[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Page S3312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1915. Mr. HICKENLOOPER (for himself and Mr. Risch) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation, 
manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MICROCAP SMALL BUSINESS INVESTMENT COMPANY 
                   DESIGNATION.

       (a) In General.--Title III of the Small Business Investment 
     Act of 1958 (15 U.S.C. 681 et seq.) is amended--
       (1) in section 301(c) (15 U.S.C. 681(c)), by adding at the 
     end the following:
       ``(5) Microcap small business investment company license.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Administrator may approve an application and issue 
     not more than 10 licenses annually under this subsection with 
     respect to any applicant--
       ``(i) that would otherwise be issued a license under this 
     subsection, except that the management of the applicant does 
     not satisfy the qualification requirements under paragraph 
     (3)(A)(ii) to the extent that such requirements relate to 
     investment experience and track record, including any such 
     requirements further set forth in section 107.305 of title 
     13, Code of Federal Regulations, or any successor regulation;
       ``(ii) for which the fund managers have--

       ``(I) a documented record of successful business 
     experience;
       ``(II) a record of business management success; or
       ``(III) knowledge in the particular industry or business in 
     which the investment strategy is being pursued; and

       ``(iii) that, in addition to any other requirement 
     applicable to the applicant under this title or the rules 
     issued to carry out this title (including section 
     121.301(c)(2) of title 13, Code of Federal Regulations, or 
     any successor regulation), will make not less than 25 percent 
     of its investments in--

       ``(I) low-income communities, as that term is defined in 
     section 45D(e) of the Internal Revenue Code of 1986;
       ``(II) a community that has been designated as a qualified 
     opportunity zone under section 1400Z-1 of the Internal 
     Revenue Code of 1986;
       ``(III) businesses primarily engaged in research and 
     development;
       ``(IV) manufacturers;
       ``(V) businesses primarily owned or controlled by 
     individuals in underserved communities before receiving 
     capital from the applicant; and
       ``(VI) rural areas, as that term is defined by the Bureau 
     of the Census.

       ``(B) Priority; streamlined process.--With respect to an 
     application for a license pursuant to this paragraph, the 
     Administrator shall--
       ``(i) give priority to an applicant for such a license that 
     is located in an underlicensed State; and
       ``(ii) establish a streamlined process for applicants 
     submitting such an application.
       ``(C) Timing for issuance of license.--Notwithstanding 
     paragraph (2), with respect to an application for a license 
     submitted to the Administrator pursuant to this paragraph, 
     the Administrator shall--
       ``(i) not later than 60 days after the date on which the 
     application is submitted to the Administrator, process and 
     provide complete feedback with respect to any pre-license 
     application requirements applicable to the applicant;
       ``(ii) not restrict the submission of any application 
     materials; and
       ``(iii) not later than 90 days after the date on which the 
     application is submitted to the Administrator--

       ``(I) approve the application and issue a license for such 
     operation to the applicant, if the requirements for the 
     license are satisfied; or
       ``(II) based upon facts in the record--

       ``(aa) disapprove the application; and
       ``(bb) provide the applicant with--
       ``(AA) a clear, written explanation of the reason for the 
     disapproval; and
       ``(BB) a chance to remedy any issues with the application 
     and immediately reapply, with technical assistance provided 
     as needed and a new determination made by the Administrator 
     not later than 30 days after the date on which the applicant 
     re-submits the application.
       ``(D) Leverage.--A company licensed pursuant to this 
     paragraph shall--
       ``(i) not be eligible to receive leverage in an amount that 
     is more than $25,000,000; and
       ``(ii) access leverage in an amount that is not more than 
     100 percent of the private capital of the applicant.
       ``(E) Investment committee.--
       ``(i) In general.--Each company licensed pursuant to this 
     paragraph shall have not fewer than 2 independent members on 
     the investment committee of the company in a manner that 
     complies with the following requirements:

       ``(I) The independent members of the investment committee 
     are or have been licensed managers of small business 
     investment companies within the preceding 10-year period.
       ``(II) No small business investment company described in 
     subclause (I) may adversely affected by the relationship of 
     the independent members of the investment committee with the 
     company licensed pursuant to this paragraph.
       ``(III) The independent members of the investment committee 
     are required to approve each investment made by the company.
       ``(IV) The independent members of the investment committee 
     shall not be paid a management fee, but may receive paid 
     expenses and a portion of any carried interest.

       ``(ii) Leverage limits.--Any leverage associated with a 
     company licensed pursuant to this paragraph shall not be 
     counted toward the leverage limits of the independent members 
     of the investment committee of the company under this 
     title.''; and
       (2) in section 303(d) (15 U.S.C. 683(d)), by inserting 
     ``(or, with respect to a company licensed under section 
     301(c)(5), 50 percent)'' after ``25 percent''.
       (b) SBA Requirements.--
       (1) Definitions.--In this subsection--
       (A) the term ``Administrator'' means the Administrator of 
     the Small Business Administration; and
       (B) the term ``covered company'' means an entity that is 
     licensed to operate as a small business investment company 
     pursuant to paragraph (5) of section 301(c) of the Small 
     Business Investment Act of 1958 (15 U.S.C. 681(c)), as added 
     by subsection (a).
       (2) Rules.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator shall issue rules to 
     carry out this section and the amendments made by this 
     section.
       (3) Annual report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Administrator shall publicly publish a report that details, 
     for the year covered by the report--
       (A) the number of covered companies licensed by the 
     Administrator;
       (B) the industries in which covered companies have 
     invested;
       (C) the geographic locations of covered companies; and
       (D) the aggregate performance of covered companies.
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