilding; and
        "(3) non-nuclear ship repair, which shall be further segmented
      by, at least, East Coast and West Coast facilities."

    PROGRAMS FOR BLIND AND HANDICAPPED INDIVIDUALS; REPORT ON IMPACT ON
                          SMALL BUSINESS CONCERNS
      Pub. L. 100-590, title I, Sec. 133(b), Nov. 3, 1988, 102 Stat.
    3006, provided that not later than Sept. 30, 1992, the General
    Accounting Office was to prepare a report describing the impact
    that contracts awarded under subsec. (c) of this section had on for-
    profit small business concerns for fiscal years 1989 through 1991,
    and transmit the report to the Committees on Small Business of the
    Senate and the House of Representatives.

        TASK FORCE ON PURCHASES FROM BLIND AND SEVERELY HANDICAPPED
           INDIVIDUALS; ESTABLISHMENT; MEETINGS; RECOMMENDATIONS
      Section 133(c) of Pub. L. 100-590 provided that: "There is
    established within the Small Business Administration a task force
    on purchases from the blind and severely handicapped which shall
    consist of one representative of the small business community
    appointed by the Administrator of the Small Business Administration
    and one individual knowledgeable in the affiars [sic] of or
    experienced in the work of sheltered workshops appointed by the
    Executive Director of the Committee for Purchase from the Blind and
    Other Severely Handicapped established under the first section of
    the Act entitled 'An Act to create a Committee on Purchases of
    Blind-made Products, and for other purposes', approved June 25,
    1938 (41 U.S.C. 46). The task force shall meet at least once every
    six months for the purpose of reviewing the award of contracts
    under section 15(c) of the Small Business Act [15 U.S.C. 644(c)]
    and recommending to the Small Business Administration such
    administrative or statutory changes as it deems appropriate."

      STANDARDS FOR MEASURING COST SAVINGS FROM BREAKOUT PROCUREMENT
                          CENTER REPRESENTATIVES
      Section 403(b) of Pub. L. 98-577 provided that:
      "(1) The Administrator of the Small Business Administration and
    the Comptroller General of the United States shall jointly
    establish standards for measuring cost savings achieved through the
    efforts of breakout procurement center representatives and for
    measuring the extent to which competition has been increased as a
    result of such efforts. Thereafter, the Administrator shall
    annually prepare and submit to the Congress a report setting forth -
     
        "(A) the cost savings achieved during the year covered by such
      report through the efforts of breakout procurement center
      representatives;
        "(B) an evaluation of the extent to which competition has been
      increased as a result of such efforts; and
        "(C) such other information as the Administrator may deem
      appropriate.
      "(2) Within 180 days following the submission of the second
    annual report to Congress by the Administrator, the Comptroller
    General shall report to the Congress an evaluation of the
    Administration's adherence to the standards jointly established and
    the accuracy of the information the Administration has submitted to
    the Congress."


-EXEC-
    EX. ORD. NO. 13157. INCREASING OPPORTUNITIES FOR WOMEN-OWNED SMALL
                                BUSINESSES
      Ex. Ord. No. 13157, May 23, 2000, 65 F.R. 34035, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Small
    Business Act, 15 U.S.C. 631, et seq., section 7106 of the Federal
    Acquisition Streamlining Act of 1994 (Public Law 103-355) [amending
    15 U.S.C. 632, 637, 644, 645], and the Office of Federal
    Procurement Policy [Act], 41 U.S.C. 403, et seq., and in order to
    strengthen the executive branch's commitment to increased
    opportunities for women-owned small businesses, it is hereby
    ordered as follows:
      Section 1. Executive Branch Policy. In order to reaffirm and
    strengthen the statutory policy contained in the Small Business
    Act, 15 U.S.C. 644(g)(1), it shall be the policy of the executive
    branch to take the steps necessary to meet or exceed the 5 percent
    Government-wide goal for participation in procurement by women-
    owned small businesses (WOSBs). Further, the executive branch
    shall implement this policy by establishing a participation goal
    for WOSBs of not less than 5 percent of the total value of all
    prime contract awards for each fiscal year and of not less than 5
    percent of the total value of all subcontract awards for each
    fiscal year.
      Sec. 2. Responsibilities of Federal Departments and Agencies.
    Each department and agency (hereafter referred to collectively as
    "agency") that has procurement authority shall develop a long-term
    comprehensive strategy to expand opportunities for WOSBs. Where
    feasible and consistent with the effective and efficient
    performance of its mission, each agency shall establish a goal of
    achieving a participation rate for WOSBs of not less than 5 percent
    of the total value of all prime contract awards for each fiscal
    year and of not less than 5 percent of the total value of all
    subcontract awards for each fiscal year. The agency's plans shall
    include, where appropriate, methods and programs as set forth in
    section 4 of this order.
      Sec. 3. Responsibilities of the Small Business Administration.
    The Small Business Administration (SBA) shall establish an
    Assistant Administrator for Women's Procurement within the SBA's
    Office of Government Contracting. This officer shall be responsible
    for:
        (a) working with each agency to develop and implement policies
      to achieve the participation goals for WOSBs for the executive
      branch and individual agencies;
        (b) advising agencies on how to implement strategies that will
      increase the participation of WOSBs in Federal procurement;
        (c) evaluating, on a semiannual basis, using the Federal
      Procurement Data System (FPDS), the achievement of prime and
      subcontract goals and actual prime and subcontract awards to
      WOSBs for each agency;
        (d) preparing a report, which shall be submitted by the
      Administrator of the SBA to the President, through the
      Interagency Committee on Women's Business Enterprise and the
      Office of Federal Procurement Policy (OFPP), on findings based on
      the FPDS, regarding prime contracts and subcontracts awarded to
      WOSBs;
        (e) making recommendations and working with Federal agencies to
      expand participation rates for WOSBs, with a particular emphasis
      on agencies in which the participation rate for these businesses
      is less than 5 percent;
        (f) providing a program of training and development seminars
      and conferences to instruct women on how to participate in the
      SBA's 8(a) [15 U.S.C. 637(a)] program, the Small Disadvantaged
      Business (SDB) program, the HUBZone program, and other small
      business contracting programs for which they may be eligible;
        (g) developing and implementing a single uniform Federal
      Government-wide website, which provides links to other websites
      within the Federal system concerning acquisition, small
      businesses, and women-owned businesses, and which provides
      current procurement information for WOSBs and other small
      businesses;
        (h) developing an interactive electronic commerce database that
      allows small businesses to register their businesses and
      capabilities as potential contractors for Federal agencies, and
      enables contracting officers to identify and locate potential
      contractors; and
        (i) working with existing women-owned business organizations,
      State and local governments, and others in order to promote the
      sharing of information and the development of more uniform State
      and local standards for WOSBs that reduce the burden on these
      firms in competing for procurement opportunities.
      Sec. 4. Other Responsibilities of Federal Agencies. To the extent
    permitted by law, each Federal agency shall work with the SBA to
    ensure maximum participation of WOSBs in the procurement process by
    taking the following steps:
        (a) designating a senior acquisition official who will work
      with the SBA to identify and promote contracting opportunities
      for WOSBs;
        (b) requiring contracting officers, to the maximum extent
      practicable, to include WOSBs in competitive acquisitions;
        (c) prescribing procedures to ensure that acquisition planners,
      to the maximum extent practicable, structure acquisitions to
      facilitate competition by and among small businesses, HUBZone
      small businesses, SDBs, and WOSBs, and providing guidance on
      structuring acquisitions, including, but not limited to, those
      expected to result in multiple award contracts, in order to
      facilitate competition by and among these groups;
        (d) implementing mentor-protege programs, which include women-
      owned small business firms; and
        (e) offering industry-wide as well as industry-specific
      outreach, training, and technical assistance programs for WOSBs
      including, where appropriate, the use of Government acquisitions
      forecasts, in order to assist WOSBs in developing their products,
      skills, business planning practices, and marketing techniques.
      Sec. 5. Subcontracting Plans. The head of each Federal agency, or
    designated representative, shall work closely with the SBA, OFPP,
    and others to develop procedures to increase compliance by prime
    contractors with subcontracting plans proposed under section 8(d)
    of the Small Business Act (15 U.S.C. 637(d)) or section 834 of
    Public Law 101-189, as amended (15 U.S.C. 637 note), including
    subcontracting plans involving WOSBs.
      Sec. 6. Action Plans. If a Federal agency fails to meet its
    annual goals in expanding contract opportunities for WOSBs, it
    shall work with the SBA to develop an action plan to increase the
    likelihood that participation goals will be met or exceeded in
    future years.
      Sec. 7. Compliance. Independent agencies are requested to comply
    with the provisions of this order.
      Sec. 8. Consultation and Advice. In developing the long-term
    comprehensive strategies required by section 2 of this order,
    Federal agencies shall consult with, and seek information and
    advice from, State and local governments, WOSBs, other private-
    sector partners, and other experts.
      Sec. 9. Judicial Review. This order is for internal management
    purposes for the Federal Government. It does not create any right
    or benefit, substantive or procedural, enforceable at law or equity
    by a party against the United States, its agencies, its officers,
    its employees, or any other person.
                                                     William J. Clinton.

        EX. ORD. NO. 13170. INCREASING OPPORTUNITIES AND ACCESS FOR
                         DISADVANTAGED BUSINESSES
      Ex. Ord. No. 13170, Oct. 6, 2000, 65 F.R. 60827, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Small
    Business Act (15 U.S.C. 631 et seq.), section 7102 of the Federal
    Acquisition Streamlining Act of 1994 (Public Law 103-355, 15 U.S.C.
    644 note), the Office of Federal Procurement Policy Act (41 U.S.C.
    403 et seq.), Executive Order 11625 [15 U.S.C. 631 note], and to
    provide for increased access for disadvantaged businesses to
    Federal contracting opportunities, it is hereby ordered as follows:
      Section 1. Policy. It is the policy of the executive branch to
    ensure nondiscrimination in Federal procurement opportunities for
    businesses in the Small Disadvantaged Business Program (SDBs),
    businesses in the section 8(a) Business Development program of the
    Small Business Administration (8(a)s), and Minority Business
    Enterprises (MBEs) as defined in section 6 of Executive Order
    11625, of October 13, 1971, and to take affirmative action to
    ensure inclusion of these businesses in Federal contracting. These
    businesses are of vital importance to job growth and the economic
    strength of the United States but have faced historic exclusion and
    underutilization in Federal procurement. All agencies within the
    executive branch with procurement authority are required to take
    all necessary steps, as permitted by law, to increase contracting
    between the Federal Government and SDBs, 8(a)s, and MBEs.
      Sec. 2. Responsibilities of Executive Departments and Agencies
    with Procurement Authority. The head of each executive department
    and agency shall carry out the terms of this order and shall
    designate, where appropriate, his or her Deputy Secretary or
    equivalent to implement the terms of this order.
      (a) Each department and agency with procurement authority shall:
        (i) aggressively seek to ensure that 8(a)s, SDBs, and MBEs are
      aware of future prime contracting opportunities through wide
      dissemination of contract announcements, including sources likely
      to reach 8(a)s, SDBs, other small businesses, and MBEs. Each
      department and agency shall use all available forms of
      communication to implement this provision, including the
      Internet, speciality press, and trade press;
        (ii) work with the Small Business Administration (SBA) to
      ensure that information regarding sole source contracts awarded
      through the section 8(a) program receives the widest
      dissemination possible to 8(a)s;
        (iii) ensure that the price evaluation preference programs
      authorized by the Federal Acquisition Streamlining Act of 1994
      [Pub. L. 103-355, see Tables for classification] are used to the
      maximum extent permitted by law in areas of economic activity in
      which SDBs have historically been underused;
        (iv) aggressively use the firms in the section 8(a) program,
      particularly in the developmental stage of the program, so that
      these firms have an opportunity to overcome artificial barriers
      to Federal contracting and gain access to the Federal procurement
      arena;
        (v) ensure that department and agency heads take all reasonable
      steps so that prime contractors meet or exceed Federal
      subcontracting goals, and enforce subcontracting commitments as
      required by the Small Business Act (15 U.S.C. 637(d)) and other
      related laws. In particular, they shall ensure that prime
      contractors actively solicit bids for subcontracting
      opportunities from 8(a)s and SDBs, and fulfill their SDB and
      section 8(d) subcontracting obligations. Enforcement of SDB
      subcontracting plan commitments shall include assessments of
      liquidated damages, where appropriate, pursuant to applicable
      contract clauses;
        (vi) encourage the establishment of business-to-business
      mentoring and teaming relationships, including the implementation
      of Mentor-Protege programs, to foster the development of the
      technical and managerial capabilities of 8(a)s and SDBs and to
      facilitate long-term business relationships;
        (vii) offer information, training, and technical assistance
      programs for 8(a)s and SDBs including, where appropriate,
      Government acquisition forecasts in order to assist 8(a)s and
      SDBs in developing their products, skills, business planning
      practices, and marketing techniques;
        (viii) train program and procurement officials regarding the
      policy of including 8(a)s and SDBs in Federal procurement. This
      includes prescribing procedures to ensure that acquisition
      planners, to the maximum extent practicable, structure
      acquisitions to facilitate competition by SDBs and 8(a)s,
      including their participation in the competition of multiple
      award requirements;
        (ix) provide the information required by the Department of
      Commerce when it requests data to develop the benchmarks used in
      the price evaluation preference programs authorized by the
      Federal Acquisition Streamlining Act of 1994;
        (x) ensure that Directors of Offices of Small and Disadvantaged
      Business Utilization carry out their responsibilities to maximize
      the participation of 8(a)s and SDBs in Federal procurement and,
      in particular, ensure that the Directors report directly to the
      head of each department or agency as required by law; and
        (xi) as required by law, establish with the Small Business
      Administration small business goals to ensure that the government-
      wide goal for participation of small business concerns is not
      less than 23 percent of Federal prime contracts. Where feasible
      and consistent with the effective and efficient performance of
      its mission, each agency shall establish a goal of achieving a
      participation rate for SDBs of not less than 5 percent of the
      total value of prime contract awards for each fiscal year and of
      not less than 5 percent of the total value of subcontract awards
      for each year. Each agency shall also establish a goal for awards
      made to 8(a) firms pursuant to section 8(a) of the Small Business
      Act [15 U.S.C. 637(a)]. These goals shall be considered the
      minimum goals and every effort shall be taken to exceed these
      goals wherever feasible.
      (b) Each department and agency with procurement authority shall:
        (i) develop a long-term comprehensive plan to implement the
      requirements of section 2(a) of this order and submit this plan
      to the Director of the Office of Management and Budget (OMB)
      within 90 days of the date of this order. The Director of OMB
      shall review each plan and report to the President on the
      sufficiency of each plan to carry out the terms of this order;
      and
        (ii) annually, by April 30 each year, assess its efforts and
      the results of those efforts to increase utilization of 8(a)s,
      SDBs, and MBEs as both prime contractors and subcontractors and
      report on those efforts to the President through the Director of
      OMB, who shall review the evaluations made of the agency
      assessments by the Small Business Administration.
      Sec. 3. Responsibilities of the Small Business Administration.
    The Administrator of the SBA shall:
      (a) evaluate on a semi-annual basis, using the Federal
    Procurement Data System (FPDS), the achievement of government-wide
    prime and subcontract goals and the actual prime and subcontract
    awards to 8(a)s and SDBs for each department and agency. The OMB
    shall review SBA's evaluation;
      (b) ensure that Procurement Center Representatives receive
    adequate training regarding the section 8(a) and SDB programs and
    that they consistently and aggressively seek opportunities for
    maximizing the use of 8(a)s and SDBs in department and agency
    procurements; and
      (c) ensure that each department and agency's small and
    disadvantaged business procurement goals as well as the amount of
    procurement of each department and agency with 8(a)s, SDBs, and
    MBEs is publicly available in an easily accessible and
    understandable format such as through publication on the Internet.
      Sec. 4. Federal Advertising. Each department or agency that
    contracts with businesses to develop advertising for the department
    or agency or to broadcast Federal advertising shall take an
    aggressive role in ensuring substantial minority-owned entities'
    participation, including 8(a), SDB, and MBE, in Federal advertising-
    related procurements. Each department and agency shall ensure that
    all creation, placement, and transmission of Federal advertising is
    fully reflective of the Nation's diversity. To achieve this
    diversity, special attention shall be given to ensure placement in
    publications and television and radio stations that reach specific
    ethnic and racial audiences. Each department and agency shall
    ensure that payment for Federal advertising is commensurate with
    fair market rates in the relevant market. Each department and
    agency shall structure advertising contracts as commercial
    acquisitions consistent with part 12 of the Federal Acquisition
    Regulation processes and paperwork to enhance participation by
    8(a)s, SDBs, and MBEs.
      Sec. 5. Information Technology. Each department and agency shall
    aggressively seek to ensure substantial 8(a), SDB, and MBE
    participation in procurements for and related to information
    technology, including procurements in the telecommunications
    industry. In so doing, the Chief Information Officer in each
    department and agency shall coordinate with procurement officials
    to implement this section.
      Sec. 6. General Services Administration Schedules. The SBA and
    the General Services Administration (GSA) shall act promptly to
    expand inclusion of 8(a)s and SDBs on GSA Schedules, and provide
    greater opportunities for 8(a) and SDB participation in orders
    under such schedules. The GSA should ensure that procurement and
    program officials at all levels that use GSA Schedules aggressively
    seek to utilize the Schedule contracts of 8(a)s and SDBs. The GSA
    shall allow agencies ordering from designated 8(a) firms under the
    Multiple Award Schedule to count those orders toward their 8(a)
    procurement goals.
      Sec. 7. Bundling Contracts. To the extent permitted by law,
    departments and agencies must submit to the SBA for review any
    contracts that are proposed to be bundled. The determination of the
    SBA with regard to the appropriateness of bundling in each instance
    must be carefully reviewed by the department or agency head, or his
    or her designee, and must be given due consideration. If there is
    an unresolvable conflict, then the SBA or the department or agency
    can seek assistance from the OMB.
      Sec. 8. Awards Program. The Secretary of Commerce and the
    Administrator of the SBA shall jointly undertake a feasibility
    study to determine the appropriateness of an awards program for
    executive departments and agencies who best exemplify the letter
    and intent of this order in increasing opportunities for 8(a)s,
    SDBs, and MBEs in Federal procurement. Such study shall be
    presented to the President within 90 days of the date of this
    order.
      Sec. 9. Applicability. Independent agencies are requested to
    comply with the provisions of this order.
      Sec. 10. Administration, Enforcement, and Judicial Review.
      (a) This order shall be carried out to the extent permitted by
    law and consistent with the Administration's priorities and
    appropriations.
      (b) This order is not intended and should not be construed to
    create any right or benefit, substantive or procedural, enforceable
    at law by a party against the United States, its agencies, its
    officers, or its employees.
                                                     William J. Clinton.

    DELEGATION OF AUTHORITY TO ESTABLISH ANNUAL GOALS FOR PARTICIPATION
            OF SMALL BUSINESS CONCERNS IN PROCUREMENT CONTRACTS
      Memorandum of the President of the United States, June 6, 1990,
    55 F.R. 27453-27455, provided:
      Memorandum for the Director of the Office of Management and
    Budget
      By the authority vested in me as President by the Constitution
    and laws of the United States, including section 15(g) of the Small
    Business Act, as amended [subsec. (g) of this section], and section
    301 of Title 3 of the United States Code, I hereby delegate to the
    Director of the Office of Management and Budget the authority
    vested in the President to establish the annual goals required by
    Section 502 of the Business Opportunity Development Reform Act of
    1988 (P.L. 100-656) [amending this section].
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                            George Bush.

       CONTINUED COMMITMENT TO SMALL, SMALL DISADVANTAGED, AND SMALL
               WOMEN-OWNED BUSINESSES IN FEDERAL PROCUREMENT
      Memorandum of President of the United States, Oct. 13, 1994, 59
    F.R. 52397, provided:
      Memorandum for the Heads of Executive Departments and Agencies
    [and] the President's Management Council
      It is the policy of the Federal Government that a fair proportion
    of its contracts be placed with small, small disadvantaged, and
    small women-owned businesses. Such businesses should also have the
    maximum practicable opportunity to participate as subcontractors in
    contracts awarded by the Federal Government consistent with
    efficient contract performance. I am committed to the continuation
    of this policy. Therefore, I ask that you encourage the use of
    various tools, including set-asides, price preferences, and section
    8(a) of the Small Business Act (15 U.S.C. 637(a)), as necessary to
    achieve this policy objective.
      The Federal Acquisition Streamlining Act of 1994 [Pub. L. 103-
    355, see Short title of 1994 Amendment note set out under section
    251 of Title 41, Public Contracts] authorizes civilian agencies to
    utilize set-aside procurements for small disadvantaged businesses.
    The Act also, for the first time, establishes goals for contracting
    with small women-owned businesses. These provisions, along with
    others in the Act, will provide greater access to Federal
    Government business opportunities for small, small disadvantaged,
    and small women-owned businesses. Department and agency heads
    should ensure that efforts to streamline acquisition procedures
    encourage the participation of these businesses in Federal
    procurements.
      This memorandum shall be published in the Federal Register.
                                                     William J. Clinton.

-FOOTNOTE-
    (!1) So in original. Probably should be "service-disabled".

    (!2) So in original. Probably should be "or".

    (!3) So in original. No subpar. (B) has been enacted.


-End-



-CITE-
    15 USC Sec. 645                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 645. Offenses and penalties

-STATUTE-
    (a) False statements; overvaluation of securities
      Whoever makes any statement knowing it to be false, or whoever
    willfully overvalues any security, for the purpose of obtaining for
    himself or for any applicant any loan, or extension thereof by
    renewal, deferment of action, or otherwise, or the acceptance,
    release, or substitution of security therefor, or for the purpose
    of influencing in any way the action of the Administration, or for
    the purpose of obtaining money, property, or anything of value,
    under this chapter, shall be punished by a fine of not more than
    $5,000 or by imprisonment for not more than two years, or both.
    (b) Embezzlement, etc.
      Whoever, being connected in any capacity with the Administration,
    (1) embezzles, abstracts, purloins, or willfully misapplies any
    moneys, funds, securities, or other things of value, whether
    belonging to it or pledged or otherwise entrusted to it, or (2)
    with intent to defraud the Administration or any other body politic
    or corporate, or any individual, or to deceive any officer,
    auditor, or examiner of the Administration, makes any false entry
    in any book, report, or statement of or to the Administration, or,
    without being duly authorized, draws any order or issues, puts
    forth, or assigns any note, debenture, bond, or other obligation,
    or draft, bill of exchange, mortgage, judgment, or decree thereof,
    or (3) with intent to defraud participates or shares in or receives
    directly or indirectly any money, profit, property, or benefit
    through any transaction, loan, commission, contract, or any other
    act of the Administration, or (4) gives any unauthorized
    information concerning any future action or plan of the
    Administration which might affect the value of securities, or,
    having such knowledge, invests or speculates, directly or
    indirectly, in the securities or property of any company or
    corporation receiving loans or other assistance from the
    Administration, shall be punished by a fine of not more than
    $10,000 or by imprisonment for not more than five years, or both.
    (c) Concealment, etc.
      Whoever, with intent to defraud, knowingly conceals, removes,
    disposes of, or converts to his own use or to that of another, any
    property mortgaged or pledged to, or held by, the Administration,
    shall be fined not more than $5,000 or imprisoned not more than
    five years, or both; but if the value of such property does not
    exceed $100, he shall be fined not more than $1,000 or imprisoned
    not more than one year, or both.
    (d) Misrepresentation, etc.
      (1) Whoever misrepresents the status of any concern or person as
    a "small business concern", a "qualified HUBZone small business
    concern", a "small business concern owned and controlled by
    socially and economically disadvantaged individuals", or a "small
    business concern owned and controlled by women", in order to obtain
    for oneself or another any - 
        (A) prime contract to be awarded pursuant to section 638, 644,
      or 657a of this title;
        (B) subcontract to be awarded pursuant to section 637(a) of
      this title;
        (C) subcontract that is to be included as part or all of a goal
      contained in a subcontracting plan required pursuant to section
      637(d) of this title; or
        (D) prime or subcontract to be awarded as a result, or in
      furtherance, of any other provision of Federal law that
      specifically references section 637(d) of this title for a
      definition of program eligibility,(!1) shall be subject to the
      penalties and remedies described in paragraph (2).


      (2) Any person who violates paragraph (1) shall - 
        (A) be punished by a fine of not more than $500,000 or by
      imprisonment for not more than 10 years, or both;
        (B) be subject to the administrative remedies prescribed by the
      Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812);
        (C) be subject to suspension and debarment as specified in
      subpart 9.4 of title 48, Code of Federal Regulations (or any
      successor regulation) on the basis that such misrepresentation
      indicates a lack of business integrity that seriously and
      directly affects the present responsibility to perform any
      contract awarded by the Federal Government or a subcontract under
      such a contract; and
        (D) be ineligible for participation in any program or activity
      conducted under the authority of this chapter or the Small
      Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a
      period not to exceed 3 years.
    (e) Representations under subsection (d) of this section to be in
      writing
      Any representation of the status of any concern or person as a
    "small business concern", a "HUBZone small business concern", a
    "small business concern owned and controlled by socially and
    economically disadvantaged individuals", or a "small business
    concern owned and controlled by women" in order to obtain any prime
    contract or subcontract enumerated in subsection (d) of this
    section shall be in writing.
    (f) Misrepresentation of compliance with section 636(j)(10)(I)
      Whoever falsely certifies past compliance with the requirements
    of section 636(j)(10)(I) of this title shall be subject to the
    penalties prescribed in subsection (d) of this section.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[16], July 18, 1958, 72 Stat. 395; Pub. L.
    88-264, Sec. 2, Feb. 5, 1964, 78 Stat. 8; Pub. L. 99-272, title
    XVIII, Sec. 18009, Apr. 7, 1986, 100 Stat. 368; Pub. L. 100-656,
    title IV, Sec. 405, Nov. 15, 1988, 102 Stat. 3875; Pub. L. 103-355,
    title VII, Sec. 7106(c), Oct. 13, 1994, 108 Stat. 3376; Pub. L. 105-
    85, div. A, title X, Sec. 1073(g)(4), Nov. 18, 1997, 111 Stat.
    1906; Pub. L. 105-135, title VI, Sec. 603(c), Dec. 2, 1997, 111
    Stat. 2632.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-
    3812), referred to in subsec. (d)(2)(B), is subtitle B of title VI
    of Pub. L. 99-509, Oct. 21, 1986, 100 Stat. 1934, as amended, which
    is classified generally to chapter 38 (Sec. 3801 et seq.) of Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Short Title note set out under section 3801 of Title
    31 and Tables.
      The Small Business Investment Act of 1958, referred to in subsec.
    (d)(2)(D), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as
    amended, which is classified principally to chapter 14B (Sec. 661
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 661 of this
    title and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 209 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 237, which was
    previously classified to section 638 of this title. The provisions
    of section 216 of act July 30, 1953, formerly classified to this
    section, were transferred to section 2[8] of Pub. L. 85-536, which
    was classified to section 637(c) of this title prior to repeal by
    Pub. L. 102-191. See section 656 of this title.

                                AMENDMENTS                            
      1997 - Subsec. (d)(1). Pub. L. 105-135, Sec. 603(c)(1)(A),
    inserted ", a 'qualified HUBZone small business concern'," after "
    'small business concern',".
      Pub. L. 105-85 substituted "concern owned and controlled by
    women" for "concerns owned and controlled by women".
      Subsec. (d)(1)(A). Pub. L. 105-135, Sec. 603(c)(1)(B),
    substituted "section 638, 644, or 657a" for "section 638 or 644".
      Subsec. (e). Pub. L. 105-135, Sec. 603(c)(2), inserted ", a
    'HUBZone small business concern'," after " 'small business
    concern',".
      Pub. L. 105-85 substituted "concern owned and controlled by
    women" for "concerns owned and controlled by women".
      1994 - Subsec. (d)(1). Pub. L. 103-355, Sec. 7106(c)(1),
    substituted ", a 'small business concern owned and controlled by
    socially and economically disadvantaged individuals', or a 'small
    business concerns owned and controlled by women' " for "or 'small
    business concern owned and controlled by socially and economically
    disadvantaged individuals' ".
      Subsec. (e). Pub. L. 103-355, Sec. 7106(c)(2), substituted ", a
    'small business concern owned and controlled by socially and
    economically disadvantaged individuals', or a 'small business
    concerns owned and controlled by women' " for "or 'small business
    concern owned and controlled by socially and economically
    disadvantaged individuals' ".
      1988 - Subsec. (d). Pub. L. 100-656, Sec. 405(a), amended subsec.
    (d) generally, designating existing provisions as par. (1),
    redesignating former pars. (1) to (4) as subpars. (A) to (D),
    respectively, and in subpar. (D), substituting "subject to the
    penalties and remedies described in paragraph (2)" for "punished by
    a fine of not more than $50,000 or by imprisonment for not more
    than five years, or both", and adding par. (2).
      Subsec. (f). Pub. L. 100-656, Sec. 405(b), added subsec. (f).
      1986 - Subsecs. (d), (e). Pub. L. 99-272 added subsecs. (d) and
    (e).
      1964 - Subsec. (c). Pub. L. 88-264 added subsec. (c).

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.

-FOOTNOTE-
    (!1) So in original. Following provision probably should be set
         flush with par. (1).


-End-



-CITE-
    15 USC Sec. 646                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 646. Liens

-STATUTE-
      Any interest held by the Administration in property, as security
    for a loan, shall be subordinate to any lien on such property for
    taxes due on the property to a State, or political subdivision
    thereof, in any case where such lien would, under applicable State
    law, be superior to such interest if such interest were held by any
    party other than the United States.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[17], July 18, 1958, 72 Stat. 396.)


-MISC1-
                             PRIOR PROVISIONS                         
      Section 217 of act July 30, 1953, ch. 282, title II, 67 Stat.
    239, was previously classified to this section. See section 640 of
    this title, and Codification note set out under section 631 of this
    title.

-End-



-CITE-
    15 USC Sec. 647                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 647. Duplication of activities of other Federal departments or
      agencies

-STATUTE-
    (a) General prohibition; exception
      The Administration shall not duplicate the work or activity of
    any other department or agency of the Federal Government,,(!1) and
    nothing contained in this chapter shall be construed to authorize
    any such duplication unless such work or activity is expressly
    provided for in this chapter. If loan applications are being
    refused or loans denied by such other department or agency
    responsible for such work or activity due to administrative
    withholding from obligation or withholding from apportionment, or
    due to administratively declared moratorium, then, for purposes of
    this section, no duplication shall be deemed to have occurred.

    (b) Definitions
      As used in this chapter - 
        (1) "agricultural enterprises" means those businesses engaged
      in the production of food and fiber, ranching, and raising of
      livestock, aquaculture, and all other farming and agricultural
      related industries; and
        (2) "credit elsewhere" means the availability of sufficient
      credit from non-Federal sources at reasonable rates and terms,
      taking into consideration prevailing private rates and terms in
      the community in or near where the concern transacts business for
      similar purposes and periods of time.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[18], July 18, 1958, 72 Stat. 396; Pub. L.
    93-386, Sec. 5, Aug. 23, 1974, 88 Stat. 746; Pub. L. 94-305, title
    I, Sec. 112(e), June 4, 1976, 90 Stat. 667; Pub. L. 96-38, title I,
    Sec. 101(c), July 25, 1979, 93 Stat. 119; Pub. L. 96-302, title I,
    Sec. 119(c), July 2, 1980, 94 Stat. 841; Pub. L. 98-270, title III,
    Sec. 303, Apr. 18, 1984, 98 Stat. 160; Pub. L. 98-369, div. B,
    title IV, Sec. 2401, July 18, 1984, 98 Stat. 1116; Pub. L. 99-272,
    title XVIII, Sec. 18006(a)(3), Apr. 7, 1986, 100 Stat. 366.)


-MISC1-
                             PRIOR PROVISIONS                         
      Prior similar provisions were contained in section 225, of act
    July 30, 1953, ch. 282, as added by act Aug. 9, 1955, ch. 628, Sec.
    14, 69 Stat. 551, which was previously classified to section 651 of
    this title. The provisions of section 218 of act July 30, 1953,
    formerly classified to this section, were transferred to section
    2[12] of Pub. L. 85-536, and are classified to section 641 of this
    title. See Codification note set out under section 631 of this
    title.

                                AMENDMENTS                            
      1986 - Subsec. (a). Pub. L. 99-272 struck out agricultural
    enterprises exception and proviso that, prior to Oct. 1, 1987, an
    agricultural enterprise not be eligible for loan assistance under
    section 636(b)(1) of this title to repair or replace property other
    than residences and/or personal property unless it is declined for,
    or would be declined for, emergency loan assistance at
    substantially similar interest rates from the Farmers Home
    Administration under subchapter III of the Consolidated Farm and
    Rural Development Act.
      1984 - Subsec. (a). Pub. L. 98-369 substituted "October 1, 1987"
    for "October 1, 1986".
      Pub. L. 98-270 substituted "October 1, 1986" for "October 1,
    1983".
      1980 - Subsec. (a). Pub. L. 96-302, Sec. 119(c)(1), inserted
    proviso relating to eligibility for loan assistance prior to
    October 1, 1983.
      Subsec. (b). Pub. L. 96-302, Sec. 119(c)(2), added par. (1) and
    designated as par. (2) existing definition of "credit elsewhere".
      1979 - Pub. L. 96-38 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1976 - Pub. L. 94-305 inserted reference to those enterprises
    engaged in the production of food and fiber, ranching, and raising
    of livestock, aquaculture, and all other farming and agricultural
    related industries.
      1974 - Pub. L. 93-386 inserted provision authorizing the refusal
    of loan applications and the denial of loans, for purposes of this
    section, to be deemed nonduplication of activities.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-270 effective Oct. 1, 1983, see section
    313 of Pub. L. 98-270, set out as a note under section 632 of this
    title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-302 inapplicable to disasters commencing
    on or before Oct. 1, 1980, see section 119(d) of Pub. L. 96-302,
    set out as a note under section 636 of this title.

            PROGRAMS ADMINISTERED BY THE DEPARTMENT OF COMMERCE        
      Pub. L. 95-507, Sec. 207, Oct. 24, 1978, 92 Stat. 1767, provided
    that: "Nothing in this chapter [meaning chapter 1 of title II of
    Pub. L. 95-507, consisting of sections 201-206 of Pub. L. 95-507
    which amended sections 631, 633, 636, and 637 of this title] is
    intended to duplicate or limit any programs or projects
    administered by the Department of Commerce."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    15 USC Sec. 648                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 648. Small business development center program authorization

-STATUTE-
    (a) Grants, contracts and cooperative agreements for establishment
      of small business development centers and for small business
      activities and purposes; role of Administration; non-Federal
      additional amount; amount of grant; eligibility
      (1) The Administration is authorized to make grants (including
    contracts and cooperative agreements) to any State government or
    any agency thereof, any regional entity, any State-chartered
    development, credit or finance corporation, any women's business
    center operating pursuant to section 656 of this title, any public
    or private institution of higher education, including but not
    limited to any land-grant college or university, any college or
    school of business, engineering, commerce, or agriculture,
    community college or junior college, or to any entity formed by two
    or more of the above entities (herein referred to as "applicants")
    to assist in establishing small business development centers and to
    any such body for: small business oriented employment or natural
    resources development programs; studies, research, and counseling
    concerning the managing, financing, and operation of small business
    enterprises; management and technical assistance regarding small
    business participation in international markets, export promotion
    and technology transfer; delivery or distribution of such services
    and information; and providing access to business analysts who can
    refer small business concerns to available experts: Provided, That
    after December 31, 1990, the Administration shall not make a grant
    to any applicant other than an institution of higher education or a
    women's business center operating pursuant to section 656 of this
    title as a Small Business Development Center unless the applicant
    was receiving a grant (including a contract or cooperative
    agreement) on such date. The Administration shall require any
    applicant for a small business development center grant with
    performance commencing on or after January 1, 1992 to have its own
    budget and to primarily utilize institutions of higher education
    and women's business centers operating pursuant to section 656 of
    this title to provide services to the small business community. The
    term of such grants shall be made on a calendar year basis or to
    coincide with the Federal fiscal year.
      (2) The Small Business Development Centers shall work in close
    cooperation with the Administration's regional and local offices,
    the Department of Commerce, appropriate Federal, State and local
    agencies and the small business community to serve as an active
    information dissemination and service delivery mechanism for
    existing trade promotion, trade finance, trade adjustment, trade
    remedy and trade data collection programs of particular utility for
    small businesses.
      (3) The Small Business Development Center Program shall be under
    the general management and oversight of the Administration for the
    delivery of programs and services to the small business community.
    Such programs and services shall be jointly developed, negotiated,
    and agreed upon, with full participation of both parties, pursuant
    to an executed cooperative agreement between the Small Business
    Development Center applicant and the Administration.
      (A) Small business development centers are authorized to form an
    association to pursue matters of common concern. If more than a
    majority of the small business development centers which are
    operating pursuant to agreements with the Administration are
    members of such an association, the Administration is authorized
    and directed to recognize the existence and activities of such an
    association and to consult with it and develop documents (i)
    announcing the annual scope of activities pursuant to this section,
    (ii) requesting proposals to deliver assistance as provided in this
    section and (iii) governing the general operations and
    administration of the Small Business Development Center Program,
    specifically including the development of regulations and a uniform
    negotiated cooperative agreement for use on an annual basis when
    entering into individual negotiated agreements with small business
    development centers.
      (B) Provisions governing audits, cost principles and
    administrative requirements for Federal grants, contracts and
    cooperative agreements which are included in uniform requirements
    of Office of Management and Budget (OMB) Circulars shall be
    incorporated by reference and shall not be set forth in summary or
    other form in regulations.
      (C) On an annual basis, the Small Business Development Center
    shall review and coordinate public and private partnerships and
    cosponsorships with the Administration for the purpose of more
    efficiently leveraging available resources on a National (!1) and a
    State basis.

      (4) Small business development center program level. - 
        (A) In general. - The Administration shall require as a
      condition of any grant (or amendment or modification thereof)
      made to an applicant under this section, that a matching amount
      (excluding any fees collected from recipients of such assistance)
      equal to the amount of such grant be provided from sources other
      than the Federal Government, to be comprised of not less than 50
      percent cash and not more than 50 percent of indirect costs and
      in-kind contributions.
        (B) Restriction. - The matching amount described in
      subparagraph (A) shall not include any indirect costs or in-kind
      contributions derived from any Federal program.
        (C) Funding formula. - 
          (i) In general. - Subject to clause (iii), the amount of a
        formula grant received by a State under this subparagraph shall
        be equal to an amount determined in accordance with the
        following formula:
            (I) The annual amount made available under section 20(a)
          (!2) for the Small Business Development Center Program, less
          any reductions made for expenses authorized by clause (v) of
          this subparagraph, shall be divided on a pro rata basis,
          based on the percentage of the population of each State, as
          compared to the population of the United States.

            (II) If the pro rata amount calculated under subclause (I)
          for any State is less than the minimum funding level under
          clause (iii), the Administration shall determine the
          aggregate amount necessary to achieve that minimum funding
          level for each such State.
            (III) The aggregate amount calculated under subclause (II)
          shall be deducted from the amount calculated under subclause
          (I) for States eligible to receive more than the minimum
          funding level. The deductions shall be made on a pro rata
          basis, based on the population of each such State, as
          compared to the total population of all such States.
            (IV) The aggregate amount deducted under subclause (III)
          shall be added to the grants of those States that are not
          eligible to receive more than the minimum funding level in
          order to achieve the minimum funding level for each such
          State, except that the eligible amount of a grant to any
          State shall not be reduced to an amount below the minimum
          funding level.

          (ii) Grant determination. - The amount of a grant that a
        State is eligible to apply for under this subparagraph shall be
        the amount determined under clause (i), subject to any
        modifications required under clause (iii), and shall be based
        on the amount available for the fiscal year in which
        performance of the grant commences, but not including amounts
        distributed in accordance with clause (iv). The amount of a
        grant received by a State under any provision of this
        subparagraph shall not exceed the amount of matching funds from
        sources other than the Federal Government, as required under
        subparagraph (A).
          (iii) Minimum funding level. - The amount of the minimum
        funding level for each State shall be determined for each
        fiscal year based on the amount made available for that fiscal
        year to carry out this section, as follows:
            (I) If the amount made available is not less than
          $81,500,000 and not more than $90,000,000, the minimum
          funding level shall be $500,000.
            (II) If the amount made available is less than $81,500,000,
          the minimum funding level shall be the remainder of $500,000
          minus a percentage of $500,000 equal to the percentage amount
          by which the amount made available is less than $81,500,000.
            (III) If the amount made available is more than
          $90,000,000, the minimum funding level shall be the sum of
          $500,000 plus a percentage of $500,000 equal to the
          percentage amount by which the amount made available exceeds
          $90,000,000.

          (iv) Distributions. - Subject to clause (iii), if any State
        does not apply for, or use, its full funding eligibility for a
        fiscal year, the Administration shall distribute the remaining
        funds as follows:
            (I) If the grant to any State is less than the amount
          received by that State in fiscal year 2000, the
          Administration shall distribute such remaining funds, on a
          pro rata basis, based on the percentage of shortage of each
          such State, as compared to the total amount of such remaining
          funds available, to the extent necessary in order to increase
          the amount of the grant to the amount received by that State
          in fiscal year 2000, or until such funds are exhausted,
          whichever first occurs.
            (II) If any funds remain after the application of subclause
          (I), the remaining amount may be distributed as supplemental
          grants to any State, as the Administration determines, in its
          discretion, to be appropriate, after consultation with the
          association referred to in subsection (a)(3)(A) of this
          section.

          (v) Use of amounts. - 
            (I) In general. - Of the amounts made available in any
          fiscal year to carry out this section - 
              (aa) not more than $500,000 may be used by the
            Administration to pay expenses enumerated in subparagraphs
            (B) through (D) of section 20(a)(1); (!2) and
              (bb) not more than $500,000 may be used by the
            Administration to pay the examination expenses enumerated
            in section 20(a)(1)(E).(!2)

            (II) Limitation. - No funds described in subclause (I) may
          be used for examination expenses under section 20(a)(1)(E)
          (!2) if the usage would reduce the amount of grants made
          available under clause (i)(I) of this subparagraph to less
          than $85,000,000 (after excluding any amounts provided in
          appropriations Acts, or accompanying report language, for
          specific institutions or for purposes other than the general
          small business development center program) or would further
          reduce the amount of such grants below such amount.

          (vi) Exclusions. - Grants provided to a State by the
        Administration or another Federal agency to carry out
        subsection (a)(6) or (c)(3)(G) of this section, or for
        supplemental grants set forth in clause (iv)(II) of this
        subparagraph, shall not be included in the calculation of
        maximum funding for a State under clause (ii) of this
        subparagraph.
          (vii) Authorization of appropriations. - There are authorized
        to be appropriated to carry out this subparagraph - 
            (I) $130,000,000 for fiscal year 2005; and
            (II) $135,000,000 for fiscal year 2006.

          (viii) Limitation. - From the funds appropriated pursuant to
        clause (vii), the Administration shall reserve not less than
        $1,000,000 in each fiscal year to develop portable assistance
        for startup and sustainability non-matching grant programs to
        be conducted by eligible small business development centers in
        communities that are economically challenged as a result of a
        business or government facility down sizing or closing, which
        has resulted in the loss of jobs or small business instability.
        A non-matching grant under this clause shall not exceed
        $100,000, and shall be used for small business development
        center personnel expenses and related small business programs
        and services.
          (ix) State defined. - In this subparagraph, the term "State"
        means each of the several States, the District of Columbia, the
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
        American Samoa.

      (5) Federal contracts with small business development centers. - 
        (A) In general. - Subject to the conditions set forth in
      subparagraph (B), a small business development center may enter
      into a contract with a Federal department or agency to provide
      specific assistance to small business concerns.
        (B) Contract prerequisites. - Before bidding on a contract
      described in subparagraph (A), a small business development
      center shall receive approval from the Associate Administrator of
      the small business development center program of the subject and
      general scope of the contract. Each approval under subparagraph
      (A) shall be based upon a determination that the contract will
      provide assistance to small business concerns and that
      performance of the contract will not hinder the small business
      development center in carrying out the terms of the grant
      received by the small business development center from the
      Administration.
        (C) Exemption from matching requirement. - A contract under
      this paragraph shall not be subject to the matching funds or
      eligibility requirements of paragraph (4).
        (D) Additional provision. - Notwithstanding any other provision
      of law, a contract for assistance under this paragraph shall not
      be applied to any Federal department or agency's small business,
      woman-owned business, or socially and economically disadvantaged
      business contracting goal under section 644(g) of this title.

      (6) Any applicant which is funded by the Administration as a
    Small Business Development Center may apply for an additional grant
    to be used solely to assist - 
        (A) with the development and enhancement of exports by small
      business concerns;
        (B) in technology transfer; and
        (C) with outreach, development, and enhancement of minority-
      owned small business startups or expansions, HUBZone small
      business concerns, veteran-owned small business startups or
      expansions, and women-owned small business startups or
      expansions, in communities impacted by base closings or military
      or corporate downsizing, or in rural or underserved communities;

    as provided under subparagraphs (B) through (G) of subsection
    (c)(3) of this section. Applicants for such additional grants shall
    comply with all of the provisions of this section, including
    providing matching funds, except that funding under this paragraph
    shall be effective for any fiscal year to the extent provided in
    advance in appropriations Acts and shall be in addition to the
    dollar program limitations specified in paragraphs (4) and (5). No
    recipient of funds under this paragraph shall receive a grant which
    would exceed its pro rata share of a $15,000,000 program based upon
    the populations to be served by the Small Business Development
    Center as compared to the total population of the United States.
    The minimum amount of eligibility for any State shall be $100,000.
      (7) Privacy requirements. - 
        (A) In general. - A small business development center,
      consortium of small business development centers, or contractor
      or agent of a small business development center may not disclose
      the name, address, or telephone number of any individual or small
      business concern receiving assistance under this section without
      the consent of such individual or small business concern, unless -
       
          (i) the Administrator is ordered to make such a disclosure by
        a court in any civil or criminal enforcement action initiated
        by a Federal or State agency; or
          (ii) the Administrator considers such a disclosure to be
        necessary for the purpose of conducting a financial audit of a
        small business development center, but a disclosure under this
        clause shall be limited to the information necessary for such
        audit.

        (B) Administrator use of information. - This section shall not -
       
          (i) restrict Administrator access to program activity data;
        or
          (ii) prevent the Administrator from using client information
        to conduct client surveys.

        (C) Regulations. - 
          (i) In general. - The Administrator shall issue regulations
        to establish standards - 
            (I) for disclosures with respect to financial audits under
          subparagraph (A)(ii); and
            (II) for client surveys under subparagraph (B)(ii),
          including standards for oversight of such surveys and for
          dissemination and use of client information.

          (ii) Maximum privacy protection. - Regulations under this
        subparagraph, shall, to the extent practicable, provide for the
        maximum amount of privacy protection.
          (iii) Inspector general. - Until the effective date of
        regulations under this subparagraph, any client survey and the
        use of such information shall be approved by the Inspector
        General who shall include such approval in his semi-annual
        report.
    (b) Area plan inconsistent with applicant's plan: assistance
      unavailable 1981 through 1983; plan of applicant: submittal to
      Administration, action on plan, review by Administration,
      assistance to out-of-State businesses
      (1) Financial assistance shall not be made available to any
    applicant if approving such assistance would be inconsistent with a
    plan for the area involved which has been adopted by an agency
    recognized by the State government as authorized to do so and
    approved by the Administration in accordance with the standards and
    requirements established pursuant to this section.
      (2) An applicant may apply to participate in the program by
    submitting to the Administration for approval a plan naming those
    authorized in subsection (a) of this section to participate in the
    program, the geographic area to be served, the services that it
    would provide, the method for delivering services, a budget, and
    any other information and assurances the Administration may require
    to insure that the applicant will carry out the activities eligible
    for assistance. The Administration is authorized to approve,
    conditionally approve or reject a plan or combination of plans
    submitted. In all cases, the Administration shall review plans for
    conformity with the plan submitted pursuant to paragraph (1) of
    this subsection, and with a view toward providing small business
    with the most comprehensive and coordinated assistance in the State
    or part thereof to be served.
      (3) At the discretion of the Administration, the Administration
    is authorized to permit a small business development center to
    provide advice, information and assistance, as described in
    subsection (c) of this section, to small businesses located outside
    the State, but only to the extent such businesses are located
    within close geographical proximity to the small business
    development center, as determined by the Administration.
    (c) Problem-solving assistance; development center extension
      services; staff and access requirements; assistance services;
      changing services for evolving needs; qualified small business
      vendors; non-profit entities; cooperation with regional and local
      offices, etc.; information sharing system
      (1) Applicants receiving grants under this section shall assist
    small businesses in solving problems concerning operations,
    manufacturing, engineering, technology exchange and development,
    personnel administration, marketing, sales, merchandising, finance,
    accounting, business strategy development, and other disciplines
    required for small business growth and expansion, innovation,
    increased productivity, and management improvement, and for
    decreasing industry economic concentrations.
      (2) A small business development center shall provide services as
    close as possible to small businesses by providing extension
    services and utilizing satellite locations when necessary. The
    facilities and staff of each Small Business Development Center
    shall be located in such places as to provide maximum accessibility
    and benefits to the small businesses which the center is intended
    to serve. To the extent possible, it also shall make full use of
    other Federal and State government programs that are concerned with
    aiding small business. A small business development center shall
    have - 
        (A) a full-time staff, including a full-time director who shall
      have the authority to make expenditures under the center's budget
      and who shall manage the program activities;
        (B) access to business analysts to counsel, assist, and inform
      small business clients;
        (C) access to technology transfer agents to provide state of
      art technology to small businesses through coupling with national
      and regional technology data sources;
        (D) access to information specialists to assist in providing
      information searches and referrals to small business;
        (E) access to part-time professional specialists to conduct
      research or to provide counseling assistance whenever the need
      arises; and
        (F) access to laboratory and adaptive engineering facilities.

      (3) Services provided by a small business development center
    shall include, but shall not be limited to - 
        (A) furnishing one-to-one individual counseling to small
      businesses, including - 
          (i) working with individuals to increase awareness of basic
        credit practices and credit requirements;
          (ii) working with individuals to develop business plans,
        financial packages, credit applications, and contract
        proposals;
          (iii) working with the Administration to develop and provide
        informational tools for use in working with individuals on pre-
        business startup planning, existing business expansion, and
        export planning; and
          (iv) working with individuals referred by the local offices
        of the Administration and Administration participating lenders;

        (B) assisting in technology transfer, research and development,
      including applied research, and coupling from existing sources to
      small businesses, including - 
          (i) working to increase the access of small businesses to the
        capabilities of automated flexible manufacturing systems;
          (ii) working through existing networks and developing new
        networks for technology transfer that encourage partnership
        between the small business and academic communities to help
        commercialize university-based research and development and
        introduce university-based engineers and scientists to their
        counterparts in small technology-based firms; and
          (iii) exploring the viability of developing shared production
        facilities, under appropriate circumstances;

        (C) in cooperation with the Department of Commerce and other
      relevant Federal agencies, actively assisting small businesses in
      exporting by identifying and developing potential export markets,
      facilitating export transactions, developing linkages between
      United States small business firms and prescreened foreign
      buyers, assisting small businesses to participate in
      international trade shows, assisting small businesses in
      obtaining export financing, and facilitating the development or
      reorientation of marketing and production strategies; where
      appropriate, the Small Business Development Center and the
      Administration may work in cooperation with the State to
      establish a State international trade center for these purposes;
        (D) developing a program in conjunction with the Export-Import
      Bank and local and regional Administration offices that will
      enable Small Business Development Centers to serve as an
      information network and to assist small business applicants for
      Export-Import Bank financing programs, and otherwise identify and
      help to make available export financing programs to small
      businesses;
        (E) working closely with the small business community, small
      business consultants, State agencies, universities and other
      appropriate groups to make translation services more readily
      available to small business firms doing business, or attempting
      to develop business, in foreign markets;
        (F) in providing assistance under this subsection, applicants
      shall cooperate with the Department of Commerce and other
      relevant Federal agencies to increase access to available export
      market information systems, including the CIMS system;
        (G) assisting small businesses to develop and implement
      strategic business plans to timely and effectively respond to the
      planned closure (or reduction) of a Department of Defense
      facility within the community, or actual or projected reductions
      in such firms' business base due to the actual or projected
      termination (or reduction) of a Department of Defense program or
      a contract in support of such program - 
          (i) by developing broad economic assessments of the adverse
        impacts of - 
            (I) the closure (or reduction) of the Department of Defense
          facility on the small business concerns providing goods or
          services to such facility or to the military and civilian
          personnel currently stationed or working at such facility;
          and
            (II) the termination (or reduction) of a Department of
          Defense program (or contracts under such program) on the
          small business concerns participating in such program as a
          prime contractor, subcontractor or supplier at any tier;

          (ii) by developing, in conjunction with appropriate Federal,
        State, and local governmental entities and other private sector
        organizations, the parameters of a transition adjustment
        program adaptable to the needs of individual small business
        concerns;
          (iii) by conducting appropriate programs to inform the
        affected small business community regarding the anticipated
        adverse impacts identified under clause (i) and the economic
        adjustment assistance available to such firms; and
          (iv) by assisting small business concerns to develop and
        implement an individualized transition business plan.(!3)


        (H) maintaining current information concerning Federal, State,
      and local regulations that affect small businesses and counsel
      (!4) small businesses on methods of compliance. Counseling and
      technology development shall be provided when necessary to help
      small businesses find solutions for complying with environmental,
      energy, health, safety, and other Federal, State, and local
      regulations;

        (I) coordinating and conducting research into technical and
      general small business problems for which there are no ready
      solutions;
        (J) providing and maintaining a comprehensive library that
      contains current information and statistical data needed by small
      businesses;
        (K) maintaining a working relationship and open communications
      with the financial and investment communities, legal
      associations, local and regional private consultants, and local
      and regional small business groups and associates in order to
      help address the various needs of the small business community;
        (L) conducting in-depth surveys for local small business groups
      in order to develop general information regarding the local
      economy and general small business strengths and weaknesses in
      the locality;
        (M) in cooperation with the Department of Commerce, the
      Administration and other relevant Federal agencies, actively
      assisting rural small businesses in exporting by identifying and
      developing potential export markets for rural small businesses,
      facilitating export transactions for rural small businesses,
      developing linkages between United States' rural small businesses
      and prescreened foreign buyers, assisting rural small businesses
      to participate in international trade shows, assisting rural
      small businesses in obtaining export financing and developing
      marketing and production strategies;
        (N) assisting rural small businesses - 
          (i) in developing marketing and production strategies that
        will enable them to better compete in the domestic market - 
          (ii) by providing technical assistance needed by rural small
        businesses;
          (iii) by making available managerial assistance to rural
        small business concerns; and
          (iv) by providing information and assistance in obtaining
        financing for business startups and expansion;

        (O) in conjunction with the United States Travel and Tourism
      Administration, assist rural small business in developing the
      tourism potential of rural communities by - 
          (i) identifying the cultural, historic, recreational, and
        scenic resources of such communities;
          (ii) providing assistance to small businesses in developing
        tourism marketing and promotion plans relating to tourism in
        rural areas; and
          (iii) assisting small business concerns to obtain capital for
        starting or expanding businesses primarily serving tourists;

        (P) maintaining lists of local and regional private consultants
      to whom small businesses can be referred;
        (Q) providing information to small business concerns regarding
      compliance with regulatory requirements;
        (R) developing informational publications, establishing
      resource centers of reference materials, and distributing
      compliance guides published under section 312(a) (!5) of the
      Small Business Regulatory Enforcement Fairness Act of 1996;

        (S) providing small business owners with access to a wide
      variety of export-related information by establishing on-line
      computer linkages between small business development centers and
      an international trade data information network with ties to the
      Export Assistance Center program; and
        (T) providing information and assistance to small business
      concerns with respect to establishing drug-free workplace
      programs on or before October 1, 2006.

      (4) A small business development center shall continue to upgrade
    and modify its services, as needed, in order to meet the changing
    and evolving needs of the small business community.
      (5) In addition to the methods prescribed in paragraph (2), a
    small business development center shall utilize and compensate as
    one of its resources qualified small business vendors, including
    but not limited to, private management consultants, private
    consulting engineers and private testing laboratories, to provide
    services as described in this subsection to small businesses on
    behalf of such small business development center.
      (6) In any State (A) in which the Administration has not made a
    grant pursuant to paragraph (1) of subsection (a) of this section,
    or (B) in which no application for a grant has been made by a Small
    Business Development Center pursuant to paragraph (6) of such
    subsection within 60 days after the effective date of any grant
    under subsection (a)(1) of this section to such center or the date
    the Administration notifies the grantee funded under subsection
    (a)(1) of this section that funds are available for grant
    applications pursuant to subsection (a)(6) of this section,
    whichever date occurs last, the Administration may make grants to a
    non-profit entity in that State to carry out the activities
    specified in paragraph (6) of subsection (a) of this section. Any
    such applicants shall comply with the matching funds requirement of
    paragraph (4) of subsection (a) of this section. Such grants shall
    be effective for any fiscal year only to the extent provided in
    advance in appropriations Acts, and each State shall be limited to
    the pro rata share provisions of paragraph (6) of subsection (a) of
    this section.
      (7) In performing the services identified in paragraph (3), the
    Small Business Development Centers shall work in close cooperation
    with the Administration's regional and local offices, the local
    small business community, and appropriate State and local agencies.
      (8) The Associate Administrator for Small Business Development
    Centers, in consultation with the Small Business Development
    Centers, shall develop and implement an information sharing system.
    Subject to amounts approved in advance in appropriations Acts, the
    Administration may make grants or enter (!6) cooperative agreements
    with one or more centers to carry out the provisions of this
    paragraph. Said grants or cooperative agreements shall be awarded
    for periods of no more than five years duration. The matching funds
    provisions of subsection (a) of this section shall not be
    applicable to grants or cooperative agreements under this
    paragraph. The system shall - 

        (A) allow Small Business Development Centers participating in
      the program to exchange information about their programs; and
        (B) provide information central to technology transfer.
    (d) Enhancing export potential of businesses within State; State
      Office of International Trade
      Where appropriate, the Small Business Development Centers shall
    work in conjunction with the relevant State agency and the
    Department of Commerce to develop a comprehensive plan for
    enhancing the export potential of small businesses located within
    the State. This plan may involve the cofunding and staffing of a
    State Office of International Trade within the State Small Business
    Development Center, using joint State and Federal funding, and any
    other appropriate measures directed at improving the export
    performance of small businesses within the State.
    (e) Laboratory assistance; reimbursement for services
      Laboratories operated and funded by the Federal Government are
    authorized and directed to cooperate with the Administration in
    developing and establishing programs to support small business
    development centers by making facilities and equipment available;
    providing experiment station capabilities in adaptive engineering;
    providing library and technical information processing
    capabilities; and providing professional staff for consulting. The
    Administration is authorized to reimburse the laboratories for such
    services.
    (f) National Science Foundation; cooperation with Administration
      and Small Business Development Centers; center support
      The National Science Foundation is authorized and directed to
    cooperate with the Administration and with the Small Business
    Development Centers in developing and establishing programs to
    support the centers.
    (g) National Aeronautics and Space Administration and regional
      technology transfer centers
      The National Aeronautics and Space Administration and regional
    technology transfer centers supported by the National Aeronautics
    and Space Administration are authorized and directed to cooperate
    with small business development centers participating in the
    program.
    (h) Associate Administrator for Small Business Development Centers
      (1) Appointment and compensation
        The Administrator shall appoint an Associate Administrator for
      Small Business Development Centers who shall report to an
      official who is not more than one level below the Office of the
      Administrator and who shall serve without regard to the
      provisions of title 5 governing appointments in the competitive
      service, and without regard to chapter 51, and subchapter III of
      chapter 53 of such title relating to classification and General
      Schedule pay rates, but at a rate not less than the rate of GS-17
      of the General Schedule.
      (2) Duties
        (A) In general
          The sole responsibility of the Associate Administrator for
        Small Business Development Centers shall be to administer the
        small business development center program. Duties of the
        position shall include recommending the annual program budget,
        reviewing the annual budgets submitted by each applicant,
        establishing appropriate funding levels therefore,(!7)
        selecting applicants to participate in this program,
        implementing the provisions of this section, maintaining a
        clearinghouse to provide for the dissemination and exchange of
        information between small business development centers and
        conducting audits of recipients of grants under this section.

        (B) Consultation requirements
          In carrying out the duties described in this subsection, the
        Associate Administrator shall confer with and seek the advice
        of the Board established by subsection (i) of this section and
        Administration officials in areas served by the small business
        development centers; however, the Associate Administrator shall
        be responsible for the management and administration of the
        program and shall not be subject to the approval or concurrence
        of such Administration officials.
    (i) National Small Business Development Center Advisory Board;
      establishment; membership; term; Chairman; advisory and
      counseling functions; meetings; compensation
      (1) There is established a National Small Business Development
    Center Advisory Board (herein referred to as "Board") which shall
    consist of nine members appointed from civilian life by the
    Administrator and who shall be persons of outstanding
    qualifications known to be familiar and sympathetic with small
    business needs and problems. No more than three members shall be
    from universities or their affiliates and six shall be from small
    businesses or associations representing small businesses. At the
    time of the appointment of the Board, the Administrator shall
    designate one-third of the members and at least one from each
    category whose term shall end in two years from the date of
    appointment, a second third whose term shall end in three years
    from the date of appointment, and the final third whose term shall
    end in four years from the date of appointment. Succeeding Boards
    shall have three-year terms, with one-third of the Board changing
    each year.
      (2) The Board shall elect a Chairman and advise, counsel, and
    confer with the Associate Administrator for Small Business
    Development Centers in carrying out the duties described in this
    section. The Board shall meet at least semiannually and at the call
    of the Chairman of the Board. Each member of the Board shall be
    entitled to be compensated at the rate not in excess of the per
    diem, equivalent of the highest rate of pay for individuals
    occupying the position under GS-18 of the General Schedule for each
    day engaged in activities of the Board and shall be entitled to be
    reimbursed for expenses as a member of the Board.
    (j) Small business development center advisory board;
      establishment; chairman; conferences with director on policy
      (1) Each small business development center shall establish an
    advisory board.
      (2) Each small business development center advisory board shall
    elect a chairman and advise, counsel, and confer with the director
    of the small business development center on all policy matters
    pertaining to the operation of the small business development
    center, including who may be eligible to receive assistance from,
    and how local and regional private consultants may participate with
    the small business development center.
    (k) Program examination and accreditation
      (1) Examination
        Not later than 180 days after October 22, 1994, the
      Administration shall develop and implement a biennial
      programmatic and financial examination of each small business
      development center established pursuant to this section.
      (2) Accreditation
        The Administration may provide financial support, by contract
      or otherwise, to the association authorized by subsection
      (a)(3)(A) of this section for the purpose of developing a small
      business development center accreditation program.
      (3) Extension or renewal of cooperative agreements
        (A) In general
          In extending or renewing a cooperative agreement of a small
        business development center, the Administration shall consider
        the results of the examination and accreditation program
        conducted pursuant to paragraphs (1) and (2).
        (B) Accreditation requirement
          After September 30, 2000, the Administration may not renew or
        extend any cooperative agreement with a small business
        development center unless the center has been approved under
        the accreditation program conducted pursuant to this
        subsection, except that the Associate Administrator for Small
        Business Development Centers may waive such accreditation
        requirement, in the discretion of the Associate Administrator,
        upon a showing that the center is making a good faith effort to
        obtain accreditation.
    (l) Contract authority
      The authority to enter into contracts shall be in effect for each
    fiscal year only to the extent and in the amounts as are provided
    in advance in appropriations Acts. After the administration has
    entered a contract, either as a grant or a cooperative agreement,
    with any applicant under this section, it shall not suspend,
    terminate, or fail to renew or extend any such contract unless the
    Administration provides the applicant with written notification
    setting forth the reasons therefore (!7) and affording the
    applicant an opportunity for a hearing, appeal, or other
    administrative proceeding under the provisions of chapter 5 of
    title 5. If any contract or cooperative agreement under this
    section with an entity that is covered by this section is not
    renewed or extended, any award of a successor contract or
    cooperative agreement under this section to another entity shall be
    made on a competitive basis.
    (m) Prohibition on certain fees
      A small business development center shall not impose or otherwise
    collect a fee or other compensation in connection with the
    provision of counseling services under this section.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[21], as added Pub. L. 96-302, title II,
    Sec. 202, July 2, 1980, 94 Stat. 843; amended Pub. L. 98-395, Sec.
    2, Aug. 21, 1984, 98 Stat. 1366; Pub. L. 100-418, title VIII, Sec.
    8006(b), Aug. 23, 1988, 102 Stat. 1557; Pub. L. 100-590, title I,
    Secs. 134, 135(3), Nov. 3, 1988, 102 Stat. 3006, 3007; Pub. L. 101-
    515, title V, Secs. 5(a), 6, Nov. 5, 1990, 104 Stat. 2142; Pub. L.
    101-574, title II, Sec. 201(a)(1), title III, Sec. 303, Nov. 15,
    1990, 104 Stat. 2818, 2828; Pub. L. 102-366, title II, Secs. 212,
    223(a), Sept. 4, 1992, 106 Stat. 998, 1000; Pub. L. 103-81, Sec.
    9(a), Aug. 13, 1993, 107 Stat. 783; Pub. L. 103-403, title IV,
    Secs. 402-404, Oct. 22, 1994, 108 Stat. 4190, 4191; Pub. L. 104-66,
    title II, Sec. 2121, Dec. 21, 1995, 109 Stat. 730; Pub. L. 104-121,
    title II, Sec. 214(a), Mar. 29, 1996, 110 Stat. 859; Pub. L. 104-
    208, div. D, title I, Sec. 106, Sept. 30, 1996, 110 Stat. 3009-
    731; Pub. L. 105-135, title V, Secs. 502, 506(a), Dec. 2, 1997,
    111 Stat. 2622, 2624; Pub. L. 105-277, div. C, title IX, Sec. 905,
    Oct. 21, 1998, 112 Stat. 2681-710; Pub. L. 106-554, Sec. 1(a)(9)
    [title V, Sec. 503(e), title VIII, Sec. 804(b)], Dec. 21, 2000, 114
    Stat. 2763, 2763A-695, 2763A-703; Pub. L. 107-20, title II, Sec.
    2203(b), July 24, 2001, 115 Stat. 170; Pub. L. 108-447, div. K,
    title I, Secs. 122, 142, Dec. 8, 2004, 118 Stat. 3449, 3454.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 20(a), referred to in subsec. (a)(4)(C)(i)(I), (v), means
    section 2[20(a)] of Pub. L. 85-536, as amended, which is set out as
    a note under section 631 of this title.
      Section 312(a) of the Small Business Regulatory Enforcement
    Fairness Act of 1996, referred to in subsec. (c)(3)(R), probably
    means section 212(a) of Pub. L. 104-121, which is set out in a note
    under section 601 of Title 5, Government Organization and
    Employees, because Pub. L. 104-121 does not contain a section 312.
      The provisions of title 5 governing appointments in the
    competitive service, referred to in subsec. (h)(1), are classified
    to section 3301 et seq. of Title 5.
      The General Schedule, referred to in subsecs. (h)(1) and (i)(2),
    is set out under section 5332 of Title 5.

-COD-
                               CODIFICATION                           
      October 22, 1994, referred to in subsec. (k)(1), was in the
    original "the date of enactment of this subsection", which was
    translated as meaning the date of enactment of Pub. L. 103-403,
    which amended subsec. (k) generally, to reflect the probable intent
    of Congress.
      In subsec. (l), "chapter 7 of title 5" substituted for "the
    Administrative Procedure Act" on authority of Pub. L. 89-554, Sec.
    7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
    enacted Title 5, Government Organization and Employees.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 648 of this title, act July 30, 1953, ch. 282,
    title II, Sec. 219, 67 Stat. 239, which related to requirements for
    loans, was omitted as superseded by section 642 of this title. See
    Codification note set out under section 631 of this title.
      A prior section 2[21] of Pub. L. 85-536 was renumbered section
    2[37] and is set out as a note under section 631 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (a)(4)(C)(vii) to (ix). Pub. L. 108-447, Sec.
    122(b), added cls. (vii) and (viii), redesignated former cl. (viii)
    as (ix), and struck out heading and text of former cl. (vii). Text
    read as follows: "There is authorized to be appropriated to carry
    out this subparagraph $125,000,000 for each of fiscal years 2001,
    2002, and 2003."
      Subsec. (a)(7). Pub. L. 108-447, Sec. 142(a), added par. (7).
      Subsec. (c)(3)(T). Pub. L. 108-447, Sec. 122(a), substituted
    "October 1, 2006" for "October 1, 2003".
      Subsec. (k). Pub. L. 108-447, Sec. 142(b), substituted
    "Accreditation" for "Certification" and "accreditation" for
    "certification" wherever appearing in headings and text.
      2001 - Subsec. (a)(4)(C)(v)(II). Pub. L. 107-20 inserted ", or
    accompanying report language," after "in appropriations Acts".
      2000 - Subsec. (a)(4)(C). Pub. L. 106-554, Sec. 1(a)(9) [title
    VIII, Sec. 804(b)], amended heading and text of subpar. (C)
    generally, substituting present provisions for provisions providing
    that the amount of a grant received by a State under this section
    would be equal to the greater of $500,000, or the sum of the
    State's pro rata share of the national program, plus $300,000 in
    fiscal year 1998, $400,000 in fiscal year 1999, and $500,000 in
    each fiscal year thereafter, provisions relating to pro rata
    reductions, matching requirement, and exception for grants provided
    to a small business development center to carry out the provisions
    of subsection (c)(3)(G), and provisions setting forth
    appropriations of $85,000,000 for fiscal year 1998, $90,000,000 for
    fiscal year 1999, and $95,000,000 for fiscal year 2000 and each
    fiscal year thereafter.
      Subsec. (c)(3)(T). Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec.
    503(e)], substituted "2003" for "2000".
      1998 - Subsec. (c)(3)(T). Pub. L. 105-277 added subpar. (T).
      1997 - Subsec. (a)(1). Pub. L. 105-135, Sec. 502(a)(1), inserted
    "any women's business center operating pursuant to section 656 of
    this title," after "credit or finance corporation,", "or a women's
    business center operating pursuant to section 656 of this title"
    after "other than an institution of higher education", and "and
    women's business centers operating pursuant to section 656 of this
    title" after "utilize institutions of higher education".
      Subsec. (a)(3). Pub. L. 105-135, Sec. 502(a)(2)(A), substituted
    "for the delivery of programs and services to the small business
    community. Such programs and services shall be jointly developed,
    negotiated, and agreed upon, with full participation of both
    parties, pursuant to an executed cooperative agreement between the
    Small Business Development Center applicant and the Administration"
    for ", but with recognition that a partnership exists under this
    section between the Administration and the applicant for the
    delivery of assistance to the small business community. Services
    shall be provided pursuant to a negotiated cooperative agreement
    with full participation of both parties".
      Subsec. (a)(3)(C). Pub. L. 105-135, Sec. 502(a)(2)(B), added
    subpar. (C).
      Subsec. (a)(4)(C)(i). Pub. L. 105-135, Sec. 502(a)(3)(A), added
    cl. (i) and struck out heading and text of former cl. (i). Text
    read as follows: "Except as provided in clause (ii), no State
    receiving funds under this section shall receive a grant that
    exceeds - 
        "(I) for fiscal year 1995, the sum of such State's pro rata
      share of a national program based upon the population of the
      State as compared to the total population in the United States,
      and $125,000; or
        "(II) in each succeeding fiscal year, the sum of such State's
      pro rata share of a national program based upon the population of
      the State as compared to the total population in the United
      States, and $200,000."
      Subsec. (a)(4)(C)(iii). Pub. L. 105-135, Sec. 502(a)(3)(B), added
    cl. (iii) and struck out former cl. (iii) which read as follows:
      "(iii) Amount. - The amount of the national program shall be - 
        "(I) $70,000,000 through September 30, 1996;
        "(II) $77,500,000 from October 1, 1996 through September 30,
      1997; and
        "(III) $85,000,000 beginning October 1, 1997."
      Subsec. (a)(6)(C). Pub. L. 105-135, Sec. 502(a)(4), added subpar.
    (C).
      Subsec. (c)(3). Pub. L. 105-135, Sec. 502(b)(4), redesignated
    closing provisions as par. (4). Former par. (4) redesignated (5).
      Subsec. (c)(3)(A). Pub. L. 105-135, Sec. 502(b)(1)(A),
    substituted "businesses, including - " for "businesses;" in
    introductory provisions and added cls. (i) to (iv).
      Subsec. (c)(3)(B). Pub. L. 105-135, Sec. 502(b)(1)(B), realigned
    margins.
      Subsec. (c)(3)(C). Pub. L. 105-135, Sec. 502(b)(1)(B), (C),
    realigned margins and inserted "and the Administration" after
    "Small Business Development Center".
      Subsec. (c)(3)(D) to (G), (M) to (O), (Q), (R). Pub. L. 105-135,
    Sec. 502(b)(1)(B), realigned margins.
      Subsec. (c)(3)(S). Pub. L. 105-135, Sec. 506(a), added subpar.
    (S).
      Subsec. (c)(4). Pub. L. 105-135, Sec. 502(b)(4), redesignated
    closing provisions of par. (3) as (4). Former par. (4) redesignated
    (5).
      Subsec. (c)(5). Pub. L. 105-135, Sec. 502(b)(3), redesignated
    par. (4) as (5). Former par. (5) redesignated (6).
      Pub. L. 105-135, Sec. 502(b)(2), realigned margins, substituted
    "subsection (a)(1) of this section" for "paragraph (a)(1)" and
    "whichever date occurs last," for "which ever date occurs last,,".
      Subsec. (c)(6) to (8). Pub. L. 105-135, Sec. 502(b)(3),
    redesignated pars. (5) to (7) as (6) to (8), respectively.
      Subsec. (l). Pub. L. 105-135, Sec. 502(c), inserted at end "If
    any contract or cooperative agreement under this section with an
    entity that is covered by this section is not renewed or extended,
    any award of a successor contract or cooperative agreement under
    this section to another entity shall be made on a competitive
    basis."
      Subsec. (m). Pub. L. 105-135, Sec. 502(d), added subsec. (m).
      1996 - Subsec. (c)(3)(Q), (R). Pub. L. 104-121 added subpars. (Q)
    and (R).
      Subsec. (c)(7). Pub. L. 104-208, Sec. 106(a)(2)(A), substituted
    "Associate Administrator for Small Business Development Centers"
    for "Deputy Associate Administrator of the Small Business
    Development Center program".
      Subsec. (h). Pub. L. 104-208, Sec. 106(a)(1), amended subsec. (h)
    generally. Prior to amendment, subsec. (h) read as follows:
      "(h)(1) The Administrator shall appoint a Associate Administrator
    for Small Business Development Centers who shall report to an
    official who is not more than one level below the Office of the
    Administrator and who shall serve without regard to the provisions
    of title 5 governing appointments in the competitive service, and
    without regard to chapter 51, and subchapter III of chapter 53 of
    such title relating to classification and General Schedule pay
    rates, but at a rate not less than the rate of GS-17 of the General
    Schedule.
      "(2) The sole responsibility of the Associate Administrator for
    Small Business Development Centers shall be to administer the small
    business development center program. Duties of the position shall
    include, but are not limited to, recommending the annual program
    budget, reviewing the annual budgets submitted by each applicant,
    establishing appropriate funding levels therefore, selecting
    applicants to participate in this program, implementing the
    provisions of this section, maintaining a clearinghouse to provide
    for the dissemination and exchange of information between small
    business development centers and conducting audits of recipients of
    grants under this section. The Associate Administrator for Small
    Business Development Centers shall confer with and seek the advise
    and counsel of the Board in carrying out the responsibilities
    described in this subsection."
      Subsec. (i)(2). Pub. L. 104-208, Sec. 106(a)(2)(B), substituted
    "Associate Administrator for Small Business Development Centers"
    for "Deputy Associate Administrator for Management Assistance".
      Subsec. (k)(3). Pub. L. 104-208, Sec. 106(b), amended heading and
    text of par. (3) generally. Prior to amendment, text read as
    follows: "In extending or renewing a cooperative agreement of a
    small business development center, the Administration shall
    consider the results of the examination and certification program
    conducted pursuant to paragraphs (1) and (2)."
      Subsec. (l). Pub. L. 104-208, Sec. 106(c), amended heading and
    text of subsec. (l) generally. Prior to amendment, text read as
    follows: "The authority to enter into contracts shall be in effect
    for each fiscal year only to the extent or in the amounts as are
    provided in advance in appropriations Acts. After the
    administration has entered a contract, either as a grant or a
    cooperative agreement, with any applicant under this section, it
    shall not suspend, terminate or fail to renew or extend any such
    contract unless the Administration provides the applicant with
    written notification setting forth the reasons therefor and
    affording the applicant an opportunity for a hearing, appeal or
    other administrative proceeding under the provisions of chapter 7
    of title 5."
      1995 - Subsec. (g). Pub. L. 104-66 amended subsec. (g) generally.
    Prior to amendment, subsec. (g) read as follows: "The National
    Aeronautics and Space Administration and industrial application
    centers supported by the National Aeronautics and Space
    Administration are authorized and directed to cooperate with small
    business development centers participating in this program. The
    National Aeronautics and Space Administration shall report annually
    on the performance of such industrial application centers with
    recommendations to the Administration and the Congress on how such
    industrial application centers can be strengthened and expanded.
    The National Aeronautics and Space Administration shall include in
    its report to Congress information on the ability of industrial
    application centers to interact with the Nation's small business
    community and recommendations to the Administration on continued
    funding."
      1994 - Subsec. (a)(4). Pub. L. 103-403, Sec. 402, amended par.
    (4) generally. Prior to amendment, par. (4) read as follows:
    "Except as provided in paragraph (4), the Administration shall
    require, as a condition to any grant (or amendment or modification
    thereof) made to an applicant under this section that an additional
    amount (excluding any fees collected from recipients of such
    assistance) equal to the amount of such grant be provided from
    sources other than the Federal Government: Provided, That the
    additional amount shall not include any amount of indirect costs or
    in-kind contributions paid for under any Federal program, nor shall
    such indirect costs or in-kind contributions exceed 50 per centum
    of the non-Federal additional amount: Provided further, That no
    recipient of funds under this section shall receive a grant which
    would exceed its pro rata share of a $70,000,000 program based upon
    the population to be served by the Small Business Development
    Center as compared to the total population of the United States,
    plus $100,000 for each State, but no State shall receive less than
    $200,000."
      Subsec. (a)(5). Pub. L. 103-403, Sec. 403, amended par. (5)
    generally, substituting present provisions for former provisions
    which required matching amount from non-Federal sources equal to
    amount of Federal grant.
      Subsec. (k). Pub. L. 103-403, Sec. 404, amended subsec. (k)
    generally. Prior to amendment, subsec. (k) read as follows: "Within
    six months of August 21, 1984, the Administration shall develop and
    implement a program proposal for onsite evaluation of each Small
    Business Development Center. Such evaluation shall be conducted at
    least once every two years and shall provide for the participation
    of a representative of at least one other Small Business
    Development Center on a cost-reimbursement basis."
      1993 - Subsec. (c)(7). Pub. L. 103-81 substituted "system.
    Subject to amounts approved in advance in appropriations Acts, the
    Administration may make grants or enter cooperative agreements with
    one or more centers to carry out the provisions of this paragraph.
    Said grants or cooperative agreements shall be awarded for periods
    of no more than five years duration. The matching funds provisions
    of subsection (a) of this section shall not be applicable to grants
    or cooperative agreements under this paragraph. The system shall"
    for "system which will" in introductory provisions.
      1992 - Subsec. (a)(3)(A), (B). Pub. L. 102-366, Sec. 223(a),
    added subpars. (A) and (B).
      Subsec. (c)(3)(D) to (G). Pub. L. 102-366, Sec. 212, redesignated
    former subpars. (E) to (G) as (D) to (F), respectively, added
    subpar. (G), and struck out former subpar. (D) which read as
    follows: "assisting small businesses in developing and implementing
    marketing and production strategies that will enable them to better
    compete within the domestic market;".
      1990 - Subsec. (a)(1). Pub. L. 101-515, Sec. 6, struck out period
    at end of first sentence and inserted ": Provided, That after
    December 31, 1990, the Administration shall not make a grant to any
    applicant other than an institution of higher education as a Small
    Business Development Center unless the applicant was receiving a
    grant (including a contract or cooperative agreement) on such date.
    The Administration shall require any applicant for a small business
    development center grant with performance commencing on or after
    January 1, 1992 to have its own budget and to primarily utilize
    institutions of higher education to provide services to the small
    business community."
      Subsec. (a)(4). Pub. L. 101-515, Sec. 5(a), and Pub. L. 101-574,
    Sec. 201(a)(1), amended par. (4) identically, substituting
    "Provided further, That no recipient of funds under this section
    shall receive a grant which would exceed its pro rata share of a
    $70,000,000 program based upon the population to be served by the
    Small Business Development Center as compared to the total
    population of the United States, plus $100,000 for each State, but
    no State shall receive less than $200,000." for "Provided further,
    That no recipient of funds under this section shall receive a grant
    which would exceed its pro rata share of a $65,000,000 program
    based upon the population to be served by the Small Business
    Development Center as compared to the total population in the
    United States, or $200,000, whichever is greater."
      Subsec. (c)(3)(M) to (P). Pub. L. 101-574, Sec. 303, added
    subpars. (M) to (O) and redesignated former subpar. (M) as (P).
      1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 8006(b)(1), inserted
    provision relating to management and technical assistance regarding
    small business participation in international markets, export
    promotion and technology transfer.
      Subsec. (a)(2) to (6). Pub. L. 100-418, Sec. 8006(b)(2), (3),
    added par. (2), redesignated former pars. (2) to (4) as (3) to (5),
    respectively, and added par. (6).
      Subsec. (c)(3)(B) to (M). Pub. L. 100-418, Sec. 8006(b)(4), (5),
    added subpars. (B) to (G), redesignated former subpars. (C) to (H)
    as (H) to (M), respectively, and struck out former subpar. (B)
    which read as follows: "assisting in technology transfer, research,
    and coupling from existing sources to small businesses;".
      Subsec. (c)(5). Pub. L. 100-590, Sec. 135(3), inserted "or the
    date the Administration notifies the grantee funded under
    subsection (a)(1) of this section that funds are available for
    grant applications pursuant to subsection (a)(6) of this section,
    which ever date occurs last," after "such center".
      Pub. L. 100-418, Sec. 8006(b)(6), added par. (5).
      Subsec. (c)(6), (7). Pub. L. 100-418, Sec. 8006(b)(6), added
    pars. (6) and (7).
      Subsecs. (d) to (g). Pub. L. 100-418, Sec. 8006(b)(7), added
    subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to
    (g), respectively. Former subsec. (g) redesignated (h).
      Subsec. (h). Pub. L. 100-590, Sec. 134(1), (2), which directed
    that subsec. (g) be amended by substituting "Associate
    Administrator for Small Business Development Centers" for "Deputy
    Associate Administrator for Management Assistance" in three places,
    and in par. (1) by substituting "an official who is not more than
    one level below the Office of the Administrator" for "the Associate
    Administrator for Management Assistance", was executed to subsec.
    (h) to reflect the probable intent of Congress and the intervening
    redesignation of subsec. (g) as (h) by section 8006(b)(7) of Pub.
    L. 100-418.
      Pub. L. 100-418, Sec. 8006(b)(7), redesignated former subsec. (g)
    as (h). Former subsec. (h) redesignated (i).
      Subsecs. (i) to (k). Pub. L. 100-418, Sec. 8006(b)(7),
    redesignated former subsecs. (h) to (j) as (i) to (k),
    respectively. Former subsec. (k) redesignated (l).
      Subsec. (l) Pub. L. 100-590, Sec. 134(3), which directed that
    subsec. (k) be amended by inserting provisions which prohibited
    Administration from suspending, terminating or failing to renew or
    extend any contract without written notification and opportunity
    for hearing, appeal or other administrative proceeding, was
    executed to subsec. (l) to reflect the probable intent of Congress
    and the intervening redesignation of subsec. (k) as (l) by section
    8006(b)(7) of Pub. L. 100-418.
      Pub. L. 100-418, Sec. 8006(b)(7), redesignated former subsec. (k)
    as (l).
      1984 - Subsec. (a)(1). Pub. L. 98-395, Sec. 2(1), inserted "The
    term of such grants shall be made on a calendar year basis or to
    coincide with the Federal fiscal year."
      Subsec. (a)(2) to (4). Pub. L. 98-395, Sec. 2(2), added pars. (2)
    to (4). Former par. (2), which contained provisions similar to par.
    (3), was struck out.
      Subsec. (b)(1). Pub. L. 98-395, Sec. 2(3), substituted
    "Financial" for "During fiscal years 1981, 1982, and 1983,
    financial".
      Subsec. (c)(2). Pub. L. 98-395, Sec. 2(4), inserted in provisions
    preceding subpar. (A) "The facilities and staff of each Small
    Business Development Center shall be located in such places as to
    provide maximum accessibility and benefits to the small businesses
    which the center is intended to serve."
      Subsec. (c)(2)(A). Pub. L. 98-395, Sec. 2(5), substituted
    "including a full-time director who shall have the authority to
    make expenditures under the center's budget and who shall manage
    the program activities;" for "including a staff director to manage
    the program activities."
      Subsec. (e). Pub. L. 98-395, Sec. 2(6), substituted provisions
    authorizing the National Science Foundation to cooperate with the
    Administration and with Small Business Development Centers in
    developing and establishing programs to support the centers, for
    former provisions which related to the National Science Foundation
    and innovation centers, and reports to be made to the
    Administration and Congress.
      Subsec. (h)(2). Pub. L. 98-395, Sec. 2(7), substituted "at least
    semiannually" for "at least quarterly".
      Subsec. (i)(1). Pub. L. 98-395, Sec. 2(8), substituted "shall"
    for "may".
      Subsec. (j). Pub. L. 98-395, Sec. 2(9), substituted provisions
    mandating that the Administration develop and implement program
    proposals for onsite evaluation of each Small Business Development
    Center for provisions which related to the establishment of program
    evaluation plans and their submission to Congressional committees.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENTS                 
      Amendment by Pub. L. 104-208 effective Oct. 1, 1996, see section
    3 of Pub. L. 104-208, set out as a note under section 633 of this
    title.
      Amendment by Pub. L. 104-121 effective on expiration of 90 days
    after Mar. 29, 1996, see section 216 of Pub. L. 104-121, set out in
    a Small Business Regulatory Fairness note under section 601 of
    Title 5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1990 AMENDMENTS                 
      Section 201(a)(2) of Pub. L. 101-574 provided that: "The
    amendment made by paragraph (1) [amending this section] shall apply
    to contracts, grants, or cooperative agreements for performance
    commencing on or after October 1, 1991. Contracts, grants, or
    cooperative agreements the performance of which commences before
    October 1, 1991, shall receive funding for the entire term of
    performance without regard to the amendment made by paragraph (1)
    and according to the State's pro rata share of a $65,000,000
    program as computed on the effective date of this section [Nov. 15,
    1990] under population estimates used for calendar year 1990
    agreements, plus $50,000 for each State, but no State shall receive
    less than $200,000."
      Section 5(c) of Pub. L. 101-515 provided that: "The amendments to
    the second proviso in subsection (a)(4) [15 U.S.C. 648(a)(4)] made
    by subsection (a) of this section shall apply to contracts, grants
    or cooperative agreements for performance commencing on or after
    October 1, 1991; contracts, grants or cooperative agreements for
    performance commencing prior thereto shall receive funding for the
    entire term of performance without regard to this amendment and
    according to the State's pro rata share of a $65,000,000 program as
    computed on the effective date of this section [Nov. 5, 1990] under
    population estimates used for calendar year 1990 agreements, plus
    $50,000 for each State, but no State shall receive less than
    $200,000."

                      EFFECTIVE AND TERMINATION DATES                  
      Section 204 of Pub. L. 96-302, as amended by Pub. L. 98-177, Nov.
    29, 1983, 97 Stat. 1125; Pub. L. 98-395, Sec. 4, Aug. 21, 1984, 98
    Stat. 1368; Pub. L. 101-162, title V, (6), Nov. 21, 1989, 103 Stat.
    1028, which provided for the repeal, effective Oct. 1, 1991, of
    sections 201 and 202 of Pub. L. 96-302, which enacted this section
    and provisions set out as a note under section 631 of this title
    and redesignated section 2[21] as 2[30] of Pub. L. 85-536, set out
    as a note under section 631 of this title, was repealed by Pub. L.
    101-515, Sec. 5(b), Nov. 5, 1990, 104 Stat. 2142, and Pub. L. 101-
    574, title II, Sec. 201(b), Nov. 15, 1990, 104 Stat. 2818.
      Section effective Oct. 1, 1980, see section 507 of Pub. L. 96-
    302, set out as an Effective Date of 1980 Amendment note under
    section 631 of this title.

                                SHORT TITLE                            
      For short title of title II of Pub. L. 96-302 as the Small
    Business Development Center Act of 1980, see Short Title of 1980
    Amendment note set out under section 631 of this title.

                                REGULATIONS                            
      Pub. L. 102-366, title II, Sec. 223(b), Sept. 4, 1992, 106 Stat.
    1000, as amended by Pub. L. 103-81, Sec. 9(c), Aug. 13, 1993, 107
    Stat. 783, provided that not later than 180 days after Sept. 4,
    1992, the Administrator of the Small Business Administration was to
    submit to the Committees on Small Business and the Committees on
    Appropriations of the Senate and the House of Representatives
    proposed regulations for the Small Business Development Center
    Program authorized by this section.

         SMALL BUSINESS TECHNOLOGY TRANSFER DEMONSTRATION PROGRAM     
      Pub. L. 101-574, title II, Sec. 231, Nov. 15, 1990, 104 Stat.
    2823, as amended by Pub. L. 102-564, title III, Sec. 302, Oct. 28,
    1992, 106 Stat. 4262, established within the Small Business
    Administration a Small Business Technology Transfer Demonstration
    Program to demonstrate the feasibility of providing small
    businesses with education, training, and technical assistance with
    respect to technology transfer and application and provided that
    the Program would terminate on Sept. 30, 1995.

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.

    (!2) See References in Text note below.

               

    (!3) So in original. The period probably should be a semicolon.

    (!4) So in original. Probably should be "counseling".

    (!5) See References in Text note below.

    (!6) So in original. Probably should be "enter into".

    (!7) So in original. Probably should be "therefor,".


-End-



-CITE-
    15 USC Sec. 648a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 648a. Repealed.

-MISC1-
    Sec. 648a. Repealed. Pub. L. 102-140, title VI, Sec. 609(e), Oct.
      28, 1991, 105 Stat. 826.
      Section, Pub. L. 85-536, Sec. 2[21A], as added Pub. L. 101-515,
    title V, Sec. 9(a), Nov. 5, 1990, 104 Stat. 2144, related to Small
    Business Development Center Technical Assistance Program.

             EFFECTIVE DATE OF REPEAL; TERMINATION OF FUNDING         
      Section 609(e) of Pub. L. 102-140 provided that: "Notwithstanding
    any other law, no funds shall be appropriated to carry out section
    21A of the Small Business Act [15 U.S.C. 648a] after September 30,
    1991, and such section is repealed October 1, 1992."

-End-



-CITE-
    15 USC Sec. 649                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 649. Office of International Trade

-STATUTE-
    (a) Establishment
      There is established within the Administration an Office of
    International Trade which shall implement the programs pursuant to
    this section.
    (b) Development of distribution network; marketing of programs and
      dissemination of information; bilingual job applicants
      The Office, working in close cooperation with the Department of
    Commerce and other relevant Federal agencies, Small Business
    Development Centers engaged in export promotion efforts, regional
    and local Administration offices, the small business community, and
    relevant State and local export promotion programs, shall - 
        (1) assist in developing a distribution network for existing
      trade promotion, trade finance, trade adjustment, trade remedy
      assistance and trade data collection programs through use of the
      Administration's regional and local offices and the Small
      Business Development Center network;
        (2) assist in the aggressive marketing of these programs and
      the dissemination of marketing information, including
      computerized marketing data, to the small business community; and
        (3) give preference in hiring or approving the transfer of any
      employee into the Office or to a position described in paragraph
      (8) below to otherwise qualified applicants who are fluent in a
      language in addition to English. Such employees shall accompany
      foreign trade missions if designated by the director of the
      Office and shall be available as needed to translate documents,
      interpret conversations and facilitate multilingual transactions
      including providing referral lists for translation services if
      required.
    (c) Promotion of sales opportunities for goods and services abroad
      The Office shall promote sales opportunities for small business
    goods and services abroad. To accomplish this objective the office
    shall - 
        (1) in cooperation with the Department of Commerce, other
      relevant agencies, regional and local Administration offices, the
      Small Business Development Center network, and State programs,
      develop a mechanism for (A) identifying sub-sectors of the small
      business community with strong export potential; (B) identifying
      areas of demand in foreign markets; (C) prescreening foreign
      buyers for commercial and credit purposes; and (D) assisting in
      increasing international marketing by disseminating relevant
      information regarding market leads, linking potential sellers and
      buyers, and catalyzing the formation of joint ventures, where
      appropriate;
        (2) in cooperation with the Department of Commerce, actively
      assist small businesses in the formation and utilization of
      export trading companies, export management companies and
      research and development pools authorized under section 638 of
      this title;
        (3) work in conjunction with other Federal agencies, regional
      and local offices of the Administration, the Small Business
      Development Center network, and the private sector to identify
      and publicize existing translation services, including those
      available through colleges and universities participating in the
      Small Business Development Center Program;
        (4) work closely with the Department of Commerce and other
      relevant Federal agencies to - 
          (A) collect, analyze and periodically update relevant data
        regarding the small business share of United States exports and
        the nature of State exports (including the production of Gross
        State Produce (!1) figures) and disseminate that data to the
        public and to Congress;

          (B) make recommendations to the Secretary of Commerce and to
        Congress regarding revision of the SIC codes to encompass
        industries currently overlooked and to create SIC codes for
        export trading companies and export management companies;
          (C) improve the utility and accessibility of existing export
        promotion programs for small businesses; and
          (D) increase the accessibility of the Export Trading Company
        contact facilitation service;

        (5) make available to the small business community information
      regarding conferences on exporting and international trade
      sponsored by the public and private sector.(!2)

        (6) provide small businesses with access to current and
      complete export information by - 
          (A) making available, at the Administration's regional
        offices through cooperation with the Department of Commerce,
        export information, including, but not limited to, the
        worldwide information and trade system and world trade data
        reports;
          (B) maintaining a current list of financial institutions that
        finance export operations;
          (C) maintaining a current directory of all Federal, regional,
        State and private sector programs that provide export
        information and assistance to small businesses; and
          (D) preparing and publishing such reports as it determines to
        be necessary concerning market conditions, sources of
        financing, export promotion programs, and other information
        pertaining to the needs of small business exporting firms so as
        to insure that the maximum information is made available to
        small businesses in a readily usable form;

        (7) encourage through cooperation with the Department of
      Commerce, greater small business participation in trade fairs,
      shows, missions, and other domestic and overseas export
      development activities of the Department of Commerce; and
        (8) facilitate decentralized delivery of export information and
      assistance to small businesses by assigning full-time export
      development specialists to each Administration regional office
      and assigning primary responsibility for export development to
      one person in each district office. Such specialists shall - 
          (A) assist small businesses in obtaining export information
        and assistance from other Federal departments and agencies;
          (B) maintain a current directory of all programs which
        provide export information and assistance to small businesses
        within the region;
          (C) encourage financial institutions to develop and expand
        programs for export financing;
          (D) provide advice to Administration personnel involved in
        granting loans, loan guarantees, and extensions and revolving
        lines of credit, and providing other forms of assistance to
        small businesses engaged in exports; and
          (E) within one hundred and eighty days of their appointment,
        participate in training programs designed by the Administrator,
        in conjunction with the Department of Commerce and other
        Federal departments and agencies, to study export programs and
        to examine small businesses' needs for export information and
        assistance.
    (d) Access to export and pre-export financing programs
      The Office shall work in cooperation with the Export-Import Bank
    of the United States, the Department of Commerce, other relevant
    Federal agencies, and the States to develop a program through which
    export specialists in the regional offices of the Administration,
    regional and local loan officers, and Small Business Development
    Center personnel can facilitate the access of small businesses to
    relevant export financing programs of the Export-Import Bank of the
    United States and to export and pre-export financing programs
    available from the Administration and the private sector. To
    accomplish this goal, the Office shall work in cooperation with the
    Export-Import Bank and the small business community, including
    small business trade associations, to - 
        (1) aggressively market existing Administration export
      financing and pre-export financing programs;
        (2) identify financing available under various Export-Import
      Bank programs, and aggressively market those programs to small
      businesses;
        (3) assist in the development of financial intermediaries and
      facilitate the access of those intermediaries to existing
      financing programs;
        (4) promote greater participation by private financial
      institutions, particularly those institutions already
      participating in loan programs under this chapter, in export
      finance; and
        (5) provide for the participation of appropriate Administration
      personnel in training programs conducted by the Export-Import
      Bank.
    (e) Counseling small businesses; proceedings related to trade laws;
      access to trade remedy proceedings
      The Office shall - 
        (1) work in cooperation with other Federal agencies and the
      private sector to counsel small businesses with respect to
      initiating and participating in any proceedings relating to the
      administration of the United States trade laws; and
        (2) work with the Department of Commerce, the Office of the
      United States Trade Representative, and the International Trade
      Commission to increase access to trade remedy proceedings for
      small businesses.
    (f) Annual reports to Congress
      The Office shall report to the Committees on Small Business of
    the House of Representatives and the Senate on an annual basis as
    to its progress in implementing the requirements under this
    section.
    (g) Cooperative studies and reports to Congressional committees on
      selected issues; recommendations
      The Office, in cooperation, where appropriate, with the Division
    of Economic Research of the Office of Advocacy, and with other
    Federal agencies, shall undertake studies regarding the following
    issues and shall report to the Committees on Small Business of the
    House of Representatives and the Senate, and to other relevant
    Committees of the House and Senate within 6 months after August 23,
    1988, with specific recommendations on - 
        (1) the viability and cost of establishing an annual,
      competitive small business export incentive program similar to
      the Small Business Innovation Research program and alternative
      methods of structuring such a program;
        (2) methods of streamlining trade remedy proceedings to
      increase access for, and reduce expenses incurred by, smaller
      firms;
        (3) methods of improving the current small business foreign
      sales corporation tax incentives and providing small businesses
      with greater benefits from this initiative;
        (4) methods of identifying potential export markets for United
      States small businesses; maintaining and disseminating current
      foreign market data; and devising a comprehensive export
      marketing strategy for United States small business goods and
      services, and shall include data on the volume and dollar amount
      of goods and services, identified by type, imported by United
      States trading partners over the past 10 years; and
        (5) the results of a survey of major United States trading
      partners to identify the domestic policies, programs and
      incentives, and the private sector initiatives, which exist to
      encourage the formation and growth of small business.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[22], as added Pub. L. 96-481, title I, Sec.
    113(a), Oct. 21, 1980, 94 Stat. 2323; amended Pub. L. 100-418,
    title VIII, Sec. 8003, Aug. 23, 1988, 102 Stat. 1554.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 649, act July 30, 1953, ch. 282, title II, Sec.
    220, 67 Stat. 240, which required a fair charge for use of
    Government-owned property, was omitted as superseded by section 643
    of this title. See Codification note set out under section 631 of
    this title.

                                AMENDMENTS                            
      1988 - Subsecs. (b) to (g). Pub. L. 100-418 added subsec. (b),
    redesignated former subsec. (b) as (c) and added pars. (1) to (5)
    and redesignated former pars. (1) to (3) as (6) to (8),
    respectively, and added subsecs. (d) to (g).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                              EFFECTIVE DATE                          
      Section 113(b) of Pub. L. 96-481 provided that: "The amendment
    made by subsection (a) [enacting this section] shall take effect on
    October 1, 1980, or the date of enactment of this Act [Oct. 21,
    1980], whichever occurs later."

                                SHORT TITLE                            
      For short title of part B of title I of Pub. L. 96-481 as the
    Small Business Export Expansion Act of 1980, see Short Title of
    1980 Amendment note set out under section 631 of this title.

                    CONGRESSIONAL DECLARATION OF POLICY                
      Section 111 of title I of Pub. L. 96-481 provided that:
      "(a) The Congress finds and declares that - 
        "(1) a strong export policy is essential to the health and well-
      being of the United States economy;
        "(2) exports of goods and services account for one out of every
      six jobs in the manufacturing sector and 10 per centum of the
      gross national product.
        "(3) every billion dollars in new exports is estimated to
      provide forty thousand jobs;
        "(4) there is increased and fierce competition in international
      markets to United States goods and services;
        "(5) small businesses account for no more than 10 per centum of
      all United States export sales;
        "(6) Federal Government programs are not sufficiently
      responsive to the needs of small business for export education
      and development of overseas marketing opportunities necessary to
      insure that small businesses realize their potential; and
        "(7) it is in the national interest to systematically and
      consistently promote and encourage small business participation
      in international markets.
      "(b) It is therefore the purpose of this part [enacting this
    section, amending section 636 of this title, and enacting
    provisions set out as notes under sections 631 and 649 of this
    title] to encourage and promote small business exporting by - 
        "(1) providing educational and marketing assistance to small
      businesses;
        "(2) insuring better access to export information and
      assistance for small businesses by upgrading and expanding the
      export development programs and services of the Department of
      Commerce and the Small Business Administration; and
        "(3) promoting the competitive viability of such firms in
      export trade and encouraging increased tourism in the United
      States by creating a program to provide limited financial,
      technical, and management assistance as may be necessary."

-FOOTNOTE-
    (!1) So in original. Probably should be "Product".

               

    (!2) So in original. The period probably should be a semicolon.


-End-



-CITE-
    15 USC Sec. 649a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 649a. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 98-481, title III, Sec. 301(a)-(d), Oct. 21,
    1980, 94 Stat. 2330, which related to establishment, staffing,
    functions, evaluation, and reporting requirements of export
    promotion centers, terminated Oct. 1, 1983.


-MISC1-
                      EFFECTIVE AND TERMINATION DATES                  
      Section 301(e) of Pub. L. 96-481 provided that: "This section
    shall take effect on October 1, 1980, or on the date of the
    enactment of this section [Oct. 21, 1980] whichever occurs later
    and shall expire on October 1, 1983."

-End-



-CITE-
    15 USC Sec. 649b                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 649b. Grants, contracts and cooperative agreements for
      international marketing programs

-STATUTE-
    (a) Limitations and restrictions
      The Secretary of Commerce (hereinafter referred to as the
    "Secretary") is authorized to make grants (including contracts and
    cooperative agreements) to a qualified applicant to encourage the
    development and implementation of a small business international
    marketing program (hereinafter referred to as "the program"). Each
    qualified applicant under sections 649a to 649d of this title may
    receive a Federal grant not to exceed $150,000 annually for each of
    three years: Provided, That not more than one-third of these
    Federal funds may be used for the purpose of hiring personnel.
    Nothing in this section shall be construed as authorizing the
    Secretary to enter into contracts or incur obligations except to
    such extent and in such amounts as are provided in appropriation
    Acts.
    (b) Eligibility
      (1) To be eligible for a grant under this section, an applicant
    proposing to carry out a small business international marketing
    program must submit to the Secretary an application demonstrating,
    at a minimum:
        (A) the geographical area to be served;
        (B) the number of firms to be assisted;
        (C) the staff required to administer the program;
        (D) the means to counsel small businesses interested in
      pursuing export sales, including providing information concerning
      available financing, credit insurance, tax treatment, potential
      markets and marketing assistance, export pricing, shipping,
      documentation, and foreign financing and business customs;
        (E) the ability to provide market analysis of the export
      potential of small business concerns; and
        (F) the capability for developing contacts with potential
      foreign customers and distributors for  small  business  and 
      their  products, including arrangements and sponsorship of
      foreign trade missions for small business concerns to meet with
      identified potential customers, distributors, sales
      representatives, and organizations interested in licensing or
      joint ventures: Provided, however, That no portion of any Federal
      funds may be used to directly underwrite any small business
      participation in foreign trade missions abroad.

      (2) Program services shall be provided to small business concerns
    through outreach services at the most local level practicable.
      (3) Each small business international marketing program shall
    have a full-time staff director to manage program activities, and
    access to export specialists to counsel and to assist small
    business clients in international marketing.
    (c) Advisory board establishment
      (1) Each small business international marketing program shall
    establish an advisory board of nine members to be appointed by the
    staff director of the program, not less than five members of whom
    shall be small business persons or representatives of small
    business associations.
      (2) Each advisory board shall elect a chairman and shall advise,
    counsel, and confer with the staff director of the program on all
    policy matters pertaining to the operation of the program
    (including who may be eligible to receive assistance, ways to
    promote the sale of United States products and services in foreign
    markets or to encourage tourism in the United States, and how to
    maximize local and regional private consultant participation in the
    program).
    (d) Grant requirements
      The Secretary shall require, as a condition to any grant (or
    amendment or modification thereof) made to an applicant under this
    section, that a sum equal to the amount of such grant be provided
    from sources other than the Federal Government: Provided, That the
    additional amount shall not include any amount of indirect costs or
    in-kind contributions paid for under any Federal program, nor shall
    indirect costs or in-kind contributions exceed 50 per centum of the
    non-Federal additional amount.
    (e) Program evaluation; reports
      The Secretary shall develop a plan to evaluate programs approved
    under this section which shall only - 
        (1) determine the impact of small business international
      marketing programs on those small businesses assisted;
        (2) determine the amount of export sales generated by small
      businesses assisted through such programs; and
        (3) make recommendations concerning continuation and/or
      expansion of the program and possible improvements in the program
      structure. Such evaluation shall be submitted to the Congress by
      October 1, 1982.
    (f) Recipients' duty to furnish information
      For the purpose of the evaluation under subsection (e) of this
    section, the Secretary is authorized to require any small business
    international marketing program, or party receiving assistance
    under this section, to furnish such information as is deemed
    appropriate to complete the required evaluation.
    (g) "Applicant" defined
      As used in this section, the term "applicant" means any State
    government or agency or instrumentality thereof, any Small Business
    Administration - designated small business development center, any
    for profit small business, any nonprofit corporation, any regional
    commission, or any combination of such entities, which will carry
    out a small business international marketing program.
    (h) Contract authority
      The authority to enter into contracts shall be in effect for each
    fiscal year only to the extent or in the amounts as are provided in
    advance in appropriation Acts.

-SOURCE-
    (Pub. L. 96-481, title III, Sec. 302, Oct. 21, 1980, 94 Stat.
    2331.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.


-MISC1-
                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-



-CITE-
    15 USC Sec. 649c                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 649c. Authorization of appropriations

-STATUTE-
      At least one small business international program shall be
    established within each region of the Department of Commerce. There
    are authorized to be appropriated to the Secretary $1,500,000 for
    each fiscal year 1981, 1982, and 1983, to carry out the program
    established in section 649b of this title.

-SOURCE-
    (Pub. L. 96-481, title III, Sec. 303, Oct. 21, 1980, 94 Stat.
    2332.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 649d                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 649d. Central information clearinghouse

-STATUTE-
      The Secretary through the International Trade Administration,
    shall, only to such extent and in such amounts as are provided in
    appropriation Acts on and after October 1, 1980, maintain a central
    clearinghouse to provide for the collection, dissemination, and
    exchange of information between programs established pursuant to
    sections 649a and 649b of this title, the Office of International
    Trade of the Small Business Administration, and other interested
    concerns.

-SOURCE-
    (Pub. L. 96-481, title III, Sec. 304, Oct. 21, 1980, 94 Stat.
    2333.)

-COD-
                               CODIFICATION                           
      Section was not enacted as part of the Small Business Act which
    comprises this chapter.

-End-



-CITE-
    15 USC Sec. 650                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 650. Supervisory and enforcement authority for small business
      lending companies

-STATUTE-
    (a) In general
      The Administrator is authorized - 
        (1) to supervise the safety and soundness of small business
      lending companies and non-Federally regulated lenders;
        (2) with respect to small business lending companies to set
      capital standards to regulate, to examine, and to enforce laws
      governing such companies, in accordance with the purposes of this
      chapter; and
        (3) with respect to non-Federally regulated lenders to
      regulate, to examine, and to enforce laws governing the lending
      activities of such lenders under section 636(a) of this title in
      accordance with the purposes of this chapter.
    (b) Capital directive
      (1) In general
        If the Administrator determines that a small business lending
      company is being operated in an imprudent manner, the
      Administrator may, in addition to any other action authorized by
      law, issue a directive to such company to increase capital to
      such level as the Administrator determines will result in the
      safe and sound operation of such company.
      (2) Delegation
        The Administrator may not delegate the authority granted under
      paragraph (1) except to an Associate Deputy Administrator.
      (3) Regulations
        The Administrator shall issue regulations outlining the
      conditions under which the Administrator may determine the level
      of capital pursuant to paragraph (1).
    (c) Civil action
      If a small business lending company violates this chapter, the
    Administrator may institute a civil action in an appropriate
    district court to terminate the rights, privileges, and franchises
    of the company under this chapter.
    (d) Revocation or suspension of loan authority
      (1) The Administrator may revoke or suspend the authority of a
    small business lending company or a non-Federally regulated lender
    to make, service or liquidate business loans authorized by section
    636(a) of this title - 
        (A) for false statements knowingly made in any written
      submission required under this chapter;
        (B) for omission of a material fact from any written submission
      required under this chapter;
        (C) for willful or repeated violation of this chapter;
        (D) for willful or repeated violation of any condition imposed
      by the Administrator with respect to any application, request, or
      agreement under this chapter; or
        (E) for violation of any cease and desist order of the
      Administrator under this section.

      (2) The Administrator may revoke or suspend authority under
    paragraph (1) only after a hearing under subsection (f) of this
    section. The Administrator may delegate power to revoke or suspend
    authority under paragraph (1) only to the Deputy Administrator and
    only if the Administrator is unavailable to take such action.
        (A) The Administrator, after finding extraordinary
      circumstances and in order to protect the financial or legal
      position of the United States, may issue a suspension order
      without conducting a hearing pursuant to subsection (f) of this
      section. If the Administrator issues a suspension under the
      preceding sentence, the Administrator shall within two business
      days follow the procedures set forth in subsection (f) of this
      section.
        (B) Any suspension under paragraph (1) shall remain in effect
      until the Administrator makes a decision pursuant to subparagraph
      (4) to permanently revoke the authority of the small business
      lending company or non-Federally regulated lender, suspend the
      authority for a time certain, or terminate the suspension.

      (3) The small business lending company or non-Federally regulated
    lender must notify borrowers of a revocation and that a new entity
    has been appointed to service their loans. The Administrator or an
    employee of the Administration designated by the Administrator may
    provide such notice to the borrower.
      (4) Any revocation or suspension under paragraph (1) shall be
    made by the Administrator except that the Administrator shall
    delegate to an administrative law judge as that term is used in
    section 3105 of title 5 the authority to conduct any hearing
    required under subsection (f) of this section. The Administrator
    shall base the decision to revoke on the record of the hearing.
    (e) Cease and desist order
      (1) Where a small business lending company, a non-Federally
    regulated lender, or other person violates this chapter or is
    engaging or is about to engage in any acts or practices which
    constitute or will constitute a violation of this chapter, the
    Administrator may order, after the opportunity for hearing pursuant
    to subsection (f) of this section, the company, lender, or other
    person to cease and desist from such action or failure to act. The
    Administrator may delegate the authority under the preceding
    sentence only to the Deputy Administrator and only if the
    Administrator is unavailable to take such action.
      (2) The Administrator, after finding extraordinary circumstances
    and in order to protect the financial or legal position of the
    United States, may issue a cease and desist order without
    conducting a hearing pursuant to subsection (f) of this section. If
    the Administrator issues a cease and desist order under the
    preceding sentence, the Administrator shall within two business
    days follow the procedures set forth in subsection (f) of this
    section.
      (3) The Administrator may further order such small business
    lending company or non-Federally regulated lender or other person
    to take such action or to refrain from such action as the
    Administrator deems necessary to insure compliance with this
    chapter.
      (4) A cease and desist order under this subsection may also
    provide for the suspension of authority to lend in subsection (d)
    of this section.
    (f) Procedure for revocation or suspension of loan authority and
      for cease and desist order
      (1) Before revoking or suspending authority under subsection (d)
    of this section or issuing a cease and desist order under
    subsection (e) of this section, the Administrator shall serve an
    order to show cause upon the small business lending company, non-
    Federally regulated lender, or other person why an order revoking
    or suspending the authority or a cease and desist order should not
    be issued. The order to show cause shall contain a statement of the
    matters of fact and law asserted by the Administrator and the legal
    authority and jurisdiction under which a hearing is to be held, and
    shall set forth that a hearing will be held before an
    administrative law judge at a time and place stated in the order.
    Such hearing shall be conducted pursuant to the provisions of
    sections 554, 556, and 557 of title 5. If after hearing, or a
    waiver thereof, the Administrator determines that an order revoking
    or suspending the authority or a cease and desist order should be
    issued, the Administrator shall promptly issue such order, which
    shall include a statement of the findings of the Administrator and
    the grounds and reasons therefor and specify the effective date of
    the order, and shall cause the order to be served on the small
    business lending company, non-Federally regulated lender, or other
    person involved.
      (2) Witnesses summoned before the Administrator shall be paid by
    the party at whose instance they were called the same fees and
    mileage that are paid witnesses in the courts of the United States.
      (3) A cease and desist order, suspension or revocation issued by
    the Administrator, after the hearing under this subsection is final
    agency action for purposes of chapter 7 of title 5. An adversely
    aggrieved party shall have 20 days from the date of issuance of the
    cease and desist order, suspension or revocation, to seek judicial
    review in an appropriate district court.
    (g) Removal or suspension of management official
      (1) Definition
        In this section, the term "management official" means, with
      respect to a small business lending company or a non-Federally
      regulated lender, an officer, director, general partner, manager,
      employee, agent, or other participant in the management of the
      affairs of the company's or lender's activities under section
      636(a) of this title.
      (2) Removal of management official
        (A) Notice
          The Administrator may serve upon any management official a
        written notice of its intention to remove that management
        official if, in the opinion of the Administrator, the
        management official - 
            (i) willfully and knowingly commits a substantial violation
          of - 
              (I) this chapter;
              (II) any regulation issued under this chapter;
              (III) a final cease-and-desist order under this chapter;
            or
              (IV) any agreement by the management official, the small
            business lending company or non-Federally regulated lender
            under this chapter; or

            (ii) willfully and knowingly commits a substantial breach
          of a fiduciary duty of that person as a management official
          and the violation or breach of fiduciary duty is one
          involving personal dishonesty on the part of such management
          official.
        (B) Contents of notice
          A notice under subparagraph (A) shall contain a statement of
        the facts constituting grounds therefor and shall fix a time
        and place at which a hearing, conducted pursuant to sections
        554, 556, and 557 of title 5, will be held thereon.
        (C) Hearing
          (i) Timing
            A hearing under subparagraph (B) shall be held not earlier
          than 30 days and later than 60 days after the date of service
          of notice of the hearing, unless an earlier or a later date
          is set by the Administrator at the request of - 
              (I) the management official, and for good cause shown; or
              (II) the Attorney General.
          (ii) Consent
            Unless the management official appears at a hearing under
          this paragraph in person or by a duly authorized
          representative, the management official shall be deemed to
          have consented to the issuance of an order of removal under
          subparagraph (A).
        (D) Order of removal
          (i) In general
            In the event of consent under subparagraph (C)(ii), or if
          upon the record made at a hearing under this subsection, the
          Administrator finds that any of the grounds specified in the
          notice of removal has been established, the Administrator may
          issue such orders of removal from office as the Administrator
          deems appropriate.
          (ii) Effectiveness
            An order under clause (i) shall - 
              (I) take effect 30 days after the date of service upon
            the subject small business lending company or non-Federally
            regulated lender and the management official concerned
            (except in the case of an order issued upon consent as
            described in subparagraph (C)(ii), which shall become
            effective at the time specified in such order); and
              (II) remain effective and enforceable, except to such
            extent as it is stayed, modified, terminated, or set aside
            by action of the Administrator or a reviewing court in
            accordance with this section.
      (3) Authority to suspend or prohibit participation
        (A) In general
          In order to protect a small business lending company, a non-
        Federally regulated lender or the interests of the
        Administration or the United States, the Administrator may
        suspend from office or prohibit from further participation in
        any manner in the management or conduct of the affairs of a
        small business lending company or a non-Federally regulated
        lender a management official by written notice to such effect
        served upon the management official. Such suspension or
        prohibition may prohibit the management official from making,
        servicing, reviewing, approving, or liquidating any loan under
        section 636(a) of this title.
        (B) Effectiveness
          A suspension or prohibition under subparagraph (A) - 
            (i) shall take effect upon service of notice under
          paragraph (2); and
            (ii) unless stayed by a court in proceedings authorized by
          subparagraph (C), shall remain in effect - 
              (I) pending the completion of the administrative
            proceedings pursuant to a notice of intention to remove
            served under paragraph (2); and
              (II) until such time as the Administrator dismisses the
            charges specified in the notice, or, if an order of removal
            or prohibition is issued against the management official,
            until the effective date of any such order.
        (C) Judicial review of suspension prior to hearing
          Not later than 10 days after a management official is
        suspended or prohibited from participation under subparagraph
        (A), the management official may apply to an appropriate
        district court for a stay of the suspension or prohibition
        pending the completion of the administrative proceedings
        pursuant to a notice of intent to remove served upon the
        management official under paragraph (2).
      (4) Authority to suspend on criminal charges
        (A) In general
          If a management official is charged in any information,
        indictment, or complaint authorized by a United States
        attorney, with a felony involving dishonesty or breach of
        trust, the Administrator may, by written notice served upon the
        management official, suspend the management official from
        office or prohibit the management official from further
        participation in any manner in the management or conduct of the
        affairs of the small business lending company or non-Federally
        regulated lender.
        (B) Effectiveness
          A suspension or prohibition under subparagraph (A) shall
        remain in effect until the information, indictment, or
        complaint is finally disposed of, or until terminated by the
        Administrator or upon an order of a district court.
        (C) Authority upon conviction
          If a judgment of conviction with respect to an offense
        described in subparagraph (A) is entered against a management
        official, then at such time as the judgment is not subject to
        further judicial review (and for purposes of this subparagraph
        shall not include any petition for a writ of habeas corpus),
        the Administrator may issue and serve upon the management
        official an order removing the management official, effective
        upon service of a copy of the order upon the small business
        lending company or non-Federally regulated lender.
        (D) Authority upon dismissal or other disposition
          A finding of not guilty or other disposition of charges
        described in subparagraph (A) shall not preclude the
        Administrator from instituting proceedings under subsection (e)
        or (f) of this section.
      (5) Notification to small business lending company or a non-
        Federally regulated lender
        Copies of each notice required to be served on a management
      official under this section shall also be served upon the small
      business lending company or non-Federally regulated lender
      involved.
      (6) Final agency action and judicial review
        (A) Issuance of orders
          After a hearing under this subsection, and not later than 30
        days after the Administrator notifies the parties that the case
        has been submitted for final decision, the Administrator shall
        render a decision in the matter (which shall include findings
        of fact upon which its decision is predicated), and shall issue
        and cause to be served upon each party to the proceeding an
        order or orders consistent with this section. The decision of
        the Administrator shall constitute final agency action for
        purposes of chapter 7 of title 5.
        (B) Judicial review
          An adversely aggrieved party shall have 20 days from the date
        of issuance of the order to seek judicial review in an
        appropriate district court.
    (h) Appointment of receiver
      (1) In any proceeding under subsection (f)(4) of this section or
    subsection (g)(6)(C) of this section, the court may take exclusive
    jurisdiction of a small business lending company or a non-Federally
    regulated lender and appoint a receiver to hold and administer the
    assets of the company or lender.
      (2) Upon request of the Administrator, the court may appoint the
    Administrator as a receiver under paragraph (1).
    (i) Possession of assets
      (1) If a small business lending company or a non-Federally
    regulated lender is not in compliance with capital requirements or
    is insolvent, the Administrator may take possession of the
    portfolio of loans guaranteed by the Administrator and sell such
    loans to a third party by means of a receiver appointed under
    subsection (h) of this section.
      (2) If a small business lending company or a non-Federally
    regulated lender is not in compliance with capital requirements or
    is insolvent or otherwise operating in an unsafe and unsound
    condition, the Administrator may take possession of servicing
    activities of loans that are guaranteed by the Administrator and
    sell such servicing rights to a third party by means of a receiver
    appointed under subsection (h) of this section.
    (j) Penalties and forfeitures
      (1) Except as provided in paragraph (2), a small business lending
    company or a non-Federally regulated lender which violates any
    regulation or written directive issued by the Administrator
    regarding the filing of any regular or special report shall pay to
    the United States a civil penalty of not more than $5,000 for each
    day of the continuance of the failure to file such report, unless
    it is shown that such failure is due to reasonable cause and not
    due to willful neglect. The civil penalties under this subsection
    may be enforced in a civil action brought by the Administrator. The
    penalties under this subsection shall not apply to any affiliate of
    a small business lending company that procures at least 10 percent
    of its annual purchasing requirements from small manufacturers.
      (2) The Administrator may by rules and regulations that shall be
    codified in the Code of Federal Regulations, after an opportunity
    for notice and comment, or upon application of an interested party,
    at any time previous to such failure, by order, after notice and
    opportunity for hearing which shall be conducted pursuant to
    sections 554, 556, and 557 of title 5, exempt in whole or in part,
    any small business lending company or non-Federally regulated
    lender from paragraph (1), upon such terms and conditions and for
    such period of time as it deems necessary and appropriate, if the
    Administrator finds that such action is not inconsistent with the
    public interest or the protection of the Administration. The
    Administrator may for the purposes of this section make any
    alternative requirements appropriate to the situation.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[23], as added Pub. L. 98-473, title I, Sec.
    111A(a), Oct. 12, 1984, 98 Stat. 1965; Pub. L. 108-447, div. K,
    title I, Sec. 161, Dec. 8, 2004, 118 Stat. 3458.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 650, acts July 30, 1953, ch. 282, title II, Sec.
    221, 67 Stat. 240; June 30, 1955, ch. 251, Sec. 4, 69 Stat. 225;
    Aug. 9, 1955, ch. 628, Sec. 13, 69 Stat. 551; Pub. L. 85-120, Sec.
    2, Aug. 3, 1957, 71 Stat. 341, provided for a termination date of
    the Small Business Act of 1953, and was omitted from the general
    revision by Pub. L. 85-536. See Codification note set out under
    section 631 of this title.

                                AMENDMENTS                            
      2004 - Pub. L. 108-447 amended section catchline and text
    generally. Prior to amendment, text related to disaster loan
    assistance to small business concerns in the fishing industry due
    to El Nino-related ocean conditions.

-End-



-CITE-
    15 USC Sec. 651                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 651. National small business tree planting program

-STATUTE-
    (a) Authorization of grants and contracts with States
      The Administrator is authorized to make grants to or to enter
    into contracts with any State for the purpose of contracting with
    small businesses to plant trees on land owned or controlled by such
    State or local government. The Administrator shall require as a
    condition of any grant (or amendment or modification thereof) under
    this section that the applicant also contribute to the project a
    sum equal to at least 25 per centum of a particular project cost
    from sources other than the Federal Government. Such non-Federal
    money may include inkind contributions, including the cost or value
    of providing care and maintenance for a period of three years after
    the planting of the trees, but shall not include any value
    attributable to the land on which the trees are to be planted, nor
    may any part of any grant be used to pay for land or land charges:
    Provided, That not less than one-half of the amounts appropriated
    under this section shall be allocated to each State, the District
    of Columbia, and the Commonwealth of Puerto Rico on the basis of
    the population in each area as compared to the total population in
    all areas as provided by the Census Bureau of the Department of
    Commerce in the annual population estimate or the decennial census,
    whichever is most current. The Administrator may give a priority in
    awarding the remaining one-half of appropriated amounts to
    applicants who agree to contribute more than the requisite 25 per
    centum, and shall give priority to a proposal to restore an area
    determined to be a major disaster by the President on a date not
    more than three years prior to the fiscal year for which the
    application is made.
    (b) Establishment by Administrator
      In order to accomplish the objectives of this section, the
    Administrator, in consultation with appropriate Federal agencies,
    shall be responsible for formulating a national small business tree
    planting program. Based on this program, a State may submit a
    detailed proposal for tree planting by contract.
    (c) Utilization of small business concerns in implementing program
      To encourage and develop the capacity of small business concerns,
    to utilize this important segment of our economy, and to permit
    rapid increases in employment opportunities in local communities,
    grantees are directed to utilize small business contractors or
    concerns in connection with the program established by this
    section, and shall, to the extent practicable, divide the project
    to allow more than one small business concern to perform the work
    under the project.
    (d) Cooperation of Federal agencies; technical services
      For purposes of this section, agencies of the Federal Government
    are hereby authorized to cooperate with all grantees and with State
    foresters or other appropriate officials by providing without
    charge, in furtherance of this program, technical services with
    respect to the planting and growing of such trees.
    (e) Authorization of appropriations
      There are authorized to be appropriated to carry out the
    objectives of this section, $15,000,000 for fiscal year 1991 and
    $30,000,000 for each of the fiscal years 1995 through 1997, and all
    of such sums may remain available until expended.
    (f) Rules and regulations
      Notwithstanding any other law, rule, or regulation, the
    administration shall publish in the Federal Register proposed rules
    and regulations implementing this section within sixty days after
    November 5, 1990, and shall publish final rules and regulations
    within one hundred and twenty days of November 5, 1990.
    (g) Definitions
      As used in this section:
        (1) the term "local government" includes political subdivisions
      of a State such as counties, parishes, cities, towns and
      municipalities;
        (2) the term "planting" includes watering, application of
      fertilizer and herbicides, pruning and shaping, and other
      subsequent care and maintenance for a period of three years after
      the trees are planted; and
        (3) the term "State" includes any agency thereof.
    (h) Annual report to President and Congress
      The Administrator shall submit annually to the President and the
    Congress a report on activities within the scope of this section.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[24], as added Pub. L. 101-515, title V,
    Sec. 4, Nov. 5, 1990, 104 Stat. 2140; amended Pub. L. 103-211,
    title I, Sec. 201, Feb. 12, 1994, 108 Stat. 5; Pub. L. 103-317,
    title IV, Aug. 26, 1994, 108 Stat. 1755.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 651, act July 30, 1953, ch. 282, Sec. 225, as
    added Aug. 9, 1955, ch. 628, Sec. 14, 69 Stat. 551, prohibited
    duplication of activities, and was omitted as superseded by section
    647 of this title. See Codification note set out under section 631
    of this title.

                                AMENDMENTS                            
      1994 - Subsec. (a). Pub. L. 103-211 inserted at end ", and shall
    give priority to a proposal to restore an area determined to be a
    major disaster by the President on a date not more than three years
    prior to the fiscal year for which the application is made".
      Subsec. (e). Pub. L. 103-317 substituted "fiscal years 1995
    through 1997" for "fiscal years 1992 through 1994".

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (h) of this section relating to submitting annual report to
    Congress, see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance, and
    page 191 of House Document No. 103-7.

-End-



-CITE-
    15 USC Sec. 652                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 652. Central European Enterprise Development Commission

-STATUTE-
    (a) Establishment
      There is hereby established a Central European Small Business
    Enterprise Development Commission (hereinafter in this section
    referred to as the "Commission"). The Commission shall be comprised
    of a representative of each of the following: the Small Business
    Administration, the Association of American Universities, and the
    Association of Small Business Development Centers.
    (b) Management and technical assistance to designated Central
      European countries
      The Commission shall develop in Czechoslovakia, Poland and
    Hungary (hereinafter referred to as "designated Central European
    countries") a self-sustaining system to provide management and
    technical assistance to small business owners.
        (1) Not later than 90 days after November 5, 1990, the
      Commission, in consultation with the Agency for International
      Development, shall enter (!1) a contract with one or more
      entities to - 

          (A) determine the needs of small businesses in the designated
        Central European countries for management and technical
        assistance;
          (B) evaluate appropriate Small Business Development Center-
        programs which might be replicated in order to meet the needs
        of each of such countries; and
          (C) identify and assess the capability of educational
        institutions in each such country to develop a Small Business
        Development Center type program.

        (2) Not later than 18 months after November 5, 1990, the
      Commission shall review the recommendations submitted to it and
      shall formulate and contract for the establishment of a three-
      year management and technical assistance demonstration program.
    (c) Eligibility
      In order to be eligible to participate, the educational
    institution in each designated Central European country shall - 
        (1) obtain the prior approval of the government to conduct the
      program;
        (2) agree to provide partial financial support for the program,
      either directly or indirectly, during the second and third years
      of the demonstration program; and
        (3) agree to obtain private sector involvement in the delivery
      of assistance under the program.
    (d) Initial meeting and organization
      The Commission shall meet and organize not later than 30 days
    after November 5, 1990.
    (e) Reimbursement for necessary expenses
      Members of the Commission shall serve without pay, except they
    shall be entitled to reimbursement for travel, subsistence, and
    other necessary expenses incurred by them in carrying out their
    functions in the same manner as persons employed intermittently in
    the Federal Government are allowed expenses under section 5703 of
    title 5.
    (f) Meetings; quorum
      Two Commissioners shall constitute a quorum for the transaction
    of business. Meetings shall be at the call of the Chairperson who
    shall be elected by the Members of the Commission.
    (g) Authority; personnel
      The Commission shall not have any authority to appoint staff, but
    upon request of the Chairperson, the head of any Federal department
    or agency may detail, on a reimbursable basis, any of the personnel
    of such department or agency to the Commission to assist in
    carrying out the Commission's functions under this section without
    regard to section 3341 of title 5. The Administrator of the General
    Services Administration shall provide, on a reimbursable basis,
    such administrative support services as the Commission may request.
    (h) Initial and annual reports to Congress
      The Commission shall report to Congress not later than December
    1, 1991, and annually thereafter, on the progress in carrying out
    the provisions of this section.
    (i) Authorization of appropriations
      There are hereby authorized to be appropriated to the Small
    Business Administration the sum of $3,000,000 for fiscal year 1991,
    $5,000,000 for fiscal year 1992, $2,000,000 for each of fiscal
    years 1993 and 1994, and $1,000,000 for fiscal year 1995 to carry
    out the provisions of this section. Such sums shall be disbursed by
    the Small Business Administration as requested by the Commission
    and may remain available until expended. Any authority to enter
    contracts or other spending authority provided for in this section
    is subject to amounts provided for in advance in appropriations
    Acts.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[25], as added Pub. L. 101-515, title V,
    Sec. 7, Nov. 5, 1990, 104 Stat. 2142; amended Pub. L. 103-81, Sec.
    9(b), Aug. 13, 1993, 107 Stat. 783; Pub. L. 103-403, title IV, Sec.
    405, Oct. 22, 1994, 108 Stat. 4192.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-403 substituted ", $2,000,000 for each of
    fiscal years 1993 and 1994, and $1,000,000 for fiscal year 1995"
    for "and $2,000,000 for each of fiscal years 1993 and 1994".
      1993 - Subsec. (i). Pub. L. 103-81 substituted "$2,000,000 for
    each of fiscal years 1993 and 1994" for "$8,000,000 for fiscal year
    1993".

-FOOTNOTE-
    (!1) So in original. Probably should be "enter into".


-End-



-CITE-
    15 USC Sec. 653                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 653. Office of Rural Affairs

-STATUTE-
    (a) Establishment
      There is hereby established in the Small Business Administration
    an Office of Rural Affairs (hereafter in this section referred to
    as the "Office").
    (b) Appointment of director
      The Office shall be headed by a director who shall be appointed
    by the Administrator not later than 90 days after November 15,
    1990.
    (c) Functions
      The Office shall - 
        (1) strive to achieve an equitable distribution of the
      financial assistance available from the Administration for small
      business concerns located in rural areas;
        (2) to the extent practicable, compile annual statistics on
      rural areas, including statistics concerning the population,
      poverty, job creation and retention, unemployment, business
      failures, and business startups;
        (3) provide information to industries, organizations, and State
      and local governments concerning the assistance available to
      rural small business concerns through the Administration and
      through other Federal departments and agencies;
        (4) provide information to industries, organizations,
      educational institutions, and State and local governments
      concerning programs administered by private organizations,
      educational institutions, and Federal, State, and local
      governments which improve the economic opportunities of rural
      citizens; and
        (5) work with the United States Tourism and Travel
      Administration to assist small businesses in rural areas with
      tourism promotion and development.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[26], as added Pub. L. 101-574, title III,
    Sec. 302, Nov. 15, 1990, 104 Stat. 2827.)


-MISC1-
        CATALOG OF PROGRAMS TO ASSIST RURAL SMALL BUSINESS CONCERNS    
      Section 304 of Pub. L. 101-574 provided that:
      "(a) Compilation. - Not later than 180 days after the date of the
    enactment of this title [Nov. 15, 1990], the Small Business
    Administration shall compile a catalog of programs administered by
    Federal and State departments and agencies which offer assistance
    to small business concerns in rural areas. Such catalog shall
    include a description of each such program and the name, address,
    and telephone number of the respective Federal and State officials
    responsible for administering the program.
      "(b) Distribution. - Copies of the catalog compiled pursuant to
    subsection (a) shall be transmitted to the Congress and copies
    shall be made available to small business concerns in rural areas,
    appropriate trade associations, Federal and State agencies for the
    assistance of small business concerns, State and local chambers of
    commerce, other appropriate nonprofit organizations, and the
    general public.
      "(c) Biannual Update. - The Small Business Administration shall
    issue updates of the catalog compiled pursuant to subsection (a) by
    February 1, 1993, and February 1, 1995."

                     RURAL SMALL BUSINESS CONFERENCES                 
      Section 306 of Pub. L. 101-574 provided that:
      "(a) In General. - The Chief Counsel for Advocacy of the Small
    Business Administration shall, as soon as practicable after the
    catalog (described in section 305 [probably means section 304, set
    out above] and hereinafter referred to as the 'catalog') is issued,
    but not later than 90 days after the date such catalog is issued,
    convene regional rural conferences in 5 cities or towns in the
    United States.
      "(b) Preparations. - Prior to the conferences, the Office of
    Advocacy shall - 
        "(1) select the sites for the conferences in order to encourage
      the maximum participation of all interested parties including
      private citizens and representatives of business, government,
      educational and nonprofit institutions; and
        "(2) distribute the catalog of programs and such other
      background materials prepared by the Office of Advocacy as the
      Chief Counsel deems appropriate.
      "(c) Purposes of the Conferences. - The conference shall - 
        "(1) review the effectiveness of current Federal programs to
      promote rural small business and its needs, with particular
      reference to the catalog of such programs;
        "(2) review how current Federal programs could be made more
      accessible to small businesses located in rural areas;
        "(3) make recommendations on how current programs can be
      approved to better address small business needs in rural areas;
        "(4) review the availability and cost of capital,
      transportation, and telecommunications in rural areas;
        "(5) review the availability of technical assistance and
      training programs for small business needs in rural areas,
      including marketing, computer training, accounting, financing,
      and international trade; and
        "(6) determine any additional needs of small businesses in
      rural areas.
      "(d) Report. - The Chief Counsel for Advocacy shall prepare a
    summary of the findings and recommendations of each regional
    conference. Not later than 60 days after the last of the 5 regional
    conferences have been held, the Chief Counsel for Advocacy shall
    transmit such summaries to the Congress and the President, along
    with conclusions and recommendations, including specific
    legislative proposals and recommendations for administrative or
    other actions. The transmittal of the required information shall be
    deemed a report of the Chief Counsel for Advocacy under the terms
    and conditions of section 206 of Public Law 94-305 [15 U.S.C.
    634f]. To the extent practicable, the report shall estimate the
    cost of implementing each recommendation of a regional conference
    as well as those of the Chief Counsel."

                      RURAL TOURISM TRAINING PROGRAM                  
      Section 311 of Pub. L. 101-574 provided that: "The Chief Counsel
    for Advocacy of the Small Business Administration shall conduct
    training sessions on the types of Federal assistance available for
    the development of rural small businesses engaged in tourism and
    tourism-related activities. Such training sessions shall be
    conducted in conjunction with the Office of Rural Affairs
    (established pursuant to section 26 of the Small Business Act [15
    U.S.C. 653]) and appropriate personnel designated by each district
    office of the Administration."

-End-



-CITE-
    15 USC Sec. 654                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 654. Paul D. Coverdell drug-free workplace program

-STATUTE-
    (a) Definitions
      In this section:
      (1) Drug-free workplace program
        The term "drug-free workplace program" means a program that
      includes - 
          (A) a written policy, including a clear statement of
        expectations for workplace behavior, prohibitions against
        reporting to work or working under the influence of illegal
        drugs or alcohol, prohibitions against the use or possession of
        illegal drugs in the workplace, and the consequences of
        violating those expectations and prohibitions;
          (B) drug and alcohol abuse prevention training for a total of
        not less than 2 hours for each employee, and additional
        voluntary drug and alcohol abuse prevention training for
        employees who are parents;
          (C) employee illegal drug testing, with analysis conducted by
        a drug testing laboratory certified by the Substance Abuse and
        Mental Health Services Administration, or approved by the
        College of American Pathologists for forensic drug testing, and
        a review of each positive test result by a medical review
        officer;
          (D) employee access to an employee assistance program,
        including confidential assessment, referral, and short-term
        problem resolution; and
          (E) continuing alcohol and drug abuse prevention education.
      (2) Eligible intermediary
        The term "eligible intermediary" means an organization - 
          (A) that has not less than 2 years of experience in carrying
        out drug-free workplace programs;
          (B) that has a drug-free workplace policy in effect;
          (C) that is located in a State, the District of Columbia, or
        a territory of the United States; and
          (D)(i) the purpose of which is - 
            (I) to develop comprehensive drug-free workplace programs
          or to supply drug-free workplace services; or
            (II) to provide other forms of assistance and services to
          small business concerns; or

          (ii) that is eligible to receive a grant under chapter 2 of
        the National Narcotics Leadership Act of 1988 (21 U.S.C. 1521
        et seq.).
      (3) Employee
        The term "employee" includes any - 
          (A) applicant for employment;
          (B) employee;
          (C) supervisor;
          (D) manager;
          (E) officer of a small business concern who is active in
        management of the concern; and
          (F) owner of a small business concern who is active in
        management of the concern.
      (4) Medical review officer
        The term "medical review officer" - 
          (A) means a licensed physician with knowledge of substance
        abuse disorders; and
          (B) does not include any - 
            (i) employee of the small business concern; or
            (ii) employee or agent of, or any person having a financial
          interest in, the laboratory for which the illegal drug test
          results are being reviewed.
    (b) Establishment
      (1) In general
        There is established a drug-free workplace demonstration
      program, under which the Administrator may make grants to, or
      enter into cooperative agreements or contracts with, eligible
      intermediaries for the purpose of providing financial and
      technical assistance to small business concerns seeking to
      establish a drug-free workplace program.
      (2) Additional grants for technical assistance
        In addition to grants under paragraph (1), the Administrator
      may make grants to, or enter into cooperative agreements or
      contracts with, any grantee for the purpose of providing, in
      cooperation with one or more small business development centers,
      technical assistance to small business concerns seeking to
      establish a drug-free workplace program.
      (3) 2-year grants
        Each grant made under this subsection shall be for a period of
      2 years, subject to an annual performance review by the
      Administrator.
    (c) Promotion of effective practices of eligible intermediaries
      (1) Technical assistance and information
        The Administrator, after consultation with the Director of the
      Center for Substance Abuse and Prevention, shall provide
      technical assistance and information to each eligible
      intermediary under subsection (b) of this section regarding the
      most effective practices in establishing and carrying out drug-
      free workplace programs.
      (2) Evaluation of program
        (A) Data collection and analysis
          Each eligible intermediary receiving a grant under this
        section shall establish a system to collect and analyze
        information regarding the effectiveness of drug-free workplace
        programs established with assistance provided under this
        section through the intermediary, including information
        regarding any increase or decrease among employees in drug use,
        awareness of the adverse consequences of drug use, and
        absenteeism, injury, and disciplinary problems related to drug
        use. Such system shall conform to such requirements as the
        Administrator, after consultation with the Director of the
        Center for Substance Abuse and Prevention, may prescribe. Not
        more than 5 percent of the amount of each grant made under
        subsection (b) of this section shall be used by the eligible
        intermediary to carry out this paragraph.
        (B) Method of evaluation
          The Administrator, after consultation with the Director of
        the Center for Substance Abuse and Prevention, shall provide
        technical assistance and guidance to each eligible intermediary
        receiving a grant under subsection (b) of this section
        regarding the collection and analysis of information to
        evaluate the effectiveness of drug-free workplace programs
        established with assistance provided under this section,
        including the information referred to in paragraph (1). Such
        assistance shall include the identification of additional
        information suitable for measuring the benefits of drug-free
        workplace programs to the small business concern and to the
        concern's employees and the identification of methods suitable
        for analyzing such information.
    (d) Evaluation and coordination
      Not later than 18 months after October 21, 1998, the
    Administrator, in coordination with the Secretary of Labor, the
    Secretary of Health and Human Services, and the Director of
    National Drug Control Policy, shall - 
        (1) evaluate the drug-free workplace programs established with
      assistance made available under this section; and
        (2) submit to Congress a report describing the results of the
      evaluation under paragraph (1).
    (e) Contract authority
      In carrying out this section, the Administrator may - 
        (1) contract with public and private entities to provide
      assistance related to carrying out the program under this
      section; and
        (2) compensate those entities for provision of that assistance.
    (f) Construction
      Nothing in this section may be construed to require an employer
    who attends a program offered by an intermediary to contract for
    any service offered by the intermediary.
    (g) Authorization
      (1) In general
        There is authorized to be appropriated to carry out this
      section (other than subsection (b)(2)), $5,000,000 for each of
      fiscal years 2005 and 2006. Amounts made available under this
      paragraph shall remain available until expended.
      (2) Small business development centers
        Of the total amount made available under paragraph (1) for each
      of fiscal years 2005 and 2006, not more than the greater of 10
      percent or $500,000 may be used to carry out section 648(c)(3)(T)
      of this title.
      (3) Additional authorization for technical assistance grants
        There are authorized to be appropriated to carry out subsection
      (b)(2) of this section, $1,500,000 for each of fiscal years 2005
      and 2006. Amounts made available under this paragraph shall
      remain available until expended.
      (4) Limitation on administrative costs
        Not more than 5 percent of the total amount made available
      under this subsection for any fiscal year shall be used for
      administrative costs (determined without regard to the
      administrative costs of eligible intermediaries).

-SOURCE-
    (Pub. L. 85-536, Sec. 2[27], as added Pub. L. 101-574, title III,
    Sec. 310, Nov. 15, 1990, 104 Stat. 2831; amended Pub. L. 105-277,
    div. C, title IX, Sec. 904, Oct. 21, 1998, 112 Stat. 2681-708; Pub.
    L. 106-554, Sec. 1(a)(9) [title V, Sec. 503(a)], Dec. 21, 2000, 114
    Stat. 2763, 2763A-695; Pub. L. 108-447, div. K, title I, Secs. 123-
    126, Dec. 8, 2004, 118 Stat. 3449-3451.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National Narcotics Leadership Act of 1988, referred to in
    subsec. (a)(2)(D)(ii), is subtitle A of title I of Pub. L. 100-690,
    Nov. 18, 1988, 102 Stat. 4181, as amended. Chapter 2 of the Act is
    classified generally to subchapter II (Sec. 1521 et seq.) of
    chapter 20 of Title 21, Food and Drugs. For complete classification
    of this Act to the Code, see Short Title note set out under former
    section 1501 of Title 21 and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2)(D). Pub. L. 108-447, Sec. 125, amended
    subpar. (D) generally. Prior to amendment, subpar. (D) read as
    follows: "the purpose of which is - 
        "(i) to develop comprehensive drug-free workplace programs or
      to supply drug-free workplace services; or
        "(ii) to provide other forms of assistance and services to
      small business concerns."
      Subsec. (b). Pub. L. 108-447, Sec. 124, designated existing
    provisions as par. (1), inserted heading, and added pars. (2) and
    (3).
      Subsec. (c). Pub. L. 108-447, Sec. 126, amended heading and text
    of subsec. (c) generally. Prior to amendment, text read as follows:
    "Each drug-free workplace program established with assistance made
    available under this section shall - 
        "(1) include, as reasonably necessary and appropriate,
      practices and procedures to ensure the confidentiality of illegal
      drug test results and of any participation by an employee in a
      rehabilitation program;
        "(2) prohibit the mandatory disclosure of medical information
      by an employee prior to a confirmed positive illegal drug test;
      and
        "(3) require that a medical review officer reviewing illegal
      drug test results shall report only the final results, limited to
      those drugs for which the employee tests positive, in writing and
      in a manner designed to ensure the confidentiality of the
      results."
      Subsec. (g)(1). Pub. L. 108-447, Sec. 123(a), substituted "(other
    than subsection (b)(2)), $5,000,000 for each of fiscal years 2005
    and 2006. Amounts made available under this paragraph" for ",
    $5,000,000 for each of fiscal years 2001 through 2003. Amounts made
    available under this subsection".
      Subsec. (g)(2). Pub. L. 108-447, Sec. 123(b), substituted
    "paragraph (1) for each of fiscal years 2005 and 2006, not more
    than the greater of 10 percent or $500,000" for "this subsection,
    not more than the greater of 10 percent or $1,000,000".
      Subsec. (g)(3), (4). Pub. L. 108-447, Sec. 123(c), (d), added
    pars. (3) and (4).
      2000 - Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec. 503(a)(1)],
    substituted "Paul D. Coverdell drug-free workplace program" for
    "Drug-free workplace demonstration program" in section catchline.
      Subsec. (g)(1). Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec.
    503(a)(2)], substituted "$5,000,000 for each of fiscal years 2001
    through 2003" for "$10,000,000 for fiscal years 1999 and 2000".
      1998 - Pub. L. 105-277 amended section catchline and text
    generally. Prior to amendment, text consisted of subsecs. (a) to
    (c) authorizing Administration to make grants to conduct tourism
    demonstration programs, establishing purpose of program, placing a
    condition on grant recipients, authorizing appropriations, and
    requiring report to President and Congress.

                  FINDINGS AND PURPOSES OF 1998 AMENDMENT              
      Pub. L. 105-277, div. C, title IX, Sec. 902, Oct. 21, 1998, 112
    Stat. 2681-707, provided that:
      "(a) Findings. - Congress finds that - 
        "(1) 74 percent of adults who use illegal drugs are employed;
        "(2) small business concerns employ over 50 percent of the
      Nation's workforce;
        "(3) in more than 88 percent of families with children under
      the age of 18, at least 1 parent is employed; and
        "(4) employees who use and abuse addictive illegal drugs and
      alcohol increase costs for businesses and risk the health and
      safety of all employees because - 
          "(A) absenteeism is 66 percent higher among drug users than
        individuals who do not use drugs;
          "(B) health benefit utilization is 300 percent higher among
        drug users than individuals who do not use drugs;
          "(C) 47 percent of workplace accidents are drug-related;
          "(D) disciplinary actions are 90 percent higher among drug
        users than among individuals who do not use drugs; and
          "(E) employee turnover is significantly higher among drug
        users than among individuals who do not use drugs.
      "(b) Purposes. - The purposes of this title [see Short Title of
    1998 Amendment note set out under section 631 of this title] are to
    - 
        "(1) educate small business concerns about the advantages of a
      drug-free workplace;
        "(2) provide grants and technical assistance in addition to
      financial incentives to enable small business concerns to create
      a drug-free workplace;
        "(3) assist working parents in keeping their children drug-
      free; and
        "(4) encourage small business employers and employees alike to
      participate in drug-free workplace programs."

                   SENSE OF CONGRESS FOR 1998 AMENDMENT               
      Pub. L. 105-277, div. C, title IX, Sec. 903, Oct. 21, 1998, 112
    Stat. 2681-708, provided that: "It is the sense of Congress that - 
        "(1) businesses should adopt drug-free workplace programs;
        "(2) States should consider incentives to encourage businesses
      to adopt drug-free workplace programs; and
        "(3) such incentives may include - 
          "(A) financial incentives, including - 
            "(i) a reduction in workers' compensation premiums;
            "(ii) a reduction in unemployment insurance premiums; and
            "(iii) tax deductions in an amount equal to the amount of
          expenditures for employee assistance programs, treatment, or
          illegal drug testing; and
          "(B) other incentives, such as the adoption of liability
        limitations, as recommended by the President's Commission on
        Model State Drug Laws."

-End-



-CITE-
    15 USC Sec. 655                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 655. Pilot Technology Access Program

-STATUTE-
    (a) Establishment
      The Administration, in consultation with the National Institute
    of Standards and Technology and the National Technical Information
    Service, shall establish a Pilot Technology Access Program, for
    making awards under this section to Small Business Development
    Centers (hereinafter in this section referred to as "Centers").
    (b) Criteria for selection of Centers
      The Administrator of the Small Business Administration shall
    establish competitive, merit-based criteria for the selection of
    Centers to receive awards on the basis of - 
        (1) the ability of the applicant to carry out the purposes
      described in subsection (d) of this section in a manner relevant
      to the needs of industries in the area served by the Center;
        (2) the ability of the applicant to integrate the
      implementation of this program with existing Federal and State
      technical and business assistance resources; and
        (3) the ability of the applicant to continue providing
      technology access after the termination of this pilot program.
    (c) Matching requirement
      To be eligible to receive an award under this section, an
    applicant shall provide a matching contribution at least equal to
    that received under such award, not more than 50 percent of which
    may be waived overhead or in-kind contributions.
    (d) Purpose of awards
      Awards made under this section shall be for the purpose of
    increasing access by small businesses to on-line data base services
    that provide technical and business information, and access to
    technical experts, in a wide range of technologies, through such
    activities as - 
        (1) defraying the cost of access by small businesses to the
      data base services;
        (2) training small businesses in the use of the data base
      services; and
        (3) establishing a public point of access to the data base
      services.

    Activities described in paragraphs (1) through (3) may be carried
    out through contract with a private entity.
    (e) Renewal of awards
      Awards previously made under section 648a (!1) of this title may
    be renewed under this section.

    (f) Interim report
      Two years after the date on which the first award was issued
    under section 648a (!1) of this title, the General Accounting
    Office shall submit to the Committee on Small Business and the
    Committee on Science, Space, and Technology of the House of
    Representatives and to the Committee on Small Business and the
    Committee on Commerce, Science, and Transportation of the Senate,
    an interim report on the implementation of the program under such
    section and this section, including the judgments of the
    participating Centers as to its effect on small business
    productivity and innovation.
    (g) Final report
      Three years after such date, the General Accounting Office shall
    submit to the Committee on Small Business and the Committee on
    Science, Space, and Technology of the House of Representatives and
    to the Committee on Small Business and the Committee on Commerce,
    Science and Transportation of the Senate, a final report evaluating
    the effectiveness of the Program under section 648a (!1) of this
    title and this section in improving small business productivity and
    innovation.
    (h) Authorization of appropriations
      There are authorized to be appropriated to the Small Business
    Administration $5 million for each of fiscal years 1992 through
    1995 to carry out this section, and such amounts may remain
    available until expended.
    (i) Funding from other sources; employment of Centers by Federal
      agencies
      Centers are encouraged to seek funding from Federal and non-
    Federal sources other than those provided for in this section to
    assist small businesses in the identification of appropriate
    technologies to fill their needs, the transfer of technologies from
    Federal laboratories, public and private universities, and other
    public and private institutions, the analysis of commercial
    opportunities represented by such technologies, and such other
    functions as the development, business planning, market research,
    and financial packaging required for commercialization. Insofar as
    such Centers pursue these activities, Federal agencies are
    encouraged to employ these Centers to interface with small
    businesses for such purposes as facilitating small business
    participation in Federal procurement and fostering
    commercialization of Federally-funded research and development.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[28], as added Pub. L. 102-140, title VI,
    Sec. 609(d), Oct. 28, 1991, 105 Stat. 825.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 648a of this title, referred to in subsecs. (e) to (g),
    was repealed by Pub. L. 102-140, title VI, Sec. 609(e), Oct. 28,
    1991, 105 Stat. 826, effective Oct. 1, 1992.

-CHANGE-
                              CHANGE OF NAME                          
      General Accounting Office redesignated Government Accountability
    Office by section 8 of Pub. L. 108-271, set out as a note under
    section 702 of Title 31, Money and Finance.
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.
      Committee on Science, Space, and Technology of House of
    Representatives treated as referring to Committee on Science of
    House of Representatives by section 1(a) of Pub. L. 104-14, set out
    as a note preceding section 21 of Title 2, The Congress.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 656                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 656. Women's business center program

-STATUTE-
    (a) Definitions
      In this section - 
        (1) the term "Assistant Administrator" means the Assistant
      Administrator of the Office of Women's Business Ownership
      established under subsection (g) of this section;
        (2) the term "private nonprofit organization" means an entity
      that is described in section 501(c) of title 26 and exempt from
      taxation under section 501(a) of such title;
        (3) the term "small business concern owned and controlled by
      women", either startup or existing, includes any small business
      concern - 
          (A) that is not less than 51 percent owned by 1 or more
        women; and
          (B) the management and daily business operations of which are
        controlled by 1 or more women; and

        (4) the term "women's business center site" means the location
      of - 
          (A) a women's business center; or
          (B) 1 or more women's business centers, established in
        conjunction with another women's business center in another
        location within a State or region - 
            (i) that reach a distinct population that would otherwise
          not be served;
            (ii) whose services are targeted to women; and
            (iii) whose scope, function, and activities are similar to
          those of the primary women's business center or centers in
          conjunction with which it was established.
    (b) Authority
      The Administration may provide financial assistance to private
    nonprofit organizations to conduct 5-year projects for the benefit
    of small business concerns owned and controlled by women. The
    projects shall provide - 
        (1) financial assistance, including training and counseling in
      how to apply for and secure business credit and investment
      capital, preparing and presenting financial statements, and
      managing cash flow and other financial operations of a business
      concern;
        (2) management assistance, including training and counseling in
      how to plan, organize, staff, direct, and control each major
      activity and function of a small business concern; and
        (3) marketing assistance, including training and counseling in
      identifying and segmenting domestic and international market
      opportunities, preparing and executing marketing plans,
      developing pricing strategies, locating contract opportunities,
      negotiating contracts, and utilizing varying public relations and
      advertising techniques.
    (c) Conditions of participation
      (1) Non-Federal contributions
        As a condition of receiving financial assistance authorized by
      this section, the recipient organization shall agree to obtain,
      after its application has been approved and notice of award has
      been issued, cash contributions from non-Federal sources as
      follows:
          (A) in the first and second years, 1 non-Federal dollar for
        each 2 Federal dollars; and
          (B) in the third, fourth, and fifth years, 1 non-Federal
        dollar for each Federal dollar.
      (2) Form of non-Federal contributions
        Not more than one-half of the non-Federal sector matching
      assistance may be in the form of in-kind contributions that are
      budget line items only, including office equipment and office
      space.
      (3) Form of Federal contributions
        The financial assistance authorized pursuant to this section
      may be made by grant, contract, or cooperative agreement and may
      contain such provision, as necessary, to provide for payments in
      lump sum or installments, and in advance or by way of
      reimbursement. The Administration may disburse up to 25 percent
      of each year's Federal share awarded to a recipient organization
      after notice of the award has been issued and before the non-
      Federal sector matching funds are obtained.
      (4) Failure to obtain non-Federal funding
        If any recipient of assistance fails to obtain the required non-
      Federal contribution during any project, it shall not be
      eligible thereafter for advance disbursements pursuant to
      paragraph (3) during the remainder of that project, or for any
      other project for which it is or may be funded by the
      Administration, and prior to approving assistance to such
      organization for any other projects, the Administration shall
      specifically determine whether the Administration believes that
      the recipient will be able to obtain the requisite non-Federal
      funding and enter a written finding setting forth the reasons for
      making such determination.
    (d) Contract authority
      A women's business center may enter into a contract with a
    Federal department or agency to provide specific assistance to
    women and other underserved small business concerns. Performance of
    such contract should not hinder the women's business centers in
    carrying out the terms of the grant received by the women's
    business centers from the Administration.
    (e) Submission of 5-year plan
      Each applicant organization initially shall submit a 5-year plan
    to the Administration on proposed fundraising and training
    activities, and a recipient organization may receive financial
    assistance under this program for a maximum of 5 years per women's
    business center site.
    (f) Criteria
      The Administration shall evaluate and rank applicants in
    accordance with predetermined selection criteria that shall be
    stated in terms of relative importance. Such criteria and their
    relative importance shall be made publicly available and stated in
    each solicitation for applications made by the Administration. The
    criteria shall include - 
        (1) the experience of the applicant in conducting programs or
      ongoing efforts designed to impart or upgrade the business skills
      of women business owners or potential owners;
        (2) the present ability of the applicant to commence a project
      within a minimum amount of time;
        (3) the ability of the applicant to provide training and
      services to a representative number of women who are both
      socially and economically disadvantaged; and
        (4) the location for the women's business center site proposed
      by the applicant.
    (g) Office of Women's Business Ownership
      (1) Establishment
        There is established within the Administration an Office of
      Women's Business Ownership, which shall be responsible for the
      administration of the Administration's programs for the
      development of women's business enterprises (as defined in
      section 7108 of this title). The Office of Women's Business
      Ownership shall be administered by an Assistant Administrator,
      who shall be appointed by the Administrator.
      (2) Assistant Administrator of the Office of Women's Business
        Ownership
        (A) Qualification
          The position of Assistant Administrator shall be a Senior
        Executive Service position under section 3132(a)(2) of title 5.
        The Assistant Administrator shall serve as a noncareer
        appointee (as defined in section 3132(a)(7) of that title).
        (B) Responsibilities and duties
          (i) Responsibilities
            The responsibilities of the Assistant Administrator shall
          be to administer the programs and services of the Office of
          Women's Business Ownership established to assist women
          entrepreneurs in the areas of - 
              (I) starting and operating a small business;
              (II) development of management and technical skills;
              (III) seeking Federal procurement opportunities; and
              (IV) increasing the opportunity for access to capital.
          (ii) Duties
            The Assistant Administrator shall - 
              (I) administer and manage the Women's Business Center
            program;
              (II) recommend the annual administrative and program
            budgets for the Office of Women's Business Ownership
            (including the budget for the Women's Business Center
            program);
              (III) establish appropriate funding levels therefore (!1)
            ;

              (IV) review the annual budgets submitted by each
            applicant for the Women's Business Center program;
              (V) select applicants to participate in the program under
            this section;
              (VI) implement this section;
              (VII) maintain a clearinghouse to provide for the
            dissemination and exchange of information between women's
            business centers;
              (VIII) serve as the vice chairperson of the Interagency
            Committee on Women's Business Enterprise;
              (IX) serve as liaison for the National Women's Business
            Council; and
              (X) advise the Administrator on appointments to the
            Women's Business Council.
        (C) Consultation requirements
          In carrying out the responsibilities and duties described in
        this paragraph, the Assistant Administrator shall confer with
        and seek the advice of the Administration officials in areas
        served by the women's business centers.
    (h) Program examination
      (1) In general
        The Administration shall - 
          (A) develop and implement an annual programmatic and
        financial examination of each women's business center
        established pursuant to this section, pursuant to which each
        such center shall provide to the Administration - 
            (i) an itemized cost breakdown of actual expenditures for
          costs incurred during the preceding year; and
            (ii) documentation regarding the amount of matching
          assistance from non-Federal sources obtained and expended by
          the center during the preceding year in order to meet the
          requirements of subsection (c) of this section and, with
          respect to any in-kind contributions described in subsection
          (c)(2) of this section that were used to satisfy the
          requirements of subsection (c) of this section, verification
          of the existence and valuation of those contributions; and

          (B) analyze the results of each such examination and, based
        on that analysis, make a determination regarding the
        programmatic and financial viability of each women's business
        center.
      (2) Conditions for continued funding
        In determining whether to award a contract (as a sustainability
      grant) under subsection (l) of this section or to renew a
      contract (either as a grant or cooperative agreement) under this
      section with a women's business center, the Administration - 
          (A) shall consider the results of the most recent examination
        of the center under paragraph (1); and
          (B) may withhold such award or renewal, if the Administration
        determines that - 
            (i) the center has failed to provide any information
          required to be provided under clause (i) or (ii) of paragraph
          (1)(A), or the information provided by the center is
          inadequate; or
            (ii) the center has failed to provide any information
          required to be provided by the center for purposes of the
          report of the Administration under subsection (j) of this
          section, or the information provided by the center is
          inadequate.
    (i) Contract authority
      The authority of the Administrator to enter into contracts shall
    be in effect for each fiscal year only to the extent and in the
    amounts as are provided in advance in appropriations Acts. After
    the Administrator has entered into a contract, either as a grant or
    a cooperative agreement, with any applicant under this section, it
    shall not suspend, terminate, or fail to renew or extend any such
    contract unless the Administrator provides the applicant with
    written notification setting forth the reasons therefore (!1) and
    affords the applicant an opportunity for a hearing, appeal, or
    other administrative proceeding under chapter 5 of title 5.
    (j) Management report
      (1) In general
        The Administration shall prepare and submit to the Committees
      on Small Business of the House of Representatives and the Senate
      a report on the effectiveness of all projects conducted under
      this section.
      (2) Contents
        Each report submitted under paragraph (1) shall include
      information concerning, with respect to each women's business
      center established pursuant to this section - 
          (A) the number of individuals receiving assistance;
          (B) the number of startup business concerns formed;
          (C) the gross receipts of assisted concerns;
          (D) the employment increases or decreases of assisted
        concerns;
          (E) to the maximum extent practicable, increases or decreases
        in profits of assisted concerns; and
          (F) the most recent analysis, as required under subsection
        (h)(1)(B) of this section, and the subsequent determination
        made by the Administration under that subsection.
    (k) Authorization of appropriations
      (1) In general
        There is authorized to be appropriated, to remain available
      until the expiration of the pilot program under subsection (l) of
      this section - 
          (A) $12,000,000 for fiscal year 2000;
          (B) $12,800,000 for fiscal year 2001;
          (C) $13,700,000 for fiscal year 2002; and
          (D) $14,500,000 for fiscal year 2003.
      (2) Use of amounts
        (A) In general
          Except as provided in subparagraph (B), amounts made
        available under this subsection for fiscal year 1999, and each
        fiscal year thereafter, may only be used for grant awards and
        may not be used for costs incurred by the Administration in
        connection with the management and administration of the
        program under this section.
        (B) Exceptions
          Of the amount made available under this subsection for a
        fiscal year, the following amounts shall be available for
        selection panel costs, post-award conference costs, and costs
        related to monitoring and oversight:
            (i) For fiscal year 2000, 2 percent.
            (ii) For fiscal year 2001, 1.9 percent.
            (iii) For fiscal year 2002, 1.9 percent.
            (iv) For fiscal year 2003, 1.6 percent.
      (3) Expedited acquisition
        Notwithstanding any other provision of law, the Administrator,
      acting through the Assistant Administrator, may use such
      expedited acquisition methods as the Administrator determines to
      be appropriate to carry out this section, except that the
      Administrator shall ensure that all small business sources are
      provided a reasonable opportunity to submit proposals.
      (4) Reservation of funds for sustainability pilot program
        (A) In general
          Subject to subparagraph (B), of the total amount made
        available under this subsection for a fiscal year, the
        following amounts shall be reserved for sustainability grants
        under subsection (l) of this section:
            (i) For fiscal year 2000, 17 percent.
            (ii) For fiscal year 2001, 18.8 percent.
            (iii) For fiscal year 2002, 30.2 percent.
            (iv) For fiscal year 2003, 30.2 percent.
        (B) Use of unawarded funds for sustainability pilot program
          grants
          If the amount reserved under subparagraph (A) for any fiscal
        year is not fully awarded to private nonprofit organizations
        described in subsection (l)(1)(B) of this section, the
        Administration is authorized to use the unawarded amount to
        fund additional women's business center sites or to increase
        funding of existing women's business center sites under
        subsection (b) of this section.
    (l) Sustainability pilot program
      (1) In general
        There is established a 4-year pilot program under which the
      Administration is authorized to award grants (referred to in this
      section as "sustainability grants") on a competitive basis for an
      additional 5-year project under this section to any private
      nonprofit organization (or a division thereof) - 
          (A) that has received financial assistance under this section
        pursuant to a grant, contract, or cooperative agreement; and
          (B) that - 
            (i) is in the final year of a 5-year project; or
            (ii) has completed a project financed under this section
          (or any predecessor to this section) and continues to provide
          assistance to women entrepreneurs.
      (2) Conditions for participation
        In order to receive a sustainability grant, an organization
      described in paragraph (1) shall submit to the Administration an
      application, which shall include - 
          (A) a certification that the applicant - 
            (i) is a private nonprofit organization;
            (ii) employs a full-time executive director or program
          manager to manage the center; and
            (iii) as a condition of receiving a sustainability grant,
          agrees - 
              (I) to a site visit as part of the final selection
            process and to an annual programmatic and financial
            examination; and
              (II) to the maximum extent practicable, to remedy any
            problems identified pursuant to that site visit or
            examination;

          (B) information demonstrating that the applicant has the
        ability and resources to meet the needs of the market to be
        served by the women's business center site for which a
        sustainability grant is sought, including the ability to
        fundraise;
          (C) information relating to assistance provided by the
        women's business center site for which a sustainability grant
        is sought in the area in which the site is located, including -
        
            (i) the number of individuals assisted;
            (ii) the number of hours of counseling, training, and
          workshops provided; and
            (iii) the number of startup business concerns formed;

          (D) information demonstrating the effective experience of the
        applicant in - 
            (i) conducting financial, management, and marketing
          assistance programs, as described in paragraphs (1), (2), and
          (3) of subsection (b) of this section, designed to impart or
          upgrade the business skills of women business owners or
          potential owners;
            (ii) providing training and services to a representative
          number of women who are both socially and economically
          disadvantaged;
            (iii) using resource partners of the Administration and
          other entities, such as universities;
            (iv) complying with the cooperative agreement of the
          applicant; and
            (v) the prudent management of finances and staffing,
          including the manner in which the performance of the
          applicant compared to the business plan of the applicant and
          the manner in which grant funds awarded under subsection (b)
          of this section were used by the applicant; and

          (E) a 5-year plan that projects the ability of the women's
        business center site for which a sustainability grant is sought
        - 
            (i) to serve women business owners or potential owners in
          the future by improving fundraising and training activities;
          and
            (ii) to provide training and services to a representative
          number of women who are both socially and economically
          disadvantaged.
      (3) Review of applications
        (A) In general
          The Administration shall - 
            (i) review each application submitted under paragraph (2)
          based on the information provided in subparagraphs (D) and
          (E) of that paragraph, and the criteria set forth in
          subsection (f) of this section;
            (ii) as part of the final selection process, conduct a site
          visit at each women's business center for which a
          sustainability grant is sought; and
            (iii) approve or disapprove applications for sustainability
          grants simultaneously with applications for grants under
          subsection (b) of this section.
        (B) Data collection
          Consistent with the annual report to Congress under
        subsection (j) of this section, each women's business center
        site that is awarded a sustainability grant shall, to the
        maximum extent practicable, collect information relating to - 
            (i) the number of individuals assisted;
            (ii) the number of hours of counseling and training
          provided and workshops conducted;
            (iii) the number of startup business concerns formed;
            (iv) any available gross receipts of assisted concerns; and
            (v) the number of jobs created, maintained, or lost at
          assisted concerns.
        (C) Record retention
          The Administration shall maintain a copy of each application
        submitted under this subsection for not less than 10 years.
      (4) Non-Federal contribution
        (A) In general
          Notwithstanding any other provision of this section, as a
        condition of receiving a sustainability grant, an organization
        described in paragraph (1) shall agree to obtain, after its
        application has been approved under paragraph (3) and notice of
        award has been issued, cash and in-kind contributions from non-
        Federal sources for each year of additional program
        participation in an amount equal to 1 non-Federal dollar for
        each Federal dollar.
        (B) Form of non-Federal contributions
          Not more than 50 percent of the non-Federal assistance
        obtained for purposes of subparagraph (A) may be in the form of
        in-kind contributions that are budget line items only,
        including office equipment and office space.
      (5) Timing of requests for proposals
        In carrying out this subsection, the Administration shall issue
      requests for proposals for women's business centers applying for
      the pilot program under this subsection simultaneously with
      requests for proposals for grants under subsection (b) of this
      section.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[29], formerly Sec. 2[28], as added Pub. L.
    102-191, Sec. 2, Dec. 5, 1991, 105 Stat. 1589; renumbered Sec.
    2[29] and amended Pub. L. 103-403, title IV, Secs. 411, 412, Oct.
    22, 1994, 108 Stat. 4192, 4193; Pub. L. 105-135, title III, Sec.
    308(a), Dec. 2, 1997, 111 Stat. 2611; Pub. L. 106-17, Secs. 2(a),
    3, Apr. 6, 1999, 113 Stat. 27; Pub. L. 106-165, Secs. 2-4(b), Dec.
    9, 1999, 113 Stat. 1795-1798.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (a)(2) to (4). Pub. L. 106-165, Sec. 2(1), added
    par. (2) and redesignated former pars. (2) and (3) as pars. (3) and
    (4), respectively.
      Subsec. (b). Pub. L. 106-165, Sec. 2(2), inserted "nonprofit"
    after "private" in introductory provisions.
      Subsec. (c)(1). Pub. L. 106-17, Sec. 2(a), inserted "and" after
    the semicolon in subpar. (A), added subpar. (B), and struck out
    former subpars. (B) and (C) which read as follows:
      "(B) in the third and fourth years, 1 non-Federal dollar for each
    Federal dollar; and
      "(C) in the fifth year, 2 non-Federal dollars for each Federal
    dollar."
      Subsec. (h). Pub. L. 106-165, Sec. 3(1), added subsec. (h) and
    struck out heading and text of former subsec. (h). Text read as
    follows:
      "(1) In general. - Not later than 180 days after December 2,
    1997, the Administrator shall develop and implement an annual
    programmatic and financial examination of each women's business
    center established pursuant to this section.
      "(2) Extension of contracts. - In extending or renewing a
    contract with a women's business center, the Administrator shall
    consider the results of the examination conducted under paragraph
    (1)."
      Subsec. (j). Pub. L. 106-165, Sec. 3(2), added subsec. (j) and
    struck out heading and text of former subsec. (j). Text read as
    follows: "The Administrator shall prepare and submit an annual
    report to the Committees on Small Business of the House of
    Representatives and the Senate on the effectiveness of all projects
    conducted under the authority of this section. Such report shall
    provide information concerning - 
        "(1) the number of individuals receiving assistance;
        "(2) the number of startup business concerns formed;
        "(3) the gross receipts of assisted concerns;
        "(4) increases or decreases in profits of assisted concerns;
      and
        "(5) the employment increases or decreases of assisted
      concerns."
      Subsec. (k)(1). Pub. L. 106-165, Sec. 4(b)(1), added par. (1) and
    struck out heading and text of former par. (1). Text read as
    follows: "There is authorized to be appropriated $11,000,000 for
    each fiscal year to carry out the projects authorized under this
    section, of which, for fiscal year 1998, not more than 5 percent
    may be used for administrative expenses related to the program
    under this section."
      Pub. L. 106-17, Sec. 3, substituted "$11,000,000" for
    "$8,000,000".
      Subsec. (k)(2). Pub. L. 106-165, Sec. 4(b)(2), designated
    existing provisions as subpar. (A), inserted heading, substituted
    "Except as provided in subparagraph (B), amounts made" for "Amounts
    made", and added subpar. (B).
      Subsec. (k)(4). Pub. L. 106-165, Sec. 4(b)(3), added par. (4).
      Subsec. (l). Pub. L. 106-165, Sec. 4(a), added subsec. (l).
      1997 - Pub. L. 105-135 amended section generally, substituting
    provisions relating to women's business center program for
    provisions relating to women's demonstration projects.
      1994 - Subsec. (g). Pub. L. 103-403, Sec. 411(2), substituted
    "1997" for "1995".
      Subsec. (h). Pub. L. 103-403, Sec. 412, added subsec. (h).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                     EFFECTIVE DATE OF 1999 AMENDMENTS                 
      Pub. L. 106-165, Sec. 6, Dec. 9, 1999, 113 Stat. 1801, provided
    that: "This Act [amending this section and enacting provisions set
    out as notes under this section and section 631 of this title] and
    the amendments made by this Act shall take effect on October 1,
    1999."
      Pub. L. 106-17, Sec. 2(b), Apr. 6, 1999, 113 Stat. 27, provided
    that: "The amendments made by this section [amending this section]
    shall apply beginning October 1, 1998."

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.

                                REGULATIONS                            
      Pub. L. 106-165, Sec. 4(c), Dec. 9, 1999, 113 Stat. 1799,
    provided that: "Not later than 30 days after the date of enactment
    of this Act [Dec. 9, 1999], the Administrator of the Small Business
    Administration shall issue guidelines to implement the amendments
    made by this section [amending this section]."

                               APPLICABILITY                           
      Section 308(b) of Pub. L. 105-135 provided that:
      "(1) In general. - Subject to paragraph (2), any organization
    conducting a 3-year project under section 29 of the Small Business
    Act (15 U.S.C. 656) (as in effect on the day before the effective
    date of this Act [Dec. 2, 1997]) on September 30, 1997, may request
    an extension of the term of that project to a total term of 5
    years. If such an extension is made, the organization shall receive
    financial assistance in accordance with section 29(c) of the Small
    Business Act (as amended by this section) subject to procedures
    established by the Administrator, in coordination with the
    Assistant Administrator of the Office of Women's Business Ownership
    established under section 29 of the Small Business Act (15 U.S.C.
    656) (as amended by this section).
      "(2) Terms of assistance for certain organizations. - Any
    organization operating in the third year of a 3-year project under
    section 29 of the Small Business Act (15 U.S.C. 656) (as in effect
    on the day before the effective date of this Act) on September 30,
    1997, may request an extension of the term of that project to a
    total term of 5 years. If such an extension is made, during the
    fourth and fifth years of the project, the organization shall
    receive financial assistance in accordance with section 29(c)(1)(C)
    of the Small Business Act (as amended by this section) subject to
    procedures established by the Administrator, in coordination with
    the Assistant Administrator of the Office of Women's Business
    Ownership established under section 29 of the Small Business Act
    (15 U.S.C. 656) (as amended by this section)."

-FOOTNOTE-
    (!1) So in original. Probably should be "therefor".


-End-



-CITE-
    15 USC Sec. 657                                             01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657. Oversight of regulatory enforcement

-STATUTE-
    (a) Definitions
      For purposes of this section, the term - 
        (1) "Board" means a Regional Small Business Regulatory Fairness
      Board established under subsection (c) of this section; and
        (2) "Ombudsman" means the Small Business and Agriculture
      Regulatory Enforcement Ombudsman designated under subsection (b)
      of this section.
    (b) SBA Enforcement Ombudsman
      (1) Not later than 180 days after March 29, 1996, the
    Administrator shall designate a Small Business and Agriculture
    Regulatory Enforcement Ombudsman, who shall report directly to the
    Administrator, utilizing personnel of the Small Business
    Administration to the extent practicable. Other agencies shall
    assist the Ombudsman and take actions as necessary to ensure
    compliance with the requirements of this section. Nothing in this
    section is intended to replace or diminish the activities of any
    Ombudsman or similar office in any other agency.
      (2) The Ombudsman shall - 
        (A) work with each agency with regulatory authority over small
      businesses to ensure that small business concerns that receive or
      are subject to an audit, on-site inspection, compliance
      assistance effort, or other enforcement related communication or
      contact by agency personnel are provided with a means to comment
      on the enforcement activity conducted by such personnel;
        (B) establish means to receive comments from small business
      concerns regarding actions by agency employees conducting
      compliance or enforcement activities with respect to the small
      business concern, means to refer comments to the Inspector
      General of the affected agency in the appropriate circumstances,
      and otherwise seek to maintain the identity of the person and
      small business concern making such comments on a confidential
      basis to the same extent as employee identities are protected
      under section 7 of the Inspector General Act of 1978 (5 U.S.C.
      App.);
        (C) based on substantiated comments received from small
      business concerns and the Boards, annually report to Congress and
      affected agencies evaluating the enforcement activities of agency
      personnel including a rating of the responsiveness to small
      business of the various regional and program offices of each
      agency;
        (D) coordinate and report annually on the activities, findings
      and recommendations of the Boards to the Administrator and to the
      heads of affected agencies; and
        (E) provide the affected agency with an opportunity to comment
      on draft reports prepared under subparagraph (C), and include a
      section of the final report in which the affected agency may make
      such comments as are not addressed by the Ombudsman in revisions
      to the draft.
    (c) Regional Small Business Regulatory Fairness Boards
      (1) Not later than 180 days after March 29, 1996, the
    Administrator shall establish a Small Business Regulatory Fairness
    Board in each regional office of the Small Business Administration.
      (2) Each Board established under paragraph (1) shall - 
        (A) meet at least annually to advise the Ombudsman on matters
      of concern to small businesses relating to the enforcement
      activities of agencies;
        (B) report to the Ombudsman on substantiated instances of
      excessive enforcement actions of agencies against small business
      concerns including any findings or recommendations of the Board
      as to agency enforcement policy or practice; and
        (C) prior to publication, provide comment on the annual report
      of the Ombudsman prepared under subsection (b) of this section.

      (3) Each Board shall consist of five members, who are owners,
    operators, or officers of small business concerns, appointed by the
    Administrator, after receiving the recommendations of the chair and
    ranking minority member of the Committees on Small Business of the
    House of Representatives and the Senate. Not more than three of the
    Board members shall be of the same political party. No member shall
    be an officer or employee of the Federal Government, in either the
    executive branch or the Congress.
      (4) Members of the Board shall serve at the pleasure of the
    Administrator for terms of three years or less.
      (5) The Administrator shall select a chair from among the members
    of the Board who shall serve at the pleasure of the Administrator
    for not more than 1 year as chair.
      (6) A majority of the members of the Board shall constitute a
    quorum for the conduct of business, but a lesser number may hold
    hearings.
    (d) Powers of Boards
      (1) The Board may hold such hearings and collect such information
    as appropriate for carrying out this section.
      (2) The Board may use the United States mails in the same manner
    and under the same conditions as other departments and agencies of
    the Federal Government.
      (3) The Board may accept donations of services necessary to
    conduct its business, provided that the donations and their sources
    are disclosed by the Board.
      (4) Members of the Board shall serve without compensation,
    provided that, members of the Board shall be allowed travel
    expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter
    57 of title 5 while away from their homes or regular places of
    business in the performance of services for the Board.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[30], as added Pub. L. 104-121, title II,
    Sec. 222(2), Mar. 29, 1996, 110 Stat. 860.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 7 of the Inspector General Act of 1978, referred to in
    subsec. (b)(2)(B), is section 7 of Pub. L. 95-452, which is set out
    in the Appendix to Title 5, Government Organization and Employees.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2[30] of Pub. L. 85-536 was renumbered section
    2[37] and is set out as a note under section 631 of this title.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                              EFFECTIVE DATE                          
      Section effective on expiration of 90 days after Mar. 29, 1996,
    see section 224 of Pub. L. 104-121 set out in a Small Business
    Regulatory Fairness note under section 601 of Title 5, Government
    Organization and Employees.

-End-



-CITE-
    15 USC Sec. 657a                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657a. HUBZone program

-STATUTE-
    (a) In general
      There is established within the Administration a program to be
    carried out by the Administrator to provide for Federal contracting
    assistance to qualified HUBZone small business concerns in
    accordance with this section.
    (b) Eligible contracts
      (1) Definitions
        In this subsection - 
          (A) the term "contracting officer" has the meaning given that
        term in section 423(f)(5) of title 41; and
          (B) the term "full and open competition" has the meaning
        given that term in section 403 of title 41.
      (2) Authority of contracting officer
        Notwithstanding any other provision of law - 
          (A) a contracting officer may award sole source contracts
        under this section to any qualified HUBZone small business
        concern, if - 
            (i) the qualified HUBZone small business concern is
          determined to be a responsible contractor with respect to
          performance of such contract opportunity, and the contracting
          officer does not have a reasonable expectation that 2 or more
          qualified HUBZone small business concerns will submit offers
          for the contracting opportunity;
            (ii) the anticipated award price of the contract (including
          options) will not exceed - 
              (I) $5,000,000, in the case of a contract opportunity
            assigned a standard industrial classification code for
            manufacturing; or
              (II) $3,000,000, in the case of all other contract
            opportunities; and

            (iii) in the estimation of the contracting officer, the
          contract award can be made at a fair and reasonable price;

          (B) a contract opportunity shall be awarded pursuant to this
        section on the basis of competition restricted to qualified
        HUBZone small business concerns if the contracting officer has
        a reasonable expectation that not less than 2 qualified HUBZone
        small business concerns will submit offers and that the award
        can be made at a fair market price; and
          (C) not later than 5 days from the date the Administration is
        notified of a procurement officer's decision not to award a
        contract opportunity under this section to a qualified HUBZone
        small business concern, the Administrator may notify the
        contracting officer of the intent to appeal the contracting
        officer's decision, and within 15 days of such date the
        Administrator may file a written request for reconsideration of
        the contracting officer's decision with the Secretary of the
        department or agency head.
      (3) Price evaluation preference in full and open competitions
        (A) In general
          Subject to subparagraph (B), in any case in which a contract
        is to be awarded on the basis of full and open competition, the
        price offered by a qualified HUBZone small business concern
        shall be deemed as being lower than the price offered by
        another offeror (other than another small business concern), if
        the price offered by the qualified HUBZone small business
        concern is not more than 10 percent higher than the price
        offered by the otherwise lowest, responsive, and responsible
        offeror.
        (B) Procurement of commodities
          For purchases by the Secretary of Agriculture of agricultural
        commodities, the price evaluation preference shall be - 
            (i) 10 percent, for the portion of a contract to be awarded
          that is not greater than 25 percent of the total volume being
          procured for each commodity in a single invitation;
            (ii) 5 percent, for the portion of a contract to be awarded
          that is greater than 25 percent, but not greater than 40
          percent, of the total volume being procured for each
          commodity in a single invitation; and
            (iii) zero, for the portion of a contract to be awarded
          that is greater than 40 percent of the total volume being
          procured for each commodity in a single invitation.
        (C) Procurement of commodities for international food aid
          export operations
          The price evaluation preference for purchases of agricultural
        commodities by the Secretary of Agriculture for export
        operations through international food aid programs administered
        by the Farm Service Agency shall be 5 percent on the first
        portion of a contract to be awarded that is not greater than 20
        percent of the total volume of each commodity being procured in
        a single invitation.
        (D) Treatment of preference
          A contract awarded to a HUBZone small business concern under
        a preference described in subparagraph (B) shall not be counted
        toward the fulfillment of any requirement partially set aside
        for competition restricted to small business concerns.
      (4) Relationship to other contracting preferences
        A procurement may not be made from a source on the basis of a
      preference provided in paragraph (2) or (3), if the procurement
      would otherwise be made from a different source under section
      4124 or 4125 of title 18 or the Javits-Wagner-O'Day Act (41
      U.S.C. 46 et seq.).
    (c) Enforcement; penalties
      (1) Verification of eligibility
        In carrying out this section, the Administrator shall establish
      procedures relating to - 
          (A) the filing, investigation, and disposition by the
        Administration of any challenge to the eligibility of a small
        business concern to receive assistance under this section
        (including a challenge, filed by an interested party, relating
        to the veracity of a certification made or information provided
        to the Administration by a small business concern under section
        632(p)(5) of this title); and
          (B) verification by the Administrator of the accuracy of any
        certification made or information provided to the
        Administration by a small business concern under section
        632(p)(5) of this title.
      (2) Examinations
        The procedures established under paragraph (1) may provide for
      program examinations (including random program examinations) by
      the Administrator of any small business concern making a
      certification or providing information to the Administrator under
      section 632(p)(5) of this title.
      (3) Provision of data
        Upon the request of the Administrator, the Secretary of Labor,
      the Secretary of Housing and Urban Development, and the Secretary
      of the Interior (or the Assistant Secretary for Indian Affairs),
      shall promptly provide to the Administrator such information as
      the Administrator determines to be necessary to carry out this
      subsection.
      (4) Penalties
        In addition to the penalties described in section 645(d) of
      this title, any small business concern that is determined by the
      Administrator to have misrepresented the status of that concern
      as a "HUBZone small business concern" for purposes of this
      section, shall be subject to - 
          (A) section 1001 of title 18; and
          (B) sections 3729 through 3733 of title 31.
    (d) Authorization of appropriations
      There is authorized to be appropriated to carry out the program
    established by this section $10,000,000 for each of fiscal years
    2004 through 2006.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[31], as added Pub. L. 105-135, title VI,
    Sec. 602(b)(1)(B), Dec. 2, 1997, 111 Stat. 2629; amended Pub. L.
    106-554, Sec. 1(a)(9) [title V, Sec. 503(b), title VI, Sec.
    612(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-695, 2763A-699; Pub.
    L. 108-447, div. K, title I, Secs. 153, 154, Dec. 8, 2004, 118
    Stat. 3458.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Javits-Wagner-O'Day Act, referred to in subsec. (b)(4), is
    act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is
    classified to sections 46 to 48c of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2[31] of Pub. L. 85-536 was renumbered section
    2[37] and is set out as a note under section 631 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (b)(3)(C), (D). Pub. L. 108-447, Sec. 153, which
    directed amendment of par. (3) by redesignating subpar. (C) as (D)
    and adding a new subpar. (C) at the end, was executed by making the
    redesignation as directed but by adding the new subpar. (C) after
    subpar. (B) to reflect the probable intent of Congress.
      Subsec. (d). Pub. L. 108-447, Sec. 154, substituted "2004 through
    2006" for "2001 through 2003".
      2000 - Subsec. (b)(3). Pub. L. 106-554, Sec. 1(a)(9) [title VI,
    Sec. 612(a)], designated existing provisions as subpar. (A),
    inserted heading, substituted "Subject to subparagraph (B), in any"
    for "In any", and added subpars. (B) and (C).
      Subsec. (d). Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec.
    503(b)], added subsec. (d).

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1997, see section 3 of Pub. L. 105-135,
    set out as an Effective Date of 1997 Amendment note under section
    631 of this title.

                       INITIAL LIMITED APPLICABILITY                   
      Pub. L. 105-135, title VI, Sec. 602(b)(2), Dec. 2, 1997, 111
    Stat. 2631, as amended by Pub. L. 106-113, div. B, Sec. 1000(a)(5)
    [title II, Sec. 212], Nov. 29, 1999, 113 Stat. 1536, 1501A-295,
    provided that: "During the period beginning on the date of
    enactment of this Act [Dec. 2, 1997] and ending on September 30,
    2000, section 31 of the Small Business Act [15 U.S.C. 657a] (as
    added by paragraph (1) of this subsection) shall apply only to
    procurements by - 
        "(A) the Department of Defense;
        "(B) the Department of Agriculture;
        "(C) the Department of Health and Human Services;
        "(D) the Department of Transportation;
        "(E) the Department of Energy;
        "(F) the Department of Housing and Urban Development;
        "(G) the Environmental Protection Agency;
        "(H) the National Aeronautics and Space Administration;
        "(I) the General Services Administration;
        "(J) the Department of Veterans Affairs;
        "(K) the Department of Commerce;
        "(L) the Department of Justice; and
        "(M) the Department of State."

                                  REPORT                              
      Section 606 of Pub. L. 105-135 provided that: "Not later than
    March 1, 2002, the Administrator shall submit to the Committees a
    report on the implementation of the HUBZone program established
    under section 31 of the Small Business Act [15 U.S.C. 657a] (as
    added by section 602(b) of this title) and the degree to which the
    HUBZone program has resulted in increased employment opportunities
    and an increased level of investment in HUBZones (as defined in
    section 3(p) of the Small Business Act (15 U.S.C. 632(p)), as added
    by section 602(a) of this title)."

-End-



-CITE-
    15 USC Sec. 657b                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657b. Veterans programs

-STATUTE-
    (a) Office of Veterans Business Development
      There is established in the Administration an Office of Veterans
    Business Development, which shall be administered by the Associate
    Administrator for Veterans Business Development (in this section
    referred to as the "Associate Administrator") appointed under
    section 633(b)(1) of this title.
    (b) Associate Administrator for Veterans Business Development
      The Associate Administrator - 
        (1) shall be an appointee in the Senior Executive Service;
        (2) shall be responsible for the formulation, execution, and
      promotion of policies and programs of the Administration that
      provide assistance to small business concerns owned and
      controlled by veterans and small business concerns owned and
      controlled by service-disabled veterans. The Associate
      Administrator shall act as an ombudsman for full consideration of
      veterans in all programs of the Administration; and
        (3) shall report to and be responsible directly to the
      Administrator.
    (c) Authorization of appropriations
      There are authorized to be appropriated to carry out this section
    - 
        (1) $1,500,000 for fiscal year 2005; and
        (2) $2,000,000 for fiscal year 2006.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[32], as added Pub. L. 106-50, title II,
    Sec. 201(b)(2), Aug. 17, 1999, 113 Stat. 235; amended Pub. L. 108-
    447, div. K, title I, Sec. 145, Dec. 8, 2004, 118 Stat. 3455.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2[32] of Pub. L. 85-536 was renumbered section
    2[37] and is set out as a note under section 631 of this title.

                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-447 added subsec. (c).

                          CONGRESSIONAL FINDINGS                      
      Pub. L. 106-50, title I, Sec. 101, Aug. 17, 1999, 113 Stat. 234,
    provided that: "Congress finds the following:
        "(1) Veterans of the United States Armed Forces have been and
      continue to be vital to the small business enterprises of the
      United States.
        "(2) In serving the United States, veterans often faced great
      risks to preserve the American dream of freedom and prosperity.
        "(3) The United States has done too little to assist veterans,
      particularly service-disabled veterans, in playing a greater role
      in the economy of the United States by forming and expanding
      small business enterprises.
        "(4) Medical advances and new medical technologies have made it
      possible for service-disabled veterans to play a much more active
      role in the formation and expansion of small business enterprises
      in the United States.
        "(5) The United States must provide additional assistance and
      support to veterans to better equip them to form and expand small
      business enterprises, thereby enabling them to realize the
      American dream that they fought to protect."

                           CONGRESSIONAL PURPOSE                       
      Pub. L. 106-50, title I, Sec. 102, Aug. 17, 1999, 113 Stat. 234,
    provided that: "The purpose of this Act [see Short Title of 1999
    Amendments note set out under section 631 of this title] is to
    expand existing and establish new assistance programs for veterans
    who own or operate small businesses. This Act accomplishes this
    purpose by - 
        "(1) expanding the eligibility for certain small business
      assistance programs to include veterans;
        "(2) directing certain departments and agencies of the United
      States to take actions that enhance small business assistance to
      veterans; and
        "(3) establishing new institutions to provide small business
      assistance to veterans or to support the institutions that
      provide such assistance."

              ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS          
      Pub. L. 106-50, title II, Sec. 203, Aug. 17, 1999, 113 Stat. 239,
    as amended by Pub. L. 108-447, div. K, title I, Sec. 143(b), Dec.
    8, 2004, 118 Stat. 3455, provided that:
      "(a) In General. - There is established an advisory committee to
    be known as the 'Advisory Committee on Veterans Business Affairs'
    (in this section referred to as the 'Committee'), which shall serve
    as an independent source of advice and policy recommendations to - 
        "(1) the Administrator of the Small Business Administration (in
      this section referred to as the 'Administrator');
        "(2) the Associate Administrator for Veterans Business
      Development of the Small Business Administration;
        "(3) the Congress;
        "(4) the President; and
        "(5) other United States policymakers.
      "(b) Membership. - 
        "(1) In general. - The Committee shall be composed of 15
      members, of whom - 
          "(A) eight shall be veterans who are owners of small business
        concerns (within the meaning of the term under section 3 of the
        Small Business Act (15 U.S.C. 632)); and
          "(B) seven shall be representatives of veterans
        organizations.
        "(2) Appointment. - 
          "(A) In general. - The members of the Committee shall be
        appointed by the Administrator in accordance with this section.
          "(B) Initial appointments. - Not later than 90 days after the
        date of the enactment of this Act [Aug. 17, 1999], the
        Administrator shall appoint the initial members of the
        Committee.
        "(3) Political affiliation. - Not more than eight members of
      the Committee shall be of the same political party as the
      President.
        "(4) Prohibition on federal employment. - 
          "(A) In general. - Except as provided in subparagraph (B), no
        member of the Committee may serve as an officer or employee of
        the United States.
          "(B) Exception. - A member of the Committee who accepts a
        position as an officer or employee of the United States after
        the date of the member's appointment to the Committee may
        continue to serve on the Committee for not more than 30 days
        after such acceptance.
        "(5) Term of service. - 
          "(A) In general. - Subject to subparagraph (B), the term of
        service of each member of the Committee shall be 3 years.
          "(B) Terms of initial appointees. - As designated by the
        Administrator at the time of appointment, of the members first
        appointed - 
            "(i) six shall be appointed for a term of 4 years; and
            "(ii) five shall be appointed for a term of 5 years.
        "(6) Vacancies. - The Administrator shall fill any vacancies on
      the membership of the Committee not later than 30 days after the
      date on which such vacancy occurs.
        "(7) Chairperson. - 
          "(A) In general. - The members of the Committee shall elect
        one of the members to be Chairperson of the Committee.
          "(B) Vacancies in office of chairperson. - Any vacancy in the
        office of the Chairperson of the Committee shall be filled by
        the Committee at the first meeting of the Committee following
        the date on which the vacancy occurs.
      "(c) Duties. - The duties of the Committee shall be the
    following:
        "(1) Review, coordinate, and monitor plans and programs
      developed in the public and private sectors, that affect the
      ability of small business concerns owned and controlled by
      veterans to obtain capital and credit and to access markets.
        "(2) Promote the collection of business information and survey
      data as they relate to veterans and small business concerns owned
      and controlled by veterans.
        "(3) Monitor and promote plans, programs, and operations of the
      departments and agencies of the United States that may contribute
      to the formation and growth of small business concerns owned and
      controlled by veterans.
        "(4) Develop and promote initiatives, policies, programs, and
      plans designed to foster small business concerns owned and
      controlled by veterans.
        "(5) In cooperation with the National Veterans Business
      Development Corporation, develop a comprehensive plan, to be
      updated annually, for joint public-private sector efforts to
      facilitate growth and development of small business concerns
      owned and controlled by veterans.
      "(d) Powers. - 
        "(1) Hearings. - Subject to subsection (e), the Committee may
      hold such hearings, sit and act at such times and places, take
      such testimony, and receive such evidence as the Committee
      considers advisable to carry out its duties.
        "(2) Information from federal agencies. - Upon request of the
      Chairperson of the Committee, the head of any department or
      agency of the United States shall furnish such information to the
      Committee as the Committee considers to be necessary to carry out
      its duties.
        "(3) Use of mails. - The Committee may use the United States
      mails in the same manner and under the same conditions as other
      departments and agencies of the United States.
        "(4) Gifts. - The Committee may accept, use, and dispose of
      gifts or donations of services or property.
      "(e) Meetings. - 
        "(1) In general. - The Committee shall meet, not less than
      three times per year, at the call of the Chairperson or at the
      request of the Administrator.
        "(2) Location. - Each meeting of the full Committee shall be
      held at the headquarters of the Small Business Administration
      located in Washington, District of Columbia. The Administrator
      shall provide suitable meeting facilities and such administrative
      support as may be necessary for each full meeting of the
      Committee.
        "(3) Task groups. - The Committee may, from time-to-time,
      establish temporary task groups as may be necessary in order to
      carry out its duties.
      "(f) Compensation and Expenses. - 
        "(1) No compensation. - Members of the Committee shall serve
      without compensation for their service to the Committee.
        "(2) Expenses. - The members of the Committee shall be
      reimbursed for travel and subsistence expenses in accordance with
      section 5703 of title 5, United States Code.
      "(g) Report. - Not later than 30 days after the end of each
    fiscal year beginning after the date of the enactment of this
    section [Aug. 17, 1999], the Committee shall transmit to the
    Congress and the President a report describing the activities of
    the Committee and any recommendations developed by the Committee
    for the promotion of small business concerns owned and controlled
    by veterans.
      "(h) Termination. - The Committee shall terminate its business on
    September 30, 2006."

                               SCORE PROGRAM                           
      Pub. L. 106-50, title III, Sec. 301, Aug. 17, 1999, 113 Stat.
    242, provided that:
      "(a) In General. - The Administrator of the Small Business
    Administration shall enter into a memorandum of understanding with
    the Service Core of Retired Executives (described in section
    8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)) and
    in this section referred to as 'SCORE') to provide for the
    following:
        "(1) The appointment by SCORE in its national office of an
      individual to act as National Veterans Business Coordinator,
      whose duties shall relate exclusively to veterans business
      matters, and who shall be responsible for the establishment and
      administration of a program to coordinate counseling and training
      regarding entrepreneurship to veterans through the chapters of
      SCORE throughout the United States.
        "(2) The assistance of SCORE in the [sic] establishing and
      maintaining a toll-free telephone number and an Internet website
      to provide access for veterans to information about the
      counseling and training regarding entrepreneurship available to
      veterans through SCORE.
        "(3) The collection of statistics concerning services provided
      by SCORE to veterans, including service-disabled veterans, for
      inclusion in each annual report published by the Administrator
      under section 4(b)(2)(B) of the Small Business Act (15 U.S.C.
      633(b)(2)(B)).
      "(b) Resources. - The Administrator shall provide to SCORE such
    resources as the Administrator determines necessary for SCORE to
    carry out the requirements of the memorandum of understanding
    specified in paragraph (1)."

                        ENTREPRENEURIAL ASSISTANCE                    
      Pub. L. 106-50, title III, Sec. 302, Aug. 17, 1999, 113 Stat.
    242, provided that: "Not later than 180 days after the date of the
    enactment of this Act [Aug. 17, 1999], the Secretary of Veterans
    Affairs, the Administrator of the Small Business Administration,
    and the head of the association formed pursuant to section
    21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A))
    shall enter into a memorandum of understanding with respect to
    entrepreneurial assistance to veterans, including service-disabled
    veterans, through Small Business Development Centers (described in
    section 21 of the Small Business Act (15 U.S.C. 648)) and
    facilities of the Department of Veterans Affairs. Such assistance
    shall include the following:
        "(1) Conducting of studies and research, and the distribution
      of information generated by such studies and research, on the
      formation, management, financing, marketing, and operation of
      small business concerns by veterans.
        "(2) Provision of training and counseling to veterans
      concerning the formation, management, financing, marketing, and
      operation of small business concerns.
        "(3) Provision of management and technical assistance to the
      owners and operators of small business concerns regarding
      international markets, the promotion of exports, and the transfer
      of technology.
        "(4) Provision of assistance and information to veterans
      regarding procurement opportunities with Federal, State, and
      local agencies, especially such agencies funded in whole or in
      part with Federal funds.
        "(5) Establishment of an information clearinghouse to collect
      and distribute information, including by electronic means, on the
      assistance programs of Federal, State, and local governments, and
      of the private sector, including information on office locations,
      key personnel, telephone numbers, mail and electronic addresses,
      and contracting and subcontracting opportunities.
        "(6) Provision of Internet or other distance learning academic
      instruction for veterans in business subjects, including
      accounting, marketing, and business fundamentals.
        "(7) Compilation of a list of small business concerns owned and
      controlled by service-disabled veterans that provide products or
      services that could be procured by the United States and delivery
      of such list to each department and agency of the United States.
      Such list shall be delivered in hard copy and electronic form and
      shall include the name and address of each such small business
      concern and the products or services that it provides."

                      ANNUAL REPORT OF ADMINISTRATOR                  
      Pub. L. 106-50, title VI, Sec. 603, Aug. 17, 1999, 113 Stat. 248,
    provided that: "The Administrator of the Small Business
    Administration shall transmit annually to the Committees on Small
    Business and Veterans Affairs of the House of Representatives and
    the Senate [Committee on Small Business of Senate now Committee on
    Small Business and Entrepreneurship of Senate] a report on the
    needs of small business concerns owned and controlled by veterans
    and small business concerns owned and controlled by service-
    disabled veterans, which shall include information on - 
        "(1) the availability of Small Business Administration programs
      for such small business concerns and the degree of utilization of
      such programs by such small business concerns during the
      preceding 12-month period, including statistical information on
      such utilization as compared to the small business community as a
      whole;
        "(2) the percentage and dollar value of Federal contracts
      awarded to such small business concerns during the preceding 12-
      month period, based on the data collected pursuant to section
      604(d) [set out below]; and
        "(3) proposals to improve the access of such small business
      concerns to the assistance made available by the United States."

                      DATA AND INFORMATION COLLECTION                  
      Pub. L. 106-50, title VI, Sec. 604, Aug. 17, 1999, 113 Stat. 249,
    provided that:
      "(a) Information on Federal Procurement Practices. - The
    Administrator of the Small Business Administration shall, for each
    fiscal year - 
        "(1) collect information concerning the procurement practices
      and procedures of each department and agency of the United States
      having procurement authority;
        "(2) publish and disseminate such information to procurement
      officers in all Federal agencies; and
        "(3) make such information available to any small business
      concern requesting such information.
      "(b) Identification of Small Business Concerns Owned by Eligible
    Veterans. - Each fiscal year, the Secretary of Veterans Affairs
    shall, in consultation with the Assistant Secretary of Labor for
    Veterans' Employment and Training and the Administrator of the
    Small Business Administration, identify small business concerns
    owned and controlled by veterans in the United States. The
    Secretary shall inform each small business concern identified under
    this paragraph that information on Federal procurement is available
    from the Administrator.
      "(c) Self-Employment Opportunities. - The Secretary of Labor, the
    Secretary of Veterans Affairs, and the Administrator of the Small
    Business Administration shall enter into a memorandum of
    understanding to provide for coordination of vocational
    rehabilitation services, technical and managerial assistance, and
    financial assistance to veterans, including service-disabled
    veterans, seeking to employ themselves by forming or expanding
    small business concerns. The memorandum of understanding shall
    include recommendations for expanding existing programs or
    establishing new programs to provide such services or assistance to
    such veterans.
      "(d) Data Collection Required. - The Federal Procurement Data
    System described in section 6(d)(4)(A) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified
    to collect data regarding the percentage and dollar value of prime
    contracts and subcontracts awarded to small business concerns owned
    and controlled by veterans and small business concerns owned and
    controlled by service-disabled veterans."

-CROSS-
                                DEFINITIONS                            
      Pub. L. 106-50, title I, Sec. 103(b), Aug. 17, 1999, 113 Stat.
    235, provided that: "In this Act [see Short Title of 1999
    Amendments note set out under section 631 of this title], the
    definitions contained in section 3(q) of the Small Business Act [15
    U.S.C. 632(q)], as added by this section, apply."

-End-



-CITE-
    15 USC Sec. 657c                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657c. National Veterans Business Development Corporation

-STATUTE-
    (a) Establishment
      There is established a federally chartered corporation to be
    known as the National Veterans Business Development Corporation (in
    this section referred to as the "Corporation") which shall be
    incorporated under the laws of the District of Columbia and which
    shall have the powers granted in this section. Notwithstanding any
    other provision of law, the Corporation is a private entity and is
    not an agency, instrumentality, authority, entity, or establishment
    of the United States Government.
    (b) Purposes of the Corporation
      The purposes of the Corporation shall be - 
        (1) to expand the provision of and improve access to technical
      assistance regarding entrepreneurship for the Nation's veterans;
      and
        (2) to assist veterans, including service-disabled veterans,
      with the formation and expansion of small business concerns by
      working with and organizing public and private resources,
      including those of the Small Business Administration, the
      Department of Veterans Affairs, the Department of Labor, the
      Department of Commerce, the Department of Defense, the Service
      Corps of Retired Executives (described in section 637(b)(1)(B) of
      this title), the Small Business Development Centers (described in
      section 648 of this title), and the business development staffs
      of each department and agency of the United States.
    (c) Board of Directors
      (1) In general
        The management of the Corporation shall be vested in a Board of
      Directors composed of nine voting members and three nonvoting ex
      officio members.
      (2) Appointment of voting members
        The President shall, after considering recommendations which
      shall be proposed by the Chairmen and Ranking Members of the
      Committees on Small Business and the Committees on Veterans
      Affairs of the House of Representatives and the Senate, appoint
      United States citizens to be voting members of the Board, not
      more than five of whom shall be members of the same political
      party.
      (3) Ex officio members
        The Administrator of the Small Business Administration, the
      Secretary of Defense, and the Secretary of Veterans Affairs shall
      serve as the nonvoting ex officio members of the Board of
      Directors.
      (4) Initial appointments
        The initial members of the Board of Directors shall be
      appointed not later than 60 days after August 17, 1999.
      (5) Chairperson
        The members of the Board of Directors appointed under paragraph
      (2) shall elect one such member to serve as chairperson of the
      Board of Directors for a term of 2 years.
      (6) Terms of appointed members
        (A) In general
          Each member of the Board of Directors appointed under
        paragraph (2) shall serve a term of 6 years, except as provided
        in subparagraph (B).
        (B) Terms of initial appointees
          As designated by the President at the time of appointment, of
        the members first appointed - 
            (i) three shall be for a term of 2 years; and
            (ii) three shall be for a term of 4 years.
        (C) Unexpired terms
          Any member of the Board of Directors appointed to fill a
        vacancy occurring before the expiration of the term for which
        the member's predecessor was appointed shall be appointed only
        for the remainder of the term. A member may serve after the
        expiration of that member's term until a successor has taken
        office.
      (7) Vacancies
        Any vacancy on the Board of Directors shall be filled in the
      manner in which the original appointment was made. In the case of
      a vacancy in the office of the Administrator of the Small
      Business Administration or the Secretary of Veterans Affairs, and
      pending the appointment of a successor, an acting appointee for
      such vacancy may serve as an ex officio member.
      (8) Ineligibility for other offices
        No voting member of the Board of Directors may be an officer or
      employee of the United States while serving as a member of the
      Board of Directors or during the 2-year period preceding such
      service.
      (9) Impartiality and nondiscrimination
        The Board of Directors shall administer the affairs of the
      Corporation fairly and impartially and without discrimination.
      (10) Obligations and expenses
        The Board of Directors shall prescribe the manner in which the
      obligations of the Corporation may be incurred and in which its
      expenses shall be allowed and paid.
      (11) Quorum
        Five voting members of the Board of Directors shall constitute
      a quorum, but a lesser number may hold hearings.
    (d) Corporate powers
      On October 1, 1999, the Corporation shall become a body corporate
    and as such shall have the authority to do the following:
        (1) To adopt and use a corporate seal.
        (2) To have succession until dissolved by an Act of Congress.
        (3) To make contracts or grants.
        (4) To sue and be sued, and to file and defend against lawsuits
      in State or Federal court.
        (5) To appoint, through the actions of its Board of Directors,
      officers and employees of the Corporation, to define their duties
      and responsibilities, fix their compensations, and to dismiss at
      will such officers or employees.
        (6) To prescribe, through the actions of its Board of
      Directors, bylaws not inconsistent with Federal law and the law
      of the State of incorporation, regulating the manner in which its
      general business may be conducted and the manner in which the
      privileges granted to it by law may be exercised.
        (7) To exercise, through the actions of its Board of Directors
      or duly authorized officers, all powers specifically granted by
      the provisions of this section, and such incidental powers as
      shall be necessary.
        (8) To solicit, receive, and disburse funds from private,
      Federal, State and local organizations.
        (9) To accept and employ or dispose of in furtherance of the
      purposes of this section any money or property, real, personal,
      or mixed, tangible or intangible, received by gift, devise,
      bequest, or otherwise.
        (10) To accept voluntary and uncompensated services.
    (e) Corporate funds
      (1) Deposit of funds
        The Board of Directors shall deposit all funds of the
      Corporation in federally chartered and insured depository
      institutions until such funds are disbursed under paragraph (2).
      (2) Disbursement of funds
        Funds of the Corporation may be disbursed only for purposes
      that are - 
          (A) approved by the Board of Directors by a recorded vote
        with a quorum present; and
          (B) in accordance with the purposes of the Corporation as
        specified in subsection (b) of this section.
    (f) Network of information and assistance centers
      In carrying out the purpose described in subsection (b) of this
    section, the Corporation shall establish and maintain a network of
    information and assistance centers for use by veterans and the
    public.
    (g) Annual report
      On or before October 1 of each year, the Board of Directors shall
    transmit a report to the President and the Congress describing the
    activities and accomplishments of the Corporation for the preceding
    year and the Corporation's findings regarding the efforts of
    Federal, State and private organizations to assist veterans in the
    formation and expansion of small business concerns.
    (h) Assumption of duties of advisory committee
      On October 1, 2006, the Corporation established under this
    section shall assume the duties, responsibilities, and authority of
    the Advisory Committee on Veterans Affairs established under
    section 203 of this Act.(!1)

    (i) Use of mails
      The Corporation may use the United States mails in the same
    manner and under the same conditions as the departments and
    agencies of the United States.
    (j) Professional Certification Advisory Board
      (1) In general
        Acting through the Board of Directors, the Corporation shall
      establish a Professional Certification Advisory Board to create
      uniform guidelines and standards for the professional
      certification of members of the Armed Services to aid in their
      efficient and orderly transition to civilian occupations and
      professions and to remove potential barriers in the areas of
      licensure and certification.
      (2) Membership
        The members of the Advisory Board shall serve without
      compensation, shall meet in the District of Columbia no less than
      quarterly, and shall be appointed by the Board of Directors as
      follows:
        (A) Private sector members
          The Corporation shall appoint not less than seven members for
        terms of 2 years to represent private sector organizations and
        associations, including the American Association of Community
        Colleges, the Society for Human Resource Managers, the
        Coalition for Professional Certification, the Council on
        Licensure and Enforcement, and the American Legion.
        (B) Public sector members
          The Corporation shall invite public sector members to serve
        at the discretion of their departments or agencies and shall - 
            (i) encourage the participation of the Under Secretary of
          Defense for Personnel and Readiness;
            (ii) encourage the participation of two officers from each
          branch of the Armed Forces to represent the Training Commands
          of their branch; and
            (iii) seek the participation and guidance of the Assistant
          Secretary of Labor for Veterans' Employment and Training.
    (k) Authorization of appropriations
      (1) In general
        Subject to paragraph (2), there are authorized to be
      appropriated to the Corporation to carry out this section - 
          (A) $4,000,000 for fiscal year 2001;
          (B) $4,000,000 for fiscal year 2002;
          (C) $2,000,000 for fiscal year 2003; and
          (D) $2,000,000 for fiscal year 2004.
      (2) Matching requirement
        (A) Fiscal year 2002
          The amount made available to the Corporation for fiscal year
        2002 may not exceed twice the amount that the Corporation
        certifies that it will provide for that fiscal year from
        sources other than the Federal Government.
        (B) Subsequent fiscal years
          The amount made available to the Corporation for fiscal year
        2003 or 2004 may not exceed the amount that the Corporation
        certifies that it will provide for that fiscal year from
        sources other than the Federal Government.
      (3) Privatization
        The Corporation shall institute and implement a plan to raise
      private funds and become a self-sustaining corporation.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[33], as added Pub. L. 106-50, title II,
    Sec. 202(a), Aug. 17, 1999, 113 Stat. 236; amended Pub. L. 106-554,
    Sec. 1(a)(9) [title VIII, Sec. 808], Dec. 21, 2000, 114 Stat. 2763,
    2763A-706; Pub. L. 108-447, div. B, title VI, Sec. 636, div. K,
    title I, Secs. 143(a), 146, Dec. 8, 2004, 118 Stat. 2922, 3455.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 203 of this Act, referred to in subsec. (h), probably
    means section 203 of Pub. L. 106-50, title II, Aug. 17, 1999, 113
    Stat. 239, which is set out as a note under section 657b of this
    title.

-COD-
                               CODIFICATION                           
      August 17, 1999, referred to in subsec. (c)(4), was in the
    original "the date of enactment of this Act", which was translated
    as meaning the date of enactment of Pub. L. 106-50, which enacted
    this section, to reflect the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a). Pub. L. 108-447, Secs. 146 and 636, amended
    subsec. (a) identically, inserting at end "Notwithstanding any
    other provision of law, the Corporation is a private entity and is
    not an agency, instrumentality, authority, entity, or establishment
    of the United States Government."
      Subsec. (h). Pub. L. 108-447, Sec. 143(a), substituted "October
    1, 2006" for "October 1, 2004".
      2000 - Subsec. (k)(1). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 808(1)], added par. (1) and struck out heading and text of
    former par. (1). Text read as follows: "Subject to paragraph (2),
    there are authorized to be appropriated to the Corporation to carry
    out this section - 
        "(A) $2,000,000 for fiscal year 2000;
        "(B) $4,000,000 for fiscal year 2001;
        "(C) $4,000,000 for fiscal year 2002; and
        "(D) $2,000,000 for fiscal year 2003."
      Subsec. (k)(2)(A). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 808(2)], substituted "2002" for "2001" in heading and text.
      Subsec. (k)(2)(B). Pub. L. 106-554, Sec. 1(a)(9) [title VIII,
    Sec. 808(3)], substituted "2003 or 2004" for "2002 or 2003".

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                     GENERAL ACCOUNTING OFFICE REPORT                 
      Pub. L. 106-50, title II, Sec. 202(b), Aug. 17, 1999, 113 Stat.
    239, provided that not later than 180 days after the last day of
    the second fiscal year beginning after the date on which the
    initial members of the Board of Directors of the National Veterans
    Business Development Corporation were appointed under subsec. (c)
    of this section, the Comptroller General of the United States was
    to evaluate the effectiveness of the National Veterans Business
    Development Corporation in carrying out the purposes under subsec.
    (b) of this section, and submit to Congress a report on the results
    of that evaluation.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    15 USC Sec. 657d                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657d. Federal and State Technology Partnership Program

-STATUTE-
    (a) Definitions
      In this section and section 657e of this title, the following
    definitions apply:
      (1) Applicant
        The term "applicant" means an entity, organization, or
      individual that submits a proposal for an award or a cooperative
      agreement under this section.
      (2) Business advice and counseling
        The term "business advice and counseling" means providing
      advice and assistance on matters described in section
      657e(c)(2)(B) of this title to small business concerns to guide
      them through the SBIR and STTR program process, from application
      to award and successful completion of each phase of the program.
      (3) FAST program
        The term "FAST program" means the Federal and State Technology
      Partnership Program established under this section.
      (4) Mentor
        The term "mentor" means an individual described in section
      657e(c)(2) of this title.
      (5) Mentoring Network
        The term "Mentoring Network" means an association,
      organization, coalition, or other entity (including an
      individual) that meets the requirements of section 657e(c) of
      this title.
      (6) Recipient
        The term "recipient" means a person that receives an award or
      becomes party to a cooperative agreement under this section.
      (7) SBIR program
        The term "SBIR program" has the same meaning as in section
      638(e)(4) of this title.
      (8) State
        The term "State" means each of the several States, the District
      of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
      Guam, and American Samoa.
      (9) STTR program
        The term "STTR program" has the same meaning as in section
      638(e)(6) of this title.
    (b) Establishment of Program
      The Administrator shall establish a program to be known as the
    Federal and State Technology Partnership Program, the purpose of
    which shall be to strengthen the technological competitiveness of
    small business concerns in the States.
    (c) Grants and cooperative agreements
      (1) Joint review
        In carrying out the FAST program under this section, the
      Administrator and the SBIR program managers at the National
      Science Foundation and the Department of Defense shall jointly
      review proposals submitted by applicants and may make awards or
      enter into cooperative agreements under this section based on the
      factors for consideration set forth in paragraph (2), in order to
      enhance or develop in a State - 
          (A) technology research and development by small business
        concerns;
          (B) technology transfer from university research to
        technology-based small business concerns;
          (C) technology deployment and diffusion benefiting small
        business concerns;
          (D) the technological capabilities of small business concerns
        through the establishment or operation of consortia comprised
        of entities, organizations, or individuals, including - 
            (i) State and local development agencies and entities;
            (ii) representatives of technology-based small business
          concerns;
            (iii) industries and emerging companies;
            (iv) universities; and
            (v) small business development centers; and

          (E) outreach, financial support, and technical assistance to
        technology-based small business concerns participating in or
        interested in participating in an SBIR program, including
        initiatives - 
            (i) to make grants or loans to companies to pay a portion
          or all of the cost of developing SBIR proposals;
            (ii) to establish or operate a Mentoring Network within the
          FAST program to provide business advice and counseling that
          will assist small business concerns that have been identified
          by FAST program participants, program managers of
          participating SBIR agencies, the Administration, or other
          entities that are knowledgeable about the SBIR and STTR
          programs as good candidates for the SBIR and STTR programs,
          and that would benefit from mentoring, in accordance with
          section 657e of this title;
            (iii) to create or participate in a training program for
          individuals providing SBIR outreach and assistance at the
          State and local levels; and
            (iv) to encourage the commercialization of technology
          developed through SBIR program funding.
      (2) Selection considerations
        In making awards or entering into cooperative agreements under
      this section, the Administrator and the SBIR program managers
      referred to in paragraph (1) - 
          (A) may only consider proposals by applicants that intend to
        use a portion of the Federal assistance provided under this
        section to provide outreach, financial support, or technical
        assistance to technology-based small business concerns
        participating in or interested in participating in the SBIR
        program; and
          (B) shall consider, at a minimum - 
            (i) whether the applicant has demonstrated that the
          assistance to be provided would address unmet needs of small
          business concerns in the community, and whether it is
          important to use Federal funding for the proposed activities;
            (ii) whether the applicant has demonstrated that a need
          exists to increase the number or success of small high-
          technology businesses in the State, as measured by the
          number of first phase and second phase SBIR awards that have
          historically been received by small business concerns in the
          State;
            (iii) whether the projected costs of the proposed
          activities are reasonable;
            (iv) whether the proposal integrates and coordinates the
          proposed activities with other State and local programs
          assisting small high-technology firms in the State;
            (v) the manner in which the applicant will measure the
          results of the activities to be conducted; and
            (vi) whether the proposal addresses the needs of small
          business concerns - 
              (I) owned and controlled by women;
              (II) owned and controlled by minorities; and
              (III) located in areas that have historically not
            participated in the SBIR and STTR programs.
      (3) Proposal limit
        Not more than one proposal may be submitted for inclusion in
      the FAST program under this section to provide services in any
      one State in any 1 fiscal year.
      (4) Process
        Proposals and applications for assistance under this section
      shall be in such form and subject to such procedures as the
      Administrator shall establish. The Administrator shall promulgate
      regulations establishing standards for the consideration of
      proposals under paragraph (2), including standards regarding each
      of the considerations identified in paragraph (2)(B).
    (d) Cooperation and coordination
      In carrying out the FAST program under this section, the
    Administrator shall cooperate and coordinate with - 
        (1) Federal agencies required by section 638 of this title to
      have an SBIR program; and
        (2) entities, organizations, and individuals actively engaged
      in enhancing or developing the technological capabilities of
      small business concerns, including - 
          (A) State and local development agencies and entities;
          (B) State committees established under the Experimental
        Program to Stimulate Competitive Research of the National
        Science Foundation (as established under section 1862g of title
        42);
          (C) State science and technology councils; and
          (D) representatives of technology-based small business
        concerns.
    (e) Administrative requirements
      (1) Competitive basis
        Awards and cooperative agreements under this section shall be
      made or entered into, as applicable, on a competitive basis.
      (2) Matching requirements
        (A) In general
          The non-Federal share of the cost of an activity (other than
        a planning activity) carried out using an award or under a
        cooperative agreement under this section shall be - 
            (i) 50 cents for each Federal dollar, in the case of a
          recipient that will serve small business concerns located in
          one of the 18 States receiving the fewest SBIR first phase
          awards (as described in section 638(e)(4)(A) of this title);
            (ii) except as provided in subparagraph (B), 1 dollar for
          each Federal dollar, in the case of a recipient that will
          serve small business concerns located in one of the 16 States
          receiving the greatest number of such SBIR first phase
          awards; and
            (iii) except as provided in subparagraph (B), 75 cents for
          each Federal dollar, in the case of a recipient that will
          serve small business concerns located in a State that is not
          described in clause (i) or (ii) that is receiving such SBIR
          first phase awards.
        (B) Low-income areas
          The non-Federal share of the cost of the activity carried out
        using an award or under a cooperative agreement under this
        section shall be 50 cents for each Federal dollar that will be
        directly allocated by a recipient described in subparagraph (A)
        to serve small business concerns located in a qualified census
        tract, as that term is defined in section 42(d)(5)(C)(ii) of
        title 26. Federal dollars not so allocated by that recipient
        shall be subject to the matching requirements of subparagraph
        (A).
        (C) Types of funding
          The non-Federal share of the cost of an activity carried out
        by a recipient shall be comprised of not less than 50 percent
        cash and not more than 50 percent of indirect costs and in-kind
        contributions, except that no such costs or contributions may
        be derived from funds from any other Federal program.
        (D) Rankings
          For purposes of subparagraph (A), the Administrator shall
        reevaluate the ranking of a State once every 2 fiscal years,
        beginning with fiscal year 2001, based on the most recent
        statistics compiled by the Administrator.
      (3) Duration
        Awards may be made or cooperative agreements entered into under
      this section for multiple years, not to exceed 5 years in total.
    (f) Reports
      (1) Initial report
        Not later than 120 days after December 21, 2000, the
      Administrator shall prepare and submit to the Committee on Small
      Business of the Senate and the Committee on Science and the
      Committee on Small Business of the House of Representatives a
      report, which shall include, with respect to the FAST program,
      including Mentoring Networks - 
          (A) a description of the structure and procedures of the
        program;
          (B) a management plan for the program; and
          (C) a description of the merit-based review process to be
        used in the program.
      (2) Annual reports
        The Administrator shall submit an annual report to the
      Committee on Small Business of the Senate and the Committee on
      Science and the Committee on Small Business of the House of
      Representatives regarding - 
          (A) the number and amount of awards provided and cooperative
        agreements entered into under the FAST program during the
        preceding year;
          (B) a list of recipients under this section, including their
        location and the activities being performed with the awards
        made or under the cooperative agreements entered into; and
          (C) the Mentoring Networks and the mentoring database, as
        provided for under section 657e of this title, including - 
            (i) the status of the inclusion of mentoring information in
          the database required by section 638(k) of this title; and
            (ii) the status of the implementation and description of
          the usage of the Mentoring Networks.
    (g) Reviews by Inspector General
      (1) In general
        The Inspector General of the Administration shall conduct a
      review of - 
          (A) the extent to which recipients under the FAST program are
        measuring the performance of the activities being conducted and
        the results of such measurements; and
          (B) the overall management and effectiveness of the FAST
        program.
      (2) Report
        During the first quarter of fiscal year 2004, the Inspector
      General of the Administration shall submit a report to the
      Committee on Small Business of the Senate and the Committee on
      Science and the Committee on Small Business of the House of
      Representatives on the review conducted under paragraph (1).
    (h) Program levels
      (1) In general
        There is authorized to be appropriated to carry out the FAST
      program, including Mentoring Networks, under this section and
      section 657e of this title, $10,000,000 for each of fiscal years
      2001 through 2005.
      (2) Mentoring database
        Of the total amount made available under paragraph (1) for
      fiscal years 2001 through 2005, a reasonable amount, not to
      exceed a total of $500,000, may be used by the Administration to
      carry out section 657e(d) of this title.
    (i) Termination
      The authority to carry out the FAST program under this section
    shall terminate on September 30, 2005.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[34], as added Pub. L. 106-554, Sec. 1(a)(9)
    [title I, Sec. 111(b)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-
    674; amended Pub. L. 107-50, Sec. 8, Oct. 15, 2001, 115 Stat.
    265.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2[34] of Pub. L. 85-536 was renumbered section
    2[37] and is set out as a note under section 631 of this title.

                                AMENDMENTS                            
      2001 - Subsec. (c)(2)(B)(vi). Pub. L. 107-50, Sec. 8(a), added
    cl. (vi).
      Subsec. (c)(4). Pub. L. 107-50, Sec. 8(b), inserted at end "The
    Administrator shall promulgate regulations establishing standards
    for the consideration of proposals under paragraph (2), including
    standards regarding each of the considerations identified in
    paragraph (2)(B)."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Small Business of Senate changed to Committee on
    Small Business and Entrepreneurship of Senate. See Senate
    Resolution No. 123, One Hundred Seventh Congress, June 29, 2001.


-MISC2-
                                 FINDINGS                             
      Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 111(a)], Dec. 21,
    2000, 114 Stat. 2763, 2763A-674, provided that: "Congress finds
    that - 
        "(1) programs to foster economic development among small high-
      technology firms vary widely among the States;
        "(2) States that do not aggressively support the development of
      small high-technology firms, including participation by small
      business concerns in the SBIR program, are at a competitive
      disadvantage in establishing a business climate that is conducive
      to technology development; and
        "(3) building stronger national, State, and local support for
      science and technology research in these disadvantaged States
      will expand economic opportunities in the United States, create
      jobs, and increase the competitiveness of the United States in
      the world market."

-End-



-CITE-
    15 USC Sec. 657e                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657e. Mentoring Networks

-STATUTE-
    (a) Findings
      Congress finds that - 
        (1) the SBIR and STTR programs create jobs, increase capacity
      for technological innovation, and boost international
      competitiveness;
        (2) increasing the quantity of applications from all States to
      the SBIR and STTR programs would enhance competition for such
      awards and the quality of the completed projects; and
        (3) mentoring is a natural complement to the FAST program of
      reaching out to new companies regarding the SBIR and STTR
      programs as an effective and low-cost way to improve the
      likelihood that such companies will succeed in such programs in
      developing and commercializing their research.
    (b) Authorization for Mentoring Networks
      The recipient of an award or participant in a cooperative
    agreement under section 657d of this title may use a reasonable
    amount of such assistance for the establishment of a Mentoring
    Network under this section.
    (c) Criteria for Mentoring Networks
      A Mentoring Network established using assistance under section
    657d of this title shall - 
        (1) provide business advice and counseling to high technology
      small business concerns located in the State or region served by
      the Mentoring Network and identified under section
      657d(c)(1)(E)(ii) of this title as potential candidates for the
      SBIR or STTR programs;
        (2) identify volunteer mentors who - 
          (A) are persons associated with a small business concern that
        has successfully completed one or more SBIR or STTR funding
        agreements; and
          (B) have agreed to guide small business concerns through all
        stages of the SBIR or STTR program process, including providing
        assistance relating to - 
            (i) proposal writing;
            (ii) marketing;
            (iii) Government accounting;
            (iv) Government audits;
            (v) project facilities and equipment;
            (vi) human resources;
            (vii) third phase partners;
            (viii) commercialization;
            (ix) venture capital networking; and
            (x) other matters relevant to the SBIR and STTR programs;

        (3) have experience working with small business concerns
      participating in the SBIR and STTR programs;
        (4) contribute information to the national database referred to
      in subsection (d) of this section; and
        (5) agree to reimburse volunteer mentors for out-of-pocket
      expenses related to service as a mentor under this section.
    (d) Mentoring database
      The Administrator shall - 
        (1) include in the database required by section 638(k)(1) of
      this title, in cooperation with the SBIR, STTR, and FAST
      programs, information on Mentoring Networks and mentors
      participating under this section, including a description of
      their areas of expertise;
        (2) work cooperatively with Mentoring Networks to maintain and
      update the database;
        (3) take such action as may be necessary to aggressively
      promote Mentoring Networks under this section; and
        (4) fulfill the requirements of this subsection either directly
      or by contract.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[35], as added Pub. L. 106-554, Sec. 1(a)(9)
    [title I, Sec. 112], Dec. 21, 2000, 114 Stat. 2763, 2763A-680.)

-End-



-CITE-
    15 USC Sec. 657f                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657f. Procurement program for small business concerns owned
      and controlled by service-disabled veterans

-STATUTE-
    (a) Sole source contracts
      In accordance with this section, a contracting officer may award
    a sole source contract to any small business concern owned and
    controlled by service-disabled veterans if - 
        (1) such concern is determined to be a responsible contractor
      with respect to performance of such contract opportunity and the
      contracting officer does not have a reasonable expectation that 2
      or more small business concerns owned and controlled by service-
      disabled veterans will submit offers for the contracting
      opportunity;
        (2) the anticipated award price of the contract (including
      options) will not exceed - 
          (A) $5,000,000, in the case of a contract opportunity
        assigned a standard industrial classification code for
        manufacturing; or
          (B) $3,000,000, in the case of any other contract
        opportunity; and

        (3) in the estimation of the contracting officer, the contract
      award can be made at a fair and reasonable price.
    (b) Restricted competition
      In accordance with this section, a contracting officer may award
    contracts on the basis of competition restricted to small business
    concerns owned and controlled by service-disabled veterans if the
    contracting officer has a reasonable expectation that not less than
    2 small business concerns owned and controlled by service-disabled
    veterans will submit offers and that the award can be made at a
    fair market price.
    (c) Relationship to other contracting preferences
      A procurement may not be made from a source on the basis of a
    preference provided under subsection (a) or (b) of this section if
    the procurement would otherwise be made from a different source
    under section 4124 or 4125 of title 18 or the Javits-Wagner-O'Day
    Act (41 U.S.C. 46 et seq.).
    (d) Enforcement; penalties
      Rules similar to the rules of paragraphs (5) and (6) of section
    637(m) of this title shall apply for purposes of this section.
    (e) Contracting officer
      For purposes of this section, the term "contracting officer" has
    the meaning given such term in section 423(f)(5) of title 41.

-SOURCE-
    (Pub. L. 85-536, Sec. 2[36], as added Pub. L. 108-183, title III,
    Sec. 308, Dec. 16, 2003, 117 Stat. 2662.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Javits-Wagner-O'Day Act, referred to in subsec. (c), is act
    June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is
    classified to sections 46 to 48c of Title 41, Public Contracts. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 46 of Title 41 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2[36] of Pub. L. 85-536 was renumbered section
    2[37] and is set out as a note under section 631 of this title.

-End-



-CITE-
    15 USC Sec. 657g                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

-HEAD-
    Sec. 657g. Participation in federally funded projects

-STATUTE-
      Any small business concern that is certified, or otherwise meets
    the criteria for participation in any program under section 637(a)
    of this title, shall not be required by any State, or political
    subdivision thereof, to meet additional criteria or certification,
    unrelated to the capability to provide the requested products or
    services, in order to participate as a small disadvantaged business
    in any program or project that is funded, in whole or in part, by
    the Federal Government.

-SOURCE-
    (Pub. L. 108-447, div. K, title I, Sec. 155, Dec. 8, 2004, 118
    Stat. 3458.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Small Business Reauthorization
    and Manufacturing Assistance Act of 2004, and also as part of the
    Consolidated Appropriations Act, 2005, and not as part of the Small
    Business Act which comprises this chapter.


-MISC1-
         NOTICE REGARDING PARTICIPATION OF SMALL BUSINESS CONCERNS     
      Pub. L. 109-59, title X, Sec. 10201, Aug. 10, 2005, 119 Stat.
    1932, provided that: "The Secretary [of Transportation] shall
    notify each State or political subdivision of a State to which the
    Secretary awards a grant or other Federal funds of the criteria for
    participation by a small business concern in any program or project
    that is funded, in whole or in part, by the Federal Government
    under section 155 of the Small Business Reauthorization and
    Manufacturing Assistance Act of 2004 (15 U.S.C. 567g [657g])."

-End-