89–008 

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 


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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; DiazBalart—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 selfemployment tax. 

Results: Defeated 3–7. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; DiazBalart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 260 

Date: October 28, 2009. 


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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; DiazBalart—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; DiazBalart—Nay; Foxx—Nay; Slaughter—Yea. 

SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

Vela ́zquez (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. Vela ́zquez (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) 


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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) 


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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

VELA ́ ZQUEZ, 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 


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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 MANUFAC- TURING 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.’’. 


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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. 


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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 subVerDate Nov 24 2008 04:55 Oct 29, 2009 Jkt 089008 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR317.XXX HR317

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mit 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: 


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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 MIN- UTES

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— 


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(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). 


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‘‘(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): 


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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 UNEMPLOY- MENT.— 

‘‘(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 BROWNWAITE, 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 


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14 

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.’’. 

Æ 


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