[House Report 106-880]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-880

======================================================================



 
          EXPORT WORKING CAPITAL LOAN IMPROVEMENT ACT OF 2000

                                _______
                                

 September 21, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

    Mr. Talent, from the Committee on Small Business, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4944]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Small Business, to whom was referred the 
bill (H.R. 4944) to amend the Small Business Act to permit the 
sale of guaranteed loans made for export purposes before the 
loans have been fully disbursed to borrowers, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                  Background and Need for Legislation

    According to the Department of Commerce, between 1987 and 
1997, the number of small business exporters tripled, going 
from 66,000 to 202,000. Small businesses now account for 31 
percent of total merchandise export sales spread throughout 
every industrial classification. The fastest growth among small 
business exporters has been with companies employing fewer than 
20 employees. These very small businesses represented 65 
percent of all exporting companies in 1997.
    Even though the number of small business exporters tripled, 
they form less than one percent of all small businesses in the 
United States. Among these firms, nearly two-thirds of small 
business exporters sold to just one foreign market in 1997. In 
fact, 76 percent of small business exporters sold less than 
$250,000 worth of goods abroad. In other words, these are 
``casual'' exporters. The key is to encourage more small 
businesses to enter the trade arena and to encourage ``casual'' 
small business exporters into becoming more active. Improving 
and increasing the availability of financing for export 
transactions is one way to help ease the anxiety expressed by 
many small businesses fearful of selling abroad.
    In response to this data, complaints from small business 
exporters about the lack of trade financing, and several 
hearings on the problems faced by small business exporters and 
improvements to the various small business export promotion 
programs of the federal government, Representative Donald 
Manzullo, Chairman of the Subcommittee on Tax, Finance and 
Exports of the Small Business Committee, introduced H.R. 4944, 
the Export Working Capital Loan Improvement Act of 2000.

                                Purpose

    The Export Working Capital Loan Improvement Act of 2000 
makes a technical correction to the Small Business Act that 
will enable the Small Business Administration (SBA) to sell 
Export Working Capital loans on the secondary market. The 
Export Working Capital Guarantee Program (EWCP) provides 
transaction-specific financing for loans of $833,333 or less 
(the Export-Import Bank of the United States (Ex-Im) provides 
small businessfinancing for loans over $833,333). Small 
business exporters may use this program for pre-export financing of 
labor and materials, financing receivables generated from these sales; 
and/or standby letters of credit used as performance bonds or payment 
guarantees to foreign buyers. The EWCP provides a repayment guarantee 
rate of 90 percent to commercial lenders and offers exporters 
preliminary commitments (PCs) that encourage lenders to provide credit. 
To be eligible, the small business must have been in operation, though 
not necessarily exporting, for at least 12 months. Interest rates and 
fees are negotiable between the lender and the small business exporter.
    Unfortunately, EWCP is a very underutilized program. In 
total, the SBA provided only 429 international trade loans in 
FY 1999.
    Enabling the sale of these loans on the secondary market, 
will increase the attractiveness of EWCP loans to lenders by 
relieving them of the costs of servicing and paperwork on 
small, short term loans. While the authority exists to sell 
EWCP loans secondary market sales of SBA guaranteed loans are 
conducted infrequently which creates a technical problem 
affecting these short term loans.
    Due to their size in comparison to most transactions in the 
national financial markets SBA loans are combined into large 
pools that are sold to secondary market investor approximately 
every six months. Current law requires that all 7(a) loans, 
including EWCP loans, must be fully disbursed to the borrower 
prior to being included in any secondary market sale, hence the 
problem. EWCP loans are often approved, disbursed, and repaid 
so quickly that they miss the window of opportunity for 
inclusion in a biennial secondary market sale. The Export 
Working Capital Loan Improvement Act of 2000 will exempt EWCP 
loans from the disbursement requirement under the SBA's 7(a) 
loan program allowing EWCP loans to be sold as part of a 
secondary market pool prior to their full disbursement.
    Passage of this technical change will free up more trade 
financing for small business exporters. Increasing the 
availability of export finance and encouraging more small 
businesses to enter into the trade arena.

                       Consideration of H.R. 4944

    At 10 a.m. on July 27, 2000, the Committee on Small 
Business met to consider H.R. 4944, and several other pieces of 
legislation. Following a review of the provisions of the bill, 
the Chairman declared the bill open for amendment. No 
amendments were offered. Chairman Talent then moved the bill be 
reported, and by unanimous voice vote, a quorum being present, 
the Committee passed H.R. 4944 and ordered it reported at 11:00 
a.m.

                      Section-by-Section Analysis


Section 1. Short title

    Designates the bill as the ``Export Working Capital 
Improvement Act of 2000.''

Section 2. Sale of guaranteed loans made for export purposes

    This section amends Section 5(f)(1)(C) of the Small 
Business Act by exempting loans made under section 7(a)(14) of 
the aforementioned Act from the disbursement requirement. 
Section 7(a)(14) of the Small Business Act is the provision in 
law that governs the EWCP loan program. This change will allow 
EWCP loans to be sold on the secondary market prior to full 
disbursement.

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 18, 2000.
Hon. James M. Talent,
Chairman, Committee on Small Business,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4944, the Export 
Working Capital Loan Improvement Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark Hadley.
            Sincerely,
                                               Arlene Holen
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 4944--Export Working Capital Loan Improvement Act of 2000

    CBO estimates that implementing H.R. 4944 would have no 
significant impact on the federal budget. This legislation 
could affect direct spending by lowering the subsidy cost of 
certain existing loan guarantees, but we estimate that any such 
effects would be negligible. Because the bill could affect 
direct spending, pay-as-you-go procedures would apply. H.R. 
4944 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act and would impose 
no costs on state, local, or tribal governments.
    Under current law, the Small Business Administration (SBA) 
may guarantee loans to small businesses to develop foreign 
markets. Lenders may sell the guaranteed portion of such loans 
after the loans are fully disbursed to the borrowers. SBA is 
authorized to charge a fee on loans sold on the secondary 
market if the sale price exceeds 110 percent of the value of 
the guarantee. Amounts collected from such fees reduce the 
subsidy cost of those loan guarantees.
    H.R. 4944 would authorize banks to sell the guaranteed 
portion of loans for export working capital before the loans 
are fully disbursed to the borrowers. CBO expects that 
implementing this provision would increase the volume of loans 
sold. We expect, however, that very few of these export-related 
guarantees would sell for more than 110 percent of the value of 
the guarantee, based on trends in the secondary market for 
loans and information from SBA. As a result, we estimate that 
the legislation would have no significant effect on the subsidy 
cost of existing or future guarantees of such loans.
    The CBO staff contact is Mark Hadley. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                      Committee Estimate of Costs

    Pursuant to the Congressional Budget Act of 1974, the 
Committee estimates that the amendments to the Small Business 
Investment Act contained in H.R. 4944 will not increase 
discretionary spending over the next five fiscal years. The 
Committee also estimates that H.R. 4944 will not affect direct 
spending. This estimate concurs with Congressional Budget 
Office (CBO) estimates.
    Furthermore, pursuant to clause 3(d)(2)(A) of rule XIII of 
the Rules of the House of Representatives, the Committee 
estimates that implementation of H.R. 4944 will not 
significantly increase other administrative costs.

                           Oversight Findings

    In accordance with clause 4(c)(2) of rule X of the Rules of 
the House of Representatives, the Committee states that no 
oversight findings or recommendations have been made by the 
Committee on Government Reform with respect to the subject 
matter contained in H.R. 4944.
    In accordance with Clause (2)(b)(1) of rule X of the Rules 
of the House of Representatives, the oversight findings and 
recommendations of the Committee on Small Business with respect 
to the subject matter contained in H.R. 4944 are incorporated 
into the descriptive portions of this report.

                 Statement of Constitutional Authority

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, Section 8, clause 18, of the 
Constitution of the United States.

                    Compliance With Public Law 104-4

    H.R. 4944 contains no unfunded mandates.

                    Congressional Accountability Act

    H.R. 4944 does not relate to the terms and conditions of 
employment or access to public services or accommodations 
within the meaning of section 102(b)(3) of Public Law 104-1.

                  Federal Advisory Committee Statement

    This legislation does not establish or authorize the 
establishment of any new advisory committees.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                  SECTION 5 OF THE SMALL BUSINESS ACT

  Sec. 5. (a) * * *

           *       *       *       *       *       *       *

  (f)(1) The guaranteed portion of any loan made pursuant to 
this Act may be sold by the lender, and by any subsequent 
holder, consistent with regulations on such sales as the 
Administration shall establish, subject to the following 
limitations:
          (A) * * *

           *       *       *       *       *       *       *

          [(C) each loan shall have been fully disbursed to the 
        borrower prior to any sale.]
          (C) each loan, except each loan made under section 
        7(a)(14), shall have been disbursed to the borrower 
        prior to any sale.

                                
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