Source
(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.)
Codification
This chapter was originally enacted as title II of act July 30, 1953, ch. 282,
67 Stat. 232, and designated as the “Small Business Act of 1953”. Title II of act July 30, 1953, was amended by acts June 30, 1955, ch. 251, § 4,
69 Stat. 225; Aug. 9, 1955, ch. 628,
69 Stat. 547; Feb. 2, 1956, ch. 29, §§ 1,
2,
70 Stat. 10;
Pub. L. 85–4, §§ 1,
2, Feb. 11, 1957,
71 Stat. 1;
Pub. L. 85–120, §§ 1,
2, Aug. 3, 1957,
71 Stat. 341;
Pub. L. 85–335, Feb. 22, 1958,
72 Stat. 27. Section 1 of
Pub. L. 85–536 withdrew title II of act July 30, 1953, as part of that act, and made title II a separate act to be known as the “Small Business Act”. The Small Business Act, as amended by
Pub. L. 85–536, is classified to this chapter.
Amendments
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 correction to directory language of
Pub. L. 100–656, § 207(b), which did not result in any change in text, see 1988 Amendment note below.
1988—Subsecs. (b), (c).
Pub. L. 100–418 added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d).
Pub. L. 100–418 redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(2)(A)(v).
Pub. L. 100–656, § 204(b), which directed amendment of subsec. (c)(2)(A)(v) by striking out “sole source” after “power to let” was executed to subsec. (d)(2)(A)(v) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by
Pub. L. 100–418.
Subsec. (d)(2)(B).
Pub. L. 100–656, § 204(a)(1), which directed general amendment of subsec. (c)(2)(B), was executed to subsec. (d)(2)(B) to reflect the probable intent of Congress and the intervening redesignation of subsec. (c) as (d) by
Pub. L. 100–418. Prior to amendment, subpar. (B) read as follows: “It is, therefore, the purpose of the programs authorized by section
636
(j) of this title to—
“(i) foster business ownership by individuals in groups that own and control little productive capital; and
“(ii) promote the competitive viability of such firms by creating a small business and capital ownership development program to provide such available financial, technical, and management assistance as may be necessary.”
Subsecs. (e), (f).
Pub. L. 100–418 redesignated subsecs. (d) and (e) as (e) and (f), respectively.
Subsec. (f)(1)(C).
Pub. L. 100–656, § 207(b), as amended by
Pub. L. 101–37, which directed amendment of subsec. (e)(1)(C) by inserting “Native Hawaiian Organizations,” was executed to subsec. (f)(1)(C) to reflect the probable intent of Congress and the intervening redesignation of subsec. (e) as (f) by
Pub. L. 100–418.
Subsec. (f)(2).
Pub. L. 100–656, § 204(a)(2), which directed general amendment of subsec. (e)(2), was executed to subsec. (f)(2) to reflect the probable intent of Congress and the intervening redesignation of subsec. (e) as (f) by
Pub. L. 100–418. Prior to amendment, par. (2) read as follows: “It is, therefore, the purpose of section
637
(a) of this title to—
“(A) foster business ownership by individuals who are both socially and economically disadvantaged;
“(B) promote the competitive viability of such firms by providing such available contract, financial, technical, and management assistance as may be necessary; and
“(C) clarify and expand the program for the procurement by the United States of articles, equipment, supplies, services, materials, and construction work from small business concerns owned by socially and economically disadvantaged individuals.”
Subsec. (g).
Pub. L. 100–590, § 118, added subsec. (g).
Subsec. (h).
Pub. L. 100–533 added subsec. (h).
1986—Subsec. (e)(1)(C).
Pub. L. 99–272 inserted “Indian tribes,”.
1980—Subsec. (e)(1)(C).
Pub. L. 96–302 included among the disadvantaged minorities Asian Pacific Americans.
1978—Subsec. (c).
Pub. L. 95–507, § 203, designated existing provisions as par. (1) and added par. (2).
Subsec. (e).
Pub. L. 95–507, § 201, added subsec. (e).
1976—Subsecs. (b) to (d).
Pub. L. 94–305 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1974—Subsecs. (b), (c).
Pub. L. 93–386 added subsec. (b) and redesignated former subsec. (b) as (c).
1961—Subsec. (a).
Pub. L. 87–305 inserted “or subcontracts” after “contracts” in two places.
Subsec. (b).
Pub. L. 87–70 included small-business concerns which are displaced as a result of federally aided construction programs.
Effective Date of 1997 Amendment
Section 3 of
Pub. L. 105–135 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
Section 32 of
Pub. L. 101–37 provided that: “The amendments made by this Act [see Short Title of 1989 Amendment note below] shall apply as if included in the Business Opportunity Development Reform Act of 1988 [
Pub. L. 100–656].”
Effective Date of 1988 Amendments
Section 803 of
Pub. L. 100–656, as amended by
Pub. L. 101–37, § 31, June 15, 1989,
103 Stat. 76, provided that:
“(a) In General.—Except as otherwise provided, the following provisions (and the amendments made by such provisions) shall take effect on the date of the enactment of this Act [Nov. 15, 1988]:
“(1) Sections
1 and
2 [enacting provisions set out as notes under this section and section
636 of this title].
“(2) Section
101 [enacting provisions set out as a note under section
636 of this title].
“(3) Sections
202,
203,
204,
206, and
207 [amending this section and sections
636 and
637 of this title].
“(4) Sections
301
(a) and
303
(d), (e), and (f) [amending sections
636 and
637 of this title and enacting provisions set out as a note under section
637 of this title].
“(5) Sections
405,
406,
408, and
410 [amending sections
636,
639, and
645 of this title and enacting provisions set out as a note under section
636 of this title].
“(6) Sections
504 and
505 [amending section
636 of this title and enacting provisions set out as notes under section
636 of this title].
“(7) Sections
601 and
603 [amending section
644 of this title].
“(8) Titles VII and VIII [amending section
632 of this title and section 541 of 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 provided, the following sections (and the amendments made by such sections) shall take effect on August 15, 1989:
“(A) Sections
201,
205, and
208 [amending sections
636 and
637 of this title].
“(B) Sections
301
(b),
301
(c),
303
(a),
303
(c),
303
(g),
303
(h), and
304 [amending sections
636 and
637 of this title and enacting provisions set out as a note under section
637 of this title].
“(C) Sections
401,
402,
403,
404, and
409 [amending sections
633 and
637 of this title and enacting provisions set out as a note under section
633 of this title].
“(D) Section
602 [enacting provisions set out as a note under section
637 of this title].
“(2) Section
302 [amending section
636 of this title] shall take effect on June 1, 1989.
“(3) Section
407 [amending section
637 of this title] shall take effect with respect to contracts entered into on or after June 1, 1989.
“(4) The following sections (and the amendments made by such sections) shall take effect on October 1, 1989:
“(A) Section
209 [amending section
637 of this title].
“(B) Section
303
(b) [amending section
637 of this title].
“(C) Sections
501,
502, and
503 [amending sections
637 and
644 of this title].
“(D) Section 7(j)(13)(E) of the Small Business Act [section
636
(j)(13)(E) of this title] (as added by section 301(b) of this Act).”
Section 137 of title I of
Pub. L. 100–590 provided that: “This title [enacting sections
687m and
697c of this title, amending this section and sections
631b,
632,
633,
634,
636,
637,
638,
644,
648,
681,
687, and
695 to
697b of this title, repealing section
694 of this title, enacting provisions set out as notes under this section and sections
636,
637,
639,
644,
694, and
697 of this title, and amending provisions set out as notes under this section and section
637 of this title] shall be effective on the date of enactment [Nov. 3, 1988], except that sections
118 through
122 [amending this section and sections
632 and
636 of this title] shall be effective for all loan applications resulting from disaster declarations made on or after August 1, 1988, or from disaster declarations whose filing periods were open on October 1, 1988. Any new credit authority provided for in this Act [see Short Title of 1988 Amendment note below] is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.”
Section 8014 of title VIII of
Pub. L. 100–418 provided that: “This title [amending this section and sections
636,
648,
649, and
696 of this title, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section
638 of this title] shall become effective on the date of its enactment [Aug. 23, 1988].”
Effective Date of 1981 Amendment
Section 1918 of
Pub. L. 97–35 provided that: “Sections
1908,
1909, and
1913 of this title [amending sections
633,
636, and
696 of this title] shall be effective October 1, 1981, and section
1910 of this title [amending section
636 of this title] shall be effective as provided therein [Oct. 1, 1985]. All other provisions of this title [amending sections
632,
633,
636, and
639 of this title, repealing section
636a of this title, enacting provisions set out as notes under this section and section
636 of this title, and amending provisions set out as notes under this section] shall be effective immediately [Aug. 13, 1981] but shall not affect any financing made, obligated, or committed under the Small Business Act [this chapter] or the Small Business Investment Act of 1958 [chapter
14B of this title] prior to the effective date hereof.”
Effective Date of 1980 Amendment
Section 507 of
Pub. L. 96–302 provided that: “This Act [enacting sections
631a,
631b,
648, and
697 of this title, amending this section, sections
632,
633,
634,
634d,
636,
637,
644,
647,
694–2,
694b, and
694c of this title, section
5315 of Title
5, Government Organization and Employees, and sections
1961 and
1964 of Title
7, Agriculture, enacting provisions set out as notes under this section and sections
636,
637, and
648 of this title, and amending provisions set out as a note under this section] shall take effect October 1, 1980.”
Short Title of 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, amending 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 Manufacturing 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 Reauthorization 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 [enacting sections
657d and
657e of this title, amending section
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 Reauthorization 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 Amendments
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 Entrepreneurship 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 Corrections 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, enacting 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 section
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 Workplace Act of 1998’.”
Short Title of 1997 Amendment
Pub. L. 105–135, § 1(a), Dec. 2, 1997,
111 Stat. 2592, provided 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’.”
Section 601 of title VI of
Pub. L. 105–135 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, 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 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 sections
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 Banking, repealing sections
687i and
687j of this title, enacting 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 provisions set out as a note under section
634 of this title] may be cited as the ‘Small Business Programs Improvement 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’.”
Short Title of 1994 Amendment
Pub. L. 103–403, § 1(a), Oct. 22, 1994,
108 Stat. 4175, provided 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 Reauthorization and Amendments Act of 1994’.”
Short Title of 1993 Amendment
Pub. L. 103–81, § 1(a), Aug. 13, 1993,
107 Stat. 780, provided that: “This Act [amending sections
634,
636,
648,
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 section
648 of this title, and repealing provisions set out as notes under sections
634 and
636 of this title] may be cited as the ‘Small Business Guaranteed Credit Enhancement Act of 1993’.”
Short Title of 1992 Amendments
Pub. L. 102–564, § 1(a), Oct. 28, 1992,
106 Stat. 4249, provided that: “This Act [amending sections
634,
636,
637, and
638 of this title and section
4124 of Title
18, Crimes and Criminal Procedure, enacting provisions set out as notes under this section and section
638 of this title, amending provisions set out as notes under sections
644 and
648 of this title, and repealing provisions set out as a note under section
638 of this title] may be cited as the ‘Small Business Research and Development Enhancement Act of 1992’.”
Pub. L. 102–564, title I, § 101, Oct. 28, 1992,
106 Stat. 4249, provided that: “This title [amending section
638 of this title and enacting provisions set out as notes under section
638 of this title] may be cited as the ‘Small Business Innovation Research Program Reauthorization Act of 1992’.”
Pub. L. 102–564, title II, § 201, Oct. 28, 1992,
106 Stat. 4256, provided that: “This title [amending section
638 of this title and enacting provisions set out as notes under section
638 of this title] may be cited as the ‘Small Business Technology Transfer Act of 1992’.”
Pub. L. 102–366, § 1(a), Sept. 4, 1992,
106 Stat. 986, provided that: “This Act [amending sections
632,
636,
637,
644,
648,
661,
662,
682,
683,
685,
686,
687,
687b, and
687l of this title, enacting provisions set out as notes under this section and sections
632,
634,
636,
644,
648,
661,
681,
687b, and
694b of this title, and amending provisions set out as notes under this section and sections
633,
636, and
644 of this title] may be cited as the ‘Small Business Credit and Business Opportunity Enhancement Act of 1992’.”
Pub. L. 102–366, title I, § 101, Sept. 4, 1992,
106 Stat. 987, provided that: “This subtitle [subtitle A (§§ 101–104) of title I of
Pub. L. 102–366, amending section
636 of this title and enacting and amending provisions set out as notes under this section] may be cited as the ‘Small Business Credit Crunch Relief Act of 1992’.”
Pub. L. 102–366, title I, § 111, Sept. 4, 1992,
106 Stat. 989, provided that: “This subtitle [subtitle B (§§ 111–115) of title I of
Pub. L. 102–366, amending section
636 of this title, enacting provisions set out as notes under section
636 of this title, and amending provisions set out as a note under this section] may be cited as the ‘Microlending Expansion Act of 1992’.”
Short Title of 1991 Amendment
Pub. L. 102–191, § 1, Dec. 5, 1991,
105 Stat. 1589, provided that: “This Act [enacting section
656 of this title, amending sections
636,
637, and
7103 of this title, enacting provisions set out as a note under section
637 of this title] may be cited as the ‘Women’s Business Development Act of 1991’.”
Short Title of 1990 Amendment
Pub. L. 101–574, § 1, Nov. 15, 1990,
104 Stat. 2814, provided that: “This Act [enacting sections
653 and
654 of this title, amending sections
633,
636,
637,
639,
644,
648,
683,
695, and
696 of this title, enacting provisions set out as notes under this section and sections
633,
637,
648,
648a,
653, and
683 of this title and section
601 of Title
5, Government Organization and Employees, amending provisions set out as notes under this section and sections
633,
636,
637,
644, and
694b of this title and section
502 of Title
44, Public Printing and Documents, and repealing provisions set out as a note under section
648 of this title] may be cited as the ‘Small Business Administration Reauthorization and Amendments Act of 1990’.”
Pub. L. 101–574, title III, § 301, Nov. 15, 1990,
104 Stat. 2827, provided that: “This title [enacting sections
653 and
654 of this title, amending sections
631b,
636, and
648 of this title, and enacting provisions set out as notes under section
653 of this title and section
601 of Title
5, Government Organization and Employees] may be cited as the ‘Rural Small Business Enhancement Act of 1990’.”
Short Title of 1989 Amendment
Section 1 of
Pub. L. 101–37 provided that: “This Act [amending this section and sections
633,
636,
637,
639, and
644 of this title, enacting provisions set out as a note under this section, and amending provisions set out as notes under this section and sections
633,
636,
637, and
644 of this title] may be cited as the ‘Business Opportunity Development Reform Act Technical Corrections Act’.”
Short Title of 1988 Amendments
Section 1(a) of
Pub. L. 100–656 provided that: “This Act [amending this section, sections
632,
633,
636,
637,
639,
644, and
645 of this title, and section 541 of 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’.”
Section 1(a) of
Pub. L. 100–590 provided that: “This Act [enacting sections
687m and
697c of this title, amending this section and sections
631b,
632,
633,
634,
636,
637,
638,
644,
648,
681,
687b, and
694b to
697b of this title, repealing section
694 of this title, enacting provisions set out as notes under this section and sections
636,
637,
639,
644,
661,
694,
694b, and
697 of this title, and amending provisions set out as notes under this section and sections
633 and
637 of this title] may be cited as the ‘Small Business Administration Reauthorization and Amendment Act of 1988’.”
Pub. L. 100–533, § 1, Oct. 25, 1988,
102 Stat. 2689, provided in part that
Pub. L. 100–533 “[enacting chapter
97 of this title and section
417a of Title
41, Public Contracts, amending this section and sections
631b,
636,
637, and
1691b of this title, and enacting provisions set out as notes under this section, sections
636 and
637 of this title, and section
131 of Title
13, Census] may be cited as the ‘Women’s Business Ownership Act of 1988’.”
Section 8001 of title VIII of
Pub. L. 100–418 provided that: “This title [amending this section and sections
636,
648,
649, and
696 of this title, enacting provisions set out as notes under this section, and amending provisions set out as notes under this section and section
638 of this title] may be cited as the ‘Small Business International Trade and Competitiveness Act’.”
Short Title of 1984 Amendments
Pub. L. 98–395, § 1, Aug. 21, 1984,
98 Stat. 1366, provided that: “This Act [amending sections
636 and
648 of this title and provisions set out as notes under this section and section
648 of this title] may be cited as the ‘Small Business Development Center Improvement Act of 1984’.”
Pub. L. 98–362, § 1, July 16, 1984,
98 Stat. 431, provided that: “This Act [amending sections
632,
633, and
637 of this title and enacting provisions set out as notes under sections
633 and
637 of this title] may be cited as the ‘Small Business Computer Security and Education Act of 1984’.”
Pub. L. 98–352, § 1, July 10, 1984,
98 Stat. 329, provided that: “This Act [amending sections
633,
634, and
639 of this title and enacting provisions set out as notes under section
634 of this title] may be cited as the ‘Small Business Secondary Market Improvements Act of 1984’.”
Short Title of 1982 Amendment
Section 1 of
Pub. L. 97–219 provided that: “This Act [amending section
638 of this title and enacting provisions set out as notes under section
638 of this title] may be cited as the ‘Small Business Innovation Development Act of 1982’.”
Short Title of 1981 Amendment
Pub. L. 97–35, title XIX, § 1901, Aug. 13, 1981,
95 Stat. 767, provided that: “This title [amending sections
632,
633,
636,
639, and
696 of this title, repealing section
636a of this title, enacting provisions set out as notes under sections
632 and
636 of this title, and amending provisions set out as notes under this section] may be cited as the ‘Small Business Budget Reconciliation and Loan Consolidation/Improvement Act of 1981’.”
Short Title of 1980 Amendments
Pub. L. 96–481, title I, § 110, Oct. 21, 1980,
94 Stat. 2323, provided that: “This part [part B (§§ 110–113) of title I of
Pub. L. 96–481 enacting section
649 of this title, amending section
636 of this title and enacting provisions set out as notes under section
649 of this title] may be cited as the ‘Small Business Export Expansion Act of 1980’.”
Section 201 of title II of
Pub. L. 96–302 provided that: “This title [enacting section
648, amending section
636, and enacting provisions set out as a note under section
648 of this title] may be cited as the ‘Small Business Development Center Act of 1980’.”
Section 301 of title III of
Pub. L. 96–302 provided that: “This title [enacting sections
631a and
631b of this title] may be cited as the ‘Small Business Economic Policy Act of 1980’.”
Section 501 of title V of
Pub. L. 96–302 provided that: “This title [amending sections
632 and
636 of this title and enacting provisions set out as notes under sections
631 and
636 of this title] may be cited as the ‘Small Business Employee Ownership Act of 1980’.”
Short Title of 1978 Amendment
Pub. L. 95–315, § 1, July 4, 1978,
92 Stat. 377, provided: “That this Act [amending sections
633,
636, and
639 of this title and provisions set out as notes under this section] may be cited as the ‘Small Business Energy Loan Act’.”
Short Title of 1974 Amendment
Section 1 of
Pub. L. 93–386 provided: “That this Act [enacting section
694c of this title, amending this section, sections
633,
634,
636,
639,
647,
694, and
694b of this title, and sections
2855,
2942,
2949, and
2982 of Title
42, The Public Health and Welfare, repealing sections
2901,
2902,
2905,
2906,
2906a,
2906b,
2906c, and
2907 of Title
42, and enacting provisions set out as notes under sections
633 and
694 of this title] may be cited as the ‘Small Business Amendments of 1974’.”
Short Title of 1967 Amendment
Section 101 of
Pub. L. 90–104, title I, Oct. 11, 1967,
81 Stat. 268, provided that: “This title [amending sections
633,
636, and
637 of this title and section
2902 of Title
42, The Public Health and Welfare] may be cited as the ‘Small Business Act Amendments of 1967’.”
Short Title of 1961 Amendment
Section 1 of
Pub. L. 87–305 provided: “That this Act [amending this section, sections
633,
634,
636,
637, and
639 of this title, and section
2158 of Appendix to Title
50, War and National Defense] may be cited as the ‘Small Business Act Amendments of 1961’.”
Short Title
Section
2[1] of
Pub. L. 85–536 provided that this chapter should be known as the “Small Business Act”.
Repeal of Inconsistent Laws
Section
2[37], formerly section
2[21], of
Pub. L. 85–536, 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, provided that: “All laws and parts of laws inconsistent with this Act [this chapter] are hereby repealed to the extent of such inconsistency.”
Regulations
Section 417 of title IV of
Pub. L. 105–135 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
405 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 section 22 of the Office of Federal Procurement Policy Act (
41 U.S.C.
418b), 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 enactment of this Act. The effective date for such final regulations shall be not less than 30 days after the date of publication.”
Section 136 of title I of
Pub. L. 100–590 provided that: “Notwithstanding any law, rule or regulation, the Small Business Administration shall promulgate final regulations to be effective on publication to carry out the provisions of this title [see Effective Date of 1988 Amendments note above] within six months after the date of enactment [Nov. 3, 1988].”
Section 8013 of title VIII of
Pub. L. 100–418 provided that: “Notwithstanding any law, rule, or regulation, the Small Business Administration shall promulgate final regulations to carry out the provisions of this title [see Short Title of 1988 Amendments note above] within six months after the date of enactment of this title [Aug. 23, 1988].”
Separability
Section
2[19] of
Pub. L. 85–536 provided that: “If any provision of this Act [this chapter], or the application thereof to any person or circumstances, is held invalid, the remainder of this Act [this chapter], and the application of such provision to other persons or circumstances, shall not be affected thereby.”
Authorization of Appropriations
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, provided that:
“(a)(1) For fiscal year 2000 and each fiscal year thereafter, 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 [section
648 of this title], 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 provided 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 accreditation program, as provided in section
21
(k)(2);
“(E) to pay the expenses of the Administration, including salaries of examiners, for conducting examinations as part of the accreditation program conducted 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 direct loans and to guarantee loans, debentures, payment of rentals, or other amounts due under qualified contracts and other types of financial assistance and enter into commitments to purchase debentures and preferred securities and to guarantee sureties against loss pursuant to programs under this Act [this chapter] and the Small Business Investment Act of 1958 [chapter
14B of this title], in the full amounts provided by law subject only to (A) the availability of qualified applications, and (B) limitations contained in appropriations Acts. Nothing in this paragraph authorizes the Administration to reduce or limit its authority to enter into such commitments. Subject to approval in appropriations Acts, amounts authorized for preferred securities, debentures or participating securities under title III of the Small Business Investment Act of 1958 [subchapter
III of chapter
14B of this title] may be obligated in one fiscal year and disbursed or guaranteed in any 1 or more of the 4 subsequent fiscal years.
“(3) There are authorized to be transferred from the disaster loan revolving fund such sums as may be necessary and appropriate for administrative expenses of the Administration.
“(4) Except as may be otherwise specifically provided by law, the amount of deferred participation loans authorized in this section—
“(A) shall mean the net amount of the loan principal guaranteed by the Small Business Administration (and does not include any amount which is not guaranteed); and
“(B) shall be available for a national program, except that the Administration may use not more than an amount equal to 10 percent of the amount authorized each year for any special or pilot program directed to identified sectors of the small business community or to specific geographic regions of the United States.
“(b) There are authorized to be appropriated to the Administration for fiscal year 1991 such sums as may be necessary to carry out the provisions of this Act [this chapter] and the Small Business Investment Act of 1958 [chapter
14B of this title]. There also are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, including administrative expenses, of sections 7(b)(1) and 7(b)(2) of this Act [section
636
(b)(1), (2) of this title]; and there are authorized to be transferred from the disaster loan revolving fund such sums as may be necessary and appropriate for such administrative expenses.
“(c) Disaster Mitigation Pilot Program.—The following program levels are authorized for loans under section
7
(b)(1)(C) [section
636
(b)(1)(C) of this title]:
“(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 levels are authorized for fiscal year 2005:
“(A) For the programs authorized by this Act [this chapter], the Administration is authorized to make—
“(i) $75,000,000 in technical assistance grants, as provided in section
7
(m) [section
636
(m) of this title]; 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 authorized to make—
“(i) $16,500,000,000 in general business loans, as provided in section
7
(a) [section
636
(a) of this title];
“(ii) $6,000,000,000 in certified development company financings, as provided in section
7
(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958 [section
697a of this title];
“(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 [subchapter
III of chapter
14B of this title], 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 [part
B of subchapter IV–A of chapter
14B of this title], 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 [section
694b
(a)(3) of this title].
“(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) [section
637
(b)(1) of this title].
“(2) Additional authorizations.—
“(A) There are authorized to be appropriated to the Administration for fiscal year 2005 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section
7
(b) [section
636
(b) of this title], and to carry out the Small Business Investment Act of 1958 [chapter
14B of this title], 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 section
7
(a)(21) except by transfer from another Federal 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 Federal department or agency, by contract or otherwise, 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 levels are authorized for fiscal year 2006:
“(A) For the programs authorized by this Act [this chapter], the Administration is authorized to make—
“(i) $80,000,000 in technical assistance grants, as provided in section
7
(m) [section
636
(m) of this title]; 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 authorized to make—
“(i) $17,000,000,000 in general business loans, as provided in section
7
(a) [section
636
(a) of this title];
“(ii) $7,500,000,000 in certified development company financings, as provided in section
7
(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958 [section
697a of this title];
“(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 [subchapter
III of chapter
14B of this title], 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 [part
B of subchapter IV–A of chapter
14B of this title], 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 [section
694b
(a)(3) of this title].
“(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) [section
637
(b)(1) of this title].
“(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 administrative expenses and necessary loan capital for disaster loans pursuant to section
7
(b) [section
636
(b) of this title], and to carry out the Small Business Investment Act of 1958 [chapter
14B of this title], 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 section
7
(a)(21) except by transfer from another Federal 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 Federal department or agency, by contract or otherwise, 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) to (i) Repealed.
Pub. L. 108–447, div. K, title I, § 121(2), Dec. 8, 2004,
118 Stat. 3446.]
“(j) Fiscal Year 2004 Purchase and Guarantee Authority Under Title III of Small Business Investment Act of 1958.—For fiscal year 2004, 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—
“(1) $4,000,000,000 in purchases of participating securities; and
“(2) $3,000,000,000 in guarantees of debentures.”
Loan Application Processing
Pub. L. 106–554, § 1(a)(9) [title VIII, § 801], Dec. 21, 2000,
114 Stat. 2763, 2763A–702, provided that:
“(a) Study.—The Administrator of the Small Business Administration shall conduct a study to determine the average time that the Administration requires to process an application for each type of loan or loan guarantee made under the Small Business Act (
15 U.S.C.
631 et seq.).
“(b) Transmittal.—Not later than 1 year after the date of the enactment of this Act [Dec. 21, 2000], the Administrator shall transmit to Congress the results of the study conducted under subsection (a).”
Service Disabled Veterans
Sections 701 to 704, 707, and 709 of title VII of
Pub. L. 105–135 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 eligible 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 consideration in purchases made by the Federal Government.
“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 controlled 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 operations are controlled by eligible veterans.
“SEC.
703. REPORT BY SMALL BUSINESS ADMINISTRATION.
“(a) Study and Report.—
“(1) In general.—Not later than 9 months after the date of enactment of this Act [Dec. 2, 1997], the Administrator 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 Administration 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 concerning the need for legislation and recommendations to the Office of Management and Budget, relevant offices 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 concerns 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 specifically prohibited by law.
“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 Veterans’ Employment and Training and the Administrator, engage in efforts each fiscal year to identify small business concerns owned and controlled by eligible 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, COUNSELING, 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 Development Center program and the Service Corps of Retired Executives (SCORE) program.
“SEC.
709. OUTREACH FOR ELIGIBLE VETERANS.
“The Administrator, the Secre