,,ii #aacth ,,congress #b;d ,session ,s4 #bbhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #a1 #bjad ,mrs4 ,shaheen 7for herself1 ,ms4 ,stabenow1 ,mr4 ,levin1 ,mr4 ,begich1 and ,ms4 ,landrieu7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to help small businesses access capital and create jobs by reauthorizing the successful ,state ,small ,business ,credit ,initiative4 #a4 ,short title ,this ,act may be cited as the ,small ,business ,access to ,capital ,act of #bjad4 #b4 ,new ,tranches of capital for successful ,state programs ,section #cjjc of the ,small ,business ,jobs ,act of #bjaj 7#ab ,u4,s4,c4 #egjb7 is amended by adding at the end the following3 7d7 ,additional allocation and competitive awards 7#a7 ,definitions ,in this subsection-- 7,a7 the term eligible participating ,state means a participating ,state that has certified to the ,secretary that the ,state has expended1 transferred1 or obligated not less than #hj percent of the second #a_/c of the #bjaj allocation transferred to the ,state under subsection 7c77#a77;,a77iii72 and 7,b7 the term unused funds means-- 7i7 amounts made available to the ,secretary under clause 7i77,,ii7 or 7ii77,,ii7 of paragraph 7#b77;,e72 and 7ii7 amounts made available to the ,secretary under paragraph 7#d77;,b77ii74 7#b7 ,allocation for #bjaj participating ,states 7,a7 ,allocation ,of the amount made available under paragraph 7#f77;,d71 the ,secretary shall allocate a total of #ejj1jjj1jjj among eligible participating ,states in the same ratio as funds were allocated under the #bjaj allocation under subsection 7b77#a7 among participating ,states4 7,b7 ,application ,an eligible participating ,state desiring to receive funds allocated under this paragraph shall submit an application-- 7i7 not later than the later of-- 7,i7 ,june #cj1 #bjae2 or 7,,ii7 the date that is #f months after the date of enactment of the ,small ,business ,access to ,capital ,act of #bjad2 and 7ii7 in such manner and containing such information as the ,secretary may require4 7,c7 ,availability of allocated amount ,notwithstanding subsection 7c77#a71 after an eligible participating ,state approved by the ,secretary to receive an allocation under this paragraph has certified to the ,secretary that the eligible participating ,state has expended1 transferred1 or obligated not less than #hj percent of the last #a_/c of the #bjaj allocation to the eligible participating ,state1 the ,secretary shall transfer to the eligible participating ,state the funds allocated to the eligible participating ,state under this paragraph4 7,d7 ,use of transferred funds ,an eligible participating ,state may use funds transferred under this paragraph for any purpose authorized under subparagraph 7,a7 or 7,b7 of subsection 7c77#c74 7,e7 ,termination of availability of amounts 7i7 ,in general ,if an eligible participating ,state has not certified to the ,secretary that the ,state has expended1 transferred1 or obligated not less than #hj percent of the last #a_/c of the #bjaj allocation as of the date that is #b years after the date on which the ,secretary approves the eligible participating ,state to receive an allocation under this paragraph1 any amounts allocated to the eligible participating ,state under this paragraph-- 7,i7 may not be transferred to the eligible participating ,state under this paragraph2 and 7,,ii7 shall be available to the ,secretary to make awards under paragraph 7#d74 7ii7 ,other amounts ,effective on the date that is #b years after the date of enactment of the ,small ,business ,access to ,capital ,act of #bjad1 any amounts allocated under this paragraph to a participating ,state that1 as of such date1 is not an eligible participating ,state or to an eligible participating ,state that did not submit an application under subparagraph 7,b7 or was not approved by the ,secretary to receive an allocation under this paragraph-- 7,i7 may not be transferred to an eligible participating ,state under this paragraph2 and 7,,ii7 shall be available to the ,secretary to make awards under paragraph 7#d74 7#c7 ,competitive funding 7,a7 ,in general ,of the amount made available under paragraph 7#f77;,d71 the ,secretary may award1 on a competitive basis1 not more than a total of #a1jjj1jjj1jjj to participating ,states and consortiums of participating ,states for use for any purpose authorized under subparagraph 7,a7 or 7,b7 of subsection 7c77#c74 7,b7 ,application 7i7 ,in general ,a participating ,state or consortium of participating ,states desiring to receive an award under this paragraph shall submit an application-- 7,i7 not later than the date established by the ,secretary1 which shall be not later than the date that is #a year after the date of enactment of the ,small ,business ,access to ,capital ,act of #bjad2 and 7,,ii7 in such manner and containing such information as the ,secretary may require4 7ii7 ,number of applications ,a participating ,state may submit not more than #a application on behalf of the participating ,state and not more than #a application as part of a consortium of participating ,states4 7iii7 ,states that did not participate ,a ,state that is not a participating ,state may apply to the ,secretary for approval to be a participating ,state for purposes of this paragraph and paragraph 7#d71 in accordance with section #cjjd4 7,c7 ,factors ,in determining whether to make an award to a participating ,state or consortium of participating ,states under this paragraph1 the ,secretary shall consider-- 7i7 how the participating ,state or consortium of participating ,states plan to use amounts provided under the award under the approved ,state program to-- 7,i7 leverage private sector capital2 7,,ii7 create and retain jobs during the #b-year period beginning on the date of the award2 7,,iii7 serve businesses that have been incorporated or in operation for not more than #e years2 and 7,,iv7 serve low-or-moderate-income communities2 7ii7 the extent to which the participating ,state or consortium of participating ,states will establish or continue a robust self-evaluation of the activities of the participating ,state or consortium of participating ,states using amounts made available under this title2 7iii7 the extent to which the participating ,state or consortium of participating ,states will provide non-,federal funds in excess of the amount required under subparagraph 7,e72 and 7iv7 the extent to which the participating ,state expended1 obligated1 or transferred the #bjaj allocation to the ,state4 7,d7 ,award of funds 7i7 ,first tranche ,notwithstanding subsection 7c77#a71 and not later than #cj days after making an award under this paragraph to a participating ,state or consortium of participating ,states1 the ,secretary shall transfer #ej percent of the amount of the award to the participating ,state or consortium of participating ,states4 7ii7 ,second tranche ,after a participating ,state or consortium of participating ,states has certified to the ,secretary that the participating ,state or consortium of participating ,states has expended1 transferred1 or obligated not less than #hj percent of the amount transferred under clause 7i71 the ,secretary shall transfer to the participating ,state or consortium of participating ,states the remaining amount of the award4 7,e7 ,state share ,the ,state share of the cost of the activities1 excluding administrative expenses1 carried out using an award under this paragraph shall be not less than #aj percent4 ,the ,secretary may determine what contributions by a ,state qualify as part of the ,state share of the cost for purposes of this subparagraph4 7#d7 ,award of unused funds 7,a7 ,in general ,the ,secretary may award1 on a competitive basis1 unused funds to participating ,states for use for any purpose authorized under subparagraph 7,a7 or 7,b7 of subsection 7c77#c74 7,b7 ,unused #bjaj funds 7i7 ,in general ,the ,secretary shall determine whether any amounts allocated to a participating ,state under subsection 7b7 shall be deemed no longer allocated and no longer available if a participating ,state has not certified to the ,secretary that the ,state has expended1 transferred1 or obligated #hj percent of the second #a_/c of the #bjaj allocation by ,december #ca1 #bjaf4 7ii7 ,availability ,effective on the date of the determination under clause 7i71 any amounts identified in the determination that were deemed no longer allocated and no longer available to the participating ,state shall be available to the ,secretary to make awards under this paragraph4 7,c7 ,application ,a participating ,state desiring to receive an award under this paragraph shall submit an application-- 7i7 not later than #c months after the date on which funds are deemed no longer allocated and no longer available to any participating ,state2 and 7ii7 in such manner and containing such information as the ,secretary may require4 7,d7 ,factors ,in determining whether to make an award to a participating ,state under this paragraph1 the ,secretary shall consider the factors described in paragraph 7#c77;,c74 7,e7 ,minimum amount ,the ,secretary may not make an award of less than #e1jjj1jjj under this paragraph4 7#e7 ,extension of compliance and reporting ,notwithstanding section #cjjg7;d71 a participating ,state that receives funds under paragraph 7#b71 7#c71 or 7#d7 shall submit quarterly and annual reports containing the information described in section #cjjg until the end of the #h-year period beginning on the date of enactment of the ,small ,business ,access to ,capital ,act of #bjad4 7#f7 ,administration and implementation 7,a7 ,administrative expenses for participating ,states ,a participating ,state may use not more than #c percent of the amount made available to the participating ,state under paragraph 7#b71 7#c71 or 7#d7 for administrative expenses incurred by the participating ,state in implementing an approved ,state program4 7,b7 ,contracting ,during the #a-year period beginning on the date of enactment of the ,small ,business ,access to ,capital ,act of #bjad1 and notwithstanding any other provision of law relating to public contracting1 the ,secretary may enter into contracts to carry out this subsection4 7,c7 ,amounts not assistance ,any amounts transferred to a participating ,state under paragraph 7#b71 7#c71 or 7#d7 shall not be considered assistance for purposes of subtitle ,v of title #ca1 ,united ,states ,code4 7,d7 ,appropriation ,there are appropriated to the ,secretary1 out of any funds in the ,treasury not otherwise appropriated1 #a1ejj1jjj1jjj to carry out this subsection1 including to pay reasonable costs of administering the programs under this subsection1 to remain available until expended4 7,e7 ,termination of secretary's program administration functions ,the authorities and duties of the ,secretary to implement and administer the program under this subsection shall terminate at the end of the #h-year period beginning on the date of enactment of the ,small ,business ,access to ,capital ,act of #bjad4 4