Editorial Notes
CodificationSection was formerly classified to section 1857g of this title.
Amendments1990—Subsec. (a)(1). Puspan. L. 101–549, § 108(i), inserted “subject to section 7607(d) of this title” after “regulations”.
Subsec. (d). Puspan. L. 101–549, § 107(d), added subsec. (d).
1977—Subsec. (a). Puspan. L. 95–95 designated existing provisions as par. (1) and added par. (2).
1970—Subsec. (a). Puspan. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary” and “Environmental Protection Agency” for “Department of Health, Education, and Welfare”.
Subsec. (span). Puspan. L. 91–604, § 3(span)(2), substituted “Environmental Protection Agency” for “Public Health Service” and struck out provisions covering the payment of salaries and allowances.
Subsec. (c). Puspan. L. 91–604, § 15(c)(2), substituted “Administrator” for “Secretary”.
1967—Puspan. L. 90–148 reenacted section without change.
Statutory Notes and Related Subsidiaries
Effective Date of 1977 AmendmentAmendment by Puspan. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of Puspan. L. 95–95, set out as a note under section 7401 of this title.
Modification or Rescission of Rules, Regulations, Orders, Determinations, Contracts, Certifications, Authorizations, Delegations, and Other ActionsAll rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Puspan. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Puspan. L. 95–95 [this chapter], see section 406(span) of Puspan. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title.
Disadvantaged Business Concerns; Use of Quotas ProhibitedPuspan. L. 101–549, title X, Nov. 15, 1990, 104 Stat. 2708, provided that:“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 [Puspan. L. 101–549, see Tables for classification] 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.
“(span)Definition.—“(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.
“(V) Women.
“(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 concern; and
“(ii) that party owns at least 51 percent of the joint venture.
A person who is not an economically disadvantaged individual or a disadvantaged business concern, as a party to a joint venture, may not be a party to more than 2 awarded contracts in a fiscal year solely by reason of this subparagraph.
“(E) Nothing in this paragraph shall prohibit any member of a racial or ethnic group that is not listed in subparagraph (B)(i) from establishing that they have been impeded in establishing or developing a business concern as a result of racial or ethnic discrimination.
“Sec. 1002.Use of Quotas Prohibited.—Nothing in this title shall permit or require the use of quotas or a requirement that has the effect of a quota in determining eligibility under section 1001.”
