[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3723 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3723

 To amend the Small Business Act to improve the activities carried out 
        under section 7(a) of such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2009

Mrs. Halvorson introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
 To amend the Small Business Act to improve the activities carried out 
        under section 7(a) of such Act, 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 Credit Expansion and 
Loan Markets Stabilization Act of 2009''.

SEC. 2. SMALL LENDER OUTREACH PROGRAM.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended by adding at the end the following:
            ``(34) Small lender outreach program.--The Administrator 
        shall establish and carry out a program to provide support to 
        regional, district, and branch offices of the Administration to 
        assist small lenders, who do not participate in the Preferred 
        Lenders Program, to participate in the programs under this 
        subsection.''.

SEC. 3. RURAL LENDING OUTREACH PROGRAM.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(35) Rural lending outreach program.--
                    ``(A) In general.--The Administrator shall 
                establish and carry out a rural lending outreach 
                program (hereinafter referred to in this paragraph as 
                the `program') to provide loans under this subsection 
                in accordance with this paragraph.
                    ``(B) Maximum participation.--A loan under the 
                program shall include the maximum participation levels 
                by the Administrator permitted for loans made under 
                this subsection.
                    ``(C) Maximum loan amount.--The maximum amount of a 
                loan under the program shall be $250,000.
                    ``(D) Use of rural lenders.--The program shall be 
                carried out through lenders located in a rural area (as 
                such term is defined under subsection (m)(11)(C)) or, 
                if a small business concern located in a rural area 
                does not have a lender located within 30 miles of the 
                principal place of business of such concern, through 
                any lender chosen by such concern that provides loans 
                under this subsection.
                    ``(E) Time for approval.--The Administrator shall 
                approve or disapprove a loan under the program within 
                36 hours.
                    ``(F) Documentation.--The program shall use 
                abbreviated application and documentation requirements.
                    ``(G) Credit standards.--Minimum credit standards, 
                as the Administrator considers necessary to limit the 
                rate of default on loans made under the program, shall 
                apply.''.

SEC. 4. COMMUNITY EXPRESS PROGRAM MADE PERMANENT.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(36) Community express program.--
                    ``(A) In general.--The Administrator shall carry 
                out a Community Express Program to provide loans under 
                this subsection in accordance with this paragraph.
                    ``(B) Requirements.--For a loan made under the 
                Community Express Program, the following shall apply:
                            ``(i) The loan shall be in an amount not 
                        exceeding $250,000.
                            ``(ii) The loan shall be made to a small 
                        business concern the majority ownership 
                        interest of which is directly held by 
                        individuals the Administrator determines are, 
                        without regard to the geographic location of 
                        such individuals, women, members of qualified 
                        Indian tribes, socially or economically 
                        disadvantaged individuals, veterans, or members 
                        of the reserve components of the Armed Forces.
                            ``(iii) The loan shall comply with the 
                        collateral policy of the Administration.
                            ``(iv) The loan shall include terms 
                        requiring the lender to provide, at the expense 
                        of the lender, technical assistance to the 
                        borrower through the lender or a third-party 
                        provider.
                            ``(v) The Administrator shall approve or 
                        disapprove the loan within 36 hours.''.

SEC. 5. INCREASED VETERAN PARTICIPATION PROGRAM MADE PERMANENT.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended--
            (1) by redesignating the second paragraph (32), as added by 
        section 208 of the Military Reservist and Veteran Small 
        Business Reauthorization and Opportunity Act of 2008 (Public 
        Law 110-186; 122 Stat. 631), as paragraph (33); and
            (2) in paragraph (33), as so redesignated by paragraph (1) 
        of this section--
                    (A) by striking ``pilot program'' each place it 
                appears and inserting ``program'';
                    (B) by striking subparagraphs (C) and (F); and
                    (C) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (C) and (D), respectively.

SEC. 6. LEASING POLICY.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by striking paragraph (28) and 
inserting the following:
            ``(28) Leasing.--If a loan under this subsection is used to 
        acquire or construct a facility, the assisted small business 
        concern--
                    ``(A) shall permanently occupy and use not less 
                than 50 percent of the space in such facility; and
                    ``(B) may, on a temporary or permanent basis, lease 
                to others not more than 50 percent of the space in such 
                facility.''.

SEC. 7. NATIONAL LENDER TRAINING PROGRAM.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(37) National lender training program.--
                    ``(A) In general.--The Administrator shall 
                establish and carry out, through the regional offices 
                of the Administration, a lender training program for 
                new and existing lenders under this subsection with 
                respect to the lending systems, policies, and 
                procedures of the Administration.
                    ``(B) Fees.--The Administrator shall charge a fee 
                for the program established under subparagraph (A) to 
                reduce the cost of such program to zero.
                    ``(C) Limitation.--The program established under 
                subparagraph (A) may not be carried out by contract 
                with a nongovernmental entity.''.

SEC. 8. APPLICATIONS FOR REPURCHASE OF LOANS.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(38) Applications for repurchase of loans.--
                    ``(A) In general.--Not later than 45 days after the 
                date of the receipt of a claim from a lender for proper 
                payment of the guaranteed portion of a loan under this 
                subsection due to default, the Administrator shall make 
                a final determination with respect to the approval or 
                denial of such claim.
                    ``(B) Late determinations.--If the Administrator 
                does not make a final determination under subparagraph 
                (A) in the time period specified in such subparagraph, 
                the claim shall be approved and paid promptly.''.

SEC. 9. ALTERNATIVE SIZE STANDARD.

    (a) In General.--Section 3(a) of the Small Business Act (15 U.S.C. 
632(a)) is amended by adding at the end the following:
            ``(5) In addition to any other size standard under this 
        subsection, the Administrator shall establish and permit a 
        lender making a loan under section 7(a) to use an alternative 
        size standard. The alternative size standard shall be based on 
        factors including the maximum tangible net worth and average 
        net income of a business concern.''.
    (b) Applicability.--Until the Administrator establishes under 
section 3(a)(5) of the Small Business Act, as added by subsection (a) 
of this section, an alternative size standard for use by a lender 
making a loan under section 7(a) of such Act, the alternative size 
standard in section 121.301(b) of title 13, Code of Federal 
Regulations, shall apply in such a case.

SEC. 10. PILOT PROGRAM AUTHORITY.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by striking paragraph (25) and 
inserting the following:
            ``(25) Limitation on conducting pilot projects.--
                    ``(A) Limitation on number.--Not more than 10 
                percent of the total number of loans guaranteed in any 
                fiscal year under this subsection may be awarded as 
                part of a pilot program.
                    ``(B) Dollar limitations.--
                            ``(i) In general.--With respect to any 
                        pilot program under this subsection established 
                        on or after the date of the enactment of the 
                        Small Business Credit Expansion and Loan 
                        Markets Stabilization Act of 2009, no loan 
                        shall be made under such program if such loan 
                        would result in the total amount of loans made 
                        during a fiscal year under all such programs to 
                        be in excess of 5 percent of the total amount 
                        of loans guaranteed in such fiscal year under 
                        this subsection.
                            ``(ii) Certain pre-existing programs.--With 
                        respect to any pilot program under this 
                        subsection established before the date of the 
                        enactment of the Small Business Credit 
                        Expansion and Loan Markets Stabilization Act of 
                        2009, no loan shall be made under such program 
                        if such loan would result in the total amount 
                        of loans made during a fiscal year under all 
                        such programs to be in excess of 10 percent of 
                        the total amount of loans guaranteed in such 
                        fiscal year under this subsection.
                    ``(C) Expiration.--
                            ``(i) In general.--Except as provided in 
                        clause (iii), the duration of any pilot program 
                        under this subsection may not exceed 3 years.
                            ``(ii) Designation as new program.--For 
                        purposes of this subparagraph, a pilot program 
                        shall not be treated as a new pilot program 
                        solely on the basis of a modification or change 
                        in the pilot program, including the change of 
                        its name.
                            ``(iii) Existing programs.--With respect to 
                        any pilot program in existence on the date of 
                        the enactment of the Small Business Credit 
                        Expansion and Loan Markets Stabilization Act of 
                        2009, such program may continue in effect for a 
                        period not exceeding 3 years after such date 
                        without regard to the duration of such program 
                        before such date.
                    ``(D) Regulations.--
                            ``(i) In general.--With respect to each 
                        pilot program under this subsection, including 
                        each pilot program in existence on the date of 
                        the enactment of the Small Business Credit 
                        Expansion and Loan Markets Stabilization Act of 
                        2009, the Administrator shall--
                                    ``(I) issue regulations for such 
                                program after providing notice in the 
                                Federal Register and an opportunity for 
                                comment; and
                                    ``(II) ensure that such regulations 
                                are published in the Code of Federal 
                                Regulations.
                            ``(ii) Pilot programs established after 
                        date of enactment.--With respect to any pilot 
                        program established after the date of the 
                        enactment of the Small Business Credit 
                        Expansion and Loan Markets Stabilization Act of 
                        2009, such program shall not take effect until 
                        the requirements under this subparagraph are 
                        satisfied.
                    ``(E) Repeal of authority to waive certain rules.--
                            ``(i) In general.--Notwithstanding section 
                        120.3 of title 13, Code of Federal Regulations, 
                        the Administrator may not from time to time 
                        suspend, modify, or waive rules for a limited 
                        period of time to test new programs or ideas 
                        with respect to this subsection, unless such 
                        suspension, modification, or waiver is 
                        explicitly authorized by Act of Congress.
                            ``(ii) Existing pilot programs.--Nothing 
                        under clause (i) may be construed to affect a 
                        pilot program in existence on the date of the 
                        enactment of the Small Business Credit 
                        Expansion and Loan Markets Stabilization Act of 
                        2009.
                    ``(F) Pilot program.--For purposes of this 
                paragraph, the term `pilot program' means any lending 
                program initiative, project, innovation, or other 
                activity not specifically authorized by Act of 
                Congress.''.

SEC. 11. LOANS TO COOPERATIVES.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(39) Cooperatives.--The Administration may provide loans 
        under this subsection to any cooperative that--
                    ``(A) is not organized as a tax exempt entity;
                    ``(B) is engaged in a legal business activity;
                    ``(C) obtains financial benefits for the 
                cooperative and for the members of such cooperative; 
                and
                    ``(D) is eligible under applicable size standards 
                of the Administration, including that any business 
                entity that is a member of such cooperative is eligible 
                under applicable size standards of the 
                Administration.''.

SEC. 12. CAPITAL BACKSTOP PROGRAM.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(40) Capital backstop program.--
                    ``(A) In general.--The Administrator shall 
                establish a process under which a small business 
                concern may submit an application to the Administrator 
                for the purpose of securing a loan under this 
                subsection. With respect to such application, the 
                Administrator shall collect all information necessary 
                to determine the creditworthiness and repayment ability 
                of an applicant and shall determine if such application 
                meets basic eligibility and credit standards for a loan 
                under this subsection.
                    ``(B) Participation of lenders.--
                            ``(i) In general.--The Administrator shall 
                        establish a process under which the 
                        Administrator makes available to lenders each 
                        loan application submitted and determined to 
                        meet basic eligibility and credit standards 
                        under subparagraph (A) for the purpose of such 
                        lenders originating, underwriting, closing, and 
                        servicing the loan for which the applicant 
                        applied.
                            ``(ii) Eligibility.--Lenders are eligible 
                        to receive a loan application described in 
                        clause (i) if they participate in the programs 
                        established under this subsection.
                            ``(iii) Local lenders.--The Administrator 
                        shall first make available a loan application 
                        described in clause (i) to lenders within 100 
                        miles of the principal office of the loan 
                        applicant.
                            ``(iv) Preferred lenders.--If a lender 
                        described in clause (iii) does not agree to 
                        originate, underwrite, close, and service the 
                        loan applied for within 5 business days of 
                        receiving a loan application described in 
                        clause (i), the Administrator shall 
                        subsequently make available such loan 
                        application to lenders in the Preferred Lenders 
                        Program under paragraph (2)(C)(ii) of this 
                        subsection.
                            ``(v) Authority of administration to 
                        lend.--If a lender described in clauses (iii) 
                        or (iv) does not agree to originate, 
                        underwrite, close, and service the loan applied 
                        for within 10 business days of receiving a loan 
                        application described in clause (i), the 
                        Administrator shall originate, underwrite, 
                        close, and service such loan.
                    ``(C) Asset sales.--The Administrator shall offer 
                to sell loans made by the Administrator under this 
                paragraph. Such sales shall be made through the semi-
                annual public solicitation (in the Federal Register and 
                in other media) of offers to purchase. The 
                Administrator may contract with vendors for due 
                diligence, asset valuation, and other services related 
                to such sales. The Administrator may not sell any loan 
                under this subparagraph for less than 90 percent of the 
                net present value of the loan, as determined and 
                certified by a qualified third party.
                    ``(D) Loans not sold.--The Administrator shall 
                maintain and service loans made by the Administrator 
                under this paragraph that are not sold through the 
                asset sales under this paragraph.
                    ``(E) Effective dates.--This paragraph shall have 
                effect on a date if--
                            ``(i) such date occurs during a period 
                        that--
                                    ``(I) begins on the date the Bureau 
                                of Economic Analysis, or any successor 
                                organization, makes a determination 
                                that the gross domestic product of the 
                                United States has decreased for three 
                                consecutive quarters; and
                                    ``(II) ends on the date the Bureau 
                                of Economic Analysis, or any successor 
                                organization, makes a determination 
                                that the gross domestic product of the 
                                United States has increased for two 
                                consecutive quarters; and
                            ``(ii) the number of loans provided under 
                        this subsection prior to such date in the 
                        fiscal year including such date is at least 30 
                        percent less than the number of such loans 
                        provided prior to the same point in the 
                        previous fiscal year.
                    ``(F) Implementation.--The Administrator shall 
                establish a group of at least 250 individuals available 
                to carry out activities under this paragraph on any 
                date on which this paragraph has effect under 
                subparagraph (E). The Administrator shall provide to 
                such group the training necessary to carry out 
                activities under this paragraph.
                    ``(G) Application of other law.--Nothing in this 
                paragraph shall be construed to exempt any activity of 
                the Administrator under this paragraph from the Federal 
                Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
                    ``(H) Authorization of appropriations.--In addition 
                to amounts made available to carry out this subsection, 
                there are authorized to be appropriated such sums as 
                may be necessary to carry out this paragraph.''.

SEC. 13. LOANS TO FINANCE GOODWILL.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end the 
following:
            ``(41) Goodwill.--The Administrator may not apply an 
        application, processing, or approval standard to a loan for the 
        purpose of financing goodwill under this subsection, unless 
        such standard applies to all loans under this subsection.''.

SEC. 14. APPELLATE PROCESS AND OMBUDSMAN.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 44 as section 45; and
            (2) by inserting after section 43 the following:

``SEC. 44. APPELLATE PROCESS AND OMBUDSMAN.

    ``(a) Appellate Process.--
            ``(1) In general.--Not later than 270 days after the date 
        of the enactment of the Small Business Credit Expansion and 
        Loan Markets Stabilization Act of 2009, the Administrator shall 
        establish an independent appellate process within the 
        Administration. The process shall be available to review 
        material determinations made by the Administration that affect 
        a lender or investment company that participates or is applying 
        to participate in a program administered by the Administration.
            ``(2) Review process.--In establishing the independent 
        appellate process under paragraph (1), The Administrator shall 
        ensure that--
                    ``(A) any appeal of a material determination by the 
                Administration is heard and resulting recommendations 
                are provided expeditiously; and
                    ``(B) appropriate safeguards exist for protecting 
                the appellant from retaliation by Administration 
                employees.
            ``(3) Comment period.--Not later than 180 days after the 
        date of the enactment of the Small Business Credit Expansion 
        and Loan Markets Stabilization Act of 2009, the Administrator 
        shall provide an opportunity for notice and comment on proposed 
        guidelines for the establishment of an independent appellate 
        process under this section.
    ``(b) Agency Ombudsman.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of the Small Business Credit Expansion 
        and Loan Markets Stabilization Act of 2009, the Administrator 
        shall appoint an ombudsman.
            ``(2) Duties.--The ombudsman appointed in accordance with 
        paragraph (1) shall--
                    ``(A) act as a liaison between the Administration 
                and any lender or investment company that participates 
                or is applying to participate in a program administered 
                by the Administration with respect to a problem such 
                entity may have in dealing with the Administration 
                resulting from a material determination made by the 
                Administration; and
                    ``(B) ensure that safeguards exist to encourage 
                complainants to come forward and preserve 
                confidentiality.
    ``(c) Other Authority.--An individual carrying out the independent 
appellate process established under subsection (a) or the position of 
ombudsman established under subsection (b) is authorized to--
            ``(1) examine records and documents relating to a matter 
        under review pursuant to such subsections; and
            ``(2) initiate the review of a matter under such 
        subsections if such individual believes that Administration 
        procedures have not been followed as intended with respect to 
        such matter, without regard to whether an appeal or complaint 
        has been made.
    ``(d) Limitations.--
            ``(1) In general.--An individual carrying out the 
        independent appellate process established under subsection (a) 
        or the position of ombudsman established under subsection (b) 
        may not, as a result of the authority provided under this 
        section--
                    ``(A) make, change, or set aside a law, policy, or 
                administrative decision;
                    ``(B) make binding decisions or determine rights;
                    ``(C) directly compel an entity to implement the 
                recommendations of such individual; or
                    ``(D) accept jurisdiction over an issue that is 
                pending in a legal forum.
            ``(2) Rule of construction.--Activities carried out under 
        this section may not be construed--
                    ``(A) as a formal investigation, formal hearing, or 
                binding decision;
                    ``(B) as limiting any remedy or right of appeal;
                    ``(C) as affecting any procedure concerning 
                grievances, appeals, or administrative matters under 
                law; or
                    ``(D) as a substitute for an administrative or 
                judicial proceeding.
    ``(e) Report.--Not later than one year after the date of the 
enactment of the Small Business Credit Expansion and Loan Markets 
Stabilization Act of 2009 and annually thereafter, the Administrator 
shall submit to the Committee on Small Business of the House of 
Representatives and the Committee on Small Business and 
Entrepreneurship of the Senate a report describing and providing the 
status of appeals made under subsection (a) and complaints made under 
subsection (b).
    ``(f) Definitions.--In this section, the following apply:
            ``(1) Material determination.--The term `material 
        determination' includes determinations relating to--
                    ``(A) applications for payment relating to a loan 
                guarantee; and
                    ``(B) the ability of an entity to participate in an 
                Administration loan or investing program.
            ``(2) Independent appellate process.--The term `independent 
        appellate process' means a review by an Administration official 
        who does not directly or indirectly report to the 
        Administration official who made the material determination 
        under review.''.

SEC. 15. EXTENSION OF RECOVERY AND RELIEF LOAN BENEFITS.

    (a) Fee Reductions.--Section 501 of title V of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is 
amended--
            (1) in subsection (a) by striking ``September 30, 2010'' 
        and inserting ``September 30, 2011''; and
            (2) in subsection (c) by striking paragraph (2).
    (b) Economic Stimulus Lending Program for Small Businesses.--
Section 502(f) of title V of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``the date 12 months after the date of enactment of this Act'' and 
inserting ``September 30, 2011''.

SEC. 16. REDUCED DOCUMENTATION FOR BUSINESS STABILIZATION LOANS.

    Section 506(a) of title V of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5) is amended by adding at 
the end the following: ``In carrying out such program, the 
Administrator shall establish and utilize a one-page application for 
loans under this section and shall authorize lenders to utilize the 
same documentation and procedural requirements for loans under this 
section as such lenders utilize for other loans of a similar size and 
type.''.

SEC. 17. EXPANDED ELIGIBILITY FOR BUSINESS STABILIZATION LOANS.

    Section 506(c) of title V of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``but shall not include'' and all that follows through ``enactment of 
this Act''.

SEC. 18. INCREASED AMOUNT OF BUSINESS STABILIZATION LOANS.

    Section 506(d) of title V of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``$35,000'' and inserting ``$50,000''.

SEC. 19. EXTENSION OF BUSINESS STABILIZATION LOANS.

    Section 506(j) of title V of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking 
``September 30, 2010'' and inserting ``September 30, 2011''.

SEC. 20. SBA SECONDARY MARKET LENDING AUTHORITY MADE PERMANENT.

    Section 509 of title V of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5) is amended--
            (1) by striking subsection (e); and
            (2) by redesignating subsections (f), (h), and (i) as 
        subsections (e), (f), and (g), respectively.

SEC. 21. SBA SECONDARY MARKET LENDING AUTHORITY EXPANDED.

    Section 509 of title V of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5), as amended by this Act, is 
further amended--
            (1) in subsection (c)(1) by adding at the end the 
        following: ``Such process shall include the designation of each 
        lender participating in a program under section 7(a) of the 
        Small Business Act as a Systematically Important Secondary 
        Market Broker-Dealer for purposes of this section.''; and
            (2) in subsection (e), as so redesignated by section 20 of 
        this Act, by adding at the end the following: ``To the extent 
        that the cost of an elimination or reduction of fees is offset 
        by appropriations, the Administrator shall in lieu of the fee 
        otherwise applicable under this subsection collect no fee or 
        reduce fees to the maximum extent possible.''.

SEC. 22. INCREASED LOAN LIMITS.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended--
            (1) in paragraph (2)(A)--
                    (A) in clause (i)--
                            (i) by inserting after ``$150,000'' the 
                        following: ``and is less than or equal to 
                        $2,000,000''; and
                            (ii) by striking ``or'' at the end;
                    (B) in clause (ii) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) 50 percent of the balance of the 
                        financing outstanding at the time of 
                        disbursement of the loan, if such balance 
                        exceeds $2,000,000.''; and
            (2) in paragraph (3)(A) by striking ``$2,000,000'' and 
        inserting ``$3,000,000''.

SEC. 23. REAL ESTATE APPRAISALS.

    Section 7(a)(29) of the Small Business Act (15 U.S.C. 636(a)(29)) 
is amended--
            (1) in the matter preceding subparagraph (A) by striking 
        ``a State licensed or certified appraiser'' and inserting ``an 
        appraiser licensed or certified by the State in which such 
        property is located'';
            (2) in subparagraph (A) by striking ``$250,000'' and 
        inserting ``$400,000''; and
            (3) in subparagraph (B) by striking ``$250,000'' and 
        inserting ``$400,000''.

SEC. 24. ADDITIONAL SUPPORT FOR EXPRESS LOAN PROGRAM.

    Section 7(a)(18)(B) of the Small Business Act (15 U.S.C. 
636(a)(18)(B)) is amended by adding after ``under subparagraph (A)(i)'' 
the following: ``, except that a lender making a loan under paragraph 
(31) may not retain any percentage of a fee collected under such 
subparagraph''.

SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is 
amended by inserting after subsection (e) the following:
    ``(f) Fiscal Years 2010 and 2011.--
            ``(1) Program levels.--For the programs authorized by this 
        Act, in each of fiscal years 2010 and 2011 commitments for 
        general business loans authorized under section 7(a) may not 
        exceed $20,000,000,000.
            ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out paragraph (1).''.

SEC. 26. REGULATIONS.

    After an opportunity for notice and comment, but not later than 180 
days after the date of the enactment of this Act, the Administrator 
shall issue regulations to carry out this Act and the amendments made 
by this Act.
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