Page:United States Statutes at Large Volume 94 Part 2.djvu/1044

 94 STAT. 2322

PUBLIC LAW 96-481—OCT. 21, 1980

SEC. 104. The second sentence of section 7(j)(10) of the Small 15 USC 636. Business Act is amended to read as follows: "The program, and all other services and activities authorized under section 7(j) and 8(a) of this Act, shall be managed by the Associate Administrator for Minority Small Business and Capital Ownership Development under the supervision of, and responsible to, the Administrator.". Prejudice or bias SEC. 105. Section 8(a)(8) of the Small Business Act is amended to determination. read as follows: 15 USC 637. "(8) All determinations made pursuant to paragraph (5) with respect to whether a group has been subjected to prejudice or bias shall be made by the Administrator after consultation with the Associate Administrator for Minority Small Business and Capital Ownership Development. All other 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 under the supervision of, and responsible to, the Administrator.". 15 USC 636. SEC. 106. (a) Section 7(j)(10)(A)(i) of the Small Business Act is amended by striking the semicolon at the end thereof and inserting in lieu thereof "for correcting the impairment of such concern's ability to compete, as determined for such concern pursuant to section 8(a)(6) of this Act, within a fixed period of time as mutually agreed upon by the applicant and the Administrator prior to acceptance in such program: Provided, That not less than one year prior to the expiration of such period, and upon the request of such concern, the Administration shall review such period and may extend such period as necessary and appropriate: Provided further, That no determination made under this paragraph shall be considered a denial of total participation for the purposes of section 8(a)(9) of this Act;". Business plan, (b) Notwithstanding the provisions of subsection (a) of this section, submittal. for concerns eligible to receive contracts pursuant to section 8(a) of 15 USC 636 note. the Small Business Act on the effective date of the amendment made by this section, each such concern shall submit to the Small Business Administration within two months after the promulgation of final regulations issued within one hundred and twenty days after the enactment of this Act the business plan required under section 7(j)(10)(A)(i) of the Small Business Act, as amended by subsection (a) of this section: Provided however. That the period of time required under section 7(j)(10)(A)(i) of the Small Business Act, as amended by subsection (a) of this section, shall be fixed as mutually agreed upon by the program participant and the Small Business Administration prior to the awarding or extending of contracts to such concern pursuant to section 8(a) of the Small Business Act after June 1, 1981, but the period shall be fixed in no case later than eighteen months after the effective date of this Act: Provided further, That no determination made under this paragraph shall be considered a denial of total participation for the purposes of section 8(a)(9) of the Small Business Act. Small business SEC. 107. Section 7(j)(10)(C) of the Small Business Act is amended to concern read as follows: contracts. "(C) No small business concern shall receive a contract pursu15 USC 636. ant to section 8(a) of this Act unless— 15 USC 637. "(i) the business plan required pursuant to section 7(j)(10)(A)(i) is approved by the Administration; and "(ii) the program is able to provide such concern with, but not limited to, such management, technical and financial services as may be necessary to achieve the targets, objectives, and goals of such business.".

�