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by more than a total of 20 percent by such transfers, and 
notification of such transfers shall be submitted promptly 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate. 
TITLE VI—FINANCIAL SERVICES 
AND GENERAL GOVERNMENT 
Subtitle A—General Services 
GENERAL SERVICES ADMINISTRATION 
FEDERAL BUILDINGS FUND 
LIMITATIONS ON AVAILABILITY OF REVENUE 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount to be deposited in the Fed-
eral Buildings Fund, $7,700,000,000 for real property ac-
tivities with priority given to activities that can commence 
promptly following enactment of this Act; of which up to 
$1,000,000,000 shall be used for construction, repair, and 
alteration of border facilities and land ports of entry; of 
which not less than $6,000,000,000 shall be used for con-
struction, repair, and alteration of Federal buildings for 
projects that will create the greatest impact on energy effi-
ciency and conservation; of which $108,000,000 shall re-
main available until September 30, 2012, and shall be 
used for rental of space costs associated with the construc-
tion, repair, and alteration of these projects; Provided, 
That of the amounts provided, $160,000,000 shall remain 
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available until September 30, 2012, and shall be for build-
ing operations in support of the activities described in this 
paragraph: Provided further, That the preceding proviso 
shall apply to this appropriation in lieu of the provisions 
of section 1106 of this Act: Provided further, That the Ad-
ministrator of General Services is authorized to initiate 
design, construction, repair, alteration, leasing, and other 
projects through existing authorities of the Administrator: 
Provided further, That the Administrator shall submit a 
detailed plan, by project, regarding the use of funds to 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate within 30 days after enact-
ment of this Act, and shall provide notification to the 
Committees within 15 days prior to any changes regarding 
the use of these funds: Provided further, That the Admin-
istrator shall report to the Committees on the obligation 
of these funds on a quarterly basis beginning on June 30, 
2009: Provided further, That of the amounts provided, 
$4,000,000 shall be transferred to and merged with ‘‘Gov-
ernment-Wide Policy’’, for the Office of Federal High-Per-
formance Green Buildings as authorized in the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140). 
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ENERGY EFFICIENT FEDERAL MOTOR VEHICLE FLEET 
PROCUREMENT 
For capital expenditures and necessary expenses of 
the General Services Administration’s Motor Vehicle Ac-
quisition and Motor Vehicle Leasing programs for the ac-
quisition of motor vehicles, including plug-in and alter-
native fuel vehicles, $600,000,000: Provided, That the 
amount set aside from this appropriation pursuant to sec-
tion 1106 of this Act shall be 1 percent instead of the 
percentage specified in such section: Provided further, 
That none of these funds may be obligated until the Ad-
ministrator of General Services submits to the Committees 
on Appropriations of the House of Representatives and the 
Senate, within 90 days after enactment of this Act, a plan 
for expenditure of the funds that details the current inven-
tory of the Federal fleet owned by the General Services 
Administration, as well as other Federal agencies, and the 
strategy to expend these funds to replace a portion of the 
Federal fleet with the goal of substantially increasing en-
ergy efficiency over the current status, including increas-
ing fuel efficiency and reducing emissions: Provided fur-
ther, That the Administrator shall report to the Commit-
tees on the obligation of these funds on a quarterly basis 
beginning on June 30, 2009. 
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111 
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Subtitle B—Small Business 
SMALL BUSINESS ADMINISTRATION 
BUSINESS LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For the cost of direct loans and loan guarantees au-
thorized by sections 6202 through 6205 of this Act, 
$426,000,000: Provided, That such cost, including the 
cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974. In addition, 
for administrative expenses to carry out the direct loan 
and loan guarantee programs authorized by this Act, 
$4,000,000, which may be transferred to and merged with 
the appropriations for Salaries and Expenses: Provided, 
That this sentence shall apply to this appropriation in lieu 
of the provisions of section 1106 of this Act. 
GENERAL PROVISIONS, THIS SUBTITLE 
SEC. 6201. ECONOMIC STIMULUS LENDING PROGRAM FOR 
SMALL BUSINESSES. 
(a) PURPOSE.—The purpose of this section is to per-
mit the Small Business Administration to guarantee up 
to 95 percent of qualifying small business loans made by 
eligible lenders. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
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(2) The term ‘‘qualifying small business loan’’ 
means any loan to a small business concern that 
would be eligible for a loan guarantee under section 
7(a) of the Small Business Act (15 U.S.C. 636) or 
title V of the Small Business Investment Act of 
1958 (15 U.S.C. 695 and following). 
(3) The term ‘‘small business concern’’ has the 
same meaning as provided by section 3 of the Small 
Business Act (15 U.S.C. 632). 
(c) APPLICATION.—In order to participate in the loan 
guarantee program under this section a lender shall sub-
mit an application to the Administrator for the guarantee 
of up to 95 percent of the principal amount of a qualifying 
small business loan. The Administrator shall approve or 
deny each such application within 5 business days after 
receipt thereof. The Administrator may not delegate to 
lenders the authority to approve or disapprove such appli-
cations. 
(d) FEES.—The Administrator may charge fees for 
guarantees issued under this section. Such fees shall not 
exceed the fees permitted for loan guarantees under sec-
tion 7(a) of the Small Business Act (15 U.S.C. 631 and 
following). 
(e) INTEREST RATES.—The Administrator may not 
guarantee under this section any loan that bears interest 
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at a rate higher than 3 percent above the higher of either 
of the following as quoted in the Wall Street Journal on 
the first business day of the week in which such guarantee 
is issued: 
(1)
The
London
interbank
offered
rate 
(LIBOR) for a 3-month period. 
(2) The Prime Rate. 
(f) QUALIFIED BORROWERS.— 
(1) ALIENS
UNLAWFULLY
PRESENT
IN
THE 
UNITED
STATES.—A loan guarantee may not be 
made under this section for a loan made to a con-
cern if an individual who is an alien unlawfully 
present in the United States— 
(A) has an ownership interest in that con-
cern; 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 Secu-
rity or the Attorney General to have engaged in a 
pattern or practice of hiring, recruiting or referring 
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114 
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for a fee, for employment in the United States an 
alien knowing the person is an unauthorized alien. 
(g) CRIMINAL BACKGROUND CHECKS.—Prior to the 
approval of any loan guarantee under this section, the Ad-
ministrator may verify the applicant’s criminal back-
ground, or lack thereof, through the best available means, 
including, if possible, use of the National Crime Informa-
tion Center computer system at the Federal Bureau of In-
vestigation. 
(h) 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). 
(i) SUNSET.—Loan guarantees may not be issued 
under this section after the date 90 days after the date 
of establishment (as determined by the Administrator) of 
the economic recovery program under section 6204. 
(j) SMALL BUSINESS ACT PROVISIONS.—The provi-
sions of the Small Business Act applicable to loan guaran-
tees under section 7 of that Act shall apply to loan guaran-
tees under this section except as otherwise provided in this 
section. 
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(k) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
SEC. 6202. ESTABLISHMENT OF SBA SECONDARY MARKET 
LENDING AUTHORITY. 
(a) PURPOSE.—The purpose of this section is to pro-
vide the Small Business Administration with the authority 
to establish a Secondary Market Lending Authority within 
the SBA to make loans to the systemically important SBA 
secondary market broker-dealers who operate the SBA 
secondary market. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the SBA. 
(2) The term ‘‘SBA’’ means the Small Business 
Administration. 
(3) The terms ‘‘Secondary Market Lending Au-
thority’’ and ‘‘Authority’’ mean the office established 
under subsection (c). 
(4) The term ‘‘SBA secondary market’’ means 
the market for the purchase and sale of loans origi-
nated, underwritten, and closed under the Small 
Business Act. 
(5) The term ‘‘Systemically Important Sec-
ondary Market Broker-Dealers’’ mean those entities 
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designated under subsection (c)(1) as vital to the 
continued operation of the SBA secondary market 
by reason of their purchase and sale of the govern-
ment guaranteed portion of loans, or pools of loans, 
originated, underwritten, and closed under the Small 
Business Act. 
(c) RESPONSIBILITIES, AUTHORITIES, ORGANIZA-
TION, AND LIMITATIONS.— 
(1) DESIGNATION
OF
SYSTEMICALLY
IMPOR-
TANT
SBA
SECONDARY
MARKET
BROKER-DEAL-
ERS.—The Administrator shall establish a process to 
designate, in consultation with the Board of Gov-
ernors of the Federal Reserve and the Secretary of 
the
Treasury,
Systemically
Important
Secondary 
Market Broker-Dealers. 
(2) ESTABLISHMENT OF SBA SECONDARY MAR-
KET LENDING AUTHORITY.— 
(A) ORGANIZATION.— 
(i) The Administrator shall establish 
within the SBA an office to provide loans 
to Systemically Important Secondary Mar-
ket Broker-dealers to be used for the pur-
pose of financing the inventory of the gov-
ernment guaranteed portion of loans, origi-
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nated, underwritten, and closed under the 
Small Business Act or pools of such loans. 
(ii) The Administrator shall appoint a 
Director of the Authority who shall report 
to the Administrator. 
(iii) The Administrator is authorized 
to hire such personnel as are necessary to 
operate the Authority. 
(iv) The Administrator may contract 
such Authority operations as he determines 
necessary to qualified third-party compa-
nies or individuals. 
(v) The Administrator is authorized to 
contract with private sector fiduciary and 
custodial agents as necessary to operate 
the Authority. 
(B) LOANS.— 
(i) The Administrator shall establish 
by rule a process under which Systemically 
Important SBA Secondary Market Broker- 
Dealers designated under paragraph (1) 
may apply to the Administrator for loans 
under this section. 
(ii) The rule under clause (i) shall 
provide a process for the Administrator to 
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consider
and
make
decisions
regarding 
whether or not to extend a loan applied for 
under this section. Such rule shall include 
provisions to assure each of the following: 
(I) That loans made under this 
section are for the sole purpose of fi-
nancing the inventory of the govern-
ment
guaranteed
portion
of
loans, 
originated, underwritten, and closed 
under the Small Business Act or pools 
of such loans. 
(II) That loans made under this 
section are fully collateralized to the 
satisfaction of the Administrator. 
(III) That there is no limit to the 
frequency in which a borrower may 
borrow under this section unless the 
Administrator determines that doing 
so would create an undue risk of loss 
to the agency or the United States. 
(IV) That there is no limit on the 
size of a loan, subject to the discretion 
of the Administrator. 
(iii) Interest on loans under this sec-
tion shall not exceed the Federal Funds 
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target rate as established by the Federal 
Reserve Board of Governors plus 25 basis 
points. 
(iv) The rule under this section shall 
provide for such loan documents, legal cov-
enants, collateral requirements and other 
required documentation as necessary to 
protect the interests of the agency, the 
United States, and the taxpayer. 
(v) The Administrator shall establish 
custodial accounts to safeguard any collat-
eral pledged to the SBA in connection with 
a loan under this section. 
(vi) The Administrator shall establish 
a process to disburse and receive funds to 
and from borrowers under this section. 
(C) LIMITATIONS ON USE OF LOAN PRO-
CEEDS
BY
SYSTEMICALLY
IMPORTANT
SEC-
ONDARY MARKET BROKER-DEALERS.—The Ad-
ministrator shall ensure that borrowers under 
this section are using funds provided under this 
section only for the purpose specified in sub-
paragraph (B)(ii)(I). If the Administrator finds 
that such funds were used for any other pur-
pose, the Administrator shall— 
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(i) require immediate repayment of 
outstanding loans; 
(ii) prohibit the borrower, its affili-
ates, or any future corporate manifestation 
of the borrower from using the Authority; 
and 
(iii) take any other actions the Ad-
ministrator, in consultation with the Attor-
ney General of the United States, deems 
appropriate. 
(d) REPORT TO CONGRESS.—The Administrator shall 
submit a report to Congress not later than the third busi-
ness day of each month containing a statement of each 
of the following: 
(1) The aggregate loan amounts extended dur-
ing the preceding month under this section. 
(2) The aggregate loan amounts repaid under 
this section during the proceeding month. 
(3) The aggregate loan amount outstanding 
under this section. 
(4) The aggregate value of assets held as collat-
eral under this section. 
(5) The amount of any defaults or delinquencies 
on loans made under this section. 
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(6) The identity of any borrower found by the 
Administrator to misuse funds made available under 
this section. 
(7) Any other information the Administrator 
deems necessary to fully inform Congress of undue 
risk of financial loss to the United States in connec-
tion with loans made under this section. 
(e) DURATION.—The authority of this section shall 
remain in effect for a period of 2 years after the date of 
enactment of this section. 
(f) FUNDING.—Such sums as necessary are author-
ized to be appropriated to carry out the provisions of this 
section. 
(g) BUDGET TREATMENT.—Nothing in this section 
shall be construed to exempt any activity of the Adminis-
trator under this section from the Federal Credit Reform 
Act of 1990 (title V of the Congressional Budget and Im-
poundment Control Act of 1974; 2 U.S.C. 661 and fol-
lowing). 
(h) EMERGENCY RULEMAKING AUTHORITY.—The 
Administrator shall promulgate regulations under this sec-
tion within 15 days after the date of enactment of enact-
ment of this section. In promulgating these regulations, 
the Administrator the notice requirements of section 
553(b) of title 5 of the United States Code shall not apply. 
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HR 1 PP 
SEC. 6203. ESTABLISHMENT OF SBA SECONDARY MARKET 
GUARANTEE AUTHORITY. 
(a) PURPOSE.—The purpose of this section is to pro-
vide the Administrator with the authority to establish the 
SBA Secondary Market Guarantee Authority within the 
SBA to provide a Federal guarantee for pools of first lien 
504 loans that are to be sold to third-party investors. 
(b) DEFINITIONS.—For purposes of this section: 
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the Small Business Administration. 
(2) The term ‘‘first lien position 504 loan’’ 
means the first mortgage position, non-federally 
guaranteed loans made by private sector lenders 
made under title V of the Small Business Invest-
ment Act. 
(c) ESTABLISHMENT OF AUTHORITY.— 
(1) ORGANIZATION.— 
(A) The Administrator shall establish a 
Secondary Market Guarantee Authority within 
the Small Business Administration. 
(B) The Administrator shall appoint a Di-
rector of the Authority who shall report to the 
Administrator. 
(C) The Administrator is authorized to 
hire such personnel as are necessary to operate 
the Authority and may contract such operations 
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123 
HR 1 PP 
of the Authority as necessary to qualified third- 
party companies or individuals. 
(D) The Administrator is authorized to 
contract with private sector fiduciary and custo-
dial agents as necessary to operate the Author-
ity. 
(2) GUARANTEE PROCESS.— 
(A) The Administrator shall establish, by 
rule, a process in which private sector entities 
may apply to the Administration for a Federal 
guarantee on pools of first lien position 504 
loans that are to be sold to third-party inves-
tors. 
(B) The Administrator shall appoint a Di-
rector of the Authority who shall report to the 
Administrator. 
(C) The Administrator is authorized to 
hire such personnel as are necessary to operate 
the Authority and may contract such operations 
of the Authority as necessary to qualified third- 
party companies or individuals. 
(D) The Administrator is authorized to 
contract with private sector fiduciary and custo-
dial agents as necessary to operate the Author-
ity. 
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(3) RESPONSIBILITIES.— 
(A) The Administrator shall establish, by 
rule, a process in which private sector entities 
may apply to the SBA for a Federal guarantee 
on pools of first lien position 504 loans that are 
to be sold to third-party investors. 
(B) The rule under this section shall pro-
vide for a process for the Administrator to con-
sider and make decisions regarding whether to 
extend a Federal guarantee referred to in 
clause (i). Such rule shall also provide that: 
(i) The seller of the pools purchasing 
a guarantee under this section retains not 
less than 5 percent of the dollar amount of 
the pools to be sold to third-party inves-
tors. 
(ii) The seller of such pools shall ab-
sorb any and all losses resulting from a 
shortage or excess of monthly cash flows. 
(iii) The Administrator shall receive a 
monthly fee of not more than 50 basis 
points on the outstanding balance of the 
dollar amount of the pools that are guar-
anteed. 
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