[House Report 111-317]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-317

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

 
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3854) TO AMEND THE SMALL 
 BUSINESS ACT AND THE SMALL BUSINESS INVESTMENT ACT OF 1958 TO IMPROVE 
  PROGRAMS PROVIDING ACCESS TO CAPITAL UNDER SUCH ACTS, AND FOR OTHER 
                                PURPOSES

                                _______
                                

  October 28, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Ms. Pingree, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 875]

    The Committee on Rules, having had under consideration 
House Resolution 875, by a record vote of 7-3, report the same 
to the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3854, the 
Small Business Financing and Investment Act of 2009, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Small Business. The rule 
waives all points of order against consideration of the bill 
except clauses 9 and 10 of rule XXI. The resolution provides 
that the amendment printed in part A of this report shall be 
considered as adopted and provides that the bill, as amended, 
shall be considered as read. The resolution waives all points 
of order against bill, as amended. This waiver does not affect 
the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure).
    The resolution makes in order only those further amendments 
printed in part B of this report. The amendments made in order 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for a division of the question in 
the House or in the Committee of the Whole. All points of order 
against the amendments except for clauses 9 and 10 of rule XXI 
are waived. The resolution provides that for those amendments 
reported from the Committee of the Whole, the question of their 
adoption shall be put to the House en gros and without demand 
for division of the question. The resolution provides one 
motion to recommit with or without instructions.
    The resolution provides that the Chair may entertain a 
motion that the Committee rise only if offered by the chair of 
the Committee on Small Business or her designee and that the 
Chair may not entertain a motion to strike out the enacting 
words of the bill (as described in clause 9 of rule XVIII). The 
resolution provides that it shall be in order at any time 
through the legislative day of October 30, 2009, for the 
Speaker to entertain motions that the House suspend the rules 
relating to a measure addressing unemployment compensation.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except for clauses 9 and 10 of rule XXI) includes a 
waiver of clause 3(d)(2) of rule XIII requiring the inclusion 
of a cost estimate. Although the rule waives all points of 
order against the bill, as amended, the Committee is not aware 
of any points of order. The waiver of all points of order is 
prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 258

    Date: October 28, 2009.
    Measure: H.R. 3854.
    Motion by: Mr. Dreier.
    Summary of motion: To grant an open rule.
    Results: Defeated 3-6.
    Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea.

Rules Committee record vote No. 259

    Date: October 28, 2009.
    Measure: H.R. 3854.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Neugebauer, #24, which would 
make permanent full repeal of the estate tax, and it would 
permanently allow the increased Section 179 expensing allowance 
at $200,000 and the phase-out threshold at $800,000, indexed to 
inflation. It would also provide for the full deduction for the 
health insurance costs of self-employed individuals when 
determining self-employment tax.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 260

    Date: October 28, 2009.
    Measure: H.R. 3854.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Sessions, #2, which would 
replace the current system for Section 179 business asset 
depreciation by allowing companies to choose the asset 
depreciation schedule that best suits their individual 
business.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Matsui--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Diaz-
Balart--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 261

    Date: October 28, 2009.
    Measure: H.R. 3854.
    Motion by: Ms. Matsui.
    Summary of motion: To report the rule.
    Results: Adopted 7-3.
    Vote by Members: McGovern--Yea; Matsui--Yea; Arcuri--Yea; 
Perlmutter--Yea; Pingree--Yea; Polis--Yea; Dreier--Nay; Diaz-
Balart--Nay; Foxx--Nay; Slaughter--Yea.

       SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

    Velazquez (NY), Graves (MO): Would make changes to the bill 
to eliminate and revise provisions that the Congressional 
Budget Office has determined to carry a direct cost. These 
changes remove any direct spending from the bill.

          SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Velazquez (NY): Would make technical and conforming 
changes to the bill, including clarifications of legislative 
intent. It also would incorporate provisions that would enhance 
investing in veteran-owned businesses in the New Markets 
Venture Capital program. It would direct the SBA to conduct a 
study on the efficacy of the Business Stabilization loan 
program that was established under the American Recovery and 
Reinvestment Act, a study on the existing loan size limits in 
the SBA's 7(a), CDC, and Microloan, and a study on the state of 
private sector lending for small businesses over the past four 
years. It contains provisions that would enable franchises with 
temporary workers to qualify for SBA lending programs and would 
enhance the ability of small firms to use 7(a) loans to 
purchase unoccupied manufacturing centers or equipment. The 
delivery of capital with Business Stabilization loans would 
also be improved, with provisions that will make more loans in 
cities with unemployment rates that exceed state rates by 25 
percent. The Health IT Financing program would also be expanded 
with eligibility for home health care providers. (20 minutes)
    2. Schock (IL): Would require the SBA Administrator to pay 
the claim of a lender who demonstrates it followed the 
applicable requirements of the National Lender Training Program 
(Sec. 106), unless the SBA has clear and convincing evidence 
demonstrating that the lender failed to comply with regulatory 
requirements. (10 minutes)
    3. Schock (IL): Would require quarterly reports on the SBA 
Administrators progress towards the expansion of the Renewable 
Energy Capital Investment Program. It would require the SBA 
Administrator to establish regulations necessary to carry out 
the program within 180 days after enactment. (10 minutes)
    4. Bright (AL): Would require each of the SBA district 
offices to establish a marketing plan for rural businesses 
regarding financing and investment alternatives, designate an 
employer as a Rural Business Outreach Specialist, and host at 
least one annual outreach seminar. (10 minutes)
    5. Flake, Jeff (AZ): Would prohibit the earmarking of 
grants made available through the Small Business Early-Stage 
Investment program. (10 minutes)
    6. Kosmas (FL): Would add ``photonics technology'' to the 
list of targeted business sectors qualified to receive grants 
under the Small Business Early-Stage Investment Program. (10 
minutes)
    7. Gingrey (GA): Would increase from 5 years to 7 years the 
period to participate in the Small Business Health Information 
Technology Financing Program. (10 minutes)
    8. Kratovil (MD): Would give the SBA Administrator 
authority under the 7(a) program to guarantee 100 percent of 
loans made to veteran owned small businesses. (10 minutes)
    9. Paulsen (MN): Would require a study and a report to 
Congress by the SBA, within one year of enactment, to determine 
the feasibility of a program to increase investment in the 
research, development and commercialization of medical 
technology by small businesses in a similar matter to the 
renewable energy program currently administered by the SBA. (10 
minutes)
    10. Massa (NY): Would create youth entrepreneurship 
programs in the Small Business Administration to assist the 
development of new businesses by young people who remain in 
their local area. (10 minutes)
    11. Foxx (NC): Would explicitly sunset all programs 
contained in the bill at the end of their authorizations or 
five years, whichever is earlier. The Administrator would 
maintain the authority to carry out responsibilities regarding 
all outstanding loans, grants, and other outstanding 
commitments made before the authorization expiration. (10 
minutes)
    12. Kissell, Larry (NC): Would amend Section 7(a)(7) of the 
Small Business Act to allow for repayment of SBA 7(A) loans 
(granted to small businesses after enactment of this bill) to 
be deferred for a maximum of 12 months from receipt of final 
loan disbursement if that small business concern is classified 
in sector 23 of the North American Industry Classification 
System. (10 minutes)
    13. Peters (MI): Would increase the maximum amount of 
stabilization loans in high unemployment areas to $75,000 and 
delays repayment of stabilization loans in high unemployment 
areas to 18 months for new loans made after enactment of this 
act. It would give the SBA administrator ability to designate 
high unemployment areas as eligible for operating assistance 
grants under the new market venture capital program. (10 
minutes)
    14. Brown-Waite (FL): Would require individuals directly 
engaged in loan application analysis and/or underwriting under 
the new Capital Backstop Program (Sec. 111) to have at least 
two years worth of experience in those activities. (10 minutes)
    15. Brown-Waite (FL): Would clarify that the Capital 
Backstop Program (Sec. 111) is authorized to start immediately 
and to operate through 2011, regardless of whether the 
recession is declared officially over during that time or SBA 
loan volume drops another 30% next year. It would restore such 
requirements after September 30, 2011. (10 minutes)
    16. Nye (VA), Buchanan (FL): Would allow the SBA 
Administrator to make loans to homeowners to be used for the 
repair or replacement of toxic drywall manufactured in China. 
(10 minutes)

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Page 68, strike lines 14 through 19.
  Page 68, beginning line 20, insert the following:
          ``(5) Applicability.--This subsection shall apply 
        only to a premier certified development company 
        designated as a premier certified development company 
        by the Administrator under this section on or after the 
        date of the enactment of the Small Business Financing 
        and Investment Act of 2009. The loan loss reserve 
        requirements relating to any premier certified 
        development company certified prior to the date of the 
        enactment of such Act shall continue to be governed by 
        regulations in effect on the date of the enactment of 
        such Act.
  Page 134, strike lines 1 through 14 and insert the following:
          ``(16) Interest assistance.--The Administrator is 
        authorized to make grants to intermediaries for the 
        purposes of reducing interest rates charged to 
        borrowers that receive financing under this 
        subsection.''.
  Page 135, after line 4, insert the following:
                  ``(C) $10,000,000 in interest assistance 
                grants, as provided in section 7(m)(16).
  Page 146, strike line 16 and all that follows through line 20 
on page 148 (and redesignate remaining sections accordingly).
  Page 149, line 15, strike ``322'' and insert ``321''.

                PART B--TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Velazquez, Nydia of New 
             York or Her Designee, Debatable for 20 Minutes

  Page 11, line 10, insert after ``that is'' the following: 
``established or''.
  Page 11, line 13, insert after ``satisfies'' the following: 
``at least one of''.
  Page 11, strike lines 17 through 22 and insert the following:
          (2) The entity is primarily engaged in the business 
        of banking, investing, or entrepreneurial development 
        and does not engage in activities which are not 
        incidental to the business of banking, investing, or 
        entrepreneurial development.
  Page 18, beginning line 17, strike ``meets basic'' and all 
that follows through ``subsection.'' and insert ``meets the 
eligibility and credit standards that a lender would be 
required to apply to approve a loan under this subsection.''.
  Page 28, line 10, strike ``by striking'' and insert ``by 
repealing''.
  Page 28, line 22, strike ``In carrying out'' and insert the 
following: ``The Administrator shall give priority under such 
program to small business concerns in a city with an 
unemployment rate that is at least 125 percent of the 
unemployment rate of the State that includes such city. In 
carrying out''.
  Page 29, after line 19, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 119. STUDY AND REPORT ON BUSINESS STABILIZATION LOANS.

  (a) Study.--The Administrator of the Small Business 
Administration shall conduct a study on the business 
stabilization program established under section 506 of title V 
of division A of the American Recovery and Reinvestment Act of 
2009 (Public Law 111-5), including--
          (1) how the program has been implemented;
          (2) the amount of time involved in processing 
        applications;
          (3) the volume of applications received and the 
        effect on application processing;
          (4) impediments to participation in the program by 
        small business concerns and lenders;
          (5) courses of action that might expedite action by 
        the Administrator on applications;
          (6) courses of action that might expand participation 
        by such concerns and lenders; and
          (7) a cost benefit analysis with regard to changes to 
        the program, including--
                  (A) increases in loan limits;
                  (B) expanding eligibility requirements;
                  (C) changes to interest rates to lenders; and
                  (D) any other change the Administrator 
                determines appropriate.
  (b) Report.--Not later than 90 days after the date of 
enactment of this Act, the Administrator of the Small Business 
Administration shall submit to Congress a report that 
includes--
          (1) the results of the study under subsection (a); 
        and
          (2) recommendations on how to change the program--
                  (A) to expand participation by small business 
                concerns and lenders; and
                  (B) to decrease the amount of time involved 
                in processing applications.
  (c) Outreach.--In conducting the study under subsection (a) 
and preparing the report under subsection (b), the 
Administrator of the Small Business Administration shall meet 
with and solicit the views of relevant stakeholders, including 
lenders.
  Page 30, line 15, strike ``20 of'' and insert ``120 of''.
  Page 32, after line 7, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 124. LOANS USED TO PURCHASE UNOCCUPIED MANUFACTURING CENTERS OR 
                    EQUIPMENT.

  Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended by adding at the end 
the following:
          ``(42) Loans used to purchase unoccupied 
        manufacturing centers or equipment.--The Administration 
        may provide loans under this subsection for the 
        purchase of what the Administrator determines to be 
        unoccupied manufacturing centers or equipment.''.
  Page 48, strike lines 14 through 18 and insert the following:

SEC. 212. CERTIFIED DEVELOPMENT COMPANY; OPERATIONAL REQUIREMENTS.

  Section 502 of the Small Business Investment Act of 1958 (15 
U.S.C. 696) is amended to read as follows:
  Page 94, strike line 10 and all that follows through line 5 
on page 95 and insert the following:
                  ``(A) Funding from institutions.--If a small 
                business concern provides--
                          ``(i) the minimum contribution 
                        required by subparagraph (B), not less 
                        than 50 percent of the total cost of 
                        any project financed shall come from 
                        State or local governments, banks or 
                        other financial institutions, or 
                        foundations or other not-for-profit 
                        institutions; and
                          ``(ii) more than the minimum 
                        contribution required under 
                        subparagraph (B), any excess 
                        contribution may be used to reduce the 
                        amount required from institutions 
                        described in clause (i), except that 
                        the amount provided by such institution 
                        may not be reduced to an amount that is 
                        less than the amount of the loan made 
                        by the Administrator.
  Page 122, strike line 15 and all that follows through line 8 
on page 123 and insert the following:
  ``(c) Reports on Combination Financing.--Not later than 90 
days after the date of enactment of the Small Business 
Financing and Investment Act of 2009, and annually thereafter, 
the Administrator shall submit a report to the Committee on 
Small Business and Entrepreneurship of the Senate and the 
Committee on Small Business of the House of Representatives 
that--
          ``(1) includes the number of small business concerns 
        that have financing under both section 7(a) of the 
        Small Business Act (15 U.S.C. 636(a)) and title V of 
        the Small Business Investment Act of 1958 (15 U.S.C. 
        695 et seq.) during the year before the year of that 
        report; and
          ``(2) describes the total amount and general 
        performance of the financing described in paragraph 
        (1).
  Page 135, line 19, strike ``new subsection''.
  Page 138, line 17, strike ``debentured''.
  Page 159, after line 8, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 511. FINANCING WITH RESPECT TO VETERANS.

  Section 354 of the Small Business Investment Act of 1958 (15 
U.S.C. 689c), as amended by this Act, is further amended by 
adding at the end the following:
  ``(g) Financing With Respect to Veterans.--A New Markets 
Venture Capital company shall, to the extent practicable, 
provide financing to small business concerns owned and 
controlled by veterans, as defined in section 3(q) of the Small 
Business Act (15 U.S.C. 632(q)), located in low-income 
geographic areas.''.
  Page 165, line 24, strike ``1395x(r))'' and insert 
``1395x(r)))''.
  Page 166, after line 14, insert the following:
                  ``(H) A State-licensed, a State-certified, or 
                a nationally accredited home health care 
                provider.
  Page 185, line 11, insert after ``carrying out'' the 
following: ``the responsibilities pertaining to loan making 
activities under''.
  Add at the end of the bill the following:

            TITLE X--TEMPORARY EMPLOYEE SERVICES FRANCHISES


SEC. 1001. TEMPORARY EMPLOYEE SERVICES FRANCHISES.

  In determining whether a franchisee is affiliated with a 
franchiser in the temporary employee services industry for the 
purposes of Small Business Administration lending programs, the 
Administrator of the Small Business Administration shall--
          (1) continue to apply its historically-considered 
        affiliation factors in determining whether a business 
        is affiliated with another business or the franchiser 
        in the temporary staffing industry;
          (2) promulgate such other rules and regulations as 
        necessary to determine affiliation within the temporary 
        employee services industry as the Administrator 
        determines consistent with the Small Business Act; and
          (3) consider the processing of payroll and billing by 
        a franchiser as customary and common practice in the 
        temporary employee services industry that does not 
        provide probative weight on affiliation, to the extent 
        that the temporary staffing personnel are interviewed, 
        hired, trained, assigned, and subject to discharge by 
        the franchisee.

               TITLE XI--STUDY ON PRIVATE SECTOR LENDING


SEC. 1101. STUDY ON PRIVATE SECTOR LENDING.

  (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Administrator of the Small Business 
Administration shall submit to the Committee on Small Business 
of the House of Representatives and the Committee on Small 
Business and Entrepreneurship of the Senate a report that 
describes lending to small business concerns by the private 
sector, including the following:
          (1) The total amount of lending to small business 
        concerns by private sector financial institutions 
        during each of fiscal years 2006 through 2009.
          (2) The total amount of lending to small business 
        concerns by the 10 largest private sector financial 
        institutions (as determined by the Administrator in 
        terms of amounts lent during fiscal year 2006) during 
        each of fiscal years 2006 through 2009.
  (b) Coordination.--The Administrator of the Small Business 
Administration shall, if necessary, coordinate with the heads 
of other Federal departments and agencies to complete the 
report under subsection (a).
  (c) Small Business Concerns Defined.--In this section, the 
term ``small business concern'' has the meaning given such term 
under section 3(a) of the Small Business Act (15 U.S.C. 
632(a)).

             TITLE XII--STUDY ON INCREASES IN CERTAIN CAPS


SEC. 1201. STUDY ON INCREASES IN CERTAIN CAPS.

  Not later than 90 days after the date of enactment of this 
Act, the Administrator of the Small Business Administration 
shall submit to Congress a report that describes the 
anticipated effects of the following potential changes to 
programs, including whether such changes adequately meet the 
financing needs of small businesses:
          (1) Increasing--
                  (A) the maximum amount of a loan that may be 
                guaranteed under section 7(a) of the Small 
                Business Act (15 U.S.C. 636(a)) to $3,000,000; 
                and
                  (B) participation by the Administrator with 
                regard to such a loan.
          (2) Increasing--
                  (A) the maximum amount of a debenture that 
                may be guaranteed under title V of the Small 
                Business Investment Act of 1958 (15 U.S.C. 695 
                et seq.); and
                  (B) the maximum amount of a loan that may be 
                made with the proceeds of such debenture.
          (3) Increasing the maximum amount of a microloan that 
        may be made under section 7(m) of the Small Business 
        Act (15 U.S.C. 636(m)).
                              ----------                              


   2. An Amendment To Be Offered by Representative Schock, Aaron of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 12, line 18, strike closing quotation marks and period.
  Page 12, after line 18, insert:
                  ``(C) If the lender demonstrates, with 
                respect to a claim for payment described in 
                subparagraph (A), that it followed the 
                applicable requirements of the National Lender 
                Training Program as established under paragraph 
                (37) of this section, the Administrator shall 
                pay the claim unless the Administrator has 
                clear and convincing evidence demonstrating 
                that the lender failed to comply with 
                regulatory requirements established by the 
                Administrator.''.
                              ----------                              


   3. An Amendment To Be Offered by Representative Schock, Aaron of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 162, line 18, strike ``Report'' and insert ``Reports'' 
and strike ``Not later than one year'' and insert ``At 
quarterly intervals''.
  Page 162, line 21, strike ``any expansion of'' and insert 
``the Administrator's progress towards the expansion of''.
  Page 162, line 23, strike ``of this section'' and insert ``of 
amendments made by this title''.
  Page 162, after line 23, insert:
  (c) Regulations.--The Administrator of the Small Business 
Administration shall promulgate such regulations as are 
necessary to carry out the Renewable Energy Capital Investment 
Program established pursuant to this title within 180 days 
after the enactment of this Act.
                              ----------                              


   4. An Amendment To Be Offered by Representative Bright, Bobby of 
           Alabama or His Designee, Debatable for 10 Minutes

  Add at the end of the bill the following:

                        TITLE X--RURAL OUTREACH


SEC. 1001. RURAL OUTREACH.

  The Small Business Act (15 U.S.C. 631 et seq.), as amended by 
this Act, is further amended--
          (1) by redesignating section 46 as section 47; and
          (2) by inserting after section 45 the following:

``SEC. 46. RURAL OUTREACH.

  ``The Administrator shall ensure that each district office of 
the Administration that includes a rural area--
          ``(1) establishes a plan to provide small business 
        concerns in rural areas with information on the 
        financing and investment programs of the Administration 
        of use to such concerns;
          ``(2) designates an employee of the office as a rural 
        business financing outreach specialist, who is 
        responsible for providing advice concerning the lending 
        and investment programs of the Administration to small 
        business concerns; and
          ``(3) hosts at least one outreach seminar in a rural 
        area each year to provide information described under 
        paragraph (1) to small business concerns in rural 
        areas.''.
                              ----------                              


5. An Amendment To Be Offered by Representative Flake, Jeff of Arizona 
               or His Designee, Debatable for 10 Minutes

  Page 178, after line 18, insert the following:

SEC. 702. PROHIBITIONS ON EARMARKS.

  None of the funds appropriated for the program established 
under part D of title III of the Small Business Investment Act 
of 1958, as added by this title, may be used for a 
Congressional earmark as defined in clause 9(d) of rule XXI of 
the Rules of the House of Representatives.
                              ----------                              


  6. An Amendment To Be Offered by Representative Kosmas, Suzanne of 
           Florida or Her Designee, Debatable for 10 Minutes

  Page 178, after line 6, insert the following:
                          ``(ix) Photonics technology.
                              ----------                              


   7. An Amendment To Be Offered by Representative Gingrey, Phil of 
           Georgia or His Designee, Debatable for 10 Minutes

  Page 168, line 23, strike ``5 years'' and insert ``7 years''.
                              ----------                              


8. An Amendment To Be Offered by Representative Kratovil, Jr., Frank of 
           Maryland or His Designee, Debatable for 10 Minutes

  Page 32, after line 7, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 124. 100 PERCENT GUARANTEE FOR SMALL BUSINESS CONCERNS OWNED AND 
                    CONTROLLED BY VETERANS.

  Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as 
amended by this Act, is further amended--
          (1) in paragraph (3)(A) by striking the semicolon at 
        the end and inserting the following: ``or in paragraph 
        (42);''; and
          (2) by adding at the end the following:
          ``(42) 100 percent guarantee for small business 
        concerns owned and controlled by veterans.--
        Notwithstanding paragraph (2), in an agreement to 
        participate in a loan on a deferred basis under this 
        subsection with respect to a small business concern 
        owned and controlled by veterans, participation by the 
        Administrator may be equal to 100 percent. The total 
        amount outstanding and committed (by participation or 
        otherwise) with respect to a loan to such a small 
        business concern from the business loan and investment 
        fund established by this Act may not exceed 
        $3,000,000.''.
                              ----------                              


   9. An Amendment To Be Offered by Representative Paulsen, Erik of 
          Minnesota or His Designee, Debatable for 10 Minutes

  Add at the end of the bill the following:

             TITLE X--STUDY RELATING TO MEDICAL TECHNOLOGY


SEC. 1001. STUDY RELATING TO MEDICAL TECHNOLOGY.

  Not later than one year after the date of the enactment of 
this Act, the Administrator of the Small Business 
Administration shall submit to Congress a report describing 
recommendations for and the feasibility of a program--
          (1) to increase investment in the research, 
        development, and commercialization of medical 
        technology by small business concerns; and
          (2) that is administered in a manner similar to the 
        program under part C of title III of the Small Business 
        Investment Act of 1958 (15 U.S.C. 690 et eq.).
                              ----------                              


  10. An Amendment To Be Offered by Representative Massa, Eric of New 
             York or His Designee, Debatable for 10 Minutes

  Page 131, after line 4, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 306. YOUNG ENTREPRENEURS PROGRAM.

  Section 7(m)(4) of the Small Business Act (15 U.S.C. 
636(m)(4)) is amended by adding at the end the following:
                  ``(G) Young entrepreneurs program.--
                          ``(i) In general.--An intermediary 
                        that receives a grant under paragraph 
                        (1)(B)(ii) may establish a program for 
                        the geographic area served by such 
                        intermediary that provides to young 
                        entrepreneurs technical assistance 
                        regarding the following:
                                  ``(I) Establishing or 
                                operating a small business 
                                concern in the geographic area 
                                served by the intermediary.
                                  ``(II) Acquiring or securing 
                                financing to carry out the 
                                activities described in 
                                subclause (I).
                          ``(ii) Young entrepreneur defined.--
                        For purposes of this subparagraph, a 
                        young entrepreneur is an individual 
                        who--
                                  ``(I) is 25 years of age or 
                                younger; and
                                  ``(II) has resided in the 
                                geographic area served by the 
                                intermediary for not less than 
                                2 years.
                          ``(iii) Good faith effort 
                        requirement.--If a young entrepreneur 
                        who receives technical assistance under 
                        this subparagraph from an intermediary 
                        establishes or operates a small 
                        business concern, the young 
                        entrepreneur shall make a good faith 
                        effort to establish or operate such 
                        concern in the geographic area served 
                        by the intermediary.
                          ``(iv) Deferred repayment.--If a 
                        small business concern established or 
                        operated by a young entrepreneur 
                        receives a loan under this subsection, 
                        such concern may defer repayment on 
                        such loan for a period of not more than 
                        6 months beginning on the date that 
                        such concern receives the final 
                        disbursement of such loan.''.
                              ----------                              


  11. An Amendment To Be Offered by Representative Foxx, Virginia of 
        North Carolina or Her Designee, Debatable for 10 Minutes

  Add at the end of the bill the following:

                          TITLE X--TERMINATION


SEC. 1001. TERMINATION OF PROGRAMS.

  (a) In General.--Subject to subsection (b), each fiscal year 
the Administrator of the Small Business Administration may not 
carry out any program for which an authorization is established 
or extended under this Act.
  (b) Effective Date.--Subsection (a) shall take effect with 
respect to a program referred to in such subsection on the 
earlier of the following:
          (1) The date that is 5 years after the date of 
        enactment of this Act.
          (2) The date on which the authorization under this 
        Act for such program expires.
  (c) Existing Obligations.--Subsection (a) does not affect the 
ability of the Administrator to carry out responsibilities with 
regard to loans, grants, or other obligations made or in 
existence before an applicable effective date under subsection 
(b).
                              ----------                              


  12. An Amendment To Be Offered By Representative Kissell, Larry of 
        North Carolina or His Designee, Debatable for 10 Minutes

  Page 32, after line 7, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 124. DEFERRED REPAYMENT FOR CERTAIN SMALL BUSINESS CONCERNS.

  Section 7(a)(7) of the Small Business Act (15 U.S.C. 
636(a)(7)) is amended by adding at the end the following: ``If 
a small business concern classified in sector 23 of the North 
American Industry Classification System receives a loan under 
this subsection after the date of the enactment of the Small 
Business Financing and Investment Act of 2009, such concern may 
defer repayment on such loan for a period of not more than 12 
months beginning on the date that such concern receives the 
final disbursement of such loan.''.
                              ----------                              


   13. An Amendment To Be Offered by Representative Peters, Gary of 
           Michigan or His Designee, Debatable for 10 Minutes

  Page 29, line 14, strike ``$50,000'' and insert the following 
``$50,000 (except as provided under subsection (l))''.
  Page 29, after line 19, insert the following (and redesignate 
succeeding sections accordingly):

SEC. 119. DELAYED REPAYMENT FOR SMALL BUSINESS CONCERNS IN AREAS WITH 
                    HIGH UNEMPLOYMENT.

  Section 506 of title V of division A of the American Recovery 
and Reinvestment Act of 2009 (Public Law 111-5) is amended by 
adding at the end the following:
  ``(l) Small Business Concerns in Areas With High 
Unemployment.--
          ``(1) Increase loan limits.--Notwithstanding 
        subsection (d), a loan made under this section to a 
        small business concern in what the Administrator 
        determines to be an area with high unemployment may not 
        exceed $75,000.
          ``(2) Delayed repayment.--Notwithstanding subsection 
        (g), repayment for a loan made under this section after 
        the date of the enactment of the Small Business 
        Financing and Investment Act of 2009 to a small 
        business concern described in paragraph (1) shall not 
        begin until 18 months after the final disbursement of 
        funds is made.''.
  Page 156, line 12, insert after ``of 1986'' the following: 
``, except that, without regard to such meaning, such term 
includes an area that the Administrator determines to be an 
area with high unemployment''.
                              ----------                              


14. An Amendment To Be Offered by Representative Brown-Waite, Ginny of 
           Florida or Her Designee, Debatable for 10 Minutes

  Page 22, line 5, add at the end the following: ``The 
Administrator shall ensure that each individual in such group 
with loan application evaluation and underwriting 
responsibilities has at least 2 years experience with respect 
to such responsibilities.''.
                              ----------                              


15. An Amendment To Be Offered by Representative Brown-Waite, Ginny of 
           Florida or Her Designee, Debatable for 10 Minutes

  Page 20, line 25, strike ``on a date if'' and insert the 
following: ``on each date during the period beginning on the 
date of enactment of this paragraph and ending on September 30, 
2011, and on any other date after such period if''.
                              ----------                              


16. An Amendment To Be Offered by Representative Nye, Glenn of Virginia 
               or His Designee, Debatable for 10 Minutes

  Page 186, after line 24, insert the following (and 
redesignate succeeding sections accordingly):

SEC. 808. HOMEOWNERS IMPACTED BY TOXIC DRYWALL.

  Section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as 
amended by this Act, is further amended by inserting after 
paragraph (11) the following:
          ``(12) Homeowners impacted by toxic drywall.--The 
        Administrator may make a loan under this subsection to 
        any homeowner if the primary residence of such 
        homeowner has been adversely impacted by the 
        installation of toxic drywall manufactured in China. A 
        loan under this paragraph may be used only for the 
        repair or replacement of such toxic drywall.''.

                                  
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