Small Business:
Access to Capital and Job Creation
Robert Jay Dilger
Senior Specialist in American National Government
March 5May 2, 2013
Congressional Research Service
7-5700
www.crs.gov
R40985
CRS Report for Congress
Prepared for Members and Committees of Congress
Small Business: Access to Capital and Job Creation
Summary
The SBA administers several 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 assisting small
business is viewed as a means to enhance economic growth.
Some, including President Obama, have argued that the SBA should be provided additional
resources to assist small businesses in acquiring capital necessary to start, continue, or expand
operations and create jobs. Others worry about the long-term adverse economic effects of
spending programs that increase the federal deficit. They advocate business tax reduction, reform
of financial credit market regulation, and federal fiscal restraint as the best means to assist small
business economic growth and job creation.
During the 111th Congress, several laws were enacted to enhance 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, including $375 million to temporarily subsidize
SBA fees and increase the 7(a) loan guaranty program’s maximum loan guaranty percentage to
90%. P.L. 111-240, the Small Business Jobs Act of 2010, authorized a $30 billion Small Business
Lending Fund to encourage community banks to provide small business loans ($4 billion was
issued), a $1.5 billion State Small Business Credit Initiative to provide funding to participating
states with small business capital access programs, numerous changes to the SBA’s loan guaranty
and contracting programs, $510 million to continue the SBA’s fee subsidies and 90% maximum
loan guaranty percentage through December 31, 2010, and about $12 billion in tax relief for small
businesses. The SBA subsequently was provided authority to continue the fee subsidies and the
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, several bills were introduced to enhance small business access to
capital, including bills to extend the SBA’s temporary fee subsidies and the 90% maximum loan
guaranty percentage. Congress did not adopt these legislative efforts. Instead, Congress passed
legislation to enhance small business contracting opportunities, expand access to the SBA’s surety
bond guarantee program, amend the SBA’s size standard practices, require a review and
reassessment of the federal procurement small business goaling program, and expand small
business mentor-protégé programs.
This report addresses a core issue facing the 113th Congress: What, if any, additional action
should the federal government take to enhance small business access to capital? After discussing
the role of small business in job creation and retention, this report provides an assessment of the
supply and demand for small business loans, including the number and amount of small business
loans guaranteed by the SBA. It also discusses selected laws enacted during the previous three
Congresses that were designed to enhance small business access to capital by increasing the
supply of small business loans or the demand for small business loans, or both. It also examines
recent actions concerning the SBA’s budget and concludes with a brief overview of three
legislative options available to address small business access to capital issues during the 113th
Congress: wait-and-see, enact additional programs, or reduce and consolidate existing programs.
Congressional Research Service
Small Business: Access to Capital and Job Creation
Contents
Small Business Access to Capital .................................................................................................... 1
The Supply and Demand for Private-Sector Small Business Loans ................................................ 3
The Supply and Demand for SBA Loans......................................................................................... 5
Recent Laws Designed to Enhance the Supply of Small Business Loans ....................................... 9
Recent Laws Designed to Enhance the Demand for Small Business Loans ................................. 12
Discussion ...................................................................................................................................... 14
SBA Funding ................................................................................................................................. 17
Concluding Observations............................................................................................................... 19
Figures
Figure 1. Small Business Lending Environment, 2000-2013 .......................................................... 5
Tables
Table 1. Selected Small Business Administration Financial Statistics, FY2000-FY2012 ............... 6
Table 2. Small Business Administration Funding, FY2000-FY2013FY2014 ............................................ 18
Table A-1. Selected Provisions, the Small Business Jobs Act of 2010 .......................................... 22
Appendixes
Appendix. Selected Provisions in the Small Business Jobs Act of 2010 ....................................... 22
Contacts
Author Contact Information........................................................................................................... 24
Congressional Research Service
Small Business: Access to Capital and Job Creation
Small Business Access to Capital
The Small Business Administration (SBA) administers several programs to support small
businesses, including loan guarantees to lenders to encourage them to provide loans to small
businesses venture capital programs to provide “long-term loans and equity capital to
small businesses, especially those with potential for substantial job growth and economic
impact”1 and loan guaranty programs to encourage lenders to provide loans to small businesses
“that might not otherwise obtain financing on reasonable terms and conditions.”1
2 Historically, one
of the justifications presented for funding the SBA’s loan guaranteeaccess to capital programs
has been that
small businesses can be at a disadvantage, compared with other businesses, when
trying to obtain access to
sufficient capital and credit.23 As an economist explained:
Growing firms need resources, but many small firms may have a hard time obtaining loans
because they are young and have little credit history. Lenders may also be reluctant to lend to
small firms with innovative products because it might be difficult to collect enough reliable
information to correctly estimate the risk for such products. If it’s true that the lending
process leaves worthy projects unfunded, some suggest that it would be good to fix this
“market failure” with government programs aimed at improving small businesses’ access to
credit.34
Congressional interest in the SBA’s loan guarantyaccess to capital programs has increased in recent years,
primarily because assisting small business in accessing capital is viewed as a means to enhance
job creation and economic growth.45
Some, including President Obama, have argued that the SBA should be provided additional
resources to assist small businesses in acquiring capital necessary to start, continue, or expand
operations and create jobs. They note that small businesses have led job formation during
previous economic recoveries.56 In addition, the SBA has argued that “improving access to credit
by small businesses is a crucial step in supporting economic recovery and job creation.”6
Others worry about the long-term adverse economic effects of spending programs that increase
the federal deficit. They advocate business tax reduction, reform of financial credit market
1
7
1
U.S. Small Business Administration, Fiscal Year 2014 Congressional Budget Justification and FY2012 Annual
Performance Report, p. 58.
2
U.S. Small Business Administration, Fiscal Year 2010 Congressional Budget Justification, p. 30.
3
Proponents of providing federal funding for the SBA’s loan guarantee programs also argue that small business can
promote competitive markets. See P.L. 83-163, §2(a), as amended; and 15 U.S.C. §631a.
34
Veronique de Rugy, Why the Small Business Administration’s Loan Programs Should Be Abolished, American
Enterprise Institute for Public Policy Research, AEI Working Paper #126, April 13, 2006, at http://www.aei.org/files/
2006/04/13/20060414_wp126.pdf. Also, see U.S. Government Accountability Office, Small Business Administration:
7(a) Loan Program Needs Additional Performance Measures, GAO-08-226T, November 1, 2007, pp. 3, 9-11, at
http://www.gao.gov/new.items/d08226t.pdf.
45
For example, see The White House, “Remarks by the President on Job Creation and Economic Growth,” December 8,
2009, at http://www.whitehouse.gov/the-press-office/remarks-president-job-creation-and-economic-growth; and U.S.
Small Business Administration, FY2013Fiscal Year 2014 Congressional Budget Justification and FY2011FY2012 Annual Performance
Report,
pp. 1-214. For further analysis concerning the role of small business in job creation see CRS Report R41392, Small
Small Business and the Expiration of the 2001 Tax Rate Reductions: Economic Issues, by Jane G. Gravelle and Sean
Lowry;
and CRS Report R41523, Small Business Administration and Job Creation, by Robert Jay Dilger.
56
U.S. Small Business Administration, Office of Advocacy, Small Business Economic Indicators for 2003, August
2004, p. 3; Brian Headd, “Small Businesses Most Likely to Lead Economic Recovery,” The Small Business Advocate,
vol. 28, no. 6 (July 2009), pp. 1, 2; and U.S. Small Business Administration, FY2013 Congressional Budget
Justification and FY2011 Annual Performance Report, p. 1.
67
U.S. Small Business Administration, “President Obama Announces New Efforts to Improve Access to Credit for
Small Businesses,” October 21, 2009, at http://www.whitehouse.gov/assets/documents/small_business_final.pdf.
2
Congressional Research Service
1
Small Business: Access to Capital and Job Creation
Others worry about the long-term adverse economic effects of spending programs that increase
the federal deficit. They advocate business tax reduction, reform of financial credit market
regulation, and federal fiscal restraint as the best means to assist small business economic growth
and job creation.78
Economists generally do not view job creation as a justification for providing federal assistance to
small businesses. They argue that in the long term such assistance will likely reallocate jobs
within the economy, not increase them. In their view, jobs arise primarily from the size of the
labor force, which depends largely on population, demographics, and factors that affect the choice
of home versus market production (e.g., the entry of women in the workforce). However,
economic theory does suggest that increased federal spending may result in additional jobs in the
short term. For example, the SBA reported in September 2010 that the $730 million in additional
funding provided to the agency by P.L. 111-5, the American Recovery and Reinvestment Act of
2009 (ARRA), created or retained 785,955 jobs.89
As will be discussed, the tightening of private sector lending standards and the disruption of
credit markets in 2008 and 2009 led to increased concern in Congress that small businesses might
be prevented from accessing sufficient capital to start, continue, or expand their operations—
actions that were expected to lead to higher levels of employment. As the SBA indicated in its
FY2010 congressional budget justification report:
Over the last decade, small businesses across this country have been responsible for the
majority of new private sector jobs, leaving little doubt that they are a vital engine for the
nation’s economic growth. However, with the United States facing the most severe economic
crisis in more than 70 years, small businesses are confronted with a frozen lending market
and limited access to the capital they need to survive and grow at this critical time.910
Since then credit markets have improved and lending standards have moderated, but
congressional concern about the economy and disagreements concerning the best means to
enhance job creation and economic growth remain.
During the 111th Congress, several laws were enacted to enhance small business access to capital.
For example, P.L. 111-5 provided the SBA an additional $730 million, including $375 million to
temporarily subsidize SBA fees and increase the 7(a) loan guaranty program’s maximum loan
guaranty percentage to 90%. 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 to encourage
community banks to provide small business loans ($4 billion was issued), a $1.5 billion State
Small Business Credit Initiative to provide funding to participating states with small business
capital access programs, numerous changes to the SBA’s loan guaranty and contracting programs,
$510 million to continue the SBA’s fee subsidies and the 7(a) program’s 90% maximum loan
guaranty percentage through December 31, 2010, and about $12 billion in tax relief for small
businesses (see the Appendix for a list of its key provisions). The SBA subsequently was
78
Susan Eckerly, “NFIB Responds to President’s Small Business Lending Initiatives,” Washington, DC, October 21,
2009, at http://www.nfib.com/newsroom/newsroom-item/cmsid/50080/; NFIB, “Government Spending,” Washington,
DC, at http://www.nfib.com/issues-elections/issues-elections-item/cmsid/49051/; and National Federation of
Independent Business, “Payroll Tax Holiday,” at http://www.nfib.com/issues-elections/issues-elections-item/cmsid/
49039/.
89
U.S. Small Business Administration, “FY2009/2010 Final—Recovery Program Performance Report, September
2010,” September, 2010, at http://archive.sba.gov/idc/groups/public/documents/sba_homepage/
perform_report_9_2010.pdf.
910
U.S. Small Business Administration, Fiscal Year 2010 Congressional Budget Justification, p. 1.
Congressional Research Service
2
Small Business: Access to Capital and Job Creation
businesses (see the Appendix for a list of its key provisions). The SBA subsequently was
provided authority to continue the fee subsidies and the 90% loan guaranty percentage through
March 4, 2011, or until available funding was exhausted, which occurred on January 3, 2011.1011
During the 112th Congress, several bills were introduced to enhance small business access to
capital, including bills to extend the SBA’s temporary fee subsidies and increase the 7(a)
program’s loan guaranty percentage to 90%.1112 Congress did not adopt these legislative efforts.
Instead, Congress passed legislation designed to enhance small business contracting
opportunities, expand access to the SBA’s surety bond guarantee program, amend the SBA’s size
standard practices, require a review and reassessment of the federal procurement small business
goaling program, and expand small business mentor-protégé programs.1213
This report addresses a core issue facing the 113th Congress: What, if any, additional action
should the federal government take to enhance small business access to capital? After discussing
the role of small business in job creation and retention, this report provides an assessment of the
supply and demand for small business loans, including the number and amount of small business
loans guaranteed by the SBA. It also discusses selected laws enacted during the previous three
Congresses that were designed to enhance small business access to capital by increasing the
supply of small business loans or the demand for small business loans, or both. It also examines
recent actions concerning the SBA’s budget and concludes with a brief overview of three
legislative options available to address small business access to capital issues during the 113th
Congress: wait-and-see, enact additional programs, or reduce and consolidate existing programs.
The Supply and Demand for Private-Sector
Small Business Loans
Each quarter, the Federal Reserve Board surveys senior loan officers concerning their bank’s
lending practices. The survey includes a question concerning their bank’s credit standards for
small business loans: “Over the past three months, how have your bank’s credit standards for
approving applications for C&I [commercial and industrial] loans or credit lines—other than
those to be used to finance mergers and acquisitions—for small firms (annual sales of less than
$50 million) changed?” The senior loan officers are asked to indicate if their bank’s credit
standards have “Tightened considerably,” “Tightened somewhat,” “Remained basically
unchanged,” “Eased somewhat,” or “Eased considerably.” Subtracting the percentage of
respondents reporting “Eased somewhat” and “Eased considerably” from the percentage of
respondents reporting “Tightened considerably” and “Tightened somewhat” provides an
indication of the market’s supply of small business loans.
As shown in Figure 1, senior loan officers reported that they tightened small business loan credit
standards during the early 2000s; loosened those credit standards in 2004, 2005, and 2006; and
tightened them in 2007, 2008, and 2009. Since 2009, business credit markets have improved, and
most senior loan officers report that they are no longer tightening their small business lending
standards. However, the Federal Reserve Board notes that those lending standards “remain quite
1011
P.L. 111-322, the Continuing Appropriations and Surface Transportation Extensions Act, 2011.
For example, see H.R. 5851, the Increasing Small Business Lending Act of 2012 (112th Congress); and S. 1828, the
Increasing Small Business Lending Act of 2011 (112th Congress).
1213
P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013.
1112
Congressional Research Service
3
Small Business: Access to Capital and Job Creation
standards. However, the Federal Reserve Board notes that those lending standards “remain quite
stringent following the prolonged and widespread tightening that took place over the past few
years.”1314
The survey also includes a question concerning the demand for small business loans: “Apart from
normal seasonal variation, how has demand for C&I loans changed over the past three months for
small firms (annual sales of less than $50 million)?” Senior loan officers are asked to indicate if
demand was “Substantially stronger,” “Moderately stronger,” “About the same,” “Moderately
weaker,” or “Substantially weaker.” Subtracting the percentage of respondents reporting
“Moderately weaker” and “Substantially weaker” from the percentage of respondents reporting
“Substantially stronger” and “Moderately stronger” provides an indication of the market’s
demand for small business loans.
As shown in Figure 1, senior loan officers reported that the demand for small business loans
declined from 2000 to 2004, increased from 2004 to late 2006, declined somewhat in 2007 and
2008, and declined significantly in 2009. Demand then leveled off (at a relatively reduced level)
during 2010, increased somewhat during the first half of 2011, declined somewhat during the
latter half of 2011, and increased somewhat in 2012.1415
The combination of decreased supply and demand for small business loans over the past four
years has led to a decline in the total amount of outstanding small business debt. Since peaking at
$711.5 billion in the second quarter (June 30) of 2008, the total amount of outstanding, nonagricultural small business debt declined to $695.2 billion in the second quarter of 2009, $652.2
billion in the second quarter of 2010, $607.6 billion in the second quarter of 2011, and $587.8
billion in the second quarter of 2012.15 Although a16 There was $585.9 billion in outstanding, non-agricultural
small business debt at the end of the first quarter (December 31, 2012) of FY2013.17
A declining amount of small business
outstanding debt does not necessarily mean that the supply
of small business loans is declining,
. However, many, including the SBA, view the decline in
small business outstanding debt as a signal that
small businesses might be experiencing
difficulties in accessing sufficient capital to enable them
to lead job growth during the current
recovery.
1314
Federal Reserve Board, “The April 2010 Senior Loan Officer Opinion Survey on Bank Lending Practices,” at
http://www.federalreserve.gov/boarddocs/SnLoanSurvey/201005/default.htm.
1415
Federal Reserve Board, “Senior Loan Officer Opinion Survey on Bank Lending Practices,” at
http://www.federalreserve.gov/boarddocs/SnLoanSurvey/.
1516
Federal Deposit Insurance Corporation, “Statistics on Depository Institutions,” at http://www2.fdic.gov/SDI/
main.asp.
17
Ibid.
Congressional Research Service
4
Small Business: Access to Capital and Job Creation
Figure 1. Small Business Lending Environment, 2000-2013
(senior loan officers’ survey responses)
80%
60%
Tightening Standards
Increasing Demand
40%
20%
0%
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
-20%
Loosening Standards
-40%
-60%
Decreasing Demand
-80%
Bank Lending Standards
Small Businesses Demand for Loans
Source: Federal Reserve Board, “Senior Loan Officer Opinion Survey on Bank Lending Practices,” at
http://www.federalreserve.gov/boarddocs/SnLoanSurvey/; and Brian Headd, “Forum Seeks Solutions To Thaw
Frozen Small Business Credit,” The Small Business Advocate, vol. 28, no. 10 (December 2009), p. 3, at
http://www.sba.gov/sites/default/files/The%20Small%20Business%20Advocate%20-%20December%202009.pdf.
The Supply and Demand for SBA Loans
Table 1 shows selected financial statistics for the SBA from FY2000 to FY2012. It provides an
overview of the extent of the SBA’s various programs to enhance small business access to capital.
The first two columns report the amount and number of non-disaster small business loans
guaranteed by the SBA. The figures reflect loans that were disbursed and are less than the amount
and number of loans approved by the SBA. Each year, 7% to 10% of the loans approved by the
SBA are subsequently canceled for a variety of reasons, typically by the borrower.
The third column reports the number of bonds guaranteed under the SBA’s surety bond guarantee
program.1618 A surety bond is a three-party instrument between a surety (someone who agrees to be
responsible for the debt or obligation of another), a contractor, and a project owner. The
agreement binds the contractor to comply with the contract’s terms and conditions. If the
1618
For further information and analysis of the SBA’s surety bond guarantee program, see CRS Report R42037, SBA
Surety Bond Guarantee Program, by Robert Jay Dilger.
Congressional Research Service
5
Small Business: Access to Capital and Job Creation
contractor is unable to successfully perform the contract, the surety assumes the contractor’s
responsibilities and ensures that the project is completed. It is designed to reduce the risk of
contracting with small businesses that may not have the credit history or prior experience of
larger businesses. The SBA does not issue surety bonds. Instead, it provides and manages surety
bond guarantees for qualified small and emerging businesses through its Surety Bond Guarantee
(SBG) Program. The SBA reimburses a participating surety (within specified limits) for losses
incurred due to a contractor’s default on a bond.1719
The fourth column reports the outstanding principal balance for the SBA’s 7(a) secondary market
guarantee program, which is discussed later in this report. The final column reports the SBA’s
outstanding principal balance of loans that have not been charged off as of the end of the fiscal
year. It provides a measure of the SBA’s scope of lending.
Table 1. Selected Small Business Administration Financial Statistics, FY2000-FY2012
($ in millions)
SBA Business Loan Guarantees
7(a)
Secondary
Market
Guarantee
Program
Outstanding
Principal
Unpaid
Principal
Loan
Balanceb
Fiscal Year
Amount
Disburseda
Number
Disbursed
Surety Bond
Guarantees
Number
2012
$18,251
37,981
9,503
$19,200
$102,627
2011
$19,384
50,655
8,638
$17,600
$99,201
2010
$14,813
46,059
8,348
$15,500
$93,263
2009
$12,488
42,157
6,135
$14,700
$90,441
2008
$18,314
69,118
6,055
$14,900
$88,244
2007
$19,105
97,437
5,809
$14,100
$84,523
2006
$18,848
95,027
5,214
$14,600
$78,117
2005
$18,666
92,156
5,678
$14,900
$71,495
2004
$15,384
78,386
7,803
$14,100
$64,362
2003
$13,284
65,055
8,974
$13,000
$59,181
2002
$12,852
49,897
7,372
$12,000
$56,219
2001
$11,246
41,904
6,320
$11,000
$53,116
2000
$12,232
41,514
7,034
$10,000
$52,227
Sources: U.S. Small Business Administration, correspondence with the author, January 28, 2013 (loan
guarantees and unpaid principal loan balance); U.S. Small Business Administration, correspondence with the
author, December 11, 2012 (surety bonds); and U.S. Small Business Administration, Agency Financial Report
[various fiscal years] (7(a) secondary market guarantee program outstanding principal).
a.
The amount disbursed is the amount provided to the borrower. In recent years, the SBA has guaranteed
about 84% to 87% of the loan amount disbursed.
1719
U.S. Small Business Administration, “Surety Bonds,” at http://www.sba.gov/category/navigation-structure/loansgrants/bonds/surety-bonds.
Congressional Research Service
6
Small Business: Access to Capital and Job Creation
b.
Includes unpaid principal loan balance for disaster loans: $5.8 billion in FY2000, $4.3 billion in FY2001, $3.6
billion in FY2002, $2.9 billion in FY2003, $3.0 billion in FY2004, $3.6 billion in FY2005, $6.8 billion in
FY2006, $9.0 billion in FY2007, $8.6 billion in FY2008, $8.4 billion in FY2009, $7.9 billion in FY2010, $7.5
billion in FY2011, and $7.2 billion in FY2012.
As shown in Table 1, the amount of non-disaster small business loans disbursed by the SBA
declined in FY2008 and FY2009; increased, but remained below pre-recession levels in FY2010;
exceeded pre-recession levels in FY2011, and then declined somewhat in FY2012 to $18.251
billion, just below the $18.314 billion disbursed in FY2008.1820
The decline in the amount of small business loans guaranteed by the SBA during FY2008 and
FY2009 was, at least in part, due to three interrelated factors. First, many lending institutions
become increasingly reluctant to lend to small businesses, even with an SBA loan guarantee. As
loan defaults increased due to the recession, earnings fell and an increasing number of lending
institutions failed.1921 For example, three lending institutions failed in 2007. That number increased
to 26 in 2008 and to 140 in 2009.2022 Included in the list of failed lending institutions in 2009 was
CIT Group, Inc., the nation’s largest lender to small businesses.2123 When lending institutions
anticipate difficulty in making a profit, are losing money, or have diminished expectations of
future profits, they tend to become more risk averse and the supply of business loans, including
small business loans, tends to decline.
Second, the secondary market for small business loans, as with other secondary markets, began to
contract in October 2008, reached its nadir in January 2009, and then began a relatively
prolonged recovery.2224 In a secondary market, loans are pooled together and packaged as securities
for sale to investors. This practice makes more capital available by allowing lending institutions
to remove existing loans from their balance sheets, freeing them to make new loans.2325 When
1820
The recession began in December 2007 and ended in June 2009.
FDIC-insured lending institutions lost $12.9 billion in 2008, including a $37.8 billion loss in the fourth quarter,
which more than erased $24.9 billion in profits during the previous three quarters. In 2009, FDIC-insured lending
institutions had a net profit of $4.2 billion. See Federal Deposit Insurance Corporation, “Quarterly Banking Profile:
Quarterly Net Income,” at http://www2.fdic.gov/qbp/2009dec/chart1.htm. In 2010, FDIC-insured lending institutions
had $85.4 billion in net profits. See Federal Deposit Insurance Corporation, “Quarterly Banking Profile: Quarterly Net
Income,” at http://www2.fdic.gov/qbp/2010dec/chart1.htm.
2022
The number of lending institutions which failed increased to 157 in 2010. In 2011, 92 lending institutions failed and
in 2012 92 lending institutions failed. See Federal Deposit Insurance Corporation, “Failed Bank List,” at
http://www.fdic.gov/bank/individual/failed/banklist.html.
2123
Patrice Hill, “Lender to small business bankrupt,” The Washington Post, November 2, 2009, pp. A1, A10. CIT
Group, Inc. failed on November 1, 2009.
2224
The Federal Reserve Bank of New York, using authority provided under §13(3) of the Federal Reserve Act, created
the Term Asset-Backed Securities Loan Facility (TALF) on March 3, 2009, to stabilize secondary credit markets by
lending up to $200 billion to eligible owners of certain AAA-rated asset backed securities (ABS) backed by newly and
recently originated auto loans, credit card loans, student loans, and SBA-guaranteed small business loans. The initial
TALF subscription took place on March 19, 2009, and the last one took place in June 2010. There were 23 monthly
ABS and Commercial Mortgage Backed Securities (CMBS) subscriptions. TALF supported about $58 billion of ABS
and $12 billion of CMBS. See Federal Reserve Bank of New York, “Term Asset-Backed Securities Loan Facility:
Terms and Conditions,” New York, NY, at http://www.newyorkfed.org/markets/talf_terms.html; Federal Reserve Bank
of New York, “New York Fed releases revised TALF Master Loan and Security Agreement and appendices,” press
release, New York, NY, at http://www.federalreserve.gov/newsevents/press/monetary/20090303a.htm; and U.S.
Department of the Treasury, “Secretary of the Treasury Timothy F. Geithner, Written Testimony Congressional
Oversight Panel,” press release, June 22, 2010, at http://cop.senate.gov/documents/testimony-062210-geithner.pdf.
2325
U.S. Small Business Administration, Office of Advocacy, An Exploration of a Secondary Market for Small Business
Loans, April 2003, p. 1, at http://archive.sba.gov/advo/research/rs227_tot.pdf.
1921
Congressional Research Service
7
Small Business: Access to Capital and Job Creation
secondary credit markets constrict, lenders tend to become both less willing and less able to
supply small business loans. For example, the secondary market volume for SBA 7(a) loans
averaged $328 million a month from January 2008 through September 2008, and then fell each
succeeding month, declining to under $100 million in January 2009.2426 The SBA estimates that
about half of the lenders that make SBA guaranteed loans resell them to obtain additional capital
to make additional loans.
Third, the demand for small business loans declined. The SBA estimated that about 60% of the
jobs lost in 2008 through the second quarter of 2009 were lost in small firms.2527 Monthly business
surveys conducted by Automatic Data Processing, Inc. (ADP) suggest that about 81% of the 7.5
million jobs lost during the recession were in firms with less than 500 employees.2628 When
business is slow, or when expectations of business sales growth are diminished, business owners
(and entrepreneurs considering starting a new small business) tend to become more risk averse
and the demand for small business loans tends to decline.
In 2009, the number and amount of small business loans guaranteed by the SBA declined sharply
early in the year, followed by modest increases during the second and third quarters, and briefly
surpassed pre-recession levels in the fourth quarter as small business owners took advantage of
ARRA funded fee subsidies for the SBA’s 7(a) and 504/CDC loan guaranty programs and
increase in the 7(a) program’s maximum loan guaranty percentage to 90% which were expected
to end by the end of the year.2729
The SBA argued that the increase in the number and amount of small business loans it guaranteed
during FY2010 was primarily due to fee subsidies and loan enhancements first put in place under
ARRA and later extended by law to cover most of the fiscal year.2830 The SBA noted that its
average weekly loan volume for FY2010 ($333 million) was 29% higher than its average weekly
loan volume for FY2009 ($258 million).2931 Another likely factor contributing to the higher loan
volume was a general improvement in the economy as the recession ended (officially in June
2009) and the economic recovery began, albeit slowly in many parts of the nation.
The demand for SBA loans increased significantly during the first quarter of FY2011 (OctoberDecember 2010), as borrowers took advantage of SBA fee subsidies that were expected to expire
at the end of the calendar year. The SBA announced, on January 3, 2011, that it “approved nearly
22,000 small business loans for $10.47 billion, supporting a total of $12.16 billion in lending”
2426
U.S. Small Business Administration, “Six-Month Recovery Act Report Card,” August 2009.
Brian Headd, U.S. Small Business Administration, Office of Advocacy, “An Analysis of Small Business and Jobs,”
March 2010, p. 14, at http://www.sba.gov/sites/default/files/files/
an%20analysis%20of%20small%20business%20and%20jobs(1).pdf.
2628
Automatic Data Processing, Inc. (ADP), “National Employment Report, December 2007,” Roseland, NJ, p. 2, at
http://www.adpemploymentreport.com/pdf/FINAL_Report_DEC_07.pdf; and ADP, “National Employment Report,
September 2009,” Roseland, NJ, p. 2, at http://www.adpemploymentreport.com/PDF/
FINAL_Report_September_09.pdf.
2729
U.S. Small Business Administration, “Recovery Act Changes to SBA Loan Programs Sparked Major Mid-Year
Turn-Around in Volume,” October 1, 2009; and Nancy Waitz, “U.S. stimulus funds run out for lower SBA loan fees,”
Reuters News, November 24, 2009, at http://www.reuters.com/article/companyNewsAndPR/
idUSN2431964620091125.
2830
U.S. Small Business Administration, “Recovery Loan Incentives Spurred Continued Rebound in SBA Lending in
FY2010,” October 4, 2010, at http://archive.sba.gov/idc/groups/public/documents/sba_homepage/news_release_1054.pdf.
2931
Ibid.
2527
Congressional Research Service
8
Small Business: Access to Capital and Job Creation
during the first quarter of FY2011, which “was the highest volume in a fiscal year’s first quarter
than at any time in the agency’s history.”3032 After the fee subsidies ended, SBA lending declined
during the second quarter of FY2011, and then increased somewhat during the final two quarters
of FY2011. As mentioned previously, the amount of non-disaster small business loans disbursed
by the SBA declined somewhat in FY2012 to $18.251 billion—compared to $19.384 billion in
FY2011.
Recent Laws Designed to Enhance the Supply of
Small Business Loans
As mentioned previously, several laws were enacted during the 110th and 111th Congresses to
enhance small business access to capital. The following laws were enacted largely in response to
the contraction of financial credit markets which started in 2008, and reached its nadir in early
2009.
P.L. 110-343, the Emergency Economic Stabilization Act of 2008, was designed to enhance the
supply of loans to businesses of all sizes. The act authorized the Troubled Asset Relief Program
(TARP) to “restore liquidity and stability to the financial system of the United States” by
purchasing or insuring up to $700 billion in troubled assets from banks and other financial
institutions.3133 TARP’s purchase authority was later reduced from $700 billion to $475 billion by
P.L. 111-203, the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Department
of the Treasury has disbursed $389 billion in TARP funds, including $337 million to purchase
SBA 7(a) loan guaranty program securities.3234 The authority to make new TARP commitments
expired on October 3, 2010.
P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (ARRA), included several
provisions to enhance the supply of loans to small businesses.3335 ARRA
•
authorized the SBA to establish a temporary secondary market guarantee
authority to provide a federal guarantee for pools of first lien 504/CDC program
3032
U.S. Small Business Administration, “Jobs Act Supported More Than $12 Billion in SBA Lending to Small
Businesses in Just Three Months,” January 3, 2011, at http://www.sba.gov/content/jobs-act-supported-more-12-billionsba-lending-small-businesses-just-three-months.
3133
For further analysis, see CRS Report R41427, Troubled Asset Relief Program (TARP): Implementation and Status,
by Baird Webel.
3234
U.S. Department of the Treasury, Troubled Assets Relief Program Monthly 105(a) Report—November 2010,
December 10, 2010, pp. 2-4, at http://www.financialstability.gov/docs/November%20105(a)%20FINAL.pdf. On March
16, 2009, President Obama announced that the Department of the Treasury would use TARP funds to purchase up to
$15 billion of SBA-guaranteed loans to “immediately unfreeze the secondary market for SBA loans and increase the
liquidity of community banks.” The plan was deferred after it met resistance from lenders. Some lenders objected to
TARP’s requirement that participating lenders comply with executive compensation limits and issue warrants to the
federal government. Smaller, community banks objected to the program’s paperwork requirements, such as the
provision of a small-business lending plan and quarterly reports. See The White House, “Remarks by the President to
Small Business Owners, Community Leaders, and Members of Congress,” March 16, 2009, at
http://www.whitehouse.gov/the_press_office/Remarks-by-the-President-to-small-business-owners/.
3335
For further analysis, see CRS Report R40728, Small Business Tax Benefits and the American Recovery and
Reinvestment Act of 2009, by Gary Guenther and CRS Report R41385, Small Business Legislation During the 111th
Congress, by Robert Jay Dilger and Gary Guenther.
Congressional Research Service
9
Small Business: Access to Capital and Job Creation
loans that are to be sold to third-party investors. The SBA was granted
emergency rulemaking authority to issue regulations for the program within 15
days after enactment (by March 4, 2009). After experiencing unanticipated delays
in implementing the program due to “limited staff resources” and determining
how to meet ARRA reporting requirements, the SBA issued regulations for its
504/CDC First Mortgage Loan Pooling program on October 30, 2009, and it
became operational in June 2010.3436 The program was scheduled to end on
February 16, 2011, or until $3 billion in new pools are created, whichever
occurred first. As will be discussed, the Small Business Jobs Act of 2010
extended the program.3537
•
authorized the SBA to use emergency rulemaking authority to issue regulations
within 30 days after enactment (by March 19, 2009), to make below market
interest rate direct loans to SBA-designated “Systemically Important Secondary
Market (SISM) Broker-Dealers.” These broker-dealers would use the loan funds
to purchase SBA-guaranteed loans from commercial lenders, assemble them into
pools, and sell them to investors in the secondary loan market. The SBA
experienced unanticipated delays in implementing the program primarily due to
the need to determine “the extent to which broker-dealers, and perhaps small
business lenders, would be required to share in the potential losses associated
with extending the guarantee in the 504 loan program.”3638 The SBA issued
regulations to establish the Direct Loan Program for Systemically Important
Secondary Market Broker-Dealers on November 19, 2009.3739
•
provided $255 million for a temporary, two-year small business stabilization
program to guarantee loans of $35,000 or less to small businesses for qualified
debt consolidation, later named the America’s Recovery Capital (ARC) Loan
program (the program ceased issuing new loan guarantees on September 30,
2010); $15 million for the SBA’s surety bond program, and temporarily increased
the maximum bond amount from $2 million to $5 million, and up to $10 million
under certain conditions (the higher maximum bond amounts ended on
September 30, 2010); $6 million for the SBA’s Microloan program’s lending
program and $24 million for the Microloan program’s technical assistance
program; and increased the funds (“leverage”) available to SBA-licensed Small
Business Investment Companies (SBICs) to no more than 300% of the
company’s private capital or $150,000,000, whichever is less.
3436
U.S. Small Business Administration, “SBA Creates Secondary Market Guarantee Program for 504 First Mortgage
Loan Pools,” October 28, 2009; U.S. Government Accountability Office, Recovery Act: Project Selection and Starts
Are Influenced by Certain Federal Requirements and Other Factors, GAO-10-383, February 10, 2010, p. 23, at
http://www.gao.gov/new.items/d10383.pdf; and U.S. Small Business Administration, “New First Mortgage Loan
Poolers Will Jump-Start Secondary Market for SBA 504 Loans, Make Credit More Available,” June 24, 2010, at
http://www.sba.gov/about-sba-services/7367/5728.
3537
U.S. Small Business Administration, “The American Recovery and Reinvestment Act of 2009: Secondary Market
First Lien Position 504 Loan Pool Guarantee,” 74 Federal Register 56087, October 30, 2009; and U.S. Small Business
Administration, “New First Mortgage Loan Poolers Will Jump-Start Secondary Market for SBA 504 Loans, Make
Credit More Available, June 24, 2010, at http://www.sba.gov/about-sba-services/7367/5728.
3638
U.S. Government Accountability Office, Status of the Small Business Administration’s Implementation of
Administrative Provisions in the American Recovery and Reinvestment Act of 2009, GAO-10-298R, January 19, 2010,
p. 7, at http://www.gao.gov/new.items/d10298r.pdf.
3739
U.S. Small Business Administration, “American Recovery and Reinvestment Act: Loan Program for Systemically
Important SBA Secondary Market Broker-Dealers,” 74 Federal Register 59891, November 19, 2009.
Congressional Research Service
10
Small Business: Access to Capital and Job Creation
•
authorized the SBA to guarantee 504/CDC loans used to refinance business
expansion projects as long as the existing indebtedness did not exceed 50% of the
project cost of the expansion and the borrower met specified requirements.
P.L. 111-240, the Small Business Jobs Act of 2010, was enacted after the financial credit markets
had stabilized. It included several provisions designed to enhance the supply of loans to small
businesses. For example, the act
•
authorized the Secretary of the Treasury to establish a $30 billion Small Business
Lending Fund (SBLF) to encourage community banks to provide small business
loans ($4 billion was issued) and a $1.5 billion State Small Business Credit
Initiative (SSBCI) to provide funding to participating states with small business
capital access programs.3840
•
extended the SBA’s secondary market guarantee authority from two years after
the date of ARRA’s enactment to two years after the date of the program’s first
sale of a pool of first lien position 504/CDC loans to a third-party investor (which
took place on September 24, 2010).3941
•
authorized $22.5 million for a temporary, three-year Small Business Intermediary
Lending Pilot Program to provide direct loans to intermediaries which provide
loans to small business startups, newly established small businesses, and growing
small businesses. On August 4, 2011, the SBA announced the first 20 community
lenders which were selected to participate in the program.4042
•
authorized $15 million in additional funding for the SBA’s 7(a) loan guaranty
program.
•
increased the loan guarantee limits for the SBA’s 7(a) program from $2 million to
$5 million, and for the 504/CDC program from $1.5 million to $5 million for
“regular” borrowers, from $2 million to $5 million if the loan proceeds are
directed toward one or more specified public policy goals, and from $4 million to
$5.5 million for manufacturers.
•
increased the SBA’s Microloan program’s loan limit for borrowers from $35,000
to $50,000 and for microlender intermediaries after their first year in the program
from $3.5 million to $5 million.41
3843
40
For further analysis of the Small Business Lending Fund, see CRS Report R42045, The Small Business Lending
Fund, by Robert Jay Dilger. For a further analysis of the State Small Business Credit Initiative see CRS Report
R42581, State Small Business Credit Initiative: Implementation and Funding Issues, by Robert Jay Dilger.
3941
U.S. Small Business Administration, Office of Congressional and Legislative Affairs, correspondence with the
author, January 4, 2010.
4042
U.S. Small Business Administration, “Small Businesses Have New Non-Profit Sources for SBA-financed Loans,”
August 4, 2011, at http://www.sba.gov/content/intermediary-lending-pilot-program-0.
4143
The act also temporarily allowed the SBA to waive, in whole or in part, for successive fiscal years, the non-federal
share requirement for loans to the Microloan program’s intermediaries and for grants made to Microloan intermediaries
for small business marketing, management, and technical assistance under specified circumstances (e.g., the economic
conditions affecting the intermediary). See P.L. 111-240, the Small Business Jobs Act of 2010, §1401. Matching
Requirements Under Small Business Programs.
Congressional Research Service
11
Small Business: Access to Capital and Job Creation
•
temporarily increased for one year the SBA 7(a) Express Program’s loan limit
from $350,000 to $1 million (the temporary increase expired on September 26,
2011).
•
required the SBA to establish an on-line lending platform listing all SBA lenders
and information concerning their loan rates.
•
authorized the SBA to temporarily guarantee for two years, under specified
circumstances, 504/CDC loans that refinance existing business debt even if the
project does not involve the expansion of the business.
For additional details concerning provisions in the Small Business Jobs Act of 2010, see Table A1 in the Appendix.
Recent Laws Designed to Enhance the Demand for
Small Business Loans
ARRA provided the SBA $375 million to subsidize fees for the SBA’s 7(a) and 504/CDC loan
guaranty programs and to increase the 7(a) program’s maximum loan guaranty percentage from
up to 85% of loans of $150,000 or less and up to 75% of loans exceeding $150,000 to 90% for all
regular 7(a) loans through September 30, 2010, or when appropriated funding for the subsidies
and loan modification was exhausted. The fee subsidies were designed to increase the demand for
SBA loans by reducing loan costs.
ARRA’s funding for the fee subsidies and 90% maximum loan guaranty percentage was about to
be exhausted in November 2009, when Congress passed the first of six laws to extend the loan
subsidies and 90% maximum loan guaranty percentage:
•
P.L. 111-118, the Department of Defense Appropriations Act, 2010, provided the
SBA $125 million to continue the fee subsides and 90% maximum loan guaranty
percentage through February 28, 2010.
•
P.L. 111-144, the Temporary Extension Act of 2010, provided the SBA $60
million to continue the fee subsides and 90% maximum loan guaranty percentage
through March 28, 2010.
•
P.L. 111-150, an act to extend the Small Business Loan Guarantee Program, and
for other purposes, provided the SBA authority to reprogram $40 million in
previously appropriated funds to continue the fee subsides and 90% maximum
loan guaranty percentage through April 30, 2010.
•
P.L. 111-157, the Continuing Extension Act of 2010, provided the SBA $80
million to continue the SBA’s fee subsides and 90% maximum loan guaranty
percentage through May 31, 2010.
•
P.L. 111-240, the Small Business Jobs Act of 2010, provided $505 million (plus
an additional $5 million for administrative expenses) to continue the SBA’s fee
subsides and 90% maximum loan guaranty percentage from the act’s date of
enactment (September 27, 2010) through December 31, 2010.
•
P.L. 111-322, the Continuing Appropriations and Surface Transportation
Extensions Act, 2011, authorizes the SBA to use funds provided under the Small
Congressional Research Service
12
Small Business: Access to Capital and Job Creation
Business Jobs Act of 2010 to continue the SBA’s fee subsides and 90% maximum
loan guaranty percentage through March 4, 2011, or until available funding is
exhausted.
On January 3, 2011, the SBA announced that funding for the fee subsidies and 90% maximum
loan guaranty percentage had been exhausted.4244
ARRA also included 11 tax relief provisions that have the potential to benefit small businesses in
a broad range of industries.4345 By reducing costs, it could be argued that providing tax relief for
small businesses may lead to increased demand for small business loans because small business
owners have additional resources available to invest in their business. The following five ARRA
tax provisions provided about $5.7 billion in tax relief and were targeted at small businesses,
whereas the other ARRA tax provisions were available to businesses of all sizes:
•
allowed businesses with $15 million or less in average annual gross receipts in
the past three years to carry back net operating losses from 2008 for up to five
years instead of two years.
•
extended through 2009 the enhanced expensing allowance, which allows
businesses to deduct up to $250,000 of the cost of eligible assets placed in
service in 2009, within certain limits.
•
increased the exclusion of the gain on the sale of small business stock to 75%
(instead of 50%) of any gain realized on the sale of eligible small business stock
acquired between February 18, 2009, and December 31, 2010.
•
reduced the recognition period from 10 years to seven years for corporate tax on
sale of appreciated assets in 2009 or 2010 by S corporations that once were
organized as C corporations.
•
allowed individuals who had an adjusted gross income in 2008 of less than
$500,000 and can prove that over half their income came from a small business
to base their estimated tax payments for 2009 on 90% of their tax liability for
2008.
The Small Business Jobs Act of 2010 was designed to increase the demand for SBA loans by
providing $505 million (plus an additional $5 million for related administrative expenses) to
temporarily subsidize SBA’s fees and increase the 7(a) program’s maximum loan guaranty
percentage to 90%. The act also required the SBA to establish an alternative size standard for the
SBA’s 7(a) and 504/CDC loan guaranty programs that uses maximum net worth and average net
income as an alternative to the use of industry standards. It also established the following interim
alternative size standard for both the 7(a) and 504/CDC programs: the business qualifies as small
if it does not have a tangible net worth in excess of $15 million and does not have an average net
income after federal taxes (excluding any carry-over losses) in excess of $5 million for two full
fiscal years before the date of application. These changes were designed to increase the demand
4244
U.S. Small Business Administration, “Jobs Act Supported More Than $12 Billion in SBA Lending to Small
Businesses in Just Three Months,” January 3, 2011, at http://www.sba.gov/content/jobs-act-supported-more-12-billionsba-lending-small-businesses-just-three-months.
4345
For further analysis see CRS Report R40728, Small Business Tax Benefits and the American Recovery and
Reinvestment Act of 2009, by Gary Guenther.
Congressional Research Service
13
Small Business: Access to Capital and Job Creation
for small business loans by increasing the number of small businesses that are eligible for SBA
assistance.4446
The Small Business Jobs Act of 2010 also provided small businesses with about $12 billion in tax
relief. The act
•
raised the exclusion of gains on the sale or exchange of qualified small business
stock from the federal income tax to 100%, with the full exclusion applying only
to stock acquired the day after the date of enactment through the end of 2010;
•
increased the deduction for qualified start-up expenditures from $5,000 to
$10,000 in 2010, and raised the phaseout threshold from $50,000 to $60,000 for
2010;
•
placed limitations on the penalty for failure to disclose reportable transactions
based on resulting tax benefits;
•
allowed general business credits of eligible small businesses for 2010 to be
carried back five years;
•
exempted general business credits of eligible small businesses in 2010 from the
alternative minimum tax;
•
allowed a temporary reduction in the recognition period for built-in gains tax;
•
increased expensing limitations for 2010 and 2011 and allows certain real
property to be treated as Section 179 property;
•
allowed additional first-year depreciation for 50% of the basis of certain qualified
property; and
•
removed cellular telephones and similar telecommunications equipment from
listed property so their cost can be deducted or depreciated like other business
property.4547
Discussion
As mentioned previously, congressional interest in the SBA’s access to capital programs has
increased in recent years, primarily because assisting small business in accessing capital is
viewed as a means to enhance job creation and economic growth. Some, including President
Obama, have argued that the SBA should be provided additional resources to assist small
businesses in acquiring capital necessary to start, continue, or expand operations and create
jobs.4648 Others worry about the long-term adverse economic effects of spending programs that
4446
For further analysis, see CRS Report R40860, Small Business Size Standards: A Historical Analysis of Contemporary
Issues, by Robert Jay Dilger.
4547
For further analysis of the Small Business Jobs Act of 2010’s, tax provisions, see CRS Report R41385, Small
Business Legislation During the 111th Congress, by Robert Jay Dilger and Gary Guenther.
4648
Rep. Nydia Velázquez, “Small Business Financing and Investment Act of 2009,” House debate, Congressional
Record, daily edition, vol. 155, no. 159 (October 29, 2009), pp. H12074, H12075; Sen. Mary Landrieu, “Statements on
Introduced Bills and Joint Resolutions,” remarks in the Senate, Congressional Record, daily edition, vol. 155, no. 185
(December 10, 2009), p. S12910; and The White House, “Remarks by the President on Job Creation and Economic
Growth,” December 8, 2009, at http://www.whitehouse.gov/the-press-office/remarks-president-job-creation-and(continued...)
Congressional Research Service
14
Small Business: Access to Capital and Job Creation
increase the federal deficit. They also point to surveys of small business firms conducted by the
National Federation of Independent Business (NFIB) which suggest that small business owners
consistently place financing issues near the bottom of their most pressing concerns.4749 Instead of
increasing federal funding for the SBA, they advocate small business tax reduction, reform of
financial credit market regulation, and federal fiscal restraint as the best means to assist small
business and foster increased levels of economic growth and job creation.4850
Some advocates of providing additional resources to the SBA have argued that the federal
government should enhance small business access to capital by creating a SBA direct lending
program for small businesses.4951 During the 111th Congress, H.R. 3854, the Small Business
Financing and Investment Act of 2009, was passed by the House on October 29, 2009, by a vote
of 389-32. It would have authorized a temporary SBA direct lending program.5052 Also, during the
112th Congress, H.R. 3007, the Give Credit to Main Street Act of 2011, introduced on September
21, 2011, and referred to the House Committee on Small Business, would have authorized the
SBA to provide direct loans to small businesses that have been in operation as a small business
for at least two years prior to its application for a direct loan. The maximum loan amount would
have been the lesser of 10% of the firm’s annual revenues or $500,000. Also, H.R. 5835, the
Veterans Access to Capital Act of 2012, introduced on May 18, 2012, and referred to the House
Committee on Small Business, would have authorized the SBA to provide up to 20% of the
annual amount available for guaranteed loans under the 7(a) and 504/CDC loan guaranty
programs, respectively, in direct loans to veteran-owned and -controlled small businesses.
The SBA currently has authority to make direct loans to small businesses, but, with the exception
of disaster loans, has not exercised that authority since 1994.5153 Advocates for a small business
direct lending program have argued that such a program would provide “rapid access to muchneeded capital without having to face the administrative delays posed by the current Small
Business Administration lending process.”5254 Advocates of a temporary SBA direct lending
program argued that such a program was necessary during periods of economic difficulty because
(...continued)
economic-growth.
4749
Bruce D. Phillips and Holly Wade, Small Business Problems and Priorities (Washington, DC: NFIB Research
Foundation, June 2008), p. 5, at http://www.nfib.com/Portals/0/ProblemsAndPriorities08.pdf; and Holly Wade, Small
Business Problems and Priorities (Washington, DC: NFIB Research Foundation, August 2012), pp. 2, 5, 14, at
http://www.nfib.com/research-foundation/priorities.
4850
Susan Eckerly, “NFIB Responds to President’s Small Business Lending Initiatives,” Washington, DC, October 21,
2009, at http://www.nfib.com/newsroom/newsroom-item/cmsid/50080/; NFIB, “Government Spending,” Washington,
DC, at http://www.nfib.com/issues-elections/issues-elections-item/cmsid/49051/; and National Federation of
Independent Business, “Payroll Tax Holiday,” at http://www.nfib.com/issues-elections/issues-elections-item/cmsid/
49039/.
4951
U.S. Congress, House Committee on Small Business, Small Business Financing and Investment Act of 2009,
committee print, 111th Cong., 1st sess., October 26, 2009, H.Rept. 111-315 (Washington: GPO, 2009), pp. 13-20,
26, 27.
5052
H.R. 3854, the Small Business Financing and Investment Act of 2009 (111th Congress), §111. Capital Backstop
Program.
5153
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.
5254
Dan Gerstein, “Big Stimulus For Small Business, A new direct lending program would benefit millions,”
Forbes.com, January 14, 2009; Sharon McLoone, “Landrieu: Small Business to Benefit from Economic Plan,” The
Washington Post, February 6, 2009; George Dooley, “ASTA Renews Call For SBA Direct Lending Program,”
(continued...)
Congressional Research Service
15
Small Business: Access to Capital and Job Creation
In prosperous times, small businesses are able to shop around to different lenders to find the
best available terms and conditions for a loan. But in times of economic downturns, those
same lenders aren’t as willing to lend to small businesses. More than ever during these times,
it’s the government’s responsibility to step in to help small businesses access the loans they
need to keep their businesses running and workers employed.5355
Opponents of a small business direct lending program argue that the SBA’s mission is to augment
the private sector by guaranteeing loans, not compete with it by providing direct loans to small
businesses.5456 They also argue that these loans hold greater risk than most; otherwise the private
sector would accept them. They worry that SBA defaults may increase, resulting in added
expense, either to taxpayers in the form of additional appropriations or to other small business
borrowers in the form of higher fees, to cover the defaults.5557 They argue that the SBA stopped
offering direct loans in 1995, primarily because the subsidy rate was “10 to 15 times higher than
that of our guaranty programs.”5658 They also assert that providing direct loans to small businesses
might invite corruption. They note that the Reconstruction Finance Corporation (RFC), the SBA’s
predecessor, made direct loans to business and was accused of awarding loans based on the
applicant’s political connections or personal ties with RFC loan officers.5759 Opponents also argue
that the SBA does not have the human, physical, and technical resources to make direct loans.
Still others argue that providing additional funding for SBA programs is largely a symbolic
gesture because the SBA’s guaranteed loan programs account for a relatively small fraction of
small business lending.5860 They argue that, in a typical year, no more than 1% of small businesses
receive an SBA-guaranteed loan, and those loans account for less than 3% or 4% of the total
amount loaned to small businesses.5961 They assert that “these numbers show that the private
(...continued)
American Society of Travel Agents, Washington, DC, February 18, 2009; and Anne Kim, Ryan McConaghy, and Tess
Stovall, “Federal Direct Loans to Small Businesses,” Third Way Idea Brief, Washington, DC, April 2009.
5355
Anne Kim, Ryan McConaghy, and Tess Stovall, “Federal Direct Loans to Small Businesses,” Third Way Idea Brief,
Washington, DC, April 2009.
5456
Sue Malone, Myth: The SBA will make direct loans under the stimulus bill, Strategies For Small Business, Danville,
CA, March 12, 2009.
5557
Representative Jeff Flake, “Providing for Consideration of H.R. 3854, Small Business Financing and Investment Act
of 2009,” House debate, Congressional Record, daily edition, vol. 155, no. 159 (October 29, 2009), pp. H12070, H
12072.
5658
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.
5759
Representative Jeff Flake, “Providing for Consideration of H.R. 3854, Small Business Financing and Investment Act
of 2009,” House debate, Congressional Record, daily edition, vol. 155, no. 159 (October 29, 2009), pp. H12070, H
12072.
5860
U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Subcommittee on Federal
Financial Management, Government Information, Federal Services, and International Security, The Effectiveness of the
Small Business Administration, 109th Cong., 2nd sess., April 6, 2006, S. Hrg. 109-492 (Washington: GPO, 2006), p. 92;
and Discover Financial Services, “Discover® Small Business WatchSM: Small Business Economic Outlook Remains
Cautious,” Riverwoods, IL, October 26, 2009, at http://investorrelations.discoverfinancial.com/phoenix.zhtml?c=
204177&p=irol-newsArticle&ID=1346088&highlight=.
5961
Raymond J. Keating, “Keating: Obama’s policies will hurt, not help,” Long Island Business News, The Debate
Room, October 30, 2009, at http://libn.com/thedebateroom/2009/10/30/keating-obama%e2%80%99s-policies-will-hurtnot-help/.
Congressional Research Service
16
Small Business: Access to Capital and Job Creation
banking system finances most loans and that the SBA is therefore largely irrelevant in the capital
market.”6062
SBA Funding
As mentioned previously, some, including President Obama, have argued that the SBA should be
provided additional resources to assist small businesses in acquiring capital necessary to start,
continue, or expand operations and create jobs. Others worry about the long-term adverse
economic effects of spending programs that increase the federal deficit. They advocate fiscal
restraint as the best means to assist small business and foster increased levels of economic growth
and job creation.
Both of these views have been reflected in recent SBA budget discussions as Congress has
focused on ways to reduce the SBA’s budget while not compromising the SBA’s ability to assist
small businesses access capital and assist individuals and businesses of all sizes copingcope with
damages caused by natural disasters. As shown in Table 2, the SBA’s FY2013 appropriation,
after taking into account a reduction of $92.6 million through sequestration, is $1,761.0 million,
an increase of $842.2sequestration and a required 0.2% funding reduction under P.L. 113-6,
the Consolidated and Further Continuing Appropriations Act, 2013, is $1,754.5 million, an
increase of $835.7 million over its FY2012 appropriation of $918.8 million.
Although the SBA’s overall budget authority nearly doubled from FY2012 to FY2013, after
taking into
account increased funding for the SBA’s disaster loan programs and increased funding for higher
than expected subsidy costs due to historically high defaults in the SBA’s loan guarantee
programsbusiness loan
subsidy costs, the SBA’s FY2013 appropriation for all other programs ($592.9583.6 million) is just $2.2$7.1
million moreless than its FY2012 appropriation for all other programs ($590.7 million), and is $8.6$17.9
million less than its FY2011 appropriation for all other programs ($601.5 million).
One issue complicating congressional consideration of the SBA’s budget is the recent increase in
the SBA’s loan guaranty programs’ subsidy costs. The Administration attributes the increased
subsidy costs to “the economic crisis and significantly higher default claims.”61
60As shown in Table 2, the Obama Administration has requested that the SBA be provided $968.8
million in FY2014. The Administration requested $191.9 million for the SBA’s disaster loan
programs, $111.6 million for business loan credit subsidies, and $665.3 million for all other SBA
programs ($485.9 million for salaries and expenses, including $210.3 million for non-credit
programs, such as SCORE, Small Business Development Centers, and Women Business Centers;
$151.6 million for administrative expenses related to the SBA’s business loan programs; and
$27.8 million for all other SBA programs).63
62
U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Subcommittee on Federal
Financial Management, Government Information, Federal Services, and International Security, The Effectiveness of the
Small Business Administration, 109th Cong., 2nd sess., April 6, 2006, S.Hrg. 109-492 (Washington: GPO, 2006), p. 92.
61
U.S. Office of Management and Budget, The Appendix, Budget of the United States Government, Fiscal Year 2013,
p. 126763
U.S. Small Business Administration, FY2014 Congressional Budget Justification and FY2012 Annual Performance
Report, pp. 17, 22.
Congressional Research Service
17
Small Business: Access to Capital and Job Creation
Table 2. Small Business Administration Funding, FY2000-FY2013FY2014
(new budget authority, in $ millions)
Disaster
Assistance
FY
Business
Loan
Guarantee
Credit
Subsidies
Other
Programs
Disaster
Assistance,
Credit
Subsidies,
and Other
Programs
Combined
Temporary,
Additional
Funding
Total
Funding
FY2013a
$851.2
$316.9
$592.9
$1,761.0
NA
$1,761.0FY2014
request
$191.9
$111.6
$665.3
$968.8
NA
$968.8
FY2013a
$851.2
$319.7
$583.6
$1,754.5
NA
$1,754.5
FY2012
$117.3
$210.8
$590.7
$918.8
NA
$918.8
FY2011
$45.4
$82.8
$601.5
$729.7
NA
$729.7b
FY2010
$78.2
$83.0
$662.8
$824.0
$962.5c
$1,786.5
$2.5
$612.7
$615.2
$730.0e
$1,345.2
FY2009
$0.0d
$2.5
$612.7
$615.2
FY2008
$1,052.8
$2.0
$579.9
$1,634.7
NA
$1,634.7
FY2007
$114.9
$1.3
$455.6
$571.8
NA
$571.8
FY2006
$1,700.0
$1.3
$532.1
$2,233.4
NA
$2,233.4
FY2005
$1,042.2
$1.5
$496.5
$1,540.2
NA
$1,540.2
FY2004
$200.6
$81.0
$504.6
$786.2
NA
$786.2
FY2003
$191.5
$89.1
$505.7
$786.3
NA
$786.3
FY2002
$337.9
$0.0
$580.1
$918.0
NA
$918.0
FY2001
$284.5
$163.2
$551.8
$999.5
NA
$999.5
FY2000
$287.4
$137.8
$480.8
$906.0
NA
$906.0
Sources: U.S. Small Business Administration, Congressional Budget Justification, various years, at
http://www.sba.gov/about-sba-services/217; 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; and P.L. 113-2, the
Disaster Relief Appropriations Act, 2013.
a.
Prior to sequestration, funding for FY2013 was $896.0 million for disaster assistance, $333.6 million for loan
guarantee credit subsidies, $624.0 million for other programs, and $1,853.6; P.L. 113-6, the
Consolidated and Further Continuing Appropriations Act, 2013 and U.S. Office of Management and Budget, OMB
Final Sequestration Report to the President and Congress for Fiscal Year 2013,
a.
Prior to sequestration and an across-the-board 0.2% funding reduction, funding for FY2013 was $896.3
million for disaster assistance, $337.3 million for business loan credit subsidies, $615.7 million for other
programs, and $1,849.3 million for total funding.
b.
The SBA’s FY2011 appropriation of $731,201,000 ($45.5 million for SBA disaster assistance and $685.7
million for other SBA programs) was reduced to $729,738,000 by a 0.2% across-the-board rescission
imposed on most appropriations accounts by P.L. 112-10, the Department of Defense and Full-Year
Continuing Appropriations Act, 2011.
c.
$775.0 million in temporary funding for 7(a) and 504/CDC loan guaranty program fee subsidies and loan
modifications, and $187.5 million for other SBA programs. P.L. 111-118, the Department of Defense
Appropriations Act, 2010, provided $125 million, P.L. 111-144, the Temporary Extension Act of 2010,
provided $60 million, P.L. 111-157, the Continuing Extension Act of 2010, provided $80 million, and P.L.
111-240, the Small Business Jobs and Credit Act of 2010, provided $510 million to provide temporary fee
subsidies for the SBA’s 7(a) and 504/CDC loan guaranty programs and to temporarily increase the 7(a)
program’s maximum loan guaranty percentage to 90%. P.L. 111-240 extended the subsidies and 90% loan
guaranty through December 31, 2010, and provides $187.5 million for other SBA programs that are to
remain available through FY2011. Also, P.L. 111-150, to permit the use of previously appropriated funds to
Congressional Research Service
18
Small Business: Access to Capital and Job Creation
extend the Small Business Loan Guarantee Program, authorized the SBA to use $40 million in previously
appropriated funds for fee subsidies and the 7(a) loan modification.
d.
SBA disaster assistance funding in FY2009 was carried over from the previous fiscal year.
e.
P.L. 111-5, the American Recovery and Reinvestment Act of 2009, provided $730 million for SBA programs,
including $375 million for loan subsidies and loan modifications for the 7(a) and 504/CDC programs and
Congressional Research Service
18
Small Business: Access to Capital and Job Creation
$255 million for a new, temporary small business stabilization program, later named the America’s Recovery
Capital (ARC) Loan program.
Concluding Observations
Congress approved many changes during the 111th Congress to enhance small business access to
capital. For example, 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 make capital
investments in eligible community banks with total assets equal to or less than $1 billion or $10
billion ($4 billion was issued).6264 It authorized a $1.5 billion State Small Business Credit Initiative
Program to be administered by the Department of the Treasury.6365 It made numerous changes to
SBA programs in an attempt to make them more accessible to small businesses, such as
increasing maximum loan amounts, creating an alternative size standard so more businesses can
qualify for assistance, waiving some matching requirements, and temporarily expanding
refinancing options under the 504/CDC program. It provided funding to extend SBA fee subsidies
and the 7(a) program’s 90% maximum loan guaranty percentage, made several changes to federal
contracting law to increase small business opportunities in federal contracting, and provided
about $12 billion in tax relief for small businesses. In addition, Congress approved legislation to
temporarily reduce, for calendar years 2011 and 2012, payroll taxes by two percentage points for
workers (including self-employed small business owners) who pay into Social Security.6466 The
NFIB has long advocated a reduction of federal payroll taxes as a means to reduce small business
expenses.6567
During the 112th Congress, many bills were introduced to enhance small business access to
capital, including bills to extend the SBA’s temporary fee subsidies and increase the 7(a)
program’s loan guaranty percentage to 90%.6668 Congress did not adopt legislation that directly
affected the SBA’s access to capital programs. Instead, it passed legislation designed to enhance
small business contracting opportunities, expand access to the SBA’s surety bond guarantee
program, amend the SBA’s size standard practices, require a review and reassessment of the
federal procurement small business goaling program, and expand small business mentor-protégé
programs.67
6264
P.L. 111-240, the Small Business Jobs Act of 2010, §4103. Small Business Lending Fund.
For further analysis see CRS Report R41385, Small Business Legislation During the 111th Congress, by Robert Jay
Dilger and Gary Guenther.
6466
P.L. 111-312, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, temporarily
reduced the payroll tax by two percentage points for calendar year 2011. P.L. 112-78, the Temporary Payroll Tax Cut
Continuation Act of 2011, extended the two percentage point payroll tax reduction through the first two months of
2012. P.L. 112-96, the Middle Class Tax Relief and Job Creation Act of 2012, extended the two percentage point
payroll tax reduction through the end of calendar year 2012.
6567
National Federation of Independent Business, “Payroll Tax Holiday,” Washington, DC, at http://www.nfib.com/
issues-elections/issues-elections-item/cmsid/49039/; and National Federation of Independent Business, “Tax Package
Compromise Represents a Big Victory for Small Business,” Washington, DC, at http://www.nfib.com/issues-elections/
issues-elections-item?cmsid=55506.
6668
For example, see H.R. 5851, the Increasing Small Business Lending Act of 2012 (112th Congress); and S. 1828, the
Increasing Small Business Lending Act of 2011 (112th Congress).
67
P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013.
63
Congressional Research Service
19
Small Business: Access to Capital and Job Creation
65
Congressional Research Service
19
Small Business: Access to Capital and Job Creation
federal procurement small business goaling program, and expand small business mentor-protégé
programs.69
The question before the 113th Congress is what, if any, additional action should the federal
government take to enhance small business access to capital? Should Congress decide to take
further action, three not necessarily mutually exclusive options are readily apparent.
First, Congress could adopt a wait-and-see strategy that focuses on congressional oversight of the
programmatic changes to the SBA’s programs that were enacted during the 111th and 112th
Congresses. Advocates of this approach could argue that small business credit markets have
generally improved over the past two years, the SBA’s lending has stabilized at pre-recession
levels, and the demand for small business loans is increasing. Therefore, it could be argued that
evaluating the impact of the programmatic changes to the SBA’s programs that were enacted
during the past two Congresses, especially given that economic conditions appear to be
improving, should take place before taking further congressional action to improve small business
access to capital.
Second, Congress could consider additional changes to the SBA’s programs in an effort to
enhance small business access to capital, such as considering a direct lending program, providing
additional funding for SBA fee subsidies and loan modifications, or increasing funding for SBA
programs. For example, during the 111th Congress, S. 3967, the Small Business Investment and
Innovation Act of 2010, would have authorized funding increases for the SBA’s training and
technical assistance programs, established a Rural Small Business Technology Pilot Program,
increased maximum loan limits for the SBA’s home and business disaster loan programs,
increased surety bond limits, and expanded eligibility for the SBA’s State Trade and Export
Promotion Grant Program to cities and other major metropolitan areas. Advocates of this
approach could argue that although small business credit markets have generally improved over
the past two years, as the Federal Reserve has asserted, those markets “remain quite stringent
following the prolonged and widespread tightening that took place [in 2008 and 2009].”6870
Third, Congress could consider the repeal of portions of the Small Business Jobs Act of 2010, or
other SBA programs. For example, on March 15, 2011, the House Committee on Small Business
approved its views and estimates for the concurrent resolution on the budget for FY2012. The
committee recommended that the SBA’s budget be “cut nearly $100 million.”6971 The committee
recommended that 14 programs, including several management and technical assistance training
programs, be defunded “because they duplicate existing programs at the SBA or at other
agencies” or “where there is an absence of any evidence that they will help small businesses
create new jobs.”7072 In its views and estimates letter for the FY2013 budget, the House Committee
on Small Business recommended, on March 7, 2012, that funding be reduced for several SBA
programs, including funding for 7(j) technical assistance, microloan technical assistance, and the
National Women’s Business Council. It also recommended that funding be eliminated for
Women’s Business Centers, Veterans Business Centers, Prime Technical Assistance, HUBZone
68
69
P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013.
Federal Reserve Board, “The April 2010 Senior Loan Officer Opinion Survey on Bank Lending Practices,”
Washington, DC, at http://www.federalreserve.gov/boarddocs/SnLoanSurvey/201005/default.htm.
6971
Representative Sam Graves, “Opening Statement for Views and Estimates Markup,” Washington, DC, March 15,
2011, at http://www.smallbusiness.house.gov/Calendar/EventSingle.aspx?EventID=227626.
7072
Ibid. For further information concerning the funding recommendations contained in the House Committee on Small
Business views and estimates for the concurrent resolution on the budget for FY2012 see U.S. Congress, House
Committee on Small Business, “Views and Estimates of the Committee on Small Business on Matters to be set forth in
the Concurrent Resolution on the Budget for FY2012, communication to the Chairman, House Committee on the
Budget,” 112th Cong., 1st sess., March 17, 2011, at http://smbiz.house.gov/UploadedFiles/
March_17_Views_and_Estimates_Letter.pdf.
70
Congressional Research Service
20
Small Business: Access to Capital and Job Creation
on Small Business recommended, on March 7, 2012, that funding be reduced for several SBA
programs, including funding for 7(j) technical assistance, microloan technical assistance, and the
National Women’s Business Council. It also recommended that funding be eliminated for
Women’s Business Centers, Veterans Business Centers, Prime Technical Assistance, HUBZone
outreach, the Office of Native American Affairs, and the Office of International Trade. It also
recommended that funding be eliminated for several SBA initiatives, including the Drug-Free
Workplace, Clusters, and National Veterans Entrepreneurial Training Program.7173
Advocates of this option argue that instead of increasing federal funding for the SBA, the federal
government should focus on small business tax reduction and federal fiscal restraint as the best
means to assist small business and foster increased levels of economic growth and job creation.72
7174
73
U.S. Congress, House Committee on Small Business, “Views and Estimates of the Committee on Small Business on
Matters to be set forth in the Concurrent Resolution on the Budget for FY2013, communication to the Chairman, House
Committee on the Budget,” 112th Cong., 1st sess., March 7, 2012 at http://smallbusiness.house.gov/uploadedfiles/
views_and_estimates_fy_2013.pdf.
7274
Susan Eckerly, “NFIB Responds to President’s Small Business Lending Initiatives,” Washington, DC, October 21,
2009, at http://www.nfib.com/newsroom/newsroom-item/cmsid/50080/; NFIB, “Government Spending,” Washington,
DC, at http://www.nfib.com/issues-elections/issues-elections-item/cmsid/49051/; and National Federation of
Independent Business, “Payroll Tax Holiday,” at http://www.nfib.com/issues-elections/issues-elections-item/cmsid/
49039/.
Congressional Research Service
21
Small Business: Access to Capital and Job Creation
Appendix. Selected Provisions in the Small
Business Jobs Act of 2010
Table A-1. Selected Provisions, the Small Business Jobs Act of 2010
Issue/Program
The Small Business Jobs Act of 2010
SBA 7(a) Program
increased the 7(a) Program’s loan limit from $2 million to
$5 million.
SBA 504 Program
increased the 504/CDC Program’s loan limits from
$1.5 million to $5 million for “regular” borrowers, from
$2 million to $5 million if the loan proceeds are directed
toward one or more specified public policy goals, and from
$4 million to $5.5 million for manufacturers; and
temporarily expanded for two years the eligibility for lowinterest refinancing under the SBA’s 504/CDC program for
qualified debt.
SBA Express Program
temporarily increased for one year the Express Program’s
loan limit from $350,000 to $1 million (expired on
September 26, 2011).
SBA Microloan Program
increased the Microloan Program’s loan limit for borrowers
from $35,000 to $50,000; and increased the loan limits for
Microloan intermediaries after their first year in the
program from $3.5 million to $5 million.
Temporary SBA fee subsidies and loan modifications
temporarily increased the SBA’s guaranty on 7(a) loans to
90% and provided for the elimination of selected fees on
the SBA’s 7(a) and 504 loans through December 31, 2010.
SBA secondary market
extended the SBA’s secondary market lending authority
under ARRA from 2 years from enactment to 2 years from
the first sale of a pool of first lien position 504 loans
guaranteed under this authority investor (which took place
on September 24, 2010).
SBA size standards
authorized the SBA to establish an alternative size standard
for the SBA’s 7(a) and 504 programs that would use
maximum tangible net worth and average net income; and
to established an interim alternative size standard of not
more than $15 million in tangible net worth and not more
than $2 million in average net income for the two full fiscal
years before the date of the application.
SBA International Trade Finance Program
increased the International Trade Finance Program’s loan
limit from $1.75 million, of which not more than
$1.25 million may be used for working capital, supplies, or
financings, to $4.5 million.
State Trade and Export Promotion Grant Program
established an associate administrator for the SBA’s Office
of International Trade and a state trade and export
promotion grant program.
Congressional Research Service
22
Small Business: Access to Capital and Job Creation
Issue/Program
Federal contracting
The Small Business Jobs Act of 2010
imposed contract bundling accountability measures directing
federal agencies to include in each solicitation for any
contract award above the agency’s substantial bundling
threshold a provision soliciting bids by small business teams
and joint ventures;
required federal agencies to publish on its website its policy
on contract bundling and consolidation, as well as a
rationale for any bundled contract solicited or awarded;
repealed the small business competitiveness demonstration
program; and
provided parity among the small business contracting
programs (including striking “shall” and inserting “may” in
15 U.S.C. 657a(b)(2)(B), which refers to the agency’s
discretion to provide contracting preference to HUBZone
small businesses).
Small Business Lending Fund
authorized the U.S. Treasury to make up to $30 billion of
capital investments ($4 billion was issued);
CBO estimated the program would raise $1.1 billion over
10 years.
State Small Business Credit Initiative Program
authorized $1.5 billion for the State Small Business Credit
Initiative Program.
SBA Intermediary Lending Pilot Program
authorized a three-year Intermediary Lending Pilot Program
to allow the SBA to make direct loans to not more than 20
eligible nonprofit lending intermediaries each year totaling
not more than $20 million. The intermediaries, in turn,
would be allowed to make loans to new or growing small
businesses, not to exceed $200,000 per business.
Capital gains taxation
temporarily raised to 100% the exclusion of gains on certain
small business stock from enactment to end of calendar
year.
Limitation on penalties for failure to disclose
reportable transactions
placed limitations on the penalty for failure to disclose
reportable transactions based on resulting tax benefits.
Deduction for start-up expenditures
increased the deduction for qualified start-up expenditures
from $5,000 to $10,000 in 2010, and the phaseout
threshold from $50,000 to $60,000 for 2010.
Business carry back
allowed general business credits of eligible small businesses
for 2010 to be carried back 5 years.
Alternative Minimum Tax
exempted general business credits of eligible small
businesses in 2010 from the alternative minimum tax.
Recognition period for built-In gains tax
allowed a temporary reduction in the recognition period for
built-in gains tax.
Expensing and Section 179 property
increased expensing limitations for 2010 and 2011; and
allowed certain real property to be treated as Section 179
property.
Depreciation
allowed additional first-year depreciation for 50% of the
basis of certain qualified property.
Deduction for health insurance costs
allowed the deduction for health insurance costs in
computing self-employment taxes in 2010.
Congressional Research Service
23
Small Business: Access to Capital and Job Creation
Issue/Program
The Small Business Jobs Act of 2010
Deduction for cellular telephones
removed cellular telephones and similar
telecommunications equipment from listed property so
their cost can be deducted or depreciated like other
business property.
Crude tall oil
made crude tall oil ineligible for the cellulosic biofuel
producer credit.
Section 561 of the Hiring Incentives to Restore
Employment Act
increased the percentage under Section 561 of the Hiring
Incentives to Restore Employment Act by 36 percentage
points.
Rental income reporting
required taxpayers that receive rental income from leasing
real property to file information returns to the IRS and to
service providers that report receiving payments of $600 or
more during the tax year for rental property expenses
(repealed by P.L. 112-9, the Comprehensive 1099 Taxpayer
Protection and Repayment of Exchange Subsidy
Overpayments Act of 2011).
Penalties for failing to file information returns to the
IRS
increased the penalties for failing to file information returns
to the IRS and to payees in a timely manner.
Treasury Department authority to apply a continuous
levy on federal contractors
expanded the Treasury Department’s authority to apply a
continuous levy to government payments to federal
contractors that owe the IRS for unpaid taxes to include
payments for property such as a new office building.
Current law allows the levy to be applied to payments for
goods and services only.
Predictive modeling to identify Medicaid waste, fraud,
and abuse
authorized the use of predictive modeling to identify and
prevent waste, fraud, and abuse in the Medicare fee-forservice program.
Roth Retirement Accounts
allowed participants in government Section 457 plans to
treat elective deferrals as Roth contributions; and
allowed rollovers from elective deferral plans to designated
Roth accounts.
Nonqualified annuities
allowed holders of nonqualified annuities (i.e., annuity
contracts held outside of a tax-qualified retirement plan or
IRA) to elect to receive a portion of the contract in the
form of a stream of annuity contracts, leaving the remainder
of the contract to accumulate income on a tax-deferred
basis.
Source: P.L. 111-240, the Small Business Jobs Act of 2010.
Author Contact Information
Robert Jay Dilger
Senior Specialist in American National Government
rdilger@crs.loc.gov, 7-3110
Congressional Research Service
24