Small Business Act

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SMALL BUSINESS ACT

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§ 10(a) to
§ 10(b)

§ 1O.419(a) The Administration shall, as soon as practicable each fiscal42Oyear 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 adescription of the operatIOnsof 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
alld1nformation, and other functions under the jurisdiction of the Administration durinRJtie
previous fisc~1421year. 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 ~hom 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 Act 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'
Act. 422
(b)
The Administration shall make a report to the President, the President of the
Senate, and the Speaker of the House of Representatives, to the Senate Select Committee on
Small Business, and to the Committee on Small Business of the House ofRepresentatives,423
as soon as practicable each fiscal year,424showing as accurately as possible for each such
period the amount of funds appropriated to it that it has expended in the conduct of each of
its principal activities such a~lending, procurement, contracting, and providing technical and

Report<~
15 US( J9.

Report to
Congressiona
committees.

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419Former § 1O(a)was rewritten and the reporting requirement changed from semiannual to annual by § 5(a)(1) ofPL
81-305, approved Sept. 26, 1961 (75 Stat. 666). Additional reporting requirements were imposed by § 7 ofPL 93-237,
approved Jan. 2,1974 (87 Stat. 1023), whiChadded the second and third sentences and made other insubstantial changes to
§ lO(a).
420"Fiscal" year substituted for "calendar" year by § 3(4) ofPL 93-608, an Act to discontinue, or modifYcertain reporting
requirements of law, approved Jan. 2, 1975 (88 Stat. 1967).
421"Senate Select Committee on Small Business" added by § 203 ofPL 95-89, approved Aug. 4, 1977 (91 Stat. 553). The
Senate deleted the word "Select" by S. Res. 101, 97th Cong., 1st Sess., Mar. 25, 1981.
422Last sentence added by § 211 ofPL 95-89, approved Aug. 4, 1977 (91 Stat. 553). The requirement ofthe report of the
progress in liquidating the assets and winding up the affairs of the RFC repealed by § 3(4) ofPL 93-608, an Act to
discontinue or modifYcertain reporting requirements oflaw, approved Jan. 2, 1975 (88 Stat. 1967).
423"Committee on Small Business of the House of Representatives" substituted for "House Select Committee to Conduct a
Study and Investigation of the Problems of Small Business" by § 204 ofPL 95-89, approved Aug. 4, 1977 (91 Stat. 553).
424The phrase "as soon as practicable each fiscal year" substituted for "on December 31 of each year" by § 3(5) ofPL
93-608, an Act to discontinue Ofmodify certain reporting requirements oflaw, approved Jan. 2, 1975 (88 Stat. 1967).

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(Rev. hI, Change 1)
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§ 9(y)(3) to
§ 9(y)(6)

SMALL BUSINESS ACT

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(3)
LIMITATION.-No research program may be identified under
paragraph (2) unless the Secretary of the military department concerned certifies in writing
that the successful transition of the program to Phase III and into the acquisition process is
expected to meet high priority military requirements of such military department.
(4)
FUNDING.-For payment of expenses incurred to administer the
Commercialization Pilot Program under this subsection, the Secretary of Defense and each
Secretary of a military department is authorized to use not more than an amount equal to 1
percent of the funds available to.the Department of Defense or the military department
pursuant to the Small Business Innovation Research Program. Such funds(A)

shall not be subject to the limitations on the use of funds in

(B)

shall not be used to make Phase In awards.

subsection (f)(2); and

(5)
EVALUATIVE REPORT.-At the end of each fiscal year, the
Secretary of Defense shall submit to the Committee on Armed Services and the Committee
on Small Business and Entrepreneurship of the Senate and the Committee on Armed Services
and the Committee on Small Business of the House of Representatives an evaluative report
regarding activities under the Commercialization Pilot Program. The report shall include(A)

an accounting of the funds used in the Commercialization Pilot

Program;
(B) 'a detailed description of the Commercialization Pilot Program,
including incentives and aftivities undertaken by acquisition program managers, program

executive officers, and prHne contractors; and.

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(C)
a detailed compilation of results achieved by the
Commercialization Pilot Program, including the number of small business concerns assisted
and the number of projects commercialized.
(6)
SUNSET.- The pilot program under this subsection shall terminate at
the end of fiscal year 2009.

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(Rev. II, Change 1)
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SMALL BUSINESS ACT

§ 29(h)(I)(A)(i) to
§ 290)

(i)
an itemized cost breakdown of actual expenditures for
costs incurred during the preceding year; and
(ii)
documentation regarding the amount of matching
assistance from non-Federal sources obtained and expended by the center during the
preceding year in order to meet the requirements of subsection (c) and, with respect to any
in-kind contributions described in subsection (c)(2) that were used to satisfy the requirements
of subsection {c), verification of the existence and valuation of those contributions; and
(B)
analyze the results of each such examination and, based on that
analysis, make a determination regarding the programmatic and financial viability of each
women's business center.
(2)
CONDITIONS FOR CONTINUED FUNDING.-In determining
whethtito award a contract (as a sustainability grant) under subsection (1)or to renew a
contract (either as a grant or cooperative agreement) under this section with a women's
business center, the AdministratioIr-

Conditions
for continued
funding.

(A)
shall consider the results of the most recent examination of the
center under paragraph (1); and

)

(B)

may withhold such award or renewal, if the Administration

determines that(i)
the center has failed to provide any information
required to be provided under clause (i) or (ii) of paragraph (1)(A), or the information
provided by the center is inadequate; or
(ii)
the center has failed to provide any information.
required to be provided by the center for purposes of the report of the Administration under
subsection 0), or the information provided by the center is inadequate.
(i)
CONTRACT AUTHORlTY.- The authority of the Administrator to enter
into contracts shall be in effect for each fiscal year only to the extent and in the amounts as
are provided in advance in appropriations Acts. After the Administrator has entered into a
contract, either as a grant or a cooperative agreement, with any applicant under this section, it
shall not suspend, terminate, or fail to renew or extend any such contract unless the
Administrator provides the applicant with written notification setting forth the reasons
therefore and affor~s the applicant an opportunity for a hearing, appeal, or other
administrative proceeding under chapter 5 of title 5, United States Code.
(j)577 MANAGEMENT REPORT.577 Subsection G) completely rewritten by § 3(2) ofP.L.lO6-165, approved Dec. 9, 1999 (113 Stat. 1796). The change is
effective Oct. 1, 1999, per § 6 ofP.L. 106-165. Text offormer subsection G) is reprinted below:

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(Rev. II)
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§ 290)(1) to
.§ 29(k)(l)

SMALL BUSINESS ACT

(1)
INGENERAL.-The Administration shall prepare and submit to the
Committees on Small Business of the House of Representatives and the Senate a report on
the effectiveness of all projects conducted under this section.

Reporttei"')
Congress.

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Authorizatk-,
of

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(2)
CONTENTS.-Each report submitted under paragraph (1) shall
include information concerning, with respect to each women's business center established
pursuant to this section-'(A)

the number of individuals receiving assistance;

(B)

the number of startup business concerns fonned;

(C)

the gross receipts of assisted concerns;

(D)

the employment increases or decreases of assisted concerns;

(E)
to the maximum extent practicable, increases or decreases in
profits of assisted concerns; and
(F)
the most recent analysis, as required under subsection
(h)(l)(B), and the subsequent determination made by the Administration under that
.
subsection: '
(k)

AUTHORIZATION OF APPROPRIATIONS-

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appropriations.

(1)578 IN GENERAL.~There is authorized to be appropriated, to remain
available until the expiration of the pilot program under subsecti@n(1)- .
REPORT.~ The Administrator shall prepare and submit an annual report to the Committees on Small Business of
the House of Representatives and the Senate on the effectiveness of all projects conducted under theauthority of
this section. Such report shall provide information concerning(1) the number ofindividuals receiving assistance;
(2) the number of startup business concerns formed;
(3) the gross receipts of assisted concerns;
(4) increases or decreases in profits ofassisted concerqs; and
(5) the employment increases or decreases of assisted concerns.
(

578paragraph 29(k)(1) was rewritten by § 4(b)(1) of P.L. 106-165, approved Dec. 9, 1999 (113 Stat 1799). Section 6 of
P.L. 106-165 provides that the effective date of the law is Oct 1, 1999. Text offormer paragraph 29(k)(1) is reprinted
below:
There is authorized to be appropriated $11,000,000* for each fiscal year to carry outthe projects authorized 'under tJe,;,s.
section, of which, for fiscal year 1998, not more than 5 percent may be used for administrative expenses related t( .'j
program under this section,"'-/

(Rev. 11)

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