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H.R. 5333, Investing in All of America Act of 2023 — Bill (118th Congress)

Issuer
Congressional materials
Document type
405949 2024 04 17 House Committee On Small Business Unanimously Repo Att1
Date
2024-04-17
Case
405949 2024 04 17 House Committee On Small Business Unanimously Repo Att1

Summary

H. R. 5333, the Investing in All of America Act of 2023, as introduced in the House of Representatives in the 118th Congress on September 1, 2023 by Mr. Meuser for himself and Ms. Scholten and referred to the Committee on Small Business. The bill would amend section 303(b)(2) of the Small Business Investment Act of 1958 (15 U.S.C. 683(b)(2)) to exclude from the SBIC leverage limit certain amounts invested in smaller enterprises in low-income or rural areas and in small businesses in areas of critical technology. It caps the aggregate excluded amount at 50 percent of a company's private capital and adds an annual Consumer Price Index adjustment to the dollar amounts in subparagraphs (A) and (B). It also requires the Administrator of the Small Business Administration to report annually to the House and Senate small business committees on the exclusion's results.

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Cite this document

“H.R. 5333, Investing in All of America Act of 2023 — Bill (118th Congress).” Dated 2024-04-17. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-04-17-405949-2024-04-17-house-committee-on-small-business-unanimously-repo-att1/, SHA-256 03b1e15dac2c2314f0491b2c69f0f35682ec71b33f74add88cdfc50ca256db10.

Full text

                                                                                                                                                                         I




                                                                      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 in-
                                                                         vested in smaller enterprises located in rural or low-
                                                                         income areas and small businesses in critical technology
                                                                         areas, and for other purposes.

                                                                        1              Be it enacted by the Senate and House of Representa-
                                                                        2 tives of the United States of America in Congress assembled,
                                                                        3     SECTION 1. SHORT TITLE.

                                                                        4              This Act may be cited as the ‘‘Investing in All of
                                                                        5 America Act of 2023’’.




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                                                                                                                                 2
                                                                        1     SEC. 2. SBIC MAXIMUM LEVERAGE EXCLUSION.

                                                                        2              (a) IN GENERAL.—Section 303(b)(2) of the Small
                                                                        3 Business Investment Act of 1958 (15 U.S.C. 683(b)(2))
                                                                        4 is amended—
                                                                        5                       (1) in subparagraph (C)—
                                                                        6                                 (A) in the heading—
                                                                        7                                        (i) by inserting ‘‘OR                           RURAL’’   after
                                                                        8                                 ‘‘LOW-INCOME’’; and
                                                                        9                                        (ii) by inserting ‘‘OR CRITICAL TECH-
                                                                      10                                  NOLOGY             AREAS’’             after           ‘‘GEOGRAPHIC
                                                                      11                                  AREAS’’;

                                                                      12                                  (B) in clause (i)—
                                                                      13                                         (i) by inserting ‘‘or companies’’ after
                                                                      14                                  ‘‘of a company’’;
                                                                      15                                         (ii) by striking ‘‘subparagraph (A)’’
                                                                      16                                  and inserting ‘‘subparagraphs (A) and
                                                                      17                                  (B)’’;
                                                                      18                                         (iii) by striking ‘‘equity’’;
                                                                      19                                         (iv) by striking ‘‘the company in a
                                                                      20                                  smaller enterprise’’ and all that follows
                                                                      21                                  and inserting the following: ‘‘the company
                                                                      22                                  or companies in—
                                                                      23                                                  ‘‘(I) a smaller enterprise located
                                                                      24                                         in a low-income geographic area (as




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                                                                      25                                         defined in section 689 of this title) or
                                                                      26                                         in a rural area; or’’; and
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                                                                                                                                 3
                                                                        1                                        (v) by adding at the end the following
                                                                        2                                 new subclause:
                                                                        3                                                 ‘‘(II) a small business concern in
                                                                        4                                        an area of critical technology (as de-
                                                                        5                                        fined in section 4801 of title 10,
                                                                        6                                        United States Code) vital to maintain-
                                                                        7                                        ing the national security of the United
                                                                        8                                        States.’’;
                                                                        9                                 (C) by amending clause (ii) to read as fol-
                                                                      10                        lows:
                                                                      11                                         ‘‘(ii)          LIMITATION.—The                         aggregate
                                                                      12                                  amount excluded for a company or compa-
                                                                      13                                  nies under clause (i) from the calculation
                                                                      14                                  of the outstanding leverage of such com-
                                                                      15                                  pany or companies for the purposes of sub-
                                                                      16                                  paragraphs (A) and (B) may not exceed 50
                                                                      17                                  percent of the private capital of such com-
                                                                      18                                  pany or companies.’’; and
                                                                      19                                  (D) by striking clause (iii); and
                                                                      20                        (2) by adding at the end the following new sub-
                                                                      21               paragraphs:
                                                                      22                                  ‘‘(E) ANNUAL ADJUSTMENT.—The Admin-
                                                                      23                        istrator shall adjust the dollar amounts de-
                                                                      24                        scribed in subparagraphs (A) and (B)—



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                                                                                                                                 4
                                                                        1                                        ‘‘(i) on the date of the enactment of
                                                                        2                                 this subparagraph, by a percentage equal
                                                                        3                                 to the percentage (if any) by which the
                                                                        4                                 Consumer Price Index (all items; United
                                                                        5                                 States city average), as published by the
                                                                        6                                 Bureau of Labor Statistics, increased dur-
                                                                        7                                 ing the period beginning on the date of the
                                                                        8                                 most recent adjustment to each such dollar
                                                                        9                                 amount and the date of the enactment of
                                                                      10                                  this subparagraph; and
                                                                      11                                         ‘‘(ii) on the date that is one year after
                                                                      12                                  the date of the enactment of this subpara-
                                                                      13                                  graph, and annually thereafter, by a per-
                                                                      14                                  centage equal to the percentage (if any) by
                                                                      15                                  which the Consumer Price Index (all items;
                                                                      16                                  United States city average), as published
                                                                      17                                  by the Bureau of Labor Statistics, in-
                                                                      18                                  creased during the one-year period pre-
                                                                      19                                  ceding the date of the adjustment under
                                                                      20                                  this clause.’’.
                                                                      21               (b) REPORT.—Not later than June 30 of the first
                                                                      22 year beginning after the date of the enactment of this Act,
                                                                      23 and annually thereafter, the Administrator of the Small
                                                                      24 Business Administration shall submit to the Committee on



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                                                                      25 Small Business and Entrepreneurship of the Senate and


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                                                                                                                                 5
                                                                        1 the Committee on Small Business of the House of Rep-
                                                                        2 resentatives a report on the results of the exclusion under
                                                                        3 subparagraph (C) of section 303(b)(2) of the Small Busi-
                                                                        4 ness Investment Act of 1958 (15 U.S.C. 683(b)(2)), as
                                                                        5 amended by subsection (a), including the economic activity
                                                                        6 generated and jobs directly and indirectly created by the
                                                                        7 exclusion.
                                                                                                                                 Æ




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