[Congressional Record Volume 167, Number 192 (Tuesday, November 2, 2021)]
[House]
[Pages H6092-H6093]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                     7(a) LOAN AGENT OVERSIGHT ACT

  Ms. VELAZQUEZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4531) to amend the Small Business Act to require a report on 
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. 4531

       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 ``7(a) Loan Agent Oversight 
     Act''.

     SEC. 2. REPORT ON 7(A) AGENTS.

       Section 47 of the Small Business Act (15 U.S.C. 657t) is 
     amended by adding at the end the following new subsection:
       ``(j) Annual Report.--
       ``(1) In general.--The Director shall submit to Congress, 
     in addition to the report required under subsection (h)(2), 
     an annual report including, for the calendar year covered by 
     the report--
       ``(A) the number of 7(a) agents assisting applicants for 
     loans under section 7(a), disaggregated by 7(a) agents who 
     are attorneys, accountants, consultants, packagers, and 
     lender service providers (as defined by section 103.1 of 
     title 13, Code of Federal Regulations);
       ``(B) the number of fraudulent loans made for which an 
     applicant used services of a 7(a) agent;
       ``(C) the purchase rate by the Administrator of loans for 
     which an applicant used services of a 7(a) agent;
       ``(D) the number and aggregate dollar value of referral 
     fees paid to 7(a) agents, disaggregated by whether the 
     applicant or 7(a) lender paid such fees;
       ``(E) without identifying individual 7(a) agents by name, a 
     consolidated analysis of the risk created by the individual 
     7(a) agents responsible for not less than 1 percent of--
       ``(i) the dollar value of loans made with the assistance of 
     7(a) agents; and
       ``(ii) the number of loans made with the assistance of 7(a) 
     agents;
       ``(F) an analysis of interest rates on loans for which an 
     applicant or 7(a) lender used services of an agent; and
       ``(G) a description of how the Administrator communicates 
     with 7(a) agents.
       ``(2) Definitions.--In this subsection:
       ``(A) 7(a) agent.--The term `7(a) agent' means a person who 
     provides covered services on behalf of a lender or applicant.
       ``(B) Covered services.--The term `covered services' 
     means--
       ``(i) 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
       ``(ii) consulting, broker, or referral services with 
     respect to a loan under section 7(a).''.

  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. 
4531, the 7(a) Loan Agent Oversight Act, companion legislation to H.R. 
4481, the Small Business 7(a) Loan Agent Transparency Act.
  While H.R. 4481 would establish a registration system for 7(a) loan 
agents, this bill requires SBA to submit a report to Congress assessing 
and analyzing the performance of 7(a) loans generated through loan 
agent activity.
  This analysis will include SBA's purchase rate for loans generated 
through loan agent activity, the aggregate dollar value of referral 
fees paid to agents either by borrowers or lenders, and the interest 
rates associated with these loans.
  The report will also include an analysis--without naming individual 
agents--of the risk created by individual agents responsible for 
generating at least 1 percent of the 7(a) portfolio.
  SBA's Office of Inspector General has repeatedly identified the 
increased risks to the 7(a) loan portfolio created by loan agents as 
the top agency management challenge and recommended the agency develop 
a system to register loan agents and monitor their performance.
  The IG's findings about loan agent activity are particularly 
troubling. In one instance a loan agent fraudulently originated $90 
million in 7(a) loans and received compensation from at least 19 
different lenders.
  Today's bills on 7(a) loan agent registration and oversight will go a 
long way in providing transparency and are long overdue.
  Once again, I want to sincerely thank Mr. Phillips and Mr. Meuser for 
identifying this issue and collaborating on a sensible solution.
  Mr. Speaker, I urge my colleagues to support this bill, and I reserve 
the balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I yield myself such time as I may 
consume and rise in support of H.R. 4531, the 7(a) Loan Agent Oversight 
Act.
  On October 15, 2021, the SBA's inspector general published a report 
titled ``Top Management and Performance Challenges Facing the Small 
Business Administration in Fiscal Year 2022.''
  In this report, the inspector general listed increased risks 
introduced by loan agents as one of the top issues the agency faces. 
Specifically, the report outlines approximately $335 million in 
documented and confirmed loan agent fraud within the program. This is 
unacceptable, Mr. Speaker, and Members of Congress must have more 
visibility into this program.
  H.R. 4531, the 7(a) Loan Agent Oversight Act, requires the SBA to 
perform a portfolio risk analysis on loans associated with agents. When 
this risk analysis is completed, Members will have more visibility into 
how loan agents interact with a government guaranteed loan program. 
American tax dollars must be protected, and H.R. 4531 makes important 
improvements to be able to do just that.
  I thank the gentleman from Pennsylvania (Mr. Meuser) and the 
gentleman from Minnesota (Mr. Phillips) for tackling this legislation 
head on.
  With my support and the Chair's support, H.R. 4531 was favorably 
reported out of our committee, and I encourage all Members to support 
this legislation.
  Mr. Speaker, 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 rise in support of my bill, H.R. 4531, the 
7(a) Loan Agent Oversight Act.
  First, I would like to thank Chairwoman Velazquez and Ranking Member 
Luetkemeyer for advancing this bill to the House floor. I would also 
like to thank the gentleman from Minnesota (Mr. Phillips) for working 
together on this important legislation.
  The 7(a) loan program is considered the flagship program of the SBA. 
It is an important tool for helping small firms gain access to capital. 
Unfortunately, the SBA's Office of Inspector General has highlighted a 
need for improved oversight of the 7(a) loan agents due to increased 
risk of fraud associated with these agents.
  To ensure that Congress can properly address these issues, we must 
have the information necessary to determine how to mitigate these 
risks. Without accurate information, we cannot perform the proper 
oversight that is needed to safeguard and protect American taxpayer 
dollars.
  My bill will ensure that Congress receives the data it needs to 
conduct proper oversight of the 7(a) loan program by requiring the SBA 
to develop and publish an annual portfolio risk analysis for Congress 
on loan agents that operate within the program. Specifically, the 
analysis will examine the number of fraudulent loans that are 
associated with the loan agents as well as the default rate of the 
loans associated with these agents.
  At the end of the day, these are government programs that were 
developed to assist small businesses in gaining access to capital. 
Given this important mission, Congress and the SBA must conduct the 
appropriate level of oversight.
  The information that will be provided to Congress under H.R. 4531 
will be paramount as we measure the effectiveness of these programs and 
whether the SBA has the correct oversight requirements in place to 
administer such a significant program.

[[Page H6093]]

  For that reason, I urge my colleagues to support H.R. 4531, the 7(a) 
Loan Agent Oversight Act.
  Ms. VELAZQUEZ. Mr. Speaker, I have no further speakers, and I am 
prepared to close. I reserve the balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I yield myself the balance of my time 
to close.
  Continued and ongoing fraud within any government program is 
unacceptable and must be addressed immediately. H.R. 4531 is a step in 
the right direction and will provide crucial information for Members of 
Congress as well as committee members as they continue to exercise 
necessary oversight of programs directed at small businesses and 
entrepreneurs.
  Mr. Speaker, I urge my colleagues to support H.R. 4531, and I yield 
back the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield myself the balance of my time.
  The two bills we are considering today go hand in hand and will also 
go a long way to enhance transparency in the 7(a) program.
  Over the last year, our committee has focused on relief programs, but 
we never lost sight of our traditional lending programs. Today, we turn 
our attention to the core SBA loan programs and ensure they are working 
as best as they can.
  The report required under this bill will help Congress and the public 
better understand the role loan agents play in the 7(a) program, 
whether they improve access to capital for entrepreneurs, and the 
impact of potential bad actors in this space, especially as it relates 
to portfolio risk.
  Though lenders bear primary responsibility for monitoring their 
agents, only SBA is positioned to aggregate loan agent portfolios, 
evaluate their performance, and inform lenders and policymakers about 
concerning program risks or trends.
  Once again, I want to salute the work of the gentleman from Minnesota 
(Mr. Phillips) and the gentleman from Pennsylvania (Mr. Meuser). I 
encourage all of 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. 4531.
  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.

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