SMALL BUSINESS ACT TABLE OF CONTENTS Sec. 1 Citation.

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SMALL BUSINESS ACT TABLE OF CONTENTS Sec. 1Citation.Sec. 2Policy of Congress. 15 USC 631.Sec. 3Definitions. 15 USC 632.Sec. 4Small Business Administration. 15 USC 633.Sec. 5Administration powers. 15 USC 634.Sec. 6Depositaries of funds. 15 USC 635.Sec. 7Business loans. 15 USC 636.Sec. 8SBA’s additional powers. 15 USC 637.Sec. 9Research and development. 15 USC 638.Sec. 10Reports. 15 USC 639.Sec. 11Antitrust exemption. 15 USC 640.Sec. 12Transfer of small-business functions. 15 USC 641.Sec. 13Listing of agents and attorneys. 15 USC 642.Sec. 14Charges for Government-owned property. 15 USC 643.Sec. 15Awards or contracts. 15 USC 644.Sec. 16Criminal penalties. 15 USC 645.Sec. 17Subordination of SBA collateral. 15 USC 646.Sec. 18Avoidance of duplication. 15 USC 647.Sec. 19Separability. 15 USC 631 note.Sec. 20Authorization for appropriations. 15 USC 631 note.Sec. 21Small business development centers. 15 USC 648. This table of contents is prepared by the editor of the Legislation Handbook and is not a part of the Small BusinessAct.(Rev. 15)

SMALL BUSINESS ACTSec. 22Office of International Trade. 15 USC 649.Sec. 23Supervisory and enforcement authority for small business lending companies. 15USC 650.Sec. 24Tree planting. 15 USC 651.Sec. 25Central European Enterprise Development. 15 USC 652.Sec. 26Office of Rural Affairs. 15 USC 653.Sec. 27Paul D. Coverdell drug-free workplace demonstration program.15 USC 654.Sec. 28Pilot technology access program. 15 USC 655.Sec. 29Women’s business center program. 15 USC 656.Sec. 30Oversight of regulatory enforcement. 15 USC 657.Sec. 31HUBZone program. 15 USC 657a.Sec. 32Veterans Programs. 15 USC 657b.Sec. 33Repealed.Sec. 34Federal and state technology partnership program. 15 USC 657d.Sec. 35Mentoring networks. 15 USC 657e.Sec. 36Procurement program for small business concerns owned and controlled byservice-disabled veterans. 15 USC 657f.Sec. 37Coordination of disaster assistance programs with FEMA. 15 USC 657i.Sec. 38Information tracking and follow-up system for disaster assistance. 15 USC 657j.Sec. 39Disaster processing redundancy. 15 USC 657k.Sec. 40Comprehensive disaster response plan. 15 USC 657l.Sec. 41Plans to secure sufficient office space. 15 USC 657m.Sec. 42Immediate disaster assistance program. 15 USC 657n.2(Rev. 15)

SMALL BUSINESS ACTSec. 43Annual reports on disaster assistance. 15 USC 657o.Sec. 44Consolidation of contract requirements. 15 USC 657q.Sec. 45Mentor-protégé programs. 15 USC 657r.Sec. 46Limitations on subcontracting. 15 USC 657s.Sec. 4715 USC 631 note.3(Rev. 15)

SMALL BUSINESS ACT4(Rev. 15)

SMALL BUSINESS ACTThis compilation includesPL 114-328, enacted 12/23/16.SMALL BUSINESS ACT(Public Law 85-536, as amended)§ 1.This Act may be cited as the “Small Business Act.”§ 2. (a)The essence of the American economic system of private enterprise is freecompetition. Only through full and free competition can free markets, free entry into business,and opportunities for the expression and growth of personal initiative and individual judgment beassured. The preservation and expansion of such competition is basic not only to the economicwell-being but to the security of this Nation. Such security and well-being cannot be realizedunless the actual and potential capacity of small business is encouraged and developed. It is thedeclared policy of the Congress that the Government should aid, counsel, assist, and protect,insofar as is possible, the interests of small-business concerns in order to preserve freecompetitive enterprise, to insure that a fair proportion of the total purchases and contracts orsubcontracts for property and services for the Government (including but not limited to contractsor subcontracts for maintenance, repair, and construction) be placed with small businessenterprises, to insure that a fair proportion of the total sales of Government property be made tosuch enterprises, and to maintain and strengthen the overall economy of the Nation.(b)(1)It is the declared policy of the Congress that the Federal Government,through the Administrator of the Small Business Administration, acting through the AssociateAdministrator for International Trade and in cooperation with the Department of Commerce andother relevant State and Federal agencies, should aid and assist small businesses, as definedunder this Act, to increase their ability to compete in international markets by—(A)enhancing their ability to export;(B)facilitating technology transfers;(C)enhancing their ability to compete effectively and efficientlyagainst imports;(D)increasing the access of small businesses to long-term capital forthe purchase of new plant and equipment used in the production of goods and services involvedin international trade;(E)disseminating information concerning State, Federal, and privateprograms and initiatives to enhance the ability of small businesses to compete in internationalmarkets; and5(Rev. 15)

SMALL BUSINESS ACT(F)ensuring that the interests of small businesses are adequatelyrepresented in bilateral and multilateral trade negotiations.(2)The Congress recognizes that the Department of Commerce is theprincipal Federal agency for trade development and export promotion and that the Department ofCommerce and the Small Business Administration work together to advance joint interests. It isthe purpose of this Act to enhance, not alter, their respective roles.(c)It is the declared policy of the Congress that the Government, through the SmallBusiness Administration, should aid and assist small business concerns which are engaged in theproduction of food and fiber, ranching, and raising of livestock, aquaculture, and all otherfarming and agricultural related industries; and the financial assistance programs authorized bythis Act are also to be used to assist such concerns.(d)(1)The assistance programs authorized by sections 7(i) and 7(j) of this Actare to be utilized to assist in the establishment, preservation, and strengthening of small businessconcerns and improve the managerial skills employed in such enterprises, with special attentionto small business concerns (1) located in urban or rural areas with high proportions ofunemployed or low-income individuals; or (2) owned by low-income individuals; and tomobilize for these objectives private as well as public managerial skills and resources.(2)(A)the Congress finds—With respect to the programs authorized by section 7(j) of this Act,(i)that ownership and control of productive capital isconcentrated in the economy of the United States and certain groups, therefore, own and controllittle productive capital;(ii)that certain groups in the United States own and controllittle productive capital because they have limited opportunities for small business ownership;(iii) that the broadening of small business ownership amonggroups that presently own and control little productive capital is essential to provide for thewell-being of this Nation by promoting their increased participation in the free enterprise systemof the United States;(iv)that such development of business ownership amonggroups that presently own and control little productive capital will be greatly facilitated throughthe creation of a small business ownership development program, which shall provide services,including, but not limited to, financial, management, and technical assistance.(v)that the power to let Federal contracts pursuant to section8(a) of the Small Business Act can be an effective procurement assistance tool for developmentof business ownership among groups that own and control little productive capital; and6(Rev. 15)

SMALL BUSINESS ACT(vi)that the procurement authority under section 8(a) of theSmall Business Act shall be used only as a tool for developing business ownership among groupsthat own and control little productive capital.(B)It is therefore the purpose of the programs authorized by section7(j) of this Act to—(i)foster business ownership and development by individualsin groups that own and control little productive capital; and(ii)promote the competitive viability of such firms in themarketplace by creating a small business and capital ownership development program to providesuch available financial, technical, and management assistance as may be necessary.(e)Further, it is the declared policy of the Congress that the Government should aidand assist victims of floods and other catastrophes, and small-business concerns which aredisplaced as a result of federally aided construction programs.(f)(1)Congress finds—With respect to the Administration's business development programs the(A)that the opportunity for full participation in our free enterprisesystem by socially and economically disadvantaged persons is essential if we are to obtain socialand economic equality for such persons and improve the functioning of our national economy;(B)that many such persons are socially disadvantaged because of theiridentification as members of certain groups that have suffered the effects of discriminatorypractices or similar invidious circumstances over which they have no control;(C)that such groups include, but are not limited to, Black Americans,Hispanic Americans, Native Americans, Indian tribes, Asian Pacific Americans, NativeHawaiian Organizations, and other minorities;(D)that it is in the national interest to expeditiously ameliorate theconditions of socially and economically disadvantaged groups;(E)that such conditions can be improved by providing the maximumpracticable opportunity for the development of small business concerns owned by members ofsocially and economically disadvantaged groups;(F)that such development can be materially advanced through theprocurement by the United States of articles, equipment, supplies, services, materials, andconstruction work from such concerns; and7(Rev. 15)

SMALL BUSINESS ACT(G)that such procurements also benefit the United States byencouraging the expansion of suppliers for such procurements, thereby encouraging competitionamong such suppliers and promoting economy in such procurements.(2)It is, therefore, the purpose of section 8(a) to—(A)promote the business development of small business concernsowned and controlled by socially and economically disadvantaged individuals so that suchconcerns can compete on an equal basis in the American economy;(B)promote the competitive viability of such concerns in themarketplace by providing such available contract, financial, technical, and managementassistance as may be necessary; and(C)clarify and expand the program for the procurement by the UnitedStates of articles, equipment, supplies, services, materials, and construction work from smallbusiness concerns owned by socially and economically disadvantaged individuals.(g)In administering the disaster loan program authorized by section 7 of this Act, tothe maximum extent possible, the Administration shall provide assistance and counseling todisaster victims in filing applications, providing information relevant to loan processing, and inloan closing and prompt disbursement of loan proceeds and shall give the disaster program ahigh priority in allocating funds for administrative expenses.(h)(1)With respect to the programs and activities authorized by this Act, theCongress finds that—(A)women owned business has become a major contributor to theAmerican economy by providing goods and services, revenues, and jobs;(B)over the past two decades there have been substantial gains in thesocial and economic status of women as they have sought economic equality and independence;(C)despite such progress, women, as a group, are subjected todiscrimination in entrepreneurial endeavors due to their gender;(D)such discrimination takes many overt and subtle forms adverselyimpacting the ability to raise or secure capital, to acquire managerial talents, and to capturemarket opportunities;(E)it is in the national interest to expeditiously remove discriminatorybarriers to the creation and development of small business concerns owned and controlled bywomen;8(Rev. 15)

SMALL BUSINESS ACT(F)the removal of such barriers is essential to provide a fairopportunity for full participation in the free enterprise system by women and to further increasethe economic vitality of the Nation;(G)increased numbers of small business concerns owned andcontrolled by women will directly benefit the United States Government by expanding thepotential number of suppliers of goods and services to the Government; and(H)programs and activities designed to assist small business concernsowned and controlled by women must be implemented in such a way as to remove suchdiscriminatory barriers while not adversely affecting the rights of socially and economicallydisadvantaged individuals.(2)It is, therefore, the purpose of those programs and activities conductedunder the authority of this Act that assist women entrepreneurs to—(A)vigorously promote the legitimate interests of small businessconcerns owned and controlled by women;(B)remove, insofar as possible, the discriminatory barriers that areencountered by women in accessing capital and other factors of production; and(C)require that the Government engage in a systematic and sustainedeffort to identify, define and analyze those discriminatory barriers facing women and that sucheffort directly involve the participation of women business owners in the public/private sectorpartnership.(i)PROHIBITION ON THE USE OF FUNDS FOR INDIVIDUALS NOTLAWFULLY WITHIN THE UNITED STATES.—None of the funds made available pursuant tothis Act may be used to provide any direct benefit or assistance to any individual in the UnitedStates if the Administrator or the official to which the funds are made available receivesnotification that the individual is not lawfully within the United States.(j)CONTRACT BUNDLING.—In complying with the statement of congressionalpolicy expressed in subsection (a), relating to fostering the participation of small businessconcerns in the contracting opportunities of the Government, each Federal agency, to themaximum extent practicable, shall—(1)comply with congressional intent to foster the participation of smallbusiness concerns as prime contractors, subcontractors, and suppliers;(2)structure its contracting requirements to facilitate competition by andamong small business concerns, taking all reasonable steps to eliminate obstacles to theirparticipation; and9(Rev. 15)

SMALL BUSINESS ACT(3)avoid unnecessary and unjustified bundling of contract requirements thatprecludes small business participation in procurements as prime contractors.§3DEFINITIONS.(a)SMALL BUSINESS CONCERNS.—(1)IN GENERAL.—For the purposes of this Act, a small-business concern,including but not limited to enterprises that are engaged in the business of production of food andfiber, ranching and raising of livestock, aquaculture, and all other farming and agriculturalrelated industries, shall be deemed to be one which is independently owned and operated andwhich is not dominant in its field of operation.(2)ESTABLISHMENT OF SIZE STANDARDS.—(A)IN GENERAL.—In addition to the criteria specified in paragraph(1), the Administrator may specify detailed definitions or standards by which a business concernmay be determined to be a small business concern for the purposes of this Act or any other Act.(B)ADDITIONAL CRITERIA.—The standards described inparagraph (1) may utilize number of employees, dollar volume of business, net worth, netincome, a combination thereof, or other appropriate factors.(C)REQUIREMENTS.—Unless specifically authorized by statute, noFederal department or agency may prescribe a size standard for categorizing a business concernas a small business concern, unless such proposed size standard—(i)is proposed after an opportunity for public notice and(ii)provides for determining—comment;(I)the size of a manufacturing concern as measured bythe manufacturing concern's average employment based upon employment during each of themanufacturing concern's pay periods for the preceding 12 months;(II)the size of a business concern providing services onthe basis of the annual average gross receipts of the business concern over a period of not lessthan 3 years;(III) the size of other business concerns on the basis ofdata over a period of not less than 3 years; or(IV)(iii)other appropriate factors; andis approved by the Administrator.10(Rev. 15)

SMALL BUSINESS ACT(3)VARIATION BY INDUSTRY AND CONSIDERATION OF OTHERFACTORS.—When establishing or approving any size standard pursuant to paragraph (2), theAdministrator shall ensure that the size standard varies from industry to industry to the extentnecessary to reflect the differing characteristics of the various industries and consider otherfactors deemed to be relevant by the Administrator.(4)EXCLUSION OF CERTAIN SECURITY EXPENSES FROMCONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS.—(A)DETERMINATION REQUIRED.—Not later than 30 days afterthe date of enactment of this paragraph, the Administrator shall review the application of sizestandards established pursuant to paragraph (2) to small business concerns that are performingcontracts in qualified areas and determine whether it would be fair and appropriate to excludefrom consideration in the average annual gross receipts of such small business concerns anypayments made to such small business concerns by Federal agencies to reimburse such smallbusiness concerns for the cost of subcontracts entered for the sole purpose of providing securityservices in a qualified area.(B)ACTION REQUIRED.—not later than 60 days after the date ofenactment of this paragraph, the Administrator shall either—(i)initiate an adjustment to the size standards, as described insubparagraph (A), if the Administrator determines that such an adjustment would be fair andappropriate; or(ii)provide a report to the Committee on Small BusinessEntrepreneurship of the Senate and the Committee on Small Business of the House ofRepresentatives explaining in detail the basis for the determination by the Administrator thatsuch an adjustment would not be fair and appropriate.(C)QUALIFIED AREAS.—In this paragraph, the term “qualifiedarea” means—(i)Iraq,(ii)Afghanistan, and(iii) any foreign country which included a combat zone, as thatterm is defined in section 112(c)(2) of the Internal Revenue Code of 1986, at the time ofperformance of the relevant Federal contract or subcontract.(5)ALTERNATIVE SIZE STANDARD.(A)IN GENERAL.—The Administrator shall establish an alternativesize standard for applicants for business loans under section 7(a) and applicants for development11(Rev. 15)

SMALL BUSINESS ACTcompany loans under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 etseq.), that uses maximum tangible net worth and average net income as an alternative to the useof industry standards.(B)INTERIM RULE.—Until the date on which the alternative sizestandard established under subparagraph (A) is in effect, an applicant for a business loan undersection 7(a) or an applicant for a development company loan under title V of the Small BusinessInvestment Act of 1958 may be eligible for such a loan if—(i)the maximum tangible net worth of the applicant is notmore than 15,000,000; and(ii)the average net income after Federal income taxes(excluding any carry-over losses) of the applicant for the 2 full fiscal years before the date of theapplication is not more than 5,000,000.(6)PROPOSED RULEMAKING.—In conducting rulemaking to revise,modify or establish size standards pursuant to this section, the Administrator shall consider, andaddress, and make publicly available as part of the notice of proposed rulemaking and notice offinal rule each of the following:(A)a detailed description of the industry for which the new size(B)an analysis of the competitive environment for that industry;standard is proposed;(C)the approach the Administrator used to develop the proposedstandard

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