Page:United States Statutes at Large Volume 104 Part 4.djvu/392

 104 STAT. 2708 PUBLIC LAW 101-549—NOV. 15, 1990 42 USC 7601 TITLE X—DISADVANTAGED BUSINESS note. CONCERNS Sec. 1001. Disadvantaged business concerns. Sec. 1002. Use of quotas prohibited. SEC. 1001. DISADVANTAGED BUSINESS CONCERNS. (a) IN GENERAL. —In providing for any research relating to the requirements of the amendments made by the Clean Air Act Amendments of 1990 which uses funds of the Environmental Protection Agency, the Administrator of the Environmental Protection Agency shall, to the extent practicable, require that not less than 10 percent of toted Federal funding for such research will be made available to disadvantaged business concerns. (b) DEFINITION. — (1)(A) For purposes of subsection (a), the term "disadvantaged business concern" means a concern— (i) which is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of a publicly traded company, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (ii) the management and daily business operations of which are controlled by such individuals. (B)(i) A for-profit business concern is presumed to be a disadvEmtaged business concern for purposes of subsection (a) if it is at least 51 percent owned by, or in the case of a concern which is a publicly traded company at least 51 percent of the stock of the company is owned by, one or more individuals who are members of the following groups: (I) Black Americans. (II) Hispanic Americans. (III) Native Americans. (IV) Asian Americans. (V) Women. (VI) Disabled Americans. (ii) The presumption established by clause (i) may be rebutted with respect to a particular business concern if it is reasonably established that the individual or individuals referred to in that clause with respect to that business concern are not experiencing impediments to establishing or developing such concern as a result of the individual's identification as a member of a group specified in that clause. Minority (C) The following institutions are presumed to be disadvan- ^°"P^- taged business concerns for purposes of subsection (a): (i) Historically black colleges and universities, and colleges and universities having a student body in which 40 percent of the students are Hispgmic. (ii) Minority institutions (as that term is defined by the Secretary of Ekllication pursuant to the General Education Provision Act (20 U.S.C. 1221 et seq.)). (iii) Private and voluntary organizations controlled by individuals who are socially and economically disadvantaged.

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