II 

118TH CONGRESS 

1ST SESSION S. 1369 

To expand access to capital in underserved markets by providing resources 

for the Small Business Administration to approve additional Non-Federally Regulated Lenders to make business loans guaranteed by the Small 

Business Administration to small business concerns in low-income and 

moderate-income neighborhoods. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2023 

Mr. RUBIO introduced the following bill; which was read twice and referred 

to the Committee on Small Business and Entrepreneurship 

A BILL 

To expand access to capital in underserved markets by providing resources for the Small Business Administration 

to approve additional Non-Federally Regulated Lenders 

to make business loans guaranteed by the Small Business 

Administration to small business concerns in low-income 

and moderate-income neighborhoods. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Access to Small 

5 Business Lending Act of 2023’’. 


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1 SEC. 2. FAIR ACCESS TO SMALL BUSINESS LENDING. 

2 Section 7(a)(17) of the Small Business Act (15 

3 U.S.C. 636(a)(17)) is amended— 

4 (1) by striking ‘‘(17) The Administration’’ and 

5 inserting the following: 

6 ‘‘(17) AUTHORIZATION OF LENDERS.— 

7 ‘‘(A) IN GENERAL.—The Administration’’; 

8 and 

9 (2) by adding at the end the following: 

10 ‘‘(B) ACCESS TO CAPITAL FOR UNDER11 SERVED MARKETS.— 

12 ‘‘(i) DEFINITIONS.—In this subpara13 graph— 

14 ‘‘(I) the term ‘covered Non-Fed15 erally Regulated Lender’ means a 

16 Non-Federally Regulated Lender (as 

17 defined in section 120.10 of title 13, 

18 Code of Federal Regulations, or any 

19 successor thereto) that— 

20 ‘‘(aa) has not been approved 

21 to make loans guaranteed under 

22 this subsection; and 

23 ‘‘(bb) meets the applicable 

24 criteria for authorizing lenders to 

25 make loans guaranteed under 

26 this subsection; and 


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1 ‘‘(II) the term ‘low or moderate2 income neighborhood’ means a neigh3 borhood that is a low-income neigh4 borhood or a moderate-income neigh5 borhood, for the purposes of the Com6 munity Reinvestment Act of 1977 (12 

7 U.S.C. 2901 et seq.). 

8 ‘‘(ii) INITIATIVE.— 

9 ‘‘(I) IN GENERAL.—The Admin10 istrator, acting through the Office of 

11 Credit Risk Management, shall carry 

12 out an initiative to authorize covered 

13 Non-Federally Regulated Lenders to 

14 make loans guaranteed under this 

15 subsection that is targeted to expand16 ing the availability of loans guaran17 teed under this subsection to small 

18 business concerns that are located in 

19 a low or moderate-income neighbor20 hood. 

21 ‘‘(II) AUTHORITY.—Under the 

22 initiative under subclause (I), the Ad23 ministrator may not approve a cov24 ered Non-Federally Regulated Lender 

25 to only be eligible to make loans guarVerDate Sep 11 2014 23:56 May 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1369.IS S1369

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1 anteed under the Community Advan2 tage Pilot Program of the Administra3 tion. 

4 ‘‘(III) LENDERS.—A covered 

5 Non-Federally Regulated Lender that 

6 becomes authorized to make loans 

7 guaranteed under this subsection 

8 under the initiative under subclause 

9 (I) shall ensure that not less than 50 

10 percent of the loans made by the cov11 ered Non-Federally Regulated Lender 

12 that are guaranteed under this sub13 section are made to small business 

14 concerns that are located in a low or 

15 moderate-income neighborhood. 

16 ‘‘(iii) FUNDING.—For fiscal year 

17 2023, and each fiscal year thereafter, there 

18 is appropriated to the Administrator, out 

19 of any money in the Treasury not other20 wise appropriated, such sums as are nec21 essary to carry out the initiative under 

22 clause (ii).’’. 

Æ 


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