; and (B) the Administrator determines carrying out this paragraph will have no adverse effect on the waivers provided under paragraph (31)(G) or (33)(E)(ii) for a fiscal year. (39) Emerging business enterprises (A) Reports On the date that is 1 year after the end of the first fiscal year for which a guaranteed loan is made to an emerging business enterprise under this subsection, and annually thereafter, each lender making such a loan shall submit to the Administrator a report with respect to the preceding fiscal year on the total number and dollar amount of such loans made and the number of waivers issued under paragraph (38). (B) Verification A lender shall verify with the Administrator the status of a concern as an emerging business enterprise before making a loan guaranteed under this subsection to such emerging business enterprise. (C) Penalty If a concern received a loan under this subsection and fraudulently misrepresented the status of the concern as an emerging business enterprise, that concern shall— (i) repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan to the Administrator); and (ii) pay a fine to the Administrator in an amount determined by the Administrator. . 3. Rulemaking (a) In general Not later 1 year after the date of enactment of this subsection and for each industry category for which the Administrator of the Small Business Administration established a size standard under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ), the Administrator shall issue a rule— (1) establishing procedures for designating a small business concern in each such industry category as an emerging business enterprise that include the criteria under subsection (gg)(3) of section 3 of the Small Business Act ( 15 U.S.C. 632 ), as added by this Act, and a process for appealing designation decisions of the Administrator; (2) establishing procedures for certification by the Administrator as an emerging business enterprise