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102 STAT. 3878 PUBLIC LAW 100-656—NOV. 15, 1988

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 con-
tracts 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(aX20) 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.".

SEC. 409. DUE PROCESS RIGHTS.

Paragraph (9) of section 8(a) of the Small Business Act (15 U.S.C.
637(aX9)) is amended to read as follows:

"(9XA) Subject to the provisions of subparagraph (E), the Adminis-
trator, prior to taking any action described in subparagraph (B),
shall provide the small business concern that is the subject of such
action, an opportunity for a hearing on the record, in accordance
with chapter 5 of title 5, United States Code.
"(B) The actions referred to in subparagraph (A) are—

"(i) denial of program admission based upon a negative deter-
mination pursuant to paragraph (4), (5), or (6);
"(ii) a termination pursuant to section 7(jX10XF);
"(iii) a graduation pursuant to section 7(jX10XH); and
"(iv) the denial of a request to issue a waiver pursuant to
t paragraph (21XB).

"(C) The Administrator's proposed action, in any proceeding con-
ducted under the authority of this paragraph, shall be sustained
unless it is found to be arbitrary, capricious, or contrary to law.
"(D) A decision rendered pursuant to this paragraph shall be the
final decision of the Administration and shall be binding upon the
Administration and those within its employ.

"(E) The adjudicator selected to preside over a proceeding con-
ducted under the authority of this paragraph shall decline to accept
jurisdiction over any matter that—

"(i) does not, on its face, allege fads that, if proven to be true,
would warrant reversal or modification of the Administration's
position;

"(ii) is untimely filed;

"(iii) is not filed in accordance with the rules of procedure
governing such proceedings; or

"(iv) has been decided by or is the subject of an adjudication
before a court of competent jurisdiction over such matters.