§ 631. — Declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC631]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 631. Declaration of policy
(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\
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\1\ So in original. The period probably should be a semicolon.
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(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--
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\2\ So in original. Probably should be capitalized.
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(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
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\3\ So in original. Probably should be ``management''.
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(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.
(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.)
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.
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 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[36], 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,
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
Section 2[20] of Pub. L. 85-536, 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, 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 certification 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
certification 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) Fiscal Year 1998.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 1998:
``(A) For the programs authorized by this Act [this
chapter], the Administration is authorized to make--
``(i) $40,000,000 in technical assistance grants, as
provided in section 7(m) [section 636(m) of this title]; and
``(ii) $60,000,000 in direct loans, as provided in
section 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $16,040,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make--
``(i) $12,000,000,000 in general business loans as
provided in section 7(a) [section 636(a) of this title];
``(ii) $3,000,000,000 in financings as provided in
section 7(a)(13) of this Act and section 504 of the Small
Business Investment Act of 1958 [section 697a of this
title];
``(iii) $1,000,000,000 in loans as provided in section
7(a)(21); and
``(iv) $40,000,000 in loans as provided in section 7(m).
``(C) For the programs authorized by part A of title III of
the Small Business Investment Act of 1958 [part A of subchapter
III of chapter 14B of this title], the Administration is
authorized to make--
``(i) $700,000,000 in purchases of participating
securities; and
``(ii) $600,000,000 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
$2,000,000,000, of which not more than $650,000,000 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--
``(i) for the Service Corps of Retired Executives
program authorized by section 8(b)(1) [section 637(b)(1) of
this title], $4,000,000; and
``(ii) for activities of small business development
centers pursuant to section 21(c)(3)(G) [section
648(c)(3)(G) of this title], $15,000,000, to remain
available until expended.
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 1998 such sums as may be
necessary to carry out this Act, 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 subparagraph (A), for fiscal year
1998--
``(i) no funds are authorized to be provided to carry
out 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
behalf of the Administration or on behalf of any other
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 $1,250,000.
``(3) HUBZone program.--There are authorized to be appropriated
to the Administration to carry out the program under section 31
[section 657a of this title], $5,000,000 for fiscal year 1998.
``(d) Fiscal Year 1999.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 1999:
``(A) For the programs authorized by this Act [this
chapter], the Administration is authorized to make--
``(i) $40,000,000 in technical assistance grants as
provided in section 7(m) [section 636(m) of this title]; and
``(ii) $60,000,000 in direct loans, as provided in
section 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $17,540,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make--
``(i) $13,000,000,000 in general business loans as
provided in section 7(a) [section 636(a) of this title];
``(ii) $3,500,000,000 in financings as provided in
section 7(a)(13) of this Act and section 504 of the Small
Business Investment Act of 1958 [section 697a of this
title];
``(iii) $1,000,000,000 in loans as provided in section
7(a)(21); and
``(iv) $40,000,000 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) $1,200,000,000 in purchases of participating
securities; and
``(ii) $700,000,000 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
$2,000,000,000, of which not more than $650,000,000 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 cooperative agreements--
``(i) for the Service Corps of Retired Executives
program authorized by section 8(b)(1) [section 637(b)(1) of
this title], $4,500,000; and
``(ii) for activities of small business development
centers pursuant to section 21(c)(3)(G) [section
648(c)(3)(G) of this title], not to exceed $15,000,000, to
remain available until expended.
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 1999 such sums as may be
necessary to carry out this Act, 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 subparagraph (A), for fiscal year
1999--
``(i) no funds are authorized to be provided to carry
out 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
behalf of the Administration or on behalf of any other
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 $1,250,000.
``(3) HUBZone program.--There are authorized to be appropriated
to the Administration to carry out the program under section 31
[section 657a of this title], $5,000,000 for fiscal year 1999.
``(e) Fiscal Year 2000.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2000:
``(A) For the programs authorized by this Act [this
chapter], the Administration is authorized to make--
``(i) $40,000,000 in technical assistance grants as
provided in section 7(m) [section 636(m) of this title]; and
``(ii) $60,000,000 in direct loans, as provided in
section 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $20,040,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make--
``(i) $14,500,000,000 in general business loans as
provided in section 7(a) [section 636(a) of this title];
``(ii) $4,500,000,000 in financings as provided in
section 7(a)(13) of this Act and section 504 of the Small
Business Investment Act of 1958 [section 697a of this
title];
``(iii) $1,000,000,000 in loans as provided in section
7(a)(21); and
``(iv) $40,000,000 in loans as provided in section 7(m).
``(C) For the programs authorized by part A of title III of
the Small Business Investment Act of 1958 [part A of subchapter
III of chapter 14B of this title], the Administration is
authorized to make--
``(i) $1,500,000,000 in purchases of participating
securities; and
``(ii) $800,000,000 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
$2,000,000,000, of which not more than $650,000,000 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 cooperative agreements--
``(i) for the Service Corps of Retired Executives
program authorized by section 8(b)(1) [section 637(b)(1) of
this title], $5,000,000; and
``(ii) for activities of small business development
centers pursuant to section 21(c)(3)(G) [section
648(c)(3)(6) of this title], not to exceed $15,000,000, to
remain available until expended.
``(2) Additional authorizations.--
``(A) There are authorized to be appropriated to the
Administration for fiscal year 2000 such sums as may be
necessary to carry out this Act, 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 subparagraph (A), for fiscal year
2000--
``(i) no funds are authorized to be provided to carry
out 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
behalf of the Administration or on behalf of any other
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 $1,250,000.
``(3) HUBZone program.--There are authorized to be appropriated
to the Administration to carry out the program under section 31
[section 657a of this title], $5,000,000 for fiscal year 2000.
``(f) 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 2000.
``(2) $15,000,000 for fiscal year 2001.
``(3) $15,000,000 for fiscal year 2002.
``(4) $15,000,000 for fiscal year 2003.
``(5) $15,000,000 for fiscal year 2004.
``(g) Fiscal Year 2001.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2001:
``(A) For the programs authorized by this Act [this
chapter], the Administration is authorized to make--
``(i) $45,000,000 in technical assistance grants as
provided in section 7(m) [section 636(m) of this title]; and
``(ii) $60,000,000 in direct loans, as provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $19,050,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make--
``(i) $14,500,000,000 in general business loans as
provided in section 7(a) [section 636(a) of this title];
``(ii) $4,000,000,000 in financings as provided in
section 7(a)(13) of this Act and 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) $2,500,000,000 in purchases of participating
securities; and
``(ii) $1,500,000,000 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 $4,000,000,000
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 cooperative agreements for a total amount of $5,000,000
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 2001 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 title IV of the
Small Business Investment Act of 1958 [subchapter IV-A of
chapter 14B of this title], including salaries and expenses of
the Administration.
``(B) Notwithstanding any other provision of this paragraph,
for fiscal year 2001--
``(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 $1,250,000.
``(h) Fiscal Year 2002.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2002:
``(A) For the programs authorized by this Act [this
chapter], the Administration is authorized to make--
``(i) $60,000,000 in technical assistance grants as
provided in section 7(m) [section 636(m) of this title]; and
``(ii) $80,000,000 in direct loans, as provided in 7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $20,050,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make--
``(i) $15,000,000,000 in general business loans as
provided in section 7(a) [section 636(a) of this title];
``(ii) $4,500,000,000 in financings as provided in
section 7(a)(13) of this Act and 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) $3,500,000,000 in purchases of participating
securities; and
``(ii) $2,500,000,000 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 $5,000,000,000
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 cooperative agreements for a total amount of $6,000,000
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 2002 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 title IV of the
Small Business Investment Act of 1958 [subchapter IV of chapter
14B of this title], including salaries and expenses of the
Administration.
``(B) Notwithstanding any other provision of this paragraph,
for fiscal year 2002--
``(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 $1,250,000.
``(i) Fiscal Year 2003.--
``(1) Program levels.--The following program levels are
authorized for fiscal year 2003:
``(A) For the programs authorized by this Act [this
chapter], the Administration is authorized to make--
``(i) $70,000,000 in technical assistance grants as
provided in section 7(m) [section 636(m) of this title]; and
``(ii) $100,000,000 in direct loans, as provided in
7(m).
``(B) For the programs authorized by this Act, the
Administration is authorized to make $21,550,000,000 in deferred
participation loans and other financings. Of such sum, the
Administration is authorized to make--
``(i) $16,000,000,000 in general business loans as
provided in section 7(a) [section 636(a) of this title];
``(ii) $5,000,000,000 in financings as provided in
section 7(a)(13) of this Act and 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) $4,000,000,000 in purchases of participating
securities; and
``(ii) $3,000,000,000 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 2003 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 title IV of the
Small Business Investment Act of 1958 [subchapter IV of chapter
14B of this title], including salaries and expenses of the
Administration.
``(B) Notwithstanding any other provision of this paragraph,
for fiscal year 2003--
``(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 $1,250,000.''
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.
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.
Definitions
Section 2 of Pub. L. 105-135 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; 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.''
Section Referred to in Other Sections
This section is referred to in section 636 of this title; title 10
section 2320; title 12 section 635; title 41 section 418a.
