(B) CONTENTS.—The compilation and evaluation under sub-
paragraph (A) shall— 
(i)(I) disclose the number of former program participants 
that are actively engaged in business operations; and 
(II) for those former program participants, separately de-
tail the benefits and costs that have accrued to the economy 
during the immediately preceding fiscal year due to the oper-
ations of the former program participants; 
(ii)(I) disclose the number of former program participants 
that have ceased or substantially curtailed business oper-
ations; and 
(II) describe the reasons for the cessation or curtailment; 
and 
(iii) disclose the number of former program participants 
that have been acquired by other business concerns or organi-
zations owned and controlled by other than socially and eco-
nomically disadvantaged individuals. 
(4) LIST OF PROGRAM PARTICIPANTS.—A report under subsection 
(a) shall include a list of all program participants that participated in 
the program during the preceding fiscal year that discloses, by State 
and by SBA region, for each program participant— 
(A) the name of the program participant; 
(B) the race or ethnicity and gender of the disadvantaged own-
ers; 
(C) the dollar value of all contracts received in the preceding 
year; 
(D) the dollar amount of advance payments received under con-
tracts awarded under the business development program; and 
(E) a description (including (if appropriate) an estimate of the 
dollar value) of all benefits received under sections 205111 and 
233127 of this title during the preceding year. 
(5) CONTRACT AND OPTION VALUE.—A report under subsection (a) 
shall include the total dollar value of contracts and options awarded 
under this chapter during the preceding fiscal year— 
(A) expressed as an absolute amount; 
(B) expressed as a percentage of total sales— 
(i) of all program participants during that year; and 
(ii) of program participants in each of the 9 years of pro-
gram participation; and 
(C) expressed, at such dollar increments as the Administrator 
considers appropriate, for each 6-digit North American Industry 
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Classification System code under which the contracts and options 
were classified. 
(6) ADDITIONAL RESOURCES OR AUTHORITIES.—A report under sub-
section (a) shall include a description of such additional resources or 
program authorities as may be required to provide the types of services 
needed over the next 2-year period to service the expected portfolio of 
program participants. 
§ 107108. Annual report on contract participation goals 
(a) REPORTING BY FEDERAL AGENCIES.—At the end of each fiscal year, 
the head of a Federal agency shall submit to the Administrator a report 
that— 
(1) describes the extent of participation in procurement contracts of 
the Federal agency during the fiscal year by— 
(A) small business concerns (excluding categories of small busi-
ness concern listed in subparagraphs (B) through (E)); 
(B) small business concerns owned and controlled by veterans 
(including small business concerns owned and controlled by serv-
ice-disabled veterans); 
(C) qualified HUBZone small business concerns; 
(D) small business concerns owned and controlled by socially 
and economically disadvantaged individuals; and 
(E) small business concerns owned and controlled by women; 
(2) states whether the Federal agency achieved the goals established 
for the Federal agency under subsection (b) of section 251106 of this 
title for the fiscal year; 
(3) describes any justifications for failure to meet the goals; and 
(4) includes a remediation plan with proposed new practices to better 
meet the goals, including an analysis of the factors that led to any fail-
ure to achieve the goals. 
(b) REPORT BY THE ADMINISTRATOR.—Not later than 60 days after all 
Federal agencies have submitted their reports under subsection (a) with re-
spect to a fiscal year, the Administrator shall submit to the President and 
Congress and make available on a public website a report that— 
(1) includes a copy of each report submitted to the Administrator 
under subsection (a); 
(2) makes a determination whether each goal established by the 
President under section 251106(a) of this title for the fiscal year was 
achieved; 
(3) makes a determination whether each goal established by the head 
of a Federal agency under section 251106(b) of this title for the fiscal 
year was achieved; 
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(4)(A) states the reasons for any failure to achieve a goal established 
under subsection (a) or (b) of section 251106 of this title for the fiscal 
year; and 
(B) describes actions planned by the Federal agency in question to 
address the failure under subsection (b) of section 251106 of this title, 
including the Administrator’s comments and recommendations on the 
proposed remediation plan; 
(5) for the Federal Government and each Federal agency, includes 
an analysis of the number and dollar amount of prime contracts award-
ed during the fiscal year to— 
(A) small business concerns (excluding categories of small busi-
ness concern listed in subparagraphs (B) through (E))— 
(i) in the aggregate; 
(ii) through sole source contracts; 
(iii) through competitions restricted to small business con-
cerns; and 
(iv) through unrestricted competition; 
(B) small business concerns owned and controlled by service-dis-
abled veterans— 
(i) in the aggregate; 
(ii) through sole source contracts; 
(iii) through competitions restricted to small business con-
cerns; 
(iv) through competitions restricted to small business con-
cerns owned and controlled by service-disabled veterans; and 
(v) through unrestricted competition; 
(C) qualified HUBZone small business concerns— 
(i) in the aggregate; 
(ii) through sole source contracts; 
(iii) through competitions restricted to small business con-
cerns; 
(iv) through competitions restricted to qualified HUBZone 
small business concerns; 
(v) through unrestricted competition in which a price eval-
uation preference was used; and 
(vi) through unrestricted competition in which a price eval-
uation preference was not used; 
(D)(i) small business concerns owned and controlled by socially 
and economically disadvantaged individuals— 
(I) in the aggregate; 
(II) through sole source contracts; 
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(III) through competitions restricted to small business con-
cerns; 
(IV) through competitions restricted to small business con-
cerns owned and controlled by socially and economically dis-
advantaged individuals; 
(V) through unrestricted competition; and 
(VI) by reason of that concern’s certification as a small 
business owned and controlled by socially and economically 
disadvantaged individuals; 
(ii) small business concerns owned by an Indian tribe (as de-
fined in section 231101 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 con-
cerns; 
(IV) through competitions restricted to small business con-
cerns owned and controlled by socially and economically dis-
advantaged individuals; and 
(V) through unrestricted competition; 
(iii) small business concerns owned by a Native Hawaiian Orga-
nization— 
(I) in the aggregate; 
(II) through sole source contracts; 
(III) through competitions restricted to small business con-
cerns; 
(IV) through competitions restricted to small business con-
cerns owned and controlled by socially and economically dis-
advantaged individuals; and 
(V) through unrestricted competition; 
(iv) small business concerns owned by an Alaska Native Cor-
poration— 
(I) in the aggregate; 
(II) through sole source contracts; 
(III) through competitions restricted to small business con-
cerns; 
(IV) through competitions restricted to small business con-
cerns owned and controlled by socially and economically dis-
advantaged individuals; and 
(V) through unrestricted competition; and 
(E) small business concerns owned and controlled by women— 
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(i) in the aggregate; 
(ii) through competitions restricted to small business con-
cerns; 
(iii) through competitions restricted using the authority 
under section 257102 of this title; 
(iv) through competitions restricted using the authority 
under subsection (a) of section 257102 of this title and in 
which the waiver authority under subsection (b) of that sec-
tion was used; 
(v) through sole source contracts awarded using the au-
thority under section 257106 of this title; 
(vi) through sole source contracts awarded using the au-
thority under section 257107 of this title; 
(vii) by industry for contracts described in clause (iii), (iv), 
(v), or (vi); and 
(viii) through unrestricted competition; and 
(6) for the Federal Government, to the extent that the information 
is publicly available through data systems developed under the Federal 
Funding Accountability and Transparency Act of 2006 (Public Law 
109–282, 31 U.S.C. 6101 note) or is otherwise available under sub-
section (c), the number, dollar amount, and distribution with respect 
to the North American Industry Classification System of subcontracts 
awarded during the fiscal year to— 
(A) small business concerns (excluding categories of small busi-
ness concern listed in subparagraphs (B) through (E)); 
(B) small business concerns owned and controlled by service-dis-
abled veterans (including small business concerns owned and con-
trolled by service-disabled veterans); 
(C) qualified HUBZone small business concerns; 
(D) small business concerns owned and controlled by socially 
and economically disadvantaged individuals; and 
(E) small business concerns owned and controlled by women. 
(c) PROCUREMENT DATA.— 
(1) FEDERAL PROCUREMENT DATA SYSTEM.— 
(A) IN GENERAL.—To assist in the implementation of this sec-
tion, sections 107106, 107121, and 107122 of this title, and chap-
ter 251 of this title, the Administrator shall have access to infor-
mation collected through the Federal Procurement Data System, 
Federal Subcontracting Reporting System, or any new or suc-
cessor system. 
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program to fraud, waste, and abuse, particularly with re-
spect to Federal agencies funding duplicative proposals 
and business concerns falsifying information in pro-
posals; and 
(ii) submit to the Committee on Small Business and Entre-
preneurship of the Senate, the Committee on Small Business 
and Committee on Science, Space, and Technology of the 
House of Representatives, and the head of each SBIR partici-
pating agency and STTR participating agency a report on the 
results of the study conducted under clause (i). 
(6) NATIONAL RESEARCH COUNCIL.— 
(A) STUDY AND RECOMMENDATIONS.—The head of each agency 
with a budget of more than $50,000,000 for its SBIR program 
for fiscal year 1999, in consultation with the Administrator, shall 
cooperatively enter into an agreement with the National Academy 
of Sciences for the National Research Council to— 
(i) conduct a comprehensive study of how the SBIR pro-
gram has stimulated technological innovation and used small 
businesses to meet Federal research and development needs, 
including— 
(I) a review of the value to the Federal research agen-
cies of the research projects being conducted under the 
SBIR program, and of the quality of research being con-
ducted by small businesses participating under the SBIR 
program, including a comparison of the value of projects 
conducted under the SBIR program with those funded 
by other Federal research and development expenditures; 
(II) to the extent practicable, an evaluation of the eco-
nomic benefits achieved by the SBIR program, including 
the economic rate of return, and a comparison of the 
economic benefits, including the economic rate of return, 
achieved by the SBIR program with the economic bene-
fits, including the economic rate of return, of other Fed-
eral research and development expenditures; 
(III) an evaluation of the noneconomic benefits 
achieved by the SBIR program over the life of the pro-
gram; 
(IV) a comparison of the allocation for fiscal year 
2000 of Federal research and development funds to 
small businesses with that allocation for fiscal year 1983, 
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exports, based on the most recent data available from the Depart-
ment of Commerce; and 
(D) such additional information as the Administrator deter-
mines is appropriate. 
§ 107114. Annual report on historical trends of the small 
business sector 
The Administrator shall publish annually a report giving a comparative 
analysis and interpretation of the historical trends of the small business sec-
tor as reflected by the data acquired under section 103203 of this title. 
§ 107115. Biennial report on accredited lenders program 
The Administrator shall biennially 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 implementation 
of section 331107 of this title that includes data on the number of qualified 
development companies (as defined in section 331101 of this title) des-
ignated as accredited lenders, their debenture guarantee volume, their loss 
rates, the average processing time on their guarantee applications, and such 
other information as the Administrator considers appropriate. 
§ 107116. Annual report on premier certified lenders pro-
gram 
(a) IN GENERAL.—The Administrator shall annually submit to the Com-
mittee on Small Business and Entrepreneurship of the Senate and the Com-
mittee on Small Business of the House of Representatives a report on the 
implementation of section 331108 of this title. 
(b) CONTENTS.—A report under subsection (a) shall include— 
(1) the number of certified development companies designated as 
premier certified lenders; 
(2) the debenture guarantee volume of those certified development 
companies; 
(3) a comparison of the loss rate of premier certified lenders with 
the loss rate of accredited lenders under section 331107 of this title 
and the loss rate of other certified development companies under chap-
ter 331, specifically comparing default rates and recovery rates on liq-
uidations; and 
(4) such other information as the Administrator considers appro-
priate. 
§ 107117. Annual report on foreclosure and liquidation of 
loans under the certified development company 
program 
(a) IN GENERAL.—Based on information provided by qualified develop-
ment companies (as defined in section 331101 of this title) and SBA, the 
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100 
Administrator shall annually 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 delegation of au-
thority under section 331109 of this title. 
(b) CONTENTS.—A report under subsection (a)— 
(1) shall disclose, with respect to each loan foreclosed or liquidated 
by a qualified development company under section 331109 of this title, 
or for which losses were otherwise mitigated by the qualified develop-
ment company pursuant to a workout plan under that section— 
(A) the total cost of the project financed with the loan; 
(B) the total original dollar amount guaranteed by the Adminis-
trator; 
(C) the total dollar amount of the loan at the time of liquida-
tion, foreclosure, or mitigation of loss; 
(D) the total dollar losses resulting from the liquidation, fore-
closure, or mitigation of loss; and 
(E) the total recoveries resulting from the liquidation, fore-
closure, or mitigation of loss, both as a percentage of the amount 
guaranteed and the total cost of the project financed; 
(2) shall disclose, with respect to each qualified development com-
pany to which authority is delegated under section 331109 of this title, 
the totals of each of the amounts described in subparagraphs (A) to 
(E) of paragraph (1); 
(3) shall disclose, with respect to all loans subject to foreclosure, liq-
uidation, or mitigation under section 331109 of this title, the totals of 
each of the amounts described in subparagraphs (A) to (E) of para-
graph (1); 
(4) include a comparison between— 
(A) the information provided under paragraph (3) with respect 
to the 12-month period preceding the date on which the report is 
submitted; and 
(B) the same information with respect to loans foreclosed and 
liquidated, or otherwise treated, by the Administrator during the 
same period; and 
(5)(A) shall disclose the number of times that the Administrator has 
failed to— 
(i) approve or reject a liquidation plan in accordance with sec-
tion 331109(c)(2)(A)(ii) of this title or a workout plan in accord-
ance with section 331109(c)(2)(C)(ii) of this title; or 
(ii) approve or deny a request for purchase of indebtedness 
under section 331109(c)(2)(B)(ii) of this title; and 
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101 
(B) include specific information regarding— 
(i) the reasons for the Administrator’s failure; and 
(ii) any delays that resulted. 
§ 107118. Reports on disaster assistance 
(a) DEFINITIONS.—In this section: 
(1) MAJOR DISASTER UPDATE PERIOD.—The term ‘‘major disaster 
update period’’, with respect to a major disaster, means the period be-
ginning on the date on which the President declares the major disaster 
(including any extraordinary disaster) and ending on the date on which 
the declaration terminates. 
(2) STATE.—The term ‘‘State’’ means a State of the United States, 
the District of Columbia, Puerto Rico, the Northern Mariana Islands, 
the Virgin Islands, Guam, American Samoa, and any territory or pos-
session of the United States. 
(b) MONTHLY ACCOUNTING REPORTS FOR MAJOR DISASTERS.— 
(1) REPORTING REQUIREMENTS.—Not later than the 5th 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 Committee on Appropriations of the Senate 
and the Committee on Small Business and Committee on Appropria-
tions of the House of Representatives a report on the operation of the 
disaster assistance programs for that major disaster during the pre-
ceding month. 
(2) CONTENTS.—A report under paragraph (1) shall include— 
(A)(i) the daily average lending volume, in number of loans and 
dollars, of each category of loan; and 
(ii) the percentage by which each category has increased or de-
creased since the previous report; 
(B)(i) the weekly average lending volume, in number of loans 
and dollars, of each category of loan; and 
(ii) the percentage by which each category has increased or de-
creased since the previous report; 
(C)(i) the amount of funding spent over the month for each cat-
egory of loan, both in amount of appropriations and in program 
level; and 
(ii) the percentage by which each category has increased or de-
creased since the previous report; 
(D)(i) the amount of funding available for loans, in amount of 
appropriations and in program level, for each category of loan; and 
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102 
(ii) the percentage by which each category has increased or de-
creased since the previous report, noting the source of any addi-
tional funding; 
(E) an estimate of how long the available funding for loans will 
last, based on the spending rate; 
(F)(i) the amount of funding spent over the month for staff en-
gaged in the operation of the disaster assistance programs; 
(ii) the number of staff engaged in the operation of the disaster 
assistance programs; and 
(iii) the percentage by which the funding and number of staff 
engaged in the operation of the disaster assistance programs have 
increased or decreased since the previous report; 
(G)(i) the amount of funding spent over the month for adminis-
trative costs of the disaster assistance programs; and 
(ii) the percentage by which spending for those administrative 
costs has increased or decreased since the previous report; 
(H)(i) the amount of funding available for salaries and expenses 
combined for operation of the disaster assistance programs; and 
(ii) the percentage by which that funding has increased or de-
creased since the previous report, noting the source of any addi-
tional funding; and 
(I) an estimate of how long the available funding for those sala-
ries and expenses will last, based on the spending rate. 
(c) WEEKLY DISASTER UPDATES FOR MAJOR DISASTERS.— 
(1) IN GENERAL.—Each week during a major disaster update period, 
the Administrator shall submit to the Committee on Small Business 
and Entrepreneurship of the Senate and the Committee on Small Busi-
ness of the House of Representatives a report on the operation of the 
disaster assistance programs for the major disaster area. 
(2) CONTENTS.—A report under paragraph (1) shall include— 
(A)(i) the number of SBA staff performing loan processing, 
field inspection, and other duties for the major disaster; and 
(ii) the allocations of the staff in the disaster field offices, dis-
aster recovery centers, workshops, and other SBA offices nation-
wide; 
(B)(i) the daily number of applications received from applicants 
in the major disaster area; and 
(ii) a breakdown of that number by State; 
(C)(i) the daily number of applications pending application 
entry from applicants in the major disaster area; and 
(ii) a breakdown of that number by State; 
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103 
(D)(i) the daily number of applications withdrawn by applicants 
in the major disaster area; and 
(ii) a breakdown of that number by State; 
(E)(i) the daily number of applications summarily declined by 
the Administrator from applicants in the major disaster area; and 
(ii) a breakdown of that number by State; 
(F)(i) the daily number of applications declined by the Adminis-
trator from applicants in the major disaster area; and 
(ii) a breakdown of that number by State; 
(G)(i) the daily number of applications in process from appli-
cants in the major disaster area; and 
(ii) a breakdown of that number by State; 
(H)(i) the daily number of applications approved by the Admin-
istrator from applicants in the major disaster area; and 
(ii) a breakdown of that number by State; 
(I)(i) the daily dollar amount of applications approved by the 
Administrator from applicants in the major disaster area; and 
(ii) a breakdown of that number by State; 
(J)(i) the daily number of loans disbursed, both partially and 
fully, by the Administrator to applicants in the major disaster 
area; and 
(ii) a breakdown of that number by State; 
(K)(i) the daily dollar amount of loans disbursed, both partially 
and fully, to applicants in the major disaster area; and 
(ii) a breakdown of that number by State; 
(L) the number of applications approved, including dollar 
amount approved, and applications partially and fully disbursed, 
including dollar amounts, since the last report under paragraph 
(1); and 
(M)(i) the declaration date, physical damage closing date, and 
economic injury closing date for the major disaster; and 
(ii) the number of counties in the major disaster area. 
(d) PERIODS WHEN ADDITIONAL DISASTER ASSISTANCE IS MADE 
AVAILABLE.— 
(1) IN GENERAL.—During any period for which the Administrator 
declares eligibility for additional disaster assistance under section 
221108 of this title, the Administrator shall, on a monthly basis, sub-
mit to the Committee on Small Business and Entrepreneurship of the 
Senate and the Committee on Small Business of the House of Rep-
resentatives a report on the disaster assistance operations of the Ad-
ministrator with respect to the applicable major disaster. 
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104 
(2) CONTENTS.—A report under paragraph (1) shall specify— 
(A) the number of applications for disaster assistance distrib-
uted; 
(B) the number of applications for disaster assistance received; 
(C) the average time for the Administrator to approve or dis-
approve an application for disaster assistance; 
(D) the number of disaster loans approved; 
(E) the average time for initial disbursement of disaster loan 
proceeds; and 
(F) the dollar amount of disaster loan proceeds disbursed. 
(e) NOTICE OF NEED FOR SUPPLEMENTAL FUNDS.—On the date on 
which the Administrator notifies any committee of the Senate or the House 
of Representatives that supplemental funding is necessary for the disaster 
assistance programs in any fiscal year, the Administrator shall notify in 
writing the Committee on Small Business and Entrepreneurship of the Sen-
ate and the Committee on Small Business of the House of Representatives 
regarding the need for supplemental funds for the disaster assistance pro-
grams. 
(f) REPORT ON CONTRACTING.— 
(1) IN GENERAL.—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 dis-
aster is declared, 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 
Federal contracts awarded as a result of the major disaster. 
(2) CONTENTS.—A report under paragraph (1) shall include— 
(A) the number of contracts awarded as a result of the major 
disaster; 
(B) the number of contracts awarded to small business concerns 
as a result of the major disaster; 
(C) the number of contracts awarded to women-owned business 
concerns and minority-owned business concerns as a result of the 
major disaster; and 
(D) the number of contracts awarded to business concerns local 
to the major disaster area as a result of the major disaster. 
(g) ANNUAL REPORTS ON DISASTER ASSISTANCE.— 
(1) IN GENERAL.—Not later than 45 days after the end of a fiscal 
year, the Administrator shall submit to the Committee on Small Busi-
ness and Entrepreneurship of the Senate and the Committee on Small 
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142 
§ 205114. Export express program 
(a) IN GENERAL.—The Administrator may guarantee the timely payment 
of an express loan to a small business concern made for an export develop-
ment activity. 
(b) LEVEL OF PARTICIPATION.— 
(1) MAXIMUM AMOUNT.—The maximum amount of an express loan 
guaranteed under this section shall be $500,000. 
(2) PERCENTAGE.—For an express loan guaranteed under this sec-
tion, the Administrator shall guarantee— 
(A) 90 percent of a loan that is not more than $350,000; and 
(B) 75 percent of a loan that is more than $350,000 and not 
more than $500,000. 
Chapter 
207—Small 
Business 
Lending 
Companies and Non-Federally Regulated 
Lenders 
Sec. 
207101.
Authority to regulate. 
207102.
Capital directive. 
207103.
Civil action. 
207104.
Revocation or suspension of loan authority; cease and desist orders. 
207105.
Removal or suspension of management officials. 
207106.
Appointment of receiver. 
207107.
Taking of possession of assets. 
207108.
Reports. 
§ 207101. Authority to regulate 
The Administrator— 
(1) may supervise the safety and soundness of small business lending 
companies and non-federally regulated lenders; 
(2) in accordance with the purposes of this subtitle, may— 
(A) regulate small business lending companies; 
(B) set capital standards for small business lending companies; 
(C) examine small business lending companies; and 
(D) enforce laws governing small business lending companies; 
and 
(3) in accordance with the purposes of this subtitle, may— 
(A) regulate non-federally regulated lenders; 
(B) examine non-federally regulated lenders; and 
(C) enforce laws governing the lending activities of non-federally 
regulated lenders under the general business loan program. 
§ 207102. Capital directive 
(a) IN GENERAL.—If the Administrator determines that a small business 
lending company is being operated in an imprudent manner, the Adminis-
trator may, in addition to any other action authorized by law, issue a direc-
tive to the small business lending company to increase capital to such level 
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