# § 4951. Definitions
In this chapter:
**(1)** The term “eligible entity” means any of the following:
**(A)** A State.
**(B)** A local government.
**(C)** A nonprofit organization.
**(D)** A tribal organization, as defined in section 4(*l*) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(*l*)), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(e)), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes.
**(2)** The term “distressed area” means—
**(A)** the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that—
**(i)** has a per capita income of 80 percent or less of the State average; or
**(ii)** has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or
**(B)** a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(d)).
**(3)** The term “Secretary” means the Secretary of Defense acting through the Under Secretary of Defense for Acquisition and Sustainment.
**(4)** The terms “State” and “local government” have the meaning given those terms in section 6302 of title 31.
**(5)** The term “business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, consortia, not-for-profit, or other legal entity.
---
**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(B), (2), Jan. 1, 2021, 134 Stat. 4287; Pub. L. 117–81, div. A, title XVII, § 1701(m)(1)(A), (3), Dec. 27, 2021, 135 Stat. 2144, 2145; Pub. L. 118–31, div. A, title VIII, § 853(a), Dec. 22, 2023, 137 Stat. 344.)
## Editorial Notes
### Codification
The text of , which was transferred to this section by , was based on , , ; , , ; , , , 1783–174, and , , , 3341–174; , formerly title IV, § 956(a), , , renumbered title IX, , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .
, (3), , , 2145, amended , (2)–(4), which had originally added this section and transferred to subsecs. (a) to (c) thereof the text of sections 2412, 2411, and 2420 of this title, respectively. After amendment by , reenacted this section, and section 1872(a)(2)–(4) of instead transferred sections 2411, 2412, and 2420 to this section, section 4952, and , respectively.
### Amendments
2023—Par. (1)(C). , substituted “nonprofit organization” for “private, nonprofit organization”.
Par. (5). , added par. (5).
2021—, which directed amendment of section “1872(a)(B)” of , was executed as if it had referred to section “1872(a)(1)(B)” of , which enacted this section, to reflect the probable intent of Congress.
, as amended by , transferred the text of to this section.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2021 Amendment
Amendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and Effective Date note below.
### Effective Date
Section and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .