[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1832 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1832

 To increase loan limits for small business concerns, provide for low 
    interest refinancing for small business concerns, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2009

  Ms. Landrieu (for herself, Mr. Kerry, Mrs. Shaheen, Mr. Casey, Mr. 
 Cardin, and Mr. Harkin) introduced the following bill; which was read 
       twice and referred to the Committee on Small Business and 
                            Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
 To increase loan limits for small business concerns, provide for low 
    interest refinancing for small business concerns, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Access to Capital Act 
of 2009''.

SEC. 2. SECTION 7(A) BUSINESS LOANS.

    Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is 
amended--
            (1) in paragraph (2)(A)--
                    (A) in clause (i), by striking ``75 percent'' and 
                inserting ``90 percent''; and
                    (B) in clause (ii), by striking ``85 percent'' and 
                inserting ``90 percent''; and
            (2) in paragraph (3)(A), by striking ``$1,500,000 (or if 
        the gross loan amount would exceed $2,000,000'' and inserting 
        ``$4,500,000 (or if the gross loan amount would exceed 
        $5,000,000''.

SEC. 3. LOW INTEREST REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS 
              LOAN PROGRAM.

    Section 502(7) of the Small Business Investment Act of 1958 (15 
U.S.C. 696(7)) is amended by adding at the end the following:
                    ``(C) Refinancing not involving expansions.--
                            ``(i) In general.--A project that does not 
                        involve the expansion of a small business 
                        concern may include the refinancing of existing 
                        indebtedness if--
                                    ``(I) the amount of the financing 
                                is not more than 80 percent of the 
                                value of the collateral for the 
                                financing;
                                    ``(II) the small business concern 
                                has been in operation for all of the 2-
                                year period ending on the date of the 
                                financing;
                                    ``(III) the existing indebtedness 
                                was not incurred during the 2-year 
                                period ending on the date of the 
                                financing;
                                    ``(IV) the existing indebtedness is 
                                not subject to a guarantee by any 
                                Federal agency; and
                                    ``(V) for a loan for which the 
                                Administrator determines there will be 
                                an additional cost for making a loan 
                                that includes the refinancing of the 
                                existing indebtedness, the borrower 
                                agrees to pay a fee in an amount equal 
                                to the anticipated additional cost.
                            ``(ii) No job creation goals.--A financing 
                        may be approved under this subparagraph 
                        regardless of whether the project meets the job 
                        creation goals under subsection (d) or (e) of 
                        section 501.''.

SEC. 4. MICROLOANS.

    (a) Marketing, Management, and Technical Assistance Grants.--
Section 7(m)(4) of the Small Business Act (15 U.S.C. 636(m)(4)) is 
amended--
            (1) in subparagraph (A)--
                    (A) in the first sentence, by striking ``and 
                subject to subparagraph (B)''; and
                    (B) in the second sentence--
                            (i) by striking ``each intermediary meeting 
                        the requirements of subparagraph (B)'' and 
                        inserting ``an intermediary''; and
                            (ii) by striking ``25 percent'' and 
                        inserting ``50 percent'';
            (2) by striking subparagraph (B); and
            (3) by striking subparagraph (C)(iii).
    (b) Microloan Amounts.--Section 7(m) of the Small Business Act (15 
U.S.C. 636(m)) is amended--
            (1) in paragraph (1)(B)(iii), by striking ``$35,000'' and 
        inserting ``$50,000'';
            (2) in paragraph (3)(E), by striking ``$35,000'' each place 
        it appears and inserting ``$50,000''; and
            (3) in paragraph (11)(B), by striking ``$35,000'' and 
        inserting ``$50,000''.

SEC. 5. MAXIMUM LOAN AMOUNTS UNDER 504 PROGRAM.

    Section 502(2)(A) of the Small Business Investment Act of 1958 (15 
U.S.C. 696(2)(A)) is amended--
            (1) in clause (i), by striking ``$1,500,000'' and inserting 
        ``$5,000,000'';
            (2) in clause (ii), by striking ``$2,000,000'' and 
        inserting ``$5,000,000''; and
            (3) in clause (iii), by striking ``$4,000,000'' and 
        inserting ``$5,500,000''.

SEC. 6. NEW MARKETS VENTURE CAPITAL COMPANY INVESTMENT LIMITATIONS.

    Section 355 of the Small Business Investment Act of 1958 (15 U.S.C. 
689d) is amended by adding at the end the following:
    ``(e) Investment Limitations.--
            ``(1) Definition.--In this subsection, the term `covered 
        New Markets Venture Capital company' means a New Markets 
        Venture Capital company--
                    ``(A) granted final approval by the Administrator 
                under section 354(e) on or after March 1, 2002; and
                    ``(B) that has obtained a financing from the 
                Administrator.
            ``(2) Limitation.--Except to the extent approved by the 
        Administrator, a covered New Markets Venture Capital company 
        may not acquire or issue commitments for securities under this 
        title for any single enterprise in an aggregate amount equal to 
        more than 10 percent of the sum of--
                    ``(A) the regulatory capital of the covered New 
                Markets Venture Capital company; and
                    ``(B) the total amount of leverage projected in the 
                participation agreement of the covered New Markets 
                Venture Capital.''.

SEC. 7. EXTRAMURAL RESEARCH AND DEVELOPMENT BUDGET OF THE NATIONAL 
              INSTITUTES OF HEALTH.

    Title VIII of division A of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111-5; 123 Stat. 176) is amended in the matter 
under the heading ``office of the director'' under the heading 
``National Institutes of Health'' under the heading ``DEPARTMENT OF 
HEALTH AND HUMAN SERVICES'', by inserting after ``638(n)(1):'' the 
following: ``Provided further, That not later than September 30, 2010, 
of the amount appropriated under this heading, $150,000,000 shall be 
obligated to be expended with the programs of the National Institutes 
of Health described in the previous proviso:''.

SEC. 8. BUSINESS STABILIZATION PROGRAM.

    Section 506(c) of division A of the American Recovery and 
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 157) is amended 
by striking ``but shall not include'' and all that follows through 
``enactment of this Act''.

SEC. 9. PROSPECTIVE REPEALS.

    (a) Amendments.--
            (1) Section 7(a) business loans.--Section 7(a) of the Small 
        Business Act (15 U.S.C. 636(a)) is amended--
                    (A) in paragraph (2)(A)--
                            (i) in clause (i), by striking ``90 
                        percent'' and inserting ``75 percent''; and
                            (ii) in clause (ii), by striking ``90 
                        percent'' and inserting ``85 percent''; and
                    (B) in paragraph (3)(A), by striking ``$4,500,000'' 
                and inserting ``$3,750,000''.
            (2) Low interest refinancing under the local development 
        business loan program.--Section 502(7) of the Small Business 
        Investment Act of 1958 (15 U.S.C. 696(7)) is amended by 
        striking subparagraph (C).
    (b) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2010.
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