mination that the gross domestic 
product of the United States has in-
creased for two consecutive quarters; 
and 
‘‘(ii) the number of loans provided 
under this subsection prior to such date in 
the fiscal year including such date is at 
least 30 percent less than the number of 
such loans provided prior to the same point 
in the previous fiscal year. 
‘‘(F) IMPLEMENTATION.—The Adminis-
trator shall establish a group of at least 250 in-
dividuals available to carry out activities under 
this paragraph on any date on which this para-
graph has effect under subparagraph (E). The 
Administrator shall provide to such group the 
training necessary to carry out activities under 
this paragraph. 
‘‘(G) APPLICATION
OF
OTHER
LAW.— 
Nothing in this paragraph shall be construed to 
exempt any activity of the Administrator under 
this paragraph from the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661 et seq.). 
‘‘(H) AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts made available 
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to carry out this subsection, there are author-
ized to be appropriated such sums as may be 
necessary to carry out this paragraph.’’. 
SEC. 13. LOANS TO FINANCE GOODWILL. 
Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)), as amended by this Act, is further amended by 
adding at the end the following: 
‘‘(41) GOODWILL.—The Administrator may not 
apply an application, processing, or approval stand-
ard to a loan for the purpose of financing goodwill 
under this subsection, unless such standard applies 
to all loans under this subsection.’’. 
SEC. 14. APPELLATE PROCESS AND OMBUDSMAN. 
The Small Business Act (15 U.S.C. 631 et seq.) is 
amended— 
(1) by redesignating section 44 as section 45; 
and 
(2) by inserting after section 43 the following: 
‘‘SEC. 44. APPELLATE PROCESS AND OMBUDSMAN. 
‘‘(a) APPELLATE PROCESS.— 
‘‘(1) IN GENERAL.—Not later than 270 days 
after the date of the enactment of the Small Busi-
ness Credit Expansion and Loan Markets Stabiliza-
tion Act of 2009, the Administrator shall establish 
an independent appellate process within the Admin-
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istration. The process shall be available to review 
material determinations made by the Administration 
that affect a lender or investment company that par-
ticipates or is applying to participate in a program 
administered by the Administration. 
‘‘(2) REVIEW
PROCESS.—In establishing the 
independent appellate process under paragraph (1), 
The Administrator shall ensure that— 
‘‘(A) any appeal of a material determina-
tion by the Administration is heard and result-
ing recommendations are provided expedi-
tiously; and 
‘‘(B) appropriate safeguards exist for pro-
tecting the appellant from retaliation by Admin-
istration employees. 
‘‘(3) COMMENT PERIOD.—Not later than 180 
days after the date of the enactment of the Small 
Business Credit Expansion and Loan Markets Sta-
bilization Act of 2009, the Administrator shall pro-
vide an opportunity for notice and comment on pro-
posed guidelines for the establishment of an inde-
pendent appellate process under this section. 
‘‘(b) AGENCY OMBUDSMAN.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of the Small 
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Business Credit Expansion and Loan Markets Sta-
bilization Act of 2009, the Administrator shall ap-
point an ombudsman. 
‘‘(2) DUTIES.—The ombudsman appointed in 
accordance with paragraph (1) shall— 
‘‘(A) act as a liaison between the Adminis-
tration and any lender or investment company 
that participates or is applying to participate in 
a program administered by the Administration 
with respect to a problem such entity may have 
in dealing with the Administration resulting 
from a material determination made by the Ad-
ministration; and 
‘‘(B) ensure that safeguards exist to en-
courage complainants to come forward and pre-
serve confidentiality. 
‘‘(c) OTHER AUTHORITY.—An individual carrying 
out the independent appellate process established under 
subsection (a) or the position of ombudsman established 
under subsection (b) is authorized to— 
‘‘(1) examine records and documents relating to 
a matter under review pursuant to such subsections; 
and 
‘‘(2) initiate the review of a matter under such 
subsections if such individual believes that Adminis-
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tration procedures have not been followed as in-
tended with respect to such matter, without regard 
to whether an appeal or complaint has been made. 
‘‘(d) LIMITATIONS.— 
‘‘(1) IN GENERAL.—An individual carrying out 
the independent appellate process established under 
subsection (a) or the position of ombudsman estab-
lished under subsection (b) may not, as a result of 
the authority provided under this section— 
‘‘(A) make, change, or set aside a law, pol-
icy, or administrative decision; 
‘‘(B) make binding decisions or determine 
rights; 
‘‘(C) directly compel an entity to imple-
ment the recommendations of such individual; 
or 
‘‘(D) accept jurisdiction over an issue that 
is pending in a legal forum. 
‘‘(2) RULE OF CONSTRUCTION.—Activities car-
ried out under this section may not be construed— 
‘‘(A) as a formal investigation, formal 
hearing, or binding decision; 
‘‘(B) as limiting any remedy or right of ap-
peal; 
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