[Congressional Record Volume 158, Number 163 (Tuesday, December 18, 2012)]
[House]
[Pages H6838-H6840]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




      SMALL BUSINESS INVESTMENT COMPANY MODERNIZATION ACT OF 2012

  Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 6504) to amend the Small Business Investment Act of 1958 to 
provide for increased limitations on leverage for multiple licenses 
under common control, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6504

       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 Investment 
     Company Modernization Act of 2012''.

     SEC. 2. IN GENERAL.

       Section 303(b)(2)(B) of the Small Business Investment Act 
     of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking 
     ``$225,000,000'' and inserting ``$350,000,000''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Chabot) and the gentlewoman from New York (Ms. Velazquez) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio.


                             General Leave

  Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 6504, the Small Business Investment 
Company Modernization Act of 2012. This is a bipartisan bill I 
introduced along with Representative Renee Ellmers and Representative 
David Cicilline that will increase the leverage limit for a family of 
SBIC funds from $225 million to $350 million.
  I introduced this legislation because the need for increasing small 
business access to capital is something universally agreed upon, and 
this legislation does exactly that. Specifically, this bill will 
increase investments to small businesses by $500 million per year 
without requiring an appropriation.
  In addition to having bipartisan Member support, this bill has the 
support of the Small Business Investor Alliance, the association that 
represents SBICs and other small business investors, as well as the 
support of the U.S. Chamber of Commerce, the world's largest business 
organization. Additionally, the Obama administration recommended this 
provision as a part of the President's Startup America initiative.
  The Small Business Investment Company program was created in 1958 and 
provides leverage to highly regulated

[[Page H6839]]

private investors. These private investment funds are called small 
business investment companies, or SBICs for short. SBICs raise private 
capital from institutions like banks and pension funds, and they also 
borrow Federal capital to invest in our country's most promising small 
businesses. As required by law, 100 percent of the money is invested in 
American companies. Small businesses need capital to grow and create 
jobs to support our local and regional economies.
  SBICs have invested in over 110,000 businesses since the creation of 
this program. Twenty-three percent of the investments are made in the 
manufacturing sector of our economy, and 18 percent of the investments 
are made in the transportation sector.
  The manufacturing economy is very important to my State in 
particular, Ohio, and we need to continue committing to this. In the 
past 6 years, Ohio's businesses have benefited from an investment of 
over $307 million from SBICs.
  Last year, representatives of one of the SBIC funds in Ohio testified 
before the House Small Business Committee about the benefits of the 
SBIC program and in support of the legislation we have in front of us 
here today. Northcreek Mezzanine, which is located in Cincinnati, Ohio, 
has successfully invested in five companies since it became an SBIC a 
little more than 3 years ago. Northcreek understands the importance of 
supporting successful managers through this program.
  It's important for my colleagues to know that this bill does not cost 
the taxpayers' money, nor does it increase the risk of the program. The 
SBIC debenture program will remain a zero subsidy program. That means 
that the SBICs that participate must pay an up-front fee to cover any 
losses. It's good public policy like this that truly helps business 
grow and access capital at no cost to taxpayers.
  This legislation assists proven fund managers, like Northcreek 
Mezzanine, as I mentioned before, that have a track record of success 
by allowing them access to additional funds that they can then use to 
assist small businesses. We have here a bill that increases the 
leverage to $350 million for successful investors.
  The SBA, the Small Business Administration, will continue to 
determine whether funds receive additional leverage after meeting 
certain licensure requirements. Investment decisions will be made by 
proven private sector fund managers, not the SBA, thus ensuring that 
the amount of new capital used by this bill will go to qualified small 
business investors.
  H.R. 6045 is the perfect gift this Christmas season as it is the gift 
that keeps on giving. The increase in the flow of capital to small 
businesses will have a ripple effect throughout the economy as 
businesses will expand, create jobs, and invest in research and 
development. Congress can take an important step in getting the capital 
to businesses that need it the most.
  I would urge my colleagues to vote for H.R. 6504 on the floor today, 
and I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield myself such time as I may 
consume.
  (Ms. VELAZQUEZ asked and was given permission to revise and extend 
her remarks.)
  Ms. VELAZQUEZ. I want to take this opportunity to thank the gentleman 
from Ohio for his work on this issue.
  Since 1958, the SBIC program has been an integral part of SBA's 
mission to provide small businesses with capital and create jobs. To 
date, the program has invested approximately $63 billion in more than 
110,000 U.S. companies. In fact, some of the Nation's most successful 
corporations, including Apple, FedEx, and Costco, received early-stage 
financing from SBICs. The key to the program's success is leveraging 
Federal funds to increase the amount of private capital invested in 
promising start-up companies.
  Access to capital is the lifeblood of every small business. After the 
2008 financial crisis froze traditional credit markets, many firms 
sought out alternative providers of financing, particularly SBICs. 
Demand quickly outpaced the program's capacity, requiring a significant 
increase in the leverage caps to keep up. Under the American Recovery 
and Reinvestment Act, the leverage cap on an SBIC family of funds 
nearly doubled to $225 million.
  As a result, the program experienced unprecedented growth, setting a 
record in 2012 with over $2.5 billion in equity financings made, an 85 
percent increase from 2010. This success has pushed many SBIC licensees 
against the new leverage caps, reducing the flow of capital to worthy 
small businesses.
  As you know, the goal of the SBIC program is to fill the gap between 
the availability of venture capital and the needs of small businesses 
in start-up and growth situations. Although this bill only addresses 
the needs of some in the SBIC community, it will still get additional 
equity capital flowing. As the economy continues its recovery, every 
dollar invested in small businesses will be important.
  I urge my colleagues to support this bill, and I reserve the balance 
of my time.
  Mr. CHABOT. Mr. Speaker, I have no additional speakers on our side at 
this time, and so I continue to reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield 2 minutes to the gentleman from 
Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Speaker, I thank the gentlelady for the courtesy 
of this time, and I thank my Republican colleagues, Congressman Chabot 
and Congresswoman Ellmers, for reaching across the aisle and working 
with us to introduce H.R. 6504, the Small Business Investment Company 
Modernization Act.
  Small businesses, our Nation's most effective job creators, have 
faced the brunt of the recession, and Congress needs to work in a 
bipartisan fashion to ensure our small firms are able to access private 
capital.

                              {time}  1240

  One important tool that we have in our toolbox is the Small Business 
Investment Company (SBIC) program, and today's bill will help keep the 
SBIC program a healthy and robust public-private partnership, providing 
vitally important capital to small businesses in my home State of Rhode 
Island and across this country.
  The SBIC program leverages private investment to provide greater 
capital to small businesses. Since its creation in 1958, the SBIC 
program has promoted more than $62.6 billion in financial assistance 
and made more than 164,000 investments in small businesses.
  In the past 2 years, SBICs supported more than 130,000 jobs. In the 
past 6 years, SBICs have invested more than $68 million in Rhode Island 
small businesses, including over $40 million in fiscal year 2011 alone.
  H.R. 6504 is a commonsense, bipartisan measure that raises the amount 
of leverage that a group of commonly-held, sound and successful small 
business investment companies, referred to as a family of funds, can 
access.
  The Small Business Investor Alliance estimates that increasing the 
leverage limit from $225 million to $350 million, which is achieved 
through this legislation, would facilitate approximately $500 million a 
year in new small business investment.
  This is legislation that does not require an additional appropriation 
of funding and was outlined as part of President Obama's Startup 
America Initiative, and the bill is supported by the Chamber of 
Commerce.
  I'm proud to join with my colleagues across the aisle to support this 
bill, which will strengthen the SBIC program, enhancing this public-
private partnership and the flow of investment to promising small 
businesses.
  Mr. CHABOT. Mr. Speaker, I would ask the gentlelady if she has any 
additional speakers.
  Ms. VELAZQUEZ. I don't have any additional speakers, and I yield back 
the balance of my time, Mr. Speaker.
  Mr. CHABOT. Mr. Speaker, I would urge my colleagues to support the 
Small Business Investment Company Modernization Act of 2012, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Chabot) that the House suspend the rules and 
pass the bill, H.R. 6504.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. CHABOT. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the

[[Page H6840]]

point of order that a quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

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