Micro-SBIC and Emerging Managers Program Act of 2021
Bill: H.R.5225 | Sponsor: Rep. Houlahan, Chrissy (D-PA)
Policy area: Commerce

Summary:
Micro-SBIC and Emerging Managers Program Act of 2021
This bill establishes programs for the Small Business Administration (SBA) to (1) issue certain applicants a license to operate a Small Business Investment Company (SBIC) and (2) provide assistance to SBICs operated by emerging managers. An SBIC is a privately owned company, licensed and regulated by the SBA, which invests in small businesses through debt and equity.
First, the bill lowers the threshold to receive an SBIC license to include applicants that hold private capital of at least $5 million and have significant business expertise relevant to the applicant's investment strategy. The bill also sets limits on the amount of financing these SBICs may receive from the SBA.
Additionally, the bill allows managers with substantial experience operating SBICs to enter an agreement, approved by the SBA, to provide guidance and assistance to SBIC applicants that are managed by at least two emerging managers who have an investment record of less than 10 years or who focus on underserved markets.

To amend the Small Business Investment Act of 1958 to establish a 
              Micro-SBIC program, and for other purposes.

    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 ``Micro-SBIC and Emerging Managers 
Program Act of 2021''.

SEC. 2. MICRO-SBIC LICENSE.

    Part A of title III of the Small Business Investment Act of 1958 
(15 U.S.C. 681 et seq.) is amended by adding at the end the following 
new sections:

``SEC. 321. MICRO-SBIC LICENSE.

    ``(a) Establishment.--The Administrator shall establish a program 
to issue Micro-SBIC licenses to applicants for the purpose of making 
investments in and loans to qualified small business concerns.
    ``(b) Administration.--To the extent practicable, the Administrator 
shall administer the program established under this section in a 
similar manner to the program established under section 301.
    ``(c) Applications.--An applicant shall submit an application to 
the Administrator at such time, in such manner, and containing such 
information as the Administrator may require, including--
            ``(1) evidence that the applicant holds private capital of 
        not less than $5,000,000; and
            ``(2) evidence that the management of the applicant has 
        significant business expertise relevant to the applicant's 
        investment strategy.
    ``(d) Selection of Micro-SBICs.--The Administrator shall select 
applicants to be granted a license to operate a Micro-SBIC under this 
section.
    ``(e) Guidance.--The Administrator shall issue guidance that 
encourages the participation of nontraditional applicants by reducing 
requirements for applicants. Such guidance--
            ``(1) may include the requirements established under part 
        107 of title 13, Code of Federal Regulations; and
            ``(2) shall allow applicants who have not previously 
        managed an investment company to demonstrate significant 
        business expertise relevant to the applicant's investment 
        strategy by reliance upon the presence of at least two track 
        record investment committee members or participation in the 
        Emerging Managers Program established under section 322.
    ``(f) Procedures for Issuing Licenses.--
            ``(1) Status.--Not later than 90 days after the initial 
        receipt by the Administrator of an application under this 
        subsection, the Administrator shall provide the applicant with 
        a written report detailing the status of the application and 
        any requirements remaining for the completion of the 
        application.
            ``(2) Approval or disapproval.--Except as provided in 
        paragraph (3) and within a reasonable time after providing the 
        report under paragraph (1), and in accordance with such 
        requirements as the Administrator may provide, the 
        Administrator shall--
                    ``(A) approve the application and issue the 
                applicant a license to operate as a Micro-SBIC; or
                    ``(B) disapprove the application and notify the 
                applicant in writing of the disapproval, including 
                reasons for the disapproval.
            ``(3) Provisional approval.--
                    ``(A) In general.--The Administrator may provide 
                provisional approval to an applicant to--
                            ``(i) encourage investment company 
                        applicants with an investment mandate from the 
                        committed private market capital of the 
                        investment company that does not conform to the 
                        requirements relating to private capital in 
                        subsection (c) at the time of application;
                            ``(ii) allow the applicant to more 
                        effectively raise capital commitments from the 
                        private market by such provisional approval; 
                        and
                            ``(iii) allow the applicant to more 
                        precisely request the desired amount of 
                        leverage from the Administrator pending the 
                        securing of capital from private market 
                        investors.
                    ``(B) Limitation.--An applicant provided 
                provisional approval under subparagraph (A) shall apply 
                for approval under paragraph (2) not later than 12 
                months after being granted such provisional approval.
    ``(g) Maximum Leverage.--
            ``(1) In general.--The maximum amount of outstanding 
        leverage made available to any one Micro-SBIC may not exceed--
                    ``(A) 50 percent of the private capital of such 
                Micro-SBIC, not to exceed $25,000,000; or
                    ``(B) in the case of a Micro-SBIC owned by persons 
                that also own a small business investment company 
                licensed under section 301, 100 percent of the private 
                capital of such Micro-SBIC, not to exceed $50,000,000.
            ``(2) Investments in certain business.--
                    ``(A) In general.--In calculating the outstanding 
                leverage of a Micro-SBIC for purposes of subparagraph 
                (A), the Administrator shall exclude the amount of the 
                costs basis of any investments made in an entity 
                described in subparagraph (B) in an amount not to 
                exceed--
                            ``(i) $25,000,000; or
                            ``(ii) in the case of a Micro-SBIC owned by 
                        persons that also own a small business 
                        investment company licensed under section 301, 
                        $50,000,000.
                    ``(B) Entities.--An entity described in this 
                subparagraph is--
                            ``(i) a Special Competitive Opportunity Gap 
                        Business (as defined by the Administrator);
                            ``(ii) a small business concern located in 
                        a HUBZone;
                            ``(iii) a small business concern located in 
                        a community that has been designated as an 
                        empowerment zone or an enterprise community 
                        under section 1391 of the Internal Revenue Code 
                        of 1986;
                            ``(iv) a small business concern located in 
                        a community that has been designated as a 
                        promise zone by the Secretary of Housing and 
                        Urban Development; or
                            ``(v) a small business concern located in a 
                        community that has been designated as a 
                        qualified opportunity zone under section 1400Z-
                        1 of the Internal Revenue Code of 1986.
            ``(3) Portfolio diversification.--The Administrator shall 
        revise section 107.740 of title 13, Code of Federal 
        Regulations, to provide for a higher `overline limit' for a 
        Micro-SBIC compared to other small business investment 
        companies.
    ``(h) Report.--The Administrator shall include in the annual report 
required under section 10(a) of the Small Business Act a description 
of--
            ``(1) the number of applications received under this 
        subsection, including the number of applications received from 
        applicants the management of which is at least majority 
        composed of socially disadvantaged individuals or veterans;
            ``(2) the number of licenses issued under this section, 
        including the number of such licenses issued to applicants the 
        management of which is at least majority composed of socially 
        disadvantaged individuals or veterans;
            ``(3) the number of investments made by Micro-SBICs in 
        Special Competitive Opportunity Gap Businesses, disaggregated 
        by the type of Special Competitive Opportunity Gap Business; 
        and
            ``(4) the number of investments made by Micro-SBICs, 
        disaggregated by debt, debt with equity features, and equity 
        only.
    ``(i) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means an 
        incorporated body, a limited liability corporation, or a 
        limited partnership organized and chartered or otherwise 
        existing under State law solely for the purpose of securing a 
        Micro-SBIC license to perform the functions and conduct the 
        activities described under this section.
            ``(2) Management.--The term `management' means a general 
        partner of an applicant or member of the investment committee 
        of the applicant.
            ``(3) Micro-SBIC.--The term `Micro-SBIC' means a company 
        issued a license to operate pursuant to the requirements of 
        this section.
            ``(4) Micro-SBIC license.--The term `Micro-SBIC license' 
        means a license issued to an applicant to operate pursuant to 
        the requirements of this section.
            ``(5) Socially disadvantaged individual.--The term 
        `socially disadvantaged individual'--
                    ``(A) has the meaning given in section 8(a)(5) of 
                the Small Business Act; and
                    ``(B) includes an individual who is a woman.
            ``(6) Track record investment committee member.--The term 
        `track record investment committee member' means a current or 
        former small business investment company or lower-middle market 
        private equity fund manager with the knowledge, experience, and 
        capability necessary to serve as management for an applicant.
            ``(7) Veteran.--The term `veteran' has the meaning given 
        under section 3(q)(4) of the Small Business Act.

``SEC. 322. EMERGING MANAGERS PROGRAM.

    ``(a) Establishment.--The Administrator shall establish a program 
to be known as the `Emerging Managers Program' under which a covered 
manager may enter into a written agreement approved by the 
Administrator to provide guidance and assistance to an applicant for a 
small business investment company license or a Micro-SBIC license that 
is managed by not less than two individuals who are emerging managers.
    ``(b) Leverage.--Leverage made available to a small business 
investment company or Micro-SBIC that is managed by at least two 
individuals who are emerging managers shall not be considered as part 
of the leverage made available to a covered manager.
    ``(c) Report.--Not later than 5 years after the date of enactment 
of this Act, the Administrator 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 evaluating the 
effectiveness of the Emerging Managers Program established under this 
section, including with respect to increasing the number of 
applications received by and licenses issued to emerging managers.
    ``(d) Definitions.--In this subsection:
            ``(1) Covered manager.--The term `covered manager' means--
                    ``(A) a manager with substantial experience in 
                operating small business investment companies; and
                    ``(B) as determined by the Administrator, a manager 
                of a private equity fund or venture fund that is not 
                licensed as a small business investment company.
            ``(2) Emerging manager.--The term `emerging manager' means 
        an individual with an investment record of less than 10 years, 
        or with a focus on underserved markets.''.
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