any other political subdivision or unincorporated area of a State determined by the Under Secretary to be an area of economic distress.
(6)
Institution of higher education
section 1001 of title 20The term “institution of higher education” has the meaning given the term in .
(7)
MBDA Business Center
The term “MBDA Business Center” means a business center that—
(A)
is established by the Agency; and
(B)
provides technical business assistance to minority business enterprises consistent with the requirements of this chapter.
(8)
MBDA Business Center agreement
The term “MBDA Business Center agreement” means a legal instrument—
(A)
reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and
(B)
that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center.
(9)
Minority business enterprise
(A)
In general
The term “minority business enterprise” means a business enterprise—
(i)
that is not less than 51 percent-owned by 1 or more socially or economically disadvantaged individuals; and
(ii)
the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.
(B)
Rule of construction
Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a “minority business enterprise” under that subparagraph because of—
(i)
the status of the business enterprise as a for-profit or not-for-profit enterprise; or
(ii)
the annual revenue of the business enterprise.
(10)
Native entity
The term “Native entity” means—
(A)
a Tribal Government;
(B)
43 U.S.C. 1601 an Alaska Native village or Regional or Village Corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act ( et seq.);
means an entity that is not a public sector entity; and
(B)
does not include—
(i)
the Federal Government;
(ii)
any Federal agency; or
(iii)
any instrumentality of the Federal Government.
(12)
Public sector entity
The term “public sector entity” means—
(A)
a State;
(B)
an agency of a State;
(C)
a political subdivision of a State;
(D)
an agency of a political subdivision of a State; or
(E)
a Native entity.
(13)
Secretary
The term “Secretary” means the Secretary of Commerce.
(14)
Socially or economically disadvantaged business concern
The term “socially or economically disadvantaged business concern” means a for-profit business enterprise—
(A)(i)
that is not less than 51 percent owned by 1 or more socially or economically disadvantaged individuals; or
(ii)
that is socially or economically disadvantaged; or
(B)
the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.
(15)
Socially or economically disadvantaged individual
(A)
In general
The term “socially or economically disadvantaged individual” means an individual who has been subjected to racial or ethnic prejudice or cultural bias (or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area) because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity.
(B)
Presumption
In carrying out this chapter, the Under Secretary shall presume that the term “socially or economically disadvantaged individual” includes any individual who is—
(i)
Black or African American;
(ii)
Hispanic or Latino;
(iii)
American Indian or Alaska Native;
(iv)
Asian;
(v)
Native Hawaiian or other Pacific Islander; or
(vi)
a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on , is a socially disadvantaged group eligible to receive assistance.
(16)
Specialty center
The term “specialty center” means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to—
(A)
capital access;
(B)
Federal procurement;
(C)
entrepreneurship;
(D)
technology transfer; or
(E)
any other area determined necessary or appropriate based on the priorities of the Agency.
(17)
State
The term “State” means—
(A)
each of the States of the United States;
(B)
the District of Columbia;
(C)
the Commonwealth of Puerto Rico;
(D)
the United States Virgin Islands;
(E)
Guam;
(F)
American Samoa;
(G)
the Commonwealth of the Northern Mariana Islands; and
(H)
each Tribal Government.
(18)
Tribal Government
section 5131 of title 25The term “Tribal Government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of , pursuant to .
(19)
Under Secretary
11 So in original. See References in Text note below.The term “Under Secretary” means the Under Secretary of Commerce for Minority Business Development, who is appointed as described in section ___3(b) to administer this chapter.
Pub. L. 117–58135 Stat. 1445This chapter, referred to in text, was in the original “this division”, meaning div. K of , , , which is classified prinicpally to this chapter. For complete classification of division K to the Code, see Short Title note set out below and Tables.
Pub. L. 92–20385 Stat. 688section 1601 of Title 43The Alaska Native Claims Settlement Act, referred to in par. (10)(B), is , , , which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
section 5314 of Title 5“This division [enacting this chapter and amending , Government Organization and Employees] may be cited as the ‘Minority Business Development Act of 2021’.”