An amendment numbered 1 printed in Part B of House Report 111-317 to make technical and conforming changes to the bill.

1. 1

   Change 1: Inserts “established or” after “that is”

   InsertsPage 11, line 10Printed page

   …that is[inserted: established or]…

   Original wording

   Page 11, line 10, insert after “that is” the following: “established or”.

2. 2

   Change 2: Inserts “at least one of” after “satisfies”

   InsertsPage 11, line 13Printed page

   …satisfies[inserted: at least one of]…

   Original wording

   Page 11, line 13, insert after “satisfies” the following: “at least one of”.

3. 3

   Change 3: Rewrites page 11, lines 17–22

   ReplacesPrinted page

   Removes page 11, lines 17–22 of the printed bill. See that page

   Inserted: (2) The entity is primarily engaged in the business of banking, investing, or entrepreneurial development and does not engage in activities which are not incidental to the business of banking, investing, or entrepreneurial development.

   Original wording

   Page 11, strike lines 17 through 22 and insert the following:

4. 4

   Change 4: Replaces “meets basic” through “subsection.” with “meets the eligibility and credit standards that a lender would be required to apply to ap…”

   ReplacesPage 18, line 17Printed page

   In H.R. 3854 · Reported in House

   "(40) Capital backstop program.--

   "(A) In general.--The Administrator shall establish a process under which a small business concern may submit an application to the Administrator for the purpose of securing a loan under this subsection. With respect to such application, the Administrator shall collect all information necessary to determine the creditworthiness and repayment ability of an applicant and shall determine if such application meets [struck: basic][inserted: the] eligibility and credit standards [struck: for][inserted: that] a [inserted: lender would be required to apply to approve a ]loan under this subsection.

   "(B) Participation of lenders.--

   Original wording

   Page 18, beginning line 17, strike “meets basic” and all that follows through “subsection.” and insert “meets the eligibility and credit standards that a lender would be required to apply to approve a loan under this subsection.”.

5. 5

   Change 5: Replaces “by striking” with “by repealing”

   ReplacesPage 28, line 10Printed page

   [struck: by striking][inserted: by repealing]

   Original wording

   Page 28, line 10, strike “by striking” and insert “by repealing”.

6. 6

   Change 6: Replaces “In carrying out” with “The Administrator shall give priority under such program to small business concerns in a…”

   ReplacesPage 28, line 22Printed page

   [struck: In carrying out][inserted: The Administrator shall give priority under such program to small business concerns in a city with an unemployment rate that is at least 125 percent of the unemployment rate of the State that includes such city. In carrying out]

   Original wording

   Page 28, line 22, strike “In carrying out” and insert the following: “The Administrator shall give priority under such program to small business concerns in a city with an unemployment rate that is at least 125 percent of the unemployment rate of the State that includes such city. In carrying out”.

7. 7

   Change 7: Adds SEC. 119. STUDY AND REPORT ON BUSINESS STABILIZATION LOANS on page 29, line 19

   Adds a sectionPrinted page

   Inserted: SEC. 119. STUDY AND REPORT ON BUSINESS STABILIZATION LOANS.

   Inserted: (a) Study.--The Administrator of the Small Business Administration shall conduct a study on the business stabilization program established under section 506 of title V of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), including--

   Inserted: (1) how the program has been implemented;

   Inserted: (2) the amount of time involved in processing applications;

   Inserted: (3) the volume of applications received and the effect on application processing;

   Inserted: (4) impediments to participation in the program by small business concerns and lenders;

   Inserted: (5) courses of action that might expedite action by the Administrator on applications;

   Inserted: (6) courses of action that might expand participation by such concerns and lenders; and

   Inserted: (7) a cost benefit analysis with regard to changes to the program, including--

   Inserted: (A) increases in loan limits;

   Inserted: (B) expanding eligibility requirements;

   Inserted: (C) changes to interest rates to lenders; and

   Show 7 more inserted paragraphsShow less

   Inserted: (D) any other change the Administrator determines appropriate.

   Inserted: (b) Report.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report that includes--

   Inserted: (1) the results of the study under subsection (a); and

   Inserted: (2) recommendations on how to change the program--

   Inserted: (A) to expand participation by small business concerns and lenders; and

   Inserted: (B) to decrease the amount of time involved in processing applications.

   Inserted: (c) Outreach.--In conducting the study under subsection (a) and preparing the report under subsection (b), the Administrator of the Small Business Administration shall meet with and solicit the views of relevant stakeholders, including lenders.

   Original wording

   Page 29, after line 19, insert the following (and redesignate succeeding sections accordingly):

8. 8

   Change 8: Replaces “20 of” with “120 of”

   ReplacesPage 30, line 15Printed page

   [struck: 20 of][inserted: 120 of]

   Original wording

   Page 30, line 15, strike “20 of” and insert “120 of”.

9. 9

   Change 9: Adds SEC. 124. LOANS USED TO PURCHASE UNOCCUPIED MANUFACTURING CENTERS OR EQUIPMENT on page 32, line 7

   Adds a sectionPrinted page

   Inserted: SEC. 124. LOANS USED TO PURCHASE UNOCCUPIED MANUFACTURING CENTERS OR EQUIPMENT.

   Inserted: Section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended by this Act, is further amended by adding at the end the following:

   Inserted: "(42) Loans used to purchase unoccupied manufacturing centers or equipment.--The Administration may provide loans under this subsection for the purchase of what the Administrator determines to be unoccupied manufacturing centers or equipment.".

   Original wording

   Page 32, after line 7, insert the following (and redesignate succeeding sections accordingly):

10. 10

    Change 10: Rewrites page 48, lines 14–18

    ReplacesPrinted page

    Removes page 48, lines 14–18 of the printed bill. See that page

    Inserted: SEC. 212. CERTIFIED DEVELOPMENT COMPANY; OPERATIONAL REQUIREMENTS.

    Inserted: Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended to read as follows:

    Original wording

    Page 48, strike lines 14 through 18 and insert the following:

11. 11

    Change 11: Rewrites page 94, line 10 through page 95, line 5

    ReplacesPrinted page

    Removes page 94, line 10 through page 95, line 5 of the printed bill. See that page

    Inserted: (A) Funding from institutions.--If a small business concern provides--

    Inserted: (i) the minimum contribution required by subparagraph (B), not less than 50 percent of the total cost of any project financed shall come from State or local governments, banks or other financial institutions, or foundations or other not-for-profit institutions; and

    Inserted: (ii) more than the minimum contribution required under subparagraph (B), any excess contribution may be used to reduce the amount required from institutions described in clause (i), except that the amount provided by such institution may not be reduced to an amount that is less than the amount of the loan made by the Administrator.

    Original wording

    Page 94, strike line 10 and all that follows through line 5 on page 95 and insert the following:

12. 12

    Change 12: Rewrites page 122, line 15 through page 123, line 8

    ReplacesPrinted page

    Removes page 122, line 15 through page 123, line 8 of the printed bill. See that page

    Inserted: (c) Reports on Combination Financing.--Not later than 90 days after the date of enactment of the Small Business Financing and Investment Act of 2009, and annually thereafter, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives that--

    Inserted: (1) includes the number of small business concerns that have financing under both section 7(a) of the Small Business Act (15 U.S.C. 636(a)) and title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) during the year before the year of that report; and

    Inserted: (2) describes the total amount and general performance of the financing described in paragraph (1).

    Original wording

    Page 122, strike line 15 and all that follows through line 8 on page 123 and insert the following:

13. 13

    Change 13: Strikes “new subsection”

    StrikesPage 135, line 19Printed page

    In H.R. 3854 · Reported in House

    SEC. 402. EXPEDITED LICENSING FOR EXPERIENCED APPLICANTS.

    Section 301 of the Small Business Investment Act of 1958 (15 U.S.C. 681) is amended by inserting after subsection (c) the following[struck: new subsection]:

    "(d) Licenses for Experienced Applicants.--

    Original wording

    Page 135, line 19, strike “new subsection”.

14. 14

    Change 14: Strikes “debentured”

    StrikesPage 138, line 17Printed page

    In H.R. 3854 · Reported in House

    "(2) Good standing.--For purposes of this subsection, an applicant is in good standing if--

    "(A) a licensed leveraged [struck: debentured ]or non- leveraged small business investment company specified under paragraph (1)(A) is actively operating under this Act on the date of the initial receipt of the application by the Administrator to which this subsection applies;

    "(B) no principal manager of the applicant has been found liable in a civil action for fraud if the Administrator makes a reasonable determination based on evidence in the agency record that such liability has a material adverse effect on the ability of the applicant to perform obligations required by a license issued pursuant to this Act; and

    Original wording

    Page 138, line 17, strike “debentured”.

15. 15

    Change 15: Adds SEC. 511. FINANCING WITH RESPECT TO VETERANS on page 159, line 8

    Adds a sectionPrinted page

    Inserted: SEC. 511. FINANCING WITH RESPECT TO VETERANS.

    Inserted: Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c), as amended by this Act, is further amended by adding at the end the following:

    Inserted: "(g) Financing With Respect to Veterans.--A New Markets Venture Capital company shall, to the extent practicable, provide financing to small business concerns owned and controlled by veterans, as defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q)), located in low-income geographic areas.".

    Original wording

    Page 159, after line 8, insert the following (and redesignate succeeding sections accordingly):

16. 16

    Change 16: Replaces “1395x(r))” with “1395x(r)))”

    ReplacesPage 165, line 24Printed page

    In H.R. 3854 · Reported in House

    "(2) The term 'eligible professional' means any of the following:

    "(A) A physician (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))[inserted: )].

    "(B) A practitioner described in section 1842(b)(18)(C) of that Act.

    Original wording

    Page 165, line 24, strike “1395x(r))” and insert “1395x(r)))”.

17. 17

    Change 17: Inserts new text on page 166, line 14

    InsertsPrinted page

    Inserted: (H) A State-licensed, a State-certified, or a nationally accredited home health care provider.

    Original wording

    Page 166, after line 14, insert the following:

18. 18

    Change 18: Inserts “the responsibilities pertaining to loan making activities under” after “carrying out”

    InsertsPage 185, line 11Printed page

    …carrying out[inserted: the responsibilities pertaining to loan making activities under]…

    Original wording

    Page 185, line 11, insert after “carrying out” the following: “the responsibilities pertaining to loan making activities under”.

19. 19

    Change 19: Adds TITLE X--TEMPORARY EMPLOYEE SERVICES FRANCHISES at the end of the bill

    Adds a title

    In H.R. 3854 · Reported in House

    Except as otherwise provided in this Act or in amendments made by this Act, after an opportunity for notice and comment, but not later than 180 days after the date of the enactment of this Act, the Administrator shall issue regulations to carry out this Act and the amendments made by this Act. Union Calendar No. 181

    Inserted: TITLE X--TEMPORARY EMPLOYEE SERVICES FRANCHISES

    Inserted: SEC. 1001. TEMPORARY EMPLOYEE SERVICES FRANCHISES.

    Inserted: In determining whether a franchisee is affiliated with a franchiser in the temporary employee services industry for the purposes of Small Business Administration lending programs, the Administrator of the Small Business Administration shall--

    Inserted: (1) continue to apply its historically-considered affiliation factors in determining whether a business is affiliated with another business or the franchiser in the temporary staffing industry;

    Inserted: (2) promulgate such other rules and regulations as necessary to determine affiliation within the temporary employee services industry as the Administrator determines consistent with the Small Business Act; and

    Inserted: (3) consider the processing of payroll and billing by a franchiser as customary and common practice in the temporary employee services industry that does not provide probative weight on affiliation, to the extent that the temporary staffing personnel are interviewed, hired, trained, assigned, and subject to discharge by the franchisee.

    Inserted: TITLE XI--STUDY ON PRIVATE SECTOR LENDING

    Inserted: SEC. 1101. STUDY ON PRIVATE SECTOR LENDING.

    Inserted: (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Small Business Administration 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 that describes lending to small business concerns by the private sector, including the following:

    Inserted: (1) The total amount of lending to small business concerns by private sector financial institutions during each of fiscal years 2006 through 2009.

    Inserted: (2) The total amount of lending to small business concerns by the 10 largest private sector financial institutions (as determined by the Administrator in terms of amounts lent during fiscal year 2006) during each of fiscal years 2006 through 2009.

    Inserted: (b) Coordination.--The Administrator of the Small Business Administration shall, if necessary, coordinate with the heads of other Federal departments and agencies to complete the report under subsection (a).

    Show 11 more inserted paragraphsShow less

    Inserted: (c) Small Business Concerns Defined.--In this section, the term "small business concern" has the meaning given such term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

    Inserted: TITLE XII--STUDY ON INCREASES IN CERTAIN CAPS

    Inserted: SEC. 1201. STUDY ON INCREASES IN CERTAIN CAPS.

    Inserted: Not later than 90 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report that describes the anticipated effects of the following potential changes to programs, including whether such changes adequately meet the financing needs of small businesses:

    Inserted: (1) Increasing--

    Inserted: (A) the maximum amount of a loan that may be guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to $3,000,000; and

    Inserted: (B) participation by the Administrator with regard to such a loan.

    Inserted: (2) Increasing--

    Inserted: (A) the maximum amount of a debenture that may be guaranteed under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.); and

    Inserted: (B) the maximum amount of a loan that may be made with the proceeds of such debenture.

    Inserted: (3) Increasing the maximum amount of a microloan that may be made under section 7(m) of the Small Business Act (15 U.S.C. 636(m)).

    Original wording

    Add at the end of the bill the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed