[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 566 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 566

To amend the Consolidated Farm and Rural Development Act to establish a 
       rural entrepreneur and microenterprise assistance program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2007

  Mr. Nelson of Nebraska (for himself and Mr. Salazar) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To amend the Consolidated Farm and Rural Development Act to establish a 
       rural entrepreneur and microenterprise assistance program.

    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 ``Rural Entrepreneur and 
Microenterprise Assistance Act''.

SEC. 2. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.

    Subtitle D of the Consolidated Farm and Rural Development Act is 
amended by inserting after section 364 (7 U.S.C. 2006f) the following:

``SEC. 365. RURAL ENTREPRENEUR AND MICROENTERPRISE ASSISTANCE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Economically disadvantaged microentrepreneur.--The 
        term `economically disadvantaged microentrepreneur' means an 
        owner, majority owner, or developer of a microenterprise that 
        has the ability to compete in the private sector but has been 
        impaired because of diminished capital and credit 
        opportunities, as compared to other microentrepreneurs in the 
        industry.
            ``(2) Indian tribe.--The term `Indian tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            ``(3) Intermediary.--The term `intermediary' means a 
        private, nonprofit entity that provides assistance--
                    ``(A) to a microenterprise development 
                organization; or
                    ``(B) for a microenterprise development program.
            ``(4) Low-income individual.--The term low-income 
        individual means an individual with an income (adjusted for 
        family size) of not more than the greatest of--
                    ``(A) 80 percent of median income of an area;
                    ``(B) 80 percent of the statewide non-metropolitan 
                area median income; or
                    ``(C) 80 percent of the national median income.
            ``(5) Microcredit.--The term `microcredit' means a business 
        loan or loan guarantee of not more than $50,000 that is 
        provided to a rural entrepreneur.
            ``(6) Microenterprise.--The term `microenterprise' means--
                    ``(A) a sole proprietorship; or
                    ``(B) a business entity with not more than 10 full-
                time-equivalent employees.
            ``(7) Microenterprise development organization.--
                    ``(A) In general.--The term `microenterprise 
                development organization' means a private, nonprofit 
                entity that--
                            ``(i) provides training and technical 
                        assistance to rural entrepreneurs; and
                            ``(ii) facilitates access to capital or 
                        another service described in subsection (b) for 
                        rural entrepreneurs.
                    ``(B) Inclusions.--The term `microenterprise 
                development organization' includes an organization 
                described in subparagraph (A) with a demonstrated 
                record of delivering services to economically 
                disadvantaged microentrepreneurs, or an effective plan 
                to develop a program to deliver microenterprise 
                services to rural entrepreneurs effectively, as 
                determined by the Secretary.
            ``(8) Microenterprise development program.--The term 
        `microenterprise development organization' means a program 
        administered by an organization serving a rural area.
            ``(9) Microentrepreneur.--The term `microentrepreneur' 
        means the owner, operator, or developer of a microenterprise.
            ``(10) Program.--The term `program' means the rural 
        entrepreneur and microenterprise program established under 
        subsection (b)(1).
            ``(11) Qualified organization.--The term `qualified 
        organization' means--
                    ``(A) a microenterprise development organization or 
                microenterprise development program that has a 
                demonstrated record of delivering microenterprise 
                services to rural entrepreneurs, or an effective plan 
                to develop a program to deliver microenterprise 
                services to rural entrepreneurs effectively, as 
                determined by the Secretary.
                    ``(B) an intermediary that has a demonstrated 
                record of delivery assistance to microenterprise 
                development organizations or microenterprise 
                development programs;
                    ``(C) a microenterprise development organization or 
                microenterprise development program that serves rural 
                entrepreneurs;
                    ``(D) an Indian tribe, the tribal government of 
                which certifies to the Secretary that no 
                microenterprise development organization or 
                microenterprise development program exists under the 
                jurisdiction of the Indian tribe;
                    ``(E) a group of 2 or more organizations or Indian 
                tribes described in any of subparagraphs (A) through 
                (D) that agree to act jointly as a qualified 
                organization under this section; or
                    ``(F) for purposes of subsection (b), a public 
                college or university.
            ``(12) Rural area.--The term `rural area' means any 
        community that is rural in character and has a population of 
        not more than 25,000 individuals.
            ``(13) Rural capacity building service.--The term `rural 
        capacity building service' means a service provided to an 
        organization that--
                    ``(A) is, or is in the process of becoming, a 
                microenterprise development organization or 
                microenterprise development program; and
                    ``(B) serves rural areas for the purpose of 
                enhancing the ability of the organization to provide 
                training, technical assistance, and other related 
                services to rural entrepreneurs.
            ``(14) Rural entrepreneur.--The term `rural entrepreneur' 
        means a microentrepreneur, or prospective microentrepreneur--
                    ``(A) the principal place of business of which is 
                in a rural area; and
                    ``(B) that is unable to obtain sufficient training, 
                technical assistance, or microcredit elsewhere, as 
                determined by the Secretary.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture, acting through the Rural Business-Cooperative 
        Service.
            ``(16) Tribal government.--The term `tribal government' 
        means the governing body of an Indian tribe.
    ``(b) Rural Entrepreneurship and Microenterprise Program.--
            ``(1) Establishment.--The Secretary shall establish a rural 
        entrepreneurship and microenterprise program.
            ``(2) Purpose.--The purpose of the program shall be to 
        provide low-income individuals and moderate-income individuals 
        with--
                    ``(A) the skills necessary to establish new small 
                businesses in rural areas; and
                    ``(B) continuing technical and financial assistance 
                as individuals and business starting or operating small 
                businesses.
            ``(3) Grants.--
                    ``(A) In general.--The Secretary may make a grant 
                under the program to a qualified organization--
                            ``(i) to provide training, operational 
                        support, or a rural capacity building service 
                        to a qualified organization to assist the 
                        qualified organization in developing 
                        microenterprise training, technical assistance, 
                        market development assistance, and other 
                        related services, primarily for business with 5 
                        or fewer full-time-equivalent employees;
                            ``(ii) to assist in researching and 
                        developing the best practices in delivering 
                        training, technical assistance, and microcredit 
                        to rural entrepreneurs; and
                            ``(iii) to carry out such other projects 
                        and activities as the Secretary determines to 
                        be consistent with the purposes of this 
                        section.
                    ``(B) Subgrants.--Subject to such regulations as 
                the Secretary may promulgate, a qualified organization 
                that receives a grant under this paragraph may use the 
                grant to provide assistance to other qualified 
                organizations, such as small or emerging qualified 
                organizations.
                    ``(C) Diversity.--In making grants under this 
                paragraph, the Secretary shall ensure, to the maximum 
                extent practicable, that grant recipients include 
                qualified organizations--
                            ``(i) of varying sizes; and
                            ``(ii) that serve racially- and ethnically-
                        diverse populations.
                    ``(D) Cost sharing.--
                            ``(i) Federal share.--The Federal share of 
                        the cost of a project carried out using funds 
                        from a grant made under this paragraph shall be 
                        75 percent.
                            ``(ii) Form of non-federal share.--The non-
                        Federal share of the cost of a project 
                        described in clause (i) may be provided--
                                    ``(I) in cash (including through 
                                fees, grants (including community 
                                development block grants), and gifts); 
                                or
                                    ``(II) in kind.
            ``(4) Rural microloan program.--
                    ``(A) Establishment.--In carrying out the program, 
                the Secretary may carry out a rural microloan program.
                    ``(B) Purpose.--The purpose of the rural microloan 
                program shall be to provide technical and financial 
                assistance to sole proprietorships and small businesses 
                located in rural areas with a particular focus on those 
                businesses with 5 or fewer full-time equivalent 
                employees.
                    ``(C) Authority of secretary.--In carrying out the 
                rural microloan program, the Secretary may--
                            ``(i) make direct loans to qualified 
                        organizations for the purpose of making short-
                        term, fixed interest rate microloans to 
                        startup, newly established, and growing rural 
                        microbusiness concerns; and
                            ``(ii) in conjunction with those loans, 
                        provide grants in accordance with subparagraph 
                        (E) to those qualified organizations for the 
                        purpose of providing intensive marketing, 
                        management, and technical assistance to small 
                        business concerns that are borrowers under this 
                        paragraph.
                    ``(D) Loan duration; interest rates; conditions.--
                            ``(i) Loan duration.--A loan made by the 
                        Secretary under this paragraph shall be for a 
                        term of 20 years.
                            ``(ii) Applicable interest rates.--A loan 
                        made by the Secretary under this paragraph to a 
                        qualified organization shall bear an annual 
                        interest rate of at least 1 percent.
                            ``(iii) Deferral of interest and 
                        principal.--The Secretary may permit the 
                        deferral of payments, for principal and 
                        interest, on a loan made under this paragraph 
                        for a period of not more than 2 years, 
                        beginning on the date on which the loan was 
                        made.
                    ``(E) Grant amounts.--
                            ``(i) In general.--Except as otherwise 
                        provided in this section, each qualified 
                        organization that receives a loan under this 
                        paragraph shall be eligible to receive a grant 
                        to provide marketing, management, and technical 
                        assistance to small business concerns that are 
                        borrowers or potential borrowers under this 
                        subsection.
                            ``(ii) Maximum amount of grant for 
                        microenterprise development organizations.--
                        Each microenterprise development organization 
                        that receives a loan under this paragraph shall 
                        receive an annual grant in an amount equal to 
                        not more than 25 percent of the total 
                        outstanding balance of loans made to the 
                        microenterprise development organization under 
                        this paragraph, as of the date of provision of 
                        the grant.
                            ``(iii) Matching requirement.--
                                    ``(I) In general.--As a condition 
                                of any grant made to a qualified 
                                organization under this subparagraph, 
                                the Secretary shall require the 
                                qualified organization to match not 
                                less than 15 percent of the total 
                                amount of the grant.
                                    ``(II) Sources.--In addition to 
                                cash from non-Federal sources, a 
                                matching share provided by the 
                                qualified organization may include 
                                indirect costs or in-kind contributions 
                                funded under non-Federal programs.
    ``(c) Administrative Expenses.--Not more than 10 percent of 
assistance received by a qualified organization for a fiscal year under 
this section may be used to pay administrative expenses.
    ``(d) Funding.--
            ``(1) In general.--Not later than 30 days after the date of 
        enactment of this Act, and on October 1, 2008, and each October 
        1 thereafter through October 1, 2012, out of any funds in the 
        Treasury not otherwise appropriated, the Secretary of the 
        Treasury shall transfer to the Secretary to carry out this 
        section $50,000,000, to remain available until expended.
            ``(2) Allocation of funds.--Of the amount made available by 
        paragraph (1) for each fiscal year--
                    ``(A) not less than $30,000,000 shall be available 
                for use in carrying out subsection (b)(3); and
                    ``(B) not less than $20,000,000 shall be available 
                for use in carrying out subsection (b)(4), of which not 
                more than $7,000,000 shall be used to support direct 
                loans.
                    ``(C) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this section the funds transferred under 
                paragraph (1), without further appropriation.''.
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