§ 639. Reporting requirements and agency cooperation

4,051 words·~18 min read·/usc/title-15/section-639

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(a)Annual reports to President and Congressional officers and committees The Administration shall, as soon as practicable each fiscal year make a comprehensive annual report to the President, the President of the Senate, the Senate Select Committee on Small Business, and the Speaker of the House of Representatives. Such report shall include a description of the state of small business in the Nation and the several States, and a description of the operations of the Administration under this chapter, including, but not limited to, the general lending, disaster relief, Government regulation relief, procurement and property disposal, research and development, technical assistance, dissemination of data and information, and other functions under the jurisdiction of the Administration during the previous fiscal year. Such report shall contain recommendations for strengthening or improving such programs, or, when necessary or desirable to implement more effectively congressional policies and proposals, for establishing new or alternative programs. In addition, such report shall include the names of the business concerns to whom contracts are let and for whom financing is arranged by the Administration, together with the amounts involved. With respect to minority small business concerns, the report shall include the proportion of loans and other assistance under this chapter provided to such concerns, the goals of the Administration for the next fiscal year with respect to such concerns, and recommendations for improving assistance to minority small business concerns under this chapter.

(b)Cybersecurity reports

(1)Annual report Not later than 180 days after December 21, 2022, and every year thereafter, the Administrator shall submit a report to the appropriate congressional committees that includes—

(A)a strategy to increase the cybersecurity of information technology infrastructure of the Administration;

(B)a supply chain risk management strategy and an implementation plan to address the risks of foreign manufactured information technology equipment utilized by the Administration, including specific risk mitigation activities for components originating from entities with principal places of business located in the People’s Republic of China; and

(C)an account of—

(i)any incident that occurred at the Administration during the 2-year period preceding the date on which the first report is submitted, and, for subsequent reports, the 1-year period preceding the date of submission; and

(ii)any action taken by the Administrator to respond to or remediate any such incident.

(2)FISMA reports Each report required under paragraph

(1)may be submitted as part of the report required under section 3554 of title 44.

(3)Rule of construction Nothing in this subsection shall be construed to affect the reporting requirements of the Administrator under chapter 35 of title 44, in particular the requirement to notify the Federal information security incident center under section 3554(b)(7)(C)(ii) of such title, any guidance issued by the Office of Management and Budget, or any other provision of law or Federal policy.

(4)Definitions In this subsection:

(A)Appropriate congressional committees The term “appropriate congressional committees” means—

(i)the Committee on Small Business and Entrepreneurship of the Senate;

(ii)the Committee on Homeland Security and Governmental Affairs of the Senate;

(iii)the Committee on Small Business of the House of Representatives; and

(iv)the Committee on Oversight and Reform of the House of Representatives.

(B)Incident The term “incident” has the meaning given the term in section 3552 of title 44.

(C)Information technology The term “information technology” has the meaning given the term in section 3502 of title 44.

(c)Repealed. Pub. L. 104–66, title I, § 1091(f), Dec. 21, 1995, 109 Stat. 722

(d)Annual report of Department of Defense For the purpose of aiding in carrying out the national policy to insure that a fair proportion of the total purchases and contracts for property and services for the Government be placed with small-business enterprises, and to maintain and strengthen the overall economy of the Nation, the Department of Defense shall make an annual report to the Committees on Small Business of the Senate and the House of Representatives, showing the amount of funds appropriated to the Department of Defense which have been expended, obligated, or contracted to be spent with small business concerns and the amount of such funds expended, obligated, or contracted to be spent with firms other than small business in the same fields of operation; and such reports shall show separately the funds expended, obligated, or contracted to be spent for basic and applied scientific research and development.

(e)Retention of records

(1)1 The Administration and the Inspector General of the Administration shall retain all correspondence, records of inquiries, memoranda, reports, books, and records, including memoranda as to all investigations conducted by or for the Administration, for a period of at least one year from the date of each thereof, and shall at all times keep the same available for inspection and examination by the Senate Select Committee on Small Business and the Committee on Small Business of the House of Representatives, or their duly authorized representatives.

(2)The Committee on Small Business of either the Senate or the House of Representatives may request that the Office of the Inspector General of the Administration conduct an investigation of any program or activity conducted under the authority of section 636(j) or 637(a) of this title. Not later than thirty days after the receipt of such a request, the Inspector General shall inform the committee, in writing, of the disposition of the request by such office.

(f)Consultation and cooperation with Government departments and agencies To the extent deemed necessary by the Administrator to protect and preserve small-business interests, the Administration shall consult and cooperate with other departments and agencies of the Federal Government in the formulation by the Administration of policies affecting small-business concerns. When requested by the Administrator, each department and agency of the Federal Government shall consult and cooperate with the Administration in the formulation by such department or agency of policies affecting small-business concerns, in order to insure that small-business interests will be recognized, protected, and preserved. This subsection shall not require any department or agency to consult or cooperate with the Administration in any case where the head of such department or agency determines that such consultation or cooperation would unduly delay action which must be taken by such department or agency to protect the national interest in an emergency.

(g)Annual report of employee conduct complaints received or acted upon and investigations undertaken by Administration The Administration shall transmit, not later than December 31 of each year, to the Senate Select Committee on Small Business and Committee on Small Business of the House of Representatives a sealed report with respect to—

(1)complaints alleging illegal conduct by employees of the Administration which were received or acted upon by the Administration during the preceding fiscal year; and

(2)investigations undertaken by the Administration, including external and internal audits and security and investigation reports.

(h)Report to Congress on secondary market operations The Administration shall transmit, not later than March 31 of each year, to the Committees on Small Business of the Senate and House of Representatives a report on the secondary market operations during the preceding calendar year. This report shall include, but not be limited to,

(1)the number and the total dollar amount of loans sold into the secondary market and the distribution of such loans by size of loan, size of lender, geographic location of lender, interest rate, maturity, lender servicing fees, whether the rate is fixed or variable, and premium paid;

(2)the number and dollar amount of loans resold in the secondary market with a distribution by size of loan, interest rate, and premiums;

(3)the number and total dollar amount of pools formed;

(4)the number and total dollar amount of loans in each pool;

(5)the dollar amount, interest rate, and terms on each loan in each pool and whether the rate is fixed or variable;

(6)the number, face value, interest rate, and terms of the trust certificates issued for each pool;

(7)to the maximum extent possible, the use by the lender of the proceeds of sales of loans in the secondary market for additional lending to small business concerns; and

(8)an analysis of the information reported in

(1)through

(7)to assess small businesses’ access to capital at reasonable rates and terms as a result of secondary market operations.

(Pub. L. 85–536, § 2[10], July 18, 1958, 72 Stat. 393; Pub. L. 87–305, § 5(a), Sept. 26, 1961, 75 Stat. 666; Pub. L. 89–348, § 1(3), Nov. 8, 1965, 79 Stat. 1310; Pub. L. 93–237, § 7, Jan. 2, 1974, 87 Stat. 1025; Pub. L. 93–386, § 4, Aug. 23, 1974, 88 Stat. 746; Pub. L. 93–608, § 3(4), (5), Jan. 2, 1975, 88 Stat. 1972; Pub. L. 95–89, title II, §§ 203–208, 211, Aug. 4, 1977, 91 Stat. 557, 558; Pub. L. 95–315, § 6, July 4, 1978, 92 Stat. 379; Pub. L. 97–35, title XIX, § 1904, Aug. 13, 1981, 95 Stat. 772;

Pub. L. 98–352, § 4, July 10, 1984, 98 Stat. 331; Pub. L. 100–656, title IV, § 406, Nov. 15, 1988, 102 Stat. 3876; Pub. L. 101–37, § 15, June 15, 1989, 103 Stat. 73; Pub. L. 101–574, title II, § 241, Nov. 15, 1990, 104 Stat. 2826; Pub. L. 104–66, title I, § 1091(f), Dec. 21, 1995, 109 Stat. 722; Pub. L. 115–189, § 7, June 21, 2018, 132 Stat. 1498; Pub. L. 117–259, § 2(a), Dec. 21, 2022, 136 Stat. 2387.)