Improve Management, Programs, Resources, and Oversight for Vital Entrepreneurs the SBA Act or the IMPROVE the SBA Act
This bill makes various changes to the Small Business Administration's (SBA) programs and operations, including prohibiting the SBA from making direct loans under the 7(a) Program and requiring annual appearances before Congress to provide information about the effectiveness of specified SBA programs.
The bill also prohibits the SBA from providing assistance under its programs to certain organizations, including (1) entities primarily engaged in lobbying, (2) entities established to conduct public policy research or advocacy, and (3) the Planned Parenthood Federation of America Inc. or its affiliates.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7628 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 7628
To increase oversight of and improve programs of the Small Business
Administration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2022
Mr. Luetkemeyer (for himself, Mr. Williams of Texas, Mr. Stauber, Mr.
Meuser, Ms. Tenney, Mr. Garbarino, Mrs. Kim of California, Ms. Van
Duyne, Mr. Donalds, Ms. Salazar, and Mr. Fitzgerald) introduced the
following bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To increase oversight of and improve programs of the Small Business
Administration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improve Management, Programs,
Resources, and Oversight for Vital Entrepreneurs the SBA Act'' or the
``IMPROVE the SBA Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--SMALL BUSINESS ADMINISTRATION OVERSIGHT
Sec. 101. Small Business Administration mission statement.
Sec. 102. Requirement for the Administrator of the Small Business
Administration to appear before Congress
and report on certain recommendations.
TITLE II--SMALL BUSINESS ADMINISTRATION CAPITAL PROGRAMS
Sec. 201. Prohibition on direct lending.
Sec. 202. Improvements to disaster lending.
Sec. 203. Disaster loan program oversight.
Sec. 204. High risk loan review.
Sec. 205. Capital Access Program oversight.
TITLE III--SMALL BUSINESS ADMINISTRATION COUNSELING PROGRAMS
Sec. 301. Appearances before Congress.
Sec. 302. Assistance for covered concerns in certain programs of the
Small Business Administration.
Sec. 303. Inclusion of career and technical education in certain
programs of the Small Business
Administration.
Sec. 304. Assistance for small businesses affected by supply chain
disruptions, labor shortages, and
cyberattacks.
Sec. 305. Requirements on use of assistance by resource partners.
TITLE IV--SMALL BUSINESS ADMINISTRATION CONTRACTING PROGRAMS
Sec. 401. Annual testimony.
Sec. 402. Improvements to accuracy in Federal small business spending.
Sec. 403. Strengthening subcontracting.
TITLE V--SMALL BUSINESS ADMINISTRATION DUPLICATION
Sec. 501. Eliminate programs duplicating private sector.
Sec. 502. Entrepreneurial development service limits.
Sec. 503. Limitation on new pilot programs until Inspector General
recommendations closed.
TITLE VI--PROHIBITION OF INELIGIBLE USE OF FUNDS
Sec. 601. Prohibition on certain small business concerns.
Sec. 602. Use of proceeds.
TITLE VII--ENSURE ALL SMALL BUSINESSES ARE SERVED
Sec. 701. Small business concern equal treatment.
TITLE VIII--INSPECTOR GENERAL OF THE SMALL BUSINESS ADMINISTRATION
Sec. 801. Clarification of the responsibilities of the Administrator
with respect to the Inspector General of
the Small Business Administration.
TITLE IX--OFFICE OF ADVOCACY
Sec. 901. Testimony of the Chief Counsel for Advocacy.
Sec. 902. Quarterly reports by the Chief Counsel for Advocacy.
Sec. 903. Amendment to primary functions and duties of the Office of
Advocacy of the Small Business
Administration.
TITLE X--SMALL BUSINESS ADMINISTRATION AS A REPRESENTATIVE OF SMALL
BUSINESSES
Sec. 1001. Economic headwinds report.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Small Business Administration.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term under section 3 of
the Small Business Act (15 U.S.C. 632).
TITLE I--SMALL BUSINESS ADMINISTRATION OVERSIGHT
SEC. 101. SMALL BUSINESS ADMINISTRATION MISSION STATEMENT.
(a) In General.--Section 2 of the Small Business Act (15 U.S.C.
631) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Aid for Agriculturally Related Industries; Financial
Assistance.--It is the declared policy of the Congress that--
``(1) the Federal Government, through the Small Business
Administration, should--
``(A) help Americans start, build, and grow
businesses;
``(B) advocate for small business concerns within
the Federal Government;
``(C) serve American small business concerns in a
prompt, effective, efficient, and prudent manner; and
``(D) aid, counsel, assist, and protect the
interests of small business concerns engaged in the
production of food and fiber, ranching, and raising of
livestock, aquaculture, and all other farming and
agricultural related industries; and
``(2) the financial assistance programs authorized by this
chapter are also to be used to assist such concerns.''; and
(2) by adding at the end the following new subsection:
``(k) Mission Statement.--The Administrator shall establish a
mission statement based on the requirements of this section and publish
such mission statement prominently on the main webpage of the
Administration.''.
(b) Establishment of Performance and Outreach Metrics and
Targets.--Section 4 of the Small Business Act (15 U.S.C. 633) is
amended by adding at the end the following new subsection:
``(i) Effectiveness of Programs of the Administration.--
``(1) In general.--Except as provided in paragraph (4), not
later than 120 days after the date of the enactment of this
subsection, the Administrator shall--
``(A) establish a baseline measurement of the
effectiveness of the programs of the Administration;
and
``(B) develop metrics and targets to track, over
time, the effectiveness of such programs.
``(2) Subsequent programs.--Not later than the date on
which a program of the Administration is implemented, the
Administrator shall--
``(A) establish a baseline measurement of the
effectiveness of such program; and
``(B) develop metrics and targets to track, over
time, the effectiveness of such program.
``(3) Applicability.--Except as provided in paragraph (4),
not later than 60 days after the Administrator establishes the
measurement and develops the metrics and targets described in
paragraph (1) or (2), the Administrator shall apply the such
measurement, metrics, and targets to the programs of the
Administration.
``(4) Emergency measurements.--
``(A) Initial measurements.--In the event of an
emergency during the 120-day period beginning on the
date of the enactment of this subsection, the
Administrator shall develop, and apply the measurement,
metrics, and targets described in paragraph (1) to
programs of the Administration implemented prior to the
date of the enactment of this subsection--
``(i) not later than 30 days after the date
of the enactment of this subsection, if such
emergency began prior to the date of the
enactment of this subsection;
``(ii) not later than the earlier of 120
days after the enactment of this subsection or
30 days after the beginning of such emergency,
if such emergency began after the date of the
enactment of this subsection.
``(B) Subsequent programs.--During an emergency,
the Administrator shall apply the measurement, metrics,
and targets described in paragraph (2) to any program
implemented in response to the emergency, as determined
by the Administrator not later than 30 days after the
date on which such program is implemented.
``(C) Emergency defined.--In this paragraph, the
term `emergency' means--
``(i) a major disaster, as determined by
the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.);
``(ii) a natural disaster, as determined by
the Secretary of Agriculture pursuant to
section 321 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961), in which case,
subparagraph (A) shall apply only with respect
to programs of the Administration assisting
farm-related and nonfarm-related small business
concerns;
``(iii) a disaster, as determined by the
Administrator of the Small Business
Administration; and
``(iv) an emergency involving Federal
primary responsibility determined to exist by
the President under section 501(b) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5191(b)).''.
(c) Additional Annual Report Requirements.--Section 10 of the Small
Business Act (15 U.S.C. 639) is amended by inserting after subsection
(a) the following new subsection:
``(b) Additional Report Requirements.--The Administrator shall
include in the report required under subsection (a) information on each
of the principal activities of the Administration (including lending,
procurement, and entrepreneurial development programs) and the staff
(including contractors) assigned to carry out each such activity.''.
SEC. 102. REQUIREMENT FOR THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMINISTRATION TO APPEAR BEFORE CONGRESS AND REPORT ON
CERTAIN RECOMMENDATIONS.
(a) In General.--Section 10 of the Small Business Act (15 U.S.C.
639) is amended by adding at the end the following new subsection:
``(i) Appearances Before Congress.--Not later than 30 days after
the date on which the President submits the budget required under
section 1105(a) of title 31, United States Code, to Congress, the
Administrator shall appear before the Committee on Small Business of
the House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate to provide information on the activities
of the Administration as described in the budget.''.
(b) Report on Recommendations.--Section 10(e) of the Small Business
Act (15 U.S.C. 639) is amended--
(1) by inserting ``(1)'' before ``The Administration''; and
(2) by adding at the end the following new paragraph:
``(2) Report on Recommendations.--Beginning not later than 90 days
after the date of the enactment of this paragraph, and not later than
90 days after October 1 of each subsequent year, the Administrator
shall submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on any recommendations made by
the Inspector General or the Comptroller General of the United States
that the Administrator did not fully implement during the fiscal year
covered by the report.''.
TITLE II--SMALL BUSINESS ADMINISTRATION CAPITAL PROGRAMS
SEC. 201. PROHIBITION ON DIRECT LENDING.
(a) In General.--Notwithstanding any provision of subsection (a) of
section 7 of the Small Business Act (15 U.S.C. 636(a)), the
Administrator may not--
(1) directly make a loan pursuant to such subsection; or
(2) enter into an agreement to participate in a loan on an
immediate basis under such subsection.
(b) Existing Loans.--
(1) In general.--The Administrator shall service a covered
existing loan made or guaranteed under section 7(a) of the
Small Business Act (15 U.S.C. 636(b)) if such loan was made
before the date of the enactment of this Act.
(2) Covered existing loan defined.--In this subsection, the
term ``covered existing loan'' means a direct loan or a loan
with respect to which the Administrator entered into an
agreement to participate on an immediate basis.
SEC. 202. IMPROVEMENTS TO DISASTER LENDING.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)), as amended by this Act, is further amended--
(1) by striking paragraphs (6), (7), (10), (11), and (14);
(2) by redesignating paragraphs (8), (9), (12), (13), and
(15) as paragraphs (6), (7), (8), (9) and (10), respectively;
(3) by redesignating paragraph (16), as added by section
203(b), as paragraph (11);
(4) by redesignating paragraph (17), as added by section
205(b), as paragraph (12);
(5) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``(either directly or'';
(ii) by striking ``an immediate or'' and
inserting ``a'';
(iii) by striking ``basis) as the
Administration'' and inserting ``basis as the
bank or other lending institution'';
(iv) by striking ``That the Administration
may'' and inserting ``That the bank or other
lending institution, in consultation with the
borrower, may'';
(v) by striking ``if it determines'' and
inserting ``if the bank or other lending
institution determines''; and
(vi) in clause (iii), by adding ``and'' at
the end;
(B) in subparagraph (B)--
(i) by striking ``unless the
Administration'' and inserting ``unless the
bank or other lending institution''; and
(ii) by striking ``and'' at the end; and
(C) by striking subparagraph (C);
(6) in paragraph (2)--
(A) by striking ``(either directly or'';
(B) by striking ``an immediate or'' and inserting
``a'';
(C) by striking ``basis) as the Administration''
and inserting ``basis as the bank or other lending
institution'';
(D) by striking ``if the Administration
determines'' and inserting ``if the bank or other
lending institution determines'';
(E) by inserting ``the Administration determines''
after ``disaster and if''; and
(F) in the matter following subparagraph (E)--
(i) by striking ``unless the Administration
finds'' and inserting ``unless the bank or
other lending institution finds''; and
(ii) by striking ``and the Administrator
shall'' and inserting ``and the banks or other
lending institutions shall'';
(7) in paragraph (3)--
(A) in subparagraph (B)--
(i) by striking ``(either directly or'';
(ii) by striking ``an immediate or'' and
inserting ``a'';
(iii) by striking ``basis)'' and inserting
``basis''; and
(iv) by striking the period at the end and
inserting ``, as determined by the bank or
other lending institution.'';
(B) in subparagraph (C)--
(i) by striking ``The Administrator may''
and inserting ``A bank or other lending
institution may''; and
(ii) by striking ``by the Administrator''
and inserting ``by the bank or other lending
institution'';
(C) in subparagraph (E)--
(i) by striking ``, either directly or''
and all that follows through ``deferred
basis,''; and
(ii) by striking ``by the Administration,
in which case the Administration'' and
inserting ``by the bank or other lending
institution, in which case the bank or other
lending institution'';
(D) in subparagraph (G)--
(i) in clause (i), by striking ``the
Administrator'' and inserting ``a bank or other
lending institution''; and
(ii) in clause (ii), by striking ``The
Administrator'' and inserting ``The bank or
other lending institution''; and
(E) in subparagraph (H), by striking ``The
Administrator'' and inserting ``A bank or other lending
institution'';
(8) in paragraph (4)--
(A) by striking ``paragraph (9)'' each place it
appears and inserting ``paragraph (7)''; and
(B) in subparagraph (B)(ii), by striking ``the
Administrator'' and inserting ``a bank or other lending
institution'';
(9) in paragraph (5)--
(A) by striking ``paragraph (9)'' and inserting
``paragraph (7)''; and
(B) in subparagraph (G), by striking ``the
Administration'' and inserting ``banks or other lending
institutions'';
(10) in subparagraph (B) of paragraph (6), as so
redesignated, by striking ``The Administrator may, at the
discretion of the Administrator'' and inserting ``A bank or
other lending institution may, at the discretion of the bank or
other lending institution'';
(11) in subparagraph (C) of paragraph (7), as so
redesignated--
(A) in clause (i)--
(i) by striking ``(either directly or'';
(ii) by striking ``an immediate or'' and
inserting ``a'';
(iii) by striking ``basis)'' and inserting
``basis''; and
(iv) by striking ``as the Administrator
determines'' and inserting ``as the bank or
other lending institution determines''; and
(B) in clause (ii), by striking ``the Administrator
shall'' each place it appears and inserting ``the banks
or other lending institutions shall'';
(12) in subparagraph (A) of paragraph (8), as so
redesignated--
(A) by inserting ``a chapter of'' before ``the
Service Corps of Retired Executives''; and
(B) by striking ``any proposed consortium of such
individuals or entities'' and inserting ``Veteran
Business Outreach Centers'';
(13) in paragraph (9), as so redesignated, by striking
``Administrator'' each place it appears and inserting ``bank or
other lending institution'';
(14) by inserting after paragraph (12), as so redesignated,
the following new paragraphs:
``(13) Lenders.--
``(A) Compliance.--If the Administrator determines
that a bank or other lending institution knowingly
failed to comply with the underwriting standards for
loans guaranteed under this subsection or violated the
terms of the standard operating procedure agreement
between that bank or other lending institution and the
Administration, the Administrator shall take one or
more of the following actions:
``(i) Make loans made by the bank or other
lending institution ineligible to receive a
guarantee from the Administration under this
subsection.
``(ii) Exclude the bank or other lending
institution from participating in the Preferred
Lender Program for a period of not more than 5
years.
``(B) Fees.--
``(i) In general.--The Administrator may
not collect a guarantee fee under this
subsection.
``(ii) Origination fee.--With respect to a
loan guaranteed under this subsection, the
Administrator shall reimburse the bank or other
lending institution making such loan--
``(I) for a loan in amount that is
less than or equal to $50,000, an
amount equal to the lesser of--
``(aa) 50 percent of the
balance of the financing
outstanding at the time of
disbursement of such loan; or
``(bb) $2,500;
``(II) for a loan in an amount that
is greater than $50,000 and not greater
than $350,000, an amount equal to five
percent of the financing outstanding at
the time of disbursement of such loan;
or
``(III) for a loan in an amount
that is greater than or equal to
$350,000, an amount equal to three
percent of the financing outstanding at
the time of disbursement of such loan.
``(C) Documentation.--A bank or other lending
institution may use its own loan documentation for a
loan guaranteed by the Administrator under this
subsection.
``(D) Purchase of loans.--The Administrator may
enter into an agreement with a bank or other lending
institution to purchase any loan guaranteed under this
subsection.
``(E) Secondary markets.--
``(i) In general.--The Administrator shall
issue rules for the facilitation,
administration, and promotion of the sale of
loans guaranteed under this subsection in the
secondary market in the same manner as loans
made or guaranteed under subsection (a).
``(ii) Treatment.--The rules issued under
clause (i) shall provide that paragraphs
(1)(A)(ii) and (4)(B)(ii) of subsection (a)
shall apply with respect loans guaranteed under
this subsection in the same manner as such
paragraphs apply to loans made or guaranteed
under subsection (a).
``(F) Level of participation in guaranteed loans.--
In agreements to participate in loans on a deferred
basis under this subsection, such participation by the
Administration shall be equal to 95 percent of the
balance of the financing outstanding at the time of
disbursement of the loan.
``(G) Collateral requirements.--
``(i) In general.--Loans guaranteed under
this subsection in an amount greater than
$25,000 shall be secured to the extent
possible, as determined by the bank or other
lending institution.
``(ii) Lack of collateral.--A bank or
lending institution may not decline a loan
based on a lack of collateral, but such bank or
lending institution may require real estate
owned by the borrower as collateral.
``(iii) Lien on subject property.--A bank
or lending institution may also take a lien on
any residential property of the borrower with
respect to which the loan to be secured by such
lien is made.
``(14) Bank or other lending institution defined.--In this
subsection, the terms `bank or other lending institution' means
a lender authorized by the Administration to participate as a
lender under subsection (a), other than a small business
lending company or a non-Federally regulated lender (as such
terms are defined in section 3(r)).''; and
(15) in the flush left matter at the end--
(A) by striking ``the Administrator may consent''
and inserting ``the bank or other lending institution
may consent'';
(B) by striking ``the Administrator determines''
and inserting ``the bank or other lending institution
determines''; and
(C) by striking ``In agreements to participate''
and all that follows through ``to a disaster loan under
paragraph (1) (2) of this subsection.''.
(b) Private Disaster Loans.--Section 7(c) of the Small Business Act
(15 U.S.C. 636(c)) is repealed.
(c) Other Requirements.--Section 7 of the Small Business Act (15
U.S.C. 636) is amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``(except a loan under
subsection (b)'' after ``to this section''; and
(ii) by adding at the end ``The bank or
other lending institution that made a loan
under subsection (b) may further extend the
maturity of or renew such loan for additional
periods not to exceed ten years beyond the
period stated therein, if such extension or
renewal will aid in the orderly liquidation of
such loan.'';
(B) in paragraph (2), by striking ``person, firm,
or corporation'' and inserting ``bank or other lending
institution'';
(C) in paragraph (6)--
(i) by striking ``, either directly or'';
(ii) by striking ``on an immediate or
deferred (guaranteed) basis,'' and inserting
``a deferred (guaranteed) basis'';
(iii) by striking ``in which case the
Administration'' and inserting ``in which case
the bank or other lending institution that made
such loan'';
(iv) by striking ``That the Administration
shall not require'' and inserting ``That the
banks or other lending institutions shall not
require'';
(v) by striking ``(or such higher amount as
the Administrator determines appropriate in the
event of a disaster)'';
(vi) by striking ``That the Administrator,
in obtaining'' and inserting ``That the bank or
other lending institution, in obtaining''; and
(vii) by striking ``if the Administrator
determines'' and inserting ``if the bank or
other lending institution determines''; and
(D) by striking paragraph (8);
(2) in subsection (f)(1), by striking ``the Administrator''
and inserting ``the bank or other lending institution making
such a loan''; and
(3) in subsection (g), by striking ``the Administrator
shall'' and inserting ``neither the Administrator nor a bank or
other lending institution may''.
(d) Conforming Amendments.--The Small Business Act (15 U.S.C. 631)
is amended--
(1) in section 4(c)(2), by striking ``, (7(b)(7),
7(b)(8)''; and
(2) in section 40(b), by striking ``7(b)(9)'' and inserting
``7(b)(7)''.
(e) Repeal of Immediate Disaster Assistance Program.--Section 42 of
the Small Business Act (15 U.S.C. 657n) is repealed.
(f) Rules.--Not later than 120 days after the date of the enactment
of this Act, the Administrator shall issue rules for making loans under
section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as amended
by this section.
(g) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (d) shall take effect on the date that is three
years after the date of the enactment of this Act.
(2) Interim loan authority.--During the period beginning on
the date the Administrator issues the rules required under
subsection (f) and ending three years after the date of the
enactment of this Act, loans may be made under section 7(b) of
the Small Business Act (15 U.S.C. 636(b)) as if the amendments
made by subsections (a), (b), (c), and (d) were in effect.
SEC. 203. DISASTER LOAN PROGRAM OVERSIGHT.
(a) Administration Oversight.--
(1) In general.--With respect to loans made under section
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)), other
than loans made pursuant to section 202(g)(2) of this Act, the
Administrator shall take such action as necessary to--
(A) establish or strengthen controls to ensure that
loan proceeds are deposited in a legitimate account of
a borrower;
(B) ensure that any modification of a loan
application after lender approval of such loan is
reviewed by an employee of the Administration;
(C) establish or strengthen controls to--
(i) ensure that multiple loans are provided
only to eligible borrowers; and
(ii) prevent the erroneous duplication of
loans, including by establishing a system to
verify the identity of a borrower using photo
identification;
(D) verify the applicant is a legitimate borrower
with the appropriate State or local agency through tax
returns, documentation relating to incorporation or
status as a nonprofit organization, or another method;
(E) ensure that two employees of the Administration
approve each application for such loans and eliminate
any processes of the Administration that allow for
simultaneous approval of multiple loan applications;
(F) require an individual employee of the
Administration to contact applicants who submit
multiple loan applications from the same Internet
Protocol addresses, email addresses, or physical
addresses, or with the same bank account numbers, to
verify eligibility of such applicants;
(G) ensure that such borrower is not included on
the ``Do Not Pay List'' of the Department of the
Treasury (as described under section 3354 of title 31,
United States Code);
(H) prevent duplicate loan applications with the
same employer identification number or social security
number; and
(I) establish a system to prevent disbursement of
such loans to applicants that submit more than one loan
application with the same employer identification
number, social security number, email addresses,
physical addresses, or bank account number, or from the
same Internet Protocol address.
(2) Sunset.--This subsection shall terminate on the date
that is three years after the date of the enactment of this
Act.
(b) Audit Plan.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting after paragraph (15) the following new
paragraph:
``(16) Audit plan.--
``(A) In general.--Not later than 90 days after the
date of the enactment of this paragraph, the
Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a plan for auditing covered loans,
including--
``(i) the policies and procedures that the
Administrator shall use to conduct audits of
such covered loans; and
``(ii) the metrics that the Administrator
shall use to determine which such covered loans
to audit.
``(B) Reports.--Not later than 30 days after the
date on which the Administrator submits the plan
required by subparagraph (A), and each month
thereafter, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House
of Representatives a report on the audit activities of
the Administration with respect to covered loans under
this subsection, including--
``(i) the number of active reviews and
audits;
``(ii) the results of completed reviews and
audits; and
``(iii) any substantial changes to the plan
submitted under subparagraph (A).
``(C) Covered loan defined.--In this paragraph, the
term `covered loan' means a loan made--
``(i) under this subsection; and
``(ii)(I) pursuant to section 202(g)(2) of
the IMPROVE the SBA Act; or
``(II) not earlier than the date that is
three years after the date of the enactment of
this paragraph.''.
SEC. 204. HIGH RISK LOAN REVIEW.
Section 47(c)(2) of the Small Business Act (15 U.S.C. 657t(c)(2))
is amended--
(1) by striking ``shall be responsible'' and inserting the
following: ``shall--
``(A) be responsible'';
(2) by striking ``participants.'' and inserting
``participants; and'';
(3) by adding at the end the following new subparagraph:
``(B) establish a separate process for the
oversight of such lenders and participants with respect
to a loan made in an amount greater than or equal to
$500,000 for which the borrower of such loan defaulted
within the first 18 months after the initial
disbursement of such loan.''.
SEC. 205. CAPITAL ACCESS PROGRAM OVERSIGHT.
(a) Guaranteed Lending Programs.--Section 47 of the Small Business
Act (15 U.S.C. 657t) is amended by adding at the end the following new
subsection:
``(j) Congressional Testimony.--Not later than the date that is 120
days after the date of the enactment of this subsection, and not less
frequently than annually thereafter, the Associate Administrator of the
Office of Capital Access of the Administration and the Director shall
testify before the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House of
Representatives regarding the state of lending under sections 7(a) and
7(m) of this Act and under section 503 of the Small Business Investment
Act of 1958, including programs under which loans are made pursuant to
such sections.''.
(b) Disaster Lending Programs.--Section 7(b) of the Small Business
Act (15 U.S.C. 636(b)), as amended by section 203(b), is further
amended by inserting after paragraph (16) the following new paragraph:
``(17) Congressional testimony.--Not later than the date
that is 120 days after the date of the enactment of this
paragraph, and not less frequently than annually thereafter,
the Associate Administrator of the Office of Disaster
Assistance shall testify before the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the state of
lending under this subsection, including programs under which
loans are made pursuant to this subsection.''.
(c) Small Business Investment Companies.--Section 308 of the Small
Business Investment Act of 1958 (15 U.S.C. 687) is amended by adding at
the end the following new subsection:
``(j) Congressional Testimony.--Not later than the date that is 120
days after the date of the enactment of this subsection, and not less
frequently than annually thereafter, the Associate Administrator of the
Office of Investment and Innovation shall testify before the Committee
on Small Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives regarding the state
of small business investment companies and the operations of the
Administration under this Act.''.
TITLE III--SMALL BUSINESS ADMINISTRATION COUNSELING PROGRAMS
SEC. 301. APPEARANCES BEFORE CONGRESS.
(a) Resource Partner Defined.--Section 3 of the Small Business Act
(15 U.S.C. 632) is amended by adding at the end the following new
subsection:
``(gg) Resource Partner.--The term `resource partner' means--
``(1) a small business development center;
``(2) a women's business center (as described in section
29);
``(3) a Veteran Business Outreach Center (as described
under section 32); or
``(4) a chapter of the Service Corps of Retired Executives
(as defined in section 8(b)(1)(B)).''.
(b) Metrics.--Not later than 60 days after the date of the
enactment of this Act, the Administrator shall establish metrics to
measure the effectiveness of the outreach of each resource partner (as
defined in subsection (gg) of section 3 of the Small Business Act (15
U.S.C. 632), as added by subsection (a)).
(c) Appearances Before Congress.--Section 10 of the Small Business
Act (15 U.S.C. 639), as amended by section 102(a), is further amended
by adding at the end the following new subsection:
``(j) Appearances Before Congress.--The Administrator or the
Associate Administrator for the Office of Entrepreneurial Development
shall annually appear before the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives to provide information on the
effectiveness of programs of resource partners, including a description
of, with respect to the year preceding the date of such appearance--
``(1) the number of small business concerns that
participate in each such program;
``(2) the number of small business concerns that benefit
from each such program;
``(3) the number of new small business concerns created
through the assistance of each such program;
``(4) the number of jobs created through the assistance of
each such program;
``(5) the number of trainings each such resource partner
hosted and the number of attendees at each such training; and
``(6) information on outreach to graduates from career and
technical education programs or programs of study, small
business concerns in rural areas (as such term is defined in
subsection (m)(11)), small business concerns located in
qualified opportunity zones (as defined in section 1400Z-1 of
the Internal Revenue Code of 1986), and small business concerns
with not more than 20 full-time employees.''.
SEC. 302. ASSISTANCE FOR COVERED CONCERNS IN CERTAIN PROGRAMS OF THE
SMALL BUSINESS ADMINISTRATION.
(a) Small Business Development Centers.--Section 21(c)(3)(N) of the
Small Business Act (15 U.S.C. 648(c)(3)(N)) is amended--
(1) in the matter preceding clause (i), by inserting ``,
small business concerns located in qualified opportunity zones
(as defined in section 1400Z-1 of the Internal Revenue Code of
1986), and small business concerns with not more than 20 full-
time employees (in this subparagraph referred to as `covered
concerns')'' after ``rural small businesses'';
(2) in clause (i), by striking ``market--'' and inserting
``market;'';
(3) in clause (ii), by striking ``rural small businesses''
and inserting ``covered concerns''; and
(4) in clause (iii), by striking ``rural small business
concerns'' and inserting ``covered concerns''.
(b) Women's Business Centers.--Section 29(b) of the Small Business
Act (15 U.S.C. 656(b)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following new paragraph:
``(4) assistance for rural small businesses, small business
concerns located in qualified opportunity zones (as defined in
section 1400Z-1 of the Internal Revenue Code of 1986), and
small business concerns with not more than 20 full-time
employees;''.
SEC. 303. INCLUSION OF CAREER AND TECHNICAL EDUCATION IN CERTAIN
PROGRAMS OF THE SMALL BUSINESS ADMINISTRATION.
(a) Career and Technical Education Defined.--Section 3 of the Small
Business Act (15 U.S.C. 632), as amended by section 301, is further
amended by adding at the end the following new subsection:
``(hh) Career and Technical Education.--The term `career and
technical education' has the meaning given the term in section 3 of the
Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).''.
(b) Small Business Development Centers.--Section 21(c)(3) of the
Small Business Act (15 U.S.C. 648(c)(3)) is amended--
(1) in subparagraph (T), by striking ``and'' at the end;
(2) in clause (v) of the first subparagraph (U) (relating
to succession planning), by striking the period at the end and
inserting a semicolon;
(3) by redesignating the second subparagraph (U) (relating
to training on domestic and international intellectual property
protections) as subparagraph (V);
(4) in clause (ii)(II) of subparagraph (V), as so
redesignated, by striking the period at the end and inserting a
semicolon; and
(5) by adding at the end the following new subparagraphs:
``(W) assisting small businesses in hiring
graduates from career and technical education programs
or programs of study;
``(X) assisting graduates from career and technical
education programs or programs of study in starting up
a small business concern.''.
(c) Women's Business Centers.--Section 29(b) of the Small Business
Act (15 U.S.C. 656(b)), as amended by section 302, is further amended
by adding at the end the following new paragraphs:
``(5) assistance for small business concerns to hire
graduates from career and technical education programs or
programs of study; and
``(6) assistance for graduates of career and technical
education programs or programs of study to start up a small
business concern.''.
SEC. 304. ASSISTANCE FOR SMALL BUSINESSES AFFECTED BY SUPPLY CHAIN
DISRUPTIONS, LABOR SHORTAGES, AND CYBERATTACKS.
Section 21(a) of the Small Business Act (15 U.S.C. 648(a)) is
amended by adding at the end the following new paragraph:
``(9) Assistance for small businesses affected by supply
chain disruptions, labor shortages, and cyberattacks.--The
Administrator shall use, as the Administrator determines
appropriate, resource partners to provide business counseling
and training to any small business concern adversely affected
by supply chain disruptions, labor shortages, and
cyberattacks.''.
SEC. 305. REQUIREMENTS ON USE OF ASSISTANCE BY RESOURCE PARTNERS.
(a) In General.--The following requirements shall apply with
respect to any covered assistance provided to a resource partner by the
Small Business Administration:
(1) Notwithstanding any other provision of law, a resource
partner may use not more than an amount equal to 10 percent of
the annual budget of such resource partner for marketing
(including website development and maintenance) for upcoming
events or counseling opportunities for small business concerns.
(2) A resource partner may not use any amounts provided
through any such covered assistance for fundraising for a
political entity or a nonprofit organization.
(b) Termination.--The Administrator shall terminate covered
assistance if amounts provided through such covered assistance are used
in violation of subsection (a)(2).
(c) Applicability.--This section and the requirements of this
section shall apply--
(1) with respect to covered assistance that is a grant or a
prize, that is provided on or after the date of the enactment
of this Act; and
(2) with respect to covered assistance that is a
cooperative agreement or a contract, that is entered into on or
after the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) Covered assistance.--The term ``covered assistance''
means financial assistance in the form of a grant, prize,
cooperative agreement, or contract.
(2) Resource partner.--The term ``resource partner'' has
the meaning given such term in section 3 of the Small Business
Act (15 U.S.C. 632), as amended by this Act.
TITLE IV--SMALL BUSINESS ADMINISTRATION CONTRACTING PROGRAMS
SEC. 401. ANNUAL TESTIMONY.
Section 10 of the Small Business Act (15 U.S.C. 639), as amended by
section 301(c), is further amended by adding at the end the following
new subsection:
``(k) Appearances Before Congress.--The head of the Office of
Government Contracting and Business Development of the Small Business
Administration shall annually appear before the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate to provide information on
the effectiveness of Federal procurement programs operated by the
Administration, including--
``(1) the number of small business concerns that
participate in each such program;
``(2) the number of contracts and total dollar amount
awarded through a competition restricted to small business
concerns under each such program;
``(3) the number of sole source contracts and total dollar
amount awarded to small business concerns under each such
program;
``(4) a description of assistance provided by the
Administration or resource partners to small business concerns
that participate in each such program; and
``(5) any other data relating to tracking the long-term
success and growth of small business concerns that participate
in such programs.''.
SEC. 402. IMPROVEMENTS TO ACCURACY IN FEDERAL SMALL BUSINESS SPENDING.
Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is
amended by adding at the end the following new paragraph:
``(4) Limitation on credit for meeting contracting goals.--
``(A) In general.--A Federal agency may allocate
credit for a single prime contract not more than two
times for purposes of demonstrating compliance with the
Governmentwide goals established under paragraph
(1)(A).
``(B) Allocation of credit.--The first allocation
of credit described in subparagraph (A) shall be
applied toward the goal described in paragraph
(1)(A)(i). A second allocation of such credit shall be
applied as follows:
``(i) If the prime contract was awarded
pursuant to a requirement to set aside such
prime contract for a small business concern
described in clause (ii), (iii), (iv), or (v)
of paragraph (1)(A), the credit shall be
applied toward the goal described in the
appropriate clause that corresponds with the
award.
``(ii) If the prime contract was not
awarded pursuant to a requirement to set aside
such prime contract for a small business
concern described in clause (ii), (iii), (iv),
or (v) of paragraph (1)(A), the credit shall be
applied toward any applicable goal described in
such paragraph (1)(A).
``(C) Credit defined.--In this paragraph, the term
`credit' means the value of a prime contract.''.
SEC. 403. STRENGTHENING SUBCONTRACTING.
(a) Information on First Tier Subcontractors.--Section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end
the following new paragraph:
``(18) Information on first tier subcontractors.--
``(A) In general.--Not later than seven days after
a prime contractor awards a subcontract to a first tier
subcontractor that is small business concern under a
contract with respect to which such prime contractor is
required to develop a subcontracting plan under
paragraph (4) or (5), the prime contractor shall
provide to the contracting officer for such contract--
``(i) a list of all first tier
subcontractors for such contract that are small
business concerns; and
``(ii) the contact information described in
subparagraph (B).
``(B) Contact information.--Not later than three
days before the date on which a prime contractor is
required to provide information for a contract to a
contracting officer under subparagraph (A), each first
tier subcontractor of such prime contractor for such
contract shall provide to such prime contractor contact
information that is--
``(i) for an individual in the employ of
such subcontractor; and
``(ii) unrelated to any relationship of the
subcontractor with the prime contractor as a
subcontractor.''.
(b) Questionnaire on Prime Contractor Engagement With Certain
Subcontractors.--
(1) Development.--The Administrator shall develop a
questionnaire to collect feedback from first tier
subcontractors that are small business concerns regarding the
engagement of a prime contractor with such subcontractor during
the performance of a subcontract the prime contractor awarded
to such subcontractor.
(2) Availability.--The Administrator shall make such
questionnaire available to Federal agencies.
(3) Use of questionnaires.--
(A) In general.--Each head of a Federal agency
shall require contracting officers for such Federal
agency to--
(i) distribute to first tier subcontractors
that are small business concerns voluntary
questionnaires regarding the engagement of a
prime contractor with such subcontractor during
the performance of a subcontract the prime
contractor awarded to such subcontractor; and
(ii) collect such questionnaires from such
first tier subcontractors that elect to respond
to such questionnaires.
(B) Past performance record.--A contracting officer
may use such questionnaires in any system used by the
Federal Government to monitor or record past
performance of the prime contractor.
(4) Confidentiality.--A contracting officer shall not
disclose the contents of a questionnaire described in paragraph
(1) to the prime contractor for the contract to which such
questionnaire relates unless the respondent to such
questionnaire consents to such disclosure.
(5) Definitions.--In this subsection, the terms ``Federal
agency'', ``first tier subcontractor'', and ``prime
contractor'' have the meanings given, respectively, in section
3 of the Small Business Act (15 U.S.C. 632).
(c) Enhancing Subcontracting Reporting Accountability.--Section
8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended--
(1) in paragraph (7)(B), by adding at the end the
following:
``The timeliness with which a contractor submits reports
required pursuant to paragraph (6)(E) shall be considered in
any past performance evaluation of such contractor undertaken
by the agency.''; and
(2) in paragraph (9)--
(A) in subparagraph (A), by adding ``or'' at the
end;
(B) in subparagraph (B), by striking ``or'' at the
end;
(C) by striking subparagraph (C);
(D) by striking ``may be considered'' and inserting
``shall be considered''; and
(E) by adding after ``contract.'' the following:
``The failure of any contractor or subcontractor to
comply with assurances provided under paragraph (6)(E)
shall be considered a material breach of the relevant
contract or subcontract and shall negatively affect any
past performance evaluations of the contractor or
subcontractor if the contractor or subcontractor did
not correct such failure.''.
TITLE V--SMALL BUSINESS ADMINISTRATION DUPLICATION
SEC. 501. ELIMINATE PROGRAMS DUPLICATING PRIVATE SECTOR.
(a) Community Navigator Pilot Program.--Section 5004(d) of the
American Rescue Plan Act of 2021 (15 U.S.C. 9013(d)) is amended by
striking ``December 31, 2025'' and inserting ``the date of the
enactment of the IMPROVE the SBA Act''.
(b) Growth Accelerators Fund Competition Program.--The
Administrator may not carry out the Growth Accelerators Fund
Competition program or any similar program or initiative not
specifically authorized by law.
(c) Regional Innovation Clusters Initiative.--The Administrator may
not carry out the Regional Innovation Clusters initiative or any
similar program or initiative not specifically authorized by law.
SEC. 502. ENTREPRENEURIAL DEVELOPMENT SERVICE LIMITS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 49 as section 51; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
``Notwithstanding any other provision of law, the Administrator
shall only deliver entrepreneurial development services and
entrepreneurial education through a program authorized under section
7(j), 7(m), 8(a), 8(b)(1), 21, 22, 29, or 32 of this Act.''.
SEC. 503. LIMITATION ON NEW PILOT PROGRAMS UNTIL INSPECTOR GENERAL
RECOMMENDATIONS CLOSED.
Paragraph (3) of section 10(e) of the Small Business Act (15 U.S.C.
639(e)), as added by section 801(b), is amended by adding at the end
the following new subparagraph:
``(D) Limit on new pilot programs.--The
Administrator may not begin any new pilot program not
specifically authorized by Congress unless, with
respect to each recommendation made to the
Administration by the Inspector General of the Small
Business Administration, the Administrator has--
``(i) made the determination described in
subparagraph (A);
``(ii) submitted the report required under
subparagraph (C); and
``(iii) if the Administrator determines to
implement such recommendation--
``(I) implemented the
recommendation; and
``(II) submitted to the Inspector
General sufficient evidence of such
corrective action, as determined by the
Inspector General.''.
TITLE VI--PROHIBITION OF INELIGIBLE USE OF FUNDS
SEC. 601. PROHIBITION ON CERTAIN SMALL BUSINESS CONCERNS.
(a) In General.--The Administrator may not provide assistance under
any program of the Administration to the following:
(1) An entity primarily engaged in lobbying activities, as
defined in section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602).
(2) An entity established for the purpose of conducting
public policy research or for engaging in policy advocacy or
political strategy, or that otherwise is known as a ``think
tank''.
(3) An entity--
(A) organized under the laws of the People's
Republic of China or the Special Administrative Region
of Hong Kong;
(B) for which the headquarters or the principal
place of business is located in the People's Republic
of China, including the Special Administrative Region
of Hong Kong;
(C) for which an entity described in subparagraph
(B) owns or holds, directly or indirectly, not less
than 20 percent of the economic interest of the
business concern or entity, including as equity shares
or a capital or profit interest in a limited liability
company or partnership; or
(D) that retains, as a member of the board of
directors of the entity, an individual who is a
resident of the People's Republic of China, including
the Special Administrative Region of Hong Kong.
(4) A person required to submit a registration statement
under section 2 of the Foreign Agents Registration Act of 1938,
as amended (22 U.S.C. 612).
(5) A labor organization that is described in section
501(c)(5) of the Internal Revenue Code of 1986 and that is
exempt from taxation under section 501(a) of such Code.
(6) The Planned Parenthood Federation of America, Inc., or
any affiliate or clinic of Planned Parenthood Federation of
America, Inc.
(7) A person convicted of an offense relating to a
misdemeanor or felony assault of a law enforcement officer, or
convicted of a felony for actions during or in connection with
a riot that resulted in the destruction of a small business
concern (as defined under section 3 of the Small Business Act
(15 U.S.C. 632)).
SEC. 602. USE OF PROCEEDS.
The proceeds of a loan made or guaranteed by the Administrator may
not be used for the following:
(1) Prepayment of commercial debt.
(2) Repayment of Federal debt obligations.
TITLE VII--ENSURE ALL SMALL BUSINESSES ARE SERVED
SEC. 701. SMALL BUSINESS CONCERN EQUAL TREATMENT.
The Small Business Act (15 U.S.C. 631), as amended by section 502,
is further amended by inserting after section 49 the following new
section:
``SEC. 50. SMALL BUSINESS CONCERN EQUAL TREATMENT.
``(a) In General.--Except as provided in subsection (b) and
notwithstanding any other provision of law, the order in which any
assistance, benefit, or award offered by a program administered by or
under the authority of the Administration is provided to individuals
and entities eligible for such assistance, benefit, or award shall be
determined on a first-come, first-served basis.
``(b) Eligibility Determination.--For the purposes of a program
described in subsection (a), an individual or entity may not be
determined ineligible to apply for or receive any assistance, benefit,
or award provided under or through such a program solely on the basis
of a program requirement that only certain other individuals or
entities are eligible to apply for or receive such assistance, benefit,
or award in a specified period if, after such period, such individual
or entity would be so eligible.
``(c) Exclusions.--This section does not apply with respect to any
program under section 8(a), 8(d), 29, or 31, or any other procurement
program administered by or under the authority of the Administration.
``(d) Rules of Construction.--
``(1) Other program requirements.--Except as provided in
this section, nothing in this section may be construed as
modifying or eliminating any requirement of any program
described in subsection (a).
``(2) Applicability to subsequent law.--No provision of law
enacted after the date of the enactment of this section may be
construed as limiting, superceding, or otherwise affecting this
section, except to the extent that it does so by specific
reference to this section.''.
TITLE VIII--INSPECTOR GENERAL OF THE SMALL BUSINESS ADMINISTRATION
SEC. 801. CLARIFICATION OF THE RESPONSIBILITIES OF THE ADMINISTRATOR
WITH RESPECT TO THE INSPECTOR GENERAL OF THE SMALL
BUSINESS ADMINISTRATION.
(a) Implementation of Covered Recommendations.--
(1) In general.--Not later than 45 days after the date on
which the Inspector General of the Small Business
Administration issues a covered recommendation, the
Administrator shall determine whether to implement such covered
recommendation.
(2) Covered recommendation defined.--In this subsection,
the term ``covered recommendation'' means a recommendation made
by the Inspector General of the Small Business Administration
resulting from a situation for which the President declares--
(A) an emergency under section 501 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5191);
(B) a major disaster under section 401 of such Act
(42 U.S.C. 5170); or
(C) a national emergency under section 201(a) of
the National Emergencies Act (50 U.S.C. 1621(a)).
(b) Determinations on Recommendations.--Section 10(e) of the Small
Business Act (15 U.S.C. 639), as amended by section 102(b), is further
amended by adding at the end the following new paragraph:
``(3) Determinations on Recommendations.--
``(A) In general.--Not later than 10 days after the date on
which the Inspector General issues a recommendation, the
Administrator shall make a determination whether or not to
implement such recommendation.
``(B) Implementation.--Not later than 90 days after the
date on which the Administrator makes a determination to
implement a recommendation described under subparagraph (A),
the Administrator shall fully implement such recommendation.
``(C) Report.--Not later than 90 days after the date on
which the Administrator makes a determination under
subparagraph (A), the Administrator shall submit to the
Inspector General a report describing the reasoning for the
determination.''.
(c) Report on Fraud Recoupment.--Section 10 of the Small Business
Act (15 U.S.C. 639), as amended by this Act, is further amended by
adding at the end the following new subsection:
``(l) Report on Fraud Recoupment.--Not later than the date that is
3 months after the end of the fiscal year in which this subsection is
enacted, and not later than the date that is three months after the end
of each fiscal year thereafter, the Inspector General of the Small
Business Administration shall submit to the Committee on Small Business
of the House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report on the dollar amount and
incidence of fraud recoupment for the Administration for the fiscal
year preceding the date of the report.''.
TITLE IX--OFFICE OF ADVOCACY
SEC. 901. TESTIMONY OF THE CHIEF COUNSEL FOR ADVOCACY.
The Chief Counsel for Advocacy of the Small Business Administration
shall annually appear before the Committee on Small Business of the
House of Representatives and the Committee on Small Business and
Entrepreneurship of the Senate after each report submitted under
section 612(a) of title 5, United States Code, to testify on such
report and any Federal agency rule that will have a significant
economic impact on a substantial number of small entities (as defined
under chapter 6 of such title), as determined by the Chief Counsel for
Advocacy of the Small Business Administration.
SEC. 902. QUARTERLY REPORTS BY THE CHIEF COUNSEL FOR ADVOCACY.
Section 206 of Public Law 94-305 (15 U.S.C. 634f) is amended--
(1) by striking ``The Chief Counsel'' and inserting the
following:
``(a) In General.--The Chief Counsel''; and
(2) by adding at the end the following new subsection:
``(b) Quarterly Reports.--The Chief Counsel shall publish a
quarterly economic report and analysis on a website of the Office of
Advocacy that includes metrics and analysis on inflation and labor and
business market conditions for the quarter covered by such report.''.
SEC. 903. AMENDMENT TO PRIMARY FUNCTIONS AND DUTIES OF THE OFFICE OF
ADVOCACY OF THE SMALL BUSINESS ADMINISTRATION.
(a) Primary Functions.--Section 202 of Public Law 94-305 (15 U.S.C.
634b) is amended--
(1) in paragraph (1), by inserting ``and the international
economy'' after ``economy'';
(2) in paragraph (3)--
(A) by inserting ``and compile in a public
repository'' after ``measure''; and
(B) by inserting ``and indirect'' after ``direct
costs'';
(3) in paragraphs (6) and (7), by inserting ``and rural
enterprises'' after ``minority enterprises'';
(4) in paragraph (8), by striking ``minority'' and
inserting ``minority enterprises, rural enterprises,'';
(5) in paragraph (9), by striking ``complete'' and
inserting ``compete''; and
(6) in paragraph (12), by striking ``serviced-disabled''
and inserting ``service-disabled''.
(b) Duties.--Section 203(a) of Public Law 94-305 (15 U.S.C. 634c)
is amended--
(1) in paragraph (3), by inserting ``and the Small Business
Investment Act of 1958'' after ``Small Business Act'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) represent the views and interests of small businesses
before foreign governments and international entities for the
purpose of contributing to regulatory and trade initiatives
which may affect small businesses.''.
TITLE X--SMALL BUSINESS ADMINISTRATION AS A REPRESENTATIVE OF SMALL
BUSINESSES
SEC. 1001. ECONOMIC HEADWINDS REPORT.
Section 10 of the Small Business Act (15 U.S.C. 639), as amended by
this Act, is further amended by adding at the end the following new
subsection:
``(m)(1) Not later than the date that is 120 days after the date of
the enactment of this subsection, and annually thereafter, the
Administrator shall submit to Congress a report on the effects on small
business concerns of--
``(A) the burden of regulatory compliance in the
most recently completed fiscal year prior to the date
on which such report is submitted;
``(B) an annual increase greater than two percent
in the Consumer Price Index for all-urban consumers,
United States city average, as published by the Bureau
of Labor Statistics, or if such index shall cease to be
published, any successor index or reasonable substitute
thereof; and
``(C) any increases by the Government in any
government spending or supplemental unemployment
benefits provided for by law in effect on the date of
the enactment of this subsection in the most recently
completed year prior to the date on which such report
is submitted.
``(2) During the three-year period beginning on the date of
the enactment of this Act, in addition to the information
described in subparagraphs (A) through (C) of paragraph (1),
the Administrator shall include in the report required under
such paragraph the following:
``(A) An analysis of the effects on small business
concerns of the social restrictions imposed by Federal,
State, or local governments in response to COVID-19,
including curfews, quarantines, capacity limits, and
social gathering restrictions.
``(B) An analysis of the effects on small business
concerns of increasing the corporate tax rate, the
individual tax rate, the capital gains rate, the
deduction under section 199A of the Internal Revenue
Code of 1986, and the estate tax, including by
eliminating the step up in basis.
``(C) An analysis of the effects on small business
concerns of an increase in the Federal minimum wage to
$15 per hour.
``(D) An analysis of the effects on small business
concerns of supply chain disruptions in the most
recently completed year prior to the date on which such
report is submitted.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
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