Section 636(m)(11) of this title, referred to in subsec. (a), no longer defines the term “economically distressed areas”. See 1994 Amendment note for subsec. (m)(11)(D) under section 636 of this title.

The Community Economic Development Act of 1981, referred to in subsec. (b)(2)(E)(i), is subchapter A (§§ 611–633) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 489. Part 1 of subchapter A of the Act is classified generally to part A (§ 9805 et seq.) of subchapter I of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.

The Puerto Rico Oversight, Management, and Economic Stability Act, referred to in subsec. (b)(3)(A)(ii)(II), is Pub. L. 114–187, June 30, 2016, 130 Stat. 549, which is classified principally to chapter 20 (§ 2101 et seq.) of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 48 and Tables.

The text of section 632(p) of this title, which was transferred to this section and redesignated as subsec. (b) by Pub. L. 115–91, div. A, title XVII, § 1701(a)(2), Dec. 12, 2017, 131 Stat. 1795, was based on Pub. L. 85–536, § 2[3], July 18, 1958, 72 Stat. 384; Pub. L. 105–135, title VI, § 602(a), Dec. 2, 1997, 111 Stat. 2627; Pub. L. 106–554, § 1(a)(9) [title VI, §§ 602–604, 611, 612(b)–615(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–697 to 2763A–701; Pub. L. 108–447, div. K, title I, §§ 151(a), 152(a)(1), (3)–(c)(1), Dec. 8, 2004, 118 Stat. 3456, 3457; Pub. L. 109–59, title X, § 10203, Aug. 10, 2005, 119 Stat. 1933; Pub. L. 112–239, div. A, title XVI, § 1696(b)(1), Jan. 2, 2013, 126 Stat. 2090; Pub. L. 114–92, div. A, title VIII, § 866(a), Nov. 25, 2015, 129 Stat. 929; Pub. L. 114–187, title IV, § 412(a)(1), June 30, 2016, 130 Stat. 595.

In subsec. (c)(1)(A), “section 2101(1) of title 41” substituted for “section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (c)(1)(B), “section 107 of title 41” substituted for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

In subsec. (c)(4), “chapter 85 of title 41” substituted for “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

A prior section 2[31] of Pub. L. 85–536 was renumbered section 2[49] and is set out as a note under section 631 of this title.

2021—Subsec. (c)(2)(A)(ii)(I). Pub. L. 116–283 substituted “$7,000,000” for “$5,000,000”.

2017—Subsec. (a). Pub. L. 115–91, § 1701(h)(2)(A), inserted “(to be known as the HUBZone program)” after “program” and “, including promoting economic development in economically distressed areas (as defined in section 636(m)(11)) of this title,” after “assistance”.

Subsec. (b). Pub. L. 115–91, § 1701(a)(2)(A), substituted “In this section:” for “In this chapter:” in introductory provisions.

Pub. L. 115–91, § 1701(a)(2), transferred subsec. (p) of section 632 of this title and redesignated it as subsec. (b) of this section. See Codification note above. Former subsec. (b) redesignated (c).

Subsec. (b)(1). Pub. L. 115–91, § 1701(a)(2)(B), substituted “terms” for “term” and “or ‘HUBZone’ mean” for “means” in introductory provisions.

Subsec. (b)(1)(G). Pub. L. 115–91, § 1701(e)(1), added subpar. (G).

Subsec. (b)(2). Pub. L. 115–91, § 1701(a)(2)(C), redesignated par. (3) as (2) and struck out former par. (2) which defined the term “HUBZone”.

Subsec. (b)(3). Pub. L. 115–91, § 1701(a)(2)(C), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Subsec. (b)(3)(A)(i). Pub. L. 115–91, § 1701(b)(1)(A)(i), amended cl. (i) generally. Prior to amendment, text read as follows: “The term ‘qualified census tract’ has the meaning given that term in section 42(d)(5)(B)(ii) of title 26.”

Subsec. (b)(3)(A)(ii). Pub. L. 115–91, § 1701(b)(1)(A)(ii), inserted “and that is reflected in the online tool described under clause (i)” after “such section” in introductory provisions.

Subsec. (b)(3)(B). Pub. L. 115–91, § 1701(b)(1)(B)(i), inserted “that is reflected in the online tool described under subparagraph (A)(i) and” after “any county” in introductory provisions.

Subsec. (b)(3)(B)(i). Pub. L. 115–91, § 1701(b)(2)(A), substituted “section 42(d)(5)(B)(ii) of title 26” for “section 42(d)(5)(C)(ii) of title 26”.

Subsec. (b)(3)(B)(ii)(I). Pub. L. 115–91, § 1701(b)(1)(B)(ii), struck out “nonmetropolitan” before “State” and substituted “a 5-year average of the available data” for “the most recent data available”.

Subsec. (b)(3)(B)(ii)(II). Pub. L. 115–91, § 1701(b)(1)(B)(ii)(II), substituted “a 5-year average of the available data” for “the most recent data available”.

Subsec. (b)(3)(B)(ii)(III). Pub. L. 115–91, § 1701(b)(2)(B), substituted “section 42(d)(5)(B)(iii) of title 26” for “section 42(d)(5)(C)(iii) of title 26”.

Subsec. (b)(3)(C). Pub. L. 115–91, § 1701(d), amended subpar. (C) generally. Prior to amendment, text defined the term “redesignated area”.

Subsec. (b)(3)(D)(ii). Pub. L. 115–91, § 1701(c)(1), amended cl. (ii) generally. Prior to amendment, text read as follows: “A base closure area shall be treated as a HUBZone—

“(I) with respect to a census tract or nonmetropolitan county described in clause (i), for a period of not less than 8 years, beginning on the date the military installation undergoes final closure and ending on the date the Administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph (A) or (B) in accordance with the results of the decennial census conducted after the area was initially designated as a base closure area; and

“(II) if such area was treated as a HUBZone at any time after 2010, until such time as the Administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph (A) or (B), after the 2020 decennial census.”

Subsec. (b)(3)(E). Pub. L. 115–91, § 1701(c)(2), amended subpar. (E) generally. Prior to amendment, subpar. (E) consisted of cls. (i) and (ii) defining “qualified disaster area” generally and limiting the period of time a qualified disaster is treated as a HUBZone, respectively.

Subsec. (b)(3)(F). Pub. L. 115–91, § 1701(e)(2), added subpar. (F).

Subsec. (b)(4). Pub. L. 115–91, § 1701(g), amended par. (4) generally. Prior to amendment, par. (4) consisted of subpars. (A) and (B) defining qualified HUBZone small business concern and requiring the Administrator shall establish and maintain a list of qualified HUBZone small business concerns, respectively.

Pub. L. 115–91, § 1701(a)(2)(C), redesignated par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (b)(5) to (7). Pub. L. 115–91, § 1701(a)(2)(C), redesignated pars. (6) and (7) as (5) and (6), respectively.

Subsec. (c). Pub. L. 115–91, § 1701(a)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 115–91, § 1701(h)(1), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to enforcement procedures for verifying eligibility under this section and penalties for misrepresenting the status of a concern as a “HUBZone small business concern” for purposes of this section.

Pub. L. 115–91, § 1701(a)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 115–91, § 1701(h)(2)(C), added subsec. (e). Former subsec. (e) redesignated (f).

Pub. L. 115–91, § 1701(a)(1), redesignated subsec. (d) as (e).

Subsec. (f). Pub. L. 115–91, § 1701(h)(2)(B), (3), redesignated subsec. (e) as (f) and substituted “fiscal years 2020 through 2025” for “fiscal years 2004 through 2006”.

2015—Subsec. (c)(3). Pub. L. 114–92 inserted “the Administrator of the Federal Emergency Management Agency,” after “the Secretary of Labor,”.

2010—Subsec. (b)(2). Pub. L. 111–240, § 1347(c)(1), struck out introductory provisions which read as follows: “Notwithstanding any other provision of law—”.

Subsec. (b)(2)(A). Pub. L. 111–240, § 1347(c)(2)(A), inserted heading and substituted “A contracting” for “a contracting” in introductory provisions.

Subsec. (b)(2)(A)(iii). Pub. L. 111–240, § 1347(c)(2)(B), substituted period for semicolon at end.

Subsec. (b)(2)(B). Pub. L. 111–240, § 1347(c)(3), which directed amendment of subpar. (B) by inserting heading and substituting “A contract opportunity may” for “a contract opportunity shall”, and period for “; and”, was executed by inserting heading and substituting “A contract opportunity may” for “a contract opportunity may” and period for “; and”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 111–240, § 1347(b)(1). See below.

Pub. L. 111–240, § 1347(b)(1), substituted “may” for “shall”.

Subsec. (b)(2)(C). Pub. L. 111–240, § 1347(c)(4), inserted heading and substituted “Not later” for “not later”.

2004—Subsec. (b)(3)(C), (D). Pub. L. 108–447, § 153, which directed amendment of par. (3) by redesignating subpar. (C) as (D) and adding a new subpar. (C) at the end, was executed by making the redesignation as directed but by adding the new subpar. (C) after subpar. (B) to reflect the probable intent of Congress.

Subsec. (d). Pub. L. 108–447, § 154, substituted “2004 through 2006” for “2001 through 2003”.

2000—Subsec. (b)(3). Pub. L. 106–554, § 1(a)(9) [title VI, § 612(a)], designated existing provisions as subpar. (A), inserted heading, substituted “Subject to subparagraph (B), in any” for “In any”, and added subpars. (B) and (C).

Subsec. (d). Pub. L. 106–554, § 1(a)(9) [title V, § 503(b)], added subsec. (d).

Pub. L. 115–91, div. A, title XVII, § 1701(j), Dec. 12, 2017, 131 Stat. 1803, provided that: “The provisions of this section shall take effect—

Section effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as an Effective Date of 1997 Amendment note under section 631 of this title.

Pub. L. 105–135, title VI, § 602(b)(2), Dec. 2, 1997, 111 Stat. 2631, as amended by Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 212], Nov. 29, 1999, 113 Stat. 1536, 1501A–295, limited the applicability of 15 U.S.C. 657a to certain procurements beginning on Dec. 2, 1997, and ending on Sept. 30, 2000.

Pub. L. 115–91, div. A, title XVII, § 1701(i), Dec. 12, 2017, 131 Stat. 1803, provided that: “A HUBZone small business concern that was qualified pursuant to section 3(p)(5) of the Small Business Act [formerly 15 U.S.C. 632(p)(5), now 15 U.S.C. 657a(b)(4)] on or before December 31, 2019, shall continue to be considered as a qualified HUBZone small business concern during the period beginning on January 1, 2020, and ending on the date that the Administrator of the Small Business Administration prepares the online tool depicting qualified areas described under section 31(d)(7) [15 U.S.C. 657a(d)(7)] (as added by subsection (h) of this section).”

Pub. L. 105–135, title VI, § 606, Dec. 2, 1997, 111 Stat. 2635, required the Administrator to submit to Congress, by Mar. 1, 2002, a report on the HUBZone program and the degree to which the program resulted in increased employment opportunities and an increased level of investment in HUBZones.