A Primer On Programs and Funding
A Primer On Programs and Funding
A Primer On Programs and Funding
Summary
The Small Business Administration (SBA) administers several types of programs to support small
businesses, including loan guaranty and venture capital programs to enhance small business
access to capital; contracting programs to increase small business opportunities in federal
contracting; direct loan programs for businesses, homeowners, and renters to assist their recovery
from natural disasters; and small business management and technical assistance training programs
to assist business formation and expansion.
Congressional interest in the SBAs loan, venture capital, training, and contracting programs has
increased in recent years, primarily because small businesses are viewed as a means to stimulate
economic activity, create jobs, and assist in the national economic recovery. Many Members of
Congress also regularly receive constituent inquiries about the SBAs programs.
This report provides an overview of the SBAs business loan guaranty programs (including the
7(a) loan guaranty program, the 504/Certified Development Company (CDC) program,
International Trade and Export Promotion Loan programs, and the Microloan program); venture
capital programs (including the Small Business Investment Company program and the New
Markets Venture Capital program); entrepreneurial development programs (including Small
Business Development Centers, Womens Business Centers, and SCORE); government
contracting and business development programs (including the 8(a) Minority Small Business and
Capital Ownership Development Program, the Historically Underutilized Business Zones
(HUBZones) program, the Service-Disabled Veteran-Owned Small Business Program, and the
Women-Owned Small Business (WOSB) Federal Contract program); and capital access programs
(including the Surety Bond Guarantee Program).
The report also discusses programmatic changes resulting from the enactment of P.L. 111-5, the
American Recovery and Reinvestment Act of 2009, P.L. 111-240, the Small Business Jobs Act of
2010, P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013, P.L. 114-38, the
Veterans Entrepreneurship Act of 2015, P.L. 114-88, the Recovery Improvements for Small
Entities After Disaster Act of 2015 (RISE After Disaster Act of 2015), P.L. 114-92, the National
Defense Authorization Act for Fiscal Year 2016, and P.L. 114-113, the Consolidated
Appropriations Act, 2016. In addition, it provides an overview of the SBAs budget and
references other CRS reports that examine these programs in greater detail.
Contents
Introduction ..................................................................................................................................... 1
Disaster Loans ................................................................................................................................. 3
Overview ................................................................................................................................... 3
Types of Disaster Loans ............................................................................................................ 3
Disaster Loans to Homeowners, Renters, and Personal Property Owners ......................... 3
Disaster Loans to Businesses and Nonprofit Organizations ............................................... 4
Capital Access Programs ................................................................................................................. 5
Overview ................................................................................................................................... 5
What Is a Business? ............................................................................................................ 6
What Is Small? .................................................................................................................... 6
Loan Guarantees........................................................................................................................ 7
Overview ............................................................................................................................. 7
7(a) Loan Guaranty Program .............................................................................................. 9
The 504/CDC Loan Guaranty Program ............................................................................ 12
International Trade and Export Promotion Programs ....................................................... 13
The Microloan Program .................................................................................................... 14
Surety Bond Guarantee Program............................................................................................. 15
Entrepreneurial Development Programs ....................................................................................... 15
Small Business Contracting Programs .......................................................................................... 16
Prime Contracting Programs ................................................................................................... 16
Subcontracting Programs for Small Disadvantaged Businesses ............................................. 18
Goaling Program ..................................................................................................................... 18
Office of Small and Disadvantaged Business Utilization ....................................................... 20
Regional and District Offices ........................................................................................................ 21
Office of Inspector General ........................................................................................................... 21
Capital Investment Programs ........................................................................................................ 22
The Small Business Investment Company Program ............................................................... 22
New Market Venture Capital Program .................................................................................... 23
Small Business Innovation Research Program........................................................................ 24
Small Business Technology Transfer Program ....................................................................... 25
Office of Advocacy........................................................................................................................ 25
Executive Direction Programs ....................................................................................................... 26
The National Womens Business Council ............................................................................... 26
Office of Ombudsman ............................................................................................................. 26
BusinessUSA........................................................................................................................... 26
Legislative Activity ....................................................................................................................... 27
Appropriations ............................................................................................................................... 30
Tables
Table 1. Major SBA Program Areas, Estimated Program Costs, FY2015....................................... 2
Table 2. SBA Business Loan Subsidies, Authorized Amounts, FY2010-FY2016 .......................... 8
Table 3. Summary of the 7(a) Loan Guaranty Programs Key Features ......................................... 9
Table 4. Summary of the 504/CDC Loan Guaranty Programs Key Features ............................... 12
Table 5. Summary of the Microloan Programs Key Features ...................................................... 14
Table 6. Federal Contracting Goals and Percentage of FY2014 Federal Contract Dollars
Awarded to Small Businesses, by Type ...................................................................................... 20
Table 7. Summary of Small Business Investment Company Programs Key Features ................. 23
Table 8. SBA Appropriations, FY2014-FY2016 ........................................................................... 30
Contacts
Author Contact Information .......................................................................................................... 30
Acknowledgments ......................................................................................................................... 31
Introduction
Established in 1953, the Small Business Administrations (SBAs) origins can be traced to the
Great Depression of the 1930s and World War II, when concerns about unemployment and war
production were paramount. The SBA assumed some of the functions of the Reconstruction
Finance Corporation (RFC), which had been created by the federal government in 1932 to
provide funding for businesses of all sizes during the Depression and later financed war
production. During the early 1950s, the RFC was disbanded following charges of political
favoritism in the granting of loans and contracts.1
In 1953, Congress passed the Small Business Act (P.L. 83-163), which authorized the SBA. The
act specifies that the SBAs mission is to promote the interests of small businesses to enhance
competition in the private marketplace:
It is the declared policy of the Congress that the Government should aid, counsel, assist,
and protect, insofar as is possible, the interests of small-business concerns in order to
preserve free competitive enterprise, to insure that a fair proportion of the total purchases
and contracts or subcontracts for property and services for the Government (including but
not limited to contracts or subcontracts for maintenance, repair, and construction) be
placed with small-business enterprises, to insure that a fair proportion of the total sales of
Government property be made to such enterprises, and to maintain and strengthen the
overall economy of the Nation.2
The SBA currently administers several types of programs to support small businesses, including
loan guaranty and venture capital programs to enhance small business access to capital;
contracting programs to increase small business opportunities in federal contracting; direct loan
programs for businesses, homeowners, and renters to assist their recovery from natural disasters;
and small business management and technical assistance training programs to assist business
formation and expansion. Congressional interest in these programs has increased in recent years,
primarily because small businesses are viewed as a means to stimulate economic activity, create
jobs, and assist in the national economic recovery. Many Members of Congress also regularly
receive constituent inquiries about the SBAs programs.
This report provides an overview of the SBAs programs and funding. It also references other
CRS reports that examine the SBAs programs in greater detail.3
The SBAs FY2016 congressional budget justification document includes funding and program
costs for the following programs and offices:
1. disaster assistance;
Estimated Costs
$244.00
$204.38
$197.43
$95.26
$47.71
$24.94
$24.56
Office of Advocacy
$12.12
$3.28
$853.68
Source: U.S. Small Business Administration, FY2016 Congressional Budget Justification and FY2014 Annual
Performance Report, pp. 26-28, at https://www.sba.gov/sites/default/files/1FY%202016%20CBJ%20FY%202014%20APR.PDF.
Notes: Program costs often differ from new budget authority provided in annual appropriations acts because
the SBA has specified authority to carry over appropriations from previous fiscal years. The SBA also has limited,
specified authority to shift appropriations among various programs.
Disaster Loans
Overview4
SBA disaster assistance is provided in the form of loans, not grants, which must be repaid to the
federal government. The SBAs disaster loans are unique in two respects: they are the only loans
made by the SBA that (1) go directly to the ultimate borrower and (2) are not limited to small
businesses.5
SBA disaster loans are available to individuals, businesses, and nonprofit organizations in
declared disaster areas.6 About 80% of the SBAs direct disaster loans are issued to individuals
and households (renters and property owners) to repair and replace homes and personal property.
In recent years, the SBA Disaster Loan Programs has been the subject of regular congressional
and media attention because of concerns expressed about the time it takes the SBA to process
disaster loan applications.
For additional information and analysis, see CRS Report R41309, The SBA Disaster Loan Program: Overview and
Possible Issues for Congress, by Bruce R. Lindsay.
5
13 C.F.R. 123.200.
6
13 C.F.R. 123.105 and 13 123.203.
7
The SBA also offers military reservist economic injury disaster loans. These loans are available when economic
injury is incurred as a direct result of a business owner or an essential employee being called to active duty. Generally,
these loans are not associated with disasters. See CRS Report R42695, SBA Veterans Assistance Programs: An
Analysis of Contemporary Issues, by Robert Jay Dilger and Sean Lowry.
8
13 C.F.R. 123.2.
9
P.L. 93-288, Disaster Relief Act Amendments; and 42 U.S.C. 5721 et seq.
10
Disaster declarations are published in the Federal Register and can also be found on the SBA website at
https://www.sba.gov/content/current-disaster-declarations.
maximum 7-year term. The SBA sets the installment payment amount and corresponding
maturity based upon each borrowers ability to repay.
13 C.F.R. 123.105(a)(1).
13 C.F.R. 123.105(a)(2). For mitigation measures implemented after a disaster has occurred to protect the damaged
property from a similar disaster in the future, a homeowner can request that the approved loan amount be increased by
the lesser of the cost of the mitigation measure or up to 20% of the verified loss (before deducting compensation from
other sources), to a maximum of $200,000. 13 C.F.R. 127.
13
13 C.F.R. 123.203.
12
See 13 C.F.R. 123.300 for eligibility requirements. Size standards vary according to a variety of factors, including
industry type, average firm size, and start-up costs and entry barriers. Size standards can be located in 13 C.F.R. 121.
For further information and analysis, see CRS Report R40860, Small Business Size Standards: A Historical Analysis of
Contemporary Issues, by Robert Jay Dilger.
15
13 C.F.R. 123.302.
16
For further information and analysis concerning FEMAs Pre-Disaster Mitigation Program see CRS Report
RL34537, FEMAs Pre-Disaster Mitigation Program: Overview and Issues, by Francis X. McCarthy.
17
13 C.F.R. 123.403(a).
18
13 C.F.R. 123.406.
19
Prior to October 1, 1985, the SBA provided direct business loans to qualified small businesses. From October 1,
1985, to September 30, 1994, SBA direct business loan eligibility was limited to qualified small businesses owned by
individuals with low incomes or located in areas of high unemployment, owned by Vietnam-era or disabled veterans,
owned by the handicapped or certain organizations employing them, and certified under the minority small business
capital ownership development program. Microloan program intermediaries were also eligible. On October 1, 1994,
SBA direct loan eligibility was limited to Microloan program intermediaries and small businesses owned by the
handicapped. Funding to support direct loans to the handicapped through the Handicapped Assistance (renamed the
Disabled Assistance) Loan program ended in 1996. The last loan under the Disabled Assistance Loan program was
issued in FY1998. See U.S. Congress, House Committee on Small Business, Summary of Activities, 105rd Cong., 2nd
sess., January 2, 1999, H.Rept. 105-849 (Washington: GPO, 1999), p. 8.
20
U.S. Congress, Senate Committee on Small Business, Hearing on the Proposed Fiscal Year 1995 Budget for the
Small Business Administration, 103rd Cong., 2nd sess., February 22, 1994, S. Hrg. 103-583 (Washington: GPO, 1994),
p. 20.
direct loans, the SBA guarantees loans issued by approved lenders to encourage those lenders to
provide loans to small businesses that might not otherwise obtain financing on reasonable terms
and conditions.21 With few exceptions, to qualify for SBA assistance, an organization must be
both a business and small.22
What Is a Business?
To participate in any of the SBA programs, a business must meet the SBAs definition of small
business. This is a business that
The business may be a sole proprietorship, partnership, corporation, or any other legal form.
What Is Small?24
The SBA uses two measures to determine if a business is small: SBA-derived industry specific
size standards or a combination of the businesss net worth and net income. For example,
businesses participating in the SBAs 7(a) loan guaranty program are deemed small if they either
meet the SBAs industry-specific size standards for firms in 1,047 industrial classifications in 18
sub-industry activities described in the North American Industry Classification System (NAICS)
or do not have more than $15 million in tangible net worth and not more than $5 million in
average net income after federal taxes (excluding any carryover losses) for the two full fiscal
years before the date of the application. All of the companys subsidiaries, parent companies, and
affiliates are considered in determining if it meets the size standard.25
The SBAs industry size standards vary by industry, are designed to encourage competition within
the industry, and are based on one of the following four measures: the firms (1) average annual
receipts in the previous three years, (2) number of employees, (3) asset size, or (4) for refineries,
a combination of number of employees and barrel per day refining capacity. Historically, the SBA
has used the number of employees to determine if manufacturing and mining companies are small
and average annual receipts for most other industries.
As a starting point, the SBA presumes $7.0 million in average annual receipts in the previous
three years to be an appropriate size standard for the services, retail trade, construction, and other
21
industries with receipts-based size standards. It considers 500 employees to be an appropriate size
for the manufacturing, mining, and other industries with employee-based size standards and 100
employees to be appropriate for the wholesale trade industries. These three levels, referred to as
anchor size standards, are used by the SBA as benchmarks or starting points when establishing its
size standards. To the extent an industry displays differing industry characteristics necessary to
enable small businesses to compete successfully with larger businesses within that industry, the
SBA will consider a size standard higher, or in some cases lower, than an anchor size standard.26
Overall, about 98% of all businesses are considered small by the SBA.27 These firms represent
about 30% of industry receipts.
Loan Guarantees
Overview
The SBA provides loan guarantees for small businesses that cannot obtain credit elsewhere. Its
largest loan guaranty programs are the 7(a) loan guaranty program, the 504/CDC loan guaranty
program, international trade and export promotion loans, and the Microloan program.
The SBAs loan guaranty programs require personal guarantees from borrowers and share the risk
of default with lenders by making the guaranty less than 100%. In the event of a default, the
borrower owes the amount contracted less the value of any collateral liquidated. The SBA can
attempt to recover the unpaid debt through administrative offset, salary offset, or IRS tax refund
offset. Most types of businesses are eligible for loan guarantees, but a few are not. A list of
ineligible businesses (such as insurance companies, real estate investment firms, firms involved in
financial speculation or pyramid sales, and businesses involved in illegal activities) is contained
in 13 C.F.R. Section 120.110.28 With one exception, nonprofit and charitable organizations are
also ineligible.29
As shown in the following tables, most of these programs charge fees to help offset program
costs, including costs related to loan defaults. In most instances, the fees are set in statute. For
example, for 7(a) loans with a maturity exceeding 12 months, the SBA is authorized to charge
lenders an up-front guaranty fee of up to 2% for the SBA guaranteed portion of loans of $150,000
or less, up to 3% for the SBA guaranteed portion of loans exceeding $150,000 but not more than
$700,000, and up to 3.5% for the SBA guaranteed portion of loans exceeding $700,000. Lenders
with a 7(a) loan that has a SBA guaranteed portion in excess of $1 million can be charged an
additional fee not to exceed 0.25% of the guaranteed amount in excess of $1 million. These loans
are also subject to an ongoing servicing fee not to exceed 0.55% of the outstanding balance of the
26
SBA, Office of Government Contracting and Business Development, SBA Size Standards Methodology, April
2009, pp. 1-8, at https://www.sba.gov/sites/default/files/size_standards_methodology.pdf.
27
SBA, Table of Small Business Size Standards Matched to North American Industry Classification System Codes,
at https://www.sba.gov/content/small-business-size-standards; and SBA, SBAs Size Standards Analysis: An
Overview on Methodology and Comprehensive Size Standards Review, power point presentation, Khem R. Sharma,
SBA Office of Size Standards, July 13, 2011, p. 4, at http://www.gtscoalition.com/wp-content/uploads/2011/07/SizeStds-Presentation_Dr.-Sharma-SBA.pdf.
28
Title 13 of the Code of Federal Regulations can be viewed at http://www.gpo.gov/fdsys/pkg/CFR-2013-title13-vol1/
pdf/CFR-2013-title13-vol1-chapI.pdf.
29
P.L. 105-135, the Small Business Reauthorization Act of 1997, expanded the SBAs Microloan programs eligibility
to include borrowers establishing a nonprofit child care business.
guaranteed portion of the loan.30 In addition, lenders are authorized to collect fees from borrowers
to offset their administrative expenses.
In an effort to assist small business owners, the SBA has
waived its annual service fee and up-front, one-time guaranty fee for all 7(a)
loans of $150,000 or less approved in FY2014, FY2015, and FY2016;
reduced its annual service fee for all other 7(a) loans from 0.55% in FY2013 to
0.52% in FY2014, 0.519% in FY2015, and 0.473% in FY2016;
waived its up-front, one-time guaranty fee for all veteran loans under the 7(a)
SBAExpress program (up to $350,000) from January 1, 2014, through the end of
FY2015;31 and
waived 50% of the up-front, one-time guaranty fee on all non-SBAExpress 7(a)
loans (of $150,001 up to and including $5 million) for veterans in FY2015 and
FY2016.
P.L. 114-38, the Veterans Entrepreneurship Act of 2015, made the SBAExpress programs veteran
fee waiver permanent, except during any upcoming fiscal year for which the Presidents budget,
submitted to Congress, includes a cost for the 7(a) program, in its entirety, that is above zero.
The SBAs goal is to achieve a zero subsidy rate, meaning that the appropriation of budget
authority for new loan guaranties is not required. As shown in Table 2, the SBAs fees and
proceeds from loan liquidations do not always generate sufficient revenue to cover loan losses,
resulting in the need for additional appropriations to account for the shortfall. However, due to
the continued improvement in performance in the loan portfolio, the SBA has not requested
funding for credit subsidies for the 7(a) and 504/CDC loan guaranty programs in FY2016.32
Table 2. SBA Business Loan Subsidies, Authorized Amounts, FY2010-FY2016
($ in millions)
Fiscal Year
7(a) Loan
Guaranty
Program
504/CDC Loan
Guaranty
Program
Microloan
Program
2010
$80.00
$0.00
$3.00
$83.00
2011a
$79.84
$0.00
$2.99
$82.83
2012
$139.40
$67.70
$3.68
$210.78
2013b
$218.38
$97.87
$3.49
$319.74
2014
$0.00
$107.00
$4.60
$111.60
2015
$0.00
$45.00
$2.50
$47.50
2016
$0.00
$0.00
$3.34
$3.34
Total Subsidy
30
15 U.S.C. 636(a)(23)(a).
The small business must be owned and controlled (51%+) by one or more of the following groups: veteran; active
duty military in the Transition Assistance Program; reservist or National Guard member; a spouse of any of these
groups; or a widowed spouse of a servicemember or veteran who died during service or of a service-connected
disability. P.L. 113-235, the Consolidated and Further Continuing Appropriations Act, 2015, provided statutory
authorization to waive the 7(a) SBAExpress programs guarantee fee for veterans (and their spouses) in FY2015.
32
U.S. Small Business Administration, FY2016 Congressional Budget Justification and FY2014 Annual Performance
Report, p. 6, at https://www.sba.gov/sites/default/files/1-FY%202016%20CBJ%20FY%202014%20APR.PDF.
31
Sources: SBA, Congressional Budget Justification (Summary of Credit Programs & Revolving Fund), various years,
at https://www.sba.gov/about-sba/sba-performance/performance-budget-finances/congressional-budgetjustificationannual-performance-reports; P.L. 111-117, the Consolidated Appropriations Act, 2010; P.L. 112-10,
the Department of Defense and Full-Year Continuing Appropriations Act, 2011; P.L. 112-74, the Consolidated
Appropriations Act, 2012; P.L. 112-175, the Continuing Appropriations Resolution, 2013; SBA, General
Statement Regarding the Implications of Sequestration; P.L. 113-76, the Consolidated Appropriations Act, 2014;
P.L. 113-235, the Consolidated and Further Continuing Appropriations Act, 2015; and P.L. 114-113, the
Consolidated Appropriations Act, 2016.
a. In FY2011, there was a 0.2% across-the-board rescission. Before the rescission, the authorized subsidy
amounts were $80.0 million for the 7(a) program, $0.0 for the 504/ Certified Development Companies
(CDC) program, and $3.0 million for the Microloan program.
b. In FY2013, there was a 0.2% across-the-board rescission and sequestration. Before these reductions, the
authorized subsidy amounts were $225.5 million for the 7(a) program, $108.1 million for the 504/CDC
program, $3.678 million for the Microloan program, and $337.278 million total.
Program Summary
Use of Proceeds
$5 million.
Maturity
5 years to 7 years for working capital, up to 25 years for equipment and real estate. All
other loan purposes have a maximum term of 10 years.
Base rate plus 2.25% for maturities of fewer than 7 years. Base rate plus 2.75% for
maturities of 7 years or longer. Loans of $50,000 or less may add an additional 1% and
loans under $25,000 may add an additional 2%. There is a prepayment penalty for loans
with maturities of 15 years or more if prepaid during the first 3 years.
33
For further information and analysis, see CRS Report R41146, Small Business Administration 7(a) Loan Guaranty
Program, by Robert Jay Dilger.
Key Feature
Program Summary
Guaranty Fees
For loans with a maturity of 12 months or less, the SBA normally charges an up-front
guaranty fee of 0.25% of the guaranteed portion of the loan (0% for loans of $150,000 or
less in FY2016). For loans with maturities of more than 12 months, the SBA is authorized
to charge an up-front guaranty fee of: up to 2% for loans of $150,000 or less (0% in
FY2016); up to 3% for loans of $150,001 to $700,000; up to 3.5% for loans of more than
$700,000; and up to 3.75% for the guaranty portion over $1 million. The SBA is also
allowed to charge an ongoing, annual servicing fee of up to 0.55% (0% for loans of
$150,000 or less; 0.473% for loans of more than $150,000 in FY2016).
For FY2016, the SBA is not charging an up-front guaranty fee or an annual servicing fee
for 7(a) loans in the amount of $150,000 or less; the up-front, one-time loan guaranty fee
for all veteran loans under the 7(a) SBAExpress program (for loans of up to $350,000), or
50% of the up-front loan guaranty fee on veteran non-SBAExpress 7(a) loans (for loans of
$150,001 up to and including $5 million).
Job Creation
As mentioned previously, in FY2016, the SBA is not charging the up-front loan guaranty fee and
ongoing servicing fee for 7(a) loans of $150,000 or less; the up-front, one-time loan guaranty fee
for all veteran loans under the 7(a) SBAExpress program (for loans up to and including
$350,000), or 50% of the up-front loan guaranty fee on veteran non-SBAExpress 7(a) loans (for
loans of $150,001 up to and including $5 million).34 Lenders are permitted to charge borrowers
fees to recoup specified expenses. Because the SBAs fees on loans of $150,000 or less are zero,
lenders are prohibited from charging borrowers a guaranty fee on those loans.35
Variable-rate loans can be pegged to either the prime rate or the SBA optional peg rate, which is a
weighted average of rates that the federal government pays for loans with maturities similar to the
guaranteed loan. The spread over the prime rate or SBA optional peg rate is negotiable between
the borrower and the lender, but no more than 6%. The adjustment period can be no more than
monthly and cannot change over the life of the loan.
34
SBA, SBA Information Notice: 7(a) and 504 Fees Effective October 1, 2014, at https://www.sba.gov/sites/default/
files/lender_notices/5000-1318.pdf; and SBA, SBA Information Notice: 7(a) and 504 Fees Effective on October 1,
2015, September 28, 2015, at https://www.sba.gov/sites/default/files/lender_notices/5000-1352.pdf.
35
Ibid.
10
The SBAs Small Loan Advantage program (for loans of $350,000 or less) also exists, but it is
currently being used as the 7(a) programs model for processing loans of $350,000 or less and
exists as a separate, specialized program in name only.
The SBAExpress program was established as a pilot program by the SBA on February 27, 1995,
and made permanent through legislation, subject to reauthorization, in 2004 (P.L. 108-447, the
Consolidated Appropriations Act, 2005). The program is designed to increase the availability of
credit to small businesses by permitting lenders to use their existing documentation and
procedures in return for receiving a reduced SBA guarantee on loans. It provides a 50% loan
guarantee on loan amounts of $350,000 or less.36 The loan proceeds can be used for the same
purposes as the 7(a) program, except participant debt restructuring cannot exceed 50% of the
project and may be used for revolving credit. The programs fees and loan terms are the same as
the 7(a) program, except the term for a revolving line of credit cannot exceed seven years.37
As mentioned previously, the SBA is not charging an up-front guaranty fee or an annual servicing
fee for 7(a) loans in the amount of $150,000 or less; the up-front, one-time loan guaranty fee for
all veteran loans under the SBAExpress program; or 50% of the up-front loan guaranty fee on
veteran non-SBAExpress 7(a) loans (for loans of $150,001 up to and including $5 million).38
36
P.L. 111-240, the Small Business Jobs Act of 2010, temporarily increased the SBAExpress programs loan limit to
$1 million for one year following enactment (through September 26, 2011).
37
On November 8, 2013, the SBA announced it was waiving the up-front, one-time loan guaranty fee for all veteran
loans under the SBAExpress program (up to $350,000) from January 1, 2014, through the end of FY2014. The SBA
announced that the fee waiver was part of SBAs broader efforts to make sure that veterans have the tools they need to
start and grow a business. See SBA, SBA Announces New Measures to Help Get Small Business Loans Into the
Hands of Veterans, November 8, 2013, at https://www.sba.gov/content/sba-announces-new-measures-help-get-smallbusiness-loans-hands-veterans.
38
SBA, SBA Will Continue to Zero Out Fees on Small Dollar Loans, Expands Relief for Larger Loans to Vets,
October 1, 2014, at https://www.sba.gov/content/sba-will-continue-zero-out-fees-small-dollar-loans-expands-relieflarger-loans-vets; and SBA, SBA Information Notice: SBA Veterans Advantage: Renewal of Fee Relief for Certain
Loans, September 30, 2015, at https://www.sba.gov/sites/default/files/lender_notices/5000-1354.pdf.
11
business loan and investment revolving fund. Since 1989, loans for pollution control have been
guaranteed under the 7(a) loan guaranty program.
CAPLines. CAPLines are five special 7(a) loan guaranty programs designed to meet the
requirements of small businesses for short-term or cyclical working capital. The maximum term
is five years.
Program Summary
Use of Proceeds
Maximum 504/CDC participation in a single project is $5 million and $5.5 million for
manufacturers; minimum is $50,000. There is no limit on the project size.
Maturity
10 years for equipment; 20 years for real estate. Unguaranteed financing may have a
shorter term.
Fixed rate is established when the debenture backing the loan is sold and is based on the
current market rate for 5-year and 10-year Treasury bonds.
Participation
Requirements
504/CDC projects generally have three main participants: a third-party lender provides
50% or more of the financing; a CDC provides up to 40% of the financing through a
504/CDC debenture, which is guaranteed 100% by the SBA; and the borrower
contributes at least 10% of the financing. For good cause shown, the SBA may authorize
an increase in the CDCs percentage of project costs covered up to 50%. No more than
50% of eligible costs can be from federal sources.
39
For further information and analysis, see CRS Report R41184, Small Business Administration 504/CDC Loan
Guaranty Program, by Robert Jay Dilger.
40
A debenture is a bond that is not secured by a lien on specific collateral.
12
Key Feature
Program Summary
Guaranty Fees
The SBA is authorized to charge CDCs a one-time, up-front guaranty fee (0.5% of the
debenture), an annual servicing fee (0.9375% of the unpaid principal balance), a funding
fee (not to exceed 0.25% of the debenture), an annual development company fee
(0.125% of the debentures outstanding principal balance), and a one-time participation
fee (0.5% of the senior mortgage loan if in a senior lien position to the SBA and the loan
was approved after September 30, 1996). In addition, CDCs are allowed to charge
borrowers a processing (or packaging) fee of up to 1.5% of the net debenture proceeds
and a closing fee, servicing fee, late fee, assumption fee, Central Servicing Agent (CSA)
fee, other agent fees, and an underwriters fee.
Job Creation
Requirements
Must intend to create or retain one job for every $65,000 of the debenture ($100,000
for small manufacturers) or meet an alternative job creation standard if it meets any one
of 15 community or public policy goals.
For further information and analysis, see CRS Report R43155, Small Business Administration Trade and Export
Promotion Programs, by Sean Lowry.
42
The International Trade loan program limits its guaranty for working capital to $4 million ($4.444 million gross loan
amount).
13
such as a trade show exhibition, training workshops, or a foreign trade mission. Initially, the
STEP program was authorized for three years and appropriated $30 million annually in FY2011
and FY2012. The programs authorization expired at the end of FY2012, and the President has
not requested appropriations for subsequent rounds of awards. However, Congress approved $8
million in appropriations for STEP in FY2014, $17.4 million for FY2015, and $18.0 million for
FY2016.
Program Summary
Use of proceeds
Working capital and acquisition of materials, supplies, furniture, fixtures, and equipment.
Loans cannot be made to acquire land or property.
$50,000.
Maturity
Up to six years.
The SBA charges intermediaries an interest rate that is based on the five-year Treasury
rate, adjusted to the nearest one-eighth percent (called the Base Rate), less 1.25% if the
intermediary maintains a historic portfolio of Microloans averaging more than $10,000
and less 2.0% if the intermediary maintains a historic portfolio of Microloans averaging
$10,000 or less. The Base Rate, after adjustment, is called the Intermediarys Cost of
Funds. The Intermediarys Cost of Funds is initially calculated one year from the date of
the note and is reviewed annually and adjusted as necessary (called recasting). The
interest rate cannot be less than zero.
On loans of more than $10,000, the maximum interest rate that can be charged to the
borrower is the interest rate charged by the SBA on the loan to the intermediary, plus
7.75%. On loans of $10,000 or less, the maximum interest rate that can be charged to the
borrower is the interest charged by the SBA on the loan to the intermediary, plus 8.5%.
Rates are negotiated between the borrower and the intermediary and typically range from
7% to 9%.
Guaranty Fees
The SBA does not charge intermediaries up-front or ongoing service fees under the
Microloan program.
Job Creation
Requirements
43
For further information and analysis, see CRS Report R41057, Small Business Administration Microloan Program,
by Robert Jay Dilger.
14
44
For additional information and analysis, see CRS Report R42037, SBA Surety Bond Guarantee Program, by Robert
Jay Dilger.
45
Ancillary bonds are also eligible if they are incidental and essential to a contract for which the SBA has guaranteed a
final bond. A reclamation bond is eligible if it is issued to reclaim an abandoned mine site and for a project undertaken
for a specific period of time.
46
P.L. 114-92, the National Defense Authorization Act for Fiscal Year 2016, includes a provision that increases the
Preferred Surety Bond Guarantee Programs guarantee rate from not to exceed 70% to not to exceed 90% of losses
starting one year from enactment (effective November 25, 2016). For additional information and analysis, see CRS
Report R42037, SBA Surety Bond Guarantee Program, by Robert Jay Dilger.
47
SBA, Surety Bonds, at https://www.sba.gov/category/navigation-structure/loans-grants/bonds/surety-bonds.
48
Ibid.
49
For further information and analysis, see CRS Report R41352, Small Business Management and Technical
Assistance Training Programs, by Robert Jay Dilger.
15
who are working or retired business owners, executives, and corporate leaders, to provide
management and training assistance to small businesses.
SBDCs provide free or low-cost assistance to small businesses using programs customized to
local conditions. SBDCs support small business in marketing and business strategy, finance,
technology transfer, government contracting, management, manufacturing, engineering, sales,
accounting, exporting, and other topics. SBDCs are funded by grants from the SBA and matching
funds. There are 63 lead SBDC service centers, one located in each state (four in Texas and six in
California), the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American
Samoa. These lead SBDC service centers manage more than 900 SBDC outreach locations.
WBCs are similar to SBDCs, except they concentrate on assisting women entrepreneurs. There
are currently 105 WBCs, with at least one WBC in most states and territories.
The SBAs 15 Veterans Business Outreach Centers provide outreach, assessment, long term
counseling, training, coordinated service delivery referrals, mentoring and network building,
procurement assistance and E-based assistance to benefit Small Business concerns and potential
concerns owned and controlled by Veterans, Service Disabled Veterans and Members of Reserve
Components of the U.S. Military.50
The SBAs Office of Native American Affairs provides management and technical educational
assistance to Native Americans (American Indians, Alaska natives, native Hawaiians, and the
indigenous people of Guam and American Samoa) to start and expand small businesses.
8(a) Program.52 The 8(a) Minority Small Business and Capital Ownership
Development Program (named for the section of the Small Business Act from
which it derives its authority) is for businesses owned by persons who are
socially and economically disadvantaged.53 In addition, an individuals net worth,
50
16
excluding ownership interest in the 8(a) firm and equity in his or her primary
personal residence, must be less than $250,000 at the time of application to the
8(a) Program, and less than $750,000 thereafter. A firm certified by the SBA as
an 8(a) firm is eligible for set-aside and sole-source contracts. The SBA also
provides technical assistance and training to 8(a) firms. Firms may participate in
the 8(a) Program for no more than nine years. As of December 23, 2015, there
were 6,683 firms with active certifications in the 8(a) program.54
Historically Underutilized Business Zone Program.55 This program assists
small businesses located in Historically Underutilized Business Zones
(HUBZones) through set-asides, sole-source awards, and price evaluation
preferences in full and open competitions.56 The determination of whether an area
is a HUBZone is based upon criteria specified in 13 C.F.R. Section 126.103. To
be certified as a HUBZone small business, at least 35% of the small businesss
employees must generally reside in a HUBZone. As of December 23, 2015, there
were 5,410 firms with active HUBZone certifications.57
Service-Disabled Veteran-Owned Small Business Program. This program
assists service-disabled veteran-owned small businesses through set-asides and
sole-source awards. For purposes of this program, veterans and service-related
disabilities are defined as they are under the statutes governing veterans affairs.58
Women-Owned Small Business Program. Under this program, contracts may
be set aside for economically disadvantaged women-owned small businesses in
industries in which women are underrepresented and women-owned small
businesses in industries in which women are substantially underrepresented.
Also, federal agencies may award sole-source contracts to women-owned small
businesses so long as the award can be made at a fair and reasonable price, and
the anticipated value of the contract is below $4 million ($6.5 million for
manufacturing contracts).59
Other small businesses. Agencies may also set aside contracts or make solesource awards to small businesses not participating in any other program under
certain conditions.
(...continued)
Definitions and Designations for Purposes of Federal and Federally Funded Contracting Programs, by Kate M.
Manuel, and CRS Report RL33284, Minority Contracting and Affirmative Action for Disadvantaged Small Businesses:
Legal Issues, by Jody Feder.
54
SBA, Dynamic Small Business Search, at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
55
For additional information and analysis, see CRS Report R41268, Small Business Administration HUBZone
Program, by Robert Jay Dilger.
56
For recent legal developments relating to the priority given to the HUBZone program, see CRS Report R40591, SetAsides for Small Businesses: Recent Developments in the Law Regarding Precedence Among the Set-Aside Programs
and Set-Asides Under Indefinite-Delivery/Indefinite-Quantity Contracts, by Kate M. Manuel.
57
SBA, Dynamic Small Business Search, at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
58
Veteran-owned small businesses and service-disabled veteran-owned small businesses are eligible for separate
preferences in procurements conducted by the Department of Veterans Affairs under the authority of the Veterans
Benefits, Health Care, and Information Technology Act, as amended by the Veterans Benefits Improvements Act of
2008.
59
P.L. 113-291, the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year
2015.
17
Goaling Program
Since 1978, federal agency heads have been required to establish federal procurement contracting
goals, in consultation with the SBA, that realistically reflect the potential of small business
concerns to participate in federal procurement. Each agency is required, at the conclusion of
each fiscal year, to report its progress in meeting these goals to the SBA.61
In 1988, Congress authorized the President to annually establish government-wide minimum
participation goals for procurement contracts awarded to small businesses and small businesses
owned and controlled by socially and economically disadvantaged individuals. Congress required
the government-wide minimum participation goal for small businesses to be not less than 20%
of the total value of all prime contract awards for each fiscal year and not less than 5% of the
total value of all prime contract and subcontract awards for each fiscal year for small businesses
owned and controlled by socially and economically disadvantaged individuals.62
Each federal agency was also directed to have an annual goal that presents, for that agency, the
maximum practicable opportunity for small business concerns and small business concerns
owned and controlled by socially and economically disadvantaged individuals to participate in the
performance of contracts let by such agency.63 The SBA was required to report to the President
annually on the attainment of these goals and to include this information in an annual report to
Congress.64 The SBA negotiates the goals with each federal agency and establishes a small
business eligible baseline for evaluating the agencys performance.
The small business eligible baseline excludes certain contracts that the SBA has determined do
not realistically reflect the potential for small business participation in federal procurement (such
as contracts awarded to mandatory and directed sources), contracts awarded and performed
60
18
overseas, contracts funded predominantly from agency-generated sources, contracts not covered
by Federal Acquisition Regulations, and contracts not reported in the Federal Procurement Data
System (such as contracts or government procurement card purchases valued less than $3,000).65
These exclusions typically account for 18% to 20% of all federal prime contracts each year.
The SBA then evaluates the agencies performance against their negotiated goals annually, using
data from the Federal Procurement Data SystemNext Generation, managed by the U.S. General
Services Administration, to generate the small business eligible baseline. This information is
compiled into the official Small Business Goaling Report, which the SBA releases annually.
Over the years, federal government-wide procurement contracting goals have been established for
small businesses generally (P.L. 100-656, the Business Opportunity Development Reform Act of
1988, and P.L. 105-135, the HUBZone Act of 1997Title VI of the Small Business
Reauthorization Act of 1997), small businesses owned and controlled by socially and
economically disadvantaged individuals (P.L. 100-656, the Business Opportunity Development
Reform Act of 1988), women (P.L. 103-355, the Federal Acquisition Streamlining Act of 1994),
small businesses located within a HUBZone (P.L. 105-135, the HUBZone Act of 1997Title VI
of the Small Business Reauthorization Act of 1997), and small businesses owned and controlled
by a service disabled veteran (P.L. 106-50, the Veterans Entrepreneurship and Small Business
Development Act of 1999).
The current federal small business contracting goals are
at least 23% of the total value of all small business eligible prime contract awards
to small businesses for each fiscal year,
5% of the total value of all small business eligible prime contract awards and
subcontract awards to small disadvantaged businesses for each fiscal year,
5% of the total value of all small business eligible prime contract awards and
subcontract awards to women-owned small businesses,
3% of the total value of all small business eligible prime contract awards and
subcontract awards to HUBZone small businesses, and
3% of the total value of all small business eligible prime contract awards and
subcontract awards to service-disabled veteran-owned small businesses.66
Although there are no punitive consequences for not meeting the small business procurement
goals, the SBAs Small Business Goaling Report is distributed widely, receives media attention,
and serves to heighten public awareness of the issue of small business contracting. For example,
agency performance as reported in the SBAs Small Business Goaling Report is often cited by
Members during their questioning of federal agency witnesses during congressional hearings.
As shown in Table 6, the FY2014 Small Business Goaling Report, using data in the Federal
Procurement Data System as of February 20, 2015, indicates that federal agencies met the federal
contracting goal for small businesses generally (for the second year in a row and the second time
in nine years), small disadvantaged businesses, and service-disabled veteran-owned small
businesses in FY2014.
65
See U.S. General Services Administration, Federal Procurement Data SystemNext Generation, Small Business
Goaling Report: Fiscal Year 2011, at https://www.fpds.gov/downloads/top_requests/
FPDSNG_SB_Goaling_FY_2011.pdf.
66
15 U.S.C. 644(g)(1)-(2).
19
Federal agencies awarded 24.99% of the value of their small business eligible contracts ($366.8
billion) to small businesses ($91.7 billion), 9.46% to small disadvantaged businesses ($34.7
billion), 4.68% to women-owned small businesses ($17.2 billion), 1.82% to HUBZone small
businesses ($6.7 billion), and 3.68% to service-disabled veteran-owned small businesses ($13.5
billion).67 The percentage of total reported federal contracts (without exclusions) awarded to those
small businesses in FY2014 is also provided in the table for comparative purposes.
Table 6. Federal Contracting Goals and Percentage of FY2014 Federal Contract
Dollars Awarded to Small Businesses, by Type
Federal Goal
Percentage of FY2014
Federal Contracts
(small business eligible)
Percentage of FY2014
Federal Contracts (all
reported contracts)
Small Businesses
23.0%
24.99%
22.16%
Small Disadvantaged
Businesses
5.0%
9.46%
6.90%
Women-Owned Small
Businesses
5.0%
4.68%
3.98%
3.0%
1.82%
1.57%
3.0%
3.68%
3.36%
Business Type
67
U.S. General Services Administration, Federal Procurement Data SystemNext Generation, Small Business
Goaling Report: Fiscal Year 2014, at https://www.fpds.gov/downloads/top_requests/
FPDSNG_SB_Goaling_FY_2014.pdf.
20
68
SBA, FY2016 Congressional Budget Justification and FY2014 Annual Performance Report, p. 107, at
https://www.sba.gov/sites/default/files/1-FY%202016%20CBJ%20FY%202014%20APR.PDF.
69
Ibid., pp. 130, 133.
70
SBA, Office of Inspector General, at https://www.sba.gov/office-of-inspector-general.
71
SBA, Office of the Inspector General Strategic Plan for FY 20122017, p. 3, at https://www.sba.gov/sites/default/
files/oig/SBA-OIG%202012-2017%20Strategic%20Plan%20.pdf.
21
purchasing small business equity securities (e.g., stock, stock options, warrants,
limited partnership interests, membership interests in a limited liability company,
or joint venture interests);75
making loans to small businesses, either independently or in cooperation with
other private or public lenders, that have a maturity of no more than 20 years;76
purchasing debt securities from small businesses, which may be convertible into,
or have rights to purchase, equity in the small business;77 and
subject to limitations, providing small businesses a guarantee of their monetary
obligations to creditors not associated with the SBIC.78
72
Ibid.
For further information and analysis, see CRS Report R41456, SBA Small Business Investment Company Program,
by Robert Jay Dilger.
74
15 U.S.C. 661.
75
13 C.F.R. 107.800. The SBIC is not allowed to become a general partner in any unincorporated business or become
jointly or severally liable for any obligations of an unincorporated business.
76
13 C.F.R. 107.810; and 13 C.F.R. 107.840.
77
13 C.F.R. 107.815. Debt securities are instruments evidencing a loan with an option or any other right to acquire
equity securities in a small business or its affiliates, or a loan which by its terms is convertible into an equity position,
or a loan with a right to receive royalties that are excluded from the cost of money.
78
13 C.F.R. 107.820.
73
22
Program Summary
Use of Proceeds
To purchase small business equity securities, make loans to small businesses, purchase
debt securities from small businesses, and provide, subject to limitations, small
businesses a guarantee of their monetary obligations to creditors not associated with
the SBIC.
Maximum Leverage
Amount
A licensed SBIC in good standing with a demonstrated need for funds may apply to the
SBA for financial assistance (called leverage) of up to 300% of its private capital.
However, most SBICs are approved for a maximum of 200% of their private capital, and
no fund management team may exceed the allowable maximum amount of leverage,
currently $150 million per SBIC and $350 million for two or more licenses under
common control. SBICs licensed on or after October 1, 2009, may elect to have a
maximum leverage amount of $175 million per SBIC if they have invested at least 50% of
their financings in low-income geographic areas and certify that at least 50% of their
future investments will be in low-income geographic areas.
Maturity
The debentures coupon (interest) rate is determined by market conditions and the
interest rate of 10-year Treasury securities at the time of the sale.
Guaranty Fees
The SBA requires the SBIC to pay a 3% origination fee for each debenture issued (1% at
commitment and 2% at draw), an annual fee on the leverage drawn, which is fixed at the
time of the leverage commitment, and other administrative and underwriting fees, which
are adjusted annually.
Job Creation
Requirements
79
For further information and analysis of the New Markets Venture Capital program, see CRS Report R42565, SBA
New Markets Venture Capital Program, by Robert Jay Dilger.
23
The SBAs role is essentially the same as with the SBIC program. The SBA selects participants
for the NMVC program, provides funding for their investments and operational assistance
activities, and regulates their operations to ensure public policy objectives are being met. The
SBA requires the companies to provide regular performance reports and have annual financial
examinations by the SBA.
80
For further information and analysis of the SBIR program, see CRS Report R43695, Small Business Innovation
Research and Small Business Technology Transfer Programs, by John F. Sargent Jr.
81
See P.L. 97-219, the Small Business Innovation Development Act of 1982; and 15 U.S.C. 638.
82
The percentage of each designated agencys applicable extramural research and development budget to be used to
support mission-related work in small businesses was scheduled to increase to not less than 2.7% in FY2013, not less
than 2.8% in FY2014, not less than 2.9% in FY2015, not less than 3.0% in FY2016, and not less than 3.2% in FY2017
and each fiscal year thereafter. See P.L. 112-81, the National Defense Authorization Act for Fiscal Year 2012; and
SBA, Small Business Innovation Research Program Policy Directive, 77 Federal Register 46806-46855.
24
Office of Advocacy85
The SBAs Office of Advocacy is an independent voice for small business within the federal
government.86 The Chief Counsel for Advocacy, who is nominated by the President and
confirmed by the Senate, directs the office. The Office of Advocacys mission is to encourage
policies that support the development and growth of American small businesses by
83
See P.L. 102-564, the Small Business Research and Development Enhancement Act of 1992; and 15 U.S.C. 638.
The STTR programs set-aside was not less than 0.4% in FY2015, and was increased to 0.45% in FY2016 and each
fiscal year thereafter. See P.L. 112-81, the National Defense Authorization Act for Fiscal Year 2012; and SBA, Small
Business Technology Transfer Program Policy Directive, 77 Federal Register 46855-46908.
85
For further information and analysis of the Office of Advocacy, see CRS Report R43625, SBA Office of Advocacy:
Overview, History, and Current Issues, by Robert Jay Dilger.
86
SBA, Office of Advocacy: About Us, at https://www.sba.gov/category/advocacy-navigation-structure/about-us-0.
87
SBA, Office of Advocacy, FY2013 Congressional Budget Justification, p. 2, at https://www.sba.gov/sites/default/
files/files/1-508%20Compliant%20FY%202013%20CBJ%20FY%202011%20APR%281%29.pdf.
84
25
Office of Ombudsman
The National Ombudsmans mission is to assist small businesses when they experience
excessive or unfair federal regulatory enforcement actions, such as repetitive audits or
investigations, excessive fines, penalties, threats, retaliation or other unfair enforcement action by
a federal agency.89 The Office of Ombudsman works with federal agencies that have regulatory
authority over small businesses to provide a means for entrepreneurs to comment about
enforcement activities and encourage agencies to address those concerns promptly. It also
receives comments from small businesses about unfair federal compliance or enforcement
activities and refers those comments to the Inspector General of the affected agency in
appropriate circumstances. In addition, the National Ombudsman files an annual report with
Congress and affected federal agencies that rates federal agencies based on substantiated
comments received from small business owners. Affected agencies are provided an opportunity to
comment on the draft version of the annual report to Congress before it is submitted.90
BusinessUSA
The SBAs BusinessUSA website initiative provides a common Internet-based platform for the
sharing of information of interest to both small and large businesses from 10 federal agencies,
including the SBA. It is designed to focus on the needs of small businesses and to match
businesses with the services relevant to them, regardless of where the information is located or
which agencys website, call center, or office they go to for help.91 The BusinessUSA website
(http://www.BusinessUSA.gov) presents information about several topics, including starting and
expanding a business, financing, export opportunities, disaster assistance, resources for veterans,
health care changes, and counseling and training services.
88
The National Womens Business Council, About the Council, Washington, DC, at https://www.nwbc.gov/aboutthe-nwbc.
89
SBA, Office of the National Ombudsman and Assistant Administrator for Regulatory Enforcement Fairness, at
https://www.sba.gov/ombudsman.
90
SBA, National Ombudsmans Fiscal Year Reports to Congress, at https://www.sba.gov/ombudsman/nationalombudsmans-fiscal-year-reports-congress.
91
Karen Mills, former SBA Administrator, BusinessUSA: New Website to Help Small Businesses and Exporters
Navigate the Federal Government, February 13, 2013, at http://www.sba.gov/community/blogs/official-sba-news-andviews/open-business/businessusa-new-website-help-small-busines.
26
Legislative Activity
During the 111th Congress, several laws were enacted that included provisions designed to
increase small business access to capital. For example, P.L. 111-5, the American Recovery and
Reinvestment Act of 2009 (ARRA) provided the SBA an additional $730 million in temporary
funding, including $375 million to subsidize fees for the SBAs 7(a) and 504/CDC loan guaranty
programs and to increase the 7(a) programs maximum loan guaranty percentage to 90% for all
regular 7(a) loans through September 30, 2010, or when appropriated funding for the subsidies
and loan modification was exhausted. P.L. 111-240, the Small Business Jobs Act of 2010,
authorized the Secretary of the Treasury to establish a $30 billion Small Business Lending Fund
(SBLF) to encourage community banks with less than $10 billion in assets to increase their
lending to small businesses (about $4.0 billion was issued) and a $1.5 billion State Small
Business Credit Initiative to provide funding to participating states with small business capital
access programs. The act also provided the SBA an additional $697.5 million; including $510
million to continue the SBAs fee subsidies and the 7(a) programs 90% maximum loan guaranty
percentage through December 31, 2010, and about $12 billion in tax relief for small businesses.92
P.L. 111-322, the Continuing Appropriations and Surface Transportation Extensions Act, 2011,
authorized the SBA to continue its fee subsidies and the 7(a) programs 90% maximum loan
guaranty percentage through March 4, 2011, or until available funding was exhausted, which
occurred on January 3, 2011.
During the 112th Congress, the SBAs statutory authorization expired (on July 31, 2011).93 Since
then, the SBA has been operating under authority provided by annual appropriations acts. Prior to
July 31, 2011, the SBAs authorization had been temporarily extended 15 times since 2006.
P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013, made a number of
changes to several SBA programs. For example, among other provisions, the act increased the
SBAs surety bond limit from $2 million to $6.5 million (and up to $10 million if a federal
contracting officer certifies that such a guarantee is necessary); required the SBA to oversee and
establish standards for most federal mentor-protg programs and establish a mentor-protg
program for all small business concerns; required the SBAs Chief Counsel for Advocacy to enter
into a contract with an appropriate entity to conduct an independent assessment of the small
business procurement goals, including an assessment of which contracts should be subject to the
goals; and addressed the SBAs recent practice of combining size standards within industrial
groups as a means to reduce the complexity of its size standards by requiring the SBA to make
available a justification when establishing or approving a size standard that the size standard is
appropriate for each individual industry classification.
During the 113th Congress, legislation was introduced to reauthorize two temporary SBA
programs authorized by P.L. 111-240 that had expired: a temporary two-year 504/CDC loan
92
P.L. 111-240, the Small Business Jobs Act of 2010, made several changes relating to the SBAs loan guaranty
programs. The legislation increased loan limits for the 7(a) program from $2 million to $5 million and raised the
504/CDC programs loan limits from $2 million to $5 million for standard borrowers and from $4 million to $5.5
million for manufacturers. It temporarily expanded for two years the eligibility for low-interest refinancing under the
SBAs 504/CDC program for qualified debt. It also amended the SBAExpress program, the SBA Microloan program,
the SBA secondary market program, the SBA size standards, and the SBA International Trade Finance program. For
further information and analysis concerning P.L. 111-240, the Small Business Jobs Act of 2010, see CRS Report
R41385, Small Business Legislation During the 111th Congress, by Robert Jay Dilger and Gary Guenther; and CRS
Report R40985, Small Business: Access to Capital and Job Creation, by Robert Jay Dilger.
93
P.L. 112-17, the Small Business Additional Temporary Extension Act of 2011.
27
refinancing program for purposes other than business expansion (expired on September 27, 2012)
and the Office of International Trades State Trade and Export Promotion (STEP) grant program
(authorized for three years, funded for two years).94 The STEP program was subsequently
provided an appropriation of $8 million in FY2014, $17.4 million in FY2015, and $18.0 million
in FY2016. In addition, P.L. 113-76, the Consolidated Appropriations Act, 2014, increased the
SBAs SBIC programs annual authorization amount to $4 billion from $3 billion. Legislation was
also introduced to target additional SBA assistance to start-up and early stage small businesses
through the SBIC program and to provide additional resources to WBCs.95
During the 114th Congress
P.L. 114-38, the Veterans Entrepreneurship Act of 2015, authorized and made
permanent the SBAs current practice of waiving the SBAExpress loan programs
one time, up-front loan guaranty fee for veterans (and their spouse). The act also
increased the 7(a) loan programs FY2015 authorization limit from $18.75 billion
to $23.5 billion (later increased to $26.5 billion).
P.L. 114-88, the Recovery Improvements for Small Entities After Disaster Act of
2015 (RISE After Disaster Act of 2015), includes several provisions designed to
assist individuals and small businesses affected by Hurricane Sandy in 2012, and,
among other things, authorizes the SBA to provide up to two years of additional
financial assistance, on a competitive basis, to SBDCs, WBCs, SCORE, or any
proposed consortium of such individuals or entities to assist small businesses
located in a Presidentially-declared major disaster area, authorizes SBDCs to
provide assistance to small businesses outside the SBDCs state, without regard
to geographical proximity to the SBDC, if the small business is in a
Presidentially-declared major disaster area, and temporarily increases, for three
years, the minimum disaster loan amount for which the SBA may require
collateral, from $14,000 to $25,000 (or, as under existing law, any higher amount
the SBA determines appropriate in the event of a disaster).
P.L. 114-92, the National Defense Authorization Act for Fiscal Year 2016,
includes a provision that expands the definition of a Base Realignment and
94
H.R. 1240, the Commercial Real Estate and Economic Development Act of 2013 (CREED Act of 2013), would have
extended the temporary expansion of the projects eligible for 504/CDC program refinancing of existing debt for five
years following the bills enactment. It was referred to the House Committee on Small Business on March 18, 2013. Its
companion bill in the Senate (S. 289) was referred to the Senate Committee on Small Business and Entrepreneurship on
February 12, 2013, and was ordered to be reported favorably, with an amendment, on June 17, 2013. As amended, S.
289 would have extended the temporary expansion of the projects eligible for 504/CDC program refinancing of
existing debt during any fiscal year in which the 504/CDC program is operating at zero subsidy. H.R. 2333, the Next
STEP Act of 2013, would have provided for the permanent extension of the STEP program. On July 17, 2013, the
Senate passed a Financial Services appropriations bill (S. 1371) that recommended $20 million in STEP funding for
FY2014.
95
For example, the Small Business Investment Enhancement and Tax Relief Act (H.R. 30) and the Small Business
Innovation Act (S. 1285) would have authorized the Administration to establish a separate SBIC program for early
stage small businesses. Also, the Expanding Access to Capital for Entrepreneurial Leaders Act (S. 511, EXCEL Act)
and the Small Business Innovation Act of 2013 (S. 1285) would have increased the SBIC programs annual
authorization amount to $4 billion from $3 billion and increase the programs family of funds limit (the amount of
outstanding leverage allowed for two or more SBIC licenses under common control) to $350 million from $225
million. The Womens Small Business Ownership Act of 2014 (S. 2693) would have authorized to be appropriated
$26.75 million for Women Business Centers (WBCs) for each of FYs 2015-2019, nearly double the amount ($14
million) appropriated in FY2014; increased the WBC annual grant award amount from not more than $150,000 to not
more than $250,000; and authorized the SBA Administrator to waive, in whole or in part, the WBC nonfederal
matching requirement for up to two consecutive fiscal years under specified circumstances.
28
Closure Act (BRAC) military base closure area under the HUBZone program to
include the lands within the external boundaries of the closed base and the census
tract or nonmetropolitan county in which the lands of the closed base are wholly
contained, intersect it, or are contiguous to it. This change is designed to make it
easier for businesses located in those areas to meet the HUBZone programs
requirement that at least 35% of its employees reside in a HUBZone area. The act
also extends BRAC base closure area HUBZone eligibility from five years to not
less than eight years, provides HUBZone eligibility to qualified disaster areas,
and adds Native Hawaiian Organizations to the list of HUBZone eligible small
business concerns.96 Starting one year from enactment (effective November 25,
2016), the act also adds requirements concerning the pledge of assets by
individual sureties participating in the SBAs Surety Bond Guarantee Program
and increases the guaranty rate from not less than 70% to not less than 90% for
preferred sureties participating in that program.
P.L. 114-113, the Consolidated Appropriations Act, 2016, expands the projects
eligible for refinancing under the 504/CDC loan guaranty program in any fiscal
year in which the refinancing program and the 504/CDC program as a whole do
not have credit subsidy costs, generally limits refinancing under this provision to
no more than 50% of the dollars loaned under the 504/CDC program during the
previous fiscal year, and increases the SBIC programs family of funds limit (the
amount of outstanding leverage allowed for two or more SBIC licenses under
common control) to $350 million from $225 million. The act also provided the
7(a) loan program a FY2016 authorization limit of $26.5 billion.
The House has also passed legislation to expand the role of the SBAs Office of Advocacy in the
federal rule-making process (H.R. 527, the Small Business Regulatory Flexibility Improvements
Act of 2015). Other legislation currently under consideration includes, among others, bills to
eliminate restrictions on Microloan intermediaries use of technical assistance funding and to
increase the amount of funding Microloan intermediaries may receive from the SBA.
Over the years, the SBA has discontinued many programs. Some of these cancellations were done
administratively, others at the direction of Congress. In many cases, key features of the programs
were incorporated into other programs. In recent years, the small loans FA$TRAK loan program
(now called SBAExpress, which continues), LowDoc loan program, handicapped assistance loan
program, disabled assistance loan program, community express pilot program, Dealer Floor Plan
program, Small/Rural Lender Advantage program, and Patriot Express program have been
discontinued. The SBA has also ended its support of the veterans franchise program
(VETFRAN), which the Department of Veterans Affairs continues to support. During the 112th
Congress, both the House and Senate Committees on Small Business considered legislation to
terminate several smaller SBA programs, such as the Drug-Free Workplace Program, and several
authorized but inactive programs, such as the lease guarantee loan program, the pollution control
loan program, and the small business telecommuting pilot program.97
96
The act redefined a BRAC base closure area under the HUBZone program to include the lands within the external
boundaries of the closed base and the census tract or nonmetropolitan county in which the lands of the closed base are
wholly contained, intersect it, or are contiguous to it.
97
See the legislative history of H.R. 2608 (112th Congress), the Continuing Appropriations Act, 2012. Before becoming
the legislative vehicle for the continuing appropriations bill, the bill contained the Small Business Program Extension
and Reform Act of 2011.
29
Appropriations98
The SBAs received an appropriation of $928.975 million in FY2014, $887.604 million in
FY2015, and $871.042 million in FY2016. The Obama Administration had requested $860.130
million for the SBA in FY2016.
As shown in Table 8, the SBAs FY2016 appropriation of $871.042 million includes $268.00
million for salaries and expenses, $231.10 million for entrepreneurial development and noncredit
programs, $152.73 million for administrative expenses related to the SBAs business loan
programs, $3.34 million for business loan credit subsidies (for the Microloan program), $19.9
million for Office of Inspector General, $9.12 million for the Office of Advocacy, and $186.86
million for disaster assistance.99
Table 8. SBA Appropriations, FY2014-FY2016
($ in millions)
Program Account
FY2014
FY2015
FY2016
$250.00
$257.00
$268.00
Entrepreneurial Development
$196.17
$220.00
$231.10
$151.56
$147.73
$152.73
$111.60
$47.50
$3.34
$19.00
$19.40
$19.90
Office of Advocacy
$8.75
$9.12
$9.12
Disaster Assistance
$191.90
$186.86
$186.86
Total
$928.98
$887.60
$871.04
Sources: P.L. 113-76, the Consolidated Appropriations Act, 2014, P.L. 113-235, the Consolidated and Further
Continuing Appropriations Act, 2015; and P.L. 114-113, Consolidated Appropriations Act, 2016.
Notes: The sum of the amounts appropriated for each of the program accounts may not equal the
total amount appropriated for that fiscal year due to rounding.
Sean Lowry
Analyst in Public Finance
[email protected], 7-9154
98
For further information concerning appropriations for the Small Business Administration and other independent
agencies, see CRS Report R43352, Financial Services and General Government (FSGG): FY2014 Appropriations,
coordinated by Baird Webel; and CRS Report R43846, Small Business Administration (SBA) Funding: Overview and
Recent Trends, by Robert Jay Dilger.
99
P.L. 114-113, the Consolidated Appropriations Act, 2016.
30
Acknowledgments
Oscar R. Gonzales, former analyst in Economic Development Policy, and N. Eric Weiss, specialist in
Financial Economics, authored earlier versions of this report.
31