The Small Business Investment Act of 1958, referred to in subsec. (a)(5), is Pub. L. 85–699,
The Agricultural Marketing Act (12 U.S.C. 1141j), referred to in subsec. (j), is act June 15, 1929, ch. 24, 46 Stat. 11, which is classified generally to chapter 7A (§ 1141 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1141j(e) of Title 12 and Tables.
The Fishery Resource Disasters Improvement Act, referred to in subsec. (k)(1), is title II of Pub. L. 117–328, div. S,
The Federal Credit Reform Act of 1990, referred to in subsec. (q)(5)(C), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, § 13201(a),
In subsec. (m), “section 134 of title 41” substituted for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” on authority of Pub. L. 111–350, § 6(c),
In subsec. (v)(1), “sections 4101, 4103, 4105, and 4106 of title 41” substituted for “sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k)” on authority of Pub. L. 111–350, § 6(c),
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Pub. L. 99–591 is a corrected version of Pub. L. 99–500.
Prior similar provisions were contained in section 203 of act July 30, 1953, ch. 282, title II, 67 Stat. 233, which was previously classified to this section. See Codification note set out under section 631 of this title.
2022—Subsec. (k)(1). Pub. L. 117–328 substituted “(as determined by the Secretary of Commerce under the Fishery Resource Disasters Improvement Act)” for “(as determined by the Secretary of Commerce under section 4107(b) of title 16)”.
2021—Subsec. (a)(2)(A). Pub. L. 116–283, § 863(a)(1), inserted “and subject to the requirements specified under subparagraph (C)” after “paragraph (1)”.
Subsec. (a)(2)(C). Pub. L. 116–283, § 863(a)(2)(A), inserted “(including the Administration when acting pursuant to subparagraph (A))” after “no Federal department or agency” in introductory provisions.
Subsec. (a)(2)(C)(ii)(I). Pub. L. 116–283, § 863(a)(2)(B), substituted “24 months” for “12 months”.
Subsec. (q)(2)(C)(i)(III). Pub. L. 116–283, § 862(b)(3)(A), substituted “section 657f of this title” for “section 8127(f) of title 38”.
Subsec. (ff). Pub. L. 116–283, § 866(a)(1), added subsec. (ff).
2019—Subsec. (q)(2)(C)(i)(II). Pub. L. 116–92, § 876(1), struck out “rated as 100 percent disabling under the laws administered by the Secretary of Veterans Affairs or such veteran died as a result of a service-connected disability” before the semicolon.
Subsec. (q)(2)(C)(ii)(III). Pub. L. 116–92, § 876(2), amended subcl. (III) generally. Prior to amendment, subcl. (III) read as follows: “immediately prior to the death of such veteran, and during the period described in clause (ii), the small business concern is included in the database described in section 8127(f) of title 38.”
2018—Subsec. (a)(2)(C)(ii)(II). Pub. L. 115–324 substituted “5 years” for “3 years”.
Subsec. (c)(2)(A)(ii). Pub. L. 115–232, § 862(h), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “which provides that each participant in the plan is entitled to direct the plan as to the manner in which voting rights under qualifying employer securities (as defined in section 4975(e)(8) of title 26) which are allocated to the account of such participant are to be exercised with respect to a corporate matter which (by law or charter) must be decided by a majority vote of outstanding common shares voted; and”.
Subsec. (h). Pub. L. 115–189, § 4(a)(1), added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: “For purposes of this chapter the term ‘credit elsewhere’ means the availability of credit from non-Federal sources on reasonable terms and conditions taking into consideration the prevailing rates and terms in the community in or near where the concern transacts business, or the homeowner resides, for similar purposes and periods of time.”
Subsec. (r)(2). Pub. L. 115–189, § 3(e), substituted “regulated lender” for “regulated SBA lender” in heading and text.
Subsec. (ee). Pub. L. 115–232, § 861(a), added subsec. (ee).
2017—Subsec. (m). Pub. L. 115–91, § 1702(b), amended subsec. (m) generally. Prior to amendment, text defined the term “simplified acquisition threshold”.
Subsec. (p). Pub. L. 115–91, § 1701(a)(2), (3), added subsec. (p) and redesignated and transferred former subsec. (p) of this section to subsec. (b) of section 657a of this title.
2016—Subsec. (a)(1). Pub. L. 114–328, § 1831(b), substituted “operation” for “operation: Provided, That notwithstanding any other provision of law, an agricultural enterprise shall be deemed to be a small business concern if it (including its affiliates) has annual receipts not in excess of $750,000”.
Subsec. (a)(9)(E). Pub. L. 114–328, § 1833(b), added subpar. (E).
Subsec. (p)(4)(A). Pub. L. 114–187 amended subpar. (A) generally. Prior to amendment, text read as follows: “The term ‘qualified census tract’ has the meaning given that term in section 42(d)(5)(C)(ii) of title 26.”
Subsec. (q)(2). Pub. L. 114–328, § 1832(a)(1), amended par. (2) generally. Text read as follows: “The term ‘small business concern owned and controlled by service-disabled veterans’ means a small business concern—
“(A) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
“(B) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.”
Subsec. (q)(6), (7). Pub. L. 114–328, § 1832(a)(2), added pars. (6) and (7).
2015—Subsec. (a)(9). Pub. L. 114–92, § 869(b), added par. (9).
Subsec. (p)(1)(F). Pub. L. 114–92, § 866(a)(1), added subpar. (F).
Subsec. (p)(3)(D) to (F). Pub. L. 114–92, § 866(a)(2), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (p)(4)(D). Pub. L. 114–92, § 866(a)(3)(A), amended subpar. (D) generally, substituting new definition of “base closure area” for prior definition which consisted of provisions similar to those in new cl. (i)(I).
Subsec. (p)(4)(E). Pub. L. 114–92, § 866(a)(3)(B), added subpar. (E).
Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 114–92, § 866(a)(4)(A), substituted “subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (3)” for “subparagraph (A), (B), (C), (D), or (E) of paragraph (3)” and struck out “or” at end.
Subsec. (p)(5)(A)(i)(I)(bb), (cc). Pub. L. 114–92, § 866(a)(4)(B), (C), added item (bb) and redesignated former item (bb) as (cc).
2013—Pub. L. 112–239, § 1661(1), inserted section catchline.
Subsec. (a). Pub. L. 112–239, § 1661(2)(A), inserted heading.
Subsec. (a)(1), (3). Pub. L. 112–239, § 1661(2)(B), (C), inserted heading.
Subsec. (a)(5). Pub. L. 112–239, § 1661(2)(D), realigned margins.
Subsec. (a)(6) to (8). Pub. L. 112–239, § 1661(2)(E), added pars. (6) to (8).
Subsec. (p)(5)(A)(i)(III). Pub. L. 112–239, § 1696(b)(1)(A), added subcl. (III) and struck out former subcl. (III) which read as follows: “with respect to any subcontract entered into by the small business concern pursuant to a contract awarded to the small business concern under section 657a of this title, the small business concern will ensure that—
“(aa) in the case of a contract for services (except construction), not less than 50 percent of the cost of contract performance incurred for personnel will be expended for its employees or for employees of other HUBZone small business concerns;
“(bb) in the case of a contract for procurement of supplies (other than procurement from a regular dealer in such supplies), not less than 50 percent of the cost of manufacturing the supplies (not including the cost of materials) will be incurred in connection with the performance of the contract in a HUBZone by 1 or more HUBZone small business concerns; and
“(cc) in the case of a contract for the procurement by the Secretary of Agriculture of agricultural commodities, none of the commodity being procured will be obtained by the prime contractor through a subcontract for the purchase of the commodity in substantially the final form in which it is to be supplied to the Government; and”.
Subsec. (p)(5)(B) to (D). Pub. L. 112–239, § 1696(b)(1)(B), (C), redesignated subpar. (D) as (B) and struck out former subpars. (B) and (C) which read as follows:
“(B) Change in percentages
“The Administrator may utilize a percentage other than the percentage specified in item (aa) or (bb) of subparagraph (A)(i)(III), if the Administrator determines that such action is necessary to reflect conventional industry practices among small business concerns that are below the numerical size standard for businesses in that industry category.
“(C) Construction and other contracts
“The Administrator shall promulgate final regulations imposing requirements that are similar to those specified in items (aa) and (bb) of subparagraph (A)(i)(III) on contracts for general and specialty construction, and on contracts for any other industry category that would not otherwise be subject to those requirements. The percentage applicable to any such requirement shall be determined in accordance with subparagraph (B).”
Subsec. (dd). Pub. L. 113–66 added subsec. (dd).
2011—Subsecs. (aa) to (cc). Pub. L. 112–81 added subsecs. (aa) to (cc).
2010—Subsec. (a)(5). Pub. L. 111–240, § 1116, added par. (5).
Subsecs. (t), (u). Pub. L. 111–240, § 1202(b)(1), added subsecs. (t) and (u).
Subsec. (v). Pub. L. 111–240, § 1311, added subsec. (v).
Subsec. (w). Pub. L. 111–240, § 1341, added subsec. (w).
Subsec. (x). Pub. L. 111–240, § 1342, added subsec. (x).
Subsec. (y). Pub. L. 111–240, § 1343(b), added subsec. (y).
Subsec. (z). Pub. L. 111–240, § 1501, added subsec. (z).
2008—Subsec. (k)(2)(C). Pub. L. 110–246, § 12071, added subpar. (C).
Subsec. (q)(5). Pub. L. 110–186 added par. (5).
Subsec. (s). Pub. L. 110–246, § 12063(c)(1), added subsec. (s).
2006—Subsec. (a)(4). Pub. L. 109–163, § 844, added par. (4).
Subsec. (k). Pub. L. 109–163, § 845(a)(1), designated existing provisions as par. (1) and added par. (2).
2005—Subsec. (p)(4)(B)(ii)(III). Pub. L. 109–59 added subcl. (III).
2004—Subsec. (b). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Subsec. (j). Pub. L. 108–447, § 151(b), struck out “of section 636(b)(2)” after “For the purposes”.
Subsec. (p)(1)(E). Pub. L. 108–447, § 152(a)(1), added subpar. (E).
Subsec. (p)(3)(A). Pub. L. 108–447, § 151(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a small business concern that is owned and controlled by one or more persons, each of whom is a United States citizen;”.
Subsec. (p)(3)(E). Pub. L. 108–447, § 151(a)(1)(B)–(D), added subpar. (E).
Subsec. (p)(4)(B)(ii)(II). Pub. L. 108–447, § 152(b), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: “the unemployment rate is not less than 140 percent of the Statewide average unemployment rate for the State in which the county is located, based on the most recent data available from the Secretary of Labor.”
Subsec. (p)(4)(C). Pub. L. 108–447, § 152(c)(1), substituted “only until the later of—
“(i) the date on which the Census Bureau publicly releases the first results from the 2010 decennial census; or
“(ii) 3 years after”
for “only for the 3-year period following”.
Subsec. (p)(4)(D). Pub. L. 108–447, § 152(a)(3), added subpar. (D).
Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 108–447, § 151(a)(2), substituted “(C), (D), or (E)” for “or (D)”.
Subsec. (r). Pub. L. 108–447, § 162, added subsec. (r).
2000—Subsec. (a)(1). Pub. L. 106–554, § 1(a)(9) [title VIII, § 806(b)], substituted “$750,000” for “$500,000”.
Subsec. (p)(1)(D). Pub. L. 106–554, § 1(a)(9) [title VI, § 613(1)], added subpar. (D).
Subsec. (p)(3). Pub. L. 106–554, § 1(a)(9) [title VI, § 602], amended heading and text of par. (3) generally, substituting present provisions for provisions which had defined “HUBZone small business concern” as a small business concern that is owned and controlled by 1 or more persons, each of whom is a United States citizen, and the principal office of which is located in a HUBZone.
Subsec. (p)(3)(D). Pub. L. 106–554, § 1(a)(9) [title VI, § 614(1)], added subpar. (D).
Subsec. (p)(4)(A). Pub. L. 106–554, § 1(a)(9) [title VI, § 611(a)], substituted “section 42(d)(5)(C)(ii)” for “section 42(d)(5)(C)(ii)(I)”.
Subsec. (p)(4)(B). Pub. L. 106–554, § 1(a)(9) [title VI, § 611(b)], added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The term ‘qualified nonmetropolitan county’ means any county—
“(i) that, based on the most recent data available from the Bureau of the Census of the Department of Commerce—
“(I) is not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of title 26); and
“(II) in which the median household income is less than 80 percent of the nonmetropolitan State median household income; or
“(ii) that, based on the most recent data available from the Secretary of Labor, has an unemployment rate that is not less than 140 percent of the statewide average unemployment rate for the State in which the county is located.”
Subsec. (p)(4)(C). Pub. L. 106–554, § 1(a)(9) [title VI, § 613(2)], added subpar. (C).
Subsec. (p)(5)(A)(i)(I). Pub. L. 106–554, § 1(a)(9) [title VI, § 603(a)], added subcl. (I) and struck out former subcl. (I) which read as follows: “it is a HUBZone small business concern;”.
Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 106–554, § 1(a)(9) [title VI, § 614(2)], substituted “subparagraph (A), (B), or (D)” for “subparagraph (A) or (B)”.
Subsec. (p)(5)(A)(i)(II). Pub. L. 106–554, § 1(a)(9) [title VI, § 603(a)], added subcl. (II) and struck out former subcl. (II) which read as follows: “not less than 35 percent of the employees of the small business concern reside in a HUBZone, and the small business concern will attempt to maintain this employment percentage during the performance of any contract awarded to the small business concern on the basis of a preference provided under section 657a(b) of this title; and”.
Subsec. (p)(5)(A)(i)(III)(cc). Pub. L. 106–554, § 1(a)(9) [title VI, § 612(b)(1)], added item (cc).
Subsec. (p)(5)(C). Pub. L. 106–554, § 1(a)(9) [title VI, § 615(a)], which directed amendment of subpar. (C) by substituting “items (aa) and (bb) of subparagraph (A)(i)(III)” for “subclause (IV) and (V) of subparagraph (A)(i)”, was executed by making the substitution for “subclauses (IV) and (V) of subparagraph (A)(i)”, to reflect the probable intent of Congress.
Subsec. (p)(5)(D)(i). Pub. L. 106–554, § 1(a)(9) [title VI, § 603(b)], inserted “once the Administrator has made the certification required by subparagraph (A)(i) regarding a qualified HUBZone small business concern and has determined that subparagraph (A)(ii) does not apply to that concern,” before “include”.
Subsec. (p)(6). Pub. L. 106–554, § 1(a)(9) [title VI, § 604], added par. (6).
Subsec. (p)(7). Pub. L. 106–554, § 1(a)(9) [title VI, § 612(b)(2)], added par. (7).
1999—Subsec. (f). Pub. L. 106–50, § 401(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “For purposes of section 636 of this title, the term ‘handicapped individual’ means a person who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable.”
Subsec. (q). Pub. L. 106–50, § 103(a), added subsec. (q).
1997—Subsec. (o). Pub. L. 105–135, § 412, added subsec. (o).
Subsec. (p). Pub. L. 105–135, § 602(a), added subsec. (p).
1996—Subsec. (k). Pub. L. 104–208 inserted “commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under section 4107(b) of title 16),” after “tidal waves,”.
1994—Subsec. (a)(2). Pub. L. 103–403 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In addition to the criteria specified in paragraph (1), the Administrator may specify detailed definitions or standards (by number of employees or dollar volume of business) by which a business concern is to be recognized as a small business concern for the purposes of this chapter or any other Act. Unless specifically authorized by statute, the Secretary of a department or the head of a Federal agency may not prescribe for the use of such department or agency a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
“(A) is being proposed after an opportunity for public notice and comment;
“(B) provides for determining, over a period of not less than 3 years—
“(i) the size of a manufacturing concern on the basis of the number of its employees during that period; and
“(ii) the size of a concern providing services on basis of the average gross receipts of the concern during that period; and
“(C) is approved by the Administrator.”
Subsec. (m). Pub. L. 103–355, § 4404(a), substituted “ ‘simplified acquisition threshold’ ” for “ ‘small purchase threshold’ ”.
Subsec. (n). Pub. L. 103–355, § 7106(d), added subsec. (n).
1992—Subsec. (a). Pub. L. 102–366 added pars. (2) and (3) and struck out at end of par. (1) “In addition to the foregoing criteria the Administrator, in making a detailed definition, may use these criteria, among others: Number of employees and dollar volume of business: Provided, That the Administration shall not promulgate, amend, or rescind any rule [or] regulation with respect to size standards prior to
1990—Subsec. (m). Pub. L. 101–510 added subsec. (m).
1988—Subsec. (a). Pub. L. 100–656 struck out pars. (2) to (5) which established a program for review of size standards for eligibility of business concerns in certain industry categories for a procurement restricted to small business concerns under section 637(a) or 644(a) of this title and provided for adjustment of those standards and periodic review of the program.
Pub. L. 100–456 inserted provisions in par. (4)(C) respecting applicability of regulations to contracts entered into on or after
Subsecs. (j) to (l). Pub. L. 100–590 added subsec. (k) and redesignated subsec. (j), defining “computer crime”, as (l).
1987—Subsec. (a)(3). Pub. L. 100–26, § 10(b)(2)(A), substituted “dollar value of the contracts to be awarded in that industry category” for “value of contracts to be awarded under such sections”.
Subsec. (a)(4)(A)(i). Pub. L. 100–26, § 10(b)(2)(B), substituted “paragraph (3)” for “paragraph (3)(A)”.
Subsec. (a)(5). Pub. L. 100–26, § 10(b)(2)(C), substituted “shall be made not later than 180 days after the end of each such” for “made with the expiration of 180 days after each”.
1986—Subsec. (a). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (a) identically designating existing provision as par. (1) and adding pars. (2) to (5).
Pub. L. 99–272 inserted proviso that notwithstanding any other provision of law, an agricultural enterprise shall be deemed to be a small business concern if it, including its affiliates, has annual receipts not in excess of $500,000.
Subsec. (c)(2)(A), (3)(B)(i), (iv). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1984—Subsec. (j). Pub. L. 98–473 in subsec. (j) added by Pub. L. 98–270 substituted “as a business concern and shall not include the income or employees of any member shareholder of such cooperative” for “as an entity and shall not include the income or employees of any member shareholder of such cooperative: Provided, That such an association shall not be deemed to be a small agricultural cooperative unless each member of the board of directors of the association, or each member of the governing body of the association if it is not incorporated, also individually qualifies as a small business concern”.
Pub. L. 98–362 added subsec. (j) defining “computer crime”.
Pub. L. 98–270 added subsec. (j) defining “small agricultural cooperative”.
1981—Subsecs. (d) to (i). Pub. L. 97–35 added subsecs. (d) to (i).
1980—Subsec. (a). Pub. L. 96–481, in the additional criteria inserted proviso that the Administration shall not promulgate, amend, or rescind any rule or regulation with respect to size standards prior to
Subsec. (c). Pub. L. 96–302 added subsec. (c).
1978—Pub. L. 95–507 designated existing provisions as subsec. (a) and added subsec. (b).
1976—Pub. L. 94–305 inserted reference to enterprises that are engaged in business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries.
Pub. L. 116–283, div. A, title VIII, § 862(b)(3),
Pub. L. 116–283, div. A, title VIII, § 863(b),
Pub. L. 116–92, div. A, title VIII, § 876,
Amendment by section 1701 of Pub. L. 115–91 effective
Pub. L. 114–328, div. A, title XVIII, § 1832(e),
Pub. L. 114–92, div. A, title VIII, § 866(b),
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by Pub. L. 105–135 effective
Pub. L. 104–208, div. D, title I, § 104(b)(2),
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.
Pub. L. 100–26, § 12(c),
Section 101(c) [title X, § 921(g), (h)] of Pub. L. 99–500 and Pub. L. 99–591, and section 921(g), (h) of title IX, formerly title IV, of Pub. L. 99–661; renumbered title IX and amended by Pub. L. 100–26, §§ 3(5), 10(a)(2),
Pub. L. 98–270, title III, § 312,
Pub. L. 98–270, title III, § 313,
Amendment by Pub. L. 98–362 effective
Amendment by Pub. L. 97–35 effective
Amendment by Pub. L. 96–302 effective
Pub. L. 114–328, div. A, title XVIII, § 1835,
Pub. L. 114–187, title IV, § 412(a)(2),
Pub. L. 112–239, div. A, title XVI, § 1696(c),
Pub. L. 109–163, div. A, title VIII, § 845(d),
Pub. L. 105–135, title VI, § 605,
Pub. L. 102–366, title II, § 222(b),
Pub. L. 113–66, div. A, title XVI, § 1614(c),
Pub. L. 112–239, div. A, title XVI, § 1681(c),
Pub. L. 111–240, title I, § 1136,
Pub. L. 114–328, div. A, title XVIII, § 1831(c),
Pub. L. 111–240, title I, § 1344,
[For definitions of “Administrator” and “small business concern” as used in section 1344 of Pub. L. 111–240, set out above, see section 1001 of Pub. L. 111–240, set out under this section.]
Pub. L. 112–239, div. A, title XVI, § 1698,
Pub. L. 108–447, div. K, title I, § 152(a)(2),
The last sentence of section 732 of Pub. L. 100–656 which provided that any numerical size standard that pertained to any of the designated industry groups, and that was in effect on
Section 101(c) [title X, § 921(i)] of Pub. L. 99–500 and Pub. L. 99–591, and section 921(i) of title IX, formerly title IV, of Pub. L. 99–661; renumbered title IX, Pub. L. 100–26, § 3(5),
Pub. L. 111–240, title I, § 1001,