[House Hearing, 116 Congress] [From the U.S. Government Publishing Office] SBA MANAGEMENT REVIEW: SBA IG REPORT ON THE MOST SERIOUS MANAGEMENT AND PERFORMANCE CHALLENGES FACING THE SBA ======================================================================= HEARING before the COMMITTEE ON SMALL BUSINESS UNITED STATES HOUSE OF REPRESENTATIVES ONE HUNDRED SIXTEENTH CONGRESS FIRST SESSION __________ HEARING HELD OCTOBER 16, 2019 __________ [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Small Business Committee Document Number 116-050 Available via the GPO Website: www.govinfo.gov ______ U.S. GOVERNMENT PUBLISHING OFFICE 37-988 WASHINGTON : 2020 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 DAN BISHOP, North Carolina 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................................................ 2 WITNESS Mr. Hannibal ``Mike'' Ware, Inspector General, United States Small Business Administration, Washington, DC.................. 4 APPENDIX Prepared Statements: Mr. Hannibal ``Mike'' Ware, Inspector General, United States Small Business Administration, Washington, DC.............. 22 Questions and Answers for the Record: Questions from Hon. Velazquez, Hon. Crow, and Hon. Schneider to Mr. Hannibal ``Mike'' Ware and Answers from Mr. Hannibal ``Mike'' Ware.............................................. 27 Additional Material for the Record: Letter to Robert Wong........................................ 43 Report on the Most Serious Management and Performance Challenges Facing the Small Business Administration in Fiscal Year 2020........................................... 46 SBIA - Small Business Investor Alliance...................... 73 SBA MANAGEMENT REVIEW: SBA IG REPORT ON THE MOST SERIOUS MANAGEMENT AND PERFORMANCE CHALLENGES FACING THE SBA ---------- WEDNESDAY, OCTOBER 16, 2019 House of Representatives, Committee on Small Business, Washington, DC. The committee met, pursuant to call, at 11:31 a.m., in Room 2360, Rayburn House Office Building. Hon. Nydia Velazquez [chairwoman of the Committee] presiding. Present: Representatives Velazquez, Finkenauer, Golden, Kim, Crow, Davids, Chu, Evans, Schneider, Delgado, Chabot, Balderson, Hern, and Stauber. Chairwoman VELAZQUEZ. Good morning. The committee will come to order. I would like to welcome back before the committee the Inspector General of the Small Business Administration, the Honorable Mike Ware. Today the committee is holding an important oversight hearing, during which we will examine the most serious management and performance challenges facing the SBA. We will also discuss the Office of Inspector General's recommendations for addressing these challenges, as we seek to better understand their underlying causes. The IG is a nonpartisan, independent watchdog tasked with auditing, investigating, and promoting efficiency at SBA. Simply put, the IG plays a critical role in protecting taxpayers dollars and making sure the agency is fulfilling its mission. In fiscal year 2019 alone, the IG achieved more than $110 million in recoveries and savings, a fivefold return on investment to the taxpayers. Every year, the IG is charged with reporting to this committee on SBA's top management and performance challenges. This report not only helps with our oversight responsibilities, but also provides SBA with specific recommendations to address these challenges. Unfortunately, many of these issues are longstanding challenges. One area of persistent concern is the SBA's small business contracting programs. The IG continues to identify critical weaknesses in SBA's oversight of its contracting programs, which exposes them to fraud and abuse. In fact, the IG found that ineligible 8(a) firms continue to compete with and receive federal awards intended to assist disadvantaged small businesses under the 8(a) program. Whether this is due to the streamline application process meant to reduce burdens on applicants or poor management of continued eligibility reviews, it is imperative for SBA to take corrective actions. Another area of the report that troubles me is that SBA has not implemented a certification process for its women's procurement program given that Congress passed a law in 2015 requiring it to do so. This delay is entirely unacceptable. I look forward to hearing the ways in which SBA can improve its contracting programs and accelerate the implementation of the women small business certification process. I am also concerned about SBA's rollout of its ``certify.sba.gov'' online platform. As of August 2019, SBA has spent approximately $27 million on this system which was supposed to modernize the certification experience for 8(a) and other SBA contracting program participants and offer comprehensive service delivery. To date, SBA has implemented only limited functionalities and it failed to make any progress in enhancing these functionalities during the last year. There are complaints of unreasonably long help desk delays and significant latent defects in this system. Now we are learning that SBA plans to develop an entirely separate system to monitor 8(a) participants' business development. SBA has invested a substantial amount of taxpayers dollars in this platform, and I would expect by now to see results from this investment. Unfortunately, it appears that SBA has failed to implement this platform effectively. It is my goal for today's hearing to shed light on what specific steps SBA is taking to address this serious finding and how SBA intends to deliver a more effective system. Another issue that requires this committee's close attention is SBA's oversight of its grant programs. Last year, OIG identified ``significant systemic deficiencies'' in SBA's grant management, including issues regarding the accuracy of grant data, ineffective oversight, and inadequate standard operating procedures. While progress has been made in this area, SBA's oversight of its grant programs remains a significant concern. Finally, I was pleased to see that SBA has made progress in developing methods to disclose and track loan agent activities on 7(a) program loans. IG investigations have revealed an alarming pattern of fraud by loan agents in the 7(a) program involving millions of dollars. While I am encouraged by SBA's efforts to implement enhanced loan agent disclosure forms and controls over lender submissions, it is vital that the IG continue to monitor this area closely and identify areas where SBA can continue to improve. Without a confirmed administrator and even a deputy administrator in place to take the reins of the agency, it is now more critical than ever to ensure the SBA is operating effectively and performing its core goal of reaching and assisting entrepreneurs across this country. I am hopeful we can work together using the IG's expertise and unique insight into the agency to improve the SBA. I now would like to yield to the Ranking Member, Mr. Chabot, for his opening statement. Mr. CHABOT. Thank you, Madam Chair. The Small Business Administration's Office of Inspector General, or SBA OIG, is required to deter, identify, and investigate instances of fraud, waste, and abuse, and inefficiencies in the SBA programs and operations. With an almost $20 million budget for fiscal year 2018, its audits and investigations achieved more than $224 million in monetary recoveries and savings. Contracting and loan fraud investigations not only recouped federal funds, but also resulted in 62 indictments and 43 convictions. We thank you, Mr. Ware, for your efforts to protect American taxpayer dollars and the integrity of SBA programs. In the first half of fiscal year 2019, OIG issued eight reports with 30 recommendations to improve the agency's programs and operations. Congressional-requested and SBA- initiated reports produce recommendations that often kick off statutory and regulatory relief efforts and reform. For example, the audit of the SBA's oversight of the SCORE Association issued in April prompted immediate changes within the SCORE organization and SBA's Office of Entrepreneurial Development. It also informed significant reforms outlined in H.R. 4407, the SCORE for Small Business Act of 2019. The SCORE Audit and subsequent reform efforts demonstrate the power and necessity of unbiased oversight conducted by OIG. We thank you for your work to identify and resolve issues in this flagship program. Since 2001, the OIG has provided a yearly report to Congress which outlines the SBA's management challenges and recommendations to resolve each challenge. Each challenge represents an area in which the agency is vulnerable to waste, fraud, and abuse. When compared with the previous years' reports, it appears that the SBA has not made sufficient progress implementing OIG's recommendations to statutorily mandated programs and functions. The SBA's 8(a) business development program, lender oversight, IT and human capital management have for nearly 2 decades been the SBA's most serious management and performance challenges. How can we, the Congress, help you to motivate agency reform efforts? That is one of the things that we certainly want to look into, and we thank you again, Mr. Ware, for your leadership at the OIG and commitment to reforming the SBA, and I yield back. Chairwoman VELAZQUEZ. Thank you, Mr. Chabot. The gentleman yields back. If committee members have an opening statement prepared, we ask that they be submitted for the record. Normally, I go over the timing lights but Mr. Ware, you have been here so many times I do not think I need to explain. You are going to be the only witness here. Today, we welcome the Honorable Hannibal ``Mike'' Ware, the Inspector General of the SBA. Mr. Ware was sworn in as the Inspector General in May 2018 and has been an effective leader in his role of rooting out waste, fraud, and abuse in federal programs and promoting more efficient operations at SBA which encompass more than $100 billion in guaranteed loans and nearly $100 billion in federal contracting dollars. He has 28 years of experience within the IG community and has received numerous awards throughout his career, including several awards from the Council of the Inspectors General on Integrity and Efficiency as recognition for his significant work in the Inspector General community. We welcome Mr. Ware, and you are now recognized for 5 minutes. STATEMENT OF HANNIBAL ``MIKE'' WARE, INSPECTOR GENERAL, UNITED STATES SMALL BUSINESS ADMINISTRATION Mr. WARE. Chairwoman Velazquez, Ranking Member Chabot, and distinguished members of the Committee, thank you for inviting me to testify before you today and for your continued support of the Office of the Inspector General (OIG). I am always proud to represent the dedicated men and women of OIG and to speak to you about their important work. Last week, my office released its report on the most serious management and performance challenges facing the Small Business Administration in fiscal year 2020. The report identifies eight challenges that span SBA's core programs, otherwise known as the three Cs: capital, contracting, and counseling. The report also identified a challenge in the area of agency management principally related to information technology controls. I look forward to answering questions and discussing these challenge areas with you this morning, but first, I believe it is important to provide you with context of how the challenges are identified and their importance in the framework of providing oversight to SBA. Given the identification of Top Management Challenges spans nearly 20 years, there is a robust dialogue surrounding the challenges and a record of corrective actions taken and the persistence of certain challenges. Since arriving at OIG and taking the helm, I have committed to a collaborative approach for identifying these challenges. I had my first meeting with then Administrator McMahon. I shared my vision of the challenges being identified in a manner that represents a shared perspective. Rest assured, at the end of this process, OIG independently prepares our report and calls the balls and strikes. Consensus is not required to include an issue on our list. That said, collaboration allows OIG to round out its view and possibly learn what we do not know from SBA's leadership perspective of concerns within the programs. As I sit here today, I can say confidently that SBA program officials do not agree with every assessment of their progress in addressing certain challenges. For us, it is a matter of factual accuracy and building a common understanding of what we are seeing, which is why I value the opportunity to speak with you today. To operationalize the challenges report, I believe we have an obligation to focus on work in these challenges areas to provide recommendations for corrective action to resolve the root causes. For some areas, challenges will always persist. For example, it is undeniable that responding to disasters will always be a challenge simply because not every variable of a specific disaster can be known or planned for in advance. However, SBA can learn from our oversight work in this area and be better positioned for the next disaster, ensuring assistance is provided timely and efficiently and ensuring controls exist to provide assurance that assistance is going to eligible disaster victims. I am pleased to share with you that SBA leadership also operationalizes the Management Challenges Report. Implementation of corrective actions is included in executive performance agreements meaning senior leaders within SBA are held accountable for taking concrete steps to address the recommendations within the respective challenges. To this end, OIG's progress assessments which are included within the report are vital benchmarks intended to achieve results. The scoring system is readily discernable by prescribed colors and directional arrow representing the progress trends. Within each management challenge is a series of recommended actions to enhance the effectiveness of agency programs and operations. Each recommended action is assigned a color score to indicate its status. The scores are as follows: green for ``implemented,'' yellow for ``substantial progress,'' orange for ``limited progress,'' and red for ``no progress.'' As you can tell, the top Management Challenges Report is an important component of our oversight framework. The report and the associated processes have led to serious management and performance challenges being addressed by the agency leading to their removal from the list. Most importantly, the effort places a continued emphasis on delivering services to small businesses and disaster victims effectively and efficiently, a goal for which there is universal agreement. Thank you again for the opportunity to speak to you today, and I look forward to your questions. Chairwoman VELAZQUEZ. Thank you, Mr. Ware. I am very pleased that you did not use the 5 minutes. Now we will have an opportunity to expand on your presentation. Your office has repeatedly recommended that the SBA implement a Women Owned Small Business Certification program as required under the 2015 NDAA. However, it has been almost 4 years since that law was enacted and SBA has not implemented a certification program. I am also really concerned that a June 2018 OIG audit found that sole source contracts totaling $52 million were awarded to potentially ineligible firms that self- certify as women-owned businesses. Can you please explain to us, what is the main cause for SBA not having implemented the certification as required by the 2015 NDAA? Mr. WARE. Thank you. Thank you for the question. And that question, I am actually glad I received it because it gives me an opportunity to talk about the folks in our office that just yesterday received a CIGIE award for excellence for that very same audit that you just referenced. I will just tell you where they are currently so you know. At least they have a proposed rule. They did that in May of 2019 to amend the WOSB regulations, rules and regulations. So, I mean, they are way behind the curve but they are making movement in this area. And some of the reasons that we have gotten is that, well, you remember, like you mentioned in your opening, certify.sba.gov was supposed to be the end all, answer all, everything all, and it just has not been. So they were under the impression that this would solve many of their issues and it has failed to do so. Right now it is just serving as a repository. Chairwoman VELAZQUEZ. Are you confident that SBA will be on track to implement the final rule by 2020? Mr. WARE. They have assured us that they will but, I mean, it has been quite a long time. At this point I am past assurances. I would just like to see it done. Chairwoman VELAZQUEZ. Let's go to certify.sba.gov. SBA is supposed to allow users to manage their 8(a) program certification. They have spent $27 million on this system, but according to your report, SBA has implemented only limited functionalities, and it looks like for the last year they have not made any progress. Why is it taking this long? My other question is, in your opinion, do you think after spending $27 million, SBA might be abandoning this platform? Mr. WARE. SBA has basically notified that they are indeed looking to abandon the platform. It has not been able to deliver in a way that it thought it would. Chairwoman VELAZQUEZ. What is the main reason for that? Mr. WARE. That is the million dollar question. There is no real evidence that they have put forth other than at every turn it has not worked. Right now it is just functioning as a repository. When they talk about the functions, limited functions, meaning that you can upload the documents, that is the limited functions for $27 million. Chairwoman VELAZQUEZ. After spending $27 million of taxpayers' money this will be the answer to all of the delays that they were facing? My question is, is the fact that we do not have an administrator in place, or a deputy administrator in place playing a role in their delays? Mr. WARE. Well, I could say this. It is clear that proper leadership is essential for implementing a program of this kind. I would say that Maria Roat and the OC, Office of OCIO, has done a significantly good job in terms of moving on many of the recommendations. They have received awards and they are looking into it, but clearly, the proper level of leadership needs to be in place, even to make a determination as to whether it is time to actually walk away from this or continue to throw good money after bad. Chairwoman VELAZQUEZ. In the Caribbean, people are still afraid that another storm, or hurricane, could come their way. The season will be over by the end of November. Based on your audit and your analysis, can you tell us that you feel confident that SBA's, Disaster Relief Program is ready to act? Do they have all of the controls and preparedness in place? Mr. WARE. I can say this, definitely, as you know, I definitely sympathize coming from St. Thomas with my mother still living there, and my mother is still basically not being able to get over the trauma that the last ones caused. But I can say this, that the Office of Disaster Assistance has made significant strides in terms of their readiness. They are more ready now than they have ever been. It is just that the uncertainty of what will be faced with a storm always gives me some hesitance in talking about this, but I do know that in implementing our recommendations and in working with our office, they have a more trained work force than they have ever had before. They were able to ramp up on a level that they never had before with the last three major storms, and because of that I would say that they have never been in a better position. Chairwoman VELAZQUEZ. Does that preparedness correspond to taking into account a Category 1 or a Category 5? Mr. WARE. Well, you know that we put out these reports that dealt with Harvey, Irma, and Maria, and they were Cat 5s, and bigger then. It is just that we do not have something bigger. Chairwoman VELAZQUEZ. Thank you. Thank you. The Ranking Member is recognized for 5 minutes. Mr. CHABOT. Thank you, Madam Chair. Again, thank you for being here, Mr. Ware. As you know, a number of your recommendations stem from longstanding challenges at the SBA. In some cases, those challenges were identified more than a decade ago. Why has it take so long for the SBA to address these challenges? It is pretty frustrating. I know the Chair is frustrated. I am frustrated. You know, what is taking them so long? Mr. WARE. So let me explain. You know I have been in the IG community, February will make 30 years. And so I have been from the first time that the IGs had to put forward this report, I have been working on them. Some of these challenges will never go away because it is the nature of the complexity of the programs that are run across the Federal Government. For example, when I was at Interior, if you look at Interior's report, you would see that, well, insular areas is always going to be a challenge. And then affairs would be a challenge. Energy will be a challenge. Climate will be a challenge. These are the things that they are faced with. It is the same with SBA. So anything that falls within those three Cs. So you are going to have challenges in the credit programs because you are talking $120 billion in guaranteed loans in their portfolio to oversee. So it will always be a challenge. Disaster will always be a challenge. Their contracting programs will always be a challenge. What we offer in this document is that our work is informing how to challenge shifts and moves to ensure that they are most efficient in our moving of these areas. As a matter of fact, it is those challenges that inform our work, and vice versa, the work informs the challenge. Mr. CHABOT. Okay. Thank you. Are there areas where the SBA has taken concrete steps to improve past performance? And if so, are there lessons that we, or more importantly that they should learn from those steps, where they improved things in the past to address some of these current challenges? Mr. WARE. Right. To be fair, SBA has made significant strides over the past, at least the past 3 years that I have been at SBA. They have made significant strides in just about every area. We have been able to remove one relative to human capital. And again, human capital this year, they have made significant strides. Also, in their IT challenge they have made significant strides. And we argue with them back and forth, well, why can we not be green? And you cannot be green because we found this, we found that. We recognize that you have made significant progress but works till remains to be done in these areas. Mr. CHABOT. Okay. Could you briefly maybe expand a little bit upon the capital improvement or what was the term you used? Mr. WARE. Human capital. Mr. CHABOT. Yeah, human capital improvements that they actually made? Mr. WARE. So they were lacking standard operating procedures across the board. They just did not have them. And human capital has been identified by GAO, for example, government-wide as one of the major challenges for probably the past, I do not know, 20 years. And they have produced or refreshed 11 different SOPs to address their challenges, which is pretty significant. In addition, we are not the only ones that oversee their human capital, of course. The Office of Personnel Management does so as well. And they received a pretty positive for the most part report that also had here are some areas for improvement. But one of those is how we replace the over, I think they have 60 percent can retire by 2020. How are you going to fill that skill gap? How are you going to do that? And it is even a higher percentage if you move to 15 and higher. So these are the challenges that they still have to work on. Mr. CHABOT. Yeah, we certainly need to keep an eye on that. Broadly speaking, is there anything that either this Committee or Congress in general could do to help your office to more effectively conduct investigations and/or oversight of the SBA? Mr. WARE. Broadly speaking, I was going to say you have no idea, but you do have an idea how critical it is that we have these kind of hearings where you conduct oversight with us. The way that you have worked with our office in terms of the new appropriation authorizations, the new authorization language, those put a significant amount of sunlight on these programs and lead to change. I mean, instant change. The work that we have done together relative to the grant programs have fixed a lot of the issues that we brought forward in an incredibly short time. Mr. CHABOT. That is good to hear, so I want to commend the Chair and commend this Committee in a bipartisan way because we really do work in a bipartisan manner on this Committee. So it sounds like we are doing something right. So glad to hear it. Thank you, and I yield back. Chairwoman VELAZQUEZ. Thank you. The gentleman yields back. Now we recognize the gentleman from Colorado, Mr. Crow, Chairman of the Subcommittee on Innovation and Workforce Development for 5 minutes. Mr. CROW. Thank you, Madam Chair. And Mr. Ware, thank you for being here today and for your office's work to continue to improve the SBA. We appreciate your professionalism and hard work. As you are probably aware, Accenture recently released a report showing that 43 percent of cyberattacks are aimed at small businesses costing on average $200,000, with 60 percent of these small businesses going out of business within 6 months of a breach or attack. And in your report you mention that during this fiscal year, the IG made 35 new recommendations in IT security control areas and that overall there were 44 recommendations that were resolved, corrective actions. But you also mentioned that there are other critical issue areas that need to be addressed. Can you mention the top one or two other areas that keep you awake at night? Mr. WARE. Well, for us, of course, the information that you just said, that is on the board scrolling on every floor at SBA relative to the number. But one of the things is how they are dealing--how SBA, sorry, deals with their infrastructure, the IT infrastructure. And we spoke about certify.sba.gov and the challenges that they have had with that, and we have continued to push them on the way that they are planning these investments to replace these legacy systems. So that would be one. And of course, the security of the documents, I mean, of everything that they receive from the public relative to small business, it is critical that they have that well done. We contract with KPMG to take a look at that, to make sure that they are straight with that. They have grown in terms of improvements in leaps and bounds in that areas but it only takes one. They have just recently received awards. Maria Roat was awarded for her work in FITARA. So in terms of security, they have really come a long way. Mr. CHABOT. Okay. Thank you. Madam Chair, I yield back. Chairwoman VELAZQUEZ. The gentleman yields back. The gentleman from Minnesota, Mr. Stauber, Ranking Member of the Subcommittee on Contracting and Infrastructure is recognized for 5 minutes. Mr. STAUBER. Thank you, Madam Chair, and Ranking Member Chabot for holding this important meeting. And Mr. Ware, thanks for your professional testimony. Mr. WARE. Thank you. Mr. STAUBER. I just have a couple of comments here. You know, as the ranking of the Subcommittee on Contracting and Infrastructure, I have heard about some of the issues highlighted in the 2020 IG reports firsthand during the hearings that Chairman Golden and I have held. Of particular note, we held a hearing about the Women-Owned Small Business Contracting Program, and it seems that the SBA enacted a sole- source authority without implementing a front-end certification program or eradicating the self-certification option. This has only exacerbated fraudulent behavior within the program specifically. $52 million dollars were awarded to potentially ineligible firms and ended up hurting our women small business owners who truly need assistance procuring Federal contracts. Knowing that this is not unique to the women-owned small business programs, Mr. Ware, could you provide an estimate for how many Federal contracts are awarded to ineligible firms? Mr. WARE. To provide an estimate would be tough but I know what our work has informed, and our work has informed across these programs that is a significant amount, and that is a significant part of our investigations portfolio in terms of all the arrests and the convictions that we have gotten. And I will tell you how troubling this is to me on a personal level. I was recently at a volleyball game and I overheard two people talking about how easy it is to get into these small business programs. About how one person had said they had started three of these businesses and might need to get out before it is too late. They do not know who they are sitting next to; right? So these are guys talking about it. It is extremely troubling. So when we write about these things and we are simply asking for more assurances up front that we are reaching the people who desperately need these services, it is like that. It is significant. I could say that. Mr. STAUBER. I can say, Mr. Ware, if you were at a hockey game in Minnesota, you would not have heard those comments. So Mr. Ware, what do you think is the biggest factor contributing to fraud in the Federal procurement place? Mr. WARE. In the Federal procurement space, the biggest instance is the relative ease that just about anyone can get into, and it is an awful lot of money. It is a big pool. Mr. STAUBER. Okay. So what remedies can we put in place to reduce the fraudulent activity? Mr. WARE. These are the recommendations we have been trying to get implemented for years and that they are working with us on. We need up front, internal controls that give assurances to SBA that the right people are getting this. So no more of that self-certification. The proper documents must be in place before you are able to receive assistance from SBA. Mr. STAUBER. You know, Mr. Ware, you are exactly right. With your experience I was expecting that answer. I will say this, that you know, you said we have been working on it for years. We know that small business is the engine of our economy, and so from outside this city, when you say we have been working on it for years, what do you think small businesses across this Nation, I mean, they are frustrated with this. And so I appreciate your honesty that you have been working on it, or we have been working on it for years. I think that we need to speed this up because it is affecting Main Street America. And I will say this, that you had mentioned a couple of things and you had mentioned some big challenges. You used the word ``challenge.'' Great word. I look at it as an opportunity for us. An opportunity to change. And I think you are in the right place to help us out with your experience and your professionalism. Mr. WARE. Thank you. Mr. STAUBER. So I look at it as an opportunity to work with us and actually make meaningful legislation today or as soon as practical because when you get outside these walls of Congress, when the statement is made we have been working on this for years, that is extremely frustrating for American small business owners, both men and women. So I think that we have an opportunity I think to work on this and take your report and start making progress, immediate progress on these concerns that we all have. But I really appreciate your testimony, your professionalism, and Madam Chair. And I yield back. Mr. WARE. Thank you. Chairwoman VELAZQUEZ. Thank you. The gentleman yields back. Now we recognize the gentlelady from California, Ms. Chu, Chairwoman of the Subcommittee on Investigations, Oversight, and Regulations, for 5 minutes. Ms. CHU. Thank you. Mr. Ware, first I would like to ask about disasters and then about human capital management. Disasters are on my mind. I represent a district in Southern California, and for the last few days we have had a terrible wildfire where 100,000 people had to be evacuated, including our Congress member Bob Sherman. And this is on top of the wildfires that we had throughout California, Northern California and Central California. So you outline in your report that the SBA established the Express Bridge Loan Pilot Program in October 2017 to quickly extend up to $25,000 to small businesses and presidentially declared disaster areas. The pilot program launched 2 years ago but so far has resulted in only two loans despite the fact that there were 126 major disaster declarations and 33 emergency declarations since October 2017. So can you tell us how many small businesses applied for loans under this program and why SBA has failed to effectively administer the pilot? Mr. WARE. Thank you. I do not have the information relative to how many applied for the program. I can definitely and will certainly get that back to you. But according to SBA, their lenders have many different ways to get this money to disaster victims and that they are not partnering with them at the rate that was anticipated to get these loans out. They say they just do not have the lenders. That is what they have said. Ms. CHU. And what could be done to improve the situation? Mr. WARE. I think that we really need to take a look at, well, they need to take a look with the overseers with whether this is the best way to achieve that outcome. Or if there are other things already in place that are meeting the needs of the people. I really do. Otherwise, there is no other way to know. Ms. CHU. Well, this seems like a high priority so I hope that you can highlight it even more as far as your challenges. But there is also the issue of proper training. You talked about SBA's progress in providing proper training but you talk about it in the context of severe hurricanes. And this is for the thousands of reserve staff that it brings on for major disasters. But can you talk about your response to wildfire disasters and the training system? Is it relevant to wildfires or is there any kind of specialist training for that? Mr. WARE. My understanding is that each disaster is treated the same relative to getting the applications in, processing them as quickly as possible, and from my view, making sure that the proper controls are in place before that money goes out. But it is the same. I do not believe that they have specific training for whether it is a wildfire or it is a hurricane. They treat the disasters pretty much the same. The metrics are the same. Ms. CHU. Okay. So now let me ask a question about human capital management. Your report found that SBA made substantial progress in addressing human capital management but this Committee has received reports of numerous vacancies within SBA, and it seems particularly problematic in the Office of Field Operations where there are potentially 100 vacancies and then there are vacancies in the Office of Investment and Innovation. So Mr. Ware, did OIG consider the number of vacancies at SBA in making its findings on SBA's human capital management? Mr. WARE. So the findings on the Top Management Challenges Report are much more general in terms of what the challenge is. So we specifically entered that only relative to what they have in place to address a challenge that is as you have described. You have a lot of vacancies. You are going to have a lot of turnover due to retirement. What do you have in place in terms of a strategy to mitigate these issues? That we looked into. And they have actually, like I said, 11 new human capital SOPs, some that deal with that. And this is why we gave them the mark that they got in the area. We have not, as part of this, gone into a specific and detailed review of each one of the sections as of yet. Ms. CHU. It just seems like 100 vacancies is very, very problematic and, you know, requires so much more intervention. Mr. WARE. Right. So our normal oversight work would address something like the 100 vacancies. The Top Management Challenges Report just talks about the challenge that they have in addressing that. Ms. CHU. Thank you. I yield back. Chairwoman VELAZQUEZ. The gentlelady yields back. Now we recognize the gentleman from Pennsylvania, Mr. Evans, for 5 minutes. He is the Committee Vice Chair. Mr. EVANS. Thank you, Madam Chairperson. And thank you for this hearing. Mr. Ware, according to the OIG report, the SBA currently has no system to assist program officials in monitoring the 8(a) participant business development to assist the effectiveness of the program. To address this, the SBA has formed a tiger team to develop solutions in fiscal 2020. Mr. Ware, what is a tiger team, and how much progress has this team made in developing solutions to this program? Mr. WARE. Right. The tiger team is they establish, they are a group of employees that they have identified who could assist in terms of making sure their system works the way it does. We have not yet assessed where they are on that. That is not what the Top Management Challenges does. So we have not gotten to that level of our work yet in that area. Mr. EVANS. Okay. The 8(a) program has seemingly declined in the number of participants in recent years going from 7,000 in 2010 to about 4,500 participants in 2019. Mr. Ware, do you believe the application process is a source of decline and participation in the 8(a) program, and is the SBA properly addressing the decline? Mr. WARE. It is difficult to tell. The work that we have done has not shown that that is the reason. As a matter of fact, they have streamlined the process. So the streamlining of the process was said to be how they would address the root cause of the numbers going down. So I do not believe that that is the process and I our work has not informed yet as to what the cause of the numbers declining is but I do not believe it is definitely not because of any additional controls they have put in place. As a matter of fact, they have relaxed the controls. Mr. EVANS. The Chairwoman sort of mentioned this when she was talking. The report states SBA has currently spent $27 million on the online certification process, the 8(a) program at 27 to implement the online process for the women-owned. Is this same 27 million, does this cost seem excessive for developing an online certification process? Mr. WARE. That is a very interesting question. So, well, kind of a deep question, too. Thank you. Excessive is not something that I would use. It is what is necessary to ensure that they are providing efficient and effective services to small business owners and that the proper controls are in place to ensure it is going to the right recipients. And that they are able to measure progress in a way that informs Congress and informs the public as to whether or not their programs are successful. So I do not know what cost I would put to that but I would say it is excessive for a program that has not worked. Mr. EVANS. So what would you say to us who represent the taxpayers you are describing then? How would you say that then? Mr. WARE. I would say that SBA has some work to do to either make a decision as to whether they are going to throw good money after bad or they are going to switch and pivot to a system that provides us the assurances I just laid out. Mr. EVANS. I yield back the balance of my time, Madam Chairperson. Chairwoman VELAZQUEZ. The gentleman yields back. Mr. Balderson, the member from Ohio who is the Ranking Member of the Subcommittee on Innovation and Workforce Development is now recognized. Mr. BALDERSON. Thank you, Madam Chairwoman. Holy cow, bam. Here we go. Good morning, Mr. Ware, and thank you for being here. I just, you know, I have got a little bit of update on what the conversation has been here this morning and what we have been talking about during the two to three Committee piece today, so just kind of bouncing back and forth. But my great policy small businessman has been updating me. You know, we are talking about the disasters you are speaking of. In your testimony, you mention the four core strategic goals for the Small Business Administration. Of these you state that the SBA should be working to strengthen their ability to serve small businesses. Unfortunately, I have been alarmed to routinely hear from constituents on my Small Business Advisory Panel that they do not feel like the SBA is prioritizing them. Specifically, my constituents have mentioned how rural small businesses seem to be forgotten about or underserved. Your report pinpoints human capital as a major challenge facing the SBA. More specifically you write, ``The office is currently planning to assess the effectiveness of SBA's actions to mitigate its workforce challenge risk.'' And I know that this has been a focus today. But can you kind of turn it around a little bit for the rural piece also? Mr. WARE. Right. Regarding the rural piece, this is a discussion that we have just begun having in our office because we are hearing the same things. We hear from our hotline. We hear from your constituents about these issues, so the question comes up. I mean, are they really looking at the rural areas? Our work to date has not informed that but I assure you that our work going forward will. It is a discussion that we recently had within our office. Mr. BALDERSON. Okay. That is good. And my office, and including myself, would be happy to help with you addressing those issues because I think it is a very, very important piece and I know that you understand it is, too, but I think we need to take some action on it. So I appreciate it and thank you very much, Madam Chair. Chairwoman VELAZQUEZ. The gentleman yields back. The Chair recognizes the gentlelady from Kansas, Ms. Davids, for 5 minutes. Ms. DAVIDS. Thank you, Chairwoman. And thank you for being here today to talk to us about this report on the SBA. Last month, this Committee held a management review hearing on the SBIC program and had many concerns and questions about the mismanagement of the program and the decrease in issued licenses, the issues around some of the requirements related to trainings on the regs. The Senate Small Business Committee held a similar hearing earlier in the year as well. Can you tell me why the SBIC program issues were not addressed in the report that you put together? In the Top Management Challenges Report? Uh-huh. Mr. WARE. It was not specifically addressed. We have not done work on SBICs in a minute. The SBICs are the next up for 2020 in terms of our reports and our work that will inform it. So our work that we are doing are informing the challenges, and this goes over the 40-year existence of the office in terms of the depth of knowledge that we have in these programs. Strangely enough, when the IG's office was first set up as one of the original 12, SBICs was their primary focus and primary work more than anything else before it was turned over to the agency. But that is the reason why it was not addressed in this body, in this version of the Top Management Challenges. Ms. DAVIDS. Okay. I just would, I guess when I was looking at the purpose of this specific report that gets done it includes what the report considers the most serious management and performance challenges facing the agency. And based on the testimony that we heard that we heard last month when we were looking at the SBIC program from the current acting director of the program, I would definitely say that there are serious challenges and management challenges there and would just encourage you to please have a look at that. And I think our office is probably going to be reaching out as well. Mr. WARE. It is up next in 2020. Ms. DAVIDS. Okay. Mr. WARE. Mm-hmm. Ms. DAVIDS. So I know that the IG report does delve into multiple issues around the 8(a) program and we have heard a little bit about the oversight capability and trying to ensure that ineligible firms are not participating in that program. Can you please talk to me, us, a little bit about how we make sure that we not only increase the number of 8(a) certified programs that are having access to the contracts, but also how we increase the accuracy of the reporting of it? Mr. WARE. All right. So thanks for that question. I will start with the accuracy of the reporting, mainly because our work is informed on the accuracy of the reporting. It has to do with their systems. And I have to talk a little bit more about systems because folks keep thinking that this technology is the end all, be all. So whether it is certified SBA, whatever you come up with, it is just technology that is making what should be a good foundational system easier to use. So we need to look into how those systems are put in place, especially in relation to the human side of things that are actually working on these systems. So when you have a system that is a repository, it is like anything else. It is garbage in, garbage out. And on top of it, some of these systems lose information. So that is the challenge in terms of being accurate with the reporting, a significant challenge that SBA has. But that is where it stems from. And we are challenging SBA to take a look at system more holistically than just an IT fix. Ms. DAVIDS. And I am just curious because I feel like there are a couple of threads in the report here. Do you think that some of the underlying foundational issues stem from the need for the effective human capital strategies? And we are running out of time, but perhaps you could submit a little bit more information about some specific steps that we need to take to increase the human capital. Mr. WARE. Thank you. Ms. DAVIDS. Thank you. I yield back. Chairwoman VELAZQUEZ. The gentlelady yields back. The gentleman from Maine, Mr. Golden, Chairman of the Subcommittee on Contracting and Infrastructure, is recognized for 5 minutes. Mr. GOLDEN. Thank you, Madam Chair. Inspector General Ware, thank you for being with us. And I hate to continue to focus on 8(a) but I think that your report here did point out that it is one of two areas where we did not see the kind of progress that we saw elsewhere in fiscal year 2019. And so I think it is important to keep talking about this, particularly as the Chair of the Subcommittee. So I do not think it is harmful to give you more and more opportunities to talk about what we can do about 8(a). My good friend from Minnesota, the Ranking Member, Congressman Stauber talked about the women-owned business issues as well with some of the self-certification and other things, so I just want to keep giving you some opportunities to tell us what we should be looking into and prioritizing with our oversight, because I think that there is going to be some significant focus on certification in the Subcommittee going forward. So knowing that, what would you have us focus on? And I do have another question. Mr. WARE. Sure. I will be quick on this one so you have time. We made very specific recommendations to SBA on how best to address that. And one of them has to do with, I will read it, ``Implement controls so that ineligible firms in the 8(a) program during the continuing eligibility reviews''--because that is one of the areas where we have a major problem with-- ''and effectively address complaints received regarding 8(a) firms and remove ineligible firms from the 8(a) program timely. So we have challenged them to meet this recommendation, and right now they have been moving kind of slow. They said that their revisions to the SOP, they have an expected publication of March of 2020. So, but the SOP does not really cover it all, and we are still working with them. When I said earlier that they do not necessarily agree with everything, this is one of those areas, so we have been in, my team and their leadership within Economic Development have been in the back and forth, but that is one of the principal ways. Mr. GOLDEN. Thank you. My colleagues on the Committee have pointed out that a prior OIG audit had found that SBA failed to fully document whether 30 out of 48 certified firms that you reviewed were eligible for the 8(a) program. Those are some pretty bad numbers in my opinion. I do not know if you have seen any improvement since then in this regard or if this was just a particularly bad audit. But can you explain how this failure to properly document firms' eligibility for the program impacts your ability to investigate cases of fraud against SBA? Because I do think an important aspect of your work is the ability to fully investigate and root out fraud. Mr. WARE. I am glad that you brought that up because it brings me to a soapbox issue for me. And hopefully, I do not get on a soapbox too much. But it harms us in terms of our ability not to investigate but to get a conviction. And what it does is because they did not have the documentation in the files but in many cases, and this is documented, defense attorneys are able to say my client gave everything that they asked for. They either had it right in front of them, they did not put it in the files or whatever it is, but this is our evidence that we have given it. And the court has ruled that SBA had it and still allowed them to continue in the program, or to get in and that the burden was on the agency. And we have been unable to obtain convictions because of this. This is something that we have been working with the agency in terms of drilling down on the importance of making sure that that action is taken on the documentation. And they are moving forward on a lack of documentation. When we said lack of documentation, they were able to remedy the majority of the 30 by obtaining the documentation. But without the documentation, the people should not have been eligible. The documentation had to have come first. Somebody had to review that. Mr. GOLDEN. Yeah. Because you have mentioned I think several times that at the very least like they have this platform where they can upload the documents but we actually need to cross our T's, dot our I's, and demand the documents. Mr. WARE. Right. Well, that is all it is, is just upload. Mr. GOLDEN. Yeah. Mr. WARE. Right. Mr. GOLDEN. All right. Thank you. I appreciate it. Mr. WARE. Sure. Chairwoman VELAZQUEZ. The gentleman yields back. The gentleman, Mr. Hern, from Oklahoma, Ranking Member of the Subcommittee on Economic Growth, Tax, and Capital Access, is recognized for 5 minutes. Mr. HERN. Thank you, Madam Chairwoman, Ranking Member Chabot, and Mr. Ware, thank you for being here today. As a small business owner and businessman for the past 34 years, I know firsthand how valuable the Small Business Administration's aid can be. However, I am also aware that the SBA has had wasteful expenditures and mismanaged programs in the past. I think it is part of the bureaucracy, what happens when you get too big, which can be a big determinant to this aid, and therefore, cause damage to small businesses in America. As a member of Congress who came to Washington help reconcile waste and to eradicate fraudulent abuses of government programs, this is extraordinarily concerning to me. Because of this, I am fully supportive of the SBA's Office of Inspector General and the work they do to improve the integrity and performance and accountability of the SBA. Every program needs that and taxpayers should demand it. So my first question is, as you know, the 7(a) program is the SBA's flagship program and it helps to be a vital source of capital access for thousands of small businesses, and this program also happens to be under the jurisdiction of the Subcommittee for which I am the Ranking Member. In April, as part of our Subcommittee work, we held a hearing on the SBA's 7(a) budget proposal and impact to fee structures changes, and in this hearing we reviewed the SBA's concerning request for a $99 million taxpayer provided subsidy to the 7(a) program which has traditionally never received appropriations from Congress. The Chairwoman was adamant that we had accountability for this, and so it is furthering my concerns with the 7(a) program. In your fiscal year 2019 high- risk 7(a) loan review you found noncompliance in five of the eight loans that were studied. Why has the SBA not fully addressed the material deficiencies that you highlighted? And do you think this noncompliance is part of the reason the SBA is asking for a $99 million subsidy from the American taxpayers? Mr. WARE. Thank you. I am not certain if the noncompliance is part of it. I can tell you what our work has informed. And our work has informed that we are catching things when we go in as an audit entity that they should have caught. What we are reviewing in that report that you reference is work that they already did. They already paid out the guarantee. They already did all their assurances. And we are coming in later, which at times is problematic to the banks and everything else because we are now saying you owe this money. You did not do what you were supposed to do. But we are coming in later and seeing glaring things that should have been found if the proper level of review and scrutiny was taken by the agency. Mr. HERN. Mr. Ware, if I may interject, as that testimony-- obviously, you were not here, but that testimony and that quote ``need for the $99 million'' was based on historical problems and then forecasting those forward. And if we kept doing the same bad behaviors, then we were going to need $99 million. Now, the Chairwoman, again, I am going to go back and give her a lot of credit in saying, do not come back here and ask for that again until you have cleaned up your act. And we have not seen them back, so that must mean their act has not been cleaned up. So I appreciate what you are saying, but historical precedence, if you are making bad decisions and having a default rate that you should not be having, that is setting the tone and the precedent for the trend line to request this appropriation from the taxpayer. And so that is very problematic. And so judicially, our Full Committee had a hearing in September regarding the SBA-led initiative, the SBIC program, another concern that we all have. Through that hearing, this Committee heard about significant delays coming from the Office of Investment and Innovation as it pertains to SBIC licenses, something else that is very concerning. I mean, ridiculous. I think it was a $1.8 million budget to service 40 loans as I recall. If we could broadcast this in lieu of impeachment conversations there would be an uprising among the taxpayers about the wasteful spending that is going on in this program right now. Has your office heard about these delays? And will your office investigate this matter? Mr. WARE. We have heard about the delays, and an audit of the SBIC program will be conducted in the next cycle. So which starts very soon. So in our 2020 cycle. It is something that we met about, particularly after reviewing the testimony on SBIC hearings. So it is next up. Mr. HERN. Well, again, it is very troubling to see how little had been done for the budget because really, the only amount that the person that was testifying, the director of that particular area could attest to was how much they had spent for his budget. Other than that he could not recall. He was dodging all of the questions that both sides of the aisle had for him. So it was very troubling. And, again, I thank you so much for what you are doing and I think, again, the taxpayers should demand full accountability, and they are. We need to have more of these hearings and oversight on a lot of things we are doing. So thank you so much. I yield back. Mr. WARE. Thank you very much. Chairwoman VELAZQUEZ. The gentleman yields back. The gentlelady, Ms. Finkenauer, the Chairwoman of the Subcommittee on Rural Development, Agriculture, Trade, and Entrepreneurship from Iowa is recognized for 5 minutes. Ms. FINKENAUER. Well, thank you, Madam Chair. And thank you so much, Mr. Ware, for being here again. It is good to see you. And I know as Inspector General, you are absolutely key to helping us identify wasteful spending, weed out fraud, and make sure that agencies run efficiently and effectively like they should. As members of this Committee, it is part of our job making sure that the Small Business Administration is working like it should. And obviously, the mission of the Small Business Administration and this Committee is to strengthen our economy through our small businesses and every program and process at the Small Business Administration should not only support that mission, obviously, but also be a good use of taxpayer dollars. And in your report, I know this has been touched on but I want to just again bring it up because it is really important. You mentioned an issue with the Women-Owned Small Business Federal Contracting Program, and I am concerned that this program has been left open to fraud and abuse from what we have seen. Currently, Federal contracts can be awarded to women- owned small businesses without competition. However, the law requires that businesses' eligibility must be certified by a third party such as a Federal agency, a state government, SBA's administrator, or a national certifying entity approved by the administrator. But SBA has gone ahead with awarding these contracts but never set up a certification program. As a result, we now know around $52 million has been awarded to firms that we do not know were eligible to have received a sole-source contract. This is not obviously very good for our small businesses or the taxpayers who expect that their tax dollars be spent responsibility. And Mr. Ware, can you help us with this a little bit and tell us why do you think the Small Business Administration did not set up a certification process when it began awarding these sole-source contracts? Mr. WARE. The ``why'' to that is a little tricky because, I mean, you get various things. Documentation is something different. But they really wanted to get this program going they said and, you know, that is basically what they are measured on. And we are coming in talking about oversight and controls. And hey, this has to go to the right people. We have to make sure that bad actors are not in our program. So it was at the expense of speed. Ms. FINKENAUER. Yeah. So it was more just about getting something done versus ensuring that it was done in the right way. Okay. So could you talk a little bit, too, so if we change this, how could swift implementation of a certification program so we get that thing done ensure that Federal contracts go to deserving small businesses? Mr. WARE. That is what our office is all about. Our office is trying to be proactive in terms of our approach to oversight. So not just coming in on the back end and constantly finding findings and millions of dollars went this way and millions went that way. We are trying to prevent the millions of dollars from going out, which is why this process is so important for them to implement in a timely manner. And we are still working with them on that, and they gave us some dates. They are talking, I think, March 2020, if I remember correctly. So it is looking like we will be making a shift in this area. Ms. FINKENAUER. So they are taking some of your recommendations to heart? Mr. WARE. I actually had the exact date of that somewhere in here. Ms. FINKENAUER. Okay. Well, if you find it later I would love to have it because this is something that matters a lot. I mean, women small business, you know, it is something we care a great deal about on this Committee and making sure that these programs that are set up are actually done in the right way and achieving the objective that we all up here believe in. It is just so important. So thank you so much for your work and looking into the things that need to be looked into. And did you find the date? Oh, I was going to say I saw by your face you might have found that date. That is totally fine if you did not. But just, you know, if you could follow up with that, that would be great. I think this is just, again, something we need to continue to keep our finger on and make sure that these things are getting done and these changes are made so these programs work the way that they should. Mr. WARE. Okay. Ms. FINKENAUER. Thank you, Mr. Ware. I really appreciate it. Good to see you. Mr. WARE. Thank you. All right. Good to see you, too. Chairwoman VELAZQUEZ. The gentlelady yields back. With that, I want to thank Mr. Ware for taking time out of his schedule to be with us today. This committee greatly appreciates the hard work the OIG is doing to identify critical challenges facing the SBA. Your office continues to shine a light on issues that demand attention from the SBA leadership and that demand continued oversight from this committee. While I am pleased to see progress being made in certain areas, the SBA needs to do more. This committee remains committed to working with the SBA in a bipartisan fashion to ensure these challenges are appropriately addressed. I do have another question to address to you, Mr. Ware. Does the OIG have trouble receiving documents that it requests from SBA? Mr. WARE. We do not. We have basically had an issue to deal with when the administration was brand new and we handled it. We have no issues receiving now. Chairwoman VELAZQUEZ. Thank you. Before we conclude, I would like to take this opportunity to express my deep disappointment in the SBA's lack of responsiveness to this committee's inquiries regarding the Women-Owned Small Business Contracting Program and the SCORE program. As I noted in my opening statement today, SBA has unreasonably delayed implementing the women certification process, a process that is required by law. While this delay is troubling, equally concerning is SBA's refusal to provide this committee answers to its legitimate oversight questions regarding this program. On June 19, a bipartisan letter was sent to Associate Administrator Rob Wong requesting information concerning the Women's Procurement Program, but today, almost 4 months later, SBA has failed to provide any response and it has given no indication of when a response may be expected. Moreover, on July 11, 2019, the Subcommittee on Investigations, Oversight, and Regulations held a hearing titled ``SBA Management and Oversight of SCORE,'' after which questions for the record were submitted to Associate Administrator Allen Gutierrez. Despite an August 1st deadline, the subcommittee has not received a response from the SBA. Therefore, I would like to submit for the record the June 19, 2019, letter to Associate Administrator Wong and the July 11, 2019, questions for the record on the SCORE program. Without objection, so ordered. I request on the record that SBA provide the committee a swift response to its questions. I call on SBA to work with this committee proactively in a bipartisan fashion to address the serious issues facing the agency. I would ask unanimous consent that members have 5 legislative days to submit statements and supporting materials for the record. Without objection, so ordered. If there is no further business to come before the committee, we are adjourned. Thank you. [Whereupon, at 12:42 p.m., the committee was adjourned.] A P P E N D I X [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]