[House Report 115-655] [From the U.S. Government Publishing Office] 115th Congress } { Report HOUSE OF REPRESENTATIVES 2d Session } { 115-655 ====================================================================== SMALL BUSINESS 7(A) LENDING OVERSIGHT REFORM ACT OF 2018 _______ April 26, 2018.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______ Mr. Chabot, from the Committee on Small Business, submitted the following R E P O R T [To accompany H.R. 4743] The Committee on Small Business, to whom was referred the bill (H.R. 4743) to amend the Small Business Act to strengthen the Office of Credit Risk Management within the Small Business Administration, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. CONTENTS Page I. Purpose and Bill Summary........................................6 II. Background and the Need for Legislation.........................6 III. Hearings........................................................8 IV. Committee Consideration.........................................9 V. Committee Votes.................................................9 VI. Section-by-Section Analysis of H.R. 4743.......................13 VII. Congressional Budget Office Cost Estimate......................16 VIII. Unfunded Mandates..............................................16 IX. New Budget Authority, Entitlement Authority and Tax Expenditure16 X. Oversight Findings.............................................16 XI. Statement of Constitutional Authority..........................16 XII. Congressional Accountability Act...............................16 XIII. Federal Advisory Committee Statement...........................17 XIV. Statement of No Earmarks.......................................17 XV. Statement of Duplication of Federal Programs...................17 XVI. Disclosure of Directed Rule Makings............................17 XVII. Performance Goals and Objectives...............................17 XVIII.Changes in Existing Law Made by the Bill, as Reported..........17 The amendment is as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business 7(a) Lending Oversight Reform Act of 2018''. SEC. 2. DEFINITIONS. In this Act, the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively. SEC. 3. CODIFICATION OF THE OFFICE OF CREDIT RISK MANAGEMENT AND THE LENDER OVERSIGHT COMMITTEE. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 49; and (2) by inserting after section 46 the following new sections: ``SEC. 47. OFFICE OF CREDIT RISK MANAGEMENT. ``(a) Establishment.--There is established within the Administration the Office of Credit Risk Management (in this section referred to as the `Office'). ``(b) Duties.--The Office shall be responsible for supervising-- ``(1) any lender making loans under section 7(a) (in this section referred to as a `7(a) lender'); ``(2) any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; and ``(3) any small business lending company or a non-Federally regulated lender without regard to the requirements of section 23. ``(c) Director.-- ``(1) In general.--The Office shall be headed by the Director of the Office of Credit Risk Management (in this section referred to as the `Director'), who shall be a career appointee in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). ``(2) Duties.--The Director shall be responsible for oversight of the lenders and participants described in subsection (b), including by conducting periodic reviews of the compliance and performance of such lenders and participants. ``(d) Supervision Duties for 7(a) Lenders.--With respect to 7(a) lenders, an employee of the Office shall-- ``(1) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and ``(2) supervise any such review that is not conducted on the premise of the 7(a) lender. ``(e) Enforcement Authority Against 7(a) Lenders.-- ``(1) Informal enforcement authority.--The Director may take an informal enforcement action against a 7(a) lender if the Director finds that the 7(a) lender has violated a statutory or regulatory requirement under section 7(a) or any requirement in a Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access. ``(2) Formal enforcement authority.-- ``(A) In general.--With the approval of the Lender Oversight Committee established under section 48, the Director may take a formal enforcement action against any 7(a) lender if the Director finds that the 7(a) lender has violated-- ``(i) a statutory or regulatory requirement under section 7(a), including a requirement relating to credit elsewhere; or ``(ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice, related to a program or function of the Office of Capital Access. ``(B) Enforcement actions.--An enforcement action imposed on a 7(a) lender by the Director under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the 7(a) lender in an amount that is not greater than $250,000. ``(3) Appeal by lender.--A 7(a) lender may appeal an enforcement action imposed by the Director described in this subsection to the Office of Hearings and Appeals established under section 5(i) or to an appropriate district court of the United States. ``(f) Regulations.--Not later than 1 year after the date of the enactment of this section, the Administrator shall issue regulations, after opportunity for notice and comment, to carry out subsection (e). ``(g) Servicing and Liquidation Responsibilities.--During any period during which a 7(a) lender is suspended or otherwise prohibited from making loans under section 7(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. ``(h) Portfolio Risk Analysis of 7(a) Loans.-- ``(1) In general.--The Director shall annually conduct a risk analysis of the portfolio of the Administration with respect to all loans guaranteed under section 7(a). ``(2) Report to congress.--On December 1, 2018, and every December 1 thereafter, the Director shall submit to Congress a report containing the results of each portfolio risk analysis conducted under paragraph (1) during the fiscal year preceding the submission of the report, which shall include-- ``(A) an analysis of the overall program risk of loans guaranteed under section 7(a); ``(B) an analysis of the program risk, set forth separately by industry concentration; ``(C) without identifying individual 7(a) lenders by name, a consolidated analysis of the risk created by the individual 7(a) lenders responsible for not less than 1 percent of the gross loan approvals set forth separately for the year covered by the report by-- ``(i) the dollar value of the loans made by such 7(a) lenders; and ``(ii) the number of loans made by such 7(a) lenders; ``(D) steps taken by the Administrator to mitigate the risks identified in subparagraphs (A), (B), and (C); ``(E) the number of 7(a) lenders, the number of loans made, and the gross and net dollar amount of loans made; ``(F) the number and dollar amount of total losses, the number and dollar amount of total purchases, and the percentage and dollar amount of recoveries at the Administration; ``(G) the number and type of enforcement actions recommended by the Director; ``(H) the number and type of enforcement actions approved by the Lender Oversight Committee established under section 48; ``(I) the number and type of enforcement actions disapproved by the Lender Oversight Committee; and ``(J) the number and dollar amount of civil monetary penalties assessed. ``(i) Budget Submission and Justification.--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. ``SEC. 48. LENDER OVERSIGHT COMMITTEE. ``(a) Establishment.--There is established within the Administration the Lender Oversight Committee (in this section referred to as the `Committee'). ``(b) Membership.--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, United States Code); and ``(2) the remaining members shall be nonvoting members who shall serve in an advisory capacity on the Committee. ``(c) Duties.--The Committee shall-- ``(1) review reports on lender oversight activities; ``(2) review formal enforcement action recommendations of the Director of the Office of Credit Risk Management with respect to any lender making loans under section 7(a) and any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; ``(3) in carrying out paragraph (2) with respect to formal enforcement actions taken under subsection (d) or (e) of section 23, vote to recommend or not recommend action to the Administrator or a designee of the Administrator; ``(4) in carrying out paragraph (2) with respect to any formal enforcement action not specified under subsection (d) or (e) of section 23, vote to approve, disapprove, or modify the action; ``(5) review, in an advisory capacity, any lender oversight, portfolio risk management, or program integrity matters brought by the Director; and ``(6) take such other actions and perform such other functions as may be delegated to the Committee by the Administrator. ``(d) Meetings.-- ``(1) In general.--The Committee shall meet as necessary, but not less frequently than on a quarterly basis. ``(2) Reports.--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.''. (b) Supervision Duties for 7(a) Lenders.--Effective January 1, 2019, subsection (d) of section 47 (as added by subsection (a)) is amended to read as follows: ``(d) Supervision Duties for 7(a) Lenders.-- ``(1) Reviews.--With respect to 7(a) lenders, an employee of the Office shall-- ``(A) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and ``(B) supervise any such review that is not conducted on the premise of the 7(a) lender. ``(2) Review report timeline.-- ``(A) In general.--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. ``(B) Extension.--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.''. (c) Transfer of Functions.-- (1) Office of credit risk management.--All functions of the Office of Credit Risk Management of the Small Business Administration, including the personnel, assets, and obligation of the Office of Credit Risk Management, as in existence on the day before the date of the enactment of this Act, shall be transferred to the Office of Credit Risk Management established under section 47 of the Small Business Act, as added by subsection (a). (2) Lender oversight committee.--All functions of the Lender Oversight Committee of the Small Business Administration, including the personnel, assets, and obligations of the Lender Oversight Committee, as in existence on the day before the date of the enactment of this Act, shall be transferred to the Lender Oversight Committee established under section 48 of the Small Business Act, as added by subsection (a). (d) Deeming of Name.-- (1) Office of credit risk management.--Any reference in a law, regulation, guidance, document, paper, or other record of the United States to the Office of Credit Risk Management of the Small Business Administration shall be deemed a reference to the Office of Credit Risk Management, established under section 47 of the Small Business Act, as added by subsection (a). (2) Lender oversight committee.--Any reference in a law, regulation, guidance, document, paper, or other record of the United States to the Lender Oversight Committee of the Small Business Administration shall be deemed a reference to the Lender Oversight Committee, established under section 48 of the Small Business Act, as added by subsection (a). (e) Technical Amendment.--Section 3(r)(2) of the Small Business Act (15 U.S.C. 632(r)(2)) is amended by striking ``regulated SBA lender'' each place it appears in heading and text and inserting ``regulated lender''. SEC. 4. DEFINITION OF CREDIT ELSEWHERE. (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by striking section 3(h) (15 U.S.C. 632(h)) and inserting the following: ``(h) The term `credit elsewhere' means-- ``(1) for the purposes of this Act (except as used in section 7(b)), the availability of credit on reasonable terms and conditions to the individual loan applicant from non-Federal, non-State, or non-local government sources, considering factors associated with conventional lending practices, including-- ``(A) the business industry in which the loan applicant operates; ``(B) whether the loan applicant is an enterprise that has been in operation for a period of not more than 2 years; ``(C) the adequacy of the collateral available to secure the requested loan; ``(D) the loan term necessary to reasonably assure the ability of the loan applicant to repay the debt from the actual or projected cash flow of the business; and ``(E) any other factor relating to the particular credit application, as documented in detail by the lender, that cannot be overcome except through obtaining a Federal loan guarantee under prudent lending standards; and ``(2) for the purposes of section 7(b), the availability of credit on reasonable terms and conditions from non-Federal sources taking into consideration the prevailing rates and terms in the community in or near where the applicant business concern transacts business, or the applicant homeowner resides, for similar purposes and periods of time.''; and (2) in section 7(a)(1)(A)(i) (15 U.S.C. 636(a)(1)(A)(i)), by inserting ``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.'' before ``No financial assistance''. (b) Technical Amendment.--Section 18(b) of the Small Business Act (15 U.S.C. 647(b)) is amended to read as follows: ``(b) As used in this Act, the term `agricultural enterprises' means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.''. SEC. 5. AUTHORITY FOR ADMINISTRATOR TO INCREASE AMOUNT FOR GENERAL BUSINESS LOANS. Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended-- (1) by redesignating subsection (j) as subsection (f); and (2) by adding at the end the following new subsection: ``(g) Authority To Increase Amount of General Business Loans.-- ``(1) In general.--With respect to fiscal year 2018 and each fiscal year thereafter, if the Administrator determines that the amount of commitments by the Administrator for general business loans authorized under section 7(a) for a fiscal year could exceed the limit on the total amount of commitments the Administrator may make for those loans under this Act, an appropriations Act, or any other provision of law, the Administrator may make commitments for those loans for that fiscal year in an aggregate amount equal to not more than 115 percent of that limit. ``(2) Approval required before exercising authority.-- ``(A) In general.--Not later than 15 days before the date on which the Administrator intends to exercise the authority under paragraph (1), the Administrator shall submit notice of intent to exercise the authority to-- ``(i) the Committee on Small Business and Entrepreneurship and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the Senate; and ``(ii) the Committee on Small Business and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the House of Representatives. ``(B) Approval.--The Administrator may not exercise the authority under paragraph (1) unless such exercise of authority has been approved, in writing, by the Committee on Appropriations and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Appropriations and the Committee on Small Business of the House of Representatives. ``(3) Limitation.--The Administrator shall not exercise the authority under paragraph (1) more than once during any fiscal year.''. SEC. 6. ESTABLISHING A PROCESS FOR WAIVERS. (a) In General.--If the Administrator exercises statutory or regulatory authority to waive a regulation or a requirement in the Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access of the Administration, the waiver shall be in writing and be maintained in an indexed form. (b) No New Waiver Authority.--Nothing in subsection (a) shall be construed as creating new authority for the Administrator to waive regulations of the Administration. I. Purpose and Bill Summary Small businesses, entrepreneurs, and startups often have the creativity to turn their dreams into reality, but regularly face obstacles when it comes to financing their endeavors. Many of the nation's smallest firms simply lack the qualifications, such as collateral, required for conventional bank lending. However, creditworthy firms that have plans in place to grow have the opportunity to apply to one of the United States Small Business Administration's (SBA) capital access programs. SBA's largest lending program is the 7(a) Loan Program which does not provide direct loans to borrowers; rather, SBA guarantees the repayment of the loans made by financial institutions. The program requires participants to meet, through its Credit Elsewhere Test, eligibility standards that prohibit participation by borrowers who can utilize traditional bank lending. Because lenders are charged fees to run the program and cover any losses, SBA's 7(a) Loan Program currently runs on a zero-cost subsidy to American taxpayers. Recent rapid growth in the program has prompted a more thorough examination of the tools available at SBA to ensure comprehensive lender oversight is accomplished. From a lack of transparency in SBA's oversight budget to underwhelming review processes to an uneven treatment of the Credit Elsewhere Test, significant changes are needed to safeguard the 7(a) Loan Program for small businesses that truly need it. After multiple Congressional hearings, H.R. 4743, the Small Business 7(a) Lending Oversight Reform Act of 2018, was introduced. It will increase SBA's oversight capabilities to ensure the integrity of the program for small businesses while protecting American taxpayer dollars. II. Background and Need for Legislation Since the end of the Great Recession in the summer of 2009,\1\ the United States economy has slowly been improving.\2\ Recent economic trends indicate business confidence. Despite promising macroeconomic conditions, the lending and financial environment continue to remain stagnant for businesses.\3\ For small businesses, which regularly utilize commercial bank borrowing for expansion projects and other endeavors, a tepid lending environment is troubling. With capital options limited, small businesses often turn to the SBA and its numerous capital access programs to finance their undertakings. --------------------------------------------------------------------------- \1\Robert Rich, Federal Reserve Bank of New York, The Great Recession, Federal Reserve History (2013), available at https:// www.federalreservehistory.org/essays/great_recession_of_200709. \2\https://fred.stlouisfed.org/series/A191RL1Q225SBEA. \3\https://fred.stlouisfed.org/series/CILACBQ158SBOG. --------------------------------------------------------------------------- As a way to bridge the lending gaps that exist in the marketplace for the nation's smallest firms, the SBA administers the 7(a) Loan Program whereby loan proceeds can be used for general business purposes. The program does not provide direct loans to participating small businesses; rather, SBA guarantees the repayment of loans made by lenders. The maximum loan a small business can acquire is $5 million and the guarantee percentage ranges from 75 to 85 percent based on the loan amount. The SBA charges lenders an upfront fee to run the loan program and cover any losses to protect the American taxpayer in accordance to the 1990 Federal Credit Reform Act (FCRA).\4\ While varying depending on loan size, the maximum fee is capped at 3.75 percent.\5\ Additionally, SBA charges lenders an ongoing guarantee fee that is equal to 0.55 percent of the unpaid balance of the guaranteed portion of the loan.\6\ In previous years, the program has relied on a subsidy from Congress to operate the program. However, because the fees have been sufficient, the program has been running on a zero subsidy cost to the American taxpayer for the last five fiscal years, including FY 2018.\7\ --------------------------------------------------------------------------- \4\For any government loan program, FCRA requires an agency to collect an appropriation or fee to cover the cost of the program. For the 7(a) Loan Program, SBA charges lenders guarantee fees depending upon the loan amount. 2 U.S.C. Sec. 661. \5\15 U.S.C. Sec. 636(a)(18)(A). \6\Id. at Sec. 636(a)(23). \7\For FY 2014, SBA requested zero subsidy. SBA, FY 2014 Congressional Budget Justification and FY 2012 Annual Performance Report 36. For FY 2015, SBA requested zero subsidy. SBA, FY 2015 Congressional Budget Justification and FY 2013 Annual Performance Report 35. For FY 2016, SBA requested zero subsidy. SBA, FY 2016 Congressional Budget Justification and FY 2014 Annual Performance Report 39. For FY 2017, SBA requested zero subsidy. SBA, FY 2017 Congressional Budget Justification and FY 2015 Annual Performance Report 37. For FY 2018, SBA requested zero subsidy. SBA, FY 2018 Congressional Budget Justification and FY 2016 Annual Performance Report 28. --------------------------------------------------------------------------- In recent years, the 7(a) Loan Program has witnessed rapid growth. In FY 2012, the program approved $15.2 billion in loans,\8\ while FY 2017 saw the program approve $25.4 billion in loans.\9\ As loan approvals continue to climb, the 7(a) Loan Program has also continuously reached its authorized lending authority limit. The lending authority limit sets a maximum level for the amount of lending that can be administered through the 7(a) Loan Program. The lending cap was recently reached during FY 2015, when the program was set at $18.75 billion. Through the Veterans Entrepreneurship Act of 2015, Congress raised the limit\10\ and subsequently required more detailed lending statistics in order to inform Congress on the limit and activity levels moving forward.\11\ The FY 2018 lending authorization is $29 billion.\12\ --------------------------------------------------------------------------- \8\SBA, FY 2018 CONGRESSIONAL BUDGET JUSTIFICATION AND FY 2016 ANNUAL PERFORMANCE REPORT 27. \9\SBA, SBA Lending Activity in FY17 Shows Consistent Growth (2017), available at https://www.sba.gov/about-sba/sba-newsroom/press- releases-media-advisories/sba-lending-activity-fy17-shows-consistent- growth. \10\Pub. L. No. 114-38 (2015). \11\Id. at Sec. (4)(c). \12\Pub. L. No. 115-141 (2018). --------------------------------------------------------------------------- Within SBA and under the Office of Capital Access, the Office of Credit Risk Management (OCRM) is charged with overseeing SBA's lending programs.\13\ Through a combination of monitoring and enforcement actions, OCRM ensures the lending partners that are interacting with the nation's small businesses are operating in a prudent manner. Additionally, many of the guiding rules for the 7(a) Loan Program live in SBA's standard operating procedures (SOP). --------------------------------------------------------------------------- \13\``The Office of Credit Risk Management's mission is to maximize the efficiency of SBA's lending programs by effectively managing program credit risk, monitoring lender performance, and enforcing lending program requirements.'' https://www.sba.gov/offices/ headquarters/ocrm. --------------------------------------------------------------------------- With regard to monitoring, OCRM concentrates on numerous areas including portfolio performance, credit quality, compliance with loan program requirements and risk metrics.\14\ It is important to note that not all monitoring of a lending partner is the same. SBA determines its level of engagement based on the risk profile of the lender with large dollar lenders subject to heightened observation.\15\ SBA also utilizes on-site and off-site reviews to obtain the critical oversight information of their lenders. --------------------------------------------------------------------------- \14\SOP 50-53 (A). Ch. 2(2)(b). \15\Id. at Ch. 2(2)(a). --------------------------------------------------------------------------- When it comes to enforcement actions, SBA has a responsibility to hold bad actors accountable for their actions. SBA uses its discretion to determine the level of enforcement but generally defines enforcement actions as either informal or formal. Informal enforcement actions include: supervisory letters; meetings; agreements not to sell loans into Secondary Market, etc.\16\ When more serious situations arise, formal enforcement actions are required by SBA. They can include the following measures: suspension or revocation of delegated authority or suspension or revocation from SBA programs, etc.\17\ Through a combination of both OCRM and the Lender Oversight Committee,\18\ which votes on OCRM enforcement recommendations, corrective steps can be taken by SBA to mitigate problems in the lending community. Like many risk- based situations, a government guarantee program is only as strong as its oversight defense. --------------------------------------------------------------------------- \16\Id. at Sec. (4)(a). \17\Id. at Sec. (4)(b). \18\Id. at Ch. 2(5)(v). --------------------------------------------------------------------------- Over the years, examinations by government watchdog groups have investigated the oversight functions of SBA. Consistently, both the SBA's Office of Inspector General and the U.S. Government Accountability Office have found deficiencies in SBA's oversight efforts. Recent rapid growth in the program, combined with concerning program evaluations by watchdog groups, have led to heightened Congressional investigations into the tools available at SBA to ensure comprehensive lender oversight is accomplished. After multiple Congressional hearings, H.R. 4743, the Small Business 7(a) Lending Oversight Reform Act of 2018, was introduced to increase SBA's oversight capabilities and to ensure the integrity of the program for small businesses while protecting American taxpayer dollars. III. Hearings In the 115th Congress, the issue of SBA's 7(a) Loan Program oversight was specifically addressed at three House Committee on Small Business hearings:March 9, 2017--Subcommittee on Investigations, Oversight, and Regulations hearing titled ``An Overview of SBA's 7(a) Loan Program.'' May 17, 2017--Committee on Small Business hearing titled ``SBA's 7(a) Loan Program: A Detailed Review.'' January 17, 2018--Committee on Small Business hearing titled ``Strengthening SBA's 7(a) Loan Program.'' IV. Committee Consideration The Committee on Small Business met in open session, with a quorum being present, on March 14, 2018, and ordered H.R. 4743, be favorably reported, as amended, to the House via voice vote at 11:22 A.M. During the markup, one amendment was offered and adopted. Disposition of the amendment is addressed below. Amendment Number One filed by Mr. Chabot (R-OH) includes numerous technical changes, along with updated language to ensure SBA implementation. Technical changes were proposed to a few definitions. Within the Portfolio Risk Analysis report, updates were proposed to the data requirements to ensure accurate statistics are captured. Additionally, revisions were proposed to the Lender Oversight Committee's membership requirements. A date requirement change was also proposed within Section 5. The amendment concludes with a proposed update to language contained in Section 6 that pertains to waivers. The new language requires SBA to establish a process for waiving regulations, Standard Operating Procedures, and policy notices. The amendment was agreed to by a voice vote at 11:22 A.M. V. Committee Votes Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the recorded votes on the motion to report the legislation and amendments thereto. The Committee voted via voice vote to report H.R. 4743, as amended, to the House at 11:22 A.M. AMENDMENT TO H.R. 4743 OFFERED BY MR. CHABOT OF OHIO Page 2, line 18, strike ``any participant'' and insert ``any Lending Partner or Intermediary participant of the Administration''. Page 3, line 10, insert ``With'' after ``Lenders.--''. Page 3, line 11, strike ``(1)'' and all that follows through ``With''. Page 3, line 13, strike ``(A)'' and insert ``(1)'' (and adjust the margin accordingly). Page 3, line 13, strike ``(B)'' and insert ``(2)'' (and adjust the margin accordingly). Page 3, strike line 18 and all that follows through page 4, line 14. Page 4, line 20, insert ``statutory or regulatory'' before ``requirement''. Page 5, line 7, insert ``statutory or regulatory'' before ``requirement''. Page 5, beginning on line 9, strike ``, or any regulation implementing such section''. Page 5, Line 24, strike ``paragraph (2)'' and insert ``this subsection''. Page 7, line 22, strike ``defaults'' and insert ``losses''. Page 7, line 23, strike ``repurchases'' and insert ``purchases''. Page 7, line 24, insert ``at the Administration;'' after ``recoveries''. Page 9, line 6, strike ``11 members'' and insert ``at least 8 members''. Page 9, line 11, strike ``8 members'' and insert ``the remaining members''. Page 9, line 20, strike ``any participant'' and insert ``any Lending Partner or Intermediary participant of the Administration''. Page 10, line 20, strike ``recommend'' and insert ``approve''. Page 10, after line 22, insert the following: (b) Supervision Duties for 7(a) Lenders.--Effective January 1, 2019, subsection (d) of section 47 (as added by subsection (a)) is amended to read as follows: ``(d) Supervision Duties for 7(a) Lenders.-- ``(1) Reviews.--With respect to 7(a) lenders, an employee of the Office shall-- ``(A) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and ``(B) supervise any such review that is not conducted on the premise of the 7(a) lender. ``(2) Review report timeline.-- ``(A) In general.--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. ``(B) Extension.--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.''. Page 10, line 23, strike ``(b)'' and insert ``(c)''. Page 11, line 17, strike ``(c)'' and insert ``(d)''. Page 12, line 9, strike ``(d)'' and insert ``(e)''. Page 13, line 21, strike ``small''. Page 15, beginning on line 15, strike ``30 days'' and insert ``15 days''. Page 16, line 18, strike ``disclosure of'' and insert ``establishing a process for''. Page 16, line 20, after ``regulation'' insert ``or requirement in the Standard Operating Procedures Manual or Policy Notice''. Page 16, line 22, strike ``Administration--'' and all that follows through page 17, line 16 and insert ``Administration, the waiver shall be in writing and be maintained in an indexed form''. Page 17, strike line 21 and all that follows through page 18, line 12. VI. Section-by-Section Analysis of H.R. 4743 Section 1. Short title This section designates the bill as the ``Small Business 7(a) Lending Oversight Reform Act of 2018.'' Section 2. Definitions This section defines the term ``Administration'' in the bill to mean the Small Business Administration (SBA) and the term ``Administrator'' to mean the Administrator of the Small Business Administration. Section 3. Codification of the Office of Credit Risk Management and the Lender Oversight Committee To increase and strengthen the oversight of SBA's 7(a) Loan Program, this provision creates a new section in the Small Business Act that codifies the Office of Credit Risk Management (OCRM). OCRM is charged with supervising and overseeing all lenders within SBA's lending programs, including lending partners operating within the CDC/504 Loan Program and the Microloan Program and those that are categorized as small business lending companies or non-federally regulated lenders. OCRM's oversight responsibilities are found in Standard Operating Procedure (SOP) 5053(A). H.R. 4743 took a measured approach to codify OCRM into law and its respective responsibilities to all of the SBA's lending programs. However, this legislation deliberately outlines additional oversight requirements for OCRM when operating with 7(a) lenders. Specifically, to bolster the program, this section codifies the responsibilities of OCRM and its director, including a requirement that the director is a career Senior Executive Service appointee. An important oversight tool at SBA's disposal is the ability to conduct reviews of lenders. This review process can be conducted in one of two forms. SBA can conduct either an onsite review or an offsite review that relies heavily on a virtual process. SBA has come to rely on third party contractors to conduct the onsite review of a lender. Industry groups have reported that contractors, at times, have had an underwhelming understanding of the 7(a) loan program. To ensure the onsite lender review process is as comprehensive and effective as possible, this section requires SBA employees to be present and supervise all on-site and off-site reviews. Furthermore, once a review is conducted, SBA reports their findings to a lender. While a current timetable is not set, industry representatives have reported that it has taken upwards of 18-24 months for a lender to receive its findings. Not only does this lengthy time frame create a situation where a lender could possibly be prepping for its next review before it has received its findings from the last review, but it also could delay the process of correcting existing issues. To address this timing issue, effective on January 1, 2019, H.R. 4743 requires SBA to report all review findings to lenders in a timely manner of 60 business days after the completion of any review. Congressional intent of the term ``concluded'' is when the review has been substantially completed, and should not be extended indefinitely by the technicality of extraneous documents. If SBA cannot reasonable meet the 60 business day deadline, this provision provides an extension mechanism, whereby SBA must alert the lender of the delay, provide an expected delivery date, and detail the reasons for the delay. In turn, if a report review requires a lender to respond back to SBA, the lender is required to do so in 45 business days. The intent of this provision is to increase the lines of communication between a lender and SBA during the post-review process. H.R. 4743 outlines numerous enforcement provisions, including that a violation is defined by a lender violating a requirement under section 7(a) of the Small Business Act or any requirement in a SOP or Policy Notice. This is to ensure lenders are following rules that have been reviewed at the highest level of SBA. SOP 5053 (A) details the actions that OCRM can impose on a lender that range from informal actions such as a supervisory letter, meetings, etc. to formal actions that include the suspension or revocation from SBA program participation. Missing from OCRM's toolbox is the ability to apply a civil monetary penalty. To establish this penalty H.R. 4743 provides a civil monetary penalty of up to $250,000. It is the intent of Congress that the money collected from the civil monetary penalty shall be deposited in the United States Treasury. Additionally, this section also provides options for lenders when disputes with SBA develop. Specifically, H.R. 4743 outlines an Office of Hearing and Appeals process for lenders to utilize, if they deem necessary. It is important to note that the ability to use an appeal is mentioned in SOP 5053 (A) and points to the Code of Federal Regulations (13 C.F.R. Sec. 134); however, H.R. 4743 enshrines this ability in statute. It is also important to note that SBA uses the SOP process vigorously. The use of SOPs is more flexible than the Administrative Procedures Act (Pub. L. No. 79-404 (1946)), which outlines the rulemaking process. To encourage SBA to utilize the traditional rulemaking process and include an opportunity for notice and comment, H.R. 4743 requires SBA to undertake a rulemaking of all of the enforcement actions that are currently outlined in SOP 5053 (A), and include the addition of a civil monetary penalty. To ensure certainty for small businesses that receive financing via the 7(a) Loan Program, this section also outlines the servicing and liquidation responsibilities should certain enforcement actions be taken on a lender. This section also requires OCRM to conduct a Portfolio Risk Analysis and report the findings to Congress annually. In order to ensure SBA is providing the proper funds to OCRM for oversight activities, this section requires an annual internal budget submission process at SBA that must be in writing and indexed for public review. Finally, this section also codifies in the Small Business Act the Lender Oversight Committee (LOC) which is charged with reviewing formal enforcement recommendations from OCRM. LOC is an existing SBA committee that is outlined in SOP 5053 (A). It is important to note that SBA currently has the authority to increase fees on lenders to pay for enhanced oversight. This authority is found within 13 C.F.R. Sec. 120.1070 and in Sec. 5(b)(14) of the Small Business Act. This authority will allow SBA to amend their fee structure to carry out the provisions set forth in H.R. 4743. Section 4. Definition of Credit Elsewhere Acting as the gatekeeper of the 7(a) Loan Program, the Credit Elsewhere Test determines whether a small business is eligible to receive a federal government guarantee through the SBA. To update and modernize this foundational test, H.R. 4743 codifies in statute many of the provisions currently outlined in SOP 5010 5(J) and thus clarifies the factors utilized in the process, including the consideration of the industry and the availability of collateral. Over the years, the test problematically shifted focus from a borrower's needs to a lender's capacity to operate within the program. The bill realigns the test to ensure it is based on a borrower's ability to obtain credit, rather than a lender's ability to offer credit. Strengthening of the Credit Elsewhere Test will guard the program for use by small businesses that justly require SBA's assistance. Additionally, language has been included in H.R. 4743 to emphasize the importance of and the verification of the Credit Elsewhere Test for the Administrator and SBA. Section 5. Authority for Administrator to increase amount for general business loans To ensure the integrity of the program is reinforced for small businesses that truly require SBA's assistance, this provision delivers certainty by providing the Administrator of the SBA with the flexibility to notify Congress, once per fiscal year, to increase the 7(a) Loan Program limit by 15 percent. It is important to note that this program is market driven and susceptible to reaching cap limitations. Often times, when the program nears a limit an artificial run on the program occurs where lenders force through loans to ensure the loan is not cut off by a breach of the limit. In fact, the program reached its lending limit in the summer of 2015. While not intended, this breach caused uncertainty for small businesses and required emergency legislation by Congress. It is the intent of Congress that this authority is to be used when the program nears its annual appropriation cap level, and only if necessary. Section 6. Disclosure of waivers If specifically outlined in regulation, SBA has the ability to waive certain regulations. H.R. 4743 includes a provision to bring further sunlight to this waiver process for all parties. When waiver authority is exercised within the 7(a) loan program, a process is required to be in place at SBA. Additionally, language in H.R. 4743 prohibits any interpretation of the language to provide new authority to grant waivers. VII. Congressional Budget Office Cost Estimate The cost estimate prepared by the Director of the Congressional Budget Office pursuant to Sec. 402 of the Congressional Budget Act of 1974 was not submitted timely to the Committee. VIII. Unfunded Mandates H.R. 4743 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act, Pub. L. No. 104-4, and would impose no costs on state, local or tribal governments. IX. New Budget Authority, Entitlement Authority and Tax Expenditures The Committee has not received an estimate of new budget authority contained in the cost estimate prepared by the Director of the Congressional Budget Office pursuant to Sec. 402 of the Congressional Budget Act of 1974. In compliance with clause 3(c)(2) of rule XIII of the Rules of the House, the Committee opines that H.R. 4743 will not establish any new budget or entitlement authority or create any tax expenditures. X. Oversight Findings In accordance with clause 2(b)(1) of rule X of the Rules of the House, the oversight findings and recommendations of the Committee on Small Business with respect to the subject matter contained in H.R. 4743 are incorporated into the descriptive portions of this report. XI. Statement of Constitutional Authority Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of Representatives, the Committee finds that the authority for this legislation in Art. I, Sec. 8, cl. 3 of the Constitution of the United States. XII. Congressional Accountability Act H.R. 4743 does not relate to the terms and conditions of employment or access to public services or accommodations within the meaning of Sec. 102(b)(3) of Pub. L. No. 104-1. XIII. Federal Advisory Committee Act Statement H.R. 4743 does not establish or authorize the establishment of any new advisory committees as that term is defined in the Federal Advisory Committee Act, 5 U.S.C. App. 2. XIV. Statement of No Earmarks Pursuant to clause 9 of rule XXI, H.R. 4743 does not contain any congressional earmarks, limited tax benefits or limited tariff benefits as defined in subsections (d), (e) or (f) of clause 9 of rule XXI of the Rules of the House. XV. Statement of Duplication of Federal Programs Pursuant to clause 3(c) of the rule XIII of the Rules of the House, no provision of H.R. 4743 establishes or reauthorizes a program of the federal government known to be duplicative of another federal program, a program that was included in any report from the United States Government Accountability Office pursuant to Sec. 21 of Pub. L. No. 111- 139, or a program related to a program identified in the most recent catalog of federal domestic assistance. XVI. Disclosure of Directed Rule Makings Pursuant to clause 3(c) of rule XIII of the Rules of the House, H.R. 4743 does direct rulemaking within Section 3 of the legislation. Specifically, Section 3(f) directs the Administrator to issue regulations, after opportunity for notice and comment, which follows Administrative Procedures Act guidelines, to carryout Section 3(e). Section 3(e) outlines the enforcement authority that OCRM currently has in place. As is common practice at SBA, the details of the enforcement authority are provided in SOP. Specifically, the tools available for OCRM to conduct proper oversight are detailed in SOP 5053(A). This directed rulemaking requires SBA to take the current enforcement authority and conduct traditional rulemaking. XVII. Performance Goals and Objectives Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House, the Committee establishes the following performance- related goals and objectives in this legislation: H.R. 4743 includes a number of provisions designed to increase the oversight authority of SBA's Office of Credit Risk Management in order to ensure the integrity of the 7(a) Loan Program for small businesses, while protecting American taxpayer dollars. XVIII. Changes in Existing Law Made by the Bill, as Reported In compliance with clause 3(e) of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman): SMALL BUSINESS ACT * * * * * * * SEC. 3. DEFINITIONS. (a) Small Business Concerns.-- (1) In general.--For the purposes of this Act, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation. (2) Establishment of size standards.-- (A) In general.--In addition to the criteria specified in paragraph (1), 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 Act or any other Act. (B) Additional criteria.--The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors. (C) Requirements.--Unless specifically authorized by statute, no Federal department or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard-- (i) is proposed after an opportunity for public notice and comment; (ii) provides for determining-- (I) the size of a manufacturing concern as measured by the manufacturing concern's average employment based upon employment during each of the manufacturing concern's pay periods for the preceding 12 months; (II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over a period of not less than 3 years; (III) the size of other business concerns on the basis of data over a period of not less than 3 years; or (IV) other appropriate factors; and (iii) is approved by the Administrator. (3) Variation by industry and consideration of other factors.--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. (4) Exclusion of certain security expenses from consideration for purpose of small business size standards.-- (A) Determination required.--Not later than 30 days after the date of enactment of this paragraph, 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. (B) Action required.--Not later than 60 days after the date of enactment of this paragraph, 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. (C) Qualified areas.--In this paragraph, the term ``qualified area'' means-- (i) Iraq, (ii) Afghanistan, and (iii) any foreign country which included a combat zone, as that term is defined in section 112(c)(2) of the Internal Revenue Code of 1986, at the time of performance of the relevant Federal contract or subcontract. (5) Alternative Size Standard.-- (A) In general.--The Administrator shall establish an alternative size standard for applicants for business loans under section 7(a) 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. (B) Interim rule.--Until the date on which the alternative size standard established under subparagraph (A) is in effect, an applicant for a business loan under section 7(a) or an applicant for a development company loan under title V of the Small Business Investment Act of 1958 may be eligible for such a loan if-- (i) the maximum tangible net worth of the applicant is not more than $15,000,000; and (ii) the average net income after Federal income taxes (excluding any carry-over losses) of the applicant for the 2 full fiscal years before the date of the application is not more than $5,000,000. (6) Proposed rulemaking.--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. (7) Common size standards.--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. (8) Number of size standards.--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. (9) Petitions for reconsideration of size standards.-- (A) In general.--A person may file a petition for reconsideration with the Office of Hearings and Appeals (as established under section 5(i)) of a size standard revised, modified, or established by the Administrator pursuant to this subsection. (B) Time limit.--A person filing a petition for reconsideration described in subparagraph (A) shall file such petition not later than 30 days after the publication in the Federal Register of the notice of final rule to revise, modify, or establish size standards described in paragraph (6). (C) Process for agency review.--The Office of Hearings and Appeals shall use the same process it uses to decide challenges to the size of a small business concern to decide a petition for review pursuant to this paragraph. (D) Judicial review.--The publication of a final rule in the Federal Register described in subparagraph (B) shall be considered final agency action for purposes of seeking judicial review. Filing a petition for reconsideration under subparagraph (A) shall not be a condition precedent to judicial review of any such size standard. (E) Rules or guidance.--The Office of Hearings and Appeals shall begin accepting petitions for reconsideration described in subparagraph (A) after the date on which the Administration issues a rule or other guidance implementing this paragraph. Notwithstanding the provisions of subparagraph (B), petitions for reconsideration of size standards revised, modified, or established in a Federal Register final rule published between November 25, 2015, and the effective date of such rule or other guidance shall be considered timely if filed within 30 days of such effective date. (b) For purposes of this Act, any reference to an agency or department of the United States, and the term ``Federal agency,'' shall have the meaning given the term ``agency'' by section 551(1) of title 5, United States Code, but does not include the United States Postal Service or the General Accounting Office. (c)(1) For purposes of this Act, a qualified employee trust shall be eligible for any loan guarantee under section 7(a) with respect to a small business concern on the same basis as if such trust were the same legal entity as such concern. (2) For purposes of this Act, the term ``qualified employee trust'' means, with respect to a small business concern, a trust-- (A) which forms part of an employee stock ownership plan (as defined in section 4975(e)(7) of the Internal Revenue Code of 1954)-- (i) which is maintained by such concern, and (ii) which provides that each participant in the plan is entitle to direct the plan as to the manner in which voting rights under qualifying employer securities (as defined in section 4975(e)(8) of such Code) 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 outstanding common shares voted; and (B) in the case of any loan guarantee under section 7(a), the trustee of which enters into an agreement with the Administrator of which enters into an agreement with the Administrator which is binding on the trust and no such small business concern and which provides that-- (i) the loan guaranteed under section 7(a) 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. (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 employee 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 the Internal Revenue Code of 1954). (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 tradable 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 ownership plans as defined in section 4975(e)(7) of the Internal Revenue Code of 1954) as the Administrator may prescribe, and (C) in the case of a loan guarantee under section 7(a), such organization enters into an agreement with the Administration which is described in paragraph (2)(B). (d) For purposes of section 7 of this Act, the term ``qualified Indian tribe'' means an Indian tribe as defined in section 4(a) of the Indian Self-Determination and Education Assistance Act, which owns and controls 100 per centum of a small business concern. (e) For purposes of section 7 of this Act, the term ``public or private organization for the handicapped'' means one-- (1) which is organized under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net income of which does not insure in whole or in part to the benefit of any shareholder or other individual; (2) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (3) which, in the production of commodities and in the provision of services during any fiscal year in which it received financial assistance under this subsection, employs handicapped individuals for not less than 75 per centum of the man-hours required for the production or provision of the commodities or services. (f) For purposes of section 7 of this Act, the term ``handicapped individual'' means an individual-- (1) who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable; or (2) who is a service-disabled veteran. (g) For purposes of section 7 of this Act, the term ``energy measures'' includes-- (1) solar thermal energy equipment which is either of the active type based upon mechanically forced energy transfer or of the passive type based on convective, conductive, or radiant energy transfer or some combination equipment; (2) photovoltaic cells and related equipment; (3) a product or service the primary purpose of which is conservation of energy through devices or techniques which increase the 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; (4) equipment the primary purpose of which is production of energy from wood, biological waste, grain, or other biomass source of energy; (5) equipment the primary purpose of which is industrial cogeneration of energy, district heating, or production of energy from industrial waste; (6) hydroelectric power equipment; (7) wind energy conversion equipment; and (8) engineering, architectural, consulting, or other professional services which are necessary or appropriate to aid citizens in using any of the measures described in paragraph (1) through (7). [(h) For purposes of this Act, the term ``credit elsewhere'' means the availability of credit from non-Federal sources on reasonable terms and conditions taking into consideration the prevailing rates and terms in the community in or near where the concern transacts business, or the homeowner resides, for similar purposes and periods of time.] (h) The term ``credit elsewhere'' means-- (1) for the purposes of this Act (except as used in section 7(b)), the availability of credit on reasonable terms and conditions to the individual loan applicant from non-Federal, non-State, or non-local government sources, considering factors associated with conventional lending practices, including-- (A) the business industry in which the loan applicant operates; (B) whether the loan applicant is an enterprise that has been in operation for a period of not more than 2 years; (C) the adequacy of the collateral available to secure the requested loan; (D) the loan term necessary to reasonably assure the ability of the loan applicant to repay the debt from the actual or projected cash flow of the business; and (E) any other factor relating to the particular credit application, as documented in detail by the lender, that cannot be overcome except through obtaining a Federal loan guarantee under prudent lending standards; and (2) for the purposes of section 7(b), the availability of credit on reasonable terms and conditions from non-Federal sources taking into consideration the prevailing rates and terms in the community in or near where the applicant business concern transacts business, or the applicant homeowner resides, for similar purposes and periods of time. (i) For purposes of section 7 of this Act, the term ``homeowners'' includes owners and lessees of residential property and also includes personal property. (j) For the purposes of this Act, the term ``small agricultural cooperative'' means an association (corporate or otherwise) acting pursuant to the provisions of the Agricultural Marketing Act (12 U.S.C. 1141j), whose size does not exceed the size standard established by the Administration for other similar agricultural small business concerns. In determining such size, the Administration shall regard the association as a business concern and shall not include the income or employees of any member shareholder of such cooperative. (k)(1) For the purposes of this Act, the term ``disaster'' means a sudden event which causes severe damage including, but not limited to, floods, hurricanes, tornadoes, earthquakes, fires, explosions, volcanoes, windstorms, landslides or mudslides, tidal waves, commercial fishery failures or fishery resource disasters (as determined by the Secretary of Commerce under section 308(b) of the Interjurisdictional Fisheries Act of 1986), ocean conditions resulting in the closure of customary fishing waters, riots, civil disorders or other catastrophes, except it does not include economic dislocations. (2) For purposes of section 7(b)(2), the term ``disaster'' includes-- (A) drought; (B) below average water levels in the Great Lakes, or on any body of water in the United States that supports commerce by small business concerns; and (C) ice storms and blizzards. (l) For purposes of this Act-- (1) the term ``computer crime'' means''-- (A) any crime committed against a small business concern by means of the use of a computer; and (B) any crime involving the illegal use of, or tampering with, a computer owned or utilized by a small business concern. (m) Definitions Relating to Contracting.--In this Act: (1) Prime contract.--The term ``prime contract'' has the meaning given such term in section 8701(4) of title 41, United States Code. (2) Prime contractor.--The term ``prime contractor'' has the meaning given such term in section 8701(5) of title 41, United States Code. (3) Simplified acquisition threshold.--The term ``simplified acquisition threshold'' has the meaning given such term in section 134 of title 41, United States Code. (4) Micro-purchase threshold.--The term ``micro- purchase threshold'' has the meaning given such term in section 1902 of title 41, United States Code. (5) Total purchases and contracts for property and services.--The term ``total purchases and contracts for property and services'' shall mean total number and total dollar amount of contracts and orders for property and services. (n) For the purposes of this Act, a small business concern is a small business concern owned and controlled by women if-- (1) at least 51 percent of small business concern is owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) the management and daily business operations of the business are controlled by one or more women. (o) Definitions of Bundling of Contract Requirements and Related Terms.--In this Act: (1) Bundled contract.--The term ``bundled contract'' means a contract that is entered into to meet requirements that are consolidated in a bundling of contract requirements. (2) Bundling of contract requirements.--The term ``bundling of contract requirements'' means consolidating 2 or more procurement requirements for goods or services previously provided or performed under separate smaller contracts into a solicitation of offers for a single contract that is likely to be unsuitable for award to a small-business concern due to-- (A) the diversity, size, or specialized nature of the elements of the performance specified; (B) the aggregate dollar value of the anticipated award; (C) the geographical dispersion of the contract performance sites; or (D) any combination of the factors described in subparagraphs (A), (B), and (C). (3) Separate smaller contract.--The term ``separate smaller contract'', with respect to a bundling of contract requirements, means a contract that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns. (p) Definitions Relating to HUBZones.--In this Act: (1) Historically underutilized business zone.--The term ``historically underutilized business zone'' means any area located within 1 or more-- (A) qualified census tracts; (B) qualified nonmetropolitan counties; (C) lands within the external boundaries of an Indian reservation; (D) redesignated areas; (E) base closure areas; or (F) qualified disaster areas. (2) HUBZone.--The term ``HUBZone'' means a historically underutilized business zone. (3) Hubzone small business concern.--The term ``HUBZone small business concern'' means-- (A) a small business concern that is at least 51 percent owned and controlled by United States citizens; (B) a small business concern that is-- (i) an Alaska Native Corporation owned and controlled by Natives (as determined pursuant to section 29(e)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1))); or (ii) a direct or indirect subsidiary corporation, joint venture, or partnership of an Alaska Native Corporation qualifying pursuant to section 29(e)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1)), if that subsidiary, joint venture, or partnership is owned and controlled by Natives (as determined pursuant to section 29(e)(2)) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(2))); (C) a small business concern-- (i) that is wholly owned by one or more Indian tribal governments, or by a corporation that is wholly owned by one or more Indian tribal governments; or (ii) that is owned in part by one or more Indian tribal governments, or by a corporation that is wholly owned by one or more Indian tribal governments, if all other owners are either United States citizens or small business concerns; (D) a small business concern-- (i) that is wholly owned by one or more Native Hawaiian Organizations (as defined in section 8(a)(15)), or by a corporation that is wholly owned by one or more Native Hawaiian Organizations; or (ii) that is owned in part by one or more Native Hawaiian Organizations, or by a corporation that is wholly owned by one or more Native Hawaiian Organizations, if all other owners are either United States citizens or small business concerns; (E) a small business concern that is-- (i) wholly owned by a community development corporation that has received financial assistance under part 1 of subchapter A of the Community Economic Development Act of 1981 (42 U.S.C. 9805 et seq.); or (ii) owned in part by one or more community development corporations, if all other owners are either United States citizens or small business concerns; or (F) a small business concern that is-- (i) a small agricultural cooperative organized or incorporated in the United States; (ii) wholly owned by 1 or more small agricultural cooperatives organized or incorporated in the United States; or (iii) owned in part by 1 or more small agricultural cooperatives organized or incorporated in the United States, if all owners are small business concerns or United States citizens. (4) Qualified areas.-- (A) Qualified census tract.-- (i) In general.--The term ``qualified census tract'' has the meaning given that term in section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986. (ii) Exception.--For any metropolitan statistical area in the Commonwealth of Puerto Rico, the term ``qualified census tract'' has the meaning given that term in section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986 as applied without regard to subclause (II) of such section, except that this clause shall only apply-- (I) 10 years after the date that the Administrator implements this clause, or (II) the date on which the Financial Oversight and Management Board for the Commonwealth of Puerto Rico created by the Puerto Rico Oversight, Management, and Economic Stability Act ceases to exist, whichever event occurs first. (B) Qualified nonmetropolitan county.--The term ``qualified nonmetropolitan county'' means any county-- (i) that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) at the time of the most recent census taken for purposes of selecting qualified census tracts under section 42(d)(5)(C)(ii) of the Internal Revenue Code of 1986; and (ii) in which-- (I) the median household income is less than 80 percent of the nonmetropolitan State median household income, based on the most recent data available from the Bureau of the Census of the Department of Commerce; (II) the unemployment rate is not less than 140 percent of the average unemployment rate for the United States or for the State in which such county is located, whichever is less, based on the most recent data available from the Secretary of Labor; or (III) there is located a difficult development area, as designated by the Secretary of Housing and Urban Development in accordance with section 42(d)(5)(C)(iii) of the Internal Revenue Code of 1986, within Alaska, Hawaii, or any territory or possession of the United States outside the 48 contiguous States. (C) Redesignated area.--The term ``redesignated area'' means any census tract that ceases to be qualified under subparagraph (A) and any nonmetropolitan county that ceases to be qualified under subparagraph (B), except that a census tract or a nonmetropolitan county may be a ``redesignated area'' only until the later of-- (i) the date on which the Census Bureau publicly releases the first results from the 2010 decennial census; or (ii) 3 years after the date on which the census tract or nonmetropolitan county ceased to be so qualified. (D) Base closure area.-- (i) In general.--Subject to clause (ii), the term ``base closure area'' means-- (I) lands within the external boundaries of a military installation that were closed through a privatization process under the authority of-- (aa) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of division B of Public Law 101- 510; 10 U.S.C. 2687 note); (bb) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100- 526; 10 U.S.C. 2687 note); (cc) section 2687 of title 10, United States Code; or (dd) any other provision of law authorizing or directing the Secretary of Defense or the Secretary of a military department to dispose of real property at the military installation for purposes relating to base closures of redevelopment, while retaining the authority to enter into a leaseback of all or a portion of the property for military use; (II) the census tract or nonmetropolitan county in which the lands described in subclause (I) are wholly contained; (III) a census tract or nonmetropolitan county the boundaries of which intersect the area described in subclause (I); and (IV) a census tract or nonmetropolitan county the boundaries of which are contiguous to the area described in subclause (II) or subclause (III). (ii) Limitation.--A base closure area shall be treated as a HUBZone-- (I) with respect to a census tract or nonmetropolitan county described in clause (i), for a period of not less than 8 years, beginning on the date the military installation undergoes final closure and ending on the date the Administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph (A) or (B) in accordance with the results of the decennial census conducted after the area was initially designated as a base closure area; and (II) if such area was treated as a HUBZone at any time after 2010, until such time as the Administrator makes a final determination as to whether or not to implement the applicable designation described in subparagraph (A) or (B), after the 2020 decennial census. (iii) Definitions.--In this subparagraph: (I) Census tract.--The term ``census tract'' means a census tract delineated by the United States Bureau of the Census in the most recent decennial census that is not located in a nonmetropolitan county and does not otherwise qualify as a qualified census tract. (II) Nonmetropolitan county.--The term ``nonmetropolitan county'' means a county that was not located in a metropolitan statistical area (as defined in section 143(k)(2)(B) of the Internal Revenue Code of 1986) at the time of the most recent census taken for purposes of selecting qualified census tracts and does not otherwise qualify as a qualified nonmetropolitan county. (E) Qualified disaster area.-- (i) In general.--Subject to clause (ii), the term ``qualified disaster area'' means any census tract or nonmetropolitan county located in an area for which the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or located in an area in which a catastrophic incident has occurred if such census tract or nonmetropolitan county ceased to be qualified under subparagraph (A) or (B), as applicable, during the period beginning 5 years before the date on which the President declared the major disaster or the catastrophic incident occurred and ending 2 years after such date, except that such census tract or nonmetropolitan county may be a ``qualified disaster area'' only-- (I) in the case of a major disaster declared by the President, during the 5-year period beginning 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; and (II) in the case of a catastrophic incident, during the 10-year period beginning on the date on which the catastrophic incident occurred in the area in which the census tract or nonmetropolitan county, as applicable, is located. (ii) Limitation.--A qualified disaster area described in clause (i) shall be treated as a HUBZone for a period of not less than 8 years, beginning on the date the Administrator makes a final determination as to whether or not to implement the designations described in subparagraphs (A) and (B) in accordance with the results of the decennial census conducted after the area was initially designated as a qualified disaster area. (5) Qualified hubzone small business concern.-- (A) In general.--A HUBZone small business concern is ``qualified'', if-- (i) the small business concern has certified in writing to the Administrator (or the Administrator otherwise determines, based on information submitted to the Administrator by the small business concern, or based on certification procedures, which shall be established by the Administration by regulation) that-- (I) it is a HUBZone small business concern-- (aa) pursuant to subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (3), and that its principal office is located in a HUBZone and not fewer than 35 percent of its employees reside in a HUBZone; (bb) pursuant to subparagraph (A), (B), (C), (D), (E), or (F) of paragraph (3), that its principal office is located within a base closure area and that not fewer than 35 percent of its employees reside in such base closure area or in another HUBZone; or (cc) pursuant to paragraph (3)(C), and not fewer than 35 percent of its employees engaged in performing a contract awarded to the small business concern on the basis of a preference provided under section 31(b) reside within any Indian reservation governed by one or more of the tribal government owners, or reside within any HUBZone adjoining any such Indian reservation; (II) the small business concern will attempt to maintain the applicable employment percentage under subclause (I) during the performance of any contract awarded to the small business concern on the basis of a preference provided under section 31(b); and (III) with respect to any subcontract entered into by the small business concern pursuant to a contract awarded to the small business concern under section 31, the small business concern will ensure that the requirements of section 46 are satisfied; and (ii) no certification made or information provided by the small business concern under clause (i) has been, in accordance with the procedures established under section 31(c)(1)-- (I) successfully challenged by an interested party; or (II) otherwise determined by the Administrator to be materially false. (B) List of qualified small business concerns.--The Administrator shall establish and maintain a list of qualified HUBZone small business concerns, which list shall, to the extent practicable-- (i) once the Administrator has made the certification required by subparagraph (A)(i) regarding a qualified HUBZone small business concern and has determined that subparagraph (A)(ii) does not apply to that concern, include the name, address, and type of business with respect to each such small business concern; (ii) be updated by the Administrator not less than annually; and (iii) be provided upon request to any Federal agency or other entity. (6) Native american small business concerns.-- (A) Alaska native corporation.--The term ``Alaska Native Corporation'' has the same meaning as the term ``Native Corporation'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (B) Alaska native village.--The term ``Alaska Native Village'' has the same meaning as the term ``Native village'' in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (C) Indian reservation.--The term ``Indian reservation''-- (i) has the same meaning as the term ``Indian country'' in section 1151 of title 18, United States Code, except that such term does not include-- (I) any lands that are located within a State in which a tribe did not exercise governmental jurisdiction on the date of the enactment of this paragraph, unless that tribe is recognized after that date of the enactment by either an Act of Congress or pursuant to regulations of the Secretary of the Interior for the administrative recognition that an Indian group exists as an Indian tribe (part 83 of title 25, Code of Federal Regulations); and (II) lands taken into trust or acquired by an Indian tribe after the date of the enactment of this paragraph if such lands are not located within the external boundaries of an Indian reservation or former reservation or are not contiguous to the lands held in trust or restricted status on that date of the enactment; and (ii) in the State of Oklahoma, means lands that-- (I) are within the jurisdictional areas of an Oklahoma Indian tribe (as determined by the Secretary of the Interior); and (II) are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph). (7) Agricultural commodity.--The term ``agricultural commodity'' has the same meaning as in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602). (q) Definitions Relating to Veterans.--In this Act, the following definitions apply: (1) Service-disabled veteran.--The term ``service- disabled veteran'' means a veteran with a disability that is service-connected (as defined in section 101(16) of title 38, United States Code). (2) Small business concern owned and controlled by service-disabled veterans.--The term ``small business concern owned and controlled by service-disabled veterans'' means a small business concern-- (A) not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (B) the management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (3) Small business concern owned and controlled by veterans.--The term ``small business concern owned and controlled by veterans'' means a small business concern-- (A) not less than 51 percent of which is owned by one or more veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (B) the management and daily business operations of which are controlled by one or more veterans. (4) Veteran.--The term ``veteran'' has the meaning given the term in section 101(2) of title 38, United States Code. (5) Relief from time limitations.-- (A) In general.--Any time limitation on any qualification, certification, or period of participation imposed under this Act on any program that is available to small business concerns shall be extended for a small business concern that-- (i) is owned and controlled by-- (I) a veteran who was called or ordered to active duty under a provision of law specified in section 101(a)(13)(B) of title 10, United States Code, on or after September 11, 2001; or (II) a service-disabled veteran who became such a veteran due to an injury or illness incurred or aggravated in the active military, naval, or air service during a period of active duty pursuant to a call or order to active duty under a provision of law referred to in subclause (I) on or after September 11, 2001; and (ii) was subject to the time limitation during such period of active duty. (B) Duration.--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. (C) Exception for programs subject to federal credit reform act of 1990.--The provisions of subparagraphs (A) and (B) shall not apply to any programs subject to the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). (r) Definitions Relating to Small Business Lending Companies.--As used in section 23 of this Act: (1) Small business lending company.--The term ``small business lending company'' means a business concern that is authorized by the Administrator to make loans pursuant to section 7(a) and whose lending activities are not subject to regulation by any Federal or State regulatory agency. (2) Non-federally regulated [sba] lender.--The term ``non-Federally [regulated SBA lender] regulated lender'' means a business concern if-- (A) such concern is authorized by the Administrator to make loans under section 7; (B) such concern is subject to regulation by a State; and (C) the lending activities of such concern are not regulated by any Federal banking authority. (s) Major Disaster.--In this Act, the term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (t) Small Business Development Center.--In this Act, the term ``small business development center'' means a small business development center described in section 21. (u) Region of the Administration.--In this Act, the term ``region of the Administration'' means the geographic area served by a regional office of the Administration established under section 4(a). (v) Multiple Award Contract.--In this Act, the term ``multiple award contract'' means-- (1) a multiple award task order contract or delivery order contract that is entered into under the authority of sections 303H through 303K of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h through 253k); and (2) any other indefinite delivery, indefinite quantity contract that is entered into by the head of a Federal agency with 2 or more sources pursuant to the same solicitation. (w) Presumption.-- (1) In general.--In every contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant which is set aside, reserved, or otherwise classified as intended for award to small business concerns, there shall be a presumption of loss to the United States based on the total amount expended on the contract, subcontract, cooperative agreement, cooperative research and development agreement, or grant whenever it is established that a business concern other than a small business concern willfully sought and received the award by misrepresentation. (2) Deemed certifications.--The following actions shall be deemed affirmative, willful, and intentional certifications of small business size and status: (A) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement reserved, set aside, or otherwise classified as intended for award to small business concerns. (B) Submission of a bid or proposal for a Federal grant, contract, subcontract, cooperative agreement, or cooperative research and development agreement which in any way encourages a Federal agency to classify the bid or proposal, if awarded, as an award to a small business concern. (C) Registration on any Federal electronic database for the purpose of being considered for award of a Federal grant, contract, subcontract, cooperative agreement, or cooperative research agreement, as a small business concern. (3) Certification by signature of responsible official.-- (A) In general.--Each solicitation, bid, or application for a Federal contract, subcontract, or grant shall contain a certification concerning the small business size and status of a business concern seeking the Federal contract, subcontract, or grant. (B) Content of certifications.--A certification that a business concern qualifies as a small business concern of the exact size and status claimed by the business concern for purposes of bidding on a Federal contract or subcontract, or applying for a Federal grant, shall contain the signature of an authorized official on the same page on which the certification is contained. (4) Regulations.--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. (x) Annual Certification.-- (1) In general.--Each business certified as a small business concern under this Act shall annually certify its small business size and, if appropriate, its small business status, by means of a confirming entry on the Online Representations and Certifications Application database of the Administration, or any successor thereto. (2) Regulations.--Not later than 1 year after the date of enactment of this subsection, 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. (y) Policy on Prosecutions of Small Business Size and Status Fraud.--Not later than 1 year after the date of enactment of this subsection, 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. (z) Aquaculture Business Disaster Assistance.--Subject to section 18(a) and notwithstanding section 18(b)(1), the Administrator may provide disaster assistance under section 7(b)(2) to aquaculture enterprises that are small businesses. (aa) Venture Capital Operating Company.--In this Act, the term ``venture capital operating company'' means an entity described in clause (i), (v), or (vi) of section 121.103(b)(5) of title 13, Code of Federal Regulations (or any successor thereto). (bb) Hedge Fund.--In this Act, the term ``hedge fund'' has the meaning given that term in section 13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(2)). (cc) Private Equity Firm.--In this Act, the term ``private equity firm'' has the meaning given the term ``private equity fund'' in section 13(h)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1851(h)(2)). (dd) Definitions Pertaining to Subcontracting.--In this Act: (1) Subcontract.--The term ``subcontract'' means a legally binding agreement between a contractor that is already under contract to another party to perform work, and a third party, hereinafter referred to as the subcontractor, for the subcontractor to perform a part, or all, of the work that the contractor has undertaken. (2) First tier subcontractor.--The term ``first tier subcontractor'' means a subcontractor who has a subcontract directly with the prime contractor. (3) At any tier.--The term ``at any tier'' means any subcontractor other than a subcontractor who is a first tier subcontractor. * * * * * * * Sec. 7. (a) Loans to Small Business Concerns; Allowable Purposes; Qualified Business; Restrictions and Limitations.-- The Administration is empowered to the extent and in such amounts as provided in advance in appropriation Acts to make loans for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, and to make loans to any qualified small business concern, including those owned by qualified Indian tribes, for purposes of this Act. Such financings may be made either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. These powers shall be subject, however, to the following restrictions, limitations, and provisions: (1) In general.-- (A) Credit elsewhere.-- (i) In general.--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. (ii) Liquidity.--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. (B) Background checks.--Prior to the approval of any loan made pursuant to this subsection, or section 503 of the Small Business Investment Act of 1958, 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. (C) Lending limits of lenders.--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. (2) Level of participation in guaranteed loans.-- (A) In general.--Except as provided in subparagraphs (B), (D), and (E), in an agreement to participate in a loan on a deferred basis under this subsection (including a loan made under the Preferred Lenders Program), such participation by the Administration shall be equal to-- (i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or (ii) 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 $150,000. (B) Reduced participation upon request.-- (i) In general.--The guarantee percentage specified by subparagraph (A) for any loan under this subsection may be reduced upon the request of the participating lender. (ii) Prohibition.--The Administration shall not use the guarantee percentage requested by a participating lender under clause (i) as a criterion for establishing priorities in approving loan guarantee requests under this subsection. (C) Interest rate under preferred lenders program.-- (i) In general.--The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, applicable to other loans guaranteed under this subsection. (ii) Export-import bank lenders.--Any lender that is participating in the Delegated Authority Lender Program of the Export-Import Bank of the United States (or any successor to the Program) shall be eligible to participate in the Preferred Lenders Program. (iii) Preferred lenders program defined.--For purposes of this subparagraph, the term ``Preferred Lenders Program'' means any program established by the Administrator, as authorized under the proviso in section 5(b)(7), 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. (D) Participation under export working capital program.--In an agreement to participate in a loan on a deferred basis under the Export Working Capital Program established pursuant to paragraph (14)(A), such participation by the Administration shall be 90 percent. (E) Participation in international trade loan.--In an agreement to participate in a loan on a deferred basis under paragraph (16), the participation by the Administration may not exceed 90 percent. (3) No loan shall be made under this subsection-- (A) if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund established by this Act would exceed $3,750,000 (or if the gross loan amount would exceed $5,000,000), except as provided in subparagraph (B); (B) if the total amount outstanding and committed (on a deferred basis) solely for the purposes provided in paragraph (16) to the borrower from the business loan and investment fund established by this Act would exceed $4,500,000 (or if the gross loan amount would exceed $5,000,000), of which not more than $4,000,000 may be used for working capital, supplies, or financings under section 7(a)(14) for export purposes; and (C) if effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate basis if the amount would exceed $350,000. (4) Interest rates and prepayment charges.-- (A) Interest rates.--Notwithstanding the provisions of the constitution of any State or the laws of any State limiting the rate or amount of interest which may be charged, taken, received, or reserved, the maximum legal rate of interest on any financing made on a deferred basis pursuant to this subsection shall not exceed a rate prescribed by the Administration, and the rate of interest for the Administration's share of any direct or immediate participation loan shall not exceed 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 and adjusted to the nearest one-eighth of 1 per centum, and an additional amount as determined by the Administration, but not to exceed 1 per centum per annum: Provided, That for those loans to assist any public or private organization for the handicapped or to assist any handicapped individual as provided in paragraph (10) of this subsection, the interest rate shall be 3 per centum per annum. (B) Payment of accrued interest.-- (i) In general.--Any bank or other lending institution making a claim for payment on the guaranteed portion of a loan made under this subsection shall be paid the accrued interest due on the loan from the earliest date of default to the date of payment of the claim at a rate not to exceed the rate of interest on the loan on the date of default, minus one percent. (ii) Loans sold on secondary market.--If a loan described in clause (i) is sold on the secondary market, the amount of interest paid to a bank or other lending institution described in that clause from the earliest date of default to the date of payment of the claim shall be no more than the agreed upon rate, minus one percent. (iii) Applicability.--Clauses (i) and (ii) shall not apply to loans made on or after October 1, 2000. (C) Prepayment charges.-- (i) In general.--A borrower who prepays any loan guaranteed under this subsection shall remit to the Administration a subsidy recoupment fee calculated in accordance with clause (ii) if-- (I) the loan is for a term of not less than 15 years; (II) the prepayment is voluntary; (III) the amount of prepayment in any calendar year is more than 25 percent of the outstanding balance of the loan; and (IV) the prepayment is made within the first 3 years after disbursement of the loan proceeds. (ii) Subsidy recoupment fee.--The subsidy recoupment fee charged under clause (i) shall be-- (I) 5 percent of the amount of prepayment, if the borrower prepays during the first year after disbursement; (II) 3 percent of the amount of prepayment, if the borrower prepays during the second year after disbursement; and (III) 1 percent of the amount of prepayment, if the borrower prepays during the third year after disbursement. (5) No such loans including renewals and extensions thereof may be made for a period or periods exceeding twenty-five years, except that such portion of a loan made for the purpose of acquiring real property or constructing, converting, or expanding facilities may have a maturity of twenty-five years plus such additional period as is estimated may be required to complete such construction, conversion, or expansion. (6) All loans made under this subsection shall be of such sound value or so secured as reasonably to assure repayment: Provided, however, That-- (A) for loans to assist any public or private organization or to assist any handicapped individual as provided in paragraph (10) of this subsection any reasonable doubt shall be resolved in favor of the applicant; (B) recognizing that greater risk may be associated with loans for energy measures as provided in paragraph (12) of this subsection, factors in determining ``sound value'' shall include, but not be limited to, quality of the product or service; technical qualifications of the applicant or his employees; sales projections; and the financial status of the business concern: Provided further, That such status need not be as sound as that required for general loans under this subsection; and On that portion of the loan used to refinance existing indebtedness held by a bank or other lending institution, the Administration shall limit the amount of deferred participation to 80 per centum of the amount of the loan at the time of disbursement: Provided further, That any authority conferred by this subparagraph on the Administration shall be exercised solely by the Administration and shall not be delegated to other than Administration personnel. (7) The Administration may defer payments on the principal 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. (8) The Administration may make loans under this subsection to small business concerns owned and controlled by disabled veterans (as defined in section 4211(3) of title 38, United States Code). (9) The Administration may provide loans under this subsection to finance residential or commercial construction or rehabilitation for sale: Provided, however, That such loans shall not be used primarily for the acquisition of land. (10) The Administration may provide guaranteed loans under this subsection to assist any public or private organization for the handicapped or to assist any handicapped individual, including service-disabled veterans, in establishing, acquiring, or operating a small business concern. (11) The Administration may provide loans under this subsection to any small business concern, or to any qualified person seeking to establish such a concern when it determines that such loan will further the policies established in section 2(c) of this Act, with particular emphasis on the preservation or establishment of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals or owned by low- income individuals. (12)(A) The Administration may provide loans under this subsection to assist any small business concern, including start up, to enable such concern to design architecturally or engineer, manufacture, distribute, market, install, or service energy measures: Provided, however, That such loan proceeds shall not be used primarily for research and development. (b) The Administration may provide deferred participation loans under this subsection to finance the planning, design, or installation of pollution control facilities for the purposes set forth in section 404 of the Small Business Investment Act of 1958. Notwithstanding the limitation expressed in paragraph (3) of this subsection, a loan made under this paragraph may not result in a total amount outstanding and committed to a borrower from the business loan and investment fund of more than $1,000,000. (13) The Administration may provide financing under this subsection to State and local development companies for the purposes of, and subject to the restrictions in, title V of the Small Business Investment Act of 1958. (14) Export working capital program.-- (A) In general.--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. (B) Terms.-- (i) Loan amount.--The Administrator may not guarantee a loan under this paragraph of more than $5,000,000. (ii) Fees.-- (I) In general.--For a loan under this paragraph, the Administrator shall collect the fee assessed under paragraph (23) not more frequently than once each year. (II) Untapped credit.--The Administrator may not assess a fee on capital that is not accessed by the small business concern. (C) Considerations.--When considering loan or guarantee applications, the Administration shall give weight to export-related benefits, including opening new markets for United States goods and services abroad and encouraging the involvement of small businesses, including agricultural concerns, in the export market. (D) Marketing.--The Administrator shall aggressively market its export financing program to small businesses. (15)(A) The Administration may guarantee loans under this subsection to qualified employee trusts with respect to a small business concern for the purpose of 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. (B) The plan requiring the Administrator's approval under subparagraph (A) shall be submitted to the Administration by the trustee of such trust 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 the Internal Revenue Code of 1954), 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, and (iii) there will be adequate management to assure management expertise and continuity. (C) In determining whether to guarantee any loan under this paragraph, the individual business experience or personal assets of employee-owners shall not be used as criteria, except inasmuch as certain employee-owners may assume managerial responsibilities, in which case business experience may be considered. (D) For purposes of this paragraph, a corporation which is controlled by any other person shall be treated as a small business concern if such corporation would, after the plan described in subparagraph (B) is carried out, be treated as a small business concern. (E) The Administration shall compile a separate list of applications for assistance under this paragraph, indicating which applications were accepted and which were denied, and shall report periodically to the Congress on the status of employee-owned firms assisted by the Administration. (16) International trade.-- (A) In general.--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. (B) Security.-- (i) In general.--Except as provided in clause (ii), each loan made under this paragraph shall be secured by a first lien position or first mortgage on the property or equipment financed by the loan or on other assets of the small business concern. (ii) Exception.--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. (C) Engaged in international trade.--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. (D) Adversely affected by international trade.--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. (E) Findings by certain federal agencies.-- 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. (F) List of export finance lenders.-- (i) Publication of list required.-- 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). (ii) Availability of list.--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. (17) The Administration shall authorize lending institutions and other entities in addition to banks to make loans authorized under this subsection. (18) Guarantee fees.-- (A) In general.--With respect to each loan guaranteed under this subsection (other than a loan that is repayable in 1 year or less), the Administration shall collect a guarantee fee, which shall be payable by the participating lender, and may be charged to the borrower, as follows: (i) A guarantee fee not to exceed 2 percent of the deferred participation share of a total loan amount that is not more than $150,000. (ii) A guarantee fee not to exceed 3 percent of the deferred participation share of a total loan amount that is more than $150,000, but not more than $700,000. (iii) A guarantee fee not to exceed 3.5 percent of the deferred participation share of a total loan amount that is more than $700,000. (iv) In addition to the fee under clause (iii), a guarantee fee equal to 0.25 percent of any portion of the deferred participation share that is more than $1,000,000. (B) Retention of certain fees.--Lenders participating in the programs established under this subsection may retain not more than 25 percent of a fee collected under subparagraph (A)(i). (19)(A) In addition to the Preferred Lenders Program authorized by the proviso in section 5(b)(7), the Administration is authorized to establish a Certified Lenders Program for lenders who establish their knowledge of Administration laws and regulations concerning the guaranteed loan program and their proficiency in program requirements. The designation of a lender as a certified lender shall be suspended or revoked at any time that the Administration determines that the lender is not adhering to its rules and regulations or that the loss experience of the lender is excessive as compared to other lenders, but such suspension or revocation shall not affect any outstanding guarantee. (B) In order to encourage all lending institutions and other entities making loans authorized under this subsection to provide loans of $50,000 or less in guarantees to eligible small business loan applicants, the Administration shall develop and allow participating lenders to solely utilize a uniform and simplified loan form for such loans. (C) Authority to liquidate loans.-- (i) In general.--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. (ii) Automatic approval.--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. (20)(A) The Administration is empowered to make loans either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis to small business concerns eligible for assistance under subsection (j)(10) and section 8(a). Such assistance may be provided only if the Administration determines that-- (i) the type and amount of such assistance requested by such concern is not otherwise available on reasonable terms from other sources; (ii) with such assistance such concern has a reasonable prospect for operating soundly and profitably within a reasonable period of time; (iii) the proceeds of such assistance will be used within a reasonable time for plant construction, conversion, or expansion, including the acquisition of equipment, facilities, machinery, supplies, or material or to supply such concern with working capital to be used in the manufacture of articles, equipment, supplies, or material for defense or civilian production or as may be necessary to insure a well-balanced national economy; and (iv) such assistance is of such sound value as reasonably to assure that the terms under which it is provided will not be breached by the small business concern. (B)(i) No loan shall be made under this paragraph if the total amount outstanding and committed (by participation or otherwise) to the borrower would exceed $750,000. (ii) Subject to the provisions of clause (i), in agreements to participate in loans on a deferred (guaranteed) basis, participation by the Administration shall be not less than 85 per centum of the balance of the financing outstanding at the time of disbursement. (iii) The rate of interest on financings made on a deferred (guaranteed) basis shall be legal and reasonable. (iv) Financings made pursuant to this paragraph shall be subject to the following limitations: (I) No immediate participation may be purchased unless it is shown that a deferred participation is not available. (II) No direct financing may be made unless it is shown that a participation is unavailable. (C) A direct loan or the Administration's share of an immediate participation loan made pursuant to this paragraph shall be any secured debt instrument-- (i) that is subordinated by its terms to all other borrowings of the issuer; (ii) the rate of interest on which shall not exceed 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 and adjusted to the nearest one- eighth of 1 per centum; (iii) the term of which is not more than twenty-five years; and (iv) the principal on which is amortized at such rate as may be deemed appropriate by the Administration, and the interest on which is payable not less often than annually. (21)(A) The Administration may make loans on a guaranteed basis under the authority of this subsection-- (i) to a small business concern that has been (or can reasonably be expected to be) detrimentally affected by-- (I) the closure (or substantial reduction) of a Department of Defense installation; or (II) the termination (or substantial reduction) of a Department of Defense program on which such small business was a prime contractor or subcontractor (or supplier) at any tier; or (ii) to a qualified individual or a veteran seeking to establish (or acquire) and operate a small business concern. (B) Recognizing that greater risk may be associated with a loan to a small business concern described in subparagraph (A)(i), any reasonable doubts concerning the firm's proposed business plan for transition to nondefense-related markets shall be resolved in favor of the loan applicant when making any determination regarding the sound value of the proposed loan in accordance with paragraph (6). (C) Loans pursuant to this paragraph shall be authorized in such amounts as provided in advance in appropriation Acts for the purposes of loans under this paragraph. (D) For purposes of this paragraph a qualified individual is-- (i) a member of the Armed Forces of the United States, honorably discharged from active duty involuntarily or pursuant to a program providing bonuses or other inducements to encourage voluntary separation or early retirement; (ii) a civilian employee of the Department of Defense involuntarily separated from Federal service or retired pursuant to a program offering inducements to encourage early retirement; or (iii) an employee of a prime contractor, subcontractor, or supplier at any tier of a Department of Defense program whose employment is involuntarily terminated (or voluntarily terminated pursuant to a program offering inducements to encourage voluntary separation or early retirement) due to the termination (or substantial reduction) of a Department of Defense program. (E) Job creation and community benefit.--In providing assistance under this paragraph, the Administration shall develop procedures to ensure, to the maximum extent practicable, that such assistance is used for projects that-- (i) have the greatest potential for-- (I) creating new jobs for individuals whose employment is involuntarily terminated due to reductions in Federal defense expenditures; or (II) preventing the loss of jobs by employees of small business concerns described in subparagraph (A)(i); and (ii) have substantial potential for stimulating new economic activity in communities most affected by reductions in Federal defense expenditures. (22) The Administration is authorized to permit participating lenders to impose and collect a reasonable penalty fee on late payments of loans guaranteed under this subsection in an amount not to exceed 5 percent of the monthly loan payment per month plus interest. (23) Yearly fee.-- (A) In general.--With respect to each loan approved under this subsection, the Administration shall assess, collect, and retain a fee, not to exceed 0.55 percent per year of the outstanding balance of the deferred participation share of the loan, in an amount established once annually by the Administration in the Administration's annual budget request to Congress, as necessary to reduce to zero the cost to the Administration of making guarantees under this subsection. As used in this paragraph, the term ``cost'' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (B) Payer.--The yearly fee assessed under subparagraph (A) shall be payable by the participating lender and shall not be charged to the borrower. (C) Lowering of borrower fees.--If the Administration determines that fees paid by lenders and by small business borrowers for guarantees under this subsection may be reduced, consistent with reducing to zero the cost to the Administration of making such guarantees-- (i) the Administration shall first consider reducing fees paid by small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the maximum extent possible; and (ii) fees paid by small business borrowers shall not be increased above the levels in effect on the date of enactment of this subparagraph. (24) Notification requirement.--The Administration shall notify the Committees on Small Business of the Senate and the House of Representatives not later than 15 days before making any significant policy or administrative change affecting the operation of the loan program under this subsection. (25) Limitation on conducting pilot projects.-- (A) In general.--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. (B) Pilot program defined.--In this paragraph, the term ``pilot program'' means any lending program initiative, project, innovation, or other activity not specifically authorized by law. (C) Low documentation loan program.--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 the date of enactment of this subsection, the Administrator shall promulgate regulations defining the experience necessary for participation as a lender in the low documentation loan program. (26) Calculation of subsidy rate.--All fees, interest, and profits received and retained by the Administration under this subsection shall be included in the calculations made by the Director of the Office of Management and Budget to offset the cost (as that term is defined in section 502 of the Federal Credit Reform Act of 1990) to the Administration of purchasing and guaranteeing loans under this Act. (28) Leasing.--In addition to such other lease arrangements as may be authorized by the Administration, a borrower may permanently lease to one or more tenants not more than 20 percent of any property constructed with the proceeds of a loan guaranteed under this subsection, if the borrower permanently occupies and uses not less than 60 percent of the total business space in the property. (29) Real estate appraisals.--With respect to a loan under this subsection that is secured by commercial real property, an appraisal of such property by a State licensed or certified appraiser-- (A) shall be required by the Administration in connection with any such loan for more than $250,000; or (B) may be required by the Administration or the lender in connection with any such loan for $250,000 or less, if such appraisal is necessary for appropriate evaluation of creditworthiness. (30) Ownership requirements.--Ownership requirements to determine the eligibility of a small business concern that applies for assistance under any credit program under this Act shall be determined without regard to any ownership interest of a spouse arising solely from the application of the community property laws of a State for purposes of determining marital interests. (31) Express loans.-- (A) Definitions.--As used in this paragraph: (i) The term ``disaster area'' means the area for which the President has declared a major disaster, during the 5-year period beginning on the date of the declaration. (ii) The term ``express lender'' means any lender authorized by the Administration to participate in the Express Loan Program. (iii) The term ``express loan'' means any loan made pursuant to this paragraph in which a lender utilizes to the maximum extent practicable its own loan analyses, procedures, and documentation. (iv) The term ``Express Loan Program'' means the program for express loans established by the Administration under paragraph (25)(B), as in existence on April 5, 2004, with a guaranty rate of not more than 50 percent. (B) Restriction to express lender.--The authority to make an express loan shall be limited to those lenders deemed qualified to make such loans by the Administration. Designation as an express lender for purposes of making an express loan shall not prohibit such lender from taking any other action authorized by the Administration for that lender pursuant to this subsection. (C) Grandfathering of existing lenders.--Any express lender shall retain such designation unless the Administration determines that the express lender has violated the law or regulations promulgated by the Administration or modifies the requirements to be an express lender and the lender no longer satisfies those requirements. (D) Maximum loan amount.--The maximum loan amount under the Express Loan Program is $350,000. (E) Option to participate.--Except as otherwise provided in this paragraph, the Administration shall take no regulatory, policy, or administrative action, without regard to whether such action requires notification pursuant to paragraph (24), that has the effect of requiring a lender to make an express loan pursuant to subparagraph (D). (F) Express loans for renewable energy and energy efficiency.-- (i) Definitions.--In this subparagraph-- (I) the term ``biomass''-- (aa) means any organic material that is available on a renewable or recurring basis, including-- (AA) agricultural crops; (BB) trees grown for energy production; (CC) wood waste and wood residues; (DD) plants (including aquatic plants and grasses); (EE) residues; (FF) fibers; (GG) animal wastes and other waste materials; and (HH) fats, oils, and greases (including recycled fats, oils, and greases); and (bb) does not include-- (AA) paper that is commonly recycled; or (BB) unsegregated solid waste; (II) the term ``energy efficiency project'' means the installation or upgrading of equipment that results in a significant reduction in energy usage; and (III) the term ``renewable energy system'' means a system of energy derived from-- (aa) a wind, solar, biomass (including biodiesel), or geothermal source; or (bb) hydrogen derived from biomass or water using an energy source described in item (aa). (ii) Loans.--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. (G) Guarantee fee waiver for veterans.-- (i) Guarantee fee waiver.--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. (ii) Exception.--If the President's budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero, the requirements of clause (i) shall not apply to loans made during such upcoming fiscal year. (iii) Definition.--In this subparagraph, the term ``veteran or spouse of a veteran'' means-- (I) a veteran, as defined in section 3(q)(4); (II) an individual who is eligible to participate in the Transition Assistance Program established under section 1144 of title 10, United States Code; (III) a member of a reserve component of the Armed Forces named in section 10101 of title 10, United States Code; (IV) the spouse of an individual described in subclause (I), (II), or (III); or (V) the surviving spouse (as defined in section 101 of title 38, United States Code) of an individual described in subclause (I), (II), or (III) who died while serving on active duty or as a result of a disability that is service- connected (as defined in such section). (H) Recovery opportunity loans.-- (i) In general.--The Administrator may guarantee an express loan to a small business concern located in a disaster area in accordance with this subparagraph. (ii) Maximums.--For a loan guaranteed under clause (i)-- (I) the maximum loan amount is $150,000; and (II) the guarantee rate shall be not more than 85 percent. (iii) Overall cap.--A loan guaranteed under clause (i) shall not be counted in determining the amount of loans made to a borrower for purposes of subparagraph (D). (iv) Operations.--A small business concern receiving a loan guaranteed under clause (i) shall certify that the small business concern was in operation on the date on which the applicable major disaster occurred as a condition of receiving the loan. (v) Repayment ability.--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. (vi) Timing of payment of guarantees.-- (I) In general.--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. (II) Recapture.-- 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. (vii) Fees.-- (I) In general.--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. (II) Exception.--Subclause (I) shall not apply if the cost of carrying out the program under this subsection in a fiscal year is more than zero and such cost is directly attributable to the cost of guaranteeing loans under clause (i). (viii) Rules.--Not later than 270 days after the date of enactment of this subparagraph, the Administrator shall promulgate rules to carry out this subparagraph. (32) Loans for energy efficient technologies.-- (A) Definitions.--In this paragraph-- (i) the term ``cost'' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); (ii) the term ``covered energy efficiency loan'' means a loan-- (I) made under this subsection; and (II) the proceeds of which are used to purchase energy efficient designs, equipment, or fixtures, or to reduce the energy consumption of the borrower by 10 percent or more; and (iii) the term ``pilot program'' means the pilot program established under subparagraph (B) (B) Establishment.--The Administrator shall establish and carry out a pilot program under which the Administrator shall reduce the fees for covered energy efficiency loans. (C) Duration.--The pilot program shall terminate at the end of the second full fiscal year after the date that the Administrator establishes the pilot program. (D) Maximum participation.--A covered energy efficiency loan shall include the maximum participation levels by the Administrator permitted for loans made under this subsection. (E) Fees.-- (i) In general.--The fee on a covered energy efficiency loan shall be equal to 50 percent of the fee otherwise applicable to that loan under paragraph (18). (ii) Waiver.--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. (iii) Effect of waiver.--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. (iv) No increase of fees.--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. (F) GAO report.-- (i) In general.--Not later than 1 year after the date that the pilot program terminates, the Comptroller General of the United States 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 on the pilot program. (ii) Contents.--The report submitted under clause (i) shall include-- (I) the number of covered energy efficiency loans for which fees were reduced under the pilot program; (II) a description of the energy efficiency savings with the pilot program; (III) a description of the impact of the pilot program on the program under this subsection; (IV) an evaluation of the efficacy and potential fraud and abuse of the pilot program; and (V) recommendations for improving the pilot program. (33) Increased veteran participation program.-- (A) Definitions.--In this paragraph-- (i) the term ``cost'' has the meaning given that term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a); (ii) the term ``pilot program'' means the pilot program established under subparagraph (B); and (iii) the term ``veteran participation loan'' means a loan made under this subsection to a small business concern owned and controlled by veterans of the Armed Forces or members of the reserve components of the Armed Forces. (B) Establishment.--The Administrator shall establish and carry out a pilot program under which the Administrator shall reduce the fees for veteran participation loans. (C) Duration.--The pilot program shall terminate at the end of the second full fiscal year after the date that the Administrator establishes the pilot program. (D) Maximum participation.--A veteran participation loan shall include the maximum participation levels by the Administrator permitted for loans made under this subsection. (E) Fees.-- (i) In general.--The fee on a veteran participation loan shall be equal to 50 percent of the fee otherwise applicable to that loan under paragraph (18). (ii) Waiver.--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. (iii) Effect of waiver.--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. (iv) No increase of fees.--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. (F) GAO report.-- (i) In general.--Not later than 1 year after the date that the pilot program terminates, the Comptroller General of the United States 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 on the pilot program. (ii) Contents.--The report submitted under clause (i) shall include-- (I) the number of veteran participation loans for which fees were reduced under the pilot program; (II) a description of the impact of the pilot program on the program under this subsection; (III) an evaluation of the efficacy and potential fraud and abuse of the pilot program; and (IV) recommendations for improving the pilot program. (34) Export express program.-- (A) Definitions.--In this paragraph-- (i) the term ``export development activity'' includes-- (I) obtaining a standby letter of credit when required as a bid bond, performance bond, or advance payment guarantee; (II) participation in a trade show that takes place outside the United States; (III) translation of product brochures or catalogues for use in markets outside the United States; (IV) obtaining a general line of credit for export purposes; (V) performing a service contract from buyers located outside the United States; (VI) obtaining transaction- specific financing associated with completing export orders; (VII) purchasing real estate or equipment to be used in the production of goods or services for export; (VIII) providing term loans or other financing to enable a small business concern, including an export trading company and an export management company, to develop a market outside the United States; and (IX) acquiring, constructing, renovating, modernizing, improving, or expanding a production facility or equipment to be used in the United States in the production of goods or services for export; and (ii) the term ``express loan'' means a loan in which a lender uses to the maximum extent practicable the loan analyses, procedures, and documentation of the lender to provide expedited processing of the loan application. (B) Authority.--The Administrator may guarantee the timely payment of an express loan to a small business concern made for an export development activity. (C) Level of participation.-- (i) Maximum amount.--The maximum amount of an express loan guaranteed under this paragraph shall be $500,000. (ii) Percentage.--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. (b) Except as to agricultural enterprises as defined in section 18(b)(1) of this Act, the Administration also is empowered to the extent and in such amounts as provided in advance in appropriation Acts-- (1)(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 amount 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, (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.); or (B) a natural disaster, as determined by the Secretary of Agriculture pursuant to section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961), 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; or (C) a disaster, as determined by the Administrator of the Small Business Administration; or (D) if no disaster declaration has been issued pursuant to subparagraph (A), (B), or (C), the Governor of a State in which a disaster 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, and (2) are in need of financial assistance which is not available on reasonable terms in the disaster 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, and may then make such loans as would have been available under this paragraph if a disaster declaration had been issued. Provided, That no loan or guarantee shall be extended pursuant to this paragraph (2) unless the Administration finds that the applicant is not able to obtain credit elsewhere. (3)(A) In this paragraph-- (i) 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; (ii) the term ``period of military conflict'' has the meaning given the term in subsection (n)(1); 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 active military duty during a period of military conflict. (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 duty and ending on the date that is 1 year after the date on which such essential employee is discharged or released from active duty. 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 have 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. (G)(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 duty. (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. (4) Coordination with fema.-- (A) In general.--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 Act 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) Deadlines.--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 Act 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) Public awareness of disasters.--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. (6) Authority for qualified private contractors.-- (A) Disaster loan processing.--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) Loan loss verification services.--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. (7) Disaster assistance employees.-- (A) In general.--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) Report.--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. (8) Increased loan caps.-- (A) Aggregate loan amounts.--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) Waiver authority.--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. (9) Declaration of eligibility for additional disaster assistance.-- (A) In general.--If the President declares a major disaster, the Administrator may declare eligibility for additional disaster assistance in accordance with this paragraph. (B) Threshold.--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. (C) Additional economic injury disaster loan assistance.-- (i) In general.--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. (ii) Processing time.-- (I) In general.--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) Suspension of applications from outside disaster area.--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) Loan terms.--A loan under this subparagraph shall be made on the same terms as a loan under paragraph (2). (D) Definitions.--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 (II)(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) Reducing closing and disbursement delays.--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) Increasing transparency in loan approvals.--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. (12) Additional awards to small business development centers, women's business centers, and score for disaster recovery.-- (A) In general.--The Administration may provide financial assistance to a small business development center, a women's business center described in section 29, 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) Form of financial assistance.--Financial assistance provided under this paragraph shall be in the form of a grant, contract, or cooperative agreement. (C) No matching funds required.--Matching funds shall not be required for any grant, contract, or cooperative agreement under this paragraph. (D) Requirements.--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. (E) Performance.-- (i) In general.--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) Use of estimates.--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. (F) Term.-- (i) In general.--The term of any grant, contract, or cooperative agreement under this paragraph shall be for not more than 2 years. (ii) Extension.--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) Exemption from other program requirements.--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 Act. (H) Competitive basis.--The Administration shall award financial assistance under this paragraph on a competitive basis. (13) Supplemental assistance for contractor malfeasance.-- (A) In general.--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) Requirements.--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. (14) Business recovery centers.-- (A) In general.--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) Requirements for identification.--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) Increased oversight of economic injury disaster loans.--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. 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-eight 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. No 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 Committee 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 project 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 be not 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 program, consent to the suspension of the payments of the principal of that loan, mortgage, or lien during the lifetime of that individual and his souse 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 per centum per annum. With respect to any loan referred to in clause (D) which is outstanding on the date of enactment of this paragraph, the Administrator shall-- (i) make sure change in the interest rate on the balance of such loan as is required under that clause effective as of such date of enactment; 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. 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. (E) 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 to a disaster loan under paragraph (1) (2)of this subsection. (c) Private Disaster Loans.-- (1) Definitions.--In this subsection-- (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; (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); (C) the term ``eligible small business concern'' means a business concern that is-- (i) a small business concern, as defined under this Act; or (ii) a small business concern, as defined in section 103 of the Small Business Investment Act of 1958; (D) the term ``preferred lender'' means a lender participating in the Preferred Lender Program; (E) the term ``Preferred Lender Program'' has the meaning given that term in subsection (a)(2)(C)(ii); and (F) the term ``qualified private lender'' means any privately-owned bank or other lending institution that-- (i) is not a preferred lender; and (ii) the Administrator determines meets the criteria established under paragraph (10). (2) Program required.--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. (3) Use of loans.--A loan guaranteed by the Administrator under this subsection may be used for any purpose authorized under subsection (b). (4) Online applications.-- (A) Establishment.--The Administrator may establish, directly or through an agreement with another entity, an online application process for loans guaranteed under this subsection. (B) Other federal assistance.--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. (C) Consultation.--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. (5) Maximum amounts.-- (A) Guarantee percentage.--The Administrator may guarantee not more than 85 percent of a loan under this subsection. (B) Loan amount.--The maximum amount of a loan guaranteed under this subsection shall be $2,000,000. (6) Terms and conditions.--A loan guaranteed under this subsection shall be made under the same terms and conditions as a loan under subsection (b). (7) Lenders.-- (A) In general.--A loan guaranteed under this subsection made to-- (i) a qualified individual may be made by a preferred lender; and (ii) a qualified small business concern may be made by a qualified private lender or by a preferred lender that also makes loans to qualified individuals. (B) Compliance.--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. (8) Fees.-- (A) In general.--The Administrator may not collect a guarantee fee under this subsection. (B) Origination fee.--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. (9) Documentation.--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). (10) Implementation regulations.-- (A) In general.--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. (B) Report to congress.--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. (11) Authorization of appropriations.-- (A) In general.--Amounts necessary to carry out this subsection shall be made available from amounts appropriated to the Administration to carry out subsection (b). (B) Authority to reduce interest rates and other terms and conditions.--Funds appropriated to the Administration to carry out this subsection, may be used by the Administrator to meet the loan terms and conditions specified in paragraph (6). (12) Purchase of loans.--The Administrator may enter into an agreement with a qualified private lender or preferred lender to purchase any loan guaranteed under this subsection. (d)(1) The Administration may further extend the maturity of or renew any loan made pursuant to this section, or any loan transferred to the Administration pursuant to Reorganization Plan Numbered 2 of 1954, or Reorganization Plan Numbered 1 of 1957, for additional periods not to exceed ten years beyond the period stated therein, if such extension or renewal will aid in the orderly liquidation of such loan. (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 agreegate amount equal to the amount paid in its behalf by the Administrator, in such manner and at such time (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. (3) With respect to a disaster occurring on or after October 1, 1978, and prior the effective date of this Act, on the Administration's share of loans made pursuant to paragraph (1) of subsection (b)-- (A) if the loan proceeds are to repair or replace a primary residence and/or repair or replace damaged or destroyed personal property, the interest rate shall be 3 percent on the first $55,000 of such loan; (B) if the loan proceeds are to repair or replace property damaged or destroyed and if the applicant is a business concern which is unable to obtain sufficient credit elsewhere, the interest rate shall be as determined by the Administration, but not in excess of 5 percent per annum; and (C) if the loan proceeds are to repair or replace property damaged or destroyed and if the applicant is a business concern which is able to obtain sufficient credit elsewhere, the interest rate shall not exceed 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 and adjusted to the nearest one-eight of 1 percent, and an additional amount as determined by the Administration, but not to exceed 1 percent: Provided, That three years after such loan is fully disbursed and every two years thereafter for the term of the loan, if the Administration determines that the borrower is able to obtain a loan from one-Federal sources at reasonable rates and terms for loans of similar purposes and periods of time, the borrower shall, upon request by the Administration, apply for and accept such a loan in sufficient amount to repay the Administration: Provided further, That no loan under subsection (b)(1) shall be made, 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 such subsection 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. (4) Notwithstanding the provisions of any other law, the interest rate on the Federal share of any loan made under subsection (b) shall be-- (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-eight of 1 per centum but not to exceed 8 per centum per annum; (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; (C) in the case of a business concern unable to obtain credit elsewhere, not to exceed 8 per centum per annum; (D) in the case of a business concern able to obtain credit elsewhere, the rate prescribed by the Administration but not in excess of the rate prevailing in private market for similar loans and not more than the rate prescribed by the Administration as the maximum interest rate for deferred participation (guaranteed) loans under section 7(a) of this Act. Loans under this subparagraph shall be limited to a maximum term of three years. (5) Notwithstanding the provisions of any other law, the interest rate on the Federal share of any loan made under subsection (b)(1) and (b)(2) on account of a disaster commencing on or after October 1, 1982, shall be-- (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; (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; (C) in the case of a business, private nonprofit organization, or other concern, including agricultural cooperatives, unable to obtain credit elsewhere, not to exceed 4 per centum per annum; (D) in the case of a business concern able to obtain credit elsewhere, the rate prescribed by the Administration but not in excess of the lowest of (i) the rate prevailing in the private market for similar loans, (ii) the rate prescribed by the Administration as the maximum interest rate for deferred participation (guaranteed) loans under section 7(a) of this Act, or (iii) 8 per centum per annum. Loans under this subparagraph shall be limited to a maximum term of 7 years. (6) Notwithstanding the provisions of any other law, such loans, subject to the reductions required by subparagraphs (A) and (B) of paragraph 7(b)(1), shall be in amounts equal to 100 per centum of loss. The interest rate for loans made under paragraphs 7(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 paragraphs 7(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 7(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 paragraph 7(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 $25,000 or less (or such higher amount as the Administrator determines appropriate in the event of a 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 the date of enactment of this paragraph and which was made on account of a disaster commencing on or after October 1, 1982, the Administrator shall made such change in the interest rate on the balance of such loan as is required herein effective as of the date of enactment. (7) The Administration shall not withhold disaster assistance pursuant to this paragraph to nurseries who are victims of drought disasters. As used in section 7(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. (8) Disaster loans for superstorm sandy.-- (A) In general.--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. (B) Timing.--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. (C) Inspector general review.--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. (e) The Administration shall not fund any Small Business Development Center or any variation thereof, except as authorized in section 21 of this Act. (f) Additional Requirements for 7(b) Loans.-- (1) Increased deferment authorized.-- (A) In general.--In making loans under subsection (b), the Administrator may provide, to the person receiving the loan, an option to defer repayment on the loan. (B) Period.--The period of a deferment under subparagraph (A) may not exceed 4 years. (g) Net Earnings Clauses Prohibited for 7(b) Loans.--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. (e) [RESERVED]. (f) [RESERVED]. (h)(1) The Administration also is empowered, where other financial assistance is not available on reasonable terms, to make such loans (either directly or in cooperation with Banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate-- (A) to assist any public or private organization-- (i) which is organized under the laws of the United States or of any State, operated in the interest of handicapped individuals, the net income of which does not inure in whole or in part to the benefit of any shareholder or other individual; (ii) which complies with any applicable occupational health and safety standard prescribed by the Secretary of Labor; and (iii) which, in the production of commodities and in the provision of services during any fiscal year in which it receives financial assistance under this subsection, employs handicapped individuals for not less than 75 per centum of the man-hours required for the production or provision of the commodities or services; or (B) to assist any handicapped individual in establishing, acquiring, or operating a small business concern. (2) The Administration's share of any loan made under this subsection shall not exceed $350,000, nor may any such loan be made if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund established by section 4(c)(1)(B) of this Act would exceed $350,000. In agreements to participate in loans on a deferred basis under this subsection, the Administration's participation may total 100 per centum of the balance of the loan at the time of disbursement. The Administration's share of any loan made under this subsection shall bear interest at the rate of 3 per centum per annum. The maximum term of any such loan, including extensions and renewals thereof, may not exceed fifteen years. All loans made under this subsection shall be of such sound value or so secured as reasonably to assure repayment: Provided, however, That any reasonable doubt shall be resolved in favor of the applicant. (3) For purposes of this subsection, the term ``handicapped individual'' means a person who has a physical, mental, or emotional impairment, defect, ailment, disease, or disability of a permanent nature which in any way limits the selection of any type of employment for which the person would otherwise be qualified or qualifiable. (i)(1) The Administration also is empowered to make, participate (on an immediate basis) in, or guarantee loans, repayable in not more than fifteen years, to any small business concern, or to any qualified person seeking to establish such a concern, when it determines that such loans will further the policies established in section 2(b) of this Act, with particular emphasis on the preservation or establishment of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals, or owned by low-income individuals: Provided, however, That no such loans shall be made, participated in, or guaranteed if the total of such Federal assistance to a single borrower outstanding at any one time would exceed $100,000. The Administration may defer payments on the principal 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. The Administration may, in its discretion, as a condition of such financial assistance, require that the borrower take steps to improve his management skills by participating in a management training program approved by the Administration: Provided, however, That any management training program so approved must be of sufficient scope and duration to provide reasonable opportunity for the individuals served to develop entrepreneurial and managerial self-sufficiency. (2) The Administration shall encourage, as far as possible, the participation of the private business community in the program of assistance to such concerns, and shall seek to stimulate new private lending activities to such concerns through the use of the loan guarantees, participations in loans, and pooling arrangements authorized by this subsection. (3) To insure an equitable distribution between urban and rural areas for loans between $3,500 and $100,000 made under this subsection, the Administration is authorized to use the agencies and agreements and delegations developed under title III of the Economic Opportunity Act of 1964, as amended, as it shall determine necessary. (4) The Administration shall provide for the continuing evaluation of programs under this subsection, including full information on the location, income characteristics, and types of businesses and individuals assisted, and on new private lending activity stimulated, and the results of such evaluation together with recommendations shall be included in the report required by section 10(a) of this Act. (5) Loans made pursuant to this subsection (including immediate participation in and guarantees of such loans) shall have such terms and conditions as the Administration shall determine, subject to the following limitations-- (A) there is reasonable assurance of repayment of the loan; (B) the financial assistance is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; (C) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made; (D) the loan bears interest at a rate not less than (i) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (ii) such additional charge, if any, toward covering other costs of the program as the Administration may determine to be consistent with its purposes: Provided, however, That the rate of interest charged on loans made in redevelopment areas designated under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3108 et seq.) shall not exceed the rate currently applicable to new loans made under section 201 of that Act (42 U.S.C. 3142); and (E) fees not in excess of amounts necessary to cover administrative expenses and probable losses may be required on loan guarantees. (6) The Administration shall take such steps as may be necessary to insure that, in any fiscal year, at least 50 per centum of the amounts loaned or guaranteed pursuant to this subsection are allotted to small business concerns located in urban areas identified by the Administration as having high concentrations of unemployed or low-income individuals or to small business concerns owned by low-income individuals. The Administration shall define the meaning of low income as it applies to owners of small business concerns eligible to be assisted under this subsection. (7) No financial assistance shall be extended pursuant to this subsection when the Administration determines that the assistance will be used in relocating establishments from one area to another if such relocation would result in an increase in unemployment in the area of original location. (j)(1) the Administration shall provide financial assistance to public or private organizations to pay all or part of the cost of projects designated to provide technical or management assistance to individuals or enterprises eligible for assistance under sections 7(i), 7(j)(10), and 8(a) of this Act, with special attention to small businesses located in areas of high concentration of unemployed or low-income individuals, to small businesses eligible to receive contracts pursuant to section 8(a) of this Act. (2) Financial assistance under this subsection may be provided for projects, including, but not limited to-- (A) planning and research, including feasibility studies and market research; (B) the identification and development of new business opportunities; (C) the furnishing of centralized services with regard to public services and Federal Government programs including programs authorized under sections 7(i), (7)(j)(10), and 8(a) of this Act; (D) the establishment and strengthening of business service agencies, including trade associations and cooperative; and (E) the furnishing of business counseling, management training, and legal and other related services, with special emphasis on the development of management training programs using the resources of the business community, including the development of management training opportunities in existing business, and with emphasis in all cases upon providing management training of sufficient scope and duration to develop entrepreneurial and managerial self-sufficiency on the part of the individuals served. (3) The Administration shall encourage the placement of subcontracts by businesses with small business concerns located in area of high concentration of unemployed or low-income individuals, with small businesses owned by low-income individuals, and with small businesses eligible to receive contracts pursuant to section 8(a) of this Act. The Administration may provide incentives and assistance to such businesses that will aid in the training and upgrading of potential subcontractors or other small business concerns eligible for assistance under section 7(i), 7(j), and 8(a), of this Act. (4) The Administration shall give preference to projects which promote the ownership, participation in ownership, or management of small businesses owned by low-income individuals and small businesses eligible to receive contracts pursuant to section 8(a) of this Act. (5) The financial assistance authorized for projects under this subsection includes assistance advanced by grant, agreement, or contract. (6) The Administration is authorized to make payments under grants and contracts entered into under this subsection in lump sum or installments, and in advance or by way of reimbursement, and in the case of grants, with necessary adjustments on account of overpayments or underpayments. (7) To the extent feasible, services under this subsection shall be provided in a location which is easily accessible to the individuals and small business concerns served. (9) The Administration shall take such steps as may be necessary and appropriate, in coordination and cooperation with the heads of other Federal departments and agencies, to insure that contracts, subcontracts, and deposits made by the Federal Government or with programs aided with Federal funds are placed in such way as to further the purposes of sections 7(i), 7(j), and 8(a) of this Act. (10) There is established with 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 8(a) of this Act. The program, and all other services and activities authorized under section 7(j) and 8(a) of this Act, 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). (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) financing 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) guarantee from the Administration pursuant to title IV, part B of the Small Business Investment Act of 1958. (B) Small business concerns eligible to receive contracts pursuant to section 8(a) of this Act shall participate in the Program. (C)(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 8(a) 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 8(a); or (II) its original fixed program participation term (plus any extension thereof) assigned prior to the effective date of this paragraph 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. (D)(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 8(a)(6). 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 8(a). (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 8(a). (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 8(a) 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 8(a). (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 8(a). (iv) Each Program Participant shall annually forecast its needs for contract awards under section 8(a) 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) 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 8(a), reflecting compliance with the requirements of subparagraph (I) relating to attaining business activity from sources other than contracts awarded pursuant to section 8(a), (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 8(a) 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 8(a)(9); or (iv) is graduated pursuant to a graduation proceeding conducted in accordance with section 8(a)(9). (F) For the purposes of section and 8(a), the terms ``terminated'' or ``termination'' means the total denial or suspension of assistance under this paragraph or under section 8(a) prior to the graduation of the participating small business concern or prior to the expiration of the maximum program participation in 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 8(a); (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 16. 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 8(a)(9). (H) For the purposes of sections 7(j) and 8(a) 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 8(a). (I)(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 8(a) (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 8(a), 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 the effective date of this subparagraph; (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 8(a), 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 8(a); 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 8(a); except for actions that would constitute a termination, remedial measures taken pursuant to this subclause shall not be reviewable pursuant to section 8(a)(9). (J)(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 8(a) may be suspended pursuant to subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation). (ii)(I) Except as authorized by subclauses (II) or (III), no award shall be made pursuant to section 8(a) 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 8(a). (11)(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 section 7(i) of this Act and small business concerns eligible to receive contracts pursuant to section 8(a) of this Act. (B)(i) Except as provided in clause (iii), no individual who was determined pursuant to section 8(a) to be socially and economically disadvantaged before the effective date of this subparagraph shall be permitted to assert such disadvantage with respect to any other concern making application for certification after such effective date. (ii) Except as provided in clause (iii), any individual upon whom eligibility is based pursuant to section 8(a)(4) shall be permitted to assert such eligibility for only one small business concern. (iii) A socially and economically disadvantaged Indian tribe may own more than one small business concern eligible for assistance pursuant to section 7(j)(10) and section 8(a) if-- (I) the Indian tribe does not own another firm in the same industry which has been determined to be eligible to receive contracts under this program, and (II) the individuals responsible for the management and daily operations of the concern do not manage more than two Program Participants. (C) No concern, previously eligible for the award of contracts pursuant to section 8(a), shall be subsequently recertified for program participation if its prior participation in the program was concluded for any of the reasons described in paragraph (10)(E). (D) A concern eligible for the award of contracts pursuant to this subsection shall remain eligible for such contracts if there is a transfer of ownership and control (as defined pursuant to section 8(a)(4)) to individuals who are determined to be socially and economically disadvantaged pursuant to section 8(a). In the event of such a transfer, the concern, if not terminated or graduated, shall be eligible for a period of continued participation in the program not to exceed the time limitations prescribed in paragraph (15). (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. (F) Subject to the provisions of section 8(a)(9), the functions and responsibility of the Division are to-- (i) receive, review and evaluate applications for certification pursuant to paragraphs (4), (5), (6) and (7) of section 8(a); (ii) advise each program applicant within 15 days after the receipt of an application as to whether such application is complete and suitable for evaluation and, if not, what matters must be rectified; (iii) render recommendations on such applications to the Associate Administrator for Minority Small Business and Capital Ownership Development; (iv) review and evaluate financial statements and other submissions from concerns participating in the program established by paragraph (10) to ascertain continued eligibility to receive subcontracts pursuant to section 8(a); (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; (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; (vii) decide protests regarding the status of a concern as a disadvantaged concern for purposes of any program or activity conducted under the authority of subsection (d) of section 8, or any other provision of Federal law that references such subsection for a definition of program eligibility; and (vii) 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. (G) An applicant shall not be denied admission into the program established by paragraph (10) due solely to a determination by the Division that specific contract opportunities are unavailable to assist in the development of such concern unless-- (i) the Government has not previously procured and is unlikely to procure the types of products or services offered by the concern; or (ii) the purchases of such products or services by the Federal Government will not be in quantities sufficient to support the developmental needs of the applicant and other Program Participants providing the same or similar items or services. (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. (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. (12)(A) The Administration shall segment the Capital Ownership Development Program into two stages: a developmental stage; and a transitional stage. (B) The developmental stage of program participation shall be designed to assist the concern in its effort to overcome its economic disadvantage by providing such assistance as may be necessary and appropriate to access its markets and to strengthen its financial and managerial skills. (C) The transitional stage of program participation shall be designed to overcome, insofar as practicable, the remaining elements of economic disadvantage and to prepare such concern for graduation from the program. (13) A Program Participant, if otherwise eligible, shall be qualified to receive the following assistance during the stages of program participation specified in paragraph 12: (A) Contract support pursuant to section 8(a). (B) Financial assistance pursuant to section 7(a)(20). (C) A maximum of two exemptions from the requirements of section 1(a) of the Act entitled ``An Act providing conditions for the purchase of supplies and the making of contracts by the United States, and for other purposes'', approved June 30, 1936 (49 Stat. 2036), which exemptions shall apply only to contracts awarded pursuant to section (8)(a) and shall only be used to allow for contingent agreements by a small business concern to acquire the machinery, equipment, facilities, or labor needed to perform such contracts. No exemption shall be made pursuant to this subparagraph if the contract to which it pertains has an anticipated value in excess of $10,000,000. This subparagraph shall cease to be effective on October 1, 1992. (D) A maximum of five exemptions from the requirements of the Act entitled ``An Act requiring contracts for the construction, alteration and repair of any public building or public work of the United States to be accompanied by a performance bond protecting the United States and by an additional bond for the protection of persons furnishing material and labor for the construction, alteration, or repair of said public buildings or public works'', approved August 24, 1935 (49 Stat. 793), which exemptions shall apply only to contracts awarded pursuant to section 8(a), except that, such exemptions may be granted under this subparagraph only if-- (i) the Administration finds that such concern is unable to obtain the requisite bond or bonds from a surety and that no surety is willing to issue a bond subject to the guarantee provision of title IV of the Small Business Investment Act of 1958 (15 U.S.C. 692 et seq.); (ii) the Administration and the agency providing the contracting opportunity have provided for the protection of persons furnishing materials or labor to the Program Participant by arranging for the direct disbursement of funds due to such persons by the procuring agency or through any bank the deposits of which are insured by the Federal Deposit Insurance Corporation; and (iii) the contract to which it pertains does not exceed $3,000,000 in amount. This subparagraph shall cease to be effective on October 1, 1994. (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 18(a). 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. 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. (F)(i) The transfer of technology or surplus property owned by the United States to such a concern. Activities designed to effect such transfer shall be developed in cooperation with the heads of Federal agencies and shall include the transfer by grant, license, or sale of such technology or property to such a concern. Such property may be transferred to Program Participants on a priority basis. Technology or property transferred under this subparagraph shall be used by the concern during the normal conduct of its business operation and shall not be sold or transferred to any other party (other than the Government) during such concern's term of participation in the Program and for one year thereafter. (ii)(I) In this clause-- (aa) the term ``covered period'' means the 2-year period beginning on the date on which the President declared the applicable major disaster; and (bb) the term ``disaster area'' means the area for which the President has declared a major disaster, during the covered period. (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. (III) For any transfer of property under this clause to a small business concern, the terms and conditions shall be the same as a transfer to a Program Participant, except that the small business concern shall agree not to sell or transfer the property to any party other than the Federal Government during the covered period. (IV) A small business concern that receives a transfer of property under this clause may not receive a transfer of property under clause (i) during the covered period. (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. (G) Training assistance whereby the Administration shall conduct training sessions to assist individuals and enterprises eligible to receive contracts under section 8(a) in the development of business principles and strategies to enhance their ability to successfully compete for contracts in the marketplace. (H) Joint ventures, leader-follower arrangements, and teaming agreements between the Program Participant and other Program Participants and other business concerns with respect to contracting opportunities for the research, development, full-scale engineering or production of major systems. Such activities shall be undertaken on the basis of programs developed by the agency responsible for the procurement of the major system, with the assistance of the Administration. (I) Transitional management business planning training and technical assistance. (J) Program Participants in the developmental stage of Program participation shall be eligible for the assistance provided by subparagraphs (A), (B), (C), (D), (E), (F), and (G). (14) Program Participants in the transitional stage of Program participation shall be eligible for the assistance provided by subparagraphs (A), (B), (F), (G), (H), and (I) of paragraph (13). (15) Subject to the provisions of paragraph (10)(C), a small business concern may receive developmental assistance under the Program and contracts under section 8(a) for a total period of not longer than nine years, measured from the date of its certification under the authority of such section, of which-- (A) no more than four years may be spent in the developmental stage of Program Participation; and (B) no more than five years may be spent in the transitional stage of Program Participation. (16)(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). (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 the effective date of this paragraph. (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 8(a). (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 8(a), and a description including (if appropriate) an estimate of the dollar value of all benefits received pursuant to paragraphs (13) and (14) and section 7(a)(20) during such year. (v) The total dollar value of contracts and options awarded during the preceding fiscal year pursuant to section 8(a) 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 8(a). (vii) The total dollar value of contracts and options awarded pursuant to section 8(a), 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. (C) The first report required by subparagraph (B) shall pertain to fiscal year 1990. (k) In carrying out its functions under subsections 7(i), 7(j), and 8(a) of this Act, the Administration is authorized-- (1) to utilize, with their consent, the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or political subdivision of a State, accept and utilize the services and facilities of such State or subdivision without reimbursement; (2) to accept, in the name of the Administration, and employ or dispose of in furtherance of the purposes of this Act, any money or property, real, personal, or mixed, tangible, or intangible, received by gift, device, bequest, or otherwise; (3) to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 655(b)); and (4) to employ experts and consultants or organizations thereof as authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), except that no individual may be employed under the authority of this subsection for more than one hundred days in any fiscal year; to compensate individuals so employed at rates not in excess of the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code, including traveltime; and to allow them, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) a authorized by section 5 of such Act (5 U.S.C. 73b-2) for persons in the Government service employed intermittently, while so employed: Provided, however, That contracts for such employment may be renewed annually. (l) Small Business Intermediary Lending Pilot Program.-- (1) Definitions.--In this subsection-- (A) the term ``eligible intermediary''-- (i) means a private, nonprofit entity that-- (I) seeks or has been awarded a loan from the Administrator to make loans to small business concerns under this subsection; and (II) has not less than 1 year of experience making loans to startup, newly established, or growing small business concerns; and (ii) includes-- (I) a private, nonprofit community development corporation; (II) a consortium of private, nonprofit organizations or nonprofit community development corporations; and (III) an agency of or nonprofit entity established by a Native American Tribal Government; and (B) the term ``Program'' means the small business intermediary lending pilot program established under paragraph (2). (2) Establishment.--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. (3) Purposes.--The purposes of the Program are-- (A) to assist small business concerns in areas suffering from a lack of credit due to poor economic conditions or changes in the financial market; and (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. (4) Loans to eligible intermediaries.-- (A) Application.--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. (B) Loan limits.--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. (C) Loan duration.--Loans made by the Administrator under this subsection shall be for a term of 20 years. (D) Applicable interest rates.--Loans made by the Administrator to an eligible intermediary under the Program shall bear an annual interest rate equal to 1.00 percent. (E) Fees; collateral.--The Administrator may not charge any fees or require collateral with respect to any loan made to an eligible intermediary under this subsection. (F) Delayed payments.--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. (G) Maximum participants and amounts.--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. (5) Loans to small business concerns.-- (A) In general.--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. (B) Maximum loan.--An eligible intermediary may not make a loan under this subsection of more than $200,000 to any 1 small business concern. (C) Applicable interest rates.--A loan made by an eligible intermediary to a small business concern under this subsection, may have a fixed or a variable interest rate, and shall bear an interest rate specified by the eligible intermediary in the application of the eligible intermediary for a loan under this subsection. (D) Review restrictions.--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. (6) Termination.--The authority of the Administrator to make loans under the Program shall terminate 3 years after the date of enactment of the Small Business Job Creation and Access to Capital Act of 2010. (m) Microloan Program.-- (1)(A) Purposes.--The purposes of the Microloan Program are-- (i) to assist women, low-income, veteran (within the meaning of such term under section 3(q)), and minority entrepreneurs and business owners and other individuals possessing the capability to operate successful business concerns; (ii) to assist small business concerns in those areas suffering from a lack of credit due to economic downturns; (iii) to establish a microloan program to be administered by the Small Business Administration-- (I) to make loans to eligible intermediaries to enable such intermediaries to provide small-scale loans, particularly loans in amounts averaging not more than $10,000, to startup, newly established, or growing small business concerns for working capital or the acquisition of materials, supplies, or equipment; (II) to make grants to eligible intermediaries that, together with non- Federal matching funds, will enable such intermediaries to provide intensive marketing, management, and technical assistance to microloan borrowers; (III) to make grants to eligible nonprofit entities that, together with non-Federal matching funds, will enable such entities to provide intensive marketing, management, and technical assistance to assist low-income entrepreneurs and other low-income individuals obtain private sector financing for their businesses, with or without loan guarantees; and (IV) to report to the Committees on Small Business of the Senate and the House of Representatives on the effectiveness of the microloan program and the advisability and feasibility of implementing such a program nationwide; and (iv) to establish a welfare-to-work microloan initiative, which shall be administered by the Administration, in order to test the feasibility of supplementing the technical assistance grants provided under clauses (ii) and (iii) of subparagraph (B) to individuals who are receiving assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), or under any comparable State funded means tested program of assistance for low-income individuals, in order to adequately assist those individuals in-- (I) establishing small businesses; and (II) eliminating their dependence on that assistance. (B) Establishment.--There is established a microloan program, under which the Administration may-- (i) make direct loans to eligible intermediaries, as provided under paragraph (3), for the purpose of making short-term, fixed interest rate microloans to startup, newly established, and growing small business concerns under paragraph (6); (ii) in conjunction with such loans and subject to the requirements of paragraph (4), make grants to such intermediaries for the purpose of providing intensive marketing, management, and technical assistance to small business concerns that are borrowers under this subsection; and (iii) subject to the requirements of paragraph (5), make grants to nonprofit entities for the purpose of providing marketing, management, and technical assistance to low-income individuals seeking to start or enlarge their own businesses, if such assistance includes working with the grant recipient to secure loans in amounts not to exceed $50,000 from private sector lending institutions, with or without a loan guarantee from the nonprofit entity. (2) Eligibility for participation.--An intermediary shall be eligible to receive loans and grants under subparagraphs (B)(i) and (B)(ii) of paragraph (1) if it-- (A) meets the definition in paragraph (10); and (B) has at least 1 year of experience making microloans to startup, newly established, or growing small business concerns and providing, as an integral part of its microloan program, intensive marketing, management, and technical assistance to its borrowers. (3) Loans to intermediaries.-- (A) Intermediary applications.--(i) In general.--As part of its application for a loan, each intermediary shall submit a description to the Administration of-- (I) the type of businesses to be assisted; (II) the size and range of loans to be made; (III) the geographic area to be served and its economic, proverty, and unemployment characteristics; (IV) the status of small business concerns in the area to be served and an analysis of their credit and technical assistance needs; (V) any marketing, management, and technical assistance to be provided in connection with a loan made under this subsection; (VI) the local economic credit markets, including the costs associated with obtaining credit locally; (VII) the qualifications of the applicant to carry out the purpose of this subsection; and (VIII) any plan to involve other technical assistance providers (such as counselors from the Service Corps of Retired Executives or small business development centers) or private sector lenders in assisting selected business concerns. (ii) Selection of intermediaries.--In selecting intermediaries to participate in the program established under this subsection, the Administration shall give priority to those applicants that provide loans in amounts averaging not more than $10,000. (B) Intermediary contribution.--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. (C) Loan limits.--Notwithstanding subsection (a)(3), no loan shall be made under this subsection if the total amount outstanding and committed to one intermediary (excluding outstanding grants) from the business loan and investment fund established by this Act would, as a result of such loan, exceed $750,000 in the first year of such intermediary's participation in the program, and $5,000,000 in the remaining years of the intermediary's participation in the program. (D)(i) In general.--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. (ii) Level of loan loss reserve fund.-- (I) In general.--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. (II) Review of loan loss reserve.-- 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. (III) Reduction of loan loss reserve.--Subject to the requirements of clause IV, 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. (IV) Requirements.--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) that no other factors exist that may impair the ability of the intermediary to repay all obligations owed to the Administration under this subsection. (E) Unavailability of comparable credit.--An intermediary may make a loan under this subsection of more than $20,000 to a small business concern only if such small business concern demonstrates that it is unable to obtain credit elsewhere at comparable interest rates and that it has good prospects for success. In no case shall an intermediary make a loan under this subsection of more than $50,000, or have outstanding or committed to any 1 borrower more than $50,000. (F) Loan duration; interest rates.-- (i) Loan duration.--Loans made by the Administration under this subsection shall be for a term of 10 years. (ii) Applicable interest rates.-- Except as provided in clause (iii), loans made by the Administration under this subsection to an intermediary shall bear an interest rate equal to 1.25 percentage points below the rate determined by the Secretary of the Treasury for obligations of the United States with a period of maturity of 5 years, adjusted to the nearest one- eighth of 1 percent. (iii) Rates applicable to certain small loans.--Loans made by the Administration to an intermediary that makes loans to small business concerns and entrepreneurs averaging not more than $7,500, shall bear an interest rate that is 2 percentage points below the rate determined by the Secretary of the Treasury for obligations of the United States with a period of maturity of 5 years, adjusted to the nearest one-eighth of 1 percent. (iv) Rates applicable to multiple sites or offices.--The interest rate prescribed in clause (ii) or (iii) shall apply to each separate loan- making site or office of 1 intermediary only if such site or office meets the requirements of that clause. (v) Rate basis.--The applicable rate of interest under this paragraph shall-- (I) be applied retroactively for the first year of an intermediary's participation in the program, based upon the actual lending practices of the intermediary as determined by the Administration prior to the end of such year; and (II) be based in the second and subsequent years of an intermediary's participation in the program, upon the actual lending practices of the intermediary during the term of the intermediary's participation in the program. (vii) Covered intermediaries.--The interest rates prescribed in this subparagraph shall apply to all loans made to intermediaries under this subsection on or after October 28, 1991. (G) Delayed payments.--The Administration shall not require repayment of interest or principal of a loan made to an intermediary under this subsection during the first year of the loan. (H) Fees; collateral.--Except as provided in subparagraphs (B) and (D), the Administration shall not charge any fees or require collateral other than an assignment of the notes receivable of the microloans with respect to any loan made to an intermediary under this subsection. (4) Marketing, management and technical assistance grants to intermediaries.--Grants made in accordance with subparagraph (B)(ii) of paragraph (1) shall be subject to the following requirements: (A) Grant amounts.--Except as otherwise provided in subparagraph (C) and subject to subparagraph (B), each intermediary that receives a loan under subparagraph (B)(i) of paragraph (1) shall be eligible to receive a grant to provide marketing, management, and technical assistance to small business concerns that are borrowers under this subsection. Except as provided in subparagraph (C), each intermediary meeting the requirements of subparagraph (B) may receive a grant of not more than 25 percent of the total outstanding balance of loans made to it under this subsection. (B) Contribution.--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. (C) Additional technical assistance grants for making certain loans.-- (i) In general.--In addition to grants made under subparagraph (A), each intermediary shall be eligible to receive a grant equal to 5 percent of the total outstanding balance of loans made to the intermediary under this subsection if-- (I) the intermediary provides not less than 25 percent of its loans to small business concerns located in or owned by one or more residents of an economically distressed area; or (II) the intermediary has a portfolio of loans made under this subsection that averages not more than $10,000 during the period of the intermediary's participation in the program. (ii) Purposes.--A grant awarded under clause (i) may be used to provide marketing, management, and technical assistance to small business concerns that are borrowers under this subsection. (iii) Contribution exception.--The contribution requirements in subparagraph (B) do not apply to grants made under this subparagraph. (D) Eligibility for multiple sites or offices.--The eligibility for a grant described in subparagraph (A) or (C) shall be determined separately for each loan-making site or office of 1 intermediary. (E) Assistance to certain small business concerns.-- (i) In general.--Each intermediary may expend an amount not to exceed 25 percent of the grant funds received under paragraph (1)(B)(ii) to provide information and technical assistance to small business concerns that are prospective borrowers under this subsection. (ii) Technical assistance.--An intermediary may expend not more than 25 percent of the funds received under paragraph (1)(B)(ii) to enter into third party contracts for the provision of technical assistance. (F) Supplemental grant.-- (i) In general.--The Administration may accept any funds transferred to the Administration from other departments or agencies of the Federal Government to make grants in accordance with this subparagraph and section 202(b) of the Small Business Reauthorization Act of 1997 to participating intermediaries and technical assistance providers under paragraph (5), for use in accordance with clause (iii) to provide additional technical assistance and related services to recipients of assistance under a State program described in paragraph (1)(A)(iv) at the time they initially apply for assistance under this subparagraph. (ii) Eligible recipients; grant amounts.--In making grants under this subparagraph, the Administration may select, from among participating intermediaries and technical assistance providers described in clause (i), not more than 20 grantees in fiscal year 1998, not more than 25 grantees in fiscal year 1999, and not more than 30 grantees in fiscal year 2000, each of whom may receive a grant under this subparagraph in an amount not to exceed $200,000 per year. (iii) Use of grant amounts.--Grants under this subparagraph-- (I) are in addition to other grants provided under this subsection and shall not require the contribution of matching amounts as a condition of eligibility; and (II) may be used by a grantee-- (aa) to pay or reimburse a portion of child care and transportation costs of recipients of assistance described in clause (i), to the extent such costs are not otherwise paid by State block grants under the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) or under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); and (bb) for marketing, management, and technical assistance to recipients of assistance described in clause (i). (iv) Memorandum of understanding.-- Prior to accepting any transfer of funds under clause (i) from a department or agency of the Federal Government, the Administration shall enter into a Memorandum of Understanding with the department or agency, which shall-- (I) specify the terms and conditions of the grants under this subparagraph; and (II) provide for appropriate monitoring of expenditures by each grantee under this subparagraph and each recipient of assistance described in clause (i) who receives assistance from a grantee under this subparagraph, in order to ensure compliance with this subparagraph by those grantees and recipients of assistance. (5) Private sector borrowing technical assistance grants.--Grants made in accordance with subparagraph (B)(iii) of paragraph (1) shall be subject to the following requirements: (A) Grant amounts.--Subject to the requirements of subparagraph (B), the Administration may make not more than 55 grants annually, each in amounts not to exceed $200,000 for the purposes specified in subparagraph (B)(iii) of paragraph (1). (B) Contribution.--As a condition of any grant made under subparagraph (A), the Administration shall require the grant recipient to contribute an amount equal to 20 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. (6) Loans to small business concerns from eligible intermediaries.-- (A) In general.--An eligible intermediary shall make short-term, fixed rate loans to startup, newly established, and growing small business concerns from the funds made available to it under subparagraph (B)(i) of paragraph (1) for working capital and the acquisition of materials, supplies, furniture, fixtures, and equipment. (B) Portfolio requirement.--To the extent practicable, each intermediary that operates a microloan program under this subsection shall maintain a microloan portfolio with an average loan size of not more than $15,000. (C) Interest limit.--Notwithstanding any provision of the laws of any State or the constitution of any State pertaining to the rate or amount of interest that may be charged, taken, received, or reserved on a loan, the maximum rate of interest to be charged on a microloan funded under this subsection shall not exceed the rate of interest applicable to a loan made to an intermediary by the Administration-- (i) in the case of a loan of more than $7,500 made by the intermediary to a small business concern or entrepreneur by more than 7.75 percentage points; and (ii) in the case of a loan of not more than $7,500 made by the intermediary to a small business concern or entrepreneur by more than 8.5 percentage points. (D) Review restriction.--The Administration shall not review individual microloans made by intermediaries prior to approval. (E) Establishment of child care or transportation businesses.--In addition to other eligible small businesses concerns, borrowers under any program under this subsection may include individuals who will use the loan proceeds to establish for-profit or nonprofit child care establishments or businesses providing for-profit transportation services. (7) Program funding for microloans.-- (A) Number of participants.--Under the program authorized by this subsection, the Administration may fund, on a competitive basis, not more than 300 intermediaries. (B) Allocation.-- (i) Minimum allocation.--Subject to the availability of appropriations, of the total amount of new loan funds made available for award under this subsection in each fiscal year, the Administration shall make available for award in each State (including the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa) an amount equal to the sum of-- (I) the lesser of-- (aa) $800,000; or (bb) \1/55\ of the total amount of new loan funds made available for award under this subsection for that fiscal year; and (II) any additional amount, as determined by the Administration. (ii) Redistribution.--If, at the beginning of the third quarter of a fiscal year, the Administration determines that any portion of the amount made available to carry out this subsection is unlikely to be made available under clause (i) during that fiscal year, the Administration may make that portion available for award in any one or more States (including the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa) without regard to clause (i). (8) Equitable distribution of intermediaries.--In approving microloan program applicants and providing funding to intermediaries under this subsection, the Administration shall select and provide funding to such intermediaries as will ensure appropriate availability of loans for small businesses in all industries located throughout each State, particularly those located in urban and in rural areas. (9) Grants for management, marketing, technical assistance, and related services.-- (A) In general.--The Administration may procure technical assistance for intermediaries participating in the Microloan Program to ensure that such intermediaries have the knowledge, skills, and understanding of microlending practices necessary to operate successful microloan programs. (B) Assistance amount.--The Administration shall transfer 7 percent of its annual appropriation for loans and loan guarantees under this subsection to the Administration's Salaries and Expense Account for the specific purpose of providing 1 or more technical assistance grants to experienced microlending organizations and national and regional nonprofit organizations that have demonstrated experience in providing training support for microenterprise development and financing. to achieve the purpose set forth in subparagraph (A). (C) Welfare-to-work microloan initiative.--Of amounts made available to carry out the welfare-to-work microloan initiative under paragraph (1)(A)(iv) in any fiscal year, the Administration may use not more than 5 percent to provide technical assistance, either directly or through contractors, to welfare-to- work microloan initiative grantees, to ensure that, as grantees, they have the knowledge, skills, and understanding of microlending and welfare-to-work transition, and other related issues, to operate a successful welfare-to-work microloan initiative. (10) Report to congress.--On November 1, 1995, the Administration shall submit to the Committees on Small Business of the Senate and the House of Representatives a report, including the Administration's evaluation of the effectiveness of the first 3\1/2\ years of the microloan program and the following: (A) the numbers and locations of the intermediaries funded to conduct microloan programs; (B) the amounts of each loan and each grant to intermediaries; (C) a description of the matching contributions of each intermediary; (D) the numbers and amounts of microloans made by the intermediaries to small business concern borrowers; (E) the repayment history of each intermediary; (F) a description of the loan portfolio of each intermediary including the extent to which it provides microloans to small business concerns in rural areas; and (G) any recommendations for legislative changes that would improve program operations. (11) Definitions.--For purposes of this subsection-- (A) the term ``intermediary'' means-- (i) a private, nonprofit entity; (ii) a private, nonprofit community development corporation; (iii) a consortium of private, nonprofit organizations or nonprofit community development corporations; (iv) a quasi-governmental economic development entity (such as a planning and development district), other than a State, county, municipal government, or any agency thereof, if-- (I) no application is received from an eligible nonprofit organization; or (II) the Administration determines that the needs of a region or geographic area are not adequately served by an existing, eligible nonprofit organization that has submitted an application; or (v) an agency of or nonprofit entity established by a Native American Tribal Government, that seeks to borrow or has borrowed funds from the Administration to make microloans to small business concerns under this subsection; (B) the term ``microloan'' means a short- term, fixed rate loan of not more than $50,000, made by an intermediary to a startup, newly established, or growing small business concern; (C) the term ``rural area'' means any political subdivision or unincorporated area-- (i) in a nonmetropolitan county (as defined by the Secretary of Agriculture) or its equivalent thereof; or (ii) in a metropolitan county or its equivalent that has a resident population of less than 20,000 if the Small Business Administration has determined such political subdivision or area to be rural; and (D) the term ``economically distressed area'', as used in paragraph (4), means a county or equivalent division of local government of a State in which the small business concern is located, in which, according to the most recent data available from the Bureau of the Census, Department of Commerce, not less than 40 percent of residents have an annual income that is at or below the poverty level. (12) Deferred participation loan pilot.--In lieu of making direct loans to intermediaries as authorized in paragraph (1)(B), during fiscal years 1998 through 2000, the Administration may, on a pilot program basis, participate on a deferred basis of not less than 90 percent and not more than 100 percent on loans made to intermediaries by a for-profit or nonprofit entity or by alliances of such entities, subject to the following conditions: (A) Number of loans.--In carrying out this paragraph, the Administration shall not participate in providing financing on a deferred basis to more than 10 intermediaries in urban areas or more than 10 intermediaries in rural areas. (B) Term of loans.--The term of each loan shall be 10 years. During the first year of the loan, the intermediary shall not be required to repay any interest or principal. During the second through fifth years of the loan, the intermediary shall be required to pay interest only. During the sixth through tenth years of the loan, the intermediary shall be required to make interest payments and fully amortize the principal. (C) Interest rate.--The interest rate on each loan shall be the rate specified by paragraph (3)(F) for direct loans. (13) Evaluation of welfare-to-work microloan initiative.--On January 31, 1999, and annually thereafter, the Administration shall submit to the Committees on Small Business of the House of Representatives and the Senate a report on any monies distributed pursuant to paragraph (4)(F). (n) Repayment Deferred for Active Duty Reservists.-- (1) Definitions.--In this subsection: (A) Eligible reservist.--The term ``eligible reservist'' means a member of a reserve component of the Armed Forces ordered to active duty during a period of military conflict. (B) Essential employee.--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. (C) Period of military conflict.--The term ``period of military conflict'' means-- (i) a period of war declared by the Congress; (ii) a period of national emergency declared by the Congress or by the President; or (iii) a period of a contingency operation, as defined in section 101(a) of title 10, United States Code. (D) Qualified borrower.--The term ``qualified borrower'' means-- (i) an individual who is an eligible reservist and who received a direct loan under subsection (a) or (b) before being ordered to active duty; or (ii) a small business concern that received a direct loan under subsection (a) or (b) before an eligible reservist, who is an essential employee, was ordered to active duty. (2) Deferral of direct loans.-- (A) In general.--The Administration shall, upon written request, defer repayment of principal and interest due on a direct loan made under subsection (a) or (b), if such loan was incurred by a qualified borrower. (B) Period of deferral.--The period of deferral for repayment under this paragraph shall begin on the date on which the eligible reservist is ordered to active duty and shall terminate on the date that is 180 days after the date such eligible reservist is discharged or released from active duty. (C) Interest rate reduction during deferral.--Notwithstanding any other provision of law, during the period of deferral described in subparagraph (B), the Administration may, in its discretion, reduce the interest rate on any loan qualifying for a deferral under this paragraph. (3) Deferral of loan guarantees and other financings.--The Administration shall-- (A) encourage intermediaries participating in the program under subsection (m) to defer repayment of a loan made with proceeds made available under that subsection, if such loan was incurred by a small business concern that is eligible to apply for assistance under subsection (b)(3); and (B) not later than 30 days after the date of the enactment of this subsection, establish guidelines to-- (i) encourage lenders and other intermediaries to defer repayment of, or provide other relief relating to, loan guarantees under subsection (a) and financings under section 504 of the Small Business Investment Act of 1958 that were incurred by small business concerns that are eligible to apply for assistance under subsection (b)(3), and loan guarantees provided under subsection (m) if the intermediary provides relief to a small business concern under this paragraph; and (ii) implement a program to provide for the deferral of repayment or other relief to any intermediary providing relief to a small business borrower under this paragraph. * * * * * * * Sec. 18. (a) The Administration shall not duplicate the work or activity of any other department or agency of the Federal Government,, and nothing contained in this Act shall be construed to authorize any such duplication unless such work or activity is expressly provided for in this Act. If loan applications are being refused or loans denied by such other department or agency responsible for such work or activity due to administrative withholding from obligation or withholding from apportionment, or due to administratively declared moratorium, then, for purposes of this section, no duplication shall be deemed to have occurred. [(b) As used in this Act-- [(1) ``agricultural enterprises'' means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural related industries; and [(2) ``credit elsewhere'' means the availability of sufficient credit from non-Federal sources at reasonable rates and terms, taking into consideration prevailing private rates and terms in the community in or near where the concern transacts business for similar purposes and periods of time.] (b) As used in this Act, the term ``agricultural enterprises'' means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural- related industries. * * * * * * * Sec. 20. (a)(1) For fiscal year 2000 and each fiscal year thereafter, there are authorized to be appropriated such sums as may be necessary and appropriate, to remain available until expended, and to be available solely-- (A) to carry out the Small Business Development Center Program under section 21, but not to exceed the annual funding level, as specified in section 21(a); (B) to pay the expenses of the National Small Business Development Center Advisory Board, as provided in section 21(i); (C) to pay the expenses of the information sharing system, as provided in section 21(c)(8); (D) to pay the expenses of the association referred to in section 21(a)(3)(A) for conducting the accreditation program, as provided in section 21(k)(2); (E) to pay the expenses of the Administration, including salaries of examiners, for conducting examinations as part of the accreditation program conducted by the association referred to in section 21(a)(3)(A); and (F) to pay for small business development center grants as mandated or directed by Congress. (2) Notwithstanding any other provision of law, the Administration shall enter into commitments for direct loans and to guarantee loans, debentures, payment of rentals, or other amounts due under qualified contracts and other types of financial assistance and enter into commitments to purchase debentures and preferred securities and to guarantee sureties against loss pursuant to programs under this Act and the Small Business Investment Act of 1958, in the full amounts provided by law subject only to (A) the availability of qualified applications, and (B) limitations contained in appropriations Acts. Nothing in this paragraph authorizes the Administration to reduce or limit its authority to enter into such commitments. Subject to approval in appropriations Acts, amounts authorized for preferred securities, debentures or participating securities under title III of the Small Business Investment Act of 1958 may be obligated in one fiscal year and disbursed or guaranteed in any 1 or more of the 4 subsequent fiscal years. (3) There are authorized to be transferred from the disaster loan revolving fund such sums as may be necessary and appropriate for administrative expenses of the Administration. (4) Except as may be otherwise specifically provided by law, the amount of deferred participation loans authorized in this section-- (A) shall mean the net amount of the loan principal guaranteed by the Small Business Administration (and does not include any amount which is not guaranteed); and (B) shall be available for a national program, except that the Administration may use not more than an amount equal to 10 percent of the amount authorized each year for any special or pilot program directed to identified sectors of the small business community or to specific geographic regions of the United States. (b) There are authorized to be appropriated to the Administration for fiscal year 1991 such sums as may be necessary to carry out the provisions of this Act and the Small Business Investment Act of 1958. There also are hereby authorized to be appropriated such sums as may be necessary and appropriate for the carrying out of the provisions and purposes, including administrative expenses, of sections 7(b)(1) and 7(b)(2) of this Act; and there are authorized to be transferred from the disaster loan revolving fund such sums as may be necessary and appropriate for such administrative expenses. (c) Disaster Mitigation Pilot Program.--The following program levels are authorized for loans under section 7(b)(1)(C): (1) $15,000,000 for fiscal year 2005. (2) $15,000,000 for fiscal year 2006. (d) Fiscal Year 2005.-- (1) Program levels.--The following program levels are authorized for fiscal year 2005: (A) For the programs authorized by this Act, the Administration is authorized to make-- (i) $75,000,000 in technical assistance grants, as provided in section 7(m); and (ii) $105,000,000 in direct loans, as provided in 7(m). (B) For the programs authorized by this Act, the Administration is authorized to make $23,050,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- (i) $16,500,000,000 in general business loans, as provided in section 7(a); (ii) $6,000,000,000 in certified development company financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958; (iii) $500,000,000 in loans, as provided in section 7(a)(21); and (iv) $50,000,000 in loans, as provided in section 7(m). (C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make-- (i) $4,250,000,000 in purchases of participating securities; and (ii) $3,250,000,000 in guarantees of debentures. (D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act. (E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). (2) Additional authorizations.-- (A) There are authorized to be appropriated to the Administration for fiscal year 2005 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out the Small Business Investment Act of 1958, including salaries and expenses of the Administration. (B) Notwithstanding any other provision of this paragraph, for fiscal year 2005-- (i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and (ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $2,000,000. (e) Fiscal Year 2006.-- (1) Program levels.--The following program levels are authorized for fiscal year 2006: (A) For the programs authorized by this Act, the Administration is authorized to make-- (i) $80,000,000 in technical assistance grants, as provided in section 7(m); and (ii) $110,000,000 in direct loans, as provided in 7(m). (B) For the programs authorized by this Act, the Administration is authorized to make $25,050,000,000 in deferred participation loans and other financings. Of such sum, the Administration is authorized to make-- (i) $17,000,000,000 in general business loans, as provided in section 7(a); (ii) $7,500,000,000 in certified development company financings, as provided in section 7(a)(13) and as provided in section 504 of the Small Business Investment Act of 1958; (iii) $500,000,000 in loans, as provided in section 7(a)(21); and (iv) $50,000,000 in loans, as provided in section 7(m). (C) For the programs authorized by title III of the Small Business Investment Act of 1958, the Administration is authorized to make-- (i) $4,500,000,000 in purchases of participating securities; and (ii) $3,500,000,000 in guarantees of debentures. (D) For the programs authorized by part B of title IV of the Small Business Investment Act of 1958, the Administration is authorized to enter into guarantees not to exceed $6,000,000,000, of which not more than 50 percent may be in bonds approved pursuant to section 411(a)(3) of that Act. (E) The Administration is authorized to make grants or enter into cooperative agreements for a total amount of $7,000,000 for the Service Corps of Retired Executives program authorized by section 8(b)(1). (2) Additional authorizations.-- (A) There are authorized to be appropriated to the Administration for fiscal year 2006 such sums as may be necessary to carry out the provisions of this Act not elsewhere provided for, including administrative expenses and necessary loan capital for disaster loans pursuant to section 7(b), and to carry out the Small Business Investment Act of 1958, including salaries and expenses of the Administration. (B) Notwithstanding any other provision of this paragraph, for fiscal year 2006-- (i) no funds are authorized to be used as loan capital for the loan program authorized by section 7(a)(21) except by transfer from another Federal department or agency to the Administration, unless the program level authorized for general business loans under paragraph (1)(B)(i) is fully funded; and (ii) the Administration may not approve loans on its own behalf or on behalf of any other Federal department or agency, by contract or otherwise, under terms and conditions other than those specifically authorized under this Act or the Small Business Investment Act of 1958, except that it may approve loans under section 7(a)(21) of this Act in gross amounts of not more than $2,000,000. [(j)] (f) Fiscal Year 2004 Purchase and Guarantee Authority Under Title III of Small Business Investment Act of 1958.--For fiscal year 2004, for the programs authorized by title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the Administration is authorized to make-- (1) $4,000,000,000 in purchases of participating securities; and (2) $3,000,000,000 in guarantees of debentures. (g) Authority To Increase Amount of General Business Loans.-- (1) In general.--With respect to fiscal year 2018 and each fiscal year thereafter, if the Administrator determines that the amount of commitments by the Administrator for general business loans authorized under section 7(a) for a fiscal year could exceed the limit on the total amount of commitments the Administrator may make for those loans under this Act, an appropriations Act, or any other provision of law, the Administrator may make commitments for those loans for that fiscal year in an aggregate amount equal to not more than 115 percent of that limit. (2) Approval required before exercising authority.-- (A) In general.--Not later than 15 days before the date on which the Administrator intends to exercise the authority under paragraph (1), the Administrator shall submit notice of intent to exercise the authority to-- (i) the Committee on Small Business and Entrepreneurship and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the Senate; and (ii) the Committee on Small Business and the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the House of Representatives. (B) Approval.--The Administrator may not exercise the authority under paragraph (1) unless such exercise of authority has been approved, in writing, by the Committee on Appropriations and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Appropriations and the Committee on Small Business of the House of Representatives. (3) Limitation.--The Administrator shall not exercise the authority under paragraph (1) more than once during any fiscal year. * * * * * * * SEC. 47. OFFICE OF CREDIT RISK MANAGEMENT. (a) Establishment.--There is established within the Administration the Office of Credit Risk Management (in this section referred to as the ``Office''). (b) Duties.--The Office shall be responsible for supervising-- (1) any lender making loans under section 7(a) (in this section referred to as a ``7(a) lender''); (2) any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; and (3) any small business lending company or a non- Federally regulated lender without regard to the requirements of section 23. (c) Director.-- (1) In general.--The Office shall be headed by the Director of the Office of Credit Risk Management (in this section referred to as the ``Director''), who shall be a career appointee in the Senior Executive Service (as defined in section 3132 of title 5, United States Code). (2) Duties.--The Director shall be responsible for oversight of the lenders and participants described in subsection (b), including by conducting periodic reviews of the compliance and performance of such lenders and participants. (d) Supervision duties for 7(a) lenders.--With respect to 7(a) lenders, an employee of the Office shall-- (1) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and (2) supervise any such review that is not conducted on the premise of the 7(a) lender. [Effective January 1, 2019, subsection (d) of section 47 (as added by subsection 3(a)(2) and amended by subsection 3(b) of HR 4743 as reported) is amended to read as follows:] (d) Supervision duties for 7(a) lenders.-- (1) Reviews.--With respect to 7(a) lenders, an employee of the Office shall-- (A) be present for and supervise any such review that is conducted by a contractor of the Office on the premise of the 7(a) lender; and (B) supervise any such review that is not conducted on the premise of the 7(a) lender. (2) Review report timeline.-- (A) In general.--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. (B) Extension.--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. (e) Enforcement Authority Against 7(a) Lenders.-- (1) Informal enforcement authority.--The Director may take an informal enforcement action against a 7(a) lender if the Director finds that the 7(a) lender has violated a statutory or regulatory requirement under section 7(a) or any requirement in a Standard Operating Procedures Manual or Policy Notice related to a program or function of the Office of Capital Access. (2) Formal enforcement authority.-- (A) In general.--With the approval of the Lender Oversight Committee established under section 48, the Director may take a formal enforcement action against any 7(a) lender if the Director finds that the 7(a) lender has violated-- (i) a statutory or regulatory requirement under section 7(a), including a requirement relating to credit elsewhere; or (ii) any requirement described in a Standard Operating Procedures Manual or Policy Notice, related to a program or function of the Office of Capital Access. (B) Enforcement actions.--An enforcement action imposed on a 7(a) lender by the Director under subparagraph (A) shall be based on the severity or frequency of the violation and may include assessing a civil monetary penalty against the 7(a) lender in an amount that is not greater than $250,000. (3) Appeal by lender.--A 7(a) lender may appeal an enforcement action imposed by the Director described in this subsection to the Office of Hearings and Appeals established under section 5(i) or to an appropriate district court of the United States. (f) Regulations.--Not later than 1 year after the date of the enactment of this section, the Administrator shall issue regulations, after opportunity for notice and comment, to carry out subsection (e). (g) Servicing and Liquidation Responsibilities.--During any period during which a 7(a) lender is suspended or otherwise prohibited from making loans under section 7(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. (h) Portfolio Risk Analysis of 7(a) Loans.-- (1) In general.--The Director shall annually conduct a risk analysis of the portfolio of the Administration with respect to all loans guaranteed under section 7(a). (2) Report to congress.--On December 1, 2018, and every December 1 thereafter, the Director shall submit to Congress a report containing the results of each portfolio risk analysis conducted under paragraph (1) during the fiscal year preceding the submission of the report, which shall include-- (A) an analysis of the overall program risk of loans guaranteed under section 7(a); (B) an analysis of the program risk, set forth separately by industry concentration; (C) without identifying individual 7(a) lenders by name, a consolidated analysis of the risk created by the individual 7(a) lenders responsible for not less than 1 percent of the gross loan approvals set forth separately for the year covered by the report by-- (i) the dollar value of the loans made by such 7(a) lenders; and (ii) the number of loans made by such 7(a) lenders; (D) steps taken by the Administrator to mitigate the risks identified in subparagraphs (A), (B), and (C); (E) the number of 7(a) lenders, the number of loans made, and the gross and net dollar amount of loans made; (F) the number and dollar amount of total losses, the number and dollar amount of total purchases, and the percentage and dollar amount of recoveries at the Administration; (G) the number and type of enforcement actions recommended by the Director; (H) the number and type of enforcement actions approved by the Lender Oversight Committee established under section 48; (I) the number and type of enforcement actions disapproved by the Lender Oversight Committee; and (J) the number and dollar amount of civil monetary penalties assessed. (i) Budget Submission and Justification.--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. SEC. 48. LENDER OVERSIGHT COMMITTEE. (a) Establishment.--There is established within the Administration the Lender Oversight Committee (in this section referred to as the ``Committee''). (b) Membership.--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, United States Code); and (2) the remaining members shall be nonvoting members who shall serve in an advisory capacity on the Committee. (c) Duties.--The Committee shall-- (1) review reports on lender oversight activities; (2) review formal enforcement action recommendations of the Director of the Office of Credit Risk Management with respect to any lender making loans under section 7(a) and any Lending Partner or Intermediary participant of the Administration in a lending program of the Office of Capital Access of the Administration; (3) in carrying out paragraph (2) with respect to formal enforcement actions taken under subsection (d) or (e) of section 23, vote to recommend or not recommend action to the Administrator or a designee of the Administrator; (4) in carrying out paragraph (2) with respect to any formal enforcement action not specified under subsection (d) or (e) of section 23, vote to approve, disapprove, or modify the action; (5) review, in an advisory capacity, any lender oversight, portfolio risk management, or program integrity matters brought by the Director; and (6) take such other actions and perform such other functions as may be delegated to the Committee by the Administrator. (d) Meetings.-- (1) In general.--The Committee shall meet as necessary, but not less frequently than on a quarterly basis. (2) Reports.--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. Sec. [47] 49. All laws and parts of laws inconsistent with this Act are hereby repealed to the extent of such inconsistency. [all]