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Thursday, September 9, 2010

Small Business Legislation: H.R. 3854 and H.R. 5297

Robert Jay Dilger
Senior Specialist in American National Government

Oscar R. Gonzales
Analyst in Economic Development Policy

Gary Guenther
Analyst in Public Finance

Congressional interest in assisting small business has increased in recent years primarily due to continuing concerns about unemployment and the sustainability and robustness of the current economic recovery. In the past, small business has typically led job formation during economic recoveries. However, there has been increased concern in Congress that small businesses might be prevented from accessing sufficient capital to enable them to take on that job creation role during the current recovery. Financial institutions have tightened their lending standards and, in 2008 and early 2009, there were major disruptions of business credit markets that made it difficult, and in some instances impossible, for financial institutions to sell their loans on the secondary market. 

Since 2009, business credit markets have improved and most financial institutions report that they are no longer tightening their small business lending standards. However, the Federal Reserve Board notes that those lending standards "remain quite stringent." 

Congressional efforts to assist small business have focused on tax relief, enhancing small business access to capital, and amending the Small Business Act to authorize changes to the Small Business Administration (SBA). The SBA administers several programs to support small businesses, including loan guaranty programs to enhance small business access to capital; programs to increase small business opportunities in federal contracting; direct loans for businesses, homeowners, and renters to assist their recovery from natural disasters; and access to entrepreneurial education to assist with business formation and expansion. 

This report examines three legislative measures that are designed to assist small business: H.R. 3854, the Small Business Financing and Investment Act of 2009, which would authorize several new SBA programs and modify others; the House-passed version of H.R. 5297, the Small Business Jobs and Credit Act of 2010 (initially titled the Small Business Lending Fund Act of 2010), which would authorize four new small business lending programs, provide about $3.8 billion in tax relief for small businesses over 10 years, and includes several revenue raising provisions to offset the bill's cost; and S.Amdt. 4594, an amendment in the nature of a substitute for H.R. 5297, which would authorize several new SBA programs and modify others, authorize two of the four new small business lending programs included in the House-passed version of H.R. 5297, with modifications, provide about $12 billion in tax relief for small businesses, and includes several revenue raising provisions to offset the bill's cost. 

This report includes a discussion of the major provisions in each of the legislative measures, and notes the key differences between H.R. 3854 and corresponding provisions in S.Amdt. 4594, and the key differences between the House-passed version of H.R. 5297 and corresponding provisions in S.Amdt. 4594. 

A side-by-side comparison of the major provisions in H.R. 3854, the House-passed version of H.R. 5297, and S.Amdt. 4594 are also presented in a table in the Appendix.

Date of Report: August 30, 2010
Number of Pages: 50
Order Number: R41385
Price: $29.95

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