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Save SBA from Sanctuary Cities Act (H. Rept. 119–110)

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Congressional materials
Document type
Crpt 119Hrpt110
Case
Crpt 119Hrpt110

Summary

House Report 119-110, submitted May 21, 2025 by the Committee on Small Business in the 119th Congress, to accompany H.R. 2931, the Save SBA from Sanctuary Cities Act of 2025, reported favorably with an amendment and together with minority views. The bill as amended directs the Administrator of the Small Business Administration to relocate each covered office located in a sanctuary jurisdiction within 120 days of a public determination, and bars establishing covered offices in such jurisdictions. It provides that if an office is not relocated in time, its head must explain in writing within five days, the office ceases operations, and the Administrator must remove the head if no sufficient explanation is given. The report records introduction on April 17, 2025 and a roll call vote of 15 ayes to 11 nos on April 30, 2025, and includes minority views.

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Full text

                                                                                 119TH CONGRESS                                                                                            REPORT
                                                                                                " HOUSE OF REPRESENTATIVES                                                         !
                                                                                    1st Session                                                                                            119–110




                                                                                          SAVE SBA FROM SANCTUARY CITIES ACT OF 2025



                                                                                       MAY 21, 2025.—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. 2931]

                                                                                   The Committee on Small Business, to whom was referred the bill
                                                                                 (H.R. 2931) to direct the Administrator of the Small Business Ad-
                                                                                 ministration to relocate certain offices of the Small Business Ad-
                                                                                 ministration in sanctuary jurisdictions, and for other purposes,
                                                                                 having considered the same, reports favorably thereon with an
                                                                                 amendment and recommends that the bill as amended do pass.
                                                                                                                                         CONTENTS
                                                                                                                                                                                                             Page
                                                                                       I. Purpose and Bill Summary ........................................................................                    3
                                                                                      II. Need for Legislation ....................................................................................            3
                                                                                     III. Hearings .......................................................................................................     3
                                                                                     IV. Committee Consideration ...........................................................................                   3
                                                                                      V. Committee Votes .........................................................................................             4
                                                                                     VI. Section-by-Section of H.R. 2931 .................................................................                     8
                                                                                    VII. Congressional Budget Office Cost Estimate .............................................                               8
                                                                                   VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                                     8
                                                                                     IX. Oversight Findings & Recommendations ..................................................                               9
                                                                                      X. Performance Goals and Objectives ............................................................                         9
                                                                                     XI. Statement of Duplication of Federal Programs ........................................                                 9
                                                                                    XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
                                                                                            Benefits .....................................................................................................     9
                                                                                   XIII. Federal Mandates Statement .....................................................................                      9
                                                                                    XIV. Federal Advisory Committee Statement ...................................................                              9
                                                                                     XV. Applicability to Legislative Branch ...........................................................                       9
                                                                                    XVI. Statement of Constitutional Authority ......................................................                          9




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                                                                                   XVII. Minority Views ............................................................................................          10

                                                                                         59–006




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                                                                                       The amendment is as follows:
                                                                                       Strike all after the enacting clause and insert the following:
                                                                                 SECTION 1. SHORT TITLE.
                                                                                       This Act may be cited as the ‘‘Save SBA from Sanctuary Cities Act of 2025’’.
                                                                                 SEC. 2. RELOCATION OF CERTAIN OFFICES IN SANCTUARY JURISDICTIONS.
                                                                                    (a) IN GENERAL.—The Administrator shall relocate each covered office located in
                                                                                 a sanctuary jurisdiction in accordance with this section.
                                                                                    (b) DETERMINATION REQUIRED.—Subsection (a) shall apply with respect to a cov-
                                                                                 ered office only if, prior to ordering the relocation of such covered office under such
                                                                                 subsection, the Administrator makes a determination that such covered office is lo-
                                                                                 cated in a sanctuary jurisdiction and makes such determination publicly available.
                                                                                    (c) RELOCATION REQUIREMENT.—When relocating a covered office under this sec-
                                                                                 tion, the Administrator shall relocate such covered office to a location that—
                                                                                          (1) is not in a sanctuary jurisdiction; and
                                                                                          (2) if the State in which such covered office is located prior to such relocation
                                                                                       is not a sanctuary jurisdiction, is in such State.
                                                                                    (d) RELOCATION DEADLINE.—
                                                                                          (1) DEADLINE.—Not later 120 days after the Administrator makes publicly
                                                                                       available a determination under subsection (b) with respect to a covered office,
                                                                                       the Administrator shall relocate such covered office in accordance with sub-
                                                                                       section (c).
                                                                                          (2) NONCOMPLIANCE.—
                                                                                               (A) IN GENERAL.—If a covered office described in paragraph (1) is not re-
                                                                                            located in accordance with subsection (c) prior to the expiration of the 120-
                                                                                            day period applicable to such relocation under such paragraph—
                                                                                                    (i) not later 5 days after the expiration of such 120-day period, the
                                                                                                  head of such covered office shall submit to the Administrator a written
                                                                                                  explanation of why such covered office was not relocated prior to expi-
                                                                                                  ration of such 120-day period; and
                                                                                                    (ii) during the period beginning on the day after expiration of such
                                                                                                  120-day period and ending on the date on which such covered office is
                                                                                                  relocated to a location that is not in a sanctuary jurisdiction—
                                                                                                          (I) such covered office shall cease operations; and
                                                                                                          (II) each employee of the Administration whose duty station was
                                                                                                       at such covered office shall be assigned to a duty station at another
                                                                                                       covered office that is located in the same State and not in a sanc-
                                                                                                       tuary jurisdiction or, if no other covered office is located in the
                                                                                                       same State and not in a sanctuary jurisdiction, any other covered
                                                                                                       office that is not located in a sanctuary jurisdiction.
                                                                                               (B) REMOVAL.—The Administrator shall immediately remove the head of
                                                                                            a covered office required to submit a written explanation under subpara-
                                                                                            graph (A)(i) if—
                                                                                                    (i) such head does not submit such a written explanation in accord-
                                                                                                  ance with such subparagraph; or
                                                                                                    (ii) the Administrator determines that the reasons provided in the
                                                                                                  written explanation submitted by such head under such subparagraph
                                                                                                  for the relocation of such covered office not being completed prior to the
                                                                                                  expiration of the 120-day period described in paragraph (1) with respect
                                                                                                  to such covered office are insufficient.
                                                                                    (e) NEW OFFICE LIMITATION.—The Administrator may not establish a covered of-
                                                                                 fice in sanctuary jurisdiction.
                                                                                    (f) DEFINITIONS.—In this section:
                                                                                          (1) ADMINISTRATION.—The term ‘‘Administration’’ means the Small Business
                                                                                       Administration.
                                                                                          (2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of
                                                                                       the Administration.
                                                                                          (3) COVERED OFFICE.—The term ‘‘covered office’’ means a regional, district, or
                                                                                       local office the Administration, other than the headquarters of the Administra-
                                                                                       tion, or any other component of the Administration fully funded by funds appro-
                                                                                       priated by Congress.
                                                                                          (4) SANCTUARY JURISDICTION.—
                                                                                               (A) IN GENERAL.—Except as provided by subparagraph (B), the term




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                                                                                            ‘‘sanctuary jurisdiction’’ means any State or political subdivision of a State
                                                                                            that has in effect a statute, ordinance, policy, or practice that prohibits or
                                                                                            restricts any government entity or official from—




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                                                                                                    (i) sending, receiving, maintaining, or exchanging with any Federal,
                                                                                                 State, or local government entity information regarding the citizenship
                                                                                                 or immigration status (lawful or unlawful) of any individual; or
                                                                                                    (ii) complying with a request lawfully made by the Department of
                                                                                                 Homeland Security under section 236 or 287 of the Immigration and
                                                                                                 Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for,
                                                                                                 or notify about the release of, an individual.
                                                                                               (B) EXCEPTION.—A State or political subdivision of a State shall not be
                                                                                            deemed a sanctuary jurisdiction based solely on its having a policy whereby
                                                                                            its officials will not share information regarding, or comply with a request
                                                                                            made by the Department of Homeland Security under section 236 or 287
                                                                                            of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply
                                                                                            with a detainer regarding, an individual who comes forward as a victim or
                                                                                            a witness to a criminal offense.

                                                                                                               I. PURPOSE AND BILL SUMMARY

                                                                                    On April 17, 2025, Rep. Finstad introduced H.R. 2931, the Save
                                                                                 SBA from Sanctuary Cities Act. H.R. 2931 requires the Small Busi-
                                                                                 ness Administration (SBA) to relocate SBA offices out of sanctuary
                                                                                 jurisdictions and into jurisdictions which do not limit their coopera-
                                                                                 tion with federal agencies charged with immigration enforcement.
                                                                                                                  II. NEED FOR LEGISLATION

                                                                                    Under the Biden-Harris Administration, the United States suf-
                                                                                 fered from a self-inflicted border crisis that welcomed a rise in
                                                                                 sanctuary jurisdictions throughout the country. Sanctuary jurisdic-
                                                                                 tions are jurisdictions throughout the United States that have im-
                                                                                 plemented policies to limit immigration enforcement. The SBA has
                                                                                 offices across the country, some of which are in sanctuary jurisdic-
                                                                                 tions. This bill is necessary to ensure that SBA employees do not
                                                                                 face public safety threats due to the relaxed policies in these cities.
                                                                                    This bill also codifies actions ordered with respect to President
                                                                                 Trump’s Executive Order (EO) 14218 ‘‘Ending Taxpayer Subsidiza-
                                                                                 tion of Open Borders’’ and EO 14287 ‘‘Protecting American Commu-
                                                                                 nities from Criminal Aliens.’’ 1 Additionally, on March 6, 2025, SBA
                                                                                 Administrator Loeffler announced that the SBA would relocate
                                                                                 SBA offices out of sanctuary jurisdictions.2 This bill codifies EO
                                                                                 14287, EO 14218, and Administrator Loeffler’s implementation of
                                                                                 the orders.
                                                                                                                           III. HEARINGS

                                                                                   On February 5, 2025, the Committee on Small Business held a
                                                                                 hearing examining matters related to H.R. 2931 entitled ‘‘Hope on
                                                                                 the Horizon: Prioritizing Small Business Growth in the 119th Con-
                                                                                 gress.’’
                                                                                                               IV. COMMITTEE CONSIDERATION

                                                                                    The Committee on Small Business met in open session, with a
                                                                                 quorum being present, on April 30, 2025, and ordered H.R. 2931,
                                                                                 as amended, to be reported favorably to the House of Representa-
                                                                                 tives by a roll call vote of 15 ayes to 11 nos. During the markup
                                                                                 three amendments were offered.
                                                                                   1 Exec. Order 14,218, 90 Fed. Reg. 10581 (2025); Exec. Order 14,287, 90 Fed. Reg. 18761




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                                                                                 (2025).
                                                                                   2 News Release, U.S. Small Bus. Admin., Administrator Loeffler Announces SBA Reforms to
                                                                                 Put American Citizens First (Mar. 6, 2025), https://www.sba.gov/article/2025/03/06/adminis-
                                                                                 trator-loeffler-announces-sba-reforms-put-american-citizens-first.




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                                                                                                                     V. COMMITTEE VOTES

                                                                                    Clause 3(b) of rule XIII of the Rules of the House of Representa-
                                                                                 tives requires the Committee to list the recorded votes on the mo-
                                                                                 tion to report legislation and amendments thereto. The Committee
                                                                                 voted to favorably report H.R. 2931 as amended, to the House of
                                                                                 Representatives at 6:14 PM.
                                                                                    The Committee considered the following amendments to H.R.
                                                                                 2931:
                                                                                        • Representative Finstad offered an amendment in the na-
                                                                                      ture of a substitute. This amendment was adopted by voice
                                                                                      vote.
                                                                                        • Representative Cisneros offered an amendment to the
                                                                                      amendment in the nature of a substitute. The vote on the
                                                                                      amendment failed 11 ayes to 15 nos.
                                                                                        • Representative Velázquez offered an amendment to the
                                                                                      amendment in the nature of a substitute. The vote on the
                                                                                      amendment failed 11 ayes to 15 nos.




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                                                                                                          VI. SECTION-BY-SECTION OF H.R. 2931

                                                                                 Section 1—Short title
                                                                                   This section states that the Act may be cited as the ‘‘Save SBA
                                                                                 from Sanctuary Cities Act.’’
                                                                                 Section 2—Relocation of certain offices in sanctuary jurisdictions
                                                                                    This section requires SBA to relocate covered SBA offices in
                                                                                 sanctuary jurisdictions per numerous conditions.
                                                                                    Within 120 days after the Administrator makes a public deter-
                                                                                 mination that an SBA office is located in a sanctuary jurisdiction,
                                                                                 the SBA office must be relocated. If a covered SBA office fails to
                                                                                 relocate within the 120-day period, the office shall cease operations
                                                                                 until it is relocated, and SBA employees assigned to such office
                                                                                 shall be reassigned to an office located in a non-sanctuary jurisdic-
                                                                                 tion.
                                                                                    Within five days after the expiration of the 120-day relocation pe-
                                                                                 riod, heads of offices determined to be in sanctuary jurisdictions
                                                                                 must submit a written explanation to the Administrator as to why
                                                                                 such office was not relocated within the 120-day relocation period.
                                                                                 The Administrator is then required to immediately remove heads
                                                                                 of offices if such explanation is not submitted within five days, or
                                                                                 in the case that such explanation is determined to be insufficient.
                                                                                    Additionally, this section prohibits the SBA from establishing a
                                                                                 covered office in a sanctuary jurisdiction and lists definitions for
                                                                                 several terms used throughout the bill, including ‘‘covered office’’
                                                                                 and ‘‘sanctuary jurisdiction.’’
                                                                                               VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                                                   Pursuant to 3(c)(3) of rule XIII of the Rules of the House of Rep-
                                                                                 resentatives, the Committee adopts as its own the cost estimate
                                                                                 prepared by the Director of the Congressional Budget Office pursu-
                                                                                 ant to section 402 of the Congressional 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.
                                                                                           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-
                                                                                 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-
                                                                                 tributable to this legislation. H.R. 2931 does not direct new spend-
                                                                                 ing, but instead reallocates funding independently authorized and




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                                                                                 appropriated.




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                                                                                                    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. 2931
                                                                                 are incorporated into the descriptive portions of this report.
                                                                                                       X. PERFORMANCE GOALS AND OBJECTIVES

                                                                                   With respect to the requirements of clause 3(c)(4) of rule XIII of
                                                                                 the Rules of the House of Representatives, there are no specific
                                                                                 performance goals and objectives of H.R. 2931 applicable.
                                                                                            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. 2931 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

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




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                                                                                                                 XVII. MINORITY VIEWS
                                                                                    On March 6, 2025, SBA Administrator Kelly Loeffler announced
                                                                                 that ‘‘SBA will relocate six of its regional offices currently located
                                                                                 in municipalities that do not comply with U.S. Immigration and
                                                                                 Customs Enforcement (ICE). Over the coming months, the Atlanta,
                                                                                 Boston, Chicago, Denver, New York City, and Seattle regional of-
                                                                                 fices will be moved to less costly, more accessible locations that bet-
                                                                                 ter serve the small business community and comply with federal
                                                                                 immigration law.’’ 1
                                                                                    This announcement came one day after the Chairman of the
                                                                                 House Oversight Committee hauled in the mayors from four of the
                                                                                 six above-mentioned cities to testify about their policies towards
                                                                                 immigrants. In their testimony, the mayors made clear that they
                                                                                 are in full compliance with federal law, and they do not obstruct
                                                                                 ICE from carrying out its responsibilities.2
                                                                                    Twenty-four House Democrats, led by the Ranking Member, sent
                                                                                 a letter to Administrator Loeffler on March 20, 2025 3 raising seri-
                                                                                 ous concerns over the abrupt decision to relocate six SBA regional
                                                                                 offices. At this time, the Administrator has not responded to the
                                                                                 letter nor has she set up a briefing to brief Members, ignoring the
                                                                                 Small Business Committee Members who have direct oversight
                                                                                 over all matters and related to the SBA.
                                                                                    Specifically, the concerns were:
                                                                                        • The move, which punitively targets six major cities with
                                                                                      high concentrations of Democratic residents, is a blatant
                                                                                      weaponization of SBA for political gain;
                                                                                        • This decision will unduly harm millions of small busi-
                                                                                      nesses across the country that have been suffering from the
                                                                                      chaotic, confusing, and unpredictable economic policies of the
                                                                                      Trump Administration;
                                                                                        • The SBA has no clear plans to relocate the offices or pre-
                                                                                      vent any disruption to the small business owners who rely
                                                                                      upon them, and appears not to have followed leading practices
                                                                                      of effective agency reorganizations identified by the Govern-
                                                                                      ment Accountability Office; and
                                                                                        • Congressional and other stakeholders were not consulted
                                                                                      or informed of this decision or any other proposed agency re-
                                                                                      forms.
                                                                                    Committee Democrats offered two amendments to the legislation.
                                                                                 First, Rep. Gil Cisneros (D–CA) offered an amendment that would
                                                                                   1 Press Release, U.S. SMALL BUS. ADMIN., Administrator Loeffler Announces SBA Reforms
                                                                                 to Put American Citizens First (Mar. 6, 2025), https://www.sba.gov/article/2025/03/06/adminis-
                                                                                 trator-loeffler-announces-sba-reforms-put-american-citizens-first.
                                                                                   2 A Hearing with Sanctuary City Mayors: Hearing before the H. COMM. ON OVERSIGHT
                                                                                 AND GOV’T REFORM, 119th Cong. (Mar. 5, 2025).
                                                                                   3 Letter from the H. COMM. ON SMALL BUS. to the U.S. SMALL BUS. ADMIN. (Mar. 20,
                                                                                 2025),      https://democrats-smallbusiness.house.gov/uploadedfiles/letter_to_sba_-regional_office_
                                                                                 relocations_final.pdf.




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                                                                                 prohibit the implementation of the bill if the costs are greater than
                                                                                 zero. Mr. Cisneros made the point that the SBA is not the Depart-
                                                                                 ment of Homeland Security or Immigration and Customs Enforce-
                                                                                 ment (ICE) and should be focused on supporting small businesses,
                                                                                 regardless of party affiliation. The Ranking Member added that the
                                                                                 costs to the taxpayer should be taken into consideration when mak-
                                                                                 ing these decisions. Republicans defeated the amendment.
                                                                                    Mr. McGarvey offered an amendment on behalf of Rep. Nydia
                                                                                 Velazquez (D–NY) because she had to be at a mark-up at the Fi-
                                                                                 nancial Services Committee. The amendment would prohibit the
                                                                                 implementation of the Act until the Administrator submits to the
                                                                                 House and Senate Small Business Committees a report providing
                                                                                 specific information on the relocations. There has been limited
                                                                                 stakeholder involvement in this decision and there appears to be
                                                                                 no plan in place or analysis conducted around the relocation of the
                                                                                 offices. Despite multiple requests for information, SBA has not pro-
                                                                                 vided any details. Republicans defeated the amendment on the
                                                                                 grounds that it would delay the implementation of the process.
                                                                                 Committee Democrats disagree and made clear that unilaterally,
                                                                                 pushing through proposals to relocate long-standing regional offices
                                                                                 without consulting Congress is unacceptable. Disregarding congres-
                                                                                 sional oversight undermines the principles of accountability and
                                                                                 transparency. Republicans opposed the amendment that would
                                                                                 bring transparency to the process.
                                                                                    Committee Democrats opposed the measure because (1) the relo-
                                                                                 cation is a waste of taxpayers’ resources, (2) there has been no in-
                                                                                 formation about the reorganization plan despite repeated requests
                                                                                 to SBA for information, and (3) the Administrator is publicly stat-
                                                                                 ing she is going to relocate the Denver office, but privately she is
                                                                                 asking employees to relocate there.
                                                                                                                          NYDIA M. VELÁZQUEZ,
                                                                                                                                  Ranking Member.

                                                                                                                                  Æ




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