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H. Rept. 118–221: To Enhance the Office of Rural Affairs

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Congressional materials
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Crpt 118Hrpt221
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Crpt 118Hrpt221

Summary

House Report 118-221, submitted September 26, 2023 by the Committee on Small Business in the 118th Congress, to accompany H.R. 5425, a bill to amend the Small Business Act to enhance the Office of Rural Affairs, reported favorably without amendment and together with minority views. It states that the bill would elevate the head of the Office from director to assistant administrator, set qualifications for that post, and require the Office to promote Administration and other federal programs to rural small business concerns. The bill would also require the Office to host webinars and outreach events inviting district offices, resource partners and federal and state agencies, and a report to Congress within 180 days and annually thereafter. The report records introduction on September 13, 2023 and a hearing on July 26, 2023.

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Full text

                                                                                  118TH CONGRESS                                                                                           REPORT
                                                                                                 " HOUSE OF REPRESENTATIVES                                                        !
                                                                                     1st Session                                                                                           118–221




                                                                                  TO AMEND THE SMALL BUSINESS ACT TO ENHANCE THE
                                                                                  OFFICE OF RURAL AFFAIRS, AND FOR OTHER PURPOSES



                                                                                       SEPTEMBER 26, 2023.—Committed to the Committee of the Whole House on the
                                                                                                      State of the Union and ordered to be printed




                                                                                       Mr. WILLIAMS of Texas, from the Committee on Small Business,
                                                                                                         submitted the following


                                                                                                                                  R E P O R T
                                                                                                                                     together with

                                                                                                                               MINORITY VIEWS

                                                                                                                              [To accompany H.R. 5425]

                                                                                    The Committee on Small Business, to whom was referred the bill
                                                                                  (H.R. 5425) to amend the Small Business Act to enhance the Office
                                                                                  of Rural Affairs, and for other purposes, having considered the
                                                                                  same, reports favorably thereon without amendment and rec-
                                                                                  ommends that the bill do pass.
                                                                                                                                         CONTENTS
                                                                                                                                                                                                             Page
                                                                                       I. Purpose and Bill Summary ........................................................................                    2
                                                                                      II. Need for Legislation ....................................................................................            2
                                                                                     III. Hearings .......................................................................................................     2
                                                                                     IV. Committee Consideration ...........................................................................                   2
                                                                                      V. Committee Votes .........................................................................................             2
                                                                                     VI. Section-by-Section of H.R. 5425 .................................................................                     6
                                                                                    VII. Congressional Budget Office Cost Estimate .............................................                               6
                                                                                   VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                                     6
                                                                                     IX. Oversight Findings & Recommendations ..................................................                               7
                                                                                      X. Performance Goals and Objectives ............................................................                         7
                                                                                     XI. Statement of Duplication of Federal Programs ........................................                                 7
                                                                                    XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
                                                                                            Benefits .....................................................................................................     7
                                                                                   XIII. Federal Mandates Statement .....................................................................                      7
                                                                                    XIV. Federal Advisory Committee Statement ...................................................                              7
                                                                                     XV. Applicability to Legislative Branch ...........................................................                       7
                                                                                    XVI. Statement of Constitutional Authority ......................................................                          8
                                                                                   XVII. Changes in Existing Law, Made by the Bill, as Reported .......................                                        8




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                                                                                  XVIII. Minority Views ............................................................................................          11
                                                                                        39–006




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                                                                                                               I. PURPOSE AND BILL SUMMARY
                                                                                     On September 13, 2023, Rep. Golden, along with Representatives
                                                                                  Mann, Pappas, and Tenney, introduced H.R. 5425. The purpose of
                                                                                  H.R. 5425 is to enhance the activities of the SBA Office of Rural
                                                                                  Affairs. This bill seeks to increase the activities of the SBA Office
                                                                                  of Rural Affairs (the Office). Congress authorized the Office in
                                                                                  1990. However, the Office remained largely vacant until the Trump
                                                                                  Administration. This bill would elevate the head of the Office from
                                                                                  ‘‘director’’ to ‘‘assistant administrator.’’ It would require the Office
                                                                                  to promote information to rural small business concerns and re-
                                                                                  quire the Office to host webinars and outreach events for those
                                                                                  businesses. The Office would be required to invite representatives
                                                                                  from SBA District Offices, resource partners, Federal and State
                                                                                  agencies, and other interested parties to participate. An annual ac-
                                                                                  tivity report would be required to be submitted to Congress and be
                                                                                  available online.
                                                                                                                 II. NEED FOR LEGISLATION
                                                                                    The Office of Rural Affairs has been historically underutilized by
                                                                                  the SBA, with its leading position remaining generally vacant.
                                                                                  Rural entrepreneurs face unique challenges such as fewer federal
                                                                                  resources being directed to them. While SBA already performs out-
                                                                                  reach to the small business community, rural entrepreneurs can
                                                                                  often be more difficult to reach in favor of urban or more central-
                                                                                  ized partners. SBA can more effectively reach these entrepreneurs
                                                                                  by dedicating outreach tailored to them.
                                                                                    This bill encourages greater outreach to rural communities. This
                                                                                  is a newly introduced bill. Mr. Golden expressed interest in this
                                                                                  legislation based on a hearing on July 13, 2021, where he discussed
                                                                                  that rural entrepreneurs do not know much about SBA’s services,
                                                                                  such as Small Business Development Centers or SCORE partner-
                                                                                  ship, or believe that their SBA loans aren’t competitive or come
                                                                                  with too many bureaucratic strings attached.
                                                                                                                           III. HEARINGS
                                                                                    In the 118th Congress, the Committee held one hearing exam-
                                                                                  ining the issues covered in H.R. 5425. On July 26, 2023, the Com-
                                                                                  mittee held a hearing titled ‘‘Rural Entrepreneurship: Examining
                                                                                  the Challenges and State of Rural Small Business.’’ Witnesses de-
                                                                                  scribed challenges rural entrepreneurs face including a lack of
                                                                                  awareness of existing resources.
                                                                                                               IV. COMMITTEE CONSIDERATION
                                                                                    The Committee on Small Business met in open session, with a
                                                                                  quorum being present, on September 14, 2023, and ordered H.R.
                                                                                  5425 reported favorably 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-




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                                                                                  tives requires the Committee to list the recorded votes on the mo-
                                                                                  tion to report legislation and amendments thereto. The Committee




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                                                                                  voted to favorably report H.R. 5425 to the House of Representatives
                                                                                  at 11:40 AM.




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                                                                                                        VI. SECTION-BY-SECTION OF H.R. 5425
                                                                                  Section 1—Office of Rural Affairs of the Small Business Adminis-
                                                                                       tration
                                                                                     This section rewrites the existing statute to appoint an Assistant
                                                                                  Administrator as the head of the Office of Rural Affairs. The As-
                                                                                  sistant Administrator shall have education or professional experi-
                                                                                  ence with, or knowledge of, rural affairs and issues facing small
                                                                                  businesses and have experience providing development assistance
                                                                                  to rural small business concerns.
                                                                                     The definition of rural small businesses is changed to rural small
                                                                                  business concerns. The section changes the Office’s responsibilities
                                                                                  to include promoting policies and programs of the Administration
                                                                                  and Federal departments for assisting rural small business con-
                                                                                  cerns. United States Tourism and Travel Administration is up-
                                                                                  dated to the National Travel and Tourism Office of the Department
                                                                                  of Commerce. The Office will be responsible for hosting outreach
                                                                                  events for rural small business concerns.
                                                                                     The outreach shall be through hosting webinars and outreach
                                                                                  events inviting various stakeholders including district offices, re-
                                                                                  source partners, and state and local governments.
                                                                                     A report is due within 180 days on the activities, and annually
                                                                                  thereafter. The report will include the name of the Assistant Ad-
                                                                                  ministrator, the budget of the Office, and the number of full-time
                                                                                  employees of the Office. It will include a summary of outreach ac-
                                                                                  tivities, analysis of gaps in lending programs of the Administration,
                                                                                  and information gathered from webinars and outreach events.
                                                                                     This section defines Assistant Administrator as the head of the
                                                                                  Office, Resource Partners as a Small Business Development Cen-
                                                                                  ter, Women’s Business Centers, SCORE Chapters, and Veterans
                                                                                  Business Outreach Centers. It also defines rural small business
                                                                                  concern as the meaning that is given by the Assistant Adminis-
                                                                                  trator.
                                                                                             VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
                                                                                    Pursuant to clause 3(d)(1) of House rule XIII, the Committee
                                                                                  adopts as its own the cost estimate prepared by the Director of the
                                                                                  Congressional Budget Office pursuant to section 402 of the Con-
                                                                                  gressional Budget Act of 1974. The Committee has requested but
                                                                                  not received from the Director of the Congressional Budget Office
                                                                                  a cost estimate for the Committee’s provisions. Once available, the
                                                                                  cost estimate will be published in the Congressional Record.
                                                                                       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)(I) of the Congressional Budg-
                                                                                  et Act of 1974, the Committee provides the following opinion and
                                                                                  estimate with respect to new budget authority, entitlement author-
                                                                                  ity, and tax expenditures. While the Committee has not received an
                                                                                  estimate of new budget authority contained in the cost estimate
                                                                                  prepared by the Director of the Congressional Budget Office pursu-




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                                                                                  ant to Sec. 402 of the Congressional Budget Act of 1974, the Com-
                                                                                  mittee does not believe that there will be any additional costs at-




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                                                                                  tributable to this legislation. H.R. 5425 does not direct new spend-
                                                                                  ing, but instead reallocates funding independently authorized and
                                                                                  appropriated.
                                                                                                    IX. OVERSIGHT FINDINGS & 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 H.R. 5425
                                                                                  are incorporated into the descriptive portions of this report.
                                                                                                      X. PERFORMANCE GOALS AND OBJECTIVES
                                                                                     With respect to the requirements of clause 3(c)(1) of rule XIII of
                                                                                  the Rules of the House of Representatives, the performance goals
                                                                                  and objectives of H.R. 5425 are to require additional reporting re-
                                                                                  quirements in the annual Congressional Budget Justification that
                                                                                  include appointment to the Interagency Task Force on Veterans
                                                                                  Small Business Development and a plan for outreach to veterans.
                                                                                  The GAO must report on credit availability to veterans, default
                                                                                  rates, Federal lending programs available, gaps in access to capital,
                                                                                  obstacles faced by veterans, impact of deployments, and awareness
                                                                                  of programs available to veterans.
                                                                                           XI. STATEMENT OF 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. 5425 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
                                                                                  pursuant to section 423 of the Unfunded Mandates Reform Act.
                                                                                                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




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                                                                                    The Committee finds that the legislation does not relate to the
                                                                                  terms and conditions of employment or access to public services or




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                                                                                  accommodations within the meaning of section 102(b)(3) of the Con-
                                                                                  gressional Accountability Act.
                                                                                                 XVI. STATEMENT OF CONSTITUTIONAL AUTHORITY
                                                                                     Pursuant to clause 7 of rule XII of the Rules of the House, the
                                                                                  Committee finds that 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, are shown as follows (existing law proposed to be omit-
                                                                                  ted is enclosed in black brackets, new matter is printed in italics,
                                                                                  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 (existing law proposed to be omit-
                                                                                  ted is enclosed in black brackets, new matter is printed in italics,
                                                                                  and existing law in which no change is proposed is shown in
                                                                                  roman):

                                                                                                                 SMALL BUSINESS ACT

                                                                                             *            *           *               *           *         *           *
                                                                                  SEC. 26. OFFICE OF RURAL AFFAIRS.
                                                                                     (a) There is hereby established in the Small Business Adminis-
                                                                                  tration an Office of Rural Affairs (hereafter in this section referred
                                                                                  to as the ‘‘Office’’).
                                                                                     ø(b) The Office shall be headed by a director who shall be ap-
                                                                                  pointed by the Administrator not later than 90 days after the date
                                                                                  of the enactment of this section.¿
                                                                                     (b) APPOINTMENT OF ASSISTANT ADMINISTRATOR.—
                                                                                           (1) IN GENERAL.—The Office shall be administered by an As-
                                                                                        sistant Administrator, who shall be an employee in the competi-
                                                                                        tive service.
                                                                                           (2) QUALIFICATIONS.—The Assistant Administrator shall—
                                                                                                (A) have education or professional experience with, or
                                                                                             knowledge of, rural affairs and issues relating to small
                                                                                             business concerns; and
                                                                                                (B) have experience providing development assistance to
                                                                                             rural small business concerns.
                                                                                     (c) The Office shall—
                                                                                           (1) strive to achieve an equitable distribution of the financial
                                                                                        assistance available from the Administration for øsmall busi-
                                                                                        ness concerns located in rural areas¿ rural small business con-
                                                                                        cerns;
                                                                                           (2) to the extent practicable, compile annual statistics on
                                                                                        rural areas, including statistics concerning the population, pov-




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                                                                                        erty, job creation and retention, unemployment, business fail-
                                                                                        ures, and business startups;




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                                                                                             (3) øprovide information¿ promote to industries, organiza-
                                                                                          tions, and State and local governments øconcerning the assist-
                                                                                          ance available to rural small business concerns through the
                                                                                          Administration and through other Federal departments and
                                                                                          agencies;¿ policies and programs of the Administration and of
                                                                                          other Federal departments and agencies for assisting rural
                                                                                          small business concerns;
                                                                                             (4) provide information to industries, organizations, edu-
                                                                                          cational institutions, and State and local governments con-
                                                                                          cerning programs administered by private organizations, edu-
                                                                                          cational institutions, and Federal, State, and local govern-
                                                                                          ments which improve the economic opportunities of rural
                                                                                          citizensø; and¿;
                                                                                             (5) work with øthe United States Tourism and Travel Ad-
                                                                                          ministration¿ the National Travel and Tourism Office of the
                                                                                          Department of Commerce to assist øsmall businesses in rural
                                                                                          areas¿ rural small business concerns with tourism promotion
                                                                                          and developmentø.¿; and
                                                                                             (6) host webinars and outreach events for rural small busi-
                                                                                          ness concerns as described in subsection (d).
                                                                                       (d) OUTREACH.—The Assistant Administrator shall—
                                                                                             (1) host webinars and outreach events in various regions of
                                                                                          the United States for rural small business concerns; and
                                                                                             (2) invite representatives from district offices of the Adminis-
                                                                                          tration, resource partners, Federal and State agencies, and
                                                                                          other interested persons to participate in such webinars and
                                                                                          outreach events.
                                                                                       (e) REPORT.—
                                                                                             (1) IN GENERAL.—Not later than 180 days after the date of
                                                                                          the enactment of this subsection, and annually thereafter, the
                                                                                          Administrator shall submit to the Committee on Small Busi-
                                                                                          ness of the House of Representatives and the Committee on
                                                                                          Small Business and Entrepreneurship of the Senate, and make
                                                                                          publicly make available on a website of the Administration, a
                                                                                          report on the activities of the Office during the one-year period
                                                                                          immediately preceding the date of submission of the report.
                                                                                             (2) CONTENTS.—Each report required under paragraph (1)
                                                                                          shall include the following:
                                                                                                  (A) The operational details of the Office, including the
                                                                                               name of the Assistant Administrator, the budget of the Of-
                                                                                               fice, and the number of full-time employees employed by or
                                                                                               detailed to the Office.
                                                                                                  (B) A summary of the activities conducted under sub-
                                                                                               section (c).
                                                                                                  (C) The number of webinars and outreach events con-
                                                                                               ducted by the Administration to promote policies and pro-
                                                                                               grams described in paragraphs (3) of subsection (c) and to
                                                                                               provide information described in (4) of such subsection.
                                                                                                  (D) An analysis of gaps in lending programs of the Ad-
                                                                                               ministration in serving the needs of rural small business
                                                                                               concerns.
                                                                                                  (E) Information gathered from any webinars and out-
                                                                                               reach events conducted by the Administration during the




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                                                                                               period covered by the report.
                                                                                       (f) DEFINITIONS.—In this section:




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                                                                                            (1) ASSISTANT ADMINISTRATOR.—The term ‘‘Assistant Admin-
                                                                                         istrator’’ means the Assistant Administrator of the Office of
                                                                                         Rural Affairs appointed under subsection (b).
                                                                                            (2) RESOURCE PARTNERS.—The term ‘‘resource partners’’
                                                                                         means—
                                                                                                 (A) small business development centers;
                                                                                                 (B) women’s business centers (described under section
                                                                                              29);
                                                                                                 (C) chapters of the Service Corps of Retired Executives
                                                                                              (established under section 8(b)(1)(B)); and
                                                                                                 (D) Veteran Business Outreach Centers (described under
                                                                                              section 32).
                                                                                            (3) RURAL SMALL BUSINESS CONCERN.—The term ‘‘rural small
                                                                                         business concern’’ means a small business concern located in a
                                                                                         rural area.
                                                                                             *            *           *               *           *         *           *




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                                                                                                                 XVIII. MINORITY VIEWS
                                                                                                                           BACKGROUND

                                                                                     Small businesses are powerful drivers of economic growth across
                                                                                  the United States, employing 46 percent of the U.S. workforce and
                                                                                  generating two-thirds of new jobs. In rural areas, self-employment
                                                                                  tends to be higher than in urban and suburban areas. However,
                                                                                  rural small businesses face greater challenges, including access to
                                                                                  affordable capital, unreliable internet access, and labor shortages.
                                                                                     The Small Business Administration (SBA) Office of Rural Affairs
                                                                                  (the Office) can play a key role in helping rural small businesses
                                                                                  overcome these challenges. The Office was created in 1990 to pro-
                                                                                  vide information and assistance to rural small businesses. The re-
                                                                                  sponsibilities of the Office include compiling statistics on rural
                                                                                  areas and small business concerns, distributing SBA financial as-
                                                                                  sistance programs equitably, providing information to stakeholders,
                                                                                  and working with the National Travel and Tourism Office to assist
                                                                                  small businesses in rural areas. Unfortunately, the Office has ei-
                                                                                  ther been dormant or the collateral duty of a Regional Adminis-
                                                                                  trator for a vast majority of the time since its establishment.
                                                                                     In the 116th and 117th Congresses, the Committee ensured nu-
                                                                                  merous hearings were held to assess the state of economy in rural
                                                                                  America. On July 13, 2021, Representative Jared Golden (D–ME),
                                                                                  the Chairman of the Subcommittee on Underserved, Agricultural,
                                                                                  and Rural Business Development, held a hearing entitled, the
                                                                                  Rural American Recovery: The Role of Small Businesses and Entre-
                                                                                  preneurship. At that hearing, Mr. Golden said that most of the
                                                                                  rural small businesses owners in his district did not know much
                                                                                  about SBA services, such as the Small Business Development Cen-
                                                                                  ters or SCORE, and he sought feedback from witnesses on how to
                                                                                  strengthen the Office of Rural Affairs in order to support rural
                                                                                  businesses.
                                                                                     Moreover, Committee Democrats discussed concerns with Admin-
                                                                                  istrator Linda McMahon and urged the Administration to stand up
                                                                                  the Office. Committee Democrats were encouraged that the pre-
                                                                                  vious Administration hired additional staff in 2020 through fund-
                                                                                  ing from the CARES Act. The Office of Rural Affairs is also a pri-
                                                                                  ority for the current Administration, and in 2021, the SBA Admin-
                                                                                  istrator appointed a permanent, full-time career deputy director to
                                                                                  stand up the Office and recently named a director to lead the office.
                                                                                     Committee Democrats have long been committed to a fully func-
                                                                                  tioning Office of Rural Affairs. It is important for the Office to ac-
                                                                                  tively help rural small businesses deal with the challenges facing
                                                                                  them today. With clear lines of communication and the additional
                                                                                  outreach that will come from the Office, small businesses will be
                                                                                  able to access resources that should readily be available to them.
                                                                                  Furthermore, the Office will provide a role in being able to receive




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                                                                                  feedback from the small business community that will allow the
                                                                                  Federal Government insight into how to best use resources to sup-
                                                                                  port small businesses.
                                                                                        Sincerely,
                                                                                                                       NYDIA M. VELÁZQUEZ,
                                                                                                                               Ranking Member.

                                                                                                                                      Æ




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