H.R. 9347 — Introduced in House

I 117th CONGRESS 2d Session H. R. 9347 IN THE HOUSE OF REPRESENTATIVES November 17, 2022Ms. Velázquez (for herself and Mr. Phillips) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to modify requirements relating to certain employee-owned businesses, and for other purposes. 1. Short title This Act may be cited as the Main Street Employee Ownership 2.0 Act of 2022. 2. Prohibition of seller guarantees Section 7(a)(15)(B)(iv) of the Small Business Act (15 U.S.C. 636 (a)(15)(B)(iv)) is amended to read as follows: (iv) with respect to a loan made to a trust or to a cooperative in accordance with paragraph (35), a seller of the small business concern may remain involved as an officer, director, or key employee of the small business concern after a qualified employee trust or cooperative has acquired 100 percent of ownership of the small business concern. . 3. Prohibition of certain requirements relating to lending to qualified employee trusts and cooperatives Section 7(a)(15)(G) of the Small Business Act (15 U.S.C. 636 (a)(15)(G)) is amended to read as follows: (G) With respect to a loan made to a qualified employee trust under this paragraph or to a cooperative in accordance with paragraph (35), the Administrator— (i) may not require the qualified employee trust or cooperative to provide any mandatory equity to make the loan; (ii) may not require the qualified employee trust or cooperative to obtain from the Secretary of the Treasury a determination letter with respect to its status as a qualified employee trust or cooperative (as applicable); (iii) shall allow the qualified employee trust or cooperative to submit an opinion letter with respect to its status as a qualified employee trust or cooperative (as applicable); and (iv) may not require the qualified employee trust or cooperative to obtain or submit an additional valuation of the qualified employee trust or cooperative (as applicable) if the qualified employee trust or cooperative has already obtained a valuation from a third party pursuant to any Federal law. . 4. Prohibition of personal or entity guarantee requirement Section 7(a)(35) of the Small Business Act (15 U.S.C. 636(a)(35)) is amended by striking subparagraph (B) and replacing it with the following: (B) Authority (i) In general The Administrator shall guarantee loans made to a cooperative for the purpose described in paragraph (15). (ii) Prohibition on personal or entity guarantee The Administrator shall not require a cooperative to provide a personal guarantee or an entity guarantee for a loan under this subsection. . 5. Delegated authority for 7(a) Preferred Lenders Program loans to qualified employee trusts and cooperatives Section 5(b)(7) of the Small Business Act (15 U.S.C. 634(b)(7)) is amended by striking the period after liquidation and inserting the following: : Provided further, that the Administrator shall permit deferred participation loans (including those made by lenders participating in the program defined in section 7(a)(3)(iii)) guaranteed under paragraph (15) or (35) of section 7(a) to be processed under the lender’s delegated authority to make and close loans under this subsection;. 6. Cooperative eligibility for disaster assistance program Section 7(b) (15 U.S.C. 636(b)) is amended— (1) in paragraph (1)(A), by inserting , including to cooperatives as defined in subsection (a)(35)(A), after basis); (2) in paragraph (1)(B), by inserting (including a cooperative as defined in subsection (a)(35)(A)) after business concern; and (3) in paragraph (2), by inserting after small business concern the following: (including a cooperative as defined in subsection (a)(35)(A)).