I 118THCONGRESS 1 STSESSION H. R. 449 To amend the Small Business Act to increase transparency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY24, 2023 Mr. B URCHETT(for himself, Mr. KIMof New Jersey, and Mr. FITZGERALD) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to increase transparency, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Microloan Trans-4 parency and Accountability Act of 2023’’. 5 SEC. 2. PORTFOLIO RISK ANALYSIS OF MICROLOANS. 6 Section 7(m)(10) of the Small Business Act (15 7 U.S.C. 636(m)(10)) is amended— 8 VerDate Sep 11 2014 02:26 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H449.IH H449 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 449 IH (1) by redesignating subparagraphs (A) through 1 (F) as clauses (i) through (vi), respectively, and ad-2 justing the margins accordingly; 3 (2) by amending clause (iv), as so redesignated, 4 to read as follows: 5 ‘‘(vi) the number, amount, and per-6 centage of microloans made by inter-7 mediaries to small business concerns— 8 ‘‘(I) that went into default in the 9 previous year; and 10 ‘‘(II) that were charged off in the 11 previous year by such inter-12 mediaries;’’; 13 (3) in clause (vi), as so redesignated, by strik-14 ing ‘‘and’’ at the end; 15 (4) by redesignating subparagraph (G) as 16 clause (xviii), and adjusting the margin accordingly; 17 (5) by striking ‘‘On November 1, 1995,’’ and all 18 that follows through ‘‘the following:’’ and inserting 19 the following: 20 ‘‘(A) I N GENERAL.—Beginning on Feb-21 ruary 1, 2023, and annually thereafter, the Ad-22 ministrator shall submit to the Committee on 23 Small Business and Entrepreneurship of the 24 Senate and the Committee on Small Business 25 VerDate Sep 11 2014 02:26 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H449.IH H449 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 449 IH of the House of Representatives, and make 1 available to the public on the website of the Ad-2 ministration, a report on the effectiveness of 3 the microloan program during the fiscal year 4 preceding the date of the report. Such report 5 shall include—’’; 6 (6) in subparagraph (A), as so designated, by 7 inserting after clause (vi) the following new clauses: 8 ‘‘(vii) the number and type of enforce-9 ment actions taken by the Administrator 10 against noncompliant intermediaries; 11 ‘‘(viii) an analysis of compliance by 12 intermediaries with the credit availability 13 requirements of paragraph (3)(E) for loans 14 in an amount greater than $20,000; 15 ‘‘(ix) the extent to which microloans 16 are provided to small business concerns in 17 rural areas; 18 ‘‘(x) the number of underserved bor-19 rowers, as defined by the Administration, 20 participating in the microloan program; 21 ‘‘(xi) the average rate of interest for 22 each microloan; 23 ‘‘(xii) the average amount of fees 24 charged for each microloan; 25 VerDate Sep 11 2014 02:26 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H449.IH H449 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 449 IH ‘‘(xiii) the average size of each 1 microloan, including— 2 ‘‘(I) the number of loans made in 3 an amount greater than $20,000; and 4 ‘‘(II) the average size and 5 charge-off rate of such loans; 6 ‘‘(xiv) the subsidy cost to the Admin-7 istration; 8 ‘‘(xv) the number and percentage of 9 microloans that were made to refinance 10 other loans; 11 ‘‘(xvi) the number and percentage of 12 microloans made to new program partici-13 pants and the number and percentage of 14 microloans made to previous program par-15 ticipants; 16 ‘‘(xvii) the average amount of tech-17 nical assistance grant monies spent on 18 each loan; and’’; and 19 (7) by adding at the end the following: 20 ‘‘(B) P RIVACY.—Each report submitted 21 under subparagraph (A) shall not contain any 22 personally identifiable information of any bor-23 rower.’’. 24 Æ VerDate Sep 11 2014 02:26 Jan 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H449.IH H449 pbinns on DSKJLVW7X2PROD with $$_JOB