Small Business Access to Capital Act of 2021
Bill: S.258 | Sponsor: Sen. Peters, Gary C. (D-MI)
Policy area: Commerce

Summary:
Small Business Access to Capital Act of 2021
This bill reauthorizes for an additional eight years the State Small Business Credit Initiative.
The initative assists participating states in providing collateral financial support to, and other innovative credit access and guarantee initiatives for, small businesses and manufacturers.
The bill prescribes allocations of federal funds to participating states, and it authorizes the Department of the Treasury to award up to $5 billion in two tranches (portions), according to specified criteria, for participating states to (1) make federal contributions to an approved state program, or (2) use as collateral for a qualifying loan or swap funding facility.

To help small businesses access capital and create jobs by 
  reauthorizing the successful State Small Business Credit Initiative.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Access to Capital Act 
of 2021''.

SEC. 2. NEW TRANCHES OF CAPITAL FOR SUCCESSFUL STATE PROGRAMS.

    Section 3003 of the Small Business Jobs Act of 2010 (12 U.S.C. 
5702) is amended by adding at the end the following:
    ``(d) Additional Allocation and Competitive Awards.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `eligible participating State' means 
                a participating State that has certified to the 
                Secretary that the State has expended, transferred, or 
                obligated not less than 80 percent of the second \1/3\ 
                of the 2010 allocation transferred to the State under 
                subsection (c)(1)(A)(iii); and
                    ``(B) the term `unused funds' means--
                            ``(i) amounts made available to the 
                        Secretary under clause (i)(II) or (ii)(II) of 
                        paragraph (2)(E); and
                            ``(ii) amounts made available to the 
                        Secretary under paragraph (4)(B)(ii).
            ``(2) Allocation for 2010 participating states.--
                    ``(A) Allocation.--Of the amount made available 
                under paragraph (6)(D), the Secretary shall allocate a 
                total of $5,000,000,000 among eligible participating 
                States in the same ratio as funds were allocated under 
                the 2010 allocation under subsection (b)(1) among 
                participating States.
                    ``(B) Application.--An eligible participating State 
                desiring to receive funds allocated under this 
                paragraph shall submit an application--
                            ``(i) not later than the date that is 6 
                        months after the date of enactment of the Small 
                        Business Access to Capital Act of 2021; and
                            ``(ii) in such manner and containing such 
                        information as the Secretary may require.
                    ``(C) Availability of allocated amount.--
                            ``(i) In general.--Notwithstanding 
                        subsection (c)(1), after an eligible 
                        participating State approved by the Secretary 
                        to receive an allocation under this paragraph 
                        has certified to the Secretary that the 
                        eligible participating State has expended, 
                        transferred, or obligated not less than 80 
                        percent of the last \1/3\ of the 2010 
                        allocation to the eligible participating State, 
                        the Secretary shall transfer to the eligible 
                        participating State the funds allocated to the 
                        eligible participating State under this 
                        paragraph.
                            ``(ii) Effect on agreements.--The 
                        allocation or transfer of funds under this 
                        paragraph to an eligible participating State 
                        shall not be construed to--
                                    ``(I) amend or modify the terms of 
                                the allocation agreement entered into 
                                by the eligible participating State 
                                relating to the 2010 allocation; or
                                    ``(II) modify or extend the 
                                allocation time period, as defined 
                                under such allocation agreement.
                    ``(D) Use of transferred funds.--An eligible 
                participating State may use funds transferred under 
                this paragraph for any purpose authorized under 
                subparagraph (A) or (B) of subsection (c)(3).
                    ``(E) Termination of availability of amounts.--
                            ``(i) In general.--If an eligible 
                        participating State has not certified to the 
                        Secretary that the State has expended, 
                        transferred, or obligated not less than 80 
                        percent of the last \1/3\ of the 2010 
                        allocation as of the date that is 2 years after 
                        the date on which the Secretary approves the 
                        eligible participating State to receive an 
                        allocation under this paragraph, any amounts 
                        allocated to the eligible participating State 
                        under this paragraph--
                                    ``(I) may not be transferred to the 
                                eligible participating State under this 
                                paragraph; and
                                    ``(II) shall be available to the 
                                Secretary to make awards under 
                                paragraph (4).
                            ``(ii) Other amounts.--Effective on the 
                        date that is 2 years after the date of 
                        enactment of the Small Business Access to 
                        Capital Act of 2021, any amounts allocated 
                        under this paragraph to a participating State 
                        that, as of such date, is not an eligible 
                        participating State or to an eligible 
                        participating State that did not submit an 
                        application under subparagraph (B) or was not 
                        approved by the Secretary to receive an 
                        allocation under this paragraph--
                                    ``(I) may not be transferred to an 
                                eligible participating State under this 
                                paragraph; and
                                    ``(II) shall be available to the 
                                Secretary to make awards under 
                                paragraph (4).
            ``(3) Competitive funding.--
                    ``(A) In general.--Of the amount made available 
                under paragraph (6)(D), the Secretary may award, on a 
                competitive basis, not more than a total of 
                $5,000,000,000 to participating States and consortiums 
                of participating States for use for any purpose 
                authorized under subparagraph (A) or (B) of subsection 
                (c)(3).
                    ``(B) Application.--
                            ``(i) In general.--A participating State or 
                        consortium of participating States desiring to 
                        receive an award under this paragraph shall 
                        submit an application--
                                    ``(I) not later than the date 
                                established by the Secretary, which 
                                shall be not later than the date that 
                                is 1 year after the date of enactment 
                                of the Small Business Access to Capital 
                                Act of 2021; and
                                    ``(II) in such manner and 
                                containing such information as the 
                                Secretary may require.
                            ``(ii) Number of applications.--A 
                        participating State may submit not more than 1 
                        application on behalf of the participating 
                        State and not more than 1 application as part 
                        of a consortium of participating States.
                            ``(iii) States that did not participate.--A 
                        State that is not a participating State may 
                        apply to the Secretary for approval to be a 
                        participating State for purposes of this 
                        paragraph and paragraph (4), in accordance with 
                        section 3004.
                    ``(C) Factors.--In determining whether to make an 
                award to a participating State or consortium of 
                participating States under this paragraph, the 
                Secretary shall consider--
                            ``(i) how the participating State or 
                        consortium of participating States plan to use 
                        amounts provided under the award under the 
                        approved State program to--
                                    ``(I) leverage private sector 
                                capital;
                                    ``(II) create and retain jobs 
                                during the 2-year period beginning on 
                                the date of the award;
                                    ``(III) serve businesses that have 
                                been incorporated or in operation for 
                                not more than 5 years; and
                                    ``(IV) serve low- or moderate-
                                income communities;
                            ``(ii) the extent to which the 
                        participating State or consortium of 
                        participating States will establish or continue 
                        a robust self-evaluation of the activities of 
                        the participating State or consortium of 
                        participating States using amounts made 
                        available under this title;
                            ``(iii) the extent to which the 
                        participating State or consortium of 
                        participating States will provide non-Federal 
                        funds in excess of the amount required under 
                        subparagraph (E); and
                            ``(iv) the extent to which the 
                        participating State expended, obligated, or 
                        transferred the 2010 allocation to the State.
                    ``(D) Award of funds.--
                            ``(i) First tranche.--Notwithstanding 
                        subsection (c)(1), and not later than 30 days 
                        after making an award under this paragraph to a 
                        participating State or consortium of 
                        participating States, the Secretary shall 
                        transfer 50 percent of the amount of the award 
                        to the participating State or consortium of 
                        participating States.
                            ``(ii) Second tranche.--After a 
                        participating State or consortium of 
                        participating States has certified to the 
                        Secretary that the participating State or 
                        consortium of participating States has 
                        expended, transferred, or obligated not less 
                        than 80 percent of the amount transferred under 
                        clause (i), the Secretary shall transfer to the 
                        participating State or consortium of 
                        participating States the remaining amount of 
                        the award.
                    ``(E) State share.--The State share of the cost of 
                the activities, excluding administrative expenses, 
                carried out using an award under this paragraph shall 
                be not less than 10 percent. The Secretary may 
                determine what contributions by a State qualify as part 
                of the State share of the cost for purposes of this 
                subparagraph.
            ``(4) Award of unused funds.--
                    ``(A) In general.--The Secretary may award, on a 
                competitive basis, unused funds to participating States 
                for use for any purpose authorized under subparagraph 
                (A) or (B) of subsection (c)(3).
                    ``(B) Unused 2010 funds.--
                            ``(i) In general.--The Secretary shall 
                        determine whether any amounts allocated to a 
                        participating State under subsection (b) shall 
                        be deemed no longer allocated and no longer 
                        available if a participating State has not 
                        certified to the Secretary that the State has 
                        expended, transferred, or obligated 80 percent 
                        of the second \1/3\ of the 2010 allocation by 
                        December 31, 2022.
                            ``(ii) Availability.--Effective on the date 
                        of the determination under clause (i), any 
                        amounts identified in the determination that 
                        were deemed no longer allocated and no longer 
                        available to the participating State shall be 
                        available to the Secretary to make awards under 
                        this paragraph.
                    ``(C) Application.--A participating State desiring 
                to receive an award under this paragraph shall submit 
                an application--
                            ``(i) not later than 3 months after the 
                        date on which funds are deemed no longer 
                        allocated and no longer available to any 
                        participating State; and
                            ``(ii) in such manner and containing such 
                        information as the Secretary may require.
                    ``(D) Factors.--In determining whether to make an 
                award to a participating State under this paragraph, 
                the Secretary shall consider the factors described in 
                paragraph (3)(C).
                    ``(E) Minimum amount.--The Secretary may not make 
                an award of less than $5,000,000 under this paragraph.
            ``(5) Compliance and reporting requirements.--During the 
        period beginning on the date on which a participating State 
        first receives funds under paragraph (2), (3), or (4) and 
        ending on the date that is 8 years after the date of enactment 
        of the Small Business Access to Capital Act of 2021, the 
        participating State shall submit quarterly and annual reports 
        containing the information described in, and in accordance with 
        the deadlines established under, section 3007.
            ``(6) Administration and implementation.--
                    ``(A) Administrative expenses for participating 
                states.--A participating State may use not more than 3 
                percent of the amount made available to the 
                participating State under paragraph (2), (3), or (4) 
                for administrative expenses incurred by the 
                participating State in implementing an approved State 
                program.
                    ``(B) Contracting.--During the 1-year period 
                beginning on the date of enactment of the Small 
                Business Access to Capital Act of 2021, and 
                notwithstanding any other provision of law relating to 
                public contracting, the Secretary may enter into 
                contracts to carry out this subsection.
                    ``(C) Amounts not assistance.--Any amounts 
                transferred to a participating State under paragraph 
                (2), (3), or (4) shall not be considered assistance for 
                purposes of subtitle V of title 31, United States Code.
                    ``(D) Appropriation.--There are appropriated to the 
                Secretary, out of any funds in the Treasury not 
                otherwise appropriated, $10,000,000,000 to carry out 
                this subsection, including to pay reasonable costs of 
                administering the programs under this subsection, to 
                remain available until expended.
                    ``(E) Termination of secretary's program 
                administration functions.--Notwithstanding section 
                3009(c), the authorities and duties of the Secretary to 
                implement and administer the program under this 
                subsection shall terminate at the end of the 8-year 
                period beginning on the date of enactment of the Small 
                Business Access to Capital Act of 2021.''.
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