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                                                 Union Calendar No. 142

105th CONGRESS

  1st Session

                               H. R. 2261

                          [Report No. 105-246]

_______________________________________________________________________

                                 A BILL

To reauthorize and amend the programs of the Small Business Act and the 
         Small Business Investment Act, and for other purposes.

_______________________________________________________________________

                           September 8, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 142
105th CONGRESS
  1st Session
                                H. R. 2261

                          [Report No. 105-246]

To reauthorize and amend the programs of the Small Business Act and the 
         Small Business Investment Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 1997

Mr. Talent (for himself and Mr. LaFalce) introduced the following bill; 
         which was referred to the Committee on Small Business

                           September 8, 1997

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               25, 1997]

_______________________________________________________________________

                                 A BILL


 
To reauthorize and amend the programs of the Small Business Act and the 
         Small Business Investment Act, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Programs Reauthorization and Amendments Acts of 1997''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.

                        TITLE I--AUTHORIZATIONS

Sec. 101. Authorizations.

                      TITLE II--FINANCIAL PROGRAMS

                   Subtitle A--General Business Loans

Sec. 201. Securitization regulations.
Sec. 202. Background check of loan applicants.
Sec. 203. Report on increased lender approval, servicing, foreclosure, 
                            liquidation, and litigation of 7(a) loans.
Sec. 204. Completion of planning for loan monitoring system.

           Subtitle B--Certified Development Company Program

Sec. 221. Reauthorization of fees.
Sec. 222. PCLP participation
Sec. 223. PCLP eligibility.
Sec. 224. Loss reserves.
Sec. 225. Goals.
Sec. 226. Technical amendments.
Sec. 227. Promulgation of regulations.
Sec. 228. Technical amendment.
Sec. 229. Repeal.
Sec. 230. Loan servicing and liquidation.
Sec. 231. Use of proceeds.
Sec. 232. Lease of property.
Sec. 233. Seller financing.
Sec. 234. Preexisting conditions.

         Subtitle C--Small Business Investment Company Program

Sec. 241. 5-year commitments.
Sec. 242. Program reform.
Sec. 243. Fees.
Sec. 244. Examination fees.

                     Subtitle D--Microloan Program

Sec. 251. Microloan program extension.
Sec. 252. Supplemental microloan grants

                TITLE III--WOMEN'S BUSINESS ENTERPRISES

Sec. 301. Reports.
Sec. 302. Council duties.
Sec. 303. Council membership.
Sec. 304. Authorization of appropriations.
Sec. 305. Women's business centers.
Sec. 306. Office of Women's Business Ownership.

                   TITLE IV--COMPETITIVENESS PROGRAM

Sec. 401. Program term.
Sec. 402. Monitoring agency performance.
Sec. 403. Reports to Congress.
Sec. 404. Small business participation in dredging.
Sec. 405. Technical amendment.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Small business development centers.
Sec. 502. Small business export promotion.
Sec. 503. Pilot preferred surety bond guarantee program extension.
Sec. 504. Very small business concerns.
Sec. 505. Extension of cosponsorship authority
Sec. 506. Trade assistance program for small business concerns harmed 
                            by NAFTA.

                        TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATIONS.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is 
amended by striking subsections (l) through (q) and inserting the 
following:
    ``(l) The following program levels are authorized for fiscal year 
1998:
            ``(1) For the programs authorized by this Act, the 
        Administration is authorized to make--
                    ``(A) $40,000,000 in technical assistance grants, 
                as provided in section 7(m); and
                    ``(B) $60,000,000 in loans, as provided in section 
                7(m).
            ``(2) For the programs authorized by this Act, the 
        Administration is authorized to make $15,040,000,000 in 
deferred participation loans and other financings. Of such sum, the 
Administration is authorized to make--
                    ``(A) $11,000,000,000 in general business loans as 
                provided in section 7(a);
                    ``(B) $3,000,000,000 in financings as provided in 
                section 7(a)(13) of this Act and section 504 of the 
                Small Business Investment Act of 1958;
                    ``(C) $1,000,000,000 in loans as provided in 
                section 7(a)(21); and
                    ``(D) $40,000,000 in loans as provided in section 
                7(m).
            ``(3) For the programs authorized by title III of the Small 
        Business Investment Act of 1958, the Administration is 
        authorized to make--
                    ``(A) $600,000,000 in purchases of participating 
                securities; and
                    ``(B) $500,000,000 in guarantees of debentures.
            ``(4) For the programs authorized by part B of title IV of 
        the Small Business Investment Act of 1958, the Administration 
        is authorized to enter into guarantees not to exceed 
        $2,000,000,000, of which not more than $650,000,000 may be in 
        bonds approved pursuant to section 411(a)(3) of that Act.
            ``(5) The Administration is authorized to make grants or 
        enter into cooperative agreements--
                    ``(A) for the Service Corps of Retired Executives 
                program authorized by section 8(b)(1), $4,000,000; and
                    ``(B) for activities of small business development 
                centers pursuant to section 21(c)(3)(G), $15,000,000, 
                to remain available until expended.
    ``(m)(1) There are authorized to be appropriated to the 
Administration for fiscal year 1998 such sums as may be necessary to 
carry out this Act, including administrative expenses and necessary 
loan capital for disaster loans pursuant to section 7(b), and to carry 
out the Small Business Investment Act of 1958, including salaries and 
expenses of the Administration.
    ``(2) Notwithstanding paragraph (1), for fiscal year 1998--
            ``(A) no funds are authorized to be provided to carry out 
        the loan program authorized by section 7(a)(21) except by 
        transfer from another Federal department or agency to the 
        Administration, unless the program level authorized for general 
        business loans under subsection (l)(2)(A) is fully funded; and
            ``(B) the Administration may not approve loans on behalf of 
        the Administration or on behalf of any other department or 
        agency, by contract or otherwise, under terms and conditions 
        other than those specifically authorized under this Act or the 
        Small Business Investment Act of 1958, except that it may 
        approve loans under section 7(a)(21) of this Act in gross 
        amounts of not more than $1,250,000.
    ``(n) The following program levels are authorized for fiscal year 
1999:
            ``(1) For the programs authorized by this Act, the 
        Administration is authorized to make--
                    ``(A) $60,000,000 in technical assistance grants as 
                provided in section 7(m); and
                    ``(B) $60,000,000 in loans, as provided in section 
                7(m).
            ``(2) For the programs authorized by this Act, the 
        Administration is authorized to make $16,540,000,000 in 
        deferred participation loans and other financings. Of such sum, 
        the Administration is authorized to make--
                    ``(A) $12,000,000,000 in general business loans as 
                provided in section 7(a);
                    ``(B) $3,500,000,000 in financings as provided in 
                section 7(a)(13) of this Act and section 504 of the 
                Small Business Investment Act of 1958;
                    ``(C) $1,000,000,000 in loans as provided in 
                section 7(a)(21); and
                    ``(D) $40,000,000 in loans as provided in section 
                7(m).
            ``(3) For the programs authorized by title III of the Small 
        Business Investment Act of 1958, the Administration is 
        authorized to make--
                    ``(A) $700,000,000 in purchases of participating 
                securities; and
                    ``(B) $650,000,000 in guarantees of debentures.
            ``(4) For the programs authorized by part B of title IV of 
        the Small Business Investment Act of 1958, the Administration 
        is authorized to enter into guarantees not to exceed 
        $2,000,000,000, of which not more than $650,000,000 may be in 
        bonds approved pursuant to section 411(a)(3) of that Act.
            ``(5) The Administration is authorized to make grants or 
        enter cooperative agreements--
                    ``(A) for the Service Corps of Retired Executives 
                program authorized by section 8(b)(1), $4,500,000; and
                    ``(B) for activities of small business development 
                centers pursuant to section 21(c)(3)(G), not to exceed 
                $15,000,000, to remain available until expended.
    ``(o)(1) There are authorized to be appropriated to the 
Administration for fiscal year 1999 such sums as may be necessary to 
carry out this Act, including administrative expenses and necessary 
loan capital for disaster loans pursuant to section 7(b), and to carry 
out the Small Business Investment Act of 1958, including salaries and 
expenses of the Administration.
    ``(2) Notwithstanding paragraph (1), for fiscal year 1999--
            ``(A) no funds are authorized to be provided to carry out 
        the loan program authorized by section 7(a)(21) except by 
        transfer from another Federal department or agency to the 
        Administration, unless the program level authorized for general 
        business loans under subsection (n)(2)(A) is fully funded; and
            ``(B) the Administration may not approve loans on behalf of 
        the Administration or on behalf of any other department or 
        agency, by contract or otherwise, under terms and conditions 
        other than those specifically authorized under this Act or the 
        Small Business Investment Act of 1958, except that it may 
        approve loans under section 7(a)(21) of this Act in gross 
        amounts of not more than $1,250,000.
    ``(p) The following program levels are authorized for fiscal year 
2000:
            ``(1) For the programs authorized by this Act, the 
        Administration is authorized to make--
                    ``(A) $75,000,000 in technical assistance grants as 
                provided in section 7(m); and
                    ``(B) $60,000,000 in direct loans, as provided in 
                section 7(m).
            ``(2) For the programs authorized by this Act, the 
        Administration is authorized to make $19,040,000,000 in 
        deferred participation loans and other financings. Of such sum, 
        the Administration is authorized to make--
                    ``(A) $13,500,000,000 in general business loans as 
                provided in section 7(a);
                    ``(B) $4,500,000,000 in financings as provided in 
                section 7(a)(13) of this Act and section 504 of the 
                Small Business Investment Act of 1958;
                    ``(C) $1,000,000,000 in loans as provided in 
                section 7(a)(21); and
                    ``(D) $40,000,000 in loans as provided in section 
                7(m).
            ``(3) For the programs authorized by title III of the Small 
        Business Investment Act of 1958, the Administration is 
        authorized to make--

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