[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 364 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 364

To improve certain loan programs of the Small Business Administration, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 1999

  Mr. Bond (for himself, Mr. Kerry, and Mr. Lieberman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Small Business

_______________________________________________________________________

                                 A BILL


 
To improve certain loan 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 ``Small Business Investment 
Improvement Act of 1999''.

SEC. 2. SBIC PROGRAM.

    (a) In General.--Section 308(i)(2) of the Small Business Investment 
Act of 1958 (15 U.S.C. 687(i)(2)) is amended by adding at the end the 
following: ``In this paragraph, the term `interest' includes only the 
maximum mandatory sum, expressed in dollars or as a percentage rate, 
that is payable with respect to the business loan amount received by 
the small business concern, and does not include the value, if any, of 
contingent obligations, including warrants, royalty, or conversion 
rights, granting the small business investment company an ownership 
interest in the equity or increased future revenue of the small 
business concern receiving the business loan.''.
    (b) Funding Levels.--Section 20 of the Small Business Act (15 
U.S.C. 631 note) is amended--
            (1) in subsection (d)(1)(C)(i), by striking 
        ``$800,000,000'' and inserting ``$1,200,000,000''; and
            (2) in subsection (e)(1)(C)(i), by striking 
        ``$900,000,000'' and inserting ``$1,500,000,000''.
    (c) Definitions.--
            (1) Small business concern.--Section 103(5) of the Small 
        Business Investment Act of 1958 (15 U.S.C. 662(5)) is amended--
                    (A) by redesignating subparagraphs (A) through (C) 
                as clauses (i) through (iii), and indenting 
                appropriately;
                    (B) in clause (iii), as redesignated, by adding 
                ``and'' at the end;
                    (C) by striking ``purposes of this Act, an 
                investment'' and inserting the following: ``purposes of 
                this Act--
                    ``(A) an investment''; and
                    (D) by adding at the end the following:
                    ``(B) in determining whether a business concern 
                satisfies net income standards established pursuant to 
                section 3(a)(2) of the Small Business Act, if the 
                business concern is not required by law to pay Federal 
                income taxes at the enterprise level, but is required 
                to pass income through to the shareholders, partners, 
                beneficiaries, or other equitable owners of the 
                business concern, the net income of the business 
                concern shall be determined by allowing a deduction in 
                an amount equal to the sum of--
                            ``(i) if the business concern is not 
                        required by law to pay State (and local, if 
                        any) income taxes at the enterprise level, the 
                        net income (determined without regard to this 
                        subparagraph), multiplied by the marginal State 
                        income tax rate (or by the combined State and 
                        local income tax rates, as applicable) that 
                        would have applied if the business concern were 
                        a corporation; and
                            ``(ii) the net income (so determined) less 
                        any deduction for State (and local) income 
                        taxes calculated under clause (i), multiplied 
                        by the marginal Federal income tax rate that 
                        would have applied if the business concern were 
                        a corporation;''.
            (2) Smaller enterprise.--Section 103(12)(A)(ii) of the 
        Small Business Investment Act of 1958 (15 U.S.C. 
        662(12)(A)(ii)) is amended by inserting before the semicolon at 
        the end the following: ``except that, for purposes of this 
        clause, if the business concern is not required by law to pay 
        Federal income taxes at the enterprise level, but is required 
        to pass income through to the shareholders, partners, 
        beneficiaries, or other equitable owners of the business 
        concern, the net income of the business concern shall be 
        determined by allowing a deduction in an amount equal to the 
        sum of--
                                    ``(I) if the business concern is 
                                not required by law to pay State (and 
                                local, if any) income taxes at the 
                                enterprise level, the net income 
                                (determined without regard to this 
                                clause), multiplied by the marginal 
                                State income tax rate (or by the 
                                combined State and local income tax 
                                rates, as applicable) that would have 
                                applied if the business concern were a 
                                corporation; and
                                    ``(II) the net income (so 
                                determined) less any deduction for 
                                State (and local) income taxes 
                                calculated under subclause (I), 
                                multiplied by the marginal Federal 
                                income tax rate that would have applied 
                                if the business concern were a 
                                corporation''.
    (d) Technical Corrections.--
            (1) Repeal.--Section 303(g) of the Small Business 
        Investment Act of 1958 (15 U.S.C. 683(g)) is amended by 
        striking paragraph (13).
            (2) Issuance of guarantees and trust certificates.--Section 
        320 of the Small Business Investment Act of 1958 (15 U.S.C. 
        687m) is amended by striking ``6'' and inserting ``12''.
            (3) Elimination of table of contents.--Section 101 of the 
        Small Business Investment Act of 1958 (15 U.S.C. 661 note) is 
        amended to read as follows:

``SEC. 101. SHORT TITLE.

    ``This Act may be cited as the `Small Business Investment Act of 
1958'.''.
                                 <all>