−CITE− 15 USC CHAPTER 14A − AID TO SMALL BUSINESS 01/06/03 −EXPCITE− TITLE 15 − COMMERCE AND TRADE CHAPTER 14A − AID TO SMALL BUSINESS . −HEAD− CHAPTER 14A − AID TO SMALL BUSINESS −MISC1− Sec. 631. Declaration of policy. (a) Aid, counsel, assistance, etc., to small business concerns. (b) Assistance to compete in international markets. (c) Aid for agriculturally related industries; financial assistance. (d) Use of assistance programs to establish, preserve, and strengthen small business concerns. (e) Assistance to victims of floods, etc., and those displaced as result of federally aided construction programs. (f) Findings; purpose. (g) Assistance to disaster victims under disaster loan program.

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(h) Assistance to women owned business. (i) Prohibition on use of funds for individuals not lawfully within United States. (j) Contract bundling. 631a. Congressional declaration of small business economic policy. (a) Foster small business. (b) Capital availability to small business. 631b. Reports to Congress; state of small business. (a) Report on Small Business and Competition. (b) Appendix to report. (c) Supplementary reports. (d) Referral to Congressional committees. (e) Small business concerns owned by disadvantaged individuals and by women. 632. Small−business concern. (a) Criteria. (b) ''Agency'' defined. (c) Qualified employee trust; eligibility for loan guarantee; ''qualified employee trust'' defined; regulations for treatment of trust as qualified employee trust. (d) ''Qualified Indian tribe'' defined. (e) ''Public or private organization for the handicapped'' defined. (f) ''Handicapped individual'' defined. (g) ''Energy measures'' defined.

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(h) ''Credit elsewhere'' defined. (i) ''Homeowners'' defined. (j) ''Small agricultural cooperative'' defined. (k) ''Disaster'' defined. (l) ''Computer crime'' defined. (m) ''Simplified acquisition threshold'' defined. (n) ''Small business concern owned and controlled by women'' defined. (o) Definitions of bundling of contract requirements and related terms. (p) Definitions relating to HUBZones. (q) Definitions relating to veterans. 633. Small Business Administration. (a) Creation; principal, branch, and regional offices. (b) Appointment of Administrator, Deputy Administrator, and Associate Administrators; duties of Administrator: preparation of data base and publication of economic indices and annual report; risk management database; computer security and education program. (c) Revolving funds; disaster loan fund; business loan and investment fund; payments into funds; appropriations; reports to Congress; business−type budgets; borrowing authority: terms and conditions of notes, interest rate,

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public debt transactions; payments into miscellaneous receipts; authorization of appropriations for losses and interest subsidies. (d) Creation and composition of Loan Policy Board; establishment of policies. (e) Prohibition on provision of assistance. (f) Certification of compliance with child support obligations. 634. General powers. (a) Seal; appointment and compensation of personnel; use of other services and facilities. (b) Powers of Administrator. (c) Procurement of experts and consultants; compensation and expenses. (d) Safety deposit box rentals. (e) Undertaking or suspension of payment obligation; period; extension of maturity; repayment agreement; ''required payments'' defined. (f) Sale of guaranteed portion of loans by lender or subsequent holder; limitations; secondary market. (g) Trust certificates; guarantee of timely payments of principal and interest; full faith and credit of United States; collection of fees; subrogation.

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(h) Central registration of loans and trust certificates; contracts with agent; disclosures by sellers of guaranteed portions of loans; regulation of brokers and dealers; electronic registration. 634a. Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy. 634b. Primary functions of Office of Advocacy. 634c. Additional duties of Office of Advocacy. 634d. Staff and powers of Office of Advocacy. 634e. Assistance of Government agencies. 634f. Reports. 634g. Authorization of appropriations. 635. Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employees' compensation funds. 636. Additional powers. (a) Loans to small business concerns; allowable purposes; qualified business; restrictions and limitations. (b) Disaster loans; authorization, scope, terms and conditions, etc. (c) Extension or renewal of loans; purchase of participations; assumption of obligations; disaster loans; interest rates; loan amounts. (d) Funds for small business development centers under section 648 of this title.

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(e) (RESERVED). (f) (RESERVED). (g) Repealed. (h) Loans to handicapped persons and organizations for handicapped. (i) Loans to small business concerns located in urban or rural areas with high proportions of unemployed or low−income individuals, or owned by low−income individuals. (j) Financial assistance for projects providing technical or management assistance; areas of high concentration of unemployment or low−income; preferences; manner and method of payment; accessible services; program evaluations; establishment of development program; coordination of policies. (k) Functions relating to loans and financial assistance for projects providing technical or management assistance to individuals or enterprises eligible for assistance as small business concerns located in urban or rural areas with high proportions of unemployed or low−income individuals, or owned by low−income individuals. (l) (RESERVED). (m) Microloan Program.

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(n) Repayment deferred for active duty reservists. 636a. Repealed. 636b. Disaster loan interest rates. 636c. Age of applicant for disaster loans. 636d. Disaster aid to major sources of employment. (a) Loans to disaster areas. (b) Interest; deferred payments. 637. Additional powers. (a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes. (b) Procurement and property disposal powers; determination of small−business concerns. (c) (Reserved). (d) Performance of contracts by small business concerns; inclusion of required contract clause; subcontracting plans; contract eligibility; incentives; breach of contract; review; report to Congress. (e) Covered executive agency activities; procurement notice; publication; time limitations. (f) Contents of notice. (g) Exempted, etc., activities of executive agency.

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(h) Award of contracts; procedures other than competitive ones; exceptions. (i) Availability; complete solicitation package; fees. (j) ''Executive agency'' defined. (k) Notices of subcontracting opportunities. (l) Management assistance for small businesses affected by military operations. (m) Procurement program for women−owned small business concerns. (n) Business grants and cooperative agreements. 637a. Repealed. 637b. Availability of information. (a) Requests for information. (b) Exempt contracts. 637c. Definitions. 638. Research and development. (a) Declaration of policy. (b) Assistance to small−business concerns. (c) Consultation and cooperation with Government agencies; studies and recommendations. (d) Joint programs; approval of agreements; withdrawal of approval; publication in Federal Register. (e) Definitions. (f) Federal agency expenditures for SBIR program.

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(g) Administration of small business innovation research programs by Federal agencies required to establish such programs. (h) Establishment of goals for funding agreements for research or research and development to small business concerns by agencies having budgets for research and development. (i) Annual reporting. (j) Small Business Administration policy directives for the general conduct of small business innovation research programs. (k) Database. (l) Reporting of awards made from single proposal, to multiple award winners, or to critical technology topics. (m) Termination. (n) Required expenditures for STTR by Federal agencies. (o) Federal agency STTR authority. (p) STTR policy directive. (q) Discretionary technical assistance. (r) Third phase agreements. (s) Outreach. (t) Inclusion in strategic plans. (u) Coordination of technology development programs. (v) Simplified reporting requirements.

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(w) STTR model agreement for intellectual property rights. 639. Reporting requirements and agency cooperation. (a) Annual reports to President and Congressional officers and committees. (b) Report of expenditures in conduct of activities; contents; information to Congressional committees. (c) Repealed. (d) Annual report of Department of Defense. (e) Retention of records. (f) Consultation and cooperation with Government departments and agencies. (g) Annual report of employee conduct complaints received or acted upon and investigations undertaken by Administration. (h) Report to Congress on secondary market operations. 639a. Review of loan program; submission of estimated needs for additional authorization. 640. Voluntary agreements among small−business concerns. (a) Consultation with President. (b) Exemption from certain laws; findings and requests; filing and publication. (c) Delegation of authority; consultation; approval of requests.

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(d) Inapplicability of section when request or finding withdrawn. 641. Transfer to Administration of other functions, powers, and duties. 642. Requirements for loans. 643. Fair charge for use of Government−owned property. 644. Awards or contracts. (a) Determination. (b) Placement of contracts by contracting procurement agency. (c) Programs for blind and handicapped individuals. (d) Priority. (e) Procurement strategies; contract bundling. (f) Repealed. (g) Goals for participation of small business concerns in procurement contracts. (h) Reports to Administration; submittal of information to Congress. (i) Small business set−asides. (j) Small business reservation. (k) Office of Small and Disadvantaged Business Utilization; Director. (l) Breakout procurement center representatives. (m) Relationship to other procurement programs. (n) Determination of labor surplus areas. (o) Requirements for performance of contracts by

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employees of small business concerns. (p) Database, analysis, and annual report with respect to bundled contracts. 645. Offenses and penalties. (a) False statements; overvaluation of securities. (b) Embezzlement, etc. (c) Concealment, etc. (d) Misrepresentation, etc. (e) Representations under subsection (d) of this section to be in writing. (f) Misrepresentation of compliance with section 636(j)(10)(I). 646. Liens. 647. Duplication of activities of other Federal departments or agencies. (a) General prohibition; exception. (b) Definitions. 648. Small business development center program authorization. (a) Grants, contracts and cooperative agreements for establishment of small business development centers and for small business activities and purposes; role of Administration; non−Federal additional amount; amount of grant; eligibility. (b) Area plan inconsistent with applicant's plan: assistance unavailable 1981 through 1983; plan

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of applicant: submittal to Administration, action on plan, review by Administration, assistance to out−of−State businesses. (c) Problem−solving assistance; development center extension services; staff and access requirements; assistance services; changing services for evolving needs; qualified small business vendors; non−profit entities; cooperation with regional and local offices, etc.; information sharing system. (d) Enhancing export potential of businesses within State; State Office of International Trade. (e) Laboratory assistance; reimbursement for services. (f) National Science Foundation; cooperation with Administration and Small Business Development Centers; center support. (g) National Aeronautics and Space Administration and regional technology transfer centers. (h) Associate Administrator for Small Business Development Centers. (i) National Small Business Development Center Advisory Board; establishment; membership; term; Chairman; advisory and counseling functions; meetings; compensation. (j) Small business development center advisory board;

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establishment; chairman; conferences with director on policy. (k) Program examination and certification. (l) Contract authority. (m) Prohibition on certain fees. 648a. Repealed. 649. Office of International Trade. (a) Establishment. (b) Development of distribution network; marketing of programs and dissemination of information; bilingual job applicants. (c) Promotion of sales opportunities for goods and services abroad. (d) Access to export and pre−export financing programs. (e) Counseling small businesses; proceedings related to trade laws; access to trade remedy proceedings. (f) Annual reports to Congress. (g) Cooperative studies and reports to Congressional committees on selected issues; recommendations. 649a. Omitted. 649b. Grants, contracts and cooperative agreements for international marketing programs. (a) Limitations and restrictions. (b) Eligibility.

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(c) Advisory board establishment. (d) Grant requirements. (e) Program evaluation; reports. (f) Recipients' duty to furnish information. (g) ''Applicant'' defined. (h) Contract authority. 649c. Authorization of appropriations. 649d. Central information clearinghouse. 650. El Nino−related ocean conditions; disaster loan assistance to small business concerns in fishing industry. 651. National small business tree planting program. (a) Authorization of grants and contracts with States. (b) Establishment by Administrator. (c) Utilization of small business concerns in implementing program. (d) Cooperation of Federal agencies; technical services. (e) Authorization of appropriations. (f) Rules and regulations. (g) Definitions. (h) Annual report to President and Congress. 652. Central European Enterprise Development Commission. (a) Establishment. (b) Management and technical assistance to designated Central European countries.

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(c) Eligibility. (d) Initial meeting and organization. (e) Reimbursement for necessary expenses. (f) Meetings; quorum. (g) Authority; personnel. (h) Initial and annual reports to Congress. (i) Authorization of appropriations. 653. Office of Rural Affairs. (a) Establishment. (b) Appointment of director. (c) Functions. 654. Paul D. Coverdell drug−free workplace program. (a) Definitions. (b) Establishment. (c) Privacy protection for employees participating in drug−free workplace program. (d) Evaluation and coordination. (e) Contract authority. (f) Construction. (g) Authorization. 655. Pilot Technology Access Program. (a) Establishment. (b) Criteria for selection of Centers. (c) Matching requirement. (d) Purpose of awards. (e) Renewal of awards.

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(f) Interim report. (g) Final report. (h) Authorization of appropriations. (i) Funding from other sources; employment of Centers by Federal agencies. 656. Women's business center program. (a) Definitions. (b) Authority. (c) Conditions of participation. (d) Contract authority. (e) Submission of 5−year plan. (f) Criteria. (g) Office of Women's Business Ownership. (h) Program examination. (i) Contract authority. (j) Management report. (k) Authorization of appropriations. (l) Sustainability pilot program. 657. Oversight of regulatory enforcement. (a) Definitions. (b) SBA Enforcement Ombudsman. (c) Regional Small Business Regulatory Fairness Boards. (d) Powers of Boards. 657a. HUBZone program. (a) In general.

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(b) Eligible contracts. (c) Enforcement; penalties. (d) Authorization of appropriations. 657b. Veterans programs. (a) Office of Veterans Business Development. (b) Associate Administrator for Veterans Business Development. 657c. National Veterans Business Development Corporation. (a) Establishment. (b) Purposes of the Corporation. (c) Board of Directors. (d) Corporate powers. (e) Corporate funds. (f) Network of information and assistance centers. (g) Annual report. (h) Assumption of duties of advisory committee. (i) Use of mails. (j) Professional Certification Advisory Board. (k) Authorization of appropriations. 657d. Federal and State Technology Partnership Program. (a) Definitions. (b) Establishment of Program. (c) Grants and cooperative agreements. (d) Cooperation and coordination. (e) Administrative requirements. (f) Reports.

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(g) Reviews by Inspector General. (h) Program levels. (i) Termination. 657e. Mentoring Networks. (a) Findings. (b) Authorization for Mentoring Networks. (c) Criteria for Mentoring Networks. (d) Mentoring database. −SECREF− CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 662, 687 of this title; title 7 section 2000; title 10 section 2855; title 16 sections 472a, 535a, 539d; title 19 sections 2345, 2346; title 25 section 450j; title 38 section 3742; title 42 sections 7661f, 9607; title 49 sections 13709, 40110; title 50 App. section 2017l. −CITE− 15 USC Sec. 631 01/06/03 −EXPCITE− TITLE 15 − COMMERCE AND TRADE CHAPTER 14A − AID TO SMALL BUSINESS −HEAD− Sec. 631. Declaration of policy −STATUTE− (a) Aid, counsel, assistance, etc., to small business concerns The essence of the American economic system of private enterprise is free competition. Only through full and free competition can

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free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well−being but to the security of this Nation. Such security and well−being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small−business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small−business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. (b) Assistance to compete in international markets (1) It is the declared policy of the Congress that the Federal Government, through the Small Business Administration, acting in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by − (A) enhancing their ability to export; (B) facilitating technology transfers;

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(C) enhancing their ability to compete effectively and efficiently against imports; (D) increasing the access of small businesses to long−term capital for the purchase of new plant and equipment used in the production of goods and services involved in international trade; (E) disseminating information concerning State, Federal, and private programs and initiatives to enhance the ability of small businesses to compete in international markets; and (F) ensuring that the interests of small businesses are adequately represented in bilateral and multilateral trade negotiations. (2) The Congress recognizes that the Department of Commerce is the principal Federal agency for trade development and export promotion and that the Department of Commerce and the Small Business Administration work together to advance joint interests. It is the purpose of this chapter to enhance, not alter, their respective roles. (c) Aid for agriculturally related industries; financial assistance It is the declared policy of the Congress that the Government, through the Small Business Administration, should aid and assist small business concerns which are engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and the financial assistance programs authorized by this chapter are also to be used to assist such concerns. (d) Use of assistance programs to establish, preserve, and

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strengthen small business concerns (1) The assistance programs authorized by sections 636(i) and 636(j) of this title are to be utilized to assist in the establishment, preservation, and strengthening of small business concerns and improve the managerial skills employed in such enterprises, with special attention to small business concerns (1) located in urban or rural areas with high proportions of unemployed or low−income individuals; or (2) owned by low−income individuals; and to mobilize for these objectives private as well as public managerial skills and resources. (2)(A) With respect to the programs authorized by section 636(j) of this title, the Congress finds − (i) that ownership and control of productive capital is concentrated in the economy of the United States and certain groups, therefore, own and control little productive capital; (ii) that certain groups in the United States own and control little productive capital because they have limited opportunities for small business ownership; (iii) that the broadening of small business ownership among groups that presently own and control little productive capital is essential to provide for the well−being of this Nation by promoting their increased participation in the free enterprise system of the United States; (iv) that such development of business ownership among groups that presently own and control little productive capital will be greatly facilitated through the creation of a small business

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ownership development program, which shall provide services, including, but not limited to, financial, management, and technical assistance. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (v) that the power to let Federal contracts pursuant to section 637(a) of this title can be an effective procurement assistance tool for development of business ownership among groups that own and control little productive capital; and (vi) that the procurement authority under section 637(a) of this title shall be used only as a tool for developing business ownership among groups that own and control little productive capital. (B) It is therefore the purpose of the programs authorized by section 636(j) of this title to − (i) foster business ownership and development by individuals in groups that own and control little productive capital; and (ii) promote the competitive viability of such firms in the marketplace by creating a small business and capital ownership development program to provide such available financial, technical, and management assistance as may be necessary. (e) Assistance to victims of floods, etc., and those displaced as result of federally aided construction programs Further, it is the declared policy of the Congress that the Government should aid and assist victims of floods and other catastrophes, and small−business concerns which are displaced as a

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result of federally aided construction programs. (f) Findings; purpose (1) with (FOOTNOTE 2) respect to the Administration's business development programs the Congress finds − (FOOTNOTE 2) So in original. Probably should be capitalized. (A) that the opportunity for full participation in our free enterprise system by socially and economically disadvantaged persons is essential if we are to obtain social and economic equality for such persons and improve the functioning of our national economy; (B) that many such persons are socially disadvantaged because of their identification as members of certain groups that have suffered the effects of discriminatory practices or similar invidious circumstances over which they have no control; (C) that such groups include, but are not limited to, Black Americans, Hispanic Americans, Native Americans, Indian tribes, Asian Pacific Americans, Native Hawaiian Organizations, and other minorities; (D) that it is in the national interest to expeditiously ameliorate the conditions of socially and economically disadvantaged groups; (E) that such conditions can be improved by providing the maximum practicable opportunity for the development of small business concerns owned by members of socially and economically disadvantaged groups; (F) that such development can be materially advanced through

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the procurement by the United States of articles, equipment, supplies, services, materials, and construction work from such concerns; and (G) that such procurements also benefit the United States by encouraging the expansion of suppliers for such procurements, thereby encouraging competition among such suppliers and promoting economy in such procurements. (2) It is therefore the purpose of section 637(a) of this title to − (A) promote the business development of small business concerns owned and controlled by socially and economically disadvantaged individuals so that such concerns can compete on an equal basis in the American economy; (B) promote the competitive viability of such concerns in the marketplace by providing such available contract, financial, technical, and mangement (FOOTNOTE 3) assistance as may be necessary; and (FOOTNOTE 3) So in original. Probably should be ''management''. (C) clarify and expand the program for the procurement by the United States of articles, supplies, services, materials, and construction work from small business concerns owned by socially and economically disadvantaged individuals. (g) Assistance to disaster victims under disaster loan program In administering the disaster loan program authorized by section 636 of this title, to the maximum extent possible, the Administration shall provide assistance and counseling to disaster

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victims in filing applications, providing information relevant to loan processing, and in loan closing and prompt disbursement of loan proceeds and shall give the disaster program a high priority in allocating funds for administrative expenses. (h) Assistance to women owned business (1) With respect to the programs and activities authorized by this chapter, the Congress finds that − (A) women owned business has become a major contributor to the American economy by providing goods and services, revenues, and jobs; (B) over the past two decades there have been substantial gains in the social and economic status of women as they have sought economic equality and independence; (C) despite such progress, women, as a group, are subjected to discrimination in entrepreneurial endeavors due to their gender; (D) such discrimination takes many overt and subtle forms adversely impacting the ability to raise or secure capital, to acquire managerial talents, and to capture market opportunities; (E) it is in the national interest to expeditiously remove discriminatory barriers to the creation and development of small business concerns owned and controlled by women; (F) the removal of such barriers is essential to provide a fair opportunity for full participation in the free enterprise system by women and to further increase the economic vitality of the Nation; (G) increased numbers of small business concerns owned and

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controlled by women will directly benefit the United States Government by expanding the potential number of suppliers of goods and services to the Government; and (H) programs and activities designed to assist small business concerns owned and controlled by women must be implemented in such a way as to remove such discriminatory barriers while not adversely affecting the rights of socially and economically disadvantaged individuals. (2) It is, therefore, the purpose of those programs and activities conducted under the authority of this chapter that assist women entrepreneurs to − (A) vigorously promote the legitimate interests of small business concerns owned and controlled by women; (B) remove, insofar as possible, the discriminatory barriers that are encountered by women in accessing capital and other factors of production; and (C) require that the Government engage in a systematic and sustained effort to identify, define and analyze those discriminatory barriers facing women and that such effort directly involve the participation of women business owners in the public/private sector partnership. (i) Prohibition on use of funds for individuals not lawfully within United States None of the funds made available pursuant to this chapter may be used to provide any direct benefit or assistance to any individual in the United States if the Administrator or the official to which

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the funds are made available receives notification that the individual is not lawfully within the United States. (j) Contract bundling In complying with the statement of congressional policy expressed in subsection (a) of this section, relating to fostering the participation of small business concerns in the contracting opportunities of the Government, each Federal agency, to the maximum extent practicable, shall − (1) comply with congressional intent to foster the participation of small business concerns as prime contractors, subcontractors, and suppliers; (2) structure its contracting requirements to facilitate competition by and among small business concerns, taking all reasonable steps to eliminate obstacles to their participation; and (3) avoid unnecessary and unjustified bundling of contract requirements that precludes small business participation in procurements as prime contractors. −SOURCE− (Pub. L. 85−536, Sec. 2(2), July 18, 1958, 72 Stat. 384; Pub. L. 87−70, title III, Sec. 305(b), June 30, 1961, 75 Stat. 167; Pub. L. 87−305, Sec. 6, Sept. 26, 1961, 75 Stat. 667; Pub. L. 93−386, Sec. 2(a)(1), Aug. 23, 1974, 88 Stat. 742; Pub. L. 94−305, title I, Sec. 112(a), June 4, 1976, 90 Stat. 667; Pub. L. 95−507, title II, Sec. 201, 203, Oct. 24, 1978, 92 Stat. 1760, 1763; Pub. L. 96−302, title I, Sec. 118(a), July 2, 1980, 94 Stat. 840; Pub. L. 99−272, title

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XVIII, Sec. 18015(a), Apr. 7, 1986, 100 Stat. 370; Pub. L. 100−418, title VIII, Sec. 8002, Aug. 23, 1988, 102 Stat. 1553; Pub. L. 100−533, title I, Sec. 101, Oct. 25, 1988, 102 Stat. 2689; Pub. L. 100−590, title I, Sec. 118, Nov. 3, 1988, 102 Stat. 2999; Pub. L. 100−656, title II, Sec. 204, 207(b), Nov. 15, 1988, 102 Stat. 3859, 3861; Pub. L. 101−37, Sec. 6(c), June 15, 1989, 103 Stat. 72; Pub. L. 103−403, title VI, Sec. 609, Oct. 22, 1994, 108 Stat. 4204; Pub. L. 105−135, title IV, Sec. 411, Dec. 2, 1997, 111 Stat. 2617.) −COD− CODIFICATION This chapter was originally enacted as title II of act July 30, 1953, ch. 282, 67 Stat. 232, and designated as the ''Small Business Act of 1953''. Title II of act July 30, 1953, was amended by acts June 30, 1955, ch. 251, Sec. 4, 69 Stat. 225; Aug. 9, 1955, ch. 628, 69 Stat. 547; Feb. 2, 1956, ch. 29, Sec. 1, 2, 70 Stat. 10; Pub. L. 85−4, Sec. 1, 2, Feb. 11, 1957, 71 Stat. 1; Pub. L. 85−120, Sec. 1, 2, Aug. 3, 1957, 71 Stat. 341; Pub. L. 85−335, Feb. 22, 1958, 72 Stat. 27. Section 1 of Pub. L. 85−536 withdrew title II of act July 30, 1953, as part of that act, and made title II a separate act to be known as the ''Small Business Act''. The Small Business Act, as amended by Pub. L. 85−536, is classified to this chapter. −MISC3− AMENDMENTS 1997 − Subsec. (j). Pub. L. 105−135 added subsec. (j). 1994 − Subsec. (i). Pub. L. 103−403 added subsec. (i).

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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.''

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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

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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,

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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).

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''(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

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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

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the date of its enactment (Aug. 23, 1988).'' EFFECTIVE DATE OF 1981 AMENDMENT Section 1918 of Pub. L. 97−35 provided that: ''Sections 1908, 1909, and 1913 of t

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