II
Calendar No. 422
110th CONGRESS
1st Session
S. 1662
[Report No. 110–199]
IN THE SENATE OF THE UNITED STATES
June 19, 2007
Mr. Kerry (for himself and Ms. Snowe) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
October 16, 2007
Reported by Mr. Kerry, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To amend the Small Business Investment Act of 1958 to reauthorize the venture capital program, and for other purposes.
Short title
This Act may be cited as the
Small Business Venture Capital Act of
2007
.
Reauthorization
Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following:
Small Business Venture Capital
For the programs authorized under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the Administrator is authorized to make—
$500,000,000 in purchases of participating securities for each of fiscal years 2007 through 2010; and
$2,000,000,000 in guarantees of debentures for fiscal year 2007;
$2,250,000,000 in guarantees of debentures for fiscal year 2008;
$2,500,000,000 in guarantees of debentures for fiscal year 2009; and
$2,775,000,000 in guarantees of debentures for fiscal year 2010.
.
Leverage
In general
Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended to read as follows:
Maximum leverage
In general
The maximum amount of outstanding leverage made available to any 1 company licensed under section 301(c) may not exceed the lesser of—
300 percent of private capital; or
$150,000,000.
Multiple licenses under common control
The maximum amount of outstanding leverage made available to 2 or more companies licensed under section 301(c) that are commonly controlled (as determined by the Administrator) may not exceed $225,000,000.
Investments in women-owned and minority-owned businesses and in low-income geographic areas
In general
The maximum amount of outstanding leverage made available to—
any 1 company described in clause (ii) may not exceed the lesser of—
300 percent of private capital; or
$175,000,000; and
2 or more companies described in clause (ii) that are commonly controlled (as determined by the Administrator) may not exceed $250,000,000.
Applicability
A company described in this clause is a company licensed under section 301(c) that certifies in writing that not less than 50 percent of the dollar amount of investments of that company shall be made in companies that, prior to that investment, are owned by women or minorities (as determined by the Administrator) or are located in a low-income geographic area (as that term is defined in section 351).
Exception
The Administrator may, on a case-by-case basis, impose such additional terms and conditions as the Administrator determines to be appropriate to minimize the risk of loss to the Administration in the event of a default.
.
Technical and conforming amendments
Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended by striking paragraph (4).
Investments in smaller enterprises
Section 303(d) of the Small Business Investment Act of 1958 (15 U.S.C. 683(d)) is amended to read as follows:
Investments in smaller enterprises
The Administrator shall require each licensee, as a condition of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.
.
Private capital
In general
Section 103(9)(A)(ii)
of the Small Business Investment Act of 1958 (15 U.S.C. 662(9)(A)(ii)) is
amended by inserting , for any company licensed under section 301(c) on
or after October 1, 2004,
before leverage shall not be funded
based on such commitments
.
Short title
This Act may be cited as the
Small Business Venture Capital Act of
2007
.
Definitions
In this Act—
the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;
the term low-income geographic area has the meaning given that term in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689), as amended by this Act;
the term New Markets Venture Capital company has the meaning given that term in section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689); and
the term New Markets Venture Capital Program means the program under part B of title III of the Small Business Investment Act of 1958 (15 U.S.C. 689 et seq.).
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.
TITLE I—Small business investment company program
Sec. 101. Reauthorization.
Sec. 102. Leverage.
Sec. 103. Investments in small er enterprises.
Sec. 104. Private capital.
Sec. 105. Maximum investment in a company.
TITLE II—New Markets Venture Capital Program
Sec. 201. Diversification of New Markets Venture Capital Program.
Sec. 202. Establishment of Office of New Markets Venture Capital.
Sec. 203. Low-income geographic areas.
Sec. 204. Applications for New Markets Venture Capital Program.
Sec. 205. Operational assistance grants.
Sec. 206. Authorization.
Small business investment company program
Reauthorization
Section 20 of the Small Business Act (15 U.S.C. 631 note) is amended by inserting after subsection (e) the following:
Small Business Venture Capital
For the programs authorized under part A of title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.), the Administrator is authorized to make—
$500,000,000 in purchases of participating securities for each of fiscal years 2007 through 2010; and
$2,000,000,000 in guarantees of debentures for fiscal year 2007;
$2,250,000,000 in guarantees of debentures for fiscal year 2008;
$2,500,000,000 in guarantees of debentures for fiscal year 2009; and
$2,750,000,000 in guarantees of debentures for fiscal year 2010.
.
Leverage
In general
Section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended to read as follows:
Maximum leverage
In general
The maximum amount of outstanding leverage made available to any 1 company licensed under section 301(c) may not exceed the lesser of—
300 percent of private capital; or
$150,000,000.
Multiple licenses under common control
The maximum amount of outstanding leverage made available to 2 or more companies licensed under section 301(c) that are commonly controlled (as determined by the Administrator) may not exceed $225,000,000.
Investments in women-owned and minority-owned businesses and in low-income geographic areas
In general
The maximum amount of outstanding leverage made available to—
any 1 company described in clause (ii) may not exceed the lesser of—
300 percent of private capital; or
$175,000,000; and
2 or more companies described in clause (ii) that are commonly controlled (as determined by the Administrator) may not exceed $250,000,000.
Applicability
A company described in this clause is a company licensed under section 301(c) that certifies in writing that not less than 50 percent of the dollar amount of investments of that company shall be made in companies that, prior to that investment, are owned by women or minorities (as determined by the Administrator) or are located in a low-income geographic area (as that term is defined in section 351).
Exception
The Administrator may, on a case-by-case basis, impose such additional terms and conditions relating to the maximum amount of outstanding leverage made available as the Administrator determines to be appropriate to minimize the risk of loss to the Administration in the event of a default.
.
Technical and conforming amendments
Section 303(b) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)) is amended by striking paragraph (4).
Investments in smaller enterprises
Section 303(d) of the Small Business Investment Act of 1958 (15 U.S.C. 683(d)) is amended to read as follows:
Investments in smaller enterprises
The Administrator shall require each licensee, as a condition of an application for leverage, to certify in writing that not less than 25 percent of the aggregate dollar amount of financings of that licensee shall be provided to smaller enterprises.
.
Private capital
Section 103(9)(A)(ii)
of the Small Business Investment Act of 1958 (15 U.S.C. 662(9)(A)(ii)) is
amended by inserting , except for any company licensed under section
301(c) on or before September 30, 2004, that holds commitments from the
Administration for participating security leverage,
before
leverage shall not be funded based on such commitments
.
Maximum investment in a company
Section 306(a) of
the Small Business Investment Act of 1958 (15 U.S.C. 686(a)) is amended by
striking 20 per centum
and inserting 30
percent
.
New Markets Venture Capital Program
Diversification of New Markets Venture Capital Program
Selection of companies in each geographic region
Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is amended by adding at the end the following:
Geographic goal
In selecting companies to participate as New Markets Venture Capital companies in the program established under this part, the Administrator shall have as a goal to select, from among companies submitting applications under subsection (b), at least 1 company from each geographic region of the Administration.
.
Participation in New Markets Venture Capital Program
Administration participation required
Section 353 of the Small Business
Investment Act of 1958 (15 U.S.C. 689b) is amended in the matter preceding
paragraph (1), by striking under which the Administrator may
and
inserting under which the Administrator shall
.
Small manufacturer participation
Section 353(1) of the Small Business Investment Act
of 1958 (15 U.S.C. 689b(1)) is amended by inserting after section
352
the following: (with a goal of at least 1 such agreement to
be with a company engaged primarily in the development of and investment in
small manufacturers, to the extent practicable)
.
Establishment of Office of New Markets Venture Capital
Title II of the Small Business Investment Act of 1958 (15 U.S.C. 671) is amended by adding at the end the following:
Office of New Markets Venture Capital
Establishment
There is established in the Investment Division of the Administration, the Office of New Markets Venture Capital.
Director
The head of the Office of New Markets Venture Capital shall be an individual appointed in the competitive service or excepted service.
Responsibilities of Director
The responsibilities of the head of the Office of New Markets Venture Capital include—
to administer the New Markets Venture Capital Program under part B of title III;
to assess, not less frequently than once every 2 years, the nature and scope of the New Markets Venture Capital Program and to advise the Administrator on recommended changes to the program, based on such assessment;
to work to expand the number of small business concerns participating in the New Markets Venture Capital Program; and
to encourage investment in small manufacturing.
.
Low-income geographic areas
In general
Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689) is amended—
by striking paragraph (2);
by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively; and
in paragraph (2), as so redesignated—
in the matter preceding subparagraph (A)—
by striking the
term
and inserting The term
; and
by striking
means
;
by striking subparagraph (A) and inserting the following:
means a low-income community within the meaning of section 45D(e) of the Internal Revenue Code of 1986 (relating to the new markets tax credit); and
; and
in subparagraph (B), in
the matter preceding clause (i), by inserting includes
before
any area
.
Application of amended definition to capital requirement
The definition of a low-income geographic area in section 351 of the Small Business Investment Act of 1958, as amended by subsection (a), shall apply to capital raised by a New Markets Venture Capital company before, on, or after the date of enactment of this Act.
Applications for New Markets Venture Capital Program
Not later than 1 year after the date of enactment of this Act, the Administrator shall prescribe standard documents for an application for final approval by a New Markets Venture Capital company under section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall ensure that such documents are designed to substantially reduce the cost burden of the application process on a company making such an application.
Operational assistance grants
In general
Section 358(a)(4)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended to read as follows:
New markets venture capital companies
Notwithstanding section 354(d)(2), the amount of a grant made under this subsection to a New Markets Venture Capital company shall be equal to the lesser of—
10 percent of the private capital raised by the company; or
$1,000,000.
.
Conforming amendment and limitation on time for final approval of companies
Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended to read as follows:
Requirements To be met for final approval
The Administrator shall grant each conditionally approved company 2 years to raise not less than $5,000,000 of private capital or binding capital commitments from one or more investors (other than agencies or departments of the Federal Government) who met criteria established by the Administrator.
.
Authorization
Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended—
in the matter preceding paragraph (1), by
striking fiscal years 2001 through 2006
and inserting
fiscal years 2007 through 2010
; and
in paragraph (2), by
striking $30,000,000
and inserting
$20,000,000
.
October 16, 2007
Reported with an amendment