[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[House]
[Pages H6090-H6092]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SMALL BUSINESS 7(a) LOAN AGENT TRANSPARENCY ACT

  Ms. VELAZQUEZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4481) to amend the Small Business Act to establish 
requirements for 7(a) agents, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4481

       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 ``Small Business 7(a) Loan 
     Agent Transparency Act''.

     SEC. 2. REQUIREMENTS FOR 7(A) AGENTS.

       (a) Office of Credit Risk Management Duties.--Section 47(b) 
     of the Small Business Act (15 U.S.C. 657t(b)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following new paragraph:
       ``(4) any 7(a) agent.''.
       (b) Enforcement Authority.--
       (1) Office of credit risk management.--Section 47(e) of the 
     Small Business Act (15 U.S.C. 657t(e)) is amended by 
     inserting ``or 7(a) agent'' after ``7(a) lender'' each place 
     such term appears.
       (2) Lender oversight committee.--Section 48(c)(2) of the 
     Small Business Act is amended by striking ``and any Lending 
     Partner or Intermediary participant'' and inserting ``, any 
     7(a) agent (as defined in section 47), or any Lending Partner 
     or Intermediary participant''.
       (c) Registration System.--Section 47 of the Small Business 
     Act (15 U.S.C. 657t) is amended by adding at the end the 
     following new subsections:
       ``(j) Registration System for 7(a) Agents.--
       ``(1) In general.--The Director shall establish a 
     registration system for 7(a) agents that assigns a unique 
     identifier to each 7(a) agent and collects data necessary for 
     the Director to submit the report required under paragraph 
     (4).
       ``(2) Requirements.--A 7(a) agent shall--
       ``(A) register in the system established under paragraph 
     (1) before providing covered services to a lender or 
     applicant; and
       ``(B) effective 1 year after the date of the enactment of 
     this subsection, submit an annual fee for such registration 
     to the Director.
       ``(3) Database.--The Director shall establish and maintain 
     an electronic database of the types of covered services 
     provided by each 7(a) agent.
       ``(k) Definitions.--In this section:
       ``(1) 7(a) agent.--The term `7(a) agent' means a person who 
     provides covered services on behalf of a lender or applicant.
       ``(2) Covered services.--The term `covered services' 
     means--
       ``(A) assistance with completing an application for a loan 
     under section 7(a) (including preparing a business plan, cash 
     flow projections, financial statements, and related 
     documents); or
       ``(B) consulting, broker, or referral services with respect 
     to a loan under section 7(a).''.
       (d) Effective Date.--This Act and the amendments made by 
     this Act shall take effect 6 months after the date of the 
     enactment of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Ms. Velazquez) and the gentleman from Missouri (Mr. 
Luetkemeyer) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Ms. VELAZQUEZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. VELAZQUEZ. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of the bill before us today, H.R. 
4481, the Small Business 7(a) Loan Agent Transparency Act.
  This bill would establish a registration system for 7(a) loan agents 
that assigns each a unique identifier and collects data to help SBA 
track and evaluate loan performance for loans generated through agent 
activity.
  Our committee has consistently heard from agency watchdogs about the 
increased risk associated with loans originated through loan agents.
  In October 2021, SBA's Office of Inspector General identified 
increased risk introduced by loan agents as one of the agency's top 
management and performance challenges facing the agency this fiscal 
year.
  H.R. 4481 addresses the IG's finding by establishing a registry and 
including loan agents as entities against which SBA's Office of Credit 
Risk Management may issue formal or informal enforcement actions.
  Earlier this Congress, our committee approved this bipartisan bill on 
a unanimous basis, and I am proud to support it again today.
  I applaud my colleagues, Mr. Phillips and Mr. Meuser, for identifying 
this issue and working together on a commonsense solution. I ask all of 
my colleagues to support this bill.
  Mr. LUETKEMEYER. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H6091]]

  Mr. Speaker, I rise in support of H.R. 4481, the Small Business 7(a) 
Loan Agent Transparency Act.
  I want to congratulate you, Mr. Speaker. Not many people can 
pronounce my last name, Luetkemeyer, but you did a great job today. 
Thank you very much.
  While small businesses across the Nation are bearing the burden of 
rising costs, supply chain issues, and labor shortages, they also 
continue to be challenged when accessing capital to build and grow 
their businesses.
  This committee remains committed to examining issues surrounding 
access to capital.
  The SBA's largest government guaranteed loan tool is the 7(a) loan 
program, which serves small businesses of all types throughout the 
Nation.
  Over the years, the role of loan agents within this program has ebbed 
and flowed. However, along the way, the SBA has not had a firm grasp on 
how these middlemen operate in the program.
  H.R. 4481 corrects this program by requiring more transparency within 
the program about loan agents who often connect small businesses to 
lenders and vice versa.
  I commend the gentleman from Minnesota (Mr. Phillips) and the 
gentleman from Pennsylvania (Mr. Meuser) for working in tandem to bring 
this issue to the forefront, as well as Ms. Tenney. I also would like 
to thank the Chair for working on this issue as well.
  H.R. 4481 will reinforce the integrity of the program and ensure that 
it continues to be a useful tool for small businesses moving forward.
  H.R. 4481 passed out of committee via voice vote. I urge all Members 
to support this legislation, Mr. Speaker, and I reserve the balance of 
my time.
  Ms. VELAZQUEZ. Mr. Speaker, I reserve the balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I yield such time as he may consume to 
the gentleman from Pennsylvania (Mr. Meuser).
  Mr. MEUSER. Mr. Speaker, I want to thank Ranking Member Luetkemeyer 
very much, as well as Chairwoman Velazquez, for working on this bill.
  Mr. Speaker, I rise in support of H.R. 4481, the Small Business 7(a) 
Loan Agent Transparency Act, introduced by my colleague, Mr. Phillips 
of Minnesota.
  In fiscal year 2020, the SBA's 7(a) loan program made approximately 
42,000 loans, totaling over $22 billion, providing creditworthy small 
businesses access to capital they could not obtain elsewhere. In some 
cases, these loans are facilitated by third-party loan agents. These 
loan agents can be attorneys, accountants, consultants, or others who 
assist a lender or borrower with their loan.
  As recent as last year, the SBA's Office of Inspector General issued 
reports highlighting the need for the SBA to improve its oversight of 
loan agents. The SBA's OIG cited at least 22 cases of confirmed loan 
agent fraud, totaling at least $335 million in taxpayer money.

  This bill addresses bipartisan concerns with third-party loan agents 
involved in the SBA 7(a) loan program by creating a registration system 
for loan agents that can be used to track and evaluate performance of 
loans generated by loan agents.
  I would like to thank Congressman Phillips for working with me to 
address the role loan agents play in this program and ensure that both 
Congress and the SBA remain good stewards of taxpayer dollars.
  I look forward to continuing to work in a bipartisan manner to ensure 
the SBA has the correct procedures in place for the growing number of 
loan agents within its flagship 7(a) loan program.
  I am pleased to be a cosponsor of this legislation, and I urge a 
``yes'' vote.
  Ms. VELAZQUEZ. Mr. Speaker, I reserve the balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I yield such time as she may consume to 
the gentlewoman from New York (Ms. Tenney).
  Ms. TENNEY. Mr. Speaker, I thank Chairwoman Velazquez and Ranking 
Member Luetkemeyer, as well as Representative Phillips and 
Representative Meuser, the cosponsors of H.R. 4481, the Small Business 
7(a) Loan Agent Transparency Act, for their work on this bill.
  The Small Business Administration's 7(a) loan program leverages the 
private sector and community banks to expand capital to small 
businesses at affordable rates. Throughout my district, this program 
has provided countless small businesses the resources they need to 
expand their operations and hire additional employees. Small businesses 
still dominate in my district.
  Today, these loans have taken on even more importance, allowing 
employers to stay solvent through the pandemic. Overwhelming bipartisan 
majorities in Congress have voted to increase the size and loan limit 
of the program because of its vital importance.

                              {time}  1315

  These past 2 years have also shown us there is still room for 
improvement. While the SBA can currently track loans originating from 
lenders, it cannot do the same for loans originating from loan brokers 
or agents. That lack of transparency must be addressed.
  That is why I support H.R. 4481, the 7(a) Loan Agent Transparency 
Act. The bill will correct this shortcoming and protect the 7(a) loan 
program and taxpayer funds. As an outspoken advocate for transparency 
and New York taxpayers, I am pleased to see this legislation move 
forward.
  This bill will allow SBA to evaluate the performance of loan agents, 
permitting businesses and policymakers to see who is most effective in 
helping employers secure financing. It will also make it easier for SBA 
to spot fraud and track bad actors who abuse taxpayer resources.
  I urge my colleagues to stand with small business owners and 
taxpayers today and pass the bipartisan 7(a) Loan Agent Transparency 
Act.
  Ms. VELAZQUEZ. Mr. Speaker, I have no further speakers at this time, 
and I reserve the balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I yield myself the balance of my time 
to close.
  Mr. Speaker, we have an oversight duty to ensure programs are 
operating effectively and efficiently. Congress must also ensure 
taxpayer dollars are protected and safeguarded against waste, fraud and 
abuse.
  Loan agents within the 7(a) program require more transparency, and 
this bill delivers on this important topic.
  I can assure you that as a result of IG reports, this is a necessary 
part of our process, and we must continue to provide the kind of 
oversight that is necessary. Loan agents can be very helpful, but there 
are always a few bad apples. We need this transparency to be able to 
protect the integrity of this program and taxpayer dollars.
  Mr. Speaker, I urge my colleagues to support H.R. 4481, and I yield 
back the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield myself the balance of my time.
  As the small business economy continues its recovery, we have an 
opportunity to optimize SBA's flagship capital access program.
  Today's legislation improves SBA's ability to oversee the loan agents 
in the 7(a) program and empowers the agency to hold noncompliant agents 
accountable.
  Currently SBA's Office of Credit Risk Management conducts loan agent 
oversight as part of its periodic lender reviews, not directly through 
the agents themselves.
  The registry established under this bill will improve SBA's ability 
to conduct more targeted oversight over the 7(a) loan agents.
  I applaud the gentleman from Minnesota (Mr. Phillips) and the 
gentleman from Pennsylvania (Mr. Meuser) for their bipartisan work to 
improve the 7(a) program. I urge my colleagues to vote ``yes,'' and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Velazquez) that the House suspend the 
rules and pass the bill, H.R. 4481.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CLOUD. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

[[Page H6092]]

  

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