Increasing Small Business Lending Act

To increase lending to small businesses. 1. Short title This Act may be cited as the Increasing Small Business Lending Act 2. Fee reductions (a) Administrative provisions small business administration Until September 30, 2015, and to the extent that the cost of such elimination or reduction of fees is offset by appropriations, with respect to each loan guaranteed under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) (1) in lieu of the fee otherwise applicable under section 7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect no fee or reduce fees to the maximum extent possible; and (2) in lieu of the fee otherwise applicable under section 7(a)(18)(A) of the Small Business Act (15 U.S.C. 636(a)(18)(A)), collect no fee or reduce fees to the maximum extent possible. (b) Temporary fee elimination for the 504 loan program (1) In general Until September 30, 2015, and to the extent the cost of such elimination in fees is offset by appropriations, with respect to each project or loan guaranteed by the Administrator pursuant to title V of the Small Business Investment Act of 1958 ( 15 U.S.C. 695 et seq. (A) the Administrator shall, in lieu of the fee otherwise applicable under section 503(d)(2) of the Small Business Investment Act of 1958 ( 15 U.S.C. 697(d)(2) (B) a development company shall, in lieu of the processing fee under section 120.971(a)(1) (2) Reimbursement for waived fees (A) In general To the extent that the cost of such payments is offset by appropriations, the Administrator shall reimburse each development company that does not collect a processing fee pursuant to paragraph (1)(B). (B) Amount The payment to a development company under subparagraph (A) shall be in an amount equal to 1.5 percent of the net debenture proceeds for which the development company does not collect a processing fee pursuant to paragraph (1)(B). (c) Application of fee eliminations To the extent that amounts are made available to the Administrator for the purpose of fee eliminations or reductions under subsection (a), the Administrator shall— (1) first use any amounts provided to eliminate or reduce fees paid by small business borrowers under clauses (i) through (iii) of paragraph (18)(A), to the maximum extent possible; (2) then use any amounts provided to eliminate or reduce fees under paragraph (23)(A) paid by small business lenders with assets less than $1,000,000,000 as of the date of enactment; and (3) then use any remaining amounts appropriated under this Act to reduce fees paid by small business lenders other than those with assets less than $1,000,000,000. 3. Economic stimulus lending program for small businesses (a) In general The Administrator may guarantee up to 90 percent of qualifying small business loans made by eligible lenders. (b) Definitions For purposes of this section: (1) The term Administrator (2) The term qualifying small business loan (3) The term small business concern 15 U.S.C. 632 (c) Nonapplication of section to certain loans (1) Aliens unlawfully present in the united states A loan guarantee may not be made under this section for a loan made to a concern if an individual who is an alien unlawfully present in the United States— (A) has an ownership interest in that concern; or (B) has an ownership interest in another concern that itself has an ownership interest in that concern. (2) Firms in violation of immigration laws No loan guarantee may be made under this section for a loan to any entity found, based on a determination by the Secretary of Homeland Security or the Attorney General to have engaged in a pattern or practice of hiring, recruiting or referring for a fee, for employment in the United States persons knowing those persons are or would be aliens unlawfully present in the United States. (d) Criminal background checks Before approval of any loan guarantee under this section, the Administrator may verify the applicant’s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime Information Center computer system at the Federal Bureau of Investigation. (e) Application of other law Nothing in this section shall be construed to exempt any activity of the Administrator under this section from the Federal Credit Reform Act of 1990 (title V of the Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661 and following). (f) Small business act provisions The provisions of the Small Business Act applicable to loan guarantees under section 7 of that Act and regulations promulgated thereunder as of the date of the enactment of this Act shall apply to loan guarantees under this section except as otherwise provided in this section. (g) Sunset Loan guarantees may not be issued under this section later than one year after the date of the enactment of this Act. 4. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Summary: Increasing Small Business Lending Act - Amends the Small Business Act to suspend, until September 30, 2015, fees under the 7(a) program (SBA-guaranteed loans to small businesses) and the 504 program (financing to small businesses backed by SBA-guaranteed debentures issued by any qualified state or local development company). Authorizes the SBA to guarantee up to 90% of a loan made by a private lender to a small business eligible for a loan guarantee under the Small Business Act or the Small Business Investment Act of 1958. Prohibits such guarantees with respect to small businesses: (1) in which an unlawful alien has an ownership interest, or (2) in violation of immigration laws.