1994 US Code
Title 15 - COMMERCE AND TRADE
CHAPTER 14A - AID TO SMALL BUSINESS
Sec. 631 - Declaration of policy

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§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 order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation.

(b) Assistance to compete in international markets

(1) It is the declared policy of the Congress that the Federal Government, through the Small Business Administration, acting in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—

(A) enhancing their ability to export;

(B) facilitating technology transfers;

(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 attention to small business concerns (1) located in urban or rural areas with high proportions of unemployed or low-income individuals; or (2) owned by low-income individuals; and to mobilize for these objectives private as well as public managerial skills and resources.

(2)(A) With respect to the programs authorized by section 636(j) of this title, the Congress finds—

(i) that ownership and control of productive capital is concentrated in the economy of the United States and certain groups, therefore, own and control little productive capital;

(ii) that certain groups in the United States own and control little productive capital because they have limited opportunities for small business ownership;

(iii) that the broadening of small business ownership among groups that presently own and control little productive capital is essential to provide for the well-being of this Nation by promoting their increased participation in the free enterprise system of the United States;

(iv) that such development of business ownership among groups that presently own and control little productive capital will be greatly facilitated through the creation of a small business 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 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—

(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.

(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.)

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, §§1, 2, Feb. 11, 1957, 71 Stat. 1; 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

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 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 1989 Amendment

Section 32 of Pub. L. 101–37 provided that: “The amendments made by this Act [see Short Title of 1989 Amendment note below] shall apply as if included in the Business Opportunity Development Reform Act of 1988 [Pub. L. 100–656].”

Effective Date of 1988 Amendments

Section 803 of Pub. L. 100–656, as amended by Pub. L. 101–37, §31, June 15, 1989, 103 Stat. 76, provided that:

“(a) In General.—Except as otherwise provided, the following provisions (and the amendments made by such provisions) shall take effect on the date of the enactment of this Act [Nov. 15, 1988]:

“(1) Sections 1 and 2 [enacting provisions set out as notes under this section and section 636 of this title].

“(2) Section 101 [enacting provisions set out as a note under section 636 of this title].

“(3) Sections 202, 203, 204, 206, and 207 [amending this section and sections 636 and 637 of this title].

“(4) Sections 301(a) and 303(d), (e), and (f) [amending sections 636 and 637 of this title and enacting provisions set out as a note under section 637 of this title].

“(5) Sections 405, 406, 408, and 410 [amending sections 636, 639, and 645 of this title and enacting provisions set out as a note under section 636 of this title].

“(6) Sections 504 and 505 [amending section 636 of this title and enacting provisions set out as notes under section 636 of this title].

“(7) Sections 601 and 603 [amending section 644 of this title].

“(8) Titles VII and VIII [amending section 632 of this title and section 541 of Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under sections 632, 636, and 644 of this title, and amending provisions set out as a note under section 644 of this title].

“(9) Sections 7(j)(13)(G) and 7(j)(13)(I) of the Small Business Act [section 636(j)(13)(G), (I) of this title] (as added by section 301(b)).

“(b) Special Rules.—(1) Except as otherwise provided, the following sections (and the amendments made by such sections) shall take effect on August 15, 1989:

“(A) Sections 201, 205, and 208 [amending sections 636 and 637 of this title].

“(B) Sections 301(b), 301(c), 303(a), 303(c), 303(g), 303(h), and 304 [amending sections 636 and 637 of this title and enacting provisions set out as a note under section 637 of this title].

“(C) Sections 401, 402, 403, 404, and 409 [amending sections 633 and 637 of this title and enacting provisions set out as a note under section 633 of this title].

“(D) Section 602 [enacting provisions set out as a note under section 637 of this title].

“(2) Section 302 [amending section 636 of this title] shall take effect on June 1, 1989.

“(3) Section 407 [amending section 637 of this title] shall take effect with respect to contracts entered into on or after June 1, 1989.

“(4) The following sections (and the amendments made by such sections) shall take effect on October 1, 1989:

“(A) Section 209 [amending section 637 of this title].

“(B) Section 303(b) [amending section 637 of this title].

“(C) Sections 501, 502, and 503 [amending sections 637 and 644 of this title].

“(D) Section 7(j)(13)(E) of the Small Business Act [section 636(j)(13)(E) of this title] (as added by section 301(b) of this Act).”

Section 137 of title I of Pub. L. 100–590 provided that: “This title [enacting sections 687m and 697c of this title, amending this section and sections 631b, 632, 633, 634, 636, 637, 638, 644, 648, 681, 687, and 695 to 697b of this title, repealing section 694 of this title, enacting provisions set out as notes under this section and sections 636, 637, 639, 644, 694, and 697 of this title, and amending provisions set out as notes under this section and section 637 of this title] shall be effective on the date of enactment [Nov. 3, 1988], except that sections 118 through 122 [amending this section and sections 632 and 636 of this title] shall be effective for all loan applications resulting from disaster declarations made on or after August 1, 1988, or from disaster declarations whose filing periods were open on October 1, 1988. Any new credit authority provided for in this Act [see Short Title of 1988 Amendment note below] is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”

Section 8014 of title VIII of Pub. L. 100–418 provided that: “This title [amending this section and sections 636, 648, 649, and 696 of this title, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section 638 of this title] shall become effective on the date of its enactment [Aug. 23, 1988].”

Effective Date of 1981 Amendment

Section 1918 of Pub. L. 97–35 provided that: “Sections 1908, 1909, and 1913 of this title [amending sections 633, 636, and 696 of this title] shall be effective October 1, 1981, and section 1910 of this title [amending section 636 of this title] shall be effective as provided therein [Oct. 1, 1985]. All other provisions of this title [amending sections 632, 633, 636, and 639 of this title, repealing section 636a of this title, enacting provisions set out as notes under this section and section 636 of this title, and amending provisions set out as notes under this section] shall be effective immediately [Aug. 13, 1981] but shall not affect any financing made, obligated, or committed under the Small Business Act [this chapter] or the Small Business Investment Act of 1958 [chapter 14B of this title] prior to the effective date hereof.”

Effective Date of 1980 Amendment

Section 507 of Pub. L. 96–302 provided that: “This Act [enacting sections 631a, 631b, 648, and 697 of this title, amending this section, sections 632, 633, 634, 634d, 636, 637, 644, 647, 694–2, 694b, and 694c of this title, section 5315 of Title 5, Government Organization and Employees, and sections 1961 and 1964 of Title 7, Agriculture, enacting provisions set out as notes under this section and sections 636, 637, and 648 of this title, and amending provisions set out as a note under this section] shall take effect October 1, 1980.”

Short Title of 1994 Amendment

Section 1(a) of Pub. L. 103–403 provided that: “This Act [enacting 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, and 652 of this title, enacting provisions set out as notes under sections 634 and 636 of this title, amending provisions set out as notes under this section and section 648 of this title, and repealing provisions set out as notes under sections 634 and 636 of this title] may be cited as the ‘Small Business Guaranteed Credit Enhancement Act of 1993’.”

Short Title of 1992 Amendments

Pub. L. 102–564, §1(a), Oct. 28, 1992, 106 Stat. 4249, provided that: “This Act [amending sections 634, 636, 637, and 638 of this title and section 4124 of Title 18, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and section 638 of this title, amending provisions set out as notes under sections 644 and 648 of this title, and repealing provisions set out as a note under section 638 of this title] may be cited as the ‘Small Business Research and Development Enhancement Act of 1992’.”

Pub. L. 102–564, title I, §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 and 637 of this title, enacting provisions set out as a note under section 637 of this title, and amending provisions set out below] 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 1989 Amendment

Section 1 of Pub. L. 101–37 provided that: “This Act [amending this section and sections 633, 636, 637, 639, and 644 of this title, enacting provisions set out as a note under this section, and amending provisions set out as notes under this section and sections 633, 636, 637, and 644 of this title] may be cited as the ‘Business Opportunity Development Reform Act Technical Corrections Act’.”

Short Title of 1988 Amendments

Section 1(a) of Pub. L. 100–656 provided that: “This Act [amending this section, sections 632, 633, 636, 637, 639, 644, and 645 of this title, and section 541 of Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under this section and sections 632, 633, 636, and 637 of this title, and amending provisions set out as a note under section 644 of this title] may be cited as the ‘Business Opportunity Development Reform Act of 1988’.”

Section 1(a) of Pub. L. 100–590 provided that: “This Act [enacting sections 687m and 697c of this title, amending this section and sections 631b, 632, 633, 634, 636, 637, 638, 644, 648, 681, 687b, and 694b to 697b of this title, repealing section 694 of this title, enacting provisions set out as notes under this section and sections 636, 637, 639, 644, 661, 694, 694b, and 697 of this title, and amending provisions set out as notes under this section and sections 633 and 637 of this title] may be cited as the ‘Small Business Administration Reauthorization and Amendment Act of 1988’.”

Section 1 of Pub. L. 100–533 provided in part that Pub. L. 100–533 “[enacting section 417a of Title 41, Public Contracts, amending this section and sections 631b, 636, 637, and 1691b of this title, and enacting provisions set out as notes under this section, sections 636 and 637 of this title, and section 131 of Title 13, Census] may be cited as the ‘Women's Business Ownership Act of 1988’.”

Section 8001 of title VIII of Pub. L. 100–418 provided that: “This title [amending this section and sections 636, 648, 649, and 696 of this title, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section 638 of this title] may be cited as the ‘Small Business International Trade and Competitiveness Act’.”

Short Title of 1984 Amendments

Pub. L. 98–395, §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

Section 1 of Pub. L. 97–219 provided that: “This Act [amending section 638 of this title and enacting provisions set out as notes under section 638 of this title] may be cited as the ‘Small Business Innovation Development Act of 1982’.”

Short Title of 1981 Amendment

Pub. L. 97–35, title XIX, §1901, Aug. 13, 1981, 95 Stat. 767, provided that: “This title [amending sections 632, 633, 636, 639, and 696 of this title, repealing section 636a of this title, enacting provisions set out as notes under sections 632 and 636 of this title, and amending provisions set out as notes under this section] may be cited as the ‘Small Business Budget Reconciliation and Loan Consolidation/Improvement Act of 1981’.”

Short Title of 1980 Amendments

Pub. L. 96–481, title I, §110, Oct. 21, 1980, 94 Stat. 2323, provided that: “This part [part B (§§110–113) of title I of Pub. L. 96–481 enacting section 649 of this title, amending section 636 of this title and enacting provisions set out as notes under section 649 of this title] may be cited as the ‘Small Business Export Expansion Act of 1980’.”

Section 201 of title II of Pub. L. 96–302 provided that: “This title [enacting section 648, amending section 636, and enacting provisions set out as a note under section 648 of this title] may be cited as the ‘Small Business Development Center Act of 1980’.”

Section 301 of title III of Pub. L. 96–302 provided that: “This title [enacting sections 631a and 631b of this title] may be cited as the ‘Small Business Economic Policy Act of 1980’.”

Section 501 of title V of Pub. L. 96–302 provided that: “This title [amending sections 632 and 636 of this title and enacting provisions set out as notes under sections 631 and 636 of this title] may be cited as the ‘Small Business Employee Ownership Act of 1980’.”

Short Title of 1978 Amendment

Pub. L. 95–315, §1, July 4, 1978, 92 Stat. 377, provided: “That this Act [amending sections 633, 636, and 639 of this title and provisions set out as notes under this section] may be cited as the ‘Small Business Energy Loan Act’.”

Short Title of 1974 Amendment

Section 1 of Pub. L. 93–386 provided: “That this Act [enacting section 694c of this title, amending this section, sections 633, 634, 636, 639, 647, 694, and 694b of this title, and sections 2855, 2942, 2949, and 2982 of Title 42, The Public Health and Welfare, repealing sections 2901, 2902, 2905, 2906, 2906a, 2906b, 2906c, and 2907 of Title 42, and enacting provisions set out as notes under sections 633 and 694 of this title] may be cited as the ‘Small Business Amendments of 1974’.”

Short Title of 1967 Amendment

Section 101 of Pub. L. 90–104, title I, Oct. 11, 1967, 81 Stat. 268, provided that: “This title [amending sections 633, 636, and 637 of this title and section 2902 of Title 42, The Public Health and Welfare] may be cited as the ‘Small Business Act Amendments of 1967’.”

Short Title of 1961 Amendment

Section 1 of Pub. L. 87–305 provided: “That this Act [amending this section, sections 633, 634, 636, 637, and 639 of this title, and section 2158 of Appendix to Title 50, War and National Defense] may be cited as the ‘Small Business Act Amendments of 1961’.”

Short Title

Section 2[1] of Pub. L. 85–536 provided that this chapter should be known as the “Small Business Act”.

Repeal of Inconsistent Laws

Section 2[30], formerly section 2[21], of Pub. L. 85–536, as renumbered by Pub. L. 96–302, title II, §202, July 2, 1980, 94 Stat. 843, provided that: “All laws and parts of laws inconsistent with this Act [this chapter] are hereby repealed to the extent of such inconsistency.”

Regulations

Section 136 of title I of Pub. L. 100–590 provided that: “Notwithstanding any law, rule or regulation, the Small Business Administration shall promulgate final regulations to be effective on publication to carry out the provisions of this title [see Effective Date of 1988 Amendments note above] within six months after the date of enactment [Nov. 3, 1988].”

Section 8013 of title VIII of Pub. L. 100–418 provided that: “Notwithstanding any law, rule, or regulation, the Small Business Administration shall promulgate final regulations to carry out the provisions of this title [see Short Title of 1988 Amendments note above] within six months after the date of enactment of this title [Aug. 23, 1988].”

Separability

Section 2[19] of Pub. L. 85–536 provided that: “If any provision of this Act [this chapter], or the application thereof to any person or circumstances, is held invalid, the remainder of this Act [this chapter], and the application of such provision to other persons or circumstances, shall not be affected thereby.”

Authorization of Appropriations

Section 2[20] of Pub. L. 85–536, 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, provided that:

“(a)(1) For fiscal year 1985 and every year thereafter, there are hereby authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this Act other than those for which appropriations are specifically authorized. For fiscal year 1986 and every year thereafter, there are hereby authorized to be appropriated such sums as may be necessary and appropriate to be available solely (1) to carry out the provisions and purposes of the Small Business Development Center Program in section 21 [section 648 of this title], but not to exceed the level as specified in subsection (a) of such section, (2) to pay the expenses of the National Small Business Development Center Advisory Board as provided in section 21(h) [section 648(h) of this title], and (3) to reimburse centers for participation in evaluations as provided in section 21(j) [section 648(j) of this title]. All appropriations whether specifically or generally authorized shall remain available until expended.

“(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 the following fiscal year.

“(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) The following program levels are authorized for fiscal year 1991:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,000,000 in direct and immediate participation loans; and of such sum the Administration is authorized to make ,000,000 in loans as provided in section 7(a)(10) [section 636(a)(10) of this title], ,000,000 in loans as provided in section 7(a)(11), ,000,000 in loans as provided in section 7(a)(20), and ,000,000 in loans to disabled veterans and Vietnam era veterans (as defined in section 3741, title 38, United States Code) under the general terms and conditions of section 7(a) of this Act.

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,070,000,000 in deferred participation loans and other financings; and of such sum, the Administration is authorized to make ,500,000,000 in general business loans as provided in section 7(a) [section 636(a) of this title], ,000,000 in loans as provided in section 7(a)(12)(B), and 0,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title].

“(3) 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 ,000,000 in purchases of preferred stock and 0,000,000 in guarantees of debentures.

“(4) 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 ,800,000,000.

“(d) 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], 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 provisions of the Small Business Investment Act of 1958 [chapter 14B of this title], including salaries and expenses of the Administration.

“(e) The following program levels are authorized for fiscal year 1992:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,000,000 in direct and immediate participation loans; and of such sum the Administration is authorized to make ,000,000 in loans as provided in section 7(a)(10) [section 636(a)(10) of this title], ,000,000 in loans as provided in section 7(a)(11), ,000,000 in loans as provided in section 7(a)(20), and ,000,000 in loans to disabled veterans and Vietnam era veterans (as defined in section 3741, title 38, United States Code) under the general terms and conditions of section 7(a) of this Act.

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,978,000,000 in deferred participation loans and other financing. Of such sum, the Administration is authorized to make—

“(A) ,200,000,000 in general business loans, as provided in section 7(a) [section 636(a) of this title];

“(B) ,000,000 in loans, as provided in section 7(a)(12)(B); and

“(C) 5,000,000 in financings, as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title].

“(3) 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 ,000,000 in purchases of preferred stock and 0,000,000 in guarantees of debentures.

“(4) 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 ,890,000,000.

“(f) There are authorized to be appropriated to the Administration for fiscal year 1992 such sums as may be necessary to carry out the provisions of this Act [this chapter], 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 provisions of the Small Business Investment Act of 1958 [chapter 14B of this title], including salaries and expenses of the Administration.

“(g) The following program levels are authorized for fiscal year 1993:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,000,000 in direct and immediate participation loans; and of such sum the Administration is authorized to make ,000,000 in loans as provided in section 7(a)(10) [section 636(a)(10) of this title], ,000,000 in loans as provided in section 7(a)(11), ,000,000 in loans as provided in section 7(a)(20), and ,000,000 in loans to disabled veterans and Vietnam era veterans (as defined in section 3741, title 38, United States Code) under the general terms and conditions of section 7(a) of this Act.

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,155,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make—

“(A) ,200,000,000 in general business loans as provided in section 7(a) [section 636(a) of this title];

“(B) ,000,000 in loans, as provided in section 7(a)(12)(B); and

“(C) 0,000,000 in financings, as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title].

“(3) 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 ,000,000 in purchases of preferred securities, 1,000,000 in guarantees of debentures, of which ,000,000 is authorized in guarantees of debentures from companies operating pursuant to section 301(d) of such Act [section 681(d) of this title], and 0,000,000 in guarantees of participating securities.

“(4) 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 ,985,000,000.

“(h) There are authorized to be appropriated to the Administration for fiscal year 1993 such sums as may be necessary to carry out the provisions of this Act [this chapter], 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 provisions of the Small Business Investment Act of 1958 [chapter 14B of this title], including salaries and expenses of the Administration.

“(i) The following program levels are authorized for fiscal year 1994:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,000,000 in direct and immediate participation loans; and of such sum the Administration is authorized to make ,000,000 in loans as provided in section 7(a)(10) [section 636(a)(10) of this title], ,000,000 in loans as provided in section 7(a)(11), ,000,000 in loans as provided in section 7(a)(20), and ,000,000 in loans to disabled veterans and Vietnam era veterans (as defined in section 3741, title 38, United States Code) under the general terms and conditions of section 7(a) of this Act.

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,758,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make—

“(A) ,200,000,000 in general business loans, as provided in section 7(a) [section 636(a) of this title];

“(B) ,000,000 in loans, as provided in section 7(a)(12)(B); and

“(C) ,500,000,000 in financings, as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title].

“(3) 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 ,000,000 in purchases of preferred securities, 2,000,000 in guarantees of debentures, of which ,000,000 is authorized in guarantees of debentures from companies operating pursuant to section 301(d) of such Act [section 681(d) of this title], and 0,000,000 in guarantees of participating securities.

“(4) 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 ,084,000,000.

“(j) There are authorized to be appropriated to the Administration for fiscal year 1994 such sums as may be necessary to carry out the provisions of this Act [this chapter], 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 provisions of the Small Business Investment Act of 1958 [chapter 14B of this title], including salaries and expenses of the Administration.

“(k) Authorization of Appropriations.—To carry out the program established under section 7(m) [section 636(m) of this title], there are authorized to be appropriated to the Small Business Administration—

“(1) for fiscal year 1992—

“(A) ,000,000, to be used for the provision of loans; and

“(B) ,000,000, to be used for the provision of grants;

“(2) for fiscal year 1993—

“(A) ,000,000, to be used for the provision of loans; and

“(B) ,000,000, to be used for the provision of grants; and

“(3) for fiscal year 1994—

“(A) ,000,000, to be used for the provision of loans; and

“(B) ,000,000, to be used for the provision of grants.

“(l) The following program levels are authorized for fiscal year 1995:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make—

“(A) ,000,000 in technical assistance grants as provided in section 7(m) [section 636(m) of this title]; and

“(B) 0,000,000 in direct and immediate participation loans, and of such sum, the Administration is authorized to make—

“(i) not more than ,000,000 in loans, as provided in section 7(a)(10); and

“(ii) not more than 0,000,000 in loans, as provided in section 7(m).

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,420,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make—

“(A) ,150,000,000 in general business loans as provided in section 7(a) [section 636(a) of this title];

“(B) ,250,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title];

“(C) ,000,000,000 in loans as provided in section 7(a)(21); and

“(D) ,000,000 in loans as provided in section 7(m).

“(3) For the programs authorized by title III of the Small Business Investment Act of 1958 [section 681 et seq. of this title], the Administration is authorized to make—

“(A) ,000,000 in purchases of preferred securities;

“(B) 4,000,000 in guarantees of debentures, of which ,000,000 is authorized in guarantees of debentures from companies operating pursuant to section 301(d) of such Act [section 681(d) of this title]; and

“(C) 0,000,000 in guarantees of participating securities.

“(4) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 [section 694a et seq. of this title], the Administration is authorized to enter into guarantees not to exceed ,800,000,000, of which not more than 0,000,000 may be in bonds approved pursuant to the provisions of section 411(a)(3) of such Act [section 694b(a)(3) of this title].

“(5) The Administration is authorized to make grants or enter into cooperative agreements—

“(A) for the Service Corps of Retired Executives program authorized by section 8(b)(1) [section 637(b)(1) of this title], ,500,000;

“(B) for the Small Business Institute program authorized by section 8(b)(1), ,000,000; and

“(C) for activities of small business development centers pursuant to section 21(c)(3)(G) [section 648(c)(3)(G) of this title], ,000,000, to remain available until expended.

“(m)(1) There are authorized to be appropriated to the Administration for fiscal year 1995 such sums as may be necessary to carry out the provisions of this Act [this chapter], 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 provisions of the Small Business Investment Act of 1958 [section 661 et seq. of this title], including salaries and expenses of the Administration.

“(2) Notwithstanding paragraph (1), for fiscal year 1995—

“(A) no funds are authorized to be provided to carry out the loan program authorized by section 7(a)(21) [section 636(a)(21) of this title] except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under subsection (l)(2)(A) is fully funded; and

“(B) the Administration may not approve loans on behalf of the Administration or on behalf of any other department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act [this chapter] or the Small Business Investment Act of 1958 [section 661 et seq. of this title], except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than ,250,000.

“(n) The following program levels are authorized for fiscal year 1996:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make—

“(A) ,000,000 in technical assistance grants as provided in section 7(m) [section 636(m) of this title]; and

“(B) 1,000,000 in direct and immediate participation loans, and of such sum, the Administration is authorized to make—

“(i) ,000,000 in loans, as provided in section 7(a)(10); and

“(ii) 0,000,000 in loans, as provided in section 7(m).

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,680,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make—

“(A) ,500,000,000 in general business loans as provided in section 7(a) [section 636(a) of this title];

“(B) ,650,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title];

“(C) ,500,000,000 in loans as provided in section 7(a)(21); and

“(D) ,000,000 in loans as provided in section 7(m).

“(3) For the programs authorized by title III of the Small Business Investment Act of 1958 [section 681 et seq. of this title], the Administration is authorized to make—

“(A) ,000,000 in purchases of preferred securities;

“(B) 6,000,000 in guarantees of debentures, of which ,000,000 is authorized in guarantees of debentures from companies operating pursuant to section 301(d) of such Act [section 681(d) of this title]; and

“(C) 0,000,000 in guarantees of participating securities.

“(4) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 [section 694a et seq. of this title], the Administration is authorized to enter into guarantees not to exceed ,900,000,000, of which not more than 5,000,000 may be in bonds approved pursuant to the provisions of section 411(a)(3) of such Act [section 694b(a)(3) of this title].

“(5) The Administration is authorized to make grants or enter cooperative agreements—

“(A) for the Service Corps of Retired Executives program authorized by section 8(b)(1) [section 637(b)(1) of this title], ,700,000;

“(B) for the Small Business Institute program authorized by section 8(b)(1), ,200,000; and

“(C) for activities of small business development centers pursuant to section 21(c)(3)(G) [section 648(c)(3)(G) of this title], not to exceed ,000,000, to remain available until expended.

“(o)(1) There are authorized to be appropriated to the Administration for fiscal year 1996 such sums as may be necessary to carry out the provisions of this Act [this chapter], 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 provisions of the Small Business Investment Act of 1958 [section 661 et seq. of this title], including salaries and expenses of the Administration.

“(2) Notwithstanding paragraph (1), for fiscal year 1996—

“(A) no funds are authorized to be provided to carry out the loan program authorized by section 7(a)(21) [section 636(a)(21) of this title] except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under subsection (n)(2)(A) is fully funded; and

“(B) the Administration may not approve loans on behalf of the Administration or on behalf of any other department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act [this chapter] or the Small Business Investment Act of 1958 [section 661 et seq. of this chapter], except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than ,250,000.

“(p) The following program levels are authorized for fiscal year 1997:

“(1) For the programs authorized by this Act [this chapter], the Administration is authorized to make—

“(A) ,000,000 in technical assistance grants as provided in section 7(m) [section 636(m) of this title]; and

“(B) 2,000,000 in direct and immediate participation loans, and of such sum, the Administration is authorized to make—

“(i) ,000,000 in loans, as provided in section 7(a)(10); and

“(ii) 0,000,000 in loans, as provided in section 7(m).

“(2) For the programs authorized by this Act [this chapter], the Administration is authorized to make ,390,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make—

“(A) ,100,000,000 in general business loans as provided in section 7(a) [section 636(a) of this title];

“(B) ,250,000,000 in financings as provided in section 7(a)(13) and section 504 of the Small Business Investment Act of 1958 [section 697a of this title];

“(C) ,000,000,000 in loans as provided in section 7(a)(21); and

“(D) ,000,000 in loans as provided in section 7(m).

“(3) For the programs authorized by title III of the Small Business Investment Act of 1958 [section 681 et seq. of this title], the Administration is authorized to make—

“(A) ,000,000 in purchases of preferred securities;

“(B) 8,000,000 in guarantees of debentures, of which ,000,000 is authorized in guarantees of debentures from companies operating pursuant to section 301(d) of such Act [section 681(d) of this title]; and

“(C) 0,000,000 in guarantees of participating securities.

“(4) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 [section 694a et seq. of this title], the Administration is authorized to enter into guarantees not to exceed ,000,000,000, of which not more than 0,000,000 may be in bonds approved pursuant to the provisions of section 411(a)(3) of such Act [section 694b(a)(3) of this title].

“(5) The Administration is authorized to make grants or enter cooperative agreements—

“(A) for the Service Corps of Retired Executives program authorized by section 8(b)(1) [section 637(b)(1) of this title], ,900,000;

“(B) for the Small Business Institute program authorized by section 8(b)(1), ,400,000; and

“(C) for activities of small business development centers pursuant to section 21(c)(3)(G) [section 648(c)(3)(G) of this title], not to exceed ,000,000, to remain available until expended.

“(q)(1) There are authorized to be appropriated to the Administration for fiscal year 1997 such sums as may be necessary to carry out the provisions of this Act [this chapter], 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 provisions of the Small Business Investment Act of 1958 [section 661 et seq. of this title], including salaries and expenses of the Administration.

“(2) Notwithstanding paragraph (1), for fiscal year 1997—

“(A) no funds are authorized to be provided to carry out the loan program authorized by section 7(a)(21) [section 636(a)(21) of this title] except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under subsection (p)(2)(A) is fully funded; and

“(B) the Administration may not approve loans on behalf of the Administration or on behalf of any other department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act [this chapter] or the Small Business Investment Act of 1958 [section 661 et seq. of this title], except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than ,250,000.”

Transition Reimbursement

Section 414 of Pub. L. 103–403 provided that:

“(a) In General.—Subject to the limitation contained in subsection (b), in order to provide continuity in the development of women-owned business, the Administration may approve reasonable amounts made available to carry out title IV of the Women's Business Ownership Act of 1988 [Pub. L. 100–533, set out below] to be used to pay the salaries, if any, and expenses of the members and staff of the National Women's Business Council that are appointed on or before the date of enactment of this Act [Oct. 22, 1994].

“(b) Time Period.—No payments shall be made under subsection (a) after the expiration of the 90-day period beginning on the date of enactment of this Act.”

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, provided that:

“(a) Seminar.—The Administration shall 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. The Seminar shall build upon the information collected by the Administration through previously conducted regional small business trade conferences and the prior conference in the State of Washington.

“(b) Assistance by Experts.—For the purpose of ascertaining facts and developing policy recommendations concerning the expansion of United States exports from small companies, the Seminar shall bring together individuals who are experts in the fields of international trade and small business development and representatives of small businesses, associations, the labor community, academic institutions, and Federal, State and local governments.

“(c) Recommendations Concerning Utility of International Conference.—The Seminar shall specifically consider the utility of, and make recommendations regarding, a subsequent International Conference on Small Business and Trade that would—

“(1) help establish linkages between United States small business owners and small business owners in foreign countries;

“(2) enable United States small business owners to learn how others organize themselves for exporting; and

“(3) foster greater consideration of small business concerns in the GATT and other international trade agreements to which the United States is a signatory.”

Feasibility Study of Business Cooperation Network

Pub. L. 101–574, title II, §233, Nov. 15, 1990, 104 Stat. 2825, provided that:

“(a) In General.—The Administrator of the Small Business Administration shall conduct a study of the feasibility of establishing a business cooperation system similar to the Business Cooperation Network developed by the European Economic Community.

“(b) Purpose.—The purpose of the study shall be to identify—

“(1) the total cost to implement such a system in this country;

“(2) all existing business data systems at the Federal, state [sic] local government levels which would be of assistance in developing a program similar to either the Euro-Info-Centre and/or the European Business Cooperation Network;

“(3) all existing business data systems in the private sector which would be of assistance in developing a program similar to either the Euro-Info-Centre and/or the European Business Cooperation Network;

“(4) the amount of time it would take to fully implement this program in all fifty States; and

“(5) the benefits to the international competitiveness of the United States.

“(c) Participation.—In conducting the study, the Administrator shall encourage participation of all appropriate Federal departments and agencies, appropriate State departments and agencies, appropriate small business representative groups, and any other public and/or private entities which would play a role in the development of such a system.

“(d) Report.—Not later than one year after the date of the enactment of this Act [Nov. 15, 1990], the Administrator shall transmit to Congress a report containing the results of the study together with recommendations for such legislative and administrative actions as the Administrator considers appropriate.”

Development of Women's Business Enterprise

Title IV of Pub. L. 100–533, as amended by Pub. L. 102–191, §5, Dec. 5, 1991, 105 Stat. 1591; Pub. L. 103–81, §11, Aug. 13, 1993, 107 Stat. 783; Pub. L. 103–403, title IV, §413, Oct. 22, 1994, 108 Stat. 4193, provided that:

“SEC. 401. ESTABLISHMENT OF THE INTERAGENCY COMMITTEE.

“There is established an interagency committee to be known as the Interagency Committee on Women's Business Enterprise.

“SEC. 402. DUTIES OF THE INTERAGENCY COMMITTEE.

“(a) In General.—The Interagency Committee shall—

“(1) monitor, coordinate, and promote the plans, programs, and operations of the departments and agencies of the Federal Government that may contribute to the establishment and growth of women's business enterprise;

“(2) develop and promote new public sector initiatives, policies, programs, and plans designed to foster women's business enterprise;

“(3) review, monitor, and coordinate plans and programs, developed in the public sector, which affect the ability of women-owned businesses to obtain capital and credit;

“(4) promote and assist, as appropriate, in the development of surveys of women-owned business; and

“(5) design a comprehensive plan for a joint public-private sector effort to facilitate growth and development of women's business enterprise, which plan shall, not later than 1 year after the effective date of the Small Business Administration Reauthorization and Amendments Act of 1994 [Oct. 22, 1994], be submitted to the President for review.

“(b) Meetings.—The Interagency Committee shall meet not less than biannually at such times as the Interagency Committee determines to be necessary to perform the duties under subsection (a). A majority of the members of the Committee shall constitute a quorum for the approval of recommendations or reports issued pursuant to this section.

“(c) Interaction With Council.—In performing its duties under subsection (a), the Interagency Committee shall consult with the Council. The Interagency Committee may meet jointly with the Council at the discretion of the chairperson of the Interagency Committee and the chairperson of the Council, but not less frequently than twice annually. The chairperson of the Interagency Committee shall serve as chairperson of any joint meetings of the Interagency Committee and the Council.

“SEC. 403. MEMBERSHIP OF THE INTERAGENCY COMMITTEE.

“(a) In General.—

“(1) Participants.—The Interagency Committee shall be composed of 1 representative from each of the following:

“(A) The Department of Commerce.

“(B) The Department of Defense.

“(C) The Department of Health and Human Services.

“(D) The Department of Labor.

“(E) The Small Business Administration.

“(F) The Department of Transportation.

“(G) The Department of the Treasury.

“(H) The General Services Administration.

“(I) The Board of Governors of the Federal Reserve.

“(J) The Executive staff of the President engaged in policymaking activities.

“(2) Appointments.—

“(A) In general.—Except as provided in subparagraph (B), the head of each department and agency listed in paragraph (1) shall, not later than 45 days after the date of enactment of the Small Business Administration Reauthorization and Amendments Act of 1994 [Oct. 22, 1994], designate a representative who shall be a policymaking official within the department or agency.

“(B) Small business administration.—With respect to the Small Business Administration, the representative shall be the Assistant Administrator of the Office of Women's Business Ownership, who also shall serve as the vice chairperson of the Interagency Committee.

“(3) Other participation.—Other representatives of the Federal Government not listed in paragraph (1) may participate in the meetings and functions of the Interagency Committee on a temporary basis as needed to carry out specific Interagency Committee goals.

“(b) Appointment of Chairperson.—Not later than 45 days after enactment of the Small Business Administration Reauthorization and Amendments Act of 1994 [Oct. 22, 1994], the President, in consultation with the Administrator of the Small Business Administration, shall appoint 1 of the members of the Interagency Committee to serve as chairperson.

“(c) Noncompensation.—The members of the Interagency Committee shall serve without additional pay for such membership.

“(d) Detail of Federal Employees.—Upon request by the chairperson of the Interagency Committee, the head of any Federal department or agency may detail any of the personnel of such agency to assist the Interagency Committee in carrying out its duties under this title without regard to section 3341 of title 5, United States Code.

“SEC. 404. REPORTS FROM THE INTERAGENCY COMMITTEE.

“Not later than September 30, 1995, and annually thereafter, the Interagency Committee shall transmit to the President and to the Committees on Small Business of the Senate and the House of Representatives, a report containing—

“(1) any recommendations of the Council and any comments of the Interagency Committee thereon;

“(2) a detailed description of the activities of the Interagency Committee;

“(3) the findings and conclusions of the Interagency Committee; and

“(4) the Interagency Committee's recommendations for such legislation and administrative actions as the Interagency Committee considers appropriate to promote the development of small business concerns owned and controlled by women.

“SEC. 405. ESTABLISHMENT OF THE NATIONAL WOMEN'S BUSINESS COUNCIL.

“There is established a council to be known as the National Women's Business Council, which shall serve as an independent source of advice and policy recommendations to the Interagency Committee, to the Administrator through the Assistant Administrator of the Office of Women's Business Ownership, to the Congress, and to the President.

“SEC. 406. DUTIES OF THE COUNCIL.

“(a) In General.—The Council shall advise and consult with the Interagency Committee on matters relating to the activities, functions, and policies of the Interagency Committee, as provided in this title. The Council shall meet jointly with the Interagency Committee at the discretion of the chairperson of the Council and the chairperson of the Interagency Committee, but not less than biannually.

“(b) Meetings.—The Council shall meet separately at such times as the Council deems necessary. A majority of the members of the Council shall constitute a quorum for the approval of recommendations or reports issued pursuant to this section.

“(c) Recommendations.—The Council shall make annual recommendations for consideration by the Interagency Committee. The Council shall also provide reports and make such other recommendations as it deems appropriate to the Interagency Committee, to the President, to the Administrator, and to the Committees on Small Business of the Senate and the House of Representatives.

“(d) Other Duties.—The Council shall—

“(1) review, coordinate, and monitor plans and programs developed in the public and private sectors, which affect the ability of women-owned business enterprises to obtain capital and credit;

“(2) promote and assist in the development of a women's business census and other surveys of women-owned businesses;

“(3) monitor and promote the plans, programs, and operations of the departments and agencies of the Federal Government which may contribute to the establishment and growth of women's business enterprise;

“(4) develop and promote new initiatives, policies, programs, and plans designed to foster women's business enterprise; and

“(5) advise and consult with the Interagency Committee in the design of a comprehensive plan for a joint public-private sector effort to facilitate growth and development of women's business enterprise.

“SEC. 407. MEMBERSHIP OF THE COUNCIL.

“(a) Chairperson.—Not later than 45 days after the date of enactment of the Small Business Administration Reauthorization and Amendments Act of 1994 [Oct. 22, 1994], the President shall appoint an individual to serve as chairperson of the Council, in consultation with the Administrator. The chairperson of the Council shall be a prominent business woman who is qualified to head the Council by virtue of her education, training, and experience.

“(b) Other Members.—Not later than 60 days after the date of enactment of the Small Business Administration Reauthorization and Amendments Act of 1994 [Oct. 22, 1994], the Administrator shall appoint, in consultation with the Assistant Administrator of the Office of Women's Business Ownership and the chairperson of the Council appointed under subsection (a), 9 members of the Council, of whom—

“(1) 2 shall be—

“(A) owners of small businesses, as such term is defined in section 3 of the Small Business Act [15 U.S.C. 632]; and

“(B) members of the same political party as the President;

“(2) 2 shall—

“(A) be owners of small businesses, as such term is defined in section 3 of the Small Business Act [15 U.S.C. 632]; and

“(B) not be members of the same political party as the President; and

“(3) 5 shall be representatives of national women's business organizations.

“(c) Diversity.—In appointing members of the Council, the Administrator shall, to the extent possible, ensure that the members appointed reflect geographic, racial, economic, and sectoral diversity.

“(d) Service Term.—The term of service of the members of the Council shall be 3 years.

“(e) Other Federal Service.—If any member of the Council subsequently becomes an officer or employee of the Federal Government or of the Congress, such individual may continue as a member of the Council for not longer than the 30-day period beginning on the date on which such individual becomes such an officer or employee.

“(f) Vacancies.—A vacancy on the Council shall, not later than 30 days after the date on which the vacancy occurs, be filled in the same manner in which the original appointment was made.

“(g) Reimbursements.—Members of the Council shall serve without pay for such membership, except that members shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Council, in the same manner as persons serving on advisory boards pursuant to section 8(b) of the Small Business Act [15 U.S.C. 637(b)].

“(h) Executive Director.—Not later than 60 days after the date of enactment of the Small Business Administration Reauthorization Act of 1994 [Oct. 22, 1994], the Administrator, in consultation with the chairperson of the Council, shall appoint an executive director of the Council. Upon the recommendation by the executive director, the chairperson of the Council may appoint and fix the pay of 4 additional employees of the Council, at a rate of pay not to exceed the maximum rate of pay payable for a position at GS–15 of the General Schedule. All such appointments shall be subject to the appropriation of funds.

“(i) Rates of Pay.—The executive director and staff of the Council may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and except as provided in subsection (e), may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the executive director may not receive pay in excess of the annual rate of basic pay payable for a position at ES–3 of the Senior Executive Pay Schedule under section 5832 of title 5, United States Code.

“SEC. 408. DEFINITIONS.

“For purposes of this title—

“(1) the term ‘Administration’ means the Small Business Administration;

“(2) the term ‘Administrator’ means the Administrator of the Small Business Administration;

“(3) the term ‘control’ means exercising the power to make policy decisions concerning a business;

“(4) the term ‘Council’ means the National Women's Business Council, established under section 405;

“(5) the term ‘Interagency Committee’ means the Interagency Committee on Women's Business Enterprise, established under section 401;

“(6) the term ‘operate’ means being actively involved in the day-to-day management of a business;

“(7) the term ‘women's business enterprise’ means—

“(A) a business or businesses owned by a woman or a group of women; or

“(B) the establishment, maintenance, or development of a business or businesses by a woman or a group of women; and

“(8) the term ‘women-owned business’ means a small business which a woman or a group of women—

“(A) control and operate; and

“(B) own not less than 51 percent of the business.

“SEC. 409. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated for each of fiscal years 1995 through 1997, to carry out this title, 0,000.”

Disadvantaged Small Businesses

Section 504 of Pub. L. 100–533 provided that: “Nothing contained in this Act [see Short Title of 1988 Amendment note above] is intended to reduce or limit any programs, benefit, or activity that is authorized by law to assist small business concerns owned and controlled by socially and economically disadvantaged individuals as defined pursuant to section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).”

Globalization of Production; Report to Congress

Section 8009 of Pub. L. 100–418 directed Administrator of Small Business Administration, within one year after Aug. 23, 1988, to submit a written report to Committees on Small Business of House of Representatives and Senate, prepared by Administration in conjunction with Bureau of Census and in cooperation with other relevant agencies, that would analyze to extent possible the effect of increased outsourcing and other shifts in production arrangements on small firms, particularly manufacturing firms, within United States subcontractor tier and to extent that such data is not available determine methods by which such data might be collected; assess the impact of specific economic policies, including, but not limited to, procurement, tax and trade policies, in facilitating outsourcing and other international production arrangements; and make recommendations as to changes in Government policy that would improve competitive position of smaller United States subcontractors, including recommendations as to incentives which could be provided to larger corporations to maximize their use of United States subcontractors and assist these subcontractors in changing production and marketing strategies and in obtaining new business in domestic and foreign markets.

National Seminar on Small Business Exports

Section 8011 of Pub. L. 100–418 provided that:

“(a) Seminar.—The Administration shall conduct a National Seminar on Small Business Exports within one year following enactment of this Act [Aug. 23, 1988] in order to develop recommendations designed to stimulate exports from small companies. The Seminar shall build upon the information collected by the Administration through previously conducted regional small business trade conferences.

“(b) Assistance by Experts.—For the purpose of ascertaining facts and developing policy recommendations concerning the expansion of United States exports from small companies the Seminar shall bring together individuals who are experts in the fields of international trade and small business development and representatives of small businesses, associations, the labor community, academic institutions, and Federal, State and local governments.

“(c) Recommendations Concerning Utility of International Conference.—The Seminar shall specifically consider the utility of, and make recommendations regarding, a subsequent International Conference on Small Business and Trade that would—

“(1) help establish linkages between United States small business owners and small business owners in foreign countries;

“(2) enable United States small business owners to learn how others organize themselves for exporting; and

“(3) foster greater consideration of small business concerns in the GATT.”

Appointment of Administrator of Small Business Administration to Trade Policy Committee; Special Trade Assistant for Small Business in Office of United States Trade Representative

Section 8012 of Pub. L. 100–418 provided that:

“It is the sense of the Congress that the interests of the small business community have not been adequately represented in trade policy formulation and in trade negotiations. Therefore, it is the sense of the Congress that the Administrator of the Small Business Administration should be appointed as a member of the Trade Policy Committee and that the United States Trade Representative should consult with the Small Business Administration and its Office of Advocacy in trade policy formulation and in trade negotiations.

“Further, it is the sense of the Congress that the United States Trade Representative would better serve the needs of the small business community with full-time staff assistance with responsibilities for small business trade issues.

“Further, it is the sense of the Congress that the United States Trade Representative should appoint a special trade assistant for small business.”

White House Conference on Small Business

Pub. L. 101–409, Oct. 5, 1990, 104 Stat. 885, as amended by Pub. L. 103–81, §10, Aug. 13, 1993, 107 Stat. 783, provided: “That this Act may be cited as the ‘White House Conference on Small Business Authorization Act’.

“authorization of conference

“Sec. 2. (a) The President shall call and conduct a National White House Conference on Small Business (hereinafter referred to as the ‘National Conference’) not earlier than May 1, 1995, and not later than September 30, 1995, to carry out the purposes described in section 3 of this Act. The National Conference shall be preceded by State conferences, with at least one such conference being held in each State, and with at least two conferences being held in any State with a population of ten million or more. The State conferences shall be held not earlier than March 1, 1994, and at their conclusion shall be followed by regional meetings of delegates in at least six cities prior to the National Conference.

“(b) Participants in the National Conference and other interested individuals and organizations, are authorized to conduct activities at the State and regional level prior to the date of the National Conference, and shall direct such activities toward the consideration of the purposes of the National Conference.

“(c) The National Conference shall be conducted under the general supervision and direction of the White House Conference on Small Business Commission (hereinafter referred to as the ‘Commission’) established in section 5 of this Act.

“purpose of conference

“Sec. 3. The purpose of the National Conference shall be to increase public awareness of the essential contribution of small business; to identify the problems of small business; to examine the status of minorities and women as small business owners; to assist small business in carrying out its role as the Nation's job creator; to assemble small businesses (particularly those who are not actively involved in small business or trade organizations) to develop such specific and comprehensive recommendations for executive and legislative action as may be appropriate for maintaining and encouraging the economic viability of small business and, thereby, the Nation; and to review the status of recommendations adopted at the 1986 White House Conference on Small Business.

“conference participants

“Sec. 4. (a) In order to carry out the purposes specified in section 3 of this Act, the National Conference shall bring together individuals concerned with issues relating to small business: Provided, That no owner, officer or employee of a small business concern may be denied admission to any State conference, nor may any fee or charge be imposed on any such owner, officer or employee except an amount to cover the cost of any meal provided plus a registration fee of not to exceed . The Commission may not impose any fees or charges except as specified in this subsection and may not accept any gifts of money from any source. Amounts collected as fees and charges shall be used solely to pay the cost of meals provided and to defray the expense of meeting rooms. The Commission shall—

“(1) keep a record of all receipts and disbursements as directed by the Administrator of the Small Business Administration;

“(2) open and maintain an account in an institution whose accounts are insured by an instrumentality of the United States, into which account all receipts shall be deposited and from which all payments shall be disbursed; and

“(3) provide such periodic financial reports to the Small Business Administration as the Administrator may request.

“(b) Delegates, including alternates, to the National Conference shall be elected by participants at the State conferences: Provided, That each Governor and each chief executive official of the political subdivisions enumerated in section 4(a) of the Small Business Act [15 U.S.C. 633(a)] may appoint one delegate and one alternate: Provided further, That each Member of the United States House of Representatives, including each Delegate, and each Member of the United States Senate may appoint one delegate and one alternate: and Provided further, That the President may appoint one hundred delegates and alternates. Only owners, employees or corporate officers of small businesses shall be eligible for appointment or election pursuant to this subsection, and delegates may be elected only at the conference for the State in which he or she resides.

“commission

“Sec. 5. (a) There is hereby established a White House Conference on Small Business Commission. Subsequent to the date of enactment of this Act [probably means date of enactment of Pub. L. 103–81, which was approved Aug. 13, 1993], but not later than 30 days after the date of enactment of this Act, the President shall select and appoint eleven individuals to the Commission. The commissioners shall be responsible for the overall preparation for and conduct of the National Conference, including the issuance of the report specified in section 7 of this Act.

“(b) At least seven of the individuals appointed shall be small business owners, employees or corporate officers of a small business. Other members may include representatives of businesses (other than small), associations, or educational institutions.

“(c) Not more than six of the Commissioners shall be of the same political party. No member shall be an officer or employee of the Federal Government, in either the executive branch or the Congress.

“(d) Commissioners shall be appointed for a term which shall expire on the date the report is submitted, except if the status of any such appointee changes so that he or she would have been ineligible for appointment, such individual may continue as a Commissioner for not longer than a thirty-day period beginning on the date such individual becomes ineligible.

“(e) A vacancy shall be filled in the manner in which the original appointment was made.

“(f) Commissioners shall serve without pay, except they shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their functions in the same manner as persons employed intermittently in the Federal Goverment [sic] are allowed expenses under section 5703 of title 5, United States Code.

“(g) Six Commissioners shall constitute a quorum for the transaction of business. Meetings shall be at the call of the Chairperson who shall be designated by the President.

“(h) The Commission shall have an executive director who shall be appointed by the Chairperson, and such other staff as it deems appropriate. The executive director and other personnel may be appointed without regard to section 531(b) [5311(b)] of title 5, United States Code, and without regard to the provisions of such title governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule.

“(i) The Commission may procure temporary and intermittent services under section 3109(b) of title 5 of the United States Code but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS–18 of the General Schedule.

“(j) Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist in carrying out the National Conference without regard to section 3341 of title 5 of the United States Code. Except as otherwise prohibited by law, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties under this Act. Upon the request of the Chairperson, the head of such department or agency shall promptly furnish such information to the Commission.

“(k) The Administrator of the General Service Administration shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.

“planning and administration of conference

“Sec. 6. (a) In order to facilitate the carrying out of the provisions of this Act, the Administrator of the Small Business Administration—

“(1) shall provide such assistance as may be necessary for the organization and conduct of conferences at the State and regional levels as authorized under section 2 of this Act;

“(2) is authorized to enter into contracts with public agencies, private organizations, business entities and academic institutions to carry out the provisions of this Act: Provided, That the Administrator shall coordinate any such contracting in advance with the Commission if it has met and organized; and

“(3) shall prescribe such financial controls and accounting procedures for the handling of income received by the Commission as fees and charges and the payment by the Commission of authorized meal and meeting room expenses.

“(b) The Chief Counsel for Advocacy shall assist in carrying out the provisions of this Act by preparing and providing background materials for use by participants in the National Conference, as well as by participants in State and regional conferences.

“(c) The White House Conference on Small Business Commission shall conduct appropriate outreach efforts to obtain the participation, at both State conferences and at the National Conference, of individuals who are not actively involved in small business or trade organizations.

“(d) Expenses.—(1) Each delegate to the National Conference shall pay his or her expenses of attending the Conference. However, prior to the National Conference, any delegate may seek reimbursement from the Conference upon written application establishing that his or her anticipated expenses would constitute a financial burden.

“(2) The Commission shall adopt rules, guidelines, and procedures to implement this provision. No delegate shall be reimbursed for any expense except transportation, meals and lodging and shall not be reimbursed at more than the rates provided to employees of the Federal Government who travel to Washington, DC, on official business during the time when the National Conference is held.

“(3) At the beginning of each State conference, all attendees shall be advised of this provision and any rules or procedures adopted by the Commission to implement it.

“(4) A separate accounting for these reimbursed expenses shall be provided to the Small Business Administration.

“reports required

“Sec. 7. (a) Not more than four months from the date on which the National Conference is convened, a final report of the National Conference shall be submitted to the President and the Congress. The report shall include the findings and recommendations of the delegates as well as proposals for any legislative action necessary to implement their recommendations. The report shall be available to the public.

“(b) At the same time, the Commission shall—

“(1) provide a final financial report to the Small Business Administration and shall deliver to the Agency all of its financial books and records; and

“(2) deposit in the Treasury of the United States, for crediting as miscellaneous receipts, any monies collected as fees and charges pursuant to the authority of this Act which remain unexpended.

“followup actions

“Sec. 8. The Small Business Administration shall report to the Congress annually during the three-year period following the submission of the final report of the National Conference on the status and implementation of the findings and recommendations.

“availability of funds

“Sec. 9. (a) There are hereby authorized to be appropriated for fiscal year 1992, or any year thereafter, not to exceed ,000,000 to carry out the provisions of this Act, and such sums shall remain available until expended. New spending authority or authority to enter contracts as provided in this Act shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.

“(b) No funds appropriated to the Small Business Administration shall be made available to carry out the provisions of this Act other than funds appropriated specifically for the purpose of conducting the National Conference. Any funds remaining unexpended at the termination of the National Conference, including submission of the report pursuant to section 7, shall be returned to the Treasury of the United States and credited as miscellaneous receipts.”

[References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.]

Pub. L. 98–276, May 8, 1984, 98 Stat. 169, directed President to call and conduct a National White House Conference on Small Business not later than Sept. 1, 1986, with Conference to submit a final report to President and Congress not more than six months from date on which Conference convened, and with that final report to include finding and recommendations of Conference as well as proposals for any legislative action necessary to implement Conference's recommendations; and required Small Business Administration to report to Congress annually during the 3-year period following submission of final report on status and implementation of findings and recommendations of Conference.

Asian Pacific Americans as Disadvantaged Minority in 1978

Section 118(c)(1) of Pub. L. 96–302 provided that 1980 Amendment of subsec. (e)(1)(C) by Pub. L. 96–302, §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 as a note below.

Ex. Ord. No. 11625. National Program for Minority Business Enterprise

Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, as amended by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:

The opportunity for full participation in our free enterprise system by socially and economically disadvantaged persons is essential if we are to obtain social and economic justice for such persons and improve the functioning of our national economy.

The Office of Minority Business Enterprise, established in 1969, greatly facilitated the strengthening and expansion of our minority enterprise program. In order to take full advantage of resources and opportunities in the minority enterprise field, we now must build on this foundation. One important way of improving our efforts is by clarifying the authority of the Secretary of Commerce (a) to implement Federal policy in support of the minority business enterprise program; (b) provide additional technical and management assistance to disadvantaged business; (c) to assist in demonstration projects; and (d) to coordinate the participation of all Federal departments and agencies in an increased minority enterprise effort.

NOW, THEREFORE, by virtue of the authority vested in me as President of the United States, it is ordered as follows:

Section 1. Functions of the Secretary of Commerce. (a) The Secretary of Commerce (hereinafter referred to as “the Secretary”) shall—

(1) Coordinate as consistent with law the plans, programs, and operations of the Federal Government which affect or may contribute to the establishment, preservation, and strengthening of minority business enterprise.

(2) Promote the mobilization of activities and resources of State and local governments, businesses and trade associations, universities, foundations, professional organizations, and volunteer and other groups towards the growth of minority business enterprises, and facilitate the coordination of the efforts of these groups with those of Federal departments and agencies.

(3) Establish a center for the development, collection, summarization, and dissemination of information that will be helpful to persons and organizations throughout the Nation in undertaking or promoting the establishment and successful operation of minority business enterprise.

(4) Within constraints of law and appropriations therefor, and according to his discretion, provide financial assistance to public and private organizations so that they may render technical and management assistance to minority business enterprises, and defray all or part of the costs of pilot or demonstration projects conducted by public or private agencies or organizations which are designed to overcome the special problems of minority business enterprises or otherwise to further the purposes of this order.

(b) The Secretary, as he deems necessary or appropriate to enable him to better fulfill the responsibilities vested in him by subsection (a), may—

(1) With the participation of other Federal departments and agencies as appropriate, develop comprehensive plans and specific program goals for the minority enterprise program; establish regular performance monitoring and reporting systems to assure that goals are being achieved; and evaluate the impact of Federal support in achieving the objectives established by this order.

(2) Require a coordinated review of all proposed Federal training and technical assistance activities in direct support of the minority enterprise program to assure consistency with program goals and to avoid duplication.

(3) Convene, for purposes of coordination, meetings of the heads of such departments and agencies, or their designees, whose programs and activities may affect or contribute to the purposes of this order.

(4) Convene business leaders, educators, and other representatives of the private sector who are engaged in assisting the development of minority business enterprise or who could contribute to its development, for the purpose of proposing, evaluating and coordinating governmental and private activities in furtherance of the objectives of this order.

(5) Confer with and advise officials of State and local governments.

(6) Provide the managerial and organizational framework through which joint or collaborative undertakings with Federal departments or agencies or private organizations can be planned and implemented.

(7) Recommend appropriate legislative or executive actions.

Sec. 2. [Revoked by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839.]

Sec. 3. Responsibilities of Other Federal Departments and Agencies. (a) The head of each Federal department and agency, or a representative designated by him, when and in the manner so requested by the Secretary, shall furnish information, assistance, and reports to, and shall otherwise cooperate with, the Secretary in the performance of his functions hereunder.

(b) The head of each Federal department or agency shall, when so requested by the Secretary, designate his Under Secretary or such other similar official to have primary and continuing responsibility for the participation and cooperation of that department or agency in matters concerning minority business enterprise.

(c) The officials designated under the preceding paragraph, when so requested, shall review and report to the Secretary upon the policies and programs of the minority business enterprise program, and shall keep the Secretary informed of all proposed budgets, plans and programs of his department or agency affecting minority business enterprise.

(d) The head of each Federal department or agency, or a representative designated by him, shall, to the extent provided under regulations issued by the Secretary after consultation with the official designated in paragraph (b) above, report to the Secretary on any activity that falls within the scope of the minority business enterprise program as defined herein and in those regulations.

(e) Each Federal department or agency shall, within constraints of law and appropriations therefor, continue all current efforts to foster and promote minority business enterprises and to support the program herein set forth, and shall cooperate with the Secretary of Commerce in increasing the total Federal effort.

Sec. 4. Reports. The Secretary shall, not later than 120 days after the close of each fiscal year, submit to the President a full report of his activities hereunder during the previous fiscal year. Further, the Secretary shall, from time to time, submit to the President his recommendations for legislation or other action as he deems desirable to promote the purposes of this order. Each Federal department or agency shall report to the Secretary as hereinabove provided on a timely basis so that the Secretary may consider such reports for his report and recommendations to the President. Each Federal department or agency shall develop and implement systematic data collection processes which will provide to the Office of Minority Business Enterprise Information Center current data helpful in evaluating and promoting the efforts herein described.

Sec. 5. Policies and Standards. The Secretary may establish such policies, standards, definitions, criteria, and procedures to govern the implementation, interpretation, and application of this order, and generally perform such functions and take such steps as he may deem to be necessary or appropriate to achieve the purposes and carry out the provisions hereof.

Sec. 6. Definitions. For purposes of this order, the following definitions shall apply:

(a) “Minority business enterprise” means a business enterprise that is owned or controlled by one or more socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic circumstances or background or other similar cause. Such persons include, but are not limited to, Negroes, Puerto Ricans, Spanish-speaking Americans, American Indians, Eskimos, and Aleuts.

(b) “State” means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.

Sec. 7. Construction. Nothing in this order shall be construed as subjecting any function vested in, or assigned pursuant to law to, any Federal department or agency or head thereof to the authority of any other agent or office exclusively, or as abrogating or restricting any such function in any manner.

Sec. 8. Prior Executive Order. Executive Order No. 11458 of March 5, 1969, is hereby superseded.

Advisory Council for Minority Enterprise

For provisions relating to termination of, see Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, set out as a note under section 14 of the Federal Advisory Committee Act, set out in the Appendix to Title 5, Government Organization and Employees.

Term of the Advisory Council for Minority Enterprise extended until Dec. 31, 1978, see Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, set out as a note under section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, Title 5, Appendix, Government Organization and Employees.

Executive Order No. 12061

Ex. Ord. No. 12061, May 18, 1978, 43 F.R. 21865, as amended by Ex. Ord. No. 12091, Nov. 1, 1978, 43 F.R. 51373, which related to the Small Business Conference Commission, was revoked by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees.

Ex. Ord. No. 12138. National Women's Business Enterprise Policy and National Program for Women's Business Enterprise

Ex. Ord. No. 12138, May 18, 1979, 44 F.R. 29637, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:

In response to the findings of the Interagency Task Force on Women Business Owners and congressional findings that recognize:

1. the significant role which small business and women entrepreneurs can play in promoting full employment and balanced growth in our economy;

2. the many obstacles facing women entrepreneurs; and

3. the need to aid and stimulate women's business enterprise;

By the authority vested in me as President of the United States of America, in order to create a National Women's Business Enterprise Policy and to prescribe arrangements for developing, coordinating and implementing a national program for women's business enterprise, it is ordered as follows:

1–1. Responsibilities of the Federal Departments and Agencies

1–101. Within the constraints of statutory authority and as otherwise permitted by law:

(a) Each department and agency of the Executive Branch shall take appropriate action to facilitate, preserve and strengthen women's business enterprise and to ensure full participation by women in the free enterprise system.

(b) Each department and agency shall take affirmative action in support of women's business enterprise in appropriate programs and activities including but not limited to:

(1) management, technical, financial and procurement assistance,

(2) business-related education, training, counseling and information dissemination, and

(3) procurement.

(c) Each department or agency empowered to extend Federal financial assistance to any program or activity shall issue regulations requiring the recipient of such assistance to take appropriate affirmative action in support of women's business enterprise and to prohibit actions or policies which discriminate against women's business enterprise on the ground of sex. For purposes of this subsection, Federal financial assistance means assistance extended by way of grant, cooperative agreement, loan or contract other than a contract of insurance or guaranty. These regulations shall prescribe sanctions for noncompliance. Unless otherwise specified by law, no agency sanctions shall be applied until the agency or department concerned has advised the appropriate person or persons of the failure to comply with its regulations and has determined that compliance cannot be secured by voluntary means.

1–102. For purposes of this Order, affirmative action may include, but is not limited to, creating or supporting new programs responsive to the special needs of women's business enterprise, establishing incentives to promote business or business-related opportunities for women's business enterprise, collecting and disseminating information in support of women's business enterprise, and insuring to women's business enterprise knowledge of and ready access to business-related services and resources. If, in implementing this Order, an agency undertakes to use or to require compliance with numerical set-asides, or similar measures, it shall state the purpose of such measure, and the measure shall be designed on the basis of pertinent factual findings of discrimination against women's business enterprise and the need for such measure.

1–103. In carrying out their responsibilities under Section 1–1, the departments and agencies shall consult the Department of Justice, and the Department of Justice shall provide legal guidance concerning these responsibilities.

1–2. Establishment of the Interagency Committee on Women's Business Enterprise

1–201. To help insure that the actions ordered above are carried out in an effective manner, I hereby establish the Interagency Committee on Women's Business Enterprise (hereinafter called the Committee).

1–202. The Chairperson of the Committee (hereinafter called the Chairperson) shall be appointed by the President. The Chairperson shall be the presiding officer of the Committee and shall have such duties as prescribed in this Order or by the Committee in its rules of procedure. The Chairperson may also represent his or her department, agency or office on the Committee.

1–203. The Committee shall be composed of the Chairperson and other members appointed by the heads of departments and agencies from among high level policy-making officials. In making these appointments, the recommendations of the Chairperson shall be taken into consideration. The following departments and agencies and such other departments and agencies as the Chairperson shall select shall be members of the Committee: the Departments of Agriculture; Commerce; Defense; Energy; Health and Human Services; Housing and Urban Development; Interior; Justice; Labor; Transportation; Treasury; the Federal Trade Commission; General Services Administration; National Science Foundation; Office of Federal Procurement Policy; and the Small Business Administration. These members shall have a vote. Nonvoting members shall include the Executive Director of the Committee and at least one but no more than three representatives from the Executive Office of the President appointed by the President.

1–204. The Committee shall meet at least quarterly at the call of the Chairperson, and at such other times as may be determined to be useful according to the rules of procedure adopted by the Committee.

1–205. The Administrator of the Small Business Administration shall provide an Executive Director and adequate staff and administrative support for the Committee. The staff shall be located in the Office of the Chief Counsel for Advocacy of the Small Business Administration, or in such other office as may be established specifically to further the policies expressed herein. Nothing in this Section prohibits the use of other properly available funds and resources in support of the Committee.

1–3. Functions of the Committee

The Committee shall in a manner consistent with law:

1–301. Promote, coordinate and monitor the plans, programs and operations of the departments and agencies of the Executive Branch which may contribute to the establishment, preservation and strengthening of women's business enterprise. It may, as appropriate, develop comprehensive interagency plans and specific program goals for women's business enterprise with the cooperation of the departments and agencies.

1–302. Establish such policies, definitions, procedures and guidelines to govern the implementation, interpretation and application of this order, and generally perform such functions and take such steps as the Committee may deem to be necessary or appropriate to achieve the purposes and carry out the provisions hereof.

1–303. Promote the mobilization of activities and resources of State and local governments, business and trade associations, private industry, colleges and universities, foundations, professional organizations, and volunteer and other groups toward the growth of women's business enterprise, and facilitate the coordination of the efforts of these groups with those of the departments and agencies.

1–304. Make an annual assessment of the progress made in the Federal Government toward assisting women's business enterprise to enter the mainstream of business ownership and to provide recommendations for future actions to the President.

1–305. Convene and consult as necessary with persons inside and outside government to develop and promote new ideas concerning the development of women's business enterprise.

1–306. Consider the findings and recommendations of government and private sector investigations and studies of the problems of women entrepreneurs, and promote further research into such problems.

1–307. Design a comprehensive and innovative plan for a joint Federal and private sector effort to develop increased numbers of new women-owned businesses and larger and more successful women-owned businesses. The plan should set specific reasonable targets which can be achieved at reasonable and identifiable costs and should provide for the measurement of progress towards these targets at the end of two and five years. Related outcomes such as income and tax revenues generated, jobs created, new products and services introduced or new domestic or foreign markets created should also be projected and measured in relation to costs wherever possible. The Committee should submit the plan to the President for approval within six months of the effective date of this Order.

1–4. Other Responsibilities of the Federal Departments and Agencies

1–401. The head of each department and agency shall designate a high level official to have the responsibility for the participation and cooperation of that department or agency in carrying out this Executive order. This person may be the same person who is the department or agency's representative to the Committee.

1–402. To the extent permitted by law, each department and agency upon request by the Chairperson shall furnish information, assistance and reports and otherwise cooperate with the Chairperson and the Committee in the performance of their functions hereunder. Each department or agency shall ensure that systematic data collection processes are capable of providing the Committee current data helpful in evaluating and promoting the efforts herein described.

1–403. The officials designated under Section 1–401, when so requested, shall review the policies and programs of the women's business enterprise program, and shall keep the Chairperson informed of proposed budget, plans and programs of their departments or agencies affecting women's business enterprise.

1–404. Each Federal department or agency, within constraints of law, shall continue current efforts to foster and promote women's business enterprise and to support the program herein set forth, and shall cooperate with the Chairperson and the Committee in increasing the total Federal effort.

1–5. Reports

1–501. The Chairperson shall, promptly after the close of the fiscal year, submit to the President a full report of the activities of the Committee hereunder during the previous fiscal year. Further, the Chairperson shall, from time to time, submit to the President the Committee's recommendations for legislation or other action to promote the purposes of this Order.

1–502. Each Federal department and agency shall report to the Chairperson as hereinabove provided on a timely basis so that the Chairperson and the Committee can consider such reports for the Committee report to the President.

1–6. Definitions

For the purposes of this Order, the following definitions shall apply:

1–601. “Women-owned business” means a business that is at least 51 percent owned by a woman or women who also control and operate it. “Control” in this context means exercising the power to make policy decisions. “Operate” in this context means being actively involved in the day-to-day management.

1–602. “Women's business enterprise” means a woman-owned business or businesses or the efforts of a woman or women to establish, maintain or develop such a business or businesses.

1–603. Nothing in subsections 1–601 or 1–602 of this Section (1–6) should be construed to prohibit the use of other definitions of a woman-owned business or women's business enterprise by departments and agencies of the Executive Branch where other definitions are deemed reasonable and useful for any purpose not inconsistent with the purposes of this Order. Wherever feasible, departments and agencies should use the definition of a woman-owned business in subsection 1–601 above for monitoring performance with respect to women's business enterprise in order to assure comparability of data throughout the Federal Government.

1–7. Construction

Nothing in this Order shall be construed as limiting the meaning or effect of any existing Executive order.

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)), in order to provide guidance and oversight for programs for the development of minority business enterprise pursuant to my statement of December 17, 1982 concerning Minority Business Development; and to implement the commitment of the Federal government to the goal of encouraging greater economic opportunity for minority entrepreneurs, it is hereby ordered as follows:

Section 1. Minority Business Development Plans. (a) Minority business enterprise development plans shall be developed by each Federal agency having substantial procurement or grantmaking authority. Such agencies shall submit these plans to the Cabinet Council on Commerce and Trade on an annual basis.

(b) These annual plans shall establish minority enterprise development objectives for the participating agencies and methods for encouraging both prime contractors and grantees to utilize minority business enterprises. The plans shall, to the extent possible, build upon the programs administered by the Minority Business Development Agency and the Small Business Administration, including the goals established pursuant to Public Law 95–507 [see Tables for classification].

(c) The Secretary of Commerce and the Administrator of the Small Business Administration, in consultation with the Cabinet Council on Commerce and Trade, shall establish uniform guidelines for all Federal agencies to be utilized in establishing the minority business programs set forth in Section 2 of this Order.

(d) The participating agencies shall furnish an annual report regarding the implementation of their programs in such form as the Cabinet Council on Commerce and Trade may request, and at such time as the Secretary of Commerce shall designate.

(e) The Secretary of Commerce shall provide an annual report to the President, through the Cabinet Council on Commerce and Trade, on activities under this Order and agency implementation of minority business development programs.

Sec. 2. Minority Business Development Responsibilities of Federal Agencies. (a) To the extent permitted by law and consistent with its primary mission, each Federal agency which is required to develop a minority business development plan under Section 1 of this Order shall, to accomplish the objectives set forth in its plan, establish programs concerning provision of direct assistance, procurement assistance, and management and technical assistance to minority business enterprises.

(b) Each Federal agency shall, to the extent permitted by law and consistent with its primary mission, establish minority business development programs, consistent with Section 211 of Public Law 95–507 [amending 15 U.S.C. 637(d)] to develop and implement incentive techniques to encourage greater minority business subcontracting by Federal prime contractors.

(c) Each Federal agency shall encourage recipients of Federal grants and cooperative agreements to achieve a reasonable minority business participation in contracts let as a result of its grants and agreements. In cases where State and local governments are the recipients, such encouragement shall be consistent with principles of federalism.

(d) Each Federal agency shall provide the Cabinet Council on Commerce and Trade such information as it shall request from time to time concerning the agency's progress in implementing these programs.

Ronald Reagan.

Ex. Ord. No. 12523. National White House Conference on Small Business

Ex. Ord. No. 12523, June 27, 1985, 50 F.R. 26963, provided:

By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to implement the White House Conference on Small Business Authorization Act (Public Law 98–276) [set out above] it is hereby ordered as follows:

Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act [5 U.S.C. App.] applicable to the White House Conference on Small Business Authorization Act, except that of reporting annually to the Congress, shall be performed by the Administrator of the Small Business Administration in accordance with the guidelines and procedures established by the Administrator of General Services.

Ronald Reagan.

Ex. Ord. No. 12928. Promoting Procurement With Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals, Historically Black Colleges and Universities, and Minority Institutions

Ex. Ord. No. 12928, Sept. 16, 1994, 59 F.R. 48377, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to enforce rigorously the letter and spirit of public laws that promote increased participation in Federal procurement by Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals (SDBs) as described in section 8 of the Small Business Act (15 U.S.C. 637), Historically Black Colleges and Universities (HBCUs) as described in 34 C.F.R. 608.2, and Minority Institutions (MIs) as referred to in sections 1046(3) and 316(b)(1) of the Higher Education Act of 1965, as amended (20 U.S.C. 1135d-5(3) and 1059c(b)(1), respectively), it is hereby ordered as follows:

Section 1. Policy Statement. It is the policy of the United States Government that all department and agency heads and all Federal employees involved in the procurement of any and all goods and services shall assist SDBs, HBCUs, and MIs, as applicable, to develop viable, self-sustaining businesses capable of competing on an equal basis in the mainstream of the American economy. To that end, all Federal personnel shall commit to the letter and spirit of all laws promoting the participation of SDBs, HBCUs, and MIs in Federal procurement. The laws promote:

(a) the award of contracts to SDBs, HBCUs, and MIs through the Small Business Administration Section 8(a) [15 U.S.C. 637(a)] Program, the Department of Defense Small and Disadvantaged Business Program, other agency programs, and through other specific statutory authority or appropriate means;

(b) the establishment of particular goals for SDBs, HBCUs, or MIs on an agency-by-agency basis and the requirement that prime contractors and other recipients of Federal funds attain similar goals in their procurement; and

(c) the establishment of other mechanisms that ensure that SDBs, HBCUs, and MIs have a fair opportunity to participate in Federal procurement.

Sec. 2. Attainment of Goals. All departments and agencies are required by law to establish participation goals of not less than 5 percent (15 U.S.C. 644(g)) or a greater percentage where otherwise required by law, as further provided in the Office of Federal Procurement Policy Letter No. 91–1 of March 11, 1991. Although the Federal Government has made substantial strides toward meeting established SDB, HBCU, and MI participation goals, certain departments and agencies have from time to time failed to aggressively pursue such goals. Department and agency heads are henceforth directed to execute, implement, and otherwise aggressively strive to fulfill the statutorily-mandated procurement participation goals. In addition, all departments and agencies are encouraged to set reasonable participation goals that exceed statutory requirements, to the extent permitted by law.

Sec. 3. Subcontracting Plans. The Small Business Act, (15 U.S.C. 637(d)) and other related laws require certain prime contractors to maximize the use of SDBs in subcontracting plans and strive to achieve stated goals through prime contractors’ subcontracting practices. Department and agency heads are directed to aggressively enforce these prime contractors’ obligations to maximize awards of subcontracts to eligible SDBs.

Sec. 4. Office of Small and Disadvantaged Business Utilization (“OSDBU”).

(a) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) establishes in each Federal department and agency an OSDBU and requires that the Director of the OSDBU “be responsible only to, and report directly to, the head of such agency or to the deputy of such head” (15 U.S.C. 644(k)(3)). To the extent not prohibited by law, each department and agency shall ensure that the aforementioned direct reporting requirements are henceforth vigorously enforced.

(b) Because of the importance of the OSDBU function, each department and agency shall also, to the extent not prohibited by law, comply with the Office of Federal Procurement Policy Letter No. 79–1 of March 7, 1979, which provides implementation guidance on section 15k [15(k)] and the organizational placement and functions of the OSDBU.

Sec. 5. Anti-fraud Enforcement. All department and agency heads shall ensure that in enforcing the laws and requirements mentioned in this order, Federal benefits or contracts intended for SDBs, HBCUs, and MIs are not awarded to entities that are not legitimate SDBs, HBCUs, and MIs. Department and agency anti-fraud enforcement, however, shall not diminish agency vigor in achieving the aforementioned participation goals, which exist to promote the development of legitimate SDBs, HBCUs, and MIs. Nothing herein is intended to change self-certification requirements.

Sec. 6. Periodic Reports to the President. The Administrator of the Small Business Administration and the Administrator of the Office of Federal Procurement Policy shall report to the President periodically on the progress of all departments and agencies in complying with the laws and requirements mentioned in this order.

Sec. 7. Independent Agencies. Independent agencies are requested to comply with the provisions of this order.

Sec. 8. This order shall be effective immediately.

William J. Clinton.

Section Referred to in Other Sections

This section is referred to in section 636 of this title; title 10 section 2320; title 12 section 635; title 41 section 418a.

1 So in original. The period probably should be a semicolon.

2 So in original. Probably should be capitalized.

3 So in original. Probably should be “management”.