15 USC 9501 - Definitions

U.S Code last checked for updates: May 05, 2024

§ 9501.

Definitions

In this chapter:

(1)

Agency

(2)

Community-based organization

(3)

Eligible entity

Except as otherwise expressly provided, the term “eligible entity”—

(A)

means—

(i)

a private sector entity;

(ii)

a public sector entity; or

(iii)

a Native entity; and

(B)

includes an institution of higher education.

(4)

Federal agency

(5)

Federally recognized area of economic distress

The term “federally recognized area of economic distress” means—

(A)

a HUBZone, as that term is defined in section 657a(b) of this title;

(B)

an area that—

(i)

has been designated as—

(I)

an empowerment zone under section 1391 of title 26; or

(II)

a Promise Zone by the Secretary of Housing and Urban Development; or

(ii)

is a low or moderate income area, as determined by the Department of Housing and Urban Development;

(C)

a qualified opportunity zone, as that term is defined in section 1400Z–1 of title 26; or

(D)

any other political subdivision or unincorporated area of a State determined by the Under Secretary to be an area of economic distress.

(6)

Institution of higher education

(7)

MBDA Business Center

The term “MBDA Business Center” means a business center that—

(A)

is established by the Agency; and

(B)

provides technical business assistance to minority business enterprises consistent with the requirements of this chapter.

(8)

MBDA Business Center agreement

The term “MBDA Business Center agreement” means a legal instrument—

(A)

reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and

(B)

that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center.

(9)

Minority business enterprise

(A)

In general

The term “minority business enterprise” means a business enterprise—

(i)

that is not less than 51 percent-owned by 1 or more socially or economically disadvantaged individuals; and

(ii)

the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.

(B)

Rule of construction

Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a “minority business enterprise” under that subparagraph because of—

(i)

the status of the business enterprise as a for-profit or not-for-profit enterprise; or

(ii)

the annual revenue of the business enterprise.

(10)

Native entity

The term “Native entity” means—

(A)

a Tribal Government;

(B)

an Alaska Native village or Regional or Village Corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(C)

a Native Hawaiian organization, as that term is defined in section 7517 of title 20;

(D)

the Department of Hawaiian Home Lands; and

(E)

the Office of Hawaiian Affairs.

(11)

Private sector entity

The term “private sector entity”—

(A)

means an entity that is not a public sector entity; and

(B)

does not include—

(i)

the Federal Government;

(ii)

any Federal agency; or

(iii)

any instrumentality of the Federal Government.

(12)

Public sector entity

The term “public sector entity” means—

(A)

a State;

(B)

an agency of a State;

(C)

a political subdivision of a State;

(D)

an agency of a political subdivision of a State; or

(E)

a Native entity.

(13)

Secretary

(14)

Socially or economically disadvantaged business concern

The term “socially or economically disadvantaged business concern” means a for-profit business enterprise—

(A)

(i)

that is not less than 51 percent owned by 1 or more socially or economically disadvantaged individuals; or

(ii)

that is socially or economically disadvantaged; or

(B)

the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.

(15)

Socially or economically disadvantaged individual

(A)

In general

(B)

Presumption

In carrying out this chapter, the Under Secretary shall presume that the term “socially or economically disadvantaged individual” includes any individual who is—

(i)

Black or African American;

(ii)

Hispanic or Latino;

(iii)

American Indian or Alaska Native;

(iv)

Asian;

(v)

Native Hawaiian or other Pacific Islander; or

(vi)

a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance.

(16)

Specialty center

The term “specialty center” means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to—

(A)

capital access;

(B)

Federal procurement;

(C)

entrepreneurship;

(D)

technology transfer; or

(E)

any other area determined necessary or appropriate based on the priorities of the Agency.

(17)

State

The term “State” means—

(A)

each of the States of the United States;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico;

(D)

the United States Virgin Islands;

(E)

Guam;

(F)

American Samoa;

(G)

the Commonwealth of the Northern Mariana Islands; and

(H)

each Tribal Government.

(18)

Tribal Government

(19)

Under Secretary

(Pub. L. 117–58, div. K, § 100002, Nov. 15, 2021, 135 Stat. 1445.)

cite as: 15 USC 9501