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15 U.S.C. § 9511 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Agency** — The term “Agency” means the Minority Business Development Agency of the Department of Commerce.
(2) **Community-based organization** — The term “community-based organization” has the meaning given the term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(3) **Eligible entity** — Except as otherwise expressly provided, the term “eligible entity”—
(A) means—
(i) a private sector entity;
(ii) a public sector entity; or
(iii) a Native entity; and
(B) includes an institution of higher education.
(4) **Federal agency** — The term “Federal agency” has the meaning given the term “agency” in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(5) **Federally recognized area of economic distress** — The term “federally recognized area of economic distress” means—
(A) a HUBZone, as that term is defined in [section 657a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657a/b&num=0&edition=prelim);
(B) an area that—
(i) has been designated as—
(I) an empowerment zone under [section 1391 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1391&num=0&edition=prelim); or
(II) a Promise Zone by the Secretary of Housing and Urban Development; or
(ii) is a low or moderate income area, as determined by the Department of Housing and Urban Development;
(C) a qualified opportunity zone, as that term is defined in [section 1400Z–1 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1400Z–1&num=0&edition=prelim); or
(D) any o
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Stable record: federal_law:legal_authorities:record_usc_4572a5c7783c2f7d82d26601
Source file: Laws/federal/codes/united-states-code/title-15/section-9511-definitions--e6b492bf71.md
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Source location: Title 15, Chapter 120, § 9511; chapter-120-minority-business-development.md
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In this chapter:
(1) **Agency** — The term “Agency” means the Minority Business Development Agency of the Department of Commerce.
(2) **Community-based organization** — The term “community-based organization” has the meaning given the term in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim).
(3) **Eligible entity** — Except as otherwise expressly provided, the term “eligible entity”—
(A) means—
(i) a private sector entity;
(ii) a public sector entity; or
(iii) a Native entity; and
(B) includes an institution of higher education.
(4) **Federal agency** — The term “Federal agency” has the meaning given the term “agency” in [section 551 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
(5) **Federally recognized area of economic distress** — The term “federally recognized area of economic distress” means—
(A) a HUBZone, as that term is defined in [section 657a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section657a/b&num=0&edition=prelim);
(B) an area that—
(i) has been designated as—
(I) an empowerment zone under [section 1391 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1391&num=0&edition=prelim); or
(II) a Promise Zone by the Secretary of Housing and Urban Development; or
(ii) is a low or moderate income area, as determined by the Department of Housing and Urban Development;
(C) a qualified opportunity zone, as that term is defined in [section 1400Z–1 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1400Z–1&num=0&edition=prelim); or
(D) any other political subdivision or unincorporated area of a State determined by the Under Secretary to be an area of economic distress.
(6) **Institution of higher education** — The term “institution of higher education” has the meaning given the term in [section 1001 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim).
(7) **MBDA Business Center** — The term “MBDA Business Center” means a business center that—
(A) is established by the Agency; and
(B) provides technical business assistance to minority business enterprises consistent with the requirements of this chapter.
(8) **MBDA Business Center agreement** — The term “MBDA Business Center agreement” means a legal instrument—
(A) reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and
(B) that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center.
(9) **Minority business enterprise**
(A) *In general* — The term “minority business enterprise” means a business enterprise—
(i) that is not less than 51 percent-owned by 1 or more socially or economically disadvantaged individuals; and
(ii) the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.
(B) *Rule of construction* — Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a “minority business enterprise” under that subparagraph because of—
(i) the status of the business enterprise as a for-profit or not-for-profit enterprise; or
(ii) the annual revenue of the business enterprise.
(10) **Native entity** — The term “Native entity” means—
(A) a Tribal Government;
(B) an Alaska Native village or Regional or Village Corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act ([43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.);
(C) a Native Hawaiian organization, as that term is defined in [section 7517 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7517&num=0&edition=prelim);
(D) the Department of Hawaiian Home Lands; and
(E) the Office of Hawaiian Affairs.
(11) **Private sector entity** — The term “private sector entity”—
(A) means an entity that is not a public sector entity; and
(B) does not include—
(i) the Federal Government;
(ii) any Federal agency; or
(iii) any instrumentality of the Federal Government.
(12) **Public sector entity** — The term “public sector entity” means—
(A) a State;
(B) an agency of a State;
(C) a political subdivision of a State;
(D) an agency of a political subdivision of a State; or
(E) a Native entity.
(13) **Secretary** — The term “Secretary” means the Secretary of Commerce.
(14) **Socially or economically disadvantaged business concern** — The term “socially or economically disadvantaged business concern” means a for-profit business enterprise—
(A)
(i) that is not less than 51 percent owned by 1 or more socially or economically disadvantaged individuals; or
(ii) that is socially or economically disadvantaged; or
(B) the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.
(15) **Socially or economically disadvantaged individual**
(A) *In general* — The term “socially or economically disadvantaged individual” means an individual who has been subjected to racial or ethnic prejudice or cultural bias (or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area) because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity.
(B) *Presumption* — In carrying out this chapter, the Under Secretary shall presume that the term “socially or economically disadvantaged individual” includes any individual who is—
(i) Black or African American;
(ii) Hispanic or Latino;
(iii) American Indian or Alaska Native;
(iv) Asian;
(v) Native Hawaiian or other Pacific Islander; or
(vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance.
(16) **Specialty center** — The term “specialty center” means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to—
(A) capital access;
(B) Federal procurement;
(C) entrepreneurship;
(D) technology transfer; or
(E) any other area determined necessary or appropriate based on the priorities of the Agency.
(17) **State** — The term “State” means—
(A) each of the States of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa;
(G) the Commonwealth of the Northern Mariana Islands; and
(H) each Tribal Government.
(18) **Tribal Government** — The term “Tribal Government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of November 15, 2021, pursuant to [section 5131 of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5131&num=0&edition=prelim).
(19) **Under Secretary** — The term “Under Secretary” means the Under Secretary of Commerce for Minority Business Development, who is appointed as described in section ___3(b) 11 So in original. See References in Text note below. to administer this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** From among the areas nominated for designation under this section, the appropriate Secretaries may designate empowerment zones and enterprise communities.
**(b) Number of designations**
(1) **Enterprise communities** — The appropriate Secretaries may designate in the aggregate 95 nominated areas as enterprise communities under this section, subject to the availability of eligible nominated areas. Of that number, not more than 65 may be designated in urban areas and not more than 30 may be designated in rural areas.
(2) **Empowerment zones** — The appropriate Secretaries may designate in the aggregate 11 nominated areas as empowerment zones under this section, subject to the availability of eligible nominated areas. Of that number, not more than 8 may be designated in urban areas and not more than 3 may be designated in rural areas. If 8 empowerment zones are designated in urban areas, no less than 1 shall be designated in an urban area the most populous city of which has a population of 500,000 or less and no less than 1 shall be a nominated area which includes areas in 2 States and which has a population of 50,000 or less. The Secretary of Housing and Urban Development shall designate empowerment zones located in urban areas in such a manner that the aggregate population of all such zones does not exceed 1,000,000.
**(c) Period designations may be made** A designation may be made under subsection (a) only after 1993 and before 1996.
**(d) Period for which designation is in effect**
(1) **In general** — Any designation under this section shall remain in effect during the period beginning on the date of the designation and ending on the earliest of—
(A)
(i) in the case of an empowerment zone, December 31, 2025, or
(ii) in the case of
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1391
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1001
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Federal law — U.S. Code and appendices · legal_authorities
Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5314
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of list** The Secretary shall publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
**(b) Frequency of publication** The list shall be published within 60 days of November 2, 1994, and annually on or before every January 30 thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 5131
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Qualified opportunity zone defined** For the purposes of this subchapter, the term “qualified opportunity zone” means a population census tract that is a low-income community that is designated as a qualified opportunity zone.
**(b) Designation**
(1) **In general** — For purposes of subsection (a), a population census tract that is a low-income community is designated as a qualified opportunity zone if—
(A) not later than the end of the determination period, the chief executive officer of the State in which the tract is located—
(i) nominates the tract for designation as a qualified opportunity zone, and
(ii) notifies the Secretary in writing of such nomination, and
(B) the Secretary certifies such nomination and designates such tract as a qualified opportunity zone before the end of the consideration period.
(2) **Extension of periods** — A chief executive officer of a State may request that the Secretary extend either the determination or consideration period, or both (determined without regard to this subparagraph),11 So in original. Probably should be “paragraph),”. for an additional 30 days.
(3) **Special rule for Puerto Rico** — Each population census tract in Puerto Rico that is a low-income community shall be deemed to be certified and designated as a qualified opportunity zone, effective on the date of the enactment of Public Law 115–97.
**(c) Other definitions** For purposes of this section—
(1) **Low-income communities** — The term “low-income community” means any population census tract if—
(A) such population census tract has a median family income that—
(i) in the case of a population census tract not located within a metropolitan area, does not exceed 70 percent of the statewide median family income, or
(ii) in the
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1400Z–1
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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Federal law — U.S. Code and appendices · legal_authorities
In this part:
(1) **Community consultation** — The term “community consultation” means a public gathering—
(A) to discuss Native Hawaiian education concerns; and
(B) about which the public has been given not less than 30 days notice.
(2) **Native Hawaiian** — The term “Native Hawaiian” means any individual who is—
(A) a citizen of the United States; and
(B) a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii, as evidenced by—
(i) genealogical records;
(ii) Kupuna (elders) or Kamaaina (long-term community residents) verification; or
(iii) certified birth records.
(3) **Native Hawaiian community-based organization** — The term “Native Hawaiian community-based organization” means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.
(4) **Native Hawaiian educational organization** — The term “Native Hawaiian educational organization” means a private nonprofit organization that—
(A) serves the interests of Native Hawaiians;
(B) has Native Hawaiians in substantive and policymaking positions within the organization;
(C) incorporates Native Hawaiian perspective, values, language, culture, and traditions into the core function of the organization;
(D) has demonstrated expertise in the education of Native Hawaiian youth; and
(E) has demonstrated expertise in research and program development.
(5) **Native Hawaiian language** — The term “Native Hawaiian language” means the single Native American language indigenous to the original inhabitants of the State of Hawaii.
(6) **Native Hawaiian organization*
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7517
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Federal law — U.S. Code and appendices · legal_authorities
Congress finds and declares that—
**(a)** there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims;
**(b)** the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges, or obligations, without creating a reservation system or lengthy wardship or trusteeship, and without adding to the categories of property and institutions enjoying special tax privileges or to the legislation establishing special relationships between the United States Government and the State of Alaska;
**(c)** no provision of this chapter shall replace or diminish any right, privilege, or obligation of Natives as citizens of the United States or of Alaska, or relieve, replace, or diminish any obligation of the United States or of the State or 11 So in original. Probably should be “of”. Alaska to protect and promote the rights or welfare of Natives as citizens of the United States or of Alaska; the Secretary is authorized and directed, together with other appropriate agencies of the United States Government, to make a study of all Federal programs primarily designed to benefit Native people and to report back to the Congress with his recommendations for the future management and operation of these programs within three years of December 18, 1971;
**(d)** no provision of this chapter shall constitute a precedent for reopening, renegotiating, or legislating upon any past settlement involving land claims or other matters with any Native organizations, or any
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated to the Under Secretary $110,000,000 for each of fiscal years 2021 through 2025 to carry out this chapter, of which—
(1) a majority shall be used in each such fiscal year to carry out the MBDA Business Center Program under part B of subchapter I, including the component of that program relating to specialty centers; and
(2) $20,000,000 shall be used in each such fiscal year to carry out subchapter III.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9502
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