Microloan Improvement Act of 2021 (Cong. Rec., April 14, 2021)
Summary
This is H1765 of the Congressional Record, House, April 14, 2021, with interleaved columns of suspension debate. Mr. Bilirakis and Mr. Pallone speak in support of a bill introduced by Mr. Griffith to prohibit the transfer of any controlled substance registration without written consent from the agency, to reduce the risk of drug diversion. The page also prints text of the Microloan Improvement Act of 2021, including loan terms of 7 years for loans of $10,000 or less and 10 years for larger intermediary loans, and a program funding section reserving 15 percent for designated underutilized States.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Microloan Improvement Act of 2021 (Cong. Rec., April 14, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-04-14-crec-2021-04-14-pt1-pgh1765-ce4edf4352/
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April 14, 2021 CONGRESSIONAL RECORD — HOUSE H1765
controlled substance registration of was a period of time during which the ‘‘(I) in the case of a loan made by an inter-
any registrant if the registrant dies, DEA was unaware that a particular mediary of $10,000 or less, 7 years; and
ceases legal existence, discontinues pharmacy was distributing controlled ‘‘(II) in the case of a loan made by an inter-
mediary of greater than $10,000, 10 years.
business or professional practice, or substances.
‘‘(ii) NO ADDITIONAL LIMITATIONS.—The Ad-
surrenders their registration. This bill Failing to properly verify whether a ministrator may not impose any additional
also codifies DEA authority to ensure transfer has been approved creates a limitation on the term for repayment of a
accuracy of registrations and limit the serious risk of drug diversion. This bill loan made by an intermediary under this
transfer of such registrations. amends the Controlled Substances Act paragraph.’’.
I thank the lead sponsor of this bill, to prohibit the transfer of any DEA (b) TECHNICAL AMENDMENT.—Section 329(c)
Representative GRIFFITH, for his lead- registration without consent from the of the Economic Aid to Hard-Hit Small Busi-
ership on this issue. agency. nesses, Nonprofits, and Venues Act (Public
Madam Speaker, I urge my col- By requiring written approval from Law 116–260; 134 Stat. 2042 15 U.S.C. 636 note)
is repealed.
leagues to support this bill, and I re- the DEA before the transfer of registra-
SEC. 5. PROGRAM FUNDING FOR MICROLOANS.
serve the balance of my time. tion, we decrease the risk of controlled
(a) IN GENERAL.—Section 7(m) of the Small
Mr. BILIRAKIS. Madam Speaker, I substances falling into the hands of
Business Act (15 U.S.C. 636(m)) is amended—
yield myself such time as I may con- those who have not been vetted by ap- (1) in paragraph (7)(B)—
sume. propriate regulatory authorities. (A) by amending clause (i) to read as fol-
Madam Speaker, I rise today in sup- Mr. BILIRAKIS. Madam Speaker, I lows:
port of this legislation, which was in- urge passage of this very good bill. I ‘‘(i) ALLOCATION.—Subject to the avail-
troduced by Representative GRIFFITH. yield back the balance of my time. ability of appropriations and for the first 2
In order to prevent people who have Mr. PALLONE. Madam Speaker, I quarters of a fiscal year, of the total amount
not been vetted by authorities in dis- also urge support for the bill, and I of new loan funds made available for award
yield back the balance of my time. under this subsection in such fiscal year, the
pensing controlled substances, this bill
Administrator shall—
would clarify that the transfer of any The SPEAKER pro tempore. The ‘‘(I) reserve 15 percent of such funds for
controlled substance registration with- question is on the motion offered by award to designated underutilized States;
out written consent from the Drug En- the gentleman from New Jersey (Mr. and
forcement Administration, DEA, is PALLONE) that the House suspend the ‘‘(II) make the remaining 85 percent of
prohibited. rules and pass the bill, H.R. 1899. such funds available for award in any
A 2018 Energy and Commerce Com- The question was taken. State.’’; and
mittee report, which summarized the The SPEAKER pro tempore. In the (B) in clause (ii), by striking ‘‘to carry
opinion of the Chair, two-thirds being out’’ and all that follows through the period
committee’s bipartisan investigation
in the affirmative, the ayes have it. at the end and inserting the following:
into the distribution of prescription ‘‘under clause (i)(I) remains unexpended, the
opioids by wholesale drug distributors, Mr. WEBER of Texas. Madam Speak- Administrator may make that portion avail-
and the DEA’s subsequent enforcement er, on that I demand the yeas and nays. able for award in any State or designated un-
practices found that an opioid dis- The SPEAKER pro tempore. Pursu- derutilized State.’’; and
tributor and its pharmacy customer ant to section 3(s) of House Resolution (2) in paragraph (11)—
did not go through the appropriate 8, the yeas and nays are ordered. (A) in subparagraph (C)(ii), by striking
process of transferring a registration Pursuant to clause 8 of rule XX, fur- ‘‘and’’ at the end;
ther proceedings on this motion are (B) in subparagraph (D), by striking the pe-
to a new pharmacy owner.
postponed. riod at the end and inserting ‘‘; and’’; and
Failing to contact the DEA appro- (C) by adding at the end the following new
priately and to verify whether the f subparagraph:
agency approved the transfer of a reg- MICROLOAN IMPROVEMENT ACT ‘‘(E) the term ‘State’ means each of the
istration to dispense controlled sub- OF 2021 several States, the District of Columbia, the
stances creates a serious risk that Commonwealth of Puerto Rico, the United
could lead to drug diversion. Ms. CRAIG. Madam Speaker, I move States Virgin Islands, Guam, the Northern
Madam Speaker, of course, I urge a to suspend the rules and pass the bill Mariana Islands, and American Samoa.’’.
‘‘yes’’ vote on this. (H.R. 1502) to amend the Small Busi- (b) RULEMAKING.—Not later than 180 days
ness Act to optimize the operations of after the date of the enactment of this Act,
Madam Speaker, I yield such time as the Administrator of the Small Business Ad-
he may consume to the gentleman the microloan program, lower costs for
small business concerns and inter- ministration shall issue regulations to define
from Virginia (Mr. GRIFFITH). the term ‘‘designated underutilized State’’,
mediary participants in the program,
b 1415 as used in section 7(m)(7)(B) of the Small
and for other purposes. Business Act (15 U.S.C. 636(m)(7)(B)), as
Mr. GRIFFITH. Madam Speaker, I The Clerk read the title of the bill. added by this section.
rise today in support of H.R. 1899, the The text of the bill is as follows: SEC. 6. CREDIT REPORTING INFORMATION.
Ensuring Compliance Against Drug Di- H.R. 1502 The Administrator of the Small Business
version Act. This is a small but very Be it enacted by the Senate and House of Rep- Administration shall issue rules establishing
important step that could play a key resentatives of the United States of America in a process under which an intermediary that
role in helping contain the opioid epi- Congress assembled, makes a loan to a borrower under section
demic. SECTION 1. SHORT TITLE. 7(m) of the Small Business Act (15 U.S.C.
License to distribute opioids is not a This Act may be cited as the ‘‘Microloan 636(m)) shall be required to provide the
Improvement Act of 2021’’. major credit reporting agencies with infor-
commodity to be freely bought and mation about the borrower relevant to credit
SEC. 2. INTEREST RATE FOR CERTAIN INTER-
sold. We must ensure that those who MEDIARIES. reporting, such as the borrower’s payment
wish to engage in opioid distribution Section 7(m)(3)(F)(iii) of the Small Busi- activity on the loan.
earn the ability to do so. ness Act (15 U.S.C. 636(m)(3)(F)(iii)) is SEC. 7. REPORT REGARDING EQUITABLE DIS-
An investigation, as the Speaker has amended by striking ‘‘$7,500’’ and inserting TRIBUTION.
heard, published by the Energy and ‘‘$10,000’’. Section 7(m)(8) of the Small Business Act
Commerce Oversight and Investiga- SEC. 3. LINES OF CREDIT AUTHORIZED. (15 U.S.C. 636(m)(8)) is amended—
tions Subcommittee in 2018 found that Section 7(m)(6)(A) of the Small Business (1) by striking ‘‘In approving’’ and insert-
the current procedures for transferring Act (15 U.S.C. 636(m)(6)(A)) is amended by in- ing the following:
serting ‘‘(including lines of credit)’’ after ‘‘(A) IN GENERAL.—In approving’’; and
the licenses to distribute controlled (2) by adding at the end the following:
substances lacked sufficient account- ‘‘fixed rate loans’’.
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SEC. 4. EXTENDED REPAYMENT TERMS.
‘‘(B) ANNUAL REPORT.—The Administrator
ability. shall include in the report submitted under
In one instance, a distributor and its (a) IN GENERAL.—Section 7(m)(6) of the
paragraph (10), and make publicly available
Small Business Act (15 U.S.C. 636(m)(6)) is
pharmacy customer did not go through on the website of the Administration, infor-
amended by adding at the end the following:
the appropriate process of transferring mation on how the Administration has met
‘‘(F) REPAYMENT TERMS.—
registration to a new pharmacy owner, the requirements of subparagraph (A).’’.
‘‘(i) LIMITATION ON REPAYMENTS TERM.—The
but the mistake wasn’t caught until repayment term for a loan made under this The SPEAKER pro tempore. Pursu-
long, long afterward. As a result, there paragraph shall not be more than— ant to the rule, the gentlewoman from
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H1766 CONGRESSIONAL RECORD — HOUSE April 14, 2021
Minnesota (Ms. CRAIG) and the gen- The microloan program is uniquely their doors open because support is
tleman from Missouri (Mr. LUETKE- suited to address this problem, and to- simply not reaching them.
MEYER) each will control 20 minutes. day’s bill strengthens the program and As a former small business owner, I
The Chair recognizes the gentle- is long overdue. know firsthand how loans can make an
woman from Minnesota. I encourage my colleagues to support absolutely life-changing difference for
GENERAL LEAVE the bill. an entrepreneur.
Ms. CRAIG. Madam Speaker, I ask Madam Speaker, I reserve the bal- However, the reality is that too
unanimous consent that all Members ance of my time. many small businesses, especially
may have 5 legislative days in which to Mr. LUETKEMEYER. Madam Speak- those led by women, or minorities, or
revise and extend their remarks and in- er, I yield myself such time as I may those in rural communities, don’t have
clude extraneous material on the meas- consume, and I rise in support of H.R. access to the primary lending programs
ure under consideration. 1502, the Microloan Improvement Act offered by the Small Business Adminis-
The SPEAKER pro tempore. Is there of 2021. tration or private sector.
objection to the request of the gentle- Before I begin, I would like to thank Microloans are designed to help
woman from Minnesota? the chairwoman for working in a bipar- start-ups and new small businesses
There was no objection. tisan manner on behalf of our Nation’s that don’t have banking relationships
Ms. CRAIG. Madam Speaker, I yield small businesses. with access to larger capital. But for
myself such time as I may consume. The bills before us today were devel- too many businesses, these microloans
Madam Speaker, I rise in support of oped in the 116th Congress and have have been unreachable.
the bill before us today, H.R. 1502, the been updated and reintroduced in this That is why I am proud to co-lead the
Microloan Improvement Act of 2021. Congress. They focus on the Small Microloan Improvement Act to ensure
Today, we are considering four bipar- Business Administration’s existing that, regardless of background or loca-
tisan bills that were approved by the government guaranteed loan programs. tion, every business has equitable ac-
Small Business Committee and the full These programs are important re- cess to capital.
House of Representatives last year. I sources and tools for the Nation’s With this legislation, we are expand-
am proud of the committee’s work on smallest businesses as they seek out fi- ing the number of community-based
behalf of small businesses and pleased nancing. lenders eligible for the lowest interest
that we worked together to get things Now, more than ever, these programs rates on loans. That means these lend-
done. Our small businesses deserve need to be ready for small businesses as ers can offer lines of credit to more
nothing less. they begin and continue to recover small businesses.
I would like to thank the chair- from the COVID–19 pandemic. As rank- Now more than ever, we have an obli-
woman, Ms. VELÁZQUEZ, for giving me ing member of the Committee on Small gation to remove barriers that prevent
the opportunity to manage time today Business, I want to make sure we small businesses from receiving
on these four important small business focus, or continue to focus on these microloans. With this legislation, we
bills. programs that assist the Nation’s are cutting bureaucratic red tape that
I would also like to thank the rank- small businesses, entrepreneurs, and has restricted growth and job creation.
ing member, Mr. LUETKEMEYER, who start-ups. From mom-and-pop shops, to family-
will be handling the floor proceedings The first bill is the Microloan Im- owned stores, to every small business,
today with me. provement Act. This legislation en- they will all benefit. That is why this
Prior to the COVID–19 pandemic, the hances and expands SBA’s microloan legislation is supported by Democrats
Subcommittee on Economic Growth, program which provides loans of $50,000 and Republicans, and I am so glad to
Tax, and Capital Access, under the or less. This program, which is deliv- partner today with my Republican col-
leadership of Mr. KIM, held a hearing ered to small businesses through a leagues. I am happy to work in a bipar-
on the microloan program, where we partnership with microloan inter- tisan fashion to help our inter-
heard from a panel of intermediaries mediaries, concentrates on low-dollar mediaries provide assistance to our
who reported that many of the pro- loans and technical assistance. local entrepreneurs.
gram’s rules, largely unchanged since When a small business is starting Let’s pass this legislation so we can
1991, are outdated and restrict them out, counseling and capital assistance support the smallest of the small busi-
from meeting today’s demand for start- are true drivers of continued and pro- nesses in all of our communities.
up financing and providing more tech- longed success. H.R. 1502 further en- Mr. LUETKEMEYER. Madam Speak-
nical assistance. hances the program for micro-bor- er, I yield such time as he may con-
In response, Mr. KIM crafted the rowers by expanding the repayment sume to the gentleman from Tennessee
Microloan Improvement Act of 2020, a terms of the program and providing ad- (Mr. BURCHETT), who has been a leader
series of proposals designed to update ditional tools in their toolbox. in small business issues.
the program’s rules and, ultimately, Additionally, the bill removes the Mr. BURCHETT. Madam Speaker, I
help microloan intermediaries extend burdensome 1/55th rule that delays dol- thank the ranking member for yield-
more affordable capital to first-time lars from flowing to microloan inter- ing.
entrepreneurs. mediaries within the first two fiscal I rise in support of Representative
I was proud to support the Microloan quarters of the year and replaces it KIM’s Microloan Improvement Act. I
Improvement Act last Congress and with an allocation mechanism that will am proud to be an original cosponsor of
was pleased to see some of its provi- provide more equitable access to all this important legislation.
sions become law as part of the Eco- States across the Nation. Access to financial capital is essen-
nomic Aid Act last December. I would like to thank Mr. KIM, Mr. tial to the success of America’s small
Today’s bill, the Microloan Improve- GARBARINO, Ms. NEWMAN, and Mr. businesses and their entrepreneurs.
ment Act of 2021, is virtually the same BURCHETT for concentrating their ef- This bipartisan bill is straightforward
as last Congress’ version without the forts on this legislation. and effective. It increases the number
policies we have already enacted into Madam Speaker, I urge my col- of nonprofit community-based lenders
law. leagues to support H.R. 1502, and I re- that can offer loans through the SBA’s
Madam Speaker, we have heard time serve the balance of my time. microloan program.
and again many entrepreneurs lack the Ms. CRAIG. Madam Speaker, I yield Representative KIM’s bill works in
experience needed to demonstrate their such time as she may consume to the tandem with the Microloan Trans-
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creditworthiness to conventional lend- gentlewoman from Illinois (Ms. NEW- parency and Accountability Act, my
ers. The COVID–19 pandemic has high- MAN). small business legislation that we will
lighted these gaps in financing, show- Ms. NEWMAN. Madam Speaker, I debate shortly, to expand access to fi-
ing the smallest of small businesses, rise today, excitedly, on behalf of the nancial resources that will help our as-
especially those owned by women and millions of small businesses across our piring small business owners and entre-
minorities, struggle the most to afford Nation that are truly suffering from preneurs chase down the American
access to capital. the pandemic and struggling to keep Dream.
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April 14, 2021 CONGRESSIONAL RECORD — HOUSE H1767
I encourage my colleagues to support Mr. WEBER of Texas. Madam Speak- ‘‘(I) the number of loans made in an
this important bipartisan legislation. er, on that I demand the yeas and nays. amount greater than $20,000; and
Ms. CRAIG. Madam Speaker, I have The SPEAKER pro tempore. Pursu- ‘‘(II) the average size and charge-off rate of
no further speakers and I am prepared ant to section 3(s) of House Resolution such loans;
‘‘(xiv) the subsidy cost to the Administra-
to close. I reserve the balance of my 8, the yeas and nays are ordered. tion;
time. Pursuant to clause 8 of rule XX, fur- ‘‘(xv) the number and percentage of
Mr. LUETKEMEYER. Madam Speak- ther proceedings on this motion are microloans that were made to refinance
er, I yield myself the balance of my postponed. other loans;
time. f ‘‘(xvi) the number and percentage of
Madam Speaker, 2020 was a difficult microloans made to new program partici-
year for small businesses. The COVID– MICROLOAN TRANSPARENCY AND pants and the number and percentage of
19 pandemic hit small businesses hard. ACCOUNTABILITY ACT OF 2021 microloans made to previous program par-
This is especially true for small busi- Ms. CRAIG. Madam Speaker, I move ticipants;
nesses that were just starting out. to suspend the rules and pass the bill ‘‘(xvii) the average amount of technical as-
As our country continues to recover, sistance grant monies spent on each loan;
(H.R. 1487) to amend the Small Busi-
the SBA’s programs and resources and’’; and
ness Act to increase transparency, and (7) by adding at the end the following:
must be ready to assist the Nation’s for other purposes. ‘‘(B) PRIVACY.—Each report submitted
job creators along the way. The Clerk read the title of the bill. under subparagraph (A) shall not contain
The microloan program is a key tool The text of the bill is as follows: any personally identifiable information of
for many small business owners. The H.R. 1487 any borrower.’’.
reforms in H.R. 1502 are commonsense Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu-
improvements that will continue to resentatives of the United States of America in ant to the rule, the gentlewoman from
provide assistance and resources to Congress assembled, Minnesota (Ms. CRAIG) and the gen-
America’s Main Street businesses. SECTION 1. SHORT TITLE.
Madam Speaker, I urge and rec- tleman from Missouri (Mr. LUETKE-
This Act may be cited as the ‘‘Microloan
MEYER) each will control 20 minutes.
ommend my colleagues to support H.R. Transparency and Accountability Act of
1502, and I yield back the balance of my 2021’’. The Chair recognizes the gentle-
time. SEC. 2. PORTFOLIO RISK ANALYSIS OF woman from Minnesota.
MICROLOANS. GENERAL LEAVE
b 1430 Section 7(m)(10) of the Small Business Act Ms. CRAIG. Madam Speaker, I ask
Ms. CRAIG. Madam Speaker, I yield (15 U.S.C. 636(m)(10)) is amended— unanimous consent that all Members
myself the balance of my time. (1) by redesignating subparagraphs (A)
may have 5 legislative days in which to
As the small business economy starts through (F) as clauses (i) through (vi), re-
spectively, and adjusting the margins ac- revise and extend their remarks and in-
to recover from the COVID–19 pan- clude extraneous material on the meas-
cordingly;
demic, entrepreneurs will need as many (2) by amending clause (iv), as so redesig- ure under consideration.
affordable capital options as possible. nated, to read as follows: The SPEAKER pro tempore. Is there
That is why the Economic Aid Act in- ‘‘(vi) the number, amount, and percentage objection to the request of the gentle-
cluded PPP updates, grants for hard- of microloans made by intermediaries to woman from Minnesota?
hit venues, and other enhancements to small business concerns— There was no objection.
SBA’s business loan programs, includ- ‘‘(I) that went into default in the previous Ms. CRAIG. Madam Speaker, I yield
ing the microloan program. year; and
myself such time as I may consume.
Today’s bill takes the next step after ‘‘(II) that were charged off in the previous
year by such intermediaries;’’;
Madam Speaker, I rise in support of
that relief effort toward fully modern- the bill before us today, H.R. 1487, the
(3) in clause (vi), as so redesignated, by
izing and optimizing SBA’s microloan Microloan Transparency and Account-
striking ‘‘and’’ at the end;
program. For nearly 30 years, this pro- (4) by redesignating subparagraph (G) as ability Act, which will improve SBA’s
gram has had a strong track record of clause (xviii), and adjusting the margin ac- data reporting with respect to the
success and has helped to launch many cordingly; microloan program.
successful small businesses, especially (5) by striking ‘‘On November 1, 1995,’’ and Specifically, the bill would have SBA
those owned by women and minority all that follows through ‘‘the following:’’ and and microlenders report on the num-
entrepreneurs. The record is full of suc- inserting the following:
‘‘(A) IN GENERAL.—Beginning on February
ber, amount, and percentage of
cess stories as the program has grown microloans that went into default in
from a simple pilot program to a vital 1, 2022, and annually thereafter, the Adminis-
trator shall submit to the Committee on the previous year; the extent to which
lending tool with strong stakeholder microloans are provided to small busi-
Small Business and Entrepreneurship of the
and congressional support. Senate and the Committee on Small Busi- nesses in rural areas; and the average
The legislation before us today re- ness of the House of Representatives, and size, interest rate, and amount of fees
news our commitment to startups by make available to the public on the website charged for each microloan.
easing access to the program for even of the Administration, a report on the effec- These metrics will help Congress and
more aspiring entrepreneurs and mak- tiveness of the microloan program during
the public better evaluate the program
ing the program nimbler for inter- the fiscal year preceding the date of the re-
port. Such report shall include—’’; and its impact on underserved commu-
mediaries and borrowers alike.
Passing this bill will be another step (6) in subparagraph (A), as so designated, nities and make improvements as need-
to help lead our Nation out of this pan- by inserting after clause (vi) the following ed.
demic and build back the economy by new clauses: This program is vital in helping
embracing America’s entrepreneurial
‘‘(vii) the number and type of enforcement women and minorities obtain much-
actions taken by the Administrator against needed capital. In fiscal year 2020, 47
spirit. noncompliant intermediaries;
I applaud the work by Mr. KIM and percent of microloans were made to
‘‘(viii) an analysis of compliance by inter-
Mr. GARBARINO for their bipartisan women-owned small businesses, and
mediaries with the credit availability re-
work on the microloan program. I en- quirements of paragraph (3)(E) for loans in more than 51 percent of microloans
courage all of my colleagues to vote an amount greater than $20,000; were made to minority-owned small
‘‘yes,’’ and I yield back the balance of ‘‘(ix) the extent to which microloans are businesses.
my time. provided to small business concerns in rural This language was approved unani-
The SPEAKER pro tempore. The areas; mously last Congress by both the
question is on the motion offered by ‘‘(x) the number of underserved borrowers, Small Business Committee and the full
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as defined by the Administration, partici- House, and I look forward to a similar
the gentlewoman from Minnesota (Ms.
pating in the microloan program; vote here today.
CRAIG) that the House suspend the ‘‘(xi) the average rate of interest for each
rules and pass the bill, H.R. 1502. The version of the bill from last Con-
microloan;
The question was taken. ‘‘(xii) the average amount of fees charged gress also included a provision that
The SPEAKER pro tempore. In the for each microloan; would increase the amount of technical
opinion of the Chair, two-thirds being ‘‘(xiii) the average size of each microloan, assistance grant funding a rural-serv-
in the affirmative, the ayes have it. including— ing microlender would receive. I am
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