15 U.S.C. § 632 | Definitions

(a)

Small business concerns

(1)

In general

For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.

(2)

Establishment of size standards

(A)

In general

In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.

(B)

Additional criteria

The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.

(C)

Requirements

Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—

(i)

is proposed after an opportunity for public notice and comment;

(ii)

provides for determining—

(I)

the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;

(II)

the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over a period of not less than 5 years;

(III)

the size of other business concerns on the basis of data over a period of not less than 3 years; or

(IV)

other appropriate factors; and

(iii)

is approved by the Administrator.

(3)

Variation by industry and consideration of other factors

When establishing or approving any size standard pursuant to paragraph (2), the Administrator shall ensure that the size standard varies from industry to industry to the extent necessary to reflect the differing characteristics of the various industries and consider other factors deemed to be relevant by the Administrator.

(4)

Exclusion of certain security expenses from consideration for purpose of small business size standards

(A)

Determination required

January 6, 2006Not later than 30 days after , the Administrator shall review the application of size standards established pursuant to paragraph (2) to small business concerns that are performing contracts in qualified areas and determine whether it would be fair and appropriate to exclude from consideration in the average annual gross receipts of such small business concerns any payments made to such small business concerns by Federal agencies to reimburse such small business concerns for the cost of subcontracts entered for the sole purpose of providing security services in a qualified area.

(B)

Action required

January 6, 2006Not later than 60 days after , the Administrator shall either—

(i)

initiate an adjustment to the size standards, as described in subparagraph (A), if the Administrator determines that such an adjustment would be fair and appropriate; or

(ii)

provide a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives explaining in detail the basis for the determination by the Administrator that such an adjustment would not be fair and appropriate.

(C)

Qualified areas

In this paragraph, the term “qualified area” means—

(i)

Iraq,

(ii)

Afghanistan, and

(iii)

section 112(c)(2) of title 26 any foreign country which included a combat zone, as that term is defined in , at the time of performance of the relevant Federal contract or subcontract.

(5)

Alternative size standard

(A)

In general

section 636(a) of this title 15 U.S.C. 695The Administrator shall establish an alternative size standard for applicants for business loans under and applicants for development company loans under title V of the Small Business Investment Act of 1958 ( et seq.), that uses maximum tangible net worth and average net income as an alternative to the use of industry standards.

(B)

Interim rule

section 636(a) of this titleUntil the date on which the alternative size standard established under subparagraph (A) is in effect, an applicant for a business loan under or an applicant for a development company loan under title V of the Small Business Investment Act of 1958 may be eligible for such a loan if—

(i)

the maximum tangible net worth of the applicant is not more than $15,000,000; and

(ii)

the average net income after Federal income taxes (excluding any carry-over losses) of the applicant for the 2 full fiscal years before the date of the application is not more than $5,000,000.

(6)

Proposed rulemaking

In conducting rulemaking to revise, modify or establish size standards pursuant to this section, the Administrator shall consider, and address, and make publicly available as part of the notice of proposed rulemaking and notice of final rule each of the following:

(A)

a detailed description of the industry for which the new size standard is proposed;

(B)

an analysis of the competitive environment for that industry;

(C)

the approach the Administrator used to develop the proposed standard including the source of all data used to develop the proposed rule making; and

(D)

the anticipated effect of the proposed rulemaking on the industry, including the number of concerns not currently considered small that would be considered small under the proposed rule making and the number of concerns currently considered small that would be deemed other than small under the proposed rulemaking.

(7)

Common size standards

In carrying out this subsection, the Administrator may establish or approve a single size standard for a grouping of 4-digit North American Industry Classification System codes only if the Administrator makes publicly available, not later than the date on which such size standard is established or approved, a justification demonstrating that such size standard is appropriate for each individual industry classification included in the grouping.

(8)

Number of size standards

The Administrator shall not limit the number of size standards established pursuant to paragraph (2), and shall assign the appropriate size standard to each North American Industry Classification System Code.

(9)

Petitions for reconsideration of size standards

(A)

In general

section 634(i) of this titleA person may file a petition for reconsideration with the Office of Hearings and Appeals (as established under ) of a size standard revised, modified, or established by the Administrator pursuant to this subsection.

(B)

Time limit

A person filing a petition for reconsideration described in subparagraph (A) shall file such petition not later than 30 days after the publication in the Federal Register of the notice of final rule to revise, modify, or establish size standards described in paragraph (6).

(C)

Process for agency review

The Office of Hearings and Appeals shall use the same process it uses to decide challenges to the size of a small business concern to decide a petition for review pursuant to this paragraph.

(D)

Judicial review

The publication of a final rule in the Federal Register described in subparagraph (B) shall be considered final agency action for purposes of seeking judicial review. Filing a petition for reconsideration under subparagraph (A) shall not be a condition precedent to judicial review of any such size standard.

(E)

Rules or guidance

November 25, 2015The Office of Hearings and Appeals shall begin accepting petitions for reconsideration described in subparagraph (A) after the date on which the Administration issues a rule or other guidance implementing this paragraph. Notwithstanding the provisions of subparagraph (B), petitions for reconsideration of size standards revised, modified, or established in a Federal Register final rule published between , and the effective date of such rule or other guidance shall be considered timely if filed within 30 days of such effective date.

(b)

“Agency” defined

section 551(1) of title 5For purposes of this chapter, any reference to an agency or department of the United States, and the term “Federal agency”, shall have the meaning given the term “agency” by , but does not include the United States Postal Service or the Government Accountability Office.

(c)

Qualified employee trust; eligibility for loan guarantee; “qualified employee trust” defined; regulations for treatment of trust as qualified employee trust

(1)

section 636(a) of this title For purposes of this chapter, a qualified employee trust shall be eligible for any loan guarantee under with respect to a small business concern on the same basis as if such trust were the same legal entity as such concern.

(2)

For purposes of this chapter, the term “qualified employee trust” means, with respect to a small business concern, a trust—

(A)

section 4975(e)(7) of title 26 which forms part of an employee stock ownership plan (as defined in )—

(i)

which is maintained by such concern, and

(ii)

section 4975(e)(8) of title 26 which provides that each participant is entitled to direct the plan trustee as to the manner of how to vote the qualified employer securities (as defined in ), which are allocated to the account of such participant with respect to a corporate matter which (by law or charter) must be decided by a vote conducted in accordance with section 409(e) of the title 26; and

(B)

section 636(a) of this title in the case of any loan guarantee under , the trustee of which enters into an agreement with the Administrator which is binding on the trust and on such small business concern and which provides that—

(i)

section 636(a) of this title the loan guaranteed under shall be used solely for the purchase of qualifying employer securities of such concern,

(ii)

all funds acquired by the concern in such purchase shall be used by such concern solely for the purposes for which such loan was guaranteed,

(iii)

such concern will provide such funds as may be necessary for the timely repayment of such loan, and the property of such concern shall be available as security for repayment of such loan, and

(iv)

all qualifying employer securities acquired by such trust in such purchase shall be allocated to the accounts of participants in such plan who are entitled to share in such allocation, and each participant has a nonforfeitable right, not later than the date such loan is repaid, to all such qualifying employer securities which are so allocated to the participant’s account.

(3)

Under regulations which may be prescribed by the Administrator, a trust may be treated as a qualified employee trust with respect to a small business concern if—

(A)

the trust is maintained by an employee organization which represents at least 51 percent of the employees of such concern, and

(B)

such concern maintains a plan—

(i)

section 4975(e)(8) of title 26 which is an employee benefit plan which is designed to invest primarily in qualifying employer securities (as defined in ),

(ii)

which provides that each participant in the plan is entitled to direct the plan as to the manner in which voting rights under qualifying employer securities which are allocated to the account of such participant are to be exercised with respect to a corporate matter which (by law or charter) must be decided by a majority vote of the outstanding common shares voted,

(iii)

which provides that each participant who is entitled to distribution from the plan has a right, in the case of qualifying employer securities which are not readily tradeable on an established market, to require that the concern repurchase such securities under a fair valuation formula, and

(iv)

section 4975(e)(7) of title 26 which meets such other requirements (similar to requirements applicable to employee stock ownership plans as defined in ) as the Administrator may prescribe, and

(C)

section 636(a) of this title in the case of a loan guarantee under , such organization enters into an agreement with the Administration which is described in paragraph (2)(B).

(d)

“Qualified Indian tribe” defined

section 636 of this title 1

1 So in original. Probably should be a reference to subsec. “(e)” of section 5304, which defines Indian tribe.

For purposes of , the term “qualified Indian tribe” means an Indian tribe as defined in section 5304(a)  of title 25, which owns and controls 100 per centum of a small business concern.

(e)

“Public or private organization for the handicapped” defined

section 636 of this titleFor purposes of , the term “public or private organization for the handicapped” means one—

(1)

which is organized under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individuals;

(2)

which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and

(3)

which, in the production of commodities and in the provision of services during any fiscal year in which it received financial assistance under this subsection, employs handicapped individuals for not less than 75 per centum of the man-hours required for the production or provision of the commodities or services.

(f)

“Handicapped individual” defined

section 636 of this titleFor purposes of , the term “handicapped individual” means an individual—

(1)

who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable; or

(2)

who is a service-disabled veteran.

(g)

“Energy measures” defined

section 636 of this titleFor purposes of , the term “energy measures” includes—

(1)

solar thermal energy equipment which is either of the active type based upon mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination of these types;

(2)

photovoltaic cells and related equipment;

(3)

a product or service the primary purpose of which is conservation of energy through devices or techniques which increase the energy efficiency of existing equipment, methods of operation, or systems which use fossil fuels, and which is on the Energy Conservation Measures list of the Secretary of Energy or which the Administrator determines to be consistent with the intent of this subsection;

(4)

equipment the primary purpose of which is production of energy from wood, biological waste, grain, or other biomass source of energy;

(5)

equipment the primary purpose of which is industrial cogeneration of energy, district heating, or production of energy from industrial waste;

(6)

hydroelectric power equipment;

(7)

wind energy conversion equipment; and

(8)

engineering, architectural, consulting, or other professional services which are necessary or appropriate to aid citizens in using any of the measures described in paragraph (1) through (7).

(h)

“Credit elsewhere” defined

The term “credit elsewhere” means—

(1)

section 636(b) of this title for the purposes of this chapter (except as used in ), the availability of credit on reasonable terms and conditions to the individual loan applicant from non-Federal, non-State, or non-local government sources, considering factors associated with conventional lending practices, including—

(A)

the business industry in which the loan applicant operates;

(B)

whether the loan applicant is an enterprise that has been in operation for a period of not more than 2 years;

(C)

the adequacy of the collateral available to secure the requested loan;

(D)

the loan term necessary to reasonably assure the ability of the loan applicant to repay the debt from the actual or projected cash flow of the business; and

(E)

any other factor relating to the particular credit application, as documented in detail by the lender, that cannot be overcome except through obtaining a Federal loan guarantee under prudent lending standards; and

(2)

section 636(b) of this title for the purposes of , the availability of credit on reasonable terms and conditions from non-Federal sources taking into consideration the prevailing rates and terms in the community in or near where the applicant business concern transacts business, or the applicant homeowner resides, for similar purposes and periods of time.

(i)

“Homeowners” defined

section 636 of this titleFor purposes of , the term “homeowners” includes owners and lessees of residential property and also includes personal property.

(j)

“Small agricultural cooperative” defined

12 U.S.C. 1141jFor the purposes of this chapter, the term “small agricultural cooperative” means an association (corporate or otherwise) acting pursuant to the provisions of the Agricultural Marketing Act (), whose size does not exceed the size standard established by the Administration for other similar agricultural small business concerns. In determining such size, the Administration shall regard the association as a business concern and shall not include the income or employees of any member shareholder of such cooperative.

(k)

“Disaster” defined

(1)

For the purposes of this chapter, the term “disaster” means a sudden event which causes severe damage including, but not limited to, floods, hurricanes, tornadoes, earthquakes, fires, explosions, volcanoes, windstorms, landslides or mudslides, tidal waves, commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under the Fishery Resource Disasters Improvement Act), ocean conditions resulting in the closure of customary fishing waters, riots, civil disorders or other catastrophes, except it does not include economic dislocations.

(2)

section 636(b)(2) of this title For purposes of , the term “disaster” includes—

(A)

drought;

(B)

below average water levels in the Great Lakes, or on any body of water in the United States that supports commerce by small business concerns; and

(C)

ice storms and blizzards.

(l)

“Computer crime” defined

For purposes of this chapter—

(1)

2 So in original. No par. (2) has been enacted.

  the term “computer crime” means—

(A)

any crime committed against a small business concern by means of the use of a computer; and

(B)

any crime involving the illegal use of, or tampering with, a computer owned or utilized by a small business concern.

(m)

Definitions relating to contracting

In this chapter:

(1)

Prime contract

section 8701(4) of title 41The term “prime contract” has the meaning given such term in .

(2)

Prime contractor

section 8701(5) of title 41The term “prime contractor” has the meaning given such term in .

(3)

Simplified acquisition threshold

section 134 of title 41The term “simplified acquisition threshold” has the meaning given such term in .

(4)

Micro-purchase threshold

section 1902 of title 41The term “micro-purchase threshold” has the meaning given such term in .

(5)

Total purchases and contracts for property and services

The term “total purchases and contracts for property and services” shall mean total number and total dollar amount of contracts and orders for property and services.

(n)

“Small business concern owned and controlled by women” defined

For the purposes of this chapter, a small business concern is a small business concern owned and controlled by women if—

(1)

3 So in original. Probably should be preceded by “the”.

at least 51 percent of small  business concern is owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2)

the management and daily business operations of the business are controlled by one or more women.

(o)

Definitions of bundling of contract requirements and related terms

In this chapter:

(1)

Bundled contract

The term “bundled contract” means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements.

(2)

Bundling of contract requirements

The term “bundling of contract requirements” means consolidating 2 or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract that is likely to be unsuitable for award to a small-business concern due to—

(A)

the diversity, size, or specialized nature of the elements of the performance specified;

(B)

the aggregate dollar value of the anticipated award;

(C)

the geographical dispersion of the contract performance sites; or

(D)

any combination of the factors described in subparagraphs (A), (B), and (C).

(3)

Separate smaller contract

The term “separate smaller contract”, with respect to a bundling of contract requirements, means a contract that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns.

(p)

Qualified HUBZone small business concern

section 657a(b) of this titleIn this chapter, the term “qualified HUBZone small business concern” has the meaning given such term in .

(q)

Definitions relating to veterans

In this chapter, the following definitions apply:

(1)

Service-disabled veteran

section 101(16) of title 38The term “service-disabled veteran” means a veteran with a disability that is service-connected (as defined in ).

(2)

Small business concern owned and controlled by service-disabled veterans

The term “small business concern owned and controlled by service-disabled veterans” means any of the following:

(A)

A small business concern—

(i)

not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock (not including any stock owned by an ESOP) of which is owned by one or more service-disabled veterans; and

(ii)

the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(B)

A small business concern—

(i)

not less than 51 percent of which is owned by one or more service-disabled veterans with a disability that is rated by the Secretary of Veterans Affairs as a permanent and total disability who are unable to manage the daily business operations of such concern; or

(ii)

in the case of a publicly owned business, not less than 51 percent of the stock (not including any stock owned by an ESOP) of which is owned by one or more such veterans.

(C)

(i)

During the time period described in clause (ii), a small business concern that was a small business concern described in subparagraph (A) or (B) immediately prior to the death of a service-disabled veteran who was the owner of the concern, the death of whom causes the concern to be less than 51 percent owned by one or more service-disabled veterans, if—

(I)

the surviving spouse of the deceased veteran acquires such veteran’s ownership interest in such concern;

(II)

section 101(16) of title 38 such veteran had a service-connected disability (as defined in ); and

(III)

section 657f of this title immediately prior to the death of such veteran, and during the period described in clause (ii), the small business concern is included in the database described in .

(ii)

The time period described in this clause is the time period beginning on the date of the veteran’s death and ending on the earlier of—

(I)

the date on which the surviving spouse remarries;

(II)

the date on which the surviving spouse relinquishes an ownership interest in the small business concern; or

(III)

the date that—

(aa)

in the case of a surviving spouse of a veteran with a service-connected disability rated as 100 percent disabling or who dies as a result of a service-connected disability, is 10 years after the date of the death of the veteran; or

(bb)

in the case of a surviving spouse of a veteran with a service-connected disability rated as less than 100 percent disabling who does not die as a result of a service-connected disability, is 3 years after the date of the death of the veteran.

(3)

Small business concern owned and controlled by veterans

The term “small business concern owned and controlled by veterans” means a small business concern—

(A)

not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(B)

the management and daily business operations of which are controlled by one or more veterans.

(4)

Veteran

section 101(2) of title 38The term “veteran” has the meaning given the term in .

(5)

Relief from time limitations

(A)

In general

Any time limitation on any qualification, certification, or period of participation imposed under this chapter on any program that is available to small business concerns shall be extended for a small business concern that—

(i)

is owned and controlled by—

(I)

section 101(a)(13)(B) of title 10September 11, 2001 a veteran who was called or ordered to active duty under a provision of law specified in on or after ; or

(II)

September 11, 2001 a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active military, naval, or air service during a period of active duty pursuant to a call or order to active duty under a provision of law referred to in subclause (I) on or after ; and

(ii)

was subject to the time limitation during such period of active duty.

(B)

Duration

Upon submission of proper documentation to the Administrator, the extension of a time limitation under subparagraph (A) shall be equal to the period of time that such veteran who owned or controlled such a concern was on active duty as described in that subparagraph.

(C)

Exception for programs subject to Federal Credit Reform Act of 1990

2 U.S.C. 661The provisions of subparagraphs (A) and (B) shall not apply to any programs subject to the Federal Credit Reform Act of 1990 ( et seq.).

(6)

ESOP

section 4975(e)(7) of title 26The term “ESOP” has the meaning given the term “employee stock ownership plan” in .

(7)

Surviving spouse

section 101(3) of title 38The term “surviving spouse” has the meaning given such term in .

(r)

Definitions relating to small business lending companies

section 650 of this titleAs used in :

(1)

Small business lending company

section 636(a) of this titleThe term “small business lending company” means a business concern that is authorized by the Administrator to make loans pursuant to and whose lending activities are not subject to regulation by any Federal or State regulatory agency.

(2)

Non-Federally regulated lender

The term “non-Federally regulated lender” means a business concern if—

(A)

section 636 of this title such concern is authorized by the Administrator to make loans under ;

(B)

such concern is subject to regulation by a State; and

(C)

the lending activities of such concern are not regulated by any Federal banking authority.

(s)

Major disaster

section 5122 of title 42In this chapter, the term “major disaster” has the meaning given that term in .

(t)

Small business development center

section 648 of this titleIn this chapter, the term “small business development center” means a small business development center described in .

(u)

Region of the Administration

section 633(a) of this titleIn this chapter, the term “region of the Administration” means the geographic area served by a regional office of the Administration established under .

(v)

Multiple award contract

In this chapter, the term “multiple award contract” means—

(1)

a multiple award task order contract or delivery order contract that is entered into under the authority of sections 4101, 4103, 4105, and 4106 of title 41; and

(2)

any other indefinite delivery, indefinite quantity contract that is entered into by the head of a Federal agency with 2 or more sources pursuant to the same solicitation.

(w)

Presumption

(1)

In general

In every contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant which is set aside, reserved, or otherwise classified as intended for award to small business concerns, there shall be a presumption of loss to the United States based on the total amount expended on the contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant whenever it is established that a business concern other than a small business concern willfully sought and received the award by misrepresentation.

(2)

Deemed certifications

The following actions shall be deemed affirmative, willful, and intentional certifications of small business size and status:

(A)

Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement reserved, set aside, or otherwise classified as intended for award to small business concerns.

(B)

Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement which in any way encourages a Federal agency to classify the bid or proposal, if awarded, as an award to a small business concern.

(C)

Registration on any Federal electronic database for the purpose of being considered for award of a Federal grant, contract, subcontract, cooperative agreement, or cooperative research agreement, as a small business concern.

(3)

Certification by signature of responsible official

(A)

In general

Each solicitation, bid, or application for a Federal contract, subcontract, or grant shall contain a certification concerning the small business size and status of a business concern seeking the Federal contract, subcontract, or grant.

(B)

Content of certifications

A certification that a business concern qualifies as a small business concern of the exact size and status claimed by the business concern for purposes of bidding on a Federal contract or subcontract, or applying for a Federal grant, shall contain the signature of an authorized official on the same page on which the certification is contained.

(4)

Regulations

The Administrator shall promulgate regulations to provide adequate protections to individuals and business concerns from liability under this subsection in cases of unintentional errors, technical malfunctions, and other similar situations.

(x)

Annual certification

(1)

In general

Each business certified as a small business concern under this chapter shall annually certify its small business size and, if appropriate, its small business status, by means of a confirming entry on the Online Representations and Certifications Application database of the Administration, or any successor thereto.

(2)

Regulations

September 27, 2010Not later than 1 year after , the Administrator, in consultation with the Inspector General and the Chief Counsel for Advocacy of the Administration, shall promulgate regulations to ensure that—

(A)

no business concern continues to be certified as a small business concern on the Online Representations and Certifications Application database of the Administration, or any successor thereto, without fulfilling the requirements for annual certification under this subsection; and

(B)

the requirements of this subsection are implemented in a manner presenting the least possible regulatory burden on small business concerns.

(y)

Policy on prosecutions of small business size and status fraud

September 27, 2010Not later than 1 year after , the Administrator, in consultation with the Attorney General, shall issue a Government-wide policy on prosecution of small business size and status fraud, which shall direct Federal agencies to appropriately publicize the policy.

(z)

Aquaculture business disaster assistance

section 647(a) of this title section 647(b)(1) of this title section 636(b)(2) of this titleSubject to and notwithstanding , the Administrator may provide disaster assistance under to aquaculture enterprises that are small businesses.

(aa)

Venture capital operating company

In this chapter, the term “venture capital operating company” means an entity described in clause (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code of Federal Regulations (or any successor thereto).

(bb)

Hedge fund

section 1851(h)(2) of title 12In this chapter, the term “hedge fund” has the meaning given that term in .

(cc)

Private equity firm

section 1851(h)(2) of title 12In this chapter, the term “private equity firm” has the meaning given the term “private equity fund” in .

(dd)

Definitions pertaining to subcontracting

In this chapter:

(1)

Subcontract

The term “subcontract” means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken.

(2)

First tier subcontractor

The term “first tier subcontractor” means a subcontractor who has a subcontract directly with the prime contractor.

(3)

At any tier

The term “at any tier” means any subcontractor other than a subcontractor who is a first tier subcontractor.

(ee)

Puerto Rico business

In this chapter, the term “Puerto Rico business” means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.

(ff)

Covered territory business

In this chapter, the term “covered territory business” means a small business concern that has its principal office located in one of the following:

(1)

The United States Virgin Islands.

(2)

American Samoa.

(3)

Guam.

(4)

The Northern Mariana Islands.

Pub. L. 85–536, § 2[3]July 18, 195872 Stat. 384 Pub. L. 94–305, title I, § 112(b)June 4, 197690 Stat. 667 Pub. L. 95–507, title II, § 224(b)Oct. 24, 197892 Stat. 1772 Pub. L. 96–302, title V, § 504July 2, 198094 Stat. 851 Pub. L. 96–481, title I, § 108Oct. 21, 198094 Stat. 2323 Pub. L. 97–35, title XIX, § 1903Aug. 13, 198195 Stat. 771 Pub. L. 98–270, title III, § 310Apr. 18, 198498 Stat. 161 Pub. L. 98–362, § 6July 16, 198498 Stat. 434 Pub. L. 98–473, title I, § 111A(b)Oct. 12, 198498 Stat. 1966 Pub. L. 99–272, title XVIII, § 18016Apr. 7, 1986100 Stat. 371 Pub. L. 99–500, § 101(c) [title X, § 921(f)]Oct. 18, 1986100 Stat. 1783–82 Pub. L. 99–591, § 101(c) [title X, § 921(f)]Oct. 30, 1986100 Stat. 3341–82 Pub. L. 99–514, § 2Oct. 22, 1986100 Stat. 2095 Pub. L. 99–661, div. A, title IXNov. 14, 1986100 Stat. 3929 Pub. L. 100–26, § 3(5)Apr. 21, 1987101 Stat. 273 Pub. L. 100–26, § 10(b)(2)Apr. 21, 1987101 Stat. 288 Pub. L. 100–456, div. A, title VIII, § 845Sept. 29, 1988102 Stat. 2027 Pub. L. 100–590, title I, § 119(b)Nov. 3, 1988102 Stat. 2999 Pub. L. 100–656, title VII, § 732Nov. 15, 1988102 Stat. 3897 Pub. L. 101–510, div. A, title VIII, § 806(e)(1)Nov. 5, 1990104 Stat. 1592 Pub. L. 102–366, title II, § 222(a)Sept. 4, 1992106 Stat. 999 Pub. L. 103–355, title IV, § 4404(a)Oct. 13, 1994108 Stat. 3349 Pub. L. 103–403, title III, § 301Oct. 22, 1994108 Stat. 4187 Pub. L. 104–208, div. D, title I, § 104(b)(1)Sept. 30, 1996110 Stat. 3009–730 Pub. L. 105–135, title IV, § 412Dec. 2, 1997111 Stat. 2617 Pub. L. 106–50, title I, § 103(a)Aug. 17, 1999113 Stat. 234 Pub. L. 106–554, § 1(a)(9) [title VI, §§ 602–604, 611, 612(b)–615(a), title VIII, § 806(b)]Dec. 21, 2000114 Stat. 2763 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 108–447, div. K, title IDec. 8, 2004118 Stat. 3456 Pub. L. 109–59, title X, § 10203Aug. 10, 2005119 Stat. 1933 Pub. L. 109–163, div. A, title VIIIJan. 6, 2006119 Stat. 3389 Pub. L. 110–186, title II, § 205Feb. 14, 2008122 Stat. 629 Pub. L. 110–234, title XIIMay 22, 2008122 Stat. 1408 Pub. L. 110–246, § 4(a)June 18, 2008122 Stat. 1664 Pub. L. 111–240, title ISept. 27, 2010124 Stat. 2509 Pub. L. 112–81, div. E, title LI, § 5107(b)Dec. 31, 2011125 Stat. 1829 Pub. L. 112–239, div. A, title XVIJan. 2, 2013126 Stat. 2083 Pub. L. 113–66, div. A, title XVI, § 1614(b)Dec. 26, 2013127 Stat. 949 Pub. L. 114–92, div. A, title VIIINov. 25, 2015129 Stat. 929 Pub. L. 114–187, title IV, § 412(a)(1)June 30, 2016130 Stat. 595 Pub. L. 114–328, div. A, title XVIIIDec. 23, 2016130 Stat. 2658 Pub. L. 115–91, div. A, title XVIIDec. 12, 2017131 Stat. 1795 Pub. L. 115–189June 21, 2018132 Stat. 1496 Pub. L. 115–232, div. A, title VIIIAug. 13, 2018132 Stat. 1896 Pub. L. 115–324, § 2Dec. 17, 2018132 Stat. 4444 Pub. L. 116–92, div. A, title VIII, § 876Dec. 20, 2019133 Stat. 1528 Pub. L. 116–283, div. A, title VIIIJan. 1, 2021134 Stat. 3779 Pub. L. 117–328, div. S, title II, § 204(b)Dec. 29, 2022136 Stat. 5270(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , 1783–149, and , , , 3341–149; , , ; , formerly title IV, § 921(f), , , renumbered title IX, , , ; , , ; , , ; , , ; , , ; , , ; , , ; , title VII, § 7106(d), , , 3376; , , ; , , ; , title VI, § 602(a), , , 2627; , title IV, § 401(a), , , 243; , , , 2763A–697 to 2763A–701, 2763A–706; , , ; , §§ 151, 152(a)(1), (3)–(c)(1), 162, , , 3457, 3465; , , ; , §§ 844, 845(a)(1), , , 3390; , , ; , §§ 12063(c)(1), 12071, , , 1411; , title XII, §§ 12063(c)(1), 12071, , , 2170, 2173; , §§ 1116, 1202(b)(1), 1311, 1341, 1342, 1343(b), 1501, , , 2521, 2536, 2543–2545, 2550; , , ; , §§ 1661, 1696(b)(1), , , 2090; , , ; , §§ 866(a), 869(b), , , 938; , , ; , §§ 1831(b), 1832(a), 1833(b), , , 2661; , §§ 1701(a)(2), (3), 1702(b), , , 1796, 1803; , §§ 3(e), 4(a)(1), , ; , §§ 861(a), 862(h), , , 1900; , , ; , , ; , §§ 862(b)(3)(A), 863(a), 866(a)(1), , , 3784, 3785; , , .)

Editorial Notes

References in Text

Pub. L. 85–699Aug. 21, 195872 Stat. 689 section 661 of this titleThe Small Business Investment Act of 1958, referred to in subsec. (a)(5), is , , . Title V of the Act is classified generally to subchapter V (§ 695 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

12 U.S.C. 1141j act June 15, 1929, ch. 24 46 Stat. 11 section 1141j(e) of Title 12The Agricultural Marketing Act (), referred to in subsec. (j), is , , which is classified generally to chapter 7A (§ 1141 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see and Tables.

Pub. L. 117–328, div. SDec. 29, 2022136 Stat. 5261 section 1801 of Title 16The Fishery Resource Disasters Improvement Act, referred to in subsec. (k)(1), is title II of , , . For complete classification of this Act to the Code, see Short Title of 2022 Amendment note set out under , Conservation, and Tables.

Pub. L. 93–344 Pub. L. 101–508, title XIII, § 13201(a)Nov. 5, 1990104 Stat. 1388–609 section 621 of Title 2The Federal Credit Reform Act of 1990, referred to in subsec. (q)(5)(C), is title V of , as added by , , , which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 134 of title 41 41 U.S.C. 403(11)Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In subsec. (m), “” substituted for “section 4(11) of the Office of Federal Procurement Policy Act ()” on authority of , , , which Act enacted Title 41, Public Contracts.

41 U.S.C. 253h Pub. L. 111–350, § 6(c)Jan. 4, 2011124 Stat. 3854In subsec. (v)(1), “sections 4101, 4103, 4105, and 4106 of title 41” substituted for “sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 ( through 253k)” on authority of , , , which Act enacted Title 41, Public Contracts.

Pub. L. 110–234 Pub. L. 110–246 Pub. L. 110–234 section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Pub. L. 99–591 Pub. L. 99–500 is a corrected version of .

Prior Provisions

act July 30, 1953, ch. 282, title II 67 Stat. 233 section 631 of this titlePrior similar provisions were contained in section 203 of , , which was previously classified to this section. See Codification note set out under .

Amendments

Pub. L. 117–328 section 4107(b) of title 162022—Subsec. (k)(1). substituted “(as determined by the Secretary of Commerce under the Fishery Resource Disasters Improvement Act)” for “(as determined by the Secretary of Commerce under )”.

Pub. L. 116–283, § 863(a)(1)2021—Subsec. (a)(2)(A). , inserted “and subject to the requirements specified under subparagraph (C)” after “paragraph (1)”.

Pub. L. 116–283, § 863(a)(2)(A)Subsec. (a)(2)(C). , inserted “(including the Administration when acting pursuant to subparagraph (A))” after “no Federal department or agency” in introductory provisions.

Pub. L. 116–283, § 863(a)(2)(B)Subsec. (a)(2)(C)(ii)(I). , substituted “24 months” for “12 months”.

Pub. L. 116–283, § 862(b)(3)(A)section 657f of this title section 8127(f) of title 38Subsec. (q)(2)(C)(i)(III). , substituted “” for “”.

Pub. L. 116–283, § 866(a)(1)Subsec. (ff). , added subsec. (ff).

Pub. L. 116–92, § 876(1)2019—Subsec. (q)(2)(C)(i)(II). , struck out “rated as 100 percent disabling under the laws administered by the Secretary of Veterans Affairs or such veteran died as a result of a service-connected disability” before the semicolon.

Pub. L. 116–92, § 876(2)section 8127(f) of title 38Subsec. (q)(2)(C)(ii)(III). , amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: “immediately prior to the death of such veteran, and during the period described in clause (ii), the small business concern is included in the database described in .”

Pub. L. 115–3242018—Subsec. (a)(2)(C)(ii)(II). substituted “5 years” for “3 years”.

Pub. L. 115–232, § 862(h)section 4975(e)(8) of title 26Subsec. (c)(2)(A)(ii). , amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “which provides that each participant in the plan is entitled to direct the plan as to the manner in which voting rights under qualifying employer securities (as defined in ) which are allocated to the account of such participant are to be exercised with respect to a corporate matter which (by law or charter) must be decided by a majority vote of outstanding common shares voted; and”.

Pub. L. 115–189, § 4(a)(1)Subsec. (h). , added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: “For purposes of this chapter the term ‘credit elsewhere’ means the availability of credit from non-Federal sources on reasonable terms and conditions taking into consideration the prevailing rates and terms in the community in or near where the concern transacts business, or the homeowner resides, for similar purposes and periods of time.”

Pub. L. 115–189, § 3(e)Subsec. (r)(2). , substituted “regulated lender” for “regulated SBA lender” in heading and text.

Pub. L. 115–232, § 861(a)Subsec. (ee). , added subsec. (ee).

Pub. L. 115–91, § 1702(b)2017—Subsec. (m). , amended subsec. (m) generally. Prior to amendment, text defined the term “simplified acquisition threshold”.

Pub. L. 115–91, § 1701(a)(2)section 657a of this titleSubsec. (p). , (3), added subsec. (p) and redesignated and transferred former subsec. (p) of this section to subsec. (b) of .

Pub. L. 114–328, § 1831(b)Provided2016—Subsec. (a)(1). , substituted “operation” for “operation: , That notwithstanding any other provision of law, an agricultural enterprise shall be deemed to be a small business concern if it (including its affiliates) has annual receipts not in excess of $750,000”.

Pub. L. 114–328, § 1833(b)Subsec. (a)(9)(E). , added subpar. (E).

Pub. L. 114–187 section 42(d)(5)(C)(ii) of title 26Subsec. (p)(4)(A). amended subpar. (A) generally. Prior to amendment, text read as follows: “The term ‘qualified census tract’ has the meaning given that term in .”

Pub. L. 114–328, § 1832(a)(1)Subsec. (q)(2). , amended par. (2) generally. Text read as follows: “The term ‘small business concern owned and controlled by service-disabled veterans’ means a small business concern—

“(A) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

“(B) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.”

Pub. L. 114–328, § 1832(a)(2)Subsec. (q)(6), (7). , added pars. (6) and (7).

Pub. L. 114–92, § 869(b)2015—Subsec. (a)(9). , added par. (9).

Pub. L. 114–92, § 866(a)(1)Subsec. (p)(1)(F). , added subpar. (F).

Pub. L. 114–92, § 866(a)(2)Subsec. (p)(3)(D) to (F). , added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Pub. L. 114–92, § 866(a)(3)(A)Subsec. (p)(4)(D). , amended subpar. (D) generally, substituting new definition of “base closure area” for prior definition which consisted of provisions similar to those in new cl. (i)(I).

Pub. L. 114–92, § 866(a)(3)(B)Subsec. (p)(4)(E). , added subpar. (E).

Pub. L. 114–92, § 866(a)(4)(A)Subsec. (p)(5)(A)(i)(I)(aa). , substituted “subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (3)” for “subparagraph (A), (B), (C), (D), or (E) of paragraph (3)” and struck out “or” at end.

Pub. L. 114–92, § 866(a)(4)(B)Subsec. (p)(5)(A)(i)(I)(bb), (cc). , (C), added item (bb) and redesignated former item (bb) as (cc).

Pub. L. 112–239, § 1661(1)2013—, inserted section catchline.

Pub. L. 112–239, § 1661(2)(A)Subsec. (a). , inserted heading.

Pub. L. 112–239, § 1661(2)(B)Subsec. (a)(1), (3). , (C), inserted heading.

Pub. L. 112–239, § 1661(2)(D)Subsec. (a)(5). , realigned margins.

Pub. L. 112–239, § 1661(2)(E)Subsec. (a)(6) to (8). , added pars. (6) to (8).

Pub. L. 112–239, § 1696(b)(1)(A)section 657a of this titleSubsec. (p)(5)(A)(i)(III). , added subcl. (III) and struck out former subcl. (III) which read as follows: “with respect to any subcontract entered into by the small business concern pursuant to a contract awarded to the small business concern under , the small business concern will ensure that—

“(aa) in the case of a contract for services (except construction), not less than 50 percent of the cost of contract performance incurred for personnel will be expended for its employees or for employees of other HUBZone small business concerns;

“(bb) in the case of a contract for procurement of supplies (other than procurement from a regular dealer in such supplies), not less than 50 percent of the cost of manufacturing the supplies (not including the cost of materials) will be incurred in connection with the performance of the contract in a HUBZone by 1 or more HUBZone small business concerns; and

“(cc) in the case of a contract for the procurement by the Secretary of Agriculture of agricultural commodities, none of the commodity being procured will be obtained by the prime contractor through a subcontract for the purchase of the commodity in substantially the final form in which it is to be supplied to the Government; and”.

Pub. L. 112–239, § 1696(b)(1)(B)Subsec. (p)(5)(B) to (D). , (C), redesignated subpar. (D) as (B) and struck out former subpars. (B) and (C) which read as follows:

“(B) Change in percentages

“The Administrator may utilize a percentage other than the percentage specified in item (aa) or (bb) of subparagraph (A)(i)(III), if the Administrator determines that such action is necessary to reflect conventional industry practices among small business concerns that are below the numerical size standard for businesses in that industry category.

“(C) Construction and other contracts

“The Administrator shall promulgate final regulations imposing requirements that are similar to those specified in items (aa) and (bb) of subparagraph (A)(i)(III) on contracts for general and specialty construction, and on contracts for any other industry category that would not otherwise be subject to those requirements. The percentage applicable to any such requirement shall be determined in accordance with subparagraph (B).”

Pub. L. 113–66Subsec. (dd). added subsec. (dd).

Pub. L. 112–812011—Subsecs. (aa) to (cc). added subsecs. (aa) to (cc).

Pub. L. 111–240, § 11162010—Subsec. (a)(5). , added par. (5).

Pub. L. 111–240, § 1202(b)(1)Subsecs. (t), (u). , added subsecs. (t) and (u).

Pub. L. 111–240, § 1311Subsec. (v). , added subsec. (v).

Pub. L. 111–240, § 1341Subsec. (w). , added subsec. (w).

Pub. L. 111–240, § 1342Subsec. (x). , added subsec. (x).

Pub. L. 111–240, § 1343(b)Subsec. (y). , added subsec. (y).

Pub. L. 111–240, § 1501Subsec. (z). , added subsec. (z).

Pub. L. 110–246, § 120712008—Subsec. (k)(2)(C). , added subpar. (C).

Pub. L. 110–186Subsec. (q)(5). added par. (5).

Pub. L. 110–246, § 12063(c)(1)Subsec. (s). , added subsec. (s).

Pub. L. 109–163, § 8442006—Subsec. (a)(4). , added par. (4).

Pub. L. 109–163, § 845(a)(1)Subsec. (k). , designated existing provisions as par. (1) and added par. (2).

Pub. L. 109–592005—Subsec. (p)(4)(B)(ii)(III). added subcl. (III).

Pub. L. 108–2712004—Subsec. (b). substituted “Government Accountability Office” for “General Accounting Office”.

Pub. L. 108–447, § 151(b)Subsec. (j). , struck out “of section 636(b)(2)” after “For the purposes”.

Pub. L. 108–447, § 152(a)(1)Subsec. (p)(1)(E). , added subpar. (E).

Pub. L. 108–447, § 151(a)(1)(A)Subsec. (p)(3)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a small business concern that is owned and controlled by one or more persons, each of whom is a United States citizen;”.

Pub. L. 108–447, § 151(a)(1)(B)Subsec. (p)(3)(E). –(D), added subpar. (E).

Pub. L. 108–447, § 152(b)Subsec. (p)(4)(B)(ii)(II). , amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “the unemployment rate is not less than 140 percent of the Statewide average unemployment rate for the State in which the county is located, based on the most recent data available from the Secretary of Labor.”

Pub. L. 108–447, § 152(c)(1)Subsec. (p)(4)(C). , substituted “only until the later of—

“(i) the date on which the Census Bureau publicly releases the first results from the 2010 decennial census; or

“(ii) 3 years after”

for “only for the 3-year period following”.

Pub. L. 108–447, § 152(a)(3)Subsec. (p)(4)(D). , added subpar. (D).

Pub. L. 108–447, § 151(a)(2)Subsec. (p)(5)(A)(i)(I)(aa). , substituted “(C), (D), or (E)” for “or (D)”.

Pub. L. 108–447, § 162Subsec. (r). , added subsec. (r).

Pub. L. 106–554, § 1(a)(9) [title VIII, § 806(b)]2000—Subsec. (a)(1). , substituted “$750,000” for “$500,000”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 613(1)]Subsec. (p)(1)(D). , added subpar. (D).

Pub. L. 106–554, § 1(a)(9) [title VI, § 602]Subsec. (p)(3). , amended heading and text of par. (3) generally, substituting present provisions for provisions which had defined “HUBZone small business concern” as a small business concern that is owned and controlled by 1 or more persons, each of whom is a United States citizen, and the principal office of which is located in a HUBZone.

Pub. L. 106–554, § 1(a)(9) [title VI, § 614(1)]Subsec. (p)(3)(D). , added subpar. (D).

Pub. L. 106–554, § 1(a)(9) [title VI, § 611(a)]Subsec. (p)(4)(A). , substituted “section 42(d)(5)(C)(ii)” for “section 42(d)(5)(C)(ii)(I)”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 611(b)]Subsec. (p)(4)(B). , added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The term ‘qualified nonmetropolitan county’ means any county—

“(i) that, based on the most recent data available from the Bureau of the Census of the Department of Commerce—

section 143(k)(2)(B) of title 26“(I) is not located in a metropolitan statistical area (as defined in ); and

“(II) in which the median household income is less than 80 percent of the nonmetropolitan State median household income; or

“(ii) that, based on the most recent data available from the Secretary of Labor, has an unemployment rate that is not less than 140 percent of the statewide average unemployment rate for the State in which the county is located.”

Pub. L. 106–554, § 1(a)(9) [title VI, § 613(2)]Subsec. (p)(4)(C). , added subpar. (C).

Pub. L. 106–554, § 1(a)(9) [title VI, § 603(a)]Subsec. (p)(5)(A)(i)(I). , added subcl. (I) and struck out former subcl. (I) which read as follows: “it is a HUBZone small business concern;”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 614(2)]Subsec. (p)(5)(A)(i)(I)(aa). , substituted “subparagraph (A), (B), or (D)” for “subparagraph (A) or (B)”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 603(a)]section 657a(b) of this titleSubsec. (p)(5)(A)(i)(II). , added subcl. (II) and struck out former subcl. (II) which read as follows: “not less than 35 percent of the employees of the small business concern reside in a HUBZone, and the small business concern will attempt to maintain this employment percentage during the performance of any contract awarded to the small business concern on the basis of a preference provided under ; and”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 612(b)(1)]Subsec. (p)(5)(A)(i)(III)(cc). , added item (cc).

Pub. L. 106–554, § 1(a)(9) [title VI, § 615(a)]Subsec. (p)(5)(C). , which directed amendment of subpar. (C) by substituting “items (aa) and (bb) of subparagraph (A)(i)(III)” for “subclause (IV) and (V) of subparagraph (A)(i)”, was executed by making the substitution for “subclauses (IV) and (V) of subparagraph (A)(i)”, to reflect the probable intent of Congress.

Pub. L. 106–554, § 1(a)(9) [title VI, § 603(b)]Subsec. (p)(5)(D)(i). , inserted “once the Administrator has made the certification required by subparagraph (A)(i) regarding a qualified HUBZone small business concern and has determined that subparagraph (A)(ii) does not apply to that concern,” before “include”.

Pub. L. 106–554, § 1(a)(9) [title VI, § 604]Subsec. (p)(6). , added par. (6).

Pub. L. 106–554, § 1(a)(9) [title VI, § 612(b)(2)]Subsec. (p)(7). , added par. (7).

Pub. L. 106–50, § 401(a)section 636 of this title1999—Subsec. (f). , amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “For purposes of , the term ‘handicapped individual’ means a person who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable.”

Pub. L. 106–50, § 103(a)Subsec. (q). , added subsec. (q).

oPub. L. 105–135, § 412o1997—Subsec. (). , added subsec. ().

Pub. L. 105–135, § 602(a)Subsec. (p). , added subsec. (p).

Pub. L. 104–208 section 4107(b) of title 161996—Subsec. (k). inserted “commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under ),” after “tidal waves,”.

Pub. L. 103–4031994—Subsec. (a)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In addition to the criteria specified in paragraph (1), the Administrator may specify detailed definitions or standards (by number of employees or dollar volume of business) by which a business concern is to be recognized as a small business concern for the purposes of this chapter or any other Act. Unless specifically authorized by statute, the Secretary of a department or the head of a Federal agency may not prescribe for the use of such department or agency a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—

“(A) is being proposed after an opportunity for public notice and comment;

“(B) provides for determining, over a period of not less than 3 years—

“(i) the size of a manufacturing concern on the basis of the number of its employees during that period; and

“(ii) the size of a concern providing services on basis of the average gross receipts of the concern during that period; and

“(C) is approved by the Administrator.”

Pub. L. 103–355, § 4404(a)Subsec. (m). , substituted “ ‘simplified acquisition threshold’ ” for “ ‘small purchase threshold’ ”.

Pub. L. 103–355, § 7106(d)Subsec. (n). , added subsec. (n).

Pub. L. 102–366ProvidedMarch 31, 19811992—Subsec. (a). added pars. (2) and (3) and struck out at end of par. (1) “In addition to the foregoing criteria the Administrator, in making a detailed definition, may use these criteria, among others: Number of employees and dollar volume of business: , That the Administration shall not promulgate, amend, or rescind any rule [or] regulation with respect to size standards prior to . Where the number of employees is used as one of the criteria in making such definition for any of the purposes of this chapter, the maximum number of employees which a small-business concern may have under the definition shall vary from industry to industry to the extent necessary to reflect differing characteristics of such industries and to take proper account of other relevant factors.”

Pub. L. 101–5101990—Subsec. (m). added subsec. (m).

Pub. L. 100–6561988—Subsec. (a). struck out pars. (2) to (5) which established a program for review of size standards for eligibility of business concerns in certain industry categories for a procurement restricted to small business concerns under section 637(a) or 644(a) of this title and provided for adjustment of those standards and periodic review of the program.

Pub. L. 100–456Oct. 1, 1988 inserted provisions in par. (4)(C) respecting applicability of regulations to contracts entered into on or after .

lPub. L. 100–590lSubsecs. (j) to (). added subsec. (k) and redesignated subsec. (j), defining “computer crime”, as ().

Pub. L. 100–26, § 10(b)(2)(A)1987—Subsec. (a)(3). , substituted “dollar value of the contracts to be awarded in that industry category” for “value of contracts to be awarded under such sections”.

Pub. L. 100–26, § 10(b)(2)(B)Subsec. (a)(4)(A)(i). , substituted “paragraph (3)” for “paragraph (3)(A)”.

Pub. L. 100–26, § 10(b)(2)(C)Subsec. (a)(5). , substituted “shall be made not later than 180 days after the end of each such” for “made with the expiration of 180 days after each”.

Pub. L. 99–500 Pub. L. 99–591 Pub. L. 99–6611986—Subsec. (a). , , and amended subsec. (a) identically designating existing provision as par. (1) and adding pars. (2) to (5).

Pub. L. 99–272 inserted proviso that notwithstanding any other provision of law, an agricultural enterprise shall be deemed to be a small business concern if it, including its affiliates, has annual receipts not in excess of $500,000.

Pub. L. 99–514Subsec. (c)(2)(A), (3)(B)(i), (iv). substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Pub. L. 98–473 Pub. L. 98–270Provided1984—Subsec. (j). in subsec. (j) added by substituted “as a business concern and shall not include the income or employees of any member shareholder of such cooperative” for “as an entity and shall not include the income or employees of any member shareholder of such cooperative: , That such an association shall not be deemed to be a small agricultural cooperative unless each member of the board of directors of the association, or each member of the governing body of the association if it is not incorporated, also individually qualifies as a small business concern”.

Pub. L. 98–362 added subsec. (j) defining “computer crime”.

Pub. L. 98–270 added subsec. (j) defining “small agricultural cooperative”.

Pub. L. 97–351981—Subsecs. (d) to (i). added subsecs. (d) to (i).

Pub. L. 96–481March 31, 19811980—Subsec. (a). , in the additional criteria inserted proviso that the Administration shall not promulgate, amend, or rescind any rule or regulation with respect to size standards prior to .

Pub. L. 96–302Subsec. (c). added subsec. (c).

Pub. L. 95–5071978— designated existing provisions as subsec. (a) and added subsec. (b).

Pub. L. 94–3051976— inserted reference to enterprises that are engaged in business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. A, title VIII, § 862(b)(3)Jan. 1, 2021134 Stat. 3778Jan. 1, 2021section 862(a) of Pub. L. 116–283 section 657f of this title, , , provided that the amendment made by section 862(b)(3)(A) shall take effect on the transfer date (2 years after , see , set out as a note under ).

Pub. L. 116–283, div. A, title VIII, § 863(b)Jan. 1, 2021134 Stat. 3784

Jan. 1, 2021“This section [amending this section] and the amendments made by this section shall take effect 1 year after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 2019 Amendment

Pub. L. 116–92, div. A, title VIII, § 876Dec. 20, 2019133 Stat. 1528 section 1832(e) of Pub. L. 114–328Oct. 1, 2018, , , provided that the amendment made by section 876 is effective on the date specified in (, see Effective Date of 2016 Amendment note below).

Effective Date of 2017 Amendment

section 1701 of Pub. L. 115–91Jan. 1, 2020section 1701(j) of Pub. L. 115–91 section 657a of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2016 Amendment

Pub. L. 114–328, div. A, title XVIII, § 1832(e)Dec. 23, 2016130 Stat. 2660

section 637 of this title section 8127 of Title 38Oct. 1, 2018section 862(c)(3) of Pub. L. 116–283 section 657f of this title“The amendments made by subsections (a), (b), (c), and (d) [amending this section, , and , Veterans’ Benefits] shall take effect on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue regulations implementing such sections [probably should be “subsections”] [regulations effective , see 83 F.R. 48908; see also , set out as a note under ].”

, , , provided that:

Effective Date of 2015 Amendment

Pub. L. 114–92, div. A, title VIII, § 866(b)Nov. 25, 2015129 Stat. 931

42 U.S.C. 5170Nov. 25, 2015“The amendments made by subsection (a)(3)(B) [amending this section] shall apply to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act () or a catastrophic incident that occurs on or after the date of enactment of such subsection [].”

, , , provided that:

Effective Date of 2008 Amendment

Pub. L. 110–234 Pub. L. 110–246May 22, 2008Pub. L. 110–234 section 4 of Pub. L. 110–246 section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , see , set out as an Effective Date note under , Agriculture.

Effective Date of 1997 Amendment

Pub. L. 105–135Oct. 1, 1997section 3 of Pub. L. 105–135 section 631 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–208, div. D, title I, § 104(b)(2)Sept. 30, 1996110 Stat. 3009–731

March 1, 1994“The amendment made by paragraph (1) [amending this section] shall be effective with respect to any disaster occurring on or after .”

, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–355 section 10001 of Pub. L. 103–355 section 8752 of Title 10For effective date and applicability of amendment by , see , set out as a note under , Armed Forces.

Effective Date of 1987 Amendment

Pub. L. 100–26, § 12(c)Apr. 21, 1987101 Stat. 289

section 2365 of Title 10 section 101(c) of Pub. L. 99–500 Pub. L. 99–591 Pub. L. 99–661Oct. 18, 1986Oct. 30, 1986Nov. 14, 1986“The amendments made by sections 5 [amending , Armed Forces, and amending provisions set out as notes under sections 1621, 2326, and 2437 of Title 10] and 10 [amending this section, sections 637 and 644 of this title, and provisions set out as a note under this section] shall apply as if included in each instance of the Defense Acquisition Improvement Act (as specified in section 2) [title X of and , and title IX of div. A of ] when each was enacted [, , and , respectively].”

, , , provided that:

Effective Date of 1986 Amendment; Initial Review of Standards

Pub. L. 99–500 Pub. L. 99–591 Pub. L. 99–661 Pub. L. 100–26Apr. 21, 1987101 Stat. 273 Pub. L. 100–180, div. A, title VIII, § 809(d)Dec. 4, 1987101 Stat. 1130

“(g)

Effective Dates .—

October 1, 1987Except as otherwise provided in subsection (h), the amendments made by this section [amending this section and sections 637 and 644 of this title and enacting provisions set out as notes below] shall take effect on .

“(h)

Initial Review of Size Standards .—

(1)

15 U.S.C. 632(a)(2)Oct. 18, 1986 Paragraph (2) of section 3(a) of the Small Business Act (as added by subsection (f)) [] shall take effect on the date of the enactment of this Act [].

“(2)

October 1, 1983September 30, 1986 The first review conducted by the Administrator under such paragraph shall review the periods beginning on , and ending on , and shall be completed not later than 180 days after the date of the enactment of this Act.

“(3)

15 U.S.C. 637(a)November 30, 1987Pub. L. 100–180Dec. 4, 1987May 31, 1988 If the Administrator of the Small Business Administration determines, on the basis of the review referred to in paragraph (2), that contracts awarded under the set-aside programs under sections 8(a) and 15(a) of the Small Business Act [, 644(a)] in any industry category subject to that review exceed 30 percent of the dollar value of the total contract awards for that industry category, as determined in accordance with the last sentence of section 15(a)(3) of such Act, the Administrator shall propose adjustments to the size standards for such industry category establishing eligibility for a set-aside program to a size that will likely reduce the number of contracts which may be set aside to approximately 30 percent of the dollar value of the contracts to be awarded in that industry category. The Administrator shall publish proposed regulations, including any revised size standards, in the Federal Register by , or the date of enactment of the National Defense Authorization Act for Fiscal Years 1988 and 1989 [, ], whichever is later. The proposed regulations shall provide not less than 60 days for public comment. The Administrator shall issue final regulations not later than .

Section 101(c) [title X, § 921(g), (h)] of and , and section 921(g), (h) of title IX, formerly title IV, of ; renumbered title IX and amended by , §§ 3(5), 10(a)(2), , , 288; , , , provided that:

Effective Date of 1984 Amendments

Pub. L. 98–270, title III, § 312Apr. 18, 198498 Stat. 161

section 636 of this titleSeptember 1, 198215 U.S.C. 636(b)(2)(A)“The amendments made by sections 310 and 311 of this title [amending this section and ] shall apply to loans granted on the basis of any disaster with respect to which a declaration has been issued after , under section 7(b)(2) (A), (B), or (C) of the Small Business Act [, (B), (C)] or with respect to which a certification has been made after such date under section 7(b)(2)(D) of such Act.”

, , , provided that:

Pub. L. 98–270, title III, § 313Apr. 18, 198498 Stat. 162

section 631 of this titleOctober 1, 1983“This title [amending this section and sections 633, 636, and 647 of this title, enacting provisions set out as notes under sections 632 and 636 of this title, and amending provisions set out as a note under ] shall take effect .”

, , , provided that:

Pub. L. 98–362Oct. 1, 1984section 7(a) of Pub. L. 98–362 section 633 of this titleAmendment by effective , see , set out as an Effective and Termination Dates of 1984 Amendments note under .

Effective Date of 1981 Amendment

Pub. L. 97–35Aug. 13, 1981Aug. 13, 1981section 1918 of Pub. L. 97–35 section 631 of this titleAmendment by effective , but shall not affect any financing made, obligated, or committed under this chapter or chapter 14B of this title prior to , see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–302Oct. 1, 1980section 507 of Pub. L. 96–302 section 631 of this titleAmendment by effective , see , set out as a note under .

Regulations

Pub. L. 114–328, div. A, title XVIII, § 1835Dec. 23, 2016130 Stat. 2662

Dec. 23, 201615 U.S.C. 631 section 8127 of title 38“Not later than 180 days after the date of enactment of this Act [], the Administrator of the Small Business Administration and the Secretary of Veterans Affairs shall issue guidance pertaining to the amendments made by this title [see Tables for classification] to the Small Business Act [ et seq.] and , United States Code. The Administrator and the Secretary shall provide notice and opportunity for comment on such guidance for a period of not less than 60 days.”

, , , provided that:

Pub. L. 114–187, title IV, § 412(a)(2)June 30, 2016130 Stat. 595

June 30, 2016“The Administrator of the Small Business Administration shall issue regulations to implement the amendment made by paragraph (1) [amending this section] not later than 90 days after the date of the enactment of this Act [].”

, , , provided that:

Pub. L. 112–239, div. A, title XVI, § 1696(c)Jan. 2, 2013126 Stat. 2091

Jan. 2, 201315 U.S.C. 631 Pub. L. 112–239“Not later than 180 days after the date of enactment of this part [], the Administrator of the Small Business Administration shall issue guidance with respect to the changes made to the Small Business Act [ et seq.] by the amendments in this subtitle [subtitle C (§§ 1621–1699a) of title XVI of div. A of , see Tables for classification], with opportunities for notice and comment.”

, , , provided that:

Pub. L. 109–163, div. A, title VIII, § 845(d)Jan. 6, 2006119 Stat. 3391

Jan. 6, 2006section 636 of this title“Not later than 45 days after the date of enactment of this Act [], the Administrator of the Small Business Administration shall promulgate final rules to carry out this section [amending this section and ] and the amendments made by this section.”

, , , provided that:

Pub. L. 105–135, title VI, § 605Dec. 2, 1997111 Stat. 2635

“(a)

In General .—

Dec. 2, 1997section 631 of this titleNot later than 180 days after the date of enactment of this Act [], the Administrator shall publish in the Federal Register such final regulations as may be necessary to carry out this title [see Short Title of 1997 Amendment note set out under ] and the amendments made by this title.

“(b)

Federal Acquisition Regulation .—

Not later than 180 days after the date on which final regulations are published under subsection (a), the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation in order to ensure consistency between the Federal Acquisition Regulation, this title and the amendments made by this title, and the final regulations published under subsection (a).”

, , , provided that:

Pub. L. 102–366, title II, § 222(b)Sept. 4, 1992106 Stat. 999

“(1)

In general .—

Sept. 4, 1992Not later than 180 days after the date of enactment of this Act [], the Administrator of the Small Business Administration shall issue proposed regulations to implement the amendments made by subsection (a) [amending this section]. Final regulations shall be issued not later than 270 days after such date of enactment.

“(2)

Listing of additional size standards .—

The regulations required by paragraph (1) shall include a listing of all small business size standards prescribed by statute or by individual Federal departments and agencies, identifying the programs or purposes to which such size standards apply.”

, , , provided that:

Implementation

Pub. L. 113–66, div. A, title XVI, § 1614(c)Dec. 26, 2013127 Stat. 949

“(1)

Requirement for plan .—

Dec. 26, 2013section 637 of this titleNot later than 180 days after the date of the enactment of this Act [], the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall submit to the Committee on Small Business and the Committee on Armed Services of the House of Representatives and the Committee on Small Business and Entrepreneurship and the Committee on Armed Services of the Senate a plan to implement this section [amending this section and ] and the amendments made by this section. The plan shall contain assurances that the appropriate tracking mechanisms are in place to enable transparency of subcontracting activities at all tiers.

“(2)

Completion of plan actions .—

Not later than one year after the date of the enactment of this Act, the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall complete the actions required by the plan.

“(3)

Regulations .—

No later than 18 months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall promulgate any regulations necessary, and the Federal Acquisition Regulation shall be revised, to implement this section and the amendments made by this section.

“(4)

Applicability .—

Any regulations promulgated pursuant to paragraph (3) shall apply to contracts entered into after the last day of the fiscal year in which the regulations are promulgated.”

, , , provided that:

Small Business Compliance Guide

Pub. L. 112–239, div. A, title XVI, § 1681(c)Jan. 2, 2013126 Stat. 2086

Jan. 2, 2013Pub. L. 104–121 5 U.S.C. 601“Not later than 270 days after the date of enactment of this part [], the Administrator of the Small Business Administration shall issue (pursuant to section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 [; note]) a compliance guide to assist business concerns in accurately determining their status as a small business concern.”

, , , provided that:

Prohibition on Using TARP Funds or Tax Increases

Pub. L. 111–240, title I, § 1136Sept. 27, 2010124 Stat. 2520

“(a)

In General .—

section 636 of this title section 636 of this title section 696 of this title section 636 of this title 124 Stat. 2508 section 689d of this title section 634 of this title 124 Stat. 2509 section 696 of this title section 696 of this title section 636 of this title section 636 of this titleExcept as provided in subsection (b), nothing in section 1111 [amending and enacting provisions set out as a note under ], 1112 [amending ], 1113 [amending ], 1114 [], 1115 [amending ], 1116 [amending this section], 1117 [amending ], 1118 [], 1122 [amending and enacting provisions set out as a note under ], or 1131 [amending and enacting provisions set out as notes under ], or an amendment made by such sections, shall be construed to limit the ability of Congress to appropriate funds.

“(b)

TARP Funds and Tax Increases .—

“(1)

In general .—

Any covered amounts may not be used to carry out section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131, or an amendment made by such sections.

“(2)

Definition .—

In this subsection, the term ‘covered amounts’ means—

“(A)

12 U.S.C. 5211 12 U.S.C. 5211 12 U.S.C. 5212 12 U.S.C. 5201 the amounts made available to the Secretary of the Treasury under title I of the Emergency Economic Stabilization Act of 2008 S.C. [sic] 5201 et seq.) [ et seq.] to purchase (under section 101 []) or guarantee (under section 102 []) assets under that Act [ et seq.]; and

“(B)

26 U.S.C. 1Sept. 27, 2010December 31, 2010 any revenue increase attributable to any amendment to the Internal Revenue Code of 1986 [ et seq.] made during the period beginning on the date of enactment of this Act [] and ending on .”

, , , provided that:

Updated Size Standards

Pub. L. 114–328, div. A, title XVIII, § 1831(c)Dec. 23, 2016130 Stat. 2658

15 U.S.C. 632(a)Pub. L. 111–240 15 U.S.C. 632“Size standards established for agricultural enterprises under section 3(a) of the Small Business Act () shall be subject to the rolling review procedures established under section 1344(a) of the Small Business Jobs Act of 2010 [] ( note) [set out below].”

, , , provided that:

Pub. L. 111–240, title I, § 1344Sept. 27, 2010124 Stat. 2545

“(a)

Rolling Review.—

“(1)

In general .—

The Administrator shall—

“(A)

Sept. 27, 201015 U.S.C. 632(a)(2) during the 18-month period beginning on the date of enactment of this Act [], and during every 18-month period thereafter, conduct a detailed review of not less than ⅓ of the size standards for small business concerns established under section 3(a)(2) of the Small Business Act (), which shall include holding not less than 2 public forums located in different geographic regions of the United States;

“(B)

after completing each review under subparagraph (A) make appropriate adjustments to the size standards established under section 3(a)(2) of the Small Business Act to reflect market conditions;

“(C)

make publicly available—

“(i)

information regarding the factors evaluated as part of each review conducted under subparagraph (A); and

“(ii)

information regarding the criteria used for any revised size standards promulgated under subparagraph (B); and

“(D)

not later than 30 days after the date on which the Administrator completes each review under subparagraph (A), submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives and make publicly available a report regarding the review, including why the Administrator—

“(i)

used the factors and criteria described in subparagraph (C); and

“(ii)

adjusted or did not adjust each size standard that was reviewed under the review.

“(2)

Complete review of size standards .—

15 U.S.C. 632(a)(2)The Administrator shall ensure that each size standard for small business concerns established under section 3(a)(2) of the Small Business Act () is reviewed under paragraph (1) not less frequently than once every 5 years.

“(b)

Rules .—

Sept. 27, 2010Not later than 1 year after the date of enactment of this Act [], the Administrator shall promulgate rules for conducting the reviews required under subsection (a).”

, , , provided that:

section 1344 of Pub. L. 111–240 section 1001 of Pub. L. 111–240[For definitions of “Administrator” and “small business concern” as used in , set out above, see , set out under this section.]

HUBZone Status Time Line and Commencement

Pub. L. 112–239, div. A, title XVI, § 1698Jan. 2, 2013126 Stat. 2091

“(a)

Definition .—

Jan. 2, 201315 U.S.C. 631 Pub. L. 108–447 15 U.S.C. 632In this section, the term ‘covered base closure area’ means a base closure area that, on or before the date of enactment of this Act [], was treated as a HUBZone for purposes of the Small Business Act ( et seq.) pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [] ( note).

“(b)

Treatment as HUBZone.—

“(1)

In general .—

15 U.S.C. 631Subject to paragraph (2), a covered base closure area shall be treated as a HUBZone for purposes of the Small Business Act ( et seq.) during the 5-year period beginning on the date of enactment of this Act.

“(2)

Limitation .—

15 U.S.C. 631 15 U.S.C. 632The total period of time that a covered base closure area is treated as a HUBZone for purposes of the Small Business Act ( et seq.) pursuant to this section and section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 ( note) may not exceed 5 years.”

, , , provided that:

Pub. L. 108–447, div. K, title I, § 152(a)(2)Dec. 8, 2004118 Stat. 3457 Pub. L. 115–91, div. A, title XVII, § 1701(f)Dec. 12, 2017131 Stat. 1800Jan. 1, 2020, , , which required that a base closure area that had undergone final closure be treated as a HUBZone for purposes of this chapter for 5 years, was repealed by , (j), , , 1803, effective .

September 30, 1988Continued Effectiveness of Numerical Size Standards in Effect on

section 732 of Pub. L. 100–656Sept. 30, 1988Pub. L. 103–160, div. A, title VIII, § 850(1)Nov. 30, 1993107 Stat. 1726The last sentence of which provided that any numerical size standard that pertained to any of the designated industry groups, and that was in effect on , was to remain in effect for the duration of the Program, was repealed by , , .

Report on Effect of 1986 Amendments

Pub. L. 99–500 Pub. L. 99–591 Pub. L. 99–661 Pub. L. 100–26, § 3(5)Apr. 21, 1987101 Stat. 273July 15, 198715 U.S.C. 632(a)(2)(B)section 632 of this titleSection 101(c) [title X, § 921(i)] of and , and section 921(i) of title IX, formerly title IV, of ; renumbered title IX, , , , directed Administrator of the Small Business Administration, not later than , to submit to Congress a report on the amendments to sections 632, 637, and 644 of this title made by this section which was to include Administrator’s views on the advisability and feasibility of implementing such amendments, Administrator’s findings and determinations under the review of size standards for businesses that qualify as small businesses carried out pursuant to , a determination of whether or not the amendments to would further the interests of the set-aside program, and recommendations for furthering certain interests in a more efficient or effective manner than provided in such amendments.

Definitions

Pub. L. 111–240, title I, § 1001Sept. 27, 2010124 Stat. 2507

section 4713a of Title 12 section 604 of Title 5 section 2382 of Title 10 section 634g of this title section 631 of this title section 644 of this title“In this title [enacting sections 634g, 648b, and 657q of this title and , Banks and Banking, amending this section, sections 631, 633, 634, 634c, 636, 637, 644, 648, 649, 656, 657a, 689d, 695, and 696 of this title, , Government Organization and Employees, and , Armed Forces, repealing former , enacting provisions set out as notes under this section and sections 631, 636, 637, 644, 649, 649b, and 696 of this title, and sections 428 and 433 of Title 41, Public Contracts, amending provisions set out as notes under , and repealing provisions set out as notes under ]—

“(1)

the terms ‘Administration’ and ‘Administrator’ mean the Small Business Administration and the Administrator thereof, respectively; and

“(2)

15 U.S.C. 632 the term ‘small business concern’ has the meaning given that term under section 3 of the Small Business Act ().”

, , , provided that: