r/title-15-COMMERCE-AND-TRADE wiki — defined terms
The statute’s own glossary: every term Title 15 defines, in section order.
“Export Assistance Center” applies in that section
the term “Export Assistance Center” means a one-stop shop for United States exporters established by the United States and Foreign Commercial Service of the Department of Commerce pursuant to section 4721(b)(8) of this title ;
“export finance specialist” applies in that section
the term “export finance specialist” means a full-time equivalent employee of the Office assigned to an Export Assistance Center to carry out the duties described in subsection (e); and;
“lead small business development center” applies in that section
the term “lead small business development center” means a small business development center that has received a grant from the Administration; and;
“lead women’s business center” applies in that section
the term “lead women’s business center” means a women’s business center that has received a grant from the Administration. (2) Certification program The Administrator shall establish an export and trade counseling certification program to certify employees of lead small business development centers and lead women’s business centers in providing export assistance to small business concerns.
“Office” applies in that section
the term “Office” means the Office of International Trade established under subsection (a)(1).
“program” applies in that section
the term “program” means the State Trade Expansion Program established under paragraph (2);
“rural small business concern” applies in that section
the term “rural small business concern” means an eligible small business concern located in a rural area, as that term is defined in section 1393(a)(2) of title 26 ;
“socially and economically disadvantaged small business concern” applies in that section
the term “socially and economically disadvantaged small business concern” has the meaning given that term in section 637(a)(4)(A) of this title ; and;
“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, the Commonwealth of the Northern Mariana Islands, and American Samoa.
“applicant” applies in that section
the term “applicant” means any State government or agency or instrumentality thereof, any Small Business Administration—designated small business development center, any for profit small business, any nonprofit corporation, any regional commission, or any combination of such entities, which will carry out a small business international marketing program. (h) Contract authority The authority to enter into contracts shall be in effect for each fiscal year only to the extent or in the amounts as are provided in advance in appropriation Acts.
“management official” applies in that section
the term “management official” means, with respect to a small business lending company or a non-Federally regulated lender, an officer, director, general partner, manager, employee, agent, or other participant in the management of the affairs of the company’s or lender’s activities under section 636(a) of this title .
“local government” applies in that section
the term “local government” includes political subdivisions of a State such as counties, parishes, cities, towns and municipalities;
“planting” applies in that section
the term “planting” includes watering, application of fertilizer and herbicides, pruning and shaping, and other subsequent care and maintenance for a period of three years after the trees are planted; and;
“State” applies in that section
the term “State” includes any agency thereof. (h) Annual report to President and Congress The Administrator shall submit annually to the President and the Congress a report on activities within the scope of this section.
“drug-free workplace program” applies in that section
The term “drug-free workplace program” means a program that includes— (A) a written policy, including a clear statement of expectations for workplace behavior, prohibitions against reporting to work or working under the influence of illegal drugs or alcohol, prohibitions against the use or possession of illegal drugs in the workplace, and the consequences of violating those expectations and prohibitions; (B) drug and alcohol abuse prevention training for a total of not less than 2 hours for each employee, and additional voluntary drug and alcohol abuse prevention training for employees who are parents; (C) employee illegal drug testing, with analysis conducted by a drug testing laboratory …
“eligible intermediary” applies in that section
The term “eligible intermediary” means an organization— (A) that has not less than 2 years of experience in carrying out drug-free workplace programs; (B) that has a drug-free workplace policy in effect; (C) that is located in a State, the District of Columbia, or a territory of the United States; and (D) (i) the purpose of which is— (I) to develop comprehensive drug-free workplace programs or to supply drug-free workplace services; or (II) to provide other forms of assistance and services to small business concerns; or (ii) that is eligible to receive a grant under chapter 2 of the National Narcotics Leadership Act of 1988 ( 21 U.S.C. 1521 et seq.). (3) Employee
“employee” applies in that section
The term “employee” includes any— (A) applicant for employment; (B) employee; (C) supervisor; (D) manager; (E) officer of a small business concern who is active in management of the concern; and (F) owner of a small business concern who is active in management of the concern. (4) Medical review officer
“medical review officer” applies in that section
The term “medical review officer”— (A) means a licensed physician with knowledge of substance abuse disorders; and (B) does not include any— (i) employee of the small business concern; or (ii) employee or agent of, or any person having a financial interest in, the laboratory for which the illegal drug test results are being reviewed.
“Assistant Administrator” applies in that section
the term “Assistant Administrator” means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (g);
“private nonprofit organization” applies in that section
the term “private nonprofit organization” means an entity that is described in section 501(c) of title 26 and exempt from taxation under section 501(a) of such title; (3) the term “small business concern owned and controlled by women”, either startup or existing, includes any small business concern— (A) that is not less than 51 percent owned by 1 or more women; and (B) the management and daily business operations of which are controlled by 1 or more women; and;
“women’s business center site” applies in that section
the term “women’s business center site” means the location of— (A) a women’s business center; or (B) 1 or more women’s business centers, established in conjunction with another women’s business center in another location within a State or region— (i) that reach a distinct population that would otherwise not be served; (ii) whose services are targeted to women; and (iii) whose scope, function, and activities are similar to those of the primary women’s business center or centers in conjunction with which it was established.
“agricultural commodity” applies in that section
The term “agricultural commodity” has the same meaning as in section 5602 of title 7 . (c) Eligible contracts (1) Definitions In this subsection—;
“Alaska Native Corporation” applies in that section
The term “Alaska Native Corporation” has the same meaning as the term “Native Corporation” in section 1602 of title 43 . (B) Alaska Native Village
“Alaska Native Village” applies in that section
The term “Alaska Native Village” has the same meaning as the term “Native village” in section 1602 of title 43 . (C) Indian reservation
“base closure area” applies in that section
the term “base closure area” means— (I) lands within the external boundaries of a military installation that were closed through a privatization process under the authority of— (aa) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of division B of Public Law 101–510 ; 10 U.S.C. 2687 note); (bb) title II of the Defense Authorization Amendments and Base Closure and Realignment Act ( Public Law 100–526 ; 10 U.S.C.
“census tract” applies in that section
The term “census tract” means a census tract delineated by the United States Bureau of the Census in the most recent decennial census that is not located in a nonmetropolitan county and does not otherwise qualify as a qualified census tract. (II) Nonmetropolitan county
“contracting officer” applies in that section
the term “contracting officer” has the meaning given that term in section 2101(1) of title 41 ; and;
“covered area” applies in that section
The term “covered area” means an area in a State— (aa) that is located outside of an urbanized area, as determined by the Bureau of the Census; (bb) with a population of not more than 50,000; and (cc) for which the average unemployment rate is not less than 120 percent of the average unemployment rate of the United States or of the State in which the covered area is located, whichever is less, based on the most recent data available from the American Community Survey conducted by the Bureau of the Census. (II) Governor
“full and open competition” applies in that section
the term “full and open competition” has the meaning given that term in section 107 of title 41 . (2) Authority of contracting officer (A) Sole source contracts A contracting officer may award sole source contracts under this section to any qualified HUBZone small business concern, if— (i) the qualified HUBZone small business concern is determined to be a responsible contractor with respect to performance of such contract opportunity, and the contracting officer does not have a reasonable expectation that 2 or more qualified HUBZone small business concerns will submit offers for the contracting opportunity; (ii) the anticipated award price of the contract (including options) will not …
“Governor” applies in that section
The term “Governor” means the chief executive of a State. (III) State
“historically underutilized business zone” applies in that section
The terms “historically underutilized business zone” or “HUBZone” mean any area located within 1 or more— (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; (D) redesignated areas; (E) base closure areas; (F) qualified disaster areas; or (G) a Governor-designated covered area. (2) HUBZone small business concern
“HUBZone” applies in that section
The terms “historically underutilized business zone” or “HUBZone” mean any area located within 1 or more— (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; (D) redesignated areas; (E) base closure areas; (F) qualified disaster areas; or (G) a Governor-designated covered area. (2) HUBZone small business concern
“HUBZone small business concern” applies in that section
The term “HUBZone small business concern” means— (A) a small business concern that is at least 51 percent owned and controlled by United States citizens; (B) a small business concern that is— (i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to section 1626(e)(1) of title 43 ); or (ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to section 1626(e)(1) of title 43 , if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to section 1626(e)(2) of title 43 ); (C) a small business concern— (i) that is wholly owned by one or …
“Indian reservation” applies in that section
The term “Indian reservation”— (i) has the same meaning as the term “Indian country” in section 1151 of title 18 , except that such term does not include— (I) any lands that are located within a State in which a tribe did not exercise governmental jurisdiction on December 21, 2000 , unless that tribe is recognized after December 21, 2000 , by either an Act of Congress or pursuant to regulations of the Secretary of the Interior for the administrative recognition that an Indian group exists as an Indian tribe (part 83 of title 25, Code of Federal Regulations); and (II) lands taken into trust or acquired by an Indian tribe after December 21, 2000 , if such lands are not located within the …
“major disaster” applies in that section
The term “major disaster” means a major disaster declared by the President under section 5170 of title 42 . (II) Other definitions
“nonmetropolitan county” applies in that section
The term “nonmetropolitan county” means a county that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of title 26 ) at the time of the most recent census taken for purposes of selecting qualified census tracts and does not otherwise qualify as a qualified nonmetropolitan county. (E) Qualified disaster area (i) In general Subject to clause (ii),
“qualified census tract” applies in that section
The term “qualified census tract” means a census tract that is covered by the definition of “qualified census tract” in section 42(d)(5)(B)(ii) of title 26 and that is reflected in an online tool prepared by the Administrator described under subsection (d)(7). (ii) Exception For any metropolitan statistical area in the Commonwealth of Puerto Rico,
“qualified disaster area” applies in that section
the term “qualified disaster area” means any census tract or nonmetropolitan county located in an area where a major disaster has occurred or an area in which a catastrophic incident has occurred if such census tract or nonmetropolitan county ceased to be qualified under subparagraph (A) or (B), as applicable, during the period beginning 5 years before the date on which the President declared the major disaster or the catastrophic incident occurred.
“qualified HUBZone small business concern” applies in that section
The term “qualified HUBZone small business concern” means a HUBZone small business concern that has been certified by the Administrator in accordance with the procedures described in this section. (5) Native American small business concerns (A) Alaska Native Corporation
“qualified nonmetropolitan county” applies in that section
The term “qualified nonmetropolitan county” means any county that is reflected in the online tool described under subparagraph (A)(i) and— (i) that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of title 26 ) at the time of the most recent census taken for purposes of selecting qualified census tracts under section 42(d)(5)(B)(ii) of title 26 ; and (ii) in which— (I) the median household income is less than 80 percent of the State median household income, based on a 5-year average of the available data from the Bureau of the Census of the Department of Commerce; (II) the unemployment rate is not less than 140 percent of the average unemployment rate …
“redesignated area” applies in that section
The term “redesignated area” means any census tract that ceases to be qualified under subparagraph (A) and any nonmetropolitan county that ceases to be qualified under subparagraph (B) for a period of 3 years after the date on which the census tract or nonmetropolitan county ceased to be so qualified. (D) Base closure area (i) In general Subject to clause (ii),
“State” applies in that section
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. (4) Qualified HUBZone small business concern
“covered individual” applies in that section
the term “covered individual” means— (A) an individual who is participating in the Transition Assistance Program established under section 1144 of title 10 , subject to an availability determination by the Secretary of the military department concerned; (B) a servicemember in the National Guard or Reserves not on active duty. 1 (C) an individual who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable; or (D) a spouse or dependent of an individual described in subparagraph (A), (B), or (C).
“foreign excess property” applies in that section
the term “foreign excess property” has the meaning given the term in section 102 of title 40 ; and;
“state agency” applies in that section
the term “state agency” has the meaning given the term, including the roles and responsibilities assigned, in section 549 of title 40 . (2) Requirement The Administrator, in coordination with the Administrator of General Services, shall provide access to and manage the distribution of surplus property, and foreign excess property returned to a State for handling as surplus property, owned by the United States under chapter 7 of title 40, to small business concerns owned and controlled by veterans (as verified by the Secretary of Veterans Affairs under section 8127 of title 38 ) pursuant to a memorandum of agreement between the Administrator, the Administrator of General Services, and the …
“applicant” applies in that section
The term “applicant” means an entity, organization, or individual that submits a proposal for an award or a cooperative agreement under this section. (2) Business advice and counseling
“business advice and counseling” applies in that section
The term “business advice and counseling” means providing advice and assistance on matters described in section 657e(c)(2)(B) of this title to small business concerns to guide them through the SBIR and STTR program process, from application to award and successful completion of each phase of the program. (3) Catastrophic incident
“catastrophic incident” applies in that section
The term “catastrophic incident” means a major disaster that is comparable to the description of a catastrophic incident in the National Response Plan of the Administration, or any successor thereto. (4) FAST program
“FAST program” applies in that section
The term “FAST program” means the Federal and State Technology Partnership Program established under this section. (5) Mentor
“mentor” applies in that section
The term “mentor” means an individual described in section 657e(c)(2) of this title . (6) Mentoring Network
“Mentoring Network” applies in that section
The term “Mentoring Network” means an association, organization, coalition, or other entity (including an individual) that meets the requirements of section 657e(c) of this title . (7) Recipient
“recipient” applies in that section
The term “recipient” means a person that receives an award or becomes party to a cooperative agreement under this section. (8) SBIR program
“SBIR program” applies in that section
The term “SBIR program” has the same meaning as in section 638(e)(4) of this title . (9) State
“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. (10) STTR program
“STTR program” applies in that section
The term “STTR program” has the same meaning as in section 638(e)(6) of this title . (b) Establishment of Program The Administrator shall establish a program to be known as the Federal and State Technology Partnership Program, the purpose of which shall be to strengthen the technological competitiveness of small business concerns in the States.
“contracting officer” applies in that section
the term “contracting officer” has the meaning given such term in section 2101 of title 41 . (b) Certification of small business concerns owned and controlled by service-disabled veterans With respect to a procurement program or preference established under this chapter that applies to prime contractors, the Administrator shall— (1) certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and (2) require the periodic recertification of such status.
“interested party” applies in that section
the term “interested party” means— (I) the Secretary of Veterans Affairs or the Administrator; or (II) in the case of a small business concern that is awarded a contract, the applicable contracting officer or another small business concern that submitted an offer for the contract that was awarded to the small business concern that is the subject of a challenge made under clause (i).
“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;
“association” applies in that section
the term “association” means the association of small business development centers established under section 648(a)(3)(A) of this title ;
“disability” applies in that section
the term “disability” has the meaning given that term in section 12102 of title 42 ;
“Efficiency Program” applies in that section
the term “Efficiency Program” means the Small Business Energy Efficiency Program established under subsection (c)(1);
“electric utility” applies in that section
the term “electric utility” has the meaning given that term in section 2602 of title 16 ;
“high performance green building” applies in that section
the term “high performance green building” has the meaning given that term in section 17061 of title 42 ;
“on-bill financing” applies in that section
the term “on-bill financing” means a low interest or no interest financing agreement between a small business concern and an electric utility for the purchase or installation of equipment, under which the regularly scheduled payment of that small business concern to that electric utility is not reduced by the amount of the reduction in cost attributable to the new equipment and that amount is credited to the electric utility, until the cost of the purchase or installation is repaid;
“small business concern” applies in that section
the term “small business concern” has the same meaning as in section 632 of this title ;
“small business development center” applies in that section
the term “small business development center” means a small business development center described in section 648 of this title ;
“telecommuting” applies in that section
the term “telecommuting” means the use of telecommunications to perform work functions under circumstances which reduce or eliminate the need to commute;
“Telecommuting Pilot Program” applies in that section
the term “Telecommuting Pilot Program” means the pilot program established under subsection (d)(1)(A); and;
“veteran” applies in that section
the term “veteran” has the meaning given that term in section 101 of title 38 . (b) Implementation of small business energy efficiency program (1) In general Not later than 90 days after December 19, 2007 , the Administrator shall promulgate final rules establishing the Government-wide program authorized under subsection (d) of section 6307 of title 42 that ensure compliance with that subsection by not later than 6 months after December 19, 2007 .
“Administration” applies in that section
the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively;
“Administrator” applies in that section
the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively;
“certified development company” applies in that section
the term “certified development company” means a development company participating in the program under title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq.);
“Medicaid program” applies in that section
the term “Medicaid program” means the program established under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.);
“Service Corps of Retired Executives” applies in that section
the term “Service Corps of Retired Executives” means the Service Corps of Retired Executives authorized by section 637(b)(1) of this title ;
“small business concern” applies in that section
the term “small business concern” has the meaning given that term in section 632 of this title ;
“small business development center” applies in that section
the term “small business development center” means a small business development center described in section 648 of this title ;
“State” applies in that section
the term “State” has the meaning given that term for purposes of title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq.);
“State Children’s Health Insurance Program” applies in that section
the term “State Children’s Health Insurance Program” means the State Children’s Health Insurance Program established under title XXI of the Social Security Act ( 42 U.S.C. 1397aa et seq.);
“task force” applies in that section
the term “task force” means the task force established under subsection (b)(1); and;
“women’s business center” applies in that section
the term “women’s business center” means a women’s business center described in section 656 of this title . (b) Establishment of task force (1) Establishment There is established a task force to conduct a nationwide campaign of education and outreach for small business concerns regarding the availability of coverage for children through private insurance options, the Medicaid program, and the State Children’s Health Insurance Program. (2) Membership The task force shall consist of the Administrator, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury.
“Chief Acquisition Officer” applies in that section
the term “Chief Acquisition Officer” means the employee of a Federal agency appointed or designated as the Chief Acquisition Officer for the Federal agency under section 1702(a) of title 41 ; (2) the term “consolidation of contract requirements”, with respect to contract requirements of a Federal agency, means a use of a solicitation to obtain offers for a single contract or a multiple award contract— (A) to satisfy 2 or more requirements of the Federal agency for goods or services that have been provided to or performed for the Federal agency under 2 or more separate contracts lower in cost than the total cost of the contract for which the offers are solicited; or (B) to satisfy …
“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 for a Federal agency. (b) Policy The head of each Federal agency shall ensure that the decisions made by the Federal agency regarding consolidation of contract requirements of the Federal agency are made with a view to providing small business concerns with appropriate opportunities to participate as prime contractors and subcontractors in the procurements of the Federal agency.
“covered mentor” applies in that section
The term “covered mentor” means a mentor that enters into an agreement under this chapter, or under any mentor-protege program approved under subsection (b)(1), with a covered protege. (5) Covered protege
“covered protege” applies in that section
The term “covered protege” means a protege of a covered mentor that is a Puerto Rico business. (6) Covered territory mentor
“covered territory mentor” applies in that section
The term “covered territory mentor” means a mentor that enters into an agreement under this chapter, or under any mentor-protege program approved under subsection (b)(1), with a covered territory protege. (7) Covered territory protege
“covered territory protege” applies in that section
The term “covered territory protege” means a protege of a covered territory mentor that is a covered territory business. (e) Current mentor protege agreements Mentors and proteges with approved agreement in a program operating pursuant to subsection (b)(4)(C) shall be permitted to continue their relationship according to the terms specified in their agreement until the expiration date specified in the agreement. (f) Submission of agency plans Agencies operating mentor protege programs pursuant to subsection (b)(4)(C) shall submit the plans specified in subsection (b)(1)(A) to the Administrator within 6 months of the promulgation of rules required by subsection (b)(3).
“mentor” applies in that section
The term “mentor” means a for-profit business concern, of any size, that— (A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and (B) satisfies any other requirements imposed by the Administrator. (2) Mentor-protege program
“mentor-protege program” applies in that section
The term “mentor-protege program” means a program that pairs a mentor with a protege for the purpose of assisting the protege to compete for Federal prime contracts and subcontracts. (3) Protege
“protege” applies in that section
The term “protege” means a small business concern that— (A) is eligible to enter into Federal prime contracts and subcontracts; and (B) satisfies any other requirements imposed by the Administrator. (4) Covered mentor
“covered small business concern” applies in that section
The term “covered small business concern” means a business concern that— (A) with respect to a contract awarded under section 637(a) of this title , is a small business concern eligible to receive contracts under that section; (B) with respect to a contract awarded under section 637(m) of this title — (i) is a small business concern owned and controlled by women (as defined in that section); or (ii) is a small business concern owned and controlled by women (as defined in that section) that is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership is determined without regard to any community property law); (C) with respect to a contract …
“similarly situated entity” applies in that section
The term “similarly situated entity” means a subcontractor that— (A) if a subcontractor for a small business concern, is a small business concern; (B) if a subcontractor for a small business concern eligible to receive contracts under section 637(a) of this title , is such a concern; (C) if a subcontractor for a small business concern owned and controlled by women (as defined in section 637(m) of this title ), is such a concern; (D) if a subcontractor for a small business concern owned and controlled by women (as defined in section 637(m) of this title ) that is not less than 51 percent owned by 1 or more women who are economically disadvantaged (and such ownership is determined without …
“Administration” applies throughout its chapter
the term “Administration” means the Small Business Administration;
“Administrator” applies throughout its chapter
the term “Administrator” means the Administrator of the Small Business Administration;
“articles” applies throughout its chapter
the term “articles” means articles of incorporation for an incorporated body and means the functional equivalent or other similar documents specified by the Administrator for other business entities;
“company” applies throughout its chapter
the terms “small business investment company”, “company”, and “licensee” mean a company approved by the Administration to operate under the provisions of this chapter and issued a license as provided in section 681 of this title ;
“development companies” applies throughout its chapter
the term “development companies” means enterprises incorporated under State law with the authority to promote and assist the growth and development of small-business concerns in the areas covered by their operations;
“employee welfare benefit plan” applies throughout its chapter
the terms “employee welfare benefit plan” and “pension plan” have the same meanings as in section 3 of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C. 1002 ], and are intended to include— (A) public and private pension or retirement plans subject to such Act [ 29 U.S.C. 1001 et seq.]; and (B) similar plans not covered by such Act that have been established and that are maintained by the Federal Government or any State or political subdivision, or any agency or instrumentality thereof, for the benefit of employees;
“Energy Saving debenture” applies throughout its chapter
the term “Energy Saving debenture” means a deferred interest debenture that— (A) is issued at a discount; (B) has a 5-year maturity or a 10-year maturity; (C) requires no interest payment or annual charge for the first 5 years; (D) is restricted to Energy Saving qualified investments; and (E) is issued at no cost (as defined in section 661a 2 of title 2) with respect to purchasing and guaranteeing the debenture;
“Energy Saving qualified investment” applies throughout its chapter
the term “Energy Saving qualified investment” means investment in a small business concern that is primarily engaged in researching, manufacturing, developing, or providing products, goods, or services that reduce the use or consumption of non-renewable energy resources; and;
“leverage” applies throughout its chapter
the term “leverage” includes— (A) debentures purchased or guaranteed by the Administration; (B) participating securities purchased or guaranteed by the Administration; and (C) preferred securities outstanding as of October 1, 1995 ;
“license” applies throughout its chapter
the term “license” means a license issued by the Administration as provided in section 681 of this title ;
“licensee” applies throughout its chapter
the terms “small business investment company”, “company”, and “licensee” mean a company approved by the Administration to operate under the provisions of this chapter and issued a license as provided in section 681 of this title ;
“limited liability company” applies throughout its chapter
the term “limited liability company” means a business entity that is organized and operating in accordance with a State limited liability company statute approved by the Administration; (17) the term “long term”, when used in connection with equity capital or loan funds invested in any small business concern or smaller enterprise, means any period of time not less than 1 year;
“member” applies throughout its chapter
the term “member” means, with respect to a licensee that is a limited liability company, a holder of an ownership interest or a person otherwise admitted to membership in the limited liability company;
“pension plan” applies throughout its chapter
the terms “employee welfare benefit plan” and “pension plan” have the same meanings as in section 3 of the Employee Retirement Income Security Act of 1974 [ 29 U.S.C. 1002 ], and are intended to include— (A) public and private pension or retirement plans subject to such Act [ 29 U.S.C. 1001 et seq.]; and (B) similar plans not covered by such Act that have been established and that are maintained by the Federal Government or any State or political subdivision, or any agency or instrumentality thereof, for the benefit of employees;
“private capital” applies throughout its chapter
the term “private capital”— (A) means the sum of— (i) the paid-in capital and paid-in surplus of a corporate licensee, the contributed capital of the partners of a partnership licensee, or the equity investment of the members of a limited liability company licensee; and (ii) unfunded binding commitments, from investors that meet criteria established by the Administrator, to contribute capital to the licensee: Provided , That such unfunded commitments may be counted as private capital for purposes of approval by the Administrator of any request for leverage, but leverage shall not be funded based on such commitments; (B) does not include any— (i) funds borrowed by a licensee from any source; …
“qualified nonprivate funds” applies throughout its chapter
the term “qualified nonprivate funds” means any— (A) funds directly or indirectly invested in any applicant or licensee on or before August 16, 1982 , by any Federal agency, other than the Administration, under a provision of law explicitly mandating the inclusion of those funds in the definition of the term “private capital”; (B) funds directly or indirectly invested in any applicant or licensee by any Federal agency under a provision of law enacted after September 4, 1992 , explicitly mandating the inclusion of those funds in the definition of the term “private capital”; and (C) funds invested in any applicant or licensee by one or more State or local government entities (including any …
“small business investment company” applies throughout its chapter
the terms “small business investment company”, “company”, and “licensee” mean a company approved by the Administration to operate under the provisions of this chapter and issued a license as provided in section 681 of this title ;
“smaller enterprise” applies throughout its chapter
the term “smaller enterprise” means any small business concern that, together with its affiliates— (A) has— (i) a net financial worth of not more than $6,000,000, as of the date on which assistance is provided under this chapter to that business concern; and (ii) an average net income for the 2-year period preceding the date on which assistance is provided under this chapter to that business concern, of not more than $2,000,000, after Federal income taxes (excluding any carryover losses) except that, for purposes of this clause, if the business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, …
“State” applies throughout its chapter
the term “State” includes the several States, the territories and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia; (5) the term “small-business concern” shall have the same meaning as in the Small Business Act [ 15 U.S.C.
“third party debt” applies throughout its chapter
the term “third party debt” means any indebtedness for borrowed money, other than indebtedness owed to the Administration;
“underlicensed State” applies throughout its chapter
the term “underlicensed State” means a State in which the number of licensees per capita is less than the median number of licensees per capita for all States, as calculated by the Administrator.
“combined capital” applies in that section
the term “combined capital” means the aggregate amount of private capital and outstanding leverage and;
“management expenses” applies in that section
the term “management expenses” includes salaries, office expenses, travel, business development, office and equipment rental, bookkeeping and the development, investigation and monitoring of investments, but does not include the cost of services provided by specialized outside consultants, outside lawyers and outside auditors, who perform services not generally expected of a venture capital company nor does such term include the cost of services provided by any affiliate of the company which are not part of the normal process of making and monitoring venture capital investments.
“maximum tax liability” applies in that section
the term “maximum tax liability” means the amount of income allocated to each partner, shareholder, or member (including an allocation to the Administration as if it were a taxpayer) for Federal income tax purposes in the income tax return filed or to be filed by the company with respect to the fiscal year of the company immediately preceding such distribution, multiplied by the highest combined marginal Federal and State income tax rates for corporations or individuals, whichever is higher, on each type of income included in such return. For purposes of this paragraph,
“participating securities” applies in that section
the term “participating securities” includes preferred stock, a preferred limited partnership interest or a similar instrument, including debentures under the terms of which interest is payable only to the extent of earnings and;
“prioritized payments” applies in that section
the term “prioritized payments” includes dividends on stock, interest on qualifying debentures, or priority returns on preferred limited partnership interests which are paid only to the extent of earnings.
“State income tax” applies in that section
the term “State income tax” means the income tax of the State where the company’s principal place of business is located. A company may also elect to make a distribution under this paragraph at any time during any calendar quarter based on an estimate of the maximum tax liability. If a company makes 1 or more interim distributions for a calendar year, and the aggregate amount of those distributions exceeds the maximum amount that the company could have distributed based on a single annual computation, any subsequent distribution by the company under this paragraph shall be reduced by an amount equal to the excess amount distributed.
“trustee” applies in that section
the term “trustee” means a person who is knowledgeable about and proficient in the marketing of thinly traded securities. (h) Computation of amounts due under participating securities The computation of amounts due the Administration under participating securities shall be subject to the following terms and conditions: (1) The formula in subsection (g)(11) shall be computed annually and the Administration shall receive distributions of its profit participation at the same time as other investors in the company.
“venture capital” applies in that section
the term “venture capital” includes such common stock, preferred stock, or other financing with subordination or nonamortization characteristics as the Administration determines to be substantially similar to equity financing. (c) Third party debt The Administrator— (1) shall not permit a licensee having outstanding leverage to incur third party debt that would create or contribute to an unreasonable risk of default or loss to the Federal Government; and (2) shall permit such licensees to incur third party debt only on such terms and subject to such conditions as may be established by the Administrator, by regulation or otherwise.
“interest” applies in that section
the term “interest” includes only the maximum mandatory sum, expressed in dollars or as a percentage rate, that is payable with respect to the business loan amount received by the small business concern, and does not include the value, if any, of contingent obligations, including warrants, royalty, or conversion rights, granting the small business investment company an ownership interest in the equity or increased future revenue of the small business concern receiving the business loan.
“management official” applies in that section
the term “management official” means an officer, director, general partner, manager, employee, agent, or other participant in the management or conduct of the affairs of a licensee. (b) Removal of management officials (1) Notice of removal The Administrator may serve upon any management official a written notice of its intention to remove that management official whenever, in the opinion of the Administrator— (A) such management official— (i) has willfully and knowingly committed any substantial violation of— (I) this chapter; (II) any regulation issued under this chapter; or (III) a cease-and-desist order which has become final; or (ii) has willfully and knowingly committed or engaged in …
“developmental venture capital” applies throughout its part
The term “developmental venture capital” means capital in the form of equity capital investments in businesses made with a primary objective of fostering economic development in low-income geographic areas. For the purposes of this paragraph,
“equity capital” applies in that section
the term “equity capital” has the same meaning given such term in section 683(g)(4) of this title . (2) Low-income individual
“low-income geographic area” applies in that section
term “low-income geographic area” means— (A) any population census tract (or in the case of an area that is not tracted for population census tracts, the equivalent county division, as defined by the Bureau of the Census of the Department of Commerce for purposes of defining poverty areas), if— (i) the poverty rate for that census tract is not less than 20 percent; (ii) in the case of a tract— (I) that is located within a metropolitan area, 50 percent or more of the households in that census tract have an income equal to less than 60 percent of the area median gross income; or (II) that is not located within a metropolitan area, the median household income for such tract does not exceed 80 …
“low-income individual” applies in that section
The term “low-income individual” means an individual whose income (adjusted for family size) does not exceed— (A) for metropolitan areas, 80 percent of the area median income; and (B) for nonmetropolitan areas, the greater of— (i) 80 percent of the area median income; or (ii) 80 percent of the statewide nonmetropolitan area median income. (3) Low-income geographic area the 1
“New Markets Venture Capital company” applies in that section
The term “New Markets Venture Capital company” means a company that— (A) has been granted final approval by the Administrator under section 689c(e) of this title ; and (B) has entered into a participation agreement with the Administrator. (5) Operational assistance
“operational assistance” applies in that section
The term “operational assistance” means management, marketing, and other technical assistance that assists a small business concern with business development. (6) Participation agreement
“participation agreement” applies in that section
The term “participation agreement” means an agreement, between the Administrator and a company granted final approval under section 689c(e) of this title , that— (A) details the company’s operating plan and investment criteria; and (B) requires the company to make investments in smaller enterprises at least 80 percent of which are located in low-income geographic areas. (7) Specialized small business investment company
“specialized small business investment company” applies in that section
The term “specialized small business investment company” means any small business investment company that— (A) invests solely in small business concerns that contribute to a well-balanced national economy by facilitating ownership in such concerns by persons whose participation in the free enterprise system is hampered because of social or economic disadvantages; (B) is organized or chartered under State business or nonprofit corporations statutes, or formed as a limited partnership; and (C) was licensed under section 681(d) of this title , as in effect before September 30, 1996 . (8) State
“State” applies in that section
The term “State” means such 3 of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.
“covered New Markets Venture Capital company” applies in that section
the term “covered New Markets Venture Capital company” means a New Markets Venture Capital company— (A) granted final approval by the Administrator under section 689c(e) of this title on or after March 1, 2002 ; and (B) that has obtained a financing from the Administrator.
“operational assistance” applies throughout its part
The term “operational assistance” means management, marketing, and other technical assistance that assists a small business concern with business development. (2) Participation agreement
“participation agreement” applies throughout its part
The term “participation agreement” means an agreement, between the Administrator and a company granted final approval under section 690c(e) of this title , that— (A) details the operating plan and investment criteria of the company; and (B) requires the company to make investments in smaller enterprises primarily engaged in researching, manufacturing, developing, producing, or bringing to market goods, products, or services that generate or support the production of renewable energy. (3) Renewable energy
“renewable energy” applies throughout its part
The term “renewable energy” means energy derived from resources that are regenerative or that cannot be depleted, including solar, wind, ethanol, and biodiesel fuels. (4) Renewable Fuel Capital Investment company
“Renewable Fuel Capital Investment company” applies throughout its part
The term “Renewable Fuel Capital Investment company” means a company— (A) that— (i) has been granted final approval by the Administrator under section 690c(e) of this title ; and (ii) has entered into a participation agreement with the Administrator; or (B) that has received conditional approval under section 690c(c) of this title . (5) State
“State” applies throughout its part
The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States. (6) Venture capital
“venture capital” applies throughout its part
The term “venture capital” means capital in the form of equity capital investments, as that term is defined in section 683(g)(4) of this title .
“bid bond” applies throughout its part
The term “bid bond” means a bond conditioned upon the bidder on a contract entering into the contract, if he receives the award thereof, and furnishing the prescribed payment bond and performance bond.;
“obligee” applies throughout its part
The term “obligee” means (A) in the case of a bid bond, the person requesting bids for the performance of a contract, or (B) in the case of a payment bond or performance bond, the person who has contracted with a principal for the completion of the contract and to whom the obligation of the surety runs in the event of a breach by the principal of the conditions of a payment bond or performance bond.;
“payment bond” applies throughout its part
The term “payment bond” means a bond conditioned upon the payment by the principal of money to persons under contract with him.;
“performance bond” applies throughout its part
The term “performance bond” means a bond conditioned upon the completion by the principal of a contract in accordance with its terms.;
“prime contractor” applies throughout its part
The term “prime contractor” means the person with whom the obligee has contracted to perform the contract.;
“principal” applies throughout its part
The term “principal” means (A) in the case of a bid bond, a person bidding for the award of a contract, or (B) the person primarily liable to complete a contract for the obligee, or to make payments to other persons in respect of such contract, and for whose performance of his obligation the surety is bound under the terms of a payment or performance bond. A principal may be a prime contractor or a subcontractor.;
“small business concern” applies throughout its part
the term “small business concern” means a business concern that meets the size standard for the primary industry in which such business concern, and the affiliates of such business concern, is engaged, as determined by the Administrator in accordance with the North American Industry Classification System.
“subcontractor” applies throughout its part
The term “subcontractor” means a person who has contracted with a prime contractor or with another subcontractor to perform a contract. (9) Notwithstanding any other provision of law or any rule, regulation, or order of the Administration, for purpose of sections 694a, 694b, and 694c of this title
“surety” applies throughout its part
The term “surety” means the person who (A) under the terms of a bid bond, undertakes to pay a sum of money to the obligee in the event the principal breaches the conditions of the bond, (B) under the terms of a performance bond, undertakes to incur the cost of fulfilling the terms of a contract in the event the principal breaches the conditions of the contract, (C) under the terms of a payment bond, undertakes to make payment to all persons supplying labor and material in the prosecution of the work provided for in the contract if the principal fails to make prompt payment, or (D) is an agent, independent agent, underwriter, or any other company or individual empowered to act on behalf of …
“small manufacturer” applies in that section
the term “small manufacturer” means a small business concern— (A) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (B) all of the production facilities of which are located in the United States.
“borrower” applies in that section
the term “borrower” means a small business concern that submits an application to a development company for financing under this subparagraph;