US (United States) Code. title 15. Chapter 14A. Aid to small business

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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-CITE-

15 USC CHAPTER 14A - AID TO SMALL BUSINESS 01/06/03

-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.

(a) Aid, counsel, assistance, etc., to small business

concerns.

(b) Assistance to compete in international markets.

(c) Aid for agriculturally related industries;

financial assistance.

(d) Use of assistance programs to establish,

preserve, and strengthen small business

concerns.

(e) Assistance to victims of floods, etc., and those

displaced as result of federally aided

construction programs.

(f) Findings; purpose.

(g) Assistance to disaster victims under disaster

loan program.

(h) Assistance to women owned business.

(i) Prohibition on use of funds for individuals not

lawfully within United States.

(j) Contract bundling.

631a. Congressional declaration of small business economic policy.

(a) Foster small business.

(b) Capital availability to small business.

631b. Reports to Congress; state of small business.

(a) Report on Small Business and Competition.

(b) Appendix to report.

(c) Supplementary reports.

(d) Referral to Congressional committees.

(e) Small business concerns owned by disadvantaged

individuals and by women.

632. Small-business concern.

(a) Criteria.

(b) ''Agency'' defined.

(c) Qualified employee trust; eligibility for loan

guarantee; ''qualified employee trust''

defined; regulations for treatment of trust as

qualified employee trust.

(d) ''Qualified Indian tribe'' defined.

(e) ''Public or private organization for the

handicapped'' defined.

(f) ''Handicapped individual'' defined.

(g) ''Energy measures'' defined.

(h) ''Credit elsewhere'' defined.

(i) ''Homeowners'' defined.

(j) ''Small agricultural cooperative'' defined.

(k) ''Disaster'' defined.

(l) ''Computer crime'' defined.

(m) ''Simplified acquisition threshold'' defined.

(n) ''Small business concern owned and controlled by

women'' defined.

(o) Definitions of bundling of contract requirements

and related terms.

(p) Definitions relating to HUBZones.

(q) Definitions relating to veterans.

633. Small Business Administration.

(a) Creation; principal, branch, and regional

offices.

(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.

(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.

(d) Creation and composition of Loan Policy Board;

establishment of policies.

(e) Prohibition on provision of assistance.

(f) Certification of compliance with child support

obligations.

634. General powers.

(a) Seal; appointment and compensation of personnel;

use of other services and facilities.

(b) Powers of Administrator.

(c) Procurement of experts and consultants;

compensation and expenses.

(d) Safety deposit box rentals.

(e) Undertaking or suspension of payment obligation;

period; extension of maturity; repayment

agreement; ''required payments'' defined.

(f) Sale of guaranteed portion of loans by lender or

subsequent holder; limitations; secondary

market.

(g) Trust certificates; guarantee of timely payments

of principal and interest; full faith and

credit of United States; collection of fees;

subrogation.

(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.

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.

(a) Loans to small business concerns; allowable

purposes; qualified business; restrictions and

limitations.

(b) Disaster loans; authorization, scope, terms and

conditions, etc.

(c) Extension or renewal of loans; purchase of

participations; assumption of obligations;

disaster loans; interest rates; loan amounts.

(d) Funds for small business development centers

under section 648 of this title.

(e) (RESERVED).

(f) (RESERVED).

(g) Repealed.

(h) Loans to handicapped persons and organizations

for handicapped.

(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.

(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.

(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.

(l) (RESERVED).

(m) Microloan Program.

(n) Repayment deferred for active duty reservists.

636a. Repealed.

636b. Disaster loan interest rates.

636c. Age of applicant for disaster loans.

636d. Disaster aid to major sources of employment.

(a) Loans to disaster areas.

(b) Interest; deferred payments.

637. Additional powers.

(a) Procurement contracts; subcontracts to

disadvantaged small business concerns;

performance bonds; contract negotiations;

definitions; eligibility; determinations;

publication; recruitment; construction

subcontracts; annual estimates; Indian tribes.

(b) Procurement and property disposal powers;

determination of small-business concerns.

(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.

(e) Covered executive agency activities; procurement

notice; publication; time limitations.

(f) Contents of notice.

(g) Exempted, etc., activities of executive agency.

(h) Award of contracts; procedures other than

competitive ones; exceptions.

(i) Availability; complete solicitation package;

fees.

(j) ''Executive agency'' defined.

(k) Notices of subcontracting opportunities.

(l) Management assistance for small businesses

affected by military operations.

(m) Procurement program for women-owned small

business concerns.

(n) Business grants and cooperative agreements.

637a. Repealed.

637b. Availability of information.

(a) Requests for information.

(b) Exempt contracts.

637c. Definitions.

638. Research and development.

(a) Declaration of policy.

(b) Assistance to small-business concerns.

(c) Consultation and cooperation with Government

agencies; studies and recommendations.

(d) Joint programs; approval of agreements;

withdrawal of approval; publication in Federal

Register.

(e) Definitions.

(f) Federal agency expenditures for SBIR program.

(g) Administration of small business innovation

research programs by Federal agencies required

to establish such programs.

(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.

(i) Annual reporting.

(j) Small Business Administration policy directives

for the general conduct of small business

innovation research programs.

(k) Database.

(l) Reporting of awards made from single proposal, to

multiple award winners, or to critical

technology topics.

(m) Termination.

(n) Required expenditures for STTR by Federal

agencies.

(o) Federal agency STTR authority.

(p) STTR policy directive.

(q) Discretionary technical assistance.

(r) Third phase agreements.

(s) Outreach.

(t) Inclusion in strategic plans.

(u) Coordination of technology development programs.

(v) Simplified reporting requirements.

(w) STTR model agreement for intellectual property

rights.

639. Reporting requirements and agency cooperation.

(a) Annual reports to President and Congressional

officers and committees.

(b) Report of expenditures in conduct of activities;

contents; information to Congressional

committees.

(c) Repealed.

(d) Annual report of Department of Defense.

(e) Retention of records.

(f) Consultation and cooperation with Government

departments and agencies.

(g) Annual report of employee conduct complaints

received or acted upon and investigations

undertaken by Administration.

(h) Report to Congress on secondary market

operations.

639a. Review of loan program; submission of estimated needs for

additional authorization.

640. Voluntary agreements among small-business concerns.

(a) Consultation with President.

(b) Exemption from certain laws; findings and

requests; filing and publication.

(c) Delegation of authority; consultation; approval

of requests.

(d) Inapplicability of section when request or

finding withdrawn.

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.

(a) Determination.

(b) Placement of contracts by contracting procurement

agency.

(c) Programs for blind and handicapped individuals.

(d) Priority.

(e) Procurement strategies; contract bundling.

(f) Repealed.

(g) Goals for participation of small business

concerns in procurement contracts.

(h) Reports to Administration; submittal of

information to Congress.

(i) Small business set-asides.

(j) Small business reservation.

(k) Office of Small and Disadvantaged Business

Utilization; Director.

(l) Breakout procurement center representatives.

(m) Relationship to other procurement programs.

(n) Determination of labor surplus areas.

(o) Requirements for performance of contracts by

employees of small business concerns.

(p) Database, analysis, and annual report with

respect to bundled contracts.

645. Offenses and penalties.

(a) False statements; overvaluation of securities.

(b) Embezzlement, etc.

(c) Concealment, etc.

(d) Misrepresentation, etc.

(e) Representations under subsection (d) of this

section to be in writing.

(f) Misrepresentation of compliance with section

636(j)(10)(I).

646. Liens.

647. Duplication of activities of other Federal departments or

agencies.

(a) General prohibition; exception.

(b) Definitions.

648. Small business development center program authorization.

(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.

(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.

(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.

(d) Enhancing export potential of businesses within

State; State Office of International Trade.

(e) Laboratory assistance; reimbursement for

services.

(f) National Science Foundation; cooperation with

Administration and Small Business Development

Centers; center support.

(g) National Aeronautics and Space Administration and

regional technology transfer centers.

(h) Associate Administrator for Small Business

Development Centers.

(i) National Small Business Development Center

Advisory Board; establishment; membership;

term; Chairman; advisory and counseling

functions; meetings; compensation.

(j) Small business development center advisory board;

establishment; chairman; conferences with

director on policy.

(k) Program examination and certification.

(l) Contract authority.

(m) Prohibition on certain fees.

648a. Repealed.

649. Office of International Trade.

(a) Establishment.

(b) Development of distribution network; marketing of

programs and dissemination of information;

bilingual job applicants.

(c) Promotion of sales opportunities for goods and

services abroad.

(d) Access to export and pre-export financing

programs.

(e) Counseling small businesses; proceedings related

to trade laws; access to trade remedy

proceedings.

(f) Annual reports to Congress.

(g) Cooperative studies and reports to Congressional

committees on selected issues; recommendations.

649a. Omitted.

649b. Grants, contracts and cooperative agreements for

international marketing programs.

(a) Limitations and restrictions.

(b) Eligibility.

(c) Advisory board establishment.

(d) Grant requirements.

(e) Program evaluation; reports.

(f) Recipients' duty to furnish information.

(g) ''Applicant'' defined.

(h) Contract authority.

649c. Authorization of appropriations.

649d. Central information clearinghouse.

650. El Nino-related ocean conditions; disaster loan assistance to

small business concerns in fishing industry.

651. National small business tree planting program.

(a) Authorization of grants and contracts with

States.

(b) Establishment by Administrator.

(c) Utilization of small business concerns in

implementing program.

(d) Cooperation of Federal agencies; technical

services.

(e) Authorization of appropriations.

(f) Rules and regulations.

(g) Definitions.

(h) Annual report to President and Congress.

652. Central European Enterprise Development Commission.

(a) Establishment.

(b) Management and technical assistance to designated

Central European countries.

(c) Eligibility.

(d) Initial meeting and organization.

(e) Reimbursement for necessary expenses.

(f) Meetings; quorum.

(g) Authority; personnel.

(h) Initial and annual reports to Congress.

(i) Authorization of appropriations.

653. Office of Rural Affairs.

(a) Establishment.

(b) Appointment of director.

(c) Functions.

654. Paul D. Coverdell drug-free workplace program.

(a) Definitions.

(b) Establishment.

(c) Privacy protection for employees participating in

drug-free workplace program.

(d) Evaluation and coordination.

(e) Contract authority.

(f) Construction.

(g) Authorization.

655. Pilot Technology Access Program.

(a) Establishment.

(b) Criteria for selection of Centers.

(c) Matching requirement.

(d) Purpose of awards.

(e) Renewal of awards.

(f) Interim report.

(g) Final report.

(h) Authorization of appropriations.

(i) Funding from other sources; employment of Centers

by Federal agencies.

656. Women's business center program.

(a) Definitions.

(b) Authority.

(c) Conditions of participation.

(d) Contract authority.

(e) Submission of 5-year plan.

(f) Criteria.

(g) Office of Women's Business Ownership.

(h) Program examination.

(i) Contract authority.

(j) Management report.

(k) Authorization of appropriations.

(l) Sustainability pilot program.

657. Oversight of regulatory enforcement.

(a) Definitions.

(b) SBA Enforcement Ombudsman.

(c) Regional Small Business Regulatory Fairness

Boards.

(d) Powers of Boards.

657a. HUBZone program.

(a) In general.

(b) Eligible contracts.

(c) Enforcement; penalties.

(d) Authorization of appropriations.

657b. Veterans programs.

(a) Office of Veterans Business Development.

(b) Associate Administrator for Veterans Business

Development.

657c. National Veterans Business Development Corporation.

(a) Establishment.

(b) Purposes of the Corporation.

(c) Board of Directors.

(d) Corporate powers.

(e) Corporate funds.

(f) Network of information and assistance centers.

(g) Annual report.

(h) Assumption of duties of advisory committee.

(i) Use of mails.

(j) Professional Certification Advisory Board.

(k) Authorization of appropriations.

657d. Federal and State Technology Partnership Program.

(a) Definitions.

(b) Establishment of Program.

(c) Grants and cooperative agreements.

(d) Cooperation and coordination.

(e) Administrative requirements.

(f) Reports.

(g) Reviews by Inspector General.

(h) Program levels.

(i) Termination.

657e. Mentoring Networks.

(a) Findings.

(b) Authorization for Mentoring Networks.

(c) Criteria for Mentoring Networks.

(d) Mentoring database.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 662, 687 of this title;

title 7 section 2000; title 10 section 2855; title 16 sections

472a, 535a, 539d; title 19 sections 2345, 2346; title 25 section

450j; title 38 section 3742; title 42 sections 7661f, 9607; title

49 sections 13709, 40110; title 50 App. section 2017l.

-CITE-

15 USC Sec. 631 01/06/03

-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. (FOOTNOTE 1)

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

semicolon.

(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 (FOOTNOTE 2) respect to the Administration's business

development programs the Congress finds -

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

(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 (FOOTNOTE 3) assistance as may be

necessary; and

(FOOTNOTE 3) So in original. Probably should be ''management''.

(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, Sec.

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, Sec. 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, Sec. 1, 2, 70 Stat. 10;

Pub. L. 85-4, Sec. 1, 2, Feb. 11, 1957, 71 Stat. 1; Pub. L. 85-120,

Sec. 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.

-MISC3-

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 t