Sec. 701. Definitions
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In this title: The term Agency means the Minority Business Development Agency of the Department of Commerce. The term Assistant Secretary means the Assistant Secretary of Commerce for Minority Business Development who is appointed as described in section 714(b) to administer this subtitle. The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. The term federally recognized area of economic distress means— a HUBZone, as that term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); an area that— has been designated as— an empowerment zone under section 1391 of the Internal Revenue Code of 1986; or a Promise Zone by the Secretary of Housing and Urban Development; or is a low or moderate income area, as determined by the Bureau of the Census; a qualified opportunity zone, as that term is defined in section 1400Z–1 of the Internal Revenue Code of 1986; or any other political subdivision or unincorporated area of a State determined by the Assistant Secretary to be an area of economic distress.
Subject to subparagraph (B), the term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term Indian Tribe includes a Native Hawaiian organization. The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term minority business enterprise means a for-profit business enterprise— that is not less than 51 percent-owned by 1 or more socially disadvantaged individuals; and the management and daily business operations of which are controlled by 1 or more socially disadvantaged individuals.
The term private sector entity — means an entity that is not a public sector entity; and does not include— the Federal Government; any Federal agency; or any instrumentality of the Federal Government. The term public sector entity means— a State; an agency of a State; a political subdivision of a State; or an agency of a political subdivision of a State. The term Secretary means the Secretary of Commerce. The term socially disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias 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.
In carrying out this subtitle, the Assistant Secretary shall presume that the term socially disadvantaged individual includes any individual who is— Black or African American; Hispanic or Latino; American Indian or Alaska Native; Asian; Native Hawaiian or other Pacific Islander; or a member of a group that the Minority Business Development 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.
The term State means— each of the States of the United States; the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; Guam; American Samoa; the Commonwealth of the Northern Mariana Islands; and each Indian Tribe.
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