House Report 117-138 — SBA Cyber Awareness Act (October 12, 2021)
Summary
House Report 117–138, dated October 12, 2021, is the report of the Committee on Small Business on H.R. 3462, the SBA Cyber Awareness Act, which the committee reports favorably without amendment. The report states that the bill would require the Small Business Administration to issue annual reports on its information technology and cybersecurity infrastructure, notify the House and Senate small business committees of a cybersecurity risk or incident within 7 days, and notify affected individuals within 30 days. The background section states that on March 25, 2020, SBA detected a vulnerability in the EIDL application and that almost 8,000 small businesses may have had their information exposed. It states that the committee ordered the bill favorably reported on July 29, 2021, with no amendments offered.
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Cite this document
“House Report 117-138 — SBA Cyber Awareness Act (October 12, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-117hrpt138-crpt-117hrpt138/
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–138
SBA CYBER AWARENESS ACT
OCTOBER 12, 2021.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Ms. VELÁZQUEZ, from the Committee on Small Business,
submitted the following
R E P O R T
[To accompany H.R. 3462]
The Committee on Small Business, to whom was referred the bill
(H.R. 3462) to require an annual report on the cybersecurity of the
Small Business Administration, and for other purposes, having con-
sidered the same, reports favorably thereon without amendment
and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................ 2
II. Background and Need for Legislation ....................................................... 2
III. Hearings ....................................................................................................... 3
IV. Committee Consideration ........................................................................... 4
V. Committee Votes ......................................................................................... 4
VI. Section-by-Section Analysis for H.R. 3462 ................................................ 4
VII. Congressional Budget Cost Estimate ........................................................ 4
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 5
IX. Committee Oversight Findings and Recommendations ........................... 5
X. Statement of General Performance Goals and Objectives ....................... 5
XI. Duplication of Federal Programs ............................................................... 5
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits ..................................................................................................... 5
XIII. Federal Mandates Statement ..................................................................... 5
XIV. Federal Advisory Committee Statement ................................................... 6
XV. Applicability to Legislative Branch ........................................................... 6
XVI. Constitutional Authority Statement .......................................................... 6
XVII. Changes in Existing Law Made by the Bill, as Reported ........................ 6
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29–006
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2
I. PURPOSE AND BILL SUMMARY
The purpose of H.R. 3462, the ‘‘SBA Cyber Awareness Act’’, is to
amend the Small Business Act (the Act) 1 to require the Small
Business Administrator (SBA) to issue annual reports assessing its
information technology (IT) and cybersecurity infrastructure and
notify Congress and affected parties of cyber incidents when they
occur. Specifically, the bill would require SBA to issue annual re-
ports, which must include the following information: (1) an assess-
ment of SBA’s IT and cybersecurity infrastructure; (2) its strategy
to improve cybersecurity protections; (3) a detailed account of any
IT equipment of SBA that was manufactured by an entity with a
principal place of business in the People’s Republic of China; and
4) an account of any cybersecurity risk or incident occurring within
the two years preceding the date the report is submitted, and
SBA’s actions to remediate the cybersecurity risk or incident.
In addition, if a cybersecurity risk or incident occurred, SBA is
instructed to notify the House and Senate small business commit-
tees (committees) within 7 days. And within 30 days notify the in-
dividuals and small business concerns affected by the cybersecurity
risk or incident, and submit a report summarizing how the cyberse-
curity risk or incident occurred and how many parties were af-
fected to the committees.
II. BACKGROUND AND NEED FOR LEGISLATION
In June 2015, the U.S. Office of Personnel Management an-
nounced that it had been the target of a massive data breach af-
fecting over 20 million people. The announcement raised awareness
of the vulnerability of the federal government’s IT infrastructure
and brought about a bipartisan and bicameral letter to agencies re-
questing information on legacy IT systems.2 In May 2017, the Mod-
ernizing Government Technology Act of 2017 passed the House of
Representatives and was later enacted through the Fiscal Year
2018 National Defense Authorization Act (NDAA). The bill sought
to establish two types of funds to retire vulnerable IT systems and
address evolving cybersecurity threats.3 In the Fiscal Year 2019
NDAA, Congress passed requirements for the Department of De-
fense to report cybersecurity breaches.4
For more than twenty years, SBA’s Office of Inspector General
(OIG) has listed IT security as a one of the most serious manage-
ment and performance challenges facing the SBA.5 In the Fiscal
Year 2020 management challenges report, the OIG found that the
agency continued to face significant risks in deploying IT and cy-
1 Originally, title II of the Act of July 30, 1953, 67 Stat. 232, was designated as the Small
Business Act of 1953. A plethora of amendments in subsequent Congresses led to a rewrite in
1958. Pub. L. No. 85–536, Sec. 1, 72 Stat. 384 (1958). The Act is codified at 15 U.S.C. Sec. 631–
657s.
2 Letter from the Hon. Jason Chaffetz, Chairman, H. Comm. on Oversight & Gov’t Reform,
Hon. Ron Johnson, Chairman, S. Comm. on Homeland Security & Gov’t Affairs, et. al, to federal
agencies (Dec. 22, 2015) (letter and agency responses on file with the Committee).
3 National Defense Authorization Act for Fiscal Year 2018, Pub. L. No. 115–91, Sec. 1077, 131
Stat. 1283 (2017). (Congress enacted a section of the Fiscal Year 2018 NDAA titled the Modern-
izing Government Technology Act authorizing two types of funds to modernize the federal gov-
ernment’s legacy IT.).
4 John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115–
232, Sec. 1639, 132 Stat. 1636 (2018).
5 For the most recent report, see U.S. SMALL BUS. ADMIN., OFFICE OF THE INSPECTOR GEN.,
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21–01, REPORT ON MOST SERIOUS MANAGEMENT AND PERFORMANCE CHALLENGES FACING THE
SMALL BUSINESS ADMINISTRATION IN FISCAL YEAR 2021 (Oct. 16, 2020).
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3
bersecurity controls.6 These vulnerabilities were exposed by the
rollout of the SBA’s COVID 19 relief programs. The unprecedented
demand for the SBA’s relief programs—the Economic Injury Dis-
aster Loan Program (EIDL program) and the Paycheck Protection
Program (PPP)—inundated SBA’s legacy systems, leading to
backend system crashes, portals operating slowly, and a glitch that
led to a data breach of applicants’ personal information.
On March 25, 2020, SBA detected a vulnerability in their EIDL
application. They discovered that applicants’ personally identifiable
information (PII) was accidentally disclosed to other applicants. On
April 13, 2020, SBA sent a letter to the potentially affected individ-
uals. According to SBA, almost 8,000 small businesses who applied
for loans through the EIDL program may have had their informa-
tion exposed during the data breach.7 PII that could have been di-
vulged included email addresses, citizenship status, insurance in-
formation, birth dates, phone numbers, addresses, and Social Secu-
rity Numbers.
After the data breach, version 2.0 of the EIDL program portal
was created to fix the vulnerability that allowed for the breach.
Businesses were directed to complete the application and upload
scanned documents. Later, new guidance stated that SBA no longer
needed the scanned documents and it advised businesses who had
applied under version 2.0 and were not assigned a lending officer
to reapply under the Rapid Portal. These applicants lost their place
in the queue and were told to reapply once the EIDL program por-
tal reopened.
Shortly after the launch of the PPP portal, the E–Tran system,
SBA’s loan guarantee origination and servicing solution,8 was inun-
dated by applicants causing it to go offline for as long as four
hours, which caused applicants and lenders to lose their place in
the queue and halted their ability to submit applications to E–
Tran. The E–Tran system crashed a second time on April 27, 2020
upon the reopening of the PPP portal. These crashes cause concern
about the backend capacity of the E–Tran system, the system not
only crashed, but it also processed applications at a very slow rate.
This legislation would create new layers of Congressional over-
sight that will regularly assess SBA’s IT and cybersecurity systems
and controls and ensurE–Transparency during future IT and cyber-
security incidents. H.R. 3462 was introduced by Reps. Jason Crow
(D–CO) and Young Kim (R–CA) on May 21, 2021. The previous
iteration of this bill, H.R. 2331, was introduced in the 116th Con-
gress by Rep. Crow (D–CO) on March 18, 2019. The bill was ap-
proved by voice vote by the House on July 15, 2019.
III. HEARINGS
The committee hearing ‘‘Strengthening the Cybersecurity Posture
of America’s Small Business Community,’’ held on July 20, 2021,
evaluated the resources, training, and technical assistance needed
to reduce small business cybersecurity vulnerabilities. Members
6 Id.
7 PYMNTS, SBA May Have Exposed Data Of 8,000 SMBs Seeking Relief Loans, (April 22,
2020) https://www.pymnts.com/news/security-and-risk/2020/sba-may-have-exposed-data-of-8000-
smbs-seeking-relief-loans/.
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8 U.S. Small Bus. Admin., E–Tran Electronic Loan Processing, (2014) https://www.sba.gov/
sites/default/files/articles/ETran_Origination_01_2014.pdf.
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4
and witnesses discussed how SBA could play a larger role facili-
tating collaboration and information sharing between Federal agen-
cies and the private sector, and the specific importance of strength-
ening SBA’s internal IT and cybersecurity systems.
In the 116th Congress, the Committee examined SBA’s IT infra-
structure and technology systems and performed routine oversight
of their performance during the coronavirus pandemic. On July 22,
2020, the Subcommittee on Investigations, Oversight, and Regula-
tions met for a hearing titled ‘‘21st Century SBA: An Analysis of
SBA’s Technology Systems.’’ The witness for the hearing was SBA’s
Chief Information Officer, Guy Cavallo. On September 24, 2020,
the Subcommittee on Innovation and Workforce Development met
for a hearing titled ‘‘Paycheck Protection Program: An Examination
of Loan Forgiveness, SBA Legacy Systems, and Inaccurate Data.’’
The witness for the hearing was William Manger, the Chief of Staff
of SBA, and the Associate Administrator of the SBA Office of Cap-
itol Access.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on July 29, 2021 and ordered H.R. 3462 fa-
vorably reported to the House of Representatives. During the
markup, no amendments were offered.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list the recorded votes on the mo-
tion to report legislation and amendments thereto. The Committee
voted by voice vote to favorably report H.R. 3462 to the House of
Representatives at 10:47 a.m.
VI. SECTION-BY-SECTION ANALYSIS FOR H.R. 3462
Section 1. Short title
This Act may be cited as the ‘‘SBA Cyber Awareness Act’’.
Section 2. Cybersecurity Awareness Reporting
This section amends Section 10 of the Small Business Act (15
U.S.C. § 639) by inserting subsection (b) ‘‘Cybersecurity Reports.’’
SBA is required to submit an annual report on the cybersecurity
of the Administration to the House Small Business Committee and
the Senate Small Businesses and Entrepreneurship Committee. In
the event of a cybersecurity risk or incident, the SBA is required
to alert the Committees no later than seven days after the event
and submit a report within thirty days. The SBA is also required
to provide notice to affected individuals and small business con-
cerns within thirty days.
VII. CONGRESSIONAL BUDGET COST ESTIMATE
Pursuant to 3(c)(2) of rule XIII of the Rules of the House of Rep-
resentatives, the Committee adopts as its as its own the cost esti-
mate prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of 1974.
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The Committee has requested but not received from the Director
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5
of the Congressional Budget Office a cost estimate for the Commit-
tee’s provisions.
VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX
EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a) of the Congressional Budget
Act of 1974, the Committee provides the following opinion and esti-
mate with respect to new budget authority, entitlement authority,
and tax expenditures. While the Committee has not received an es-
timate of new budget authority contained in the cost estimate pre-
pared by the Director of the Congressional Budget Office pursuant
to Sec. 402 of the Congressional Budget Act of 1974, the Committee
does not believe that there will be any additional costs attributable
to this legislation. H.R. 3462 does not direct new spending, but in-
stead reallocates funding independently authorized and appro-
priated.
IX. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in the H.R.
3462 are incorporated into the descriptive portions of this report.
X. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirements of clause 3(c)(4) of rule XIII of
the Rules of the House of Representatives, the performance goals
and objectives of H.R. 3462 is to improve the SBA’s internal cyber-
security infrastructure and protect small businesses and other indi-
viduals impacted in the event that a cyber incident has occurred.
XI. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 3462 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
the Rules of the House of Representatives.
XIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates prepared by the Director of the Congressional Budget Office
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pursuant to section 423 of the Unfunded Mandates Reform Act.
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XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 7 of rule XII of the Rules of the House of Rep-
resentatives, the Committee finds the authority for this legislation
in Art. I, § 8, cl. 1 of the Constitution of the United States.
XVII. 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, as shown as follows: existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italic,
and existing law in which no change is proposed is shown in
roman:
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 (new matter is printed in italics
and existing law in which no change is proposed is shown in
roman):
SMALL BUSINESS ACT
* * * * * * *
SEC. 10. (a) 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 oper-
ations of the Administration under this chapter, including, but not
limited to, the general lending, disaster relief, Government regula-
tion relief, procurement and property disposal, research and devel-
opment, technical assistance, dissemination of data and informa-
tion, and other functions under the jurisdiction of the Administra-
tion during the previous fiscal year. Such report shall contain rec-
ommendations for strengthening or improving such programs, or,
when necessary or desirable to implement more effectively congres-
sional 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 financ-
ing is arranged by the Administration, together with the amounts
involved. With respect to minority small business concerns, the re-
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port shall include the proportion of loans and other assistance
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7
under this Act provided to such concerns, the goals of the Adminis-
tration for the next fiscal year with respect to such concerns, and
recommendations for improving assistance to minority small busi-
ness concerns under this Act.
(b) CYBERSECURITY REPORTS.—
(1) ANNUAL REPORT.—Not later than 180 days after the date
of enactment of this subsection, and every year thereafter, the
Administrator shall submit a report to the appropriate congres-
sional committees that includes—
(A) an assessment of the information technology (as de-
fined in section 11101 of title 40, United States Code) and
cybersecurity infrastructure of the Administration;
(B) a strategy to increase the cybersecurity infrastructure
of the Administration;
(C) a detailed account of any information technology
equipment or interconnected system or subsystem of equip-
ment of the Administration that was manufactured by an
entity that has its principal place of business located in the
People’s Republic of China; and
(D) an account of any cybersecurity risk or incident that
occurred at the Administration during the 2-year period
preceding the date on which the report is submitted, and
any action taken by the Administrator to respond to or re-
mediate any such cybersecurity risk or incident.
(2) ADDITIONAL REPORTS.—If the Administrator determines
that there is a reasonable basis to conclude that a cybersecurity
risk or incident occurred at the Administration, the Adminis-
trator shall—
(A) not later than 7 days after the date on which the Ad-
ministrator makes that determination, notify the appro-
priate congressional committees of the cybersecurity risk or
incident; and
(B) not later than 30 days after the date on which the
Administrator makes a determination under subparagraph
(A)—
(i) provide notice to individuals and small business
concerns affected by the cybersecurity risk or incident;
and
(ii) submit to the appropriate congressional commit-
tees a report, based on information available to the Ad-
ministrator as of the date which the Administrator
submits the report, that includes—
(I) a summary of information about the cyberse-
curity risk or incident, including how the cyberse-
curity risk or incident occurred; and
(II) an estimate of the number of individuals
and small business concerns affected by the cyber-
security risk or incident, including an assessment
of the risk of harm to affected individuals and
small business concerns.
(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, United States Code,
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in particular the requirement to notify the Federal information
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8
security incident center under section 3554(b)(7)(C)(ii) of such
title, or any other provision of law.
(4) DEFINITIONS.—In this subsection:
(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘‘appropriate congressional committees’’ means—
(i) the Committee on Small Business and Entrepre-
neurship of the Senate; and
(ii) the Committee on Small Business of the House of
Representatives.
(B) CYBERSECURITY RISK; INCIDENT.—The terms ‘‘cyberse-
curity risk’’ and ‘‘incident’’ have the meanings given such
terms, respectively, under section 2209(a) of the Homeland
Security Act of 2002.
(d) 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 ap-
propriated to the Department of Defense which have been ex-
pended, obligated, or contracted to be spent with small business
concerns and the amount of such funds expended, obligated, or con-
tracted 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) The Administration and the Inspector General of the Admin-
istration 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 Com-
mittee 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 Inspec-
tor General of the Administration conduct an investigation of any
program or activity conducted under the authority of section 7(j) or
8(a). 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) To the extent deemed necessary by the Administrator to pro-
tect 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 Govern-
ment 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 in-
terests will be recognized, protected, and preserved. This sub-
section shall not require any department or agency to consult or co-
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operate with the Administration in any case where the head of
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9
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) 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 Ad-
ministration during the preceding fiscal year; and
(2) investigations undertaken by the Administration, includ-
ing external and internal audits and security and investigation
reports.
(h) 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 op-
erations during the preceding calendar year. This report shall in-
clude, but not be limited to, (1) the number and the total dollar
amount of loans sold into the secondary market and the distribu-
tion 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 dis-
tribution by size of loan, interest rate, and premiums; (3) the num-
ber and total dollar amount of pools formed; (4) the number and
total dollar amount of loans in each pool; (5) the dollar amount, in-
terest 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 re-
ported in (1) through (7) to assess small businesses’ access to cap-
ital at reasonable rates and terms as a result of secondary market
operations.
* * * * * * *
Æ
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