Notes on 15 U.S.C. § 631 : US Code - Notes

Search Notes on 15 U.S.C. § 631 : US Code - Notes

(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This chapter was originally enacted as title II of act July 30,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 2004 AMENDMENT
Pub. L. 108-447, div. K, Sec. 1(a), Dec. 8, 2004, 118 Stat. 3441,
provided that: "This division [enacting sections 631c and 657g of
this title, amending sections 632 to 634, 636, 637, 648, 650, 654,
657a to 657c, 683, 687, 694b, and 695 to 697 of this title,
enacting provisions set out as notes under sections 632, 633, 636,
and 637 of this title, amending provisions set out as notes under
this section and section 657b of this title, and repealing
provisions set out as a note under section 694b of this title] may
be cited as the 'Small Business Reauthorization and Manufacturing
Assistance Act of 2004'."
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-50, Sec. 1, Oct. 15, 2001, 115 Stat. 263, provided
that: "This Act [amending sections 638 and 657d of this title and
enacting provisions set out as a note under section 638 of this
title] may be cited as the 'Small Business Technology Transfer
Program Reauthorization Act of 2001'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(9) [Sec. 1(a)], Dec. 21, 2000, 114
Stat. 2763, 2763A-667, provided that: "This Act [H.R. 5667, as
enacted by section 1(a)(9) of Pub. L. 106-554, see Tables for
classification] may be cited as the 'Small Business Reauthorization
Act of 2000'."
Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec. 101], Dec. 21, 2000,
114 Stat. 2763, 2763A-668, provided that: "This title [enacting
sections 657d and 657e of this title, amending section 638 of this
title, enacting provisions set out as notes under sections 638 and
657d of this title, and amending provisions set out as notes under
this section and section 638 of this title] may be cited as the
'Small Business Innovation Research Program Reauthorization Act of
2000'."
Pub. L. 106-554, Sec. 1(a)(9) [title II, Sec. 201], Dec. 21,
2000, 114 Stat. 2763, 2763A-681, provided that: "This title
[amending sections 634, 636, and 696 of this title] may be cited as
the 'Small Business Loan Improvement Act of 2000'."
Pub. L. 106-554, Sec. 1(a)(9) [title V, Sec. 501], Dec. 21, 2000,
114 Stat. 2763, 2763A-691, provided that: "This title [amending
sections 637, 648, 654, and 657a of this title and amending
provisions set out as notes under this section and sections 637 and
644 of this title] may be cited as the 'Small Business Programs
Reauthorization Act of 2000'."
Pub. L. 106-554, Sec. 1(a)(9) [title VI, subtitle A, Sec. 601],
Dec. 21, 2000, 114 Stat. 2763, 2763A-697, provided that: "This
subtitle [amending section 632 of this title] may be cited as the
'HUBZones in Native America Act of 2000'."
SHORT TITLE OF 1999 AMENDMENTS
Pub. L. 106-165, Sec. 1, Dec. 9, 1999, 113 Stat. 1795, provided
that: "This Act [amending section 656 of this title and enacting
provisions set out as notes under section 656 of this title] may be
cited as the 'Women's Business Centers Sustainability Act of
1999'."
Pub. L. 106-50, Sec. 1, Aug. 17, 1999, 113 Stat. 233, provided
that: "This Act [enacting sections 657b and 657c of this title,
amending sections 631b, 632, 633, 634b, 636, 637, 644, and 695 of
this title, enacting provisions set out as notes under sections
633, 636, 637, 657b, and 657c of this title, and amending
provisions set out as a note under this section] may be cited as
the 'Veterans Entrepreneurship and Small Business Development Act
of 1999'."
Pub. L. 106-22, Sec. 1, Apr. 27, 1999, 113 Stat. 36, provided
that: "This Act [amending section 636 of this title] may be cited
as the 'Microloan Program Technical Corrections Act of 1999'."
Pub. L. 106-17, Sec. 1, Apr. 6, 1999, 113 Stat. 27, provided
that: "This Act [amending section 656 of this title and enacting
provisions set out as a note under section 656 of this title] may
be cited as the 'Women's Business Center Amendments Act of 1999'."
Pub. L. 106-8, Sec. 1, Apr. 2, 1999, 113 Stat. 13, provided that:
"This Act [amending section 636 of this title, enacting provisions
set out as notes under section 636 of this title, and repealing
provisions set out as a note under section 636 of this title] may
be cited as the 'Small Business Year 2000 Readiness Act'."
SHORT TITLE OF 1998 AMENDMENT
Pub. L. 105-277, div. C, title IX, Sec. 901, Oct. 21, 1998, 112
Stat. 2681-707, provided that: "This title [enacting section 654 of
this title, amending section 648 of this title, and enacting
provisions set out as notes under section 654 of this title] may be
cited as the 'Drug-Free Workplace Act of 1998'."
SHORT TITLE OF 1997 AMENDMENT
Pub. L. 105-135, Sec. 1(a), Dec. 2, 1997, 111 Stat. 2592,
provided that: "This Act [enacting sections 657a and 7109 of this
title and former section 7109 of this title, amending this section,
sections 631b, 632, 636, 637, 638, 644, 645, 648, 656, 662, 681 to
683, 687b, 687m, 694b, 696, 697, 697e, 7103, 7104, 7106, 7107, and
7110 of this title, section 2323 of Title 10, Armed Forces, section
1441a of Title 12, Banks and Banking, sections 3718, 6701, and 7505
of Title 31, Money and Finance, sections 405 and 417a of Title 41,
Public Contracts, section 13556 of Title 42, The Public Health and
Welfare, and sections 47107 and 47113 of Title 49, Transportation,
enacting provisions set out as notes under this section, sections
632 to 634, 636, 637, 638, 656, 657a, and 697e of this title, and
section 405 of Title 41, and amending provisions set out as notes
under this section and sections 637, 644, 694b, and 697e of this
title] may be cited as the 'Small Business Reauthorization Act of
1997'."
Section 601 of title VI of Pub. L. 105-135 provided that: "This
title [enacting section 657a of this title, amending sections 631b,
632, 637, 644, 645, and 694b of this title, section 2323 of Title
10, Armed Forces, section 1441a of Title 12, Banks and Banking,
sections 3718, 6701, and 7505 of Title 31, Money and Finance,
sections 405 and 417a of Title 41, Public Contracts, section 13556
of Title 42, The Public Health and Welfare, and sections 47107 and
47113 of Title 49, Transportation, enacting provisions set out as
notes under this section and sections 632 and 657a of this title,
and amending provisions set out as notes under this section] may be
cited as the 'HUBZone Act of 1997'."
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-208, div. D, Sec. 1(a), Sept. 30, 1996, 110 Stat.
3009-724, provided that: "This division [amending sections 80a-18,
632 to 634, 636, 638, 648, 662, 681 to 683, 687, 687b, 687d, 687k
to 687m, 694b, 696, 697, 697b, and 697f of this title and section
1431 of Title 12, Banks and Banking, repealing sections 687i and
687j of this title, enacting provisions set out as notes under this
section and sections 632 to 634, 636, 681, 683, 694b, and 695 of
this title, amending provisions set out as notes under this section
and section 644 of this title, and repealing provisions set out as
a note under section 634 of this title] may be cited as the 'Small
Business Programs Improvement Act of 1996'."
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-36, Sec. 1, Oct. 12, 1995, 109 Stat. 295, provided
that: "This Act [amending sections 634, 636, and 697 of this title,
enacting provisions set out as a note under section 634 of this
title, and amending provisions set out as a note under section 694b
of this title] may be cited as the 'Small Business Lending
Enhancement Act of 1995'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-403, Sec. 1(a), Oct. 22, 1994, 108 Stat. 4175,
provided that: "This Act [enacting chapter 97 of this title and
sections 697d to 697f of this title, amending this section and
sections 632 to 634, 634d, 636 to 638, 644, 648, 652, 656, 683,
687, and 697 of this title, repealing section 697e of this title,
enacting provisions set out as notes under this section and
sections 634b, 636, 637, 644, 661, and 697d to 697f of this title,
amending provisions set out as notes under this section and
sections 633, 636, 637, and 694b of this title, and repealing
provisions set out as a note under section 697 of this title] may
be cited as the 'Small Business Administration Reauthorization and
Amendments Act of 1994'."
SHORT TITLE OF 1993 AMENDMENT
Pub. L. 103-81, Sec. 1(a), Aug. 13, 1993, 107 Stat. 780, provided
that: "This Act [amending sections 634, 636, 648, 652, and 7107 of
this title, enacting provisions set out as notes under sections 634
and 636 of this title, amending provisions set out as notes under
this section and section 648 of this title, and repealing
provisions set out as notes under sections 634 and 636 of this
title] may be cited as the 'Small Business Guaranteed Credit
Enhancement Act of 1993'."
SHORT TITLE OF 1992 AMENDMENTS
Pub. L. 102-564, Sec. 1(a), Oct. 28, 1992, 106 Stat. 4249,
provided that: "This Act [amending sections 634, 636, 637, and 638
of this title and section 4124 of Title 18, Crimes and Criminal
Procedure, enacting provisions set out as notes under this section
and section 638 of this title, amending provisions set out as notes
under sections 644 and 648 of this title, and repealing provisions
set out as a note under section 638 of this title] may be cited as
the 'Small Business Research and Development Enhancement Act of
1992'."
Pub. L. 102-564, title I, Sec. 101, Oct. 28, 1992, 106 Stat.
4249, provided that: "This title [amending section 638 of this
title and enacting provisions set out as notes under section 638 of
this title] may be cited as the 'Small Business Innovation Research
Program Reauthorization Act of 1992'."
Pub. L. 102-564, title II, Sec. 201, Oct. 28, 1992, 106 Stat.
4256, provided that: "This title [amending section 638 of this
title and enacting provisions set out as notes under section 638 of
this title] may be cited as the 'Small Business Technology Transfer
Act of 1992'."
Pub. L. 102-366, Sec. 1(a), Sept. 4, 1992, 106 Stat. 986,
provided that: "This Act [amending sections 632, 636, 637, 644,
648, 661, 662, 682, 683, 685, 686, 687, 687b, and 687l of this
title, enacting provisions set out as notes under this section and
sections 632, 634, 636, 644, 648, 661, 681, 687b, and 694b of this
title, and amending provisions set out as notes under this section
and sections 633, 636, and 644 of this title] may be cited as the
'Small Business Credit and Business Opportunity Enhancement Act of
1992'."
Pub. L. 102-366, title I, Sec. 101, Sept. 4, 1992, 106 Stat. 987,
provided that: "This subtitle [subtitle A (Secs. 101-104) of title
I of Pub. L. 102-366, amending section 636 of this title and
enacting and amending provisions set out as notes under this
section] may be cited as the 'Small Business Credit Crunch Relief
Act of 1992'."
Pub. L. 102-366, title I, Sec. 111, Sept. 4, 1992, 106 Stat. 989,
provided that: "This subtitle [subtitle B (Secs. 111-115) of title
I of Pub. L. 102-366, amending section 636 of this title, enacting
provisions set out as notes under section 636 of this title, and
amending provisions set out as a note under this section] may be
cited as the 'Microlending Expansion Act of 1992'."
SHORT TITLE OF 1991 AMENDMENT
Pub. L. 102-191, Sec. 1, Dec. 5, 1991, 105 Stat. 1589, provided
that: "This Act [enacting section 656 of this title, amending
sections 636, 637, and 7103 of this title, enacting provisions set
out as a note under section 637 of this title] may be cited as the
'Women's Business Development Act of 1991'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-574, Sec. 1, Nov. 15, 1990, 104 Stat. 2814, provided
that: "This Act [enacting sections 653 and 654 of this title,
amending sections 633, 636, 637, 639, 644, 648, 683, 695, and 696
of this title, enacting provisions set out as notes under this
section and sections 633, 637, 648, 648a, 653, and 683 of this
title and section 601 of Title 5, Government Organization and
Employees, amending provisions set out as notes under this section
and sections 633, 636, 637, 644, and 694b of this title and section
502 of Title 44, Public Printing and Documents, and repealing
provisions set out as a note under section 648 of this title] may
be cited as the 'Small Business Administration Reauthorization and
Amendments Act of 1990'."
Pub. L. 101-574, title III, Sec. 301, Nov. 15, 1990, 104 Stat.
2827, provided that: "This title [enacting sections 653 and 654 of
this title, amending sections 631b, 636, and 648 of this title, and
enacting provisions set out as notes under section 653 of this
title and section 601 of Title 5, Government Organization and
Employees] may be cited as the 'Rural Small Business Enhancement
Act of 1990'."
SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101-37 provided that: "This Act [amending
this section and sections 633, 636, 637, 639, and 644 of this
title, enacting provisions set out as a note under this section,
and amending provisions set out as notes under this section and
sections 633, 636, 637, and 644 of this title] may be cited as the
'Business Opportunity Development Reform Act Technical Corrections
Act'."
SHORT TITLE OF 1988 AMENDMENTS
Section 1(a) of Pub. L. 100-656 provided that: "This Act
[amending this section, sections 632, 633, 636, 637, 639, 644, and
645 of this title, and section 541 of former Title 40, Public
Buildings, Property, and Works, enacting provisions set out as
notes under this section and sections 632, 633, 636, and 637 of
this title, and amending provisions set out as a note under section
644 of this title] may be cited as the 'Business Opportunity
Development Reform Act of 1988'."
Section 1(a) of Pub. L. 100-590 provided that: "This Act
[enacting sections 687m and 697c of this title, amending this
section and sections 631b, 632, 633, 634, 636, 637, 638, 644, 648,
681, 687b, and 694b to 697b of this title, repealing section 694 of
this title, enacting provisions set out as notes under this section
and sections 636, 637, 639, 644, 661, 694, 694b, and 697 of this
title, and amending provisions set out as notes under this section
and sections 633 and 637 of this title] may be cited as the 'Small
Business Administration Reauthorization and Amendment Act of
1988'."
Pub. L. 100-533, Sec. 1, Oct. 25, 1988, 102 Stat. 2689, provided
in part that Pub. L. 100-533 "[enacting chapter 97 of this title
and section 417a of Title 41, Public Contracts, amending this
section and sections 631b, 636, 637, and 1691b of this title, and
enacting provisions set out as notes under this section, sections
636 and 637 of this title, and section 131 of Title 13, Census] may
be cited as the 'Women's Business Ownership Act of 1988'."
Section 8001 of title VIII of Pub. L. 100-418 provided that:
"This title [amending this section and sections 636, 648, 649, and
696 of this title, enacting provisions set out as notes under this
section, and amending provisions set out as notes under this
section and section 638 of this title] may be cited as the 'Small
Business International Trade and Competitiveness Act'."
SHORT TITLE OF 1984 AMENDMENTS
Pub. L. 98-395, Sec. 1, Aug. 21, 1984, 98 Stat. 1366, provided
that: "This Act [amending sections 636 and 648 of this title and
provisions set out as notes under this section and section 648 of
this title] may be cited as the 'Small Business Development Center
Improvement Act of 1984'."
Pub. L. 98-362, Sec. 1, July 16, 1984, 98 Stat. 431, provided
that: "This Act [amending sections 632, 633, and 637 of this title
and enacting provisions set out as notes under sections 633 and 637
of this title] may be cited as the 'Small Business Computer
Security and Education Act of 1984'."
Pub. L. 98-352, Sec. 1, July 10, 1984, 98 Stat. 329, provided
that: "This Act [amending sections 633, 634, and 639 of this title
and enacting provisions set out as notes under section 634 of this
title] may be cited as the 'Small Business Secondary Market
Improvements Act of 1984'."
SHORT TITLE OF 1982 AMENDMENT
Section 1 of Pub. L. 97-219 provided that: "This Act [amending
section 638 of this title and enacting provisions set out as notes
under section 638 of this title] may be cited as the 'Small
Business Innovation Development Act of 1982'."
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97-35, title XIX, Sec. 1901, Aug. 13, 1981, 95 Stat. 767,
provided that: "This title [amending sections 632, 633, 636, 639,
and 696 of this title, repealing section 636a of this title,
enacting provisions set out as notes under sections 632 and 636 of
this title, and amending provisions set out as notes under this
section] may be cited as the 'Small Business Budget Reconciliation
and Loan Consolidation/Improvement Act of 1981'."
SHORT TITLE OF 1980 AMENDMENTS
Pub. L. 96-481, title I, Sec. 110, Oct. 21, 1980, 94 Stat. 2323,
provided that: "This part [part B (Secs. 110-113) of title I of
Pub. L. 96-481 enacting section 649 of this title, amending section
636 of this title and enacting provisions set out as notes under
section 649 of this title] may be cited as the 'Small Business
Export Expansion Act of 1980'."
Section 201 of title II of Pub. L. 96-302 provided that: "This
title [enacting section 648, amending section 636, and enacting
provisions set out as a note under section 648 of this title] may
be cited as the 'Small Business Development Center Act of 1980'."
Section 301 of title III of Pub. L. 96-302 provided that: "This
title [enacting sections 631a and 631b of this title] may be cited
as the 'Small Business Economic Policy Act of 1980'."
Section 501 of title V of Pub. L. 96-302 provided that: "This
title [amending sections 632 and 636 of this title and enacting
provisions set out as notes under sections 631 and 636 of this
title] may be cited as the 'Small Business Employee Ownership Act
of 1980'."
SHORT TITLE OF 1978 AMENDMENT
Pub. L. 95-315, Sec. 1, July 4, 1978, 92 Stat. 377, provided:
"That this Act [amending sections 633, 636, and 639 of this title
and provisions set out as notes under this section] may be cited as
the 'Small Business Energy Loan Act'."
SHORT TITLE OF 1974 AMENDMENT
Section 1 of Pub. L. 93-386 provided: "That this Act [enacting
section 694c of this title, amending this section, sections 633,
634, 636, 639, 647, 694, and 694b of this title, and sections 2855,
2942, 2949, and 2982 of Title 42, The Public Health and Welfare,
repealing sections 2901, 2902, 2905, 2906, 2906a, 2906b, 2906c, and
2907 of Title 42, and enacting provisions set out as notes under
sections 633 and 694 of this title] may be cited as the 'Small
Business Amendments of 1974'."
SHORT TITLE OF 1967 AMENDMENT
Section 101 of Pub. L. 90-104, title I, Oct. 11, 1967, 81 Stat.
268, provided that: "This title [amending sections 633, 636, and
637 of this title and section 2902 of Title 42, The Public Health
and Welfare] may be cited as the 'Small Business Act Amendments of
1967'."
SHORT TITLE OF 1961 AMENDMENT
Section 1 of Pub. L. 87-305 provided: "That this Act [amending
this section, sections 633, 634, 636, 637, and 639 of this title,
and section 2158 of Appendix to Title 50, War and National Defense]
may be cited as the 'Small Business Act Amendments of 1961'."
SHORT TITLE
Section 2[1] of Pub. L. 85-536 provided that this chapter should
be known as the "Small Business Act".
REPEAL OF INCONSISTENT LAWS
Section 2[37], formerly section 2[21], of Pub. L. 85-536,
renumbered Sec. 2[30] by Pub. L. 96-302, title II, Sec. 202, July
2, 1980, 94 Stat. 843; renumbered Sec. 2[31] by Pub. L. 104-121,
title II, Sec. 222(1), Mar. 29, 1996, 110 Stat. 860; renumbered
Sec. 2[32] by Pub. L. 105-135, title VI, Sec. 602(b)(1)(A), Dec. 2,
1997, 111 Stat. 2629; renumbered Sec. 2[34] by Pub. L. 106-50,
title II, Sec. 201(b)(1), Aug. 17, 1999, 113 Stat. 235; renumbered
Sec. 2[36] by Pub. L. 106-554, Sec. 1(a)(9) [title I, Sec.
111(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-674; renumbered
Sec. 2[37] by Pub. L. 108-183, title III, Sec. 308, Dec. 16, 2003,
117 Stat. 2662, provided that: "All laws and parts of laws
inconsistent with this Act [this chapter] are hereby repealed to
the extent of such inconsistency."
REGULATIONS
Section 417 of title IV of Pub. L. 105-135 provided that:
"(a) Proposed Regulations. - Proposed amendments to the Federal
Acquisition Regulation or proposed Small Business Administration
regulations under this subtitle [subtitle B (Secs. 411-417) of
title IV of Pub. L. 105-135, amending this section and sections
632, 637 and 644 of this title and enacting provisions set out as
notes under section 637 of this title and section 405 of Title 41,
Public Contracts] and the amendments made by this subtitle shall be
published not later than 120 days after the date of enactment of
this Act [Dec. 2, 1997] for the purpose of obtaining public comment
pursuant to section 22 of the Office of Federal Procurement Policy
Act (41 U.S.C. 418b), or chapter 5 of title 5, United States Code,
as appropriate. The public shall be afforded not less than 60 days
to submit comments.
"(b) Final Regulations. - Final regulations shall be published
not later than 270 days after the date of enactment of this Act.
The effective date for such final regulations shall be not less
than 30 days after the date of publication."
Section 136 of title I of Pub. L. 100-590 provided that:
"Notwithstanding any law, rule or regulation, the Small Business
Administration shall promulgate final regulations to be effective
on publication to carry out the provisions of this title [see
Effective Date of 1988 Amendments note above] within six months
after the date of enactment [Nov. 3, 1988]."
Section 8013 of title VIII of Pub. L. 100-418 provided that:
"Notwithstanding any law, rule, or regulation, the Small Business
Administration shall promulgate final regulations to carry out the
provisions of this title [see Short Title of 1988 Amendments note
above] within six months after the date of enactment of this title
[Aug. 23, 1988]."
SEPARABILITY
Section 2[19] of Pub. L. 85-536 provided that: "If any provision
of this Act [this chapter], or the application thereof to any
person or circumstances, is held invalid, the remainder of this Act
[this chapter], and the application of such provision to other
persons or circumstances, shall not be affected thereby."
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 85-536, Sec. 2[20], July 18, 1958, 72 Stat. 396, as
amended by Pub. L. 87-341, Sec. 11(h)(2), Oct. 3, 1961, 75 Stat.
757; Pub. L. 95-89, title I, Sec. 102, Aug. 4, 1977, 91 Stat. 553;
Pub. L. 95-315, Secs. 5, 7, July 4, 1978, 92 Stat. 379; Pub. L. 96-
302, title I, Secs. 101, 110, July 2, 1980, 94 Stat. 833, 837;
Pub. L. 97-35, title XIX, Secs. 1905, 1906, Aug. 13, 1981, 95 Stat.
772-777; Pub. L. 98-270, title III, Secs. 302, 305, Apr. 18, 1984,
98 Stat. 160, 161; Pub. L. 98-395, Sec. 3, Aug. 21, 1984, 98 Stat.
1367; Pub. L. 99-272, title XVIII, Secs. 18001, 18002, 18012, Apr.
7, 1986, 100 Stat. 361, 363, 369; Pub. L. 100-72, Sec. 1, July 11,
1987, 101 Stat. 477; Pub. L. 100-418, title VIII, Secs. 8004,
8006(a), Aug. 23, 1988, 102 Stat. 1556, 1557; Pub. L. 100-590,
title I, Secs. 101, 135(1), (2), Nov. 3, 1988, 102 Stat. 2990,
3007; Pub. L. 101-574, title I, Secs. 101, 102, Nov. 15, 1990, 104
Stat. 2815, 2817; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6, 1991, 105
Stat. 406; Pub. L. 102-366, title I, Secs. 102, 115(a), title IV,
Secs. 405, 414, Sept. 4, 1992, 106 Stat. 987, 993, 1014, 1018; Pub.
L. 103-81, Sec. 2, Aug. 13, 1993, 107 Stat. 780; Pub. L. 103-282,
Sec. 1, July 22, 1994, 108 Stat. 1422; Pub. L. 103-403, title I,
Sec. 101, Oct. 22, 1994, 108 Stat. 4176; Pub. L. 104-208, div. D,
title II, Sec. 208(i)(2), Sept. 30, 1996, 110 Stat. 3009-747; Pub.
L. 105-135, title I, Sec. 101, title II, Sec. 211, title VI, Sec.
607, Dec. 2, 1997, 111 Stat. 2594, 2600, 2635; Pub. L. 106-9, Sec.
2(b), Apr. 5, 1999, 113 Stat. 17; Pub. L. 106-24, Sec. 1(b), Apr.
27, 1999, 113 Stat. 39; Pub. L. 106-554, Sec. 1(a)(8) [Sec. 1(c)],
Sec. 1(a)(9) [title V, Sec. 502, title VIII, Sec. 804(a)], Dec. 21,
2000, 114 Stat. 2763, 2763A-664, 2763A-691, 2763A-703; Pub. L. 107-
20, title II, Sec. 2203(a), July 24, 2001, 115 Stat. 170; Pub. L.
108-217, Sec. 3, Apr. 5, 2004, 118 Stat. 591; Pub. L. 108-447, div.
K, title I, Sec. 121, Dec. 8, 2004, 118 Stat. 3446, provided that:
"(a)(1) For fiscal year 2000 and each fiscal year thereafter,
there are authorized to be appropriated such sums as may be
necessary and appropriate, to remain available until expended, and
to be available solely -
"(A) to carry out the Small Business Development Center Program
under section 21 [section 648 of this title], but not to exceed
the annual funding level, as specified in section 21(a);
"(B) to pay the expenses of the National Small Business
Development Center Advisory Board, as provided in section 21(i);
"(C) to pay the expenses of the information sharing system, as
provided in section 21(c)(8);
"(D) to pay the expenses of the association referred to in
section 21(a)(3)(A) for conducting the accreditation program, as
provided in section 21(k)(2);
"(E) to pay the expenses of the Administration, including
salaries of examiners, for conducting examinations as part of the
accreditation program conducted by the association referred to in
section 21(a)(3)(A); and
"(F) to pay for small business development center grants as
mandated or directed by Congress.
"(2) Notwithstanding any other provision of law, the
Administration shall enter into commitments for direct loans and to
guarantee loans, debentures, payment of rentals, or other amounts
due under qualified contracts and other types of financial
assistance and enter into commitments to purchase debentures and
preferred securities and to guarantee sureties against loss
pursuant to programs under this Act [this chapter] and the Small
Business Investment Act of 1958 [chapter 14B of this title], in the
full amounts provided by law subject only to (A) the availability
of qualified applications, and (B) limitations contained in
appropriations Acts. Nothing in this paragraph authorizes the
Administration to reduce or limit its authority to enter into such
commitments. Subject to approval in appropriations Acts, amounts
authorized for preferred securities, debentures or participating
securities under title III of the Small Business Investment Act of
1958 [subchapter III of chapter 14B of this title] may be obligated
in one fiscal year and disbursed or guaranteed in any 1 or more of
the 4 subsequent fiscal years.
"(3) There are authorized to be transferred from the disaster
loan revolving fund such sums as may be necessary and appropriate
for administrative expenses of the Administration.
"(4) Except as may be otherwise specifically provided by law, the
amount of deferred participation loans authorized in this section -

"(A) shall mean the net amount of the loan principal guaranteed
by the Small Business Administration (and does not include any
amount which is not guaranteed); and
"(B) shall be available for a national program, except that the
Administration may use not more than an amount equal to 10
percent of the amount authorized each year for any special or
pilot program directed to identified sectors of the small
business community or to specific geographic regions of the
United States.
"(b) There are authorized to be appropriated to the
Administration for fiscal year 1991 such sums as may be necessary
to carry out the provisions of this Act [this chapter] and the
Small Business Investment Act of 1958 [chapter 14B of this title].
There also are hereby authorized to be appropriated such sums as
may be necessary and appropriate for the carrying out of the
provisions and purposes, including administrative expenses, of
sections 7(b)(1) and 7(b)(2) of this Act [section 636(b)(1), (2) of
this title]; and there are authorized to be transferred from the
disaster loan revolving fund such sums as may be necessary and
appropriate for such administrative expenses.
"(c) Disaster Mitigation Pilot Program. - The following program
levels are authorized for loans under section 7(b)(1)(C) [section
636(b)(1)(C) of this title]:
"(1) $15,000,000 for fiscal year 2005.
"(2) $15,000,000 for fiscal year 2006.
"(d) Fiscal Year 2005. -
"(1) Program levels. - The following program levels are
authorized for fiscal year 2005:
"(A) For the programs authorized by this Act [this chapter],
the Administration is authorized to make -
"(i) $75,000,000 in technical assistance grants, as
provided in section 7(m) [section 636(m) of this title]; and
"(ii) $105,000,000 in direct loans, as provided in 7(m).
"(B) For the programs authorized by this Act, the
Administration is authorized to make $23,050,000,000 in
deferred participation loans and other financings. Of such sum,
the Administration is authorized to make -
"(i) $16,500,000,000 in general business loans, as provided
in section 7(a) [section 636(a) of this title];
"(ii) $6,000,000,000 in certified development company
financings, as provided in section 7(a)(13) and as provided
in section 504 of the Small Business Investment Act of 1958
[section 697a of this title];
"(iii) $500,000,000 in loans, as provided in section
7(a)(21); and
"(iv) $50,000,000 in loans, as provided in section 7(m).
"(C) For the programs authorized by title III of the Small
Business Investment Act of 1958 [subchapter III of chapter 14B
of this title], the Administration is authorized to make -
"(i) $4,250,000,000 in purchases of participating
securities; and
"(ii) $3,250,000,000 in guarantees of debentures.
"(D) For the programs authorized by part B of title IV of the
Small Business Investment Act of 1958 [part B of subchapter IV-
A of chapter 14B of this title], the Administration is
authorized to enter into guarantees not to exceed
$6,000,000,000, of which not more than 50 percent may be in
bonds approved pursuant to section 411(a)(3) of that Act
[section 694b(a)(3) of this title].
"(E) The Administration is authorized to make grants or enter
into cooperative agreements for a total amount of $7,000,000
for the Service Corps of Retired Executives program authorized
by section 8(b)(1) [section 637(b)(1) of this title].
"(2) Additional authorizations. -
"(A) There are authorized to be appropriated to the
Administration for fiscal year 2005 such sums as may be
necessary to carry out the provisions of this Act not elsewhere
provided for, including administrative expenses and necessary
loan capital for disaster loans pursuant to section 7(b)
[section 636(b) of this title], and to carry out the Small
Business Investment Act of 1958 [chapter 14B of this title],
including salaries and expenses of the Administration.
"(B) Notwithstanding any other provision of this paragraph,
for fiscal year 2005 -
"(i) no funds are authorized to be used as loan capital for
the loan program authorized by section 7(a)(21) except by
transfer from another Federal department or agency to the
Administration, unless the program level authorized for
general business loans under paragraph (1)(B)(i) is fully
funded; and
"(ii) the Administration may not approve loans on its own
behalf or on behalf of any other Federal department or
agency, by contract or otherwise, under terms and conditions
other than those specifically authorized under this Act or
the Small Business Investment Act of 1958, except that it may
approve loans under section 7(a)(21) of this Act in gross
amounts of not more than $2,000,000.
"(e) Fiscal Year 2006. -
"(1) Program levels. - The following program levels are
authorized for fiscal year 2006:
"(A) For the programs authorized by this Act [this chapter],
the Administration is authorized to make -
"(i) $80,000,000 in technical assistance grants, as
provided in section 7(m) [section 636(m) of this title]; and
"(ii) $110,000,000 in direct loans, as provided in 7(m).
"(B) For the programs authorized by this Act, the
Administration is authorized to make $25,050,000,000 in
deferred participation loans and other financings. Of such sum,
the Administration is authorized to make -
"(i) $17,000,000,000 in general business loans, as provided
in section 7(a) [section 636(a) of this title];
"(ii) $7,500,000,000 in certified development company
financings, as provided in section 7(a)(13) and as provided
in section 504 of the Small Business Investment Act of 1958
[section 697a of this title];
"(iii) $500,000,000 in loans, as provided in section
7(a)(21); and
"(iv) $50,000,000 in loans, as provided in section 7(m).
"(C) For the programs authorized by title III of the Small
Business Investment Act of 1958 [subchapter III of chapter 14B
of this title], the Administration is authorized to make -
"(i) $4,500,000,000 in purchases of participating
securities; and
"(ii) $3,500,000,000 in guarantees of debentures.
"(D) For the programs authorized by part B of title IV of the
Small Business Investment Act of 1958 [part B of subchapter IV-
A of chapter 14B of this title], the Administration is
authorized to enter into guarantees not to exceed
$6,000,000,000, of which not more than 50 percent may be in
bonds approved pursuant to section 411(a)(3) of that Act
[section 694b(a)(3) of this title].
"(E) The Administration is authorized to make grants or enter
into cooperative agreements for a total amount of $7,000,000
for the Service Corps of Retired Executives program authorized
by section 8(b)(1) [section 637(b)(1) of this title].
"(2) Additional authorizations. -
"(A) There are authorized to be appropriated to the
Administration for fiscal year 2006 such sums as may be
necessary to carry out the provisions of this Act not elsewhere
provided for, including administrative expenses and necessary
loan capital for disaster loans pursuant to section 7(b)
[section 636(b) of this title], and to carry out the Small
Business Investment Act of 1958 [chapter 14B of this title],
including salaries and expenses of the Administration.
"(B) Notwithstanding any other provision of this paragraph,
for fiscal year 2006 -
"(i) no funds are authorized to be used as loan capital for
the loan program authorized by section 7(a)(21) except by
transfer from another Federal department or agency to the
Administration, unless the program level authorized for
general business loans under paragraph (1)(B)(i) is fully
funded; and
"(ii) the Administration may not approve loans on its own
behalf or on behalf of any other Federal department or
agency, by contract or otherwise, under terms and conditions
other than those specifically authorized under this Act or
the Small Business Investment Act of 1958, except that it may
approve loans under section 7(a)(21) of this Act in gross
amounts of not more than $2,000,000.
"[(f) to (i) Repealed. Pub. L. 108-447, div. K, title I, Sec.
121(2), Dec. 8, 2004, 118 Stat. 3446.]
"(j) Fiscal Year 2004 Purchase and Guarantee Authority Under
Title III of Small Business Investment Act of 1958. - For fiscal
year 2004, for the programs authorized by title III of the Small
Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the
Administration is authorized to make -
"(1) $4,000,000,000 in purchases of participating securities;
and
"(2) $3,000,000,000 in guarantees of debentures."
LOAN APPLICATION PROCESSING
Pub. L. 106-554, Sec. 1(a)(9) [title VIII, Sec. 801], Dec. 21,
2000, 114 Stat. 2763, 2763A-702, provided that:
"(a) Study. - The Administrator of the Small Business
Administration shall conduct a study to determine the average time
that the Administration requires to process an application for each
type of loan or loan guarantee made under the Small Business Act
(15 U.S.C. 631 et seq.).
"(b) Transmittal. - Not later than 1 year after the date of the
enactment of this Act [Dec. 21, 2000], the Administrator shall
transmit to Congress the results of the study conducted under
subsection (a)."
SERVICE DISABLED VETERANS
Sections 701 to 704, 707, and 709 of title VII of Pub. L. 105-135
provided that:
"SEC. 701. PURPOSES.
"The purposes of this title [amending sections 631b, 636, and 637
of this title and enacting this note] are -
"(1) to foster enhanced entrepreneurship among eligible
veterans by providing increased opportunities;
"(2) to vigorously promote the legitimate interests of small
business concerns owned and controlled by eligible veterans; and
"(3) to ensure that those concerns receive fair consideration
in purchases made by the Federal Government.
"SEC. 702. DEFINITIONS.
"In this title:
"(1) Eligible veteran. - The term 'eligible veteran' means a
disabled veteran (as defined in section 4211(3) of title 38,
United States Code).
"(2) Small business concern owned and controlled by eligible
veterans. - The term 'small business concern owned and controlled
by eligible veterans' means a small business concern (as defined
in section 3 of the Small Business Act [15 U.S.C. 632]) -
"(A) that is at least 51 percent owned by 1 or more eligible
veterans, or in the case of a publicly owned business, at least
51 percent of the stock of which is owned by 1 or more eligible
veterans; and
"(B) whose management and daily business operations are
controlled by eligible veterans.
"SEC. 703. REPORT BY SMALL BUSINESS ADMINISTRATION.
"(a) Study and Report. -
"(1) In general. - Not later than 9 months after the date of
enactment of this Act [Dec. 2, 1997], the Administrator shall
conduct a comprehensive study and submit to the Committees a
final report containing findings and recommendations of the
Administrator on -
"(A) the needs of small business concerns owned and
controlled by eligible veterans;
"(B) the availability and utilization of Administration
programs by small business concerns owned and controlled by
eligible veterans;
"(C) the percentage, and dollar value, of Federal contracts
awarded to small business concerns owned and controlled by
eligible veterans in the preceding 5 fiscal years; and
"(D) methods to improve Administration and other agency
programs to serve the needs of small business concerns owned
and controlled by eligible veterans.
"(2) Contents. - The report under paragraph (1) shall include
recommendations to Congress concerning the need for legislation
and recommendations to the Office of Management and Budget,
relevant offices within the Administration, and the Department of
Veterans Affairs.
"(b) Conduct of Study. - In carrying out subsection (a), the
Administrator -
"(1) may conduct surveys of small business concerns owned and
controlled by eligible veterans and service disabled veterans,
including those who have sought financial assistance or other
services from the Administration;
"(2) shall consult with the appropriate committees of Congress,
relevant groups and organizations in the nonprofit sector, and
Federal or State government agencies; and
"(3) shall have access to any information within other Federal
agencies that pertains to such veterans and their small
businesses, unless such access is specifically prohibited by law.
"SEC. 704. INFORMATION COLLECTION.
"After the date of issuance of the report required by section
703(a), the Secretary of Veterans Affairs shall, in consultation
with the Assistant Secretary for Veterans' Employment and Training
and the Administrator, engage in efforts each fiscal year to
identify small business concerns owned and controlled by eligible
veterans in the United States. The Secretary shall inform each
small business concern identified under this section that
information on Federal procurement is available from the
Administrator.
"SEC. 707. ENTREPRENEURIAL TRAINING, COUNSELING, AND MANAGEMENT
ASSISTANCE.
"The Administrator shall take such actions as may be necessary to
ensure that small business concerns owned and controlled by
eligible veterans have access to programs established under the
Small Business Act [15 U.S.C. 631 et seq.] that provide
entrepreneurial training, business development assistance,
counseling, and management assistance to small business concerns,
including, among others, the Small Business Development Center
program and the Service Corps of Retired Executives (SCORE)
program.
"SEC. 709. OUTREACH FOR ELIGIBLE VETERANS.
"The Administrator, the Secretary of Veterans Affairs, and the
Assistant Secretary of Labor for Veterans' Employment and Training,
shall develop and implement a program of comprehensive outreach to
assist eligible veterans, which program shall include business
training and management assistance, employment and relocation
counseling, and dissemination of information on veterans' benefits
and veterans' entitlements."
TRANSITION REIMBURSEMENT
Pub. L. 103-403, title IV, Sec. 414, Oct. 22, 1994, 108 Stat.
4197, authorized payment, for a 90-day period of time, of
reasonable amounts of funds to pay salaries and expenses of members
and staff of the National Women's Business Council appointed on or
before Oct. 22, 1994.
BUY AMERICAN PREFERENCE IN PROVISION OF FINANCIAL ASSISTANCE
Pub. L. 102-366, title I, Sec. 103, Sept. 4, 1992, 106 Stat. 988,
provided that: "In providing financial assistance with amounts
appropriated pursuant to the amendments made by this Act [see Short
Title of 1992 Amendment note above], the Administrator of the Small
Business Administration shall, when practicable, accord preference
to small business concerns which use or purchase equipment and
supplies produced in the United States. The Administrator shall
also encourage small business concerns receiving such assistance to
purchase such equipment and supplies."
NATIONAL SEMINAR ON SMALL BUSINESS EXPORTS
Pub. L. 102-366, title II, Sec. 224, Sept. 4, 1992, 106 Stat.
1000, directed Small Business Administration to conduct a National
Seminar on Small Business Exports in Buffalo, New York, in
connection with the World University Games Buffalo '93 during July,
1993, in order to develop recommendations designed to stimulate
exports from small companies, with such Seminar to build upon the
information collected by Administration through previously
conducted regional small business trade conferences and prior
conference in State of Washington and to specifically consider
utility of, and make recommendations regarding, subsequent
International Conference on Small Business and Trade.
FEASIBILITY STUDY OF BUSINESS COOPERATION NETWORK
Pub. L. 101-574, title II, Sec. 233, Nov. 15, 1990, 104 Stat.
2825, directed Administrator of the Small Business Administration
to conduct a study of feasibility of establishing a business
cooperation system similar to Business Cooperation Network
developed by the European Economic Community, specified the purpose
of the study, and directed Administrator, not later than one year
after Nov. 15, 1990, to transmit to Congress a report containing
the results of the study together with recommendations for such
legislative and administrative actions as the Administrator
considered appropriate.
DEVELOPMENT OF WOMEN'S BUSINESS ENTERPRISE
Title IV of Pub. L. 100-533, Oct. 25, 1988, 102 Stat. 2694, as
amended, formerly set out as a note under this section, was
transferred to chapter 97 (Sec. 7101 et seq.) of this title.
DISADVANTAGED SMALL BUSINESSES
Section 504 of Pub. L. 100-533 provided that: "Nothing contained
in this Act [see Short Title of 1988 Amendment note above] is
intended to reduce or limit any programs, benefit, or activity that
is authorized by law to assist small business concerns owned and
controlled by socially and economically disadvantaged individuals
as defined pursuant to section 8(d)(3) of the Small Business Act
(15 U.S.C. 637(d)(3))."
GLOBALIZATION OF PRODUCTION; REPORT TO CONGRESS
Section 8009 of Pub. L. 100-418 directed Administrator of Small
Business Administration, within one year after Aug. 23, 1988, to
submit a written report to Committees on Small Business of House of
Representatives and Senate, prepared by Administration in
conjunction with Bureau of Census and in cooperation with other
relevant agencies, that would analyze to extent possible the effect
of increased outsourcing and other shifts in production
arrangements on small firms, particularly manufacturing firms,
within United States subcontractor tier and to extent that such
data is not available determine methods by which such data might be
collected; assess the impact of specific economic policies,
including, but not limited to, procurement, tax and trade policies,
in facilitating outsourcing and other international production
arrangements; and make recommendations as to changes in Government
policy that would improve competitive position of smaller United
States subcontractors, including recommendations as to incentives
which could be provided to larger corporations to maximize their
use of United States subcontractors and assist these subcontractors
in changing production and marketing strategies and in obtaining
new business in domestic and foreign markets.
NATIONAL SEMINAR ON SMALL BUSINESS EXPORTS
Section 8011 of Pub. L. 100-418 directed Small Business
Administration to conduct a National Seminar on Small Business
Exports within one year after Aug. 23, 1988, in order to develop
recommendations designed to stimulate exports from small companies.
APPOINTMENT OF ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION TO
TRADE POLICY COMMITTEE; SPECIAL TRADE ASSISTANT FOR SMALL BUSINESS
IN OFFICE OF UNITED STATES TRADE REPRESENTATIVE
Section 8012 of Pub. L. 100-418 provided that:
"It is the sense of the Congress that the interests of the small
business community have not been adequately represented in trade
policy formulation and in trade negotiations. Therefore, it is the
sense of the Congress that the Administrator of the Small Business
Administration should be appointed as a member of the Trade Policy
Committee and that the United States Trade Representative should
consult with the Small Business Administration and its Office of
Advocacy in trade policy formulation and in trade negotiations.
"Further, it is the sense of the Congress that the United States
Trade Representative would better serve the needs of the small
business community with full-time staff assistance with
responsibilities for small business trade issues.
"Further, it is the sense of the Congress that the United States
Trade Representative should appoint a special trade assistant for
small business."
WHITE HOUSE CONFERENCE ON SMALL BUSINESS
Pub. L. 101-409, Oct. 5, 1990, 104 Stat. 885, as amended by Pub.
L. 103-81, Sec. 10, Aug. 13, 1993, 107 Stat. 783, directed
President to conduct National White House Conference on Small
Business not earlier than May 1, 1995, and not later than Sept. 30,
1995, to increase public awareness of essential contribution of
small business, to identify obstacles to small business, to examine
status of women and minorities as small business owners, and to
develop specific recommendations for action to maintain and
encourage economic viability of small business, further provided
for creation of White House Conference on Small Business Commission
to oversee preparation for Conference, further provided for
selection of Conference participants as well as planning and
administration of Conference, further provided for final report to
be submitted not later than four months after convening of
Conference as well as annual follow-up reports by Small Business
Administration for three years after submission of final report,
and further provided for authorization of appropriations.
Pub. L. 98-276, May 8, 1984, 98 Stat. 169, directed President to
call and conduct a National White House Conference on Small
Business not later than Sept. 1, 1986, with Conference to submit a
final report to President and Congress not more than six months
from date on which Conference convened, and with that final report
to include finding and recommendations of Conference as well as
proposals for any legislative action necessary to implement
Conference's recommendations; and required Small Business
Administration to report to Congress annually during the 3-year
period following submission of final report on status and
implementation of findings and recommendations of Conference.
ASIAN PACIFIC AMERICANS AS DISADVANTAGED MINORITY IN 1978
Section 118(c)(1) of Pub. L. 96-302 provided that 1980 Amendment
of subsec. (e)(1)(C) by Pub. L. 96-302, Sec. 118(a), which included
Asian Pacific Americans among the disadvantaged minorities, shall
apply as if included in the 1978 Amendment made by Pub. L. 95-507,
Sec. 201, enacting subsec. (e) of this section.
ASSISTANCE TO AUTOMOBILE DEALERS; CONGRESSIONAL FINDINGS;
INVESTIGATION BY ADMINISTRATOR; REPORT TO CONGRESS
Pub. L. 96-185, Sec. 17, Jan. 7, 1980, 93 Stat. 1335, directed
Administrator of Small Business Administration to investigate
financial problems faced by small automobile dealers and determine
what assistance through loans and loan guarantees may be needed to
alleviate such problems and to report results of such investigation
to Senate and House of Representatives not later than sixty days
after Jan. 7, 1980.
EXECUTIVE ORDER NO. 11458
Ex. Ord. No. 11458, Mar. 5, 1969, 34 F.R. 4937, which related to
a national program for minority business enterprise, was superseded
by Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, set out below.
EX. ORD. NO. 11625. NATIONAL PROGRAM FOR MINORITY BUSINESS
ENTERPRISE
Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, as amended by
Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:
The opportunity for full participation in our free enterprise
system by socially and economically disadvantaged persons is
essential if we are to obtain social and economic justice for such
persons and improve the functioning of our national economy.
The Office of Minority Business Enterprise, established in 1969,
greatly facilitated the strengthening and expansion of our minority
enterprise program. In order to take full advantage of resources
and opportunities in the minority enterprise field, we now must
build on this foundation. One important way of improving our
efforts is by clarifying the authority of the Secretary of Commerce
(a) to implement Federal policy in support of the minority business
enterprise program; (b) provide additional technical and management
assistance to disadvantaged business; (c) to assist in
demonstration projects; and (d) to coordinate the participation of
all Federal departments and agencies in an increased minority
enterprise effort.
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, it is ordered as follows:
Section 1. Functions of the Secretary of Commerce. (a) The
Secretary of Commerce (hereinafter referred to as "the Secretary")
shall -
(1) Coordinate as consistent with law the plans, programs, and
operations of the Federal Government which affect or may contribute
to the establishment, preservation, and strengthening of minority
business enterprise.
(2) Promote the mobilization of activities and resources of State
and local governments, businesses and trade associations,
universities, foundations, professional organizations, and
volunteer and other groups towards the growth of minority business
enterprises, and facilitate the coordination of the efforts of
these groups with those of Federal departments and agencies.
(3) Establish a center for the development, collection,
summarization, and dissemination of information that will be
helpful to persons and organizations throughout the Nation in
undertaking or promoting the establishment and successful operation
of minority business enterprise.
(4) Within constraints of law and appropriations therefor, and
according to his discretion, provide financial assistance to public
and private organizations so that they may render technical and
management assistance to minority business enterprises, and defray
all or part of the costs of pilot or demonstration projects
conducted by public or private agencies or organizations which are
designed to overcome the special problems of minority business
enterprises or otherwise to further the purposes of this order.
(b) The Secretary, as he deems necessary or appropriate to enable
him to better fulfill the responsibilities vested in him by
subsection (a), may -
(1) With the participation of other Federal departments and
agencies as appropriate, develop comprehensive plans and specific
program goals for the minority enterprise program; establish
regular performance monitoring and reporting systems to assure that
goals are being achieved; and evaluate the impact of Federal
support in achieving the objectives established by this order.
(2) Require a coordinated review of all proposed Federal training
and technical assistance activities in direct support of the
minority enterprise program to assure consistency with program
goals and to avoid duplication.
(3) Convene, for purposes of coordination, meetings of the heads
of such departments and agencies, or their designees, whose
programs and activities may affect or contribute to the purposes of
this order.
(4) Convene business leaders, educators, and other
representatives of the private sector who are engaged in assisting
the development of minority business enterprise or who could
contribute to its development, for the purpose of proposing,
evaluating and coordinating governmental and private activities in
furtherance of the objectives of this order.
(5) Confer with and advise officials of State and local
governments.
(6) Provide the managerial and organizational framework through
which joint or collaborative undertakings with Federal departments
or agencies or private organizations can be planned and
implemented.
(7) Recommend appropriate legislative or executive actions.
Sec. 2. [Revoked by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R.
42839.]
Sec. 3. Responsibilities of Other Federal Departments and
Agencies. (a) The head of each Federal department and agency, or a
representative designated by him, when and in the manner so
requested by the Secretary, shall furnish information, assistance,
and reports to, and shall otherwise cooperate with, the Secretary
in the performance of his functions hereunder.
(b) The head of each Federal department or agency shall, when so
requested by the Secretary, designate his Under Secretary or such
other similar official to have primary and continuing
responsibility for the participation and cooperation of that
department or agency in matters concerning minority business
enterprise.
(c) The officials designated under the preceding paragraph, when
so requested, shall review and report to the Secretary upon the
policies and programs of the minority business enterprise program,
and shall keep the Secretary informed of all proposed budgets,
plans and programs of his department or agency affecting minority
business enterprise.
(d) The head of each Federal department or agency, or a
representative designated by him, shall, to the extent provided
under regulations issued by the Secretary after consultation with
the official designated in paragraph (b) above, report to the
Secretary on any activity that falls within the scope of the
minority business enterprise program as defined herein and in those
regulations.
(e) Each Federal department or agency shall, within constraints
of law and appropriations therefor, continue all current efforts to
foster and promote minority business enterprises and to support the
program herein set forth, and shall cooperate with the Secretary of
Commerce in increasing the total Federal effort.
Sec. 4. Reports. The Secretary shall, not later than 120 days
after the close of each fiscal year, submit to the President a full
report of his activities hereunder during the previous fiscal year.
Further, the Secretary shall, from time to time, submit to the
President his recommendations for legislation or other action as he
deems desirable to promote the purposes of this order. Each Federal
department or agency shall report to the Secretary as hereinabove
provided on a timely basis so that the Secretary may consider such
reports for his report and recommendations to the President. Each
Federal department or agency shall develop and implement systematic
data collection processes which will provide to the Office of
Minority Business Enterprise Information Center current data
helpful in evaluating and promoting the efforts herein described.
Sec. 5. Policies and Standards. The Secretary may establish such
policies, standards, definitions, criteria, and procedures to
govern the implementation, interpretation, and application of this
order, and generally perform such functions and take such steps as
he may deem to be necessary or appropriate to achieve the purposes
and carry out the provisions hereof.
Sec. 6. Definitions. For purposes of this order, the following
definitions shall apply:
(a) "Minority business enterprise" means a business enterprise
that is owned or controlled by one or more socially or economically
disadvantaged persons. Such disadvantage may arise from cultural,
racial, chronic economic circumstances or background or other
similar cause. Such persons include, but are not limited to,
Negroes, Puerto Ricans, Spanish-speaking Americans, American
Indians, Eskimos, and Aleuts.
(b) "State" means the States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the territories and
possessions of the United States, and the Trust Territory of the
Pacific Islands.
Sec. 7. Construction. Nothing in this order shall be construed as
subjecting any function vested in, or assigned pursuant to law to,
any Federal department or agency or head thereof to the authority
of any other agent or office exclusively, or as abrogating or
restricting any such function in any manner.
Sec. 8. Prior Executive Order. Executive Order No. 11458 of March
5, 1969, is hereby superseded.
ADVISORY COUNCIL FOR MINORITY ENTERPRISE
For provisions relating to termination of, see Ex. Ord. No.
12007, Aug. 22, 1977, 42 F.R. 42839, set out as a note under
section 14 of the Federal Advisory Committee Act, set out in the
Appendix to Title 5, Government Organization and Employees.
Term of the Advisory Council for Minority Enterprise extended
until Dec. 31, 1978, see Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R.
55705, set out as a note under section 14 of Pub. L. 92-463, Oct.
6, 1972, 86 Stat. 770, Title 5, Appendix, Government Organization
and Employees.
EXECUTIVE ORDER NO. 12061
Ex. Ord. No. 12061, May 18, 1978, 43 F.R. 21865, as amended by
Ex. Ord. No. 12091, Nov. 1, 1978, 43 F.R. 51373, which related to
the Small Business Conference Commission, was revoked by Ex. Ord.
No. 12258, Dec. 31, 1980, 46 F.R. 1251, set out as a note under
section 14 of the Appendix to Title 5, Government Organization and
Employees.
EXECUTIVE ORDER NO. 12269
Ex. Ord. No. 12269, Jan. 15, 1981, 46 F.R. 4673, which
established a seven member President's Committee on Small Business
Policy to advise the President on appropriate responses to the
recommendations of the White House Conference on Small Business,
designated the Administrator of the Small Business Administration
to perform the functions of the President under Federal advisory
committee provisions, and terminated the Committee on Dec. 31,
1982, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R.
7237.
EX. ORD. NO. 12432. MINORITY BUSINESS ENTERPRISE DEVELOPMENT
Ex. Ord. No. 12432, July 14, 1983, 48 F.R. 32551, provided:
By virtue of the authority vested in me as President by the
Constitution and laws of the United States of America, including
Section 205(a) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], in order to
provide guidance and oversight for programs for the development of
minority business enterprise pursuant to my statement of December
17, 1982 concerning Minority Business Development; and to implement
the commitment of the Federal government to the goal of encouraging
greater economic opportunity for minority entrepreneurs, it is
hereby ordered as follows:
Section 1. Minority Business Development Plans. (a) Minority
business enterprise development plans shall be developed by each
Federal agency having substantial procurement or grantmaking
authority. Such agencies shall submit these plans to the Cabinet
Council on Commerce and Trade on an annual basis.
(b) These annual plans shall establish minority enterprise
development objectives for the participating agencies and methods
for encouraging both prime contractors and grantees to utilize
minority business enterprises. The plans shall, to the extent
possible, build upon the programs administered by the Minority
Business Development Agency and the Small Business Administration,
including the goals established pursuant to Public Law 95-507 [see
Tables for classification].
(c) The Secretary of Commerce and the Administrator of the Small
Business Administration, in consultation with the Cabinet Council
on Commerce and Trade, shall establish uniform guidelines for all
Federal agencies to be utilized in establishing the minority
business programs set forth in Section 2 of this Order.
(d) The participating agencies shall furnish an annual report
regarding the implementation of their programs in such form as the
Cabinet Council on Commerce and Trade may request, and at such time
as the Secretary of Commerce shall designate.
(e) The Secretary of Commerce shall provide an annual report to
the President, through the Cabinet Council on Commerce and Trade,
on activities under this Order and agency implementation of
minority business development programs.
Sec. 2. Minority Business Development Responsibilities of Federal
Agencies. (a) To the extent permitted by law and consistent with
its primary mission, each Federal agency which is required to
develop a minority business development plan under Section 1 of
this Order shall, to accomplish the objectives set forth in its
plan, establish programs concerning provision of direct assistance,
procurement assistance, and management and technical assistance to
minority business enterprises.
(b) Each Federal agency shall, to the extent permitted by law and
consistent with its primary mission, establish minority business
development programs, consistent with Section 211 of Public Law 95-
507 [amending 15 U.S.C. 637(d)] to develop and implement incentive
techniques to encourage greater minority business subcontracting by
Federal prime contractors.
(c) Each Federal agency shall encourage recipients of Federal
grants and cooperative agreements to achieve a reasonable minority
business participation in contracts let as a result of its grants
and agreements. In cases where State and local governments are the
recipients, such encouragement shall be consistent with principles
of federalism.
(d) Each Federal agency shall provide the Cabinet Council on
Commerce and Trade such information as it shall request from time
to time concerning the agency's progress in implementing these
programs.
Ronald Reagan.
EX. ORD. NO. 12523. NATIONAL WHITE HOUSE CONFERENCE ON SMALL
BUSINESS
Ex. Ord. No. 12523, June 27, 1985, 50 F.R. 26963, provided:
By the authority vested in me as President by the Constitution
and laws of the United States of America, and in order to implement
the White House Conference on Small Business Authorization Act
(Public Law 98-276) [set out above] it is hereby ordered as
follows:
Notwithstanding the provisions of any other Executive order, the
functions of the President under the Federal Advisory Committee Act
[5 U.S.C. App.] applicable to the White House Conference on Small
Business Authorization Act, except that of reporting annually to
the Congress, shall be performed by the Administrator of the Small
Business Administration in accordance with the guidelines and
procedures established by the Administrator of General Services.
Ronald Reagan.
EX. ORD. NO. 12928. PROMOTING PROCUREMENT WITH SMALL BUSINESSES
OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS, HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, AND
MINORITY INSTITUTIONS
Ex. Ord. No. 12928, Sept. 16, 1994, 59 F.R. 48377, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, in order to enforce
rigorously the letter and spirit of public laws that promote
increased participation in Federal procurement by Small Businesses
Owned and Controlled by Socially and Economically Disadvantaged
Individuals (SDBs) as described in section 8 of the Small Business
Act (15 U.S.C. 637), Historically Black Colleges and Universities
(HBCUs) as described in 34 C.F.R. 608.2, and Minority Institutions
(MIs) as referred to in sections 1046(3) and 316(b)(1) of the
Higher Education Act of 1965, as amended (20 U.S.C. 1135d-5(3) and
1059c(b)(1), respectively), it is hereby ordered as follows:
Section 1. Policy Statement. It is the policy of the United
States Government that all department and agency heads and all
Federal employees involved in the procurement of any and all goods
and services shall assist SDBs, HBCUs, and MIs, as applicable, to
develop viable, self-sustaining businesses capable of competing on
an equal basis in the mainstream of the American economy. To that
end, all Federal personnel shall commit to the letter and spirit of
all laws promoting the participation of SDBs, HBCUs, and MIs in
Federal procurement. The laws promote:
(a) the award of contracts to SDBs, HBCUs, and MIs through the
Small Business Administration Section 8(a) [15 U.S.C. 637(a)]
Program, the Department of Defense Small and Disadvantaged Business
Program, other agency programs, and through other specific
statutory authority or appropriate means;
(b) the establishment of particular goals for SDBs, HBCUs, or MIs
on an agency-by-agency basis and the requirement that prime
contractors and other recipients of Federal funds attain similar
goals in their procurement; and
(c) the establishment of other mechanisms that ensure that SDBs,
HBCUs, and MIs have a fair opportunity to participate in Federal
procurement.
Sec. 2. Attainment of Goals. All departments and agencies are
required by law to establish participation goals of not less than 5
percent (15 U.S.C. 644(g)) or a greater percentage where otherwise
required by law, as further provided in the Office of Federal
Procurement Policy Letter No. 91-1 of March 11, 1991. Although the
Federal Government has made substantial strides toward meeting
established SDB, HBCU, and MI participation goals, certain
departments and agencies have from time to time failed to
aggressively pursue such goals. Department and agency heads are
henceforth directed to execute, implement, and otherwise
aggressively strive to fulfill the statutorily-mandated procurement
participation goals. In addition, all departments and agencies are
encouraged to set reasonable participation goals that exceed
statutory requirements, to the extent permitted by law.
Sec. 3. Subcontracting Plans. The Small Business Act, (15 U.S.C.
637(d)) and other related laws require certain prime contractors to
maximize the use of SDBs in subcontracting plans and strive to
achieve stated goals through prime contractors' subcontracting
practices. Department and agency heads are directed to aggressively
enforce these prime contractors' obligations to maximize awards of
subcontracts to eligible SDBs.
Sec. 4. Office of Small and Disadvantaged Business Utilization
("OSDBU").
(a) Section 15(k) of the Small Business Act (15 U.S.C. 644(k))
establishes in each Federal department and agency an OSDBU and
requires that the Director of the OSDBU "be responsible only to,
and report directly to, the head of such agency or to the deputy of
such head" (15 U.S.C. 644(k)(3)). To the extent not prohibited by
law, each department and agency shall ensure that the
aforementioned direct reporting requirements are henceforth
vigorously enforced.
(b) Because of the importance of the OSDBU function, each
department and agency shall also, to the extent not prohibited by
law, comply with the Office of Federal Procurement Policy Letter
No. 79-1 of March 7, 1979, which provides implementation guidance
on section 15k [15(k)] and the organizational placement and
functions of the OSDBU.
Sec. 5. Anti-fraud Enforcement. All department and agency heads
shall ensure that in enforcing the laws and requirements mentioned
in this order, Federal benefits or contracts intended for SDBs,
HBCUs, and MIs are not awarded to entities that are not legitimate
SDBs, HBCUs, and MIs. Department and agency anti-fraud enforcement,
however, shall not diminish agency vigor in achieving the
aforementioned participation goals, which exist to promote the
development of legitimate SDBs, HBCUs, and MIs. Nothing herein is
intended to change self-certification requirements.
Sec. 6. Periodic Reports to the President. The Administrator of
the Small Business Administration and the Administrator of the
Office of Federal Procurement Policy shall report to the President
periodically on the progress of all departments and agencies in
complying with the laws and requirements mentioned in this order.
Sec. 7. Independent Agencies. Independent agencies are requested
to comply with the provisions of this order.
Sec. 8. This order shall be effective immediately.
William J. Clinton.
EX. ORD. NO. 13169. ASSISTANCE TO SMALL BUSINESS EXPORTERS AND
DISLOCATED WORKERS
Ex. Ord. No. 13169, Oct. 6, 2000, 65 F.R. 60581, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the Small
Business Act, 15 U.S.C. 631 et seq., the Workforce Investment Act,
29 U.S.C. 2801 et seq., and the Trade Act of 1974, 19 U.S.C. 2271
et seq. [19 U.S.C. 2101 et seq.], and in order to assist small
businesses, including businesses headed by underserved populations,
in participating in the export of products, and to expedite the
delivery of adjustment assistance to dislocated workers, it is
hereby ordered as follows:
Section 1. Policy. By its accession to the World Trade
Organization, the People's Republic of China will be required to
open its markets to a wide range of products and services provided
by Americans. In addition, the United States has recently enacted a
new law to facilitate trade with the countries of Sub-Saharan
Africa and the Caribbean Basin. Federal agencies should take steps
to assist small businesses, including businesses headed by
underserved populations, in capitalizing on these new
opportunities. The agencies should also take steps to assist
workers who lose their jobs as a result of competition from imports
in their efforts to secure adjustment assistance benefits for which
they are eligible.
Sec. 2. Interagency Task Force on Small Business Exports. (a) The
Secretaries of Commerce and Labor, the Administrator of the Small
Business Administration, the United States Trade Representative,
and the Chairman of the Export-Import Bank shall, within 60 days
from the date of this order, establish an interagency task force
through the Trade Promotion Coordinating Committee (TPCC). The task
force shall facilitate exports by United States small businesses,
including businesses headed by underserved populations,
particularly with respect to the People's Republic of China and the
countries of Sub-Saharan Africa and the Caribbean Basin. The TPCC
shall submit an annual report to the President on the functions
carried out by this task force during the preceding year. As part
of its work, the task force shall assess the extent to which the
establishment of permanent normal trade relations with the People's
Republic of China, and the United States enactment of the African
Growth and Opportunity Act, 19 U.S.C.A. 3701 et seq., and the
United States-Caribbean Basin Trade Partnership Act, 19 U.S.C.A.
2701 note, may contribute to the creation of export opportunities
for small businesses including businesses headed by underserved
populations.
(b) For the purposes of this order, "businesses headed by
underserved populations" means businesses headed by women or
minorities, and/or located in rural communities.
Sec. 3. Expedited Response to Worker Dislocation. (a) The
Secretary of Labor shall expedite the Federal response to worker
dislocation through the Workforce Investment Act and the Trade
Adjustment Assistance program by proactively seeking information,
from a variety of sources, on actual or prospective layoffs,
including the media and community and labor union members, and by
sharing such information with appropriate state workforce
officials. In addition, the Department of Labor (Labor) shall
undertake a number of proactive steps to support public outreach
activities aimed at workers, employers, the media, local officials,
the community, and labor organizations and their members to improve
awareness of the adjustment assistance available through Labor
programs, including, but not limited to:
(1) developing a set of methods to inform employers of the
services available through Labor workforce programs, which will
explain the requirements of the Worker Adjustment and Retraining
Notification Act, 29 U.S.C. 2101 et seq., and provide information
on worker adjustment programs, including the Trade Adjustment
Assistance and the basic dislocated worker programs, emphasizing
the importance of early intervention to minimize the affects of
work layoffs;
(2) improving websites and other modes of communication to
provide basic information on dislocated worker and Trade
Adjustment Assistance program contacts at the State and local
level;
(3) developing a National Toll-Free Help Line to provide
universal, accurate, and easy access to information about public
workforce services to workers and employers;
(4) providing on-site technical assistance, in partnership with
other Federal agencies, when there are layoffs or closures with
multi-State impact, or when there are dislocations with
significant community impact (such as areas that have been
affected by numerous layoffs of apparel and textile workers);
(5) informing States directly when a secondary worker impact
has been affirmed by Labor; and
(6) to the extent permitted by law, and subject to the
availability of appropriations, providing funding or an outreach
campaign for secondary workers (i.e., individuals indirectly
affected by increased imports from other countries).
(b) The Secretary of Labor, in consultation with the Secretary of
Commerce and the United States Trade Representative, shall report
annually on the employment effects of the establishment of
permanent normal trade relations with the People's Republic of
China.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its officers, its employees, or any
other person.
William J. Clinton.
EX. ORD. NO. 13360. PROVIDING OPPORTUNITIES FOR SERVICE-DISABLED
VETERAN BUSINESSES TO INCREASE THEIR FEDERAL CONTRACTING AND
SUBCONTRACTING
Ex. Ord. No. 13360, Oct. 20, 2004, 69 F.R. 62549, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
strengthen opportunities in Federal contracting for service-
disabled veteran businesses, it is hereby ordered as follows:
Section 1. Policy. America honors the extraordinary service
rendered to the United States by veterans with disabilities
incurred or aggravated in the line of duty during active service
with the armed forces. Heads of agencies shall provide the
opportunity for service-disabled veteran businesses to
significantly increase the Federal contracting and subcontracting
of such businesses. To achieve that objective, agencies shall more
effectively implement section 15(g) of the Small Business Act (15
U.S.C. 644(g)), which provides that the President must establish a
goal of not less than 3 percent for participation by service-
disabled veteran businesses in Federal contracting, and section 36
of that Act (15 U.S.C. 657f), which gives agency contracting
officers the authority to reserve certain procurements for service-
disabled veteran businesses.
Sec. 2. Duties of Agency Heads. To implement the policy set forth
in section 1, heads of agencies shall:
(a) develop a strategy to implement the policy set forth in
section 1;
(b) make the agency's strategy publicly available and report
annually to the Administrator of the Small Business Administration
on implementation of the agency's strategy;
(c) designate a senior-level official who shall be responsible
for developing and implementing the agency's strategy;
(d) include development and implementation of the agency's
strategy and achievements in furtherance of the strategy as
significant elements in any performance plans of the agency's
designated agency senior-level official, chief acquisition officer,
and director of small and disadvantaged business utilization; and
(e) include in the agency's strategy plans for:
(i) reserving agency contracts exclusively for service-disabled
veteran businesses;
(ii) encouraging and facilitating participation by service-
disabled veteran businesses in competitions for award of agency
contracts;
(iii) encouraging agency contractors to subcontract with
service-disabled veteran businesses and actively monitoring and
evaluating agency contractors' efforts to do so;
(iv) training agency personnel on applicable law and policies
relating to participation of service-disabled veteran businesses
in Federal contracting; and
(v) disseminating information to service-disabled veteran
businesses that would assist these businesses in participating in
awards of agency contracts.
Sec. 3. Additional Duties of Administrator of the Small Business
Administration. The Administrator of the Small Business
Administration shall:
(a) designate an appropriate entity within the Small Business
Administration that shall, in coordination with the Veterans
Affairs' Center for Veterans Enterprise (CVE), provide to service-
disabled veteran businesses information and assistance concerning
participation in Federal contracting;
(b) advise and assist heads of agencies in their implementation
of section 2 of this order; and
(c) make available to service-disabled veteran businesses
training in Federal contracting law, procedures, and practices that
would assist such businesses in participating in Federal
contracting.
Sec. 4. Additional Duties of Administrator of General Services.
The Administrator of General Services shall:
(a) establish a Government-wide Acquisition Contract reserved for
participation by service-disabled veteran businesses; and
(b) assist service-disabled veteran businesses to be included in
Federal Supply Schedules.
Sec. 5. Additional Duties of the Secretary of Defense. The
Secretary of Defense shall direct the Defense Acquisition
University (DAU) to develop training on contracting with service-
disabled veteran businesses and make this training available on
line through the DAU continuous learning program.
Sec. 6. Additional Duties of the Secretary of Veterans Affairs.
The Secretary of Veterans Affairs shall assist agencies by making
available services of the CVE and assist in verifying the accuracy
of contractor registration databases with regard to service-
disabled veteran businesses.
Sec. 7. Additional Duties of the Secretary of Labor and Secretary
of Veterans Affairs. The Secretary of Labor and Secretary of
Veterans Affairs shall, respectively, direct the Transition
Assistance Program and the Disability Transition Assistance Program
to educate separating service members as to the benefits available
to service-disabled veteran businesses and as to potential
entrepreneurial opportunities.
Sec. 8. Definitions. As used in this order:
(a) the term "agency" means an "executive agency" as that term is
defined in section 105 of title 5, United States Code, excluding an
executive agency that has fewer than 500 employees, the Government
Accountability Office, or a Government corporation;
(b) the term "service-disabled" means, with respect to
disability, that the disability was incurred or aggravated in the
line of duty in the active service in the United States Armed
Forces;
(c) the term "service-disabled veteran" means a veteran, as
defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16);
(d) the term "service-disabled veteran business" means a small
business concern owned and controlled by service-disabled veterans,
as defined in section 3(q) of the Small Business Act (15 U.S.C.
632(q)); and
(e) the term "small business concern" has the meaning specified
in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and
the definitions and standards issued under that section.
Sec. 9. General Provisions. (a) Heads of agencies shall carry out
duties assigned by sections 3, 4, 5, 6, and 7 of this order to the
extent consistent with applicable law and subject to the
availability of appropriations.
(b) To the extent permitted by law, an agency shall disclose
personally identifying information on service-disabled veterans to
other agencies who require such information in order to discharge
their responsibilities under this order.
(c) An agency that consists of a multi-member commission shall
implement this order to the extent it determines appropriate to the
accomplishment of the agency's mission.
(d) This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, instrumentalities or entities, its officers, employees or
agents, or any other person.
George W. Bush.
DEFINITIONS
Pub. L. 105-135, Sec. 2, Dec. 2, 1997, 111 Stat. 2593, provided
that: "In this Act [see Short Title of 1997 Amendment note above] -

"(1) the term 'Administration' means the Small Business
Administration;
"(2) the term 'Administrator' means the Administrator of the
Small Business Administration;
"(3) the term 'Committees' means the Committees on Small
Business of the House of Representatives and the Senate
[Committee on Small Business of Senate now Committee on Small
Business and Entrepreneurship of Senate]; and
"(4) the term 'small business concern' has the meaning given
the term in section 3 of the Small Business Act (15 U.S.C. 632)."
Pub. L. 104-208, div. D, Sec. 2, Sept. 30, 1996, 110 Stat. 3009-
725, provided that: "For purposes of this Act [probably should be
"division", see Short Title of 1996 Amendment note above], the term
'Administrator' means the Administrator of the Small Business
Administration."
(!1) So in original. The period probably should be a semicolon.
(!2) So in original. Probably should be capitalized.
(!3) So in original. Probably should be "management".