Regulation

§§ 617 to 619

TITLE 15—COMMERCE AND TRADE

related to the shipment of exports financed by the Government in United States vessels, was transferred to
section 1241–1 of Title 46, Appendix, Shipping, and was
subsequently repealed and restated as section 55304 of
Title 46, Shipping, by Pub. L. 109–304, §§ 8(c), 19, Oct. 6,
2006, 120 Stat. 1586, 1710.

§§ 617 to 619. Repealed or Omitted
Section 617, act Jan. 22, 1932, ch. 8, § 17, 47 Stat. 12,
was omitted by act June 30, 1947, ch. 166, title I, § 1, 61
Stat. 202, which generally amended the Reconstruction
Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47
Stat. 5.
Section 618, act June 30, 1947, ch. 166, title II, § 208, 61
Stat. 209, related to purchase and sale of surplus property, and was repealed by act of May 25, 1948, ch. 334,
§ 7, 62 Stat. 265.
Section 619, act July 29, 1947, ch. 346, title II, § 201, 61
Stat. 515, related to limitations on use of funds of the
Corporation, which Corporation was abolished by section 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22
FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out
preceding section 601 of this title.

CHAPTER 14A—AID TO SMALL BUSINESS
631.
631a.
631b.
631c.
632.
633.
633a.
634.
634a.
634b.
634c.
634d.
634e.
634f.
634g.
635.

636.
636a.
636b.
636c.
636d.
636e.
636f.

636g.
636h.
636i.
636j.
636k.
637.
637a.
637b.
637c.
638.
638a.

638b.
639.
639a.
640.

Sec.

641.
642.
643.
644.
645.
646.
647.
648.
648a.
648b.
649.
649a.
649b.

649c.
649d.
650.
651.
652.

Sec.

Declaration of policy.
Congressional declaration of small business
economic policy.
Reports to Congress; state of small business.
Small Business Manufacturing Task Force.
Small-business concern.
Small Business Administration.
Detailed justification for proposed changes in
budget requests.
General powers.
Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy.
Primary functions of Office of Advocacy.
Additional duties of Office of Advocacy.
Staff and powers of Office of Advocacy.
Assistance of Government agencies.
Reports.
Budgetary line item and authorization of appropriations.
Deposit of moneys; depositaries, custodians,
and fiscal agents; contributions to employees’ compensation funds.
Additional powers.
Repealed.
Disaster loan interest rates.
Age of applicant for disaster loans.
Disaster aid to major sources of employment.
Definitions.
Coordination of efforts between the Administrator and the Internal Revenue Service to
expedite loan processing.
Development and implementation of major
disaster response plan.
Disaster planning responsibilities.
Small business bonding threshold.
Expedited disaster assistance loan program.
Reports on disaster assistance.
Additional powers.
Repealed.
Availability of information.
Definitions.
Research and development.
GAO study with respect to venture capital operating company, hedge fund, and private
equity firm involvement.
Reducing vulnerability of SBIR and STTR
Programs to fraud, waste, and abuse.
Reporting requirements and agency cooperation.
Review of loan program; submission of estimated needs for additional authorization.
Voluntary agreements among small-business
concerns.

Page 662

653.
654.
655.
656.
657.
657a.
657b.
657c.
657d.
657e.
657f.

657g.
657h.
657i.
657j.
657k.
657l.
657m.
657n.
657o.
657p.
657q.

Transfer to Administration of other functions, powers, and duties.
Requirements for loans.
Fair charge for use of Government-owned
property.
Awards or contracts.
Offenses and penalties.
Liens.
Duplication of activities of other Federal departments or agencies.
Small business development center program
authorization.
Repealed.
Grants for SBDCs.
Office of International Trade.
Omitted.
Grants, contracts and cooperative agreements for international marketing programs.
Authorization of appropriations.
Central information clearinghouse.
Supervisory and enforcement authority for
small business lending companies.
National small business tree planting program.
Central European Enterprise Development
Commission.
Office of Rural Affairs.
Paul D. Coverdell drug-free workplace program.
Pilot Technology Access Program.
Women’s business center program.
Oversight of regulatory enforcement.
HUBZone program.
Veterans programs.
National Veterans Business Development
Corporation.
Federal and State Technology Partnership
Program.
Mentoring Networks.
Procurement program for small business concerns owned and controlled by service-disabled veterans.
Participation in federally funded projects.
Small business energy efficiency.
Coordination of disaster assistance programs
with FEMA.
Information tracking and follow-up system
for disaster assistance.
Disaster processing redundancy.
Comprehensive disaster response plan.
Plans to secure sufficient office space.
Immediate Disaster Assistance program.
Annual reports on disaster assistance.
Outreach regarding health insurance options
available to children.
Consolidation of contract requirements.

§ 631. Declaration of policy
(a) Aid, counsel, assistance, etc., to small business concerns
The essence of the American economic system
of private enterprise is free competition. Only
through full and free competition can free markets, free entry into business, and opportunities
for the expression and growth of personal initiative and individual judgment be assured. The
preservation and expansion of such competition
is basic not only to the economic well-being but
to the security of this Nation. Such security and
well-being cannot be realized unless the actual
and potential capacity of small business is encouraged and developed. It is the declared policy
of the Congress that the Government should aid,
counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in

Page 663

TITLE 15—COMMERCE AND TRADE

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 Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and
other relevant State and Federal agencies,
should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—
(A) enhancing their ability to export;
(B) facilitating technology transfers;
(C) enhancing their ability to compete effectively and efficiently against imports;
(D) increasing the access of small businesses
to long-term capital for the purchase of new
plant and equipment used in the production of
goods and services involved in international
trade;
(E) disseminating information concerning
State, Federal, and private programs and initiatives to enhance the ability of small businesses to compete in international markets;
and
(F) ensuring that the interests of small businesses are adequately represented in bilateral
and multilateral trade negotiations.
(2) The Congress recognizes that the Department of Commerce is the principal Federal
agency for trade development and export promotion and that the Department of Commerce
and the Small Business Administration work together to advance joint interests. It is the purpose of this chapter to enhance, not alter, their
respective roles.
(c) Aid for agriculturally related industries; financial assistance
It is the declared policy of the Congress that
the Government, through the Small Business
Administration, should aid and assist small
business concerns which are engaged in the production of food and fiber, ranching, and raising
of livestock, aquaculture, and all other farming
and agricultural related industries; and the financial assistance programs authorized by this
chapter are also to be used to assist such concerns.
(d) Use of assistance programs to establish, preserve, and strengthen small business concerns
(1) The assistance programs authorized by sections 636(i) and 636(j) of this title are to be utilized to assist in the establishment, preservation, and strengthening of small business concerns and improve the managerial skills employed in such enterprises, with special atten-

§ 631

tion to small business concerns (1) located in
urban or rural areas with high proportions of
unemployed or low-income individuals; or (2)
owned by low-income individuals; and to mobilize for these objectives private as well as public
managerial skills and resources.
(2)(A) With respect to the programs authorized
by section 636(j) of this title, the Congress
finds—
(i) that ownership and control of productive
capital is concentrated in the economy of the
United States and certain groups, therefore,
own and control little productive capital;
(ii) that certain groups in the United States
own and control little productive capital because they have limited opportunities for
small business ownership;
(iii) that the broadening of small business
ownership among groups that presently own
and control little productive capital is essential to provide for the well-being of this Nation by promoting their increased participation in the free enterprise system of the
United States;
(iv) that such development of business ownership among groups that presently own and
control little productive capital will be greatly facilitated through the creation of a small
business ownership development program,
which shall provide services, including, but
not limited to, financial, management, and
technical assistance.1
(v) that the power to let Federal contracts
pursuant to section 637(a) of this title can be
an effective procurement assistance tool for
development of business ownership among
groups that own and control little productive
capital; and
(vi) that the procurement authority under
section 637(a) of this title shall be used only as
a tool for developing business ownership
among groups that own and control little productive capital.
(B) It is therefore the purpose of the programs
authorized by section 636(j) of this title to—
(i) foster business ownership and development by individuals in groups that own and
control little productive capital; and
(ii) promote the competitive viability of
such firms in the marketplace by creating a
small business and capital ownership development program to provide such available financial, technical, and management assistance as
may be necessary.
(e) Assistance to victims of floods, etc., and those
displaced as result of federally aided construction programs
Further, it is the declared policy of the Congress that the Government should aid and assist
victims of floods and other catastrophes, and
small-business concerns which are displaced as a
result of federally aided construction programs.
(f) Findings; purpose
(1) with 2 respect to the Administration’s business development programs the Congress finds—
(A) that the opportunity for full participation in our free enterprise system by socially
1 So
2 So

in original. The period probably should be a semicolon.
in original. Probably should be capitalized.

§ 631

TITLE 15—COMMERCE AND TRADE

and economically disadvantaged persons is essential if we are to obtain social and economic
equality for such persons and improve the
functioning of our national economy;
(B) that many such persons are socially disadvantaged because of their identification as
members of certain groups that have suffered
the effects of discriminatory practices or similar invidious circumstances over which they
have no control;
(C) that such groups include, but are not
limited to, Black Americans, Hispanic Americans, Native Americans, Indian tribes, Asian
Pacific Americans, Native Hawaiian Organizations, and other minorities;
(D) that it is in the national interest to expeditiously ameliorate the conditions of socially and economically disadvantaged groups;
(E) that such conditions can be improved by
providing the maximum practicable opportunity for the development of small business
concerns owned by members of socially and
economically disadvantaged groups;
(F) that such development can be materially
advanced through the procurement by the
United States of articles, equipment, supplies,
services, materials, and construction work
from such concerns; and
(G) that such procurements also benefit the
United States by encouraging the expansion of
suppliers for such procurements, thereby encouraging competition among such suppliers
and promoting economy in such procurements.
(2) It is therefore the purpose of section 637(a)
of this title to—
(A) promote the business development of
small business concerns owned and controlled
by socially and economically disadvantaged
individuals so that such concerns can compete
on an equal basis in the American economy;
(B) promote the competitive viability of
such concerns in the marketplace by providing
such available contract, financial, technical,
and mangement 3 assistance as may be necessary; and
(C) clarify and expand the program for the
procurement by the United States of articles,
supplies, services, materials, and construction
work from small business concerns owned by
socially and economically disadvantaged individuals.
(g) Assistance to disaster victims under disaster
loan program
In administering the disaster loan program
authorized by section 636 of this title, to the
maximum extent possible, the Administration
shall provide assistance and counseling to disaster victims in filing applications, providing information relevant to loan processing, and in
loan closing and prompt disbursement of loan
proceeds and shall give the disaster program a
high priority in allocating funds for administrative expenses.
(h) Assistance to women owned business
(1) With respect to the programs and activities
authorized by this chapter, the Congress finds
that—
3 So

in original. Probably should be ‘‘management’’.

Page 664

(A) women owned business has become a
major contributor to the American economy
by providing goods and services, revenues, and
jobs;
(B) over the past two decades there have
been substantial gains in the social and economic status of women as they have sought
economic equality and independence;
(C) despite such progress, women, as a group,
are subjected to discrimination in entrepreneurial endeavors due to their gender;
(D) such discrimination takes many overt
and subtle forms adversely impacting the ability to raise or secure capital, to acquire managerial talents, and to capture market opportunities;
(E) it is in the national interest to expeditiously remove discriminatory barriers to the
creation and development of small business
concerns owned and controlled by women;
(F) the removal of such barriers is essential
to provide a fair opportunity for full participation in the free enterprise system by women
and to further increase the economic vitality
of the Nation;
(G) increased numbers of small business concerns owned and controlled by women will directly benefit the United States Government
by expanding the potential number of suppliers of goods and services to the Government;
and
(H) programs and activities designed to assist small business concerns owned and controlled by women must be implemented in
such a way as to remove such discriminatory
barriers while not adversely affecting the
rights of socially and economically disadvantaged individuals.
(2) It is, therefore, the purpose of those programs and activities conducted under the authority of this chapter that assist women entrepreneurs to—
(A) vigorously promote the legitimate interests of small business concerns owned and controlled by women;
(B) remove, insofar as possible, the discriminatory barriers that are encountered by
women in accessing capital and other factors
of production; and
(C) require that the Government engage in a
systematic and sustained effort to identify,
define and analyze those discriminatory barriers facing women and that such effort directly involve the participation of women
business owners in the public/private sector
partnership.
(i) Prohibition on use of funds for individuals
not lawfully within United States
None of the funds made available pursuant to
this chapter may be used to provide any direct
benefit or assistance to any individual in the
United States if the Administrator or the official to which the funds are made available receives notification that the individual is not
lawfully within the United States.
(j) Contract bundling
In complying with the statement of congressional policy expressed in subsection (a) of this
section, relating to fostering the participation

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TITLE 15—COMMERCE AND TRADE

of small business concerns in the contracting
opportunities of the Government, each Federal
agency, to the maximum extent practicable,
shall—
(1) comply with congressional intent to foster the participation of small business concerns as prime contractors, subcontractors,
and suppliers;
(2) structure its contracting requirements to
facilitate competition by and among small
business concerns, taking all reasonable steps
to eliminate obstacles to their participation;
and
(3) avoid unnecessary and unjustified bundling of contract requirements that precludes
small business participation in procurements
as prime contractors.
(Pub. L. 85–536, § 2[2], July 18, 1958, 72 Stat. 384;
Pub. L. 87–70, title III, § 305(b), June 30, 1961, 75
Stat. 167; Pub. L. 87–305, § 6, Sept. 26, 1961, 75
Stat. 667; Pub. L. 93–386, § 2(a)(1), Aug. 23, 1974, 88
Stat. 742; Pub. L. 94–305, title I, § 112(a), June 4,
1976, 90 Stat. 667; Pub. L. 95–507, title II, §§ 201,
203, Oct. 24, 1978, 92 Stat. 1760, 1763; Pub. L.
96–302, title I, § 118(a), July 2, 1980, 94 Stat. 840;
Pub. L. 99–272, title XVIII, § 18015(a), Apr. 7, 1986,
100 Stat. 370; Pub. L. 100–418, title VIII, § 8002,
Aug. 23, 1988, 102 Stat. 1553; Pub. L. 100–533, title
I, § 101, Oct. 25, 1988, 102 Stat. 2689; Pub. L.
100–590, title I, § 118, Nov. 3, 1988, 102 Stat. 2999;
Pub. L. 100–656, title II, §§ 204, 207(b), Nov. 15,
1988, 102 Stat. 3859, 3861; Pub. L. 101–37, § 6(c),
June 15, 1989, 103 Stat. 72; Pub. L. 103–403, title
VI, § 609, Oct. 22, 1994, 108 Stat. 4204; Pub. L.
105–135, title IV, § 411, Dec. 2, 1997, 111 Stat. 2617;
Pub. L. 111–240, title I, § 1203(d), Sept. 27, 2010, 124
Stat. 2522.)
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, § 4, 69
Stat. 225; Aug. 9, 1955, ch. 628, 69 Stat. 547; Feb. 2, 1956,
ch. 29, §§ 1, 2, 70 Stat. 10; Pub. L. 85–4, Feb. 11, 1957, 71
Stat. 4; Pub. L. 85–120, §§ 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
2010—Subsec. (b)(1). Pub. L. 111–240, in introductory
provisions, inserted ‘‘the Administrator of’’ before ‘‘the
Small Business Administration’’ and ‘‘through the Associate Administrator for International Trade, and’’ before ‘‘in cooperation with’’.
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, § 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, § 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

§ 631

Congress and the intervening redesignation of subsec.
(c) as (d) by Pub. L. 100–418.
Subsec. (d)(2)(B). Pub. L. 100–656, § 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, § 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, § 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, § 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, § 203, designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Pub. L. 95–507, § 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
Pub. L. 105–135, § 3, Dec. 2, 1997, 111 Stat. 2593, 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
Pub. L. 101–37, § 32, June 15, 1989, 103 Stat. 77, 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
Pub. L. 100–656, title VIII, § 803, Nov. 15, 1988, 102 Stat.
3899, as amended by Pub. L. 101–37, § 31, June 15, 1989, 103
Stat. 76, provided that:

§ 631

TITLE 15—COMMERCE AND TRADE

‘‘(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).’’
Pub. L. 100–590, title I, § 137, Nov. 3, 1988, 102 Stat.
3007, 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.’’

Page 666

Pub. L. 100–418, title VIII, § 8014, Aug. 23, 1988, 102
Stat. 1563, 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
Pub. L. 97–35, title XIX, § 1918, Aug. 13, 1981, 95 Stat.
781, 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
Pub. L. 96–302, title V, § 507, July 2, 1980, 94 Stat. 854,
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 2011 AMENDMENT
Pub. L. 112–81, div. E, title L, § 5001, Dec. 31, 2011, 125
Stat. 1822, provided that: ‘‘This division [enacting sections 638a and 638b of this title, amending sections 632
and 638 of this title, enacting provisions set out as
notes under sections 638 and 638b of this title, and
amending provisions set out as a note under section 638
of this title] may be cited as the ‘SBIR/STTR Reauthorization Act of 2011’.’’
Pub. L. 112–17, § 1, June 1, 2011, 125 Stat. 221, provided
that: ‘‘This Act [amending section 638 of this title] may
be cited as the ‘Small Business Additional Temporary
Extension Act of 2011’.’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–240, § 1, Sept. 27, 2010, 124 Stat. 2504, provided that: ‘‘This Act [enacting sections 634g, 648b, and
657q of this title, chapter 54 and section 4713a of Title
12, Banks and Banking, and section 1320a–7m of Title 42,
The Public Health and Welfare, amending this section,
sections 278k, 632 to 634, 634c, 636, 637, 644, 648, 649, 656,
657a, 689d, 695, and 696 of this title, section 604 of Title
5, Government Organization and Employees, section
2382 of Title 10, Armed Forces, and sections 38 to 40, 55,
72, 162, 168, 179, 195, 280F, 402A, 460, 861, 862, 864, 1202,
1374, 1400L, 1400N, 6041, 6330, 6707A, 6721, and 6722 of
Title 26, Internal Revenue Code, repealing former section 634g of this title, enacting provisions set out as
notes under this section, sections 271, 278n, 632, 636, 637,
644, 649, 649b, and 696 of this title, sections 4741 and 5701
of Title 12, sections 1, 38 to 40, 72, 162, 168, 179, 195, 280F,
402A, 460, 861, 1202, 1374, 6041, 6330, 6655, 6662A, 6707A, and
6721 of Title 26, and sections 428 and 433 of Title 41, Public Contracts, amending provisions set out as notes
under this section, and repealing provisions set out as
notes under section 644 of this title] may be cited as the
‘Small Business Jobs Act of 2010’.’’
Pub. L. 111–240, title I, § 1101, Sept. 27, 2010, 124 Stat.
2507, provided that: ‘‘This subtitle [subtitle A
(§§ 1101–1136) of title I of Pub. L. 111–240, enacting section 4713a of Title 12, Banks and Banking, amending

Page 667

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sections 632, 634, 636, 689d, 695, and 696 of this title, and
enacting provisions set out as notes under sections 632,
636, and 696 of this title] may be cited as the ‘Small
Business Job Creation and Access to Capital Act of
2010’.’’
Pub. L. 111–240, title I, § 1201, Sept. 27, 2010, 124 Stat.
2520, provided that: ‘‘This subtitle [subtitle B
(§§ 1201–1209) of title I of Pub. L. 111–240, amending this
section and sections 632, 633, 636, 648, and 649 of this
title and enacting provisions set out as notes under sections 636, 649, and 649b of this title] may be cited as the
‘Small Business Export Enhancement and International Trade Act of 2010’.’’
SHORT TITLE OF 2008 AMENDMENT
Pub. L. 110–234, title XII, § 12051, May 22, 2008, 122
Stat. 1406, and Pub. L. 110–246, § 4(a), title XII, § 12051,
June 18, 2008, 122 Stat. 1664, 2168, provided that: ‘‘This
subtitle [subtitle B (§§ 12051–12091) of title XII of Pub. L.
110–246, enacting sections 636e to 636k and 657i to 657o of
this title, amending sections 632, 633, and 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 ‘Small
Business Disaster Response and Loan Improvements
Act of 2008’.’’
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical
provisions. Pub. L. 110–234 was repealed by section 4(a)
of Pub. L. 110–246, set out as a note under section 8701
of Title 7, Agriculture.]
Pub. L. 110–186, § 1, Feb. 14, 2008, 122 Stat. 623, provided
that: ‘‘This Act [amending sections 632, 636, 648, 657b,
and 657c of this title, enacting provisions set out as
notes under sections 636 and 637 of this title, and
amending provisions set out as a note under section
657b of this title] may be cited as the ‘Military Reservist and Veteran Small Business Reauthorization and
Opportunity Act of 2008’.’’
SHORT TITLE OF 2007 AMENDMENT
Pub. L. 110–28, title VIII, § 8301, May 25, 2007, 121 Stat.
204, provided that: ‘‘This subtitle [subtitle C
(§§ 8301–8306) of title VIII of Pub. L. 110–28, amending
section 656 of this title and section 10a of Title 41, Public Contracts, enacting provisions set out as notes
under section 656 of this title and section 9858 of Title
42, The Public Health and Welfare, and amending provisions set out as a note under section 601 of Title 5, Government Organization and Employees] may be cited as
the ‘Small Business and Work Opportunity Act of
2007’.’’
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108–447, div. K, § 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, § 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, § 1(a)(9) [§ 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’.’’

§ 631

Pub. L. 106–554, § 1(a)(9) [title I, § 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, § 1(a)(9) [title II, § 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, § 1(a)(9) [title V, § 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, § 1(a)(9) [title VI, subtitle A, § 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, § 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, § 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, § 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, § 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, § 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, § 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, § 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

§ 631

TITLE 15—COMMERCE AND TRADE

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’.’’
Pub. L. 105–135, title VI, § 601, Dec. 2, 1997, 111 Stat.
2627, 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, § 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, § 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, § 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, § 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’.’’

Page 668

the ‘Small Business Research and Development Enhancement Act of 1992’.’’
Pub. L. 102–564, title I, § 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, § 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, § 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, § 101, Sept. 4, 1992, 106 Stat. 987,
provided that: ‘‘This subtitle [subtitle A (§§ 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, § 111, Sept. 4, 1992, 106 Stat. 989,
provided that: ‘‘This subtitle [subtitle B (§§ 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, § 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, § 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, § 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 1992 AMENDMENTS

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 102–564, § 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

Pub. L. 101–37, § 1, June 15, 1989, 103 Stat. 70, 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’.’’

Page 669

§ 631

TITLE 15—COMMERCE AND TRADE
SHORT TITLE OF 1988 AMENDMENTS

Pub. L. 100–656, § 1(a), Nov. 15, 1988, 102 Stat. 3853, 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’.’’
Pub. L. 100–590, § 1(a), Nov. 3, 1988, 102 Stat. 2989, 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, § 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’.’’
Pub. L. 100–418, title VIII, § 8001, Aug. 23, 1988, 102
Stat. 1553, 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, § 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, § 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, § 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
Pub. L. 97–219, § 1, July 22, 1982, 96 Stat. 217, 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, § 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’.’’

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’.’’
Pub. L. 96–302, title II, § 201, July 2, 1980, 94 Stat. 843,
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’.’’
Pub. L. 96–302, title III, § 301, July 2, 1980, 94 Stat. 848,
provided that: ‘‘This title [enacting sections 631a and
631b of this title] may be cited as the ‘Small Business
Economic Policy Act of 1980’.’’
Pub. L. 96–302, title V, § 501, July 2, 1980, 94 Stat. 850,
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, § 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
Pub. L. 93–386, § 1, Aug. 23, 1974, 88 Stat. 742, 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
Pub. L. 90–104, title I, § 101, 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
Pub. L. 87–305, § 1, Sept. 26, 1961, 75 Stat. 666, 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
Pub. L. 85–536, § 2[1], July 18, 1958, 72 Stat. 384, provided that this chapter should be known as the ‘‘Small
Business Act’’.
REPEAL OF INCONSISTENT LAWS
Pub. L. 85–536, § 2[45], formerly § 2[21], July 18, 1958, 72
Stat. 396, renumbered § 2[30] by Pub. L. 96–302, title II,
§ 202, July 2, 1980, 94 Stat. 843; renumbered § 2[31] by
Pub. L. 104–121, title II, § 222(1), Mar. 29, 1996, 110 Stat.
860; renumbered § 2[32] by Pub. L. 105–135, title VI,
§ 602(b)(1)(A), Dec. 2, 1997, 111 Stat. 2629; renumbered
§ 2[34] by Pub. L. 106–50, title II, § 201(b)(1), Aug. 17, 1999,
113 Stat. 235; renumbered § 2[36] by Pub. L. 106–554,
§ 1(a)(9) [title I, § 111(b)(1)], Dec. 21, 2000, 114 Stat. 2763,
2763A–674; renumbered § 2[37] by Pub. L. 108–183, title
III, § 308, Dec. 16, 2003, 117 Stat. 2662; renumbered § 2[44]
by Pub. L. 110–234, title XII, § 12062(1), May 22, 2008, 122
Stat. 1407; Pub. L. 110–246, § 4(a), title XII, § 12062(1),
June 18, 2008, 122 Stat. 1664, 2169; renumbered § 2[45] by
Pub. L. 111–240, title I, § 1313(a)(1), Sept. 27, 2010, 124
Stat. 2538, provided that: ‘‘All laws and parts of laws inconsistent with this Act [this chapter] are hereby repealed to the extent of such inconsistency.’’

SHORT TITLE OF 1980 AMENDMENTS

REGULATIONS

Pub. L. 96–481, title I, § 110, Oct. 21, 1980, 94 Stat. 2323,
provided that: ‘‘This part [part B (§§ 110–113) of title I of

Pub. L. 105–135, title IV, § 417, Dec. 2, 1997, 111 Stat.
2620, provided that:

§ 631

TITLE 15—COMMERCE AND TRADE

‘‘(a) PROPOSED REGULATIONS.—Proposed amendments
to the Federal Acquisition Regulation or proposed
Small Business Administration regulations under this
subtitle [subtitle B (§§ 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
([former] 41 U.S.C. 418b) [now 41 U.S.C. 1707], 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.’’
Pub. L. 100–590, title I, § 136, Nov. 3, 1988, 102 Stat.
3007, 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].’’
Pub. L. 100–418, title VIII, § 8013, Aug. 23, 1988, 102
Stat. 1563, 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
Pub. L. 85–536, § 2[19], July 18, 1958, 72 Stat. 396, 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, § 2[20], July 18, 1958, 72 Stat. 396, as
amended by Pub. L. 87–341, § 11(h)(2), Oct. 3, 1961, 75
Stat. 757; Pub. L. 95–89, title I, § 102, Aug. 4, 1977, 91
Stat. 553; Pub. L. 95–315, §§ 5, 7, July 4, 1978, 92 Stat. 379;
Pub. L. 96–302, title I, §§ 101, 110, July 2, 1980, 94 Stat.
833, 837; Pub. L. 97–35, title XIX, §§ 1905, 1906, Aug. 13,
1981, 95 Stat. 772–777; Pub. L. 98–270, title III, §§ 302, 305,
Apr. 18, 1984, 98 Stat. 160, 161; Pub. L. 98–395, § 3, Aug. 21,
1984, 98 Stat. 1367; Pub. L. 99–272, title XVIII, §§ 18001,
18002, 18012, Apr. 7, 1986, 100 Stat. 361, 363, 369; Pub. L.
100–72, § 1, July 11, 1987, 101 Stat. 477; Pub. L. 100–418,
title VIII, §§ 8004, 8006(a), Aug. 23, 1988, 102 Stat. 1556,
1557; Pub. L. 100–590, title I, §§ 101, 135(1), (2), Nov. 3,
1988, 102 Stat. 2990, 3007; Pub. L. 101–574, title I, §§ 101,
102, Nov. 15, 1990, 104 Stat. 2815, 2817; Pub. L. 102–83,
§ 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–366, title
I, §§ 102, 115(a), title IV, §§ 405, 414, Sept. 4, 1992, 106 Stat.
987, 993, 1014, 1018; Pub. L. 103–81, § 2, Aug. 13, 1993, 107
Stat. 780; Pub. L. 103–282, § 1, July 22, 1994, 108 Stat. 1422;
Pub. L. 103–403, title I, § 101, Oct. 22, 1994, 108 Stat. 4176;
Pub. L. 104–208, div. D, title II, § 208(i)(2), Sept. 30, 1996,
110 Stat. 3009–747; Pub. L. 105–135, title I, § 101, title II,
§ 211, title VI, § 607, Dec. 2, 1997, 111 Stat. 2594, 2600, 2635;
Pub. L. 106–9, § 2(b), Apr. 5, 1999, 113 Stat. 17; Pub. L.
106–24, § 1(b), Apr. 27, 1999, 113 Stat. 39; Pub. L. 106–554,
§ 1(a)(8) [§ 1(c)], § 1(a)(9) [title V, § 502, title VIII, § 804(a)],
Dec. 21, 2000, 114 Stat. 2763, 2763A–664, 2763A–691,
2763A–703; Pub. L. 107–20, title II, § 2203(a), July 24, 2001,
115 Stat. 170; Pub. L. 108–217, § 3, Apr. 5, 2004, 118 Stat.
591; Pub. L. 108–447, div. K, title I, § 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

Page 670

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:

Page 671

TITLE 15—COMMERCE AND TRADE

‘‘(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—

§ 631

‘‘(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,
§ 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

§ 631

TITLE 15—COMMERCE AND TRADE

‘‘(2) $3,000,000,000 in guarantees of debentures.’’
LOAN APPLICATION PROCESSING
Pub. L. 106–554, § 1(a)(9) [title VIII, § 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—

Page 672

‘‘(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, § 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, § 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, § 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 busi-

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TITLE 15—COMMERCE AND TRADE

ness 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, § 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
Pub. L. 100–533, title IV, §§ 401–407, Oct. 25, 1988, 102
Stat. 2694, as amended, formerly set out as a note under
this section, was transferred to chapter 97 (§ 7101 et
seq.) of this title.
DISADVANTAGED SMALL BUSINESSES
Pub. L. 100–533, title V, § 504, Oct. 25, 1988, 102 Stat.
2698, 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
Pub. L. 100–418, title VIII, § 8009, Aug. 23, 1988, 102
Stat. 1561, 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
Pub. L. 100–418, title VIII, § 8011, Aug. 23, 1988, 102
Stat. 1562, 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
Pub. L. 100–418, title VIII, § 8012, Aug. 23, 1988, 102
Stat. 1563, provided that:

§ 631

‘‘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 fulltime 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, § 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
Pub. L. 96–302, title I, § 118(c)(1), July 2, 1980, 94 Stat.
840, provided that 1980 Amendment of subsec. (e)(1)(C)
by Pub. L. 96–302, § 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, § 201, enacting subsec. (e) of this section.
ASSISTANCE TO AUTOMOBILE DEALERS; CONGRESSIONAL
FINDINGS; INVESTIGATION BY ADMINISTRATOR; REPORT
TO CONGRESS
Pub. L. 96–185, § 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.

§ 631

TITLE 15—COMMERCE AND TRADE

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

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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,

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TITLE 15—COMMERCE AND TRADE

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].

§ 631

(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 sec-

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TITLE 15—COMMERCE AND TRADE

tion 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

Page 676

SDBs, HBCUs, and MIs. Department and agency antifraud 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, in-

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TITLE 15—COMMERCE AND TRADE

cluding 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:

§ 631

(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 seniorlevel 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 servicedisabled 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 aggra-

§ 631

TITLE 15—COMMERCE AND TRADE

vated 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 servicedisabled 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.
ESTABLISHING AN INTERAGENCY TASK FORCE ON FEDERAL
CONTRACTING OPPORTUNITIES FOR SMALL BUSINESSES
Memorandum of President of the United States, Apr.
26, 2010, 75 F.R. 22499, provided:
Memorandum for the Heads of Executive Departments and Agencies
The Federal Government is the world’s largest purchaser of goods and services, with purchases totaling
over $500 billion per year. The American Recovery and
Reinvestment Act of 2009 (Recovery Act) and other national investments are providing new opportunities for
small businesses to compete for Federal contracts, and
it is critical that these investments tap into the talents and skills of a broad cross-section of American
business and industry. Small businesses must be able to
participate in the Nation’s economic recovery, including businesses owned by women, minorities, socially
and economically disadvantaged individuals, and service-disabled veterans of our Armed Forces. These businesses should be able to compete and participate effectively in Federal contracts.
The Congress has established a number of statutory
goals designed to help small businesses compete for
Federal contracts. In addition to the goal of awarding
at least 23 percent of all Federal prime contracting dollars to small businesses, the Congress also established
Government-wide contracting goals for participation
by small businesses that are located in Historically
Underutilized Business Zones (at least 3 percent) or
that are owned by women (at least 5 percent), socially
and economically disadvantaged individuals (at least 5
percent), and service-disabled veterans (at least 3 percent). These aspirational goals help ensure that all
Americans share in the jobs and opportunities created
by Federal procurement.
In recent years, the Federal Government has not consistently reached its small business contracting goals.
Although we have made some progress—particularly
with respect to Recovery Act contracts—more work
can and should be done. I am committed to ensuring
that small businesses, including firms owned by
women, minorities, socially and economically disadvantaged individuals, and service-disabled veterans,
have fair access to Federal Government contracting.
Indeed, where small businesses have the capacity to do

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more, we should strive to exceed the statutory goals.
While Chief Acquisition Officers and Senior Procurement Executives have many priorities, small business
contracting should always be a high priority in the procurement process.
Obtaining tangible results will require an honest and
accurate accounting of our progress so that we can
have transparency and accountability through Federal
small business procurement data. Additionally, we
must expand outreach strategies to alert small firms to
Federal contracting opportunities.
In order to coordinate executive departments’ and
agencies’ efforts towards ensuring that all small businesses have a fair chance to participate in Federal contracting opportunities, it is hereby ordered as follows:
SECTION 1. Establishment. There is established an
Interagency Task Force on Federal Contracting Opportunities for Small Businesses (Task Force). The Secretary of Commerce (Secretary), the Director of the Office of Management and Budget (Director), and the Administrator of the Small Business Administration (Administrator) shall serve as Co-Chairs of the Task Force
and shall direct its work.
SEC. 2. Membership. In addition to the Secretary, the
Director, and the Administrator, the Task Force shall
consist of the following members:
(i) the Secretary of the Treasury;
(ii) the Secretary of Defense;
(iii) the Attorney General;
(iv) the Secretary of Labor;
(v) the Secretary of Housing and Urban Development;
(vi) the Secretary of Transportation;
(vii) the Secretary of Veterans Affairs;
(viii) the Secretary of Homeland Security;
(ix) the Administrator of General Services;
(x) the Administrator of the National Aeronautics
and Space Administration;
(xi) the Director of the Minority Business Development Agency;
(xii) the Director of the Office of Science and Technology Policy;
(xiii) the Director of the Domestic Policy Council;
(xiv) the Director of the National Economic Council;
(xv) the Chair of the Council of Economic Advisers;
and
(xvi) the heads of such other executive departments,
agencies, and offices as the President may, from time
to time, designate.
A member of the Task Force may designate, to perform the Task Force functions of the member, one or
more senior officials who are part of the member’s department, agency, or office, and who are full-time officers or employees of the Federal Government.
SEC. 3. Functions. The Task Force shall provide to the
President, not later than 120 days after the date of this
memorandum, proposals and recommendations for:
(i) using innovative strategies, such as teaming, to
increase opportunities for small business contractors
and utilizing and expanding mentorship programs, such
as the mentor-prote´ge´ program;
(ii) removing barriers to participation by small businesses in the Federal marketplace by unbundling large
projects, improving training of Federal acquisition officials with respect to strategies for increasing small
business contracting opportunities, and utilizing new
technologies to enhance the effectiveness and efficiency of Federal program managers, acquisition officials, and the Directors of Offices of Small Business
Programs and Offices of Small and Disadvantaged Business Utilization, their managers, and procurement center representatives in identifying and providing access
to these opportunities;
(iii) expanding outreach strategies to match small
businesses, including firms located in Historically
Underutilized Business Zones and firms owned and controlled by women, minorities, socially and economically disadvantaged individuals, and service-disabled
veterans of our Armed Forces, with contracting and
subcontracting opportunities; and
(iv) establishing policies, including revision or clarification of existing legislation, regulations, or policies,

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§ 631b

TITLE 15—COMMERCE AND TRADE

that are necessary or appropriate to effectuate the objectives of this memorandum.
SEC. 4. Using Technology to Improve Transparency and
Accountability. Within 90 days of the date of this memorandum, the Assistant to the President and Chief Technology Officer and the Federal Chief Information Officer, in coordination with the Task Force, shall develop
a website that illustrates the participation of small
businesses, including those owned by women, minorities, socially and economically disadvantaged individuals, and service-disabled veterans of our Armed
Forces, in Federal contracting. To foster greater accountability and transparency in, and allow oversight
of, the Federal Government’s progress, this website
shall be designed to encourage improved collection,
verification, and availability of Federal procurement
data and provide accurate data on the Federal Government’s progress in ensuring that all small businesses
have a fair chance to participate in Federal contracting
opportunities.
SEC. 5. Outreach. In developing its recommendations,
the Task Force shall conduct outreach with representatives of small businesses and small business associations.
SEC. 6. General Provisions. (a) This memorandum shall
be implemented consistent with applicable law and subject to the availability of any necessary appropriations.
(b) This memorandum 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, or entities, its officers, employees, or agents, or any other person.
(c) The heads of executive departments and agencies
shall assist and provide information to the Task Force,
consistent with applicable law, as may be necessary to
carry out the functions of the Task Force. Each executive department and agency shall bear its own expenses
of participating in the Task Force.
(d) The Director is hereby authorized and directed to
publish this memorandum in the Federal Register.
BARACK OBAMA.
DEFINITIONS
Pub. L. 105–135, § 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, § 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.’’

§ 631a. Congressional declaration of small business economic policy
(a) Foster small business
For the purpose of preserving and promoting a
competitive free enterprise economic system,
Congress hereby declares that it is the continuing policy and responsibility of the Federal Government to use all practical means and to take
such actions as are necessary, consistent with
its needs and obligations and other essential
considerations of national policy, to implement
and coordinate all Federal department, agency,

and instrumentality policies, programs, and activities in order to: foster the economic interests of small businesses; insure a competitive
economic climate conducive to the development,
growth and expansion of small businesses; establish incentives to assure that adequate capital
and other resources at competitive prices are
available to small businesses; reduce the concentration of economic resources and expand
competition; and provide an opportunity for entrepreneurship, inventiveness, and the creation
and growth of small businesses.
(b) Capital availability to small business
Congress further declares that the Federal
Government is committed to a policy of utilizing all reasonable means, consistent with the
overall economic policy goals of the Nation and
the preservation of the competitive free enterprise system of the Nation, to establish private
sector incentives that will help assure that adequate capital at competitive prices is available
to small businesses. To fulfill this policy, departments, agencies, and instrumentalities of
the Federal Government shall use all reasonable
means to coordinate, create, and sustain policies
and programs which promote investment in
small businesses, including those investments
which expand employment opportunities and
which foster the effective and efficient use of
human and natural resources in the economy of
the Nation.
(Pub. L. 96–302, title III, § 302, July 2, 1980, 94
Stat. 848.)
CODIFICATION
Section was enacted as part of the Small Business
Economic Policy Act of 1980, and not as part of the
Small Business Act which comprises this chapter.
EFFECTIVE DATE
Section effective Oct. 1, 1980, see section 507 of Pub.
L. 96–302, set out as an Effective Date of 1980 Amendment note under section 631 of this title.
SHORT TITLE
For short title of title III of Pub. L. 96–302, as the
Small Business Economic Policy Act of 1980, see Short
Title of 1980 Amendments note set out under section 631
of this title.

§ 631b. Reports to Congress; state of small business
(a) Report on Small Business and Competition
The President shall transmit to the Congress
not later than January 20 of each year a Report
on Small Business and Competition which
shall—
(1) examine the current role of small business in the economy on an industry-by-industry basis;
(2) present current and historical data on
production, employment, investment, population, job creation and retention, annual
business failures, annual business startups,
and other economic variables for small business in the economy as a whole and for small
business in each sector of the economy, with,
to the extent practicable, specific statistics divided as to urban, suburban, and rural areas;
(3) identify economic trends which will or
may affect the small business sector and the
state of competition;