[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5672 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5672

      To help small businesses access capital and create jobs by 
  reauthorizing the successful State Small Business Credit Initiative.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 7, 2016

 Mr. Kildee (for himself, Ms. Maxine Waters of California, Mr. Honda, 
and Mr. Langevin) introduced the following bill; which was referred to 
                  the Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
      To help small businesses access capital and create jobs by 
  reauthorizing the successful State Small Business Credit Initiative.

    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 2016''.

SEC. 2. NEW TRANCHES OF CAPITAL FOR SUCCESSFUL STATE PROGRAMS.

    Section 3003 of the Small Business Jobs Act of 2010 (12 U.S.C. 
5702) is amended by adding at the end the following:
    ``(d) Additional Allocation and Competitive Awards.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `eligible participating State' means 
                a participating State that has certified to the 
                Secretary that the State has expended, transferred, or 
                obligated not less than 80 percent of the second \1/3\ 
                of the 2010 allocation transferred to the State under 
                subsection (c)(1)(A)(iii); and
                    ``(B) the term `unused funds' means--
                            ``(i) amounts made available to the 
                        Secretary under clause (i)(II) or (ii)(II) of 
                        paragraph (2)(E); and
                            ``(ii) amounts made available to the 
                        Secretary under paragraph (4)(B)(ii).
            ``(2) Allocation for 2010 participating states.--
                    ``(A) Allocation.--Of the amount made available 
                under paragraph (6)(D), the Secretary shall allocate a 
                total of $500,000,000 among eligible participating 
                States in the same ratio as funds were allocated under 
                the 2010 allocation under subsection (b)(1) among 
                participating States.
                    ``(B) Application.--An eligible participating State 
                desiring to receive funds allocated under this 
                paragraph shall submit an application--
                            ``(i) not later than the date that is 6 
                        months after the date of enactment of the Small 
                        Business Access to Capital Act of 2016; and
                            ``(ii) in such manner and containing such 
                        information as the Secretary may require.
                    ``(C) Availability of allocated amount.--
                Notwithstanding subsection (c)(1), after an eligible 
                participating State approved by the Secretary to 
                receive an allocation under this paragraph has 
                certified to the Secretary that the eligible 
                participating State has expended, transferred, or 
                obligated not less than 80 percent of the last \1/3\ of 
                the 2010 allocation to the eligible participating 
                State, the Secretary shall transfer to the eligible 
                participating State the funds allocated to the eligible 
                participating State under this paragraph.
                    ``(D) Use of transferred funds.--An eligible 
                participating State may use funds transferred under 
                this paragraph for any purpose authorized under 
                subparagraph (A) or (B) of subsection (c)(3).
                    ``(E) Termination of availability of amounts.--
                            ``(i) In general.--If an eligible 
                        participating State has not certified to the 
                        Secretary that the State has expended, 
                        transferred, or obligated not less than 80 
                        percent of the last \1/3\ of the 2010 
                        allocation as of the date that is 2 years after 
                        the date on which the Secretary approves the 
                        eligible participating State to receive an 
                        allocation under this paragraph, any amounts 
                        allocated to the eligible participating State 
                        under this paragraph--
                                    ``(I) may not be transferred to the 
                                eligible participating State under this 
                                paragraph; and
                                    ``(II) shall be available to the 
                                Secretary to make awards under 
                                paragraph (4).
                            ``(ii) Other amounts.--Effective on the 
                        date that is 2 years after the date of 
                        enactment of the Small Business Access to 
                        Capital Act of 2016, any amounts allocated 
                        under this paragraph to a participating State 
                        that, as of such date, is not an eligible 
                        participating State or to an eligible 
                        participating State that did not submit an 
                        application under subparagraph (B) or was not 
                        approved by the Secretary to receive an 
                        allocation under this paragraph--
                                    ``(I) may not be transferred to an 
                                eligible participating State under this 
                                paragraph; and
                                    ``(II) shall be available to the 
                                Secretary to make awards under 
                                paragraph (4).
            ``(3) Competitive funding.--
                    ``(A) In general.--Of the amount made available 
                under paragraph (6)(D), the Secretary may award, on a 
                competitive basis, not more than a total of 
                $1,000,000,000 to participating States and consortiums 
                of participating States for use for any purpose 
                authorized under subparagraph (A) or (B) of subsection 
                (c)(3).
                    ``(B) Application.--
                            ``(i) In general.--A participating State or 
                        consortium of participating States desiring to 
                        receive an award under this paragraph shall 
                        submit an application--
                                    ``(I) not later than the date 
                                established by the Secretary, which 
                                shall be not later than the date that 
                                is 1 year after the date of enactment 
                                of the Small Business Access to Capital 
                                Act of 2016; and
                                    ``(II) in such manner and 
                                containing such information as the 
                                Secretary may require.
                            ``(ii) Number of applications.--A 
                        participating State may submit not more than 1 
                        application on behalf of the participating 
                        State and not more than 1 application as part 
                        of a consortium of participating States.
                            ``(iii) States that did not participate.--A 
                        State that is not a participating State may 
                        apply to the Secretary for approval to be a 
                        participating State for purposes of this 
                        paragraph and paragraph (4), in accordance with 
                        section 3004.
                    ``(C) Factors.--In determining whether to make an 
                award to a participating State or consortium of 
                participating States under this paragraph, the 
                Secretary shall consider--
                            ``(i) how the participating State or 
                        consortium of participating States plan to use 
                        amounts provided under the award under the 
                        approved State program to--
                                    ``(I) leverage private sector 
                                capital;
                                    ``(II) create and retain jobs 
                                during the 2-year period beginning on 
                                the date of the award;
                                    ``(III) serve small businesses that 
                                have been incorporated or in operation 
                                for not more than 5 years;
                                    ``(IV) serve low- or moderate-
                                income communities; and
                                    ``(V) serve minority- and women-
                                owned small businesses;
                            ``(ii) the extent to which the 
                        participating State or consortium of 
                        participating States will establish or continue 
                        a robust self-evaluation of the activities of 
                        the participating State or consortium of 
                        participating States using amounts made 
                        available under this title;
                            ``(iii) the extent to which the 
                        participating State or consortium of 
                        participating States will provide non-Federal 
                        funds in excess of the amount required under 
                        subparagraph (E); and
                            ``(iv) the extent to which the 
                        participating State expended, obligated, or 
                        transferred the 2010 allocation to the State.
                    ``(D) Award of funds.--
                            ``(i) First tranche.--Notwithstanding 
                        subsection (c)(1), and not later than 30 days 
                        after making an award under this paragraph to a 
                        participating State or consortium of 
                        participating States, the Secretary shall 
                        transfer 50 percent of the amount of the award 
                        to the participating State or consortium of 
                        participating States.
                            ``(ii) Second tranche.--After a 
                        participating State or consortium of 
                        participating States has certified to the 
                        Secretary that the participating State or 
                        consortium of participating States has 
                        expended, transferred, or obligated not less 
                        than 80 percent of the amount transferred under 
                        clause (i), the Secretary shall transfer to the 
                        participating State or consortium of 
                        participating States the remaining amount of 
                        the award.
                    ``(E) State share.--The State share of the cost of 
                the activities, excluding administrative expenses, 
                carried out using an award under this paragraph shall 
                be not less than 10 percent. The Secretary may 
                determine what contributions by a State qualify as part 
                of the State share of the cost for purposes of this 
                subparagraph.
            ``(4) Award of unused funds.--
                    ``(A) In general.--The Secretary may award, on a 
                competitive basis, unused funds to participating States 
                for use for any purpose authorized under subparagraph 
                (A) or (B) of subsection (c)(3).
                    ``(B) Unused 2010 funds.--
                            ``(i) In general.--The Secretary shall 
                        determine whether any amounts allocated to a 
                        participating State under subsection (b) shall 
                        be deemed no longer allocated and no longer 
                        available if a participating State has not 
                        certified to the Secretary that the State has 
                        expended, transferred, or obligated 80 percent 
                        of the second \1/3\ of the 2010 allocation by 
                        December 31, 2016.
                            ``(ii) Availability.--Effective on the date 
                        of the determination under clause (i), any 
                        amounts identified in the determination that 
                        were deemed no longer allocated and no longer 
                        available to the participating State shall be 
                        available to the Secretary to make awards under 
                        this paragraph.
                    ``(C) Application.--A participating State desiring 
                to receive an award under this paragraph shall submit 
                an application--
                            ``(i) not later than 3 months after the 
                        date on which funds are deemed no longer 
                        allocated and no longer available to any 
                        participating State; and
                            ``(ii) in such manner and containing such 
                        information as the Secretary may require.
                    ``(D) Factors.--In determining whether to make an 
                award to a participating State under this paragraph, 
                the Secretary shall consider the factors described in 
                paragraph (3)(C).
                    ``(E) Minimum amount.--The Secretary may not make 
                an award of less than $5,000,000 under this paragraph.
            ``(5) Extension of compliance and reporting.--
        Notwithstanding section 3007(d), a participating State that 
        receives funds under paragraph (2), (3), or (4) shall submit 
        quarterly and annual reports containing the information 
        described in section 3007 until the end of the 8-year period 
        beginning on the date of enactment of the Small Business Access 
        to Capital Act of 2016.
            ``(6) Administration and implementation.--
                    ``(A) Administrative expenses for participating 
                states.--A participating State may use not more than 3 
                percent of the amount made available to the 
                participating State under paragraph (2), (3), or (4) 
                for administrative expenses incurred by the 
                participating State in implementing an approved State 
                program.
                    ``(B) Contracting.--During the 1-year period 
                beginning on the date of enactment of the Small 
                Business Access to Capital Act of 2016, and 
                notwithstanding any other provision of law relating to 
                public contracting, the Secretary may enter into 
                contracts to carry out this subsection.
                    ``(C) Amounts not assistance.--Any amounts 
                transferred to a participating State under paragraph 
                (2), (3), or (4) shall not be considered assistance for 
                purposes of subtitle V of title 31, United States Code.
                    ``(D) Appropriation.--There are appropriated to the 
                Secretary, out of any funds in the Treasury not 
                otherwise appropriated, $1,500,000,000 to carry out 
                this subsection, including to pay reasonable costs of 
                administering the programs under this subsection, to 
                remain available until expended.
                    ``(E) Termination of secretary's program 
                administration functions.--The authorities and duties 
                of the Secretary to implement and administer the 
                program under this subsection shall terminate at the 
                end of the 8-year period beginning on the date of 
                enactment of the Small Business Access to Capital Act 
                of 2016.''.

SEC. 3. IMPROVEMENTS TO THE STATE SMALL BUSINESS CREDIT INITIATIVE.

    The State Small Business Credit Initiative Act of 2010 (12 U.S.C. 
5701 et seq.) is amended--
            (1) in section 3002, by adding at the end the following:
            ``(15) Depository institution.--The term `depository 
        institution' means--
                    ``(A) a depository institution, as defined under 
                section 3 of the Federal Deposit Insurance Act; and
                    ``(B) a State credit union and a Federal credit 
                union, as such terms are defined, respectively, under 
                section 101 of the Federal Credit Union Act.
            ``(16) Minority.--The term `minority' has the meaning given 
        that term under section 1204(c) of the Financial Institutions 
        Reform, Recovery, and Enforcement Act of 1989.
            ``(17) Minority-owned small business.--The term `minority-
        owned small business' means a small business with--
                    ``(A) more than 50 percent of the ownership or 
                control of which is held by one or more minority 
                individuals; and
                    ``(B) more than 50 percent of the net profit or 
                loss of which accrues to one or more minority 
                individuals.
            ``(18) Minority-owned depository institution.--The term 
        `minority-owned depository institution' means a depository 
        institution, if--
                    ``(A) in the case of a privately owned institution, 
                51 percent or more of such institution is owned by one 
                or more socially and economically disadvantaged 
                individuals;
                    ``(B) in the case of a publicly owned institution, 
                51 percent or more of the stock of such institution is 
                owned by one or more socially and economically 
                disadvantaged individuals; and
                    ``(C) in the case of a mutual institution--
                            ``(i) the board of directors and account 
                        holders of such institution are predominantly 
                        minority; and
                            ``(ii) the community which the institution 
                        services is predominantly minority.
            ``(19) Women-owned small business.--The term `women-owned 
        small business' means a small business with--
                    ``(A) more than 50 percent of the ownership or 
                control of which is held by one or more women; and
                    ``(B) more than 50 percent of the net profit or 
                loss of which accrues to one or more women.'';
            (2) in section 3005(e)(8)--
                    (A) by striking ``, including'' and inserting 
                ``and''; and
                    (B) by adding at the end the following: ``The 
                Secretary may not approve any State capital access 
                program that fails to include a plan that promotes a 
                fair share of the Federal contributions to be used to 
                strengthen and increase economic opportunities for 
                small businesses in low- and moderate-income, minority, 
                and other underserved communities and women- and 
                minority-owned small businesses.'';
            (3) in section 3006(d) is amended by adding at the end the 
        following:
            ``(6) The extent to which the State plans to use the 
        Federal contributions to provide access to capital for small 
        businesses in low- and moderate-income, minority, and other 
        underserved communities and to women- and minority-owned small 
        businesses, and the extent to which resulting small business 
        lending will expand economic opportunities for such communities 
        and such businesses.'';
            (4) in section 3007(b)--
                    (A) in paragraph (4), by striking ``of each 
                borrower that received such a new loan'' and inserting 
                ``in which the borrower is headquartered and zip codes 
                in which the borrower maintains significant 
                operations''; and
                    (B) by adding at the end the following:
            ``(6) The race, ethnicity, and sex of the principal owners 
        of the borrowers and applicants, the number of applications and 
        the date on which each application was received, the loan or 
        type of investment being applied for, and the number of loans 
        or applications that were approved and the date of such 
        approval. In compiling and reporting the information required 
        under this paragraph, a State may modify data which is or will 
        be available to the public, if the State determines that the 
        deletion or modification of the data is necessary to protect 
        the privacy interest of the borrower or applicant.
            ``(7) A summary of the extent to which the approved State 
        program increased economic opportunities for small businesses 
        in low- and moderate-income, minority, and other underserved 
        communities and women- and minority-owned small businesses, 
        consistent with the plan delivered by the State pursuant to 
        section 3005(e)(8).
            ``(8) The number of loans or investments by program type 
        made by minority-owned depository institutions.'';
            (5) in section 3009(a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) consult with the Director of the Office of Minority 
        and Women Inclusion of the Departmental Offices of the 
        Department of the Treasury, the Administrator of the Small 
        Business Administration, and the head of each of the 
        appropriate Federal banking agencies (who shall each consult 
        with the Director of the Office of Minority and Women Inclusion 
        of their agency), on the administration of the Program;''; and
                    (B) in paragraph (5), by inserting after 
                ``performance,'' the following: ``efforts to expand 
                economic opportunity for minority- and women-owned 
                small businesses,''; and
            (6) in section 3010--
                    (A) by inserting after ``in consultation with'' the 
                following: ``the Director of the Office of Minority and 
                Women Inclusion of the Departmental Offices of the 
                Department of the Treasury and''; and
                    (B) by adding at the end the following: ``In 
                issuing such regulations the Secretary shall seek 
                public input from community, civil rights, consumer 
                advocates, small business advocates, and other 
                interested or affected parties.''.
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