r/title-15-COMMERCE-AND-TRADE wiki — defined terms

“eligible individual” applies in that section

the term “eligible individual” means an individual who is eligible for disaster assistance under subsection (b)(1) relating to a major disaster relating to which the Administrator declares eligibility for additional disaster assistance under subsection (b)(9);

“eligible intermediary” applies in that section

the term “eligible intermediary”— (i) means a private, nonprofit entity that— (I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; and (II) has not less than 1 year of experience making loans to startup, newly established, or growing small business concerns; and (ii) includes— (I) a private, nonprofit community development corporation; (II) a consortium of private, nonprofit organizations or nonprofit community development corporations; and (III) an agency of or nonprofit entity established by a Native American Tribal Government; and;

“eligible recipient” applies in that section

the term “eligible recipient” means an individual or entity that is eligible to receive a covered loan;

“eligible reservist” applies in that section

The term “eligible reservist” means a member of a reserve component of the Armed Forces ordered to perform active service for a period of more than 30 consecutive days. (C) Essential employee

“eligible self-employed individual” applies in that section

the term “eligible self-employed individual” has the meaning given the term in section 7002(b) of the Families First Coronavirus Response Act ( Public Law 116–127 );

“eligible small business concern” applies in that section

the term “eligible small business concern” means a small business concern— (I) that has suffered disaster-related substantial economic injury as a result of the applicable major disaster; and (II) (aa) for which not less than 25 percent of the market share of that small business concern is from business transacted in the disaster area; (bb) for which not less than 25 percent of an input into a production process of that small business concern is from the disaster area; or (cc) that relies on a provider located in the disaster area for a service that is not readily available elsewhere.

“employee” applies in that section

the term “employee” includes individuals employed on a full-time, part-time, or other basis. (vi) Affiliation .— The provisions applicable to affiliations under section 121.103 of title 13, Code of Federal Regulations, or any successor thereto, shall apply with respect to a nonprofit organization, a business concern or organization made eligible for a loan under this paragraph under clause (vii), a housing cooperative, and a veterans organization in the same manner as with respect to a small business concern.

“energy efficiency project” applies in that section

the term “energy efficiency project” means the installation or upgrading of equipment that results in a significant reduction in energy usage; and;

“essential employee” applies in that section

the term “essential employee” means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day-to-day operations of that small business concern; and;

“exchange” applies in that section

the terms “exchange”, “issuer”, and “security” have the meanings given those terms in section 78c(a) of this title ; and;

“export development activity” applies in that section

the term “export development activity” includes— (I) obtaining a standby letter of credit when required as a bid bond, performance bond, or advance payment guarantee; (II) participation in a trade show that takes place outside the United States; (III) translation of product brochures or catalogues for use in markets outside the United States; (IV) obtaining a general line of credit for export purposes; (V) performing a service contract from buyers located outside the United States; (VI) obtaining transaction-specific financing associated with completing export orders; (VII) purchasing real estate or equipment to be used in the production of goods or services for export; (VIII) providing …

“express lender” applies in that section

The term “express lender” means any lender authorized by the Administration to participate in the Express Loan Program.;

“express loan” applies in that section

The term “express loan” means any loan made pursuant to this paragraph in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation.;

“Express Loan Program” applies in that section

The term “Express Loan Program” means the program for express loans established by the Administration under paragraph (25)(B), as in existence on April 5, 2004 , with a guarantee rate of not more than 50 percent. (B) Restriction to express lender .— The authority to make an express loan shall be limited to those lenders deemed qualified to make such loans by the Administration. Designation as an express lender for purposes of making an express loan shall not prohibit such lender from taking any other action authorized by the Administration for that lender pursuant to this subsection.

“Federal banking regulator appraisal threshold” applies in that section

the term “Federal banking regulator appraisal threshold” means the lesser of the threshold amounts set by the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation for when a federally related transaction that is a commercial real estate transaction requires an appraisal prepared by a State licensed or certified appraiser.

“graduated” applies in that section

the term “graduated” or “graduation” means that the Program Participant is recognized as successfully completing the program by substantially achieving the targets, objectives, and goals contained in the concern’s business plan thereby demonstrating its ability to compete in the marketplace without assistance under this section or section 637(a) of this title .

“graduation” applies in that section

the term “graduated” or “graduation” means that the Program Participant is recognized as successfully completing the program by substantially achieving the targets, objectives, and goals contained in the concern’s business plan thereby demonstrating its ability to compete in the marketplace without assistance under this section or section 637(a) of this title .

“handicapped individual” applies in that section

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.

“housing cooperative” applies in that section

the term “housing cooperative” means a cooperative housing corporation (as defined in section 216(b) of title 26 ) that employs not more than 300 employees;

“impacted borrower” applies in that section

the term “impacted borrower” means an eligible recipient that— (aa) is in operation on February 15, 2020 ; and (bb) has an application for a covered loan that is approved or pending approval on or after March 27, 2020 . (II) Presumption .— For purposes of this subparagraph, an impacted borrower is presumed to have been adversely impacted by COVID–19.

“included business concern” applies in that section

the term “included business concern” means a business concern, including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 ( 47 U.S.C.

“insured credit union” applies in that section

the term “insured credit union” has the meaning given the term in section 1752 of title 12 ;

“insured depository institution” applies in that section

the terms “appropriate Federal banking agency” and “insured depository institution” have the meanings given those terms in section 1813 of title 12 ;

“intermediary” applies in that section

the term “intermediary” means— (i) a private, nonprofit entity; (ii) a private, nonprofit community development corporation; (iii) a consortium of private, nonprofit organizations or nonprofit community development corporations; (iv) a quasi-governmental economic development entity (such as a planning and development district), other than a State, county, municipal government, or any agency thereof, if— (I) no application is received from an eligible nonprofit organization; or (II) the Administration determines that the needs of a region or geographic area are not adequately served by an existing, eligible nonprofit organization that has submitted an application; or (v) an agency of or …

“issuer” applies in that section

the terms “exchange”, “issuer”, and “security” have the meanings given those terms in section 78c(a) of this title ; and;

“microloan” applies in that section

the term “microloan” means a short-term, fixed rate loan of not more than $50,000, made by an intermediary to a startup, newly established, or growing small business concern;

“nonprofit organization” applies in that section

the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and that is exempt from taxation under section 501(a) of title 26 ;

“payroll costs” applies in that section

the term “payroll costs”— (I) means— (aa) the sum of payments of any compensation with respect to employees that is a— (AA) salary, wage, commission, or similar compensation; (BB) payment of cash tip or equivalent; (CC) payment for vacation, parental, family, medical, or sick leave; (DD) allowance for dismissal or separation; (EE) payment required for the provisions of group health care or group life, disability, vision, or dental insurance benefits, including insurance premiums; (FF) payment of any retirement benefit; or (GG) payment of State or local tax assessed on the compensation of employees; and (bb) the sum of payments of any compensation to or income of a sole proprietor or …

“pilot program” applies in that section

the term “pilot program” means the pilot program established under subparagraph (B) 4 (B) Establishment .— The Administrator shall establish and carry out a pilot program under which the Administrator shall reduce the fees for covered energy efficiency loans. (C) Duration .— The pilot program shall terminate at the end of the second full fiscal year after the date that the Administrator establishes the pilot program. (D) Maximum participation .— A covered energy efficiency loan shall include the maximum participation levels by the Administrator permitted for loans made under this subsection.

“preferred lender” applies in that section

the term “preferred lender” means a lender participating in the Preferred Lender Program;

“Preferred Lender Program” applies in that section

the term “Preferred Lender Program” has the meaning given that term in subsection (a)(2)(C)(ii); and;

“Preferred Lenders Program” applies throughout its chapter

the term “Preferred Lenders Program” means any program established by the Administrator, as authorized under the proviso in section 634(b)(7) of this title , under which a written agreement between the lender and the Administration delegates to the lender— (I) complete authority to make and close loans with a guarantee from the Administration without obtaining the prior specific approval of the Administration; and (II) complete authority to service and liquidate such loans without obtaining the prior specific approval of the Administration for routine servicing and liquidation activities, but shall not take any actions creating an actual or apparent conflict of interest.

“Program” applies in that section

the term “Program” means the small business intermediary lending pilot program established under paragraph (2). (2) Establishment There is established a 3-year small business intermediary lending pilot program, under which the Administrator may make direct loans to eligible intermediaries, for the purpose of making loans to startup, newly established, and growing small business concerns.

“qualified borrower” applies in that section

The term “qualified borrower” means— (i) an individual who is an eligible reservist and who received a direct loan under subsection (a) or (b) before being ordered to active service; or (ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reservist, who is an essential employee, was ordered to active service. (2) Deferral of direct loans (A) In general The Administration shall, upon written request, defer repayment of principal and interest due on a direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower.

“qualified private lender” applies in that section

the term “qualified private lender” means any privately-owned bank or other lending institution that— (i) is not a preferred lender; and (ii) the Administrator determines meets the criteria established under paragraph (10). (2) Program required The Administrator shall carry out a program, to be known as the Private Disaster Assistance program, under which the Administration may guarantee timely payment of principal and interest, as scheduled, on any loan made to an eligible small business concern located in a disaster area and to an eligible individual. (3) Use of loans A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (b).

“renewable energy system” applies in that section

the term “renewable energy system” means a system of energy derived from— (aa) a wind, solar, biomass (including biodiesel), or geothermal source; or (bb) hydrogen derived from biomass or water using an energy source described in item (aa). (ii) Loans .— The Administrator may make a loan under the Express Loan Program for the purpose of— (I) purchasing a renewable energy system; or (II) carrying out an energy efficiency project for a small business concern.

“rural area” applies in that section

the term “rural area” means any county or other political subdivision of a State, the District of Columbia, or a territory or possession of the United States that is designated as a rural area by the Bureau of the Census; and;

“seasonal employer” applies in that section

the term “seasonal employer” means an eligible recipient that— (I) does not operate for more than 7 months in any calendar year; or (II) during the preceding calendar year, had gross receipts for any 6 months of that year that were not more than 33.33 percent of the gross receipts of the employer for the other 6 months of that year;

“security” applies in that section

the terms “exchange”, “issuer”, and “security” have the meanings given those terms in section 78c(a) of this title ; and;

“significant damage” applies in that section

the term “significant damage” means, with respect to property, uninsured losses of not less than 40 percent of the estimated fair replacement value or pre-disaster fair market value of the damaged property, whichever is lower. (B) Disaster declaration .— For the purpose of making loans under paragraph (1) or (2), the Administrator may declare a disaster in a rural area for which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) and for which individual assistance was not authorized under section 408 of such Act ( 42 U.S.C.

“substantial economic injury” applies in that section

the term “substantial economic injury” means an economic harm to a business concern that results in the inability of the business concern— (I) to meet its obligations as they mature; (II) to pay its ordinary and necessary operating expenses; or (III) to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern.

“termination” applies in that section

the term “termination” means the total denial or suspension of assistance under this paragraph or under section 637(a) of this title prior to the graduation of the participating small business concern or prior to the expiration of the maximum program participation term.

“training provider” applies in that section

the term “training provider” shall mean an institution of higher education, a community or vocational college, or an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 et seq.]. The Administration shall, in consultation with the Secretary of Labor, promulgate rules and regulations to implement this subparagraph that establish acceptable training and upgrading performance standards and provide for such monitoring or audit requirements as may be necessary to ensure the integrity of the training effort.

“Tribal business concern” applies in that section

the term “Tribal business concern” means a Tribal business concern described in section 657a(b)(2)(C) of this title . (B) Loans .— Except as otherwise provided in this paragraph, the Administrator may guarantee covered loans to eligible entities under the same terms, conditions, and processes as a loan made under paragraph (36).

“veteran or spouse of a veteran” applies in that section

the term “veteran or spouse of a veteran” means— (I) a veteran, as defined in section 632(q)(4) of this title ; (II) an individual who is eligible to participate in the Transition Assistance Program established under section 1144 of title 10 ; (III) a member of a reserve component of the Armed Forces named in section 10101 of title 10 ; (IV) the spouse of an individual described in subclause (I), (II), or (III); or (V) the surviving spouse (as defined in section 101 of title 38 ) of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a disability that is service-connected (as defined in such section).

“veteran participation loan” applies in that section

the term “veteran participation loan” means a loan made under this subsection to a small business concern owned and controlled by veterans of the Armed Forces or members of the reserve components of the Armed Forces. (B) Establishment .— The Administrator shall establish and carry out a pilot program under which the Administrator shall reduce the fees for veteran participation loans. (C) Duration .— The pilot program shall terminate at the end of the second full fiscal year after the date that the Administrator establishes the pilot program.

“veterans organization” applies in that section

the term “veterans organization” means an organization that is described in section 501(c)(19) of title 26 that is exempt from taxation under section 501(a) of title 26 ;

“Administration” applies in that section

the terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively;

“Administrator” applies in that section

the terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively;

“disaster area” applies in that section

the term “disaster area” means an area affected by a natural or other disaster, as determined for purposes of paragraph (1) or (2) of section 636(b) of this title , during the period of such declaration;

“disaster loan program of the Administration” applies in that section

the term “disaster loan program of the Administration” means assistance under section 636(b) of this title , as amended by this Act;

“disaster update period” applies in that section

the term “disaster update period” means the period beginning on the date on which the President declares a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title , as added by this Act) and ending on the date on which such declaration terminates;

“major disaster” applies in that section

the term “major disaster” has the meaning given that term in section 5122 of title 42 ;

“small business concern” applies in that section

the term “small business concern” has the meaning given that term under section 632 of this title ; and;

“State” applies in that section

the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any territory or possession of the United States.

“covered loan” applies in that section

the term “covered loan” means a loan guaranteed under section 636(a)(36) of this title ;

“covered mortgage obligation” applies in that section

the term “covered mortgage obligation” means any indebtedness or debt instrument incurred in the ordinary course of business that— (A) is a liability of the borrower; (B) is a mortgage on real or personal property; and (C) was incurred before February 15, 2020 ;

“covered operations expenditure” applies in that section

the term “covered operations expenditure” means a payment for any business software or cloud computing service that facilitates business operations, product or service delivery, the processing, payment, or tracking of payroll expenses, human resources, sales and billing functions, or accounting or tracking of supplies, inventory, records and expenses;

“covered period” applies in that section

the term “covered period” means the period— (A) beginning on the date of the origination of a covered loan; and (B) ending on a date selected by the eligible recipient of the covered loan that occurs during the period— (i) beginning on the date that is 8 weeks after such date of origination; and (ii) ending on the date that is 24 weeks after such date of origination;

“covered property damage cost” applies in that section

the term “covered property damage cost” means a cost related to property damage and vandalism or looting due to public disturbances that occurred during 2020 that was not covered by insurance or other compensation;

“covered rent obligation” applies in that section

the term “covered rent obligation” means rent obligated under a leasing agreement in force before February 15, 2020 ;

“covered supplier cost” applies in that section

the term “covered supplier cost” means an expenditure made by an entity to a supplier of goods for the supply of goods that— (A) are essential to the operations of the entity at the time at which the expenditure is made; and (B) is made pursuant to a contract, order, or purchase order— (i) in effect at any time before the covered period with respect to the applicable covered loan; or (ii) with respect to perishable goods, in effect before or at any time during the covered period with respect to the applicable covered loan;

“covered utility payment” applies in that section

the term “covered utility payment” means payment for a service for the distribution of electricity, gas, water, transportation, telephone, or internet access for which service began before February 15, 2020 ;

“covered worker protection expenditure” applies in that section

the term “covered worker protection expenditure”— (A) means an operating or a capital expenditure to facilitate the adaptation of the business activities of an entity to comply with requirements established or guidance issued by the Department of Health and Human Services, the Centers for Disease Control, or the Occupational Safety and Health Administration, or any equivalent requirements established or guidance issued by a State or local government, during the period beginning on March 1, 2020 and ending the date on which the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C.

“eligible recipient” applies in that section

the term “eligible recipient” means the recipient of a covered loan;

“expected forgiveness amount” applies in that section

the term “expected forgiveness amount” means the amount of principal that a lender reasonably expects a borrower to expend during the covered period on the sum of any— (A) payroll costs; (B) payments of interest on any covered mortgage obligation (which shall not include any prepayment of or payment of principal on a covered mortgage obligation); (C) payments on any covered rent obligation; (D) covered utility payments; (E) covered operations expenditures; (F) covered property damage costs; (G) covered supplier costs; and (H) covered worker protection expenditures; and;

“initial or second draw PPP loan” applies in that section

the term “initial or second draw PPP loan” means a covered loan or a loan under paragraph (37) of section 636(a) of this title . (2) Reliance A lender may rely on any certification or documentation submitted by an applicant for an initial or second draw PPP loan or an eligible recipient or eligible entity receiving initial or second draw PPP loan that— (A) is submitted pursuant to all applicable statutory requirements, regulations, and guidance related to initial or second draw PPP loan, including under paragraph (36) or (37) of section 636(a) of this title and under this section; and (B) attests that the applicant, eligible recipient, or eligible entity, as applicable, has accurately …

“payroll costs” applies in that section

the terms “payroll costs” and “seasonal employer” have the meanings given those terms in section 636(a)(36) of this title . Such payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act, qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020, or premiums taken into account in determining the credit allowed under section 6432 of title 26 .

“seasonal employer” applies in that section

the terms “payroll costs” and “seasonal employer” have the meanings given those terms in section 636(a)(36) of this title . Such payroll costs shall not include qualified wages taken into account in determining the credit allowed under section 2301 of the CARES Act, qualified wages taken into account in determining the credit allowed under subsection (a) or (d) of section 303 of the Taxpayer Certainty and Disaster Relief Act of 2020, or premiums taken into account in determining the credit allowed under section 6432 of title 26 .

“continuation award” applies in that section

the term “continuation award” means a renewal or recompete, awarded at the discretion of the Administrator, for another 5-year project period for a grant, contract, or cooperative agreement under this paragraph that is made up of a base project period of 12 months, with up to 4 option periods of 12 months, subject to continuing program authority, availability of funds, and satisfactory performance by the recipient organization; (C) the Administrator shall, not later than 1 year after December 23, 2024 , issue guidance on the criteria described in subparagraph (A) to existing recipients of any grant, contract, or cooperative agreement made or entered into under this paragraph; (D) the …

“contracting officer” applies in that section

The term “contracting officer” has the meaning given such term in section 2101(1) of title 41 . (B) Small business concern owned and controlled by women

“covered contract” applies in that section

the term “covered contract” means a contract relating to which a prime contractor is required to develop a subcontracting plan under paragraph (4) or (5). (B) Notice.— (i) In general .— A prime contractor for a covered contract shall notify in writing the contracting officer for the covered contract if the prime contractor pays a reduced price to a subcontractor for goods and services upon completion of the responsibilities of the subcontractor or the payment to a subcontractor is more than 30 days past due for goods or services provided for the covered contract for which the Federal agency has paid the prime contractor.

“executive agency” applies in that section

the term “executive agency” has the meaning provided such term in section 133 of title 41 . (k) Notices of subcontracting opportunities (1) In general Notices of subcontracting opportunities may be submitted for publication on the appropriate Federal Web site (as determined by the Administrator) by— (A) a business concern awarded a contract by an executive agency subject to subsection (e)(1)(C); and (B) a business concern that is a subcontractor or supplier (at any tier) to such contractor having a subcontracting opportunity in excess of $10,000.

“Indian tribe” applies in that section

the term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (within the meaning of the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.]) which— (A) is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, or (B) is recognized as such by the State in which such tribe, band, nation, group, or community resides.

“Native Hawaiian Organization” applies in that section

the term “Native Hawaiian Organization” means any community service organization serving Native Hawaiians in the State of Hawaii which— (A) is a nonprofit corporation that has filed articles of incorporation with the director (or the designee thereof) of the Hawaii Department of Commerce and Consumer Affairs, or any successor agency, (B) is controlled by Native Hawaiians, and (C) whose business activities will principally benefit such Native Hawaiians.

“period of military conflict” applies in that section

the term “period of military conflict” means— (A) a period of war declared by the Congress; (B) a period of national emergency declared by the Congress or by the President; or (C) a period of a contingency operation, as defined in section 101(a) of title 10 . (m) Procurement program for women-owned small business concerns (1) Definitions In this subsection, the following definitions apply: (A) Contracting officer

“small business concern owned and controlled by women” applies in that section

The term “small business concern owned and controlled by women” has the meaning given such term in section 632(n) of this title , except that ownership shall be determined without regard to any community property law.

“socially and economically disadvantaged small business concern” applies in that section

the term “socially and economically disadvantaged small business concern” means any small business concern which meets the requirements of subparagraph (B) and— (i) which is at least 51 per centum unconditionally owned by— (I) one or more socially and economically disadvantaged individuals, (II) an economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe), or (III) an economically disadvantaged Native Hawaiian organization, or (ii) in the case of any publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by— (I) one or more socially and economically disadvantaged individuals, (II) an economically disadvantaged Indian …

“Administrator” applies in that section

the term “Administrator” means the Administrator of the Small Business Administration;

“Federal agency” applies in that section

the term “Federal agency” has the meaning given the term “agency” by section 551(1) of title 5 , but does not include the United States Postal Service or the Government Accountability Office; and;

“Government procurement contract” applies in that section

the term “Government procurement contract” means any contract for the procurement of any goods or services by any Federal agency.

“agency acquisition workforce” applies in that section

the term “agency acquisition workforce” means the employees of a Federal agency that have procurement or acquisition responsibilities, including— (A) employees described in section 1703 of title 41 ; and (B) individuals that are part of the acquisition workforce, as defined in section 101(a) of title 10 .

“appropriate committees of Congress” applies in that section

the term “appropriate committees of Congress” means— (i) the Committee on Small Business and Entrepreneurship of the Senate; and (ii) the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives. (oo) Competitive selection procedures for SBIR and STTR programs All funds awarded, appropriated, or otherwise made available in accordance with subsection (f) or (n) must be awarded pursuant to competitive and merit-based selection procedures.

“biomass” applies in that section

the term “biomass”— (i) means any organic material that is available on a renewable or recurring basis, including— (I) agricultural crops; (II) trees grown for energy production; (III) wood waste and wood residues; (IV) plants (including aquatic plants and grasses); (V) residues; (VI) fibers; (VII) animal wastes and other waste materials; and (VIII) fats, oils, and greases (including recycled fats, oils, and greases); and (ii) does not include— (I) paper that is commonly recycled; or (II) unsegregated solid waste;

“commercialization” applies in that section

the term “commercialization” means— (A) the process of developing products, processes, technologies, or services; and (B) the production and delivery (whether by the originating party or by others) of products, processes, technologies, or services for sale to or use by the Federal Government or commercial markets;

“cooperative research and development” applies in that section

the term “cooperative research and development” means research or research and development conducted jointly by a small business concern and a research institution in which not less than 40 percent of the work is performed by the small business concern, and not less than 30 percent of the work is performed by the research institution;

“covered agency” applies in that section

The term “covered agency” means a Federal agency required to have an SBIR program. (B) Eligible entity

“covered Federal agency” applies in that section

the term “covered Federal agency”— (i) means a Federal agency participating in the SBIR program or the STTR program; and (ii) does not include the Department of Defense; and;

“covered individual” applies in that section

the term “covered individual” means an individual who— (A) contributes in a substantive, meaningful way to the scientific development or execution of a research and development project proposed to be carried out with a research and development award from a Federal research agency; and (B) is designated as a covered individual by the Federal research agency concerned;

“covered period” applies in that section

the term “covered period” means a consecutive period of 5 fiscal years preceding the most recent fiscal year. (B) Progress to Phase III success (i) In general Each minimum performance standard established under paragraph (2)(A)(ii) shall— (I) with respect to a small business concern that received or receives more than 50 Phase II awards during a covered period, require an average of $250,000 of aggregate sales and investments per Phase II award received during such covered period; and (II) with respect to a small business concern that received or receives more than 100 Phase II awards during a covered period, require an average of $450,000 of aggregate sales and investments per Phase II …

“covered pilot program” applies in that section

the term “covered pilot program” means any initiative, project, innovation, or other activity— (A) established by the Administrator; (B) relating to an SBIR or STTR program; and (C) not specifically authorized by law.

“covered sale” applies in that section

the term “covered sale” means a sale by a small business concern— (aa) that the small business concern claims to be attributable to an SBIR or STTR award; (bb) for which no amount of the payment was or is made using Federal funds; (cc) which the small business concern uses to meet an applicable increased minimum performance standard under clause (i); and (dd) that was or is received during the 5 fiscal years immediately preceding the fiscal year in which the small business concern uses the sale to meet the increased minimum performance standard. (iv) Covered period defined In this subparagraph,

“covered small business concern” applies in that section

the term “covered small business concern” means a small business concern that— (i) was not majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms on the date on which the small business concern submitted an application in response to a solicitation under the SBIR programs; and (ii) on the date of the award under the SBIR program is majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms.

“covered year” applies in that section

the term “covered year” means, with respect to the information required under clause (i), the year covered by the annual report submitted under subsection (b)(7) in which the Administrator is required to include such information by clause (ii). (C) Termination date This paragraph shall terminate on September 30, 2031 .

“Director” applies in that section

the term “Director” means the Director of the National Institutes of Health; (B) the term “pilot program” refers to the Proof of Concept Partnership pilot program; and;

“eligible entity” applies in that section

The term “eligible entity” means a small business concern that has received a Phase II award under an SBIR program and an additional Phase II SBIR award under subsection (ff) from the covered agency to which such small business concern is applying for a subsequent Phase II SBIR award. (C) Eligible third-party investor

“eligible third-party investor” applies in that section

The term “eligible third-party investor” means a small business concern other than an eligible entity, a venture capital firm, an individual investor, a non-SBIR Federal, State or local government, or any combination thereof. (D) Ineligible sources

“energy efficiency project” applies in that section

the term “energy efficiency project” means the installation or upgrading of equipment that results in a significant reduction in energy usage; and;

“extramural budget” applies in that section

the term “extramural budget” means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities, except that for the Department of Energy it shall not include amounts obligated for atomic energy defense programs solely for weapons activities or for naval reactor programs, and except that for the Agency for International Development it shall not include amounts obligated solely for general institutional support of international research centers or for grants to foreign countries;

“Federal agency” applies in that section

the term “Federal agency” means an executive agency as defined in section 105 of title 5 or a military department as defined in section 102 of such title, except that it does not include any agency within the Intelligence Community (as the term is defined in section 3.4(f) of Executive Order 12333 or its successor orders);

“federally funded award” applies in that section

the term “federally funded award” means a Phase I, Phase II (including a Phase II award under subsection (cc)), or Phase III SBIR or STTR award made using a funding agreement; and;

“foreign affiliation” applies in that section

the term “foreign affiliation” means a funded or unfunded academic, professional, or institutional appointment or position with a foreign government or government-owned entity, whether full-time, part-time, or voluntary (including adjunct, visiting, or honorary);

“foreign country of concern” applies in that section

the term “foreign country of concern” means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, or any other country determined to be a country of concern by the Secretary of State;

“funding agreement” applies in that section

the term “funding agreement” means any contract, grant, or cooperative agreement entered into between any Federal agency and any small business for the performance of experimental, developmental, or research work funded in whole or in part by the Federal Government;

“increased minimum performance standard” applies in that section

the term “increased minimum performance standard” means a minimum performance standard established under paragraph (1)(A)(ii) or (2)(A)(ii) as modified under subparagraph (A) or (B), respectively, of paragraph (3) with respect to a small business concern.

“ineligible sources” applies in that section

The term “ineligible sources” means the following: (i) The eligible entity’s internal research and development funds. (ii) Funding in forms other than cash, such as in-kind or other intangible assets. (iii) Funding from the owners of the eligible entity, or the family members or affiliates of such owners. (iv) Funding attained through loans or other forms of debt obligations. (E) Subsequent Phase II SBIR award

“institution” applies in that section

the terms “qualifying institution” and “institution” mean a university or other research institution that participates in the National Institutes of Health’s STTR program. (3) Proof of Concept Partnerships (A) In general A Proof of Concept Partnership shall be set up by a qualifying institution to award grants to individual researchers. These grants should provide researchers with the initial investment and the resources to support the proof of concept work and commercialization mentoring needed to translate promising research projects and technologies into a viable company.

“malign foreign talent recruitment program” applies in that section

the term “malign foreign talent recruitment program” has the meaning given such term in section 19237 of title 42 ;

“Phase I” applies in that section

the term “Phase I” means— (A) with respect to the SBIR program, the first phase described in paragraph (4)(A); and (B) with respect to the STTR program, the first phase described in paragraph (6)(A);

“Phase II” applies in that section

the term “Phase II” means— (A) with respect to the SBIR program, the second phase described in paragraph (4)(B); and (B) with respect to the STTR program, the second phase described in paragraph (6)(B);

“Phase III” applies in that section

the term “Phase III” means— (A) with respect to the SBIR program, the third phase described in paragraph (4)(C); and (B) with respect to the STTR program, the third phase described in paragraph (6)(C);

“Phase III agreement” applies in that section

the term “Phase III agreement” means a follow-on, non-SBIR or non-STTR funded contract as described in paragraph (4)(C) or paragraph (6)(C) of subsection (e). (3) Intellectual property rights Each funding agreement under an SBIR or STTR program shall include provisions setting forth the respective rights of the United States and the small business concern with respect to intellectual property rights and with respect to any right to carry out follow-on research.

“pilot program” applies in that section

the term “pilot program” means each program established under paragraph (1). (hh) Timing of release of funding (1) In general Federal agencies participating in the SBIR program or STTR program shall, to the extent possible, shorten the amount of time between the provision of notice of an award under the SBIR program or STTR program and the subsequent release of funding with respect to the award.

“qualifying institution” applies in that section

the terms “qualifying institution” and “institution” mean a university or other research institution that participates in the National Institutes of Health’s STTR program. (3) Proof of Concept Partnerships (A) In general A Proof of Concept Partnership shall be set up by a qualifying institution to award grants to individual researchers. These grants should provide researchers with the initial investment and the resources to support the proof of concept work and commercialization mentoring needed to translate promising research projects and technologies into a viable company.

“renewable energy system” applies in that section

the term “renewable energy system” means a system of energy derived from— (i) a wind, solar, biomass (including biodiesel), or geothermal source; or (ii) hydrogen derived from biomass or water using an energy source described in clause (i). (aa) Limitation on size of awards (1) Limitation No Federal agency may issue an award under the SBIR program or the STTR program if the size of the award exceeds the award guidelines established under this section by more than 50 percent.

“research” applies in that section

the term “research” or “research and development” means any activity which is (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements;

“research and development” applies in that section

the term “research” or “research and development” means any activity which is (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements;

“research institution” applies in that section

the term “research institution” means a nonprofit institution, as defined in section 3703(5) 1 of this title, and includes federally funded research and development centers, as identified by the National Scientific Foundation in accordance with the governmentwide Federal Acquisition Regulation issued in accordance with section 1303(a)(1) of title 41 (or any successor regulation thereto); (9) the term “commercial applications” shall not be construed to exclude testing and evaluation of products, services, or technologies for use in technical or weapons systems, and further, awards for testing and evaluation of products, services, or technologies for use in technical or weapons systems may be …

“SBIR” applies in that section

the term “Small Business Innovation Research Program” or “SBIR” means a program under which a portion of a Federal agency’s research or research and development effort is reserved for award to small business concerns through a uniform process having— (A) a first phase for determining, insofar as possible, the scientific and technical merit and feasibility of ideas that appear to have commercial potential, as described in subparagraph (B), submitted pursuant to SBIR program solicitations; (B) a second phase, which shall not include any invitation, pre-screening, or pre-selection process for eligibility for Phase II, that will further develop proposals which meet particular program needs, in …

“senior official” applies in that section

The term “senior official” means an individual appointed to a position in a Federal agency that is classified above GS–15 pursuant section 5108 of title 5 , or any equivalent position, as determined by the Administrator. (F) Reporting (i) In general Not later than July 1, 2023 , and annually thereafter, the Administrator shall submit to Congress a list of the small business concerns that did not meet— (I) an applicable minimum performance standard established under paragraph (1)(A)(ii) or (2)(A)(ii); or (II) an applicable increased minimum performance standard.

“senior procurement executive” applies in that section

the term “senior procurement executive” means an official designated under section 1702(c) of title 41 as the senior procurement executive of a Federal agency participating in a SBIR or STTR program;

“Small Business Innovation Research Program” applies in that section

the term “Small Business Innovation Research Program” or “SBIR” means a program under which a portion of a Federal agency’s research or research and development effort is reserved for award to small business concerns through a uniform process having— (A) a first phase for determining, insofar as possible, the scientific and technical merit and feasibility of ideas that appear to have commercial potential, as described in subparagraph (B), submitted pursuant to SBIR program solicitations; (B) a second phase, which shall not include any invitation, pre-screening, or pre-selection process for eligibility for Phase II, that will further develop proposals which meet particular program needs, in …

“Small Business Technology Transfer Program” applies in that section

the term “Small Business Technology Transfer Program” or “STTR” means a program under which a portion of a Federal agency’s extramural research or research and development effort is reserved for award to small business concerns for cooperative research and development through a uniform process having— (A) a first phase, to determine, to the extent possible, the scientific, technical, and commercial merit and feasibility of ideas submitted pursuant to STTR program solicitations; (B) a second phase, which shall not include any invitation, pre-screening, or pre-selection process for eligibility for Phase II, that will further develop proposals that meet particular program needs, in which …

“strategic breakthrough allocation” applies in that section

the term “strategic breakthrough allocation” means, with respect to a Federal agency with a required expenditure under subsection (f)(1) in excess of $100,000,000, an expenditure amount from the SBIR allocation under subsection (f)(1) of such agency of not more than 0.50 percent of the extramural budget for research or research and development designated for such agency for fiscal year 2026 and every fiscal year thereafter. (B) Award Under this paragraph, a funding agreement may be awarded to a small business concern by a Federal agency using funds made available under a strategic breakthrough allocation.

“STTR” applies in that section

the term “Small Business Technology Transfer Program” or “STTR” means a program under which a portion of a Federal agency’s extramural research or research and development effort is reserved for award to small business concerns for cooperative research and development through a uniform process having— (A) a first phase, to determine, to the extent possible, the scientific, technical, and commercial merit and feasibility of ideas submitted pursuant to STTR program solicitations; (B) a second phase, which shall not include any invitation, pre-screening, or pre-selection process for eligibility for Phase II, that will further develop proposals that meet particular program needs, in which …

“subsequent Phase II SBIR award” applies in that section

The term “subsequent Phase II SBIR award” means an award granted to an eligible entity under this subsection to carry out further commercialization activities for research conducted pursuant to an SBIR program. (vv) Due diligence program to assess security risks (1) Establishment The head of each Federal agency required to establish an SBIR or STTR program, in coordination with the Administrator, shall establish and implement a due diligence program to assess security risks presented by small business concerns seeking a federally funded award.

“technology development program” applies in that section

the term “technology development program” means— (A) the Experimental Program to Stimulate Competitive Research of the National Science Foundation, as established under section 1862g of title 42 ; (B) the Defense Experimental Program to Stimulate Competitive Research of the Department of Defense; (C) the Experimental Program to Stimulate Competitive Research of the Department of Energy; (D) the Experimental Program to Stimulate Competitive Research of the Environmental Protection Agency; (E) the Experimental Program to Stimulate Competitive Research of the National Aeronautics and Space Administration; (F) the Institutional Development Award Program of the National Institutes of Health; and …

“appropriate congressional committees” applies in that section

The term “appropriate congressional committees” means— (i) the Committee on Small Business and Entrepreneurship of the Senate; (ii) the Committee on Homeland Security and Governmental Affairs of the Senate; (iii) the Committee on Small Business of the House of Representatives; and (iv) the Committee on Oversight and Reform of the House of Representatives. (B) Incident

“incident” applies in that section

The term “incident” has the meaning given the term in section 3552 of title 44 . (C) Information technology

“information technology” applies in that section

The term “information technology” has the meaning given the term in section 3502 of title 44 . (c) Repealed. Pub. L. 104–66, title I, § 1091(f) , Dec. 21, 1995 , 109 Stat. 722 (d) Annual report of Department of Defense For the purpose of aiding in carrying out the national policy to insure that a fair proportion of the total purchases and contracts for property and services for the Government be placed with small-business enterprises, and to maintain and strengthen the overall economy of the Nation, the Department of Defense shall make an annual report to the Committees on Small Business of the Senate and the House of Representatives, showing the amount of funds appropriated to the …

“best in class” applies in that section

The term “best in class” has the meaning given such term by the Director of the Office of Management and Budget. (C) Effective date The Administrator shall report on the information described by subparagraph (A) beginning on the date that such information is available in the Federal Procurement Data System, the System for Award Management, or any successor to such systems.

“bundled or consolidated contract” applies in that section

the term “bundled or consolidated contract” has the meaning given in subsection (s). (2) Database Not later than 180 days after December 21, 2000 , the Administrator of the Small Business Administration shall develop and shall thereafter maintain a database containing data and information regarding— (A) each bundled contract awarded by a Federal agency; and (B) each small business concern that has been displaced as a prime contractor as a result of the award of such a contract.

“Chief Acquisition Officer” applies in that section

The terms “Chief Acquisition Officer” and “senior procurement executive” have the meanings given such terms in section 657q(a) of this title . (B) Bundled or consolidated contract

“Committee” applies in that section

The term “Committee” means the Committee for Purchase From People Who Are Blind or Severely Disabled established under section 8502 of title 41 .;

“disaster area” applies in that section

the term “disaster area” means the area for which the President has declared a major disaster, during the period of the declaration. (2) Contracting preference An agency shall provide a contracting preference for a small business concern located in a disaster area if the small business concern will perform the work required under the contract in the disaster area. (3) Credit for meeting contracting goals If an agency awards a contract to a small business concern under the circumstances described in paragraph (2), the value of the contract shall be doubled for purposes of determining compliance with the goals for procurement contracts under subsection (g)(1)(A).

“handicapped individual” applies in that section

The term “handicapped individual” has the same meaning given such term in section 632(f) of this title . (2) (A) During fiscal year 1995, public or private organizations for the handicapped shall be eligible to participate in programs authorized under this section in an aggregate amount not to exceed $40,000,000. (B) None of the amounts authorized for participation by subparagraph (A) may be placed on the procurement list maintained by the Committee pursuant to section 8503 of title 41 . (3) The Administrator shall monitor and evaluate such participation.

“industry category” applies in that section

the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted— (i) due to special capital equipment needs; (ii) due to special labor requirements; (iii) due to special geographic requirements, except as provided in subparagraph (B); (iv) due to …

“major procurement center” applies in that section

the term “major procurement center” means a procurement center that, in the opinion of the Administrator, purchases substantial dollar amounts of goods or services, including goods or services that are commercially available. (7) Training.— (A) Authorization .— At such times as the Administrator deems appropriate, the breakout procurement center representative 7 shall conduct familiarization sessions for contracting officers and other appropriate personnel of the procurement center to which such representative is assigned.

“public or private organization for the handicapped” applies in that section

The term “public or private organization for the handicapped” has the same meaning given such term in section 632(e) of this title .;

“scorecard” applies in that section

the term “scorecard” means any summary using a rating system to evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that— (A) includes the measures described in paragraph (2); and (B) assigns a score to each Federal agency evaluated.

“senior procurement executive” applies in that section

The terms “Chief Acquisition Officer” and “senior procurement executive” have the meanings given such terms in section 657q(a) of this title . (B) Bundled or consolidated contract

“agricultural enterprises” applies throughout its chapter

the term “agricultural enterprises” means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.

“cyber strategy” applies in that section

the term “cyber strategy” means resources and tactics to assist in planning for cybersecurity and defending against cyber risks and attacks; and;

“cyber threat indicator” applies in that section

the terms “cybersecurity risk” and “cyber threat indicator” have the meanings given such terms, respectively, under section 650 of title 6 . (b) Area plan inconsistent with applicant’s plan: assistance unavailable 1981 through 1983; plan of applicant: submittal to Administration, action on plan, review by Administration, assistance to out-of-State businesses (1) Financial assistance shall not be made available to any applicant if approving such assistance would be inconsistent with a plan for the area involved which has been adopted by an agency recognized by the State government as authorized to do so and approved by the Administration in accordance with the standards and requirements …

“cybersecurity risk” applies in that section

the terms “cybersecurity risk” and “cyber threat indicator” have the meanings given such terms, respectively, under section 650 of title 6 . (b) Area plan inconsistent with applicant’s plan: assistance unavailable 1981 through 1983; plan of applicant: submittal to Administration, action on plan, review by Administration, assistance to out-of-State businesses (1) Financial assistance shall not be made available to any applicant if approving such assistance would be inconsistent with a plan for the area involved which has been adopted by an agency recognized by the State government as authorized to do so and approved by the Administration in accordance with the standards and requirements …

“Export Assistance Center” applies in that section

the term “Export Assistance Center” has the same meaning as in section 649 of this title . (3) The Small Business Development Center Program shall be under the general management and oversight of the Administration for the delivery of programs and services to the small business community. Such programs and services shall be jointly developed, negotiated, and agreed upon, with full participation of both parties, pursuant to an executed cooperative agreement between the Small Business Development Center applicant and the Administration. (A) Small business development centers are authorized to form an association to pursue matters of common concern.

“lead small business development center” applies in that section

the term “lead small business development center” means a small business development center that receives reimbursement from the Administrator under paragraph (5). (2) Certification program The Administrator shall establish a cyber counseling certification program, or designate 1 or more substantially similar governmental or private cybersecurity certification programs, to certify the employees of lead small business development centers in providing cyber planning assistance to small business concerns.

“State” applies in that section

the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (5) Federal contracts with small business development centers.— (A) In general .— Subject to the conditions set forth in subparagraph (B), a small business development center may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns.

“Associate Administrator” applies in that section

the term “Associate Administrator” means the Associate Administrator for International Trade described in subsection (a)(2);

“eligible small business concern” applies in that section

the term “eligible small business concern” means a business concern that— (i) is organized or incorporated in the United States; (ii) is operating in the United States; (iii) meets— (I) the applicable industry-based small business size standard established under section 632 of this title ; or (II) the alternate size standard applicable to the program under section 636(a) of this title and the loan programs under title V of the Small Business Investment Act of 1958 ( 15 U.S.C.