Title 15Commerce and TradeRelease 119-73

§9501 Definitions

Title 15 › Chapter CHAPTER 120— - MINORITY BUSINESS DEVELOPMENT › § 9501

Last updated Apr 6, 2026|Official source

Summary

Defines the key words used in the chapter. Agency is the Minority Business Development Agency at the Department of Commerce. Community-based organization has the meaning used in federal education law. Eligible entity means a private sector group, a public sector group, or a Native entity, and it also includes colleges and universities. Federal agency has the meaning given in federal administrative law. Federally recognized area of economic distress covers HUBZones, empowerment zones or Promise Zones, HUD-designated low or moderate income areas, qualified opportunity zones, or any other area the Under Secretary finds to be distressed. Institution of higher education has the meaning used in federal education law. MBDA Business Center is a center the Agency sets up to give business help to minority businesses. MBDA Business Center agreement is the legal deal that sets the terms for how a recipient will run an MBDA Business Center. Minority business enterprise is a business that is at least 51% owned and controlled by one or more socially or economically disadvantaged individuals; that status is not lost because the business is non‑profit or because of its revenue. Native entity includes Tribal Governments, Alaska Native villages and corporations, Native Hawaiian organizations, the Department of Hawaiian Home Lands, and the Office of Hawaiian Affairs. Private sector entity is any entity that is not a public sector entity and does not include the Federal Government. Public sector entity includes States, state agencies, political subdivisions and their agencies, and Native entities. Secretary means the Secretary of Commerce. Socially or economically disadvantaged business concern is a for‑profit business owned or controlled by socially or economically disadvantaged individuals. Socially or economically disadvantaged individual means a person who faced racial, ethnic, or cultural bias or reduced capital or credit because of group identity, and it is presumed to include Black or African American; Hispanic or Latino; American Indian or Alaska Native; Asian; Native Hawaiian or other Pacific Islander; and any group listed by the Agency under part 1400 of title 15 as of November 23, 1984. Specialty center is an MBDA Business Center that focuses on specific needs like capital access, Federal procurement, entrepreneurship, or technology transfer. State lists each U.S. State, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and each Tribal Government. Tribal Government means the recognized governing body of any Indian or Alaska Native tribe listed most recently as of November 15, 2021. Under Secretary means the Under Secretary of Commerce for Minority Business Development, who administers this chapter.

Full Legal Text

Title 15, §9501

Commerce and Trade — Source: USLM XML via OLRC

In this chapter:
(1)The term “Agency” means the Minority Business Development Agency of the Department of Commerce.
(2)The term “community-based organization” has the meaning given the term in section 7801 of title 20.
(3)Except as otherwise expressly provided, the term “eligible entity”—
(A)means—
(i)a private sector entity;
(ii)a public sector entity; or
(iii)a Native entity; and
(B)includes an institution of higher education.
(4)The term “Federal agency” has the meaning given the term “agency” in section 551 of title 5.
(5)The term “federally recognized area of economic distress” means—
(A)a HUBZone, as that term is defined in section 657a(b) of this title;
(B)an area that—
(i)has been designated as—
(I)an empowerment zone under section 1391 of title 26; or
(II)a Promise Zone by the Secretary of Housing and Urban Development; or
(ii)is a low or moderate income area, as determined by the Department of Housing and Urban Development;
(C)a qualified opportunity zone, as that term is defined in section 1400Z–1 of title 26; or
(D)any other political subdivision or unincorporated area of a State determined by the Under Secretary to be an area of economic distress.
(6)The term “institution of higher education” has the meaning given the term in section 1001 of title 20.
(7)The term “MBDA Business Center” means a business center that—
(A)is established by the Agency; and
(B)provides technical business assistance to minority business enterprises consistent with the requirements of this chapter.
(8)The term “MBDA Business Center agreement” means a legal instrument—
(A)reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and
(B)that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center.
(9)(A)The term “minority business enterprise” means a business enterprise—
(i)that is not less than 51 percent-owned by 1 or more socially or economically disadvantaged individuals; and
(ii)the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.
(B)Nothing in subparagraph (A) may be construed to exclude a business enterprise from qualifying as a “minority business enterprise” under that subparagraph because of—
(i)the status of the business enterprise as a for-profit or not-for-profit enterprise; or
(ii)the annual revenue of the business enterprise.
(10)The term “Native entity” means—
(A)a Tribal Government;
(B)an Alaska Native village or Regional or Village Corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
(C)a Native Hawaiian organization, as that term is defined in section 7517 of title 20;
(D)the Department of Hawaiian Home Lands; and
(E)the Office of Hawaiian Affairs.
(11)The term “private sector entity”—
(A)means an entity that is not a public sector entity; and
(B)does not include—
(i)the Federal Government;
(ii)any Federal agency; or
(iii)any instrumentality of the Federal Government.
(12)The term “public sector entity” means—
(A)a State;
(B)an agency of a State;
(C)a political subdivision of a State;
(D)an agency of a political subdivision of a State; or
(E)a Native entity.
(13)The term “Secretary” means the Secretary of Commerce.
(14)The term “socially or economically disadvantaged business concern” means a for-profit business enterprise—
(A)(i)that is not less than 51 percent owned by 1 or more socially or economically disadvantaged individuals; or
(ii)that is socially or economically disadvantaged; or
(B)the management and daily business operations of which are controlled by 1 or more socially or economically disadvantaged individuals.
(15)(A)The term “socially or economically disadvantaged individual” means an individual who has been subjected to racial or ethnic prejudice or cultural bias (or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities, as compared to others in the same line of business and competitive market area) because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity.
(B)In carrying out this chapter, the Under Secretary shall presume that the term “socially or economically disadvantaged individual” includes any individual who is—
(i)Black or African American;
(ii)Hispanic or Latino;
(iii)American Indian or Alaska Native;
(iv)Asian;
(v)Native Hawaiian or other Pacific Islander; or
(vi)a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance.
(16)The term “specialty center” means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to—
(A)capital access;
(B)Federal procurement;
(C)entrepreneurship;
(D)technology transfer; or
(E)any other area determined necessary or appropriate based on the priorities of the Agency.
(17)The term “State” means—
(A)each of the States of the United States;
(B)the District of Columbia;
(C)the Commonwealth of Puerto Rico;
(D)the United States Virgin Islands;
(E)Guam;
(F)American Samoa;
(G)the Commonwealth of the Northern Mariana Islands; and
(H)each Tribal Government.
(18)The term “Tribal Government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of November 15, 2021, pursuant to section 5131 of title 25.
(19)The term “Under Secretary” means the Under Secretary of Commerce for Minority Business Development, who is appointed as described in section ___3(b) 11 So in original. See References in Text note below. to administer this chapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this division”, meaning div. K of Pub. L. 117–58, Nov. 15, 2021, 135 Stat. 1445, which is classified prinicpally to this chapter. For complete classification of division K to the Code, see

Short Title

note set out below and Tables. The Alaska Native Claims Settlement Act, referred to in par. (10)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 1601 of Title 43 and Tables. section ___3(b), referred to in par. (19), probably means subsec. (b) of section 100003 of Pub. L. 117–58, which is classified to section 9502 of this title.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 117–58, div. K, § 100001, Nov. 15, 2021, 135 Stat. 1445, provided that: “This division [enacting this chapter and amending section 5314 of Title 5, Government Organization and Employees] may be cited as the ‘Minority Business Development Act of 2021’.”

Reference

Citations & Metadata

Citation

15 U.S.C. § 9501

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73