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