[House Hearing, 116 Congress]
[From the U.S. Government Publishing Office]
MARK-UP OF LEGISLATION TO AMEND THE SMALL BUSINESS ACT AND THE SMALL
BUSINESS INVESTMENT ACT
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HEARING
BEFORE THE
COMMITTEE ON SMALL BUSINESS
UNITED STATES
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTEENTH CONGRESS
FIRST SESSION
__________
HEARING HELD
MAY 1, 2019
__________
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Small Business Committee Document Number 116-017
Available via the GPO Website: www.govinfo.gov
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HOUSE COMMITTEE ON SMALL BUSINESS
NYDIA VELAZQUEZ, New York, Chairwoman
ABBY FINKENAUER, Iowa
JARED GOLDEN, Maine
ANDY KIM, New Jersey
JASON CROW, Colorado
SHARICE DAVIDS, Kansas
JUDY CHU, California
MARC VEASEY, Texas
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
TRENT KELLY, Mississippi
TROY BALDERSON, Ohio
KEVIN HERN, Oklahoma
JIM HAGEDORN, Minnesota
PETE STAUBER, Minnesota
TIM BURCHETT, Tennessee
ROSS SPANO, Florida
JOHN JOYCE, Pennsylvania
Adam Minehardt, Majority Staff Director
Melissa Jung, Majority Deputy Staff Director and Chief Counsel
Kevin Fitzpatrick, Staff Director
C O N T E N T S
OPENING STATEMENTS
Page
Hon. Nydia Velazquez............................................. 1
Hon. Steve Chabot................................................ 3
APPENDIX
Additional Material for the Record:
H.R. 277, ``Access to Sufficient Capital for Everyone in
Natural Disaster Areas Act of 2019''....................... 21
H.R. 2142, ``To Amend the Small Business Act to Require the
Small Business and Agriculture Regulatory Enforcement
Ombudsman to Create a Centralized Website for Compliance
Guides, and for other purposes''........................... 23
H.R. 1649, ``Small Business Development Center Cyber Training
Act of 2019''.............................................. 25
H.R. 1648, ``Small Business Advanced Cybersecurity
Enhancements Act of 2019''................................. 28
H.R. 2331, ``SBA Cyber Awareness Act of 2019''............... 40
H.R. 2345, ``Clarifying the Small Business Runway Extension
Act of 2019''.............................................. 45
Amendment to H.R. 2345....................................... 49
.............................................................
MARKUP OF H.R. 277, ``ACCESS TO SUFFICIENT CAPITAL FOR EVERYONE IN
NATURAL DISASTER AREAS ACT OF 2019''; H.R. 2142, ``TO AMEND THE SMALL
BUSINESS ACT TO REQUIRE THE SMALL BUSINESS AND AGRICULTURE REGULATORY
ENFORCEMENT OMBUDSMAN TO CREATE A CENTRALIZED WEBSITE FOR COMPLIANCE
GUIDES, AND FOR OTHER PURPOSES''; H.R. 1649, ``SMALL BUSINESS
DEVELOPMENT CENTER CYBER TRAINING ACT OF 2019''; H.R. 1648, ``SMALL
BUSINESS ADVANCED CYBERSECURITY ENHANCEMENTS ACT OF 2019''; H.R. 2331,
``SBA CYBER AWARENESS ACT OF 2019''; H.R. 2345, ``CLARIFYING THE SMALL
BUSINESS RUNWAY EXTENSION ACT OF 2019''
----------
WEDNESDAY, MAY 1, 2019
House of Representatives,
Committee on Small Business,
Washington, DC.
The committee met, pursuant to call, at 11:33 a.m., in Room
2360, Rayburn House Office Building. Hon. Nydia M. Velazquez
[chairwoman of the Committee] presiding.
Present: Representatives Velazquez, Finkenauer, Golden,
Kim, Crow, Davids, Evans, Schneider, Espaillat, Delgado,
Houlahan, Craig, Chabot, Radewagen, Kelly, Balderson, Hern,
Hagedorn, Stauber, Burchett, Spano and Joyce.
Chairwoman VELAZQUEZ. Good morning. The Committee will
please come to order. A quorum being present, and I am pleased
to call this morning's meeting of the Committee on Small
Business to order.
In our first legislative markup of the 116th Congress we
will be addressing reforms to assist America's 30 million small
businesses continue to be engines of economic growth. These
small firms employ nearly 50 percent of all private sector
employees in the U.S., making it imperative to the American
economy that they succeed. That is why recent surveys showing
small business optimism slipping is incredibly concerning. The
most recent one released on Monday found that economic outlooks
have fallen by 7 percentage points since last fall. Such news
merits our attention because small businesses are central to
our mission.
Being the only Committee dedicated solely to the needs of
small firms, we remain committed on working to promote policies
that will encourage economic prosperity on Main Street.
I believe today's markup does just that by addressing
timely issues facing small businesses across the country--from
strengthening our communities after natural disasters to
guarding small businesses against cyber threats and ensuring
that growing firms can continue to do business with the Federal
Government.
Access to capital is essential for small business success
and this is particularly true after a natural disaster. No
matter the scope or the cost of a disaster, the first few weeks
are critical to a small firm's recovery.
The first bill today recognizes how critical it is to get
money into a victim's hands to ensure they have every
opportunity to rebuild their lives. By permanently increasing
the threshold for collateral and disaster loans exceeding
$25,000, more victims can readily access funds without fear and
SBA can disburse disaster loans quickly to maximize small
business survival post-disaster.
The second bill we will discuss today also touches on an
important issue for all small employers--transparency of
compliance assistance resources. Small businesses do not always
have the resources to navigate multiple agencies' websites to
understand their responsibilities under new laws. Instead, they
are worried about meeting payroll, hiring talented workers, and
running the day-to-day operations of their small firms. This
bill provides a centralized location to make it easier for
business owners to find agency regulatory compliance guides and
contract information.
Another area where we can serve our Nation's small firms is
in cybersecurity. America's entrepreneurs have always been
vital to technological growth and advancement, but they have
also been vulnerable to cyberattacks and data breaches. Three
pieces of legislation we are marking up today address this very
issue and will make valuable strides to establish a variety of
tools to help businesses keep themselves safe from hackers and
guarantee their data is secure when they interact with the SBA
and their resource partners.
A final issue of concern is the implementation of the Small
Business Runway Extension Act, which passed into law in
December. The purpose of that law was to make it easier for
small Federal contractors to transition to an open marketplace.
Unfortunately, the law's implementation has been delayed,
leaving much uncertainty for small firms.
A bill before us today clearly and unequivocally states
Congress's intention regarding the Runway Extension Act. It
also provides a temporary transition period to ease current
ambiguity during implementation of the law. Each of these
pieces of legislation are critical to making it easier for
employers to do what they do best--operate their businesses,
create jobs, and invest in local communities.
As a result of numerous meetings with our constituents and
several hearings on these issues, the Committee today is
considering six pieces of legislation.
H.R. 277, the ``Access to Sufficient Capital for Everyone
in Natural Disasters Area Act of 2019,'' introduced by myself
and cosponsored by Ranking Member Chabot.
H.R. 2142, a bill to ease regulatory compliance for small
businesses, introduced by Mr. Delgado and cosponsored by Dr.
Joyce.
H.R. 1649, the ``Small Business Development Center Cyber
Training Act of 2019,'' introduced by Ranking Member Chabot and
cosponsored by Mr. Evans.
H.R. 1648, the ``Small Business Advanced Cybersecurity
Enhancement Act of 2019,'' introduced by Ranking Member Chabot
and Cosponsored by myself.
H.R. 2331, the ``SBA Cyber Awareness Act of 2019,''
introduced by Mr. Crow and cosponsored by Mr. Balderson.
And H.R. 2345, the ``Clarifying the Small Business Runway
Extension Act 2019,'' introduced by Mr. Stauber and cosponsored
by Mr. Golden.
As we have done many times in the past, the bills before us
today are brought before us in a bipartisan fashion. Both the
Ranking Member and I support each of the six bills to be marked
up today.
However, before we get into the substance of the bills, I
want to thank the Ranking Member and his staff for working in a
bipartisan way on this package. I would also like to thank all
of our Members, both Republican and Democrat, for their hard
working and continued bipartisan commitment to putting small
businesses first.
In the interest of time, I would now like to recognize our
Ranking Member, Mr. Chabot, for his opening statement.
Mr. CHABOT. Thank you very much, Madam Chairwoman. And good
morning. And we thank the Chairwoman for holding this
bipartisan markup. It is truly refreshing with everything else
that is going on in Congress and the administration to come to
this Committee and actually work together in producing
legislation that will have a positive effect on America's small
businesses and the economy overall. And I just happened to have
come from the Judiciary Committee, and we were discussing, of
course, the Attorney General coming there to testify tomorrow
on a less bipartisan topic, and I would just say it is a less
collegial environment in there this morning. So it really is a
breath of fresh air to come to this Committee.
The American economy continues to be on a roll. Just last
Friday, the Commerce Department announced that the GDP growth
for the previous quarter was 3.2 percent, which exceeded
expectations. The stock market has hit record high after record
high, helping more Americans build wealth and secure their
futures. Last Congress we passed the most comprehensive tax
overhaul in a generation and unburdened the American economy
with the repeal of unnecessary and onerous regulations. Those
actions, among others, have created an economy that has seen
unemployment levels at or near record lows, small business
optimism among the highest that we have ever seen, and wages
growing faster than they have in a decade. And I would note
that unemployment among African Americans, Hispanic Americans,
Asian Americans is literally at record all-time lows.
But we are not here to be complacent and simply watch from
the sidelines. We are here today to consider legislation we
believe in a bipartisan manner that will help propel our
economy to ever-higher heights. Our Committee has continued its
work on important subjects like increasing access to capital
for small firms, expanding government contracting opportunities
for small businesses, and ensuring that small entities can be
safe and secure in cyberspace in the new gig economy.
That is what these bills today address, and I will talk a
little more about each as they come up. But as has been our
Committee's custom over the last several years, each of these
bills are bipartisan and they all have my support. And I want
to thank the Chairwoman for proposing them along with Members
of this Committee on both sides.
Again, I thank the Chairwoman for holding this markup and
yield back.
Chairwoman VELAZQUEZ. Thank you very much. The gentleman
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 on to our first bill, H.R. 277,
the ``Access to Sufficient Capital for Everyone in Natural
Disaster Areas Act of 2019,'' also called the ASCEND Act,
introduced by myself and the Ranking Member, Mr. Chabot of
Ohio.
H.R. 277
The SBA's Disaster Assistance Program was implemented for
the purpose of providing timely financial assistance in the
form of low-interest loans and working capital for businesses
and homeowners devastated by a disaster. Continual improvement
and modernization of the program has been a priority of this
Committee for many years. And as we continue to experience
increased disasters, both in frequency and strength, it is
imperative Congress provides the necessary policies to get
communities back on their feet. One of those policies
originated in my bill, H.R. 208, the ``Recovery Improvements
for Small Entities after Disaster Act of 2015,'' the RISE Act.
That law raised the collateralization threshold on disaster
loans to make it easier for victims to obtain capital to
rebuild their home and businesses. Unfortunately, that
provision was set to expire last year until a 1-year extension
was enacted. My bill, H.R. 277, will permanently raise the
minimum disaster loan amount that the SBA may require
collateral from $14,000 to $25,000. Raising the unsecured loan
amount will provide support for Americans when they need it
most. This means that a disaster victim can continue to receive
a $25,000 loan--rather than just $14,000--within 5 days of
closing to speed up the reconstruction project. And for small
businesses, time and again, we have seen that in the aftermath
of a disaster, access to affordable and accessible credit can
make the difference between remaining in business or closing
their doors and putting Americans out of work. It is a common
sense move and one supported by the Small Business
Administration.
In a report assessing the SBA Disaster Loan Program, the
SBA recommended that an increase in the unsecured loan limit
for disaster loans should be made permanent. The agency, again,
stated as much in a congressional testimony at a hearing held
last September in this Committee, and in its fiscal year 2020
budget legislative proposals. Without this legislation, the
unsecured loan limit for agency declarations will revert to the
lower limits and create an unfair discrepancy for disaster
survivors in areas of an SBA declaration and that of a major
disaster declaration. Permanency guarantees that disaster funds
will apply equally to disaster victims no matter the
declaration type.
I thank Ranking Member Chabot for cosponsoring this
legislation which allows more borrowers to access loans without
having to put up collateral.
I would now like to recognize the Ranking Member for his
statement.
Mr. CHABOT. Thank you, Madam Chair, for working in a
bipartisan fashion in introducing H.R. 277.
When natural disasters strike the country, the SBA offers
individuals and businesses low interest and fixed rate loans to
recover and rebuild. The SBA is tasked to work in an organized
and efficient manner to disburse loans to qualified disaster
victims. In order to accomplish this, the SBA immediately
extends an initial loan amount to disaster victims. For all
declared disasters, including major declarations and SBA agency
declarations, all disaster loans carry an immediate unsecured
loan. The limit is $25,000. Unfortunately, the unsecured
disaster loan limit for physical damage loans under an SBA
agency declaration will decrease to $14,000 before the end of
the year unless we act, and that is what we are doing.
The SBA has studied these levels and has requested that
Congress make the $25,000 limit permanent. To ensure continuity
for disaster victims when they need it most, H.R. 277 codifies
and makes permanent that amount, the $25,000 unsecured loan
limit.
I fully support this common sense legislation and urge my
colleagues to vote for it. And I yield back.
Chairwoman VELAZQUEZ. The gentleman yields back.
Are there any other Members who wish to be recognized for a
statement on H.R. 277?
Okay, seeing none, I recognize myself briefly.
There is little doubt that natural disasters not only harm
the victims, but reflect our Nation's ability to provide
assistance. This legislation is a much-needed response to the
record-breaking disasters, and an effective preparation tool
for the upcoming hurricane season. Again, I thank the Ranking
Member for his support and I urge my colleagues to support the
bill.
If there is no further discussion, the Committee will move
to consideration of H.R. 277.
The clerk will report the title of the bill.
The CLERK. H.R. 277, the Access to Sufficient----
Chairwoman VELAZQUEZ. Without objection, H.R. 277 is
considered 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. 277.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it.
H.R. 277 is agreed to.
The question now occurs on reporting H.R. 277 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. 277 is reported to the House.
Without objection, the Committee staff is authorized to
correct punctuation and make other necessary technical
corrections and conforming changes.
Without objection, Members shall also be entitled to 2 days
to file additional supplemental, dissenting, and minority
views.
H.R. 2142
The next bill is H.R. 2142, a bill to ease regulatory
compliance for small businesses. It was introduced by Mr.
Delgado of New York and cosponsored by Dr. Joyce of
Pennsylvania. This bipartisan legislation will help provide
transparency and clarity for small businesses.
I would like to recognize the gentleman from New York, Mr.
Delgado, the sponsor of the bill for an opening statement on
H.R. 2142.
Mr. DELGADO. Thank you, Madam Chairwoman. I truly
appreciate your leadership.
I am very proud to see the Small Business Committee take up
this bipartisan, common sense legislation that my friend and
colleague, Dr. Joyce and I introduced to reduce the regulatory
burden for small businesses.
Under the Small Business Regulatory Enforcement Fairness
Act, Federal agencies are required to publish small business
compliance guides for certain regulations. However, these
guides are housed on different agency websites, making it
difficult for small businesses to find and utilize them and
hard for Congress to oversee. Our bill would make these guides
more accessible by creating a centralized one stop shop online
for small business owners who often lack the resources to hire
staff to focus on compliance issues. The bill would also list
contact information for the appropriate agency staff who could
provide regulatory assistance to small businesses.
My main goal on this Committee is to ensure that small
businesses across my district have the tools and resources they
need to grow. I am excited to see this bill go through the
Committee process and hope to see it passed.
Thanks again, Dr. Joyce, for your leadership.
Madam Chairwoman, I yield back.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back,
and I thank him for his leadership on this issue.
Are there any other Members who wish to be recognized for a
statement on H.R. 2142?
The gentleman from Pennsylvania, Dr. Joyce is recognized
for 5 minutes.
Mr. JOYCE. Thank you, Madam Chairwoman.
I seek recognition to ask my colleagues' support for H.R.
2142.
Before I speak on the bill, I want to thank the gentleman
from New York, Mr. Delgado, for working with me on this
important issue in a bipartisan way. I look forward to continue
to working with you in this manner in future endeavors.
When you are a small business owner, few things are as
valuable as your time, and too much of it is often spent
navigating the complex world of Federal compliance. As a small
business owner myself, I can personally attest to the daunting
feeling associated with new regulations. Navigating this
bureaucracy at the Federal Government can be incredibly
intimidating, and many small businesses fall out of compliance
largely because they did not know where to turn for assistance.
H.R. 2142, as Mr. Delgado pointed out, is a common sense,
good government and transparency bill. It would require the
small business and agricultural regulatory enforcement
ombudsman to create a public website to provide the compliance
guidelines required by section 212 of the Small Business
Regulatory Enforcement Fairness ACT (SBREFA).
Any time an agency is required to produce a final
regulatory flexibility analysis on a role, the agency is also
required by section 212 of SBREFA to publish one or more
guidelines to assist small entities in complying with this
role.
Madam Chair, these reports are often compiled by the
ombudsman and are available to small firms who request them.
However, making them publicly available on a centralized
website is this common sense way to ease the regulatory burden
on small firms as it makes it much easier for them to know
where to go when they need this information.
Finally, our bill makes another common sense change by
requiring the ombudsman to publish on the website the contact
information for a person who can offer assistance to small
entities with respect to the roles and the guides refer to
them.
Since joining the Small Business Committee, I have been
surprised to learn how many resources are available but
underutilized because businesses are simply unaware that they
exist or unsure how to access them. This legislation takes an
important step towards breaking down the barriers between the
administration and the small businesses by simply making
available information and making it much more accessible.
I again thank my colleague, Mr. Delgado, for bringing this
issue to my attention, and the Chairwoman for allowing the
Small Business Committee to shine a much needed light to the
complex world of Federal compliance for small business. I am
incredibly proud to be a member of this Committee and of its
commitment to advancing bipartisan fashion solutions which can
make a real difference on day-to-day operations of small
businesses across the United States.
I simply ask each of my colleagues to support this measure
and yield back the balance of my time.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
Are there any other members who wish to be recognized?
Mr. Burchett?
Mr. BURCHETT. Yes, ma'am.
Chairwoman VELAZQUEZ. You are recognized for 5 minutes.
Mr. BURCHETT. Thank you, Chairlady. I do not think this
will take 5 minutes.
I am not sure of the parliamentary situation we are in. I
just had a question about some wording and I have seen it in
several other pieces of legislation and maybe one of the
attorneys could further confuse me on the facts.
But at the end, I noticed this in the last and the other
bills, it says ``The Small Business Regulatory Enforcement
Fairness Act of 1996 for the year covered by such annual
report.''
Does this mean that this is retroactive or does it go, does
it mean the year that was stated in the report, which would be
the current year going forward? Does that make sense? And I
apologize for not getting with you all sooner.
Chairwoman VELAZQUEZ. The counsel? Yes.
COUNSEL. I understand that it would be moving forward,
going forward.
Mr. BURCHETT. I cannot hear her.
Chairwoman VELAZQUEZ. It is not retroactive. It is going
forward.
Mr. BURCHETT. Thank you so much. And I apologize.
Chairwoman VELAZQUEZ. The gentleman yields back.
I now recognize myself briefly.
The legislation requires the SBA's Office of the National
Ombudsman to create a centralized website with hyperlinks to
small entity compliance guides and contacts at Federal agencies
who could provide small businesses with compliance assistance.
We know that small business owners do not necessarily have the
resources and time to navigate multiple websites to fully
understand their responsibilities with Federal laws. This bill
will make it easier, not harder, to comply with Federal
regulations by providing them a one stop shop for compliance
assistance.
I commend Representative Delgado and Dr. Joyce for working
together in a bipartisan manner to help cut the red tape for
small businesses, and I urge my colleagues to support the
measure.
The gentleman, Mr. Chabot, the Ranking Member, will be
recognized for 5 minutes.
Mr. CHABOT. Thank you, Madam Chair. I will not take 5
minutes. I will be very brief.
I just want to also commend Mr. Delgado and Mr. Joyce, Dr.
Joyce, for working together to put forward some legislation
which I really do believe will make it easier for small
businesses to comply with Federal regulations. So I just want
to commend both sides for working together in their first term.
Well done. Thank you.
I yield back.
Chairwoman VELAZQUEZ. Thank you. And the gentleman yields
back.
If there is no further discussion, the Committee now moves
to consideration of H.R. 2142.
The clerk will report the title of the bill.
The CLERK. H.R. 2142, to amend the Small Business Act----
Chairwoman VELAZQUEZ. Without objection, H.R. 2142 is
considered 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. 2142.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 2142
is agreed to.
The question now occurs on reporting H.R. 2142 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. 2142 is reported to the House.
Without objection, the Committee staff is authorized to
correct punctuation and make other necessary technical
corrections and conforming changes.
Without objection, members shall also be entitled to 2 days
to file additional supplemental, dissenting, and minority
views.
H.R. 1649
The next bill is H.R. 1649, the ``Small Business
Development Center Cyber Training Act of 2019,'' which was
introduced by the Ranking Member, Mr. Chabot of Ohio, and
cosponsored by Mr. Evans of Pennsylvania. This piece of
legislation helps small business development centers (SBDCs)
become better equipped to assist small businesses with their
cybersecurity needs.
I now recognize the Ranking Member for his statement on
H.R. 1649.
Mr. CHABOT. Thank you, Madam Chair.
Information technology is a necessity for small businesses
because it equips them with the tools they need to be
competitive in the global economy. Unfortunately, small
businesses are becoming increasingly popular targets for cyber
criminals. The average cost of an attack on a small business is
over $30,000, which can destroy a small business, and we had
hearings in the last Congress and we had evidence of that from
small business folks that this has actually happened to. And
the figure that we had seen was like 60 percent of small
businesses that had undergone one of these attacks actually end
up going out of business. So it can be devastating. And then
those people who work for that small business lose their jobs.
That is an example of why Chairwoman Velazquez, Mr. Evans,
and I introduced H.R. 1649, the ``Small Business Development
Center Cyber Training Act of 2019.'' I would also like to thank
Mr. Balderson for his early co-sponsorship of this legislation
as well. This bipartisan legislation establishes a cyber
counseling certification program in lead SBDCs to better assist
small businesses with planning and implementing cybersecurity
measures to defend against cyberattacks. The cyber assistance
offered by trained staff at SBDCs would be provided at no or
low cost to small businesses. Cyber planning assistance will
encourage small businesses to take a more proactive approach to
defending themselves from cyberattacks by leveraging the
expertise from SBDCs and their partner agencies and
institutions. This bill utilizes existing Federal resources to
cover the reimbursement costs so we are not adding additional
costs to a budget that is already stressed with over $20
trillion that we all owe.
We recognize cyber threats are ever-evolving and we will
continue to work with industry to ensure that appropriate
staffing needs are met. I urge my colleagues to support the
measure. I again want to thank Mr. Evans especially for his
leadership on this over the years. Mr. Balderson as well. And
the Ranking Member as well. And I yield back.
Chairwoman VELAZQUEZ. The gentleman yields back. Thank you.
Are there any other members who wish to be recognized for a
statement on H.R. 1649?
The gentleman from Pennsylvania is now recognized for 5
minutes, Mr. Evans.
Mr. EVANS. Chairwoman Velazquez, and Ranking Member Chabot,
and colleagues on the Small Business Committee, I speak now to
offer my support for H.R. 1649, the Small Business Development
Center Cyber Training Act. I am proud to co-lead this
bipartisan piece of legislation with my colleague, Chairwoman
Velazquez, and the Ranking Member Chabot.
Today, we have the opportunity to present real pieces of
legislation that have the potential to help small businesses.
As you know, I consider small businesses to be the foundation
of our communities. They are the engines that drive innovation,
investment, and economic development. They are the pillars that
prop up our communities.
In my home state, the Commonwealth of Pennsylvania, we have
nearly 1 million small businesses employing 2.5 million workers
accounting for 46.7 of the workforce for the entire state.
Small firms account for 99.6 percent of my state employers.
Across the U.S., there are nearly 30 million small
businesses supporting almost 59 million jobs. Small firms
account for approximately 99.9 percent of U.S. businesses.
Needless to say, small businesses are the drivers in our
community, often filling space in neighborhoods that large
companies fail to reach. At the same time, our society has been
and still is going through a technological revolution. Yet, as
technology makes things easier, it is also open to
vulnerabilities. The same tools that are making our lives
better, like on-demand services, digital wallets, and social
networks, are also making our information easier to access for
both good and bad actors.
In the past decade, we have seen time and time again those
bad actors engage in cyberattacks, stealing information from
businesses and government agencies. In 2014, it was discovered
that the U.S. Government's own Office of Personnel Management
was hacked, resulting in the theft of over 20 million records.
In 2013, criminals broke into the Target database stealing the
financial information of millions of customers. As one of the
largest U.S. retail chains, Target eventually reported that
some 40 million credit and debit numbers were stolen.
Breaches have also been reported at Home Depot, JPMorgan
Chase, and SONY. These breaches can have a devastating impact
on businesses. Sales may decline and shoppers turn elsewhere.
According to the Congressional Research Service, Target
reported that its U.S. sales for that quarter decreased 2.5
percent and it was immediately following the announcement of
the data breach. Now, as major entities like Target, Home
Depot, and the U.S. Government struggle with the challenges of
cybersecurity, what chances do our small businesses have? The
Small Business Development Center Cyber Training was written to
migrate small businesses' cybersecurity risk by providing
training and resources for small businesses to better equip
themselves against cyberattacks. This bill instructs the Small
Business Administration to provide cyber counseling for local
small businesses by first certifying SBA employees at Small
Business Development Centers who will then provide assistance
to small businesses for planning cybersecurity practices and
strategies to respond to cyberattacks.
I appreciate having the opportunity to co-lead this
important piece of legislation. It is critical that we help our
small businesses, the backbone of our Nation's economy, and
ensure that they are given the training they need to secure
their data.
Thank you, Madam Chair. And I yield back the balance of my
time.
Chairwoman VELAZQUEZ. The gentleman yields back.
I now recognize myself briefly.
America's entrepreneurs have always been vital to
technological growth and advancement, but they have also been
vulnerable to cyberattacks and data breaches. Because of the
complexity and costs associated with identifying, monitoring,
and sharing information with appropriate agencies, only 31
percent of small firms have cybersecurity plans in place.
Perhaps this is related to a mere 14 percent of small
businesses having a plan in place for keeping their companies
cyber secure. Cybersecurity is top priority for the small
business community and this Committee has taken that duty
seriously by presenting three bills focusing on improving
cybersecurity training, protection, and awareness for small
businesses.
The first of those bills today, H.R. 1649, directs the SBA
to implement a cybersecurity certification program to ensure
counselors in the SBA's network of small business development
centers are equipped to educate firms and help develop cyber
strategies. Cyber-crime is one of the greatest risks to every
business in the world. This legislation ensures that our
Nation's most vulnerable businesses are prepared to combat this
eminent threat.
I would like to thank Ranking Member Chabot and Vice
Chairman Evans for working together on this important
legislation, and I urge my colleagues to support the bill.
If there is no further discussion, the Committee will move
on to consideration of H.R. 1649.
The clerk will report the title of the bill.
The CLERK. H.R. 1649, the Small Business Development
Center----
Chairwoman VELAZQUEZ. Without objection, H.R. 1649 is
considered 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. 1649.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 1649
is agreed to.
The question now occurs on reporting H.R. 1649 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. 1649 is reported to the House.
Without objection, the Committee staff is authorized to
correct punctuation and make other necessary technical
corrections and conforming changes.
Without objection, members shall also be entitled to 2 days
to file additional supplemental, dissenting, and minority
views.
H.R. 1648
The next bill is H.R. 1648, the ``Small Business Advanced
Cybersecurity Enhancements Act of 2019,'' which was introduced
by the Ranking Member, Mr. Chabot of Ohio, and cosponsored by
myself. This bill aims to increase the defensive measures
available for small businesses affected by or concerned by
cyberattacks.
I will now recognize the Ranking Member for his statement
on H.R. 1648.
Mr. CHABOT. I thank the gentlelady.
H.R. 1648, the ``Small Business Advanced Cybersecurity
Enhancements Act of 2019'' builds on the reforms of the bill
just reported, H.R. 1648. This bipartisan legislation
introduced by myself and Chairwoman Velazquez and cosponsored
by Mr. Balderson, aims to increase the defensive measures
available for small businesses undergoing or concerned about a
cyberattack. It would incentivize additional information
sharing between the private sector and the Federal Government.
We have heard from small business owners, cybersecurity
experts, and government officials, and there is no question
that improving cybersecurity for America's small businesses
should be an urgent priority for most small firms.
Over the past few years, the Federal Government has stepped
up its efforts to both prevent and mitigate cyberattacks by
coordinating and distributing cybersecurity resources directly
to small businesses. This is a good thing, but we must increase
information sharing between the Federal Government and small
businesses to ensure that they have every resource possible to
combat cyber threats. That means we must give small businesses
the confidence they need to engage with the Federal agencies
tasked with protecting them.
Our bipartisan legislation seeks to safeguard small
businesses from cyberattacks in a few simple ways. First, the
bill establishes SBDCs as the primary liaison for small
businesses that share cybersecurity information with the
Federal Government. This bill also ensures that small
businesses that engage with SBDCs receive the same protections
and exemptions provided by the Cybersecurity Information
Sharing ACT (CISA). Further, this bill would ensure that any
policies or rulemaking adopted by any Federal agency as a
result of Federal information sharing does not unfairly burden
small businesses. It would also expand liability protections
for small businesses that engage with the Federal Government in
good faith. Ultimately, this legislation removes the barriers
many small business owners face when confronted with a cyber
threat, encouraging them to work with the Federal Government
and not fear it.
I urge my colleagues to support the bill and yield back.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
And I thank him for his continued leadership on this very
important issue.
Are there any other members who wish to be recognized for a
statement on H.R. 1648?
Seeing none, I will recognize myself for a brief comment.
H.R. 1648 recognizes that the Federal Government and U.S.
businesses must work together to effectively fight cybercrime.
Proactive collaboration and information sharing are essential
to combatting the rapidly evolving cyber threats that plague
our country. However, many small businesses lack the
information needed to develop adequate cybersecurity strategies
and are reluctant to report cyber threat indicators to the
Federal Government. The Small Business Advanced Cybersecurity
Enhancement Act of 2019 will encourage good faith collaboration
between small businesses and the Federal Government by
providing additional resources and protections for small
businesses. Specifically, the bill establishes small business
cybersecurity assistance units to connect small businesses to
the Federal Government's cybersecurity resources and receive
cyber threat indicators from small businesses. This bill
protects small businesses by ensuring that the SBA Office of
Advocacy has a seat at the table when policies are being
implemented because of the information sharing.
H.R. 1648 also provides liability protections for small
businesses that engage in information sharing. Tackling
sophisticated cyber threats requires a joint effort and
legislation will implement a coordinated and proactive approach
to protecting our country from cybercrime.
I am a proud cosponsor of the Ranking Member's bill, and I
urge my colleagues on both sides of the aisle to support it.
If there is no further discussion, the Committee will move
on to consideration of H.R. 1648.
The clerk will report the title of the bill.
The CLERK. H.R. 1648, the ``Small Business Advanced
Cybersecurity Enhancements Act.''
Chairwoman VELAZQUEZ. Without objection, H.R. 1648 is
considered 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. 1648.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 1648
is agreed to.
The question now occurs on reporting H.R. 1648 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. 1648 is reported to the House.
Without objection, the Committee staff is authorized to
correct punctuation and make other necessary technical
corrections and conforming changes.
Without objection, members shall also be entitled to 2 days
to file additional supplemental, dissenting, and minority
views.
H.R. 2331
The next and third cyber bill is H.R. 2331, the ``SBA Cyber
Awareness Act of 2019,'' which was introduced by Mr. Crow from
Colorado and cosponsored by Mr. Balderson from Ohio.
This legislation takes important steps to strengthen the
Small Business Administration's cybersecurity infrastructure to
handle and report cyber threats that affect small businesses.
I would now like to recognize the gentleman from Colorado,
the sponsor of the bill, for an opening statement on H.R. 2331.
Mr. CROW. Madam Chairwoman, thank you for the opportunity
to speak in support of our bill, the SBA Cyber Awareness Act.
I believe there is something uniquely American about
starting a small business. As anyone will tell you, starting a
small business is never easy. It requires hard work, grit, and
hustle, the same entrepreneurial spirit that drove the pioneers
west to Colorado and that today makes the American economy the
strongest in the world.
Too often, small business owners are overworked, wearing
multiple hats and balancing a variety of responsibilities, from
payroll to maintenance, customer service to marketing, and as
any small business owner or employee will attest, no task is
too small. Running a small business is truly an all hands on
deck effort.
Like any new and challenging endeavor, our Nation's small
businesses are at their most vulnerable when they are presented
with something unexpected. Whether it is unanticipated downward
market trends, natural disasters, or cyberattacks. To the
latter point, according to one recent study, 47 percent of
small businesses have suffered a cyberattack in the past 12
months.
There is more that we can do to protect our Nation's
entrepreneurs from cybercrime. And it is not just small
businesses. In 2015, the U.S. Office of Personnel Management
was hacked, compromising the data security of nearly 22 million
Americans. We need to ensure that every arm of the Federal
Government is safeguarded, including the SBA.
Our bill, which I had the pleasure of introducing 2 weeks
ago along with my friend from Ohio, Mr. Balderson, requires the
SBA to undertake a series of efforts to ensure that it and our
Nation's small businesses are protected from cyberattacks.
Specifically, it requires the SBA to audit its IT and
cybersecurity infrastructure, the administration's strategy to
improve cybersecurity protections, any equipment used by the
SBA and manufactured by a company headquartered in China, and
any incident of cyber risk at the SBA and agencies' actions to
confront it.
Finally, recognizing that a cyberattack to the agency could
put this sensitive information and intellectual property of
small businesses at risk, the bill would require SBA to notify
Congress of future breaches within information on those
affected and how the breach occurred.
I know all members of this Committee understand the
incredible impacts small businesses have on our communities,
and I imagine all of us here have experienced some form of
cyberattack, whether it be in the form of a phishing email or
identity theft.
I urge my colleagues to support our bill and I thank the
Chairwoman for the opportunity to speak on its behalf.
I yield back.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
And now I recognize the cosponsor of the bill, Mr.
Balderson, from Ohio, for 5 minutes.
Mr. BALDERSON. Thank you for the time, Madam Chair. And
thank you for being an original cosponsor of this important
piece of legislation. I would also like to thank Ranking Member
Chabot for his support of this bill.
I want to quickly say that I am a cosponsor on the Ranking
Member's two cybersecurity bills, H.R. 1648 and 1649. I am
confident that these two bills will help small business owners
prepare for and overcome modern and digital obstacles.
Along that same line, I am a proud original cosponsor of
Subcommittee Chairman Crow's SBA Cyber Awareness Act of 2019.
Because this bill addresses potential weakness within the Small
Business Administration's cybersecurity infrastructure, by
passing this bill we will proactively guard against harmful and
widespread cyberattacks by bringing the Small Business
Administration's cybersecurity defenses into the 21st Century.
This bill will protect the sensitive business and personal
information of millions of small business owners across the
country.
In a rapid developing digital age, strong cybersecurity
protections and reinforcements are of the utmost importance.
This is especially true for fragile small businesses that rely
on having a secure online presence for ecommerce transactions,
data collection and storage, and hosting intellectual property,
yet do not have the same infrastructure as larger corporations
equipped to deal with cyberattacks. A threat to cybersecurity
is a threat to small businesses' validity. That is why this
bill is so important.
This is bipartisan, common sense legislation, and I want to
especially thank my friend, Chairman Crow, also for his
leadership on this effort. It is nice to see Congress
proactively attempting to solve problems before they occur,
rather than waiting until something goes wrong and reacting.
Again, I stress that our digital world changes constantly
and happens quickly. We, as Congress, must lift up the small
businesses of America and ensure they have the support they
need to address this ever-changing online environment.
Once again, I thank the Chair and Ranking Member for their
support. I thank my colleague from Colorado for his proactive
leadership, and I urge the Committee's support of H.R. 2331.
With that, I yield back my remaining time, Madam Chair.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
And now I recognize the Ranking Member, Mr. Chabot, for his
statement.
Mr. CHABOT. Thank you, Madam Chair.
In the interest of time, rather than read my entire
statement, I will just commend Mr. Crow and Mr. Balderson for
working together in a bipartisan manner on this. It is great to
see Ohio and Colorado working together. So thank you very much,
and I yield back.
Chairwoman VELAZQUEZ. The gentleman yields back.
Me, too, I want to thank both Representative Crow and
Representative Balderson for working together to ensure that
millions of small businesses can protect their data, and I urge
my colleagues to support the legislation.
If there is no further discussion, the Committee will move
on to consideration of H.R. 2331.
The clerk will report the title of the bill.
The CLERK. H.R. 2331, the SBA Cyber Awareness----
Chairwoman VELAZQUEZ. Without objection, H.R. 2331 is
considered 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. 2331.
All those in favor say aye.
All those opposed say no.
In the opinion of the Chair, the ayes have it and H.R. 2331
is agreed to.
The question now occurs on reporting H.R. 2331 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. 2331 is reported to the House.
Without objection, the Committee staff is authorized to
correct punctuation, make other necessary technical corrections
and conforming changes.
Without objection, Members shall also be entitled to 2 days
to file additional supplemental, dissenting, and minority
views.
H.R. 2345
Our final bill today is H.R. 2345, the ``Clarifying the
Small Business Runway Act of 2019,'' which was introduced by
Mr. Stauber from Minnesota and cosponsored by Mr. Golden from
Maine.
This bipartisan bill clarifies the intent of Congress in
the implementation of the Small Business Runway Extension Act
which we successfully passed into law last year.
I will now like to recognize the gentleman from Minnesota,
the sponsor of the bill, for an opening statement on H.R. 2345.
Mr. STAUBER. Thank you, Madam Chair, and Ranking Member
Chabot.
H.R. 2345 clarifies the Small Business Runway Extension
Act. It is a bill that attempts to do exactly what it says, to
make clear the intent of the Small Business Runway Extension
Act of 2018. The Runway Act of 2018 was simple,
straightforward, and unambiguous. It simply extended the Small
Business Administration's receipt-based size calculation from a
3-year average to a 5-year average. Recognizing the
significance of this bill for small business, the Runway Bill
easily passed through both House and Senate becoming law on
December 17, 2018. Within 4 days of the law's passage, the SBA
installed its implementation issuing an information notice that
effectively contradicted the Runway Act of 2018 by maintaining
the 3-year calculation until the agency could go through the
rulemaking process.
In a Subcommittee on Contracting and Infrastructure hearing
held on March 26, Chairman Jared Golden and I learned that this
conflict in law enacted versus regulation adopted imposed
significant real-world challenges for small businesses who may
be teetering on the edge between ``small'' and ``other than
small business'' status. The need for clarity was a constant
and reoccurring theme and this bill attempts to do exactly
that.
First, H.R. 2345 makes clear that the Runway Act of 2018
does, in fact, apply to the Small Business Administration, and
therefore, should have become effective on the day it was
signed into law. Thus, businesses relying on the 5-year average
to remain in their ``small business status'' were correct in
their assessment and may continue to do so.
Secondly, the bill requires the Small Business
Administration to develop a transition plan for small
businesses and Federal agencies as they shift to the 5-year
rule. The transition plan also includes a transition or a
buffer period in which firms that benefit from the old 3-year
calculation may continue to rely on that formula for a set
amount of time as they prepare for the eventual shift to the 5-
year average calculation.
In short, H.R. 2345 restates the will of Congress as
intended in the Runway Act of 2018 and adopts solutions that
will create a smooth transition for all parties involved.
I would like to thank Member Golden for helping me and I
urge my colleagues for their support of H.R. 2345 which
clarifies the Small Business Runway Extension Act. And I yield
back, Madam Chair.
Chairwoman VELAZQUEZ. The gentleman yields back.
And now I recognize the gentleman from Maine, Mr. Golden,
for an opening statement.
Mr. GOLDEN. Thank you, Madam Chairwoman.
I would like to thank Representative Stauber for sponsoring
this bill and for the work that we were able to do together
having a hearing in the Subcommittee about it. Earlier this
year we did have a hearing in the Contracting and
Infrastructure Subcommittee and saw that the SBA's failure to
implement the Runway Extension Act created confusion among
small businesses who did not know if they currently qualified
for contracting opportunities.
One thing I hear from small businesses when I speak with
them in Maine is that they want clarity and certainty. By
passing this bill, we are going to create certainty where now
there is confusion. Certainty that a small business should
consider the sales over 5 years instead of 3, and certainty
that the act applies to the SBA as well as other agencies. I am
hopeful that this bill will, as the original Runway Extension
Act was designed, help growing small businesses get themselves
in a place where they can compete with titans of industry and
multinational corporations.
While I am frustrated that we have to lead the SBA to water
and make it drink, I hope that passing this bill will clarify
what was already abundantly clear from the previous bill, this
is intended to apply to the SBA and be implemented rapidly.
I yield back the remainder of my time. Thank you, Madam
Chairwoman.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
And now I recognize the Ranking Member, Mr. Chabot.
Mr. CHABOT. Thank you, Madam Chair. And again, in the
interest in time and getting people to lunch here, I think
because we are getting close to wrapping up, rather than read
my opening statement I would just like to commend Mr. Stauber
and Mr. Golden for working together in a bipartisan manner. And
also, if Ohio and Colorado can get together, I guess Minnesota
and Maine can as well.
So we thank you, and I yield back.
Chairwoman VELAZQUEZ. Thank you. The gentleman yields back.
I thank him and I thank both Representatives Stauber and Golden
for working together, and I urge my colleagues to support the
bill.
If there is no further discussion, the Committee will move
on to consideration of H.R. 2345.
The clerk will report the title of the bill.
The CLERK. H.R. 2345, the Clarifying the Small Business
Runway----
Chairwoman VELAZQUEZ. Without objection, H.R. 2345 is
considered as read and open for amendment at any point.
Does anyone wish to offer an amendment?
Mr. HAGEDORN. Madam Chair, I have an amendment.
Chairwoman VELAZQUEZ. For what purpose does the gentleman
from Minnesota seek recognition?
Mr. HAGEDORN. I offer an amendment for consideration.
Chairwoman VELAZQUEZ. The clerk will report the amendment.
The CLERK. Amendment to H.R. 2345 offered by Mr. Hagedorn
of Minnesota.
Chairwoman VELAZQUEZ. Without objection, the amendment is
considered as read.
And the gentleman is recognized for 5 minutes.
Mr. HAGEDORN. Thank you, Madam Chair. I will not take but
just a second.
I want to associate myself with the remarks of both the
Ranking Member Stauber, my fellow Minnesotan, and Subcommittee
Chair, Mr. Golden, about this bill. I appreciate this bill. I
think it is certainly unfortunate that we had to get to this
point that the Executive Branch has been dragging its feet but
the purposes of the original law and what is being done today
are excellent.
All I have is the sense of the Congress to restate exactly
in very plain terms what we intend to accomplish, including
especially that this bill and the Runway Extension Act includes
a government-wide acquisition to contracts. And as somebody who
used to work in the Treasury Department and I have seen my
share of how Executive Branch employees can sometimes want to
do their own thing or ignore the will of the Congress, I just
simply wanted to put this out there so it is restated in common
sense terms and that there is no misunderstanding once this
bill passed of what the intention of this Committee and the
House and the Senate, hopefully, as we pass the bill is
intending.
So with that, I yield back.
Chairwoman VELAZQUEZ. The gentleman yields back.
I now recognize Mr. Chabot for any remarks he may have.
Mr. CHABOT. Thank you, Madam Chair. And I will also be
brief on this.
This amendment makes clear to the public the intended
application and effective date of the Small Business Runway
Extension Act of 2018 as envisioned by Congress.
I would like to thank Mr. Hagedorn for his helpful
amendment and urge my colleagues to support it. And yield back.
Chairwoman VELAZQUEZ. The gentleman yields back.
Are there any other Members who wish to be recognized for a
statement on the amendment?
Well, seeing none, I want to thank the gentleman from
Minnesota for offering the amendment, and I appreciate his
concern that the Runway Extension Act of 2018 be applied as
soon as possible. I, too, share your frustration that
implementation of the law has been delayed. And it was the
intent of Congress for the law to go into effect upon
enactment. This amendment makes clear, and we are sending a
strong message to the executive and to the administration that
that was the intent of Congress.
So the question now is on the amendment.
All those in favor 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 purposes of offering an amendment?
Seeing none, the question is now on H.R. 2345 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. 2345
as amended is agreed to.
The question now occurs on reporting H.R. 2345 to the House
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. 2345 as amended is reported to the House.
Without objection, the Committee staff is authorized to
correct punctuation and make other necessary technical
corrections and conforming changes.
Without objection, Members shall also be entitled to 2 days
to file additional supplemental, dissenting, and minority
views.
So let me take this opportunity to thank all the Members
for being here today and for offering and supporting the bills.
I am proud we had a bipartisan effort today. Taken together, I
believe these bills will truly help our Nation's small firms,
and I look forward to seeing them passed by the Committee and
through the entire House.
So if there is no further business to come before the
Committee----
Mr. CHABOT. Madam Chair?
Chairwoman VELAZQUEZ. Yes, sir?
Mr. CHABOT. Just one final thing if I could.
Chairwoman VELAZQUEZ. Sure.
Mr. CHABOT. I also want to thank the gentlelady for working
in a bipartisan fashion as this Committee has done over the
years in passing legislation that both sides agree on, and look
forward to doing this in the future and would recommend that
all Members do the same thing because you can actually get
things passed in this Committee which is not necessarily true
in some of the other Committees around this place. So thank
you, and I yield back.
Chairwoman VELAZQUEZ. Well, I am happy that we took you
away from the Judiciary hearings and have been able to lower
your blood pressure.
So if there is no further business to come before the
Committee, we are adjourned. Thank you.
[Whereupon, at 12:33 p.m., the Committee was adjourned.]
[Whereupon, at 12:33 p.m., the committee was adjourned.]
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