[Constitutionality of 13 C.F.R. § 124.103 Establishing Citizenship Requirement for Participation in 8(a) Program: Memorandum for Eric S. Benderson, Associate General Counsel, U.S. Small Business Administration, March 4, 1996] [open pdf - 0B]
"You have requested our opinion as to the constitutionality of a regulation of the Small Business Administration ('SBA'), 13 C.F.R. § 124.103, that limits eligibility for the SBA's 8(a) program for disadvantaged contractors to businesses owned by U.S. citizens. The SBA has defended the validity of its 8(a) citizenship requirement on the grounds that such a requirement is consistent with congressional intent. We agree with this conclusion, although we do so based upon a different legal analysis than the one relied upon by the SBA."
United States. Department of Justice: http://www.justice.gov/