15 U.S.C. § 631 — Declaration of policy

Page 748 TITLE 15—COMMERCE AND TRADE § 631 Section 618, act June 30, 1947, ch. 166, title II, § 208, 61 Stat. 209, related to purchase and sale of surplus prop- erty, and was repealed by act of May 25, 1948, ch. 334, § 7, 62 Stat. 265. Section 619, act July 29, 1947, ch. 346, title II, § 201, 61 Stat. 515, related to limitations on use of funds of the Corporation, which Corporation was abolished by sec- tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out preceding section 601 of this title. CHAPTER 14A—AID TO SMALL BUSINESS Sec. 631. Declaration of policy. 631a. Congressional declaration of small business economic policy. 631b. Reports to Congress; state of small business. 631c. Small Business Manufacturing Task Force. 632. Definitions. 633. Small Business Administration. 633a. Detailed justification for proposed changes in budget requests. 634. General powers. 634a. Office of Advocacy within Small Business Ad- ministration; Chief Counsel for Advocacy. 634b. Primary functions of Office of Advocacy. 634c. Additional duties of Office of Advocacy. 634d. Staff and powers of Office of Advocacy. 634e. Assistance of Government agencies. 634f. Reports. 634g. Budgetary line item and authorization of ap- propriations. 635. Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employ- ees’ compensation funds. 636. Additional powers. 636a. Repealed. 636b. Disaster loan interest rates. 636c. Age of applicant for disaster loans. 636d. Disaster aid to major sources of employment. 636e. Definitions. 636f. Coordination of efforts between the Adminis- trator and the Internal Revenue Service to expedite loan processing. 636g. Development and implementation of major disaster response plan. 636h. Disaster planning responsibilities. 636i. Small business bonding threshold. 636j. Repealed. 636k. Reports on disaster assistance. 636l. Semiannual report. 636m. Loan forgiveness. 637. Additional powers. 637a. Repealed. 637b. Availability of information. 637c. Definitions. 637d. Subcontracting plan reports. 638. Research and development. 638a. GAO study with respect to venture capital op- erating company, hedge fund, and private equity firm involvement. 638b. Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse. 639. Reporting requirements and agency coopera- tion. 639a. Review of loan program; submission of esti- mated needs for additional authorization. 639b. Oversight. 640. Voluntary agreements among small-business concerns. 641. Transfer to Administration of other func- tions, powers, and duties. 642. Requirements for loans. 643. Fair charge for use of Government-owned property. 644. Awards or contracts. 644a. Small Business Procurement Advisory Coun- cil. 645. Offenses and penalties. Sec. 645a. Annual report on suspensions and debarments proposed by Small Business Administra- tion. 646. Liens. 647. Duplication of activities of other Federal de- partments or agencies. 648. Small business development center program authorization. 648a. Repealed. 648b. Grants for SBDCs. 648c. SBA and USPTO partnerships. 649. Office of International Trade. 649a. Omitted. 649b. Grants, contracts and cooperative agree- ments for international marketing pro- grams. 649c. Authorization of appropriations. 649d. Central information clearinghouse. 650. Supervisory and enforcement authority for small business lending companies. 651. National small business tree planting pro- gram. 652. Central European Enterprise Development Commission. 653. Office of Rural Affairs. 654. Paul D. Coverdell drug-free workplace pro- gram. 655. Pilot Technology Access Program. 656. Women’s Business Center program. 657. Oversight of regulatory enforcement. 657a. HUBZone program. 657b. Veterans programs. 657c. Repealed. 657d. Federal and State Technology Partnership Program. 657e. Mentoring Networks. 657f. Procurement program for small business con- cerns owned and controlled by service-dis- abled veterans. 657f–1. Certification of small business concerns owned and controlled by veterans. 657g. Participation in federally funded projects. 657h. Small business energy efficiency. 657i. Coordination of disaster assistance programs with FEMA. 657j. Information tracking and follow-up system for disaster assistance. 657k. Disaster processing redundancy. 657l. Comprehensive disaster response plan. 657m. Plans to secure sufficient office space. 657n. Immediate Disaster Assistance program. 657o. Annual reports on disaster assistance. 657p. Outreach regarding health insurance options available to children. 657q. Consolidation of contract requirements. 657r. Mentor-protege programs. 657s. Limitations on subcontracting. 657t. Office of Credit Risk Management. 657u. Lender Oversight Committee. § 631. Declaration of policy (a) Aid, counsel, assistance, etc., to small busi- ness concerns The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free mar- kets, free entry into business, and opportunities for the expression and growth of personal initia- tive 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 en- couraged and developed. It is the declared policy of the Congress that the Government should aid, Page 749 TITLE 15—COMMERCE AND TRADE § 631 1 So in original. The period probably should be a semicolon. 2 So in original. Probably should be capitalized. counsel, assist, and protect, insofar as is pos- sible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total pur- chases and contracts or subcontracts for prop- erty 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 Gov- ernment property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. (b) Assistance to compete in international mar- kets (1) It is the declared policy of the Congress that the Federal Government, through the Ad- ministrator of the Small Business Administra- tion, acting through the Associate Adminis- trator for International Trade, and in coopera- tion with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as de- fined under this chapter, to increase their abil- ity to compete in international markets by— (A) enhancing their ability to export; (B) facilitating technology transfers; (C) enhancing their ability to compete effec- tively 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 ini- tiatives to enhance the ability of small busi- nesses to compete in international markets; and (F) ensuring that the interests of small busi- nesses are adequately represented in bilateral and multilateral trade negotiations. (2) The Congress recognizes that the Depart- ment of Commerce is the principal Federal agency for trade development and export pro- motion and that the Department of Commerce and the Small Business Administration work to- gether to advance joint interests. It is the pur- pose of this chapter to enhance, not alter, their respective roles. (c) Aid for agriculturally related industries; fi- nancial 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 pro- duction of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and the fi- nancial assistance programs authorized by this chapter are also to be used to assist such con- cerns. (d) Use of assistance programs to establish, pre- serve, and strengthen small business con- cerns (1) The assistance programs authorized by sec- tions 636(i) and 636(j) of this title are to be uti- lized to assist in the establishment, preserva- tion, and strengthening of small business con- cerns and improve the managerial skills em- ployed in such enterprises, with special atten- tion to small business concerns (1) located in urban or rural areas with high proportions of unemployed or low-income individuals; or (2) owned by low-income individuals; and to mobi- lize 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 be- cause 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 essen- tial to provide for the well-being of this Na- tion by promoting their increased participa- tion in the free enterprise system of the United States; (iv) that such development of business own- ership among groups that presently own and control little productive capital will be great- ly 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 pro- ductive capital. (B) It is therefore the purpose of the programs authorized by section 636(j) of this title to— (i) foster business ownership and develop- ment 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 develop- ment program to provide such available finan- cial, technical, and management assistance as may be necessary. (e) Assistance to victims of floods, etc., and those displaced as result of federally aided con- struction programs Further, it is the declared policy of the Con- gress 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 busi- ness development programs the Congress finds— Page 750 TITLE 15—COMMERCE AND TRADE § 631 3 So in original. Probably should be ‘‘management’’. (A) that the opportunity for full participa- tion in our free enterprise system by socially and economically disadvantaged persons is es- sential 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 dis- advantaged because of their identification as members of certain groups that have suffered the effects of discriminatory practices or simi- lar invidious circumstances over which they have no control; (C) that such groups include, but are not limited to, Black Americans, Hispanic Ameri- cans, Native Americans, Indian tribes, Asian Pacific Americans, Native Hawaiian Organiza- tions, and other minorities; (D) that it is in the national interest to ex- peditiously ameliorate the conditions of so- cially and economically disadvantaged groups; (E) that such conditions can be improved by providing the maximum practicable oppor- tunity 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 en- couraging 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 nec- essary; 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 indi- viduals. (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 dis- aster 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 administra- tive 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 eco- nomic status of women as they have sought economic equality and independence; (C) despite such progress, women, as a group, are subjected to discrimination in entrepre- neurial endeavors due to their gender; (D) such discrimination takes many overt and subtle forms adversely impacting the abil- ity to raise or secure capital, to acquire mana- gerial talents, and to capture market opportu- nities; (E) it is in the national interest to expedi- tiously 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 participa- tion in the free enterprise system by women and to further increase the economic vitality of the Nation; (G) increased numbers of small business con- cerns owned and controlled by women will di- rectly benefit the United States Government by expanding the potential number of sup- pliers of goods and services to the Govern- ment; and (H) programs and activities designed to as- sist small business concerns owned and con- trolled 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 disadvan- taged individuals. (2) It is, therefore, the purpose of those pro- grams and activities conducted under the au- thority of this chapter that assist women entre- preneurs to— (A) vigorously promote the legitimate inter- ests of small business concerns owned and con- trolled by women; (B) remove, insofar as possible, the discrimi- natory 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 bar- riers facing women and that such effort di- rectly 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 offi- cial to which the funds are made available re- ceives notification that the individual is not lawfully within the United States. (j) Contract bundling In complying with the statement of congres- sional policy expressed in subsection (a), relat- ing to fostering the participation of small busi- Page 751 TITLE 15—COMMERCE AND TRADE § 631 ness concerns in the contracting opportunities of the Government, each Federal agency, to the maximum extent practicable, shall— (1) comply with congressional intent to fos- ter the participation of small business con- cerns as prime contractors, subcontractors, and suppliers; (2) structure its contracting requirements to facilitate competition by and among small business concerns, taking all reasonable steps to eliminate obstacles to their participation; and (3) avoid unnecessary and unjustified bun- dling of contract requirements that precludes small business participation in procurements as prime contractors. (Pub. L. 85–536, § 2[2], July 18, 1958, 72 Stat. 384; Pub. L. 87–70, title III, § 305(b), June 30, 1961, 75 Stat. 167; Pub. L. 87–305, § 6, Sept. 26, 1961, 75 Stat. 667; Pub. L. 93–386, § 2(a)(1), Aug. 23, 1974, 88 Stat. 742; Pub. L. 94–305, title I, § 112(a), June 4, 1976, 90 Stat. 667; Pub. L. 95–507, title II, §§ 201, 203, Oct. 24, 1978, 92 Stat. 1760, 1763; Pub. L. 96–302, title I, § 118(a), July 2, 1980, 94 Stat. 840; Pub. L. 99–272, title XVIII, § 18015(a), Apr. 7, 1986, 100 Stat. 370; Pub. L. 100–418, title VIII, § 8002, Aug. 23, 1988, 102 Stat. 1553; Pub. L. 100–533, title I, § 101, Oct. 25, 1988, 102 Stat. 2689; Pub. L. 100–590, title I, § 118, Nov. 3, 1988, 102 Stat. 2999; Pub. L. 100–656, title II, §§ 204, 207(b), Nov. 15, 1988, 102 Stat. 3859, 3861; Pub. L. 101–37, § 6(c), June 15, 1989, 103 Stat. 72; Pub. L. 103–403, title VI, § 609, Oct. 22, 1994, 108 Stat. 4204; Pub. L. 105–135, title IV, § 411, Dec. 2, 1997, 111 Stat. 2617; Pub. L. 111–240, title I, § 1203(d), Sept. 27, 2010, 124 Stat. 2522.) Editorial Notes CODIFICATION This chapter was originally enacted as title II of act July 30, 1953, ch. 282, 67 Stat. 232, and designated as the ‘‘Small Business Act of 1953’’. Title II of act July 30, 1953, was amended by acts June 30, 1955, ch. 251, § 4, 69 Stat. 225; Aug. 9, 1955, ch. 628, 69 Stat. 547; Feb. 2, 1956, ch. 29, §§ 1, 2, 70 Stat. 10; Pub. L. 85–4, Feb. 11, 1957, 71 Stat. 4; Pub. L. 85–120, §§ 1, 2, Aug. 3, 1957, 71 Stat. 341; Pub. L. 85–335, Feb. 22, 1958, 72 Stat. 27. Section 1 of Pub. L. 85–536 withdrew title II of act July 30, 1953, as part of that act, and made title II a separate act to be known as the ‘‘Small Business Act’’. The Small Busi- ness Act, as amended by Pub. L. 85–536, is classified to this chapter. AMENDMENTS 2010—Subsec. (b)(1). Pub. L. 111–240, in introductory provisions, inserted ‘‘the Administrator of’’ before ‘‘the Small Business Administration’’ and ‘‘through the As- sociate Administrator for International Trade, and’’ be- fore ‘‘in cooperation with’’. 1997—Subsec. (j). Pub. L. 105–135 added subsec. (j). 1994—Subsec. (i). Pub. L. 103–403 added subsec. (i). 1989—Subsec. (f). Pub. L. 101–37 made technical cor- rection 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 di- rected 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 di- rected general amendment of subsec. (c)(2)(B), was exe- cuted to subsec. (d)(2)(B) to reflect the probable intent of Congress and the intervening redesignation of sub- sec. (c) as (d) by Pub. L. 100–418. Prior to amendment, subpar. (B) read as follows: ‘‘It is, therefore, the pur- pose 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 owner- ship 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 di- rected general amendment of subsec. (e)(2), was exe- cuted 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 sec- tion 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 nec- essary; and ‘‘(C) clarify and expand the program for the pro- curement by the United States of articles, equip- ment, 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 ex- isting 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 sub- contracts’’ after ‘‘contracts’’ in two places. Subsec. (b). Pub. L. 87–70 included small-business con- cerns which are displaced as a result of federally aided construction programs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–135, § 3, Dec. 2, 1997, 111 Stat. 2593, provided that: ‘‘This Act [see Short Title of 1997 Amendment note below] and the amendments made by this Act shall take effect on October 1, 1997.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–37, § 32, June 15, 1989, 103 Stat. 77, provided that: ‘‘The amendments made by this Act [see Short Title of 1989 Amendment note below] shall apply as if included in the Business Opportunity Development Re- form Act of 1988 [Pub. L. 100–656].’’ Page 752 TITLE 15—COMMERCE AND TRADE § 631 EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–656, title VIII, § 803, Nov. 15, 1988, 102 Stat. 3899, as amended by Pub. L. 101–37, § 31, June 15, 1989, 103 Stat. 76, provided that: ‘‘(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 en- actment 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 provi- sions set out as a note under section 637 of this title]. ‘‘(5) Sections 405, 406, 408, and 410 [amending sec- tions 636, 639, and 645 of this title and enacting provi- sions set out as a note under section 636 of this title]. ‘‘(6) Sections 504 and 505 [amending section 636 of this title and enacting provisions set out as notes under section 636 of this title]. ‘‘(7) Sections 601 and 603 [amending section 644 of this title]. ‘‘(8) Titles VII and VIII [amending section 632 of this title and section 541 of former Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under sections 632, 636, and 644 of this title, and amending provisions set out as a note under section 644 of this title]. ‘‘(9) Sections 7(j)(13)(G) and 7(j)(13)(I) of the Small Business Act [section 636(j)(13)(G), (I) of this title] (as added by section 301(b)). ‘‘(b) SPECIAL RULES.—(1) Except as otherwise pro- vided, 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 provi- sions set out as a note under section 633 of this title]. ‘‘(D) Section 602 [enacting provisions set out as a note under section 637 of this title]. ‘‘(2) Section 302 [amending section 636 of this title] shall take effect on June 1, 1989. ‘‘(3) Section 407 [amending section 637 of this title] shall take effect with respect to contracts entered into on or after June 1, 1989. ‘‘(4) The following sections (and the amendments made by such sections) shall take effect on October 1, 1989: ‘‘(A) Section 209 [amending section 637 of this title]. ‘‘(B) Section 303(b) [amending section 637 of this title]. ‘‘(C) Sections 501, 502, and 503 [amending sections 637 and 644 of this title]. ‘‘(D) Section 7(j)(13)(E) of the Small Business Act [section 636(j)(13)(E) of this title] (as added by section 301(b) of this Act).’’ Pub. L. 100–590, title I, § 137, Nov. 3, 1988, 102 Stat. 3007, provided that: ‘‘This title [enacting sections 687m and 697c of this title, amending this section and sec- tions 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 effec- tive on the date of enactment [Nov. 3, 1988], except that sections 118 through 122 [amending this section and sec- tions 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 dec- larations 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.’’ Pub. L. 100–418, title VIII, § 8014, Aug. 23, 1988, 102 Stat. 1563, provided that: ‘‘This title [amending this section and sections 636, 648, 649, and 696 of this title, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section 638 of this title] shall become effec- tive on the date of its enactment [Aug. 23, 1988].’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title XIX, § 1918, Aug. 13, 1981, 95 Stat. 781, provided that: ‘‘Sections 1908, 1909, and 1913 of this title [amending sections 633, 636, and 696 of this title] shall be effective October 1, 1981, and section 1910 of this title [amending section 636 of this title] shall be ef- fective as provided therein [Oct. 1, 1985]. All other pro- visions of this title [amending sections 632, 633, 636, and 639 of this title, repealing section 636a of this title, en- acting 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 fi- nancing made, obligated, or committed under the Small Business Act [this chapter] or the Small Busi- ness Investment Act of 1958 [chapter 14B of this title] prior to the effective date hereof.’’ EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–302, title V, § 507, July 2, 1980, 94 Stat. 854, provided that: ‘‘This Act [enacting sections 631a, 631b, 648, and 697 of this title, amending this section, sec- tions 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 2022 AMENDMENT Pub. L. 117–319, § 1, Dec. 27, 2022, 136 Stat. 4424, pro- vided that: ‘‘This Act [amending section 648 of this title and enacting provisions set out as a note under section 648 of this title] may be cited as the ‘Small Business Cyber Training Act of 2022’.’’ Pub. L. 117–259, § 1, Dec. 21, 2022, 136 Stat. 2387, pro- vided that: ‘‘This Act [amending section 639 of this title] may be cited as the ‘SBA Cyber Awareness Act’.’’ Pub. L. 117–249, § 1, Dec. 20, 2022, 136 Stat. 2350, pro- vided that: ‘‘This Act [amending section 636 of this title and enacting provisions set out as a note under section 636 of this title] may be cited as the ‘Disaster Assist- ance for Rural Communities Act’.’’ Pub. L. 117–188, § 1, Oct. 10, 2022, 136 Stat. 2203, pro- vided that: ‘‘This Act [amending section 657 of this title] may be cited as the ‘One Stop Shop for Small Business Compliance Act of 2021’.’’ Pub. L. 117–183, § 1, Sept. 30, 2022, 136 Stat. 2180, pro- vided 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 ‘SBIR and STTR Extension Act of 2022’.’’ Pub. L. 117–166, § 1, Aug. 5, 2022, 136 Stat. 1365, pro- vided that: ‘‘This Act [amending section 636 of this title] may be cited as the ‘PPP and Bank Fraud En- forcement Harmonization Act of 2022’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–6, § 1, Mar. 30, 2021, 135 Stat. 250, provided that: ‘‘This Act [amending section 636 of this title and enacting provisions set out as a note under section 636 of this title] may be cited as the ‘PPP Extension Act of 2021’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–142, § 1, June 5, 2020, 134 Stat. 641, provided that: ‘‘This Act [amending sections 636 and 9005 of this Page 753 TITLE 15—COMMERCE AND TRADE § 631 title, enacting provisions set out as notes under section 636 of this title and section 3111 of Title 26, Internal Revenue Code, and amending provisions set out as a note under section 3111 of Title 26] may be cited as the ‘Paycheck Protection Program Flexibility Act of 2020’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–70, § 1, Nov. 22, 2019, 133 Stat. 1145, pro- vided that: ‘‘This Act [amending provisions set out as a note under section 636 of this title] may be cited as the ‘Rebuilding Small Businesses After Disasters Act’.’’ Pub. L. 115–416, § 1, Jan. 3, 2019, 132 Stat. 5436, provided that: ‘‘This Act [amending section 657b of this title] may be cited as the ‘Veterans Small Business Enhance- ment Act of 2018’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–370, § 1, Dec. 21, 2018, 132 Stat. 5105, pro- vided that: ‘‘This Act [amending section 636 of this title] may be cited as the ‘7(a) Real Estate Appraisal Harmonization Act’.’’ Pub. L. 115–324, § 1, Dec. 17, 2018, 132 Stat. 4444, pro- vided that: ‘‘This Act [amending section 632 of this title] may be cited as the ‘Small Business Runway Ex- tension Act of 2018’.’’ Pub. L. 115–259, § 1, Oct. 9, 2018, 132 Stat. 3664, provided that: ‘‘This Act [enacting section 648c of this title, amending section 648 of this title, and enacting provi- sions set out as notes under section 648c of this title] may be cited as the ‘Small Business Innovation Protec- tion Act of 2017’.’’ Pub. L. 115–189, § 1, June 21, 2018, 132 Stat. 1492, pro- vided that: ‘‘This Act [enacting sections 657t and 657u of this title, amending sections 632, 636, 639, 647, and 657t of this title, enacting provisions set out as notes under sections 657t and 657u of this title, and amending provisions set out as notes under this section] may be cited as the ‘Small Business 7(a) Lending Oversight Re- form Act of 2018’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–125, title V, § 501, Feb. 24, 2016, 130 Stat. 172, provided that: ‘‘This title [enacting sections 4721a and 4728a of this title, amending sections 634c, 649, and 4727 of this title, and enacting provisions set out as a note under section 4727 of this title] may be cited as the ‘Small Business Trade Enhancement Act of 2015’ or the ‘State Trade Coordination Act’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–88, § 1(a), Nov. 25, 2015, 129 Stat. 686, pro- vided that: ‘‘This Act [amending sections 636, 644, 648, 657d, and 657j of this title and enacting provisions set out as notes under this section and sections 636 and 657l of this title] may be cited as the ‘Recovery Improve- ments for Small Entities After Disaster Act of 2015’ or the ‘RISE After Disaster Act of 2015’.’’ [For identical short title, see below.] Pub. L. 114–88, div. A, § 1001, Nov. 25, 2015, 129 Stat. 687, provided that: ‘‘This division [amending section 636 of this title and enacting provisions set out as notes under sections 636 and 657l of this title] may be cited as the ‘Superstorm Sandy Relief and Disaster Loan Pro- gram Improvement Act of 2015’.’’ Pub. L. 114–88, div. B, § 2001, Nov. 25, 2015, 129 Stat. 689, provided that: ‘‘This division [amending sections 636, 644, 648, 657d, and 657j of this title and enacting provi- sions set out as a note under section 636 of this title] may be cited as the ‘Recovery Improvements for Small Entities After Disaster Act of 2015’ or the ‘RISE After Disaster Act of 2015’.’’ [For identical short title, see above.] Pub. L. 114–38, § 1, July 28, 2015, 129 Stat. 437, provided that: ‘‘This Act [amending section 636 of this title] may be cited as the ‘Veterans Entrepreneurship Act of 2015’.’’ SHORT TITLE OF 2011 AMENDMENT Pub. L. 112–81, div. E, title L, § 5001, Dec. 31, 2011, 125 Stat. 1822, provided that: ‘‘This division [enacting sec- tions 638a and 638b of this title, amending sections 632 and 638 of this title, enacting provisions set out as notes under sections 638 and 638b of this title, and amending provisions set out as a note under section 638 of this title] may be cited as the ‘SBIR/STTR Reau- thorization Act of 2011’.’’ Pub. L. 112–17, § 1, June 1, 2011, 125 Stat. 221, provided that: ‘‘This Act [amending section 638 of this title] may be cited as the ‘Small Business Additional Temporary Extension Act of 2011’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–240, § 1, Sept. 27, 2010, 124 Stat. 2504, pro- vided that: ‘‘This Act [enacting sections 634g, 648b, and 657q of this title, chapter 54 and section 4713a of Title 12, Banks and Banking, and section 1320a–7m of Title 42, The Public Health and Welfare, amending this section, sections 278k, 632 to 634, 634c, 636, 637, 644, 648, 649, 656, 657a, 689d, 695, and 696 of this title, section 604 of Title 5, Government Organization and Employees, section 2382 of Title 10, Armed Forces, and sections 38 to 40, 55, 72, 162, 168, 179, 195, 280F, 402A, 460, 861, 862, 864, 1202, 1374, 1400L, 1400N, 6041, 6330, 6707A, 6721, and 6722 of Title 26, Internal Revenue Code, repealing former sec- tion 634g of this title, enacting provisions set out as notes under this section, sections 271, 278n, 632, 636, 637, 644, 649, 649b, and 696 of this title, sections 4741 and 5701 of Title 12, sections 1, 38 to 40, 72, 162, 168, 179, 195, 280F, 402A, 460, 861, 1202, 1374, 6041, 6330, 6655, 6662A, 6707A, and 6721 of Title 26, and sections 428 and 433 of Title 41, Pub- lic Contracts, amending provisions set out as notes under this section, and repealing provisions set out as notes under section 644 of this title] may be cited as the ‘Small Business Jobs Act of 2010’.’’ Pub. L. 111–240, title I, § 1101, Sept. 27, 2010, 124 Stat. 2507, provided that: ‘‘This subtitle [subtitle A (§§ 1101–1136) of title I of Pub. L. 111–240, enacting sec- tion 4713a of Title 12, Banks and Banking, amending sections 632, 634, 636, 689d, 695, and 696 of this title, and enacting provisions set out as notes under sections 632, 636, and 696 of this title] may be cited as the ‘Small Business Job Creation and Access to Capital Act of 2010’.’’ Pub. L. 111–240, title I, § 1201, Sept. 27, 2010, 124 Stat. 2520, provided that: ‘‘This subtitle [subtitle B (§§ 1201–1209) of title I of Pub. L. 111–240, amending this section and sections 632, 633, 636, 648, and 649 of this title and enacting provisions set out as notes under sec- tions 636, 649, and 649b of this title] may be cited as the ‘Small Business Export Enhancement and Inter- national Trade Act of 2010’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–234, title XII, § 12051, May 22, 2008, 122 Stat. 1406, and Pub. L. 110–246, § 4(a), title XII, § 12051, June 18, 2008, 122 Stat. 1664, 2168, provided that: ‘‘This subtitle [subtitle B (§§ 12051–12091) of title XII of Pub. L. 110–246, enacting sections 636e to 636k and 657i to 657o of this title, amending sections 632, 633, and 636 of this title, enacting provisions set out as notes under section 636 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Small Business Disaster Response and Loan Improvements Act of 2008’.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] Pub. L. 110–186, § 1, Feb. 14, 2008, 122 Stat. 623, provided that: ‘‘This Act [amending sections 632, 636, 648, 657b, and 657c of this title, enacting provisions set out as notes under sections 636 and 637 of this title, and amending provisions set out as a note under section 657b of this title] may be cited as the ‘Military Reserv- ist and Veteran Small Business Reauthorization and Opportunity Act of 2008’.’’ SHORT TITLE OF 2007 AMENDMENT Pub. L. 110–28, title VIII, § 8301, May 25, 2007, 121 Stat. 204, provided that: ‘‘This subtitle [subtitle C Page 754 TITLE 15—COMMERCE AND TRADE § 631 (§§ 8301–8306) of title VIII of Pub. L. 110–28, amending section 656 of this title and section 10a of Title 41, Pub- lic Contracts, enacting provisions set out as notes under section 656 of this title and section 9858 of Title 42, The Public Health and Welfare, and amending provi- sions set out as a note under section 601 of Title 5, Gov- ernment Organization and Employees] may be cited as the ‘Small Business and Work Opportunity Act of 2007’.’’ SHORT TITLE OF 2004 AMENDMENT Pub. L. 108–447, div. K, § 1(a), Dec. 8, 2004, 118 Stat. 3441, provided that: ‘‘This division [enacting sections 631c and 657g of this title, amending sections 632 to 634, 636, 637, 648, 650, 654, 657a to 657c, 683, 687, 694b, and 695 to 697 of this title, enacting provisions set out as notes under sections 632, 633, 636, and 637 of this title, amend- ing provisions set out as notes under this section and section 657b of this title, and repealing provisions set out as a note under section 694b of this title] may be cited as the ‘Small Business Reauthorization and Man- ufacturing Assistance Act of 2004’.’’ SHORT TITLE OF 2001 AMENDMENT Pub. L. 107–50, § 1, Oct. 15, 2001, 115 Stat. 263, provided that: ‘‘This Act [amending sections 638 and 657d of this title and enacting provisions set out as a note under section 638 of this title] may be cited as the ‘Small Business Technology Transfer Program Reauthoriza- tion Act of 2001’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(9) [§ 1(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–667, provided that: ‘‘This Act [H.R. 5667, as enacted by section 1(a)(9) of Pub. L. 106–554, see Tables for classification] may be cited as the ‘Small Business Reauthorization Act of 2000’.’’ Pub. L. 106–554, § 1(a)(9) [title I, § 101], Dec. 21, 2000, 114 Stat. 2763, 2763A–668, provided that: ‘‘This title [enact- ing sections 657d and 657e of this title, amending sec- tion 638 of this title, enacting provisions set out as notes under sections 638 and 657d of this title, and amending provisions set out as notes under this section and section 638 of this title] may be cited as the ‘Small Business Innovation Research Program Reauthoriza- tion Act of 2000’.’’ Pub. L. 106–554, § 1(a)(9) [title II, § 201], Dec. 21, 2000, 114 Stat. 2763, 2763A–681, provided that: ‘‘This title [amending sections 634, 636, and 696 of this title] may be cited as the ‘Small Business Loan Improvement Act of 2000’.’’ Pub. L. 106–554, § 1(a)(9) [title V, § 501], Dec. 21, 2000, 114 Stat. 2763, 2763A–691, provided that: ‘‘This title [amending sections 637, 648, 654, and 657a of this title and amending provisions set out as notes under this section and sections 637 and 644 of this title] may be cited as the ‘Small Business Programs Reauthorization Act of 2000’.’’ Pub. L. 106–554, § 1(a)(9) [title VI, subtitle A, § 601], Dec. 21, 2000, 114 Stat. 2763, 2763A–697, provided that: ‘‘This subtitle [amending section 632 of this title] may be cited as the ‘HUBZones in Native America Act of 2000’.’’ SHORT TITLE OF 1999 AMENDMENT Pub. L. 106–165, § 1, Dec. 9, 1999, 113 Stat. 1795, provided that: ‘‘This Act [amending section 656 of this title and enacting provisions set out as notes under section 656 of this title] may be cited as the ‘Women’s Business Centers Sustainability Act of 1999’.’’ Pub. L. 106–50, § 1, Aug. 17, 1999, 113 Stat. 233, provided that: ‘‘This Act [enacting sections 657b and 657c of this title, amending sections 631b, 632, 633, 634b, 636, 637, 644, and 695 of this title, enacting provisions set out as notes under sections 633, 636, 637, 657b, and 657c of this title, and amending provisions set out as a note under this section] may be cited as the ‘Veterans Entrepre- neurship and Small Business Development Act of 1999’.’’ Pub. L. 106–22, § 1, Apr. 27, 1999, 113 Stat. 36, provided that: ‘‘This Act [amending section 636 of this title] may be cited as the ‘Microloan Program Technical Correc- tions Act of 1999’.’’ Pub. L. 106–17, § 1, Apr. 6, 1999, 113 Stat. 27, provided that: ‘‘This Act [amending section 656 of this title and enacting provisions set out as a note under section 656 of this title] may be cited as the ‘Women’s Business Center Amendments Act of 1999’.’’ Pub. L. 106–8, § 1, Apr. 2, 1999, 113 Stat. 13, provided that: ‘‘This Act [amending section 636 of this title, en- acting provisions set out as notes under section 636 of this title, and repealing provisions set out as a note under section 636 of this title] may be cited as the ‘Small Business Year 2000 Readiness Act’.’’ SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–277, div. C, title IX, § 901, Oct. 21, 1998, 112 Stat. 2681–707, provided that: ‘‘This title [enacting sec- tion 654 of this title, amending section 648 of this title, and enacting provisions set out as notes under section 654 of this title] may be cited as the ‘Drug-Free Work- place Act of 1998’.’’ SHORT TITLE OF 1997 AMENDMENT Pub. L. 105–135, § 1(a), Dec. 2, 1997, 111 Stat. 2592, pro- vided that: ‘‘This Act [enacting sections 657a and 7109 of this title and former section 7109 of this title, amending this section, sections 631b, 632, 636, 637, 638, 644, 645, 648, 656, 662, 681 to 683, 687b, 687m, 694b, 696, 697, 697e, 7103, 7104, 7106, 7107, and 7110 of this title, section 2323 of Title 10, Armed Forces, section 1441a of Title 12, Banks and Banking, sections 3718, 6701, and 7505 of Title 31, Money and Finance, sections 405 and 417a of Title 41, Public Contracts, section 13556 of Title 42, The Public Health and Welfare, and sections 47107 and 47113 of Title 49, Transportation, enacting provisions set out as notes under this section, sections 632 to 634, 636, 637, 638, 656, 657a, and 697e of this title, and section 405 of Title 41, and amending provisions set out as notes under this section and sections 637, 644, 694b, and 697e of this title] may be cited as the ‘Small Business Reauthorization Act of 1997’.’’ Pub. L. 105–135, title VI, § 601, Dec. 2, 1997, 111 Stat. 2627, provided that: ‘‘This title [enacting section 657a of this title, amending sections 631b, 632, 637, 644, 645, and 694b of this title, section 2323 of Title 10, Armed Forces, section 1441a of Title 12, Banks and Banking, sections 3718, 6701, and 7505 of Title 31, Money and Finance, sec- tions 405 and 417a of Title 41, Public Contracts, section 13556 of Title 42, The Public Health and Welfare, and sections 47107 and 47113 of Title 49, Transportation, en- acting provisions set out as notes under this section and sections 632 and 657a of this title, and amending provisions set out as notes under this section] may be cited as the ‘HUBZone Act of 1997’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–208, div. D, § 1(a), Sept. 30, 1996, 110 Stat. 3009–724, provided that: ‘‘This division [amending sec- tions 80a–18, 632 to 634, 636, 638, 648, 662, 681 to 683, 687, 687b, 687d, 687k to 687m, 694b, 696, 697, 697b, and 697f of this title and section 1431 of Title 12, Banks and Bank- ing, repealing sections 687i and 687j of this title, enact- ing provisions set out as notes under this section and sections 632 to 634, 636, 681, 683, 694b, and 695 of this title, amending provisions set out as notes under this section and section 644 of this title, and repealing pro- visions set out as a note under section 634 of this title] may be cited as the ‘Small Business Programs Improve- ment Act of 1996’.’’ SHORT TITLE OF 1995 AMENDMENT Pub. L. 104–36, § 1, Oct. 12, 1995, 109 Stat. 295, provided that: ‘‘This Act [amending sections 634, 636, and 697 of this title, enacting provisions set out as a note under section 634 of this title, and amending provisions set out as a note under section 694b of this title] may be cited as the ‘Small Business Lending Enhancement Act of 1995’.’’ Page 755 TITLE 15—COMMERCE AND TRADE § 631 SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–403, § 1(a), Oct. 22, 1994, 108 Stat. 4175, pro- vided that: ‘‘This Act [enacting chapter 97 of this title and sections 697d to 697f of this title, amending this section and sections 632 to 634, 634d, 636 to 638, 644, 648, 652, 656, 683, 687, and 697 of this title, repealing section 697e of this title, enacting provisions set out as notes under this section and sections 634b, 636, 637, 644, 661, and 697d to 697f of this title, amending provisions set out as notes under this section and sections 633, 636, 637, and 694b of this title, and repealing provisions set out as a note under section 697 of this title] may be cited as the ‘Small Business Administration Reauthor- ization and Amendments Act of 1994’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–81, § 1(a), Aug. 13, 1993, 107 Stat. 780, pro- vided that: ‘‘This Act [amending sections 634, 636, 648, 652, and 7107 of this title, enacting provisions set out as notes under sections 634 and 636 of this title, amending provisions set out as notes under this section and sec- tion 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 En- hancement Act of 1993’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–564, § 1(a), Oct. 28, 1992, 106 Stat. 4249, pro- vided 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 En- hancement 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 Reau- thorization 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, pro- vided 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 Busi- ness 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 ‘Micro- lending Expansion Act of 1992’.’’ SHORT TITLE OF 1991 AMENDMENT Pub. L. 102–191, § 1, Dec. 5, 1991, 105 Stat. 1589, provided that: ‘‘This Act [enacting section 656 of this title, amending sections 636, 637, and 7103 of this title, enact- ing provisions set out as a note under section 637 of this title] may be cited as the ‘Women’s Business Develop- ment Act of 1991’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–574, § 1, Nov. 15, 1990, 104 Stat. 2814, pro- vided 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 sec- tions 633, 636, 637, 644, and 694b of this title and section 502 of Title 44, Public Printing and Documents, and re- pealing provisions set out as a note under section 648 of this title] may be cited as the ‘Small Business Admin- istration 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 Pub. L. 101–37, § 1, June 15, 1989, 103 Stat. 70, provided that: ‘‘This Act [amending this section and sections 633, 636, 637, 639, and 644 of this title, enacting provi- sions set out as a note under this section, and amend- ing 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 AMENDMENT Pub. L. 100–656, § 1(a), Nov. 15, 1988, 102 Stat. 3853, pro- vided that: ‘‘This Act [amending this section, sections 632, 633, 636, 637, 639, 644, and 645 of this title, and sec- tion 541 of former Title 40, Public Buildings, Property, and Works, enacting provisions set out as notes under this section and sections 632, 633, 636, and 637 of this title, and amending provisions set out as a note under section 644 of this title] may be cited as the ‘Business Opportunity Development Reform Act of 1988’.’’ Pub. L. 100–590, § 1(a), Nov. 3, 1988, 102 Stat. 2989, pro- vided 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, en- acting provisions set out as notes under this section and sections 636, 637, 639, 644, 661, 694, 694b, and 697 of this title, and amending provisions set out as notes under this section and sections 633 and 637 of this title] may be cited as the ‘Small Business Administration Reauthorization and Amendment Act of 1988’.’’ Pub. L. 100–533, § 1, Oct. 25, 1988, 102 Stat. 2689, pro- vided in part that Pub. L. 100–533 ‘‘[enacting chapter 97 of this title and section 417a of Title 41, Public Con- tracts, amending this section and sections 631b, 636, 637, and 1691b of this title, and enacting provisions set out as notes under this section, sections 636 and 637 of this title, and section 131 of Title 13, Census] may be cited as the ‘Women’s Business Ownership Act of 1988’.’’ Pub. L. 100–418, title VIII, § 8001, Aug. 23, 1988, 102 Stat. 1553, provided that: ‘‘This title [amending this section and sections 636, 648, 649, and 696 of this title, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section 638 of this title] may be cited as the ‘Small Business International Trade and Competitive- ness Act’.’’ SHORT TITLE OF 1984 AMENDMENT 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’.’’ Page 756 TITLE 15—COMMERCE AND TRADE § 631 Pub. L. 98–362, § 1, July 16, 1984, 98 Stat. 431, provided that: ‘‘This Act [amending sections 632, 633, and 637 of this title and enacting provisions set out as notes under sections 633 and 637 of this title] may be cited as the ‘Small Business Computer Security and Education Act of 1984’.’’ Pub. L. 98–352, § 1, July 10, 1984, 98 Stat. 329, provided that: ‘‘This Act [amending sections 633, 634, and 639 of this title and enacting provisions set out as notes under section 634 of this title] may be cited as the ‘Small Business Secondary Market Improvements Act of 1984’.’’ SHORT TITLE OF 1982 AMENDMENT Pub. L. 97–219, § 1, July 22, 1982, 96 Stat. 217, provided that: ‘‘This Act [amending section 638 of this title and enacting provisions set out as notes under section 638 of this title] may be cited as the ‘Small Business Inno- vation 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 provi- sions 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 AMENDMENT 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, amend- ing section 636 of this title and enacting provisions set out as notes under section 649 of this title] may be cited as the ‘Small Business Export Expansion Act of 1980’.’’ Pub. L. 96–302, title II, § 201, July 2, 1980, 94 Stat. 843, provided that: ‘‘This title [enacting section 648, amend- ing section 636, and enacting provisions set out as a note under section 648 of this title] may be cited as the ‘Small Business Development Center Act of 1980’.’’ Pub. L. 96–302, title III, § 301, July 2, 1980, 94 Stat. 848, provided that: ‘‘This title [enacting sections 631a and 631b of this title] may be cited as the ‘Small Business Economic Policy Act of 1980’.’’ Pub. L. 96–302, title V, § 501, July 2, 1980, 94 Stat. 850, provided that: ‘‘This title [amending sections 632 and 636 of this title and enacting provisions set out as notes under sections 631 and 636 of this title] may be cited as the ‘Small Business Employee Ownership Act of 1980’.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–315, § 1, July 4, 1978, 92 Stat. 377, provided: ‘‘That this Act [amending sections 633, 636, and 639 of this title and provisions set out as notes under this sec- tion] may be cited as the ‘Small Business Energy Loan Act’.’’ SHORT TITLE OF 1974 AMENDMENT Pub. L. 93–386, § 1, Aug. 23, 1974, 88 Stat. 742, provided: ‘‘That this Act [enacting section 694c of this title, amending this section, sections 633, 634, 636, 639, 647, 694, and 694b of this title, and sections 2855, 2942, 2949, and 2982 of Title 42, The Public Health and Welfare, re- pealing sections 2901, 2902, 2905, 2906, 2906a, 2906b, 2906c, and 2907 of Title 42, and enacting provisions set out as notes under sections 633 and 694 of this title] may be cited as the ‘Small Business Amendments of 1974’.’’ SHORT TITLE OF 1967 AMENDMENT Pub. L. 90–104, title I, § 101, Oct. 11, 1967, 81 Stat. 268, provided that: ‘‘This title [amending sections 633, 636, and 637 of this title and section 2902 of Title 42, The Public Health and Welfare] may be cited as the ‘Small Business Act Amendments of 1967’.’’ SHORT TITLE OF 1961 AMENDMENT Pub. L. 87–305, § 1, Sept. 26, 1961, 75 Stat. 666, provided: ‘‘That this Act [amending this section, sections 633, 634, 636, 637, and 639 of this title, and section 4558 of Title 50, War and National Defense] may be cited as the ‘Small Business Act Amendments of 1961’.’’ SHORT TITLE Pub. L. 85–536, § 2[1], July 18, 1958, 72 Stat. 384, pro- vided that this chapter should be known as the ‘‘Small Business Act’’. REPEAL OF INCONSISTENT LAWS Pub. L. 85–536, § 2[49], formerly § 2[21], July 18, 1958, 72 Stat. 396, renumbered § 2[30] by Pub. L. 96–302, title II, § 202, July 2, 1980, 94 Stat. 843; renumbered § 2[31] by Pub. L. 104–121, title II, § 222(1), Mar. 29, 1996, 110 Stat. 860; renumbered § 2[32] by Pub. L. 105–135, title VI, § 602(b)(1)(A), Dec. 2, 1997, 111 Stat. 2629; renumbered § 2[34] by Pub. L. 106–50, title II, § 201(b)(1), Aug. 17, 1999, 113 Stat. 235; renumbered § 2[36] by Pub. L. 106–554, § 1(a)(9) [title I, § 111(b)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–674; renumbered § 2[37] by Pub. L. 108–183, title III, § 308, Dec. 16, 2003, 117 Stat. 2662; renumbered § 2[44] by Pub. L. 110–234, title XII, § 12062(1), May 22, 2008, 122 Stat. 1407; Pub. L. 110–246, § 4(a), title XII, § 12062(1), June 18, 2008, 122 Stat. 1664, 2169; renumbered § 2[45] by Pub. L. 111–240, title I, § 1313(a)(1), Sept. 27, 2010, 124 Stat. 2538; renumbered § 2[47] by Pub. L. 112–239, div. A, title XVI, § 1641(1), Jan. 2, 2013, 126 Stat. 2076; renum- bered § 2[49] by Pub. L. 115–189, § 3(a)(1), June 21, 2018, 132 Stat. 1492, provided that: ‘‘All laws and parts of laws in- consistent with this Act [this chapter] are hereby re- pealed to the extent of such inconsistency.’’ REGULATIONS Pub. L. 105–135, title IV, § 417, Dec. 2, 1997, 111 Stat. 2620, provided that: ‘‘(a) PROPOSED REGULATIONS.—Proposed amendments to the Federal Acquisition Regulation or proposed Small Business Administration regulations under this subtitle [subtitle B (§§ 411–417) of title IV of Pub. L. 105–135, amending this section and sections 632, 637 and 644 of this title and enacting provisions set out as notes under section 637 of this title and section 1122 of Title 41, Public Contracts] and the amendments made by this subtitle shall be published not later than 120 days after the date of enactment of this Act [Dec. 2, 1997] for the purpose of obtaining public comment pursuant to sec- tion 22 of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 418b) [now 41 U.S.C. 1707], or chapter 5 of title 5, United States Code, as appropriate. The public shall be afforded not less than 60 days to submit comments. ‘‘(b) FINAL REGULATIONS.—Final regulations shall be published not later than 270 days after the date of en- actment of this Act. The effective date for such final regulations shall be not less than 30 days after the date of publication.’’ Pub. L. 100–590, title I, § 136, Nov. 3, 1988, 102 Stat. 3007, provided that: ‘‘Notwithstanding any law, rule or regulation, the Small Business Administration shall promulgate final regulations to be effective on publica- tion to carry out the provisions of this title [see Effec- tive Date of 1988 Amendments note above] within six months after the date of enactment [Nov. 3, 1988].’’ Pub. L. 100–418, title VIII, § 8013, Aug. 23, 1988, 102 Stat. 1563, provided that: ‘‘Notwithstanding any law, rule, or regulation, the Small Business Administration shall promulgate final regulations to carry out the pro- visions of this title [see Short Title of 1988 Amend- ments note above] within six months after the date of enactment of this title [Aug. 23, 1988].’’ SEPARABILITY Pub. L. 85–536, § 2[19], July 18, 1958, 72 Stat. 396, pro- vided that: ‘‘If any provision of this Act [this chapter], or the application thereof to any person or cir- cumstances, 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.’’ Page 757 TITLE 15—COMMERCE AND TRADE § 631 AUTHORIZATION OF APPROPRIATIONS Pub. L. 85–536, § 2[20], July 18, 1958, 72 Stat. 396, as amended by Pub. L. 87–341, § 11(h)(2), Oct. 3, 1961, 75 Stat. 757; Pub. L. 95–89, title I, § 102, Aug. 4, 1977, 91 Stat. 553; Pub. L. 95–315, §§ 5, 7, July 4, 1978, 92 Stat. 379; Pub. L. 96–302, title I, §§ 101, 110, July 2, 1980, 94 Stat. 833, 837; Pub. L. 97–35, title XIX, §§ 1905, 1906, Aug. 13, 1981, 95 Stat. 772–777; Pub. L. 98–270, title III, §§ 302, 305, Apr. 18, 1984, 98 Stat. 160, 161; Pub. L. 98–395, § 3, Aug. 21, 1984, 98 Stat. 1367; Pub. L. 99–272, title XVIII, §§ 18001, 18002, 18012, Apr. 7, 1986, 100 Stat. 361, 363, 369; Pub. L. 100–72, § 1, July 11, 1987, 101 Stat. 477; Pub. L. 100–418, title VIII, §§ 8004, 8006(a), Aug. 23, 1988, 102 Stat. 1556, 1557; Pub. L. 100–590, title I, §§ 101, 135(1), (2), Nov. 3, 1988, 102 Stat. 2990, 3007; Pub. L. 101–574, title I, §§ 101, 102, Nov. 15, 1990, 104 Stat. 2815, 2817; Pub. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102–366, title I, §§ 102, 115(a), title IV, §§ 405, 414, Sept. 4, 1992, 106 Stat. 987, 993, 1014, 1018; Pub. L. 103–81, § 2, Aug. 13, 1993, 107 Stat. 780; Pub. L. 103–282, § 1, July 22, 1994, 108 Stat. 1422; Pub. L. 103–403, title I, § 101, Oct. 22, 1994, 108 Stat. 4176; Pub. L. 104–208, div. D, title II, § 208(i)(2), Sept. 30, 1996, 110 Stat. 3009–747; Pub. L. 105–135, title I, § 101, title II, § 211, title VI, § 607, Dec. 2, 1997, 111 Stat. 2594, 2600, 2635; Pub. L. 106–9, § 2(b), Apr. 5, 1999, 113 Stat. 17; Pub. L. 106–24, § 1(b), Apr. 27, 1999, 113 Stat. 39; Pub. L. 106–554, § 1(a)(8) [§ 1(c)], § 1(a)(9) [title V, § 502, title VIII, § 804(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–664, 2763A–691, 2763A–703; Pub. L. 107–20, title II, § 2203(a), July 24, 2001, 115 Stat. 170; Pub. L. 108–217, § 3, Apr. 5, 2004, 118 Stat. 591; Pub. L. 108–447, div. K, title I, § 121, Dec. 8, 2004, 118 Stat. 3446; Pub. L. 115–189, § 5, June 21, 2018, 132 Stat. 1497; Pub. L. 116–260, div. N, title III, § 329(d), Dec. 27, 2020, 134 Stat. 2042, provided that: ‘‘(a)(1) For fiscal year 2000 and each fiscal year there- after, there are authorized to be appropriated such sums as may be necessary and appropriate, to remain available until expended, and to be available solely— ‘‘(A) to carry out the Small Business Development Center Program under section 21 [15 U.S.C. 648], but not to exceed the annual funding level, as specified in section 21(a); ‘‘(B) to pay the expenses of the National Small Business Development Center Advisory Board, as pro- vided in section 21(i); ‘‘(C) to pay the expenses of the information sharing system, as provided in section 21(c)(8); ‘‘(D) to pay the expenses of the association referred to in section 21(a)(3)(A) for conducting the accredita- tion program, as provided in section 21(k)(2); ‘‘(E) to pay the expenses of the Administration, in- cluding salaries of examiners, for conducting exami- nations as part of the accreditation program con- ducted by the association referred to in section 21(a)(3)(A); and ‘‘(F) to pay for small business development center grants as mandated or directed by Congress. ‘‘(2) Notwithstanding any other provision of law, the Administration shall enter into commitments for di- rect loans and to guarantee loans, debentures, payment of rentals, or other amounts due under qualified con- tracts and other types of financial assistance and enter into commitments to purchase debentures and pre- ferred securities and to guarantee sureties against loss pursuant to programs under this Act [15 U.S.C. 631 et seq.] and the Small Business Investment Act of 1958 [15 U.S.C. 661 et seq.], in the full amounts provided by law subject only to (A) the availability of qualified applica- tions, and (B) limitations contained in appropriations Acts. Nothing in this paragraph authorizes the Admin- istration to reduce or limit its authority to enter into such commitments. Subject to approval in appropria- tions Acts, amounts authorized for preferred securities, debentures or participating securities under title III of the Small Business Investment Act of 1958 [15 U.S.C. 681 et seq.] may be obligated in one fiscal year and dis- bursed or guaranteed in any 1 or more of the 4 subse- quent fiscal years. ‘‘(3) There are authorized to be transferred from the disaster loan revolving fund such sums as may be nec- essary and appropriate for administrative expenses of the Administration. ‘‘(4) Except as may be otherwise specifically provided by law, the amount of deferred participation loans au- thorized in this section— ‘‘(A) shall mean the net amount of the loan prin- cipal guaranteed by the Small Business Administra- tion (and does not include any amount which is not guaranteed); and ‘‘(B) shall be available for a national program, ex- cept that the Administration may use not more than an amount equal to 10 percent of the amount author- ized each year for any special or pilot program di- rected to identified sectors of the small business com- munity 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 [15 U.S.C. 631 et seq.] and the Small Business Investment Act of 1958. There also are hereby authorized to be ap- propriated such sums as may be necessary and appro- priate for the carrying out of the provisions and pur- poses, including administrative expenses, of sections 7(b)(1) and 7(b)(2) of this Act [15 U.S.C. 636(b)(1), (2)]; and there are authorized to be transferred from the dis- aster loan revolving fund such sums as may be nec- essary and appropriate for such administrative ex- penses. ‘‘(c) DISASTER MITIGATION PILOT PROGRAM.—The fol- lowing program levels are authorized for loans under section 7(b)(1)(C) [15 U.S.C. 636(b)(1)(C)]: ‘‘(1) $15,000,000 for fiscal year 2005. ‘‘(2) $15,000,000 for fiscal year 2006. ‘‘(d) FISCAL YEAR 2005.— ‘‘(1) PROGRAM LEVELS.—The following program lev- els are authorized for fiscal year 2005: ‘‘(A) For the programs authorized by this Act [15 U.S.C. 631 et seq.], the Administration is authorized to make— ‘‘(i) $75,000,000 in technical assistance grants, as provided in section 7(m) [15 U.S.C. 636(m)]; and ‘‘(ii) $105,000,000 in direct loans, as provided in 7(m). ‘‘(B) For the programs authorized by this Act, the Administration is authorized to make $23,050,000,000 in deferred participation loans and other financings. Of such sum, the Administration is au- thorized to make— ‘‘(i) $16,500,000,000 in general business loans, as provided in section 7(a) [15 U.S.C. 636(a)]; ‘‘(ii) $6,000,000,000 in certified development com- pany financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Busi- ness Investment Act of 1958 [15 U.S.C. 697a]; ‘‘(iii) $500,000,000 in loans, as provided in section 7(a)(21); and ‘‘(iv) $50,000,000 in loans, as provided in section 7(m). ‘‘(C) For the programs authorized by title III of the Small Business Investment Act of 1958 [15 U.S.C. 681 et seq.], the Administration is authorized to make— ‘‘(i) $4,250,000,000 in purchases of participating securities; and ‘‘(ii) $3,250,000,000 in guarantees of debentures. ‘‘(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 [15 U.S.C. 694a et seq.], the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act [15 U.S.C. 694b(a)(3)]. ‘‘(E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1) [15 U.S.C. 637(b)(1)]. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(A) There are authorized to be appropriated to the Administration for fiscal year 2005 such sums as Page 758 TITLE 15—COMMERCE AND TRADE § 631 may be necessary to carry out the provisions of this Act not elsewhere provided for, including adminis- trative expenses and necessary loan capital for dis- aster loans pursuant to section 7(b) [15 U.S.C. 636(b)], and to carry out the Small Business Invest- ment Act of 1958 [15 U.S.C. 661 et seq.], including salaries and expenses of the Administration. ‘‘(B) Notwithstanding any other provision of this paragraph, for fiscal year 2005— ‘‘(i) no funds are authorized to be used as loan capital for the loan program authorized by sec- tion 7(a)(21) except by transfer from another Fed- eral department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and ‘‘(ii) the Administration may not approve loans on its own behalf or on behalf of any other Fed- eral department or agency, by contract or other- wise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $2,000,000. ‘‘(e) FISCAL YEAR 2006.— ‘‘(1) PROGRAM LEVELS.—The following program lev- els are authorized for fiscal year 2006: ‘‘(A) For the programs authorized by this Act [15 U.S.C. 631 et seq.], the Administration is authorized to make— ‘‘(i) $80,000,000 in technical assistance grants, as provided in section 7(m) [15 U.S.C. 636(m)]; and ‘‘(ii) $110,000,000 in direct loans, as provided in 7(m). ‘‘(B) For the programs authorized by this Act, the Administration is authorized to make $25,050,000,000 in deferred participation loans and other financings. Of such sum, the Administration is au- thorized to make— ‘‘(i) $17,000,000,000 in general business loans, as provided in section 7(a) [15 U.S.C. 636(a)]; ‘‘(ii) $7,500,000,000 in certified development com- pany financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Busi- ness Investment Act of 1958 [15 U.S.C. 697a]; ‘‘(iii) $500,000,000 in loans, as provided in section 7(a)(21); and ‘‘(iv) $50,000,000 in loans, as provided in section 7(m). ‘‘(C) For the programs authorized by title III of the Small Business Investment Act of 1958 [15 U.S.C. 681 et seq.], the Administration is authorized to make— ‘‘(i) $4,500,000,000 in purchases of participating securities; and ‘‘(ii) $3,500,000,000 in guarantees of debentures. ‘‘(D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958 [15 U.S.C. 694a et seq.], the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act [15 U.S.C. 694b(a)(3)]. ‘‘(E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1) [15 U.S.C. 637(b)(1)]. ‘‘(2) ADDITIONAL AUTHORIZATIONS.— ‘‘(A) There are authorized to be appropriated to the Administration for fiscal year 2006 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including adminis- trative expenses and necessary loan capital for dis- aster loans pursuant to section 7(b) [15 U.S.C. 636(b)], and to carry out the Small Business Invest- ment Act of 1958, including salaries and expenses of the Administration. ‘‘(B) Notwithstanding any other provision of this paragraph, for fiscal year 2006— ‘‘(i) no funds are authorized to be used as loan capital for the loan program authorized by sec- tion 7(a)(21) except by transfer from another Fed- eral department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and ‘‘(ii) the Administration may not approve loans on its own behalf or on behalf of any other Fed- eral department or agency, by contract or other- wise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $2,000,000. ‘‘(f) FISCAL YEAR 2004 PURCHASE AND GUARANTEE AU- THORITY UNDER TITLE III OF SMALL BUSINESS INVEST- MENT ACT OF 1958.—For fiscal year 2004, for the pro- grams authorized by title III of the Small Business In- vestment Act of 1958 (15 U.S.C. 681 et seq.), the Admin- istration is authorized to make— ‘‘(1) $4,000,000,000 in purchases of participating secu- rities; and ‘‘(2) $3,000,000,000 in guarantees of debentures. ‘‘(g) AUTHORITY TO INCREASE AMOUNT OF GENERAL BUSINESS LOANS.— ‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3) and with respect to fiscal year 2019 and each fiscal year thereafter, if the Administrator determines that the amount of commitments by the Administrator for general business loans authorized under section 7(a) [15 U.S.C. 636(a)] for a fiscal year could exceed the limit on the total amount of commitments the Ad- ministrator may make for those loans under this Act, an appropriations Act, or any other provision of law, the Administrator may make commitments for those loans for that fiscal year in an aggregate amount equal to not more than 115 percent of that limit. ‘‘(2) NOTICE REQUIRED BEFORE EXERCISING AUTHOR- ITY.—Not later than 30 days before the date on which the Administrator intends to exercise the authority under paragraph (1), the Administrator shall submit notice of intent to exercise the authority to— ‘‘(A) the Committee on Small Business and Entre- preneurship and the Subcommittee on Financial Services and General Government of the Com- mittee on Appropriations of the Senate; and ‘‘(B) the Committee on Small Business and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the House of Representatives. ‘‘(3) LIMITATION.—The Administrator shall not exer- cise the authority under paragraph (1) more than once during any fiscal year. ‘‘(h) MICROLOAN PROGRAM.—For each of fiscal years 2021 through 2025, the Administration is authorized to make— ‘‘(1) $80,000,000 in technical assistance grants, as provided in section 7(m) [15 U.S.C. 636(m)]; and ‘‘(2) $110,000,000 in direct loans, as provided in sec- tion 7(m).’’ CATEGORY MANAGEMENT TRAINING Pub. L. 116–283, div. A, title VIII, § 871, Jan. 1, 2021, 134 Stat. 3788, provided that: ‘‘(a) IN GENERAL.—Not later than 8 months after the date of the enactment of this section [Jan. 1, 2021], the Administrator of the Small Business Administration, in coordination with the Administrator of the Office of Federal Procurement Policy and any other head of a Federal agency (as determined by the Administrator), shall develop a training curriculum on category man- agement for staff of Federal agencies with procurement or acquisition responsibilities. Such training shall in- clude— ‘‘(1) best practices for procuring goods and services from small business concerns (as defined under sec- tion 3 of the Small Business Act (15 U.S.C. 632)); and ‘‘(2) information on avoiding conflicts with the re- quirements of the Small Business Act (15 U.S.C. 631 et seq.). Page 759 TITLE 15—COMMERCE AND TRADE § 631 ‘‘(b) USE OF CURRICULUM.—The Administrator of the Small Business Administration— ‘‘(1) shall ensure that staff for Federal agencies de- scribed in subsection (a) receive the training de- scribed in such subsection; and ‘‘(2) may request the assistance of the relevant Di- rector of Small and Disadvantaged Business Utiliza- tion (as described in section 15(k) of the Small Busi- ness Act (15 U.S.C. 644(k))) to carry out the require- ments of paragraph (1). ‘‘(c) SUBMISSION TO CONGRESS.—The Administrator of the Small Business Administration shall provide a copy of the training curriculum developed under subsection (a) to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. ‘‘(d) CATEGORY MANAGEMENT DEFINED.—In this sec- tion, the term ‘category management’ has the meaning given by the Director of the Office of Management and Budget.’’ SMALL BUSINESS ACT CONTRACTING REQUIREMENTS TRAINING Pub. L. 112–239, div. A, title XVI, § 1622(a), (b), Jan. 2, 2013, 126 Stat. 2069, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this part [Jan. 2, 2013], the De- fense Acquisition University and the Federal Acquisi- tion Institute shall each provide a course on con- tracting requirements under the Small Business Act [15 U.S.C. 631 et seq.], including the requirements for small business concerns owned and controlled by service-dis- abled veterans, qualified HUBZone small business con- cerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. ‘‘(b) COURSE REQUIRED.—To have a Federal Acquisi- tion Certification in Contracting (or any successor cer- tification) or the equivalent Department of Defense certification an individual shall be required to com- plete the course established under subsection (a).’’ AGENCY ACHIEVEMENT OF SMALL BUSINESS GOALS Pub. L. 112–239, div. A, title XVI, § 1633(b), (c), Jan. 2, 2013, 126 Stat. 2076, as amended by Pub. L. 114–92, div. A, title VIII, § 871, Nov. 25, 2015, 129 Stat. 939, provided that: ‘‘(b) RESPONSIBILITY FOR ACHIEVING SMALL BUSINESS GOALS.—The head of an agency shall take steps to en- sure that members of the senior executive service, as defined under section 3396(a) of title 5, United States Code, responsible for acquisition, other senior officials responsible for acquisition, and other members of the senior executive service, as appropriate, assume re- sponsibility for the agency’s success in achieving each of the small business prime contracting and subcon- tracting goals and percentages by— ‘‘(1) promoting a climate or environment that is re- sponsive to small business concerns; ‘‘(2) communicating the importance of achieving the agency’s small business contracting goals; and ‘‘(3) encouraging small business awareness, out- reach, and support. ‘‘(c) DEFINITIONS.—In this section [enacting this note and provisions set out as a note under section 3396 of Title 5, Government Organization and Employees] the term ‘responsible for acquisition’, with respect to a member of the senior executive service or other senior official, means such a member or official who acquires services or supplies, directs agency organizations to ac- quire services or supplies, oversees acquisition officials, including program managers, contracting officers, and other acquisition workforce personnel responsible for formulating and approving acquisition strategies and plans.’’ LOAN APPLICATION PROCESSING Pub. L. 106–554, § 1(a)(9) [title VIII, § 801], Dec. 21, 2000, 114 Stat. 2763, 2763A–702, required the Administrator of the Small Business Administration to conduct a loan application processing study and to transmit the re- sults to Congress not later than 1 year after Dec. 21, 2000. SERVICE DISABLED VETERANS Pub. L. 105–135, title VII, §§ 701–704, 707, 709, Dec. 2, 1997, 111 Stat. 2636–2638, provided that: ‘‘SEC. 701. PURPOSES. ‘‘The purposes of this title [amending sections 631b, 636, and 637 of this title and enacting this note] are— ‘‘(1) to foster enhanced entrepreneurship among eli- gible veterans by providing increased opportunities; ‘‘(2) to vigorously promote the legitimate interests of small business concerns owned and controlled by eligible veterans; and ‘‘(3) to ensure that those concerns receive fair con- sideration in purchases made by the Federal Govern- ment. ‘‘SEC. 702. DEFINITIONS. ‘‘In this title: ‘‘(1) ELIGIBLE VETERAN.—The term ‘eligible veteran’ means a disabled veteran (as defined in section 4211(3) of title 38, United States Code). ‘‘(2) SMALL BUSINESS CONCERN OWNED AND CON- TROLLED BY ELIGIBLE VETERANS.—The term ‘small business concern owned and controlled by eligible veterans’ means a small business concern (as defined in section 3 of the Small Business Act [15 U.S.C. 632])— ‘‘(A) that is at least 51 percent owned by 1 or more eligible veterans, or in the case of a publicly owned business, at least 51 percent of the stock of which is owned by 1 or more eligible veterans; and ‘‘(B) whose management and daily business oper- ations are controlled by eligible veterans. ‘‘SEC. 703. REPORT BY SMALL BUSINESS ADMINIS- TRATION. ‘‘(a) STUDY AND REPORT.— ‘‘(1) IN GENERAL.—Not later than 9 months after the date of enactment of this Act [Dec. 2, 1997], the Ad- ministrator shall conduct a comprehensive study and submit to the Committees a final report containing findings and recommendations of the Administrator on— ‘‘(A) the needs of small business concerns owned and controlled by eligible veterans; ‘‘(B) the availability and utilization of Adminis- tration programs by small business concerns owned and controlled by eligible veterans; ‘‘(C) the percentage, and dollar value, of Federal contracts awarded to small business concerns owned and controlled by eligible veterans in the preceding 5 fiscal years; and ‘‘(D) methods to improve Administration and other agency programs to serve the needs of small business concerns owned and controlled by eligible veterans. ‘‘(2) CONTENTS.—The report under paragraph (1) shall include recommendations to Congress con- cerning the need for legislation and recommendations to the Office of Management and Budget, relevant of- fices within the Administration, and the Department of Veterans Affairs. ‘‘(b) CONDUCT OF STUDY.—In carrying out subsection (a), the Administrator— ‘‘(1) may conduct surveys of small business con- cerns owned and controlled by eligible veterans and service disabled veterans, including those who have sought financial assistance or other services from the Administration; ‘‘(2) shall consult with the appropriate committees of Congress, relevant groups and organizations in the nonprofit sector, and Federal or State government agencies; and ‘‘(3) shall have access to any information within other Federal agencies that pertains to such veterans and their small businesses, unless such access is spe- cifically prohibited by law. Page 760 TITLE 15—COMMERCE AND TRADE § 631 ‘‘SEC. 704. INFORMATION COLLECTION. ‘‘After the date of issuance of the report required by section 703(a), the Secretary of Veterans Affairs shall, in consultation with the Assistant Secretary for Vet- erans’ Employment and Training and the Adminis- trator, engage in efforts each fiscal year to identify small business concerns owned and controlled by eligi- ble veterans in the United States. The Secretary shall inform each small business concern identified under this section that information on Federal procurement is available from the Administrator. ‘‘SEC. 707. ENTREPRENEURIAL TRAINING, COUN- SELING, AND MANAGEMENT ASSISTANCE. ‘‘The Administrator shall take such actions as may be necessary to ensure that small business concerns owned and controlled by eligible veterans have access to programs established under the Small Business Act [15 U.S.C. 631 et seq.] that provide entrepreneurial training, business development assistance, counseling, and management assistance to small business concerns, including, among others, the Small Business Develop- ment Center program and the Service Corps of Retired Executives (SCORE) program. ‘‘SEC. 709. OUTREACH FOR ELIGIBLE VETERANS. ‘‘The Administrator, the Secretary of Veterans Af- fairs, and the Assistant Secretary of Labor for Vet- erans’ Employment and Training, shall develop and im- plement a program of comprehensive outreach to assist eligible veterans, which program shall include business training and management assistance, employment and relocation counseling, and dissemination of informa- tion on veterans’ benefits and veterans’ entitlements.’’ TRANSITION REIMBURSEMENT Pub. L. 103–403, title IV, § 414, Oct. 22, 1994, 108 Stat. 4197, authorized payment, for a 90-day period of time, of reasonable amounts of funds to pay salaries and ex- penses of members and staff of the National Women’s Business Council appointed on or before Oct. 22, 1994. BUY AMERICAN PREFERENCE IN PROVISION OF FINANCIAL ASSISTANCE Pub. L. 102–366, title I, § 103, Sept. 4, 1992, 106 Stat. 988, provided that: ‘‘In providing financial assistance with amounts appropriated pursuant to the amendments made by this Act [see Short Title of 1992 Amendment note above], the Administrator of the Small Business Administration shall, when practicable, accord pref- erence to small business concerns which use or pur- chase 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.’’ FEASIBILITY STUDY OF BUSINESS COOPERATION NETWORK Pub. L. 101–574, title II, § 233, Nov. 15, 1990, 104 Stat. 2825, directed Administrator of the Small Business Ad- ministration to conduct a study of feasibility of estab- lishing a business cooperation system similar to Busi- ness Cooperation Network developed by the European Economic Community, specified the purpose of the study, and directed Administrator, not later than one year after Nov. 15, 1990, to transmit to Congress a re- port containing the results of the study together with recommendations for such legislative and administra- tive actions as the Administrator considered appro- priate. DEVELOPMENT OF WOMEN’S BUSINESS ENTERPRISE Pub. L. 100–533, title IV, §§ 401–407, Oct. 25, 1988, 102 Stat. 2694, as amended, formerly set out as a note under this section, was transferred to chapter 97 (§ 7101 et seq.) of this title. DISADVANTAGED SMALL BUSINESSES Pub. L. 100–533, title V, § 504, Oct. 25, 1988, 102 Stat. 2698, provided that: ‘‘Nothing contained in this Act [see Short Title of 1988 Amendment note above] is intended to reduce or limit any programs, benefit, or activity that is authorized by law to assist small business con- cerns owned and controlled by socially and economi- cally disadvantaged individuals as defined pursuant to section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3)).’’ GLOBALIZATION OF PRODUCTION; REPORT TO CONGRESS Pub. L. 100–418, title VIII, § 8009, Aug. 23, 1988, 102 Stat. 1561, directed Administrator of Small Business Administration, within one year after Aug. 23, 1988, to submit a written report to Committees on Small Busi- ness of House of Representatives and Senate, prepared by Administration in conjunction with Bureau of Cen- sus and in cooperation with other relevant agencies, that would analyze to extent possible the effect of in- creased outsourcing and other shifts in production ar- rangements on small firms, particularly manufacturing firms, within United States subcontractor tier and to extent that such data is not available determine meth- ods 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 fa- cilitating outsourcing and other international produc- tion arrangements; and make recommendations as to changes in Government policy that would improve competitive position of smaller United States sub- contractors, including recommendations as to incen- tives 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 SEMINARS ON SMALL BUSINESS EXPORTS Pub. L. 102–366, title II, § 224, Sept. 4, 1992, 106 Stat. 1000, directed Small Business Administration to con- duct a National Seminar on Small Business Exports in Buffalo, New York, in connection with the World Uni- versity Games Buffalo ’93 during July, 1993, in order to develop recommendations designed to stimulate ex- ports from small companies, with such Seminar to build upon the information collected by Administra- tion through previously conducted regional small busi- ness trade conferences and prior conference in State of Washington and to specifically consider utility of, and make recommendations regarding, subsequent Inter- national Conference on Small Business and Trade. Pub. L. 100–418, title VIII, § 8011, Aug. 23, 1988, 102 Stat. 1562, directed Small Business Administration to conduct a National Seminar on Small Business Exports within one year after Aug. 23, 1988, in order to develop recommendations designed to stimulate exports from small companies. APPOINTMENT OF ADMINISTRATOR OF SMALL BUSINESS ADMINISTRATION TO TRADE POLICY COMMITTEE; SPE- CIAL TRADE ASSISTANT FOR SMALL BUSINESS IN OF- FICE OF UNITED STATES TRADE REPRESENTATIVE Pub. L. 100–418, title VIII, § 8012, Aug. 23, 1988, 102 Stat. 1563, provided that: ‘‘It is the sense of the Congress that the interests of the small business community have not been ade- quately 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.’’ Page 761 TITLE 15—COMMERCE AND TRADE § 631 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, di- rected President to conduct National White House Con- ference on Small Business not earlier than May 1, 1995, and not later than Sept. 30, 1995, to increase public awareness of essential contribution of small business, to identify obstacles to small business, to examine sta- tus of women and minorities as small business owners, and to develop specific recommendations for action to maintain and encourage economic viability of small business, further provided for creation of White House Conference on Small Business Commission to oversee preparation for Conference, further provided for selec- tion of Conference participants as well as planning and administration of Conference, further provided for final report to be submitted not later than four months after convening of Conference as well as annual follow-up re- ports by Small Business Administration for three years after submission of final report, and further provided for authorization of appropriations. Pub. L. 98–276, May 8, 1984, 98 Stat. 169, directed Presi- dent to call and conduct a National White House Con- ference 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 re- quired Small Business Administration to report to Con- gress annually during the 3-year period following sub- mission of final report on status and implementation of findings and recommendations of Conference. ASIAN PACIFIC AMERICANS AS DISADVANTAGED MINORITY IN 1978 Pub. L. 96–302, title I, § 118(c)(1), July 2, 1980, 94 Stat. 840, provided that 1980 Amendment of subsec. (e)(1)(C) by Pub. L. 96–302, § 118(a), which included Asian Pacific Americans among the disadvantaged minorities, shall apply as if included in the 1978 Amendment made by Pub. L. 95–507, § 201, enacting subsec. (e) of this section. ASSISTANCE TO AUTOMOBILE DEALERS; CONGRESSIONAL FINDINGS; INVESTIGATION BY ADMINISTRATOR; REPORT TO CONGRESS Pub. L. 96–185, § 17, Jan. 7, 1980, 93 Stat. 1335, directed Administrator of Small Business Administration to in- vestigate 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. DEFINITIONS Pub. L. 105–135, § 2, Dec. 2, 1997, 111 Stat. 2593, provided that: ‘‘In this Act [see Short Title of 1997 Amendment note above]— ‘‘(1) the term ‘Administration’ means the Small Business Administration; ‘‘(2) the term ‘Administrator’ means the Adminis- trator of the Small Business Administration; ‘‘(3) the term ‘Committees’ means the Committees on Small Business of the House of Representatives and the Senate [Committee on Small Business of Sen- ate now Committee on Small Business and Entrepre- neurship of Senate]; and ‘‘(4) the term ‘small business concern’ has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).’’ Pub. L. 104–208, div. D, § 2, Sept. 30, 1996, 110 Stat. 3009–725, provided that: ‘‘For purposes of this Act [prob- ably should be ‘‘division’’, see Short Title of 1996 Amendment note above], the term ‘Administrator’ means the Administrator of the Small Business Admin- istration.’’ Executive Documents EXECUTIVE ORDER NO. 11458 Ex. Ord. No. 11458, Mar. 5, 1969, 34 F.R. 4937, which re- lated to a national program for minority business en- terprise, was superseded by Ex. Ord. No. 11625, Oct. 13, 1971, 36 F.R. 19967, set out 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 en- terprise system by socially and economically disadvan- taged 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, estab- lished 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 sup- port of the minority business enterprise program; (b) provide additional technical and management assist- ance to disadvantaged business; (c) to assist in dem- onstration projects; and (d) to coordinate the participa- tion of all Federal departments and agencies in an in- creased 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, pro- grams, 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 re- sources of State and local governments, businesses and trade associations, universities, foundations, profes- sional 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 establish- ment and successful operation of minority business en- terprise. (4) Within constraints of law and appropriations therefor, and according to his discretion, provide finan- cial assistance to public and private organizations so that they may render technical and management as- sistance to minority business enterprises, and defray all or part of the costs of pilot or demonstration projects conducted by public or private agencies or or- ganizations 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 appro- priate to enable him to better fulfill the responsibil- ities vested in him by subsection (a), may— (1) With the participation of other Federal depart- ments and agencies as appropriate, develop comprehen- sive 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 Fed- eral training and technical assistance activities in di- Page 762 TITLE 15—COMMERCE AND TRADE § 631 rect support of the minority enterprise program to as- sure consistency with program goals and to avoid du- plication. (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 en- terprise 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 frame- work through which joint or collaborative under- takings with Federal departments or agencies or pri- vate 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 par- ticipation and cooperation of that department or agen- cy in matters concerning minority business enterprise. (c) The officials designated under the preceding para- graph, 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 mi- nority business enterprise. (d) The head of each Federal department or agency, or a representative designated by him, shall, to the ex- tent provided under regulations issued by the Secretary after consultation with the official designated in para- graph (b) above, report to the Secretary on any activity that falls within the scope of the minority business en- terprise program as defined herein and in those regula- tions. (e) Each Federal department or agency shall, within constraints of law and appropriations therefor, con- tinue 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 dur- ing 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 imple- ment 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 es- tablish such policies, standards, definitions, criteria, and procedures to govern the implementation, interpre- tation, and application of this order, and generally per- form such functions and take such steps as he may deem to be necessary or appropriate to achieve the pur- poses and carry out the provisions hereof. SEC. 6. Definitions. For purposes of this order, the fol- lowing 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 simi- lar 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 as- signed 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 restrict- ing 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, formerly set out as a note under section 1013 of 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, formerly set out as a note under section 1013 of Title 5, 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, formerly set out as a note under sec- tion 1013 of Title 5, Government Organization and Em- ployees. EXECUTIVE ORDER NO. 12269 Ex. Ord. No. 12269, Jan. 15, 1981, 46 F.R. 4673, which es- tablished a seven member President’s Committee on Small Business Policy to advise the President on ap- propriate responses to the recommendations of the White House Conference on Small Business, designated the Administrator of the Small Business Administra- tion 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, pro- vided: 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 Prop- erty and Administrative Services Act of 1949 (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], in order to provide guid- ance and oversight for programs for the development of minority business enterprise pursuant to my statement of December 17, 1982 concerning Minority Business De- velopment; 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 substan- tial procurement or grantmaking authority. Such agencies shall submit these plans to the Cabinet Coun- cil on Commerce and Trade on an annual basis. (b) These annual plans shall establish minority enter- prise development objectives for the participating Page 763 TITLE 15—COMMERCE AND TRADE § 631 agencies and methods for encouraging both prime con- tractors and grantees to utilize minority business en- terprises. The plans shall, to the extent possible, build upon the programs administered by the Minority Busi- ness Development Agency and the Small Business Ad- ministration, including the goals established pursuant to Public Law 95–507 [see Tables for classification]. (c) The Secretary of Commerce and the Adminis- trator of the Small Business Administration, in con- sultation with the Cabinet Council on Commerce and Trade, shall establish uniform guidelines for all Fed- eral 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 an- nual 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 busi- ness development plan under Section 1 of this Order shall, to accomplish the objectives set forth in its plan, establish programs concerning provision of direct as- sistance, procurement assistance, and management and technical assistance to minority business enterprises. (b) Each Federal agency shall, to the extent per- mitted 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 con- tracts let as a result of its grants and agreements. In cases where State and local governments are the recipi- ents, such encouragement shall be consistent with prin- ciples 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 agen- cy’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, pro- vided: 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 Execu- tive order, the functions of the President under the Federal Advisory Committee Act [see 5 U.S.C. 1001 et seq.] applicable to the White House Conference on Small Business Authorization Act, except that of re- porting annually to the Congress, shall be performed by the Administrator of the Small Business Administra- tion 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 SO- CIALLY AND ECONOMICALLY DISADVANTAGED INDIVID- UALS, HISTORICALLY BLACK COLLEGES AND UNIVER- SITIES, AND MINORITY INSTITUTIONS Ex. Ord. No. 12928, Sept. 16, 1994, 59 F.R. 48377, pro- vided: 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 participa- tion in Federal procurement by Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals (SDBs) as described in sec- tion 8 of the Small Business Act (15 U.S.C. 637), Histori- cally Black Colleges and Universities (HBCUs) as de- scribed 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 or- dered 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 as- sist 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 com- mit to the letter and spirit of all laws promoting the participation of SDBs, HBCUs, and MIs in Federal pro- curement. 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 De- fense 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 recipi- ents of Federal funds attain similar goals in their pro- curement; and (c) the establishment of other mechanisms that en- sure that SDBs, HBCUs, and MIs have a fair oppor- tunity to participate in Federal procurement. SEC. 2. Attainment of Goals. All departments and agen- cies 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 meet- ing established SDB, HBCU, and MI participation goals, certain departments and agencies have from time to time failed to aggressively pursue such goals. Depart- ment and agency heads are henceforth directed to exe- cute, implement, and otherwise aggressively strive to fulfill the statutorily-mandated procurement participa- tion goals. In addition, all departments and agencies are encouraged to set reasonable participation goals that exceed statutory requirements, to the extent per- mitted 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 sub- contracting plans and strive to achieve stated goals through prime contractors’ subcontracting practices. Department and agency heads are directed to aggres- sively enforce these prime contractors’ obligations to maximize awards of subcontracts to eligible SDBs. SEC. 4. Office of Small and Disadvantaged Business Utili- zation (‘‘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 Fed- eral Procurement Policy Letter No. 79–1 of March 7, 1979, which provides implementation guidance on sec- Page 764 TITLE 15—COMMERCE AND TRADE § 631 tion 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 ben- efits 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 le- gitimate SDBs, HBCUs, and MIs. Nothing herein is in- tended to change self-certification requirements. SEC. 6. Periodic Reports to the President. The Adminis- trator of the Small Business Administration and the Administrator of the Office of Federal Procurement Policy shall report to the President periodically on the progress of all departments and agencies in complying with the laws and requirements mentioned in this order. SEC. 7. Independent Agencies. Independent agencies are requested to comply with the provisions of this order. SEC. 8. This order shall be effective immediately. WILLIAM J. CLINTON. EX. ORD. NO. 13169. ASSISTANCE TO SMALL BUSINESS EXPORTERS AND DISLOCATED WORKERS Ex. Ord. No. 13169, Oct. 6, 2000, 65 F.R. 60581, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Small Business Act, 15 U.S.C. 631 et seq., the Workforce Investment Act, [former] 29 U.S.C. 2801 et seq., and the Trade Act of 1974, 19 U.S.C. 2271 et seq. [19 U.S.C. 2101 et seq.], and in order to assist small businesses, including businesses headed by under- served populations, in participating in the export of products, and to expedite the delivery of adjustment as- sistance to dislocated workers, it is hereby ordered as follows: SECTION 1. Policy. By its accession to the World Trade Organization, the People’s Republic of China will be re- quired to open its markets to a wide range of products and services provided by Americans. In addition, the United States has recently enacted a new law to facili- tate trade with the countries of Sub-Saharan Africa and the Caribbean Basin. Federal agencies should take steps to assist small businesses, including businesses headed by underserved populations, in capitalizing on these new opportunities. The agencies should also take steps to assist workers who lose their jobs as a result of competition from imports in their efforts to secure adjustment assistance benefits for which they are eligi- ble. SEC. 2. Interagency Task Force on Small Business Ex- ports. (a) The Secretaries of Commerce and Labor, the Administrator of the Small Business Administration, the United States Trade Representative, and the Chair- man of the Export-Import Bank shall, within 60 days from the date of this order, establish an interagency task force through the Trade Promotion Coordinating Committee (TPCC). The task force shall facilitate ex- ports by United States small businesses, including busi- nesses headed by underserved populations, particularly with respect to the People’s Republic of China and the countries of Sub-Saharan Africa and the Caribbean Basin. The TPCC shall submit an annual report to the President on the functions carried out by this task force during the preceding year. As part of its work, the task force shall assess the extent to which the es- tablishment of permanent normal trade relations with the People’s Republic of China, and the United States enactment of the African Growth and Opportunity Act, 19 U.S.C.A. 3701 et seq., and the United States-Caribbean Basin Trade Partnership Act, 19 U.S.C.A. 2701 note, may contribute to the creation of export opportunities for small businesses including businesses headed by un- derserved populations. (b) For the purposes of this order, ‘‘businesses headed by underserved populations’’ means businesses headed by women or minorities, and/or located in rural com- munities. SEC. 3. Expedited Response to Worker Dislocation. (a) The Secretary of Labor shall expedite the Federal re- sponse to worker dislocation through the Workforce In- vestment Act and the Trade Adjustment Assistance program by proactively seeking information, from a variety of sources, on actual or prospective layoffs, in- cluding the media and community and labor union members, and by sharing such information with appro- priate state workforce officials. In addition, the De- partment of Labor (Labor) shall undertake a number of proactive steps to support public outreach activities aimed at workers, employers, the media, local officials, the community, and labor organizations and their members to improve awareness of the adjustment as- sistance available through Labor programs, including, but not limited to: (1) developing a set of methods to inform employers of the services available through Labor workforce programs, which will explain the requirements of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq., and provide information on worker adjustment programs, including the Trade Adjustment Assistance and the basic dislocated worker programs, emphasizing the importance of early intervention to minimize the affects of work layoffs; (2) improving websites and other modes of commu- nication to provide basic information on dislocated worker and Trade Adjustment Assistance program contacts at the State and local level; (3) developing a National Toll-Free Help Line to provide universal, accurate, and easy access to infor- mation about public workforce services to workers and employers; (4) providing on-site technical assistance, in part- nership with other Federal agencies, when there are layoffs or closures with multi-State impact, or when there are dislocations with significant community impact (such as areas that have been affected by nu- merous layoffs of apparel and textile workers); (5) informing States directly when a secondary worker impact has been affirmed by Labor; and (6) to the extent permitted by law, and subject to the availability of appropriations, providing funding or an outreach campaign for secondary workers (i.e., individuals indirectly affected by increased imports from other countries). (b) The Secretary of Labor, in consultation with the Secretary of Commerce and the United States Trade Representative, shall report annually on the employ- ment effects of the establishment of permanent normal trade relations with the People’s Republic of China. SEC. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its offi- cers, its employees, or any other person. WILLIAM J. CLINTON. EX. ORD. NO. 13360. PROVIDING OPPORTUNITIES FOR SERV- ICE-DISABLED VETERAN BUSINESSES TO INCREASE THEIR FEDERAL CONTRACTING AND SUBCONTRACTING Ex. Ord. No. 13360, Oct. 20, 2004, 69 F.R. 62549, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen opportunities in Federal contracting for service-disabled veteran busi- nesses, it is hereby ordered as follows: SECTION 1. Policy. America honors the extraordinary service rendered to the United States by veterans with disabilities incurred or aggravated in the line of duty during active service with the armed forces. Heads of agencies shall provide the opportunity for service-dis- abled veteran businesses to significantly increase the Federal contracting and subcontracting of such busi- nesses. To achieve that objective, agencies shall more effectively implement section 15(g) of the Small Busi- Page 765 TITLE 15—COMMERCE AND TRADE § 631 ness Act (15 U.S.C. 644(g)), which provides that the President must establish a goal of not less than 3 per- cent for participation by service-disabled veteran busi- nesses in Federal contracting, and section 36 of that Act (15 U.S.C. 657f), which gives agency contracting of- ficers the authority to reserve certain procurements for service-disabled veteran businesses. SEC. 2. Duties of Agency Heads. To implement the pol- icy set forth in section 1, heads of agencies shall: (a) develop a strategy to implement the policy set forth in section 1; (b) make the agency’s strategy publicly available and report annually to the Administrator of the Small Business Administration on implementation of the agency’s strategy; (c) designate a senior-level official who shall be re- sponsible for developing and implementing the agency’s strategy; (d) include development and implementation of the agency’s strategy and achievements in furtherance of the strategy as significant elements in any perform- ance plans of the agency’s designated agency senior- level official, chief acquisition officer, and director of small and disadvantaged business utilization; and (e) include in the agency’s strategy plans for: (i) reserving agency contracts exclusively for serv- ice-disabled veteran businesses; (ii) encouraging and facilitating participation by service-disabled veteran businesses in competitions for award of agency contracts; (iii) encouraging agency contractors to subcontract with service-disabled veteran businesses and actively monitoring and evaluating agency contractors’ ef- forts to do so; (iv) training agency personnel on applicable law and policies relating to participation of service-dis- abled veteran businesses in Federal contracting; and (v) disseminating information to service-disabled veteran businesses that would assist these businesses in participating in awards of agency contracts. SEC. 3. Additional Duties of Administrator of the Small Business Administration. The Administrator of the Small Business Administration shall: (a) designate an appropriate entity within the Small Business Administration that shall, in coordination with the Veterans Affairs’ Center for Veterans Enter- prise (CVE), provide to service-disabled veteran busi- nesses information and assistance concerning partici- pation in Federal contracting; (b) advise and assist heads of agencies in their imple- mentation of section 2 of this order; and (c) make available to service-disabled veteran busi- nesses training in Federal contracting law, procedures, and practices that would assist such businesses in par- ticipating in Federal contracting. SEC. 4. Additional Duties of Administrator of General Services. The Administrator of General Services shall: (a) establish a Government-wide Acquisition Con- tract reserved for participation by service-disabled vet- eran businesses; and (b) assist service-disabled veteran businesses to be in- cluded in Federal Supply Schedules. SEC. 5. Additional Duties of the Secretary of Defense. The Secretary of Defense shall direct the Defense Ac- quisition University (DAU) to develop training on con- tracting with service-disabled veteran businesses and make this training available on line through the DAU continuous learning program. SEC. 6. Additional Duties of the Secretary of Veterans Af- fairs. The Secretary of Veterans Affairs shall assist agencies by making available services of the CVE and assist in verifying the accuracy of contractor registra- tion databases with regard to service-disabled veteran businesses. SEC. 7. Additional Duties of the Secretary of Labor and Secretary of Veterans Affairs. The Secretary of Labor and Secretary of Veterans Affairs shall, respectively, direct the Transition Assistance Program and the Disability Transition Assistance Program to educate separating service members as to the benefits available to service- disabled veteran businesses and as to potential entre- preneurial opportunities. SEC. 8. Definitions. As used in this order: (a) the term ‘‘agency’’ means an ‘‘executive agency’’ as that term is defined in section 105 of title 5, United States Code, excluding an executive agency that has fewer than 500 employees, the Government Account- ability Office, or a Government corporation; (b) the term ‘‘service-disabled’’ means, with respect to disability, that the disability was incurred or aggra- vated in the line of duty in the active service in the United States Armed Forces; (c) the term ‘‘service-disabled veteran’’ means a vet- eran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16); (d) the term ‘‘service-disabled veteran business’’ means a small business concern owned and controlled by service-disabled veterans, as defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q)); and (e) the term ‘‘small business concern’’ has the mean- ing specified in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the definitions and standards issued under that section. SEC. 9. General Provisions. (a) Heads of agencies shall carry out duties assigned by sections 3, 4, 5, 6, and 7 of this order to the extent consistent with applicable law and subject to the availability of appropriations. (b) To the extent permitted by law, an agency shall disclose personally identifying information on service- disabled veterans to other agencies who require such information in order to discharge their responsibilities under this order. (c) An agency that consists of a multi-member com- mission shall implement this order to the extent it de- termines appropriate to the accomplishment of the agency’s mission. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, instrumental- ities or entities, its officers, employees or agents, or any other person. GEORGE W. BUSH. ESTABLISHING AN INTERAGENCY TASK FORCE ON FEDERAL CONTRACTING OPPORTUNITIES FOR SMALL BUSINESSES Memorandum of President of the United States, Apr. 26, 2010, 75 F.R. 22499, provided: Memorandum for the Heads of Executive Depart- ments and Agencies The Federal Government is the world’s largest pur- chaser of goods and services, with purchases totaling over $500 billion per year. The American Recovery and Reinvestment Act of 2009 (Recovery Act) and other na- tional investments are providing new opportunities for small businesses to compete for Federal contracts, and it is critical that these investments tap into the tal- ents and skills of a broad cross-section of American business and industry. Small businesses must be able to participate in the Nation’s economic recovery, includ- ing businesses owned by women, minorities, socially and economically disadvantaged individuals, and serv- ice-disabled veterans of our Armed Forces. These busi- nesses should be able to compete and participate effec- tively in Federal contracts. The Congress has established a number of statutory goals designed to help small businesses compete for Federal contracts. In addition to the goal of awarding at least 23 percent of all Federal prime contracting dol- lars to small businesses, the Congress also established Government-wide contracting goals for participation by small businesses that are located in Historically Un- derutilized Business Zones (at least 3 percent) or that are owned by women (at least 5 percent), socially and economically disadvantaged individuals (at least 5 per- cent), and service-disabled veterans (at least 3 percent). These aspirational goals help ensure that all Americans share in the jobs and opportunities created by Federal procurement. Page 766 TITLE 15—COMMERCE AND TRADE § 631a In recent years, the Federal Government has not con- sistently reached its small business contracting goals. Although we have made some progress—particularly with respect to Recovery Act contracts—more work can and should be done. I am committed to ensuring that small businesses, including firms owned by women, minorities, socially and economically dis- advantaged individuals, and service-disabled veterans, have fair access to Federal Government contracting. Indeed, where small businesses have the capacity to do more, we should strive to exceed the statutory goals. While Chief Acquisition Officers and Senior Procure- ment Executives have many priorities, small business contracting should always be a high priority in the pro- curement process. Obtaining tangible results will require an honest and accurate accounting of our progress so that we can have transparency and accountability through Federal small business procurement data. Additionally, we must expand outreach strategies to alert small firms to Federal contracting opportunities. In order to coordinate executive departments’ and agencies’ efforts towards ensuring that all small busi- nesses have a fair chance to participate in Federal con- tracting opportunities, it is hereby ordered as follows: SECTION 1. Establishment. There is established an Interagency Task Force on Federal Contracting Oppor- tunities for Small Businesses (Task Force). The Sec- retary of Commerce (Secretary), the Director of the Of- fice of Management and Budget (Director), and the Ad- ministrator of the Small Business Administration (Ad- ministrator) shall serve as Co-Chairs of the Task Force and shall direct its work. SEC. 2. Membership. In addition to the Secretary, the Director, and the Administrator, the Task Force shall consist of the following members: (i) the Secretary of the Treasury; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of Labor; (v) the Secretary of Housing and Urban Development; (vi) the Secretary of Transportation; (vii) the Secretary of Veterans Affairs; (viii) the Secretary of Homeland Security; (ix) the Administrator of General Services; (x) the Administrator of the National Aeronautics and Space Administration; (xi) the Director of the Minority Business Develop- ment Agency; (xii) the Director of the Office of Science and Tech- nology Policy; (xiii) the Director of the Domestic Policy Council; (xiv) the Director of the National Economic Council; (xv) the Chair of the Council of Economic Advisers; and (xvi) the heads of such other executive departments, agencies, and offices as the President may, from time to time, designate. A member of the Task Force may designate, to per- form the Task Force functions of the member, one or more senior officials who are part of the member’s de- partment, agency, or office, and who are full-time offi- cers or employees of the Federal Government. SEC. 3. Functions. The Task Force shall provide to the President, not later than 120 days after the date of this memorandum, proposals and recommendations for: (i) using innovative strategies, such as teaming, to increase opportunities for small business contractors and utilizing and expanding mentorship programs, such as the mentor-prote´ge´ program; (ii) removing barriers to participation by small busi- nesses in the Federal marketplace by unbundling large projects, improving training of Federal acquisition offi- cials with respect to strategies for increasing small business contracting opportunities, and utilizing new technologies to enhance the effectiveness and effi- ciency of Federal program managers, acquisition offi- cials, and the Directors of Offices of Small Business Programs and Offices of Small and Disadvantaged Busi- ness Utilization, their managers, and procurement cen- ter representatives in identifying and providing access to these opportunities; (iii) expanding outreach strategies to match small businesses, including firms located in Historically Un- derutilized Business Zones and firms owned and con- trolled by women, minorities, socially and economi- cally disadvantaged individuals, and service-disabled veterans of our Armed Forces, with contracting and subcontracting opportunities; and (iv) establishing policies, including revision or clari- fication of existing legislation, regulations, or policies, that are necessary or appropriate to effectuate the ob- jectives of this memorandum. SEC. 4. Using Technology to Improve Transparency and Accountability. Within 90 days of the date of this memo- randum, the Assistant to the President and Chief Tech- nology Officer and the Federal Chief Information Offi- cer, in coordination with the Task Force, shall develop a website that illustrates the participation of small businesses, including those owned by women, minori- ties, socially and economically disadvantaged individ- uals, and service-disabled veterans of our Armed Forces, in Federal contracting. To foster greater ac- countability and transparency in, and allow oversight of, the Federal Government’s progress, this website shall be designed to encourage improved collection, verification, and availability of Federal procurement data and provide accurate data on the Federal Govern- ment’s progress in ensuring that all small businesses have a fair chance to participate in Federal contracting opportunities. SEC. 5. Outreach. In developing its recommendations, the Task Force shall conduct outreach with representa- tives of small businesses and small business associa- tions. SEC. 6. General Provisions. (a) This memorandum shall be implemented consistent with applicable law and sub- ject to the availability of any necessary appropriations. (b) This memorandum does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employ- ees, or agents, or any other person. (c) The heads of executive departments and agencies shall assist and provide information to the Task Force, consistent with applicable law, as may be necessary to carry out the functions of the Task Force. Each execu- tive department and agency shall bear its own expenses of participating in the Task Force. (d) The Director is hereby authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. § 631a. Congressional declaration of small busi- ness economic policy (a) Foster small business For the purpose of preserving and promoting a competitive free enterprise economic system, Congress hereby declares that it is the con- tinuing policy and responsibility of the Federal Government to use all practical means and to take such actions as are necessary, consistent with its needs and obligations and other essen- tial considerations of national policy, to imple- ment and coordinate all Federal department, agency, and instrumentality policies, programs, and activities in order to: foster the economic interests of small businesses; insure a competi- tive economic climate conducive to the develop- ment, growth and expansion of small businesses; establish incentives to assure that adequate cap- ital and other resources at competitive prices are available to small businesses; reduce the concentration of economic resources and expand competition; and provide an opportunity for en- trepreneurship, inventiveness, and the creation and growth of small businesses.