Investing in All of America Act of 2023
This bill modifies the limit on the amount of financing available to a Small Business Investment Company (SBIC) from the Small Business Administration (SBA). It also expands the definition of private capital with respect to SBICs.
Specifically, the bill reduces the maximum outstanding financing available to an SBIC from 300% to 200% of the SBIC's private capital. The bill also includes in the amounts that may be excluded from the calculation of the financing limit the amounts an SBIC invests in small businesses in rural areas or areas of critical technology. The bill revises the cap on such excluded amounts to the lesser of $125 million or the aggregate of 50% of the private capital of the SBIC. The bill indexes the limit to inflation.
Additionally, the bill expands what is considered the private capital of an SBIC to include funds obtained from the business revenue of additional government-sponsored corporations and funds invested in the trust or endowment of a college or university.
The SBA must report annually on the economic activity and jobs directly and indirectly resulting from the exclusion.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5333 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5333
To amend the Small Business Investment Act of 1958 to exclude from the
limit on leverage certain amounts invested in smaller enterprises
located in rural or low-income areas and small businesses in critical
technology areas, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 1, 2023
Mr. Meuser (for himself and Ms. Scholten) introduced the following
bill; which was referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Investment Act of 1958 to exclude from the
limit on leverage certain amounts invested in smaller enterprises
located in rural or low-income areas and small businesses in critical
technology areas, 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 ``Investing in All of America Act of
2023''.
SEC. 2. SBIC MAXIMUM LEVERAGE EXCLUSION.
(a) In General.--Section 303(b)(2) of the Small Business Investment
Act of 1958 (15 U.S.C. 683(b)(2)) is amended--
(1) in subparagraph (C)--
(A) in the heading--
(i) by inserting ``or rural'' after ``low-
income''; and
(ii) by inserting ``or critical technology
areas'' after ``geographic areas'';
(B) in clause (i)--
(i) by inserting ``or companies'' after
``of a company'';
(ii) by striking ``subparagraph (A)'' and
inserting ``subparagraphs (A) and (B)'';
(iii) by striking ``equity'';
(iv) by striking ``the company in a smaller
enterprise'' and all that follows and inserting
the following: ``the company or companies in--
``(I) a smaller enterprise located
in a low-income geographic area (as
defined in section 689 of this title)
or in a rural area; or''; and
(v) by adding at the end the following new
subclause:
``(II) a small business concern in
an area of critical technology (as
defined in section 4801 of title 10,
United States Code) vital to
maintaining the national security of
the United States.'';
(C) by amending clause (ii) to read as follows:
``(ii) Limitation.--The aggregate amount
excluded for a company or companies under
clause (i) from the calculation of the
outstanding leverage of such company or
companies for the purposes of subparagraphs (A)
and (B) may not exceed 50 percent of the
private capital of such company or
companies.''; and
(D) by striking clause (iii); and
(2) by adding at the end the following new subparagraphs:
``(E) Annual adjustment.--The Administrator shall
adjust the dollar amounts described in subparagraphs
(A) and (B)--
``(i) on the date of the enactment of this
subparagraph, by a percentage equal to the
percentage (if any) by which the Consumer Price
Index (all items; United States city average),
as published by the Bureau of Labor Statistics,
increased during the period beginning on the
date of the most recent adjustment to each such
dollar amount and the date of the enactment of
this subparagraph; and
``(ii) on the date that is one year after
the date of the enactment of this subparagraph,
and annually thereafter, by a percentage equal
to the percentage (if any) by which the
Consumer Price Index (all items; United States
city average), as published by the Bureau of
Labor Statistics, increased during the one-year
period preceding the date of the adjustment
under this clause.''.
(b) Report.--Not later than June 30 of the first year beginning
after the date of the enactment of this Act, and annually thereafter,
the Administrator of the Small Business Administration shall submit to
the Committee on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of Representatives a
report on the results of the exclusion under subparagraph (C) of
section 303(b)(2) of the Small Business Investment Act of 1958 (15
U.S.C. 683(b)(2)), as amended by subsection (a), including the economic
activity generated and jobs directly and indirectly created by the
exclusion.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 23 - 0.
Reported (Amended) by the Committee on Small Business. H. Rept. 118-469.
Reported (Amended) by the Committee on Small Business. H. Rept. 118-469.
Placed on the Union Calendar, Calendar No. 388.
Mr. Williams (TX) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H2639-2642)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5333.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2640)
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On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2640)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.