Page:United States Statutes at Large Volume 92 Part 2.djvu/483

 PUBLIC LAW 95-507—OCT. 24, 1978 and capital opportunities the Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individual. "(7) No small business concern shall be deemed eligible for any assistance pursuant to this subsection unless the Administration determines that with contract, financial, technical, and management support the small business concern will be able to perform contracts which may be awarded to such concern under paragraph (1)(C) and has reasonable prospects for success in competing in the private sector. " (8) All determinations made pursuant to paragraphs (4), (5), (6) and (7), shall be made by the Associate Administrator for Minority Small Business and Capital Ownership Development. "(9) Within ninety days after the effective date of this paragraph, the Administration shall publish in the Federal Register rules setting forth those conditions or circumstances pursuant to which a firm previously deemed eligible by the Administration may be denied assistance under the provisions of this subsection: Provided, That no such firm shall be denied total participation in any program conducted under the authority of this subsection without first being afforded a hearing on the record in accordance with chapter 5 of title 5, United States Code. "(10) The Administration shall develop and implement an outreach program to inform and recruit small business concerns to apply for eligibility for assistance under this subsection. ' (11) To the maximum extent practicable, construction subcontracts awarded by the Administration pursuant to this subsection shall be awarded within the county or State where the work is to be performed. " (12) To the maximum extent practicable the Associate Administrator for Minority Small Business and Capital Ownership Development shall submit, no less frequently than annually, a yearly estimate of the dollar amounts and types of contracts required for the efficient use of any program conducted under the authority of this subsection, to each agency which may participate in such program.". (b) Not later than June 30, 1980, the General Accounting Office shall submit to the Congress a report which, with respect to provisions of paragraphs (1)(B) and (2) of section 8(a) of the Small Business Act, shall evaluate the implementation of such provisions and whether such implementation furthered the purposes under section 2(e) of the Small Business Act. SEC. 203. Section 2(c) of the Small Business Act is amended by inserting " (1) " after " (c) " and by adding at the end thereof the following new paragraph: "(2)(A) With respect to the programs authorized by section 7(j) of this Act, the Congress finds— "(i) that ownership and control of productive capital is concentrated in the economy of the United States and certain groups, therefore, own and control little productive capital; "(ii) that certain ^ o u p s in the United States own and control little productive capital because they have limited opportunities for small business ownership; "(iii) that the broadening of small business ownership among groups that presently own and control little productive capital is essential to provide for the well-being of this Nation by promoting their increased participation in the free enterprise system of the United States;

92 STAT. 1763

Determinations.

Publication in Federal Register.

Annual estimate.

Report to Congress. 15 USC 637 note. Ante, p. 1761. Ante, p. 17 60. 15 USC 631.

Post, p. 176(4.

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