I 

113TH CONGRESS 

2D SESSION H. R. 4652 

To increase lending to small businesses. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2014 

Mr. TIERNEY (for himself, Mr. CICILLINE, Ms. DELAURO, Mr. LARSEN of 

Washington, Mr. LOEBSACK, Mr. MCGOVERN, Ms. NORTON, Mr. RANGEL, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. TONKO, Ms. TSONGAS, Mr. 

CAPUANO, Mr. PAYNE, Mr. CA ́RDENAS, Mr. COURTNEY, Ms. 

DUCKWORTH, Mr. HASTINGS of Florida, Mr. LOWENTHAL, Mr. 

MICHAUD, Mr. OWENS, Mr. POCAN, Ms. SHEA-PORTER, and Mr. LEWIS) 

introduced the following bill; which was referred to the Committee on 

Small Business 

A BILL 

To increase lending to small businesses. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Increasing Small Busi5 ness Lending Act’’. 

6 SEC. 2. FEE REDUCTIONS. 

7 (a) ADMINISTRATIVE PROVISIONS SMALL BUSINESS

8 ADMINISTRATION.—Until September 30, 2015, and to the 

9 extent that the cost of such elimination or reduction of 


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1 fees is offset by appropriations, with respect to each loan 

2 guaranteed under section 7(a) of the Small Business Act 

3 (15 U.S.C. 636(a)) and section 3 of this Act, for which 

4 the application is approved on or after the date of enact5 ment of this Act, the Administrator shall— 

6 (1) in lieu of the fee otherwise applicable under 

7 section 7(a)(23)(A) of the Small Business Act (15 

8 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees 

9 to the maximum extent possible; and 

10 (2) in lieu of the fee otherwise applicable under 

11 section 7(a)(18)(A) of the Small Business Act (15 

12 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees 

13 to the maximum extent possible. 

14 (b) TEMPORARY FEE ELIMINATION FOR THE 504 

15 LOAN PROGRAM.— 

16 (1) IN GENERAL.—Until September 30, 2015, 

17 and to the extent the cost of such elimination in fees 

18 is offset by appropriations, with respect to each 

19 project or loan guaranteed by the Administrator 

20 pursuant to title V of the Small Business Investment 

21 Act of 1958 (15 U.S.C. 695 et seq.) for which an 

22 application is approved or pending approval on or 

23 after the date of enactment of this Act— 

24 (A) the Administrator shall, in lieu of the 

25 fee otherwise applicable under section 503(d)(2) 


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1 of the Small Business Investment Act of 1958 

2 (15 U.S.C. 697(d)(2)), collect no fee; and 

3 (B) a development company shall, in lieu 

4 of the processing fee under section 

5 120.971(a)(1) of title 13, Code of Federal Reg6 ulations (relating to fees paid by borrowers), or 

7 any successor thereto, collect no fee. 

8 (2) REIMBURSEMENT FOR WAIVED FEES.— 

9 (A) IN GENERAL.—To the extent that the 

10 cost of such payments is offset by appropria11 tions, the Administrator shall reimburse each 

12 development company that does not collect a 

13 processing fee pursuant to paragraph (1)(B). 

14 (B) AMOUNT.—The payment to a develop15 ment company under subparagraph (A) shall be 

16 in an amount equal to 1.5 percent of the net 

17 debenture proceeds for which the development 

18 company does not collect a processing fee pur19 suant to paragraph (1)(B). 

20 (c) APPLICATION OF FEE ELIMINATIONS.—To the 

21 extent that amounts are made available to the Adminis22 trator for the purpose of fee eliminations or reductions 

23 under subsection (a), the Administrator shall— 

24 (1) first use any amounts provided to eliminate 

25 or reduce fees paid by small business borrowers 


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1 under clauses (i) through (iii) of paragraph (18)(A), 

2 to the maximum extent possible; 

3 (2) then use any amounts provided to eliminate 

4 or reduce fees under paragraph (23)(A) paid by 

5 small business lenders with assets less than 

6 $1,000,000,000 as of the date of enactment; and 

7 (3) then use any remaining amounts appro8 priated under this Act to reduce fees paid by small 

9 business lenders other than those with assets less 

10 than $1,000,000,000. 

11 SEC. 3. ECONOMIC STIMULUS LENDING PROGRAM FOR 

12 SMALL BUSINESSES. 

13 (a) IN GENERAL.—The Administrator may guarantee 

14 up to 90 percent of qualifying small business loans made 

15 by eligible lenders. 

16 (b) DEFINITIONS.—For purposes of this section: 

17 (1) The term ‘‘Administrator’’ means the Ad18 ministrator of the Small Business Administration. 

19 (2) The term ‘‘qualifying small business loan’’ 

20 means any loan to a small business concern pursu21 ant to section 7(a) of the Small Business Act (15 

22 U.S.C. 636) or title V of the Small Business Invest23 ment Act of 1958 (15 U.S.C. 695 and following) ex24 cept for such loans made under section 7(a)(31). 


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1 (3) The term ‘‘small business concern’’ has the 

2 same meaning as provided by section 3 of the Small 

3 Business Act (15 U.S.C. 632). 

4 (c) NONAPPLICATION OF SECTION TO CERTAIN

5 LOANS.— 

6 (1) ALIENS UNLAWFULLY PRESENT IN THE

7 UNITED STATES.—A loan guarantee may not be 

8 made under this section for a loan made to a con9 cern if an individual who is an alien unlawfully 

10 present in the United States— 

11 (A) has an ownership interest in that con12 cern; or 

13 (B) has an ownership interest in another 

14 concern that itself has an ownership interest in 

15 that concern. 

16 (2) FIRMS IN VIOLATION OF IMMIGRATION

17 LAWS.—No loan guarantee may be made under this 

18 section for a loan to any entity found, based on a 

19 determination by the Secretary of Homeland Secu20 rity or the Attorney General to have engaged in a 

21 pattern or practice of hiring, recruiting or referring 

22 for a fee, for employment in the United States per23 sons knowing those persons are or would be aliens 

24 unlawfully present in the United States. 


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1 (d) CRIMINAL BACKGROUND CHECKS.—Before ap2 proval of any loan guarantee under this section, the Ad3 ministrator may verify the applicant’s criminal back4 ground, or lack thereof, through the best available means, 

5 including, if possible, use of the National Crime Informa6 tion Center computer system at the Federal Bureau of In7 vestigation. 

8 (e) APPLICATION OF OTHER LAW.—Nothing in this 

9 section shall be construed to exempt any activity of the 

10 Administrator under this section from the Federal Credit 

11 Reform Act of 1990 (title V of the Congressional Budget 

12 and Impoundment Control Act of 1974; 2 U.S.C. 661 and 

13 following). 

14 (f) SMALL BUSINESS ACT PROVISIONS.—The provi15 sions of the Small Business Act applicable to loan guaran16 tees under section 7 of that Act and regulations promul17 gated thereunder as of the date of the enactment of this 

18 Act shall apply to loan guarantees under this section ex19 cept as otherwise provided in this section. 

20 (g) SUNSET.—Loan guarantees may not be issued 

21 under this section later than one year after the date of 

22 the enactment of this Act. 


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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as may be necessary to carry out this Act. 

Æ 


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