Request for Emergency Processing of an Information Collection, OMB Control No. 3245-0062

MEMORANDUM

DATE: August 25, 2025

TO: Susan Minson

SBA Desk Officer

Office of Information and Regulatory Affairs (OIRA)

Office of Management and Budget (OMB)

FROM: Thomas Morris

Deputy Associate Administrator

Office of Investment and Innovation

U.S. Small Business Administration (SBA)

SUBJECT: Request for Emergency Processing of an Information Collection, OMB Control No. 3245-0062

In accordance with 5 CFR 1320.13(a), SBA’s Office of Investment and Innovation (OII) is requesting emergency processing of a revision of an information collection for six months. The U.S. Small Business Administration (SBA or Agency) seeks emergency use of SBA Form 2181, the Management Assessment Questionnaire and License Application (MAQ) (OMB Control No. 3245-0062) for use with the Department of Defense’s (DoD) Critical Technology Limited Partnership Program (the CTLP Program).

The Small Business Investment Act of 1958 (P.L. 85-699) created the Small Business Investment Company (SBIC) Program “…to stimulate and supplement the flow of private equity capital and long-term loan funds which small-business concerns need for the sound financing of their business operations and for their growth, expansion, and modernization, and which are not available in adequate supply: Provided, however, that this policy shall be carried out in such a manner as to insure the maximum participation of private financing sources.”

Consistent with statutory policy and in alignment with federal risk management standards, the SBA seeks to maximize the participation of private financing sources in the SBIC Program by licensing privately managed investment funds that raise capital from private investors and leverage those resources with capital obtained through the SBICs’ issuance of debentures that are guaranteed by SBA with the full faith and credit of the United States. Through this unique public-private partnership, applicants apply to be licensed as an SBIC through the collection of information submitted from SBA Form 2181 (OMB Control No. 3245-0062).

Traditionally, the DoD has had a long-standing partnership with the SBA on developing

and implementing innovation funding programs, such as the Small Business Innovation Research ("SBIR") and the Small Business Technology Transfer ("STTR") programs. Building on this partnership, SBA’s Office of Investment and Innovation and DoD’s Office of Strategic Capital (OSC) launched the Small Business Investment Company Critical Technology Initiative (the "SBICCT Initiative") which combines (i) SBA's deep expertise and experience executing the established and highly successful Small Business Investment Company program (the "SBIC Program"), (ii) DoD's robust scientific and technical expertise, (iii) OSC's investment and finance experience and expertise and (iv) SBA and DoD's joint national and economic security mission. By providing capital (in the form of government-guaranteed loans from SBA) and technology sector guidance (in the form of program-related initiatives), the SBICCT Initiative aims to empower highly qualified fund managers to scale and catalyze investments in critical technology areas defined under 10 U.S.C §4801(6) and listed on the website for the Under Secretary of Defense (Research and Engineering) as well as supply chain and component level technologies and production processes.

On June 5, 2025, the DoD and SBA amended and restated its original Memorandum of Agreement (MOA) dated March 2, 2023 to formally continue and expand its relationship in particular respect to the SBIC Program, the SBICCT Initiative and a newly created DoD CTLP Program where the SBA’s and the DoD’s national and economic security missions are mutually aligned. While DoD and SBA have their own statutory and regulatory authorities permitting many of the activities, rights and obligations included in the above referenced MOA, the Economy Act, 31 U.S.C. §1535 (the “Economy Act”) provides the authority and procedures by which one executive agency needing supplies or services obtains and transfers funds for such supplies or services from another executive agency. The Economy Act is the primary governing authority for DoD to support the programs and activities implemented under SBA’s authorities and the primary governing authority for SBA to support the programs and activities implemented under DoD’s authorities.

SBA now seeks clearance to use its existing Form 2181 (OMB Control No. 3245-0062) for applicants seeking to be approved under the DoD CTLP Program. The SBA and DoD intend to jointly develop methods to incentivize and foster the creation and expansion of investment funds capable of providing greater financings to businesses in strategic sectors of the economy that will advance national and economic security priorities.

The estimated burden hours per response for each participant preparing a Form 2181 as an applicant to the CTLP program is 80 hours. The estimated number of such participants in the next twelve months is 50. This brings the total burden to 4,000 hours. In addition to seeking emergency/expedited clearance, SBA will submit a request for normal clearance for a new form beyond the maximum six-month period provided by emergency approval.

As required by 5 CFR 1320.13(a)(1), SBA has determined this collection of information is needed prior to the expiration of the time periods established under 5 CFR Part 1320 due to the urgency of supporting businesses which seek to participate in the DoD’s CTLP Program and the immediate domestic economic and national security benefits such participants would provide through injection of strategic capital into the national economy. As a result, approval of this collection of information is needed as soon as possible to begin accepting applications to DoD’s CTLP Program, which is critical to meet the Administration’s priorities to enhance national security and economy.

Certain “technology categories” have been identified by the Administration and Congress as areas requiring significant and immediate investment for the U.S. to maintain advantage over our adversaries. The Communist Party of China (the "CCP") has deployed trillions in capital to archive their national security goals, dwarfing total U.S. investment in these same sectors. Global capital markets have become an increasingly contested domain. The CCP influences up to $8T of capital investments globally, gaining advantage in critical tech, manufacturing, and creating economic chokepoints for the United States. 

One such area, the exploration, mining, and refinement of critical minerals, has been prioritized by the Administration through recent Executive Orders (“Ensuring National Security and Economic Resilience Through Section 232 Actions on Processed Critical Minerals and Derivative Products” and "Immediate Measure to Increase American Mineral Production") to counter the actions of the CCP. As described in the President's Executive Order dated March 20, 2025, "Our national and economic security are now acutely threatened by our reliance upon hostile foreign powers’ mineral production. It is imperative for our national security that the United States take immediate action to facilitate domestic mineral production to the maximum possible extent. “

In response to this acute national security landscape, through the "One Big Beautiful Bill" Congress appropriated $100B to the DoD (acting through the Office of Strategic Capital (“OSC”)) to counter the efforts of the CCP in the critical minerals and materials industry. Furthermore, in addition to the monies appropriate for critical minerals, Congress has identified another $100B for OSC to be applied to those other technologies deemed critical to our national security. OSC’s financial tools are designed to immediately address these challenges.

In particular, the CTLP Program (which is the DoD program that is the subject of the emergency review request) has been designed specifically to meet the challenges identified by the Administration and Congress and would be the immediate beneficiary of this emergency treatment request. The SBA’s MAQ (the subject of the emergency treatment) and the accompanying SORN is the tool by which applicants will apply to the CTLP Program; hence the urgency of this emergency processing request.

There are applicants lined up to apply to the program to commence deploying capital as soon as October of 2025. Without the emergency request, this timeline would be significantly delayed. Every day of delay in the funding of these critical technologies and supply chain chokepoints is another day of vulnerability for our Nation’s security.

Pursuant to 5 CFR 1320.13(a)(2), SBA has determined that the Agency cannot reasonably comply with normal clearance procedures. Public harm will result if SBA is not granted emergency clearance to use this information collection as SBA is currently unable to accept or process applications under the DoD CTLP Program. Further, the use of normal clearance procedures is reasonably likely to prevent SBA from collecting this information, as SBA needs immediate approval for expanded use of the MAQ to begin collecting this information for the CTLP program by September 1, 2025.

Given that the collection of information is needed prior to the expiration of time periods established under 5 CFR Part 1320, is essential to the mission of the DoD and SBA, and that SBA cannot reasonably comply with normal OMB clearance procedures, the Agency respectfully requests that OMB grants emergency authority for SBA to use the existing Form 2181 (OMB Control No. 3245-0062) for collection of information for the DoD CTLP Program for six months. Subsequently SBA will pursue approval using the standard clearance procedures for a separate information collection to obtain a three-year authorization period.