TITLE X-DISADVANTAGED BUSINESS CONCERNS
Sec. 1001. Disadvantaged business concerns.
Sec. 1002. Use of quotas prohibited.
SEC. 1001. DISADVANTAGED BUSINESS CONCERNS.
(a) In General.-In providing for any research relating to the
requirements of the amendments made by the Clean Air Act Amendments of
1990 which uses funds of the Environmental Protection Agency, the
Administrator of the Environmental Protection Agency shall, to the
extent practicable, require that not less than 10 percent of total
Federal funding for such research will be made available to
disadvantaged business concerns.
(1)(A) For purposes of subsection (a), the term "disadvantaged
business concern" means a concern-
(i) which is at least 51 percent owned by one or more
socially and economically disadvantaged individuals or, in the
case of a publicly traded company, at least 51 percent of the
stock of which is owned by one or more socially and
economically disadvantaged individuals; and
(ii) the management and daily business operations of which
are controlled by such individuals.
(B)(i) A for-profit business concern is presumed to be a
disadvantaged business concern for purposes of subsection (a) if
it is at least 51 percent owned by, or in the case of a concern
which is a publicly traded company at least 51 percent of the
stock of the company is owned by, one or more individuals who are
members of the following groups:
(I) Black Americans.
(II) Hispanic Americans.
(III) Native Americans.
(IV) Asian Americans.
(VI) Disabled Americans.
(ii) The presumption established by clause (i) may be rebutted
with respect to a particular business concern if it is reasonably
established that the individual or individuals referred to in
that clause with respect to that business concern are not
experiencing impediments to establishing or developing such
concern as a result of the individual's identification as a
member of a group specified in that clause.
(C) The following institutions are presumed to be disadvantaged
business concerns for purposes of subsection (a):
(i) Historically black colleges and universities, and
colleges and universities having a student body in which 40
percent of the students are Hispanic.
(ii) Minority institutions (as that term is defined by the
Secretary of Education pursuant to the General Education
Provision Act (20 U.S.C. 1221 et seq.)).
(iii) Private and voluntary organizations controlled by
individuals who are socially and economically disadvantaged.
(D) A joint venture may be considered to be a disadvantaged
business concern under subsection (a), notwithstanding the size
of such joint venture, if-
(i) a party to the joint venture is a disadvantaged business