Page:United States Statutes at Large Volume 102 Part 4.djvu/886

 102 STAT. 3856

PUBLIC LAW 100-656—NOV. 15, 1988 to compete on an equal basis in the mainstream of the American economy; (2) affirm that the measure of success of the Capital Ownership Development Program, and the section 8(a) authority, shall be the number of competitive firms that exit the Program without being unreasonably reliant on section 8(a) contracts and that are able to compete on an equal basis in the mainstream of the American economy; (3) ensure that program benefits accrue to individuals who are both socially and economically disadvantaged; (4) increase the number of small businesses owned and controlled by such individuals from which the United States may purchase products and services (including construction work); and (5) ensure integrity, competence, and efficiency in the administration of business development services and the Federal contracting opportunities made available to eligible small businesses.

TITLE II—PROGRAM ORGANIZATION AND PARTICIPATION STANDARDS SEC. 201. PROGRAM ADMISSION.

Establishment.

(a) EuGiBiliTY OF PARTICIPANTS.—Section 7(j)(ll) of the Small Business Act (15 U.S.C. 6360X11)) is amended by striking out "(11)" and inserting in lieu thereof "(IIKA)" and by adding the following new subparagraphs: "(B) Except as provided in section 602(d) of the Business Opportunity Development Reform Act of 1988, any individual upon whom eligibility is based pursuant to section 8(a)(4), shall be permitted to assert such eligibility for only one small business concern. Notwithstanding the provisions of the preceding sentence, no individual who was determined pursuant to section 8(a) to be socially and economically disadvantaged before the effective date of this subparagraph shall be permitted to assert such disadvantage with respect to any other concern making application for certification after such effective date. "(C) No concern, previously eligible for the award of contracts pursuant to section 8(a), shall be subsequently recertified for program participation if its prior participation in the program was concluded for any of the reasons described in paragraph (lOXE). "(D) A concern eligible for the award of contracts pursuant to this subsection shall remain eligible for such contracts if there is a transfer of ownership and control (as defined pursuant to section 8(a)(4)) to individuals who are determined to be socially and economically disadvantaged pursuant to section 8(a). In the event of such a transfer, the concern, if not terminated or graduated, shall be eligible for a period of continued participation in the program not to exceed the time limitations prescribed in paragraph (15). "(E) There is established a Division of Program Certification and Eligibility (hereinafter referred to in this paragraph as the "Division") that shall be made part of the Office of the Associate Administrator for Minority Small Business and Capital Ownership Development. The Division shall be headed by a Director who shall report directly to such Associate Administrator. The Division shall establish field offices within such regional offices of the Administra-

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