For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
In addition to the criteria specified in paragraph (1), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(iii) is approved by the Administrator.
When establishing or approving any size standard pursuant to paragraph (2), the Administrator shall ensure that the size standard varies from industry to industry to the extent necessary to reflect the differing characteristics of the various industries and consider other factors deemed to be relevant by the Administrator.
Not later than 30 days after January 6, 2006, the Administrator shall review the application of size standards established pursuant to paragraph (2) to small business concerns that are performing contracts in qualified areas and determine whether it would be fair and appropriate to exclude from consideration in the average annual gross receipts of such small business concerns any payments made to such small business concerns by Federal agencies to reimburse such small business concerns for the cost of subcontracts entered for the sole purpose of providing security services in a qualified area.
(ii) provide a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives explaining in detail the basis for the determination by the Administrator that such an adjustment would not be fair and appropriate.
(iii) any foreign country which included a combat zone, as that term is defined in section 112(c)(2) of title 26, at the time of performance of the relevant Federal contract or subcontract.
The Administrator shall establish an alternative size standard for applicants for business loans under section 636(a) of this title and applicants for development company loans under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), that uses maximum tangible net worth and average net income as an alternative to the use of industry standards.
(ii) the average net income after Federal income taxes (excluding any carry-over losses) of the applicant for the 2 full fiscal years before the date of the application is not more than $5,000,000.
(D) the anticipated effect of the proposed rulemaking on the industry, including the number of concerns not currently considered small that would be considered small under the proposed rule making and the number of concerns currently considered small that would be deemed other than small under the proposed rulemaking.
In carrying out this subsection, the Administrator may establish or approve a single size standard for a grouping of 4-digit North American Industry Classification System codes only if the Administrator makes publicly available, not later than the date on which such size standard is established or approved, a justification demonstrating that such size standard is appropriate for each individual industry classification included in the grouping.
The Administrator shall not limit the number of size standards established pursuant to paragraph (2), and shall assign the appropriate size standard to each North American Industry Classification System Code.
A person may file a petition for reconsideration with the Office of Hearings and Appeals (as established under section 634(i) of this title) of a size standard revised, modified, or established by the Administrator pursuant to this subsection.
A person filing a petition for reconsideration described in subparagraph (A) shall file such petition not later than 30 days after the publication in the Federal Register of the notice of final rule to revise, modify, or establish size standards described in paragraph (6).
The Office of Hearings and Appeals shall use the same process it uses to decide challenges to the size of a small business concern to decide a petition for review pursuant to this paragraph.
The publication of a final rule in the Federal Register described in subparagraph (B) shall be considered final agency action for purposes of seeking judicial review. Filing a petition for reconsideration under subparagraph (A) shall not be a condition precedent to judicial review of any such size standard.
The Office of Hearings and Appeals shall begin accepting petitions for reconsideration described in subparagraph (A) after the date on which the Administration issues a rule or other guidance implementing this paragraph. Notwithstanding the provisions of subparagraph (B), petitions for reconsideration of size standards revised, modified, or established in a Federal Register final rule published between November 25, 2015, and the effective date of such rule or other guidance shall be considered timely if filed within 30 days of such effective date.
For purposes of this chapter, any reference to an agency or department of the United States, and the term "Federal agency", shall have the meaning given the term "agency" by section 551(1) of title 5, but does not include the United States Postal Service or the Government Accountability Office.
(1) For purposes of this chapter, a qualified employee trust shall be eligible for any loan guarantee under section 636(a) of this title with respect to a small business concern on the same basis as if such trust were the same legal entity as such concern.
(iv) all qualifying employer securities acquired by such trust in such purchase shall be allocated to the accounts of participants in such plan who are entitled to share in such allocation, and each participant has a nonforfeitable right, not later than the date such loan is repaid, to all such qualifying employer securities which are so allocated to the participant's account.
(C) in the case of a loan guarantee under section 636(a) of this title, such organization enters into an agreement with the Administration which is described in paragraph (2)(B).
For purposes of section 636 of this title, the term "qualified Indian tribe" means an Indian tribe as defined in section 5304(a) 1 of title 25, which owns and controls 100 per centum of a small business concern.
(3) which, in the production of commodities and in the provision of services during any fiscal year in which it received financial assistance under this subsection, employs handicapped individuals for not less than 75 per centum of the man-hours required for the production or provision of the commodities or services.
(2) who is a service-disabled veteran.
(8) engineering, architectural, consulting, or other professional services which are necessary or appropriate to aid citizens in using any of the measures described in paragraph (1) through (7).
(2) for the purposes of section 636(b) of this title, the availability of credit on reasonable terms and conditions from non-Federal sources taking into consideration the prevailing rates and terms in the community in or near where the applicant business concern transacts business, or the applicant homeowner resides, for similar purposes and periods of time.
For purposes of section 636 of this title, the term "homeowners" includes owners and lessees of residential property and also includes personal property.
For the purposes of this chapter, the term "small agricultural cooperative" means an association (corporate or otherwise) acting pursuant to the provisions of the Agricultural Marketing Act (12 U.S.C. 1141j), whose size does not exceed the size standard established by the Administration for other similar agricultural small business concerns. In determining such size, the Administration shall regard the association as a business concern and shall not include the income or employees of any member shareholder of such cooperative.
(1) For the purposes of this chapter, the term "disaster" means a sudden event which causes severe damage including, but not limited to, floods, hurricanes, tornadoes, earthquakes, fires, explosions, volcanoes, windstorms, landslides or mudslides, tidal waves, commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under section 4107(b) of title 16), ocean conditions resulting in the closure of customary fishing waters, riots, civil disorders or other catastrophes, except it does not include economic dislocations.
(C) ice storms and blizzards.
(B) any crime involving the illegal use of, or tampering with, a computer owned or utilized by a small business concern.
The term "prime contract" has the meaning given such term in section 8701(4) of title 41.
The term "prime contractor" has the meaning given such term in section 8701(5) of title 41.
The term "simplified acquisition threshold" has the meaning given such term in section 134 of title 41.
The term "micro-purchase threshold" has the meaning given such term in section 1902 of title 41.
The term "total purchases and contracts for property and services" shall mean total number and total dollar amount of contracts and orders for property and services.
(2) the management and daily business operations of the business are controlled by one or more women.
The term "bundled contract" means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements.
(D) any combination of the factors described in subparagraphs (A), (B), and (C).
The term "separate smaller contract", with respect to a bundling of contract requirements, means a contract that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns.
The term "HUBZone" means a historically underutilized business zone.
(iii) owned in part by 1 or more small agricultural cooperatives organized or incorporated in the United States, if all owners are small business concerns or United States citizens.
The term "qualified census tract" has the meaning given that term in section 42(d)(5)(B)(ii) of title 26.
(III) there is located a difficult development area, as designated by the Secretary of Housing and Urban Development in accordance with section 42(d)(5)(C)(iii) 3 of title 26, within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States.
(ii) 3 years after the date on which the census tract or nonmetropolitan county ceased to be so qualified.
(IV) a census tract or nonmetropolitan county the boundaries of which are contiguous to the area described in subclause (II) or subclause (III).
(II) if such area was treated as a HUBZone at any time after 2010, until such time as the Administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph (A) or (B), after the 2020 decennial census.
The term "census tract" means a census tract delineated by the United States Bureau of the Census in the most recent decennial census that is not located in a nonmetropolitan county and does not otherwise qualify as a qualified census tract.
The term "nonmetropolitan county" means a county that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of title 26) at the time of the most recent census taken for purposes of selecting qualified census tracts and does not otherwise qualify as a qualified nonmetropolitan county.
(II) in the case of a catastrophic incident, during the 10-year period beginning on the date on which the catastrophic incident occurred in the area in which the census tract or nonmetropolitan county, as applicable, is located.
A qualified disaster area described in clause (i) shall be treated as a HUBZone for a period of not less than 8 years, beginning on the date the Administrator makes a final determination as to whether or not to implement the designations described in subparagraphs (A) and (B) in accordance with the results of the decennial census conducted after the area was initially designated as a qualified disaster area.
(II) otherwise determined by the Administrator to be materially false.
(iii) be provided upon request to any Federal agency or other entity.
The term "Alaska Native Corporation" has the same meaning as the term "Native Corporation" in section 1602 of title 43.
The term "Alaska Native Village" has the same meaning as the term "Native village" in section 1602 of title 43.
(II) are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on December 21, 2000).
The term "agricultural commodity" has the same meaning as in section 5602 of title 7.
The term "service-disabled veteran" means a veteran with a disability that is service-connected (as defined in section 101(16) of title 38).
(ii) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(ii) in the case of a publicly owned business, not less than 51 percent of the stock (not including any stock owned by an ESOP) of which is owned by one or more such veterans.
(III) immediately prior to the death of such veteran, and during the period described in clause (ii), the small business concern is included in the database described in section 8127(f) of title 38.
(III) the date that is 10 years after the date of the death of the veteran.
(B) the management and daily business operations of which are controlled by one or more veterans.
The term "veteran" has the meaning given the term in section 101(2) of title 38.
(ii) was subject to the time limitation during such period of active duty.
Upon submission of proper documentation to the Administrator, the extension of a time limitation under subparagraph (A) shall be equal to the period of time that such veteran who owned or controlled such a concern was on active duty as described in that subparagraph.
The provisions of subparagraphs (A) and (B) shall not apply to any programs subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
The term "ESOP" has the meaning given the term "employee stock ownership plan" in section 4975(e)(7) of title 26.
The term "surviving spouse" has the meaning given such term in section 101(3) of title 38.
The term "small business lending company" means a business concern that is authorized by the Administrator to make loans pursuant to section 636(a) of this title and whose lending activities are not subject to regulation by any Federal or State regulatory agency.
(C) the lending activities of such concern are not regulated by any Federal banking authority.
In this chapter, the term "major disaster" has the meaning given that term in section 5122 of title 42.
In this chapter, the term "small business development center" means a small business development center described in section 648 of this title.
In this chapter, the term "region of the Administration" means the geographic area served by a regional office of the Administration established under section 633(a) of this title.
(2) any other indefinite delivery, indefinite quantity contract that is entered into by the head of a Federal agency with 2 or more sources pursuant to the same solicitation.
In every contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant which is set aside, reserved, or otherwise classified as intended for award to small business concerns, there shall be a presumption of loss to the United States based on the total amount expended on the contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant whenever it is established that a business concern other than a small business concern willfully sought and received the award by misrepresentation.
(A) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement reserved, set aside, or otherwise classified as intended for award to small business concerns.
(B) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement which in any way encourages a Federal agency to classify the bid or proposal, if awarded, as an award to a small business concern.
(C) Registration on any Federal electronic database for the purpose of being considered for award of a Federal grant, contract, subcontract, cooperative agreement, or cooperative research agreement, as a small business concern.
Each solicitation, bid, or application for a Federal contract, subcontract, or grant shall contain a certification concerning the small business size and status of a business concern seeking the Federal contract, subcontract, or grant.
A certification that a business concern qualifies as a small business concern of the exact size and status claimed by the business concern for purposes of bidding on a Federal contract or subcontract, or applying for a Federal grant, shall contain the signature of an authorized official on the same page on which the certification is contained.
The Administrator shall promulgate regulations to provide adequate protections to individuals and business concerns from liability under this subsection in cases of unintentional errors, technical malfunctions, and other similar situations.
Each business certified as a small business concern under this chapter shall annually certify its small business size and, if appropriate, its small business status, by means of a confirming entry on the Online Representations and Certifications Application database of the Administration, or any successor thereto.
(B) the requirements of this subsection are implemented in a manner presenting the least possible regulatory burden on small business concerns.
Not later than 1 year after September 27, 2010, the Administrator, in consultation with the Attorney General, shall issue a Government-wide policy on prosecution of small business size and status fraud, which shall direct Federal agencies to appropriately publicize the policy.
Subject to section 647(a) of this title and notwithstanding section 647(b)(1) of this title, the Administrator may provide disaster assistance under section 636(b)(2) of this title to aquaculture enterprises that are small businesses.
In this chapter, the term "venture capital operating company" means an entity described in clause (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code of Federal Regulations (or any successor thereto).
In this chapter, the term "hedge fund" has the meaning given that term in section 1851(h)(2) of title 12.
In this chapter, the term "private equity firm" has the meaning given the term "private equity fund" in section 1851(h)(2) of title 12.
The term "subcontract" means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken.
The term "first tier subcontractor" means a subcontractor who has a subcontract directly with the prime contractor.
The term "at any tier" means any subcontractor other than a subcontractor who is a first tier subcontractor.
In this chapter, the term "Puerto Rico business" means a small business concern that has its principal office located in the Commonwealth of Puerto Rico.
In this chapter, the term "qualified HUBZone small business concern" has the meaning given such term in section 657a(b) of this title."
See 2017 Amendment notes below.
The Small Business Investment Act of 1958, referred to in subsec. (a)(5), is Pub. L. 85–699, Aug. 21, 1958, 72 Stat. 689 . Title V of the Act is classified generally to subchapter V (§695 et seq.) of chapter 14B of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.
The Agricultural Marketing Act (12 U.S.C. 1141j), referred to in subsec. (j), is act June 15, 1929, ch. 24, 46 Stat. 11 , which is classified generally to chapter 7A (§1141 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1141j(e) of Title 12 and Tables.
The Community Economic Development Act of 1981, referred to in subsec. (p)(3)(E)(i), is subchapter A (§§611–633) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 489 . Part 1 of subchapter A of the Act is classified generally to part A (§9805 et seq.) of subchapter I of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables.
The Puerto Rico Oversight, Management, and Economic Stability Act, referred to in subsec. (p)(4)(A)(ii)(II), is Pub. L. 114–187, June 30, 2016, 130 Stat. 549 , which is classified principally to chapter 20 (§2101 et seq.) of Title 48, Territories and Insular Possessions. For complete classification of this Act to the Code, see Short Title note set out under section 2101 of Title 48 and Tables.
Subpar. (C) of section 42(d)(5) of title 26, referred to in subsec. (p)(4)(B)(i), (ii)(III), was redesignated (B) by Pub. L. 110–289, div. C, title I, §3003(g)(3), July 30, 2008, 122 Stat. 2882 .
The Federal Credit Reform Act of 1990, referred to in subsec. (q)(5)(C), is title V of Pub. L. 93–344, as added by Pub. L. 101–508, title XIII, §13201(a), Nov. 5, 1990, 104 Stat. 1388–609 , which is classified generally to subchapter III (§661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
In subsec. (m), "section 134 of title 41" substituted for "section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.
In subsec. (v)(1), "sections 4101, 4103, 4105, and 4106 of title 41" substituted for "sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k)" on authority of Pub. L. 111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854 , which Act enacted Title 41, Public Contracts.
Prior similar provisions were contained in section 203 of act July 30, 1953, ch. 282, title II, 67 Stat. 233 , which was previously classified to this section. See Codification note set out under section 631 of this title.
2018-Subsec. (a)(2)(C)(ii)(II). Pub. L. 115–324 substituted "5 years" for "3 years".
Subsec. (c)(2)(A)(ii). Pub. L. 115–232, §862(h), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: "which provides that each participant in the plan is entitled to direct the plan as to the manner in which voting rights under qualifying employer securities (as defined in section 4975(e)(8) of title 26) which are allocated to the account of such participant are to be exercised with respect to a corporate matter which (by law or charter) must be decided by a majority vote of outstanding common shares voted; and".
Subsec. (h). Pub. L. 115–189, §4(a)(1), added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: "For purposes of this chapter the term 'credit elsewhere' means the availability of credit from non-Federal sources on reasonable terms and conditions taking into consideration the prevailing rates and terms in the community in or near where the concern transacts business, or the homeowner resides, for similar purposes and periods of time."
Subsec. (r)(2). Pub. L. 115–189, §3(e), substituted "regulated lender" for "regulated SBA lender" in heading and text.
Subsec. (ee). Pub. L. 115–232, §861(a), added subsec. (ee).
2017-Subsec. (m). Pub. L. 115–91, §1702(b), amended subsec. (m) generally. Prior to amendment, text defined the term "simplified acquisition threshold".
Subsec. (p). Pub. L. 115–91, §1701(a)(2), (3), added subsec. (p) and redesignated and transferred former subsec. (p) of this section to subsec. (b) of section 657a of this title.
2016-Subsec. (a)(1). Pub. L. 114–328, §1831(b), substituted "operation" for "operation: Provided, That notwithstanding any other provision of law, an agricultural enterprise shall be deemed to be a small business concern if it (including its affiliates) has annual receipts not in excess of $750,000".
Subsec. (a)(9)(E). Pub. L. 114–328, §1833(b), added subpar. (E).
Subsec. (p)(4)(A). Pub. L. 114–187 amended subpar. (A) generally. Prior to amendment, text read as follows: "The term 'qualified census tract' has the meaning given that term in section 42(d)(5)(C)(ii) of title 26."
"(B) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran."
Subsec. (q)(6), (7). Pub. L. 114–328, §1832(a)(2), added pars. (6) and (7).
2015-Subsec. (a)(9). Pub. L. 114–92, §869(b), added par. (9).
Subsec. (p)(1)(F). Pub. L. 114–92, §866(a)(1), added subpar. (F).
Subsec. (p)(3)(D) to (F). Pub. L. 114–92, §866(a)(2), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.
Subsec. (p)(4)(D). Pub. L. 114–92, §866(a)(3)(A), amended subpar. (D) generally, substituting new definition of "base closure area" for prior definition which consisted of provisions similar to those in new cl. (i)(I).
Subsec. (p)(4)(E). Pub. L. 114–92, §866(a)(3)(B), added subpar. (E).
Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 114–92, §866(a)(4)(A), substituted "subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (3)" for "subparagraph (A), (B), (C), (D), or (E) of paragraph (3)" and struck out "or" at end.
Subsec. (p)(5)(A)(i)(I)(bb), (cc). Pub. L. 114–92, §866(a)(4)(B), (C), added item (bb) and redesignated former item (bb) as (cc).
2013-Pub. L. 112–239, §1661(1), inserted section catchline.
Subsec. (a). Pub. L. 112–239, §1661(2)(A), inserted heading.
Subsec. (a)(1), (3). Pub. L. 112–239, §1661(2)(B), (C), inserted heading.
Subsec. (a)(5). Pub. L. 112–239, §1661(2)(D), realigned margins.
Subsec. (a)(6) to (8). Pub. L. 112–239, §1661(2)(E), added pars. (6) to (8).
"(cc) in the case of a contract for the procurement by the Secretary of Agriculture of agricultural commodities, none of the commodity being procured will be obtained by the prime contractor through a subcontract for the purchase of the commodity in substantially the final form in which it is to be supplied to the Government; and".
"The Administrator may utilize a percentage other than the percentage specified in item (aa) or (bb) of subparagraph (A)(i)(III), if the Administrator determines that such action is necessary to reflect conventional industry practices among small business concerns that are below the numerical size standard for businesses in that industry category.
"The Administrator shall promulgate final regulations imposing requirements that are similar to those specified in items (aa) and (bb) of subparagraph (A)(i)(III) on contracts for general and specialty construction, and on contracts for any other industry category that would not otherwise be subject to those requirements. The percentage applicable to any such requirement shall be determined in accordance with subparagraph (B)."
Subsec. (dd). Pub. L. 113–66 added subsec. (dd).
2011-Subsecs. (aa) to (cc). Pub. L. 112–81 added subsecs. (aa) to (cc).
2010-Subsec. (a)(5). Pub. L. 111–240, §1116, added par. (5).
Subsecs. (t), (u). Pub. L. 111–240, §1202(b)(1), added subsecs. (t) and (u).
Subsec. (v). Pub. L. 111–240, §1311, added subsec. (v).
Subsec. (w). Pub. L. 111–240, §1341, added subsec. (w).
Subsec. (x). Pub. L. 111–240, §1342, added subsec. (x).
Subsec. (y). Pub. L. 111–240, §1343(b), added subsec. (y).
Subsec. (z). Pub. L. 111–240, §1501, added subsec. (z).
2008-Subsec. (k)(2)(C). Pub. L. 110–246, §12071, added subpar. (C).
Subsec. (q)(5). Pub. L. 110–186 added par. (5).
Subsec. (s). Pub. L. 110–246, §12063(c)(1), added subsec. (s).
2006-Subsec. (a)(4). Pub. L. 109–163, §844, added par. (4).
Subsec. (k). Pub. L. 109–163, §845(a)(1), designated existing provisions as par. (1) and added par. (2).
2005-Subsec. (p)(4)(B)(ii)(III). Pub. L. 109–59 added subcl. (III).
2004-Subsec. (b). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Subsec. (j). Pub. L. 108–447, §151(b), struck out "of section 636(b)(2)" after "For the purposes".
Subsec. (p)(1)(E). Pub. L. 108–447, §152(a)(1), added subpar. (E).
Subsec. (p)(3)(A). Pub. L. 108–447, §151(a)(1)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "a small business concern that is owned and controlled by one or more persons, each of whom is a United States citizen;".
Subsec. (p)(3)(E). Pub. L. 108–447, §151(a)(1)(B)–(D), added subpar. (E).
Subsec. (p)(4)(B)(ii)(II). Pub. L. 108–447, §152(b), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "the unemployment rate is not less than 140 percent of the Statewide average unemployment rate for the State in which the county is located, based on the most recent data available from the Secretary of Labor."
for "only for the 3-year period following".
Subsec. (p)(4)(D). Pub. L. 108–447, §152(a)(3), added subpar. (D).
Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 108–447, §151(a)(2), substituted "(C), (D), or (E)" for "or (D)".
Subsec. (r). Pub. L. 108–447, §162, added subsec. (r).
2000-Subsec. (a)(1). Pub. L. 106–554, §1(a)(9) [title VIII, §806(b)], substituted "$750,000" for "$500,000".
Subsec. (p)(1)(D). Pub. L. 106–554, §1(a)(9) [title VI, §613(1)], added subpar. (D).
Subsec. (p)(3). Pub. L. 106–554, §1(a)(9) [title VI, §602], amended heading and text of par. (3) generally, substituting present provisions for provisions which had defined "HUBZone small business concern" as a small business concern that is owned and controlled by 1 or more persons, each of whom is a United States citizen, and the principal office of which is located in a HUBZone.
Subsec. (p)(3)(D). Pub. L. 106–554, §1(a)(9) [title VI, §614(1)], added subpar. (D).
Subsec. (p)(4)(A). Pub. L. 106–554, §1(a)(9) [title VI, §611(a)], substituted "section 42(d)(5)(C)(ii)" for "section 42(d)(5)(C)(ii)(I)".
"(ii) that, based on the most recent data available from the Secretary of Labor, has an unemployment rate that is not less than 140 percent of the statewide average unemployment rate for the State in which the county is located."
Subsec. (p)(4)(C). Pub. L. 106–554, §1(a)(9) [title VI, §613(2)], added subpar. (C).
Subsec. (p)(5)(A)(i)(I). Pub. L. 106–554, §1(a)(9) [title VI, §603(a)], added subcl. (I) and struck out former subcl. (I) which read as follows: "it is a HUBZone small business concern;".
Subsec. (p)(5)(A)(i)(I)(aa). Pub. L. 106–554, §1(a)(9) [title VI, §614(2)], substituted "subparagraph (A), (B), or (D)" for "subparagraph (A) or (B)".
Subsec. (p)(5)(A)(i)(II). Pub. L. 106–554, §1(a)(9) [title VI, §603(a)], added subcl. (II) and struck out former subcl. (II) which read as follows: "not less than 35 percent of the employees of the small business concern reside in a HUBZone, and the small business concern will attempt to maintain this employment percentage during the performance of any contract awarded to the small business concern on the basis of a preference provided under section 657a(b) of this title; and".
Subsec. (p)(5)(A)(i)(III)(cc). Pub. L. 106–554, §1(a)(9) [title VI, §612(b)(1)], added item (cc).
Subsec. (p)(5)(C). Pub. L. 106–554, §1(a)(9) [title VI, §615(a)], which directed amendment of subpar. (C) by substituting "items (aa) and (bb) of subparagraph (A)(i)(III)" for "subclause (IV) and (V) of subparagraph (A)(i)", was executed by making the substitution for "subclauses (IV) and (V) of subparagraph (A)(i)", to reflect the probable intent of Congress.
Subsec. (p)(5)(D)(i). Pub. L. 106–554, §1(a)(9) [title VI, §603(b)], inserted "once the Administrator has made the certification required by subparagraph (A)(i) regarding a qualified HUBZone small business concern and has determined that subparagraph (A)(ii) does not apply to that concern," before "include".
Subsec. (p)(6). Pub. L. 106–554, §1(a)(9) [title VI, §604], added par. (6).
Subsec. (p)(7). Pub. L. 106–554, §1(a)(9) [title VI, §612(b)(2)], added par. (7).
1999-Subsec. (f). Pub. L. 106–50, §401(a), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "For purposes of section 636 of this title, the term 'handicapped individual' means a person who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable."
Subsec. (q). Pub. L. 106–50, §103(a), added subsec. (q).
1997-Subsec. (o). Pub. L. 105–135, §412, added subsec. (o).
Subsec. (p). Pub. L. 105–135, §602(a), added subsec. (p).
1996-Subsec. (k). Pub. L. 104–208 inserted "commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under section 4107(b) of title 16)," after "tidal waves,".
"(C) is approved by the Administrator."
Subsec. (m). Pub. L. 103–355, §4404(a), substituted " 'simplified acquisition threshold' " for " 'small purchase threshold' ".
Subsec. (n). Pub. L. 103–355, §7106(d), added subsec. (n).
1992-Subsec. (a). Pub. L. 102–366 added pars. (2) and (3) and struck out at end of par. (1) "In addition to the foregoing criteria the Administrator, in making a detailed definition, may use these criteria, among others: Number of employees and dollar volume of business: Provided, That the Administration shall not promulgate, amend, or rescind any rule [or] regulation with respect to size standards prior to March 31, 1981. Where the number of employees is used as one of the criteria in making such definition for any of the purposes of this chapter, the maximum number of employees which a small-business concern may have under the definition shall vary from industry to industry to the extent necessary to reflect differing characteristics of such industries and to take proper account of other relevant factors."
1990-Subsec. (m). Pub. L. 101–510 added subsec. (m).
1988-Subsec. (a). Pub. L. 100–656 struck out pars. (2) to (5) which established a program for review of size standards for eligibility of business concerns in certain industry categories for a procurement restricted to small business concerns under section 637(a) or 644(a) of this title and provided for adjustment of those standards and periodic review of the program.
Pub. L. 100–456 inserted provisions in par. (4)(C) respecting applicability of regulations to contracts entered into on or after Oct. 1, 1988.
Subsecs. (j) to (l). Pub. L. 100–590 added subsec. (k) and redesignated subsec. (j), defining "computer crime", as (l).
1987-Subsec. (a)(3). Pub. L. 100–26, §10(b)(2)(A), substituted "dollar value of the contracts to be awarded in that industry category" for "value of contracts to be awarded under such sections".
Subsec. (a)(4)(A)(i). Pub. L. 100–26, §10(b)(2)(B), substituted "paragraph (3)" for "paragraph (3)(A)".
Subsec. (a)(5). Pub. L. 100–26, §10(b)(2)(C), substituted "shall be made not later than 180 days after the end of each such" for "made with the expiration of 180 days after each".
1986-Subsec. (a). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 amended subsec. (a) identically designating existing provision as par. (1) and adding pars. (2) to (5).
Pub. L. 99–272 inserted proviso that notwithstanding any other provision of law, an agricultural enterprise shall be deemed to be a small business concern if it, including its affiliates, has annual receipts not in excess of $500,000.
Subsec. (c)(2)(A), (3)(B)(i), (iv). Pub. L. 99–514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954", which for purposes of codification was translated as "title 26" thus requiring no change in text.
1984-Subsec. (j). Pub. L. 98–473 in subsec. (j) added by Pub. L. 98–270 substituted "as a business concern and shall not include the income or employees of any member shareholder of such cooperative" for "as an entity and shall not include the income or employees of any member shareholder of such cooperative: Provided, That such an association shall not be deemed to be a small agricultural cooperative unless each member of the board of directors of the association, or each member of the governing body of the association if it is not incorporated, also individually qualifies as a small business concern".
Pub. L. 98–362 added subsec. (j) defining "computer crime".
Pub. L. 98–270 added subsec. (j) defining "small agricultural cooperative".
1981-Subsecs. (d) to (i). Pub. L. 97–35 added subsecs. (d) to (i).
1980-Subsec. (a). Pub. L. 96–481, in the additional criteria inserted proviso that the Administration shall not promulgate, amend, or rescind any rule or regulation with respect to size standards prior to March 31, 1981.
Subsec. (c). Pub. L. 96–302 added subsec. (c).
1978-Pub. L. 95–507 designated existing provisions as subsec. (a) and added subsec. (b).
1976-Pub. L. 94–305 inserted reference to enterprises that are engaged in business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries.
Amendment by section 1701 of Pub. L. 115–91 effective Jan. 1, 2020, see section 1701(j) of Pub. L. 115–91, set out as a note under section 657a of this title.
Pub. L. 114–328, div. A, title XVIII, §1832(e), Dec. 23, 2016, 130 Stat. 2660 , provided that: "The amendments made by subsections (a), (b), (c), and (d) [amending this section, section 637 of this title, and section 8127 of Title 38, Veterans' Benefits] shall take effect on the date on which the Administrator of the Small Business Administration and the Secretary of Veterans Affairs jointly issue regulations implementing such sections [probably should be "subsections"] [regulations effective Oct. 1, 2018, see 83 F.R. 48908]."
Pub. L. 114–92, div. A, title VIII, §866(b), Nov. 25, 2015, 129 Stat. 931 , provided that: "The amendments made by subsection (a)(3)(B) [amending this section] shall apply to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or a catastrophic incident that occurs on or after the date of enactment of such subsection [Nov. 25, 2015]."
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of this title.
Pub. L. 104–208, div. D, title I, §104(b)(2), Sept. 30, 1996, 110 Stat. 3009–731 , provided that: "The amendment made by paragraph (1) [amending this section] shall be effective with respect to any disaster occurring on or after March 1, 1994."
For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 2302 of Title 10, Armed Forces.
Pub. L. 100–26, §12(c), Apr. 21, 1987, 101 Stat. 289 , provided that: "The amendments made by sections 5 [amending section 2365 of Title 10, Armed Forces, and amending provisions set out as notes under sections 1621, 2326, and 2437 of Title 10] and 10 [amending this section, sections 637 and 644 of this title, and provisions set out as a note under this section] shall apply as if included in each instance of the Defense Acquisition Improvement Act (as specified in section 2) [title X of section 101(c) of Pub. L. 99–500 and Pub. L. 99–591, and title IX of div. A of Pub. L. 99–661] when each was enacted [Oct. 18, 1986, Oct. 30, 1986, and Nov. 14, 1986, respectively]."
"(g) Effective Dates.-Except as otherwise provided in subsection (h), the amendments made by this section [amending this section and sections 637 and 644 of this title and enacting provisions set out as notes below] shall take effect on October 1, 1987.
"(h) Initial Review of Size Standards.-(1) Paragraph (2) of section 3(a) of the Small Business Act (as added by subsection (f)) [15 U.S.C. 632(a)(2)] shall take effect on the date of the enactment of this Act [Oct. 18, 1986].
"(2) The first review conducted by the Administrator under such paragraph shall review the periods beginning on October 1, 1983, and ending on September 30, 1986, and shall be completed not later than 180 days after the date of the enactment of this Act.
"(3) If the Administrator of the Small Business Administration determines, on the basis of the review referred to in paragraph (2), that contracts awarded under the set-aside programs under sections 8(a) and 15(a) of the Small Business Act [15 U.S.C. 637(a), 644(a)] in any industry category subject to that review exceed 30 percent of the dollar value of the total contract awards for that industry category, as determined in accordance with the last sentence of section 15(a)(3) of such Act, the Administrator shall propose adjustments to the size standards for such industry category establishing eligibility for a set-aside program to a size that will likely reduce the number of contracts which may be set aside to approximately 30 percent of the dollar value of the contracts to be awarded in that industry category. The Administrator shall publish proposed regulations, including any revised size standards, in the Federal Register by November 30, 1987, or the date of enactment of the National Defense Authorization Act for Fiscal Years 1988 and 1989 [Pub. L. 100–180, Dec. 4, 1987], whichever is later. The proposed regulations shall provide not less than 60 days for public comment. The Administrator shall issue final regulations not later than May 31, 1988.
Pub. L. 98–270, title III, §312, Apr. 18, 1984, 98 Stat. 161 , provided that: "The amendments made by sections 310 and 311 of this title [amending this section and section 636 of this title] shall apply to loans granted on the basis of any disaster with respect to which a declaration has been issued after September 1, 1982, under section 7(b)(2) (A), (B), or (C) of the Small Business Act [15 U.S.C. 636(b)(2)(A), (B), (C)] or with respect to which a certification has been made after such date under section 7(b)(2)(D) of such Act."
Pub. L. 98–270, title III, §313, Apr. 18, 1984, 98 Stat. 162 , provided that: "This title [amending this section and sections 633, 636, and 647 of this title, enacting provisions set out as notes under sections 632 and 636 of this title, and amending provisions set out as a note under section 631 of this title] shall take effect October 1, 1983."
Amendment by Pub. L. 98–362 effective Oct. 1, 1984, see section 7(a) of Pub. L. 98–362, set out as an Effective and Termination Dates of 1984 Amendments note under section 633 of this title.
Amendment by Pub. L. 96–302 effective Oct. 1, 1980, see section 507 of Pub. L. 96–302, set out as a note under section 631 of this title.
Pub. L. 114–328, div. A, title XVIII, §1835, Dec. 23, 2016, 130 Stat. 2662 , provided that: "Not later than 180 days after the date of enactment of this Act [Dec. 23, 2016], the Administrator of the Small Business Administration and the Secretary of Veterans Affairs shall issue guidance pertaining to the amendments made by this title [see Tables for classification] to the Small Business Act [15 U.S.C. 631 et seq.] and section 8127 of title 38, United States Code. The Administrator and the Secretary shall provide notice and opportunity for comment on such guidance for a period of not less than 60 days."
Pub. L. 114–187, title IV, §412(a)(2), June 30, 2016, 130 Stat. 595 , provided that: "The Administrator of the Small Business Administration shall issue regulations to implement the amendment made by paragraph (1) [amending this section] not later than 90 days after the date of the enactment of this Act [June 30, 2016]."
Pub. L. 112–239, div. A, title XVI, §1696(c), Jan. 2, 2013, 126 Stat. 2091 , provided that: "Not later than 180 days after the date of enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall issue guidance with respect to the changes made to the Small Business Act [15 U.S.C. 631 et seq.] by the amendments in this subtitle [subtitle C (§§1621–1699a) of title XVI of div. A of Pub. L. 112–239, see Tables for classification], with opportunities for notice and comment."
Pub. L. 109–163, div. A, title VIII, §845(d), Jan. 6, 2006, 119 Stat. 3391 , provided that: "Not later than 45 days after the date of enactment of this Act [Jan. 6, 2006], the Administrator of the Small Business Administration shall promulgate final rules to carry out this section [amending this section and section 636 of this title] and the amendments made by this section."
"(a) In General.-Not later than 180 days after the date of enactment of this Act [Dec. 2, 1997], the Administrator shall publish in the Federal Register such final regulations as may be necessary to carry out this title [see Short Title of 1997 Amendment note set out under section 631 of this title] and the amendments made by this title.
"(b) Federal Acquisition Regulation.-Not later than 180 days after the date on which final regulations are published under subsection (a), the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation in order to ensure consistency between the Federal Acquisition Regulation, this title and the amendments made by this title, and the final regulations published under subsection (a)."
"(1) In general.-Not later than 180 days after the date of enactment of this Act [Sept. 4, 1992], the Administrator of the Small Business Administration shall issue proposed regulations to implement the amendments made by subsection (a) [amending this section]. Final regulations shall be issued not later than 270 days after such date of enactment.
"(2) Listing of additional size standards.-The regulations required by paragraph (1) shall include a listing of all small business size standards prescribed by statute or by individual Federal departments and agencies, identifying the programs or purposes to which such size standards apply."
"(1) Requirement for plan.-Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2013], the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall submit to the Committee on Small Business and the Committee on Armed Services of the House of Representatives and the Committee on Small Business and Entrepreneurship and the Committee on Armed Services of the Senate a plan to implement this section [amending this section and section 637 of this title] and the amendments made by this section. The plan shall contain assurances that the appropriate tracking mechanisms are in place to enable transparency of subcontracting activities at all tiers.
"(2) Completion of plan actions.-Not later than one year after the date of the enactment of this Act, the Administrator of the Small Business Administration, the Secretary of Defense, and the Administrator of General Services shall complete the actions required by the plan.
"(3) Regulations.-No later than 18 months after the date of the enactment of this Act, the Administrator of the Small Business Administration shall promulgate any regulations necessary, and the Federal Acquisition Regulation shall be revised, to implement this section and the amendments made by this section.
"(4) Applicability.-Any regulations promulgated pursuant to paragraph (3) shall apply to contracts entered into after the last day of the fiscal year in which the regulations are promulgated."
Pub. L. 112–239, div. A, title XVI, §1681(c), Jan. 2, 2013, 126 Stat. 2086 , provided that: "Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall issue (pursuant to section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 [Pub. L. 104–121; 5 U.S.C. 601 note]) a compliance guide to assist business concerns in accurately determining their status as a small business concern."
"(a) In General.-Except as provided in subsection (b), nothing in section 1111 [amending section 636 of this title and enacting provisions set out as a note under section 636 of this title], 1112 [amending section 696 of this title], 1113 [amending section 636 of this title], 1114 [124 Stat. 2508], 1115 [amending section 689d of this title], 1116 [amending this section], 1117 [amending section 634 of this title], 1118 [124 Stat. 2509], 1122 [amending section 696 of this title and enacting provisions set out as a note under section 696 of this title], or 1131 [amending section 636 of this title and enacting provisions set out as notes under section 636 of this title], or an amendment made by such sections, shall be construed to limit the ability of Congress to appropriate funds.
"(1) In general.-Any covered amounts may not be used to carry out section 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1122, or 1131, or an amendment made by such sections.
"(B) any revenue increase attributable to any amendment to the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] made during the period beginning on the date of enactment of this Act [Sept. 27, 2010] and ending on December 31, 2010."
Pub. L. 114–328, div. A, title XVIII, §1831(c), Dec. 23, 2016, 130 Stat. 2658 , provided that: "Size standards established for agricultural enterprises under section 3(a) of the Small Business Act (15 U.S.C. 632(a)) shall be subject to the rolling review procedures established under section 1344(a) of the Small Business Jobs Act of 2010 [Pub. L. 111–240] (15 U.S.C. 632 note) [set out below]."
"(ii) adjusted or did not adjust each size standard that was reviewed under the review.
"(2) Complete review of size standards.-The Administrator shall ensure that each size standard for small business concerns established under section 3(a)(2) of the Small Business Act (15 U.S.C. 632(a)(2)) is reviewed under paragraph (1) not less frequently than once every 5 years.
"(b) Rules.-Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Administrator shall promulgate rules for conducting the reviews required under subsection (a)."
"(a) Definition.-In this section, the term 'covered base closure area' means a base closure area that, on or before the date of enactment of this Act [Jan. 2, 2013], was treated as a HUBZone for purposes of the Small Business Act (15 U.S.C. 631 et seq.) pursuant to section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 [Pub. L. 108–447] (15 U.S.C. 632 note).
"(1) In general.-Subject to paragraph (2), a covered base closure area shall be treated as a HUBZone for purposes of the Small Business Act (15 U.S.C. 631 et seq.) during the 5-year period beginning on the date of enactment of this Act.
"(2) Limitation.-The total period of time that a covered base closure area is treated as a HUBZone for purposes of the Small Business Act (15 U.S.C. 631 et seq.) pursuant to this section and section 152(a)(2) of the Small Business Reauthorization and Manufacturing Assistance Act of 2004 (15 U.S.C. 632 note) may not exceed 5 years."
Pub. L. 108–447, div. K, title I, §152(a)(2), Dec. 8, 2004, 118 Stat. 3457 , provided that: "A base closure area that has undergone final closure shall be treated as a HUBZone for purposes of the Small Business Act [15 U.S.C. 631 et seq.] for a period of 5 years."
The last sentence of section 732 of Pub. L. 100–656 which provided that any numerical size standard that pertained to any of the designated industry groups, and that was in effect on Sept. 30, 1988, was to remain in effect for the duration of the Program, was repealed by Pub. L. 103–160, div. A, title VIII, §850(1), Nov. 30, 1993, 107 Stat. 1726 .
Section 101(c) [title X, §921(i)] of Pub. L. 99–500 and Pub. L. 99–591, and section 921(i) of title IX, formerly title IV, of Pub. L. 99–661; renumbered title IX, Pub. L. 100–26, §3(5), Apr. 21, 1987, 101 Stat. 273 , directed Administrator of the Small Business Administration, not later than July 15, 1987, to submit to Congress a report on the amendments to sections 632, 637, and 644 of this title made by this section which was to include Administrator's views on the advisability and feasibility of implementing such amendments, Administrator's findings and determinations under the review of size standards for businesses that qualify as small businesses carried out pursuant to 15 U.S.C. 632(a)(2)(B), a determination of whether or not the amendments to section 632 of this title would further the interests of the set-aside program, and recommendations for furthering certain interests in a more efficient or effective manner than provided in such amendments.
"(2) the term 'small business concern' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632)."
1 So in original. Probably should be a reference to subsec. "(e)" of section 5304, which defines Indian tribe.
2 So in original. No par. (2) has been enacted.


text:
The Name of Jesus – My Father's Place – A ministry without walls, proclaiming Jesus Christ to the world.
Steadfast and immovable! Standing firm! Nothing and no one able to sway you or move you from your faith in Jesus Christ and God’s promises!
Superabounding, excelling in the work of the Lord, proclaiming Jesus Christ! His glorious, powerful, life-giving work!
Going and making disciples of all men, teaching them to obey Christ (Matthew 28:19-20)!
Healing the sick, raising the dead, cleansing the lepers, casting out demons (Matthew 10:8)!
When you yourself have been filled with the Holy Spirit, laying hands on your fellow believers, so they are filled with the Holy Spirit (Acts 19:6).
If you are steadfast and immovable, you know without a doubt that this great labor in the Lord is not in vain. You won’t come to Him empty-handed, but bearing the fruit of His works in you and through you!
What rewards there are to those who remain steadfast and immovable?
Revelation 3:8-10 — You have a little power, you have kept His word, you have not denied His name. You are a faithful representative of Him, walking in this world like Him. You have kept the word of His steadfastness. You are steadfast, immovable, always superabounding in this work!
So Jesus Christ puts before you a door for you which no one can shut. It is a door that opens into great and effective work for Him. And false teachers will come and bow down at your feet. Jesus will make them know that He has loved you.
And you will not have to endure what those who reject Him and deny Him will endure. He will keep you, guard you, be a fortress around you! You will be protected from that hour!
And because you remain steadfast and immovable, even if your body dies before Jesus Christ returns, it will be resurrected when that trumpet sounds (1Corinthians 15:50-57)! Death has no victory! Death has no sting!
Therefore, be steadfast, Paul exhorts! Immovable! Against what? Is there something that could move you? What is the “therefore” there for?
Many winds of false teaching swirled around the Corinthians, and swirl around us today.
Great waves are stirred up by these winds, and if we are children and not mature in our faith, we will be tossed here and there, just as some of the Corinthians and Ephesians were (see Ephesians 4:14). But Jesus Christ will change us from children to adults, when we ask Him to make a 24/7 connection between us and the Father and the Son, by the Holy Spirit!
Back in 1Corinthians 15, deceitful teachers tried to convince the Corinthians that there is no resurrection of the dead (15:12).
So, they said, you don’t have to walk as Jesus walked when he was on the earth. Live the way you want to live. Eat, drink and be merry, for tomorrow you die (15:32).
I tell you, the devil is at work. His goal is to kill you, to steal what God has given you, to destroy you, so you perish with him eternally (see John 10:10). Don’t let him get you!
BECOME steadfast, immovable! How? Ask Him to do it in you!
Christ has come that you may have superabundant life — His life, His eternal life (John 10:10)! Superabundant life that overflows, that becomes a rushing, flood-stage river of living water!
Paul said it was the risen Christ and not human reasoning that motivated him to fight with the demons that were in Ephesus.
He knew without a doubt that when men are delivered and saved, THEY will know without a doubt that Jesus Christ is Lord and that their own resurrection is sure! His labor was not in vain!
But some of the Corinthians were yet children, just as with some Christians today. They continued to live wildly, for which Corinth was world-renowned. Eat, drink and be merry!
Paul warns them and you today, to stop listening to false teachers who say you can do what you want — God’s grace covers you! Hyper-grace! Cheap grace! Shall we continue to sin so grace may increase? May it never be (Romans 6:1-2)!
Ah! That’s the key! When you are filled with the Holy Spirit, you won’t be a child any more, and the process of becoming more like Jesus will go into hyperdrive!
In Verse 34, Paul tells the Corinthians (and you), to become sober-minded (rouse yourself out of your stupor! Wake up! If some need to become, they are not yet!
They and you need to “become!” Stop sinning!
Those false teachers have no knowledge of God, no intimacy with Him, or they would never teach that you can sin and still be fine with God! Paul spoke it to the shame of those who listened to such ones. And the same goes for you, beloved!
Ask God the Father to fill you with His Holy Spirit, and He will give you discernment so you will run from the strangers, the hirelings the false teachers who are in it for personal gain. You will hear and heed the voice of the Good Shepherd (see John 10)!
2Peter 3:17 You therefore, beloved, knowing this beforehand, be on your guard so that you are not carried away by the error of unprincipled men and fall from your own steadfastness, 18 but grow in the grace and knowledge of our Lord and Savior Jesus Christ. To Him be the glory, both now and to the day of eternity. Amen.
You will ever increase in Christlikeness!
You will remain steadfast and immovable, knowing without a doubt that when you proclaim Jesus (which is your work in the Lord), your work will bear the fruit of deliverance for many!
And you will know without a doubt that you will be with the Lord forever! And ever! And ever! And ever! Amen!
Word: The Lord is setting the stage for revival. It’s time to pray!
Spoken to: The remnant that returned from Babylon to rebuild Jerusalem and the Temple. Zechariah and Haggai prophesied to the rebuilders, encouraging them (Ezra 5:1, 6:4), for their natural AND spiritual restoration!
v. 1 Ask rain from the Lord at the time of the spring rain — it is spring, as of today!
— Ask rain not from man, but from the Lord! He is the only One who has what we need — His life, His heart, His love and His power in us!
Showers of blessing (Ezekiel 34:26)!
— And we who are His people will be fruitful and have abundance once again. What abundance? The Holy Spirit. What fruit? His fruit. When His fruit is manifested, many souls will be saved.
Rain represents blessing and revival. The need to pray for it means something has been amiss between God and us. The next verse tells us what is amiss.
— We have looked to dead, inanimate things that cannot answer us (Psalm 115:4-8), rather than to the living God. We have listened to ear ticklers, so we are wandering sheep without a shepherd. We have not heeded the voice of the Good Shepherd.
v. 3b But the Lord has visited his flock! He is our true Shepherd!
— Why does He use the past tense? Because in heaven, where He dwells, He sees the end, and He sees the beginning. He sits above time, so He says He has visited, even before we see that He has visited.
— Visit means He will go to see, avenge, care for, deliver to keep, and remember!
When we went astray, He left us to our own devices. But He has not forgotten us. At the appointed time, He returns to us — that’s what “remembered” means.
— He will make us like HIS majestic horse in battle.
— Horses were a superior instrument of warfare battle in those times.
— They were a symbol of swiftness, sure-footedness, power.
— No longer will we trust in men or natural horses. Instead, we will be like the Lord’s horses! Swift. sure-footed, powerful in His power! And He never loses a battle!
He has racham toward us (tender mercy, like a mother toward her child)!
It will be as though He never rejected us (cast us off, moved us away from Him), though He did reject us when we followed false gods and false shepherds.
Why? Because HE is our God.
He will visited us, go to see us, avenge us, care for us, deliver us to keep us, and remember us!
v. 9 Our exile from His presence caused us to remember Him, and now, He will remember us.
v. 10 He will bring us back from sin (Egypt).
v. 11 We will cross over and out of the sea of distress (trouble, anguish) and not drown in it.
He will strike the waves in the sea, as in the Exodus, so that even the mightiest waters dry up.
The scepter will depart Egypt — sin will no longer rule us.
Assyria’s (in this case, a typology or symbol of Satan as well as a real kingdom) pride will be cast down, it will fall down, Satan will fall down.
v. 12 Again, He says I will strengthen you in Me.
— And He says, “They will walk in My name,” as representing Me, having My character and nature. He declares it!
We will, indeed, become partakers of the divine nature, and that will permanently repair the rift between us and our God. HALLELUJAH!
Beloved, a warning from the Lord — when He sends the rain, do not try to manage it or manipulate it. Just stand by and let Him work in hearts. Simply rejoice as you watch Him!
And remember, it will no longer be necessary to work real hard to be like Jesus — He will do the heavy lifting. All we have to do is agree with Him as we walk with Him!
Ask rain from the LORD at the time of the spring rain! He is coming to visit us once again, to free His people and bring them back to Himself!
Come back to Him even now, this very moment! Cast away your idols and false shepherds to the moles and the bats! Now is the time!

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Plaintiff Robert Lewis Meese seeks review of the Commissioner's determination that he is not entitled to disability benefits under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383c. With the consent of the parties to conduct dispositive proceedings in this matter, see 28 U.S.C. § 636(c); Fed.R.Civ.P. 73(b), the Court has considered Mr. Meese's Motion to Reverse and Remand for Rehearing, with Supporting Memorandum, filed October 16, 2017 (Doc. 22), the Commissioner's response in opposition, filed November 16, 2017 (Doc. 24), and Mr. Meese's reply, filed November 24, 2017 (Doc. 25), along with the remainder of the record. Having so considered, the Court FINDS and CONCLUDES that Mr. Meese's motion is well taken and should be granted.
On October 17, 2012 Mr. Meese filed an application for Supplemental Security Income (SSI) benefits, alleging that he had been disabled since September 1, 2012, due to depression, anxiety, PTSD, and a history of traumatic brain injury with cognitive impairment. (AR 275). On March 7, 2013, it was determined that Mr. Meese was not disabled and his claim was denied. (AR 115-126). The denial was upheld on reconsideration on August 6, 2013 (AR 127-140), and a subsequent hearing before an administrative law judge (“ALJ”), held on July 2, 2015, again ended in a denial. (AR 12-21). The ALJ's decision became final when, on December 21, 2016, the Appeals Council denied Mr. Meese's request for review. (AR 1-5); see Sims v. Apfel, 530 U.S. 103, 106-07 (2000) (explaining that if the Appeals Council denies a request for a review, the ALJ's opinion becomes the final decision); see also 20 C.F.R. § 404.900(a)(1)-(5).
Judicial review of the Commissioner's decision is limited to determining “whether substantial evidence supports the factual findings and whether the ALJ applied the correct legal standards.” Allman v. Colvin, 813 F.3d 1326, 1330 (10th Cir. 2016). See also 42 U.S.C. § 405(g). “Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.” Langley v. Barnhart, 373 F.3d 1116, 1118 (10th Cir. 2004) (quotation omitted). “Evidence is not substantial if it is overwhelmed by other evidence in the record or constitutes mere conclusion.” Grogan v. Barnhart, 399 F.3d 1257, 1261-62 (10th Cir. 2005) (quotation omitted). The Court must examine the record as a whole, “including anything that may undercut or detract from the ALJ's findings in order to determine if the substantiality test has been met.” Id. “Failure to apply the correct legal standard or to provide this court with a sufficient basis to determine that appropriate legal principles have been followed is grounds for reversal.” Byron v. Heckler, 742 F.2d 1232, 1235 (10th Cir. 1984) (quotation omitted). Even so, it is not the function of the Court to review Mr. Meese's claims de novo, and the Court may not reweigh the evidence or substitute its judgment for that of the ALJ. Glass v. Shalala, 43 F.3d 1392, 1395 (10th Cir. 1994).
an individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.
The Commissioner uses a five-step sequential process to evaluate disability. 20 C.F.R. §§ 404.1520, 416.920; Bowen v. Yuckert, 482 U.S. 137, 140(1987). At the first four steps of the process, the claimant must show that he or she: (1) is not engaged in “substantial gainful activity”; (2) has a “severe medically determinable . . . impairment . . . or a combination of impairments” that has lasted or is expected to last for at least one year; and (3) has impairment(s) that either meet or equal one of the “Listings” of presumptively disabling impairments; or (4) is unable to perform “past relevant work.” 20 C.F.R. §§ 404.1520(a)(4) (i-iv), 416.920(a)(4)(i-iv); Grogan, 399 F.3d at 1261. If a claimant does not establish an impairment that meets or equals a Listing, but proves an inability to perform his or her “past relevant work, ” the burden of proof then shifts to the Commissioner, at step five, to show that the claimant is able to perform other work in the national economy, considering claimant's residual functional capacity (“RFC”), age, education, and work experience. Grogan, 399 F.3d at 1261.
After careful consideration of the entire record, I find that the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following limitations: He is able to understand, remember and carry out only simple instructions including commensurate work-related decisions. He may have occasional interaction with the public, deal with routine changes in work setting and maintain concentration, persistence and pace for two hours at a time with normal breaks.


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We only collect and use personal data of our users insofar as this is necessary to provide a functional website as well as our contents and services. The collection and use of personal data of our users takes place regularly only on contractual basis or after consent of the user. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
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The PTO is appealing a decision by the Eastern District of Virginia overturning the PTO’s denial of patent-term extension for a pharmaceutical patent. PhotoCure ASA v. Dudas, No 1:08cv718-LO-JFA, 2009 U.S. Dist. LEXIS 27543 (E.D. Va. Mar. 31, 2009), appeal docketed, No. 2009-1393 (Fed. Cir. June 11, 2009). In its ruling, the Eastern District of Virginia determined that a 1990 decision from the Federal Circuit interpreting the patent-term extension statute conflicted with a later panel decision. The Court held that the earlier decision is controlling and compels extension of the patent’s term.
Plaintiff PhotoCure ASA (“PhotoCure”) filed an application with the PTO to extend the term of a patent it holds on its drug product Metvixia™. PhotoCure based its application for additional patent term on the loss of marketing opportunities due to the regulatory-approval process for the drug. PhotoCure did not obtain approval until more than four years after the issuance of its patent, and believed it was entitled to a term extension under 35 U.S.C. § 156.
The PTO denied the application, however, because it determined that Metvixia was not the “first permitted commercial marketing or use of the product,” 35 U.S.C. § 156(a)(5)(A), covered by the patent. This determination was reached this because an earlier drug, Levulan™, has a key ingredient having the same “active moiety” as that of Metvixia’s key ingredient.
The PTO relied on 35 U.S.C. § 156(f)(1)(A), which defines “product” to be a “drug product,” defined by 35 U.S.C. § 156(f)(2) to mean “the active ingredient of a new drug...including any salt or ester of the active ingredient.” Taking the position that the active moiety is the “active ingredient” of both Metvixia and Levulan, the PTO decided that extending the term of PhotoCure’s patent would be improper. Photocure challenged the PTO’s decision by suing in the Eastern District of Virginia and moved for summary judgment.
In deciding the motion, the Court compared Glaxo Operations UK Ltd. v. Quigg, 894 F.2d 392 (Fed. Cir. 1990), and Pfizer, Inc. v. Dr. Reddy’s Laboratories, Ltd., 359 F.3d 1361 (Fed. Cir. 2004). The Court determined that the Pfizer panel had adopted an “active moiety approach” that the Glaxo panel had previously determined was not consistent with the plain language of the statute. Finding Pfizer and Glaxo to be “clearly in conflict,” the Court applied Newell Cos. v. Kenney Mfg. Co., 864 F.2d 757, 765 (Fed. Cir. 1988), to follow Glaxo and grant summary judgment in favor of PhotoCure. The PTO’s appeal will give the Federal Circuit an opportunity to analyze Pfizer and Glaxo and determine whether they are indeed in conflict and, if so, how that conflict should be resolved.


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Complainant is E.J. McKernan Co., Reno, Nevada, United States of America, represented by Akin, Gump, Strauss, Hauer & Feld, United States of America.
Respondent is Texas International Property Associates, Dallas, Texas, United States of America, represented by The Law Offices of Gary Wayne Tucker, United States of America.
The disputed domain name <mckernanpackaging.com> (the “Disputed Domain Name”) is registered with Compana LLC (the “Registrar”).
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 11, 2007. On October 12, 2007, the Center transmitted by e-mail to the Registrar a request for registrar verification in connection with the Disputed Domain Name. A number of communications ensued among the Center, the parties, and the Registrar concerning the Disputed Domain Name. On October 22, 2007, the Center informed Complainant that, according to the Registrar, the registrant of the Disputed Domain Name was “slightly different than that listed in the Complaint (i.e., it should read “Associates” and not “Association”). Accordingly, the Center requested that Complainant file a short amendment to the Complaint and, on October 22, 2007, Complainant filed the amendment.
On October 26, 2007, the Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules) and, in accordance with the Rules, Paragraphs 2(a) and 4(a), the Center formally notified Respondent of the Complaint; accordingly, the proceedings commenced on October 26, 2007. In accordance with the Rules, Paragraph 5(a), the due date for the Response was set for November 15, 2007.
On November 15, 2007, Respondent submitted its Response. On November 16, 2007, Complainant requested permission to file a reply to Respondent’s Response. There is no express permission in the Rules for supplemental filings by either party except in response to a deficiency notification or if requested by the Center or the Panel. The Panel has considered Complainant’s request to file a supplemental filing in reaching its decision (discussed below).
On November 30, 2007, the Center appointed Steven M. Auvil as the sole panelist in this matter.
Complainant, an industry leader in the discount packaging business since its inception in 1959, is the owner of U.S. Federal Registration No. 3,219,962 (March 20, 2007) for the mark MCKERNAN for “brokerage in the field of packaging and packaging components” in International Class 36 (the “McKernan Registration”). The McKernan Registration claims a first use date of September 1, 1969 and a first use in commerce date of September 1, 1994. Complainant applied for the McKernan Registration on May 4, 2006. On June 19, 1996, Complainant registered the <mckernan.com > domain name.
The Disputed Domain Name was first registered by Respondent with the Registrar on October 18, 2005. Complainant provided evidence that the Disputed Domain Name links to an advertising portal with packaging-related links. This is still the case as of the date of this decision.
In its Complaint, Complainant contends that the Disputed Domain Name is confusingly similar to its federally-registered MCKERNAN mark and a related MCKERNAN PACKAGING CLEARING HOUSE mark. Complainant contends that its federally-registered MCKERNAN mark was used prior to Respondent’s registration and use of the Disputed Domain Name.
In addition, Complainant contends that Respondent has no rights or legitimate interests in the Disputed Domain Name, and that Respondent was not authorized by Complainant to use the MCKERNAN mark or any related marks.
Finally, Complainant contends that Respondent is a well-known cybersquatter. Complainant provided evidence that Respondent has been involved in numerous other UDRP proceedings where other panels found bad faith and ordered the transfer of approximately 33 domain names to the trademark owners. In this case, Complainant contends that Respondent registered and is using the Disputed Domain in bad faith hoping to attract visitors to a domain name parking web page and that this does not constitute a bona fide commercial use.
In its Response, Respondent attacks the validity of the McKernan Registration because the October 18, 2005 registration date of the Disputed Domain Name preceded the McKernan Registration’s application date (May 4, 2006). Respondent also attacks the validity of the McKernan Registration because the Examining Attorney concluded that “McKernan” was primarily merely a surname (the MCKERNAN mark was registered on the Principal Register under Section 2(f) of the Lanham Act).
Respondent contends that the links that appear on the Disputed Domain Name’s web page are triggered by the terms advertisers bid at Google and that Respondent does not purposefully target links from companies related to Complainant’s business. Respondent acknowledges that Respondent earns revenue on a pay-per-click basis through the Disputed Domain Name’s web site. However, Respondent contends that providing this web site is a bona fide service and the fact that Respondent earns pay-per-click revenue from the Disputed Domain Name’s web site is contrary to a finding of bad faith.
This Panel finds that the Disputed Domain Name registered by Respondent is confusingly similar to Complainant’s federally-registered MCKERNAN mark.
First, the summary and abbreviated nature of this administrative proceeding precludes the establishment of the kind of fully-developed factual record that must underlie a determination of trademark validity. See, e.g., Classic Media, Inc. v. Warren R. Royal, WIPO Case No. D2006-0208 (June 19, 2006); Lockheed Martin Corp. v. The Skunkworx Custom Cycle, WIPO Case No. D2004-0824 (January 18, 2005); and Lake at Las Vegas Joint Venture v. Principal Equiti, Inc., WIPO Case No. D2002-0758 (October 4, 2002). Second, at a minimum, the MCKERNAN mark is entitled to a presumption of validity by virtue of its registration. See, e.g., EAuto, L.L.C. v. Triple S. Auto Parts d/b/a Kung Fu Yea Enterprises, Inc., WIPO Case No. D2000-0047 (March 24, 2000). The Panel concludes that there is nothing in the record to overcome this presumption.
Moreover, for the sake of argument discounting Complainant’s federal registration, it is well-settled that that the Policy is applicable to unregistered marks. See Imperial College v. Christophe Dessimoz, WIPO Case No. D2004-0322 (finding that the Policy is applicable to unregistered trademarks, and quoting from Funskool (India) Ltd. v. funschool.com Corporation, WIPO Case No. D2000-0796 (“The Policy places no limitation on the operative extent of a trademark, which the Complainant must show the disputed name to be identical or confusingly similar to.”) The Panel finds that Complainant has longstanding rights in the MCKERNAN mark, with a first use date of September 1, 1969 and a first use in commerce date of September 1, 1994, which Respondent does not dispute.
For these reasons, the Panel concludes that the Disputed Domain Name is confusingly similar to the MCKERNAN mark, a service mark in which Complainant has rights.
Complainant contends that Respondent has no rights or legitimate interest in the Disputed Domain Name. On the other hand, Respondent argues that Respondent has a legitimate interest in the Disputed Domain Name because Respondent operates a “parking page” containing hyperlinks to other web sites and Respondent earns pay-per-click revenues from these links. Respondent is mistaken.
Previous panels have found that the use of a domain name that incorporates a third party’s trademark in connection with an Internet web site that merely lists hyperlinks to third party web sites, including those offering goods and services that are in direct competition with a complainant’s products, is not a bona fide offering of services and is not a legitimate non-commercial or fair use of the disputed domain name. See, e.g., My Diamond Place, Ltd. v. Domains Ventures, WIPO Case No. D2005-1276 (“Complainant has also provided evidence that the Respondent has directed the disputed domain name to a web site offering, among other things, advertising and sponsored links for products and retailers that are in direct competition with the Complainant’s products. The Panel is of the opinion in this case that the Respondent is not making any legitimate non-commercial or fair use of the disputed domain name.”); Disney Enters., Inc. v. Dot Stop, FA 145227 (Nat. Arb. Forum March 17, 2003) (finding that a respondent’s diversionary use of complainant’s mark to attract Internet users to its own web site, which contained a series of hyperlinks to unrelated web sites, was neither a bona fide offering of goods and/or services nor a legitimate noncommercial or fair use of the disputed domain names). Therefore, the Panel concludes that Respondent is not using the Disputed Domain Name in connection with a bona fide offering of goods or services.
Moreover, Respondent has not asserted, and nothing in the record suggests, that Respondent is commonly known by the Disputed Domain Name. Further, Respondent has not asserted, and nothing in the record suggests, that Respondent is making a legitimate non-commercial or fair use of the Disputed Domain Name, without intent for commercial gain to misleadingly divert customers or to tarnish the MCKERNAN mark.
In short, Respondent registered the Disputed Domain Name several years after Complainant established rights in its MCKERNAN mark through extensive use. The fact that Respondent included the word “packaging” in the Disputed Domain Name evidences that Respondent was aware of Complainant and its business when Respondent registered the Disputed Domain Name. In short, there is no evidence from which the Panel could conclude that Respondent has rights to or legitimate interests in the Disputed Domain Name. Compare Justerini & Brooks Limited v. Juan Colmenar Rueda as Registrant “Colmenar”, aka “jokolm” / “JCRco.”, WIPO Case No. D2000-1308 (finding that, given the notoriety and distinctiveness of the JUSTERINI & BROOKS trademark, it was not one which another trader would legitimately choose unless the trader sought to create an impression of association with that complainant, create an impression of association with JUSTERINI & BROOKS products, attract business from that complainant, misleadingly divert members of the public, and/or damage the reputation and business of that complainant).
For these reasons, in accordance with Paragraph 4(a)(ii) of the Policy, the Panel finds that Respondent has no rights or legitimate interests in the Disputed Domain Name.
Complainant also argues that Respondent registered and used the Disputed Domain Name in bad faith. Specifically, Complainant argues that Respondent’s bad faith is reflected in the fact that: (1) Respondent registered a domain name incorporating Complainant’s mark despite having no connection to Complainant; (2) there is no question, given Complainant’s extensive use of the MCKERNAN marks in the United States and the nature of the Disputed Domain Name (including the word “packaging”), that Respondent had actual knowledge of Complainant’s prior rights in the MCKERNAN mark and Complainant’s packaging business when Respondent registered the Disputed Domain Name; (3) to date, the only “use” of the Disputed Domain Name has been to divert unsuspecting viewers seeking information regarding Complainant and its services to an unrelated web site containing links to goods/services that are not authorized by Complainant; and (4) Respondent is a well-known cybersquatter and has been involved in numerous UDRP proceedings resulting in the transfer of approximately 33 domain names.
The Panel agrees with Complainant. The evidence in this case does demonstrate that Respondent has registered and is using Complainant’s MCKERNAN mark in the Disputed Domain Name in bad faith. As already discussed, the Panel finds that Respondent was aware of Complainant and its business when Respondent registered the Disputed Domain Name because Respondent combined the MCKERNAN mark with the word “packaging” in the Disputed Domain Name. This Panel can think of no plausible reason why Respondent would register and use a domain name that contains Complainant’s mark (MCKERNAN) and its principal business (packaging) that would be legitimate. See, e.g., eBay, Inc. v. SGR Enterprises and Joyce Ayers, WIPO Case No. D2001-0259 (April 11, 2001) (“[I]t is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would be legitimate.”); Telstra Co. Ltd. v. Nuclear Marshmallows, WIPO Case No. D2000-0003 (February 18, 2000) (the fact that the complainant was “widely known” by its trademarked name contributed to the panel’s conclusion that “it is not possible to conceive of any plausible actual or contemplated active use of the domain name by the Respondent that would be legitimate.”).
Because the Panel concludes that Complainant has established each requisite element to obtain relief under paragraph 4(a) of the Policy, Complainant’s request to submit a supplemental filing is moot.
For all the foregoing reasons, in accordance with paragraph 4(i) of the Policy and Paragraph 15 of the Rules, the Panel orders that the domain name <mckernanpackaging.com> be transferred to Complainant.

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