,i  #aadth ,,congress  #b;d ,session    
,h4 ,r4 #efgb  ,,in ,,the ,,house ,,of  
,,representatives  ,july #g1 #bjaf,mr4  
,kildee 7for himself1 ,ms4 ,maxine      
,waters of ,california1 ,mr4 ,honda1 and
 ,mr4 ,langevin7 introduced the         
following bill2 which was referred to   
the ,committee on ,financial ,services  
,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 #bjaf4  #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 date that is #f months after   
the date of enactment of the ,small     
,business ,access to ,capital ,act of   
#bjaf2 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 #bjaf1 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   
#bjaf2 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 small         
businesses that have been incorporated  
or in operation for not more than #e    
years2  7,,iv7 serve low- or            
moderate-income communities2 and  7,v7  
serve minority- and women-owned small   
businesses2  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 #bjaf4  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 #bjaf1 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 #bjaf4  4  #c4 ,improvements to
 the ,state ,small ,business ,credit    
,initiative ,the ,state ,small ,business
 ,credit ,initiative ,act of #bjaj 7#ab 
,u4,s4,c4 #egja et seq47 is amended--   
7#a7 in section #cjjb1 by adding at the 
end the following3  7#ae7 ,depository   
institution ,the term depository        
institution means-- 7,a7 a depository   
institution1 as defined under section #c
 of the ,federal ,deposit ,insurance    
,act2 and  7,b7 a ,state credit union   
and a ,federal credit union1 as such    
terms are defined1 respectively1 under  
section #aja of the ,federal ,credit    
,union ,act4  7#af7 ,minority ,the term 
minority has the meaning given that term
 under section #abjd7;c7 of the         
,financial ,institutions ,reform1       
,recovery1 and ,enforcement ,act of     
#aihi4  7#ag7 ,minority-owned small     
business ,the term minority-owned small 
business means a small business with--  
7,a7 more than #ej percent of the       
ownership or control of which is held by

 one or more minority individuals2 and  
7,b7 more than #ej percent of the net   
profit or loss of which accrues to one  
or more minority individuals4  7#ah7    
,minority-owned depository institution  
,the term minority-owned depository     
institution means a depository          
institution1 if-- 7,a7 in the case of a 
privately owned institution1 #ea percent
 or more of such institution is owned by
 one or more socially and economically  
disadvantaged individuals2  7,b7 in the 
case of a publicly owned institution1   
#ea percent or more of the stock of such
 institution is owned by one or more    
socially and economically disadvantaged 
individuals2 and  7,c7 in the case of a 
mutual institution-- 7i7 the board of   
directors and account holders of such   
institution are predominantly minority2 
and  7ii7 the community which the       
institution services is predominantly   
minority4  7#ai7 ,women-owned small     
business ,the term women-owned small    
business means a small business with--  

7,a7 more than #ej percent of the       
ownership or control of which is held by
 one or more women2 and  7,b7 more than 
#ej percent of the net profit or loss of
 which accrues to one or more women4  2 
7#b7 in section #cjje7;e77#h7-- 7,a7 by 
striking 1 including and inserting and2 
and  7,b7 by adding at the end the      
following3 ,the ,secretary may not      
approve any ,state capital access       
program that fails to include a plan    
that promotes a fair share of the       
,federal contributions to be used to    
strengthen and increase economic        
opportunities for small businesses in   
low- and moderate-income1 minority1 and 
other underserved communities and women-
 and minority-owned small businesses42  
7#c7 in section #cjjf7;d7 is amended by 
adding at the end the following3  7#f7  
,the extent to which the ,state plans to
 use the ,federal contributions to      
provide access to capital for small     
businesses in low- and moderate-income1 
minority1 and other underserved         

communities and to women- and           
minority-owned small businesses1 and the
 extent to which resulting small        
business lending will expand economic   
opportunities for such communities and  
such businesses4  2  7#d7 in section    
#cjjg7;b7-- 7,a7 in paragraph 7#d71 by  
striking of each borrower that received 
such a new loan and inserting in which  
the borrower is headquartered and zip   
codes in which the borrower maintains   
significant operations2 and  7,b7 by    
adding at the end the following3  7#f7  
,the race1 ethnicity1 and sex of the    
principal owners of the borrowers and   
applicants1 the number of applications  
and the date on which each application  
was received1 the loan or type of       
investment being applied for1 and the   
number of loans or applications that    
were approved and the date of such      
approval4 ,in compiling and reporting   
the information required under this     
paragraph1 a ,state may modify data     
which is or will be available to the    

public1 if the ,state determines that   
the deletion or modification of the data
 is necessary to protect the privacy    
interest of the borrower or applicant4  
7#g7 ,a summary of the extent to which  
the approved ,state program increased   
economic opportunities for small        
businesses in low- and moderate-income1 
minority1 and other underserved         
communities and women- and              
minority-owned small businesses1        
consistent with the plan delivered by   
the ,state pursuant to section          
#cjje7;e77#h74  7#h7 ,the number of     
loans or investments by program type    
made by minority-owned depository       
institutions4  2  7#e7 in section       
#cjji7;a7--  7,a7 by amending paragraph 
7#a7 to read as follows3  7#a7 consult  
with the ,director of the ,office of    
,minority and ,women ,inclusion of the  
,departmental ,offices of the           
,department of the ,treasury1 the       
,administrator of the ,small ,business  
,administration1 and the head of each of

 the appropriate ,federal banking       
agencies 7who shall each consult with   
the ,director of the ,office of         
,minority and ,women ,inclusion of their
 agency71 on the administration of the  
,program2  2 and  7,b7 in paragraph     
7#e71 by inserting after performance1   
the following3 efforts to expand        
economic opportunity for minority- and  
women-owned small businesses12 and  7#f7
 in section #cjaj--  7,a7 by inserting  
after in consultation with the          
following3 the ,director of the ,office 
of ,minority and ,women ,inclusion of   
the ,departmental ,offices of the       
,department of the ,treasury and2 and   
7,b7 by adding at the end the following3
 ,in issuing such regulations the       
,secretary shall seek public input from 
community1 civil rights1 consumer       
advocates1 small business advocates1 and
 other interested or affected parties44