§637c. Definitions — Inbound Citations

Citations to §637c(1)

• 15 U.S.C. § 631(b)(1)

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  (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by—

  (A) enhancing their ability to export;

  (B) facilitating technology transfers;

  (C) enhancing their ability to compete effectively and efficiently against imports;

  (D) increasing the access of small businesses to long-term capital for the purchase of new plant and equipment used in the production of goods and services involved in international trade;

  (E) disseminating information concerning State, Federal, and private programs and initiatives to enhance the ability of small businesses to compete in international markets; and

  (F) ensuring that the interests of small businesses are adequately represented in bilateral and multilateral trade negotiations.
• 15 U.S.C. § 631(i)

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  (i) None of the funds made available pursuant to this chapter may be used to provide any direct benefit or assistance to any individual in the United States if the Administrator or the official to which the funds are made available receives notification that the individual is not lawfully within the United States.
• 15 U.S.C. § 631c(a)

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  (a) The Administrator of the Small Business Administration (referred to in this subtitle¹ as the “Administrator”) shall establish a Small Business Manufacturing Task Force (referred to in this section as the “Task Force”) to address the concerns of small manufacturers.
• 15 U.S.C. § 631c(b)

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  (b) The Administrator shall assign a member of the Task Force to serve as chair of the Task Force.
• 15 U.S.C. § 632(a)(2)(A)

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  (A) In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), 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.
• 15 U.S.C. § 632(a)(2)(C)(iii)

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  (iii) is approved by the Administrator.
• 15 U.S.C. § 632(a)(3)

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  (3) 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.
• 15 U.S.C. § 632(a)(4)(A)

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  (A) 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.
• 15 U.S.C. § 632(a)(4)(B)

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  (B) Not later than 60 days after January 6, 2006, the Administrator shall either—

  (i) initiate an adjustment to the size standards, as described in subparagraph (A), if the Administrator determines that such an adjustment would be fair and appropriate; or

  (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.
• 15 U.S.C. § 632(a)(4)(B)(i)

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  (i) initiate an adjustment to the size standards, as described in subparagraph (A), if the Administrator determines that such an adjustment would be fair and appropriate; or
• 15 U.S.C. § 632(a)(4)(B)(ii)

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  (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.
• 15 U.S.C. § 632(a)(5)(A)

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  (A) 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.
• 15 U.S.C. § 632(a)(6)

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  (6) In conducting rulemaking to revise, modify or establish size standards pursuant to this section, the Administrator shall consider, and address, and make publicly available as part of the notice of proposed rulemaking and notice of final rule each of the following:

  (A) a detailed description of the industry for which the new size standard is proposed;

  (B) an analysis of the competitive environment for that industry;

  (C) the approach the Administrator used to develop the proposed standard including the source of all data used to develop the proposed rule making; and

  (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.
• 15 U.S.C. § 632(a)(6)(C)

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  (C) the approach the Administrator used to develop the proposed standard including the source of all data used to develop the proposed rule making; and
• 15 U.S.C. § 632(a)(7)

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  (7) 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.
• 15 U.S.C. § 632(a)(8)

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  (8) 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.
• 15 U.S.C. § 632(a)(9)(A)

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  (A) 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.
• 15 U.S.C. § 632(c)(2)(B)

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  (B) in the case of any loan guarantee under section 636(a) of this title, the trustee of which enters into an agreement with the Administrator which is binding on the trust and on such small business concern and which provides that—

  (i) the loan guaranteed under section 636(a) of this title shall be used solely for the purchase of qualifying employer securities of such concern,

  (ii) all funds acquired by the concern in such purchase shall be used by such concern solely for the purposes for which such loan was guaranteed,

  (iii) such concern will provide such funds as may be necessary for the timely repayment of such loan, and the property of such concern shall be available as security for repayment of such loan, and

  (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.
• 15 U.S.C. § 632(c)(3)

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  (3) Under regulations which may be prescribed by the Administrator, a trust may be treated as a qualified employee trust with respect to a small business concern if—

  (A) the trust is maintained by an employee organization which represents at least 51 percent of the employees of such concern, and

  (B) such concern maintains a plan—

  (i) which is an employee benefit plan which is designed to invest primarily in qualifying employer securities (as defined in section 4975(e)(8) of title 26),

  (ii) 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 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 the outstanding common shares voted,

  (iii) which provides that each participant who is entitled to distribution from the plan has a right, in the case of qualifying employer securities which are not readily tradeable on an established market, to require that the concern repurchase such securities under a fair valuation formula, and

  (iv) which meets such other requirements (similar to requirements applicable to employee stock ownership plans as defined in section 4975(e)(7) of title 26) as the Administrator may prescribe, and

  (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).
• 15 U.S.C. § 632(c)(3)(B)(iv)

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  (iv) which meets such other requirements (similar to requirements applicable to employee stock ownership plans as defined in section 4975(e)(7) of title 26) as the Administrator may prescribe, and
• 15 U.S.C. § 632(g)(3)

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  (3) a product or service the primary purpose of which is conservation of energy through devices or techniques which increase the energy efficiency of existing equipment, methods of operation, or systems which use fossil fuels, and which is on the Energy Conservation Measures list of the Secretary of Energy or which the Administrator determines to be consistent with the intent of this subsection;
• 15 U.S.C. § 632(q)(5)(B)

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  (B) 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.
• 15 U.S.C. § 632(r)(1)

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  (1) 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.
• 15 U.S.C. § 632(r)(2)(A)

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  (A) such concern is authorized by the Administrator to make loans under section 636 of this title;
• 15 U.S.C. § 632(w)(4)

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  (4) 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.
• 15 U.S.C. § 632(x)(2)

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  (2) Not later than 1 year after September 27, 2010, the Administrator, in consultation with the Inspector General and the Chief Counsel for Advocacy of the Administration, shall promulgate regulations to ensure that—

  (A) no business concern continues to be certified as a small business concern on the Online Representations and Certifications Application database of the Administration, or any successor thereto, without fulfilling the requirements for annual certification under this subsection; and

  (B) the requirements of this subsection are implemented in a manner presenting the least possible regulatory burden on small business concerns.
• 15 U.S.C. § 632(y)

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  (y) 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.
• 15 U.S.C. § 632(z)

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  (z) 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.
• 15 U.S.C. § 633(a)

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  (a) In order to carry out the policies of this chapter there is created an agency under the name “Small Business Administration” (herein referred to as the Administration), which Administration shall be under the general direction and supervision of the President and shall not be affiliated with or be within any other agency or department of the Federal Government. The principal office of the Administration shall be located in the District of Columbia. The Administration may establish such branch and regional offices in other places in the United States as may be determined by the Administrator of the Administration. As used in this chapter, the term “United States” includes the several States, the Territories and possessions of the United States, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia.
• 15 U.S.C. § 633(b)(1)

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  (1) The management of the Administration shall be vested in an Administrator who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate, and who shall be a person of outstanding qualifications known to be familiar and sympathetic with small-business needs and problems. The Administrator shall not engage in any other business, vocation, or employment than that of serving as Administrator. In carrying out the programs administered by the Small Business Administration including its lending and guaranteeing functions, the Administrator shall not discriminate on the basis of sex or marital status against any person or small business concern applying for or receiving assistance from the Small Business Administration, and the Small Business Administration shall give special consideration to veterans of the Armed Forces of the United States and their survivors or dependents. The President also may appoint a Deputy Administrator, by and with the advice and consent of the Senate. The Administrator is authorized to appoint Associate Administrators (including the Associate Administrator specified in section 671 of this title) to assist in the execution of the functions vested in the Administration. One such Associate Administrator shall be the Associate Administrator for Veterans Business Development, who shall administer the Office of Veterans Business Development established under section 657b of this title. One of the Associate Administrators shall be designated at the time of his appointment as the Associate Administrator for Minority Small Business and Capital Ownership Development who shall be an employee in the competitive service or in the Senior Executive Service and a career appointee and shall be responsible to the Administrator for the formulation and execution of the policies and programs under sections 636(j) and 637(a) of this title which provide assistance to minority small business concerns. The Deputy Administrator shall be Acting Administrator of the Administration during the absence or disability of the Administrator or in the event of a vacancy in the office of the Administrator. One such Associate Administrator shall be the Associate Administrator for International Trade, who shall be the head of the Office of International Trade established under section 649 of this title. One such Associate Administrator shall be the Chief Hearing Officer, who shall administer the Office of Hearings and Appeals established under section 634(i) of this title.
• 15 U.S.C. § 633(b)(2)

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  (2) The Administrator also shall be responsible for—

  (A) establishing and maintaining an external small business economic data base for the purpose of providing the Congress and the Administration information on the economic condition and the expansion or contraction of the small business sector. To that end, the Administrator shall publish on a regular basis national small business economic indices and, to the extent feasible, regional small business economic indices, which shall include, but need not be limited to, data on—

  (i) employment, layoffs, and new hires;

  (ii) number of business establishments and the types of such establishments such as sole proprietorships, corporations, and partnerships;

  (iii) number of business formations and failures;

  (iv) sales and new orders;

  (v) back orders;

  (vi) investment in plant and equipment;

  (vii) changes in inventory and rate of inventory turnover;

  (viii) sources and amounts of capital investment, including debt, equity, and internally generated funds;

  (ix) debt to equity ratios;

  (x) exports;

  (xi) number and dollar amount of mergers and acquisitions by size of acquiring and acquired firm; and

  (xii) concentration ratios; and

  (B) publishing annually a report giving a comparative analysis and interpretation of the historical trends of the small business sector as reflected by the data acquired pursuant to subparagraph (A) of this subsection.
• 15 U.S.C. § 633(b)(2)(A)

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  (A) establishing and maintaining an external small business economic data base for the purpose of providing the Congress and the Administration information on the economic condition and the expansion or contraction of the small business sector. To that end, the Administrator shall publish on a regular basis national small business economic indices and, to the extent feasible, regional small business economic indices, which shall include, but need not be limited to, data on—

  (i) employment, layoffs, and new hires;

  (ii) number of business establishments and the types of such establishments such as sole proprietorships, corporations, and partnerships;

  (iii) number of business formations and failures;

  (iv) sales and new orders;

  (v) back orders;

  (vi) investment in plant and equipment;

  (vii) changes in inventory and rate of inventory turnover;

  (viii) sources and amounts of capital investment, including debt, equity, and internally generated funds;

  (ix) debt to equity ratios;

  (x) exports;

  (xi) number and dollar amount of mergers and acquisitions by size of acquiring and acquired firm; and

  (xii) concentration ratios; and
• 15 U.S.C. § 633(b)(4)(A)

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  (A) The Administrator shall establish a small business computer security and education program to—

  (i) provide small business concerns information regarding—

  (I) utilization and management of computer technology;

  (II) computer crimes committed against small business concerns; and

  (III) security for computers owned or utilized by small business concerns;

  (ii) provide for periodic forums for small business concerns to improve their knowledge of the matters described in clause (i); and

  (iii) provide training opportunities to educate small business users on computer security techniques.
• 15 U.S.C. § 633(b)(4)(B)

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  (B) The Administrator, after consultation with the Director of the Institute of Computer Sciences and Technology within the Department of Commerce, shall develop information and materials to carry out the activities described in subparagraph (A) of this paragraph.
• 15 U.S.C. § 633(c)(3)

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  (3) Unexpended balances of appropriations made to the fund pursuant to this subsection, as in effect immediately prior to the effective date of this paragraph, shall be allocated, together with related assets and liabilities, to the funds established by paragraph (1) in such amounts as the Administrator shall determine.
• 15 U.S.C. § 633(d)

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  (d) There is created the Loan Policy Board of the Small Business Administration, which shall consist of the following members, all ex officio: The Administrator, as Chairman, the Secretary of the Treasury, and the Secretary of Commerce. Either of the said Secretaries may designate an officer of his Department, who has been appointed by the President by and with the advice and consent of the Senate, to act in his stead as a member of the Loan Policy Board with respect to any matter or matters. The Loan Policy Board shall establish general policies (particularly with reference to the public interest involved in the granting and denial of applications for financial assistance by the Administration and with reference to the coordination of the functions of the Administration with other activities and policies of the Government), which shall govern the granting and denial of applications for financial assistance by the Administration.
• 15 U.S.C. § 633(g)(1)

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  (1) The exclusive duties of a Business Opportunity Specialist employed by the Administrator and reporting to the senior official appointed by the Administrator with responsibilities under sections 637, 644, 657a, and 657f of this title (or the designee of such official) shall be to implement sections 636, 637, and 657r of this title and to complete other duties related to contracting programs under this chapter. Such duties shall include—

  (A) with respect to small business concerns eligible to receive contracts and subcontracts pursuant to section 637(a) of this title—

  (i) providing guidance, counseling, and referrals for assistance with technical, management, financial, or other matters that will improve the competitive viability of such concerns;

  (ii) identifying causes of success or failure of such concerns;

  (iii) providing comprehensive assessments of such concerns, including identifying the strengths and weaknesses of such concerns;

  (iv) monitoring and documenting compliance with the requirements of sections 636 and 637 of this title and any regulations implementing those sections;

  (v) explaining the requirements of sections 636, 637, 644, 657a, 657f, and 657r of this title; and

  (vi) advising on compliance with contracting regulations (including the Federal Acquisition Regulation) after award of such a contract or subcontract;

  (B) reviewing and monitoring compliance with mentor-protege agreements under section 657r of this title;

  (C) representing the interests of the Administrator and small business concerns in the award, modification, and administration of contracts and subcontracts awarded pursuant to section 637(a) of this title; and

  (D) reporting fraud or abuse under section 636, 637, 644, 657a, 657f, or 657r of this title or any regulations implementing such sections.
• 15 U.S.C. § 633(g)(1)(C)

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  (C) representing the interests of the Administrator and small business concerns in the award, modification, and administration of contracts and subcontracts awarded pursuant to section 637(a) of this title; and
• 15 U.S.C. § 633(h)(1)

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  (1) The principal duties of a commercial market representative employed by the Administrator and reporting to the senior official appointed by the Administrator with responsibilities under sections 637, 644, 657a, and 657f of this title (or the designee of the official) shall be to advance the policies established in section 637(d)(1) of this title relating to subcontracting, including—

  (A) helping prime contractors to find small business concerns that are capable of performing subcontracts;

  (B) for contractors awarded contracts containing the clause described in section 637(d)(3) of this title, providing—

  (i) counseling on the responsibility of the contractor to maximize subcontracting opportunities for small business concerns;

  (ii) instruction on methods and tools to identify potential subcontractors that are small business concerns; and

  (iii) assistance to increase awards to subcontractors that are small business concerns through visits, training, and reviews of past performance;

  (C) providing counseling on how a small business concern may promote the capacity of the small business concern to contractors awarded contracts containing the clause described in section 637(d)(3) of this title; and

  (D) conducting periodic reviews of contractors awarded contracts containing the clause described in section 637(d)(3) of this title to assess compliance with subcontracting plans required under section 637(d)(6) of this title.
• 15 U.S.C. § 634(a)

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  (a) The Administration shall have power to adopt, alter, and use a seal, which shall be judicially noticed. The Administrator is authorized, subject to the civil service and classification laws, to select, employ, appoint, and fix the compensation of such officers, employees, attorneys, and agents as shall be necessary to carry out the provisions of this chapter; to define their authority and duties; and to pay the costs of qualification of certain of them as notaries public. The Administration, with the consent of any board, commission, independent establishment, or executive department of the Government, may avail itself on a reimbursable or nonreimbursable basis of the use of information, services, facilities (including any field service thereof), officers, and employees thereof, in carrying out the provisions of this chapter.
• 15 U.S.C. § 634(b)

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  (b) In the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter the Administrator may—

  (1) sue and be sued in any court of record of a State having general jurisdiction, or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Administrator or his property;

  (2) under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of loans granted under this chapter, and to collect or compromise all obligations assigned to or held by him and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligations may be referred to the Attorney General for suit or collection;

  (3) deal with, complete, renovate, improve, modernize, insure, or rent, or sell for cash or credit upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any real property conveyed to or otherwise acquired by him in connection with the payment of loans granted under this chapter;

  (4) pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Administrator in connection with loans made by him. This shall include authority to obtain deficiency judgments or otherwise in the case of mortgages assigned to the Administrator. Section 6101 of title 41 shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Administrator as a result of loans made under this chapter if the premium therefor or the amount thereof does not exceed $1,000. The power to convey and to execute in the name of the Administrator deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real property or any interest therein acquired by the Administrator pursuant to the provisions of this chapter may be exercised by the Administrator or by any officer or agent appointed by him without the execution of any express delegation of power or power of attorney. Nothing in this section shall be construed to prevent the Administrator from delegating such power by order or by power of attorney, in his discretion, to any officer or agent he may appoint;

  (5) acquire, in any lawful manner, any property (real, personal, or mixed, tangible or intangible), whenever deemed necessary or appropriate to the conduct of the activities authorized in sections 636(a) and 636(b) of this title;

  (6) make such rules and regulations as he deems necessary to carry out the authority vested in him by or pursuant to this chapter;

  (7) in addition to any powers, functions, privileges and immunities otherwise vested in him, take any and all actions (including the procurement of the services of attorneys by contract in any office where an attorney or attorneys are not or cannot be economically employed full time to render such services) when he determines such actions are necessary or desirable in making, servicing, compromising, modifying, liquidating, or otherwise dealing with or realizing on loans made under the provisions of this chapter: Provided, That with respect to deferred participation loans, including loans guaranteed under paragraph (15) or (35) of section 636(a) of this title, the Administrator may, in the discretion of and pursuant to regulations promulgated by the Administrator, authorize participating lending institutions to take actions relating to loan servicing on behalf of the Administrator, including determining eligibility and creditworthiness and loan monitoring, collection, and liquidation;

  (8) pay the transportation expenses and per diem in lieu of subsistence expenses, in accordance with subchapter I of chapter 57 of title 5, for travel of any person employed by the Administration to render temporary services not in excess of six months in connection with any disaster referred to in section 636(b) of this title from place of appointment to, and while at, the disaster area and any other temporary posts of duty and return upon completion of the assignment: Provided, That the Administrator may extend the six-month limitation for an additional six months if the Administrator determines the extension is necessary to continue efficient disaster loan making activities;

  (9) accept the services and facilities of Federal, State, and local agencies and groups, both public and private, and utilize such gratuitous services and facilities as may, from time to time, be necessary, to further the objectives of section 636(b) of this title;

  (10) upon purchase by the Administration of any deferred participation entered into under section 636 of this title, continue to charge a rate of interest not to exceed that initially charged by the participating institution on the amount so purchased for the remaining term of the indebtedness;

  (11) make such investigations as he deems necessary to determine whether a recipient of or participant in any assistance under this chapter or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, or of any rule or regulation under this chapter, or of any order issued under this chapter. The Administration shall permit any person to file with it a statement in writing, under oath or otherwise as the Administration shall determine, as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any investigation, the Administration is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a recipient or participant, the Administration may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Administration, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found;

  (12) impose, retain, and use only those fees which are specifically authorized by law or which are in effect on September 30, 1994, and in the amounts and at the rates in effect on such date, except that the Administrator may, subject to approval in appropriations Acts, impose, retain, and utilize, additional fees—

  (A) not to exceed $100 for each loan servicing action (other than a loan assumption) requested after disbursement of the loan, including any substitution of collateral, release or substitution of a guarantor, reamortization, or similar action;

  (B) not to exceed $300 for loan assumptions;

  (C) not to exceed 1 percent of the amount of requested financings under title III of the Small Business Investment Act of 1958 [15 U.S.C. 681 et seq.] for which the applicant requests a commitment from the Administration for funding during the following year; and

  (D) to recover the direct, incremental cost involved in the production and dissemination of compilations of information produced by the Administration under the authority of this chapter and the Small Business Investment Act of 1958 [15 U.S.C. 661 et seq.];

  (13) collect, retain and utilize, subject to approval in appropriations Acts, any amounts collected by fiscal transfer agents and not used by such agent as payment of the cost of loan pooling or debenture servicing operations, except that amounts collected under this paragraph and paragraph (12) shall be utilized solely to facilitate the administration of the program that generated the excess amounts; and

  (14) require any lender authorized to make loans under section 636 of this title to pay examination and review fees, which shall be deposited in the account for salaries and expenses of the Administration, and shall be available for the costs of examinations, reviews, and other lender oversight activities.
• 15 U.S.C. § 634(b)(1)

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  (1) sue and be sued in any court of record of a State having general jurisdiction, or in any United States district court, and jurisdiction is conferred upon such district court to determine such controversies without regard to the amount in controversy; but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Administrator or his property;
• 15 U.S.C. § 634(b)(2)

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  (2) under regulations prescribed by him, assign or sell at public or private sale, or otherwise dispose of for cash or credit, in his discretion and upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any evidence of debt, contract, claim, personal property, or security assigned to or held by him in connection with the payment of loans granted under this chapter, and to collect or compromise all obligations assigned to or held by him and all legal or equitable rights accruing to him in connection with the payment of such loans until such time as such obligations may be referred to the Attorney General for suit or collection;
• 15 U.S.C. § 634(b)(3)

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  (3) deal with, complete, renovate, improve, modernize, insure, or rent, or sell for cash or credit upon such terms and conditions and for such consideration as the Administrator shall determine to be reasonable, any real property conveyed to or otherwise acquired by him in connection with the payment of loans granted under this chapter;
• 15 U.S.C. § 634(b)(4)

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  (4) pursue to final collection, by way of compromise or otherwise, all claims against third parties assigned to the Administrator in connection with loans made by him. This shall include authority to obtain deficiency judgments or otherwise in the case of mortgages assigned to the Administrator. Section 6101 of title 41 shall not be construed to apply to any contract of hazard insurance or to any purchase or contract for services or supplies on account of property obtained by the Administrator as a result of loans made under this chapter if the premium therefor or the amount thereof does not exceed $1,000. The power to convey and to execute in the name of the Administrator deeds of conveyance, deeds of release, assignments and satisfactions of mortgages, and any other written instrument relating to real property or any interest therein acquired by the Administrator pursuant to the provisions of this chapter may be exercised by the Administrator or by any officer or agent appointed by him without the execution of any express delegation of power or power of attorney. Nothing in this section shall be construed to prevent the Administrator from delegating such power by order or by power of attorney, in his discretion, to any officer or agent he may appoint;
• 15 U.S.C. § 634(b)(7)

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  (7) in addition to any powers, functions, privileges and immunities otherwise vested in him, take any and all actions (including the procurement of the services of attorneys by contract in any office where an attorney or attorneys are not or cannot be economically employed full time to render such services) when he determines such actions are necessary or desirable in making, servicing, compromising, modifying, liquidating, or otherwise dealing with or realizing on loans made under the provisions of this chapter: Provided, That with respect to deferred participation loans, including loans guaranteed under paragraph (15) or (35) of section 636(a) of this title, the Administrator may, in the discretion of and pursuant to regulations promulgated by the Administrator, authorize participating lending institutions to take actions relating to loan servicing on behalf of the Administrator, including determining eligibility and creditworthiness and loan monitoring, collection, and liquidation;
• 15 U.S.C. § 634(b)(8)

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  (8) pay the transportation expenses and per diem in lieu of subsistence expenses, in accordance with subchapter I of chapter 57 of title 5, for travel of any person employed by the Administration to render temporary services not in excess of six months in connection with any disaster referred to in section 636(b) of this title from place of appointment to, and while at, the disaster area and any other temporary posts of duty and return upon completion of the assignment: Provided, That the Administrator may extend the six-month limitation for an additional six months if the Administrator determines the extension is necessary to continue efficient disaster loan making activities;
• 15 U.S.C. § 634(b)(12)

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  (12) impose, retain, and use only those fees which are specifically authorized by law or which are in effect on September 30, 1994, and in the amounts and at the rates in effect on such date, except that the Administrator may, subject to approval in appropriations Acts, impose, retain, and utilize, additional fees—

  (A) not to exceed $100 for each loan servicing action (other than a loan assumption) requested after disbursement of the loan, including any substitution of collateral, release or substitution of a guarantor, reamortization, or similar action;

  (B) not to exceed $300 for loan assumptions;

  (C) not to exceed 1 percent of the amount of requested financings under title III of the Small Business Investment Act of 1958 [15 U.S.C. 681 et seq.] for which the applicant requests a commitment from the Administration for funding during the following year; and

  (D) to recover the direct, incremental cost involved in the production and dissemination of compilations of information produced by the Administration under the authority of this chapter and the Small Business Investment Act of 1958 [15 U.S.C. 661 et seq.];
• 15 U.S.C. § 634(c)

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  (c) To such extent as he finds necessary to carry out the provisions of this chapter, the Administrator is authorized to procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such services shall be without regard to the civil-service and classification laws and, except in the case of stenographic reporting services by organizations, without regard to section 6101 of title 41. Any individual so employed may be compensated at a rate not in excess of the daily equivalent of the highest rate payable under section 5332 of title 5, including travel time, and, while such individual is away from his or her home or regular place of business, he or she may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5.
• 15 U.S.C. § 634(g)(6)

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  (6) If the amount of the guaranteed portion of any loan under section 636(a) of this title is more than $500,000, the Administrator shall, upon request of a pool assembler, divide the loan guarantee into increments of $500,000 and 1 increment of any remaining amount less than $500,000, in order to permit the maximum amount of any loan in a pool to be not more than $500,000. Only 1 increment of any loan guarantee divided under this paragraph may be included in the same pool. Increments of loan guarantees to different borrowers that are divided under this paragraph may be included in the same pool.
• 15 U.S.C. § 634(i)(1)(A)(i)

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  (i) to impartially decide matters relating to program decisions of the Administrator—

  (I) for which Congress requires a hearing on the record; or

  (II) that the Administrator designates for hearing by regulation; and
• 15 U.S.C. § 634(i)(1)(A)(i)(II)

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  (II) that the Administrator designates for hearing by regulation; and
• 15 U.S.C. § 634(i)(1)(B)(i)

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  (i) Except as provided in clause (ii), the Office of Hearings and Appeals shall hear appeals of agency actions under or pursuant to this chapter, the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.), and title 13 of the Code of Federal Regulations, and shall hear such other matters as the Administrator may determine appropriate.
• 15 U.S.C. § 634(i)(1)(C)

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  (C) The head of the Office of Hearings and Appeals shall be the Chief Hearing Officer appointed under section 633(b)(1) of this title, who shall be responsible to the Administrator.
• 15 U.S.C. § 634(i)(4)(A)

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  (A) Not later than 2 days after the date on which a final determination that a business concern does not meet the requirements of the status such concern claims to hold is made, such concern or the Administrator, as applicable, shall update the status of such concern in the System for Award Management (or any successor system).
• 15 U.S.C. § 634(i)(4)(B)

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  (B) If such concern fails to update the status of such concern as described in subparagraph (A), not later than 2 days after such failure the Administrator shall make such update.
• 15 U.S.C. § 634b(12)

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  (12) evaluate the efforts of each department and agency of the United States, and of private industry, to assist small business concerns owned and controlled by veterans, as defined in section 632(q) of this title, and small business concerns owned and controlled by serviced-disabled² veterans, as defined in such section 632(q) of this title, and to provide statistical information on the utilization of such programs by such small business concerns, and to make appropriate recommendations to the Administrator of the Small Business Administration and to the Congress in order to promote the establishment and growth of those small business concerns.
• 15 U.S.C. § 634g(b)

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  (b) The Administrator of the Small Business Administration shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations, together with such equipment, operating budget, and communications facilities and services as may be necessary, and shall provide necessary maintenance services for such offices and the equipment and facilities located in such offices.
• 15 U.S.C. § 635(a)

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  (a) All moneys of the Administration not otherwise employed may be deposited with the Treasury of the United States subject to check by authority of the Administration. The Federal Reserve banks are authorized and directed to act as depositaries, custodians, and fiscal agents for the Administration in the general performance of its powers conferred by this chapter. Any banks insured by the Federal Deposit Insurance Corporation, when designated by the Secretary of the Treasury, shall act as custodians and financial agents for the Administration. Each Federal Reserve bank, when designated by the Administrator as fiscal agent for the Administration, shall be entitled to be reimbursed for all expenses incurred as such fiscal agent.
• 15 U.S.C. § 635(b)

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  (b) The Administrator shall contribute to the employees’ compensation fund, on the basis of annual billings as determined by the Secretary of Labor, for the benefit payments made from such fund on account of employees engaged in carrying out functions financed by the revolving fund established by section 633(c) of this title. The annual billings shall also include a statement of the fair portion of the cost of the administration of such fund, which shall be paid by the Administrator into the Treasury as miscellaneous receipts.
• 15 U.S.C. § 636(a)(1)(A)(i)

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  (i) The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere. No financial assistance shall be extended pursuant to this subsection if the applicant can obtain credit elsewhere. No immediate participation may be purchased unless it is shown that a deferred participation is not available; and no direct financing may be made unless it is shown that a participation is not available.
• 15 U.S.C. § 636(a)(1)(A)(ii)

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  (ii) On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the lender determines that the borrower is unable to obtain credit elsewhere solely because the liquidity of the lender depends upon the guaranteed portion of the loan being sold on the secondary market.
• 15 U.S.C. § 636(a)(1)(B)

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  (B) Prior to the approval of any loan made pursuant to this subsection, or section 503 of the Small Business Investment Act of 1958 [15 U.S.C. 697], the Administrator may verify the applicant’s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime Information Center computer system at the Federal Bureau of Investigation.
• 15 U.S.C. § 636(a)(1)(C)

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  (C) On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the sole purpose for requesting the guarantee is to allow the lender to exceed the legal lending limit of the lender.
• 15 U.S.C. § 636(a)(2)(C)(iii)

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  (iii) For purposes of this subparagraph, the term “Preferred Lenders Program” means any program established by the Administrator, as authorized under the proviso in section 634(b)(7) of this title, under which a written agreement between the lender and the Administration delegates to the lender—

  (I) complete authority to make and close loans with a guarantee from the Administration without obtaining the prior specific approval of the Administration; and

  (II) complete authority to service and liquidate such loans without obtaining the prior specific approval of the Administration for routine servicing and liquidation activities, but shall not take any actions creating an actual or apparent conflict of interest.
• 15 U.S.C. § 636(a)(7)(A)

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  (A) The Administrator may defer payments on the principal and interest of such loans for a grace period and use such other methods as it deems necessary and appropriate to assure the successful establishment and operation of such concern.
• 15 U.S.C. § 636(a)(7)(B)

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  (B) With respect to a deferral provided under this paragraph, the Administrator may allow lenders under this subsection—

  (i) to provide full payment deferment relief (including payment of principal and interest) for a period of not more than 1 year; and

  (ii) to provide an additional deferment period if the borrower provides documentation justifying such additional deferment.
• 15 U.S.C. § 636(a)(7)(C)(i)

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  (i) Except as provided in clause (ii), if an investor declines to approve a deferral or additional deferment requested by a lender under subparagraph (B), the Administrator shall exercise the authority to purchase the loan so that the borrower may receive full payment deferment relief (including payment of principal and interest) or an additional deferment as described in subparagraph (B).
• 15 U.S.C. § 636(a)(7)(C)(ii)

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  (ii) If, in a fiscal year, the Administrator determines that the cost of implementing clause (i) is greater than zero, the Administrator shall not implement that clause.
• 15 U.S.C. § 636(a)(14)(A)

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  (A) The Administrator may provide extensions of credit, standby letters of credit, revolving lines of credit for export purposes, and other financing to enable small business concerns, including small business export trading companies and small business export management companies, to develop foreign markets. A bank or participating lending institution may establish the rate of interest on such financings as may be legal and reasonable.
• 15 U.S.C. § 636(a)(14)(B)(i)

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  (i) The Administrator may not guarantee a loan under this paragraph of more than $5,000,000.
• 15 U.S.C. § 636(a)(14)(B)(ii)(I)

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  (I) For a loan under this paragraph, the Administrator shall collect the fee assessed under paragraph (23) not more frequently than once each year.
• 15 U.S.C. § 636(a)(14)(B)(ii)(II)

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  (II) The Administrator may not assess a fee on capital that is not accessed by the small business concern.
• 15 U.S.C. § 636(a)(14)(D)

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  (D) The Administrator shall aggressively market its export financing program to small businesses.
• 15 U.S.C. § 636(a)(15)(A)(i)

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  (i) to qualified employee trusts with respect to a small business concern for the purpose of purchasing, and for any transaction costs associated with purchasing, stock of the concern under a plan approved by the Administrator which, when carried out, results in the qualified employee trust owning at least 51 per centum of the stock of the concern; and
• 15 U.S.C. § 636(a)(15)(A)(ii)

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  (ii) to a small business concern under a plan approved by the Administrator, if the proceeds from the loan are only used to make a loan to a qualified employee trust, and for any transaction costs associated with making that loan, that results in the qualified employee trust owning at least 51 percent of the small business concern.
• 15 U.S.C. § 636(a)(15)(B)

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  (B) The plan requiring the Administrator’s approval under subparagraph (A) shall be submitted to the Administration by the trustee of such trust or by the small business concern with its application for the guarantee. Such plan shall include an agreement with the Administrator which is binding on such trust and on the small business concern and which provides that—

  (i) not later than the date the loan guaranteed under subparagraph (A) is repaid (or as soon thereafter as is consistent with the requirements of section 401(a) of title 26), at least 51 per centum of the total stock of such concern shall be allocated to the accounts of at least 51 per centum of the employees of such concern who are entitled to share in such allocation,

  (ii) there will be periodic reviews of the role in the management of such concern of employees to whose accounts stock is allocated,

  (iii) there will be adequate management to assure management expertise and continuity, and

  (iv) with respect to a loan made to a trust, or to a cooperative in accordance with paragraph (35)—

  (I) a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern when a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern; and

  (II) any seller of the small business concern who remains as an owner of the small business concern, regardless of the percentage of ownership interest, shall be required to provide a personal guarantee by the Administration.
• 15 U.S.C. § 636(a)(15)(E)(i)

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  (i) the total number of loans made to employee-owned business concerns that were guaranteed by the Administrator under this subsection or section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696), including the number of loans made—

  (I) to small business concerns owned and controlled by socially and economically disadvantaged individuals; and

  (II) to cooperatives;
• 15 U.S.C. § 636(a)(15)(G)

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  (G) With respect to a loan made to a qualified employee trust under this paragraph, or to a cooperative in accordance with paragraph (35), the Administrator may, as deemed appropriate, elect to not require any mandatory equity to be provided by the qualified employee trust or cooperative to make the loan.
• 15 U.S.C. § 636(a)(16)(A)

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  (A) If the Administrator determines that a loan guaranteed under this subsection will allow an eligible small business concern that is engaged in or adversely affected by international trade to improve its competitive position, the Administrator may make such loan to assist such concern—

  (i) in the financing of the acquisition, construction, renovation, modernization, improvement, or expansion of productive facilities or equipment to be used in the United States in the production of goods and services involved in international trade;

  (ii) in the refinancing of existing indebtedness that is not structured with reasonable terms and conditions, including any debt that qualifies for refinancing under any other provision of this subsection; or

  (iii) by providing working capital.
• 15 U.S.C. § 636(a)(16)(B)(ii)

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  (ii) A loan under this paragraph may be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern, if the Administrator determines the lien provides adequate assurance of the payment of the loan.
• 15 U.S.C. § 636(a)(16)(C)

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  (C) For purposes of this paragraph, a small business concern is engaged in international trade if, as determined by the Administrator, the small business concern is in a position to expand existing export markets or develop new export markets.
• 15 U.S.C. § 636(a)(16)(D)

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  (D) For purposes of this paragraph, a small business concern is adversely affected by international trade if, as determined by the Administrator, the small business concern—

  (i) is confronting increased competition with foreign firms in the relevant market; and

  (ii) is injured by such competition.
• 15 U.S.C. § 636(a)(16)(E)

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  (E) For purposes of subparagraph (D)(ii) the Administrator shall accept any finding of injury by the International Trade Commission or any finding of injury by the Secretary of Commerce pursuant to chapter 3 of title II of the Trade Act of 1974 [19 U.S.C. 2341 et seq.].
• 15 U.S.C. § 636(a)(16)(F)(i)

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  (i) The Administrator shall publish an annual list of the banks and participating lending institutions that, during the 1-year period ending on the date of publication of the list, have made loans guaranteed by the Administration under—

  (I) this paragraph;

  (II) paragraph (14); or

  (III) paragraph (34).
• 15 U.S.C. § 636(a)(16)(F)(ii)

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  (ii) The Administrator shall—

  (I) post the list published under clause (i) on the website of the Administration; and

  (II) make the list published under clause (i) available, upon request, at each district office of the Administration.
• 15 U.S.C. § 636(a)(19)(C)(i)

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  (i) The Administrator may permit lenders participating in the Certified Lenders Program to liquidate loans made with a guarantee from the Administration pursuant to a liquidation plan approved by the Administrator.
• 15 U.S.C. § 636(a)(19)(C)(ii)

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  (ii) If the Administrator does not approve or deny a request for approval of a liquidation plan within 10 business days of the date on which the request is made (or with respect to any routine liquidation activity under such a plan, within 5 business days) such request shall be deemed to be approved.
• 15 U.S.C. § 636(a)(25)(A)

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  (A) Not more than 10 percent of the total number of loans guaranteed in any fiscal year under this subsection may be awarded as part of a pilot program which is commenced by the Administrator on or after October 1, 1996.
• 15 U.S.C. § 636(a)(25)(C)

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  (C) The Administrator may carry out the low documentation loan program for loans of $100,000 or less only through lenders with significant experience in making small business loans. Not later than 90 days after September 30, 1996, the Administrator shall promulgate regulations defining the experience necessary for participation as a lender in the low documentation loan program.
• 15 U.S.C. § 636(a)(31)(F)(ii)

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  (ii) The Administrator may make a loan under the Express Loan Program for the purpose of—

  (I) purchasing a renewable energy system; or

  (II) carrying out an energy efficiency project for a small business concern.
• 15 U.S.C. § 636(a)(31)(G)(i)

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  (i) The Administrator may not collect a guarantee fee described in paragraph (18) in connection with a loan made under this paragraph to a veteran or spouse of a veteran on or after October 1, 2015.
• 15 U.S.C. § 636(a)(31)(H)(i)

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  (i) The Administrator may guarantee an express loan to a small business concern located in a disaster area in accordance with this subparagraph.
• 15 U.S.C. § 636(a)(31)(H)(v)

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  (v) A loan guaranteed under clause (i) may only be made to a small business concern that demonstrates, to the satisfaction of the Administrator, sufficient capacity to repay the loan.
• 15 U.S.C. § 636(a)(31)(H)(vi)(I)

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  (I) Not later than 90 days after the date on which a request for purchase is filed with the Administrator, the Administrator shall determine whether to pay the guaranteed portion of the loan.
• 15 U.S.C. § 636(a)(31)(H)(vi)(II)

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  (II) Notwithstanding any other provision of law, unless there is a subsequent finding of fraud by a court of competent jurisdiction relating to a loan guaranteed under clause (i), on and after the date that is 6 months after the date on which the Administrator determines to pay the guaranteed portion of the loan, the Administrator may not attempt to recapture the paid guarantee.
• 15 U.S.C. § 636(a)(31)(H)(vii)(I)

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  (I) Unless the Administrator has waived the guarantee fee that would otherwise be collected by the Administrator under paragraph (18) for a loan guaranteed under clause (i), and except as provided in subclause (II), the guarantee fee for the loan shall be equal to the guarantee fee that the Administrator would collect if the guarantee rate for the loan was 50 percent.
• 15 U.S.C. § 636(a)(31)(H)(viii)

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  (viii) Not later than 270 days after November 25, 2015, the Administrator shall promulgate rules to carry out this subparagraph.
• 15 U.S.C. § 636(a)(32)(B)

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  (B) The Administrator shall establish and carry out a pilot program under which the Administrator shall reduce the fees for covered energy efficiency loans.
• 15 U.S.C. § 636(a)(32)(C)

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  (C) The pilot program shall terminate at the end of the second full fiscal year after the date that the Administrator establishes the pilot program.
• 15 U.S.C. § 636(a)(32)(D)

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  (D) A covered energy efficiency loan shall include the maximum participation levels by the Administrator permitted for loans made under this subsection.
• 15 U.S.C. § 636(a)(32)(E)(ii)

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  (ii) The Administrator may waive clause (i) for a fiscal year if—

  (I) for the fiscal year before that fiscal year, the annual rate of default of covered energy efficiency loans exceeds that of loans made under this subsection that are not covered energy efficiency loans;

  (II) the cost to the Administration of making loans under this subsection is greater than zero and such cost is directly attributable to the cost of making covered energy efficiency loans; and

  (III) no additional sources of revenue authority are available to reduce the cost of making loans under this subsection to zero.
• 15 U.S.C. § 636(a)(32)(E)(iii)

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  (iii) If the Administrator waives the reduction of fees under clause (ii), the Administrator—

  (I) shall not assess or collect fees in an amount greater than necessary to ensure that the cost of the program under this subsection is not greater than zero; and

  (II) shall reinstate the fee reductions under clause (i) when the conditions in clause (ii) no longer apply.
• 15 U.S.C. § 636(a)(32)(E)(iv)

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  (iv) The Administrator shall not increase the fees under paragraph (18) on loans made under this subsection that are not covered energy efficiency loans as a direct result of the pilot program.
• 15 U.S.C. § 636(a)(33)(B)

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  (B) The Administrator shall establish and carry out a pilot program under which the Administrator shall reduce the fees for veteran participation loans.
• 15 U.S.C. § 636(a)(33)(C)

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  (C) The pilot program shall terminate at the end of the second full fiscal year after the date that the Administrator establishes the pilot program.
• 15 U.S.C. § 636(a)(33)(D)

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  (D) A veteran participation loan shall include the maximum participation levels by the Administrator permitted for loans made under this subsection.
• 15 U.S.C. § 636(a)(33)(E)(ii)

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  (ii) The Administrator may waive clause (i) for a fiscal year if—

  (I) for the fiscal year before that fiscal year, the annual estimated rate of default of veteran participation loans exceeds that of loans made under this subsection that are not veteran participation loans;

  (II) the cost to the Administration of making loans under this subsection is greater than zero and such cost is directly attributable to the cost of making veteran participation loans; and

  (III) no additional sources of revenue authority are available to reduce the cost of making loans under this subsection to zero.
• 15 U.S.C. § 636(a)(33)(E)(iii)

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  (iii) If the Administrator waives the reduction of fees under clause (ii), the Administrator—

  (I) shall not assess or collect fees in an amount greater than necessary to ensure that the cost of the program under this subsection is not greater than zero; and

  (II) shall reinstate the fee reductions under clause (i) when the conditions in clause (ii) no longer apply.
• 15 U.S.C. § 636(a)(33)(E)(iv)

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  (iv) The Administrator shall not increase the fees under paragraph (18) on loans made under this subsection that are not veteran participation loans as a direct result of the pilot program.
• 15 U.S.C. § 636(a)(34)(B)

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  (B) The Administrator may guarantee the timely payment of an express loan to a small business concern made for an export development activity.
• 15 U.S.C. § 636(a)(34)(C)(ii)

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  (ii) For an express loan guaranteed under this paragraph, the Administrator shall guarantee—

  (I) 90 percent of a loan that is not more than $350,000; and

  (II) 75 percent of a loan that is more than $350,000 and not more than $500,000.
• 15 U.S.C. § 636(a)(35)(A)

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  (A) In this paragraph, the term “cooperative” means an entity that is determined to be a cooperative by the Administrator, in accordance with applicable Federal and State laws and regulation.
• 15 U.S.C. § 636(a)(36)(A)(xvii)(II)

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  (II) does not include any entity that, if the entity were a business concern, would be described in section 120.110 of title 13, Code of Federal Regulations (or in any successor regulation or other related guidance or rule that may be issued by the Administrator) other than a business concern described in paragraph (a) or (k) of such section.
• 15 U.S.C. § 636(a)(36)(B)

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  (B) Except as otherwise provided in this paragraph, the Administrator may guarantee covered loans under the same terms, conditions, and processes as a loan made under this subsection.
• 15 U.S.C. § 636(a)(36)(D)(ii)(II)

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  (II) An eligible self-employed individual, independent contractor, or sole proprietorship seeking a covered loan shall submit such documentation as determined necessary by the Administrator and the Secretary, to establish the applicant as eligible.
• 15 U.S.C. § 636(a)(36)(D)(iii)(II)(aa)(AA)

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  (AA) that employs not more than 500 employees, or the size standard established by the Administrator for the North American Industry Classification System code applicable to the business concern, per physical location of such business concern; or
• 15 U.S.C. § 636(a)(36)(D)(iii)(IV)(aa)

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  (aa) the business concern or organization employs not more than 500 employees, or the size standard established by the Administrator for that North American Industry Classification code, per physical location of the business concern or organization; and
• 15 U.S.C. § 636(a)(36)(D)(iv)(IV)(aa)

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  (aa) any business concern (including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) without regard for whether such a station is a concern as defined in section 121.105 of title 13, Code of Federal Regulations, or any successor thereto) that employs not more than 500 employees, or the size standard established by the Administrator for the North American Industry Classification System code applicable to the business concern, per physical location of such business concern and is majority owned or controlled by a business concern that is assigned a North American Industry Classification System code beginning with 511110 or 5151; or
• 15 U.S.C. § 636(a)(36)(D)(iv)(V)(aa)

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  (aa) employs not more than 500 employees, or the size standard established by the Administrator for that North American Industry Classification code, per physical location of the business concern or organization; and
• 15 U.S.C. § 636(a)(36)(D)(viii)(II)

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  (II) With respect to a business concern or organization made eligible by subclause (II) or (IV) of clause (iii) or subclause (IV) or (V) of clause (iv) of this subparagraph, the Administrator shall not consider whether any affiliated entity, which for purposes of this subclause shall include any entity that owns or controls such business concern or organization, is an issuer.
• 15 U.S.C. § 636(a)(36)(F)(ii)(I)

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  (I) For purposes of making covered loans for the purposes described in clause (i), a lender approved to make loans under this subsection shall be deemed to have been delegated authority by the Administrator to make and approve covered loans, subject to the provisions of this paragraph.
• 15 U.S.C. § 636(a)(36)(F)(iii)

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  (iii) The authority to make loans under this paragraph shall be extended to additional lenders determined by the Administrator and the Secretary of the Treasury to have the necessary qualifications to process, close, disburse and service loans made with the guarantee of the Administration.
• 15 U.S.C. § 636(a)(36)(F)(v)

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  (v) Notwithstanding the waiver of the personal guarantee requirement or collateral under subparagraph (J), the Administrator shall have no recourse against any individual shareholder, member, or partner of an eligible recipient of a covered loan for nonpayment of any covered loan, except to the extent that such shareholder, member, or partner uses the covered loan proceeds for a purpose not authorized under clause (i) or (iv).
• 15 U.S.C. § 636(a)(36)(H)(i)

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  (i) in lieu of the fee otherwise applicable under paragraph (23)(A), the Administrator shall collect no fee; and
• 15 U.S.C. § 636(a)(36)(H)(ii)

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  (ii) in lieu of the fee otherwise applicable under paragraph (18)(A), the Administrator shall collect no fee.
• 15 U.S.C. § 636(a)(36)(M)(ii)

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  (ii) The Administrator shall—

  (I) consider each eligible recipient that applies for a covered loan to be an impacted borrower; and

  (II) require lenders under this subsection to provide complete payment deferment relief for impacted borrowers with covered loans, including payment of principal, interest, and fees, until the date on which the amount of forgiveness determined under section 636m of this title is remitted to the lender.
• 15 U.S.C. § 636(a)(36)(M)(iii)

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  (iii) With respect to a covered loan that is sold on the secondary market, if an investor declines to approve a deferral requested by a lender under clause (ii), the Administrator shall exercise the authority to purchase the loan so that the impacted borrower may receive a deferral, including payment of principal, interest, and fees, until the date on which the amount of forgiveness determined under section 636m of this title is remitted to the lender.
• 15 U.S.C. § 636(a)(36)(M)(iv)

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  (iv) Not later than 30 days after March 27, 2020, the Administrator shall provide guidance to lenders under this paragraph on the deferment process described in this subparagraph.
• 15 U.S.C. § 636(a)(36)(N)

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  (N) A covered loan shall be eligible to be sold in the secondary market consistent with this subsection. The Administrator may not collect any fee for any guarantee sold into the secondary market under this subparagraph.
• 15 U.S.C. § 636(a)(36)(P)(i)

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  (i) The Administrator shall reimburse a lender authorized to make a covered loan as follows:

  (I) With respect to a covered loan made during the period beginning on March 27, 2020, and ending on the day before December 27, 2020, the Administrator shall reimburse such a lender at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

  (aa) 5 percent for loans of not more than $350,000;

  (bb) 3 percent for loans of more than $350,000 and less than $2,000,000; and

  (cc) 1 percent for loans of not less than $2,000,000.

  (II) With respect to a covered loan made on or after December 27, 2020, the Administrator shall reimburse such a lender—

  (aa) for a covered loan of not more than $50,000, in an amount equal to the lesser of—

  (AA) 50 percent of the balance of the financing outstanding at the time of disbursement of the covered loan; or

  (BB) $2,500; and

  (bb) at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

  (AA) 5 percent for a covered loan of more than $50,000 and not more than $350,000;

  (BB) 3 percent for a covered loan of more than $350,000 and less than $2,000,000; and

  (CC) 1 percent for a covered loan of not less than $2,000,000.
• 15 U.S.C. § 636(a)(36)(P)(i)(I)

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  (I) With respect to a covered loan made during the period beginning on March 27, 2020, and ending on the day before December 27, 2020, the Administrator shall reimburse such a lender at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

  (aa) 5 percent for loans of not more than $350,000;

  (bb) 3 percent for loans of more than $350,000 and less than $2,000,000; and

  (cc) 1 percent for loans of not less than $2,000,000.
• 15 U.S.C. § 636(a)(36)(P)(i)(II)

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  (II) With respect to a covered loan made on or after December 27, 2020, the Administrator shall reimburse such a lender—

  (aa) for a covered loan of not more than $50,000, in an amount equal to the lesser of—

  (AA) 50 percent of the balance of the financing outstanding at the time of disbursement of the covered loan; or

  (BB) $2,500; and

  (bb) at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

  (AA) 5 percent for a covered loan of more than $50,000 and not more than $350,000;

  (BB) 3 percent for a covered loan of more than $350,000 and less than $2,000,000; and

  (CC) 1 percent for a covered loan of not less than $2,000,000.
• 15 U.S.C. § 636(a)(36)(P)(ii)

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  (ii) An agent that assists an eligible recipient to prepare an application for a covered loan may not collect a fee in excess of the limits established by the Administrator. If an eligible recipient has knowingly retained an agent, such fees shall be paid by the eligible recipient and may not be paid out of the proceeds of a covered loan. A lender shall only be responsible for paying fees to an agent for services for which the lender directly contracts with the agent.
• 15 U.S.C. § 636(a)(36)(P)(iv)

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  (iv) It is the sense of the Senate that the Administrator should issue guidance to lenders and agents to ensure that the processing and disbursement of covered loans prioritizes small business concerns and entities in underserved and rural markets, including veterans and members of the military community, small business concerns owned and controlled by socially and economically disadvantaged individuals (as defined in section 637(d)(3)(C) of this title), women, and businesses in operation for less than 2 years.
• 15 U.S.C. § 636(a)(36)(S)(i)

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  (i) In making loan guarantees under this paragraph after April 24, 2020, the Administrator shall guarantee not less than $30,000,000,000 in loans made by—

  (I) insured depository institutions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000; and

  (II) credit unions with consolidated assets of not less than $10,000,000,000 and less than $50,000,000,000.
• 15 U.S.C. § 636(a)(36)(S)(ii)

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  (ii) In making loan guarantees under this paragraph after April 24, 2020, the Administrator shall guarantee not less than $30,000,000,000 in loans made by—

  (I) community financial institutions;

  (II) insured depository institutions with consolidated assets of less than $10,000,000,000; and

  (III) credit unions with consolidated assets of less than $10,000,000,000.
• 15 U.S.C. § 636(a)(37)(A)(iv)(III)(aa)

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  (aa) any entity that is a type of business concern (or would be, if such entity were a business concern) described in section 120.110 of title 13, Code of Federal Regulations (or in any successor regulation or other related guidance or rule that may be issued by the Administrator) other than a business concern described in subsection (a) or (k) of such section; or
• 15 U.S.C. § 636(a)(37)(B)

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  (B) Except as otherwise provided in this paragraph, the Administrator may guarantee covered loans to eligible entities under the same terms, conditions, and processes as a loan made under paragraph (36).
• 15 U.S.C. § 636(a)(37)(D)(ii)

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  (ii) For purposes of applying clause (i), the Administrator shall substitute “not more than 300 employees” for “not more than 500 employees” in paragraph (36)(D)(iii).
• 15 U.S.C. § 636(a)(37)(E)(ii)

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  (ii) For purposes of applying clause (i), the Administrator shall substitute “not more than 300 employees” for “not more than 500 employees” in subclause (I) and (IV) of paragraph (36)(D)(iv).
• 15 U.S.C. § 636(a)(37)(H)(i)

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  (i) in lieu of the fee otherwise applicable under paragraph (23)(A), the Administrator shall collect no fee; and
• 15 U.S.C. § 636(a)(37)(H)(ii)

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  (ii) in lieu of the fee otherwise applicable under paragraph (18)(A), the Administrator shall collect no fee.
• 15 U.S.C. § 636(a)(37)(L)

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  (L) The Administrator shall reimburse a lender authorized to make a covered loan—

  (i) for a covered loan of not more than $50,000, in an amount equal to the lesser of—

  (I) 50 percent of the balance of the financing outstanding at the time of disbursement of the covered loan; or

  (II) $2,500;

  (ii) at a rate, based on the balance of the financing outstanding at the time of disbursement of the covered loan, of—

  (I) 5 percent for a covered loan of more than $50,000 and not more than $350,000; and

  (II) 3 percent for a covered loan of more than $350,000.
• 15 U.S.C. § 636(a)(37)(M)

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  (M) Not later than 10 days after December 27, 2020, the Administrator shall issue guidance addressing barriers to accessing capital for minority, underserved, veteran, and women-owned business concerns for the purpose of ensuring equitable access to covered loans.
• 15 U.S.C. § 636(a)(37)(N)

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  (N) The Administrator shall, to the maximum extent practicable, allow a lender approved to make covered loans to use existing program guidance and standard operating procedures for loans made under this subsection.
• 15 U.S.C. § 636(b)

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  (b) Except as to agricultural enterprises as defined in section 647(b)(1) of this title, the Administration also is empowered to the extent and in such amounts as provided in advance in appropriation Acts—

  (A) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis) as the Administration may determine to be necessary or appropriate to repair, rehabilitate or replace property, real or personal, damaged or destroyed by or as a result of natural or other disasters: Provided, That such damage or destruction is not compensated for by insurance or otherwise: And provided further, That the Administration may increase the amount of the loan by up to an additional 20 per centum of the aggregate costs of such damage or destruction (whether or not compensated for by insurance or otherwise) if it determines such increase to be necessary or appropriate in order to protect the damaged or destroyed property from possible future disasters by taking mitigating measures, including—

  (i) construction of retaining walls and sea walls;

  (ii) grading and contouring land; and

  (iii) relocating utilities and modifying structures, including construction of a safe room or similar storm shelter designed to protect property and occupants from tornadoes or other natural disasters, if such safe room or similar storm shelter is constructed in accordance with applicable standards issued by the Federal Emergency Management Agency;

  (B) to refinance any mortgage or other lien against a totally destroyed or substantially damaged home or business concern: Provided, That no loan or guarantee shall be extended unless the Administration finds that (i) the applicant is not able to obtain credit elsewhere; (ii) such property is to be repaired, rehabilitated, or replaced; (iii) the amount refinanced shall not exceed the amount of physical loss sustained; and (iv) such amounts shall be reduced to the extent such mortgage or lien is satisfied by insurance or otherwise; and

  (C) during fiscal years 2000 through 2004, to establish a predisaster mitigation program to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis), as the Administrator may determine to be necessary or appropriate, to enable small businesses to use mitigation techniques in support of a formal mitigation program established by the Federal Emergency Management Agency, except that no loan or guarantee may be extended to a small business under this subparagraph unless the Administration finds that the small business is otherwise unable to obtain credit for the purposes described in this subparagraph;

  (2) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis) as the Administration may determine to be necessary or appropriate to any small business concern, private nonprofit organization, or small agricultural cooperative located in an area affected by a disaster,⁹ (including drought), with respect to both farm-related and nonfarm-related small business concerns, if the Administration determines that the concern, the organization, or the cooperative has suffered a substantial economic injury as a result of such disaster and if such disaster constitutes—

  (A) a major disaster, as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.);

  (B) a natural disaster, as determined by the Secretary of Agriculture pursuant to section 1961 of title 7, in which case, assistance under this paragraph may be provided to farm-related and nonfarm-related small business concerns, subject to the other applicable requirements of this paragraph;

  (C) a disaster, as determined by the Administrator of the Small Business Administration;

  (D) an emergency involving Federal primary responsibility determined to exist by the President under the section 5191(b) of title 42; or

  (E) if no disaster or emergency declaration has been issued pursuant to subparagraph (A), (B), (C), or (D), the Governor of a State in which a disaster or emergency has occurred may certify to the Small Business Administration that small business concerns, private nonprofit organizations, or small agricultural cooperatives (1) have suffered economic injury as a result of such disaster or emergency, and (2) are in need of financial assistance which is not available on reasonable terms in the disaster- or emergency-stricken area. Not later than 30 days after the date of receipt of such certification by a Governor of a State, the Administration shall respond in writing to that Governor on its determination and the reasons therefore,¹⁰ and may then make such loans as would have been available under this paragraph if a disaster or emergency declaration had been issued.

  (A) In this paragraph—

  (i) the term “active service” has the meaning given that term in section 101(d)(3) of title 10;

  (ii) the term “essential employee” means an individual who is employed by a small business concern and whose managerial or technical expertise is critical to the successful day-to-day operations of that small business concern; and

  (iii) the term “substantial economic injury” means an economic harm to a business concern that results in the inability of the business concern—

  (I) to meet its obligations as they mature;

  (II) to pay its ordinary and necessary operating expenses; or

  (III) to market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern.

  (B) The Administration may make such disaster loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) to assist a small business concern that has suffered or that is likely to suffer substantial economic injury as the result of an essential employee of such small business concern being ordered to perform active service for a period of more than 30 consecutive days.

  (C) A small business concern described in subparagraph (B) shall be eligible to apply for assistance under this paragraph during the period beginning on the date on which the essential employee is ordered to active service and ending on the date that is 1 year after the date on which such essential employee is discharged or released from active service. The Administrator may, when appropriate (as determined by the Administrator), extend the ending date specified in the preceding sentence by not more than 1 year.

  (D) Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2).

  (E) No loan may be made under this paragraph, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis, if the total amount outstanding and committed to the borrower under this subsection would exceed $1,500,000, unless such applicant constitutes, or have¹¹ become due to changed economic circumstances, a major source of employment in its surrounding area, as determined by the Administration, in which case the Administration, in its discretion, may waive the $1,500,000 limitation.

  (F) For purposes of assistance under this paragraph, no declaration of a disaster area shall be required.

  (i) Notwithstanding any other provision of law, the Administrator may make a loan under this paragraph of not more than $50,000 without collateral.

  (ii) The Administrator may defer payment of principal and interest on a loan described in clause (i) during the longer of—

  (I) the 1-year period beginning on the date of the initial disbursement of the loan; and

  (II) the period during which the relevant essential employee is on active service.

  (H) The Administrator shall give priority to any application for a loan under this paragraph and shall process and make a determination regarding such applications prior to processing or making a determination on other loan applications under this subsection, on a rolling basis.

  (A) Notwithstanding any other provision of law, for any disaster declared under this subsection or major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), the Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, shall ensure, to the maximum extent practicable, that all application periods for disaster relief under this chapter correspond with application deadlines established under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or as extended by the President.

  (B) Notwithstanding any other provision of law, not later than 10 days before the closing date of an application period for a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), the Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes—

  (i) the deadline for submitting applications for assistance under this chapter relating to that major disaster;

  (ii) information regarding the number of loan applications and disbursements processed by the Administrator relating to that major disaster for each day during the period beginning on the date on which that major disaster was declared and ending on the date of that report; and

  (iii) an estimate of the number of potential applicants that have not submitted an application relating to that major disaster.

  (5) If a disaster is declared under this subsection or the Administrator declares eligibility for additional disaster assistance under paragraph (9), the Administrator shall make every effort to communicate through radio, television, print, and web-based outlets, all relevant information needed by disaster loan applicants, including—

  (A) the date of such declaration;

  (B) cities and towns within the area of such declaration;

  (C) loan application deadlines related to such disaster;

  (D) all relevant contact information for victim services available through the Administration (including links to small business development center websites);

  (E) links to relevant Federal and State disaster assistance websites, including links to websites providing information regarding assistance available from the Federal Emergency Management Agency;

  (F) information on eligibility criteria for Administration loan programs, including where such applications can be found; and

  (G) application materials that clearly state the function of the Administration as the Federal source of disaster loans for homeowners and renters.

  (A) The Administrator may enter into an agreement with a qualified private contractor, as determined by the Administrator, to process loans under this subsection in the event of a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), under which the Administrator shall pay the contractor a fee for each loan processed.

  (B) The Administrator may enter into an agreement with a qualified lender or loss verification professional, as determined by the Administrator, to verify losses for loans under this subsection in the event of a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), under which the Administrator shall pay the lender or verification professional a fee for each loan for which such lender or verification professional verifies losses.

  (A) In carrying out this section, the Administrator may, where practicable, ensure that the number of full-time equivalent employees—

  (i) in the Office of the Disaster Assistance is not fewer than 800; and

  (ii) in the Disaster Cadre of the Administration is not fewer than 1,000.

  (B) In carrying out this subsection, if the number of full-time employees for either the Office of Disaster Assistance or the Disaster Cadre of the Administration is below the level described in subparagraph (A) for that office, not later than 21 days after the date on which that staffing level decreased below the level described in subparagraph (A), the Administrator shall submit to the Committee on Appropriations and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Appropriations and Committee on Small Business of the House of Representatives, a report—

  (i) detailing staffing levels on that date;

  (ii) requesting, if practicable and determined appropriate by the Administrator, additional funds for additional employees; and

  (iii) containing such additional information, as determined appropriate by the Administrator.

  (A) Except as provided in subparagraph (B), and notwithstanding any other provision of law, the aggregate loan amount outstanding and committed to a borrower under this subsection may not exceed $2,000,000.

  (B) The Administrator may, at the discretion of the Administrator, increase the aggregate loan amount under subparagraph (A) for loans relating to a disaster to a level established by the Administrator, based on appropriate economic indicators for the region in which that disaster occurred.

  (A) If the President declares a major disaster, the Administrator may declare eligibility for additional disaster assistance in accordance with this paragraph.

  (B) A major disaster for which the Administrator declares eligibility for additional disaster assistance under this paragraph shall—

  (i) have resulted in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;

  (ii) be comparable to the description of a catastrophic incident in the National Response Plan of the Administration, or any successor thereto, unless there is no successor to such plan, in which case this clause shall have no force or effect; and

  (iii) be of such size and scope that—

  (I) the disaster assistance programs under the other paragraphs under this subsection are incapable of providing adequate and timely assistance to individuals or business concerns located within the disaster area; or

  (II) a significant number of business concerns outside the disaster area have suffered disaster-related substantial economic injury as a result of the incident.

  (i) If the Administrator declares eligibility for additional disaster assistance under this paragraph, the Administrator may make such loans under this subparagraph (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administrator determines appropriate to eligible small business concerns located anywhere in the United States.

  (I) If the Administrator determines that the average processing time for applications for disaster loans under this subparagraph relating to a specific major disaster is more than 15 days, the Administrator shall give priority to the processing of such applications submitted by eligible small business concerns located inside the disaster area, until the Administrator determines that the average processing time for such applications is not more than 15 days.

  (II) If the Administrator determines that the average processing time for applications for disaster loans under this subparagraph relating to a specific major disaster is more than 30 days, the Administrator shall suspend the processing of such applications submitted by eligible small business concerns located outside the disaster area, until the Administrator determines that the average processing time for such applications is not more than 15 days.

  (iii) A loan under this subparagraph shall be made on the same terms as a loan under paragraph (2).

  (D) In this paragraph—

  (i) the term “disaster area” means the area for which the applicable major disaster was declared;

  (ii) the term “disaster-related substantial economic injury” means economic harm to a business concern that results in the inability of the business concern to—

  (I) meet its obligations as it matures;

  (II) meet its ordinary and necessary operating expenses; or

  (III) market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern because the business concern relies on materials from the disaster area or sells or markets in the disaster area; and

  (iii) the term “eligible small business concern” means a small business concern—

  (I) that has suffered disaster-related substantial economic injury as a result of the applicable major disaster; and

  (aa) for which not less than 25 percent of the market share of that small business concern is from business transacted in the disaster area;

  (bb) for which not less than 25 percent of an input into a production process of that small business concern is from the disaster area; or

  (cc) that relies on a provider located in the disaster area for a service that is not readily available elsewhere.

  (10) The Administrator shall provide a clear and concise notification on all application materials for loans made under this subsection and on relevant websites notifying an applicant that the applicant may submit all documentation necessary for the approval of the loan at the time of application and that failure to submit all documentation could delay the approval and disbursement of the loan.

  (11) The Administrator shall establish and implement clear, written policies and procedures for analyzing the ability of a loan applicant to repay a loan made under this subsection.

  (A) The Administration may provide financial assistance to a small business development center, a women’s business center described in section 656 of this title, the Service Corps of Retired Executives, or any proposed consortium of such individuals or entities to spur disaster recovery and growth of small business concerns located in an area for which the President has declared a major disaster.

  (B) Financial assistance provided under this paragraph shall be in the form of a grant, contract, or cooperative agreement.

  (C) Matching funds shall not be required for any grant, contract, or cooperative agreement under this paragraph.

  (D) A recipient of financial assistance under this paragraph shall provide counseling, training, and other related services, such as promoting long-term resiliency, to small business concerns and entrepreneurs impacted by a major disaster.

  (i) The Administrator, in cooperation with the recipients of financial assistance under this paragraph, shall establish metrics and goals for performance of grants, contracts, and cooperative agreements under this paragraph, which shall include recovery of sales, recovery of employment, reestablishment of business premises, and establishment of new small business concerns.

  (ii) The Administrator shall base the goals and metrics for performance established under clause (i), in part, on the estimates of disaster impact prepared by the Office of Disaster Assistance for purposes of estimating loan-making requirements.

  (i) The term of any grant, contract, or cooperative agreement under this paragraph shall be for not more than 2 years.

  (ii) The Administrator may make 1 extension of a grant, contract, or cooperative agreement under this paragraph for a period of not more than 1 year, upon a showing of good cause and need for the extension.

  (G) Financial assistance provided under this paragraph is in addition to, and wholly separate from, any other form of assistance provided by the Administrator under this chapter.

  (H) The Administration shall award financial assistance under this paragraph on a competitive basis.

  (A) If a contractor or other person engages in malfeasance in connection with repairs to, rehabilitation of, or replacement of real or personal property relating to which a loan was made under this subsection and the malfeasance results in substantial economic damage to the recipient of the loan or substantial risks to health or safety, upon receiving documentation of the substantial economic damage or the substantial risk to health and safety from an independent loss verifier, and subject to subparagraph (B), the Administrator may increase the amount of the loan under this subsection, as necessary for the cost of repairs, rehabilitation, or replacement needed to address the cause of the economic damage or health or safety risk.

  (B) The Administrator may only increase the amount of a loan under subparagraph (A) upon receiving an appropriate certification from the borrower and person performing the mitigation attesting to the reasonableness of the mitigation costs and an assignment of any proceeds received from the person engaging in the malfeasance. The assignment of proceeds recovered from the person engaging in the malfeasance shall be equal to the amount of the loan under this section. Any mitigation activities shall be subject to audit and independent verification of completeness and cost reasonableness.

  (A) The Administrator, acting through the district offices of the Administration, shall identify locations that may be used as recovery centers by the Administration in the event of a disaster declared under this subsection or a major disaster.

  (B) Each district office of the Administration shall—

  (i) identify a location described in subparagraph (A) in each county, parish, or similar unit of general local government in the area served by the district office; and

  (ii) ensure that the locations identified under subparagraph (A) may be used as a recovery center without cost to the Government, to the extent practicable.

  (15) The Administrator shall increase oversight of entities receiving loans under paragraph (2), and may consider—

  (A) scheduled site visits to ensure borrower eligibility and compliance with requirements established by the Administrator; and

  (B) reviews of the use of the loan proceeds by an entity described in paragraph (2) to ensure compliance with requirements established by the Administrator.

  (A) In this paragraph—

  (i) the term “rural area” means any county or other political subdivision of a State, the District of Columbia, or a territory or possession of the United States that is designated as a rural area by the Bureau of the Census; and

  (ii) the term “significant damage” means, with respect to property, uninsured losses of not less than 40 percent of the estimated fair replacement value or pre-disaster fair market value of the damaged property, whichever is lower.

  (B) For the purpose of making loans under paragraph (1) or (2), the Administrator may declare a disaster in a rural area for which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) and for which individual assistance was not authorized under section 408 of such Act (42 U.S.C. 5174) if—

  (i) the Governor of the State or the Chief Executive of the Indian tribal government in which the rural area is located requests such a declaration; and

  (ii) any home, small business concern, private nonprofit organization, or small agricultural cooperative has incurred significant damage in the rural area.

  (C) Not later than 120 days after December 20, 2022, and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on, with respect to the 1-year period preceding submission of the report—

  (i) any economic injury that resulted from 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) in a rural area;

  (ii) each request for assistance made by the Governor of a State or the Chief Executive of an Indian tribal government under subparagraph (B)(i) and the response of the Administrator, including the timeline for each response; and

  (iii) any regulatory changes that will impact the ability of communities in rural areas to obtain disaster assistance under this subsection.

  (16) Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to a loan made under this subsection in response to COVID–19 during the covered period (as defined in section 9009(a) of this title) shall be filed not later than 10 years after the offense was committed.

  No loan under this subsection, including renewals and extensions thereof, may be made for a period or periods exceeding thirty years: Provided, That the Administrator may consent to a suspension in the payment of principal and interest charges on, and to an extension in the maturity of, the Federal share of any loan under this subsection for a period not to exceed five years, if (A) the borrower under such loan is a homeowner or a small business concern, (B) the loan was made to enable (i) such homeowner to repair or replace his home, or (ii) such concern to repair or replace plant or equipment which was damaged or destroyed as the result of a disaster meeting the requirements of clause (A) or (B) of paragraph (2) of this subsection, and (C) the Administrator determines such action is necessary to avoid severe financial hardship: Provided further, That the provisions of paragraph (1) of subsection (d) of this section shall not be applicable to any such loan having a maturity in excess of twenty years. Notwithstanding any other provision of law, and except as provided in subsection (d), the interest rate on the Administration’s share of any loan made under subsection (b) shall not exceed the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum: Provided, however, That the interest rate for loans made under paragraphs (1) and (2) hereof shall not exceed the rate of interest which is in effect at the time of the occurrence of the disaster. In agreements to participate in loans on a deferred basis under this subsection, such participation by the Administration shall not be in excess of 90 per centum of the balance of the loan outstanding at the time of disbursement. Notwithstanding any other provision of law, the interest rate on the Administration’s share of any loan made pursuant to paragraph (1) of this subsection to repair or replace a primary residence and/or replace or repair damaged or destroyed personal property, less the amount of compensation by insurance or otherwise, with respect to a disaster occurring on or after July 1, 1976, and prior to October 1, 1978, shall be: 1 per centum on the amount of such loan not exceeding $10,000, and 3 per centum on the amount of such loan over $10,000 but not exceeding $40,000. The interest rate on the Administration’s share of the first $250,000 of all other loans made pursuant to paragraph (1) of this subsection, with respect to a disaster occurring on or after July 1, 1976, and prior to October 1, 1978, shall be 3 per centum. All repayments of principal on the Administration’s share of any loan made under the above provisions shall first be applied to reduce the principal sum of such loan which bears interest at the lower rates provided in this paragraph. The principal amount of any loan made pursuant to paragraph (1) in connection with a disaster which occurs on or after April 1, 1977, but prior to January 1, 1978, may be increased by such amount, but not more than $2,000, as the Administration determines to be reasonable in light of the amount and nature of loss, damage, or injury sustained in order to finance the installation of insulation in the property which was lost, damaged, or injured, if the uninsured, damaged portion of the property is 10 per centum or more of the market value of the property at the time of the disaster. Not later than June 1, 1978, the Administration shall prepare and transmit to the Select Committee on Small Business of the Senate, the Committee on Small Business of the House of Representatives, and the Committees of the Senate and House of Representatives having jurisdiction over measures relating to energy conservation, a report on its activities under this paragraph, including therein an evaluation of the effect of such activities on encouraging the installation of insulation in property which is repaired or replaced after a disaster which is subject to this paragraph, and its recommendations with respect to the continuation, modification, or termination of such activities.

  In the administration of the disaster loan program under paragraphs (1) and (2) of this subsection, in the case of property loss or damage or injury resulting from a major disaster as determined by the President or a disaster as determined by the Administrator which occurs on or after January 1, 1971, and prior to July 1, 1973, the Small Business Administration, to the extent such loss or damage or injury is not compensated for by insurance or otherwise—

  (A) may make any loan for repair, rehabilitation, or replacement of property damaged or destroyed without regard to whether the required financial assistance is otherwise available from private sources;

  (B) may, in the case of the total destruction or substantial property damage of a home or business concern, refinance any mortgage or other liens outstanding against the destroyed or damaged property if such property is to be repaired, rehabilitated, or replaced, except that (1) in the case of a business concern, the amount refinanced shall not exceed the amount of the physical loss sustained, and (2) in the case of a home, the amount of each monthly payment of principal and interest on the loan after refinancing under this clause shall not be less than the amount of each such payment made prior to such refinancing;

  (C) may, in the case of a loan made under clause (A) or a mortgage or other lien refinanced under clause (B) in connection with the destruction of, or substantial damage to, property owned and used as a residence by an individual who by reason of retirement, disability, or other similar circumstances relies for support on survivor, disability, or retirement benefits under a pension, insurance, or other programs, consent to the suspension of the payments of the principal of that loan, mortgage, or lien during the lifetime of that individual and his spouse for so long as the Administration determines that making such payments would constitute a substantial hardship;

  (D) shall notwithstanding the provisions of any other law and upon presentation by the applicant of proof of loss or damage or injury and a bona fide estimate of cost of repair, rehabilitation, or replacement, cancel the principal of any loan made to cover a loss or damage or injury resulting from such disaster, except that—

  (i) with respect to a loan made in connection with a disaster occurring on or after January 1, 1971 but prior to January 1, 1972, the total amount so canceled shall not exceed $2,500, and the interest on the balance of the loan shall be at a rate of 3 per centum per annum; and

  (ii) with respect to a loan made in connection with a disaster occurring on or after January 1, 1972 but prior to July 1, 1973, the total amount so canceled shall not exceed $5,000 and the interest on the balance of the loan shall be at a rate of 1 percentum per annum.

  (E) ¹³ A State grant made on or prior to July 1, 1979, shall not be considered compensation for the purpose of applying the provisions of section 312(a) of the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5155(a)] to a disaster loan under paragraph (1) (2)¹⁴ of this subsection.

  With respect to any loan referred to in clause (D) which is outstanding on August 16, 1972, the Administrator shall—

  (i) make such change in the interest rate on the balance of such loan as is required under that clause effective as of August 16, 1972; and

  (ii) in applying the limitation set forth in that clause with respect to the total amount of such loan which may be canceled, consider as part of the amount so canceled any part of such loan which was previously canceled pursuant to section 231 of the Disaster Relief Act of 1970 [15 U.S.C. 636a].

  Whoever wrongfully misapplies the proceeds of a loan obtained under this subsection shall be civilly liable to the Administrator in an amount equal to one-and-one half times the original principal amount of the loan.
• 15 U.S.C. § 636(b)(1)(C)

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  (C) during fiscal years 2000 through 2004, to establish a predisaster mitigation program to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis), as the Administrator may determine to be necessary or appropriate, to enable small businesses to use mitigation techniques in support of a formal mitigation program established by the Federal Emergency Management Agency, except that no loan or guarantee may be extended to a small business under this subparagraph unless the Administration finds that the small business is otherwise unable to obtain credit for the purposes described in this subparagraph;
• 15 U.S.C. § 636(b)(2)(C)

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  (C) a disaster, as determined by the Administrator of the Small Business Administration;
• 15 U.S.C. § 636(b)(3)(C)

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  (C) A small business concern described in subparagraph (B) shall be eligible to apply for assistance under this paragraph during the period beginning on the date on which the essential employee is ordered to active service and ending on the date that is 1 year after the date on which such essential employee is discharged or released from active service. The Administrator may, when appropriate (as determined by the Administrator), extend the ending date specified in the preceding sentence by not more than 1 year.
• 15 U.S.C. § 636(b)(3)(G)(i)

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  (i) Notwithstanding any other provision of law, the Administrator may make a loan under this paragraph of not more than $50,000 without collateral.
• 15 U.S.C. § 636(b)(3)(G)(ii)

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  (ii) The Administrator may defer payment of principal and interest on a loan described in clause (i) during the longer of—

  (I) the 1-year period beginning on the date of the initial disbursement of the loan; and

  (II) the period during which the relevant essential employee is on active service.
• 15 U.S.C. § 636(b)(3)(H)

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  (H) The Administrator shall give priority to any application for a loan under this paragraph and shall process and make a determination regarding such applications prior to processing or making a determination on other loan applications under this subsection, on a rolling basis.
• 15 U.S.C. § 636(b)(4)(A)

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  (A) Notwithstanding any other provision of law, for any disaster declared under this subsection or major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), the Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, shall ensure, to the maximum extent practicable, that all application periods for disaster relief under this chapter correspond with application deadlines established under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), or as extended by the President.
• 15 U.S.C. § 636(b)(4)(B)

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  (B) Notwithstanding any other provision of law, not later than 10 days before the closing date of an application period for a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), the Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes—

  (i) the deadline for submitting applications for assistance under this chapter relating to that major disaster;

  (ii) information regarding the number of loan applications and disbursements processed by the Administrator relating to that major disaster for each day during the period beginning on the date on which that major disaster was declared and ending on the date of that report; and

  (iii) an estimate of the number of potential applicants that have not submitted an application relating to that major disaster.
• 15 U.S.C. § 636(b)(4)(B)(ii)

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  (ii) information regarding the number of loan applications and disbursements processed by the Administrator relating to that major disaster for each day during the period beginning on the date on which that major disaster was declared and ending on the date of that report; and
• 15 U.S.C. § 636(b)(5)

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  (5) If a disaster is declared under this subsection or the Administrator declares eligibility for additional disaster assistance under paragraph (9), the Administrator shall make every effort to communicate through radio, television, print, and web-based outlets, all relevant information needed by disaster loan applicants, including—

  (A) the date of such declaration;

  (B) cities and towns within the area of such declaration;

  (C) loan application deadlines related to such disaster;

  (D) all relevant contact information for victim services available through the Administration (including links to small business development center websites);

  (E) links to relevant Federal and State disaster assistance websites, including links to websites providing information regarding assistance available from the Federal Emergency Management Agency;

  (F) information on eligibility criteria for Administration loan programs, including where such applications can be found; and

  (G) application materials that clearly state the function of the Administration as the Federal source of disaster loans for homeowners and renters.
• 15 U.S.C. § 636(b)(6)(A)

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  (A) The Administrator may enter into an agreement with a qualified private contractor, as determined by the Administrator, to process loans under this subsection in the event of a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), under which the Administrator shall pay the contractor a fee for each loan processed.
• 15 U.S.C. § 636(b)(6)(B)

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  (B) The Administrator may enter into an agreement with a qualified lender or loss verification professional, as determined by the Administrator, to verify losses for loans under this subsection in the event of a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9)), under which the Administrator shall pay the lender or verification professional a fee for each loan for which such lender or verification professional verifies losses.
• 15 U.S.C. § 636(b)(7)(A)

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  (A) In carrying out this section, the Administrator may, where practicable, ensure that the number of full-time equivalent employees—

  (i) in the Office of the Disaster Assistance is not fewer than 800; and

  (ii) in the Disaster Cadre of the Administration is not fewer than 1,000.
• 15 U.S.C. § 636(b)(7)(B)

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  (B) In carrying out this subsection, if the number of full-time employees for either the Office of Disaster Assistance or the Disaster Cadre of the Administration is below the level described in subparagraph (A) for that office, not later than 21 days after the date on which that staffing level decreased below the level described in subparagraph (A), the Administrator shall submit to the Committee on Appropriations and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Appropriations and Committee on Small Business of the House of Representatives, a report—

  (i) detailing staffing levels on that date;

  (ii) requesting, if practicable and determined appropriate by the Administrator, additional funds for additional employees; and

  (iii) containing such additional information, as determined appropriate by the Administrator.
• 15 U.S.C. § 636(b)(7)(B)(ii)

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  (ii) requesting, if practicable and determined appropriate by the Administrator, additional funds for additional employees; and
• 15 U.S.C. § 636(b)(7)(B)(iii)

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  (iii) containing such additional information, as determined appropriate by the Administrator.
• 15 U.S.C. § 636(b)(8)(B)

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  (B) The Administrator may, at the discretion of the Administrator, increase the aggregate loan amount under subparagraph (A) for loans relating to a disaster to a level established by the Administrator, based on appropriate economic indicators for the region in which that disaster occurred.
• 15 U.S.C. § 636(b)(9)(A)

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  (A) If the President declares a major disaster, the Administrator may declare eligibility for additional disaster assistance in accordance with this paragraph.
• 15 U.S.C. § 636(b)(9)(B)

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  (B) A major disaster for which the Administrator declares eligibility for additional disaster assistance under this paragraph shall—

  (i) have resulted in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;

  (ii) be comparable to the description of a catastrophic incident in the National Response Plan of the Administration, or any successor thereto, unless there is no successor to such plan, in which case this clause shall have no force or effect; and

  (iii) be of such size and scope that—

  (I) the disaster assistance programs under the other paragraphs under this subsection are incapable of providing adequate and timely assistance to individuals or business concerns located within the disaster area; or

  (II) a significant number of business concerns outside the disaster area have suffered disaster-related substantial economic injury as a result of the incident.
• 15 U.S.C. § 636(b)(9)(C)(i)

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  (i) If the Administrator declares eligibility for additional disaster assistance under this paragraph, the Administrator may make such loans under this subparagraph (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administrator determines appropriate to eligible small business concerns located anywhere in the United States.
• 15 U.S.C. § 636(b)(9)(C)(ii)(I)

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  (I) If the Administrator determines that the average processing time for applications for disaster loans under this subparagraph relating to a specific major disaster is more than 15 days, the Administrator shall give priority to the processing of such applications submitted by eligible small business concerns located inside the disaster area, until the Administrator determines that the average processing time for such applications is not more than 15 days.
• 15 U.S.C. § 636(b)(9)(C)(ii)(II)

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  (II) If the Administrator determines that the average processing time for applications for disaster loans under this subparagraph relating to a specific major disaster is more than 30 days, the Administrator shall suspend the processing of such applications submitted by eligible small business concerns located outside the disaster area, until the Administrator determines that the average processing time for such applications is not more than 15 days.
• 15 U.S.C. § 636(b)(10)

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  (10) The Administrator shall provide a clear and concise notification on all application materials for loans made under this subsection and on relevant websites notifying an applicant that the applicant may submit all documentation necessary for the approval of the loan at the time of application and that failure to submit all documentation could delay the approval and disbursement of the loan.
• 15 U.S.C. § 636(b)(11)

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  (11) The Administrator shall establish and implement clear, written policies and procedures for analyzing the ability of a loan applicant to repay a loan made under this subsection.
• 15 U.S.C. § 636(b)(12)(E)(i)

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  (i) The Administrator, in cooperation with the recipients of financial assistance under this paragraph, shall establish metrics and goals for performance of grants, contracts, and cooperative agreements under this paragraph, which shall include recovery of sales, recovery of employment, reestablishment of business premises, and establishment of new small business concerns.
• 15 U.S.C. § 636(b)(12)(E)(ii)

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  (ii) The Administrator shall base the goals and metrics for performance established under clause (i), in part, on the estimates of disaster impact prepared by the Office of Disaster Assistance for purposes of estimating loan-making requirements.
• 15 U.S.C. § 636(b)(12)(F)(ii)

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  (ii) The Administrator may make 1 extension of a grant, contract, or cooperative agreement under this paragraph for a period of not more than 1 year, upon a showing of good cause and need for the extension.
• 15 U.S.C. § 636(b)(12)(G)

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  (G) Financial assistance provided under this paragraph is in addition to, and wholly separate from, any other form of assistance provided by the Administrator under this chapter.
• 15 U.S.C. § 636(b)(13)(A)

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  (A) If a contractor or other person engages in malfeasance in connection with repairs to, rehabilitation of, or replacement of real or personal property relating to which a loan was made under this subsection and the malfeasance results in substantial economic damage to the recipient of the loan or substantial risks to health or safety, upon receiving documentation of the substantial economic damage or the substantial risk to health and safety from an independent loss verifier, and subject to subparagraph (B), the Administrator may increase the amount of the loan under this subsection, as necessary for the cost of repairs, rehabilitation, or replacement needed to address the cause of the economic damage or health or safety risk.
• 15 U.S.C. § 636(b)(13)(B)

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  (B) The Administrator may only increase the amount of a loan under subparagraph (A) upon receiving an appropriate certification from the borrower and person performing the mitigation attesting to the reasonableness of the mitigation costs and an assignment of any proceeds received from the person engaging in the malfeasance. The assignment of proceeds recovered from the person engaging in the malfeasance shall be equal to the amount of the loan under this section. Any mitigation activities shall be subject to audit and independent verification of completeness and cost reasonableness.
• 15 U.S.C. § 636(b)(14)(A)

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  (A) The Administrator, acting through the district offices of the Administration, shall identify locations that may be used as recovery centers by the Administration in the event of a disaster declared under this subsection or a major disaster.
• 15 U.S.C. § 636(b)(15)

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  (15) The Administrator shall increase oversight of entities receiving loans under paragraph (2), and may consider—

  (A) scheduled site visits to ensure borrower eligibility and compliance with requirements established by the Administrator; and

  (B) reviews of the use of the loan proceeds by an entity described in paragraph (2) to ensure compliance with requirements established by the Administrator.
• 15 U.S.C. § 636(b)(15)(A)

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  (A) scheduled site visits to ensure borrower eligibility and compliance with requirements established by the Administrator; and
• 15 U.S.C. § 636(b)(15)(B)

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  (B) reviews of the use of the loan proceeds by an entity described in paragraph (2) to ensure compliance with requirements established by the Administrator.
• 15 U.S.C. § 636(b)(16)(B)

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  (B) For the purpose of making loans under paragraph (1) or (2), the Administrator may declare a disaster in a rural area for which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) and for which individual assistance was not authorized under section 408 of such Act (42 U.S.C. 5174) if—

  (i) the Governor of the State or the Chief Executive of the Indian tribal government in which the rural area is located requests such a declaration; and

  (ii) any home, small business concern, private nonprofit organization, or small agricultural cooperative has incurred significant damage in the rural area.
• 15 U.S.C. § 636(b)(16)(C)

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  (C) Not later than 120 days after December 20, 2022, and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on, with respect to the 1-year period preceding submission of the report—

  (i) any economic injury that resulted from 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) in a rural area;

  (ii) each request for assistance made by the Governor of a State or the Chief Executive of an Indian tribal government under subparagraph (B)(i) and the response of the Administrator, including the timeline for each response; and

  (iii) any regulatory changes that will impact the ability of communities in rural areas to obtain disaster assistance under this subsection.
• 15 U.S.C. § 636(b)(16)(C)(ii)

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  (ii) each request for assistance made by the Governor of a State or the Chief Executive of an Indian tribal government under subparagraph (B)(i) and the response of the Administrator, including the timeline for each response; and
• 15 U.S.C. § 636(c)(1)(A)

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  (A) the term “disaster area” means any area for which the President declared a major disaster relating to which the Administrator declares eligibility for additional disaster assistance under subsection (b)(9), during the period of that major disaster declaration;
• 15 U.S.C. § 636(c)(1)(B)

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  (B) the term “eligible individual” means an individual who is eligible for disaster assistance under subsection (b)(1) relating to a major disaster relating to which the Administrator declares eligibility for additional disaster assistance under subsection (b)(9);
• 15 U.S.C. § 636(c)(1)(F)(ii)

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  (ii) the Administrator determines meets the criteria established under paragraph (10).
• 15 U.S.C. § 636(c)(2)

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  (2) The Administrator shall carry out a program, to be known as the Private Disaster Assistance program, under which the Administration may guarantee timely payment of principal and interest, as scheduled, on any loan made to an eligible small business concern located in a disaster area and to an eligible individual.
• 15 U.S.C. § 636(c)(3)

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  (3) A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (b).
• 15 U.S.C. § 636(c)(4)(A)

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  (A) The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection.
• 15 U.S.C. § 636(c)(4)(B)

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  (B) The Administrator may coordinate with the head of any other appropriate Federal agency so that any application submitted through an online application process established under this paragraph may be considered for any other Federal assistance program for disaster relief.
• 15 U.S.C. § 636(c)(4)(C)

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  (C) In establishing an online application process under this paragraph, the Administrator shall consult with appropriate persons from the public and private sectors, including private lenders.
• 15 U.S.C. § 636(c)(5)(A)

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  (A) The Administrator may guarantee not more than 85 percent of a loan under this subsection.
• 15 U.S.C. § 636(c)(7)(B)

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  (B) If the Administrator determines that a preferred lender knowingly failed to comply with the underwriting standards for loans guaranteed under this subsection or violated the terms of the standard operating procedure agreement between that preferred lender and the Administration, the Administrator shall do 1 or more of the following:

  (i) Exclude the preferred lender from participating in the program under this subsection.

  (ii) Exclude the preferred lender from participating in the Preferred Lender Program for a period of not more than 5 years.
• 15 U.S.C. § 636(c)(8)(A)

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  (A) The Administrator may not collect a guarantee fee under this subsection.
• 15 U.S.C. § 636(c)(8)(B)

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  (B) The Administrator may pay a qualified private lender or preferred lender an origination fee for a loan guaranteed under this subsection in an amount agreed upon in advance between the qualified private lender or preferred lender and the Administrator.
• 15 U.S.C. § 636(c)(9)

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  (9) A qualified private lender or preferred lender may use its own loan documentation for a loan guaranteed by the Administrator under this subsection, to the extent authorized by the Administrator. The ability of a lender to use its own loan documentation for a loan guaranteed under this subsection shall not be considered part of the criteria for becoming a qualified private lender under the regulations promulgated under paragraph (10).
• 15 U.S.C. § 636(c)(10)(A)

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  (A) Not later than 1 year after the date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2008, the Administrator shall issue final regulations establishing permanent criteria for qualified private lenders.
• 15 U.S.C. § 636(c)(10)(B)

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  (B) Not later than 6 months after the date of enactment of the Small Business Disaster Response and Loan Improvements Act of 2008, the Administrator shall submit a report on the progress of the regulations required by subparagraph (A) to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.
• 15 U.S.C. § 636(c)(11)(B)

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  (B) Funds appropriated to the Administration to carry out this subsection,⁹ may be used by the Administrator to meet the loan terms and conditions specified in paragraph (6).
• 15 U.S.C. § 636(c)(12)

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  (12) The Administrator may enter into an agreement with a qualified private lender or preferred lender to purchase any loan guaranteed under this subsection.
• 15 U.S.C. § 636(d)(2)

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  (2) During any period in which principal and interest charges are suspended on the Federal share of any loan, as provided in subsection (b), the Administrator shall, upon the request of any person, firm, or corporation having a participation in such loan, purchase such participation, or assume the obligation of the borrower, for the balance of such period, to make principal and interest payments on the non-Federal share of such loan: Provided, That no such payments shall be made by the Administrator in behalf of any borrower unless (i) the Administrator determines that such action is necessary in order to avoid a default, and (ii) the borrower agrees to make payments to the Administration in an aggregate amount equal to the amount paid in its behalf by the Administrator, in such manner and at such times (during or after the term of the loan) as the Administrator shall determine having due regard to the purposes sought to be achieved by this paragraph.
• 15 U.S.C. § 636(d)(4)(A)

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  (A) in the case of a homeowner unable to secure credit elsewhere, the rate prescribed by the Administration but not more than one-half the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum but not to exceed 8 per centum per annum;
• 15 U.S.C. § 636(d)(4)(B)

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  (B) in the case of a homeowner able to secure credit elsewhere, the rate prescribed by the Administration but not more than the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum;
• 15 U.S.C. § 636(d)(5)(A)

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  (A) in the case of a homeowner unable to secure credit elsewhere, the rate prescribed by the Administration but not more than one-half the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loan plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum, but not to exceed 4 per centum per annum;
• 15 U.S.C. § 636(d)(5)(B)

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  (B) in the case of a homeowner able to secure credit elsewhere, the rate prescribed by the Administration but not more than the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum, but not to exceed 8 per centum per annum;
• 15 U.S.C. § 636(d)(6)

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  (6) Notwithstanding the provisions of any other law, such loans, subject to the reductions required by subparagraphs (A) and (B) of subsection (b)(1), shall be in amounts equal to 100 per centum of loss. The interest rates for loans made under subsection (b)(1) and (2), as determined pursuant to paragraph (5), shall be the rate of interest which is in effect on the date of the disaster commenced: Provided, That no loan under subsection (b)(1) and (2) shall be made, either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred (guaranteed) basis, if the total amount outstanding and committed to the borrower under subsection (b) would exceed $500,000 for each disaster unless an applicant constitutes a major source of employment in an area suffering a disaster, in which case the Administration, in its discretion, may waive the $500,000 limitation: Provided further, That the Administration, subject to the reductions required by subparagraphs (A) and (B) of subsection (b)(1), shall not reduce the amount of eligibility for any homeowner on account of loss of real estate to less than $100,000 for each disaster nor for any homeowner or lessee on account of loss of personal property to less than $20,000 for each disaster, such sums being in addition to any eligible refinancing: Provided further, That the Administration shall not require collateral for loans of $14,000 or less (or such higher amount as the Administrator determines appropriate in the event of a major disaster) which are made under paragraph (1) of subsection (b): Provided further, That the Administrator, in obtaining the best available collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of the property of, or economic injury to, a small business concern, shall not require the owner of the small business concern to use the primary residence of the owner as collateral if the Administrator determines that the owner has other assets of equal quality and with a value equal to or greater than the amount of the loan that could be used as collateral for the loan: Provided further, That nothing in the preceding proviso may be construed to reduce the amount of collateral required by the Administrator in connection with a loan described in the preceding proviso or to modify the standards used to evaluate the quality (rather than the type) of such collateral. Employees of concerns sharing a common business premises shall be aggregated in determining “major source of employment” status for nonprofit applicants owning such premises.

  With respect to any loan which is outstanding on April 18, 1984, and which was made on account of a disaster commencing on or after October 1, 1982, the Administrator shall make such change in the interest rate on the balance of such loan as is required herein effective as of April 18, 1984.
• 15 U.S.C. § 636(d)(7)

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  (7) The Administration shall not withhold disaster assistance pursuant to this paragraph to nurseries who are victims of drought disasters. As used in subsection (b)(2) the term “an area affected by a disaster” includes any county, or county contiguous thereto, determined to be a disaster by the President, the Secretary of Agriculture or the Administrator of the Small Business Administration.
• 15 U.S.C. § 636(d)(8)(A)

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  (A) Notwithstanding any other provision of law, and subject to the same requirements and procedures that are used to make loans pursuant to subsection (b), a small business concern, homeowner, nonprofit entity, or renter that was located within an area and during the time period with respect to which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) by reason of Superstorm Sandy may apply to the Administrator—

  (i) for a loan to repair, rehabilitate, or replace property damaged or destroyed by reason of Superstorm Sandy; or

  (ii) if such a small business concern has suffered substantial economic injury by reason of Superstorm Sandy, for a loan to assist such a small business concern.
• 15 U.S.C. § 636(d)(8)(B)

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  (B) The Administrator shall select loan recipients and make available loans for a period of not less than 1 year after the date on which the Administrator carries out this authority.
• 15 U.S.C. § 636(d)(8)(C)

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  (C) Not later than 6 months after the date on which the Administrator begins carrying out this authority, the Inspector General of the Administration shall initiate a review of the controls for ensuring applicant eligibility for loans made under this paragraph.
• 15 U.S.C. § 636(f)(1)(A)

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  (A) In making loans under subsection (b), the Administrator may provide, to the person receiving the loan, an option to defer repayment on the loan.
• 15 U.S.C. § 636(g)

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  (g) In making loans under subsection (b), the Administrator shall not require the borrower to pay any non-amortized amount for the first five years after repayment begins.
• 15 U.S.C. § 636(j)(10)

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  (10) There is established within the Administration a small business and capital ownership development program (hereinafter referred to as the “Program”) which shall provide assistance exclusively for small business concerns eligible to receive contracts pursuant to section 637(a) of this title. The program, and all other services and activities authorized under this subsection and section 637(a) of this title, shall be managed by the Associate Administrator for Minority Small Business and Capital Ownership Development under the supervision of, and responsible to, the Administrator.

  (A) The Program shall—

  (i) assist small business concerns participating in the Program (either through public or private organizations) to develop and maintain comprehensive business plans which set forth the Program Participant’s specific business targets, objectives, and goals developed and maintained in conformity with subparagraph (D).¹⁷

  (ii) provide for such other nonfinancial services as deemed necessary for the establishment, preservation, and growth of small business concerns participating in the Program, including but not limited to (I) loan packaging, (II) financial counseling, (III) accounting and bookkeeping assistance, (IV) marketing assistance, and (V) management assistance;

  (iii) assist small business concerns participating in the Program to obtain equity and debt financing;

  (iv) establish regular performance monitoring and reporting systems for small business concerns participating in the Program to assure compliance with their business plans;

  (v) analyze and report the causes of success and failure of small business concerns participating in the Program; and

  (vi) provide assistance necessary to help small business concerns participating in the Program to procure surety bonds, with such assistance including, but not limited to, (I) the preparation of application forms required to receive a surety bond, (II) special management and technical assistance designed to meet the specific needs of small business concerns participating in the Program and which have received or are applying to receive a surety bond, and (III) preparation of all forms necessary to receive a surety bond guarantee from the Administration pursuant to title IV, part B of the Small Business Investment Act of 1958 [15 U.S.C. 694a et seq.].

  (B) Small business concerns eligible to receive contracts pursuant to section 637(a) of this title shall participate in the Program.

  (i) A small business concern participating in any program or activity conducted under the authority of this paragraph or eligible for the award of contracts pursuant to section 637(a) of this title on September 1, 1988, shall be permitted continued participation and eligibility in such program or activity for a period of time which is the greater of—

  (I) 9 years less the number of years since the award of its first contract pursuant to section 637(a) of this title; or

  (II) its original fixed program participation term (plus any extension thereof) assigned prior to November 15, 1988, plus eighteen months.

  (ii) Nothing contained in this subparagraph shall be deemed to prevent the Administration from instituting a termination or graduation pursuant to subparagraph (F) or (H) for issues unrelated to the expiration of any time period limitation.

  (i) Promptly after certification under paragraph (11) a Program Participant shall submit a business plan (hereinafter referred to as the “plan”) as described in clause (ii) of this subparagraph for review by the Business Opportunity Specialist assigned to assist such Program Participant. The plan may be a revision of a preliminary business plan submitted by the Program Participant or required by the Administration as a part of the application for certification under this section and shall be designed to result in the Program Participant eliminating the conditions or circumstances upon which the Administration determined eligibility pursuant to section 637(a)(6) of this title. Such plan, and subsequent modifications submitted under clause (iii) of this subparagraph, shall be approved by the business opportunity specialist prior to the Program Participant being eligible for award of a contract pursuant to section 637(a) of this title.

  (ii) The plans submitted under this subparagraph shall include the following:

  (I) An analysis of market potential, competitive environment, and other business analyses estimating the Program Participant’s prospects for profitable operations during the term of program participation and after graduation.

  (II) An analysis of the Program Participant’s strengths and weaknesses with particular attention to correcting any financial, managerial, technical, or personnel conditions which are likely to impede the small business concern from receiving contracts other than those awarded under section 637(a) of this title.

  (III) Specific targets, objectives, and goals, for the business development of the Program Participant during the next and succeeding years utilizing the results of the analyses conducted pursuant to subclauses (I) and (II).

  (IV) A transition management plan outlining specific steps to assure profitable business operations after graduation (to be incorporated into the Program Participant’s plan during the first year of the transitional stage of Program participation).

  (V) Estimates of contract awards pursuant to section 637(a) of this title and from other sources, which the Program Participant will require to meet the specific targets, objectives, and goals for the years covered by its plan. The estimates established shall be consistent with the provisions of subparagraph (I) and section 637(a) of this title.

  (iii) Each Program Participant shall annually review its currently approved plan with its Business Opportunity Specialist and modify such plan as may be appropriate. Any modified plan shall be submitted to the Administration for approval. The currently approved plan shall be considered valid until such time as a modified plan is approved by the Business Opportunity Specialist. Annual reviews pertaining to years in the transitional stage of program participation shall require, as appropriate, a written verification that such Program Participant has complied with the requirements of subparagraph (I) relating to attaining business activity from sources other than contracts awarded pursuant to section 637(a) of this title.

  (iv) Each Program Participant shall annually forecast its needs for contract awards under section 637(a) of this title for the next program year and the succeeding program year during the review of its business plan, conducted pursuant to clause (iii). Such forecast shall be known as the section 8(a) [15 U.S.C. 637(a)] contract support level and shall be included in the Program Participant’s business plan. Such forecast shall include—

  (I) the aggregate dollar value of contract support to be sought on a noncompetitive basis under section 637(a) of this title, reflecting compliance with the requirements of subparagraph (I) relating to attaining business activity from sources other than contracts awarded pursuant to section 637(a) of this title,

  (II) the types of contract opportunities being sought, identified by Standard Industrial Classification (SIC) Code or otherwise,

  (III) an estimate of the dollar value of contract support to be sought on a competitive basis, and

  (IV) such other information as may be requested by the Business Opportunity Specialist to provide effective business development assistance to the Program Participant.

  (E) A small business concern participating in the program conducted under the authority of this paragraph and eligible for the award of contracts pursuant to section 637(a) of this title shall be denied all such assistance if such concern—

  (i) voluntarily elects not to continue participation;

  (ii) completes the period of Program participation as prescribed by paragraph (15);

  (iii) is terminated pursuant to a termination proceeding conducted in accordance with section 637(a)(9) of this title; or

  (iv) is graduated pursuant to a graduation proceeding conducted in accordance with section 637(a)(9) of this title.

  (F) For purposes of this section and section 637(a) of this title, the term “terminated” and the term “termination” means the total denial or suspension of assistance under this paragraph or under section 637(a) of this title prior to the graduation of the participating small business concern or prior to the expiration of the maximum program participation term. An action for termination shall be based upon good cause, including—

  (i) the failure by such concern to maintain its eligibility for Program participation;

  (ii) the failure of the concern to engage in business practices that will promote its competitiveness within a reasonable period of time as evidenced by, among other indicators, a pattern of unjustified delinquent performance or terminations for default with respect to contracts awarded under the authority of section 637(a) of this title;

  (iii) a demonstrated pattern of failing to make required submissions or responses to the Administration in a timely manner;

  (iv) the willful violation of any rule or regulation of the Administration pertaining to material issues;

  (v) the debarment of the concern or its disadvantaged owners by any agency pursuant to subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation); or

  (vi) the conviction of the disadvantaged owner or an officer of the concern for any offense indicating a lack of business integrity including any conviction for embezzlement, theft, forgery, bribery, falsification or violation of section 645 of this title. For purposes of this clause, no termination action shall be taken with respect to a disadvantaged owner solely because of the conviction of an officer of the concern (who is other than a disadvantaged owner) unless such owner conspired with, abetted, or otherwise knowingly acquiesced in the activity or omission that was the basis of such officer’s conviction.

  (G) The Director of the Division may initiate a termination proceeding by recommending such action to the Associate Administrator for Minority Small Business and Capital Ownership Development. Whenever the Associate Administrator, or a designee of such officer, determines such termination is appropriate, within 15 days after making such a determination the Program Participant shall be provided a written notice of intent to terminate, specifying the reasons for such action. No Program Participant shall be terminated from the Program pursuant to subparagraph (F) without first being afforded an opportunity for a hearing in accordance with section 637(a)(9) of this title.

  (H) For the purposes of this subsection and section 637(a) of this title the term “graduated” or “graduation” means that the Program Participant is recognized as successfully completing the program by substantially achieving the targets, objectives, and goals contained in the concern’s business plan thereby demonstrating its ability to compete in the marketplace without assistance under this section or section 637(a) of this title.

  (i) During the developmental stage of its participation in the Program, a Program Participant shall take all reasonable efforts within its control to attain the targets contained in its business plan for contracts awarded other than pursuant to section 637(a) of this title (hereinafter referred to as “business activity targets.”). Such efforts shall be made a part of the business plan and shall be sufficient in scope and duration to satisfy the Administration that the Program Participant will engage a reasonable marketing strategy that will maximize its potential to achieve its business activity targets.

  (ii) During the transitional stage of the Program a Program Participant shall be subject to regulations regarding business activity targets that are promulgated by the Administration pursuant to clause (iii);

  (iii) The regulations referred to in clause (ii) shall:

  (I) establish business activity targets applicable to Program Participants during the fifth year and each succeeding year of Program Participation; such targets, for such period of time, shall reflect a reasonably consistent increase in contracts awarded other than pursuant to section 637(a) of this title, expressed as a percentage of total sales; when promulgating business activity targets the Administration may establish modified targets for Program Participants that have participated in the Program for a period of longer than four years on June 1, 1989;

  (II) require a Program Participant to attain its business activity targets;

  (III) provide that, before the receipt of any contract to be awarded pursuant to section 637(a) of this title, the Program Participant (if it is in the transitional stage) must certify that it has complied with the regulations promulgated pursuant to subclause (II), or that it is in compliance with such remedial measures as may have been ordered pursuant to regulations issued under subclause (V);

  (IV) require the Administration to review each Program Participant’s performance regarding attainment of business activity targets during periodic reviews of such Participant’s business plan; and

  (V) authorize the Administration to take appropriate remedial measures with respect to a Program Participant that has failed to attain a required business activity target for the purpose of reducing such Participant’s dependence on contracts awarded pursuant to section 637(a) of this title; such remedial actions may include, but are not limited to assisting the Program Participant to expand the dollar volume of its competitive business activity or limiting the dollar volume of contracts awarded to the Program Participant pursuant to section 637(a) of this title; except for actions that would constitute a termination, remedial measures taken pursuant to this subclause shall not be reviewable pursuant to section 637(a)(9) of this title.

  (i) The Administration shall conduct an evaluation of a Program Participant’s eligibility for continued participation in the Program whenever it receives specific and credible information alleging that such Program Participant no longer meets the requirements for Program eligibility. Upon making a finding that a Program Participant is no longer eligible, the Administration shall initiate a termination proceeding in accordance with subparagraph (F). A Program Participant’s eligibility for award of any contract under the authority of section 637(a) of this title may be suspended pursuant to subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation).

  (I) Except as authorized by subclauses (II) or (III), no award shall be made pursuant to section 637(a) of this title to a concern other than a small business concern.

  (II) In determining the size of a small business concern owned by a socially and economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe), each firm’s size shall be independently determined without regard to its affiliation with the tribe, any entity of the tribal government, or any other business enterprise owned by the tribe, unless the Administrator determines that one or more such tribally owned business concerns have obtained, or are likely to obtain, a substantial unfair competitive advantage within an industry category.

  (III) Any joint venture established under the authority of section 602(b) of Public Law 100–656, the “Business Opportunity Development Reform Act of 1988”, shall be eligible for award of a contract pursuant to section 637(a) of this title.
• 15 U.S.C. § 636(j)(10)(G)

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  (G) The Director of the Division may initiate a termination proceeding by recommending such action to the Associate Administrator for Minority Small Business and Capital Ownership Development. Whenever the Associate Administrator, or a designee of such officer, determines such termination is appropriate, within 15 days after making such a determination the Program Participant shall be provided a written notice of intent to terminate, specifying the reasons for such action. No Program Participant shall be terminated from the Program pursuant to subparagraph (F) without first being afforded an opportunity for a hearing in accordance with section 637(a)(9) of this title.
• 15 U.S.C. § 636(j)(10)(J)(ii)(II)

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  (II) In determining the size of a small business concern owned by a socially and economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe), each firm’s size shall be independently determined without regard to its affiliation with the tribe, any entity of the tribal government, or any other business enterprise owned by the tribe, unless the Administrator determines that one or more such tribally owned business concerns have obtained, or are likely to obtain, a substantial unfair competitive advantage within an industry category.
• 15 U.S.C. § 636(j)(11)(A)

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  (A) The Associate Administrator for Minority Small Business and Capital Ownership Development shall be responsible for coordinating and formulating policies relating to Federal assistance to small business concerns eligible for assistance under subsection (i) and small business concerns eligible to receive contracts pursuant to section 637(a) of this title.
• 15 U.S.C. § 636(j)(11)(E)

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  (E) There is established a Division of Program Certification and Eligibility (hereinafter referred to in this paragraph as the “Division”) that shall be made part of the Office of Minority Small Business and Capital Ownership Development. The Division shall be headed by a Director who shall report directly to the Associate Administrator for Minority Small Business and Capital Ownership Development. The Division shall establish field offices within such regional offices of the Administration as may be necessary to perform efficiently its functions and responsibilities.
• 15 U.S.C. § 636(j)(11)(F)(iii)

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  (iii) render recommendations on such applications to the Associate Administrator for Minority Small Business and Capital Ownership Development;
• 15 U.S.C. § 636(j)(11)(F)(v)

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  (v) make a request for the initiation of termination or graduation proceedings, as appropriate, to the Associate Administrator for Minority Small Business and Capital Ownership Development;
• 15 U.S.C. § 636(j)(11)(F)(vi)

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  (vi) make recommendations to the Associate Administrator for Minority Small Business and Capital Ownership Development concerning protests from applicants that have been denied program admission;
• 15 U.S.C. § 636(j)(11)(F)(viii)

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  (viii) implement such policy directives as may be issued by the Associate Administrator for Minority Small Business and Capital Ownership Development pursuant to subparagraph (I) regarding, among other things, the geographic distribution of concerns to be admitted to the program and the industrial make-up of such concerns.
• 15 U.S.C. § 636(j)(11)(H)

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  (H) Not later than 90 days after receipt of a completed application for Program certification, the Associate Administrator for Minority Small Business and Capital Ownership Development shall certify a small business concern as a Program Participant or shall deny such application.
• 15 U.S.C. § 636(j)(11)(I)

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  (I) Thirty days before the conclusion of each fiscal year, the Director of the Division shall review all concerns that have been admitted into the Program during the preceding 12-month period. The review shall ascertain the number of entrants, their geographic distribution and industrial classification. The Director shall also estimate the expected growth of the Program during the next fiscal year and the number of additional Business Opportunity Specialists, if any, that will be needed to meet the anticipated demand for the Program. The findings and conclusions of the Director shall be reported to the Associate Administrator for Minority Small Business and Capital Ownership Development by September 30 of each year. Based on such report and such additional data as may be relevant, the Associate Administrator shall, by October 31 of each year, issue policy and program directives applicable to such fiscal year that—

  (i) establish priorities for the solicitation of program applications from underrepresented regions and industry categories;

  (ii) assign staffing levels and allocate other program resources as necessary to meet program needs; and

  (iii) establish priorities in the processing and admission of new Program Participants as may be necessary to achieve an equitable geographic distribution of concerns and a distribution of concerns across all industry categories in proportions needed to increase significantly contract awards to small business concerns owned and controlled by socially and economically disadvantaged individuals. When considering such increase the Administration shall give due consideration to those industrial categories where Federal purchases have been substantial but where the participation rate of such concerns has been limited.
• 15 U.S.C. § 636(j)(13)(E)

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  (E) Financial assistance whereby the Administration may purchase in whole or in part, and on behalf of such concerns, skills training or upgrading for employees or potential employees of such concerns. Such assistance may be made without regard to section 647(a) of this title. Assistance may be made by direct payment to the training provider or by reimbursing the Program Participant or the Participant’s employee, if such reimbursement is found to be reasonable and appropriate. For purposes of this subparagraph the term “training provider” shall mean an institution of higher education, a community or vocational college, or an institution eligible to provide skills training or upgrading under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]. The Administration shall, in consultation with the Secretary of Labor, promulgate rules and regulations to implement this subparagraph that establish acceptable training and upgrading performance standards and provide for such monitoring or audit requirements as may be necessary to ensure the integrity of the training effort. No financial assistance shall be granted under the subparagraph unless the Administrator determines that—

  (i) such concern has documented that it has first explored the use of existing cost-free or cost-subsidized training programs offered by public and private sector agencies working with programs of employment and training and economic development;

  (ii) no more than five employees or potential employees of such concern are recipients of any benefits under this subparagraph at any one time;

  (iii) no more than $2,500 shall be made available for any one employee or potential employee;

  (iv) the length of training or upgrading financed by this subparagraph shall be no less than one month nor more than six months;

  (v) such concern has given adequate assurance it will employ the trainee or upgraded employee for at least six months after the training or upgrading financed by this subparagraph has been completed and each trainee or upgraded employee has provided a similar assurance to remain within the employ of such concern for such period; if such concern, trainee, or upgraded employee breaches this agreement, the Administration shall be entitled to and shall make diligent efforts to obtain from the violating party the repayment of all funds expended on behalf of the violating party, such repayment shall be made to the Administration together with such interest and costs of collection as may be reasonable; the violating party shall be barred from receiving any further assistance under this subparagraph;

  (vi) the training to be financed may take place either at such concern’s facilities or at those of the training provider; and

  (vii) such concern will maintain such records as the Administration deems appropriate to ensure that the provisions of this paragraph and any other applicable law have not been violated.
• 15 U.S.C. § 636(j)(13)(F)(ii)(II)

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  (II) The Administrator may transfer technology or surplus property under clause (i) on a priority basis to a small business concern located in a disaster area if—

  (aa) the small business concern meets the requirements for such a transfer, without regard to whether the small business concern is a Program Participant; and

  (bb) for a small business concern that is a Program Participant, on and after the date on which the President declared the applicable major disaster, the small business concern has not received property under this subparagraph on the basis of the status of the small business concern as a Program Participant.
• 15 U.S.C. § 636(j)(13)(F)(ii)(V)

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  (V) If a small business concern sells or transfers property in violation of the agreement described in subclause (III), the Administrator may initiate proceedings to prohibit the small business concern from receiving a transfer of property under this clause or clause (i), in addition to any other remedy available to the Administrator.
• 15 U.S.C. § 636(j)(13)(F)(iii)(II)

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  (II) The Administrator may transfer technology or surplus property under clause (i) to a Puerto Rico business or a covered territory business if either such business meets the requirements for such a transfer, without regard to whether either such business is a Program Participant.
• 15 U.S.C. § 636(j)(16)(A)

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  (A) The Administrator shall develop and implement a process for the systematic collection of data on the operations of the Program established pursuant to paragraph (10).
• 15 U.S.C. § 636(j)(16)(B)

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  (B) Not later than April 30 of each year, the Administrator shall submit a report to the Congress on the Program that shall include the following:

  (i) The average personal net worth of individuals who own and control concerns that were initially certified for participation in the Program during the immediately preceding fiscal year. The Administrator shall also indicate the dollar distribution of net worths, at $50,000 increments, of all such individuals found to be socially and economically disadvantaged. For the first report required pursuant to this paragraph the Administrator shall also provide the data specified in the preceding sentence for all eligible individuals in the Program as of November 15, 1988.

  (ii) A description and estimate of the benefits and costs that have accrued to the economy and the Government in the immediately preceding fiscal year due to the operations of those business concerns that were performing contracts awarded pursuant to section 637(a) of this title.

  (iii) A compilation and evaluation of those business concerns that have exited the Program during the immediately preceding three fiscal years. Such compilation and evaluation shall detail the number of concerns actively engaged in business operations, those that have ceased or substantially curtailed such operations, including the reasons for such actions, and those concerns that have been acquired by other firms or organizations owned and controlled by other than socially and economically disadvantaged individuals. For those businesses that have continued operations after they exited from the Program, the Administrator shall also separately detail the benefits and costs that have accrued to the economy during the immediately preceding fiscal year due to the operations of such concerns.

  (iv) A listing of all participants in the Program during the preceding fiscal year identifying, by State and by Region, for each firm: the name of the concern, the race or ethnicity, and gender of the disadvantaged owners, the dollar value of all contracts received in the preceding year, the dollar amount of advance payments received by each concern pursuant to contracts awarded under section 637(a) of this title, and a description including (if appropriate) an estimate of the dollar value of all benefits received pursuant to paragraphs (13) and (14) and subsection (a)(20) during such year.

  (v) The total dollar value of contracts and options awarded during the preceding fiscal year pursuant to section 637(a) of this title and such amount expressed as a percentage of total sales of (I) all firms participating in the Program during such year; and (II) of firms in each of the nine years of program participation.

  (vi) A description of such additional resources or program authorities as may be required to provide the types of services needed over the next two-year period to service the expected portfolio of firms certified pursuant to section 637(a) of this title.

  (vii) The total dollar value of contracts and options awarded pursuant to section 637(a) of this title, at such dollar increments as the Administrator deems appropriate, for each four digit standard industrial classification code under which such contracts and options were classified.
• 15 U.S.C. § 636(j)(16)(B)(i)

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  (i) The average personal net worth of individuals who own and control concerns that were initially certified for participation in the Program during the immediately preceding fiscal year. The Administrator shall also indicate the dollar distribution of net worths, at $50,000 increments, of all such individuals found to be socially and economically disadvantaged. For the first report required pursuant to this paragraph the Administrator shall also provide the data specified in the preceding sentence for all eligible individuals in the Program as of November 15, 1988.
• 15 U.S.C. § 636(j)(16)(B)(iii)

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  (iii) A compilation and evaluation of those business concerns that have exited the Program during the immediately preceding three fiscal years. Such compilation and evaluation shall detail the number of concerns actively engaged in business operations, those that have ceased or substantially curtailed such operations, including the reasons for such actions, and those concerns that have been acquired by other firms or organizations owned and controlled by other than socially and economically disadvantaged individuals. For those businesses that have continued operations after they exited from the Program, the Administrator shall also separately detail the benefits and costs that have accrued to the economy during the immediately preceding fiscal year due to the operations of such concerns.
• 15 U.S.C. § 636(j)(16)(B)(vii)

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  (vii) The total dollar value of contracts and options awarded pursuant to section 637(a) of this title, at such dollar increments as the Administrator deems appropriate, for each four digit standard industrial classification code under which such contracts and options were classified.
• 15 U.S.C. § 636(l)(1)(A)(i)(I)

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  (I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; and
• 15 U.S.C. § 636(l)(2)

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  (2) There is established a 3-year small business intermediary lending pilot program, under which the Administrator may make direct loans to eligible intermediaries, for the purpose of making loans to startup, newly established, and growing small business concerns.
• 15 U.S.C. § 636(l)(3)(B)

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  (B) to establish a loan program under which the Administrator may provide loans to eligible intermediaries to enable the eligible intermediaries to provide loans to startup, newly established, and growing small business concerns for working capital, real estate, or the acquisition of materials, supplies, or equipment.
• 15 U.S.C. § 636(l)(4)(A)

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  (A) Each eligible intermediary desiring a loan under this subsection shall submit an application to the Administrator that describes—

  (i) the type of small business concerns to be assisted;

  (ii) the size and range of loans to be made;

  (iii) the interest rate and terms of loans to be made;

  (iv) the geographic area to be served and the economic, poverty, and unemployment characteristics of the area;

  (v) the status of small business concerns in the area to be served and an analysis of the availability of credit; and

  (vi) the qualifications of the applicant to carry out this subsection.
• 15 U.S.C. § 636(l)(4)(B)

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  (B) No loan may be made to an eligible intermediary under this subsection if the total amount outstanding and committed to the eligible intermediary by the Administrator would, as a result of such loan, exceed $1,000,000 during the participation of the eligible intermediary in the Program.
• 15 U.S.C. § 636(l)(4)(C)

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  (C) Loans made by the Administrator under this subsection shall be for a term of 20 years.
• 15 U.S.C. § 636(l)(4)(D)

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  (D) Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to 1.00 percent.
• 15 U.S.C. § 636(l)(4)(E)

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  (E) The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection.
• 15 U.S.C. § 636(l)(4)(F)

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  (F) The Administrator shall not require the repayment of principal or interest on a loan made to an eligible intermediary under the Program during the 2-year period beginning on the date of the initial disbursement of funds under that loan.
• 15 U.S.C. § 636(l)(4)(G)

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  (G) During each of fiscal years 2011, 2012, and 2013, the Administrator may make loans under the Program—

  (i) to not more than 20 eligible intermediaries; and

  (ii) in a total amount of not more than $20,000,000.
• 15 U.S.C. § 636(l)(5)(A)

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  (A) The Administrator, through an eligible intermediary, shall make loans to startup, newly established, and growing small business concerns for working capital, real estate, and the acquisition of materials, supplies, furniture, fixtures, and equipment.
• 15 U.S.C. § 636(l)(5)(D)

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  (D) The Administrator may not review individual loans made by an eligible intermediary to a small business concern before approval of the loan by the eligible intermediary.
• 15 U.S.C. § 636(l)(6)

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  (6) The authority of the Administrator to make loans under the Program shall terminate 3 years after September 27, 2010.
• 15 U.S.C. § 636(m)(3)(B)

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  (B) As a condition of any loan made to an intermediary under subparagraph (B)(i) of paragraph (1), the Administrator shall require the intermediary to contribute not less than 15 percent of the loan amount in cash from non-Federal sources.
• 15 U.S.C. § 636(m)(3)(D)(i)

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  (i) The Administrator shall, by regulation, require each intermediary to establish a loan loss reserve fund, and to maintain such reserve fund until all obligations owed to the Administration under this subsection are repaid.
• 15 U.S.C. § 636(m)(3)(D)(ii)(I)

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  (I) Subject to subclause (III), the Administrator shall require the loan loss reserve fund of an intermediary to be maintained at a level equal to 15 percent of the outstanding balance of the notes receivable owed to the intermediary.
• 15 U.S.C. § 636(m)(3)(D)(ii)(II)

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  (II) After the initial 5 years of an intermediary’s participation in the program authorized by this subsection, the Administrator shall, at the request of the intermediary, conduct a review of the annual loss rate of the intermediary. Any intermediary in operation under this subsection prior to October 1, 1994, that requests a reduction in its loan loss reserve shall be reviewed based on the most recent 5-year period preceding the request.
• 15 U.S.C. § 636(m)(3)(D)(ii)(III)

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  (III) Subject to the requirements of clause IV,¹⁹ the Administrator may reduce the annual loan loss reserve requirement of an intermediary to reflect the actual average loan loss rate for the intermediary during the preceding 5-year period, except that in no case shall the loan loss reserve be reduced to less than 10 percent of the outstanding balance of the notes receivable owed to the intermediary.
• 15 U.S.C. § 636(m)(3)(D)(ii)(IV)

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  (IV) The Administrator may reduce the annual loan loss reserve requirement of an intermediary only if the intermediary demonstrates to the satisfaction of the Administrator that—

  (aa) the average annual loss rate for the intermediary during the preceding 5-year period is less than 15 percent; and

  (bb) that²⁰ no other factors exist that may impair the ability of the intermediary to repay all obligations owed to the Administration under this subsection.
• 15 U.S.C. § 636(m)(4)(B)

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  (B) As a condition of a grant made under subparagraph (A), the Administrator shall require the intermediary to contribute an amount equal to 25 percent of the amount of the grant, obtained solely from non-Federal sources. In addition to cash or other direct funding, the contribution may include indirect costs or in-kind contributions paid for under non-Federal programs.
• 15 U.S.C. § 636e(1)

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  (1) the terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively;
• 15 U.S.C. § 636e(4)

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  (4) the term “disaster update period” means the period beginning on the date on which the President declares a major disaster (including any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title, as added by this Act) and ending on the date on which such declaration terminates;
• 15 U.S.C. § 636f

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  The Administrator and the Commissioner of Internal Revenue shall, to the maximum extent practicable, ensure that all relevant and allowable tax records for loan approval are shared with loan processors in an expedited manner, upon request by the Administrator.
• 15 U.S.C. § 636g(a)

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  (a) Not later than 3 months after the date of enactment of this Act, the Administrator shall—

  (1) by rule, amend the 2006 Atlantic hurricane season disaster response plan of the Administration (in this section referred to as the “disaster response plan”) to apply to major disasters; and

  (2) submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives detailing the amendments to the disaster response plan.
• 15 U.S.C. § 636g(b)(2)

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  (2) a description of how the Administrator plans to use and integrate District Office personnel of the Administration in the response to a major disaster, including information on the use of personnel for loan processing and loan disbursement;
• 15 U.S.C. § 636g(b)(4)

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  (4) a description of how the agency-wide Disaster Oversight Council is structured, which offices comprise its membership, and whether the Associate Deputy Administrator for Entrepreneurial Development of the Administration is a member;
• 15 U.S.C. § 636g(b)(5)

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  (5) a description of how the Administrator plans to coordinate the disaster efforts of the Administration with State and local government officials, including recommendations on how to better incorporate State initiatives or programs, such as State-administered bridge loan programs, into the disaster response of the Administration;
• 15 U.S.C. § 636g(b)(11)

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  (11) a description of the findings and recommendations of the Administrator, if any, based on a review of the response of the Administration to Hurricane Katrina of 2005, Hurricane Rita of 2005, and Hurricane Wilma of 2005; and
• 15 U.S.C. § 636g(b)(12)

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  (12) a plan for how the Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, will coordinate the provision of accommodations and necessary resources for disaster assistance personnel to effectively perform their responsibilities in the aftermath of a major disaster.
• 15 U.S.C. § 636g(c)(1)

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  (1) The Administrator shall conduct a disaster simulation exercise at least once every 2 fiscal years. The exercise shall include the participation of, at a minimum, not less than 50 percent of the individuals in the disaster reserve corps and shall test, at maximum capacity, all of the information technology and telecommunications systems of the Administration that are vital to the activities of the Administration during such a disaster.
• 15 U.S.C. § 636g(c)(2)

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  (2) The Administrator shall include a report on the disaster simulation exercises conducted under paragraph (1) each time the Administration submits a report required under section 657o of this title, as added by this Act.
• 15 U.S.C. § 636h(a)

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  (a) The disaster planning function of the Administration shall be assigned to an individual appointed by the Administrator who—

  (1) is not an employee of the Office of Disaster Assistance of the Administration;

  (2) has proven management ability;

  (3) has substantial knowledge in the field of disaster readiness and emergency response; and

  (4) has demonstrated significant experience in the area of disaster planning.
• 15 U.S.C. § 636h(b)

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  (b) The individual assigned the disaster planning function of the Administration shall report directly and solely to the Administrator and shall be responsible for—

  (1) creating, maintaining, and implementing the comprehensive disaster response plan of the Administration described in section 636g of this title;

  (2) ensuring there are in-service and pre-service training procedures for the disaster response staff of the Administration;

  (3) coordinating and directing the training exercises of the Administration relating to disasters, including disaster simulation exercises and disaster exercises coordinated with other government departments and agencies; and

  (4) other responsibilities relevant to disaster planning and readiness, as determined by the Administrator.
• 15 U.S.C. § 636h(b)(4)

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  (4) other responsibilities relevant to disaster planning and readiness, as determined by the Administrator.
• 15 U.S.C. § 636h(c)(2)

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  (2) the Administrator of the Federal Emergency Management Agency; and
• 15 U.S.C. § 636h(d)

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  (d) The Administrator shall ensure that the individual assigned the disaster planning function of the Administration has adequate resources to carry out the duties under this section.
• 15 U.S.C. § 636h(e)

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  (e) Not later than 30 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing—

  (1) a description of the actions of the Administrator to assign an individual the disaster planning function of the Administration;

  (2) information detailing the background and expertise of the individual assigned; and

  (3) information on the status of the implementation of the responsibilities described in subsection (b).
• 15 U.S.C. § 636h(e)(1)

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  (1) a description of the actions of the Administrator to assign an individual the disaster planning function of the Administration;
• 15 U.S.C. § 636i(a)

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  (a) Except as provided in subsection (b), and notwithstanding any other provision of law, for any procurement related to a major disaster, the Administrator may, upon such terms and conditions as the Administrator may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execution that does not exceed $5,000,000.
• 15 U.S.C. § 636i(b)

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  (b) Upon request of the head of any Federal agency other than the Administration involved in reconstruction efforts in response to a major disaster, the Administrator may guarantee and enter into a commitment to guarantee any security against loss under subsection (a) on any total work order or contract amount at the time of bond execution that does not exceed $10,000,000.
• 15 U.S.C. § 636i(c)

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  (c) The Administrator may carry out this section only with amounts appropriated in advance specifically to carry out this section.
• 15 U.S.C. § 636k(a)(1)

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  (1) Not later than the fifth business day of each month during the applicable period for a major disaster, the Administrator shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and to the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the operation of the disaster loan program authorized under section 636 of this title for that major disaster during the preceding month.
• 15 U.S.C. § 636k(c)(1)

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  (1) During any period for which the Administrator declares eligibility for additional disaster assistance under paragraph (9) of section 636(b) of this title, as amended by this Act, the Administrator shall, on a monthly basis, submit to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives a report on the disaster assistance operations of the Administration with respect to the applicable major disaster.
• 15 U.S.C. § 636k(d)

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  (d) On the same date that the Administrator notifies any committee of the Senate or the House of Representatives that supplemental funding is necessary for the disaster loan program of the Administration in any fiscal year, the Administrator shall notify in writing the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the need for supplemental funds for that loan program.
• 15 U.S.C. § 636k(e)(1)

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  (1) Not later than 6 months after the date on which the President declares a major disaster, and every 6 months thereafter until the date that is 18 months after the date on which the major disaster was declared, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives regarding Federal contracts awarded as a result of that major disaster.
• 15 U.S.C. § 636k(f)(1)

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  (1) Not later than 6 months after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives detailing how the Administration can improve the processing of applications under the disaster loan program of the Administration.
• 15 U.S.C. § 636k(f)(2)(B)

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  (B) the plans of the Administrator for implementing any recommendation made under subparagraph (A).
• 15 U.S.C. § 636m(a)(9)(B)(i)(VI)

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  (VI) other assets relating to the compliance with the requirements or guidance described in subparagraph (A), as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; and
• 15 U.S.C. § 636m(a)(9)(B)(ii)(III)

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  (III) other kinds of personal protective equipment, as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; and
• 15 U.S.C. § 636m(c)(2)

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  (2) For purposes of the purchase of the guarantee for a covered loan by the Administrator, amounts which are forgiven under this section shall be treated in accordance with the procedures that are otherwise applicable to a loan guaranteed under section 636(a) of this title.
• 15 U.S.C. § 636m(c)(3)

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  (3) Not later than 90 days after the date on which the amount of forgiveness under this section is determined, the Administrator shall remit to the lender an amount equal to the amount of forgiveness, plus any interest accrued through the date of payment.
• 15 U.S.C. § 636m(c)(4)(A)

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  (A) A lender authorized under section 636(a) of this title, or, at the discretion of the Administrator, a third party participant in the secondary market, may, report to the Administrator an expected forgiveness amount on a covered loan or on a pool of covered loans of up to 100 percent of the principal on the covered loan or pool of covered loans, respectively.
• 15 U.S.C. § 636m(c)(4)(B)

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  (B) The Administrator shall purchase the expected forgiveness amount described in subparagraph (A) as if the amount were the principal amount of a loan guaranteed under section 636(a) of this title.
• 15 U.S.C. § 636m(c)(4)(C)

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  (C) Not later than 15 days after the date on which the Administrator receives a report under subparagraph (A), the Administrator shall purchase the expected forgiveness amount under subparagraph (B) with respect to each covered loan to which the report relates.
• 15 U.S.C. § 636m(d)(2)(A)(ii)(II)

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  (II) in the case of an eligible recipient that is seasonal employer, as determined by the Administrator, the average number of full-time equivalent employees per month employed by the eligible recipient during the period beginning on February 15, 2019 and ending on June 30, 2019.
• 15 U.S.C. § 636m(d)(6)

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  (6) The Administrator and the Secretary of the Treasury may prescribe regulations granting de minimis exemptions from the requirements under this subsection.
• 15 U.S.C. § 636m(e)(4)

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  (4) any other documentation the Administrator determines necessary.
• 15 U.S.C. § 636m(k)

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  (k) Not later than 30 days after March 27, 2020, the Administrator shall issue guidance and regulations implementing this section.
• 15 U.S.C. § 636m(l)(1)(A)(i)

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  (i) signs and submits to the lender a certification, to be established by the Administrator not later than 24 days after December 27, 2020, which—

  (I) shall be not more than 1 page in length; and

  (II) shall only require the eligible recipient to provide—

  (aa) a description of the number of employees the eligible recipient was able to retain because of the covered loan;

  (bb) the estimated amount of the covered loan amount spent by the eligible recipient on payroll costs; and

  (cc) the total loan value;
• 15 U.S.C. § 636m(l)(1)(D)

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  (D) The certification established by the Administrator under subparagraph (A) shall include a means by which an eligible recipient may, at the discretion of the eligible recipient, submit demographic information of the owner of the eligible recipient, including the sex, race, ethnicity, and veteran status of the owner.
• 15 U.S.C. § 636m(l)(1)(E)

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  (E) The Administrator may—

  (i) review and audit covered loans described in subparagraph (A);

  (ii) access any records described in subparagraph (A)(iii); and

  (iii) in the case of fraud, ineligibility, or other material noncompliance with applicable loan or loan forgiveness requirements, modify—

  (I) the amount of a covered loan described in subparagraph (A); or

  (II) the loan forgiveness amount with respect to a covered loan described in subparagraph (A).
• 15 U.S.C. § 636m(l)(3)(A)

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  (A) Not later than 45 days after December 27, 2020, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an audit plan that details—

  (i) the policies and procedures of the Administrator for conducting forgiveness reviews and audits of covered loans; and

  (ii) the metrics that the Administrator shall use to determine which covered loans will be audited.
• 15 U.S.C. § 636m(l)(3)(A)(i)

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  (i) the policies and procedures of the Administrator for conducting forgiveness reviews and audits of covered loans; and
• 15 U.S.C. § 636m(l)(3)(A)(ii)

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  (ii) the metrics that the Administrator shall use to determine which covered loans will be audited.
• 15 U.S.C. § 636m(l)(3)(B)

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  (B) Not later than 30 days after the date on which the Administrator submits the audit plan required under subparagraph (A), and each month thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the forgiveness review and audit activities of the Administrator under this subsection, which shall include—

  (i) the number of active reviews and audits;

  (ii) the number of reviews and audits that have been ongoing for more than 60 days; and

  (iii) any substantial changes made to the audit plan submitted under subparagraph (A).
• 15 U.S.C. § 637(a)(1)(A)

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  (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagraph, a procurement officer’s adverse decision includes a decision not to make available for award pursuant to this subsection a particular procurement requirement or the failure to agree on the terms and conditions of a contract to be awarded noncompetitively under the authority of this subsection. Upon receipt of the notice of intent to appeal, the Secretary of the department or the agency head shall suspend further action regarding the procurement until a written decision on the Administrator’s request for reconsideration has been issued by such Secretary or agency head, unless such officer makes a written determination that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for a reconsideration of the adverse decision. If the Administrator’s request for reconsideration is denied, the Secretary of the department or agency head shall specify the reasons why the selected firm was determined to be incapable to perform the procurement requirement, and the findings supporting such determination, which shall be made a part of the contract file for the requirement. A contract may not be awarded under this subsection if the award of the contract would result in a cost to the awarding agency which exceeds a fair market price;
• 15 U.S.C. § 637(a)(1)(D)(ii)

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  (ii) The Associate Administrator for Minority Small Business and Capital Ownership Development, on a nondelegable basis, is authorized to approve a request from an agency to award a contract opportunity under this subsection on the basis of a competition restricted to eligible Program Participants even if the anticipated award price is not expected to exceed the dollar amounts specified in clause (i)(II). Such approvals shall be granted only on a limited basis.
• 15 U.S.C. § 637(a)(2)

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  (2) Notwithstanding subsections (a), (b), and (e) of section 3131 of title 40, no small business concern shall be required to provide any amount of any bond as a condition of receiving any subcontract under this subsection if the Administrator determines that such amount is inappropriate for such concern in performing such contract: Provided, That the Administrator shall exercise the authority granted by the paragraph only if—

  (A) the Administration takes such measures as it deems appropriate for the protection of persons furnishing materials and labor to a small business receiving any benefit pursuant to this paragraph;

  (B) the Administration assists, insofar as practicable, a small business receiving the benefits of this paragraph to develop, within a reasonable period of time, such financial and other capability as may be needed to obtain such bonds as the Administration may subsequently require for the successful completion of any program conducted under the authority of this subsection;

  (C) the Administration finds that such small business is unable to obtain the requisite bond or bonds from a surety and that no surety is willing to issue bond or bonds subject to the guarantee provisions of Title IV of the Small Business Investment Act of 1958 [15 U.S.C. 692 et seq.]; and

  (D) the small business is determined to be a start-up concern and such concern has not been participating in any program conducted under the authority of this subsection for a period exceeding one year.

  The authority to waive bonds provided in this paragraph (2) may not be exercised after September 30, 1988.
• 15 U.S.C. § 637(a)(8)

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  (8) All determinations made pursuant to paragraph (5) with respect to whether a group has been subjected to prejudice or bias shall be made by the Administrator after consultation with the Associate Administrator for Minority Small Business and Capital Ownership Development. All other determinations made pursuant to paragraphs (4), (5), (6), and (7) shall be made by the Associate Administrator for Minority Small Business and Capital Ownership Development under the supervision of, and responsible to, the Administrator.
• 15 U.S.C. § 637(a)(12)(D)(ii)

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  (ii) the Administrator.
• 15 U.S.C. § 637(a)(17)(B)(iv)(I)

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  (I) by the Administrator, after reviewing a determination by the contracting officer that no small business manufacturer or processor can reasonably be expected to offer a product meeting the specifications (including period for performance) required of an offeror by the solicitation; or
• 15 U.S.C. § 637(a)(17)(B)(iv)(II)

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  (II) by the Administrator for a product (or class of products), after determining that no small business manufacturer or processor is available to participate in the Federal procurement market.
• 15 U.S.C. § 637(a)(18)(C)(ii)(I)

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  (I) regional administrators;
• 15 U.S.C. § 637(a)(18)(C)(ii)(III)

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  (III) the Associate Administrator for Minority Small Business and Capital Ownership Development;
• 15 U.S.C. § 637(a)(18)(C)(ii)(V)

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  (V) such other employees as the Administrator may deem appropriate.
• 15 U.S.C. § 637(a)(20)(B)

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  (B) The Business Opportunity Specialist shall promptly review and forward such report to the Associate Administrator for Minority Small Business and Capital Ownership Development. Any report that raises a suspicion of improper activity shall be reported immediately to the Inspector General of the Administration.
• 15 U.S.C. § 637(a)(21)(B)

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  (B) The Administrator may, on a nondelegable basis, waive the requirements of subparagraph (A) only if one of the following conditions exist:

  (i) When it is necessary for the owners of the concern to surrender partial control of such concern on a temporary basis in order to obtain equity financing.

  (ii) The head of the contracting agency for which the contract is being performed certifies that termination of the contract would severely impair attainment of the agency’s program objectives or missions;

  (iii) Ownership and control of the concern that is performing the contract will pass to another small business concern that is a program participant, but only if the acquiring firm would otherwise be eligible to receive the award directly pursuant to subsection (a);

  (iv) The individuals upon whom eligibility was based are no longer able to exercise control of the concern due to incapacity or death; or

  (v) When, in order to raise equity capital, it is necessary for the disadvantaged owners of the concern to relinquish ownership of a majority of the voting stock of such concern, but only if—

  (I) such concern has exited the Capital Ownership Development Program;

  (II) the disadvantaged owners will maintain ownership of the largest single outstanding block of voting stock (including stock held by affiliated parties); and

  (III) the disadvantaged owners will maintain control of daily business operations.
• 15 U.S.C. § 637(a)(21)(C)

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  (C) The Administrator may waive the requirements of subparagraph (A) if—

  (i) in the case of subparagraph (B) (i), (ii) and (iv), he is requested to do so prior to the actual relinquishment of ownership or control; and

  (ii) in the case of subparagraph (B)(iii), he is requested to do so as soon as possible after the incapacity or death occurs.
• 15 U.S.C. § 637(b)(1)(C)(ii)

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  (ii) the Administrator is authorized to reimburse such volunteers for all necessary out-of-pocket expenses incident to their provision of services under this chapter, or in connection with attendance at meetings sponsored by the Administration, or for the cost of malpractice insurance, as the Administrator shall determine, in accordance with regulations which he or she shall prescribe, and, while they are carrying out such activities away from their homes or regular places of business, for travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for individuals serving without pay; and
• 15 U.S.C. § 637(b)(1)(F)

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  (F) Notwithstanding any other provision of law and pursuant to regulations which the Administrator shall prescribe, counsel may be employed and counsel fees, court costs, bail, and other expenses incidental to the defense of volunteers may be paid in judicial or administrative proceedings arising directly out of the performance of activities pursuant to this paragraph, to which volunteers have been made parties.
• 15 U.S.C. § 637(b)(6)

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  (6) to determine within any industry the concerns, firms, persons, corporations, partnerships, cooperatives, or other business enterprises which are to be designated “small-business concerns” for the purpose of effectuating the provisions of this chapter. To carry out this purpose the Administrator, when requested to do so, shall issue in response to each such request an appropriate certificate certifying an individual concern as a “small-business concern” in accordance with the criteria expressed in this chapter. Any such certificate shall be subject to revocation when the concern covered thereby ceases to be a “small-business concern”. Offices of the Government having procurement or lending powers, or engaging in the disposal of Federal property or allocating materials or supplies, or promulgating regulations affecting the distribution of materials or supplies, shall accept as conclusive the Administration’s determination as to which enterprises are to be designated “small-business concerns”, as authorized and directed under this paragraph;
• 15 U.S.C. § 637(b)(17)(A)

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  (A) the Administrator considers the needs of disabled veterans (as defined in section 4211(3) of title 38), veterans, and members of a reserve component of the Armed Forces equally, as part of the criteria for funding a continuation award or during the competition process for any grant, contract, or cooperative agreement made or entered into under this paragraph, including assigning equal value to any factors based on a designation as a disabled veteran (as defined in section 4211(3) of title 38), veteran, or member of a reserve component of the Armed Forces, and equally considering the ability of applicants to provide Boots to Business on military installations and the ability of applicants to provide Boots to Business Reboot training off military installations;
• 15 U.S.C. § 637(b)(17)(B)

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  (B) for purposes of subparagraph (A), the term “continuation award” means a renewal or recompete, awarded at the discretion of the Administrator, for another 5-year project period for a grant, contract, or cooperative agreement under this paragraph that is made up of a base project period of 12 months, with up to 4 option periods of 12 months, subject to continuing program authority, availability of funds, and satisfactory performance by the recipient organization;
• 15 U.S.C. § 637(b)(17)(C)

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  (C) the Administrator shall, not later than 1 year after December 23, 2024, issue guidance on the criteria described in subparagraph (A) to existing recipients of any grant, contract, or cooperative agreement made or entered into under this paragraph;
• 15 U.S.C. § 637(b)(17)(D)

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  (D) the Administrator shall, for each budget period beginning after the date of the issuance of the guidance under subparagraph (C), incorporate the criteria described in subparagraph (A) into the funding agreement, and existing recipients of any grant, contract, or cooperative made or entered into under this paragraph shall have 1 full budget period to comply;
• 15 U.S.C. § 637(b)(17)(F)

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  (F) if the Administrator fails to give equal weight to the needs of the groups described in subparagraph (A) during the competition process for any grant, contract, or cooperative agreement made or entered into under this paragraph, the Administrator shall, not later than 60 days after the closing date of the grant, contract, or cooperative agreement, provide written justification to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding why the grant, contract, or cooperative agreement was not made or entered into pursuant to subparagraph (A); and
• 15 U.S.C. § 637(b)(17)(G)

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  (G) the Administrator shall provide full and fair consideration to any entity that has applied for a grant, contract, or cooperative agreement under this paragraph before December 23, 2024, if that entity applies for a future funding opportunity under this paragraph.
• 15 U.S.C. § 637(d)(15)

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  (15) The Administrator shall establish a reporting mechanism that allows a subcontractor or potential subcontractor to report fraudulent activity or bad faith by a contractor with respect to a subcontracting plan submitted pursuant to this subsection.
• 15 U.S.C. § 637(g)(3)

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  (3) The requirements of subsection (a)(1)(A) shall not apply in the case of any procurement for which the head of the executive agency makes a determination in writing, after consultation with the Administrator for Federal Procurement Policy and the Administrator of the Small Business Administration, that it is not appropriate or reasonable to publish a notice before issuing a solicitation.
• 15 U.S.C. § 637(k)(1)

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  (1) Notices of subcontracting opportunities may be submitted for publication on the appropriate Federal Web site (as determined by the Administrator) by—

  (A) a business concern awarded a contract by an executive agency subject to subsection (e)(1)(C); and

  (B) a business concern that is a subcontractor or supplier (at any tier) to such contractor having a subcontracting opportunity in excess of $10,000.
• 15 U.S.C. § 637(m)(2)(C)

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  (C) the contract is for the procurement of goods or services with respect to an industry identified by the Administrator pursuant to paragraph (3);
• 15 U.S.C. § 637(m)(2)(E)

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  (E) each of the concerns is certified by a Federal agency, a State government, the Administrator, or a national certifying entity approved by the Administrator as a small business concern owned and controlled by women.
• 15 U.S.C. § 637(m)(3)

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  (3) With respect to a small business concern owned and controlled by women, the Administrator may waive subparagraph (2)(A) if the Administrator determines that the concern is in an industry in which small business concerns owned and controlled by women are substantially underrepresented.
• 15 U.S.C. § 637(m)(4)

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  (4) The Administrator shall conduct a study to identify industries in which small business concerns owned and controlled by women are underrepresented with respect to Federal procurement contracting.
• 15 U.S.C. § 637(m)(5)(A)

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  (A) In carrying out this subsection, the Administrator shall establish procedures relating to—

  (i) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this subsection (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under paragraph (2)(E)); and

  (ii) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under paragraph (2)(E).
• 15 U.S.C. § 637(m)(5)(A)(ii)

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  (ii) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under paragraph (2)(E).
• 15 U.S.C. § 637(m)(5)(B)

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  (B) The procedures established under subparagraph (A) may provide for program examinations (including random program examinations) by the Administrator of any small business concern making a certification or providing information to the Administrator under paragraph (2)(E).
• 15 U.S.C. § 637(m)(5)(C)

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  (C) In addition to the penalties described in section 645(d) of this title, any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a small business concern owned and controlled by women for purposes of this subsection, shall be subject to—

  (i) section 1001 of title 18; and

  (ii) sections 3729 through 3733 of title 31.
• 15 U.S.C. § 637(m)(6)

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  (6) Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out this subsection.
• 15 U.S.C. § 637(m)(8)

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  (8) A contracting officer may award a sole source contract under this subsection to any small business concern owned and controlled by women certified under paragraph (2)(E) that is in an industry in which small business concerns owned and controlled by women are substantially underrepresented (as determined by the Administrator under paragraph (3)) if—

  (A) such concern is determined to be a responsible contractor with respect to performance of the contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more businesses in an industry that has received a waiver under paragraph (3) will submit offers;

  (B) the anticipated award price of the contract (including options) will not exceed—

  (i) $7,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

  (ii) $4,000,000, in the case of any other contract opportunity; and

  (C) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.
• 15 U.S.C. § 637(n)(1)

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  (1) In accordance with this subsection, the Administrator may make grants to and enter into cooperative agreements with any coalition of private entities, public entities, or any combination of private and public entities—

  (A) to expand business-to-business relationships between large and small businesses; and

  (B) to provide businesses, directly or indirectly, with online information and a database of companies that are interested in mentor-protege programs or community-based, statewide, or local business development programs.
• 15 U.S.C. § 637(n)(2)

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  (2) Subject to subparagraph (B), the Administrator may make a grant to a coalition under paragraph (1) only if the coalition provides for activities described in paragraph (1)(A) or (1)(B) an amount, either in kind or in cash, equal to the grant amount.
• 15 U.S.C. § 637d(1)

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  (1) Not later than 1 year after January 2, 2013, the Administrator of the Small Business Administration shall take such actions as are necessary to ensure that the electronic subcontracting reporting system established by the Administration to carry out the requirement of section 637(d)(6)(E) of this title is modified to ensure that it can identify entities that fail to submit required reports.
• 15 U.S.C. § 637d(2)

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  (2) Not later than March 31 of each year, the Administrator of the Small Business Administration shall provide the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report, based on data available through existing systems, that sets forth, by agency (and to the extent practicable, by type of goal or plan), the following information:

  (A) the percentage of entities required to submit reports pursuant to section 637(d)(6) of this title that filed such reports and that failed to file such reports during the prior fiscal year;

  (B) the percentage of entities filing such reports that met, exceeded, or failed to meet goals set forth in their subcontracting plans during the prior fiscal year; and

  (C) the aggregate value by which such entities exceeded, or failed to meet, their subcontracting goals during the prior fiscal year.
• 15 U.S.C. § 638(aa)(3)

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  (3) The Administrator shall include the information described in paragraph (2) in the annual report of the Administrator to Congress.
• 15 U.S.C. § 638(aa)(4)

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  (4) Upon the receipt of an application from a Federal agency, the Administrator may grant a waiver from the requirement under paragraph (1) with respect to a specific topic (but not for the agency as a whole) for a fiscal year if the Administrator determines, based on the information contained in the application from the agency, that—

  (A) the requirement under paragraph (1) will interfere with the ability of the agency to fulfill its research mission through the SBIR program or the STTR program; and

  (B) the agency will minimize, to the maximum extent possible, the number of awards that do not satisfy the requirement under paragraph (1) to preserve the nature and intent of the SBIR program and the STTR program.
• 15 U.S.C. § 638(aa)(6)

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  (6) The requirement under paragraph (1) and the requirement to receive a waiver from the Administrator under paragraph (4) do not apply to a Federal agency for awards of not more than $30,000,000 to a small business concern with funds made available under a strategic breakthrough allocation (as defined in subsection (ff)(3)(A)).
• 15 U.S.C. § 638(aaa)(2)(B)

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  (B) For each topic for which a waiver is sought under subparagraph (A), the Director of the SBIR or STTR program office of the Federal agency shall provide a written justification to the Administrator, and to the Undersecretary described in subparagraph (C), for why the use of the waiver authority is imperative for the agency’s mission and the nature of the immediate and critical need that the Director reasonably believes cannot be met by small business concerns that have not reached the proposal limit under paragraph (1).
• 15 U.S.C. § 638(aaa)(2)(C)

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  (C) The Undersecretary overseeing the SBIR or STTR program at a Federal agency and the Administrator are required to approve or disapprove a waiver and written justification not later than 15 days after the date on which the Undersecretary receives from the Director the waiver request described in subparagraph (A) and the written justification described in subparagraph (B).
• 15 U.S.C. § 638(b)(7)(E)

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  (E) a detailed description of appeals of Phase III awards and notices of noncompliance with the SBIR Policy Directive and the STTR Policy Directive filed by the Administrator with Federal agencies;
• 15 U.S.C. § 638(b)(7)(K)

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  (K) the minimum performance standards established under subsection (qq), including any applicable modifications under paragraph (3) of such subsection, and the number of small business concerns that did not meet those minimum performance standards, provided that the Administrator does not publish any personally identifiable information, the identity of each such small business concern, or any otherwise sensitive information; and
• 15 U.S.C. § 638(b)(7)(L)

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  (L) the aggregate number and dollar amount of SBIR and STTR awards made pursuant to waivers under subsection (qq)(3)(E), provided that the Administrator does not publish any personally identifiable information, the identity of each such small business concern, or any otherwise sensitive information;
• 15 U.S.C. § 638(bb)(1)

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  (1) A small business concern that received a Phase I award from a Federal agency under this section shall be eligible to receive a subsequent Phase II award from another Federal agency, if the head of each relevant Federal agency or the relevant component of the Federal agency makes a written determination that the topics of the relevant awards are the same and both agencies report the awards to the Administrator for inclusion in the public database under subsection (k).
• 15 U.S.C. § 638(bb)(2)

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  (2) A small business concern that received a Phase I award under this section under the SBIR program or the STTR program may receive a subsequent Phase II award in either the SBIR program or the STTR program and the participating agency or agencies shall report the awards to the Administrator for inclusion in the public database under subsection (k).
• 15 U.S.C. § 638(d)(1)

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  (1) The Administrator is authorized to consult with representatives of small-business concerns with a view to assisting and encouraging such firms to undertake joint programs for research and development carried out through such corporate or other mechanism as may be most appropriate for the purpose. Such joint programs may, among other things, include the following purposes:

  (A) to construct, acquire, or establish laboratories and other facilities for the conduct of research;

  (B) to undertake and utilize applied research;

  (C) to collect research information related to a particular industry and disseminate it to participating members;

  (D) to conduct applied research on a protected, proprietary, and contractual basis with member or nonmember firms, Government agencies, and others;

  (E) to prosecute applications for patents and render patent services for participating members; and

  (F) to negotiate and grant licenses under patents held under the joint program, and to establish corporations designed to exploit particular patents obtained by it.
• 15 U.S.C. § 638(d)(2)

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  (2) The Administrator may, after consultation with the Attorney General and the Chairman of the Federal Trade Commission, and with the prior written approval of the Attorney General, approve any agreement between small-business firms providing for a joint program of research and development, if the Administrator finds that the joint program proposed will maintain and strengthen the free enterprise system and the economy of the Nation. The Administrator or the Attorney General may at any time withdraw his approval of the agreement and the joint program of research and development covered thereby, if he finds that the agreement or the joint program carried on under it is no longer in the best interests of the competitive free enterprise system and the economy of the Nation. A copy of the statement of any such finding and approval intended to be within the coverage of this subsection, and a copy of any modification or withdrawal of approval, shall be published in the Federal Register. The authority conferred by this subsection on the Administrator shall not be delegated by him.
• 15 U.S.C. § 638(d)(3)

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  (3) No act or omission to act pursuant to and within the scope of any joint program for research and development, under an agreement approved by the Administrator under this subsection, shall be construed to be within the prohibitions of the antitrust laws or the Federal Trade Commission Act [15 U.S.C. 41 et seq.]. Upon publication in the Federal Register of the notice of withdrawal of his approval of the agreement granted under this subsection, either by the Administrator or by the Attorney General, the provisions of this subsection shall not apply to any subsequent act or omission to act by reason of such agreement or approval.
• 15 U.S.C. § 638(dd)(1)

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  (1) Upon providing a written determination described in paragraph (2) to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, not later than 30 days before the date on which any such award is made—

  (A) the Director of the National Institutes of Health, the Secretary of Energy, and the Director of the National Science Foundation may award not more than 25 percent of the funds allocated for the SBIR program of the applicable Federal agency to small business concerns that are owned in majority part by multiple venture capital operating companies, hedge funds, or private equity firms through competitive, merit-based procedures that are open to all eligible small business concerns; and

  (B) the head of a Federal agency other than a Federal agency described in subparagraph (A) that participates in the SBIR program may award not more than 15 percent of the funds allocated for the SBIR program of the Federal agency to small business concerns that are owned in majority part by multiple venture capital operating companies, hedge funds, or private equity firms through competitive, merit-based procedures that are open to all eligible small business concerns.
• 15 U.S.C. § 638(dd)(3)(A)

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  (A) register with the Administrator on the date that the small business concern submits an application for an award under the SBIR program; and
• 15 U.S.C. § 638(dd)(4)(A)

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  (A) The head of a Federal agency that makes an award under this subsection during a fiscal year shall collect and submit to the Administrator data relating to the number and dollar amount of Phase I awards, Phase II awards, and any other category of awards by the Federal agency under the SBIR program during that fiscal year.
• 15 U.S.C. § 638(dd)(4)(B)

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  (B) The Administrator shall include as part of each annual report by the Administration under subsection (b)(7) any data submitted under subparagraph (A) and a discussion of the compliance of each Federal agency that makes an award under this subsection during the fiscal year with the maximum percentages under paragraph (1).
• 15 U.S.C. § 638(ee)(2)(B)

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  (B) approve an agreement between a small business concern receiving an SBIR or STTR award and a Federal laboratory or federally funded laboratory or research and development center, if the small business concern performs a lesser portion of the activities to be performed under that award than required by this section and by the SBIR Policy Directive and the STTR Policy Directive of the Administrator; or
• 15 U.S.C. § 638(ee)(3)

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  (3) Not later than 180 days after December 31, 2011, the Administrator shall modify the SBIR Policy Directive and the STTR Policy Directive issued under this section to ensure that small business concerns—

  (A) have the flexibility to use the resources of the Federal laboratories or federally funded research and development centers; and

  (B) are not mandated to enter into agreement with any Federal laboratory or any federally funded laboratory or research and development center as a condition of an award.
• 15 U.S.C. § 638(g)(4)(B)(ii)

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  (ii) if the Administrator authorizes an extension with respect to a solicitation, not later than 90 days after the date that would otherwise be applicable to the agency under clause (i);
• 15 U.S.C. § 638(g)(12)

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  (12) provide timely notice to the Administrator of any case or controversy before any Federal judicial or administrative tribunal concerning the SBIR program of the Federal agency;
• 15 U.S.C. § 638(gg)(2)(A)

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  (A) A covered Federal agency may not establish a pilot program unless the covered Federal agency makes a written application to the Administrator, not later than 90 days before the first day of the fiscal year in which the pilot program is to be established, that describes a compelling reason that additional investment in SBIR or STTR technologies is necessary, including unusually high regulatory, systems integration, or other costs relating to development or manufacturing of identifiable, highly promising small business technologies or a class of such technologies expected to substantially advance the mission of the agency.
• 15 U.S.C. § 638(gg)(2)(B)

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  (B) The Administrator shall—

  (i) make a determination regarding an application submitted under subparagraph (A) not later than 30 days before the first day of the fiscal year for which the application is submitted;

  (ii) publish the determination in the Federal Register; and

  (iii) make a copy of the determination and any related materials available to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives.
• 15 U.S.C. § 638(gg)(4)

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  (4) Any applicant that receives an award under a pilot program shall register with the Administrator in a registry that is available to the public.
• 15 U.S.C. § 638(gg)(6)

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  (6) The head of each covered Federal agency shall include in the annual report of the covered Federal agency to the Administrator an analysis of the various activities considered for inclusion in the pilot program of the covered Federal agency and a statement of the reasons why each activity considered was included or not included, as the case may be.
• 15 U.S.C. § 638(i)(2)(A)

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  (A) Not later than 4 months after the date of the enactment of each appropriations Act for a Federal agency required by this section to have an SBIR program, the Federal agency shall submit to the Administrator a report, which shall include a description of the methodology used for calculating the amount of the extramural budget of that Federal agency.
• 15 U.S.C. § 638(i)(2)(B)

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  (B) The Administrator shall include an analysis of the methodology received from each Federal agency referred to in subparagraph (A) in the report required by subsection (b)(7).
• 15 U.S.C. § 638(ii)(1)

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  (1) Federal agencies participating in the SBIR program or STTR program shall provide to the Administrator, for the annual report on the SBIR and STTR program under subsection (b)(7), the average amount of time the agency takes to make a final decision on proposals submitted under such programs, the average amount of time the agency takes to release funding with respect to an award under such programs, and the goals established to reduce such amounts.
• 15 U.S.C. § 638(j)(1)

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  (1) The Small Business Administration, after consultation with the Administrator of the Office of Federal Procurement Policy, the Director of the Office of Science and Technology Policy, and the Intergovernmental Affairs Division of the Office of Management and Budget, shall, within one hundred and twenty days of July 22, 1982, issue policy directives for the general conduct of the SBIR programs within the Federal Government, including providing for—

  (A) simplified, standardized, and timely SBIR solicitations;

  (B) a simplified, standardized funding process which provides for (i) the timely receipt and review of proposals; (ii) outside peer review for at least Phase II proposals, if appropriate; (iii) protection of proprietary information provided in proposals; (iv) selection of awardees; (v) retention of rights in data generated in the performance of the contract by the small business concern; (vi) transfer of title to property provided by the agency to the small business concern if such a transfer would be more cost effective than recovery of the property by the agency; (vii) cost sharing; and (viii) cost principles and payment schedules;

  (C) exemptions from the regulations under paragraph (2)⁴ if national security or intelligence functions clearly would be jeopardized;

  (D) minimizing regulatory burden associated with participation in the SBIR program for the small business concern which will stimulate the cost-effective conduct of Federal research and development and the likelihood of commercialization of the results of research and development conducted under the SBIR program;

  (E) simplified, standardized, and timely annual report on the SBIR program to the Small Business Administration and the Office of Science and Technology Policy;

  (F) standardized and orderly withdrawal from program participation by an agency having a SBIR program; at the discretion of the Administration, such directives may require a phased withdrawal over a period of time sufficient in duration to minimize any adverse impact on small business concerns; and

  (G) the voluntary participation in a SBIR program by a Federal agency not required to establish such a program pursuant to subsection (f).
• 15 U.S.C. § 638(j)(2)

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  (2) Not later than 90 days after October 28, 1992, the Administrator shall modify the policy directives issued pursuant to this subsection to provide for—

  (A) retention by a small business concern of the rights to data generated by the concern in the performance of an SBIR award for a period of not less than 4 years;

  (B) continued use by a small business concern participating in Phase III of the SBIR program, as a directed bailment, of any property transferred by a Federal agency to the small business concern in Phase II of an SBIR program for a period of not less than 2 years, beginning on the initial date of the concern’s participation in Phase III of such program;

  (C) procedures to ensure, to the extent practicable, that an agency which intends to pursue research, development, or production of a technology developed by a small business concern under an SBIR program enters into follow-on, non-SBIR funding agreements with the small business concern for such research, development, or production;

  (D) an increase to $150,000 in the amount of funds which an agency may award in Phase I of an SBIR program, and to $1,000,000 in Phase II of an SBIR program, and an adjustment of such amounts every year for inflation;

  (E) a process for notifying the participating SBIR agencies and potential SBIR participants of the 1991, 1992, and the current critical technologies, as identified—

  (i) by the National Critical Technologies Panel (or its successor), in accordance with section 6683¹ of title 42; or

  (ii) by the Secretary of Defense, in accordance with section 2522¹ of title 10;

  (F) enhanced outreach efforts to increase the participation of socially and economically disadvantaged small business concerns, as defined in section 637(a)(4) of this title, and the participation of small businesses that are 51 percent owned and controlled by women in technological innovation and in SBIR programs, including Phase III of such programs, and the collection of data to document such participation;

  (G) technical and programmatic guidance to encourage agencies to develop gap-funding programs to address the delay between an award for Phase I of an SBIR program and the application for and extension of an award for Phase II of such program;

  (H) procedures to ensure that a small business concern that submits a proposal for a funding agreement for Phase I of an SBIR program and that has received more than 15 Phase II SBIR awards during the preceding 5 fiscal years is able to demonstrate the extent to which it was able to secure Phase III funding to develop concepts resulting from previous Phase II SBIR awards; and

  (I) procedures to ensure that agencies participating in the SBIR program retain the information submitted under subparagraph (H) at least until the Government Accountability Office submits the report required under section 105 of the Small Business Research and Development Enhancement Act of 1992.
• 15 U.S.C. § 638(j)(3)

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  (3) Not later than 120 days after December 21, 2000, the Administrator shall modify the policy directives issued pursuant to this subsection—

  (A) to clarify that the rights provided for under paragraph (2)(A) apply to all Federal funding awards under this section, including Phase I, Phase II, and Phase III;

  (B) to provide for the requirement of a succinct commercialization plan with each application for a Phase II award that is moving toward commercialization;

  (C) to require agencies to report to the Administration, not less frequently than annually, all instances in which an agency pursued research, development, or production of a technology developed by a small business concern using an award made under the SBIR program of that agency, and determined that it was not practicable to enter into a follow-on non-SBIR program funding agreement with the small business concern, which report shall include, at a minimum—

  (i) the reasons why the follow-on funding agreement with the small business concern was not practicable;

  (ii) the identity of the entity with which the agency contracted to perform the research, development, or production; and

  (iii) a description of the type of funding agreement under which the research, development, or production was obtained; and

  (D) to implement subsection (v), including establishing standardized procedures for the provision of information pursuant to subsection (k)(3).
• 15 U.S.C. § 638(j)(4)

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  (4) Upon the enactment of this paragraph, the Administrator shall modify the policy directives issued pursuant to this subsection to require procurement center representatives (as described in section 644(l) of this title) to consult with the appropriate personnel from the relevant Federal agency, to assist small business concerns participating in the SBIR program, particularly in Phase III, and advocate for the maximum practicable use and transition of products, services, and technologies developed under SBIR or STTR programs to Phase III by means of Phase III awards to small business concerns.
• 15 U.S.C. § 638(jj)(3)(B)

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  (B) The administrator of a Proof of Concept Partnership program shall award grants in accordance with the following guidelines:

  (i) The Proof of Concept Partnership shall use a market-focused project management oversight process, including—

  (I) a rigorous, diverse review board comprised of local experts in translational and proof of concept research, including industry, start-up, venture capital, technical, financial, and business experts and university technology transfer officials;

  (II) technology validation milestones focused on market feasibility;

  (III) simple reporting effective at redirecting projects; and

  (IV) the willingness to reallocate funding from failing projects to those with more potential.

  (ii) Not more than $100,000 shall be awarded towards an individual proposal.
• 15 U.S.C. § 638(jj)(3)(C)

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  (C) The administrator of a Proof of Concept Partnership program shall make educational resources and guidance available to researchers attempting to commercialize their innovations.
• 15 U.S.C. § 638(k)(1)

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  (1) Not later than 180 days after December 21, 2000, the Administrator shall develop, maintain, and make available to the public a searchable, up-to-date, electronic database that includes—

  (A) the name, size, location, and an identifying number assigned by the Administrator, of each small business concern that has received a Phase I or Phase II SBIR or STTR award from a Federal agency;

  (B) a description of each Phase I or Phase II SBIR or STTR award received by that small business concern, including—

  (i) an abstract of the project funded by the award, excluding any proprietary information so identified by the small business concern;

  (ii) the Federal agency making the award; and

  (iii) the date and amount of the award;

  (C) an identification of any business concern or subsidiary established for the commercial application of a product or service for which an SBIR or STTR award is made;

  (D) information regarding mentors and Mentoring Networks, as required by section 657e(d) of this title;

  (E) with respect to assistance under the STTR program only—

  (i) whether the small business concern or the research institution initiated their collaboration on each assisted STTR project;

  (ii) whether the small business concern or the research institution originated any technology relating to the assisted STTR project;

  (iii) the length of time it took to negotiate any licensing agreement between the small business concern and the research institution under each assisted STTR project; and

  (iv) how the proceeds from commercialization, marketing, or sale of technology resulting from each assisted STTR project were allocated (by percentage) between the small business concern and the research institution;

  (F) for each small business concern that has received a Phase I or Phase II SBIR or STTR award from a Federal agency, whether the small business concern—

  (i) has venture capital, hedge fund, or private equity firm investment and, if so, whether the small business concern is registered as majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms as required under subsection (dd)(3);

  (ii) is owned by a woman or has a woman as a principal investigator;²

  (iii) is owned by a socially or economically disadvantaged individual or has a socially or economically disadvantaged individual as a principal investigator;²

  (iv) is owned by a faculty member or a student of an institution of higher education, as that term is defined in section 1001 of title 20; or

  (v) received assistance under the Federal and State Technology Partnership Program (FAST Program); and

  (G) for each award granted, whether the award is classified or designated as—

  (i) direct to Phase II, under subsection (cc);

  (ii) subsequent Phase II, under subsection (bb)(1);

  (iii) a strategic breakthrough award under subsection (ff)(3);

  (iv) a Phase III prime contract award; or

  (v) a Phase III subcontract award.
• 15 U.S.C. § 638(k)(1)(A)

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  (A) the name, size, location, and an identifying number assigned by the Administrator, of each small business concern that has received a Phase I or Phase II SBIR or STTR award from a Federal agency;
• 15 U.S.C. § 638(k)(2)

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  (2) Not later than 90 days after December 31, 2011, the Administrator, in consultation with Federal agencies required to have an SBIR program pursuant to subsection (f)(1) or an STTR program pursuant to subsection (n)(1), shall develop and maintain a database to be used exclusively for SBIR and STTR program evaluation that—

  (A) contains for each small business concern that applies for, submits a proposal for, or receives an award under Phase I or Phase II of the SBIR program or the STTR program—

  (i) the name, size, and location of, and the identifying number assigned by the Administration to, the small business concern;

  (ii) an abstract of the applicable project;

  (iii) the specific aims of the project;

  (iv) the number of employees of the small business concern;

  (v) the names and titles of the key individuals that will carry out the project, the position each key individual holds in the small business concern, and contact information for each key individual;

  (vi) the percentage of effort each individual described in clause (v) will contribute to the project;

  (vii) whether the small business concern is majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms; and

  (viii) the Federal agency to which the application is made and contact information for the person or office within the Federal agency that is responsible for reviewing applications and making awards under the SBIR program or the STTR program;

  (B) contains for each Phase II award made by a Federal agency—

  (i) information collected in accordance with paragraph (3) on revenue from the sale of new products or services resulting from the research conducted under the award;

  (ii) information collected in accordance with paragraph (3) on additional investment from any source, other than Phase I or Phase II SBIR or STTR awards, to further the research and development conducted under the award; and

  (iii) any other information received in connection with the award that the Administrator, in conjunction with the SBIR and STTR program managers of Federal agencies, considers relevant and appropriate;

  (C) includes any narrative information that a small business concern receiving a Phase II award voluntarily submits to further describe the outputs and outcomes of its awards;

  (D) includes, for each awardee—

  (i) the name, size, and location of, and any identifying number assigned by the Administrator to, the awardee;

  (ii) whether the awardee has venture capital, hedge fund, or private equity firm investment and, if so—

  (I) the amount of venture capital, hedge fund, or private equity firm investment as of the date of the award;

  (II) the percentage of ownership of the awardee held by a venture capital operating company, hedge fund, or private equity firm, including whether the awardee is majority-owned by multiple venture capital operating companies, hedge funds, or private equity firms; and

  (III) the amount of additional capital that the awardee has invested in the SBIR or STTR technology, which information shall be collected on an annual basis;

  (iii) the names and locations of any affiliates of the awardee;

  (iv) the number of employees of the awardee;

  (v) the number of employees of the affiliates of the awardee; and

  (vi) the names of, and the percentage of ownership of the awardee held by—

  (I) any individual who is not a citizen of the United States or a lawful permanent resident of the United States; or

  (II) any person that is not an individual and is not organized under the laws of a State or the United States;

  (E) includes any other data collected by or available to any Federal agency that such agency considers may be useful for SBIR or STTR program evaluation;

  (F) is available for use solely for program evaluation purposes by the Federal Government or, in accordance with policy directives issued by the Administration, by other authorized persons who are subject to a use and nondisclosure agreement with the Federal Government covering the use of the database; and

  (G) includes a timely and accurate list of any individual or small business concern that has participated in the SBIR program or STTR program that has been—

  (i) convicted of a fraud-related crime involving funding received under the SBIR program or STTR program; or

  (ii) found civilly liable for a fraud-related violation involving funding received under the SBIR program or STTR program.
• 15 U.S.C. § 638(k)(2)(B)(iii)

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  (iii) any other information received in connection with the award that the Administrator, in conjunction with the SBIR and STTR program managers of Federal agencies, considers relevant and appropriate;
• 15 U.S.C. § 638(k)(2)(D)(i)

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  (i) the name, size, and location of, and any identifying number assigned by the Administrator to, the awardee;
• 15 U.S.C. § 638(k)(3)(C)

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  (C) Not later than 60 days after the date established by a Federal agency for submitting applications or proposals for a Phase I or Phase II award under the SBIR program or STTR program, the head of the Federal agency shall submit to the Administrator the data required under paragraph (2) with respect to each small business concern that applies or submits a proposal for the Phase I or Phase II award.
• 15 U.S.C. § 638(ll)(2)

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  (2) The Administrator shall establish rules to implement this subsection. The rules shall include a requirement that a Federal agency include in the SBIR and STTR application a provision through which the applicant can indicate consent for purposes of paragraph (1).
• 15 U.S.C. § 638(mm)(1)

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  (1) Subject to paragraph (3) and until September 30, 2031, the Administrator shall allow each Federal agency required to conduct an SBIR program to use not more than 3 percent of the funds allocated to the SBIR program of the Federal agency for—

  (A) the administration of the SBIR program or the STTR program of the Federal agency;

  (B) the provision of outreach and technical assistance relating to the SBIR program or STTR program of the Federal agency, including technical assistance site visits, personnel interviews, and national conferences;

  (C) the implementation of commercialization and outreach initiatives that were not in effect on December 31, 2011;

  (D) carrying out the program under subsection (y);

  (E) activities relating to oversight and congressional reporting, including waste, fraud, and abuse prevention activities;

  (F) targeted reviews of recipients of awards under the SBIR program or STTR program of the Federal agency that the head of the Federal agency determines are at high risk for fraud, waste, or abuse to ensure compliance with requirements of the SBIR program or STTR program, respectively;

  (G) the implementation of oversight and quality control measures, including verification of reports and invoices and cost reviews;

  (H) carrying out subsection (dd);

  (I) contract processing costs relating to the SBIR program or STTR program of the Federal agency;

  (J) funding for additional personnel and assistance with application reviews;

  (K) funding for improvements that increase commonality across data systems, reduce redundancy, and improve data oversight and accuracy; and

  (L) contracting officer and acquisition workforce training activities pursuant to subsection (r)(5).
• 15 U.S.C. § 638(mm)(2)(B)

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  (B) A Federal agency may request the Administrator to waive the requirement contained in subparagraph (A). Such request shall include an explanation of why the waiver is necessary. The Administrator may grant the waiver based on a determination that the agency has demonstrated a sufficient need for the waiver, that the outreach objectives of the agency are being met, and that there is increased participation by States with respect to which a low level of SBIR awards have historically been awarded.
• 15 U.S.C. § 638(mm)(3)

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  (3) A Federal agency may not use funds as authorized under paragraph (1) until after the effective date of performance criteria, which the Administrator shall establish, to measure any benefits of using funds as authorized under paragraph (1) and to assess continuation of the authority under paragraph (1).
• 15 U.S.C. § 638(mm)(4)

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  (4) Not later than 180 days after December 31, 2011, the Administrator shall issue rules to carry out this subsection.
• 15 U.S.C. § 638(mm)(6)

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  (6) The Administrator shall collect data and provide to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business, the Committee on Science, Space, and Technology, and the Committee on Appropriations of the House of Representatives a report on the use of funds under this subsection, including funds used to achieve the objectives of paragraph (2)(A) and any use of the waiver authority under paragraph (2)(B).
• 15 U.S.C. § 638(nn)(3)(A)

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  (A) The head of each Federal agency described in paragraph (1) shall submit to the appropriate committees of Congress and the Administrator an annual report describing in detail the results of an evaluation conducted under paragraph (2).
• 15 U.S.C. § 638(o)(4)(B)(ii)

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  (ii) if the Administrator authorizes an extension for a solicitation, not later than 90 days after the date that would be applicable to the agency under clause (i);
• 15 U.S.C. § 638(o)(9)(A)(vi)

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  (vi) is located in a State in which the total value of contracts awarded to small business concerns under all STTR programs is less than the total value of contracts awarded to small business concerns in a majority of other States, as determined by the Administrator in biennial fiscal years, beginning with fiscal year 2008, based on the most recent statistics compiled by the Administrator;
• 15 U.S.C. § 638(o)(11)

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  (11) adopt the agreement developed by the Administrator under subsection (w) as the agency’s model agreement for allocating between small business concerns and research institutions intellectual property rights and rights, if any, to carry out follow-on research, development, or commercialization;
• 15 U.S.C. § 638(o)(16)

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  (16) provide timely notice to the Administrator of any case or controversy before any Federal judicial or administrative tribunal concerning the STTR program of the Federal agency;
• 15 U.S.C. § 638(p)(1)

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  (1) The Administrator shall issue a policy directive for the general conduct of the STTR programs within the Federal Government. Such policy directive shall be issued after consultation with—

  (A) the heads of each of the Federal agencies required by subsection (n) to establish an STTR program;

  (B) the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office; and

  (C) the Director of the Office of Federal Procurement Policy.
• 15 U.S.C. § 638(p)(2)(B)(ix)

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  (ix) 1-year awards for Phase I of an STTR program, generally not to exceed $150,000, and 2-year awards for Phase II of an STTR program, generally not to exceed $1,000,000, (each of which the Administrator shall adjust for inflation annually) greater or lesser amounts to be awarded at the discretion of the awarding agency, and shorter or longer periods of time to be approved at the discretion of the awarding agency where appropriate for a particular project;
• 15 U.S.C. § 638(p)(3)

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  (3) Not later than 120 days after October 15, 2001, the Administrator shall modify the policy directive issued pursuant to this subsection to clarify that the rights provided for under paragraph (2)(B)(v) apply to all Federal funding awards under this section, including Phase I, Phase II, and Phase III.
• 15 U.S.C. § 638(pp)(1)

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  (1) The Administrator may only carry out a covered pilot program that is in operation on December 31, 2011, during the 3-year period beginning on such date.
• 15 U.S.C. § 638(pp)(2)

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  (2) The Administrator may only carry out a covered pilot program established after December 31, 2011—

  (A) during the 3-year period beginning on the date on which such program is established; and

  (B) if such program does not continue and is not based on, in any manner, a previously established covered pilot program.
• 15 U.S.C. § 638(pp)(3)(A)

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  (A) established by the Administrator;
• 15 U.S.C. § 638(q)(3)(E)

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  (E) The Administrator shall establish a limit on the amount of technical and business assistance services that may be received or purchased under subparagraph (B) by a small business concern that has received multiple Phase II SBIR or STTR awards for a fiscal year.
• 15 U.S.C. § 638(qq)(3)(B)(iii)(I)

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  (I) A small business concern that is subject to an increased minimum performance standard described in clause (i) shall submit to the Administrator supporting documentation evidencing that all covered sales of the small business concern were properly used to meet the increased minimum performance standard.
• 15 U.S.C. § 638(qq)(3)(E)(i)

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  (i) The Administrator may, upon the request of a senior official of a Federal agency, grant a waiver with respect to a topic for the SBIR or STTR program of the Federal agency if—

  (I) the topic is critical to the mission of the Federal agency or relates to national security; and

  (II) the official submits to the Administrator a request for the waiver in accordance with clause (iii).
• 15 U.S.C. § 638(qq)(3)(E)(i)(II)

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  (II) the official submits to the Administrator a request for the waiver in accordance with clause (iii).
• 15 U.S.C. § 638(qq)(3)(E)(iii)

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  (iii) Not later than 15 days before the release of a solicitation including a topic for which a senior official of a Federal agency is requesting a waiver under clause (i), the senior official shall submit to the Administrator, the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a request for the waiver.
• 15 U.S.C. § 638(qq)(3)(E)(iv)

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  (iv) Not later than 15 days after receiving a request for a waiver under clause (i), the Administrator shall make a determination with respect to the request and notify the senior official at the Federal agency that made the request, the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate of the determination.
• 15 U.S.C. § 638(qq)(3)(E)(v)(II)

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  (II) The term “senior official” means an individual appointed to a position in a Federal agency that is classified above GS–15 pursuant section 5108 of title 5, or any equivalent position, as determined by the Administrator.
• 15 U.S.C. § 638(qq)(3)(F)(i)

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  (i) Not later than July 1, 2023, and annually thereafter, the Administrator shall submit to Congress a list of the small business concerns that did not meet—

  (I) an applicable minimum performance standard established under paragraph (1)(A)(ii) or (2)(A)(ii); or

  (II) an applicable increased minimum performance standard.
• 15 U.S.C. § 638(qq)(3)(F)(ii)

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  (ii) Each list submitted under clause (i) shall identify each small business concern that received an SBIR or STTR award pursuant to a waiver granted under subparagraph (E) by the Administrator during the period covered by the list.
• 15 U.S.C. § 638(qq)(4)(A)

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  (A) Each system and minimum performance standard established under paragraph (1) or paragraph (2) shall be submitted by the head of the applicable Federal agency to the Administrator and shall be subject to the approval of the Administrator. In making a determination with respect to approval, the Administrator shall ensure that the minimum performance standard exceeds a de minimis level. The Administrator shall publish on the Internet Web site of the Administration the systems and minimum performance standards approved.
• 15 U.S.C. § 638(qq)(4)(B)

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  (B) The head of each covered Federal agency shall submit to the Administrator the results of each evaluation conducted under paragraph (1) or paragraph (2).
• 15 U.S.C. § 638(qq)(5)

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  (5) Each system and minimum performance standard established under paragraph (1) or paragraph (2) and each approval provided by the Administrator under paragraph (4)(A), at least 60 days before becoming effective, shall be preceded by the provision of notice of and an opportunity for public comment on such system, standard, or approval.
• 15 U.S.C. § 638(qq)(6)

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  (6) Not later than 1 year after the date on which the Administrator implements the increased minimum performance standards under paragraph (3), and periodically thereafter, the Inspector General of the Administration shall—

  (A) conduct an audit on whether the small business concerns subject to increased minimum performance standards under paragraph (3)(B) verified—

  (i) the sales by and investments in the small business concerns—

  (I) during the 5 fiscal years immediately preceding the fiscal year in which the small business concern used such sales and investments to meet an applicable increased performance standard; and

  (II) as a direct result of a Phase I award or Phase II award made under subsection (cc) during the covered period (as defined in paragraph (3)(B)(iv)), consistent with the definition of Phase III, as applicable;

  (ii) any third-party revenue the small business concerns list as investments or incomes to meet the increased minimum performance standard—

  (I) is a direct result of a Phase I award or Phase II award made under subsection (cc) during the covered period (as defined in paragraph (3)(B)(iv)); and

  (II) consistent with the requirements of the Administrator as in effect on September 30, 2022, or any successor requirements; and

  (iii) any dollar amounts such small business concerns list as investments or income to meet such increased minimum performance standard the providence of which is unclear and that is not directly attributable to a Phase I award or Phase II award made under subsection (cc) during the covered period (as defined in paragraph (3)(B)(iv)), consistent with the definition of Phase III, as applicable;

  (B) assess the self-certification requirements for the minimum performance standards established under paragraph (2)(A)(ii) and the increased minimum performance standards under paragraph (3)(B); and

  (C) submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives a report on the audit conducted under subparagraph (A) and the assessment conducted under subparagraph (B).
• 15 U.S.C. § 638(qq)(6)(A)(ii)(II)

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  (II) consistent with the requirements of the Administrator as in effect on September 30, 2022, or any successor requirements; and
• 15 U.S.C. § 638(r)(4)(C)

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  (C) develop simplified and standardized procedures and model contracts for Phase I, Phase II, and Phase III SBIR awards and report to the Administrator on actions taken by the Federal agency in support of these objectives; and
• 15 U.S.C. § 638(r)(5)(A)

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  (A) The Administrator, in coordination with the Secretary of Defense, the Administrator of General Services, and the head of any other Federal agency that the Administrator determines appropriate, shall establish training activities for contracting officers and the agency acquisition workforce of Federal agencies to ensure that all such individuals are fully aware of all aspects of Phase III awards under the SBIR and STTR programs, as applicable.
• 15 U.S.C. § 638(rr)

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  (rr) In order to increase the number of small businesses receiving awards under the SBIR or STTR programs of participating agencies, and to simplify the application process for such awards, the Administrator shall establish and maintain a public Internet Web site on which the Administrator shall publish such information relating to notice of and application for awards under the SBIR program and STTR program of each participating Federal agency as the Administrator determines appropriate.
• 15 U.S.C. § 638(ss)

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  (ss) Not later than October 1, 2013, and annually thereafter, the head of each Federal agency that makes more than $50,000,000 in awards under the SBIR and STTR programs of the agency combined shall submit to the Administrator, for inclusion in the annual report required under subsection (b)(7), information that includes—

  (1) a description of efforts undertaken by the head of the Federal agency to enhance United States manufacturing activities;

  (2) a comprehensive description of the actions undertaken each year by the head of the Federal agency in carrying out the SBIR or STTR program of the agency in support of Executive Order 13329 (69 Fed. Reg. 9181; relating to encouraging innovation in manufacturing);

  (3) an assessment of the effectiveness of the actions described in paragraph (2) at enhancing the research and development of United States manufacturing technologies and processes;

  (4) a description of efforts by vendors selected to provide discretionary technical assistance under subsection (q)(1) to help SBIR and STTR concerns manufacture in the United States; and

  (5) recommendations that the program managers of the SBIR or STTR program of the agency consider appropriate for additional actions to increase the effectiveness of enhancing manufacturing activities.
• 15 U.S.C. § 638(tt)(1)

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  (1) Not later than March 30, 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Small Business of the House of Representatives, and the Committee on Science, Space, and Technology of the House of Representatives—

  (A) each report, evaluation, or analysis, as applicable, described in subsection (b)(7), (g)(9), (o)(10), (y)(6)(C), (gg)(6), (jj)(6), and (mm)(6); and

  (B) metrics regarding, and an evaluation of, the authority provided to the National Institutes of Health, the Department of Defense, and the Department of Education under subsection (cc).
• 15 U.S.C. § 638(tt)(2)

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  (2) Not later than December 31, 2018, the head of each agency that is responsible for carrying out a provision described in subparagraph (A) or (B) of paragraph (1) shall submit to the Administrator any information that is necessary for the Administrator to carry out the responsibilities of the Administrator under that paragraph.
• 15 U.S.C. § 638(u)(3)

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  (3) A State referred to in subparagraph (A)(ii) or (B)(ii) of paragraph (2) is a State in which the total value of contracts awarded to small business concerns under all SBIR programs is less than the total value of contracts awarded to small business concerns in a majority of other States, as determined by the Administrator in biennial fiscal years, beginning with fiscal year 2000, based on the most recent statistics compiled by the Administrator.
• 15 U.S.C. § 638(uu)(1)(B)

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  (B) If the Administrator determines that a covered agency has a program that is sufficiently similar to the commercialization assistance pilot program established under this subsection, such covered agency shall not be required to implement a commercialization assistance pilot program under this subsection.
• 15 U.S.C. § 638(uu)(5)(A)

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  (A) The Administrator shall require, as a condition of any subsequent Phase II SBIR award made to an eligible entity under this subsection, that a matching amount (excluding any fees collected by the eligible entity receiving such award) equal to the amount of such award be provided from an eligible third-party investor.
• 15 U.S.C. § 638(v)(1)

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  (1) The Administrator shall work with the Federal agencies required by this section to have an SBIR or STTR program to standardize reporting requirements for the collection of data from SBIR or STTR applicants and awardees, including data for inclusion in the database under subsection (k), taking into consideration the unique needs of each agency, and to the extent possible, permitting the updating of previously reported information by electronic means. Such requirements shall be designed to minimize the burden on small businesses.
• 15 U.S.C. § 638(v)(2)

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  (2) Not later than 1 year after December 31, 2011, and after a period of public comment, the Administrator shall issue regulations or guidelines, taking into consideration the unique needs of each Federal agency, to ensure that each Federal agency required to carry out an SBIR program or STTR program simplifies and standardizes the program proposal, selection, contracting, compliance, and audit procedures for the SBIR program or STTR program of the Federal agency (including procedures relating to overhead rates for applicants and documentation requirements) to reduce the paperwork and regulatory compliance burden on small business concerns applying to and participating in the SBIR program or STTR program.
• 15 U.S.C. § 638(vv)(1)

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  (1) The head of each Federal agency required to establish an SBIR or STTR program, in coordination with the Administrator, shall establish and implement a due diligence program to assess security risks presented by small business concerns seeking a federally funded award.
• 15 U.S.C. § 638(vv)(3)(B)(i)

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  (i) Not later than December 31 of the year in which this subparagraph is enacted, and not later than December 31 of each year thereafter, the head of a Federal agency that exercises the authority under subparagraph (A) shall submit to the Committee on Small Business and the Committee on Science, Space, and Technology of the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Administrator, for the covered year—

  (I) the total funds allowed to be allocated for the cost of establishing the due diligence program required under this subsection;

  (II) the total amount of funds obligated or expended under subparagraph (A); and

  (III) the due diligence activities carried out or to be carried out using amounts allocated under subparagraph (A).
• 15 U.S.C. § 638(vv)(3)(B)(ii)

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  (ii) The Administrator shall include the information submitted by head of a Federal agency under clause (i) in the next annual report submitted under subsection (b)(7) after the Administrator receives such information.
• 15 U.S.C. § 638(vv)(3)(B)(iii)

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  (iii) In this subparagraph, the term “covered year” means, with respect to the information required under clause (i), the year covered by the annual report submitted under subsection (b)(7) in which the Administrator is required to include such information by clause (ii).
• 15 U.S.C. § 638(w)(1)

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  (1) The Administrator shall promulgate regulations establishing a single model agreement for use in the STTR program that allocates between small business concerns and research institutions intellectual property rights and rights, if any, to carry out follow-on research, development, or commercialization.
• 15 U.S.C. § 638(w)(2)

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  (2) In promulgating regulations under paragraph (1), the Administrator shall provide to affected agencies, small business concerns, research institutions, and other interested parties the opportunity to submit written comments.
• 15 U.S.C. § 638(y)(5)(D)

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  (D) submit to the Administrator for inclusion in the annual report under subsection (b)(7)—

  (i) the number and percentage of Phase II SBIR and STTR contracts awarded by the Secretary that led to technology transition into programs of record or fielded systems;

  (ii) information on the status of each project that received funding through the Commercialization Readiness Program and efforts to transition those projects into programs of record or fielded systems; and

  (iii) a description of each incentive that has been used by the Secretary under subparagraph (B) and the effectiveness of that incentive with respect to meeting the goal under subparagraph (A).
• 15 U.S.C. § 638(z)(1)

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  (1) In carrying out its duties under this section relating to SBIR and STTR solicitations by Federal departments and agencies, the Administrator shall—

  (A) ensure that such departments and agencies give high priority to small business concerns that participate in or conduct energy efficiency or renewable energy system research and development projects; and

  (B) include in the annual report to Congress under subsection (b)(7) a determination of whether the priority described in subparagraph (A) is being carried out.
• 15 U.S.C. § 638(z)(2)

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  (2) The Administrator shall consult with the heads of other Federal departments and agencies in determining whether priority has been given to small business concerns that participate in or conduct energy efficiency or renewable energy system research and development projects, as required by this subsection.
• 15 U.S.C. § 638(z)(3)

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  (3) The Administrator shall, as soon as is practicable after December 19, 2007, issue guidelines and directives to assist Federal agencies in meeting the requirements of this subsection.
• 15 U.S.C. § 638b(a)(1)

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  (1) Not later than 90 days after December 31, 2011, the Administrator shall amend the SBIR Policy Directive and the STTR Policy Directive to include measures to prevent fraud, waste, and abuse in the SBIR program and the STTR program.
• 15 U.S.C. § 638b(a)(3)

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  (3) The Administrator shall develop, in consultation with the Council of Inspectors General on Integrity and Efficiency, the procedures and requirements for the certification set forth under paragraph (2)(D) after providing notice of and an opportunity for public comment on such procedures and requirements.
• 15 U.S.C. § 638b(a)(5)(D)(i)

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  (i) administrators of the SBIR program and the STTR program of the Federal agency;
• 15 U.S.C. § 639(b)(1)

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  (1) Not later than 180 days after December 21, 2022, and every year thereafter, the Administrator shall submit a report to the appropriate congressional committees that includes—

  (A) a strategy to increase the cybersecurity of information technology infrastructure of the Administration;

  (B) a supply chain risk management strategy and an implementation plan to address the risks of foreign manufactured information technology equipment utilized by the Administration, including specific risk mitigation activities for components originating from entities with principal places of business located in the People’s Republic of China; and

  (C) an account of—

  (i) any incident that occurred at the Administration during the 2-year period preceding the date on which the first report is submitted, and, for subsequent reports, the 1-year period preceding the date of submission; and

  (ii) any action taken by the Administrator to respond to or remediate any such incident.
• 15 U.S.C. § 639(b)(1)(C)(ii)

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  (ii) any action taken by the Administrator to respond to or remediate any such incident.
• 15 U.S.C. § 639(b)(3)

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  (3) Nothing in this subsection shall be construed to affect the reporting requirements of the Administrator under chapter 35 of title 44, in particular the requirement to notify the Federal information security incident center under section 3554(b)(7)(C)(ii) of such title, any guidance issued by the Office of Management and Budget, or any other provision of law or Federal policy.
• 15 U.S.C. § 639(f)

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  (f) To the extent deemed necessary by the Administrator to protect and preserve small-business interests, the Administration shall consult and cooperate with other departments and agencies of the Federal Government in the formulation by the Administration of policies affecting small-business concerns. When requested by the Administrator, each department and agency of the Federal Government shall consult and cooperate with the Administration in the formulation by such department or agency of policies affecting small-business concerns, in order to insure that small-business interests will be recognized, protected, and preserved. This subsection shall not require any department or agency to consult or cooperate with the Administration in any case where the head of such department or agency determines that such consultation or cooperation would unduly delay action which must be taken by such department or agency to protect the national interest in an emergency.
• 15 U.S.C. § 639b(a)(1)

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  (1) Except as provided in paragraph (2), on and after December 27, 2020, the Administrator shall comply with any data or information requests or inquiries made by the Comptroller General of the United States not later than 15 days (or such later date as the Comptroller General may specify) after receiving the request or inquiry.
• 15 U.S.C. § 639b(a)(2)

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  (2) If the Administrator is unable to comply with a request or inquiry described in paragraph (1) before the applicable date described in that paragraph, the Administrator shall, before such applicable date, submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a notification that includes a detailed justification for the inability of the Administrator to comply with the request or inquiry.
• 15 U.S.C. § 639b(b)

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  (b) Not later than the date that is 120 days after December 27, 2020, and not less than twice each year thereafter until the date that is 2 years after December 27, 2020, the Administrator and the Secretary of the Treasury shall testify before the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding implementation of this Act and the amendments made by this Act.
• 15 U.S.C. § 644(a)(1)

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  (1) For purposes of this chapter, small business concerns shall receive any award or contract if such award or contract is, in the determination of the Administrator and the contracting agency, in the interest of—

  (A) maintaining or mobilizing the full productive capacity of the United States;

  (B) war or national defense programs; or

  (C) assuring that a fair proportion of the total purchases and contracts for goods and services of the Government in each industry category (as defined under paragraph (2)) are awarded to small business concerns.
• 15 U.S.C. § 644(a)(2)(A)

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  (A) In this subsection, the term “industry category” means a discrete group of similar goods and services, as determined by the Administrator in accordance with the North American Industry Classification System codes used to establish small business size standards, except that the Administrator shall limit an industry category to a greater extent than provided under the North American Industry Classification System codes if the Administrator receives evidence indicating that further segmentation of the industry category is warranted—

  (i) due to special capital equipment needs;

  (ii) due to special labor requirements;

  (iii) due to special geographic requirements, except as provided in subparagraph (B);

  (iv) due to unique Federal buying patterns or requirements; or

  (v) to recognize a new industry.
• 15 U.S.C. § 644(a)(2)(B)

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  (B) The Administrator may not further segment an industry category based on geographic requirements unless—

  (i) the Government typically designates the geographic area where work for contracts for goods or services is to be performed;

  (ii) Government purchases comprise the major portion of the entire domestic market for such goods or services; and

  (iii) it is unreasonable to expect competition from business concerns located outside of the general geographic area due to the fixed location of facilities, high mobilization costs, or similar economic factors.
• 15 U.S.C. § 644(a)(4)(A)

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  (A) The requirements of this paragraph shall apply to a proposed procurement that includes in its statement of work goods or services currently being supplied or performed by a small business concern and, as determined by the Administrator—

  (i) is in a quantity or of an estimated dollar value which makes the participation of a small business concern as a prime contractor unlikely;

  (ii) in the case of a proposed procurement for construction, seeks to bundle or consolidate discrete construction projects; or

  (iii) is a solicitation that involves an unnecessary or unjustified bundling of contract requirements.
• 15 U.S.C. § 644(a)(4)(D)

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  (D) If the procurement center representative and the contracting agency fail to agree on an alternative procurement method, the Administrator shall submit the matter to the head of the appropriate department or agency for a determination.
• 15 U.S.C. § 644(a)(5)

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  (5) With respect to a contract for the sale of Government property, small business concerns shall receive any such contract if, in the determination of the Administrator and the disposal agency, the award of such contract is in the interest of assuring that a fair proportion of the total sales of Government property be made to small business concerns.
• 15 U.S.C. § 644(c)(3)

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  (3) The Administrator shall monitor and evaluate such participation.
• 15 U.S.C. § 644(c)(4)(A)

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  (A) Not later than ten days after the announcement of a proposed award of a contract by an agency or department to a public or private organization for the handicapped, a for-profit small business concern that has experienced or is likely to experience severe economic injury as the result of the proposed award may file an appeal of the proposed award with the Administrator.
• 15 U.S.C. § 644(c)(4)(B)

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  (B) If such a concern files an appeal of a proposed award under subparagraph (A) and the Administrator, after consultation with the Executive Director of the Committee, finds that the concern has experienced or is likely to experience severe economic injury as the result of the proposed award, not later than thirty days after the filing of the appeal, the Administration shall require each agency and department having procurement powers to take such action as may be appropriate to alleviate economic injury sustained or likely to be sustained by the concern.
• 15 U.S.C. § 644(e)(5)

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  (5) With respect to evaluating an offer for a prime contract made by a small business concern that previously participated in a joint venture with another business concern (whether or not such other business concern was a small business concern), the Administrator shall establish regulations—

  (A) allowing the small business concern to elect to use the past performance of the joint venture if the small business concern has no relevant past performance of its own;

  (B) requiring the small business concern, when making an election under subparagraph (A)—

  (i) to identify to the contracting officer the joint venture of which the small business concern was a member; and

  (ii) to inform the contracting officer what duties and responsibilities the small business concern carried out as part of the joint venture; and

  (C) requiring a contracting officer, if the small business concern makes an election under subparagraph (A), to consider the past performance of the joint venture when evaluating the past performance of the small business concern, giving due consideration to the information provided under subparagraph (B)(ii).
• 15 U.S.C. § 644(g)(1)(B)

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  (B) Each agency shall have an annual goal that presents, for that agency, the maximum practicable opportunity for small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women to participate in the performance of contracts let by such agency. The Small Business Administration and the Administrator for Federal Procurement Policy shall, when exercising their authority pursuant to paragraph (2), insure that the cumulative annual prime contract goals for all agencies meet or exceed the annual Governmentwide prime contract goal established by the President pursuant to this paragraph.
• 15 U.S.C. § 644(g)(2)(C)

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  (C) Whenever the Administration and the head of any Federal agency fail to agree on established goals, the disagreement shall be submitted to the Administrator for Federal Procurement Policy for final determination.
• 15 U.S.C. § 644(h)(1)

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  (1) At the conclusion of each fiscal year, the head of each Federal agency shall submit to the Administrator a report describing—

  (A) the extent of the participation by small business concerns, small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women in the procurement contracts of such agency during such fiscal year;

  (B) whether the agency achieved the goals established for the agency under subsection (g)(2) with respect to such fiscal year;

  (C) any justifications for a failure to achieve such goals; and

  (D) a remediation plan with proposed new practices to better meet such goals, including analysis of factors leading to any failure to achieve such goals.
• 15 U.S.C. § 644(h)(2)

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  (2) Not later than 60 days after receiving a report from each Federal agency under paragraph (1) with respect to a fiscal year, the Administrator shall submit to the President and Congress, and to make available on a public Web site, a report that includes—

  (A) a copy of each report submitted to the Administrator under paragraph (1);

  (B) a determination of whether each goal established by the President under subsection (g)(1) for such fiscal year was achieved;

  (C) a determination of whether each goal established by the head of a Federal agency under subsection (g)(2) for such fiscal year was achieved;

  (D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, including the Administrator’s comments and recommendations on the proposed remediation plan; and

  (E) for the Federal Government and each Federal agency, an analysis of the number and dollar amount of prime contracts awarded during such fiscal year to—

  (i) small business concerns—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through unrestricted competition;

  (V) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns for purposes of the initial contract; and

  (VI) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;

  (ii) small business concerns owned and controlled by service-disabled veterans—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through competitions restricted to small business concerns owned and controlled by service-disabled veterans;

  (V) through unrestricted competition;

  (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by service-disabled veterans for purposes of the initial contract; and

  (VII) that were awarded using a procurement method that restricted competition to qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;

  (iii) qualified HUBZone small business concerns—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through competitions restricted to qualified HUBZone small business concerns;

  (V) through unrestricted competition where a price evaluation preference was used;

  (VI) through unrestricted competition where a price evaluation preference was not used;

  (VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be qualified HUBZone small business concerns for purposes of the initial contract; and

  (VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, or a subset of any such concerns;

  (iv) small business concerns owned and controlled by socially and economically disadvantaged individuals—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals;

  (V) through unrestricted competition;

  (VI) by reason of that concern’s certification as a small business owned and controlled by socially and economically disadvantaged individuals;

  (VII) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by socially and economically disadvantaged individuals for purposes of the initial contract; and

  (VIII) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by women, or a subset of any such concerns;

  (v) small business concerns owned by an Indian tribe (as such term is defined in section 637(a)(13) of this title) other than an Alaska Native Corporation—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals;

  (V) through unrestricted competition; and

  (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Indian tribe other than an Alaska Native Corporation for purposes of the initial contract;

  (vi) small business concerns owned by a Native Hawaiian Organization—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals;

  (V) through unrestricted competition; and

  (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by a Native Hawaiian Organization for purposes of the initial contract;

  (vii) small business concerns owned by an Alaska Native Corporation—

  (I) in the aggregate;

  (II) through sole source contracts;

  (III) through competitions restricted to small business concerns;

  (IV) through competitions restricted to small business concerns owned and controlled by socially and economically disadvantaged individuals;

  (V) through unrestricted competition; and

  (VI) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned by an Alaska Native Corporation for purposes of the initial contract; and

  (viii) small business concerns owned and controlled by women—

  (I) in the aggregate;

  (II) through competitions restricted to small business concerns;

  (III) through competitions restricted using the authority under section 637(m)(2) of this title;

  (IV) through competitions restricted using the authority under section 637(m)(2) of this title and in which the waiver authority under section 637(m)(3) of this title was used;

  (V) through sole source contracts awarded using the authority under subsection² 637(m)(7) of this title;

  (VI) through sole source contracts awarded using the authority under section 637(m)(8) of this title;

  (VII) by industry for contracts described in subclause (III), (IV), (V), or (VI);

  (VIII) through unrestricted competition;

  (IX) that were purchased by another entity after the initial contract was awarded and as a result of the purchase, would no longer be deemed to be small business concerns owned and controlled by women for purposes of the initial contract; and

  (X) that were awarded using a procurement method that restricted competition to small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, or a subset of any such concerns; and

  (F) for the Federal Government, the number, dollar amount, and distribution with respect to the North American Industry Classification System of subcontracts awarded during such fiscal year to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, provided that such information is publicly available through data systems developed pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282), or otherwise available as provided in paragraph (3).
• 15 U.S.C. § 644(h)(2)(A)

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  (A) a copy of each report submitted to the Administrator under paragraph (1);
• 15 U.S.C. § 644(h)(2)(D)

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  (D) the reasons for any failure to achieve a goal established under paragraph (1) or (2) of subsection (g) for such fiscal year and a description of actions planned by the applicable agency to address such failure, including the Administrator’s comments and recommendations on the proposed remediation plan; and
• 15 U.S.C. § 644(h)(3)(A)(i)

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  (i) To assist in the implementation of this section, the Administrator shall have access to information collected through the Federal Procurement Data System, Federal Subcontracting Reporting System, or any new or successor system.
• 15 U.S.C. § 644(h)(3)(A)(ii)

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  (ii) On the date that the Administrator makes available the report required under paragraph (2), the Administrator of the General Services Administration shall submit to the President and Congress, and shall make available on a public website, a report in the same form and manner, and including the same information, as the report required under paragraph (2). The report shall include all procurements made for the period covered by the report and may not exclude any contract awarded.
• 15 U.S.C. § 644(h)(3)(B)

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  (B) To assist in the implementation of this section, the head of each contracting agency shall provide, upon request of the Administrator, procurement information collected through agency data collection sources in existence at the time of the request. Contracting agencies shall not be required to establish new data collection systems to provide such data.
• 15 U.S.C. § 644(h)(4)(A)

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  (A) In addition to the requirements under paragraph (2) and for each best in class designation, the Administrator shall include in the report required by such paragraph—

  (i) the total amount of spending Governmentwide in such designation; and

  (ii) the number of small business concerns awarded contracts and the dollar amount of such contracts awarded within each such designation to each of the following—

  (I) qualified HUBZone small business concerns;

  (II) small business concerns owned and controlled by women;

  (III) small business concerns owned and controlled by service-disabled veterans; and

  (IV) small business concerns owned and controlled by socially and economically disadvantaged individuals.
• 15 U.S.C. § 644(h)(4)(C)

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  (C) The Administrator shall report on the information described by subparagraph (A) beginning on the date that such information is available in the Federal Procurement Data System, the System for Award Management, or any successor to such systems.
• 15 U.S.C. § 644(k)

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  (k) There is hereby established in each Federal agency having procurement powers an office to be known as the “Office of Small and Disadvantaged Business Utilization”. The management of each such office shall be vested in an officer or employee of such agency, with experience serving in any combination of the following roles: program manager, deputy program manager, or assistant program manager for Federal acquisition program; chief engineer, systems engineer, assistant engineer, or product support manager for Federal acquisition program; Federal contracting officer; small business technical advisor; contracts administrator for Federal Government contracts; attorney specializing in Federal procurement law; small business liaison officer; officer or employee who managed Federal Government contracts for a small business; or individual whose primary responsibilities were for the functions and duties of section 637, 644, 657a, 657f, or 657q of this title. Such officer or employee—

  (1) shall be known as the “Director of Small and Disadvantaged Business Utilization” for such agency;

  (2) shall be appointed by the head of such agency to a position that is a Senior Executive Service position (as such term is defined under section 3132(a) of title 5), except that, for any agency in which the positions of Chief Acquisition Officer and senior procurement executive (as such terms are defined under section 657q(a) of this title) are not Senior Executive Service positions, the Director of Small and Disadvantaged Business Utilization may be appointed to a position compensated at not less than the minimum rate of basic pay payable for grade GS–15 of the General Schedule under section 5332 of title 5 (including comparability payments under section 5304 of title 5);

  (3) shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, the head of such agency or to the deputy of such head, except that the Director for the Office of the Secretary of Defense shall be responsible only to (including with respect to performance appraisals), and report directly and exclusively to, such Secretary or the Secretary’s designee;

  (4) shall be responsible for the implementation and execution of the functions and duties under sections 637, 644, 657a, 657f, and 657q of this title which relate to such agency;

  (5) shall identify proposed solicitations that involve significant bundling of contract requirements, and work with the agency acquisition officials and the Administration to revise the procurement strategies for such proposed solicitations where appropriate to increase the probability of participation by small businesses as prime contractors, or to facilitate small business participation as subcontractors and suppliers, if a solicitation for a bundled contract is to be issued;

  (6) shall assist small business concerns to obtain payments, required late payment interest penalties, or information regarding payments due to such concerns from an executive agency or a contractor, in conformity with chapter 39 of title 31 or any other protection for contractors or subcontractors (including suppliers) that is included in the Federal Acquisition Regulation or any individual agency supplement to such Government-wide regulation,⁴

  (7) shall have supervisory authority over personnel of such agency to the extent that the functions and duties of such personnel relate to functions and duties under sections 637, 644, 657a, 657f, and 657q of this title;

  (8) shall assign a small business technical adviser to each office to which the Administration has assigned a procurement center representative—

  (A) who shall be a full-time employee of the procuring activity and shall be well qualified, technically trained and familiar with the supplies or services purchased at the activity; and

  (B) whose principal duty shall be to assist the Administration procurement center representative in his duties and functions relating to sections 637, 644, 657a, 657f, and 657q of this title,⁴

  (9) shall cooperate, and consult on a regular basis, with the Administration with respect to carrying out the functions and duties described in paragraph (4) of this subsection;

  (10) shall make recommendations to contracting officers as to whether a particular contract requirement should be awarded pursuant to subsection (a) or section 637, 644, 657a, or 657f of this title, and the failure of the contracting officer to accept any such recommendations shall be documented and included within the appropriate contract file;

  (11) shall review and advise such agency on any decision to convert an activity performed by a small business concern to an activity performed by a Federal employee;

  (12) shall provide to the Chief Acquisition Officer and senior procurement executive of such agency advice and comments on acquisition strategies, market research, and justifications related to section 657q of this title;

  (13) may provide training to small business concerns and contract specialists, except that such training may only be provided to the extent that the training does not interfere with the Director carrying out other responsibilities under this subsection;

  (14) shall receive unsolicited proposals and, when appropriate, forward such proposals to personnel of the activity responsible for reviewing such proposals;

  (15) shall carry out exclusively the duties enumerated in this chapter, and shall, while the Director, not hold any other title, position, or responsibility, except as necessary to carry out responsibilities under this subsection;

  (16) shall submit, each fiscal year, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing—

  (A) the training provided by the Director under paragraph (13) in the most recently completed fiscal year;

  (B) the percentage of the budget of the Director used for such training in the most recently completed fiscal year;

  (C) the percentage of the budget of the Director used for travel in the most recently completed fiscal year; and

  (D) any failure of the agency to comply with section 637, 644, 657a, or 657f of this title;

  (17) shall, when notified by a small business concern prior to the award of a contract that the small business concern believes that a solicitation, request for proposal, or request for quotation unduly restricts the ability of the small business concern to compete for the award—

  (A) submit the notice of the small business concern to the contracting officer and, if necessary, recommend ways in which the solicitation, request for proposal, or request for quotation may be altered to increase the opportunity for competition;

  (B) inform the advocate for competition of such agency (as established under section 1705 of title 41 or section 3249 of title 10) of such notice; and

  (C) ensure that the small business concern is aware of other resources and processes available to address unduly restrictive provisions in a solicitation, request for proposal, or request for quotation, even if such resources and processes are provided by such agency, the Administration, the Comptroller General, or a procurement technical assistance program established under chapter 388 of title 10;

  (18) shall review summary data provided by purchase card issuers of purchases made by the agency greater than the micro-purchase threshold (as defined under section 1902 of title 41) and less than the simplified acquisition threshold to ensure that the purchases have been made in compliance with the provisions of this chapter and have been properly recorded in the Federal Procurement Data System, if the method of payment is a purchase card issued by the Department of Defense pursuant to section 4754 of title 10 or by the head of an executive agency pursuant to section 1909 of title 41;

  (19) shall provide assistance to a small business concern awarded a contract or subcontract under this chapter or under title 10 or title 41 in finding resources for education and training on compliance with contracting regulations (including the Federal Acquisition Regulation) after award of such a contract or subcontract;

  (20) shall review all subcontracting plans required by paragraph (4) or (5) of section 637(d) of this title to ensure that the plan provides maximum practicable opportunity for small business concerns to participate in the performance of the contract to which the plan applies;⁵

  (21) shall consult with the appropriate personnel from the relevant Federal agency to assist small business concerns participating in a SBIR or STTR program under section 638 of this title with researching applicable solicitations for the award of a Federal contract (particularly with the Federal agency that has a funding agreement, as defined under section 638 of this title, with the concern) to market the research developed by such concern under such SBIR or STTR program.

  This subsection shall not apply to the Administration.
• 15 U.S.C. § 644(l)(1)

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  (1) The Administrator shall assign to each major procurement center a procurement center representative with such assistance as may be appropriate.
• 15 U.S.C. § 644(l)(2)(K)

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  (K) carry out any other responsibility assigned by the Administrator.
• 15 U.S.C. § 644(l)(3)

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  (3) A procurement center representative is authorized to appeal the failure to act favorably on any recommendation made pursuant to paragraph (2). Such appeal shall be filed and processed in the same manner and subject to the same conditions and limitations as an appeal filed by the Administrator pursuant to subsection (a).
• 15 U.S.C. § 644(l)(5)(B)

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  (B) The Administrator shall establish personnel positions for procurement center representatives assigned under this subsection, which are classified at a grade level of the General Schedule sufficient to attract and retain highly qualified personnel.
• 15 U.S.C. § 644(l)(6)

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  (6) For purposes of this subsection, the term “major procurement center” means a procurement center that, in the opinion of the Administrator, purchases substantial dollar amounts of goods or services, including goods or services that are commercially available.
• 15 U.S.C. § 644(l)(7)(A)

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  (A) At such times as the Administrator deems appropriate, the breakout procurement center representative⁷ shall conduct familiarization sessions for contracting officers and other appropriate personnel of the procurement center to which such representative is assigned. Such sessions shall acquaint the participants with the provisions of this subsection and shall instruct them in methods designed to further the purposes of such subsection.
• 15 U.S.C. § 644(l)(9)

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  (9) The Administrator—

  (A) may not limit the scope of review by the procurement center representative for any solicitation of a contract or task order without regard to whether the contract or task order or part of the contract or task order is set aside for small business concerns, whether 1 or more contracts or task order awards are reserved for small business concerns under a multiple award contract, or whether or not the solicitation would result in a bundled or consolidated contract (as defined in subsection (s)) or a bundled or consolidated task order; and

  (B) shall, unless the contracting agency requests a review, limit the scope of review by the procurement center representative for any solicitation of a contract or task order if such solicitation is awarded by or for the Department of Defense and—

  (i) is conducted pursuant to section 2762 of title 22;

  (ii) is a humanitarian operation as defined in section 401(e) of title 10;

  (iii) is for a contingency operation, as defined in section 101(a)(13) of title 10;

  (iv) is to be awarded pursuant to an agreement with the government of a foreign country in which Armed Forces of the United States are deployed; or

  (v) both the place of award and the place of performance are outside of the United States and its territories.
• 15 U.S.C. § 644(m)

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  (m) All procurement center representatives (including those referred to in subsection (k)(6)), in addition to such other duties as may be assigned by the Administrator, shall increase, insofar as possible, the number and dollar value of procurements that may be used for the programs established under this section and section 637(a) of this title.
• 15 U.S.C. § 644(p)(2)

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  (2) Not later than 180 days after December 21, 2000, the Administrator of the Small Business Administration shall develop and shall thereafter maintain a database containing data and information regarding—

  (A) each bundled contract awarded by a Federal agency; and

  (B) each small business concern that has been displaced as a prime contractor as a result of the award of such a contract.
• 15 U.S.C. § 644(p)(3)

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  (3) For each bundled contract that is to be recompeted as a bundled contract, the Administrator shall determine—

  (A) the amount of savings and benefits (in accordance with subsection (e)) achieved under the bundling of contract requirements; and

  (B) whether such savings and benefits will continue to be realized if the contract remains bundled, and whether such savings and benefits would be greater if the procurement requirements were divided into separate solicitations suitable for award to small business concerns.
• 15 U.S.C. § 644(p)(5)(B)

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  (B) To assist in the implementation of this section, the head of each contracting agency shall provide to the Administrator data and information described in paragraphs (2) and (4).
• 15 U.S.C. § 644(q)(2)(B)

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  (B) Not later than 30 days after the date on which the head of a Federal agency submits data certifications to the Administrator for Federal Procurement Policy, the head of the Federal agency shall publish on the website of the Federal agency a list and rationale for any bundled contract for which the Federal agency solicited bids or that was awarded by the Federal agency.
• 15 U.S.C. § 644(q)(3)

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  (3) Not later than 90 days after September 27, 2010, and every 3 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding procurement center representatives and commercial market representatives, which shall—

  (A) identify each area for which the Administration has assigned a procurement center representative or a commercial market representative;

  (B) explain why the Administration selected the areas identified under subparagraph (A); and

  (C) describe the activities performed by procurement center representatives and commercial market representatives.
• 15 U.S.C. § 644(r)

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  (r) Not later than 1 year after September 27, 2010, the Administrator for Federal Procurement Policy and the Administrator, in consultation with the Administrator of General Services, shall, by regulation, establish guidance under which Federal agencies may, at their discretion—

  (1) set aside part or parts of a multiple award contract for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2);

  (2) notwithstanding the fair opportunity requirements under section 3406(c) of title 10 and section 4106(c) of title 41, set aside orders placed against multiple award contracts for small business concerns, including the subcategories of small business concerns identified in subsection (g)(2); and

  (3) reserve 1 or more contract awards for small business concerns under full and open multiple award procurements, including the subcategories of small business concerns identified in subsection (g)(2).
• 15 U.S.C. § 644(s)(1)

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  (1) Not later than October 1, 2015, the Administrator of the Small Business Administration, in consultation with the Small Business Procurement Advisory Council, the Administrator for Federal Procurement Policy, and the Administrator of General Services, shall develop a plan to improve the quality of data reported on bundled or consolidated contracts in the Federal procurement data system (described in section 1122(a)(4)(A) of title 41).
• 15 U.S.C. § 644(s)(2)(A)

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  (A) describe the roles and responsibilities of the Administrator of the Small Business Administration, each Director of Small and Disadvantaged Business Utilization, the Administrator for Federal Procurement Policy, the Administrator of General Services, senior procurement executives, and Chief Acquisition Officers in—

  (i) improving the quality of data reported on bundled or consolidated contracts in the Federal procurement data system; and

  (ii) contributing to the annual report required by subsection (p)(4);
• 15 U.S.C. § 644(s)(3)

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  (3) The Administrator of the Small Business Administration shall submit the plan to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate not later than December 1, 2016.
• 15 U.S.C. § 644(s)(4)

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  (4) Not later than October 1, 2016, the Administrator of the Small Business Administration shall implement the plan described in this subsection.
• 15 U.S.C. § 644(s)(5)

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  (5) The Administrator shall annually provide to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a certification of the accuracy and completeness of data reported on bundled and consolidated contracts.
• 15 U.S.C. § 644(u)

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  (u) The Administrator shall provide to small business development centers and entities participating in the Procurement Technical Assistance Cooperative Agreement Program under chapter 388 of title 10 and shall make available on the website of the Administration, a list of resources for small business concerns seeking education and assistance on compliance with contracting regulations (including the Federal Acquisition Regulation) after award of a contract or subcontract.
• 15 U.S.C. § 644(v)

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  (v) Not less than annually, the Administrator shall provide to the Defense Acquisition University (established under section 1746 of title 10), the Federal Acquisition Institute (established under section 1201 of title 41), the individual responsible for mandatory training and education of the acquisition workforce of each agency (described under section 1703(f)(1)(C) of title 41), small business development centers, and entities participating in the Procurement Technical Assistance Cooperative Agreement Program under chapter 388 of title 10—

  (1) a list of all changes made in the prior year to regulations promulgated—

  (A) by the Administrator that affect Federal acquisition; and

  (B) by the Federal Acquisition Council that implement amendments to this chapter; and

  (2) any materials the Administrator has developed that explain, train, or assist Federal agencies or departments or small business concerns with compliance with the regulations described in paragraph (1).
• 15 U.S.C. § 644(v)(1)(A)

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  (A) by the Administrator that affect Federal acquisition; and
• 15 U.S.C. § 644(v)(2)

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  (2) any materials the Administrator has developed that explain, train, or assist Federal agencies or departments or small business concerns with compliance with the regulations described in paragraph (1).
• 15 U.S.C. § 644(x)(2)

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  (2) Along with the report required under subsection (h)(1), the head of each Federal agency shall submit to the Administrator, and make publicly available on the scorecard (as defined in subsection (y)), an analysis of the number and dollar amount of prime contracts awarded pursuant to paragraph (1) for each fiscal year of the period described in such paragraph.
• 15 U.S.C. § 644(y)(1)

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  (1) The Administrator shall use a scorecard to annually evaluate whether each Federal agency is creating the maximum practicable opportunities for the award of prime contracts and subcontracts to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women, by assigning a score to each Federal agency for the previous fiscal year.
• 15 U.S.C. § 644(y)(2)(E)

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  (E) Any other factors that the Administrator deems important to achieve the maximum practicable utilization of small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.
• 15 U.S.C. § 644(y)(3)

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  (3) In using the scorecard to evaluate and assign a score to a Federal agency, the Administrator shall base—

  (A) fifty percent of the score on the dollar value of prime contracts described in paragraph (2)(A); and

  (B) fifty percent of the score on the information provided in subparagraphs (B) through (E) of paragraph (2), weighted in a manner determined by the Administrator to encourage the maximum practicable opportunity for the award of prime contracts and subcontracts to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.
• 15 U.S.C. § 644(y)(3)(B)

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  (B) fifty percent of the score on the information provided in subparagraphs (B) through (E) of paragraph (2), weighted in a manner determined by the Administrator to encourage the maximum practicable opportunity for the award of prime contracts and subcontracts to small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women.
• 15 U.S.C. § 644(y)(5)

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  (5) The scorecard used by the Administrator under this subsection shall be submitted to the President and Congress along with the report submitted under subsection (h)(2).
• 15 U.S.C. § 644a(c)(1)

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  (1) The Administrator of the Small Business Administration (or the designee of the Administrator).
• 15 U.S.C. § 644a(d)

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  (d) The Council shall be chaired by the Administrator of the Small Business Administration (or the designee of the Administrator).
• 15 U.S.C. § 645(d)(3)

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  (3) This subsection shall not apply to any conduct in violation of subsection (a) if the defendant acted in good faith reliance on a written advisory opinion from a Small Business Development Center (as defined in this chapter), or an entity participating in the Procurement Technical Assistance Cooperative Agreement Program defined in chapter 388 of title 10; however nothing in this chapter shall obligate either entity to provide such a letter nor shall the provision of such a letter in any way render the providing entity liable to the business concern should the Administrator later determine that the concern is not a small business concern. Upon issuance of an advisory opinion under this paragraph, the entity issuing the advisory opinion shall remit a copy of the opinion to the General Counsel of the Administration, who may reject the advisory opinion. If the General Counsel of the Administration rejects the advisory opinion, the Administration shall notify the entity issuing the advisory opinion and the recipient of the opinion, after which time the business concern may not rely upon the opinion.
• 15 U.S.C. § 645(g)(2)

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  (2) Not later than 1 year after January 2, 2013, the Administrator shall take such actions as are necessary to ensure that an existing Federal subcontracting reporting system is modified to notify the Administrator, the appropriate Director of the Office of Small and Disadvantaged Business Utilization, and the appropriate contracting officer if a requirement established under section 657s of this title is violated.
• 15 U.S.C. § 645a(a)

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  (a) The Administrator of the Small Business Administration shall submit each year to the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report on the suspension and debarment actions taken by the Administrator during the year preceding the year of submission of the report.
• 15 U.S.C. § 645a(b)(5)

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  (5) The number of suspensions or debarments referred to the Inspector General of the Small Business Administration or another agency, or to the Attorney General (for purposes of this paragraph, the Administrator may redact identifying information on names of companies or other information in order to protect the integrity of any ongoing criminal or civil investigation).
• 15 U.S.C. § 648(a)(5)(B)

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  (B) Before bidding on a contract described in subparagraph (A), a small business development center shall receive approval from the Associate Administrator of the small business development center program of the subject and general scope of the contract. Each approval under subparagraph (A) shall be based upon a determination that the contract will provide assistance to small business concerns and that performance of the contract will not hinder the small business development center in carrying out the terms of the grant received by the small business development center from the Administration.
• 15 U.S.C. § 648(a)(7)(A)(i)

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  (i) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or
• 15 U.S.C. § 648(a)(7)(A)(ii)

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  (ii) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a small business development center, but a disclosure under this clause shall be limited to the information necessary for such audit.
• 15 U.S.C. § 648(a)(7)(B)(i)

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  (i) restrict Administrator access to program activity data; or
• 15 U.S.C. § 648(a)(7)(B)(ii)

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  (ii) prevent the Administrator from using client information to conduct client surveys.
• 15 U.S.C. § 648(a)(7)(C)(i)

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  (i) The Administrator shall issue regulations to establish standards—

  (I) for disclosures with respect to financial audits under subparagraph (A)(ii); and

  (II) for client surveys under subparagraph (B)(ii), including standards for oversight of such surveys and for dissemination and use of client information.
• 15 U.S.C. § 648(b)(3)(B)(i)

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  (i) At the discretion of the Administrator, the Administrator may authorize a small business development center to provide advice, information, and assistance, as described in subsection (c), to a small business concern located outside of the State, without regard to geographic proximity to the small business development center, if the small business concern is located in an area for which the President has declared a major disaster.
• 15 U.S.C. § 648(b)(3)(B)(ii)(II)

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  (II) The Administrator may, at the discretion of the Administrator, extend the period described in subclause (I).
• 15 U.S.C. § 648(b)(3)(B)(iv)

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  (iv) For purposes of this subparagraph, the Administrator shall, to the maximum extent practicable, permit the personnel of a small business development center to use any site or facility designated by the Administrator for use to provide disaster recovery assistance.
• 15 U.S.C. § 648(c)(8)

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  (8) The Associate Administrator for Small Business Development Centers, in consultation with the Small Business Development Centers, shall develop and implement an information sharing system. Subject to amounts approved in advance in appropriations Acts, the Administration may make grants or enter⁶ cooperative agreements with one or more centers to carry out the provisions of this paragraph. Said grants or cooperative agreements shall be awarded for periods of no more than five years duration. The matching funds provisions of subsection (a) shall not be applicable to grants or cooperative agreements under this paragraph. The system shall—

  (A) allow Small Business Development Centers participating in the program to exchange information about their programs; and

  (B) provide information central to technology transfer.
• 15 U.S.C. § 648(h)(1)

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  (1) The Administrator shall appoint an Associate Administrator for Small Business Development Centers who shall report to an official who is not more than one level below the Office of the Administrator and who shall serve without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to chapter 51, and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but at a rate not less than the rate of GS–17 of the General Schedule.
• 15 U.S.C. § 648(h)(2)(A)

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  (A) The sole responsibility of the Associate Administrator for Small Business Development Centers shall be to administer the small business development center program. Duties of the position shall include recommending the annual program budget, reviewing the annual budgets submitted by each applicant, establishing appropriate funding levels therefore,⁷ selecting applicants to participate in this program, implementing the provisions of this section, maintaining a clearinghouse to provide for the dissemination and exchange of information between small business development centers and conducting audits of recipients of grants under this section.
• 15 U.S.C. § 648(h)(2)(B)

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  (B) In carrying out the duties described in this subsection, the Associate Administrator shall confer with and seek the advice of the Board established by subsection (i) and Administration officials in areas served by the small business development centers; however, the Associate Administrator shall be responsible for the management and administration of the program and shall not be subject to the approval or concurrence of such Administration officials.
• 15 U.S.C. § 648(i)(1)

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  (1) There is established a National Small Business Development Center Advisory Board (herein referred to as “Board”) which shall consist of nine members appointed from civilian life by the Administrator and who shall be persons of outstanding qualifications known to be familiar and sympathetic with small business needs and problems. No more than three members shall be from universities or their affiliates and six shall be from small businesses or associations representing small businesses. At the time of the appointment of the Board, the Administrator shall designate one-third of the members and at least one from each category whose term shall end in two years from the date of appointment, a second third whose term shall end in three years from the date of appointment, and the final third whose term shall end in four years from the date of appointment. Succeeding Boards shall have three-year terms, with one-third of the Board changing each year.
• 15 U.S.C. § 648(i)(2)

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  (2) The Board shall elect a Chairman and advise, counsel, and confer with the Associate Administrator for Small Business Development Centers in carrying out the duties described in this section. The Board shall meet at least semiannually and at the call of the Chairman of the Board. Each member of the Board shall be entitled to be compensated at the rate not in excess of the per diem, equivalent of the highest rate of pay for individuals occupying the position under GS–18 of the General Schedule for each day engaged in activities of the Board and shall be entitled to be reimbursed for expenses as a member of the Board.
• 15 U.S.C. § 648(k)(3)(B)

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  (B) After September 30, 2000, the Administration may not renew or extend any cooperative agreement with a small business development center unless the center has been approved under the accreditation program conducted pursuant to this subsection, except that the Associate Administrator for Small Business Development Centers may waive such accreditation requirement, in the discretion of the Associate Administrator, upon a showing that the center is making a good faith effort to obtain accreditation.
• 15 U.S.C. § 648(o)(1)(B)

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  (B) the term “lead small business development center” means a small business development center that receives reimbursement from the Administrator under paragraph (5).
• 15 U.S.C. § 648(o)(2)

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  (2) The Administrator shall establish a cyber counseling certification program, or designate 1 or more substantially similar governmental or private cybersecurity certification programs, to certify the employees of lead small business development centers in providing cyber planning assistance to small business concerns.
• 15 U.S.C. § 648(o)(3)

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  (3) The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing cyber planning assistance is not less than the lesser of—

  (A) 5; or

  (B) 10 percent of the total number of employees of the lead small business development center.
• 15 U.S.C. § 648(o)(4)

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  (4) In carrying out paragraph (2), the Administrator, to the extent practicable, shall consider any cyber strategy methods included in the Small Business Development Center Cyber Strategy developed under section 1841(a)(3)(B) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2662).
• 15 U.S.C. § 648(o)(5)(A)

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  (A) Subject to the availability of appropriations, the Administrator may reimburse each lead small business development center for costs relating to the certification of 1 or more employees of the lead small business center in providing cyber planning assistance under a program established or designated under paragraph (2).
• 15 U.S.C. § 648(o)(5)(B)

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  (B) The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.
• 15 U.S.C. § 648b(a)

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  (a) The Administrator may make grants to small business development centers under section 648 of this title to provide targeted technical assistance to small business concerns seeking access to capital or credit, Federal procurement opportunities, energy efficiency audits to reduce energy bills, opportunities to export products or provide services to foreign customers, adopting, making innovations in, and using broadband technologies, or other assistance.
• 15 U.S.C. § 648b(b)(3)

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  (3) Of the total amount of the grants awarded by the Administrator under this section—

  (A) not less than 80 percent shall be used for counseling of small business concerns; and

  (B) not more than 20 percent may be used for classes or seminars.
• 15 U.S.C. § 648b(d)

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  (d) Not later than 30 days after the date on which amounts are appropriated to carry out this section, the Administrator shall disburse the total amount appropriated.
• 15 U.S.C. § 648b(e)

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  (e) There is authorized to be appropriated to the Administrator $50,000,000 to carry out this section.
• 15 U.S.C. § 648c(a)

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  (a) Beginning not later than 180 days after October 9, 2018, the Administrator, in consultation with the Director, shall develop partnership agreements that—

  (1) provide for the—

  (A) development of high-quality training, including in-person or modular training sessions, for small business concerns relating to domestic and international protection of intellectual property;

  (B) leveraging of training materials already developed for the education of inventors and small business concerns; and

  (C) participation of a nongovernmental organization; and

  (2) provide training—

  (A) through electronic resources, including Internet-based webinars; and

  (B) at physical locations, including—

  (i) a small business development center; and

  (ii) the headquarters or a regional office of the USPTO.
• 15 U.S.C. § 649(a)(2)

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  (2) The head of the Office shall be the Associate Administrator for International Trade, who shall be responsible to the Administrator.
• 15 U.S.C. § 649(b)

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  (b) The Associate Administrator, working in close cooperation with the Secretary of Commerce, the United States Trade Representative, the Secretary of Agriculture, the Secretary of State, the President of the Export-Import Bank of the United States, the Board of Directors of the United States International Development Finance Corporation, the Director of the United States Trade and Development Agency, and other relevant Federal agencies, small business development centers engaged in export promotion efforts, Export Assistance Centers, regional and district offices of the Administration, the small business community, and relevant State and local export promotion programs, shall—

  (1) maintain a distribution network, using regional and district offices of the Administration, the small business development center network, networks of women’s business centers, the Service Corps of Retired Executives authorized by section 637(b)(1) of this title, and Export Assistance Centers, for programs relating to—

  (A) trade promotion;

  (B) trade finance;

  (C) trade adjustment assistance;

  (D) trade remedy assistance; and

  (E) trade data collection;

  (2) aggressively market the programs described in paragraph (1) and disseminate information, including computerized marketing data, to small business concerns on exporting trends, market-specific growth, industry trends, and international prospects for exports;

  (3) promote export assistance programs through the district and regional offices of the Administration, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives, State and local export promotion programs, and partners in the private sector; and

  (4) give preference in hiring or approving the transfer of any employee into the Office or to a position described in subsection (c)(9) to otherwise qualified applicants who are fluent in a language in addition to English, to—

  (A) accompany small business concerns on foreign trade missions; and

  (B) translate documents, interpret conversations, and facilitate multilingual transactions, including by providing referral lists for translation services, if required.
• 15 U.S.C. § 649(c)

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  (c) The Associate Administrator shall promote sales opportunities for small business goods and services abroad. To accomplish this objective the office shall—

  (1) establish annual goals for the Office relating to—

  (A) enhancing the exporting capability of small business concerns and small manufacturers;

  (B) facilitating technology transfers;

  (C) enhancing programs and services to assist small business concerns and small manufacturers to compete effectively and efficiently in foreign markets;

  (D) increasing the ability of small business concerns to access capital; and

  (E) disseminating information concerning Federal, State, and private programs and initiatives;

  (2) in cooperation with the Department of Commerce, other relevant agencies, regional and local Administration offices, the Small Business Development Center network, and State programs, develop a mechanism for—

  (A) identifying subsectors of the small business community with strong export potential;

  (B) identifying areas of demand in foreign markets;

  (C) prescreening foreign buyers for commercial and credit purposes; and

  (D) assisting in increasing international marketing by disseminating relevant information regarding market leads, linking potential sellers and buyers, and catalyzing the formation of joint ventures, where appropriate;

  (3) in cooperation with the Department of Commerce, actively assist small business concerns in forming and using export trading companies, export management companies and research and development pools authorized under section 638 of this title;

  (4) work in conjunction with other Federal agencies, regional and district offices of the Administration, the small business development center network, and the private sector to identify and publicize translation services, including those available through colleges and universities participating in the small business development center program;

  (5) work closely with the Department of Commerce and other relevant Federal agencies to—

  (A) collect, analyze and periodically update relevant data regarding the small business share of United States exports and the nature of State exports (including the production of Gross State Product figures) and disseminate that data to the public and to Congress;

  (B) make recommendations to the Secretary of Commerce and to Congress regarding revision of the North American Industry Classification System codes to encompass industries currently overlooked and to create North American Industry Classification System codes for export trading companies and export management companies;

  (C) improve the utility and accessibility of existing export promotion programs for small business concerns; and

  (D) increase the accessibility of the Export Trading Company contact facilitation service;

  (6) make available to the small business community information regarding conferences on exporting and international trade sponsored by the public and private sector;

  (7) provide small business concerns with access to up to date and complete export information by—

  (A) making available, at the regional and district offices of the Administration through cooperation with the Department of Commerce, export information, including, but not limited to, the worldwide information and trade system and world trade data reports;

  (B) maintaining a list of financial institutions that finance export operations;

  (C) maintaining a directory of all Federal, regional, State and private sector programs that provide export information and assistance to small business concerns; and

  (D) preparing and publishing such reports as it determines to be necessary concerning market conditions, sources of financing, export promotion programs, and other information pertaining to the needs of small business exporting firms so as to insure that the maximum information is made available to small business concerns in a readily usable form;

  (8) encourage through cooperation with the Department of Commerce, greater small business participation in trade fairs, shows, missions, and other domestic and overseas export development activities of the Department of Commerce;

  (9) facilitate decentralized delivery of export information and assistance to small business concerns by assigning primary responsibility for export development to one individual in each district office and providing each Administration regional office with a full-time export development specialist, who shall—

  (A) assist small business concerns in obtaining export information and assistance from other Federal departments and agencies;

  (B) maintain a directory of all programs which provide export information and assistance to small business concerns in the region;

  (C) encourage financial institutions to develop and expand programs for export financing;

  (D) provide advice to personnel of the Administration involved in making loans, loan guarantees, and extensions and revolving lines of credit, and providing other forms of assistance to small business concerns engaged in exports;

  (E) within one hundred and eighty days of their appointment, participate in training programs designed by the Administrator, in conjunction with the Department of Commerce and other Federal departments and agencies, to study export programs and to examine the needs of small business concerns for export information and assistance;

  (F) participate, jointly with employees of the Office, in an annual training program that focuses on current small business needs for exporting; and

  (G) develop and conduct training programs for exporters and lenders, in cooperation with the Export Assistance Centers, the Department of Commerce, the Department of Agriculture, small business development centers, women’s business centers, the Export-Import Bank of the United States, the United States International Development Finance Corporation, and other relevant Federal agencies;

  (10) make available on the website of the Administration the name and contact information of each individual described in paragraph (9);

  (11) carry out a nationwide marketing effort using technology, online resources, training, and other strategies to promote exporting as a business development opportunity for small business concerns;

  (12) disseminate information to the small business community through regional and district offices of the Administration, the small business development center network, Export Assistance Centers, the network of women’s business centers, chapters of the Service Corps of Retired Executives authorized by section 637(b)(1) of this title, State and local export promotion programs, and partners in the private sector regarding exporting trends, market-specific growth, industry trends, and prospects for exporting; and

  (13) establish and carry out training programs for the staff of the regional and district offices of the Administration and resource partners of the Administration on export promotion and providing assistance relating to exports.
• 15 U.S.C. § 649(c)(9)(E)

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  (E) within one hundred and eighty days of their appointment, participate in training programs designed by the Administrator, in conjunction with the Department of Commerce and other Federal departments and agencies, to study export programs and to examine the needs of small business concerns for export information and assistance;
• 15 U.S.C. § 649(d)(1)

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  (1) The Associate Administrator shall work in cooperation with the Export-Import Bank of the United States, the Department of Commerce, other relevant Federal agencies, and the States to develop a program through which export specialists in the regional offices of the Administration, regional and local loan officers, and Small Business Development Center personnel can facilitate the access of small businesses to relevant export financing programs of the Export-Import Bank of the United States and to export and pre-export financing programs available from the Administration and the private sector.
• 15 U.S.C. § 649(d)(2)

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  (2) To accomplish the goal established under paragraph (1), the Associate Administrator shall—

  (A) designate at least 1 individual within the Administration as a trade finance specialist to oversee international loan programs and assist Administration employees with trade finance issues; and

  (B) work in cooperation with the Export-Import Bank and the small business community, including small business trade associations, to—

  (i) aggressively market existing Administration export financing and pre-export financing programs;

  (ii) identify financing available under various Export-Import Bank programs, and aggressively market those programs to small businesses;

  (iii) assist in the development of financial intermediaries and facilitate the access of those intermediaries to existing financing programs;

  (iv) promote greater participation by private financial institutions, particularly those institutions already participating in loan programs under this chapter, in export finance; and

  (v) provide for the participation of appropriate Administration personnel in training programs conducted by the Export-Import Bank.
• 15 U.S.C. § 649(e)

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  (e) The Associate Administrator shall—

  (1) work in cooperation with other Federal agencies and the private sector to counsel small businesses with respect to initiating and participating in any proceedings relating to the administration of the United States trade laws; and

  (2) work with the Department of Commerce, the Office of the United States Trade Representative, and the International Trade Commission to increase access to trade remedy proceedings for small businesses.
• 15 U.S.C. § 649(f)

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  (f) The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that contains—

  (1) a description of the progress of the Office in implementing the requirements of this section;

  (2) a detailed account of the results of export growth activities of the Administration, including the activities of each district and regional office of the Administration, based on the performance measures described in subsection (i);¹

  (3) an estimate of the total number of jobs created or retained as a result of export assistance provided by the Administration and resource partners of the Administration;

  (4) for any travel by the staff of the Office, the destination of such travel and the benefits to the Administration and to small business concerns resulting from such travel; and

  (5) a description of the participation by the Office in trade negotiations.
• 15 U.S.C. § 649(g)

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  (g) The Associate Administrator, in cooperation, where appropriate, with the Division of Economic Research of the Office of Advocacy, and with other Federal agencies, shall undertake studies regarding the following issues and shall report to the Committees on Small Business of the House of Representatives and the Senate, and to other relevant Committees of the House and Senate within 6 months after August 23, 1988, with specific recommendations on—

  (1) the viability and cost of establishing an annual, competitive small business export incentive program similar to the Small Business Innovation Research program and alternative methods of structuring such a program;

  (2) methods of streamlining trade remedy proceedings to increase access for, and reduce expenses incurred by, smaller firms;

  (3) methods of improving the current small business foreign sales corporation tax incentives and providing small businesses with greater benefits from this initiative;

  (4) methods of identifying potential export markets for United States small businesses; maintaining and disseminating current foreign market data; and devising a comprehensive export marketing strategy for United States small business goods and services, and shall include data on the volume and dollar amount of goods and services, identified by type, imported by United States trading partners over the past 10 years; and

  (5) the results of a survey of major United States trading partners to identify the domestic policies, programs and incentives, and the private sector initiatives, which exist to encourage the formation and growth of small business.
• 15 U.S.C. § 649(h)

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  (h) The Administrator shall ensure that—

  (1) the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator;

  (2) the Associate Administrator has sufficient resources to carry out such responsibilities; and

  (3) the Associate Administrator has direct supervision and control over—

  (A) the staff of the Office; and

  (B) any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.
• 15 U.S.C. § 649(h)(1)

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  (1) the responsibilities of the Administration regarding international trade are carried out by the Associate Administrator;
• 15 U.S.C. § 649(h)(2)

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  (2) the Associate Administrator has sufficient resources to carry out such responsibilities; and
• 15 U.S.C. § 649(h)(3)

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  (3) the Associate Administrator has direct supervision and control over—

  (A) the staff of the Office; and

  (B) any employee of the Administration whose principal duty station is an Export Assistance Center, or any successor entity.
• 15 U.S.C. § 649(i)(2)

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  (2) The Administrator shall establish an export and trade counseling certification program to certify employees of lead small business development centers and lead women’s business centers in providing export assistance to small business concerns.
• 15 U.S.C. § 649(i)(3)

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  (3) The Administrator shall ensure that the number of employees of each lead small business development center who are certified in providing export assistance is not less than the lesser of—

  (A) 5; or

  (B) 10 percent of the total number of employees of the lead small business development center.
• 15 U.S.C. § 649(i)(4)(A)

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  (A) Subject to the availability of appropriations, the Administrator shall reimburse a lead small business development center or a lead women’s business center for costs relating to the certification of an employee of the lead small business center or lead women’s business center in providing export assistance under the program established under paragraph (2).
• 15 U.S.C. § 649(i)(4)(B)

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  (B) The total amount reimbursed by the Administrator under subparagraph (A) may not exceed $350,000 in any fiscal year.
• 15 U.S.C. § 649(j)(1)

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  (1) The Associate Administrator shall develop performance measures for the Administration to support export growth goals for the activities of the Office under this section that include—

  (A) the number of small business concerns that—

  (i) receive assistance from the Administration;

  (ii) had not exported goods or services before receiving the assistance described in clause (i); and

  (iii) export goods or services;

  (B) the number of small business concerns receiving assistance from the Administration that export goods or services to a market outside the United States into which the small business concern did not export before receiving the assistance;

  (C) export revenues by small business concerns assisted by programs of the Administration;

  (D) the number of small business concerns referred to an Export Assistance Center or a small business development center by the staff of the Office;

  (E) the number of small business concerns referred to the Administration by an Export Assistance Center or a small business development center; and

  (F) the number of small business concerns referred to the Department of Commerce, the Department of Agriculture, the Department of State, the Export-Import Bank of the United States, the United States International Development Finance Corporation, or the United States Trade and Development Agency by the staff of the Office, an Export Assistance Center, or a small business development center.
• 15 U.S.C. § 649(j)(2)

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  (2) The Associate Administrator shall develop joint performance measures for the district offices of the Administration and the Export Assistance Centers that include the number of export loans made under—

  (A) section 636(a)(16) of this title;

  (B) the Export Working Capital Program established under section 636(a)(14) of this title;

  (C) the Preferred Lenders Program, as defined in section 636(a)(2)(C)(ii) of this title; and

  (D) the export express program established under section 636(a)(34) of this title.
• 15 U.S.C. § 649(j)(3)

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  (3) The Associate Administrator, in coordination with the departments and agencies that are represented on the Trade Promotion Coordinating Committee established under section 4727 of this title and the small business development center network, shall develop a system to track exports by small business concerns, including information relating to the performance measures developed under paragraph (1), that is consistent with systems used by the departments and agencies and the network.
• 15 U.S.C. § 649(k)(1)(A)

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  (A) On and after the date that is 90 days after September 27, 2010, the Administrator, in coordination with the Secretary of Commerce, shall ensure that the number of export finance specialists is not less than the number of such employees so assigned on January 1, 2003.
• 15 U.S.C. § 649(k)(1)(B)

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  (B) On and after the date that is 2 years after September 27, 2010, the Administrator, in coordination with the Secretary of Commerce, shall ensure that there are not fewer than 3 export finance specialists in each region of the Administration.
• 15 U.S.C. § 649(k)(2)(A)

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  (A) The Administrator shall give priority, to the maximum extent practicable, to placing employees of the Administration at any Export Assistance Center that—

  (i) had an Administration employee assigned to the Export Assistance Center before January 2003; and

  (ii) has not had an Administration employee assigned to the Export Assistance Center during the period beginning January 2003, and ending on September 27, 2010, either through retirement or reassignment.
• 15 U.S.C. § 649(k)(2)(B)

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  (B) The Administrator shall, to the maximum extent practicable, strategically assign Administration employees to Export Assistance Centers, based on the needs of exporters.
• 15 U.S.C. § 649(k)(2)(C)

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  (C) Nothing in this subsection may be construed to require the Administrator to reassign or remove an export finance specialist who is assigned to an Export Assistance Center on September 27, 2010.
• 15 U.S.C. § 649(k)(3)

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  (3) The Associate Administrator shall work with the Department of Commerce, the Export-Import Bank of the United States, and the United States International Development Finance Corporation to establish shared annual goals for the Export Assistance Centers.
• 15 U.S.C. § 649(k)(4)

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  (4) The Associate Administrator shall designate an individual within the Administration to oversee all activities conducted by Administration employees assigned to Export Assistance Centers.
• 15 U.S.C. § 649(l)(2)

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  (2) The Associate Administrator shall establish a trade expansion program, to be known as the “State Trade Expansion Program”, to make grants to States to carry out programs that assist eligible small business concerns in—

  (A) participation in foreign trade missions;

  (B) a subscription to services provided by the Department of Commerce;

  (C) the payment of website fees;

  (D) the design of marketing media;

  (E) a trade show exhibition;

  (F) participation in training workshops;

  (G) a reverse trade mission;

  (H) procurement of consultancy services (after consultation with the Department of Commerce to avoid duplication); or

  (I) any other initiative determined appropriate by the Associate Administrator.
• 15 U.S.C. § 649(l)(2)(I)

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  (I) any other initiative determined appropriate by the Associate Administrator.
• 15 U.S.C. § 649(l)(3)(A)

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  (A) In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State exploring significant new trade opportunities.
• 15 U.S.C. § 649(l)(3)(B)

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  (B) In making grants under this subsection, the Associate Administrator may give priority to an application by a State that proposes a program that—

  (i) focuses on eligible small business concerns as part of a trade expansion program;

  (ii) demonstrates intent to promote trade expansion by—

  (I) socially and economically disadvantaged small business concerns;

  (II) small business concerns owned or controlled by women; and

  (III) rural small business concerns;

  (iii) promotes trade facilitation from a State that is not 1 of the 10 States with the highest percentage of eligible small business concerns that are engaged in international trade, based upon the most recent data from the Department of Commerce; and

  (iv) includes—

  (I) activities which have resulted in the highest return on investment based on the most recent year; and

  (II) the adoption of shared best practices included in the annual report of the Administration.
• 15 U.S.C. § 649(l)(3)(C)(iii)

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  (iii) The Associate Administrator shall award a grant under this program for a period of not more than 2 years.
• 15 U.S.C. § 649(l)(3)(D)(i)

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  (i) A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish.
• 15 U.S.C. § 649(l)(4)

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  (4) The Associate Administrator shall award grants under the program on a competitive basis.
• 15 U.S.C. § 649(l)(5)(A)

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  (A) for a State that has a high trade volume, as determined by the Associate Administrator, not more than 65 percent; and
• 15 U.S.C. § 649(l)(5)(B)

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  (B) for a State that does not have a high trade volume, as determined by the Associate Administrator, not more than 75 percent.
• 15 U.S.C. § 649(l)(7)(A)

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  (A) Not later than 120 days after February 24, 2016, the Associate Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report, which shall include—

  (i) a description of the structure of and procedures for the program;

  (ii) a management plan for the program; and

  (iii) a description of the merit-based review process to be used in the program.
• 15 U.S.C. § 649(l)(7)(B)(i)

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  (i) The Associate Administrator shall publish on the website of the Administration an annual report regarding the program, which shall include—

  (I) the number and amount of grants made under the program during the preceding year;

  (II) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with each grant;

  (III) the effect of each grant on the eligible small business concerns in the State receiving the grant;

  (IV) the total return on investment for each State; and

  (V) a description of best practices by States that showed high returns on investment and significant progress in helping more eligible small business concerns.
• 15 U.S.C. § 649(l)(7)(B)(ii)

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  (ii) On the date on which the Associate Administrator publishes a report under clause (i), the Associate Administrator shall notify the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that the report has been published.
• 15 U.S.C. § 649(m)(1)

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  (1) the term “Associate Administrator” means the Associate Administrator for International Trade described in subsection (a)(2);
• 15 U.S.C. § 650(a)

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  (a) The Administrator is authorized—

  (1) to supervise the safety and soundness of small business lending companies and non-Federally regulated lenders;

  (2) with respect to small business lending companies to set capital standards to regulate, to examine, and to enforce laws governing such companies, in accordance with the purposes of this chapter; and

  (3) with respect to non-Federally regulated lenders to regulate, to examine, and to enforce laws governing the lending activities of such lenders under section 636(a) of this title in accordance with the purposes of this chapter.
• 15 U.S.C. § 650(b)(1)

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  (1) If the Administrator determines that a small business lending company is being operated in an imprudent manner, the Administrator may, in addition to any other action authorized by law, issue a directive to such company to increase capital to such level as the Administrator determines will result in the safe and sound operation of such company.
• 15 U.S.C. § 650(b)(2)

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  (2) The Administrator may not delegate the authority granted under paragraph (1) except to an Associate Deputy Administrator.
• 15 U.S.C. § 650(b)(3)

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  (3) The Administrator shall issue regulations outlining the conditions under which the Administrator may determine the level of capital pursuant to paragraph (1).
• 15 U.S.C. § 650(c)

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  (c) If a small business lending company violates this chapter, the Administrator may institute a civil action in an appropriate district court to terminate the rights, privileges, and franchises of the company under this chapter.
• 15 U.S.C. § 650(d)(1)

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  (1) The Administrator may revoke or suspend the authority of a small business lending company or a non-Federally regulated lender to make, service or liquidate business loans authorized by section 636(a) of this title—

  (A) for false statements knowingly made in any written submission required under this chapter;

  (B) for omission of a material fact from any written submission required under this chapter;

  (C) for willful or repeated violation of this chapter;

  (D) for willful or repeated violation of any condition imposed by the Administrator with respect to any application, request, or agreement under this chapter; or

  (E) for violation of any cease and desist order of the Administrator under this section.
• 15 U.S.C. § 650(d)(1)(D)

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  (D) for willful or repeated violation of any condition imposed by the Administrator with respect to any application, request, or agreement under this chapter; or
• 15 U.S.C. § 650(d)(1)(E)

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  (E) for violation of any cease and desist order of the Administrator under this section.
• 15 U.S.C. § 650(d)(2)

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  (2) The Administrator may revoke or suspend authority under paragraph (1) only after a hearing under subsection (f). The Administrator may delegate power to revoke or suspend authority under paragraph (1) only to the Deputy Administrator and only if the Administrator is unavailable to take such action.

  (A) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position of the United States, may issue a suspension order without conducting a hearing pursuant to subsection (f). If the Administrator issues a suspension under the preceding sentence, the Administrator shall within two business days follow the procedures set forth in subsection (f).

  (B) Any suspension under paragraph (1) shall remain in effect until the Administrator makes a decision pursuant to subparagraph (4) to permanently revoke the authority of the small business lending company or non-Federally regulated lender, suspend the authority for a time certain, or terminate the suspension.
• 15 U.S.C. § 650(d)(2)(A)

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  (A) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position of the United States, may issue a suspension order without conducting a hearing pursuant to subsection (f). If the Administrator issues a suspension under the preceding sentence, the Administrator shall within two business days follow the procedures set forth in subsection (f).
• 15 U.S.C. § 650(d)(2)(B)

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  (B) Any suspension under paragraph (1) shall remain in effect until the Administrator makes a decision pursuant to subparagraph (4) to permanently revoke the authority of the small business lending company or non-Federally regulated lender, suspend the authority for a time certain, or terminate the suspension.
• 15 U.S.C. § 650(d)(3)

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  (3) The small business lending company or non-Federally regulated lender must notify borrowers of a revocation and that a new entity has been appointed to service their loans. The Administrator or an employee of the Administration designated by the Administrator may provide such notice to the borrower.
• 15 U.S.C. § 650(d)(4)

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  (4) Any revocation or suspension under paragraph (1) shall be made by the Administrator except that the Administrator shall delegate to an administrative law judge as that term is used in section 3105 of title 5 the authority to conduct any hearing required under subsection (f). The Administrator shall base the decision to revoke on the record of the hearing.
• 15 U.S.C. § 650(e)(1)

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  (1) Where a small business lending company, a non-Federally regulated lender, or other person violates this chapter or is engaging or is about to engage in any acts or practices which constitute or will constitute a violation of this chapter, the Administrator may order, after the opportunity for hearing pursuant to subsection (f), the company, lender, or other person to cease and desist from such action or failure to act. The Administrator may delegate the authority under the preceding sentence only to the Deputy Administrator and only if the Administrator is unavailable to take such action.
• 15 U.S.C. § 650(e)(2)

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  (2) The Administrator, after finding extraordinary circumstances and in order to protect the financial or legal position of the United States, may issue a cease and desist order without conducting a hearing pursuant to subsection (f). If the Administrator issues a cease and desist order under the preceding sentence, the Administrator shall within two business days follow the procedures set forth in subsection (f).
• 15 U.S.C. § 650(e)(3)

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  (3) The Administrator may further order such small business lending company or non-Federally regulated lender or other person to take such action or to refrain from such action as the Administrator deems necessary to insure compliance with this chapter.
• 15 U.S.C. § 650(f)(1)

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  (1) Before revoking or suspending authority under subsection (d) or issuing a cease and desist order under subsection (e), the Administrator shall serve an order to show cause upon the small business lending company, non-Federally regulated lender, or other person why an order revoking or suspending the authority or a cease and desist order should not be issued. The order to show cause shall contain a statement of the matters of fact and law asserted by the Administrator and the legal authority and jurisdiction under which a hearing is to be held, and shall set forth that a hearing will be held before an administrative law judge at a time and place stated in the order. Such hearing shall be conducted pursuant to the provisions of sections 554, 556, and 557 of title 5. If after hearing, or a waiver thereof, the Administrator determines that an order revoking or suspending the authority or a cease and desist order should be issued, the Administrator shall promptly issue such order, which shall include a statement of the findings of the Administrator and the grounds and reasons therefor and specify the effective date of the order, and shall cause the order to be served on the small business lending company, non-Federally regulated lender, or other person involved.
• 15 U.S.C. § 650(f)(2)

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  (2) Witnesses summoned before the Administrator shall be paid by the party at whose instance they were called the same fees and mileage that are paid witnesses in the courts of the United States.
• 15 U.S.C. § 650(f)(3)

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  (3) A cease and desist order, suspension or revocation issued by the Administrator, after the hearing under this subsection is final agency action for purposes of chapter 7 of title 5. An adversely aggrieved party shall have 20 days from the date of issuance of the cease and desist order, suspension or revocation, to seek judicial review in an appropriate district court.
• 15 U.S.C. § 650(g)(2)(A)

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  (A) The Administrator may serve upon any management official a written notice of its intention to remove that management official if, in the opinion of the Administrator, the management official—

  (i) willfully and knowingly commits a substantial violation of—

  (I) this chapter;

  (II) any regulation issued under this chapter;

  (III) a final cease-and-desist order under this chapter; or

  (IV) any agreement by the management official, the small business lending company or non-Federally regulated lender under this chapter; or

  (ii) willfully and knowingly commits a substantial breach of a fiduciary duty of that person as a management official and the violation or breach of fiduciary duty is one involving personal dishonesty on the part of such management official.
• 15 U.S.C. § 650(g)(2)(C)(i)

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  (i) A hearing under subparagraph (B) shall be held not earlier than 30 days and later than 60 days after the date of service of notice of the hearing, unless an earlier or a later date is set by the Administrator at the request of—

  (I) the management official, and for good cause shown; or

  (II) the Attorney General.
• 15 U.S.C. § 650(g)(2)(D)(i)

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  (i) In the event of consent under subparagraph (C)(ii), or if upon the record made at a hearing under this subsection, the Administrator finds that any of the grounds specified in the notice of removal has been established, the Administrator may issue such orders of removal from office as the Administrator deems appropriate.
• 15 U.S.C. § 650(g)(2)(D)(ii)(II)

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  (II) remain effective and enforceable, except to such extent as it is stayed, modified, terminated, or set aside by action of the Administrator or a reviewing court in accordance with this section.
• 15 U.S.C. § 650(g)(3)(A)

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  (A) In order to protect a small business lending company, a non-Federally regulated lender or the interests of the Administration or the United States, the Administrator may suspend from office or prohibit from further participation in any manner in the management or conduct of the affairs of a small business lending company or a non-Federally regulated lender a management official by written notice to such effect served upon the management official. Such suspension or prohibition may prohibit the management official from making, servicing, reviewing, approving, or liquidating any loan under section 636(a) of this title.
• 15 U.S.C. § 650(g)(3)(B)(ii)(II)

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  (II) until such time as the Administrator dismisses the charges specified in the notice, or, if an order of removal or prohibition is issued against the management official, until the effective date of any such order.
• 15 U.S.C. § 650(g)(4)(A)

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  (A) If a management official is charged in any information, indictment, or complaint authorized by a United States attorney, with a felony involving dishonesty or breach of trust, the Administrator may, by written notice served upon the management official, suspend the management official from office or prohibit the management official from further participation in any manner in the management or conduct of the affairs of the small business lending company or non-Federally regulated lender.
• 15 U.S.C. § 650(g)(4)(B)

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  (B) A suspension or prohibition under subparagraph (A) shall remain in effect until the information, indictment, or complaint is finally disposed of, or until terminated by the Administrator or upon an order of a district court.
• 15 U.S.C. § 650(g)(4)(C)

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  (C) If a judgment of conviction with respect to an offense described in subparagraph (A) is entered against a management official, then at such time as the judgment is not subject to further judicial review (and for purposes of this subparagraph shall not include any petition for a writ of habeas corpus), the Administrator may issue and serve upon the management official an order removing the management official, effective upon service of a copy of the order upon the small business lending company or non-Federally regulated lender.
• 15 U.S.C. § 650(g)(4)(D)

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  (D) A finding of not guilty or other disposition of charges described in subparagraph (A) shall not preclude the Administrator from instituting proceedings under subsection (e) or (f).
• 15 U.S.C. § 650(g)(6)(A)

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  (A) After a hearing under this subsection, and not later than 30 days after the Administrator notifies the parties that the case has been submitted for final decision, the Administrator shall render a decision in the matter (which shall include findings of fact upon which its decision is predicated), and shall issue and cause to be served upon each party to the proceeding an order or orders consistent with this section. The decision of the Administrator shall constitute final agency action for purposes of chapter 7 of title 5.
• 15 U.S.C. § 650(h)(2)

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  (2) Upon request of the Administrator, the court may appoint the Administrator as a receiver under paragraph (1).
• 15 U.S.C. § 650(i)(1)

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  (1) If a small business lending company or a non-Federally regulated lender is not in compliance with capital requirements or is insolvent, the Administrator may take possession of the portfolio of loans guaranteed by the Administrator and sell such loans to a third party by means of a receiver appointed under subsection (h).
• 15 U.S.C. § 650(i)(2)

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  (2) If a small business lending company or a non-Federally regulated lender is not in compliance with capital requirements or is insolvent or otherwise operating in an unsafe and unsound condition, the Administrator may take possession of servicing activities of loans that are guaranteed by the Administrator and sell such servicing rights to a third party by means of a receiver appointed under subsection (h).
• 15 U.S.C. § 650(j)(1)

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  (1) Except as provided in paragraph (2), a small business lending company or a non-Federally regulated lender which violates any regulation or written directive issued by the Administrator regarding the filing of any regular or special report shall pay to the United States a civil penalty of not more than $5,000 for each day of the continuance of the failure to file such report, unless it is shown that such failure is due to reasonable cause and not due to willful neglect. The civil penalties under this subsection may be enforced in a civil action brought by the Administrator. The penalties under this subsection shall not apply to any affiliate of a small business lending company that procures at least 10 percent of its annual purchasing requirements from small manufacturers.
• 15 U.S.C. § 650(j)(2)

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  (2) The Administrator may by rules and regulations that shall be codified in the Code of Federal Regulations, after an opportunity for notice and comment, or upon application of an interested party, at any time previous to such failure, by order, after notice and opportunity for hearing which shall be conducted pursuant to sections 554, 556, and 557 of title 5, exempt in whole or in part, any small business lending company or non-Federally regulated lender from paragraph (1), upon such terms and conditions and for such period of time as it deems necessary and appropriate, if the Administrator finds that such action is not inconsistent with the public interest or the protection of the Administration. The Administrator may for the purposes of this section make any alternative requirements appropriate to the situation.
• 15 U.S.C. § 651(a)

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  (a) The Administrator is authorized to make grants to or to enter into contracts with any State for the purpose of contracting with small businesses to plant trees on land owned or controlled by such State or local government. The Administrator shall require as a condition of any grant (or amendment or modification thereof) under this section that the applicant also contribute to the project a sum equal to at least 25 per centum of a particular project cost from sources other than the Federal Government. Such non-Federal money may include inkind contributions, including the cost or value of providing care and maintenance for a period of three years after the planting of the trees, but shall not include any value attributable to the land on which the trees are to be planted, nor may any part of any grant be used to pay for land or land charges: Provided, That not less than one-half of the amounts appropriated under this section shall be allocated to each State, the District of Columbia, and the Commonwealth of Puerto Rico on the basis of the population in each area as compared to the total population in all areas as provided by the Census Bureau of the Department of Commerce in the annual population estimate or the decennial census, whichever is most current. The Administrator may give a priority in awarding the remaining one-half of appropriated amounts to applicants who agree to contribute more than the requisite 25 per centum, and shall give priority to a proposal to restore an area determined to be a major disaster by the President on a date not more than three years prior to the fiscal year for which the application is made.
• 15 U.S.C. § 651(b)

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  (b) In order to accomplish the objectives of this section, the Administrator, in consultation with appropriate Federal agencies, shall be responsible for formulating a national small business tree planting program. Based on this program, a State may submit a detailed proposal for tree planting by contract.
• 15 U.S.C. § 651(h)

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  (h) The Administrator shall submit annually to the President and the Congress a report on activities within the scope of this section.
• 15 U.S.C. § 652(g)

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  (g) The Commission shall not have any authority to appoint staff, but upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of such department or agency to the Commission to assist in carrying out the Commission’s functions under this section without regard to section 3341 of title 5. The Administrator of the General Services Administration shall provide, on a reimbursable basis, such administrative support services as the Commission may request.
• 15 U.S.C. § 653(b)

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  (b) The Office shall be headed by a director who shall be appointed by the Administrator not later than 90 days after November 15, 1990.
• 15 U.S.C. § 654(b)(1)

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  (1) There is established a drug-free workplace demonstration program, under which the Administrator may make grants to, or enter into cooperative agreements or contracts with, eligible intermediaries for the purpose of providing financial and technical assistance to small business concerns seeking to establish a drug-free workplace program.
• 15 U.S.C. § 654(b)(2)

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  (2) In addition to grants under paragraph (1), the Administrator may make grants to, or enter into cooperative agreements or contracts with, any grantee for the purpose of providing, in cooperation with one or more small business development centers, technical assistance to small business concerns seeking to establish a drug-free workplace program.
• 15 U.S.C. § 654(b)(3)

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  (3) Each grant made under this subsection shall be for a period of 2 years, subject to an annual performance review by the Administrator.
• 15 U.S.C. § 654(c)(1)

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  (1) The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and information to each eligible intermediary under subsection (b) regarding the most effective practices in establishing and carrying out drug-free workplace programs.
• 15 U.S.C. § 654(c)(2)(A)

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  (A) Each eligible intermediary receiving a grant under this section shall establish a system to collect and analyze information regarding the effectiveness of drug-free workplace programs established with assistance provided under this section through the intermediary, including information regarding any increase or decrease among employees in drug use, awareness of the adverse consequences of drug use, and absenteeism, injury, and disciplinary problems related to drug use. Such system shall conform to such requirements as the Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, may prescribe. Not more than 5 percent of the amount of each grant made under subsection (b) shall be used by the eligible intermediary to carry out this paragraph.
• 15 U.S.C. § 654(c)(2)(B)

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  (B) The Administrator, after consultation with the Director of the Center for Substance Abuse and Prevention, shall provide technical assistance and guidance to each eligible intermediary receiving a grant under subsection (b) regarding the collection and analysis of information to evaluate the effectiveness of drug-free workplace programs established with assistance provided under this section, including the information referred to in paragraph (1). Such assistance shall include the identification of additional information suitable for measuring the benefits of drug-free workplace programs to the small business concern and to the concern’s employees and the identification of methods suitable for analyzing such information.
• 15 U.S.C. § 654(d)

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  (d) Not later than 18 months after October 21, 1998, the Administrator, in coordination with the Secretary of Labor, the Secretary of Health and Human Services, and the Director of National Drug Control Policy, shall—

  (1) evaluate the drug-free workplace programs established with assistance made available under this section; and

  (2) submit to Congress a report describing the results of the evaluation under paragraph (1).
• 15 U.S.C. § 654(e)

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  (e) In carrying out this section, the Administrator may—

  (1) contract with public and private entities to provide assistance related to carrying out the program under this section; and

  (2) compensate those entities for provision of that assistance.
• 15 U.S.C. § 655(b)

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  (b) The Administrator of the Small Business Administration shall establish competitive, merit-based criteria for the selection of Centers to receive awards on the basis of—

  (1) the ability of the applicant to carry out the purposes described in subsection (d) in a manner relevant to the needs of industries in the area served by the Center;

  (2) the ability of the applicant to integrate the implementation of this program with existing Federal and State technical and business assistance resources; and

  (3) the ability of the applicant to continue providing technology access after the termination of this pilot program.
• 15 U.S.C. § 656(a)(1)

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  (1) the term “Assistant Administrator” means the Assistant Administrator of the Office of Women’s Business Ownership established under subsection (g);
• 15 U.S.C. § 656(g)(1)

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  (1) There is established within the Administration an Office of Women’s Business Ownership, which shall be responsible for the administration of the Administration’s programs for the development of women’s business enterprises (as defined in section 7108 of this title). The Office of Women’s Business Ownership shall be administered by an Assistant Administrator, who shall be appointed by the Administrator.
• 15 U.S.C. § 656(g)(2)(A)

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  (A) The position of Assistant Administrator shall be a Senior Executive Service position under section 3132(a)(2) of title 5. The Assistant Administrator shall serve as a noncareer appointee (as defined in section 3132(a)(7) of that title).
• 15 U.S.C. § 656(g)(2)(B)(i)

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  (i) The responsibilities of the Assistant Administrator shall be to administer the programs and services of the Office of Women’s Business Ownership established to assist women entrepreneurs in the areas of—

  (I) starting and operating a small business;

  (II) development of management and technical skills;

  (III) seeking Federal procurement opportunities; and

  (IV) increasing the opportunity for access to capital.
• 15 U.S.C. § 656(g)(2)(B)(ii)

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  (ii) The Assistant Administrator shall—

  (I) administer and manage the Women’s Business Center program;

  (II) recommend the annual administrative and program budgets for the Office of Women’s Business Ownership (including the budget for the Women’s Business Center program);

  (III) establish appropriate funding levels therefore¹ ;

  (IV) review the annual budgets submitted by each applicant for the Women’s Business Center program;

  (V) select applicants to participate in the program under this section;

  (VI) implement this section;

  (VII) maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers;

  (VIII) serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise;

  (IX) serve as liaison for the National Women’s Business Council; and

  (X) advise the Administrator on appointments to the Women’s Business Council.
• 15 U.S.C. § 656(g)(2)(B)(ii)(X)

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  (X) advise the Administrator on appointments to the Women’s Business Council.
• 15 U.S.C. § 656(g)(2)(C)

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  (C) In carrying out the responsibilities and duties described in this paragraph, the Assistant Administrator shall confer with and seek the advice of the Administration officials in areas served by the women’s business centers.
• 15 U.S.C. § 656(i)

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  (i) The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, it shall not suspend, terminate, or fail to renew or extend any such contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore¹ and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 of title 5.
• 15 U.S.C. § 656(k)(3)

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  (3) Notwithstanding any other provision of law, the Administrator, acting through the Assistant Administrator, may use such expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business sources are provided a reasonable opportunity to submit proposals.
• 15 U.S.C. § 656(m)(3)(A)

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  (A) Subject to subparagraph (B), the Administrator shall develop and publish criteria for the consideration and approval of applications by nonprofit organizations under this subsection.
• 15 U.S.C. § 656(m)(3)(C)

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  (C) Not later than 60 days after the date of the deadline to submit applications for each fiscal year, the Administrator shall approve or deny any application under this subsection and notify the applicant for each such application.
• 15 U.S.C. § 656(m)(4)(A)

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  (A) Subject to the availability of appropriations, the Administrator shall make a grant for the Federal share of the cost of activities described in the application to each applicant approved under this subsection.
• 15 U.S.C. § 656(m)(4)(D)

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  (D) In allocating funds made available for grants under this section, the Administrator shall give applications under this subsection or subsection (l) priority over first-time applications under subsection (b).
• 15 U.S.C. § 656(m)(5)(A)

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  (A) The Administrator may renew a grant under this subsection for additional 3-year periods, if the nonprofit organization submits an application for such renewal at such time, in such manner, and accompanied by such information as the Administrator may establish.
• 15 U.S.C. § 656(n)(1)(A)

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  (A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or
• 15 U.S.C. § 656(n)(1)(B)

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  (B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, but a disclosure under this subparagraph shall be limited to the information necessary for such audit.
• 15 U.S.C. § 656(n)(3)

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  (3) The Administrator shall issue regulations to establish standards for requiring disclosures during a financial audit under paragraph (1)(B).
• 15 U.S.C. § 656(o)(1)

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  (1) The Administrator shall periodically conduct a study to identify industries, as defined under the North American Industry Classification System, underrepresented by small business concerns owned and controlled by women.
• 15 U.S.C. § 656(o)(2)

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  (2) Not later than 3 years after January 2, 2013, and every 5 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the results of each study under paragraph (1) conducted during the 5-year period ending on the date of the report.
• 15 U.S.C. § 657(b)(1)

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  (1) Not later than 180 days after March 29, 1996, the Administrator shall designate a Small Business and Agriculture Regulatory Enforcement Ombudsman, who shall report directly to the Administrator, utilizing personnel of the Small Business Administration to the extent practicable. Other agencies shall assist the Ombudsman and take actions as necessary to ensure compliance with the requirements of this section. Nothing in this section is intended to replace or diminish the activities of any Ombudsman or similar office in any other agency.
• 15 U.S.C. § 657(b)(2)(D)

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  (D) coordinate and report annually on the activities, findings and recommendations of the Boards to the Administrator and to the heads of affected agencies; and
• 15 U.S.C. § 657(c)(1)

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  (1) Not later than 180 days after March 29, 1996, the Administrator shall establish a Small Business Regulatory Fairness Board in each regional office of the Small Business Administration.
• 15 U.S.C. § 657(c)(3)

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  (3) Each Board shall consist of five members, who are owners, operators, or officers of small business concerns, appointed by the Administrator, after receiving the recommendations of the chair and ranking minority member of the Committees on Small Business of the House of Representatives and the Senate. Not more than three of the Board members shall be of the same political party. No member shall be an officer or employee of the Federal Government, in either the executive branch or the Congress.
• 15 U.S.C. § 657(c)(4)

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  (4) Members of the Board shall serve at the pleasure of the Administrator for terms of three years or less.
• 15 U.S.C. § 657(c)(5)

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  (5) The Administrator shall select a chair from among the members of the Board who shall serve at the pleasure of the Administrator for not more than 1 year as chair.
• 15 U.S.C. § 657a(a)

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  (a) There is established within the Administration a program (to be known as the HUBZone program) to be carried out by the Administrator to provide for Federal contracting assistance, including promoting economic development in economically distressed areas (as defined in section 636(m)(11)),¹ to qualified HUBZone small business concerns in accordance with this section.
• 15 U.S.C. § 657a(b)(3)(A)(i)

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  (i) The term “qualified census tract” means a census tract that is covered by the definition of “qualified census tract” in section 42(d)(5)(B)(ii) of title 26 and that is reflected in an online tool prepared by the Administrator described under subsection (d)(7).
• 15 U.S.C. § 657a(b)(3)(A)(ii)(I)

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  (I) 10 years after the date that the Administrator implements this clause, or
• 15 U.S.C. § 657a(b)(3)(D)(ii)

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  (ii) A census tract or nonmetropolitan county described in clause (i) shall be considered to be a base closure area for a period beginning on the date on which the Administrator designates such census tract or nonmetropolitan county as a base closure area and ending on the date on which the base closure area ceases to be a qualified census tract under subparagraph (A) or a qualified nonmetropolitan county under subparagraph (B) in accordance with the online tool prepared by the Administrator described under subsection (d)(7), except that such period may not be less than 8 years.
• 15 U.S.C. § 657a(b)(3)(E)(ii)

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  (ii) A census tract or nonmetropolitan county shall be considered to be a qualified disaster area under clause (i) only for the period of time ending on the date the area ceases to be a qualified census tract under subparagraph (A) or a qualified nonmetropolitan county under subparagraph (B), in accordance with the online tool prepared by the Administrator described under subsection (d)(7) and beginning—

  (I) in the case of a major disaster, on the date on which the President declared the major disaster for the area in which the census tract or nonmetropolitan county, as applicable, is located; or

  (II) in the case of a catastrophic incident, on the date on which the catastrophic incident occurred in the area in which the census tract or nonmetropolitan county, as applicable, is located.
• 15 U.S.C. § 657a(b)(3)(F)(i)

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  (i) A “Governor-designated covered area” means a covered area that the Administrator has designated by approving a petition described under clause (ii).
• 15 U.S.C. § 657a(b)(3)(F)(ii)

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  (ii) For a covered area to receive a designation as a Governor-designated covered area, the Governor of the State in which the covered area is wholly contained shall include such covered area in a petition to the Administrator requesting such a designation. In reviewing a request for designation included in such a petition, the Administrator may consider—

  (I) the potential for job creation and investment in the covered area;

  (II) the demonstrated interest of small business concerns in the covered area to be designated as a Governor-designated covered area;

  (III) how State and local government officials have incorporated the covered area into an economic development strategy; and

  (IV) if the covered area was a HUBZone before becoming the subject of the petition, the impact on the covered area if the Administrator did not approve the petition.
• 15 U.S.C. § 657a(b)(3)(F)(ii)(IV)

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  (IV) if the covered area was a HUBZone before becoming the subject of the petition, the impact on the covered area if the Administrator did not approve the petition.
• 15 U.S.C. § 657a(b)(3)(F)(iv)

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  (iv) If the Administrator grants a petition described under clause (ii), the Governor of the Governor-designated covered area shall, not less frequently than annually, submit data to the Administrator certifying that each Governor-designated covered area continues to meet the requirements of clause (v)(I).
• 15 U.S.C. § 657a(b)(4)

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  (4) The term “qualified HUBZone small business concern” means a HUBZone small business concern that has been certified by the Administrator in accordance with the procedures described in this section.
• 15 U.S.C. § 657a(c)(2)(C)

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  (C) Not later than 5 days from the date the Administration is notified of a procurement officer’s decision not to award a contract opportunity under this section to a qualified HUBZone small business concern, the Administrator may notify the contracting officer of the intent to appeal the contracting officer’s decision, and within 15 days of such date the Administrator may file a written request for reconsideration of the contracting officer’s decision with the Secretary of the department or agency head.
• 15 U.S.C. § 657a(d)(1)

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  (1) In order to be eligible for certification by the Administrator as a qualified HUBZone small business concern, a HUBZone small business concern shall submit documentation to the Administrator stating that—

  (A) at the time of certification and at each examination conducted pursuant to paragraph (4), the principal office of the concern is located in a HUBZone and not fewer than 35 percent of its employees reside in a HUBZone;

  (B) the concern will attempt to maintain the applicable employment percentage under subparagraph (A) during the performance of any contract awarded to such concern on the basis of a preference provided under subsection (c); and

  (C) the concern will ensure that the requirements of section 657s of this title are satisfied with respect to any subcontract entered into by such concern pursuant to a contract awarded under this section.
• 15 U.S.C. § 657a(d)(2)

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  (2) In carrying out this section, the Administrator shall establish procedures relating to—

  (A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a HUBZone small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of documentation provided to the Administration by such a concern under paragraph (1)); and

  (B) verification by the Administrator of the accuracy of any documentation provided by a HUBZone small business concern under paragraph (1).
• 15 U.S.C. § 657a(d)(2)(B)

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  (B) verification by the Administrator of the accuracy of any documentation provided by a HUBZone small business concern under paragraph (1).
• 15 U.S.C. § 657a(d)(3)

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  (3) The Administrator shall verify the eligibility of a HUBZone small business concern using the procedures described in paragraph (2) within a reasonable time and not later than 60 days after the date on which the Administrator receives sufficient and complete documentation from a HUBZone small business concern under paragraph (1).
• 15 U.S.C. § 657a(d)(4)

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  (4) Not later than 3 years after the date that such HUBZone small business concern was certified as a qualified HUBZone small business concern, and every 3 years thereafter, the Administrator shall verify the accuracy of any documentation provided by a HUBZone small business concern under paragraph (1) to determine if such HUBZone small business concern remains a qualified HUBZone small business concern.
• 15 U.S.C. § 657a(d)(5)

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  (5) The Administrator shall conduct program examinations of qualified HUBZone small business concerns, using a risk-based analysis to select which concerns are examined, to ensure that any concern examined meets the requirements of paragraph (1).
• 15 U.S.C. § 657a(d)(6)

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  (6) A HUBZone small business concern that, based on the results of an examination conducted pursuant to paragraph (5) no longer meets the requirements of paragraph (1), shall have 30 days to submit documentation to the Administrator to be eligible to be certified as a qualified HUBZone small business concern. During the 30-day period, such concern may not compete for or be awarded a contract under this section. If such concern fails to meet the requirements of paragraph (1) by the last day of the 30-day period, the Administrator shall not certify such concern as a qualified HUBZone small business concern.
• 15 U.S.C. § 657a(d)(7)(A)

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  (A) The Administrator shall develop a publicly accessible online tool that depicts HUBZones. Such online tool shall be updated—

  (i) with respect to HUBZones described under subparagraphs (A) and (B) of subsection (b)(3), beginning on January 1, 2020, and every 5 years thereafter;

  (ii) with respect to a HUBZone described under subsection (b)(3)(C), immediately after the area becomes, or ceases to be, a redesignated area; and

  (iii) with respect to HUBZones described under subparagraphs (D), (E), and (F) of subsection (b)(3), immediately after an area is designated as a base closure area, qualified disaster area, or Governor-designated covered area, respectively.
• 15 U.S.C. § 657a(d)(7)(B)

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  (B) The online tool required under subparagraph (A) shall clearly and conspicuously provide access to the data used by the Administrator to determine whether or not an area is a HUBZone in the year in which the online tool was prepared.
• 15 U.S.C. § 657a(d)(7)(C)

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  (C) The Administrator shall include in the online tool a notification of the date on which the online tool, and the data used to create the online tool, will be updated.
• 15 U.S.C. § 657a(d)(8)

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  (8) The Administrator shall establish and publicly maintain on the internet a list of qualified HUBZone small business concerns that shall—

  (A) to the extent practicable, include the name, address, and type of business with respect to such concern;

  (B) be updated by the Administrator not less than annually; and

  (C) be provided upon request to any Federal agency or other entity.
• 15 U.S.C. § 657a(d)(8)(B)

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  (B) be updated by the Administrator not less than annually; and
• 15 U.S.C. § 657a(d)(9)

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  (9) Upon the request of the Administrator, the Secretary of Labor, the Administrator of the Federal Emergency Management Agency, the Secretary of Housing and Urban Development, and the Secretary of the Interior (or the Assistant Secretary for Indian Affairs), shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out this subsection.
• 15 U.S.C. § 657a(d)(10)

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  (10) In addition to the penalties described in section 645(d) of this title, any small business concern that is determined by the Administrator to have misrepresented the status of that concern as a “qualified HUBZone small business concern” for purposes of this section shall be subject to liability for fraud, including section 1001 of title 18 and sections 3729 through 3733 of title 31.
• 15 U.S.C. § 657a(e)(1)

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  (1) Not later than 1 year after December 12, 2017, the Administrator shall publish performance metrics designed to measure the success of the HUBZone program established under this section in meeting the program’s objective of promoting economic development in economically distressed areas (as defined in section 636(m)(11) of this title).
• 15 U.S.C. § 657a(e)(2)

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  (2) The Administrator shall develop processes to incentivize each regional office of the Administration to collect and manage data on HUBZones within the geographic area served by such regional office.
• 15 U.S.C. § 657a(e)(3)

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  (3) Not later than 90 days after the last day of each fiscal year, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report analyzing the data from the performance metrics established under this subsection and including—

  (A) the number of HUBZone small business concerns that lost certification as a qualified HUBZone small business concern because of the results of an examination performed under subsection (d)(5); and

  (B) the number of those concerns that did not submit documentation to be recertified under subsection (d)(6).
• 15 U.S.C. § 657b(a)

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  (a) There is established in the Administration an Office of Veterans Business Development, which shall be administered by the Associate Administrator for Veterans Business Development (in this section referred to as the “Associate Administrator”) appointed under section 633(b)(1) of this title.
• 15 U.S.C. § 657b(b)

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  (b) The Associate Administrator—

  (1) shall be an appointee in the Senior Executive Service;

  (2) shall be responsible for the formulation, execution, and promotion of policies and programs of the Administration that provide assistance to small business concerns owned and controlled by veterans and small business concerns owned and controlled by service-disabled veterans. The Associate Administrator shall act as an ombudsman for full consideration of veterans in all programs of the Administration; and

  (3) shall report to and be responsible directly to the Administrator.
• 15 U.S.C. § 657b(b)(2)

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  (2) shall be responsible for the formulation, execution, and promotion of policies and programs of the Administration that provide assistance to small business concerns owned and controlled by veterans and small business concerns owned and controlled by service-disabled veterans. The Associate Administrator shall act as an ombudsman for full consideration of veterans in all programs of the Administration; and
• 15 U.S.C. § 657b(b)(3)

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  (3) shall report to and be responsible directly to the Administrator.
• 15 U.S.C. § 657b(c)(2)(A)

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  (A) the Administrator, who shall serve as chairperson of the task force; and
• 15 U.S.C. § 657b(c)(2)(B)(iii)

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  (iii) the Administration (in addition to the Administrator);
• 15 U.S.C. § 657b(d)(1)

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  (1) The Associate Administrator shall increase veteran outreach by ensuring that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the workshops of the Transition Assistance Program of the Department of Labor.
• 15 U.S.C. § 657b(d)(3)

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  (3) The Associate Administrator shall—

  (A) create written materials that provide comprehensive information on self-employment and veterans entrepreneurship, including information on resources available from the Administration on such topics; and

  (B) make the materials created under subparagraph (A) available to the Secretary of Labor for inclusion in the Transition Assistance Program manual.
• 15 U.S.C. § 657b(d)(4)

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  (4) The Associate Administrator shall submit to Congress progress reports on the implementation of this subsection.
• 15 U.S.C. § 657b(e)

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  (e) The Associate Administrator shall—

  (1) compile information on existing resources available to women veterans for business training, including resources for—

  (A) vocational and technical education;

  (B) general business skills, such as marketing and accounting; and

  (C) business assistance programs targeted to women veterans; and

  (2) disseminate the information compiled under paragraph (1) through Veteran Business Outreach Centers and women’s business centers.
• 15 U.S.C. § 657b(g)(2)

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  (2) The Administrator, in coordination with the Administrator of General Services, shall provide access to and manage the distribution of surplus property, and foreign excess property returned to a State for handling as surplus property, owned by the United States under chapter 7 of title 40, to small business concerns owned and controlled by veterans (as verified by the Secretary of Veterans Affairs under section 8127 of title 38) pursuant to a memorandum of agreement between the Administrator, the Administrator of General Services, and the head of the applicable state agency for surplus properties and in accordance with section 549 of title 40.
• 15 U.S.C. § 657b(h)(2)

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  (2) During the period beginning on December 23, 2024, and ending on September 30, 2028, the Administrator shall carry out a program to be known as the “Boots to Business Program” to provide entrepreneurship training to covered individuals.
• 15 U.S.C. § 657b(h)(4)(B)

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  (B) The Administrator may—

  (i) collaborate with public and private entities to develop course curricula for the Boots to Business Program; and

  (ii) modify program components in coordination with entities participating in a Warriors in Transition program, as defined in section 738(e) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 1071 note).
• 15 U.S.C. § 657b(h)(4)(C)(i)

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  (i) The Administrator shall—

  (I) ensure that Veteran Business Outreach Centers regularly participate, on a nationwide basis, in the Boots to Business Program; and

  (II) to the maximum extent practicable, use district offices of the Administration and a variety of other resource partners and entities in administering the Boots to Business Program.
• 15 U.S.C. § 657b(h)(4)(C)(ii)

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  (ii) In carrying out clause (i), the Administrator may make grants, subject to the availability of appropriations in advance, to Veteran Business Outreach Centers, other resource partners, or other entities to carry out components of the Boots to Business Program.
• 15 U.S.C. § 657b(h)(4)(D)

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  (D) The Administrator shall make available to the Secretary of Defense and the Secretary of Labor information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, for inclusion on the websites of the Department of Defense and the Department of Labor relating to the Transition Assistance Program, in the Transition Assistance Program manual, and in other relevant materials available for distribution from the Secretary of Defense and the Secretary of Labor.
• 15 U.S.C. § 657b(h)(4)(E)

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  (E) In consultation with the Secretary of Veterans Affairs, the Administrator shall make available for distribution and display on the website of the Department of Veterans Affairs and at local facilities of the Department of Veterans Affairs outreach materials regarding the Boots to Business Program, which shall, at a minimum—

  (i) describe the Boots to Business Program and the services provided; and

  (ii) include eligibility requirements for participating in the Boots to Business Program.
• 15 U.S.C. § 657b(h)(4)(F)

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  (F) The Administrator shall ensure information regarding the Boots to Business Program, including all course materials and outreach materials related to the Boots to Business Program, is made available to other participating agencies in the Transition Assistance Program and upon request of other agencies.
• 15 U.S.C. § 657b(h)(7)

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  (7) Not later than 180 days after December 23, 2024, and not less frequently than annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the performance and effectiveness of the Boots to Business Program, which—

  (A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and

  (B) shall summarize available information relating to—

  (i) grants awarded under paragraph (4)(C);

  (ii) the total cost of the Boots to Business Program;

  (iii) the number of program participants using each component of the Boots to Business Program;

  (iv) the completion rates for each component of the Boots to Business Program;

  (v) to the extent possible—

  (I) the demographics of program participants, to include gender, age, race, ethnicity, and relationship to military;

  (II) the number of program participants that connect with a district office of the Administration, a Veteran Business Outreach Center, or another resource partner of the Administration;

  (III) the number of program participants that start a small business concern;

  (IV) the results of the Boots to Business and Boots to Business Reboot course quality surveys conducted by the Office of Veterans Business Development before and after attending each of those courses, including a summary of any comments received from program participants;

  (V) the results of the Boots to Business Program outcome surveys conducted by the Office of Veterans Business Development, including a summary of any comments received from program participants; and

  (VI) the results of other germane participant satisfaction surveys;

  (C) an evaluation of the overall effectiveness of the Boots to Business Program based on each geographic region covered by the Administration during the most recent fiscal year;

  (D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;

  (E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;

  (F) an explanation of how the Boots to Business Program has been integrated with other transition programs and related resources of the Administration and other Federal agencies; and

  (G) any additional information the Administrator determines necessary.
• 15 U.S.C. § 657b(h)(7)(A)

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  (A) may be included as part of another report submitted to such committees by the Administrator related to the Office of Veterans Business Development; and
• 15 U.S.C. § 657b(h)(7)(D)

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  (D) an assessment of additional performance outcome measures for the Boots to Business Program, as identified by the Administrator;
• 15 U.S.C. § 657b(h)(7)(E)

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  (E) any recommendations of the Administrator for improvement of the Boots to Business Program, which may include expansion of the types of individuals who are covered individuals;
• 15 U.S.C. § 657b(h)(7)(G)

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  (G) any additional information the Administrator determines necessary.
• 15 U.S.C. § 657d(b)

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  (b) The Administrator shall establish a program to be known as the Federal and State Technology Partnership Program, the purpose of which shall be to strengthen the technological competitiveness of small business concerns in the States.
• 15 U.S.C. § 657d(c)(1)

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  (1) In carrying out the FAST program under this section, the Administrator and the SBIR program managers at the National Science Foundation and the Department of Defense shall jointly review proposals submitted by applicants and may make awards or enter into cooperative agreements under this section based on the factors for consideration set forth in paragraph (2), in order to enhance or develop in a State—

  (A) technology research and development by small business concerns;

  (B) technology transfer from university research to technology-based small business concerns;

  (C) technology deployment and diffusion benefiting small business concerns;

  (D) the technological capabilities of small business concerns through the establishment or operation of consortia comprised of entities, organizations, or individuals, including—

  (i) State and local development agencies and entities;

  (ii) representatives of technology-based small business concerns;

  (iii) industries and emerging companies;

  (iv) universities; and

  (v) small business development centers; and

  (E) outreach, financial support, and technical assistance to technology-based small business concerns participating in or interested in participating in an SBIR program, including initiatives—

  (i) to make grants or loans to companies to pay a portion or all of the cost of developing SBIR proposals;

  (ii) to establish or operate a Mentoring Network within the FAST program to provide business advice and counseling that will assist small business concerns that have been identified by FAST program participants, program managers of participating SBIR agencies, the Administration, or other entities that are knowledgeable about the SBIR and STTR programs as good candidates for the SBIR and STTR programs, and that would benefit from mentoring, in accordance with section 657e of this title;

  (iii) to create or participate in a training program for individuals providing SBIR outreach and assistance at the State and local levels; and

  (iv) to encourage the commercialization of technology developed through SBIR program funding.
• 15 U.S.C. § 657d(c)(2)

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  (2) In making awards or entering into cooperative agreements under this section, the Administrator and the SBIR program managers referred to in paragraph (1)—

  (A) may only consider proposals by applicants that intend to use a portion of the Federal assistance provided under this section to provide outreach, financial support, or technical assistance to technology-based small business concerns participating in or interested in participating in the SBIR program;

  (B) shall consider, at a minimum—

  (i) whether the applicant has demonstrated that the assistance to be provided would address unmet needs of small business concerns in the community, and whether it is important to use Federal funding for the proposed activities;

  (ii) whether the applicant has demonstrated that a need exists to increase the number or success of small high-technology businesses in the State, as measured by the number of first phase and second phase SBIR awards that have historically been received by small business concerns in the State;

  (iii) whether the projected costs of the proposed activities are reasonable;

  (iv) whether the proposal integrates and coordinates the proposed activities with other State and local programs assisting small high-technology firms in the State;

  (v) the manner in which the applicant will measure the results of the activities to be conducted; and

  (vi) whether the proposal addresses the needs of small business concerns—

  (I) owned and controlled by women;

  (II) owned and controlled by minorities; and

  (III) located in areas that have historically not participated in the SBIR and STTR programs; and

  (C) shall give special consideration to an applicant that is located in an area affected by a catastrophic incident.
• 15 U.S.C. § 657d(c)(4)

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  (4) Proposals and applications for assistance under this section shall be in such form and subject to such procedures as the Administrator shall establish. The Administrator shall promulgate regulations establishing standards for the consideration of proposals under paragraph (2), including standards regarding each of the considerations identified in paragraph (2)(B).
• 15 U.S.C. § 657d(c)(5)

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  (5) Upon application by an applicant that receives an award or has in effect a cooperative agreement under this section and that is located in an area affected by a catastrophic incident, the Administrator may—

  (A) provide additional assistance to the applicant; and

  (B) waive the matching requirements under subsection (e)(2).
• 15 U.S.C. § 657d(d)

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  (d) In carrying out the FAST program under this section, the Administrator shall cooperate and coordinate with—

  (1) Federal agencies required by section 638 of this title to have an SBIR program; and

  (2) entities, organizations, and individuals actively engaged in enhancing or developing the technological capabilities of small business concerns, including—

  (A) State and local development agencies and entities;

  (B) State committees established under the Experimental Program to Stimulate Competitive Research of the National Science Foundation (as established under section 1862g of title 42);

  (C) State science and technology councils; and

  (D) representatives of technology-based small business concerns.
• 15 U.S.C. § 657d(e)(2)(D)

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  (D) For purposes of subparagraph (A), the Administrator shall reevaluate the ranking of a State once every 2 fiscal years, beginning with fiscal year 2001, based on the most recent statistics compiled by the Administrator.
• 15 U.S.C. § 657d(f)(1)

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  (1) Not later than 120 days after December 21, 2000, the Administrator shall prepare and submit to the Committee on Small Business of the Senate and the Committee on Science and the Committee on Small Business of the House of Representatives a report, which shall include, with respect to the FAST program, including Mentoring Networks—

  (A) a description of the structure and procedures of the program;

  (B) a management plan for the program; and

  (C) a description of the merit-based review process to be used in the program.
• 15 U.S.C. § 657d(f)(2)

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  (2) The Administrator shall submit an annual report to the Committee on Small Business of the Senate and the Committee on Science and the Committee on Small Business of the House of Representatives regarding—

  (A) the number and amount of awards provided and cooperative agreements entered into under the FAST program during the preceding year;

  (B) a list of recipients under this section, including their location and the activities being performed with the awards made or under the cooperative agreements entered into; and

  (C) the Mentoring Networks and the mentoring database, as provided for under section 657e of this title, including—

  (i) the status of the inclusion of mentoring information in the database required by section 638(k) of this title; and

  (ii) the status of the implementation and description of the usage of the Mentoring Networks.
• 15 U.S.C. § 657e(d)

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  (d) The Administrator shall—

  (1) include in the database required by section 638(k)(1) of this title, in cooperation with the SBIR, STTR, and FAST programs, information on Mentoring Networks and mentors participating under this section, including a description of their areas of expertise;

  (2) work cooperatively with Mentoring Networks to maintain and update the database;

  (3) take such action as may be necessary to aggressively promote Mentoring Networks under this section; and

  (4) fulfill the requirements of this subsection either directly or by contract.
• 15 U.S.C. § 657f(b)

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  (b) With respect to a procurement program or preference established under this chapter that applies to prime contractors, the Administrator shall—

  (1) certify the status of a concern as a small business concern owned and controlled by service-disabled veterans; and

  (2) require the periodic recertification of such status.
• 15 U.S.C. § 657f(f)(1)

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  (1) Subject to paragraphs (2) through (6), the Administrator shall maintain a database of small business concerns owned and controlled by veterans, small business concerns owned and controlled by service-disabled veterans, and the veteran owners of such business concerns.
• 15 U.S.C. § 657f(f)(2)(A)

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  (A) To be eligible for inclusion in the database, such a veteran shall submit to the Administrator such information as the Administrator may require with respect to the small business concern or the veteran. Application for inclusion in the database shall constitute permission under section 552a of title 5 (commonly referred to as the Privacy Act) for the Administrator to obtain from the Secretary of Veterans Affairs such personal information maintained by the Secretary as may be necessary to verify the information contained in the application.
• 15 U.S.C. § 657f(f)(2)(B)(i)(II)

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  (II) establish a system to permit the Administrator to access, but not alter, the verification of such status; and
• 15 U.S.C. § 657f(f)(2)(B)(ii)

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  (ii) the Administrator shall verify—

  (I) the status of a business concern as a small business concern; and

  (II) the ownership and control of such business concern.
• 15 U.S.C. § 657f(f)(2)(C)

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  (C) The Administrator may not certify a concern under subsection (b) or section 657f–1 of this title if the Secretary of Veterans Affairs cannot provide the verification described under subparagraph (B)(i)(I).
• 15 U.S.C. § 657f(f)(4)

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  (4) The Administrator shall make the database available to all Federal departments and agencies and shall notify each such department and agency of the availability of the database.
• 15 U.S.C. § 657f(f)(5)

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  (5) If the Administrator determines that the public dissemination of certain types of information maintained in the database is inappropriate, the Administrator shall take such steps as are necessary to maintain such types of information in a secure and confidential manner.
• 15 U.S.C. § 657f(f)(6)(A)

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  (A) If a small business concern is not included in the database because the Administrator does not certify the status of the concern as a small business concern owned and controlled by veterans (under section 657f–1 of this title) or a small business concern owned and controlled by service-disabled veterans (under subsection (g) of this section), the concern may appeal the denial of certification to the Office of Hearings and Appeals of the Administration (as established under section 634(i) of this title). The decision of the Office of Hearings and Appeals shall be considered a final agency action.
• 15 U.S.C. § 657f(f)(6)(B)(ii)(I)

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  (I) the Secretary of Veterans Affairs or the Administrator; or
• 15 U.S.C. § 657f(g)

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  (g) Notwithstanding subsection (c), a contracting officer may only award a sole source contract to a small business concern owned and controlled by service-disabled veterans or a contract on the basis of competition restricted to small business concerns owned and controlled by service-disabled veterans if such a concern is certified by the Administrator as a small business concern owned and controlled by service-disabled veterans.
• 15 U.S.C. § 657f(h)(1)

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  (1) In carrying out this section, the Administrator shall establish procedures relating to—

  (A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under this section (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (b)); and

  (B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (b).
• 15 U.S.C. § 657f(h)(1)(B)

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  (B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (b).
• 15 U.S.C. § 657f(h)(2)

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  (2) The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (b), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (b).
• 15 U.S.C. § 657f(i)

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  (i) Upon the request of the Administrator, the head of any Federal department or agency shall promptly provide to the Administrator such information as the Administrator determines to be necessary to carry out subsection (b) or to be able to certify the status of the concern as a small business concern owned and controlled by veterans under section 657f–1 of this title.
• 15 U.S.C. § 657f–1(a)

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  (a) With respect to the program established under section 8127 of title 38, the Administrator shall—

  (1) certify the status of a concern as a small business concern owned and controlled by veterans; and

  (2) require the periodic recertification of such status.
• 15 U.S.C. § 657f–1(b)(1)

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  (1) In carrying out this section, the Administrator shall establish procedures relating to—

  (A) the filing, investigation, and disposition by the Administration of any challenge to the eligibility of a small business concern to receive assistance under section 657f of this title (including a challenge, filed by an interested party, relating to the veracity of a certification made or information provided to the Administration by a small business concern under subsection (a)); and

  (B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a).
• 15 U.S.C. § 657f–1(b)(1)(B)

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  (B) verification by the Administrator of the accuracy of any certification made or information provided to the Administration by a small business concern under subsection (a).
• 15 U.S.C. § 657f–1(b)(2)

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  (2) The procedures established under paragraph (1) shall provide for a program of examinations by the Administrator of any small business concern making a certification or providing information to the Administrator under subsection (a), to determine the veracity of any statements or information provided as part of such certification or otherwise provided under subsection (a).
• 15 U.S.C. § 657h(a)(1)

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  (1) the terms “Administration” and “Administrator” mean the Small Business Administration and the Administrator thereof, respectively;
• 15 U.S.C. § 657h(b)(1)

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  (1) Not later than 90 days after December 19, 2007, the Administrator shall promulgate final rules establishing the Government-wide program authorized under subsection (d) of section 6307 of title 42 that ensure compliance with that subsection by not later than 6 months after December 19, 2007.
• 15 U.S.C. § 657h(b)(2)

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  (2) The Administrator shall develop and coordinate a Government-wide program, building on the Energy Star for Small Business program, to assist small business concerns in—

  (A) becoming more energy efficient;

  (B) understanding the cost savings from improved energy efficiency; and

  (C) identifying financing options for energy efficiency upgrades.
• 15 U.S.C. § 657h(b)(3)(A)

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  (A) in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency; and
• 15 U.S.C. § 657h(b)(3)(B)

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  (B) in cooperation with any entities the Administrator considers appropriate, such as industry trade associations, industry members, and energy efficiency organizations.
• 15 U.S.C. § 657h(b)(4)

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  (4) The Administrator shall make available the information and materials developed under the program required by paragraph (2) to—

  (A) small business concerns, including smaller design, engineering, and construction firms; and

  (B) other Federal programs for energy efficiency, such as the Energy Star for Small Business program.
• 15 U.S.C. § 657h(b)(5)(A)

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  (A) The Administrator shall develop a strategy to educate, encourage, and assist small business concerns in adopting energy efficient building fixtures and equipment.
• 15 U.S.C. § 657h(b)(5)(B)

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  (B) Not later than December 31, 2008, the Administrator shall submit to Congress a report containing a plan to implement the strategy developed under subparagraph (A).
• 15 U.S.C. § 657h(c)(1)

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  (1) The Administrator shall establish a Small Business Energy Efficiency Program to provide energy efficiency assistance to small business concerns through small business development centers.
• 15 U.S.C. § 657h(c)(2)(A)

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  (A) In carrying out the Efficiency Program, the Administrator shall enter into agreements with small business development centers under which such centers shall—

  (i) provide access to information and resources on energy efficiency practices, including on-bill financing options;

  (ii) conduct training and educational activities;

  (iii) offer confidential, free, one-on-one, in-depth energy audits to the owners and operators of small business concerns regarding energy efficiency practices;

  (iv) give referrals to certified professionals and other providers of energy efficiency assistance who meet such standards for educational, technical, and professional competency as the Administrator shall establish;

  (v) to the extent not inconsistent with controlling State public utility regulations, act as a facilitator between small business concerns, electric utilities, lenders, and the Administration to facilitate on-bill financing arrangements;

  (vi) provide necessary support to small business concerns to—

  (I) evaluate energy efficiency opportunities and opportunities to design or construct high performance green buildings;

  (II) evaluate renewable energy sources, such as the use of solar and small wind to supplement power consumption;

  (III) secure financing to achieve energy efficiency or to design or construct high performance green buildings; and

  (IV) implement energy efficiency projects;

  (vii) assist owners of small business concerns with the development and commercialization of clean technology products, goods, services, and processes that use renewable energy sources, dramatically reduce the use of natural resources, and cut or eliminate greenhouse gas emissions through—

  (I) technology assessment;

  (II) intellectual property;

  (III) Small Business Innovation Research submissions under section 638 of this title;

  (IV) strategic alliances;

  (V) business model development; and

  (VI) preparation for investors; and

  (viii) help small business concerns improve environmental performance by shifting to less hazardous materials and reducing waste and emissions, including by providing assistance for small business concerns to adapt the materials they use, the processes they operate, and the products and services they produce.
• 15 U.S.C. § 657h(c)(2)(A)(iv)

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  (iv) give referrals to certified professionals and other providers of energy efficiency assistance who meet such standards for educational, technical, and professional competency as the Administrator shall establish;
• 15 U.S.C. § 657h(c)(2)(B)

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  (B) Each small business development center participating in the Efficiency Program shall submit to the Administrator and the Administrator of the Environmental Protection Agency an annual report that includes—

  (i) a summary of the energy efficiency assistance provided by that center under the Efficiency Program;

  (ii) the number of small business concerns assisted by that center under the Efficiency Program;

  (iii) statistics on the total amount of energy saved as a result of assistance provided by that center under the Efficiency Program; and

  (iv) any additional information determined necessary by the Administrator, in consultation with the association.
• 15 U.S.C. § 657h(c)(2)(B)(iv)

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  (iv) any additional information determined necessary by the Administrator, in consultation with the association.
• 15 U.S.C. § 657h(c)(2)(C)

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  (C) Not later than 60 days after the date on which all reports under subparagraph (B) relating to a year are submitted, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report summarizing the information regarding the Efficiency Program submitted by small business development centers participating in that program.
• 15 U.S.C. § 657h(c)(4)

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  (4) From among small business development centers submitting applications to participate in the Efficiency Program, the Administrator—

  (A) shall, to the maximum extent practicable, select small business development centers in such a manner so as to promote a nationwide distribution of centers participating in the Efficiency Program; and

  (B) may not select more than 1 small business development center in a State to participate in the Efficiency Program.
• 15 U.S.C. § 657h(c)(7)(B)

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  (B) not later than 6 months after the date of the initiation of the evaluation under subparagraph (A), submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, a report containing—

  (i) the results of the evaluation; and

  (ii) any recommendations regarding whether the Efficiency Program, with or without modification, should be extended to include the participation of all small business development centers.
• 15 U.S.C. § 657h(c)(8)

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  (8) To the extent not inconsistent with State law, the Administrator may guarantee the timely payment of a loan made to a small business concern through an on-bill financing agreement on such terms and conditions as the Administrator shall establish through a formal rulemaking, after providing notice and an opportunity for comment.
• 15 U.S.C. § 657h(c)(9)

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  (9) Subject to amounts approved in advance in appropriations Acts and separate from amounts approved to carry out section 648(a)(1) of this title, the Administrator may make grants or enter into cooperative agreements to carry out this subsection.
• 15 U.S.C. § 657h(d)(1)(A)

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  (A) The Administrator shall conduct, in not more than 5 of the regions of the Administration, a pilot program to provide information regarding telecommuting to employers that are small business concerns and to encourage such employers to offer telecommuting options to employees.
• 15 U.S.C. § 657h(d)(1)(B)

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  (B) In carrying out the Telecommuting Pilot Program, the Administrator shall make a concerted effort to provide information to—

  (i) small business concerns owned by or employing individuals with disabilities, particularly veterans who are individuals with disabilities;

  (ii) Federal, State, and local agencies having knowledge and expertise in assisting individuals with disabilities, including veterans who are individuals with disabilities; and

  (iii) any group or organization, the primary purpose of which is to aid individuals with disabilities or veterans who are individuals with disabilities.
• 15 U.S.C. § 657h(d)(1)(C)

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  (C) In carrying out the Telecommuting Pilot Program, the Administrator may—

  (i) produce educational materials and conduct presentations designed to raise awareness in the small business community of the benefits and the ease of telecommuting;

  (ii) conduct outreach—

  (I) to small business concerns that are considering offering telecommuting options; and

  (II) as provided in subparagraph (B); and

  (iii) acquire telecommuting technologies and equipment to be used for demonstration purposes.
• 15 U.S.C. § 657h(d)(1)(D)

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  (D) In determining which regions will participate in the Telecommuting Pilot Program, the Administrator shall give priority consideration to regions in which Federal agencies and private-sector employers have demonstrated a strong regional commitment to telecommuting.
• 15 U.S.C. § 657h(d)(2)

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  (2) Not later than 2 years after the date on which funds are first appropriated to carry out this subsection, the Administrator shall transmit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report containing the results of an evaluation of the Telecommuting Pilot Program and any recommendations regarding whether the pilot program, with or without modification, should be extended to include the participation of all regions of the Administration.
• 15 U.S.C. § 657i(a)

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  (a) The Administrator shall ensure that the disaster assistance programs of the Administration are coordinated, to the maximum extent practicable, with the disaster assistance programs of the Federal Emergency Management Agency.
• 15 U.S.C. § 657i(b)

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  (b) The Administrator, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish regulations to ensure that each application for disaster assistance is submitted as quickly as practicable to the Administration or directed to the appropriate agency under the circumstances.
• 15 U.S.C. § 657i(d)

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  (d) The Administrator shall include a report on the regulations whenever the Administration submits the report required by section 657o of this title.
• 15 U.S.C. § 657j(a)

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  (a) The Administrator shall develop, implement, or maintain a centralized information system to track communications between personnel of the Administration and applicants for disaster assistance. The system shall ensure that whenever an applicant for disaster assistance communicates with such personnel on a matter relating to the application, the following information is recorded:

  (1) The method of communication.

  (2) The date of communication.

  (3) The identity of the personnel.

  (4) A summary of the subject matter of the communication.
• 15 U.S.C. § 657j(b)

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  (b) The Administrator shall ensure that an applicant for disaster assistance receives, by telephone, mail, or electronic mail, follow-up communications from the Administration at all critical stages of the application process, including the following:

  (1) When the Administration determines that additional information or documentation is required to process the application.

  (2) When the Administration determines whether to approve or deny the loan.

  (3) When the primary contact person managing the loan application has changed.
• 15 U.S.C. § 657j(c)(1)

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  (1) Not later than 90 days after November 25, 2015, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report relating to the creation of a web portal to the¹ track the status of applications for disaster assistance under section 636(b) of this title.
• 15 U.S.C. § 657j(c)(2)(F)

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  (F) such additional information as is determined necessary by the Administrator.
• 15 U.S.C. § 657k(a)

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  (a) The Administrator shall ensure that the Administration has in place a facility for disaster loan processing that, whenever the Administration’s primary facility for disaster loan processing becomes unavailable, is able to take over all disaster loan processing from that primary facility within 2 days.
• 15 U.S.C. § 657l(a)

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  (a) The Administrator shall develop, implement, or maintain a comprehensive written disaster response plan. The plan shall include the following:

  (1) For each region of the Administration, a description of the disasters most likely to occur in that region.

  (2) For each disaster described under paragraph (1)—

  (A) an assessment of the disaster;

  (B) an assessment of the demand for Administration assistance most likely to occur in response to the disaster;

  (C) an assessment of the needs of the Administration, with respect to such resources as information technology, telecommunications, human resources, and office space, to meet the demand referred to in subparagraph (B); and

  (D) guidelines pursuant to which the Administration will coordinate with other Federal agencies and with State and local authorities to best respond to the demand referred to in subparagraph (B) and to best use the resources referred to in that subparagraph.
• 15 U.S.C. § 657l(b)

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  (b) The first plan required by subsection (a) shall be completed not later than 180 days after the date of the enactment of this section. Thereafter, the Administrator shall update the plan on an annual basis and following any major disaster relating to which the Administrator declares eligibility for additional disaster assistance under section 636(b)(9) of this title.
• 15 U.S.C. § 657l(c)

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  (c) The Administrator shall carry out subsections (a) and (b) through an individual with substantial knowledge in the field of disaster readiness and emergency response.
• 15 U.S.C. § 657l(d)

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  (d) The Administrator shall include a report on the plan whenever the Administration submits the report required by section 657o of this title.
• 15 U.S.C. § 657m(a)

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  (a) The Administrator shall develop long-term plans to secure sufficient office space to accommodate an expanded workforce in times of disaster.
• 15 U.S.C. § 657m(b)

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  (b) The Administrator shall include a report on the plans developed under subsection (a) each time the Administration submits a report required under section 657o of this title.
• 15 U.S.C. § 657n(a)

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  (a) The Administrator shall carry out a program, to be known as the Immediate Disaster Assistance program, under which the Administration participates on a deferred (guaranteed) basis in 85 percent of the balance of the financing outstanding at the time of disbursement of the loan if such balance is less than or equal to $25,000 for businesses affected by a disaster.
• 15 U.S.C. § 657n(d)(2)

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  (2) A person who receives a loan guaranteed under subsection (a) and who is disapproved for a loan under subsection (b) or (c) of section 636 of this title, as the case may be, shall repay the loan guaranteed under subsection (a) not later than the date established by the Administrator, which may not be earlier than 10 years after the date on which the loan guaranteed under subsection¹ is disbursed.
• 15 U.S.C. § 657n(e)

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  (e) The Administrator shall ensure that each applicant for a loan under the program receives a decision approving or disapproving of the application within 36 hours after the Administration receives the application.
• 15 U.S.C. § 657o

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  Not later than 45 days after the end of a fiscal year, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the disaster assistance operations of the Administration for that fiscal year. The report shall—
• 15 U.S.C. § 657p(a)(1)

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  (1) the terms “Administration” and “Administrator” means the Small Business Administration and the Administrator thereof, respectively;
• 15 U.S.C. § 657p(b)(2)

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  (2) The task force shall consist of the Administrator, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury.
• 15 U.S.C. § 657p(b)(5)

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  (5) The Administrator shall ensure that links to information on the eligibility and enrollment requirements for the Medicaid program and State Children’s Health Insurance Program of each State are prominently displayed on the website of the Administration.
• 15 U.S.C. § 657p(b)(6)(A)

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  (A) Not later than 2 years after February 4, 2009, and every 2 years thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the status of the nationwide campaign conducted under paragraph (1).
• 15 U.S.C. § 657r(a)(1)

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  (1) The Administrator is authorized to establish a mentor-protege program for all small business concerns.
• 15 U.S.C. § 657r(a)(2)

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  (2) The mentor-protege program established under paragraph (1) shall be identical to the mentor-protege program of the Administration for small business concerns that participate in the program under section 637(a) of this title (as in effect on January 2, 2013), except that the Administrator may modify the program to the extent necessary given the types of small business concerns included as proteges.
• 15 U.S.C. § 657r(a)(3)

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  (3) During the period beginning on August 13, 2018, and ending on the date on which the Oversight Board established under section 2121 of title 48 terminates, the Administrator shall identify potential incentives to a covered mentor that awards a subcontract to its covered protege, including—

  (A) positive consideration in any past performance evaluation of the covered mentor; and

  (B) the application of costs incurred for providing training to such covered protege to the subcontracting plan (as required under paragraph (4) or (5) of section 637(d) of this title) of the covered mentor.
• 15 U.S.C. § 657r(a)(4)

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  (4) During the period beginning on January 1, 2021, and ending on the date that is 4 years after such date, the Administrator shall identify potential incentives to a covered territory mentor that awards a subcontract to its covered territory protege, including—

  (A) positive consideration in any past performance evaluation of the covered territory mentor; and

  (B) the application of costs incurred for providing training to such covered territory protege to the subcontracting plan (as required under paragraph (4) or (5) of section 637(d) of this title) of the covered territory mentor.
• 15 U.S.C. § 657r(b)(1)(A)

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  (A) the head of the department or agency submits a plan to the Administrator for the program; and
• 15 U.S.C. § 657r(b)(1)(B)

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  (B) the Administrator approves such plan.
• 15 U.S.C. § 657r(b)(2)

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  (2) The Administrator shall approve or disapprove a plan submitted under paragraph (1) based on whether the program proposed—

  (A) will assist proteges to compete for Federal prime contracts and subcontracts; and

  (B) complies with the regulations issued under paragraph (3).
• 15 U.S.C. § 657r(b)(3)

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  (3) Not later than 270 days after January 2, 2013, the Administrator shall issue, subject to notice and comment, regulations with respect to mentor-protege programs, which shall ensure that such programs improve the ability of proteges to compete for Federal prime contracts and subcontracts and which shall address, at a minimum, the following:

  (A) Eligibility criteria for program participants, including any restrictions on the number of mentor-protege relationships permitted for each participant, except that such restrictions shall not apply to up to 2 mentor-protege relationships if such relationships—

  (i) are between a covered protege and a covered mentor; or

  (ii) are between a covered territory protege and a covered territory mentor.

  (B) The types of developmental assistance to be provided by mentors, including how the assistance provided shall improve the competitive viability of the proteges.

  (C) Whether any developmental assistance provided by a mentor may affect the status of a program participant as a small business concern due to affiliation.

  (D) The length of mentor-protege relationships.

  (E) The effect of mentor-protege relationships on contracting.

  (F) Benefits that may accrue to a mentor as a result of program participation.

  (G) Reporting requirements during program participation.

  (H) Postparticipation reporting requirements.

  (I) The need for a mentor-protege pair, if accepted to participate as a pair in a mentor-protege program of any Federal department or agency, to be accepted to participate as a pair in all Federal mentor-protege programs.

  (J) Actions to be taken to ensure benefits for proteges and to protect a protege against actions by a mentor that—

  (i) may adversely affect the protege’s status as a small business concern; or

  (ii) provide disproportionate economic benefits to the mentor relative to those provided the protege.

  (K) The types of assistance provided by a mentor to assist with compliance with the requirements of contracting with the Federal Government after award of a contract or subcontract under this section.
• 15 U.S.C. § 657r(b)(4)(C)

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  (C) Until the date that is 1 year after the date on which the Administrator issues regulations under paragraph (3), any Federal department or agency operating a mentor-protege program in effect on January 2, 2013.
• 15 U.S.C. § 657r(c)(1)

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  (1) Not later than 2 years after January 2, 2013, and annually thereafter, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report that—

  (A) identifies each Federal mentor-protege program;

  (B) specifies the number of participants in each such program, including the number of participants that are—

  (i) small business concerns;

  (ii) small business concerns owned and controlled by service-disabled veterans;

  (iii) qualified HUBZone small business concerns;

  (iv) small business concerns owned and controlled by socially and economically disadvantaged individuals; or

  (v) small business concerns owned and controlled by women;

  (C) describes the type of assistance provided to proteges under each such program;

  (D) describes the benefits provided to mentors under each such program; and

  (E) describes the progress of proteges under each such program with respect to competing for Federal prime contracts and subcontracts.
• 15 U.S.C. § 657r(c)(2)

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  (2) The head of each Federal department or agency carrying out a mentor-protege program shall provide to the Administrator, on an annual basis, the information necessary for the Administrator to submit a report required under paragraph (1).
• 15 U.S.C. § 657r(d)(1)(B)

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  (B) satisfies any other requirements imposed by the Administrator.
• 15 U.S.C. § 657r(d)(3)(B)

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  (B) satisfies any other requirements imposed by the Administrator.
• 15 U.S.C. § 657r(f)

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  (f) Agencies operating mentor protege programs pursuant to subsection (b)(4)(C) shall submit the plans specified in subsection (b)(1)(A) to the Administrator within 6 months of the promulgation of rules required by subsection (b)(3). The Administrator shall provide initial comments on each plan within 60 days of receipt, and final approval or denial of each plan within 180 days after receipt.
• 15 U.S.C. § 657s(a)(4)(A)

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  (A) by the Administrator, after reviewing a determination by the applicable contracting officer that no small business manufacturer or processor can reasonably be expected to offer a product meeting the specifications (including period for performance) required by the contract; or
• 15 U.S.C. § 657s(a)(4)(B)

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  (B) by the Administrator for a product (or class of products), after determining that no small business manufacturer or processor is available to participate in the Federal procurement market.
• 15 U.S.C. § 657s(c)

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  (c) The Administrator may change, by rule (after providing notice and an opportunity for public comment), a percentage specified in paragraphs (1) through (4) of subsection (a) if the Administrator determines that such change is necessary to reflect conventional industry practices among business concerns that are below the numerical size standard for businesses in that industry category.
• 15 U.S.C. § 657s(d)(1)

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  (1) With respect to a category of contracts to which a requirement under subsection (a) does not apply, the Administrator is authorized to establish, by rule (after providing notice and an opportunity for public comment), a requirement that a covered small business concern may not expend on subcontractors more than a specified percentage of the amount paid to the concern under a contract in that category.
• 15 U.S.C. § 657s(d)(3)

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  (3) The Administrator shall establish, through public rulemaking, requirements similar to those specified in paragraph (1) to be applicable to contracts for general and specialty construction and to contracts for any other industry category not otherwise subject to the requirements of such paragraph. The percentage applicable to any such requirement shall be determined in accordance with paragraph (1).
• 15 U.S.C. § 657t(d)(2)(A)

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  (A) Notwithstanding any other requirements of the Office or the Administrator, the Administrator shall develop and implement a review report timeline which shall—

  (i) require the Administrator to—

  (I) deliver a written report of the review to the 7(a) lender not later than 60 business days after the date on which the review is concluded; or

  (II) if the Administrator expects to submit the report after the end of the 60-day period described in clause (i), notify the 7(a) lender of the expected date of submission of the report and the reason for the delay; and

  (ii) if a response by the 7(a) lender is requested in a report submitted under subparagraph (A), require the 7(a) lender to submit responses to the Administrator not later than 45 business days after the date on which the 7(a) lender receives the report.
• 15 U.S.C. § 657t(d)(2)(A)(i)

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  (i) require the Administrator to—

  (I) deliver a written report of the review to the 7(a) lender not later than 60 business days after the date on which the review is concluded; or

  (II) if the Administrator expects to submit the report after the end of the 60-day period described in clause (i), notify the 7(a) lender of the expected date of submission of the report and the reason for the delay; and
• 15 U.S.C. § 657t(d)(2)(A)(i)(II)

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  (II) if the Administrator expects to submit the report after the end of the 60-day period described in clause (i), notify the 7(a) lender of the expected date of submission of the report and the reason for the delay; and
• 15 U.S.C. § 657t(d)(2)(A)(ii)

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  (ii) if a response by the 7(a) lender is requested in a report submitted under subparagraph (A), require the 7(a) lender to submit responses to the Administrator not later than 45 business days after the date on which the 7(a) lender receives the report.
• 15 U.S.C. § 657t(d)(2)(B)

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  (B) The Administrator may extend the time frame described in subparagraph (A)(i)(II) with respect to a 7(a) lender as the Administrator determines necessary.
• 15 U.S.C. § 657t(f)

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  (f) Not later than 1 year after June 21, 2018, the Administrator shall issue regulations, after opportunity for notice and comment, to carry out subsection (e).
• 15 U.S.C. § 657t(g)

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  (g) During any period during which a 7(a) lender is suspended or otherwise prohibited from making loans under section 7(a) [15 U.S.C. 636(a)], the 7(a) lender shall remain obligated to maintain all servicing and liquidation activities delegated to the lender by the Administrator, unless otherwise specified by the Director.
• 15 U.S.C. § 657t(h)(2)(D)

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  (D) steps taken by the Administrator to mitigate the risks identified in subparagraphs (A), (B), and (C);
• 15 U.S.C. § 657t(i)

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  (i) The Director shall annually provide, in writing, a fiscal year budget submission for the Office and a justification for such submission to the Administrator. Such submission and justification shall—

  (1) include salaries and expenses of the Office and the charge for the lender oversight fees;

  (2) be submitted at or about the time of the budget submission by the President under section 1105(a) of title 31; and

  (3) be maintained in an indexed form and made available for public review for a period of not less than 5 years beginning on the date of submission and justification.
• 15 U.S.C. § 657u(b)

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  (b) The Committee shall consist of at least 8 members selected by the Administrator, of which—

  (1) 3 members shall be voting members, 2 of whom shall be career appointees in the Senior Executive Service (as defined in section 3132 of title 5); and

  (2) the remaining members shall be nonvoting members who shall serve in an advisory capacity on the Committee.
• 15 U.S.C. § 657u(c)(3)

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  (3) in carrying out paragraph (2) with respect to formal enforcement actions taken under subsection (d) or (e) of section 650 of this title, vote to recommend or not recommend action to the Administrator or a designee of the Administrator;
• 15 U.S.C. § 657u(c)(6)

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  (6) take such other actions and perform such other functions as may be delegated to the Committee by the Administrator.
• 15 U.S.C. § 657u(d)(2)

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  (2) The Committee shall submit to the Administrator a report detailing each meeting of the Committee, including if the Committee does or does not vote to approve a formal enforcement action of the Director of the Office of Credit Risk Management with respect to a lender.