[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.''.
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