50a U.S. Code Rule - Small business
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Small business concerns shall be given the maximum practicable opportunity to participate as contractors, and subcontractors at various tiers, in all programs to maintain and strengthen the Nation’s industrial base and technology base undertaken pursuant to this Act [sections 2061 to 2170, 2171, and 2172 of this Appendix].
(b) Administration of Act
(c) Advisory committee participation
(e) Allocations under section 101
Whenever the President makes a determination to exercise any authority to allocate any material pursuant to section 101 [section 2071 of this Appendix], small business concerns shall be accorded, to the extent practicable, a fair share of such material, in proportion to the share received by such business concerns under normal conditions, giving such special consideration as may be possible to emerging small business concerns.
Source(Sept. 8, 1950, ch. 932, title VII, § 701,64 Stat. 815; July 31, 1951, ch. 275, title I, § 108,65 Stat. 138; June 30, 1953, ch. 171, § 7,67 Stat. 130; Aug. 9, 1955, ch. 655, §§ 4, 5,69 Stat. 580; Pub. L. 96–294, title I, § 105(c),June 30, 1980, 94 Stat. 633; Pub. L. 102–558, title I, § 131,Oct. 28, 1992, 106 Stat. 4209.)
1992—Pub. L. 102–558amended section generally, substituting present provisions for provisions stating policy to encourage small business enterprises and providing for measures to carry out this policy, for allocation of materials in the civilian market, and for distribution of defense contracts.
1980—Subsec. (d). Pub. L. 96–294substituted “enactment of the Defense Production Act Amendments of 1980” for “enactment of the Defense Production Act Amendments of 1955”.
1955—Subsec. (c). Act Aug. 9, 1955, § 4, struck out specific dates which were the basis for determination of materials in civilian market and inserted provisions requiring that a business receive its fair share based on a representative period before imposition of the allocation.
Subsec. (d). Act Aug. 9, 1955, § 5, added subsec. (d).
1953—Subsec. (c). Act June 30, 1953, amended subsec. (c) generally, the principal change being to provide, in the allocation to business of a fair share of available civilian supply, a new base period for allocating materials not under control on July 1, 1953.
1951—Subsec. (c). Act July 31, 1951, provided that limitations and restrictions on production of specific items shall not exclude new concerns.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102–558deemed to have become effective Mar. 1, 1992, see section 304 ofPub. L. 102–558, set out as a note under section 2062 of this Appendix.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–294effective June 30, 1980, see section 107 ofPub. L. 96–294, set out as a note under section 2062 of this Appendix.
Effective Date of 1955 Amendment
Amendment by act Aug. 9, 1955, effective as of close of July 31, 1955, see section 11 of act Aug. 9, 1955, set out as a note under section 2062 of this Appendix.
Delegation of Functions
Functions of President under act Sept. 8, 1950 [section 2061 et seq. of this Appendix], relating to production, conservation, use, control, distribution, and allocation of energy, delegated to Secretary of Energy, see section 4 of Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185, set out as a note under section 761 of Title 15, Commerce and Trade.