Section 3(p) of the Small Business Act, referred to in subsecs. (a)(1)(A) and (f)(1), is classified to section 632 (p) of Title 15, Commerce and Trade.

Section 8(a) of the Small Business Act, referred to in subsec. (e)(3)(A), is classified to section 637 (a) of Title 15, Commerce and Trade.

Section, as added by Pub. L. 102–484, § 801(a)(1), consists of text of Pub. L. 99–661, div. A, title XII, § 1207, Nov. 14, 1986, 100 Stat. 3973, revised by Pub. L. 102–484 by substituting “each of fiscal years 1987 through 2000” for “each of fiscal years 1987, 1988, 1989, 1990, 1991, 1992, and 1993” in subsec. (a)(1), “of this title” for “of title 10, United States Code,” in subsec. (e)(2), and “each of fiscal years 1987 through 2000” for “each of fiscal years 1987, 1988, 1989, 1990, 1991, 1992, and 1993” in subsec. (h). Section 1207 of Pub. L. 99–661, which was formerly set out as a note under section 2301 of this title, was repealed by Pub. L. 102–484, div. A, title VIII, § 801(h)(1), Oct. 23, 1992, 106 Stat. 2445.

A prior section 2323, added Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; amended Pub. L. 99–500, § 101(c) [title X, § 926(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 926(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title IX, formerly title IV, § 926(a)(1), Nov. 14, 1986, 100 Stat. 3933, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, related to commercial pricing for spare or repair parts, prior to repeal by Pub. L. 101–510, div. A, title VIII, § 804(a), Nov. 5, 1990, 104 Stat. 1591.

2006—Subsec. (a)(1)(D). Pub. L. 109–364, § 858(1), added subpar. (D).

Subsec. (a)(2). Pub. L. 109–364, § 858(2), inserted “, Hispanic-serving institutions,” before “and minority institutions” and “and institutions” before “in the program”.

Subsec. (c)(1). Pub. L. 109–364, § 858(3), inserted “, Hispanic-serving institutions,” before “and minority institutions”.

Subsec. (c)(3). Pub. L. 109–364, § 858(4), inserted “, to Hispanic-serving institutions,” before “and to minority institutions” in introductory provisions.

Subsec. (k). Pub. L. 109–163 substituted “2009” for “2006” in pars. (1) and (2).

2003—Subsec. (i)(3). Pub. L. 108–136 struck out par. (3) which listed certain items to be included in the report required under par. (1).

2002—Subsec. (j)(2). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

Subsec. (k). Pub. L. 107–314 substituted “2006” for “2003” in pars. (1) and (2).

2001—Subsec. (a)(1)(C). Pub. L. 107–107 substituted “section 365 (3)” for “section 1046 (3)” and “20 U.S.C. 1067k” for “20 U.S.C. 1135d–5 (3)” and struck out before period at end “, which, for the purposes of this section, shall include Hispanic-serving institutions (as defined in section 316(b)(1) of such Act (20 U.S.C. 1059c (b)(1)))”.

1999—Subsec. (k). Pub. L. 106–65 substituted “2003” for “2000” in pars. (1) and (2).

1998—Subsec. (e)(3). Pub. L. 105–261 designated existing provisions as subpar. (A), inserted “, except as provided in subparagraph (B),” after “the head of an agency may” in first sentence, and added subpar. (B).

1997—Subsec. (a)(1)(A). Pub. L. 105–135, § 604(a)(1), inserted before semicolon at end “, and qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act)”.

Subsec. (f)(1). Pub. L. 105–135, § 604(a)(2), inserted “or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)” after “(as described in subsection (a))”.

1996—Subsec. (a)(1)(C). Pub. L. 104–106, § 4321(b)(8)(A), inserted closing parenthesis after “1135d–5(3))” and “1059c(b)(1))”.

Subsec. (a)(3). Pub. L. 104–106, § 4321(b)(8)(B), struck out “(issued under section 25(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 421 (c))” after “Acquisition Regulation”.

Subsec. (b). Pub. L. 104–106, § 4321(b)(8)(C), inserted “(1)” after “Amount.—”.

Subsec. (i)(3)(D). Pub. L. 104–106, § 4321(b)(8)(D), added subpar. (D).

1994—Pub. L. 103–355 amended section generally to extend defense contract goal for small disadvantaged businesses and certain institutions of higher education to Coast Guard and National Aeronautics and Space Administration.

1993—Subsec. (a)(1)(B). Pub. L. 103–160, § 811(a), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “historically Black colleges and universities; and”.

Subsec. (a)(1)(C). Pub. L. 103–160, § 811(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “minority institutions (as defined in paragraphs (3), (4), and (5) of section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058)), including any nonprofit research institution that was an integral part of a historically Black college or university before November 14, 1986.”

Subsec. (f)(2). Pub. L. 103–160, § 811(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary of Defense shall prescribe regulations which provide for the following:

“(A) A requirement that a business which represents itself as an entity described in subsection (a)(1) and is seeking a Department of Defense contract maintain its status as an entity at the time of contract award.

“(B) A prohibition on the award of a contract under this section to an entity described in subsection (a)(1) unless the entity agrees to comply with the requirements of section 15(o)(1) of the Small Business Act (15 U.S.C. 644 (o)(1)).”

Subsec. (i). Pub. L. 103–35 amended and made technical amendment to directory language of Pub. L. 102–484, § 801(f). See 1992 Amendment note for subsec. (h) below.

Subsec. (i)(3)(D). Pub. L. 103–160, § 811(e), added subpar. (D).

1992—Subsec. (a)(3). Pub. L. 102–484, § 801(b), added par. (3).

Subsec. (e). Pub. L. 102–484, § 801(c)(1), substituted “subsection (a):” for “subsection (a)—” in introductory provisions.

Subsec. (e)(1). Pub. L. 102–484, § 801(c)(2), added par. (1) and struck out former par. (1) which read as follows: “The Secretary of Defense shall exercise his utmost authority, resourcefulness, and diligence.”

Subsec. (e)(2). Pub. L. 102–484, § 801(c)(3), inserted at end “The Secretary shall prescribe regulations that provide guidance to contracting officers for making advance payments to entities described in subsection (a)(1) under such section.”

Subsec. (e)(3). Pub. L. 102–484, § 801(c)(4), inserted “and partial set asides for entities described in subsection (a)(1)” after “Act”.

Subsec. (e)(5). Pub. L. 102–484, § 801(c)(5), added par. (5).

Subsec. (f). Pub. L. 102–484, § 801(d), substituted “Penalties and Regulations Relating to Status” for “Penalties for Misrepresentation” in heading, designated existing provisions as par. (1), and added par. (2).

Subsec. (g). Pub. L. 102–484, § 801(e)(2), added subsec. (g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 102–484, § 802(2), added subsec. (h). Former subsec. (h) redesignated (i).

Pub. L. 102–484, § 801(f), as amended by Pub. L. 103–35, substituted “Report” for “Reports” in heading, struck out “July 15 of each year, the Secretary of Defense shall submit to Congress a report on the progress toward meeting the goal of subsection (a) during the current fiscal year. (2) Not later than” after “(1) Not later than”, struck out “final” after “Congress a”, and substituted “Secretary toward attaining” for “Secretary with” in former par. (2), redesignated par. (3) as (2) and substituted “report required under paragraph (1) shall” for “reports described in paragraphs (1) and (2) shall each”, redesignated par. (4) as (3) and substituted “report required under paragraph (1)” for “reports required under paragraph (2)”, and struck out par. (5) which read as follows: “The first report required by this subsection shall be submitted between May 1 and May 30, 1987.”

Pub. L. 102–484, § 801(e)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (i). Pub. L. 102–484, § 802(1), redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).

Pub. L. 102–484, § 801(e)(1), redesignated subsec. (h) as (i).

Subsec. (j). Pub. L. 102–484, § 802(1), redesignated subsec. (i) as (j).

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135 set out as a note under section 631 of Title 15, Commerce and Trade.

For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 251 of Title 41, Public Contracts.

For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 251 of Title 41, Public Contracts.

Amendment by Pub. L. 103–35 applicable as if included in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title.

Section 801(f) of Pub. L. 102–484 provided that the amendment made by that section is effective Oct. 1, 1993.

Section 811(d) of Pub. L. 103–160 provided that:

“(1) The Secretary of Defense shall propose amendments to the Department of Defense Supplement to the Federal Acquisition Regulation that address the matters described in subsection (g) and subsection (h)(2) of section 2323 of title 10, United States Code.

“(2) Not later than 15 days after the date of the enactment of this Act [Nov. 30, 1993], the Secretary shall publish such proposed amendments in accordance with section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b). The Secretary shall provide a period of at least 60 days for public comment on the proposed amendments.

“(3) The Secretary shall publish the final regulations not later than 120 days after the date of the enactment of this Act.”

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.