Markup of H.R. 7903, H.R. 8211 and Other Bills (House Small Business Committee hearing, September 16, 2020)
Summary
Transcript of the September 16, 2020 House Small Business Committee markup, Small Business Committee Document Number 116-093, of four lending and contracting bills. H.R. 7903 would establish the Community Advantage Loan Program in the Small Business Act, H.R. 8211 is the 504 Modernization and Small Manufacturer Enhancement Act of 2020, H.R. 8199 is the 504 Credit Risk Management Improvement Act of 2020 and H.R. 8229 is the Parity for HUBZone Appeals Act of 2020. Chairwoman Nydia Velázquez presided from 10:32 a.m., with Steve Chabot as ranking member. The appendix prints the four bills.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Markup of H.R. 7903, H.R. 8211 and Other Bills (House Small Business Committee hearing, September 16, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/markup-of-h-r-7903-h-r-8211-and-other-bills-house-small-business-commi-2f6c3a307e/
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MARKUP OF: H.R. 7903, ‘‘TO AMEND THE SMALL
BUSINESS ACT TO ESTABLISH THE COMMUNITY
ADVANTAGE LOAN PROGRAM’’ H.R. 8211, ‘‘504
MODERNIZATION AND SMALL MANUFACTURER
ENHANCEMENT ACT OF 2020’’ H.R. 8199, ‘‘504
CREDIT RISK MANAGEMENT IMPROVEMENT
ACT OF 2020’’ H.R. 8229, ‘‘PARITY FOR
HUBZONE APPEALS ACT OF 2020’’
HEARING
BEFORE THE
COMMITTEE ON SMALL BUSINESS
UNITED STATES
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTEENTH CONGRESS
SECOND SESSION
HEARING HELD
SEPTEMBER 16, 2020
Small Business Committee Document Number 116–093
Available via the GPO Website: www.govinfo.gov
U.S. GOVERNMENT PUBLISHING OFFICE
44–270 WASHINGTON : 2021
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HOUSE COMMITTEE ON SMALL BUSINESS
NYDIA VELÁZQUEZ, New York, Chairwoman
ABBY FINKENAUER, Iowa
JARED GOLDEN, Maine
ANDY KIM, New Jersey
JASON CROW, Colorado
SHARICE DAVIDS, Kansas
KWEISI MFUME, Maryland
JUDY CHU, California
DWIGHT EVANS, Pennsylvania
BRAD SCHNEIDER, Illinois
ADRIANO ESPAILLAT, New York
ANTONIO DELGADO, New York
CHRISSY HOULAHAN, Pennsylvania
ANGIE CRAIG, Minnesota
STEVE CHABOT, Ohio, Ranking Member
AUMUA AMATA COLEMAN RADEWAGEN, American Samoa, Vice Ranking Member
TROY BALDERSON, Ohio
KEVIN HERN, Oklahoma
JIM HAGEDORN, Minnesota
PETE STAUBER, Minnesota
TIM BURCHETT, Tennessee
ROSS SPANO, Florida
JOHN JOYCE, Pennsylvania
DAN BISHOP, North Carolina
MELISSA JUNG, Majority Staff Director
JUSTIN PELLETIER, Majority Deputy Staff Director and Chief Counsel
KEVIN FITZPATRICK, Staff Director
(II)
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CONTENTS
OPENING STATEMENTS
Page
Hon. Nydia Velázquez ............................................................................................. 1
Hon. Steve Chabot ................................................................................................... 3
APPENDIX
Additional Material for the Record:
H.R. 7903, ‘‘To amend the Small Business Act to establish the Commu-
nity Advantage Loan Program’’ ................................................................... 22
H.R. 8211, ‘‘504 Modernization and Small Manufacturer Enhancement
Act of 2020’’ ................................................................................................... 49
H.R. 8199, ‘‘504 Credit Risk Management Improvement Act of 2020’’ ........ 64
H.R. 8229, ‘‘Parity for HUBZone Appeals Act of 2020’’ ................................. 73
(III)
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MARKUP OF: H.R. 7903, ‘‘TO AMEND THE
SMALL BUSINESS ACT TO ESTABLISH THE
COMMUNITY ADVANTAGE LOAN PROGRAM’’
H.R. 8211, ‘‘504 MODERNIZATION AND SMALL
MANUFACTURER ENHANCEMENT ACT OF
2020’’ H.R. 8199, ‘‘504 CREDIT RISK MANAGE-
MENT IMPROVEMENT ACT OF 2020’’ H.R.
8229, ‘‘PARITY FOR HUBZONE APPEALS ACT
OF 2020’’
WEDNESDAY, SEPTEMBER 16, 2020
HOUSE OF REPRESENTATIVES,
COMMITTEE ON SMALL BUSINESS,
Washington, DC.
The Committee met, pursuant to call, at 10:32 a.m., in Room
2175, Rayburn House Office Building. Hon. Nydia Velázquez
[chairwoman of the Committee] presiding.
Present: Representatives Velázquez, Finkenauer, Golden, Kim,
Crow, Davids, Chu, Mfume, Evans, Schneider, Espaillat, Delgado,
Houlahan, Craig, Chabot, Radewagen, Balderson, Hern, Hagedorn,
Stauber, Burchett, Spano, Joyce, and Bishop.
Chairwoman VELÁZQUEZ. Good morning. With a quorum being
present, I call this morning’s meeting of the Committee on Small
Business to order.
Without objection, the Chair is authorized to declare a recess at
any time.
I would like to begin by noting some important requirements.
During the covered period as designated by the speaker, the Com-
mittee will operate in accordance with H.R. 965 and the subse-
quent guidance from the Rules Committee in a manner that re-
spects the rights of all members to participate. Standing House and
Committee rules and practice will continue to apply during hybrid
proceedings as well.
House regulations require members to be visible through a video
connection throughout the proceeding. Due to the nature of a mark-
up, it is extremely important that members follow this rule to en-
sure a quorum can be established and that members’ votes can be
recorded by the clerk.
As a reminder, members can participate in only one proceeding
at a time, so if you have another Committee proceeding or meeting,
please sign off and rejoin later.
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If a member wishes to offer an amendment that has not been
pre-filed, we will take a brief recess to allow for its uploading,
printing, and distribution, then resume.
We may also recess briefly to address technical issues in the
event a member cannot be recognized to speak or offer an amend-
ment.
Finally, for those members physically present in the Committee
room today, we will also be following the health and safety guid-
ance issued by the attending physician that includes social
distancing and especially the use of masks. I urge members and
staff to wear a mask at all times while in the hearing room, and
I thank you in advance for your commitment to a safe environment
for all.
Welcome to our first hybrid markup. Today, we will be consid-
ering four bipartisan bills. Three of them make important changes
to the lending programs to make it easier for small businesses to
access capital. Another will provide much needed uniformity for the
HUBZone appeals process for protest determinations.
I would like to begin by taking a moment to thank the Ranking
Member and all the members of the Small Business Committee for
their commitment to small firms during this particularly tough
year. The coronavirus pandemic has threatened the very existence
of millions of small businesses all across the country. Members of
this Committee were front and center working tirelessly to help
small businesses survive. I commend each and every one of you for
your leadership during these unprecedented times.
For the past 6 months, our Committee has worked around the
clock to make sure the emergency relief reaches struggling small
businesses. While we continue to press for more aid for those that
are bearing the brunt of this pandemic, we must also focus on
SBA’s core programs and responsibilities. Today’s markup is a con-
tinuation of our work to improve day-to-day operations of the agen-
cy.
Prior to the coronavirus, the Committee held numerous hearings
and roundtables to learn what is working and what needs to be im-
proved at SBA. The bills we are considering today are a product
of that work and a testament to our ability to work together day
in and day out on behalf of small businesses. Following in the long-
standing tradition of the Committee, all of the bills are bipartisan.
I am proud of the work of our Committee and am especially grate-
ful to have Ranking Member Chabot as a pioneer in this process.
With that said, let’s turn to the bills under consideration.
H.R. 7903, to establish the Community Advantage Loan Pro-
gram, introduced by Ms. Chu and cosponsored by Mr. Spano.
H.R. 8211, the ‘‘504 Modernization and Small Manufacturer En-
hancement Act of 2020,’’ introduced by Ms. Craig and cosponsored
by Mr. Chabot.
H.R. 8199, the ‘‘504 Credit Risk Management Improvement Act,’’
introduced by Mr. Bishop and cosponsored by Ms. Craig.
H.R. 8229, the ‘‘Parity for HUBZone Appeals Act of 2020,’’ intro-
duced by Ms. Radewagen and cosponsored by Ms. Houlahan.
I strongly support each of the four bills to be marked up today.
I would now like to recognize our Ranking Member, Mr. Chabot,
for his opening remarks.
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Mr. CHABOT. Thank you, Madam Chairwoman. And thank you
for holding today’s markup.
As always, I appreciate your willingness to work with me and
with our staff in such a bipartisan manner. All four of these bills
are led by members of both parties, which is now the norm in this
Committee. We find common ground, and that makes our Com-
mittee so successful. Thank you for that.
I will be brief in my opening as we will discuss each bill as it
is called up.
Our Committee continues to be of critical importance to this Con-
gress, and most importantly to our country, especially in these
challenging COVID times. Over the past 6 months, our Committee
has been working nonstop on emergency measures to help our na-
tion’s small businesses to literally survive. As we move forward to-
wards recovery, it is more important than ever that the SBA’s core
programs are operating at an optimum level.
Each of the bills before us today improves some aspect of the
SBA programs that small businesses across the country utilize to
help speed up this country’s recovery. I support each of these meas-
ures, and I want to thank all of our members, both Republican and
Democrat alike for their hard work on these bills. Again, I com-
plement you on your bipartisan operation of this Committee, as we
had done when I was Chair, and we have worked together for
many years now. I think it really works for us and this Committee,
and most importantly, for the country.
I thank you, and I yield back.
Chairwoman VELÁZQUEZ. Thank you, Mr. Chabot. The gen-
tleman yields back.
Before we get into the individual bills, are there any members
present who seek recognition for the purpose of making an opening
statement?
Seeing none, we will move to consideration of H.R. 7903, to es-
tablish the Community Advantage Loan Program, introduced by
Ms. Chu and cosponsored by Mr. Spano.
H.R. 7903
The bill codifies the Community Advantage Program known as
‘‘CA,’’ which has been on a pilot status since it was initiated by
SBA in 2011.
I would like to now recognize the gentlewoman from California,
Ms. Chu, the sponsor of the bill for an opening statement.
Ms. CHU. Thank you, Madam Chairwoman. And thank you to
my colleague, Mr. Spano, for his partnership on this important leg-
islation.
The Community Advantage Program was established as a pilot
at SBA nearly 10 years ago with the goal of meeting the credit,
management, and technical assistance needs of small businesses in
underserved markets. The program provides mission granted lend-
ers with access to SBA 7(a) loan guarantees to deliver financing to
the disadvantaged small businesses that too often lack adequate
access to capital that their businesses need to thrive. This is a
proven success that reaches significantly more women and minor-
ity-owned businesses than the traditional 7(a) program. That is
why I introduced this legislation to elevate the Community Advan-
tage Program from a pilot to one of SBA’s core lending programs.
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I want to thank my colleagues on this Committee for their sup-
port and bipartisan input to make this bill stronger by increasing
targeting of underserved businesses and ensuring that small busi-
nesses in disaster areas can qualify for the program.
This is so important, especially as wildfires rage through Cali-
fornia, including in my very own district. We are facing a long and
challenging recovery once we defeat the coronavirus, and Commu-
nity Advantage can play a bit part in ensuring that no small busi-
nesses are left behind.
Thank you, and I yield back.
Chairwoman VELÁZQUEZ. The gentlewoman yields back.
I would like now to recognize the gentleman from Florida, Mr.
Spano, the cosponsor of the bill for an opening statement.
Mr. SPANO. Thank you, Madam Chairwoman and Ranking
Member Chabot for convening the markup today.
I am excited to discuss several important bills and programs that
will continue to assist small businesses from coast to coast.
As a former small business owner myself, one of my main moti-
vations for getting involved in politics was to fight for small busi-
nesses, and I am honored to do that today.
I would also like to thank Representative Judy Chu for working
with me on details to improve the Community Advantage Loan
Program.
The program, which was launched by the SBA a decade ago,
aims to assist small businesses in historically underserved areas.
Through a combination of financial assistance and technical assist-
ance, this program has proven to be a gamechanger for many small
businesses.
In my home state of Florida, there are over 2.5 million small
businesses. However, a remaining challenge for small businesses is
access to capital. Representative Chu and I heard about this during
our Subcommittee on Investigations, Oversight, and Regulations
hearing back in May of 2019 when we discussed the Community
Advantage Loan Program. This program, which provides low inter-
est loans to small businesses, was created by the SBA and con-
tinues today as a pilot program.
H.R. 7903, which I am a proud cosponsor of, brings consistency
and assurances to program participants as it reauthorizes the pro-
gram for 5 more years. H.R. 7903 codifies and strengthens the pro-
gram to better serve businesses. Legislation outlines the mission-
oriented program by defining loan terms and requirements that a
certain amount of loans must be made to small businesses in un-
derserved areas. Additionally, H.R. 7903 outlines important weekly
and annual reporting requirements for the SBA. These reports will
be instrumental as Congress measures the efficiency and the effec-
tiveness of this program moving forward. Now more than ever it
is time to support our small businesses. PPP and the EIDL have
helped small businesses keep their doors open and have saved nu-
merous jobs. H.R. 7903 is another way we can assist these small
businesses in need. My hope is that this bill is a step in the right
direction for small businesses that continue to face challenges find-
ing access to capital as our nation continues to recover.
I urge my colleagues to support this bill, and I yield back.
Chairwoman VELÁZQUEZ. The gentleman yields back.
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Now I recognize the Ranking Member for his statement.
Mr. CHABOT. Thank you, Madam Chair. I will be brief.
As the country continues to deal with COVID-19, the SBA’s exist-
ing toolbox of programs provide capital assistance and resources to
America’s main street small businesses. One of the existing govern-
ment-guarantee lending programs that aims to assist small busi-
nesses in underserved areas across the country is the Community
Advantage Loan Program. It was originally created by the SBA
without congressional involvement and thus, currently operates as
a pilot program that lacks oversight benchmarks and comprehen-
sive reporting requirements.
I would like to thank Representative Judy Chu and Representa-
tive Ross Spano for working hard and in a thorough manner to au-
thorize the Community Advantage Loan Program for 5 years. H.R.
7903 not only delivers certainty, but it comprehensively outlines
the intent of the program. It defines the rules of the program for
lenders and businesses and requires strong reporting requirements
to ensure Congress can prudently measure the program.
H.R. 7903 will ensure this program meets the needs of America’s
small businesses while informing Congress of the program’s per-
formance. Now more than ever, the nation’s smallest firms need fi-
nancial assistance and technical assistance. This program delivers
both. I commend Representative Chu and Representative Spano for
putting forth this legislation, and I want to especially thank Rep-
resentative Spano for his service on this Committee and this Con-
gress. He has very aggressively, very well served as the Ranking
Member of the Investigations, Oversight, and Regulations Sub-
committee. He has done a tremendous job doing that, and we ap-
preciate his service and the things that you have accomplished
here will benefit small businesses for quite some time. Thank you
for doing it in a bipartisan manner as you and Representative Chu
have done while you have worked on this Committee.
I urge my colleagues to support this legislation, and I yield back.
Chairwoman VELÁZQUEZ. Thank you. The gentleman yields
back.
Are there any other members who wish to be recognized for a
statement on H.R. 7903?
Mr. MFUME. Madam Chair?
Chairwoman VELÁZQUEZ. Who seeks recognition?
Mr. MFUME. Mr. Mfume.
Chairwoman VELÁZQUEZ. Mr. Mfume is recognized.
Mr. MFUME. Thank you very much, Madam Chair.
My congratulations to both Ms. Chu and Mr. Spano.
I have a quick question just for clarification.
The bill establishes, I understand, a working group that will ad-
vise the SBA well into the future, and I am just trying to get clar-
ity on the criteria for the working group. I do not know if I missed
that or not, but if either of the sponsors could expand on that, that
would be great.
Chairwoman VELÁZQUEZ. Yes. I would ask the counsel to ex-
plain.
Mr. PELLETIER. Can you describe exactly what you are asking
about the scope of the working group?
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Mr. MFUME. I am trying to figure out what is the criteria to be
a part of or to be included in this working since it is going to be
advising the SBA going forward. It is not to second guess them. I
am just trying to get a sense of how it is to be established.
Mr. PELLETIER. Sure. There are two criteria. Two groups of
folks that can be included. One is geographically diverse represen-
tation of members from among covered institutions participating in
the program. Those are the CA lenders and representatives from
the Office of Capital Access at SBA, the Office of Credit Risk Man-
agement at SBA, and the Office of Economic Opportunity at SBA.
Mr. MFUME. Is there a term to each one of these persons’ serv-
ice on that group?
Mr. PELLETIER. The legislation is silent as to the length of
service.
Mr. MFUME. I beg your pardon?
Mr. PELLETIER. The legislation is silent as to the length of
service.
Mr. MFUME. Okay. Is there a rotation? That is the other point
that I was trying to ask about. Are people rotated on and off peri-
odically, including the fact that they have a length of service? Are
the terms staggered? I am just trying to get a sense. That is all.
Mr. PELLETIER. That is usually taken care of by the working
group themselves. This legislation is silent as to that point exactly.
Mr. MFUME. Okay. All right then. Thank you very much. Thank
you, Madam Chair.
Chairwoman VELÁZQUEZ. Thank you, Mr. Mfume. The gen-
tleman yields back.
I now recognize myself.
Many entrepreneurs, especially those from traditionally
undeserved communities, have struggled to access affordable cap-
ital on reasonable terms. The most recent example of this comes
from the Paycheck Protection Program (PPP), where just 12 per-
cent of Black and Latino business owners who apply for PPP loans
reported receiving the amount they asked for. To fill this gap, a na-
tionwide network of nonprofit mission lenders has stepped up to
help these businesses who have been left behind by traditional
lenders. These lenders include SBA certified development compa-
nies, microlenders, and CDFIs, all of whom are empowered to fur-
ther strengthen their communities using this program. So far, the
CA program has been incredibly successful in meeting its goal of
channeling critically needed capital to underserved markets. Ac-
cording to SBA, this program reaches significantly more women
and minorities than the traditional 7(a) loan program. I have been
critical of the 7(a) program because the portfolio basically shows
that they are making the bigger loans, but loans less than $150,000
are the loans that are applied for by minority businesses and fe-
male business owners. There is this gap that exists under the 7(a).
The 504 is filling that gap and it is clear that in the near decade
since its inception, the CA program has matured into a program
that deserves statutory recognition and status. That is why I am
proud to support today’s bill to codify the CA program under the
Small Business Act.
I want to thank Ms. Chu and Mr. Spano for their leadership on
this issue. I encourage all of my colleagues to vote yes.
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If there is no further discussion, the Committee will move to con-
sideration of H.R. 7903.
The clerk will report the title of the bill.
The CLERK. H.R. 7903, to establish the Community Advantage
Loan Program.
Chairwoman VELÁZQUEZ. Without objection——
Mr. SPANO. Madam Chair?
Chairwoman VELÁZQUEZ. H.R. 79——
Mr. SPANO. Madam Chair, I have not amended it.
Chairwoman VELÁZQUEZ. Yes. I will go through that.
Without objection, H.R. 7903 is considered as read and open for
amendment at any point.
Are there any members who wish to offer an amendment?
Mr. SPANO. Madam Chair, I have an amendment at the desk
and apologize for jumping the gun.
Chairwoman VELÁZQUEZ. The clerk will report the amend-
ment.
The CLERK. Amendment to H.R. 7903——
Chairwoman VELÁZQUEZ. Without objection, the amendment is
considered as read.
The gentleman is recognized for 5 minutes.
Mr. SPANO. Thank you, Madam Chairwoman.
Florida is home to more than 2.5 million small businesses and
3.5 million small business employees. In my district alone there are
12,000 small businesses and over 100,000 small business employ-
ees. For years, I, too, ran my own small business. I know firsthand
the challenges that small business owners face and the grit and de-
termination necessary to overcome them.
One of the unfortunate challenges that many Florida businesses
combat are the unforeseen impacts of hurricanes, and other weath-
er-related disasters. Today, the Gulf Coast region is actually suf-
fering the impact of Hurricane Sally as it moves ashore, and our
prayers are certainly with them today. Natural disasters leave de-
struction in their wake, including the dreams of small business
owners. That is why I am offering the amendment to bring a bit
of certainty to small businesses that find themselves in the middle
of uncertain circumstances recovering from a disaster. My amend-
ment will include designated disaster areas as an underserved area
as it relates to the Community Advantage Loan Program. This
classification would stand throughout the disaster designation and
for a period of 2 years afterward supporting small businesses
throughout the recovery process.
Additionally, the amendment contains a provision that would
help Congress better understand the role of a small business’s cred-
it score within the Community Advantage Loan Program. In March
of this year, the SBA’s Office of Inspector General released a report
outlining a number of issues within the program, including the role
of a small business’s credit score. My amendment, which requires
the SBA to report on the performance of loans based on credit score
ranges provides a clear metric for Congress to use in evaluation of
the program.
I appreciate the opportunity to offer these two provisions in the
amendment that would strengthen and improve the Community
Advantage Loan Program, and I yield back.
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Chairwoman VELÁZQUEZ. Are there any other members who
wish to be recognized for a statement on the amendment?
Mr. CHABOT. Madam Chair?
Chairwoman VELÁZQUEZ. Ranking Member Mr. Chabot.
Mr. CHABOT. Thank you. Move to strike the last word.
I want to thank the gentleman from Florida, Mr. Spano, for offer-
ing this amendment that will strengthen the underlying bill. The
amendment contains two important provisions.
First, it makes sure that small businesses that are impacted by
a natural disaster have a place within this program as they recover
and rebuild.
Second, it follows through on the SBA Inspector General Report
by examining the credit scores of small businesses operating within
the program. These changes will enhance the Community Advan-
tage Loan Program and provide Congress with a clear view of the
program’s performance. I know Representative Spano has worked
diligently on this program, including meeting with me to specifi-
cally discuss next steps. I would like to thank him for his hard
work which will benefit people all over the country but especially
in areas which are subject to natural disasters as parts of Florida
are.
I urge my colleagues to support this amendment, and I yield
back the balance of my time.
Chairwoman VELÁZQUEZ. The gentleman yields back.
Are there any other members who wish to be recognized for a
statement on the amendment?
Let me recognize myself briefly.
I really appreciate Mr. Spano for offering this important amend-
ment which will strengthen this program, reaching into commu-
nities impacted by natural disasters. With the rise in number and
strength of natural disasters all across the country, it is important
that this Committee improves SBA capital access offerings. I sup-
port the amendment, and I encourage all my colleagues to support
it as well.
The question is now on Amendment 1 offered by the gentleman
from Florida, Mr. Spano.
All those in favor say aye.
Those opposed say no.
In the opinion of the Chair the ayes have it and the amendment
is agreed to.
Are there any other members who wish to be recognized for the
purposes of offering an amendment?
Mr. CROW. Madam Chair, I have an amendment.
Chairwoman VELÁZQUEZ. The gentleman, Mr. Crow, has an
amendment at the desk.
The clerk will report the amendment.
The CLERK. Amendment to H.R. 7903 offered by Mr. Crow.
Chairwoman VELÁZQUEZ. Without objection, the amendment is
considered as read.
I recognize the gentleman from Colorado, Mr. Crow, for 5 min-
utes.
Mr. CROW. Madam Chair, thank you for the opportunity to
speak on H.R. 7903.
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Before COVID-19, 83 percent of all entrepreneurs did not have
access to bank loans or venture capital, including SBA loans. Al-
most 65 percent of entrepreneurs relied on personal and family
savings for startup capital. Additionally, although the number of
women and minority-owned businesses is growing, they are less
likely to start their own business due to lack of access to capital,
entrepreneurial training, and networks, the basics of starting a
successful enterprise. Entrepreneurs, particularly those in tradi-
tionally underserved communities, need upfront support to take the
risk of starting a business.
The ongoing pandemic has made these disparities even larger.
The economic hardship brought on by the pandemic continues to
exacerbate previously distressed economies, so creating opportuni-
ties for business growth in a post-COVID-19 economy will be crit-
ical to revitalize the impacted areas. That is why the underlying
bill is so important. It provides an avenue for mission-based lend-
ers who tend to have more relationships and trust in underserved
areas to reach more businesses that are not traditionally eligible
for 7(a) loans.
H.R. 7903 offered by my friend and colleague, Representative
Chu of California, includes a stipulation that lenders operating
under the Community Advantage Program must ensure that at
minimum 60 percent of their loans go to small businesses in tradi-
tionally undeserved markets. These are defined as ‘‘low- to mod-
erate-income community, HUBZone, enterprise community, oppor-
tunity zone, or rural areas.’’
My amendment would increase the 60 percent stipulation to 75
percent, which would ensure that lenders under the Community
Advantage Loan Program focus their outreach more closely on un-
derserved small businesses.
Small businesses in underserved communities are hurting, and I
believe that this bill with my amendment will resonate with mis-
sion-based lenders and make their objective all the more clear.
I urge my colleagues to support my amendment, and I thank the
Chairwoman for the opportunity to speak on its behalf. I yield
back.
Chairwoman VELÁZQUEZ. The gentleman yields back.
Are there any other members who wish to be recognized on Mr.
Crow’s amendment?
Mr. CHABOT. Madam Chair?
Chairwoman VELÁZQUEZ. Ranking Member Chabot.
Mr. CHABOT. Thank you, Madam Chair.
I want to thank Representative Crow for this amendment and
his efforts to improve the Community Advantage Loan Program.
This amendment focuses this program even more on underserved
small businesses. That is a worthy effort. I support it. I support
this amendment and I yield back.
Chairwoman VELÁZQUEZ. Thank you. The gentleman yields
back. Thank you so much, Mr. Chabot.
Again, I will ask all the members to support this important
amendment. It is going to make a large difference for those minor-
ity businesses in underserved communities that are struggling
right now, and I am happy to support it.
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The question is now on Amendment 2 offered by the gentleman
from Colorado, Mr. Crow.
All those in favor say aye.
All those opposed say no.
I am sorry; all those that support the amendment say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and the amendment
is agreed to.
Are there any other members who wish to be recognized for the
purpose of offering an amendment?
Seeing none, the question is now on H.R. 7903 as amended.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair the ayes have it and H.R. 7903 as
amended is agreed to.
The question now occurs on reporting H.R. 7903 as amended to
the House.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair the ayes have it.
H.R. 7903 as amended is reported to the House.
Without objection, Committee staff is authorized to correct punc-
tuation, make other necessary technical corrections and conforming
changes.
Without objection members have 2 business days to file addi-
tional supplemental, dissenting, and minority views.
H.R. 8211
Our second bill today is H.R. 8211, the ‘‘504 Modernization and
Small Manufacturer Enhancement Act of 2020,’’ introduced by Ms.
Craig and cosponsored by Ranking Member Chabot. This bill will
help manufacturing firms access the affordable long-term capital
they need to sustain and expand operations and create jobs.
I will now recognize the gentlewoman from Minnesota, Ms.
Craig, for an opening statement on H.R. 8211.
Ms. CRAIG. Thank you so much, Madam Chairwoman, for yield-
ing.
I am proud to lead H.R. 8211, the ‘‘504 Modernization and Small
Manufacturer Enhancement Act of 2020,’’ and I would like to thank
Ranking Member Chabot, the original cosponsor, for his work on
the bill.
The 504 Loan Program backs long-term loans up to $5.5 million
to support investment in major fixed assets such as land, buildings,
heavy equipment, and machinery. The program is delivered by
local, certified development companies (CDCs), which are private,
nonprofit corporations established to promote economic develop-
ment within their communities. The program promotes economic
development, job creation and retention, and expansion of small
businesses throughout a three-part partnership.
In December of 2019, the Subcommittee on Investigations, Over-
sight, and Regulations heard from CDC leaders about their experi-
ences with the program and improvements needed. Some of the
issues mentioned were the lengthy and complex loan closing proc-
ess, which has caused third-party lenders to walk away from poten-
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tial deals and the occupancy rules governing the program hindering
the financing of projects for multi-story buildings.
H.R. 8211 would make various improvements to the 504 pro-
gram, making it more accessible to small businesses and ultimately
drive economic development and growth. More specifically, the bill
would increase the maximum loan amount to $6.5 million, require
SBA district offices to partner with SBA resource partners to pro-
vide entrepreneurial development assistance, decrease project costs
for small manufacturers, and increase the job creation retention re-
quirements streamlining numerous administrative processes and
would create an express loan program for loans less than $500,000.
In a time of economic process and unemployment, I believe we
need to continue to invest in our small businesses, specifically
small manufacturers, to promote economic development and the
creation and retention of jobs.
Small businesses are the heart of this economy, and with these
improvements, more small businesses will be able to grow and ulti-
mately contribute to the economic landscape of not only their com-
munities but of this country.
I urge my colleagues to support H.R. 8211, and Madam Chair-
woman, I yield back.
Chairwoman VELÁZQUEZ. The gentlewoman yields back.
Now I recognize the cosponsor of the bill, Mr. Chabot for an
opening statement.
Mr. CHABOT. Thank you, Madam Chair.
Many of the SBA’s government guarantee loan programs have a
strong track record of producing results. Included near the top of
this list is the 504 CDC Loan Program. Year in and year out, the
program helps to transform small businesses and their neighbor-
hoods where they operate. This legislation, which I have cospon-
sored along with my democratic colleague, Ms. Craig—and I want
to thank her for her leadership and hard work on this—will further
enhance and modernize the program in order to assist and serve
small businesses across the Nation. Specifically, the bill expands
the public policy goals that will qualify a small business with a 504
Loan Program. The legislation also puts a focus on small manufac-
turers, as Ms. Craig indicated, by increasing their loan amount and
increasing assistance available to them. Additionally, H.R. 8211
streamlines the 504 Loan Program, the closing process, an creates
an express program for loans below a half million dollars. These
changes will enhance and improve the programs for many small
businesses.
I want to thank again Representative Craig for working with me
on these provisions. I fully support this legislation and urge my col-
leagues to do so as well.
I yield back.
Chairwoman VELÁZQUEZ. Mr. Chabot yields back.
Are there any other members who wish to be recognized for a
statement on H.R. 8211?
Seeing none, I would like to recognize myself. I just want to take
this opportunity to thank Ms. Craig and Mr. Chabot for their lead-
ership on this important effort to enhance the ability of small man-
ufacturers to access long-term growth capital through this bill.
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By streamlining the 504 loan closing process, the bill makes pro-
gram compliance easier for CDCs, borrowers, and especially the
third-party lenders who are essential to the 504 loan structure. We
know that closing delays have caused loans to flow through and
businesses to lose out on affordable financing. To that end, Ms.
Craig has put forth a strong proposal to address these issues.
I want to thank my colleagues on this Committee for their con-
tinued support of SBA’s 504 Loan Program, and I encourage all my
colleagues to support the bill.
If there is no further discussion, the Committee will move on to
consideration of H.R. 8211.
The clerk will report the title of the bill.
The CLERK. H.R. 8211, the 504 Modernization——
Chairwoman VELÁZQUEZ. Without objection, H.R. 8211 is con-
sidered as read and open for amendment at any point.
Does anyone wish to offer an amendment?
Ms. CHU. Madam Chair?
Chairwoman VELÁZQUEZ. Who seeks recognition?
The lady from California, Ms. Chu, is recognized.
Ms. CHU. Yes. Thank you, Chairwoman.
I urge my colleagues to support my amendment to H.R. 8211, the
‘‘504 Modernization Act.’’
Chairwoman VELÁZQUEZ. I am sorry, Ms. Chu, can you state
for what purpose are you asking recognition?
Ms. CHU. Yes. I am submitting an amendment to H.R. 8211.
Chairwoman VELÁZQUEZ. The clerk will report the amend-
ment.
The CLERK. Amendment to H.R. 8211 offered by Ms. Chu of
California.
Chairwoman VELÁZQUEZ. Without objection, the amendment is
considered as read.
The gentlewoman is recognized for 5 minutes.
Ms. CHU. Thank you, Chairwoman.
I urge my colleagues to support my amendment to H.R. 8211, the
‘‘504 Modernization and Small Manufacturer Enhancement Act of
2020.’’
This amendment will make 504 financing available to more small
businesses by offering an alternate job retention goal and will per-
manently authorize and expand the 504 refinancing program. This
builds upon my previous legislation, the CREED Act, which in 2015
revived the refinancing program under 504, allowing more small
businesses to lower costs under existing real estate and fixed asset
tax. In December 2019, I chaired a hearing on the 504 program in
the Subcommittee on Investigations, Oversight, and Regulations. I
commend my colleagues for introducing this bill to address many
of the concerns that small business owners raised during that hear-
ing.
I look forward to supporting this underlying bill and urge sup-
port for my amendment.
Chairwoman VELÁZQUEZ. The gentlelady yields back.
Are there any other members who wish to be recognized for a
statement on the amendment?
Mr. Chabot?
Mr. CHABOT. Thank you, Madam Chair. I will be brief.
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I want to thank Representative Chu for working to make adjust-
ments and improvements in this program. The program has made
a real difference in communities and the changes that we are en-
tertaining today, including Ms. Chu’s amendment, will further add
to the program’s mission.
I support the amendment, and I yield back.
Chairwoman VELÁZQUEZ. The gentleman yields back.
Are there any other members who wish to be recognized on this
amendment?
Okay. Seeing none, I recognize myself briefly.
I thank the gentlelady from California for offering this amend-
ment, and I appreciate her commitment to affordable loan refi-
nancing.
In a world where small business loans are growing more and
more predatory, Congress should be finding ways to enhance the
ability of small businesses to refinance debt on reasonable terms
through the 504 program. Ms. Chu’s amendment is a step in that
direction, and I am happy to support her amendment.
The question is now on Amendment 1 offered by the gentlelady
from California, Ms. Chu.
All those in favor say aye.
Those opposed, no.
In the opinion of the Chair, the ayes have it and the amendment
is agreed to.
Are there any other members who wish to be recognized for the
purposes of offering an amendment?
I believe the gentleman from Ohio is seeking recognition.
Mr. CHABOT. Thank you. Yes, thank you.
I want to briefly thank the Chairwoman for her efforts with this
markup, this bill, and also this amendment. Once again——
Chairwoman VELÁZQUEZ. You are seeking recognition. You
have an amendment.
The clerk will report the amendment.
The CLERK. Amendment to H.R. 8211 offered by Mr.
Chabot——
Chairwoman VELÁZQUEZ. Without objection, the amendment is
considered as read.
The Ranking Member is recognized for 5 minutes.
Mr. CHABOT. Thank you, Madam Chair. I was thanking you for
your amendment and working on something else here. We appre-
ciate the cooperation.
This amendment is straightforward. It increases the flexibility of
small businesses to operate within the 504 CDC Loan Program.
If a small business cannot meet the job retention or job creation
requirements within the 504 program, they are still eligible for the
program if they meet a public policy goal. This amendment ex-
pands the list of public policy goals to also include expanding a
small business that has 10 employees or fewer. These small busi-
nesses are often in need of the most support, both when it comes
to resources and financial assistance.
I introduced a bill this past summer that focuses on small busi-
nesses with 10 employees or less in the context of COVID-19. This
amendment is similar and will assist the smallest of small busi-
nesses that hope to utilize the 504 CDC Loan Program. These
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small businesses are truly the ‘‘mom and pop’’ shops down on main
street. They support millions of jobs and transform neighborhoods.
Now is the time to ensure that they have as much assistance as
possible.
I urge my colleagues to support the amendment and yield back.
Chairwoman VELÁZQUEZ. The gentleman yields back.
Are there any other members who wish to be recognized on the
amendment?
Seeing none, I will recognize myself in support of the gentleman’s
amendment.
I really appreciate the Ranking Member’s commitment to small
businesses. Especially at this moment through this pandemic,
COVID-19, we have learned how those smaller of the small busi-
nesses have been left behind when it comes to access to PPP and
even EIDL, the Economic Injury Disaster Loan, and this is why
this amendment is so important.
Mr. Chabot’s amendment is a common-sense proposal that will
improve the bill under consideration and strengthen the 504 pro-
gram’s ability to reach America’s microbusinesses.
I encourage all my colleagues to vote yes.
The question is now on Amendment 2 offered by the Ranking
Member, Mr. Chabot.
All those in favor say aye.
Those opposed, no.
In the opinion of the Chair, the ayes have it and the amendment
is agreed to.
I would like to recognize myself for the purpose of offering an
amendment.
I have an amendment at the desk, and the clerk, please report
the amendment.
The CLERK. Amendment to H.R. 8211 offered by Chair
Velázquez.
Chairwoman VELÁZQUEZ. Without objection, the amendment is
considered as read.
I recognize myself for 5 minutes.
This amendment seeks to expand the pool of buildings that may
be purchased by small business owners with a 504 loan. Current
occupancy requirements for financing projects to purchase an exist-
ing building requires business owners to occupy 51 percent of the
building and allows them to lease out up to 49 percent. This has
created challenges for CDCs in trying to qualify a two-story build-
ing for 504 financing. Industry stakeholders have advocated that a
change to 50-50 will greatly simplify the process for purchasing
two-story buildings. Although a change to 50-50 would ease the
process for purchasing two-story buildings with a 504 loan, multi-
story buildings would still be ineligible for 504 financing.
In my district in Brooklyn, the majority of buildings are not two
stories. They tend to be four and five-story walkups, typically with
a small business occupying the first floor. Under current rules, that
small business owner will be required to occupy multiple stories of
the buildings if they thought to purchase it with a 504 loan. For
many small firms that is simply unobtainable, making the 504 pro-
gram obsolete for them.
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Earlier in the Congress, our Committee held a hearing on the
504 program, and we heard from a CDC in the Boston area who
said that in the 30 years of being in business, they have only done
53 loans in the city of Boston. That is because so few buildings
there and in densely populated cities across the country cannot
meet SBA’s occupancy requirements. This is a clear gap in the cov-
erage of the 504 program, and this amendment helps fill it.
The bottom line here is that we should be making it easier, not
harder, for small businesses to access affordably priced capital on
reasonable terms. That is the entire point of the SBA loan pro-
grams.
I believe this amendment accomplishes exactly that for small
business owners seeking to expand by purchasing the building they
currently occupy regardless of whether they are in an urban or
rural area.
I urge members to support my amendment.
At this point, are there any other members who wish to be recog-
nized for a statement on the amendment?
Mr. CHABOT. Madam Chair?
Chairwoman VELÁZQUEZ. I recognize the Ranking Member.
Mr. CHABOT. Thank you, Madam Chair. I will be brief.
I want to thank the Chairwoman for offering this amendment
which improves the bill. This and the other changes that we are
making will assist numerous small businesses, both in her district,
my district, and districts all over the country to have a better
chance of surviving, operating well, thriving, and creating more
jobs.
Thank you for the amendment. I intend to support it. I would
urge my colleagues to support it and I yield back.
Chairwoman VELÁZQUEZ. Thank you. The gentleman yields
back.
The question is now on Amendment 3 offered by myself.
All those in favor say aye.
Those opposed, no.
In the opinion of the Chair, the ayes have it and the amendment
is agreed to.
Are there any other members who wish to be recognized for the
purpose of offering an amendment?
Seeing none, the question is now on H.R. 8211 as amended.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 8211 as
amended is agreed to.
The question now occurs on reporting H.R. 8211 as amended to
the House.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it.
H.R. 8211, as amended, is reported to the House.
Without objection, Committee staff is authorized to correct punc-
tuation, make other necessary technical corrections and conforming
changes.
Without objection, members have 2 business days to file addi-
tional supplemental, dissenting, and minority views.
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H.R. 8199
The next bill under consideration today is H.R. 8199, the ‘‘504
Credit Risk Management Improvement Act’’ introduced by Mr.
Bishop and cosponsored by Ms. Craig. The bill clarifies the over-
sight rule of SBA’s Office of Credit Risk Management with respect
to the CDCs who deliver the 504 Loan Program.
I would now like to recognize Mr. Bishop, the sponsor of the bill,
for an opening statement.
Mr. BISHOP. Thank you, Madam Chairwoman, and Ranking
Member Chabot for holding this critical markup. Thank you also
for the opportunity to lead the ‘‘504 Credit Risk Management Im-
provement Act of 2020’’ in cooperation with Representative Craig
and to address it in this hearing.
As our nation grapples with COVID-19, it is important for Con-
gress and this Committee to consider policy proposals that bolster
the tools available to small businesses. With approximately $5 bil-
lion on lending in fiscal year 2019, the SBA’s 504 CDC Loan Pro-
gram is a very important economic development program in oper-
ation and a crucial tool for small business.
The program with its job creation and job retention requirements
has been transformative for neighborhoods and communities from
North Carolina to Ohio to Texas. With a focus on long-term and
fixed-rate financing, it is often a lending tool that is suited for
growing and expanding small businesses that do not fit traditional
and conventional funding models.
In the 9th Congressional District of North Carolina, the district
I represent, we have over 13,000 small businesses. This represents
over 100,000 small business workers. These small businesses and
their employees play an outsized role in our local and state econ-
omy. When these small businesses are growing, expanding, and
creating jobs, our entire economy flourishes.
That is why it is instrumental for this Committee to continue its
focus on access to capital. I want to thank Representative Craig for
working in a bipartisan manner with me to strengthen the 504
CDC Loan Program.
The ‘‘504 Credit Risk Management Improvement Act of 2020’’
contains numerous provisions that will ensure the program re-
mains available to small businesses that truly need the SBA’s as-
sistance. The legislation puts a focus on the SBA’s oversight capa-
bilities when it comes to the 504 CDC Loan Program. By outlining
the responsibilities of the Office of Credit Risk Management and
detailing the file review and enforcement authorities at the SBA,
H.R. 8199 will further protect American taxpayer dollars.
Beyond oversight, the legislation also requires the SBA to outline
clear rules for CDCs and small businesses to follow when it comes
to environmental obligations. Too often we hear of roadblocks that
prohibit small businesses from expanding and creating jobs. The
nation’s small businesses, startups, and entrepreneurs are nimble
and quick. When they know the rules of the road, they will adapt
and deliver for customers.
Unfortunately, ambiguous rules get in the way of progress. This
legislation will help remove one of those barriers and provide clear
guidance. Because of the fee structure of the 504 CDC loan pro-
gram, this program has operated on zero cost to the American tax-
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payer. Provisions in my bill will help continue this trend moving
forward.
Small businesses need our help, and I am confident this common-
sense proposal will help thousands of small business owners and
their employees.
I want to again thank Representative Craig for working on this
legislation and thank the Committee for considering it. I urge my
colleagues to vote yes on this bill.
Thank you, Madam Chairman. I yield back.
Chairwoman VELÁZQUEZ. Thank you. The gentleman yields
back.
Now I recognize the gentlewoman from Minnesota, Ms. Craig,
the cosponsor of the bill, for an opening statement.
Ms. CRAIG. Thank you so much, Madam Chairwoman, for yield-
ing.
I first want to say thank you to Representative Bishop for lead-
ing this bill and his work on it. I am proud to be the lead cosponsor
for the ‘‘504 Credit Risk Management Improvement Act of 2020.’’
This bipartisan legislation would make necessary updates to clar-
ify the Office of Credit Risk Management’s role in administering
the 504 Loan Program and direct the SBA to issue rules for compli-
ance with the National Environmental Policy Act of 1969. This will
would provide clarity asked for by CDC leaders and guarantee that
the 504 program can continue to provide assistance while con-
serving small business’s working capital.
As I have said before, small businesses are the heart of our econ-
omy. We must continue to improve our programs to best serve
these businesses to ensure economic development and investment
in rural economies.
Thank you so much, again, Representative Bishop and Madam
Chairwoman. I yield back.
Chairwoman VELÁZQUEZ. The gentlelady yields back.
Are there any other members who wish to be recognized for a
statement on H.R. 8199?
Mr. Chabot?
Mr. CHABOT. Thank you, Madam Chair.
As a way to strengthen the popular 504 CDC Loan Program,
Representatives Bishop and Craig have worked in a bipartisan
manner to craft H.R. 8199. This legislation bolsters oversight and
requires clear and concise rules for CDCs and small businesses.
With any government guarantee loan program, oversight is para-
mount. H.R. 8199 outlines the rules and duties of the Office of
Credit Risk Management as it oversees the 504 Loan Program at
the SBA.
Additionally, this legislation requires the SBA to clearly outline
how certain loans must be treated under the National Environ-
mental Policy Act. Small businesses and certified development com-
panies require comprehensive information in order to make daily
business decisions.
I would like to thank Representative Bishop and Representative
Craig again for working in a bipartisan manner to put the nation’s
small businesses first when it comes to the 504 Loan Program.
I fully support the legislation and urge my colleagues to support
it. I yield back.
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Chairwoman VELÁZQUEZ. The gentleman yields back.
Are there any other members who wish to be recognized?
If not, I will speak on this bill.
It is an important bill, and I want to thank both Mr. Bishop and
Ms. Craig for your leadership.
To optimize oversight of the 504 program and all the capital ac-
cess programs at SBA, SBA established the Office of Credit Risk
Management (OCRM) within the Office of Capital Access. OCRM
conducts reviews of lenders to ensure that they are complying with
program requirements. In 2018, Congress passed bipartisan legisla-
tion to codify the office and gave it the tools needed to conduct
proper oversight and hold noncompliant lenders accountable. It was
Congress’s intent that by boosting OCRM and enhancing its en-
forcement powers, the office will minimize the likelihood that the
capital access programs, including the 504 program will face a posi-
tive subsidy.
Therefore, I am pleased Mr. Bishop has introduced this impor-
tant piece of legislation that clarifies OCRM’s oversight role and
enhances its enforcement powers by shifting loan closing file review
responsibilities to OCRM.
I urge my colleagues to support this legislation.
If there is no further discussion, the Committee will move to con-
sideration of H.R. 8199.
The clerk will report the title of the bill.
The CLERK. H.R. 8199, the 504 Credit Risk——
Chairwoman VELÁZQUEZ. Without objection, H.R. 8199 is con-
sidered as read and open for amendment at any point.
Are there any other members who wish to be recognized for the
purposes of offering an amendment?
Seeing none, the question is now on H.R. 8199.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it.
H.R. 8199 is agreed to.
The question now occurs on reporting H.R. 8199 to the House.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 8199 is
reported to the House.
Without objection, Committee staff is authorized to correct punc-
tuation and make other necessary technical corrections and con-
forming changes.
Without objection, members have 2 business days to file addi-
tional supplemental, dissenting, and minority views.
H.R. 8229
The final bill up for consideration today is H.R. 8229, the ‘‘Parity
for HUBZone Appeals Act of 2020,’’ introduced by Mrs. Radewagen
and cosponsored by Ms. Houlahan, which ensures the HUBZone
program has the same appeal processes for protest determinations
of the service-disabled, veteran-owned, and the women-owned small
business programs.
I will now recognize the gentlelady from American Samoa, Ms.
Radewagen, the author of the bill, for an opening statement on
H.R. 8229.
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Ms. RADEWAGEN. Thank you, Madam Chairwoman.
I would like to thank my colleague, Ms. Houlahan, for collabo-
rating with me on this important legislation.
The SBA’s various small business contracting programs support
different types of entrepreneurs from women and service-disabled
veterans to minorities and the economically disadvantaged.
By providing these businesses with special federal contracting,
whether a business holds a specific status is critical to determine
whether that company is eligible to compete for these special con-
tract opportunities. Not only does the business have a vested inter-
est in obtaining and maintaining its status, but the federal Govern-
ment also has an interest in making sure these special contracts
are not awarded to fraudulent firms. If a company is suspected to
be ineligible for a status it claims to hold, an interested party can
protest the firm’s status.
For historically underutilized business zones, or HUBZone small
businesses, the initial protest decision is made by the HUBZone
program director, and if the small business disagrees with the deci-
sion, the small business may appeal the protest decision to the as-
sociate administrator of the Office of Government Contracting and
Business Development (AAGCBD).
This differs significantly from the appeals process utilized by the
SBA’s other federal contracting programs. Currently, most of the
SBA’s federal contracting programs authorize the SBA’s Office of
Hearings and Appeals (OHA) to hear the appeal. Unlike the
AAGCBD who directly oversees all the SBA’s federal contracting
program offices, including the HUBZone program, OHA is an inde-
pendent office of the SBA. Leaving the appeal decision to the
AAGCBD raises questions of conflict of interest, whereas housing
that process at OHA will ensure the decision remains separate and
independent from any influence.
Additionally, requiring the AAGCBD to hear these appeals places
the responsibility on the office to have a thorough understanding
of the nuances of SBA’s HUBZone eligibility and size requirements,
procurement law, and have the time and resources to assess the
facts of the appellants’ case in a thorough and impartial manner.
The primary role of the AAGCBD is to oversee all of the SBA’s
federal contracting programs. This duty takes precedence over ad-
judicating HUBZone appeals. In contrast, OHA administrative
judges are primarily tasked with similar appeals, and thus, are
well versed at making these decisions objectively and impartially.
Thus, passage of the bill means that small businesses will have a
greater chance of having a fair and knowledgeable assessment.
Finally, the AAGCBD’s appeals decisions are currently named in
a vacuum. There is no visibility into reasons why a decision was
reached. In contrast, all of OHA’s decisions are published online
and easily searchable. These opinions are critical for small busi-
nesses to obtain a greater understanding of the rules surrounding
the eligibility. Therefore, shifting the responsibility to hear
HUBZone appeals to OHA will provide the public with much need-
ed guidance and transparency.
In sum, H.R. 8229 will bring greater parity, fairness, and trans-
parency between SBA’s HUBZone program and its other federal
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programs. I urge my colleagues to support this common-sense legis-
lation, and I yield back.
Chairwoman VELÁZQUEZ. The gentlelady yields back.
I appreciate her work on this issue. Thank you so much for your
commitment on behalf of small businesses.
Are there any other members who wish to be recognized for a
statement on H.R. 8229?
I now want to recognize the Ranking Member.
Mr. CHABOT. Thank you, Madam Chairwoman.
I would like to thank the gentlelady from American Samoa, Ms.
Radewagen, and the gentlelady from Pennsylvania, Ms. Houlahan,
for their leadership on this legislation. Ms. Radewagen is joining us
all the way from American Samoa where I believe it is something
like 4 o’clock in the morning. It just goes to show how she and
other members of this Committee are willing to work very hard
and at very unusual hours of the day and night to help our nation’s
small businesses.
As we heard from our colleagues, the current appeals process for
the HUBZone program raises many red flags, including questions
of conflict of interest, lack of transparency and responsibility, and
on and on. The AAGCBD plays a key role within the leadership
structure of the SBA, and we need to ensure that this official is
equipped to successfully supervise all of the SBA’s various federal
contracting programs.
Relieving this official of the duty of hearing HUBZone appeals
will help to do that. Furthermore, the SBA’s Office of Hearings and
Appeals is a fully functioning, independent organization
unbeholden to any of the SBA’s federal contracting offices, and
OHA administrative judges are trained to hear exactly these types
of matters. By moving HUBZone appeals from the AAGCBD’s pur-
view to OHA through the passage of this bill, HUBZone small busi-
nesses will be able to receive impartial, fair, and knowledgeable
treatment of their case. H.R. 8229 makes a necessary and long
overdue correction in the way HUBZone appeals are approached.
I urge my colleagues to support this commonsense legislation,
and I yield back.
Chairwoman VELÁZQUEZ. The gentleman yields back.
Are there any other members who wish to be recognized on this
legislation?
Okay. I would like to recognize myself briefly.
SBA’s Office of Hearings and Appeals provides independent
quasi-judicial reviews of certain SBA program decisions. While
OHA hears appeals for protest determinations concerning the sta-
tus of a small business as a service-disabled, veteran-owned small
business or a woman-owned small business, unfortunately, it does
not do the same for the HUBZone program. By requiring SBA to
issue regulations granting OHA jurisdiction over these appeals,
H.R. 8229 advances our efforts in this Committee towards uni-
formity among SBA’s contracting programs. More importantly, it
capitalizes on OHA’s expertise and promotes efficiency. Finally, be-
cause OHA opinions are published, this bill will encourage trans-
parency and consistency in judgments.
I commend Ms. Radewagen and Ms. Houlahan for working to-
gether on this legislation, and I urge colleagues to support the bill.
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If there is no further discussion, the Committee will move on to
consideration of H.R. 8229.
The clerk will report the title of the bill.
The CLERK. H.R. 8229——
Chairwoman VELÁZQUEZ. Without objection, H.R. 8229 is con-
sidered as read and open for amendment at any point.
Does anyone wish to offer an amendment?
Seeing none, the question is now on H.R. 8229.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 8229 is
agreed to.
The question now occurs on reporting H.R. 8229 to the House.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it.
H.R. 8229 is reported to the House.
Without objection, Committee staff is authorized to correct punc-
tuation, make other necessary technical corrections and conforming
changes.
Without objection, members have 2 business days to file addi-
tional supplemental, dissenting, and minority views.
I thank all the members for their participation today.
If there is no further business to come before the Committee, we
are adjourned. Thank you.
[Whereupon, at 11:40 a.m., the committee was adjourned.]
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APPENDIX
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Æ
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File and source
- File
- CHRG-116hhrg44270.pdf
- Size
- 2,720,636 bytes
- SHA-256
- 416644632f15e69499bed9461a2ccceec3b6e4d385cc6d860067d9c70c2d1733
- Our copy
- CHRG-116hhrg44270.pdf
- Original
- www.govinfo.gov