[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5297 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 5297

_______________________________________________________________________

                                 AN ACT


 
    To create the Small Business Lending Fund Program to direct the 
   Secretary of the Treasury to make capital investments in eligible 
institutions in order to increase the availability of credit for small 
 businesses, to amend the Internal Revenue Code of 1986 to provide tax 
  incentives for small business job creation, 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; TABLE OF CONTENTS.

    (a) Short Title.--This title may be cited as the ``Small Business 
Jobs and Credit Act of 2010''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                  TITLE I--SMALL BUSINESS LENDING FUND

Sec. 101. Purpose.
Sec. 102. Definitions.
Sec. 103. Small Business Lending Fund.
Sec. 104. Additional authorities of the Secretary.
Sec. 105. Considerations.
Sec. 106. Reports.
Sec. 107. Oversight and audits.
Sec. 108. Credit reform; Funding.
Sec. 109. Termination and continuation of authorities.
Sec. 110. Preservation of authority.
Sec. 111. Assurances.
Sec. 112. Study and report with respect to women-owned, veteran-owned, 
                            and minority-owned businesses.
Sec. 113. Temporary amortization authority.
Sec. 114. Sense of Congress.
            TITLE II--STATE SMALL BUSINESS CREDIT INITIATIVE

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Federal funds allocated to States.
Sec. 204. Approving States for participation.
Sec. 205. Approving State capital access programs.
Sec. 206. Approving collateral support and other innovative credit 
                            access and guarantee initiatives for small 
                            businesses and manufacturers.
Sec. 207. Reports.
Sec. 208. Remedies for State program termination or failures.
Sec. 209. Implementation and administration.
Sec. 210. Regulations.
Sec. 211. Oversight and audits.
        TITLE III--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM

Sec. 301. Short title.
Sec. 302. Small business early-stage investment program.
Sec. 303. Regulations.
Sec. 304. Prohibitions on earmarks.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Budgetary effects.
                        TITLE V--TAX PROVISIONS

Sec. 500. Short title; etc.
               Subtitle A--Small Business Tax Incentives

                       Part 1--General Provisions

Sec. 501. Temporary exclusion of 100 percent of gain on certain small 
                            business stock.
         Part 2--Limitations and Reporting on Certain Penalties

Sec. 511. Limitation on penalty for failure to disclose certain 
                            information.
Sec. 512. Annual reports on penalties and certain other enforcement 
                            actions.
                        Part 3--Other Provisions

Sec. 521. Increase in amount allowed as deduction for start-up 
                            expenditures.
Sec. 522. Nonrecourse small business investment company loans from the 
                            Small Business Administration treated as 
                            amounts at risk.
Sec. 523. Benefits under the Small Business Borrower Assistance Program 
                            excluded from gross income.
                     Subtitle B--Revenue Provisions

Sec. 531. Required minimum 10-year term, etc., for grantor retained 
                            annuity trusts.
Sec. 532. Crude tall oil ineligible for cellulosic biofuel producer 
                            credit.
Sec. 533. Time for payment of corporate estimated taxes.
                      TITLE VI--PLAIN WRITING ACT

Sec. 601. Short title.
Sec. 602. Purpose.
Sec. 603. Definitions.
Sec. 604. Responsibilities of Federal agencies.
Sec. 605. Reports to Congress.
TITLE VII--SENSE OF CONGRESS ON AGRICULTURE AND FARMING SMALL BUSINESS 
                                 LOANS

Sec. 701. Sense of Congress.
         TITLE VIII--SMALL BUSINESS BORROWER ASSISTANCE PROGRAM

Sec. 801. Short title.
Sec. 802. Small Business Borrower Assistance Program.

                  TITLE I--SMALL BUSINESS LENDING FUND

SEC. 101. PURPOSE.

    The purpose of this title is to address the ongoing effects of the 
financial crisis on small businesses by providing temporary authority 
to the Secretary of the Treasury to make capital investments in 
eligible institutions in order to increase the availability of credit 
for small businesses.

SEC. 102. DEFINITIONS.

    For purposes of this title:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Small Business and 
                Entrepreneurship, the Committee on Agriculture, 
                Nutrition, and Forestry, the Committee on Banking, 
                Housing, and Urban Affairs, the Committee on Finance, 
                the Committee on the Budget, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Small Business, the Committee 
                on Agriculture, the Committee on Financial Services, 
                the Committee on Ways and Means, the Committee on the 
                Budget, and the Committee on Appropriations of the 
                House of Representatives.
            (2) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency'' has the meaning given 
        such term under section 3(q) of the Federal Deposit Insurance 
        Act (12 U.S.C. 1813(q)).
            (3) Bank holding company.--The term ``bank holding 
        company'' has the meaning given such term under section 2(a)(1) 
        of the Bank Holding Company Act of 1956 (12 U.S.C. 
        1841(2)(a)(1)).
            (4) Call report.--The term ``call report'' means--
                    (A) reports of Condition and Income submitted to 
                the Office of the Comptroller of the Currency, the 
                Board of Governors of the Federal Reserve System, and 
                the Federal Deposit Insurance Corporation;
                    (B) the Office of Thrift Supervision Thrift 
                Financial Report;
                    (C) any report that is designated by the Office of 
                the Comptroller of the Currency, the Board of Governors 
                of the Federal Reserve System, the Federal Deposit 
                Insurance Corporation, or the Office of Thrift 
                Supervision, as applicable, as a successor to any 
                report referred to in subparagraph (A) or (B);
                    (D) standard reports of Condition and Income 
                submitted by Community Development Financial 
                Institution loan funds to the Community Development 
                Financial Institutions Fund; and
                    (E) with respect to an eligible institution for 
                which no report exists that is described under 
                subparagraph (A), (B), or (C), such other report or set 
                of information as the Secretary, in consultation with 
                the Administrator of the Small Business Administration, 
                may prescribe.
            (5) CDCI.--The term ``CDCI'' means the Community 
        Development Capital Initiative created by the Secretary under 
        the Troubled Asset Relief Program established by the Emergency 
        Economic Stabilization Act of 2008.
            (6) CDCI investment.--The term ``CDCI investment'' means, 
        with respect to any eligible institution, the principal amount 
        of any investment made by the Secretary in such eligible 
        institution under the CDCI that has not been repaid.
            (7) CPP.--The term ``CPP'' means the Capital Purchase 
        Program created by the Secretary under the Troubled Asset 
        Relief Program established by the Emergency Economic 
        Stabilization Act of 2008.
            (8) CPP investment.--The term ``CPP investment'' means, 
        with respect to any eligible institution, the principal amount 
        of any investment made by the Secretary in such eligible 
        institution under the CPP that has not been repaid.
            (9) Eligible institution.--The term ``eligible 
        institution'' means--
                    (A) any insured depository institution, which--
                            (i) is not controlled by a bank holding 
                        company or savings and loan holding company 
                        that is also an eligible institution;
                            (ii) has total assets of equal to or less 
                        than $10,000,000,000, as reported in the call 
                        report as of the end of the fourth quarter of 
                        calendar year 2009; and
                            (iii) is not directly or indirectly 
                        controlled by any company or other entity that 
                        has total consolidated assets of more than 
                        $10,000,000,000, as so reported;
                    (B) any bank holding company which has total 
                consolidated assets of equal to or less than 
                $10,000,000,000;
                    (C) any savings and loan holding company which has 
                total consolidated assets of equal to or less than 
                $10,000,000,000;
                    (D) any community development financial institution 
                loan fund which has total assets of equal to or less 
                than $10,000,000,000; and
                    (E) any small business lending company that has 
                total assets of equal to or less than $10,000,000,000.
            (10) Fund.--The term ``Fund'' means the Small Business 
        Lending Fund established by section 4(a)(1) of this title.
            (11) Insured depository institution.--The term ``insured 
        depository institution'' has the meaning given such term under 
        section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 
        1813(c)(2)).
            (12) Program.--The term ``Program'' means the Small 
        Business Lending Fund Program authorized by section 4(a)(2) of 
        this title.
            (13) Savings and loan holding company.--The term ``savings 
        and loan holding company'' has the meaning given such term 
        under section 10(a)(1)(D) of the Home Owners' Loan Act (12 
        U.S.C. 1467a(a)(1)(D)).
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (15) Small business lending.--
                    (A) In general.--The term ``small business 
                lending'' means small business lending, as defined by 
                and reported in an eligible institution's quarterly 
                call report, where each loan comprising such lending is 
                made to a small business and is one of the following 
                types:
                            (i) Commercial and industrial loans.
                            (ii) Owner-occupied nonfarm, nonresidential 
                        real estate loans.
                            (iii) Loans to finance agricultural 
                        production and other loans to farmers.
                            (iv) Loans secured by farmland.
                            (v) Nonowner-occupied commercial real 
                        estate loans.
                            (vi) Construction, land development, and 
                        other land loans.--
                                    (I) In general.--Loans secured by 
                                real estate--
                                            (aa) that are made to 
                                        finance--

                                                    (AA) land 
                                                development that is 
                                                preparatory to erecting 
                                                new structures, 
                                                including improving 
                                                land, laying sewers, 
                                                and laying water pipes; 
                                                or

                                                    (BB) the on-site 
                                                construction of 
                                                industrial, commercial, 
                                                residential, or farm 
                                                buildings;

                                            (bb) that is vacant land, 
                                        except land known to be used or 
                                        usable for agricultural 
                                        purposes, such as crop and 
                                        livestock production;
                                            (cc) the proceeds of which 
                                        are to be used to acquire and 
                                        improve developed or 
                                        undeveloped property; or
                                            (dd) that are made under 
                                        title I or title X of the 
                                        National Housing Act.
                                    (II) Construction industry 
                                requirement.--Subclause (I) shall only 
                                apply to loans that are extended to 
                                small business concerns in the 
                                construction industry, as such term is 
                                defined by the Secretary in 
                                consultation with the Administrator of 
                                the Small Business Administration.
                                    (III) Construction defined.--For 
                                purposes of this clause, the term 
                                ``construction'' includes the 
                                construction of new structures, 
                                additions or alterations to existing 
                                structures, and the demolition of 
                                existing structures to make way for new 
                                structures.
                    (B) Treatment of holding companies.--In the case of 
                eligible institutions that are bank holding companies 
                or savings and loan holding companies having one or 
                more insured depository institution subsidiaries, small 
                business lending shall be measured based on the 
                combined small business lending reported in the call 
                report of the insured depository institution 
                subsidiaries.
            (16) Minority-owned and women-owned business.--The terms 
        ``minority-owned business'' and ``women-owned business'' shall 
        have the meaning given the terms ``minority-owned business'' 
        and ``women's business'', respectively, under section 21A(r)(4) 
        of the Federal Home Loan Bank Act (12 U.S.C. 1441A(r)(4)).
            (17) CDFI; community development financial institution.--
        The terms ``CDFI'' and ``community development financial 
        institution'' have the meaning given the term ``community 
        development financial institution'' under the Riegle Community 
        Development and Regulatory Improvement Act of 1994.
            (18) CDLF; community development loan fund.--The terms 
        ``CDLF'' and ``community development loan fund'' mean any 
        entity that--
                    (A) is certified by the Department of the Treasury 
                as a community development financial institution loan 
                fund;
                    (B) is exempt from taxation under the Internal 
                Revenue Code of 1986; and
                    (C) has assets under $10,000,000,000 as of the 
                fourth quarter of calendar year 2009.
            (19) Small business.--The term ``small business'' has the 
        meaning given the term ``small business concern'' under section 
        3 of the Small Business Act (15 U.S.C. 632).
            (20) Small business lending company.--The term ``small 
        business lending company'' has the meaning given such term 
        under section 3(r)(1) of the Small Business Act (15 U.S.C. 
        632(r)(1)).
            (21) Veteran-owned business.--
                    (A) The term ``veteran-owned business'' means a 
                business--
                            (i) more than 50 percent of the ownership 
                        or control of which is held by 1 or more 
                        veterans;
                            (ii) more than 50 percent of the net profit 
                        or loss of which accrues to 1 or more veterans; 
                        and
                            (iii) a significant percentage of senior 
                        management positions of which are held by 
                        veterans.
                    (B) For purposes of this paragraph, the term 
                ``veteran'' has the meaning given such term in section 
                101(2) of title 38, United States Code.

SEC. 103. SMALL BUSINESS LENDING FUND.

    (a) Fund and Program.--
            (1) Fund established.--There is established in the Treasury 
        of the United States a fund to be known as the ``Small Business 
        Lending Fund'', which shall be administered by the Secretary.
            (2) Programs authorized.--The Secretary is authorized to 
        establish the Small Business Lending Fund Program for using the 
        Fund consistent with this title.
    (b) Use of Fund.--
            (1) In general.--Subject to paragraph (2), the Fund shall 
        be available to the Secretary, without further appropriation or 
        fiscal year limitation, for the costs of purchases (including 
        commitments to purchase), and modifications of such purchases, 
        of preferred stock and other financial instruments from 
        eligible institutions on such terms and conditions as are 
        determined by the Secretary in accordance with this title. For 
        purposes of this paragraph and with respect to an eligible 
        institution, the term ``other financial instruments'' shall 
        include only debt instruments for which such eligible 
        institution is fully liable or equity equivalent capital of the 
        eligible institution. Such debt instruments may be subordinated 
        to the claims of other creditors of the eligible institution.
            (2) Maximum purchase limit.--The aggregate amount of 
        purchases (and commitments to purchase) made pursuant to 
        paragraph (1) may not exceed $30,000,000,000.
            (3) Proceeds used to pay down public debt.--All funds 
        received by the Secretary in connection with purchases made 
        pursuant to paragraph (1), including interest payments, 
        dividend payments, and proceeds from the sale of any financial 
        instrument, shall be paid into the general fund of the Treasury 
        for reduction of the public debt.
            (4) Limitation on purchases from cdlfs.--
                    (A) In general.--Not more than 1 percent of the 
                value of purchases made by the Secretary in carrying 
                out the Program may be used to make purchases from 
                community development loan funds.
                    (B) Eligibility standards.--The Secretary, in 
                consultation with the Community Development Financial 
                Institutions Fund, shall develop eligibility criteria 
                to determine the financial ability of a CDLF to 
                participate in the Program and repay the investment. 
                Such criteria may include net asset ratio to total 
                assets, ratio of loan loss reserves to loans and leases 
                90 days or more delinquent (including loans sold with 
                full recourse), positive net income measured on a 3-
                year rolling average, operating liquidity ratio, ratio 
                of loans and leases 90 days or more delinquent 
                (including loans sold with full recourse) to total 
                equity plus loan loss reserves or any other measures 
                deemed appropriate. In addition, CDLFs participating in 
                the Program shall submit audited financial statements 
                to the Secretary, have a clean audit opinion, and have 
                at least three years of operating experience.
    (c) Credits to the Fund.--There shall be credited to the Fund 
amounts made available pursuant to section 9, to the extent provided by 
appropriations Acts.
    (d) Terms.--
            (1) Application.--
                    (A) Institutions with assets of $1,000,000,000 or 
                less.--Eligible institutions having total assets equal 
                to or less than $1,000,000,000, as reported in a call 
                report as of the end of the fourth quarter of calendar 
                year 2009, may apply to receive a capital investment 
                from the Fund in an amount not exceeding 5 percent of 
                risk-weighted assets, as reported in the call report 
                immediately preceding the date of application, less the 
                amount of any CDCI investment and any CPP investment.
                    (B) Institutions with assets of more than 
                $1,000,000,000 and less than $10,000,000,000.--Eligible 
                institutions having total assets of more than 
                $1,000,000,000 but less than $10,000,000,000, as of the 
                end of the fourth quarter of calendar year 2009, may 
                apply to receive a capital investment from the Fund in 
                an amount not exceeding 3 percent of risk-weighted 
                assets, as reported in the call report immediately 
                preceding the date of application, less the amount of 
                any CDCI investment and any CPP investment.
                    (C) Treatment of holding companies.--In the case of 
                an eligible institution that is a bank holding company 
                or a savings and loan holding company having one or 
                more insured depository institution subsidiaries, total 
                assets shall be measured based on the combined total 
                assets reported in the call report of the insured 
                depository institution subsidiaries as of the end of 
                the fourth quarter of calendar year 2009 and risk-
                weighted assets shall be measured based on the combined 
                risk-weighted assets of the insured depository 
                institution subsidiaries as reported in the call report 
                immediately preceding the date of application.
                    (D) Treatment of applicants that are institutions 
                controlled by holding companies.--If an eligible 
                institution that applies to receive a capital 
                investment under the Program is under the control of a 
                bank holding company or a savings and loan holding 
                company, then the Secretary may use the Fund to 
                purchase preferred stock or other financial instruments 
                from the top-tier bank holding company or savings and 
                loan holding company of such eligible institution, as 
                applicable. For purposes of this paragraph, the term 
                ``control'' with respect to a bank holding company 
                shall have the same meaning as in section 2(a)(2) of 
                the Bank Holding Company Act of 1956 (12 U.S.C. 
                1841(2)(a)(2)). For purposes of this paragraph, the 
                term ``control'' with respect to a savings and loan 
                holding company shall have the same meaning as in 
                10(a)(2) of the Home Owners' Loan Act (12 U.S.C. 
                1467a(a)(2)).
                    (E) Requirement to provide a small business lending 
                plan.--At the time that an applicant submits an 
                application to the Secretary for a capital investment 
                under the Program, the applicant shall deliver to the 
                appropriate Federal banking agency and, for applicants 
                that are State-chartered banks, to the appropriate 
                State banking regulator, a small business lending plan 
                describing how the applicant's business strategy and 
                operating goals will allow it to address the needs of 
                small businesses in the areas it serves, as well as a 
                plan to provide linguistically and culturally 
                appropriate outreach, where appropriate. This plan 
                shall be confidential supervisory information.
                    (F) Treatment of applicants that are community 
                development loan funds.--Eligible institutions that are 
                community development loan funds may apply to receive a 
                capital investment from the Fund in an amount not 
                exceeding 10 percent of total assets, as reported in 
                the call report immediately preceding the date of 
                application.
                    (G) Election to include other nonfarm, 
                nonresidential real estate loans in amount of small 
                business lending.--At the time that an applicant 
                submits an application to the Secretary for a capital 
                investment under the Program, the applicant may notify 
                the Secretary that it elects to have included in the 
                determination of the amount of its small business 
                lending, for purposes of the computations made under 
                paragraph (4), the amount of lending reported as other 
                nonfarm, nonresidential real estate loans in its 
                quarterly call report, but for purposes of this 
                subparagraph, other nonfarm, nonresidential real estate 
                loans shall not include a loan having an original 
                amount greater than $10,000,000. If an applicant makes 
                the election under this subparagraph, the amount of 
                lending reported as other nonfarm, nonresidential real 
                estate loans shall be included in the determination of 
                the amount of its small business lending for purposes 
                of the computations made under paragraph (4).
            (2) Consultation with regulators.--For each eligible 
        institution that applies to receive a capital investment under 
        the Program, the Secretary shall--
                    (A) consult with the appropriate Federal banking 
                agency or, in the case of an eligible institution that 
                is a non-depository community development financial 
                institution, the Community Development Financial 
                Institution Fund, for the eligible institution to 
                determine whether the eligible institution may receive 
                such capital investment;
                    (B) in the case of an eligible institution that is 
                a State-chartered bank, consider any views received 
                from the State banking regulator of the State of the 
                eligible institution regarding the financial condition 
                of the eligible institution; and
                    (C) in the case of a community development 
                financial institution loan fund, consult with the 
                Community Development Financial Institution Fund.
            (3) Ineligibility of institutions on fdic problem bank 
        list.--
                    (A) In general.--An eligible institution may not 
                receive any capital investment under the Program if--
                            (i) such institution is on the FDIC problem 
                        bank list; or
                            (ii) such institution has been removed from 
                        the FDIC problem bank list for less than 90 
                        days.
                    (B) Construction.--Nothing in subparagraph (A) 
                shall be construed as limiting the discretion of the 
                Secretary to deny the application of an eligible 
                institution that is not on the FDIC problem bank list.
                    (C) FDIC problem bank list defined.--For purposes 
                of this subparagraph, the term ``FDIC problem bank 
                list'' means the list of institutions with a current 
                rating of 4 or 5 under the Uniform Financial 
                Institutions Rating System, or such other list 
                designated by the Federal Deposit Insurance 
                Corporation.
            (4) Incentives to lend.--
                    (A) Requirements on preferred stock and other 
                financial instruments.--Any preferred stock or other 
                financial instrument issued to Treasury by an eligible 
                institution receiving a capital investment under the 
                Program shall provide that--
                            (i) the rate at which dividends or interest 
                        are payable shall be 5 percent per annum 
                        initially;
                            (ii) within the first 2 years after the 
                        date of the capital investment under the 
                        Program, the rate may be adjusted based on the 
                        amount of an eligible institution's small 
                        business lending. Changes in the amount of 
                        small business lending shall be measured 
                        against the average amount of small business 
                        lending reported by the eligible institution in 
                        its call reports for the 4 full quarters 
                        immediately preceding the enactment of this 
                        title, minus adjustments from each quarterly 
                        balance in respect of--
                                    (I) net loan charge offs with 
                                respect to small business lending; and
                                    (II) gains realized by the eligible 
                                institution resulting from mergers, 
                                acquisitions or purchases of loans 
                                after origination and syndication; 
                                which adjustments shall be determined 
                                in accordance with guidance promulgated 
                                by the Secretary; and
                            (iii) during any calendar quarter during 
                        the initial 2-year period referred to in clause 
                        (ii), an institution's rate shall be adjusted 
                        to reflect the following schedule, based on 
                        that institution's change in the amount of 
                        small business lending relative to the 
                        baseline--
                                    (I) if the amount of small business 
                                lending has increased by less than 2.5 
                                percent, the dividend or interest rate 
                                shall be 5 percent;
                                    (II) if the amount of small 
                                business lending has increased by 2.5 
                                percent or greater, but by less than 
                                5.0 percent, the dividend or interest 
                                rate shall be 4 percent;
                                    (III) if the amount of small 
                                business lending has increased by 5.0 
                                percent or greater, but by less than 
                                7.5 percent, the dividend or interest 
                                rate shall be 3 percent;
                                    (IV) if the amount of small 
                                business lending has increased by 7.5 
                                percent or greater, and but by less 
                                than 10.0 percent, the dividend or 
                                interest rate shall be 2 percent; or
                                    (V) if the amount of small business 
                                lending has increased by 10 percent or 
                                greater, the dividend or interest rate 
                                shall be 1 percent.
                    (B) Basis of initial rate.--The initial dividend or 
                interest rate shall be based on call report data 
                published in the quarter immediately preceding the date 
                of the capital investment under the Program.
                    (C) Timing of rate adjustments.--Any rate 
                adjustment shall occur in the calendar quarter 
                following the publication of call report data, such 
                that the rate based on call report data from any one 
                calendar quarter, which is published in the first 
                following calendar quarter, shall be adjusted in that 
                first following calendar quarter and payable in the 
                second following quarter.
                    (D) Rate following initial 2-year period.--
                Generally, the rate based on call report data from the 
                eighth calendar quarter after the date of the capital 
                investment under the Program shall be payable until the 
                expiration of the 4\1/2\-year period that begins on the 
                date of the investment. In the case where the amount of 
                small business lending has remained the same or 
                decreased relative to the institution's baseline in the 
                eighth quarter after the date of the capital investment 
                under the Program, the rate shall be 7 percent until 
                the expiration of the 4\1/2\-year period that begins on 
                the date of the investment.
                    (E) Rate following initial 4\1/2\-year period.--The 
                dividend or interest rate paid on any preferred stock 
                or other financial instrument issued by an eligible 
                institution that receives a capital investment under 
                the Program shall increase to 9 percent at the end of 
                the 4\1/2\-year period that begins on the date of the 
                capital investment under the Program.
                    (F) Limitation on rate reductions with respect to 
                certain amount.--The reduction in the dividend or 
                interest rate payable to Treasury by any eligible 
                institution shall be limited such that the rate 
                reduction shall not apply to a dollar amount of the 
                investment made by Treasury that is greater than the 
                dollar amount increase in the amount of small business 
                lending realized under this program. The Secretary may 
                issue guidelines that will apply to new capital 
                investments limiting the amount of capital available to 
                eligible institutions consistent with this limitation.
                    (G) Rate adjustments for s corporation.--Before 
                making a capital investment in an eligible institution 
                that is an S corporation or a corporation organized on 
                a mutual basis, the Secretary may adjust the dividend 
                or interest rate on the financial instrument to be 
                issued to the Secretary, from the dividend or interest 
                rate that would apply under subparagraphs (A) through 
                (F), to take into account any differential tax 
                treatment of securities issued by such eligible 
                institution. For purpose of this subparagraph, the term 
                ``S corporation'' has the same meaning as in section 
                1361(a) of the Internal Revenue Code of 1986.
                    (H) Repayment deadline.--The capital investment 
                received by an eligible institution under the Program 
                shall be evidenced by preferred stock or other 
                financial instrument that--
                            (i) includes, as a term and condition, that 
                        the capital investment will--
                                    (I) be repaid not later than the 
                                end of the 10-year period beginning on 
                                the date of the capital investment 
                                under the Program; or
                                    (II) at the end of such 10-year 
                                period, be subject to such additional 
                                terms as the Secretary shall prescribe, 
                                which shall include a requirement that 
                                the stock or instrument shall carry the 
                                highest dividend or interest rate 
                                payable; and
                            (ii) provides that the term and condition 
                        described under clause (i) shall not apply if 
                        the application of that term and condition 
                        would adversely affect the capital treatment of 
                        the stock or financial instrument under current 
                        or successor applicable capital provisions 
                        compared to a capital instrument with identical 
                        terms other than the term and condition 
                        described under clause (i).
                    (I) Requirements on financial instruments issued by 
                a community development financial institution loan 
                fund.--Any equity equivalent capital issued to the 
                Treasury by a Community Development Financial 
                Institution loan fund receiving a capital investment 
                under the Program shall provide that the rate at which 
                interest is payable shall be 2 percent per annum for 8 
                years. After 8 years, the rate at which interest is 
                payable shall be 9 percent.
                    (J) Incentives contingent on an increase in the 
                number of loans made.--For any quarter during the first 
                4\1/2\-year period following the date on which an 
                eligible institution receives a capital investment 
                under the Program, other than the first such quarter, 
                in which the institution's change in the amount of 
                small business lending relative to the baseline is 
                positive, if the number of loans made by the 
                institution does not increase by 2.5 percent for each 
                2.5 percent increase of small business lending, then 
                the rate at which dividends and interest shall be 
                payable during the following quarter on preferred stock 
                or other financial instruments issued to the Treasury 
                by the eligible institution shall be--
                            (i) 5 percent, if such quarter is within 
                        the 2-year period following the date on which 
                        the eligible institution receives the capital 
                        investment under the Program; or
                            (ii) 7 percent, if such quarter is after 
                        such 2-year period.
                    (K) Alternative computation.--An eligible 
                institution may choose to compute their small business 
                lending amount by computing the amount of small 
                business lending, as if the definition of such term did 
                not require that the loans comprising such lending be 
                made to small business. Any eligible institution 
                choosing to compute their small business lending in 
                this manner shall certify that all lending included by 
                the institution for purposes of computing the increase 
                in lending under this paragraph was made to small 
                businesses.
            (5) Additional incentives to repay.--The Secretary may, by 
        regulation or guidance issued under section 104(8), establish 
        repayment incentives in addition to the incentive in paragraph 
        (4)(E) that will apply to new capital investments in a manner 
        that the Secretary determines to be consistent with the 
        purposes of this title.
            (6) Capital purchase program refinance.--
                    (A) In general.--The Secretary shall, in a manner 
                that the Secretary determines to be consistent with the 
                purposes of this title, issue regulations and other 
                guidance to permit eligible institutions to refinance 
                securities issued to Treasury under the CDCI and the 
                CPP for securities to be issued under the Program.
                    (B) Prohibition on participation by non-paying cpp 
                participants.--Subparagraph (A) shall not apply to any 
                eligible institution that has missed more than one 
                dividend payment due under the CPP. For purposes of 
                this subparagraph, a CPP dividend payment that is 
                submitted within 60 days of the due date of such 
                payment shall not be considered a missed dividend 
                payment.
            (7) Outreach to minorities, women, and veterans.--The 
        Secretary shall require eligible institutions receiving capital 
        investments under the Program to provide linguistically and 
        culturally appropriate outreach and advertising in the 
        applicant pool describing the availability and application 
        process of receiving loans from the eligible institution that 
        are made possible by the Program through the use of print, 
        radio, television or electronic media outlets which target 
        organizations, trade associations, and individuals that--
                    (A) represent or work within or are members of 
                minority communities;
                    (B) represent or work with or are women; and
                    (C) represent or work with or are veterans.
            (8) Additional terms.--The Secretary may, by regulation or 
        guidance issued under section 5(9), make modifications that 
        will apply to new capital investments in order to manage risks 
        associated with the administration of the Fund in a manner 
        consistent with the purposes of this title.
            (9) Minimum underwriting standards.--The appropriate 
        Federal banking agency for an eligible institution that 
        receives funds under the Program shall within 60 days issue 
        guidance regarding prudent underwriting standards that must be 
        used for loans made by the eligible institution using such 
        funds. In the case of a community development financial 
        institution loan fund, the Community Development Financial 
        Institutions Fund shall within 60 days issue regulations 
        defining minimum underwriting standards that must be used for 
        loans made by the eligible institution using such funds.
            (10) Reporting.--Each eligible institution receiving a 
        capital investment under the Program shall issue a quarterly 
        report to the Secretary detailing the percentage of new loans 
        to small businesses the institution makes that are--
                    (A) guaranteed by the Small Business 
                Administration;
                    (B) made to Small Business Investment Companies;
                    (C) other loans made to small business concerns (as 
                defined under the Small Business Act), if the internal 
                reporting of the concern distinguishes the size of 
                businesses to which loans are made; and
                    (D) other loans made to entities that the internal 
                reporting of the concern classifies as a small 
                business.
    (e) Notification to Customers.--Any eligible institution receiving 
funds under the Program shall--
            (1) disclose on every applicable loan transaction that the 
        loan is being made possible by the Program; and
            (2) if such institution has an established internet 
        website, such institution shall make available on its internet 
        website--
                    (A) the written reports made by the Secretary 
                pursuant to paragraphs (1) and (2) of section 7; and
                    (B) a statement that the institution, as a 
                participant in the Program, is seeking to make small 
                business loans to qualified borrowers and may not 
                discriminate on the basis of any factor prohibited 
                under the Equal Credit Opportunity Act, including the 
                race, color, religion, national origin, sex, marital 
                status, or age.

SEC. 104. ADDITIONAL AUTHORITIES OF THE SECRETARY.

    The Secretary may take such actions as the Secretary deems 
necessary to carry out the authorities in this title, including, 
without limitation, the following:
            (1) The Secretary may use the services of any agency or 
        instrumentality of the United States or component thereof on a 
        reimbursable basis, and any such agency or instrumentality or 
        component thereof is authorized to provide services as 
        requested by the Secretary using all authorities vested in or 
        delegated to that agency, instrumentality, or component.
            (2) The Secretary may designate any bank, savings 
        association, trust company, security broker or dealer, asset 
        manager, or investment adviser as a financial agent of the 
        Federal Government and such institution shall perform all such 
        reasonable duties related to this title as financial agent of 
        the Federal Government as may be required. The Secretary shall 
        have authority to amend existing agreements with financial 
        agents, entered into during the 2-year period before the date 
        of enactment of this title, to perform reasonable duties 
        related to this title.
            (3) The Secretary may exercise any rights received in 
        connection with any preferred stock or other financial 
        instruments or assets purchased or acquired pursuant to the 
        authorities granted under this title.
            (4) Subject to section 4(b)(3), the Secretary may manage 
        any assets purchased under this title, including revenues and 
        portfolio risks therefrom.
            (5) The Secretary may sell, dispose of, transfer, exchange 
        or enter into securities loans, repurchase transactions, or 
        other financial transactions in regard to, any preferred stock 
        or other financial instrument or asset purchased or acquired 
        under this title, upon terms and conditions and at a price 
        determined by the Secretary.
            (6) The Secretary may manage or prohibit conflicts of 
        interest that may arise in connection with the administration 
        and execution of the authorities provided under this title.
            (7) The Secretary may establish and use vehicles, subject 
        to supervision by the Secretary, to purchase, hold, and sell 
        preferred stock or other financial instruments and issue 
        obligations.
            (8) The Secretary may, in consultation with the 
        Administrator of the Small Business Administration, issue such 
        regulations and other guidance as may be necessary or 
        appropriate to define terms or carry out the authorities or 
        purposes of this title.

SEC. 105. CONSIDERATIONS.

    In exercising the authorities granted in this title, the Secretary 
shall take into consideration--
            (1) increasing the availability of credit for small 
        businesses;
            (2) providing funding to minority-owned eligible 
        institutions and other eligible institutions that serve small 
        businesses that are minority-, veteran-, and women-owned and 
        that also serve low- and moderate-income, minority, and other 
        underserved or rural communities;
            (3) protecting and increasing American jobs;
            (4) increasing the opportunity for small business 
        development in areas with high unemployment rates that exceed 
        the national average;
            (5) ensuring that all eligible institutions may apply to 
        participate in the program established under this title, 
        without discrimination based on geography;
            (6) providing transparency with respect to use of funds 
        provided under this title;
            (7) minimizing the cost to taxpayers of exercising the 
        authorities;
            (8) promoting and engaging in financial education to would-
        be borrowers; and
            (9) providing funding to eligible institutions that serve 
        small businesses directly affected by the discharge of oil 
        arising from the explosion on and sinking of the mobile 
        offshore drilling unit Deepwater Horizon and small businesses 
        in communities that have suffered negative economic effects as 
        a result of that discharge with particular consideration to 
        States along the coast of the Gulf of Mexico.

SEC. 106. REPORTS.

    The Secretary shall provide to the appropriate committees of 
Congress--
            (1) within 7 days of the end of each month commencing with 
        the first month in which transactions are made under the 
        Program, a written report describing all of the transactions 
        made during the reporting period pursuant to the authorities 
        granted under this title;
            (2) after the end of March and the end of September, 
        commencing September 30, 2010, a written report on all 
        projected costs and liabilities, all operating expenses, 
        including compensation for financial agents, and all 
        transactions made by the Fund, which shall include 
        participating institutions and amounts each institution has 
        received under the Program; and
            (3) within 7 days of the end of each month commencing with 
        the first month in which transactions are made under the 
        Program, a written report detailing how eligible institutions 
        participating in the Program have used the funds such 
        institutions received under the Program.

SEC. 107. OVERSIGHT AND AUDITS.

    (a) Inspector General Oversight.--The Inspector General of the 
Department of the Treasury shall conduct, supervise, and coordinate 
audits and investigations of the Program through the Office of Small 
Business Lending Fund Program Oversight established under subsection 
(b).
    (b) Office of Small Business Lending Fund Program Oversight.--
            (1) Establishment.--There is hereby established within the 
        Office of the Inspector General of the Department of the 
        Treasury a new office to be named the ``Office of Small 
        Business Lending Fund Program Oversight'' to provide oversight 
        of the Program.
            (2) Leadership.--The Inspector General shall appoint a 
        Special Deputy Inspector General for SBLF Program Oversight to 
        lead the Office, with commensurate staff, who shall report 
        directly to the Inspector General and who shall be responsible 
        for the performance of all auditing and investigative 
        activities relating to the Program.
            (3) Reporting.--
                    (A) In general.--The Inspector General shall issue 
                a report no less than two times a year to the Congress 
                and the Secretary devoted to the oversight provided by 
                the Office, including any recommendations for 
                improvements to the Program.
                    (B) Recommendations.--With respect to any 
                deficiencies identified in a report under subparagraph 
                (A), the Secretary shall either--
                            (i) take actions to address such 
                        deficiencies; or
                            (ii) certify to the appropriate committees 
                        of Congress that no action is necessary or 
                        appropriate.
            (4) Coordination.--The Inspector General, in maximizing the 
        effectiveness of the Office, shall work with other Offices of 
        Inspector General, as appropriate, to minimize duplication of 
        effort and ensure comprehensive oversight of the Program.
            (5) Termination.--The Office shall terminate at the end of 
        the 6-month period beginning on the date on which all capital 
        investments are repaid under the Program or the date on which 
        the Secretary determines that any remaining capital investments 
        will not be repaid.
            (6) Definitions.--For purposes of this subsection:
                    (A) Office.--The term ``Office'' means the Office 
                of Small Business Lending Fund Program Oversight 
                established under paragraph (1).
                    (B) Inspector general.--The term ``Inspector 
                General'' means the Inspector General of the Department 
                of the Treasury.
    (c) GAO Audit.--The Comptroller General of the United States shall 
perform an annual audit of the Program and issue a report to the 
appropriate committees of Congress containing the results of such 
audit.
    (d) Required Certifications.--
            (1) Eligible institution certification.--Each eligible 
        institution that participate in the Program must certify that 
        such institution is in compliance with the requirements of 
        section 103.121 of title 31, Code of Federal Regulations, a 
        regulation that, at a minimum, requires financial institutions, 
        as that term is defined in 31 U.S.C. 5312(a)(2) and (c)(1)(A), 
        to implement reasonable procedures to verify the identity of 
        any person seeking to open an account, to the extent reasonable 
        and practicable, maintain records of the information used to 
        verify the person's identity, and determine whether the person 
        appears on any lists of known or suspected terrorists or 
        terrorist organizations provided to the financial institution 
        by any government agency.
            (2) Loan recipients.--With respect to funds received by an 
        eligible institution under the Program, any business receiving 
        a loan from the eligible institution using such funds after the 
        date of the enactment of this title shall certify to such 
        eligible institution that the principals of such business have 
        not been convicted of a sex offense against a minor (as such 
        terms are defined in section 111 of the Sex Offender 
        Registration and Notification Act (42 U.S.C. 16911)).
    (e) Prohibition on Pornography.--None of the funds made available 
under this title may be used to pay the salary of any individual 
engaged in activities related to the Program who has been officially 
disciplined for violations of subpart G of the Standards of Ethical 
Conduct for Employees of the Executive Branch for viewing, downloading, 
or exchanging pornography, including child pornography, on a Federal 
Government computer or while performing official Federal Government 
duties.

SEC. 108. CREDIT REFORM; FUNDING.

    (a) Credit Reform.--The cost of purchases of preferred stock and 
other financial instruments made as capital investments under this 
title shall be determined as provided under the Federal Credit Reform 
Act of 1990 (2 U.S.C. 661 et seq.).
    (b) Funds Made Available.--There are hereby appropriated, out of 
funds in the Treasury not otherwise appropriated, such sums as may be 
necessary to pay the costs of $30,000,000,000 of capital investments in 
eligible institutions, including the costs of modifying such 
investments, and reasonable costs of administering the program of 
making, holding, managing, and selling the capital investments.

SEC. 109. TERMINATION AND CONTINUATION OF AUTHORITIES.

    (a) Termination of Investment Authority.--The authority to make 
capital investments in eligible institutions, including commitments to 
purchase preferred stock or other instruments, provided under this 
title shall terminate 1 year after the date of enactment of this title.
    (b) Continuation of Other Authorities.--The authorities of the 
Secretary in section 104 shall not be limited by the termination date 
in subsection (a).

SEC. 110. PRESERVATION OF AUTHORITY.

    Nothing in this title may be construed to limit the authority of 
the Secretary under any other provision of law.

SEC. 111. ASSURANCES.

    (a) Small Business Lending Fund Separate From TARP.--The Small 
Business Lending Fund Program is established as separate and distinct 
from the Troubled Asset Relief Program established by the Emergency 
Economic Stabilization Act of 2008. An institution shall not, by virtue 
of a capital investment under the Small Business Lending Fund Program, 
be considered a recipient of the Troubled Asset Relief Program.
    (b) Change in Law.--If, after a capital investment has been made in 
an eligible institution under the Program, there is a change in law 
that modifies the terms of the investment or program in a materially 
adverse respect for the eligible institution, the eligible institution 
may, after consultation with the appropriate Federal banking agency for 
the eligible institution, repay the investment without impediment.

SEC. 112. STUDY AND REPORT WITH RESPECT TO WOMEN-OWNED, VETERAN-OWNED, 
              AND MINORITY-OWNED BUSINESSES.

    (a) Study.--The Secretary shall conduct a study to determine the 
number of women-owned businesses, veteran-owned businesses, and 
minority-owned businesses that receive assistance as a result of the 
Program (including determining the percentage of the total number of 
all businesses that receive assistance that such number represents), 
including--
            (1) efforts, including technical assistance and outreach 
        that institutions have employed under the Program to provide 
        loans to minority-, veteran-, and women-owned small businesses;
            (2) loan applications received;
            (3) loan applications approved; and
            (4) and any other relevant data related to such 
        transactions to promote the purposes of the Program as the 
        Secretary may require.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit to Congress a report on the 
results of the study conducted pursuant to subsection (a). To the 
extent possible, the Secretary shall disaggregate the results of such 
study by ethnic group and gender.
    (c) Information Provided to the Secretary.--Eligible institutions 
that participate in the Program shall provide the Secretary with such 
information as the Secretary may require to carry out the study 
required by this section.

SEC. 113. TEMPORARY AMORTIZATION AUTHORITY.

    (a) Purpose.--The purpose this section is to address the ongoing 
effects of the financial crisis on small businesses by providing 
temporary authority to amortize losses or write-downs in order to 
increase the availability of credit for small businesses.
    (b) In General.--For purposes of capital calculation under the 
Financial Institutions Examination Council's Consolidated Reports of 
Condition, an eligible institution may choose to amortize any loss or 
write-down, on a quarterly straight line basis over a period determined 
under subsection (c), beginning with the month in which such loss or 
write-down occurs, resulting from the application of FASB Statement 114 
or 144 to--
            (1) other real estate owned (as defined under section 34.81 
        of title 12, Code of Federal Regulation), or
            (2) an impared loan secured by real estate,
provided that the institution discloses the difference in the amount of 
the institution's capital, when calculated taking into account the 
temporary amortization, from the amount of the institution's capital 
when calculated without taking into account the temporary amortization 
on the Financial Institutions Examination Council's Consolidated 
Reports of Condition.
    (c) Amortization Requirements.--During the initial 2-year period 
referred to in section 4(d)(4), an eligible institution's amortization 
period shall be adjusted to reflect the following schedule based on the 
institution's change in the amount of small business lending relative 
to the baseline:
            (1) If the amount of small business lending has increased 
        by less than 2.5 percent, the amortization period shall be 6 
        years.
            (2) If the amount of small business lending has increased 
        by 2.5 percent or greater, but by less than 5.0 percent, the 
        amortization period shall be 7 years.
            (3) If the amount of small business lending has increased 
        by 5.0 percent or greater, but by less than 7.5 percent, the 
        amortization period shall be 8 years.
            (4) If the amount of small business lending has increased 
        by 7.5 percent or greater, but by less than 10.0 percent, the 
        amortization period shall be 9 years.
            (5) If the amount of small business lending has increased 
        by 10 percent or greater, the amortization period shall be 10 
        years.
    (d) Minimum Underwriting Standards.--The appropriate Federal 
banking agency for an eligible institution that chooses to amortize any 
loss or write-down as permitted under subsection (b) shall, within 60 
days of the date of the enactment of this title, issue regulations 
defining minimum underwriting standards that must be used for loans 
made by the eligible institution.
    (e) Effective Date.--The provisions of this section shall apply to 
loan origination that occurred on or after January 1, 2003, and before 
January 1, 2008.

SEC. 114. SENSE OF CONGRESS.

    It is the sense of Congress that the Federal Deposit Insurance 
Corporation and other bank regulators are sending mixed messages to 
banks regarding regulatory capital requirements and lending standards, 
which is a contributing cause of decreased small business lending and 
increased regulatory uncertainty at community banks.

            TITLE II--STATE SMALL BUSINESS CREDIT INITIATIVE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``State Small Business Credit 
Initiative Act of 2010''.

SEC. 202. DEFINITIONS.

    For purposes of this title, the following definitions shall apply:
            (1) Appropriate federal banking agency.--The term 
        ``appropriate Federal banking agency''--
                    (A) has the same meaning as in section 3 of the 
                Federal Deposit Insurance Act; and
                    (B) includes the National Credit Union 
                Administration Board in the case of any credit union 
                the deposits of which are insured in accordance with 
                the Federal Credit Union Act.
            (2) Enrolled loan.--The term ``enrolled loan'' means a loan 
        made by a financial institution lender that is enrolled by a 
        participating State in an approved State capital access program 
        in accordance with this title.
            (3) Federal contribution.--The term ``Federal 
        contribution'' means the portion of the contribution made by a 
        participating State to, or for the account of, an approved 
        State program that is made with Federal funds allocated to the 
        State by the Secretary under section 203.
            (4) Financial institution.--The term ``financial 
        institution'' means any insured depository institution, insured 
        credit union, or community development financial institution, 
        as those terms are each defined in section 103 of the Riegle 
        Community Development and Regulatory Improvement Act of 1994.
            (5) Participating state.--The term ``participating State'' 
        means any State that has been approved for participation in the 
        Program under section 204.
            (6) Program.--The term ``Program'' means the State Small 
        Business Credit Initiative established under this title.
            (7) Qualifying loan or swap funding facility.--The term 
        ``qualifying loan or swap funding facility'' means a 
        contractual arrangement between a participating State and a 
        private financial entity under which--
                    (A) the participating State delivers funds to the 
                entity as collateral;
                    (B) the entity provides funding from the 
                arrangement back to the participating State; and
                    (C) the full amount of resulting funding from the 
                arrangement, less any fees and other costs of the 
                arrangement, is contributed to, or for the account of, 
                an approved State program.
            (8) Reserve fund.--The term ``reserve fund'' means a fund, 
        established by a participating State, dedicated to a particular 
        financial institution lender, for the purposes of--
                    (A) depositing all required premium charges paid by 
                the financial institution lender and by each borrower 
                receiving a loan under an approved State program from 
                that financial institution lender;
                    (B) depositing contributions made by the 
                participating State, including State contributions made 
                with Federal contributions; and
                    (C) covering losses on enrolled loans by disbursing 
                accumulated funds.
            (9) State.--The term ``State'' means--
                    (A) a State of the United States;
                    (B) the District of Columbia, the Commonwealth of 
                Puerto Rico, the Commonwealth of Northern Mariana 
                Islands, Guam, American Samoa, and the United States 
                Virgin Islands;
                    (C) when designated by a State of the United 
                States, a political subdivision of that State that the 
                Secretary determines has the capacity to participate in 
                the Program; and
                    (D) under the circumstances described in section 
                204(d), a municipality of a State of the United States 
                to which the Secretary has given a special permission 
                under section 204(d).
            (10) State capital access program.--The term ``State 
        capital access program'' means a program of a State that--
                    (A) uses public resources to promote private access 
                to credit; and
                    (B) meets the eligibility criteria in section 
                205(c).
            (11) State other credit support program.--The term ``State 
        other credit support program''--
                    (A) means a program of a State that--
                            (i) uses public resources to promote 
                        private access to credit;
                            (ii) is not a State capital access program; 
                        and
                            (iii) meets the eligibility criteria in 
                        section 206(c); and
                    (B) includes, collateral support programs, loan 
                participation programs, State-run venture capital fund 
                programs, and credit guarantee programs.
            (12) State program.--The term ``State program'' means a 
        State capital access program or a State other credit support 
        program.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.

SEC. 203. FEDERAL FUNDS ALLOCATED TO STATES.

    (a) Program Established; Purpose.--There is established the State 
Small Business Credit Initiative (hereinafter in this title referred to 
as the ``Program''), to be administered by the Secretary. Under the 
Program, the Secretary shall allocate Federal funds to participating 
States and make the allocated funds available to the participating 
States as provided in this section for the uses described in this 
section.
    (b) Allocation Formula.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this title, the Secretary shall allocate Federal 
        funds to participating States so that each State is eligible to 
        receive an amount equal to the average of the respective 
        amounts that the State--
                    (A) would receive under the 2009 allocation, as 
                determined under paragraph (2); and
                    (B) would receive under the 2010 allocation, as 
                determined under paragraph (3).
            (2) 2009 allocation formula.--
                    (A) In general.--The Secretary shall determine the 
                2009 allocation by allocating Federal funds among the 
                States in the proportion that each such State's 2008 
                State employment decline bears to the aggregate of the 
                2008 State employment declines for all States.
                    (B) Minimum allocation.--The Secretary shall adjust 
                the allocations under subparagraph (A) for each State 
                to the extent necessary to ensure that no State 
                receives less than 0.9 percent of the Federal funds.
                    (C) 2008 state employment decline defined.--For 
                purposes of this paragraph and with respect to a State, 
                the term ``2008 State employment decline'' means the 
                excess (if any) of--
                            (i) the number of individuals employed in 
                        such State determined for December 2007; over
                            (ii) the number of individuals employed in 
                        such State determined for December 2008.
            (3) 2010 allocation formula.--
                    (A) In general.--The Secretary shall determine the 
                2010 allocation by allocating Federal funds among the 
                States in the proportion that each such State's 2009 
                unemployment number bears to the aggregate of the 2009 
                unemployment numbers for all of the States.
                    (B) Minimum allocation.--The Secretary shall adjust 
                the allocations under subparagraph (A) for each State 
                to the extent necessary to ensure that no State 
                receives less than 0.9 percent of the Federal funds.
                    (C) 2009 unemployment number defined.--For purposes 
                of this paragraph and with respect to a State, the term 
                ``2009 unemployment number'' means the number of 
                individuals within such State who were determined to be 
                unemployed by the Bureau of Labor Statistics for 
                December 2009.
    (c) Availability of Allocated Amount.--The amount allocated by the 
Secretary to each participating State under subsection (b) shall be 
made available to the State as follows:
            (1) Allocated amount generally to be available to state in 
        one-thirds.--
                    (A) In general.--The Secretary shall--
                            (i) apportion the participating State's 
                        allocated amount into one-thirds;
                            (ii) transfer to the participating State 
                        the first one-third when the Secretary approves 
                        the State for participation under section 204; 
                        and
                            (iii) transfer to the participating State 
                        each successive one-third when the State has 
                        certified to the Secretary that it has 
                        expended, transferred, or obligated 80 percent 
                        of the last transferred one-third for Federal 
                        contributions to, or for the account of, State 
                        programs.
                    (B) Authority to withhold pending audit.--The 
                Secretary may withhold the transfer of any successive 
                one-third pending results of a financial audit.
                    (C) Transfers contingent on inspector general 
                audits.--
                            (i) In general.--Before a transfer to a 
                        participating State of the second one-third or 
                        the last one-third, the Inspector General of 
                        the Department of the Treasury shall carry out 
                        an audit of the participating State's use of 
                        amounts already received.
                            (ii) Penalty for misstatement.--Any 
                        participating State that is found to have 
                        intentionally misstated any report issued to 
                        the Secretary under the Program shall be 
                        ineligible to receive any additional funds 
                        under the Program. Funds that had been 
                        allocated or that would otherwise have been 
                        allocated to such participating State shall be 
                        paid into the general fund of the Treasury for 
                        reduction of the public debt.
                            (iii) Municipalities.--For purposes of this 
                        subparagraph, the term ``participating State'' 
                        shall include a municipality given special 
                        permission to participate in the Program, 
                        pursuant to section 204(d).
                    (D) Exception.--
                            (i) In general.--The Secretary may, in the 
                        Secretary's discretion, transfer the full 
                        amount of the participating State's allocated 
                        amount to the State in a single transfer if the 
                        participating State applies to the Secretary 
                        for approval to use the full amount of the 
                        allocation as collateral for a qualifying loan 
                        or swap funding facility.
                            (ii) Recoupment triggered by intentional 
                        misstatement.--If, in any audit of a report 
                        issued by a participating State that receives a 
                        single transfer pursuant to clause (i), the 
                        Secretary or the Inspector General of the 
                        Department of the Treasury determines that such 
                        State intentionally misstated information in 
                        such report, the participating State shall be 
                        required to fully repay all amounts received by 
                        the State under the Program, and such amounts 
                        shall be paid into the general fund of the 
                        Treasury for reduction of the public debt.
            (2) Transferred amounts.--Each amount transferred to a 
        participating State under this section shall remain available 
        to the State until used by the State as permitted under 
        paragraph (3).
            (3) Use of transferred funds.--Each participating State may 
        use funds transferred to it under this section only--
                    (A) for making Federal contributions to, or for the 
                account of, an approved State program;
                    (B) as collateral for a qualifying loan or swap 
                funding facility;
                    (C) in the case of the first one-third transferred, 
                for paying administrative costs incurred by the State 
                in implementing an approved State program in an amount 
                not to exceed 5 percent of that first one-third; or
                    (D) in the case of each successive one-third 
                transferred, for paying administrative costs incurred 
                by the State in implementing an approved State program 
                in an amount not to exceed 3 percent of that successive 
                one-third.
            (4) Termination of availability of amounts not transferred 
        within 2 years of participation.--Any portion of a 
        participating State's allocated amount that has not been 
        transferred to the State under this section by the end of the 
        2-year period beginning on the date that the Secretary approves 
        the State for participation may be deemed by the Secretary to 
        be no longer allocated to the State and no longer available to 
        the State and shall be returned to the General Fund of the 
        Treasury.
            (5) Transferred amounts not assistance.--The amounts 
        transferred to a participating State under this section shall 
        not be considered ``assistance'' for purposes of subtitle V of 
        title 31, United States Code.
            (6) Definitions.--For purposes of this section--
                    (A) the term ``allocated amount'' means the total 
                amount of Federal funds allocated by the Secretary 
                under subsection (b) to the participating State; and
                    (B) the term ``one-third'' means--
                            (i) in the case of the first and second 
                        one-thirds, an amount equal to 33 percent of a 
                        participating State's allocated amount; and
                            (ii) in the case of the last one-third, an 
                        amount equal to 34 percent of a participating 
                        State's allocated amount.

SEC. 204. APPROVING STATES FOR PARTICIPATION.

    (a) Application.--Any State may apply to the Secretary for approval 
to be a participating State under the Program and to be eligible for an 
allocation of Federal funds under the Program.
    (b) General Approval Criteria.--The Secretary shall approve a State 
to be a participating State, if--
            (1) a specific department, agency, or political subdivision 
        of the State has been designated to implement a State program 
        and participate in the Program;
            (2) all legal actions necessary to enable such designated 
        department, agency, or political subdivision to implement a 
        State program and participate in the Program have been 
        accomplished;
            (3) the State has filed an application with the Secretary 
        for approval of a State capital access program under section 
        205 or approval as a State other credit support program under 
        section 206, in each case within the time period provided in 
        the respective section; and
            (4) the State and the Secretary have executed an allocation 
        agreement that--
                    (A) conforms to the requirements of this title;
                    (B) ensures that the State program complies with 
                such national standards as are established by the 
                Secretary under section 209(a)(2);
                    (C) sets forth internal control, compliance, and 
                reporting requirements as established by the Secretary, 
                and such other terms and conditions necessary to carry 
                out the purposes of this title, including an agreement 
                by the State to allow the Secretary to audit State 
                programs;
                    (D) requires that the State program be fully 
                positioned, within 90 days of the State's execution of 
                the allocation agreement with the Secretary, to act on 
                providing the kind of credit support that the State 
                program was established to provide; and
                    (E) includes an agreement by the State to deliver 
                to the Secretary, and update annually, a schedule 
                describing how the State intends to apportion among its 
                State programs the Federal funds allocated to the 
                State.
    (c) Contractual Arrangements for Implementation of State 
Programs.--A State may be approved to be a participating State, and be 
eligible for an allocation of Federal funds under the Program, if the 
State has contractual arrangements for the implementation and 
administration of its State program with--
            (1) an existing, approved State program administered by 
        another State; or
            (2) an authorized agent of, or entity supervised by, the 
        State, including for-profit and not-for-profit entities.
    (d) Special Permission.--
            (1) Circumstances when a municipality may apply directly.--
        If a State does not, within 60 days after the date of enactment 
        of this title, file with the Secretary a notice of its intent 
        to apply for approval by the Secretary of a State program or 
        within 9 months after the date of enactment of this title, file 
        with the Secretary a complete application for approval of a 
        State program, the Secretary may grant to municipalities of 
        that State a special permission that will allow them to apply 
        directly to the Secretary without the State for approval to be 
        participating municipalities.
            (2) Timing requirements applicable to municipalities 
        applying directly.--To qualify for the special permission, a 
        municipality of a State must, within 12 months after the date 
        of enactment of this title, file with the Secretary a complete 
        application for approval by the Secretary of a State program.
            (3) Notices of intent and applications from more than 1 
        municipality.--A municipality of a State may combine with 1 or 
        more other municipalities of that State to file a joint notice 
        of intent to file and a joint application.
            (4) Approval criteria.--The general approval criteria in 
        paragraphs (2) and (4) shall apply.
            (5) Allocation to municipalities.--
                    (A) If more than 3.--If more than 3 municipalities, 
                or combination of municipalities as provided in 
                paragraph (3), of a State apply for approval by the 
                Secretary to be participating municipalities under this 
                subsection, and the applications meet the approval 
                criteria in paragraph (4), the Secretary shall allocate 
                Federal funds to the 3 municipalities with the largest 
                populations.
                    (B) If 3 or fewer.--If 3 or fewer municipalities, 
                or combination of municipalities as provided in 
                paragraph (3), of a State apply for approval by the 
                Secretary to be participating municipalities under this 
                subsection, and the applications meet the approval 
                criteria in paragraph (4), the Secretary shall allocate 
                Federal funds to each applicant municipality or 
                combination of municipalities.
            (6) Apportionment of allocated amount among participating 
        municipalities.--If the Secretary approves municipalities to be 
        participating municipalities under this subsection, the 
        Secretary shall apportion the full amount of the Federal funds 
        that are allocated to that State to municipalities that are 
        approved under this subsection in amounts proportionate to the 
        population of those municipalities, based on the most recent 
        available decennial census.
            (7) Approving state programs for municipalities.--If the 
        Secretary approves municipalities to be participating 
        municipalities under this subsection, the Secretary shall take 
        into account the additional considerations in section 206(d) in 
        making the determination under section 205 or 206 that the 
        State program or programs to be implemented by the 
        participating municipalities, including a State capital access 
        program, is eligible for Federal contributions to, or for the 
        account of, the State program.

SEC. 205. APPROVING STATE CAPITAL ACCESS PROGRAMS.

    (a) Application.--A participating State that establishes a new, or 
has an existing, State capital access program that meets the 
eligibility criteria in subsection (c) may apply to Secretary to have 
the State capital access program approved as eligible for Federal 
contributions to the reserve fund.
    (b) Approval.--The Secretary shall approve such State capital 
access program as eligible for Federal contributions to the reserve 
fund if--
            (1) within 60 days after the date of enactment of this 
        title, the State has filed with the Secretary a notice of 
        intent to apply for approval by the Secretary of a State 
        capital access program;
            (2) within 9 months after the date of enactment of this 
        title, the State has filed with the Secretary a complete 
        application for approval by the Secretary of a capital access 
        program;
            (3) the State satisfies the requirements of subsections (a) 
        and (b) of section 204; and
            (4) the State capital access program meets the eligibility 
        criteria in subsection (c).
    (c) Eligibility Criteria for State Capital Access Programs.--For a 
State capital access program to be approved under this section, it must 
be a program of the State that--
            (1) provides portfolio insurance for business loans based 
        on a separate loan-loss reserve fund for each financial 
        institution;
            (2) requires insurance premiums to be paid by the financial 
        institution lenders and by the business borrowers to the 
        reserve fund to have their loans enrolled in the reserve fund;
            (3) provides for contributions to be made by the State to 
        the reserve fund in amounts at least equal to the sum of the 
        amount of the insurance premium charges paid by the borrower 
        and the financial institution to the reserve fund for any newly 
        enrolled loan; and
            (4) provides its portfolio insurance solely for loans that 
        meet both the following requirements:
                    (A) The borrower has 500 employees or less at the 
                time that the loan is enrolled in the Program.
                    (B) The loan amount does not exceed $5,000,000.
    (d) Federal Contributions to Approved State Capital Access 
Programs.--A State capital access program approved under this section 
will be eligible for receiving Federal contributions to the reserve 
fund in an amount equal to the sum of the amount of the insurance 
premium charges paid by the borrowers and by the financial institution 
to the reserve fund for loans that meet the requirements in subsection 
(c)(4). A participating State may use the Federal contribution to make 
its contribution to the reserve fund of an approved State capital 
access program.
    (e) Minimum Program Requirements for State Capital Access 
Programs.--The Secretary shall, by regulation or other guidance, 
prescribe Program requirements that meet the following minimum 
requirements:
            (1) Experience and capacity.--The participating State shall 
        determine for each financial institution that participates in 
        the State capital access program, after consultation with the 
        appropriate Federal banking agency or, in the case of a 
        financial institution that is a non depository community 
        development financial institution, the Community Development 
        Financial Institution Fund, that the financial institution has 
        sufficient commercial lending experience and financial and 
        managerial capacity to participate in the approved State 
        capital access program. The determination by the State shall 
        not be reviewable by the Secretary.
            (2) Investment authority.--Subject to applicable State law, 
        the participating State may invest, or cause to be invested, 
        funds held in a reserve fund by establishing a deposit account 
        at the financial institution lender in the name of the 
        participating State. In the event that funds in the reserve 
        fund are not deposited in such an account, such funds shall be 
        invested in a form that the participating State determines is 
        safe and liquid.
            (3) Loan terms and conditions to be determined by 
        agreement.--A loan to be filed for enrollment in an approved 
        State capital access program may be made with such interest 
        rate, fees, and other terms and conditions, and the loan may be 
        enrolled in the approved State capital access program and 
        claims may be filed and paid, as agreed upon by the financial 
        institution lender and the borrower, consistent with applicable 
        law.
            (4) Lender capital at-risk.--A loan to be filed for 
        enrollment in the State capital access program must require the 
        financial institution lender to have a meaningful amount of its 
        own capital resources at risk in the loan.
            (5) Premium charges minimum and maximum amounts.--The 
        insurance premium charges payable to the reserve fund by the 
        borrower and the financial institution lender shall be 
        prescribed by the financial institution lender, within minimum 
        and maximum limits that require that the sum of the insurance 
        premium charges paid in connection with a loan by the borrower 
        and the financial institution lender may not be less than 2 
        percent nor more than 7 percent of the amount of the loan 
        enrolled in the approved State capital access program.
            (6) State contributions.--In enrolling a loan in an 
        approved State capital access program, the participating State 
        may make a contribution to the reserve fund to supplement 
        Federal contributions made under this Program.
            (7) Loan purpose.--
                    (A) Particular loan purpose requirements and 
                prohibitions.--In connection with the filing of a loan 
                for enrollment in an approved State capital access 
                program, the financial institution lender--
                            (i) shall obtain an assurance from each 
                        borrower that--
                                    (I) the proceeds of the loan will 
                                be used for a business purpose;
                                    (II) the loan will not be used to 
                                finance such business activities as the 
                                Secretary, by regulation, may proscribe 
                                as prohibited loan purposes for 
                                enrollment in an approved State capital 
                                access program; and
                                    (III) the borrower is not--
                                            (aa) an executive officer, 
                                        director, or principal 
                                        shareholder of the financial 
                                        institution lender;
                                            (bb) a member of the 
                                        immediate family of an 
                                        executive officer, director, or 
                                        principal shareholder of the 
                                        financial institution lender; 
                                        or
                                            (cc) a related interest of 
                                        any such executive officer, 
                                        director, principal 
                                        shareholder, or member of the 
                                        immediate family;
                            (ii) shall provide assurances to the 
                        participating State that the loan has not been 
                        made in order to place under the protection of 
                        the approved State capital access program prior 
                        debt that is not covered under the approved 
                        State capital access program and that is or was 
                        owed by the borrower to the financial 
                        institution lender or to an affiliate of the 
                        financial institution lender;
                            (iii) shall not allow the enrollment of a 
                        loan to a borrower that is a refinancing of a 
                        loan previously made to that borrower by the 
                        financial institution lender or an affiliate of 
                        the financial institution lender; and
                            (iv) may include additional restrictions on 
                        the eligibility of loans or borrowers that are 
                        not inconsistent with the provisions and 
                        purposes of this title, including compliance 
                        with all applicable Federal and State laws, 
                        regulations, ordinances, and Executive orders.
                    (B) Definitions.--For purposes of this subsection, 
                the terms ``executive officer'', ``director'', 
                ``principal shareholder'', ``immediate family'', and 
                ``related interest'' refer to the same relationship to 
                a financial institution lender as the relationship 
                described in part 215 of title 12 of the Code of 
                Federal Regulations, or any successor to such part.
            (8) Capital access for small businesses in underserved 
        communities.--At the time that a State applies to the Secretary 
        to have the State capital access program approved as eligible 
        for Federal contributions, the State shall deliver to the 
        Secretary a report stating how the State plans to use the 
        Federal contributions to the reserve fund to provide access to 
        capital for small businesses in low- and moderate-income, 
        minority, and other underserved communities, including women- 
        and minority-owned small businesses.

SEC. 206. APPROVING COLLATERAL SUPPORT AND OTHER INNOVATIVE CREDIT 
              ACCESS AND GUARANTEE INITIATIVES FOR SMALL BUSINESSES AND 
              MANUFACTURERS.

    (a) Application.--A participating State that establishes a new, or 
has an existing, credit support program that meets the eligibility 
criteria in subsection (c) may apply to the Secretary to have the State 
other credit support program approved as eligible for Federal 
contributions to, or for the account of, the State program.
    (b) Approval.--The Secretary shall approve such State other credit 
support program as eligible for Federal contributions to, or for the 
account of, the program if--
            (1) the Secretary determines that the State satisfies the 
        requirements of paragraphs (1) through (3) of section 205(b);
            (2) the Secretary determines that the State other credit 
        support program meets the eligibility criteria in subsection 
        (c);
            (3) the Secretary determines the State other credit support 
        program to be eligible based on the additional considerations 
        in subsection (d); and
            (4) within 9 months after the date of enactment of this 
        title, the State has filed with Treasury a complete application 
        for Treasury approval.
    (c) Eligibility Criteria for State Other Credit Support Programs.--
For a State other credit support program to be approved under this 
section, it must be a program of the State that--
            (1) can demonstrate that, at a minimum, 1 dollar of public 
        investment by the State program will cause and result in 1 
        dollar of new private credit;
            (2) can demonstrate a reasonable expectation that, when 
        considered with all other State programs of the State, such 
        State programs together have the ability to use amounts of new 
        Federal contributions to, or for the account of, all such 
        programs in the State to cause and result in amounts of new 
        small business lending at least 10 times the new Federal 
        contribution amount;
            (3) for those State other credit support programs that 
        provide their credit support through 1 or more financial 
        institution lenders, requires the financial institution lenders 
        to have a meaningful amount of their own capital resources at 
        risk in their small business lending; and
            (4) uses Federal funds allocated under this title to extend 
        credit support that--
                    (A) targets an average borrower size of 500 
                employees or less;
                    (B) does not extend credit support to borrowers 
                that have more than 750 employees;
                    (C) targets support towards loans with an average 
                principal amount of $5,000,000 or less; and
                    (D) does not extend credit support to loans that 
                exceed a principal amount of $20,000,000.
    (d) Additional Considerations.--In making a determination that a 
State other credit support program is eligible for Federal 
contributions to, or for the account of, the State program, the 
Secretary shall take into account the following additional 
considerations:
            (1) The anticipated benefits to the State, its businesses, 
        and its residents to be derived from the Federal contributions 
        to, or for the account of, the approved State other credit 
        support program, including the extent to which resulting small 
        business lending will expand economic opportunities.
            (2) The operational capacity, skills, and experience of the 
        management team of the State other credit support program.
            (3) The capacity of the State other credit support program 
        to manage increases in the volume of its small business 
        lending.
            (4) The internal accounting and administrative controls 
        systems of the State other credit support program, and the 
        extent to which they can provide reasonable assurance that 
        funds of the State program are safeguarded against waste, loss, 
        unauthorized use, or misappropriation.
            (5) The soundness of the program design and implementation 
        plan of the State other credit support program.
    (e) Federal Contributions to Approved State Other Credit Support 
Programs.--A State other credit support program approved under this 
section will be eligible for receiving Federal contributions to, or for 
the account of, the State program in an amount consistent with the 
schedule describing the apportionment of allocated Federal funds among 
State programs delivered by the State to the Secretary under the 
allocation agreement.
    (f) Minimum Program Requirements for State Other Credit Support 
Programs.--
            (1) Fund to prescribe.--The Secretary shall, by regulation 
        or other guidance, prescribe Program requirements for approved 
        State other credit support programs.
            (2) Considerations for fund.--In prescribing minimum 
        Program requirements for approved State other credit support 
        programs, the Secretary shall take into consideration, to the 
        extent the Secretary determines applicable and appropriate, the 
        minimum Program requirements for approved State capital access 
        programs in section 205(e).

SEC. 207. REPORTS.

    (a) Quarterly Use-of-funds Report.--
            (1) In general.--Not later than 30 days after the beginning 
        of each calendar quarter, beginning after the first full 
        calendar quarter to occur after the date the Secretary approves 
        a State for participation, the participating State shall submit 
        to the Secretary a report on the use of Federal funding by the 
        participating State during the previous calendar quarter.
            (2) Report contents.--The report shall--
                    (A) indicate the total amount of Federal funding 
                used by the participating State;
                    (B) include a certification by the participating 
                State that--
                            (i) the information provided in accordance 
                        with subparagraph (A) is accurate;
                            (ii) funds continue to be available and 
                        legally committed to contributions by the State 
                        to, or for the account of, approved State 
                        programs, less any amount that has been 
                        contributed by the State to, or for the account 
                        of, approved State programs subsequent to the 
                        State being approved for participation in the 
                        Program; and
                            (iii) the participating State is 
                        implementing its approved State program or 
                        programs in accordance with this title and 
                        regulations issued pursuant to section 210.
    (b) Annual Report.--Not later than March 31 of each year, beginning 
March 31, 2011, each participating State shall submit to the Secretary 
an annual report that shall include the following information:
            (1) The number of borrowers that received new loans 
        originated under the approved State program or programs after 
        the State program was approved as eligible for Federal 
        contributions.
            (2) The total amount of such new loans.
            (3) Breakdowns by industry type, loan size, annual sales, 
        and number of employees of the borrowers that received such new 
        loans.
            (4) The zip code of each borrower that received such a new 
        loan.
            (5) Such other data as the Secretary, in the Secretary's 
        sole discretion, may require to carry out the purposes of the 
        Program.
    (c) Form.--The reports and data filed pursuant to subsections (a) 
and (b) shall be in such form as the Secretary, in the Secretary's sole 
discretion, may require.
    (d) Termination of Reporting Requirements.--The requirement to 
submit reports under subsections (a) and (b) shall terminate for a 
participating State with the submission of the completed reports due on 
the first March 31 to occur after 5 complete 12-month periods after the 
State is approved by the Secretary to be a participating State.

SEC. 208. REMEDIES FOR STATE PROGRAM TERMINATION OR FAILURES.

    (a) Remedies.--
            (1) In general.--If any of the events listed in paragraph 
        (2) occur, the Secretary, in the Secretary's discretion, may--
                    (A) reduce the amount of Federal funds allocated to 
                the State under the Program; or
                    (B) terminate any further transfers of allocated 
                amounts that have not yet been transferred to the 
                State.
            (2) Causal events.--The events referred to in paragraph (1) 
        are--
                    (A) termination by a participating State of its 
                participation in the Program;
                    (B) failure on the part of a participating State to 
                submit complete reports under section 207 on a timely 
                basis; or
                    (C) noncompliance by the State with the terms of 
                the allocation agreement between the Secretary and the 
                State.
    (b) Deallocated Amounts to Be Reallocated.--If, after 13 months, 
any portion of the amount of Federal funds allocated to a participating 
State is deemed by the Secretary to be no longer allocated to the State 
after actions taken by the Secretary under subsection (a)(1), the 
Secretary shall reallocate that portion among the participating States, 
excluding the State whose allocated funds were deemed to be no longer 
allocated, as provided in section 203(b).

SEC. 209. IMPLEMENTATION AND ADMINISTRATION.

    (a) General Authorities and Duties.--The Secretary shall--
            (1) consult with the Administrator of the Small Business 
        Administration and the appropriate Federal banking agencies on 
        the administration of the Program;
            (2) establish minimum national standards for approved State 
        programs;
            (3) provide technical assistance to States for starting 
        State programs and generally disseminate best practices;
            (4) manage, administer, and perform necessary program 
        integrity functions for the Program; and
            (5) ensure adequate oversight of the approved State 
        programs, including oversight of the cash flows, performance, 
        and compliance of each approved State program.
    (b) Appropriations.--There is hereby appropriated to the Secretary, 
out of funds in the Treasury not otherwise appropriated, $2,000,000,000 
to carry out the Program, including to pay reasonable costs of 
administering the Program.
    (c) Termination of Secretary's Program Administration Functions.--
The authorities and duties of the Secretary to implement and administer 
the Program shall terminate at the end of the 7-year period beginning 
on the date of enactment of this title.

SEC. 210. REGULATIONS.

    The Secretary, in consultation with the Administrator of the Small 
Business Administration, shall issue such regulations and other 
guidance as the Secretary determines necessary or appropriate to 
implement this title including, but not limited to, to define terms, to 
establish compliance and reporting requirements, and such other terms 
and conditions necessary to carry out the purposes of this title.

SEC. 211. OVERSIGHT AND AUDITS.

    (a) Inspector General Oversight.--The Inspector General of the 
Department of the Treasury shall conduct, supervise, and coordinate 
audits and investigations of the use of funds made available under the 
Program.
    (b) GAO Audit.--The Comptroller General of the United States shall 
perform an annual audit of the Program and issue a report to the 
appropriate committees of Congress, as such term is defined under 
section 3(1), containing the results of such audit.
    (c) Required Certification.--
            (1) Financial institutions certification.--With respect to 
        funds received by a participating State under the Program, any 
        financial institution that receives a loan, a loan guarantee, 
        or other financial assistance using such funds after the date 
        of the enactment of this title must certify that such 
        institution is in compliance with the requirements of section 
        103.121 of title 31, Code of Federal Regulations, a regulation 
        that, at a minimum, requires financial institutions, as that 
        term is defined in 31 U.S.C. 5312(a)(2) and (c)(1)(A), to 
        implement reasonable procedures to verify the identity of any 
        person seeking to open an account, to the extent reasonable and 
        practicable, maintain records of the information used to verify 
        the person's identity, and determine whether the person appears 
        on any lists of known or suspected terrorists or terrorist 
        organizations provided to the financial institution by any 
        government agency.
            (2) Sex offense certification.--With respect to funds 
        received by a participating State under the Program, any 
        private entity that receives a loan, a loan guarantee, or other 
        financial assistance using such funds after the date of the 
        enactment of this title shall certify to the participating 
        State that the principals of such entity have not been 
        convicted of a sex offense against a minor (as such terms are 
        defined in section 111 of the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16911)).
    (d) Prohibition on Pornography.--None of the funds made available 
under this title may be used to pay the salary of any individual 
engaged in activities related to the Program who has been officially 
disciplined for violations of subpart G of the Standards of Ethical 
Conduct for Employees of the Executive Branch for viewing, downloading, 
or exchanging pornography, including child pornography, on a Federal 
Government computer or while performing official Federal Government 
duties.

        TITLE III--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Small Business Early-Stage 
Investment Program Act of 2010''.

SEC. 302. SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM.

    Title III of the Small Business Investment Act of 1958 (15 U.S.C. 
681 et seq.) is amended by adding at the end the following:

        ``PART D--SMALL BUSINESS EARLY-STAGE INVESTMENT PROGRAM

``SEC. 399A. ESTABLISHMENT OF PROGRAM.

    ``The Administrator shall establish and carry out an early-stage 
investment program (hereinafter referred to in this part as the 
`program') to provide equity investment financing to support early-
stage small businesses in accordance with this part.

``SEC. 399B. ADMINISTRATION OF PROGRAM.

    ``The program shall be administered by the Administrator acting 
through the Associate Administrator described under section 201.

``SEC. 399C. APPLICATIONS.

    ``(a) In General.--Any existing or newly formed incorporated body, 
limited liability company, or limited partnership organized and 
chartered or otherwise existing under Federal or State law for the 
purpose of performing the functions and conducting the activities 
contemplated under the program and any manager of any small business 
investment company may submit to the Administrator an application to 
participate in the program.
    ``(b) Requirements for Application.--An application to participate 
in the program shall include the following:
            ``(1) A business plan describing how the applicant intends 
        to make successful venture capital investments in early-stage 
        small businesses and direct capital to small business concerns 
        in targeted industries or other business sectors.
            ``(2) Information regarding the relevant venture capital 
        investment qualifications and backgrounds of the individuals 
        responsible for the management of the applicant.
            ``(3) A description of the extent to which the applicant 
        meets the selection criteria under section 399D.
    ``(c) Applications From Managers of Small Business Investment 
Companies.--The Administrator shall establish an abbreviated 
application process for applicants that are managers of small business 
investment companies that are licensed under section 301 and that are 
applying to participate in the program. Such abbreviated process shall 
incorporate a presumption that such managers satisfactorily meet the 
selection criteria under paragraphs (3) and (5) of section 399D(b).

``SEC. 399D. SELECTION OF PARTICIPATING INVESTMENT COMPANIES.

    ``(a) In General.--Not later than 90 days after the date on which 
the Administrator receives an application from an applicant under 
section 399C, the Administrator shall make a determination to 
conditionally approve or disapprove such applicant to participate in 
the program and shall transmit such determination to the applicant in 
writing. A determination to conditionally approve an applicant shall 
identify all conditions necessary for a final approval and shall 
provide a period of not less than one year for satisfying such 
conditions.
    ``(b) Selection Criteria.--In making a determination under 
subsection (a), the Administrator shall consider each of the following:
            ``(1) The likelihood that the applicant will meet the goals 
        specified in the business plan of the applicant.
            ``(2) The likelihood that the investments of the applicant 
        will create or preserve jobs, both directly and indirectly.
            ``(3) The character and fitness of the management of the 
        applicant.
            ``(4) The experience and background of the management of 
        the applicant.
            ``(5) The extent to which the applicant will concentrate 
        investment activities on early-stage small businesses.
            ``(6) The likelihood that the applicant will achieve 
        profitability.
            ``(7) The experience of the management of the applicant 
        with respect to establishing a profitable investment track 
        record.
            ``(8) The extent to which the applicant will concentrate 
        investment activities on small business concerns in targeted 
        industries.
    ``(c) Final Approval.--For each applicant provided a conditional 
approval under subsection (a), the Administrator shall provide final 
approval to participate in the program not later than 90 days after the 
date the applicant satisfies the conditions specified by the 
Administrator under such subsection or, in the case of applicants whose 
partnership or management agreements conform to models approved by the 
Administrator, the Administrator shall provide final approval to 
participate in the program not later than 30 days after the date the 
applicant satisfies the conditions specified under such subsection. If 
an applicant provided conditional approval under subsection (a) fails 
to satisfy the conditions specified by the Administrator in the time 
period designated under such subsection, the Administrator shall revoke 
the conditional approval.

``SEC. 399E. EQUITY FINANCINGS.

    ``(a) In General.--The Administrator may make one or more equity 
financings to a participating investment company.
    ``(b) Equity Financing Amounts.--
            ``(1) Non-federal capital.--An equity financing made to a 
        participating investment company under the program may not be 
        in an amount that exceeds the amount of the capital of such 
        company that is not from a Federal source and that is available 
        for investment on or before the date on which an equity 
        financing is drawn upon. Such capital may include legally 
        binding commitments with respect to capital for investment.
            ``(2) Limitation on aggregate amount.--The aggregate amount 
        of all equity financings made to a participating investment 
        company under the program may not exceed $100,000,000.
    ``(c) Equity Financing Process.--In making an equity financing 
under the program, the Administrator shall commit an equity financing 
amount to a participating investment company and the amount of each 
such commitment shall remain available to be drawn upon by such 
company--
            ``(1) for new-named investments during the 5-year period 
        beginning on the date on which each such commitment is first 
        drawn upon; and
            ``(2) for follow-on investments and management fees during 
        the 10-year period beginning on the date on which each such 
        commitment is first drawn upon, with not more than 2 additional 
        1-year periods available at the discretion of the 
        Administrator.
    ``(d) Commitment of Funds.--The Administrator shall make 
commitments for equity financings not later than 2 years after the date 
funds are appropriated for the program.

``SEC. 399F. INVESTMENTS IN EARLY-STAGE SMALL BUSINESSES.

    ``(a) In General.--As a condition of receiving an equity financing 
under the program, a participating investment company shall make all of 
the investments of such company in small business concerns, of which at 
least 50 percent shall be early-stage small businesses.
    ``(b) Evaluation of Compliance.--With respect to an equity 
financing amount committed to a participating investment company under 
section 399E, the Administrator shall evaluate the compliance of such 
company with the requirements under this section if such company has 
drawn upon 50 percent of such commitment.

``SEC. 399G. PRO RATA INVESTMENT SHARES.

    ``Each investment made by a participating investment company under 
the program shall be treated as comprised of capital from equity 
financings under the program according to the ratio that capital from 
equity financings under the program bears to all capital available to 
such company for investment.

``SEC. 399H. EQUITY FINANCING INTEREST.

    ``(a) Equity Financing Interest.--
            ``(1) In general.--As a condition of receiving an equity 
        financing under the program, a participating investment company 
        shall convey an equity financing interest to the Administrator 
        in accordance with paragraph (2).
            ``(2) Effect of conveyance.--The equity financing interest 
        conveyed under paragraph (1) shall have all the rights and 
        attributes of other investors attributable to their interests 
        in the participating investment company, but shall not denote 
        control or voting rights to the Administrator. The equity 
        financing interest shall entitle the Administrator to a pro 
        rata portion of any distributions made by the participating 
        investment company equal to the percentage of capital in the 
        participating investment company that the equity financing 
        comprises. The Administrator shall receive distributions from 
        the participating investment company at the same times and in 
        the same amounts as any other investor in the company with a 
        similar interest. The investment company shall make allocations 
        of income, gain, loss, deduction, and credit to the 
        Administrator with respect to the equity financing interest as 
        if the Administrator were an investor.
    ``(b) Manager Profits.--As a condition of receiving an equity 
financing under the program, the manager profits interest payable to 
the managers of a participating investment company under the program 
shall not exceed 20 percent of profits, exclusive of any profits that 
may accrue as a result of the capital contributions of any such 
managers with respect to such company. Any excess of this amount, less 
taxes payable thereon, shall be returned by the managers and paid to 
the investors and the Administrator in proportion to the capital 
contributions and equity financings paid in. No manager profits 
interest (other than a tax distribution) shall be paid prior to the 
repayment to the investors and the Administrator of all contributed 
capital and equity financings made.
    ``(c) Distribution Requirements.--As a condition of receiving an 
equity financing under the program, a participating investment company 
shall make all distributions to all investors in cash and shall make 
distributions within a reasonable time after exiting investments, 
including following a public offering or market sale of underlying 
investments.

``SEC. 399I. FUND.

    ``There is hereby created within the Treasury a separate fund for 
equity financings which shall be available to the Administrator subject 
to annual appropriations as a revolving fund to be used for the 
purposes of the program. All amounts received by the Administrator, 
including any moneys, property, or assets derived by the Administrator 
from operations in connection with the program, shall be deposited in 
the fund. All expenses and payments, excluding administrative expenses, 
pursuant to the operations of the Administrator under the program shall 
be paid from the fund.

``SEC. 399J. APPLICATION OF OTHER SECTIONS.

    ``To the extent not inconsistent with requirements under this part, 
the Administrator may apply sections 309, 311, 312, 313, and 314 to 
activities under this part and an officer, director, employee, agent, 
or other participant in a participating investment company shall be 
subject to the requirements under such sections.

``SEC. 399K. ANNUAL REPORTING.

    ``The Administrator shall report on the performance of the program 
in the annual performance report of the Administration.

``SEC. 399L. DEFINITIONS.

    ``In this part, the following definitions apply:
            ``(1) Early-stage small business.--The term `early-stage 
        small business' means a small business concern that--
                    ``(A) is domiciled in a State; and
                    ``(B) has not generated gross annual sales revenues 
                exceeding $15,000,000 in any of the previous 3 years.
            ``(2) Participating investment company.--The term 
        `participating investment company' means an applicant approved 
        under section 399D to participate in the program.
            ``(3) Targeted industries.--The term `targeted industries' 
        means any of the following business sectors:
                    ``(A) Agricultural technology.
                    ``(B) Energy technology.
                    ``(C) Environmental technology.
                    ``(D) Life science.
                    ``(E) Information technology.
                    ``(F) Digital media.
                    ``(G) Clean technology.
                    ``(H) Defense technology.
                    ``(I) Photonics technology.

``SEC. 399M. APPROPRIATION.

    ``From funds not otherwise appropriated, there is hereby 
appropriated $1,000,000,000 to carry out the program.

``SEC. 399N. CERTIFICATION.

    ``(a) Immigration Certification.--
            ``(1) Participating investment companies.--Each 
        participating investment company that receives an equity 
        financing under this part after the date of the enactment of 
        this part must, if applicable, certify that such company is in 
        compliance with the requirements of section 103.121 of title 
        31, Code of Federal Regulations, a regulation that, at a 
        minimum, requires financial institutions, as that term is 
        defined in 31 U.S.C. 5312(a)(2) and (c)(1)(A), to implement 
        reasonable procedures to verify the identity of any person 
        seeking to open an account, to the extent reasonable and 
        practicable, maintain records of the information used to verify 
        the person's identity, and determine whether the person appears 
        on any lists of known or suspected terrorists or terrorist 
        organizations provided to the financial institution by any 
        government agency.
            ``(2) Early-stage small businesses.--Each early-stage small 
        business that receives funds from a participating investment 
        company that receives an equity financing under this part after 
        the date of the enactment of this part must, if applicable, 
        certify that such company is in compliance with the 
        requirements of section 103.121 of title 31, Code of Federal 
        Regulations, a regulation that, at a minimum, requires 
        financial institutions, as that term is defined in 31 U.S.C. 
        5312(a)(2) and (c)(1)(A), to implement reasonable procedures to 
        verify the identity of any person seeking to open an account, 
        to the extent reasonable and practicable, maintain records of 
        the information used to verify the person's identity, and 
        determine whether the person appears on any lists of known or 
        suspected terrorists or terrorist organizations provided to the 
        financial institution by any government agency.
    ``(b) Sex Offender Certification.--
            ``(1) Participating investment companies.--Each 
        participating investment company that receives an equity 
        financing under this part after the date of the enactment of 
        this part shall certify to the Administrator that the 
        principals of such company have not been convicted of a sex 
        offense against a minor (as such terms are defined in section 
        111 of the Sex Offender Registration and Notification Act (42 
        U.S.C. 16911)).
            ``(2) Early-stage small businesses.--Each early-stage small 
        business that receives funds from a participating investment 
        company that receives an equity financing under this part after 
        the date of the enactment of this part shall certify to the 
        Administrator that the principals of such business have not 
        been convicted of a sex offense against a minor (as such terms 
        are defined in section 111 of the Sex Offender Registration and 
        Notification Act (42 U.S.C. 16911)).
    ``(c) Pornography Certification.--None of the funds made available 
under this part may be used to pay the salary of any individual engaged 
in activities related to the provisions of this part who has been 
officially disciplined for violations of subpart G of the Standards of 
Ethical Conduct for Employees of the Executive Branch for viewing, 
downloading, or exchanging pornography, including child pornography, on 
a Federal Government computer or while performing official Federal 
Government duties.''.

SEC. 303. REGULATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator shall issue regulations to carry out this title and 
the amendments made by this title.

SEC. 304. PROHIBITIONS ON EARMARKS.

    None of the funds appropriated for the program established under 
part D of title III of the Small Business Investment Act of 1958, as 
added by this Act, may be used for a Congressional earmark as defined 
in clause 9(e) of rule XXI of the Rules of the House of 
Representatives.

                        TITLE IV--MISCELLANEOUS

SEC. 401. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

                        TITLE V--TAX PROVISIONS

SEC. 500. SHORT TITLE; ETC.

    (a) Short Title.--This title may be cited as the ``Small Business 
Jobs Tax Relief Act of 2010''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

               Subtitle A--Small Business Tax Incentives

                       PART 1--GENERAL PROVISIONS

SEC. 501. TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON CERTAIN SMALL 
              BUSINESS STOCK.

    (a) In General.--Subsection (a) of section 1202 is amended by 
adding at the end the following new paragraph:
            ``(4) Special 100 percent exclusion.--In the case of 
        qualified small business stock acquired after March 15, 2010, 
        and before January 1, 2012--
                    ``(A) paragraph (1) shall be applied by 
                substituting `100 percent' for `50 percent',
                    ``(B) paragraph (2) shall not apply, and
                    ``(C) paragraph (7) of section 57(a) shall not 
                apply.''.
    (b) Conforming Amendments.--Paragraph (3) of section 1202(a) is 
amended--
            (1) by striking ``after the date of the enactment of this 
        paragraph and before January 1, 2011'' and inserting ``after 
        February 17, 2009, and before March 16, 2010''; and
            (2) by striking ``Special rules for 2009 and 2010'' in the 
        heading and inserting ``Special 75 percent exclusion''.
    (c) Effective Date.--The amendments made by this section shall 
apply to stock acquired after March 15, 2010.

         PART 2--LIMITATIONS AND REPORTING ON CERTAIN PENALTIES

SEC. 511. LIMITATION ON PENALTY FOR FAILURE TO DISCLOSE CERTAIN 
              INFORMATION.

    (a) In General.--Subsection (b) of section 6707A is amended to read 
as follows:
    ``(b) Amount of Penalty.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the amount of the penalty under subsection (a) with 
        respect to any reportable transaction shall be 75 percent of 
        the decrease in tax shown on the return as a result of such 
        transaction (or which would have resulted from such transaction 
        if such transaction were respected for Federal tax purposes).
            ``(2) Maximum penalty.--The amount of the penalty under 
        subsection (a) with respect to any reportable transaction for 
        any taxable year shall not exceed--
                    ``(A) in the case of a listed transaction, $200,000 
                ($100,000 in the case of a natural person), or
                    ``(B) in the case of any other reportable 
                transaction, $50,000 ($10,000 in the case of a natural 
                person).
            ``(3) Minimum penalty.--The amount of the penalty under 
        subsection (a) with respect to any transaction for any taxable 
        year shall not be less than $10,000 ($5,000 in the case of a 
        natural person).''.
    (b) Effective Date.--The amendment made by this section shall apply 
to penalties assessed after December 31, 2006.

SEC. 512. ANNUAL REPORTS ON PENALTIES AND CERTAIN OTHER ENFORCEMENT 
              ACTIONS.

    (a) In General.--The Commissioner of Internal Revenue, in 
consultation with the Secretary of the Treasury, shall submit to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate an annual report on the penalties 
assessed by the Internal Revenue Service during the preceding year 
under each of the following provisions of the Internal Revenue Code of 
1986:
            (1) Section 6662A (relating to accuracy-related penalty on 
        understatements with respect to reportable transactions).
            (2) Section 6700(a) (relating to promoting abusive tax 
        shelters).
            (3) Section 6707 (relating to failure to furnish 
        information regarding reportable transactions).
            (4) Section 6707A (relating to failure to include 
        reportable transaction information with return).
            (5) Section 6708 (relating to failure to maintain lists of 
        advisees with respect to reportable transactions).
    (b) Additional Information.--The report required under subsection 
(a) shall also include information on the following with respect to 
each year:
            (1) Any action taken under section 330(b) of title 31, 
        United States Code, with respect to any reportable transaction 
        (as defined in section 6707A(c) of the Internal Revenue Code of 
        1986).
            (2) Any extension of the time for assessment of tax 
        enforced, or assessment of any amount under such an extension, 
        under paragraph (10) of section 6501(c) of the Internal Revenue 
        Code of 1986.
    (c) Date of Report.--The first report required under subsection (a) 
shall be submitted not later than December 31, 2010.

                        PART 3--OTHER PROVISIONS

SEC. 521. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP 
              EXPENDITURES.

    (a) In General.--Subsection (b) of section 195 is amended by adding 
at the end the following new paragraph:
            ``(3) Increased limitation for taxable years beginning in 
        2010 or 2011.--In the case of any taxable year beginning in 
        2010 or 2011, paragraph (1)(A)(ii) shall be applied--
                    ``(A) by substituting `$20,000' for `$5,000', and
                    ``(B) by substituting `$75,000' for `$50,000'.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2009.

SEC. 522. NONRECOURSE SMALL BUSINESS INVESTMENT COMPANY LOANS FROM THE 
              SMALL BUSINESS ADMINISTRATION TREATED AS AMOUNTS AT RISK.

    (a) In General.--Subparagraph (B) of section 465(b)(6) is amended 
to read as follows:
                    ``(B) Qualified nonrecourse financing.--For 
                purposes of this paragraph--
                            ``(i) In general.--The term `qualified 
                        nonrecourse financing' means any financing--
                                    ``(I) which is qualified real 
                                property financing or qualified SBIC 
                                financing,
                                    ``(II) except to the extent 
                                provided in regulations, with respect 
                                to which no person is personally liable 
                                for repayment, and
                                    ``(III) which is not convertible 
                                debt.
                            ``(ii) Qualified real property financing.--
                        The term `qualified real property financing' 
                        means any financing which--
                                    ``(I) is borrowed by the taxpayer 
                                with respect to the activity of holding 
                                real property,
                                    ``(II) is secured by real property 
                                used in such activity, and
                                    ``(III) is borrowed by the taxpayer 
                                from a qualified person or represents a 
                                loan from any Federal, State, or local 
                                government or instrumentality thereof, 
                                or is guaranteed by any Federal, State, 
                                or local government.
                            ``(iii) Qualified sbic financing.--The term 
                        `qualified SBIC financing' means any financing 
                        which--
                                    ``(I) is borrowed by a small 
                                business investment company (within the 
                                meaning of section 301 of the Small 
                                Business Investment Act of 1958), and
                                    ``(II) is borrowed from, or 
                                guaranteed by, the Small Business 
                                Administration under the authority of 
                                section 303(b) of such Act.''.
    (b) Conforming Amendments.--Subparagraph (A) of section 465(b)(6) 
is amended--
            (1) by striking ``in the case of an activity of holding 
        real property,''; and
            (2) by striking ``which is secured by real property used in 
        such activity''.
    (c) Effective Date.--The amendments made by this section shall 
apply to loans and guarantees made after the date of the enactment of 
this Act.

SEC. 523. BENEFITS UNDER THE SMALL BUSINESS BORROWER ASSISTANCE PROGRAM 
              EXCLUDED FROM GROSS INCOME.

    (a) In General.--Part III of subchapter B of chapter 1 is amended 
by adding at the end the following new section:

``SEC. 139F. BENEFITS UNDER THE SMALL BUSINESS BORROWER ASSISTANCE 
              PROGRAM.

    ``(a) In General.--Gross income shall not include any amount paid 
on behalf of a borrower by the Administrator of the Small Business 
Administration under the Small Business Borrower Assistance program 
established under section 402 of the Small Business Assistance Fund Act 
of 2010 (as in effect immediately after the date of the enactment of 
such Act).
    ``(b) Denial of Double Benefit.--Notwithstanding any other 
provision of this subtitle, with respect to the person for whose 
benefit a payment described in subsection (a) is made--
            ``(1) Interest.--No deduction shall be allowed for interest 
        to the extent the liability for such interest is covered by 
        such payment.
            ``(2) Payments of principal.--If any payment is applied to 
        reduce the principal of the loan to which such payment 
        relates--
                    ``(A) Allocation among financed expenditures.--Such 
                payment shall be allocated pro rata among the 
                expenditures financed with such loan.
                    ``(B) Credits and deductible expenses.--No 
                deduction or credit shall be allowed for, or by reason 
                of, any such expenditure to the extent of the amount of 
                the payment allocated to such expenditure under 
                subparagraph (A).
                    ``(C) Adjustment of basis.--The adjusted basis of 
                any property acquired with such expenditure shall be 
                reduced to the extent of the amount of the payment 
                allocated to such expenditure under subparagraph 
                (A).''.
    (b) Clerical Amendments.--The table of sections for part III of 
subchapter B of chapter 1 is amended by adding at the end the following 
new item:

``Sec. 139F. Benefits under the Small Business Borrower Assistance 
                            Program.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to payments made after the date of the enactment of this Act.

                     Subtitle B--Revenue Provisions

SEC. 531. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED 
              ANNUITY TRUSTS.

    (a) In General.--Subsection (b) of section 2702 is amended--
            (1) by redesignating paragraphs (1), (2) and (3) as 
        subparagraphs (A), (B), and (C), respectively, and by moving 
        such subparagraphs (as so redesignated) 2 ems to the right;
            (2) by striking ``For purposes of'' and inserting the 
        following:
            ``(1) In general.--For purposes of'';
            (3) by striking ``paragraph (1) or (2)'' in paragraph 
        (1)(C) (as so redesignated) and inserting ``subparagraph (A) or 
        (B)''; and
            (4) by adding at the end the following new paragraph:
            ``(2) Additional requirements with respect to grantor 
        retained annuities.--For purposes of subsection (a), in the 
        case of an interest described in paragraph (1)(A) (determined 
        without regard to this paragraph) which is retained by the 
        transferor, such interest shall be treated as described in such 
        paragraph only if--
                    ``(A) the right to receive the fixed amounts 
                referred to in such paragraph is for a term of not less 
                than 10 years,
                    ``(B) such fixed amounts, when determined on an 
                annual basis, do not decrease relative to any prior 
                year during the first 10 years of the term referred to 
                in subparagraph (A), and
                    ``(C) the remainder interest has a value greater 
                than zero determined as of the time of the transfer.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to transfers made after the date of the enactment of this Act.

SEC. 532. CRUDE TALL OIL INELIGIBLE FOR CELLULOSIC BIOFUEL PRODUCER 
              CREDIT.

    (a) In General.--Clause (iii) of section 40(b)(6)(E) is amended--
            (1) by striking ``or'' at the end of subclause (I),
            (2) by striking the period at the end of subclause (II) and 
        inserting ``, or'',
            (3) by adding at the end the following new subclause:
                                    ``(III) such fuel has an acid 
                                number greater than 25.'', and
            (4) by striking ``unprocessed'' in the heading and 
        inserting ``certain''.
    (b) Effective Date.--The amendment made by this section shall apply 
to fuels sold or used on or after January 1, 2010.

SEC. 533. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

    The percentage under paragraph (2) of section 561 of the Hiring 
Incentives to Restore Employment Act in effect on the date of the 
enactment of this Act is increased by 7.75 percentage points.

                      TITLE VI--PLAIN WRITING ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Plain Writing Act of 2010''.

SEC. 602. PURPOSE.

    The purpose of this title is to improve the effectiveness and 
accountability of Federal agencies to the public by promoting clear 
Government communication that the public can understand and use.

SEC. 603. DEFINITIONS.

    In this title:
            (1) Agency.--The term ``agency'' means the Department of 
        the Treasury and the Small Business Administration.
            (2) Covered document.--The term ``covered document''--
                    (A) means any document that--
                            (i) is relevant to obtaining any Federal 
                        Government benefit or service provided under 
                        title I, II, or III;
                            (ii) provides information about any Federal 
                        Government benefit or service provided under 
                        title I, II, or III; or
                            (iii) explains to the public how to comply 
                        with a requirement the Federal Government 
                        administers or enforces under title I, II, or 
                        III;
                    (B) includes (whether in paper or electronic form) 
                a letter, publication, form, notice, or instruction; 
                and
                    (C) does not include a regulation.
            (3) Plain writing.--The term ``plain writing'' means 
        writing that the intended audience can readily understand and 
        use because that writing is clear, concise, well-organized, and 
        follows other best practices of plain writing.

SEC. 604. RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Preparation for Implementation of Plain Writing Requirements.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this title, the head of each agency shall--
                    (A) designate 1 or more senior officials within the 
                agency to oversee the agency implementation of this 
                title;
                    (B) communicate the requirements of this title to 
                the employees of the agency;
                    (C) train employees of the agency in plain writing;
                    (D) establish a process for overseeing the ongoing 
                compliance of the agency with the requirements of this 
                title;
                    (E) create and maintain a plain writing section of 
                the agency's website that is accessible from the 
                homepage of the agency's website; and
                    (F) designate 1 or more agency points-of-contact to 
                receive and respond to public input on--
                            (i) agency implementation of this title; 
                        and
                            (ii) the agency reports required under 
                        section 605.
            (2) Website.--The plain writing section described under 
        paragraph (1)(E) shall--
                    (A) inform the public of agency compliance with the 
                requirements of this title; and
                    (B) provide a mechanism for the agency to receive 
                and respond to public input on--
                            (i) agency implementation of this title; 
                        and
                            (ii) the agency reports required under 
                        section 605.
    (b) Requirement to Use Plain Writing in New Documents.--Beginning 
not later than 1 year after the date of enactment of this title, each 
agency shall use plain writing in every covered document of the agency 
that the agency issues or substantially revises.
    (c) Guidance.--In carrying out the provisions of this title, 
agencies may follow the guidance of--
            (1) the writing guidelines developed by the Plain Language 
        Action and Information Network; or
            (2) guidance provided by the head of the agency.

SEC. 605. REPORTS TO CONGRESS.

    (a) Initial Report.--Not later than 9 months after the date of 
enactment of this title, the head of each agency shall publish on the 
plain writing section of the agency's website a report that describes 
the agency plan for compliance with the requirements of this title.
    (b) Annual Compliance Report.--Not later than 18 months after the 
date of enactment of this title, and annually thereafter, the head of 
each agency shall publish on the plain writing section of the agency's 
website a report on agency compliance with the requirements of this 
title.

TITLE VII--SENSE OF CONGRESS ON AGRICULTURE AND FARMING SMALL BUSINESS 
                                 LOANS

SEC. 701. SENSE OF CONGRESS.

    It is the sense of the Congress that--
            (1) agriculture operations, farms, and rural communities 
        should receive equal consideration through lending activities 
        for small businesses in this Act, particularly small- and mid-
        size farms and agriculture operations; and
            (2) attention should be given to ensuring there is adequate 
        small business credit and financing availability under this Act 
        in the agriculture and farming sectors.

         TITLE VIII--SMALL BUSINESS BORROWER ASSISTANCE PROGRAM

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Small Business Assistance Fund Act 
of 2010''.

SEC. 802. SMALL BUSINESS BORROWER ASSISTANCE PROGRAM.

    (a) In General.--The Administrator shall carry out a program to be 
called the ``Small Business Borrower Assistance Program'' to provide 
payments of principal and interest on qualifying small business loans.
    (b) Automatic Enrollment; Commitment of Funds.--
            (1) In general.--To the extent funds are available under 
        the Program, each borrower that receives a qualifying small 
        business loan after the date on which the Administrator issues 
        regulations pursuant to subsection (e) shall be automatically 
        enrolled in the Program, unless the borrower requests 
        otherwise, and the Administrator shall commit an amount to each 
        borrower equal to 6 percent of the principal disbursed amount 
        of such borrower's qualifying small business loan.
            (2) One year window for participating in program.--
        Notwithstanding paragraph (1), a borrower may only be enrolled 
        in the Program if the borrower is approved for a qualifying 
        small business loan before the end of the 1-year period 
        following the date on which the Administrator issues final 
        regulations pursuant to subsection (e).
            (3) Termination of participation in certain 
        circumstances.--In any instance in which the Administrator 
        determines that a borrower participating in the Program has 
        committed fraud or made a material misrepresentation related to 
        such participation, the Administrator may terminate such 
        borrower's participation in the Program and ban such borrower 
        from any future participation in the Program.
    (c) Disbursement of Funds.--
            (1) In general.--A borrower enrolled in the Program may 
        submit a request for the payment of committed funds by a method 
        to be developed by the Administrator.
            (2) Multiple disbursements permitted.--A borrower enrolled 
        in the Program may request multiple payments under paragraph 
        (1), as long as the aggregate amount of such payments does not 
        exceed the amount committed to such borrower under subsection 
        (b).
    (d) Terms.--
            (1) Payments only to lender or servicer.--Payments made by 
        the Administrator under the Program shall only be made to the 
        lender or servicer of a qualifying small business loan to be 
        applied against outstanding principal or interest, and may not 
        be made to the borrower.
            (2) Program participation only permitted during first 2 
        years.--
                    (A) In general.--Payments made by the Administrator 
                under the Program may only be made with respect to a 
                payment of interest or principal due on a qualifying 
                small business loan within the 2-year period following 
                the date on which such loan is disbursed.
                    (B) Unexpended committed funds.--
                            (i) In general.--With respect to any funds 
                        committed to a borrower enrolled in the Program 
                        that remain unexpended at the end of the 2-year 
                        period described under subparagraph (A), such 
                        funds shall be paid to the lender or servicer 
                        of the borrower's loan and applied to the 
                        principal of such loan.
                            (ii) Exception.--In any case in which the 
                        amount of committed funds that remain 
                        unexpended is greater than the remaining 
                        principal of a borrower's loan, the amount of 
                        any excess shall be returned to the Treasury.
    (e) Rulemaking.--Not later than 180 days after the date of the 
enactment of this section, the Administrator shall issue regulations 
necessary to carry out this section.
    (f) Contracting With Agents.--The Administrator may contract with 
one or more entities as necessary to carry out the provisions of the 
Program. The Secretary of the Treasury is authorized to designate 
financial institutions, including any bank, savings association, or 
trust company, as financial agents of the Federal Government to carry 
out the authorities of this section, and such institutions shall 
perform all such reasonable duties related to the Program as financial 
agents of the Federal Government as the Secretary may require. In 
engaging any such third parties to carry out the Program, the 
Administrator or the Secretary shall seek to involve small businesses 
in the provision of the core direct services required under the 
engagement.
    (g) Definitions.--For purposes of this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business Administration.
            (2) Program.--The term ``Program'' means the Small Business 
        Borrower Assistance Program established under subsection (a).
            (3) Qualifying small business loan.--The term ``qualifying 
        small business loan'' means any loan, up to $300,000, made to a 
        small business concern and guaranteed under section 7(a) of the 
        Small Business Act (15 U.S.C. 636(a)), other than a loan made 
        pursuant to section 7(a)(31) of such Act, a revolving credit 
        line, or any other revolving loan.
            (4) Small business concern.--The term ``small business 
        concern'' has the meaning given such term under section 3 of 
        the Small Business Act (15 U.S.C. 632).
    (h) Authorization of Appropriations.--There is hereby authorized to 
be appropriated to the Administrator $300,000,000 to carry out this 
section.

            Passed the House of Representatives June 17, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 5297

_______________________________________________________________________

                                 AN ACT

    To create the Small Business Lending Fund Program to direct the 
   Secretary of the Treasury to make capital investments in eligible 
institutions in order to increase the availability of credit for small 
 businesses, to amend the Internal Revenue Code of 1986 to provide tax 
  incentives for small business job creation, and for other purposes.