Strengthening Investment to Grow Manufacturing in America Act
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HR 3730 — Strengthening Investment to Grow Manufacturing in America Act
Last action — Referred to the Committee on Small Business, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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Died in session
This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Strengthening Investment to Grow Manufacturing in America Act This bill provides incentives, investment, and resources for U.S. small manufacturers. Specifically, the bill increases the maximum loan guarantee rate for Small Business Association (SBA) loans to manufacturers, and it increases the limit for loans to be used for plant acquisition, construction, conversion, and expansion. The bill also eliminates guarantee fees paid by small manufacturers for loans under $350,000 and reduces the fees on loans over that amount. For acquisition and construction loans, the bill reduces the financing requirement for small manufacturers and increases the allowable debt refinancing for facility expansions. Small manufacturers are further authorized to lease a greater percentage of their facility to obtain financing. In addition, the bill authorizes discount debentures to manufacturers and provides leverage capacity in the Small Business Investment Company program for investments in small manufacturers (1) in low or moderate income areas, rural areas, or areas of high unemployment; or (2) that are veteran-, minority-, or women-owned, have demonstrated employment growth, or are vital to national security. The bill further directs the SBA to use its existing resources to provide training and education to small manufacturers on how to navigate application processes for receiving assistance from SBA programs. Lastly, the bill directs the SBA to ensure its business loan programs provide adequate support for innovative technologies in manufacturing.
Bill Text
- Introduced Introduced in House Current html July 11, 2019
Sections of law this bill changes
8 sections in 3 lawsFrom the bill's own amending language, matched to the official United States Code (current through Public Law 119-124).
Aid to small business · 15 U.S.C. ch. 14A 1 section Amends the act as a whole
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§ 636 Additional powers Amends
15 U.S.C. § 636 — at 636(a)(2) and 636(a)(18)
The law today
(a) Loans to small business concerns; allowable purposes; qualified business; restrictions and limitations The Administration is empowered to the extent and in such amounts as provided in advance in appropriation Acts to make loans for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, and to make loans to any qualified small business concern, including those owned by qualified Indian tribes, for purposes of this chapter. Such financings may be made either directly or in cooperation with banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. These powers shall be subject, however, to the following restrictions, limitations, and provisions: (1) In general.— (A) Credit elsewhere.— (i) In general.— The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere. No financial assistance shall be extended pursuant to this subsection if the applicant can obtain credit elsewhere. No immediate participation may be purchased unless it is shown that a deferred participation is not available; and no direct financing may be made unless it is shown that a participation is not available. (ii) Liquidity.— On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the lender determines that the borrower is unable to obtain credit elsewhere solely because the liquidity of the lender depends upon the guaranteed portion of the loan being sold on the secondary market. (B) Background checks.— Prior to the approval of any loan made pursuant to this subsection, or section 503 of the Small Business Investment Act of 1958 [15 U.S.C. 697], the Administrator may verify the applicant’s criminal background, or lack thereof, through the best available means, including, if possible, use of the National Crime Information Center computer system at the Federal Bureau of Investigation. (C) Lending limits of lenders.— On and after October 1, 2015, the Administrator may not guarantee a loan under this subsection if the sole purpose for requesting the guarantee is to allow the lender to exceed the legal lending limit of the lender. (2) Level of participation in guaranteed loans.— (A) In general.— Except as provided in subparagraphs (B), (D), (E), and (F), in an agreement to participate in a loan on a deferred basis under this subsection (including a loan made under the Preferred Lenders Program), such participation by the Administration shall be equal to— (i) 75 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance exceeds $150,000; or (ii) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if such balance is less than or equal to $150,000. (B) Reduced participation upon request.— (i) In general.— The guarantee percentage specified by subparagraph (A) for any loan under this subsection may be reduced upon the request of the participating lender. (ii) Prohibition.— The Administration shall not use the guarantee percentage requested by a participating lender under clause (i) as a criterion for establishing priorities in approving loan guarantee requests under this subsection. (C) Interest rate under preferred lenders program.— (i) In general.— The maximum interest rate for a loan guaranteed under the Preferred Lenders Program shall not exceed the maximum interest rate, as determined by the Administration, applicable to other loans guaranteed under this subsection. (ii) Export-import bank lenders.— Any lender that is participating in the Delegated Authority Lender Program of the Export-Import Bank of the United States (or any successor to the Program) shall be eligible to participate in the Preferred Lenders Program. (iii) Preferred lenders program defined.— For purpose...170 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Small business investment program · 15 U.S.C. ch. 14B 4 sections Amends the act as a whole
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§ 662 Definitions Amends
15 U.S.C. § 662
The law today
As used in this chapter— (1) the term “Administration” means the Small Business Administration; (2) the term “Administrator” means the Administrator of the Small Business Administration; (3) the terms “small business investment company”, “company”, and “licensee” mean a company approved by the Administration to operate under the provisions of this chapter and issued a license as provided in section 681 of this title; (4) the term “State” includes the several States, the territories and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia; (5) the term “small-business concern” shall have the same meaning as in the Small Business Act [15 U.S.C. 631 et seq.], except that, for purposes of this chapter— (A) an investment by a venture capital firm, investment company (including a small business investment company) employee welfare benefit plan or pension plan, or trust, foundation, or endowment that is exempt from Federal income taxation— (i) shall not cause a business concern to be deemed not independently owned and operated regardless of the allocation of control during the investment period under any investment agreement between the business concern and the entity making the investment; (ii) shall be disregarded in determining whether a business concern satisfies size standards established pursuant to section 3(a)(2) of the Small Business Act [15 U.S.C. 632(a)(2)]; and (iii) shall be disregarded in determining whether a small business concern is a smaller enterprise; and (B) in determining whether a business concern satisfies net income standards established pursuant to section 3(a)(2) of the Small Business Act [15 U.S.C. 632(a)(2)], if the business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the sum of— (i) if the business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the net income (determined without regard to this subparagraph), multiplied by the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and (ii) the net income (so determined) less any deduction for State (and local) income taxes calculated under clause (i), multiplied by the marginal Federal income tax rate that would have applied if the business concern were a corporation; (6) the term “development companies” means enterprises incorporated under State law with the authority to promote and assist the growth and development of small-business concerns in the areas covered by their operations; (7) the term “license” means a license issued by the Administration as provided in section 681 of this title; (8) the term “articles” means articles of incorporation for an incorporated body and means the functional equivalent or other similar documents specified by the Administrator for other business entities; (9) the term “private capital”— (A) means the sum of— (i) the paid-in capital and paid-in surplus of a corporate licensee, the contributed capital of the partners of a partnership licensee, or the equity investment of the members of a limited liability company licensee; and (ii) unfunded binding commitments, from investors that meet criteria established by the Administrator, to contribute capital to the licensee: Provided, That such unfunded commitments may be counted as private capital for purposes of approval by the Administrator of any request for leverage, but leverage shall not be funded based on such commitments; (B) does not include any— (i) funds borrowed by a licensee from any source; (ii) funds obtained through the issuance of leverage; or (iii) funds obtained directly or...9 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 683 Borrowing operations Amends
15 U.S.C. § 683 — at 683(b)(2)
The law today
(a) Authority to issue obligations Each small business investment company shall have authority to borrow money and to issue its securities, promissory notes, or other obligations under such general conditions and subject to such limitations and regulations as the Administration may prescribe. (b) Debentures and participating securities To encourage the formation and growth of small business investment companies the Administration is authorized when authorized in appropriation Acts, to purchase, or to guarantee the timely payment of all principal and interest as scheduled on, debentures or participating securities issued by such companies. Such purchases or guarantees may be made by the Administration on such terms and conditions as it deems appropriate, pursuant to regulations issued by the Administration. The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any guarantee under this subsection. Debentures purchased or guaranteed by the Administration under this subsection shall be subordinate to any other debenture bonds, promissory notes, or other debts and obligations of such companies, unless the Administration in its exercise of reasonable investment prudence and in considering the financial soundness of such company determines otherwise. Such debentures may be issued for a term of not to exceed fifteen years and shall bear interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities on such debentures, adjusted to the nearest one-eighth of 1 percent, plus, for debentures obligated after September 30, 2001, an additional charge, in an amount established annually by the Administration, as necessary to reduce to zero the cost (as defined in section 661a of title 2) to the Administration of purchasing and guaranteeing debentures under this chapter, which amount may not exceed 1.38 percent per year, and which shall be paid to and retained by the Administration. The debentures or participating securities shall also contain such other terms as the Administration may fix, and shall be subject to the following restrictions and limitations: (1) The total amount of debentures and participating securities that may be guaranteed by the Administration and outstanding from a company licensed under section 681(c) of this title shall not exceed 300 per centum of the private capital of such company: Provided, That nothing in this paragraph shall require any such company that on March 31, 1993, has outstanding debentures in excess of 300 per centum of its private capital to prepay such excess: And provided further, That any such company may apply for an additional debenture guarantee or participating security guarantee with the proceeds to be used solely to pay the amount due on such maturing debenture, but the maturity of the new debenture or security shall be not later than September 30, 2002. (2) Maximum leverage.— (A) In general.— The maximum amount of outstanding leverage made available to any one company licensed under section 681(c) of this title may not exceed the lesser of— (i) 200 percent of such company’s private capital; or (ii) (I) with respect to such a company that makes quarterly or semiannual interest payments $250,000,000; or (II) $175,000,000 with respect to any other company licensed under section 681(c) of this title. (B) Multiple licenses under common control.— The maximum amount of outstanding leverage made available to two or more companies licensed under section 681(c) of this title that are commonly controlled (as determined by the Administrator) and not under capital impairment may not exceed— (i) with respect to such companies that are commonly controlled and that make quarterly or semiannual interest payments, $475,000,000; or ...15 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 696 Loans for plant acquisition, construction, conversion and expansion Amends
15 U.S.C. § 696 — at 696(2)(A)(iii), 696(3)(C), 696(5), 696(3)(E)(i), 696(7)(B), and 696(3)(C)(i)
The law today
The Administration may, in addition to its authority under section 695 of this title, make loans for plant acquisition, construction, conversion or expansion, including the acquisition of land, to State and local development companies, and such loans may be made or effected either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis: Provided, however, That the foregoing powers shall be subject to the following restrictions and limitations: (1) Use of proceeds.— The proceeds of any such loan shall be used solely by the borrower to assist 1 or more identifiable small business concerns and for a sound business purpose approved by the Administration. (2) Maximum amount.— (A) In general.— Loans made by the Administration under this section shall be limited to— (i) $5,000,000 for each small business concern if the loan proceeds will not be directed toward a goal or project described in clause (ii), (iii), (iv), or (v); (ii) $5,000,000 for each small business concern if the loan proceeds will be directed toward 1 or more of the public policy goals described under section 695(d)(3) of this title; (iii) $5,500,000 for each project of a small manufacturer; (iv) $5,500,000 for each project that reduces the borrower’s energy consumption by at least 10 percent; and (v) $5,500,000 for each project that generates renewable energy or renewable fuels, such as biodiesel or ethanol production. (B) Definition.— As used in this paragraph, the term “small manufacturer” means a small business concern— (i) the primary business of which is classified in sector 31, 32, or 33 of the North American Industrial Classification System; and (ii) all of the production facilities of which are located in the United States. (3) Criteria for assistance.— (A) In general.— Any development company assisted under this section or section 697 of this title must meet the criteria established by the Administration, including the extent of participation to be required or amount of paid-in capital to be used in each instance as is determined to be reasonable by the Administration. (B) Community injection funds.— (i) Sources of funds.— Community injection funds may be derived, in whole or in part, from— (I) State or local governments; (II) banks or other financial institutions; (III) foundations or other not-for-profit institutions; or (IV) the small business concern (or its owners, stockholders, or affiliates) receiving assistance through a body authorized by this subchapter. (ii) Funding from institutions.— Not less than 50 percent of the total cost of any project financed pursuant to clauses 1 (i), (ii), or (iii) of subparagraph (C) shall come from the institutions described in subclauses (I), (II), and (III) of clause (i). (C) Funding from a small business concern.— The small business concern (or its owners, stockholders, or affiliates) receiving assistance through a body authorized by this subchapter shall provide— (i) at least 15 percent of the total cost of the project financed, if the small business concern has been in operation for a period of 2 years or less; (ii) at least 15 percent of the total cost of the project financed if the project involves the construction of a limited or single purpose building or structure; (iii) at least 20 percent of the total cost of the project financed if the project involves both of the conditions set forth in clauses (i) and (ii); or (iv) at least 10 percent of the total cost of the project financed, in all other circumstances, at the discretion of the development company. (D) Seller financing.— Seller-provided financing may be used to meet the requirements of subparagraph (B), if the seller subordinates the interest of the seller in the property to the debenture guaranteed by the Administration. (E) Collateralization.— (i) In general.— The collateral provided by the small business concern shall generally include a subordinate lien position on t...31 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
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§ 697 Development company debentures Amends
15 U.S.C. § 697 — at 697(a)
The law today
(a) Guarantees; Administration authority; regulatory terms and conditions; full faith and credit; subordination of debentures (1) Except as provided in subsection (b), the Administration may guarantee the timely payment of all principal and interest as scheduled on any debenture issued by any qualified State or local development company. (2) Such guarantees may be made on such terms and conditions as the Administration may be regulation determine to be appropriate: Provided, That the Administration shall not decline to issue such guarantee when the ownership interests of the small business concern and the ownership interests of the property to be financed with the proceeds of a loan made pursuant to subsection (b)(1) are not identical because one or more of the following classes of relatives have an ownership interest in either the small business concern or the property: father, mother, son, daughter, wife, husband, brother, or sister: Provided further, That the Administrator or his designee has determined on a case-by-case basis that such ownership interest, such guarantee, and the proceeds of such loan, will substantially benefit the small business concern. (3) The full faith and credit of the United States in pledged to the payment of all amounts guaranteed under this subsection. (4) Any debenture issued by any State or local development company with respect to which a guarantee is made under this subsection, may be subordinated by the Administration to any other debenture, promissory note, or other debt or obligation of such company. (b) Statutory terms and conditions No guarantee may be made with respect to any debenture under subsection (a) unless— (1) such debenture is issued for the purpose of making one or more loans to small business concerns, the proceeds of which shall be used by such concern for the purposes set forth in section 696 of this title; (2) necessary funds for making such loans are not available to such company from private sources on reasonable terms; (3) the interest rate on such debenture is not less than the rate of interest determined by the Secretary of the Treasury for purposes of section 683(b) of this title; (4) the aggregate amount of such debenture does not exceed the amount of loans to be made from the proceeds of such debenture (other than any excess attributable to the administrative costs of such loans); (5) the amount of any loan to be made from such proceeds does not exceed an amount equal to 50 percent of the cost of the project with respect to which such loan is made; (6) the Administration approves each loan to be made from such proceeds; and (7) with respect to each loan made from the proceeds of such debenture, the Administration— (A) assesses and collects a fee, which shall be payable by the borrower, in an amount established annually by the Administration, which amount shall not exceed— (i) the lesser of— (I) 0.9375 percent per year of the outstanding balance of the loan; and (II) the minimum amount necessary to reduce the cost (as defined in section 661a of title 2) to the Administration of purchasing and guaranteeing debentures under this chapter to zero; and (ii) 50 percent of the amount established under clause (i) in the case of a loan made during the 2-year period beginning on October 1, 2002, for the life of the loan; and (B) uses the proceeds of such fee to offset the cost (as such term is defined in section 661a of title 2) to the Administration of making guarantees under subsection (a). (c) Commercial loan interest rate (1) The purpose of this subsection is to facilitate the orderly and necessary flow of long-term loans from certified development companies to small business concerns. (2) Notwithstanding the provisions of the constitution or laws of any State limiting the rate or amount of interest which may be charged, taken, received, or reserved, the maximum legal rate of interest on any commercial loan which funds any portion of the cost of the project financed pu...13 other bills also change this section · Follow it → Official text at uscode.house.gov ↗
Technology innovation · 15 U.S.C. ch. 63 Amends the act as a whole
Also cites: 2 U.S.C. § 661a, 15 U.S.C. § 637, 15 U.S.C. § 648, 15 U.S.C. § 656, 15 U.S.C. § 657b, 15 U.S.C. § 3721, 15 U.S.C. § 3722, 31 U.S.C. § 1105, 38 U.S.C. § 101
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill enhances loan guarantee provisions and eligibility requirements for small manufacturers under the Small Business Act and the Small Business Investment Act of 1958.
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15 U.S.C. 636(a)(2)
and (E)→ (E), and (F)This change adds a new category for manufacturers in the loan participation agreement, increasing the maximum participation for their loans.
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15 U.S.C. 636(a)(2)
(F) Participation for manufacturers.-- (i) In general.--In an agreement to participate in a loan on a deferred basis under this subsection for a small business concern assigned to a North American Industry Classification System code for manufacturing or that is designated by the Administrator under clause (ii), the participation by the Administration shall be 90 percent. (ii) Addition of advanced manufacturing sectors.--After submitting notice to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives, the Administrator may designate a North American Industry Classification System code for purposes of clause (i) if the Administrator determines the code-- (I) is not a manufacturing code under the North American Industry Classification System; and (II) corresponds to a sector in which manufacturing is a considerable component of the operations of a small business concern, as determined by the Administrator, including advanced manufacturing.
This clause establishes that the SBA may guarantee 90% of loans for manufacturers, thereby increasing financial support for small manufacturers.
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15 U.S.C. 636(a)(18)
With respect→ Except as provided in subparagraph (C), with respectThis change clarifies conditions under which guarantee fees apply to loan guarantees.
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15 U.S.C. 636(a)(18)
(C) Manufacturers.-- (i) In general.--Subject to clause (ii), with respect to a loan guaranteed under this subsection for a small business concern described in paragraph (2)(F)(i)-- (I) the Administration may not collect a guarantee fee under this paragraph for a loan of not more than $350,000; and (II) for a loan of more than $350,000, the Administration shall collect a guarantee fee under this paragraph equal to 50 percent of the guarantee fee that the Administration would otherwise collect for the loan.
This provision reduces or eliminates guarantee fees for loans to small manufacturers, making loans more accessible.
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15 U.S.C. 696(2)(A)(iii)
$5,500,000→ $10,000,000This amendment increases the maximum loan amount to small manufacturers to $10 million, facilitating larger projects.
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15 U.S.C. 696(3)(C)
at least 15 percent of the total cost of the project financed→ at least 5 percent of the total cost of the project financedThis change reduces the required contribution from small manufacturers for funded projects, easing financing requirements.
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15 U.S.C. 695(e)(1)
creates or retains→ creates or retains 1 job for every $75,000 guaranteed by the Administration, except that the amount is $150,000 in the case of a project of a small manufacturer.This establishes a less stringent job creation standard for small manufacturers.
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15 U.S.C. 696(5)
In addition→ (A) In general.--Except as provided in subparagraph (B), in additionThis change sets a standard occupancy requirement while allowing exceptions for small manufacturers.
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15 U.S.C. 696(3)(E)(i)
Additional collateral shall not be required in the case of a small manufacturer (as defined in section 501(e)(7)).
This exemption allows small manufacturers to obtain loans without requiring additional collateral, improving access to funds.
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15 U.S.C. 696(7)(B)
(or in the case of a small manufacturer (as defined in section 501(e)(7)) that does not exceed 100 percent of the project cost of the expansion)
This provision facilitates debt refinancing for small manufacturers.
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15 U.S.C. 697(a)
Any debenture issued by a State or local development company to a small manufacturer (as defined in section 501(e)(7)) with respect to which a guarantee is made under this subsection shall be in an amount equal to not more than 50 percent of the cost of the project with respect to which such debenture is issued, without regard to whether good cause has been shown.
This provides clarity on agreements related to debenture issuance for small manufacturers.
Action History
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Introduced in House
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Introduced in House
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Referred to the Committee on Small Business, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Small Business, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsors
- Tim Ryan · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Ryan, Tim Democratic
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does HR 3730 do?
- Strengthening Investment to Grow Manufacturing in America Act This bill provides incentives, investment, and resources for U.S. small manufacturers. Specifically, the bill increases the maximum loan guarantee rate for Small Business Association (SBA) loans to manufacturers, and it increases the limit for loans to be used for plant acquisition, construction, conversion, and expansion. The bill also eliminates guarantee fees paid by small manufacturers for loans under $350,000 and reduces the fees on loans over that amount. For acquisition and construction loans, the bill reduces the financing requirement for small manufacturers and increases the allowable debt refinancing for facility expansions. Small manufacturers are further authorized to lease a greater percentage of their facility to obtain financing. In addition, the bill authorizes discount debentures to manufacturers and provides leverage capacity in the Small Business Investment Company program for investments in small manufacturers (1) in low or moderate income areas, rural areas, or areas of high unemployment; or (2) that are veteran-, minority-, or women-owned, have demonstrated employment growth, or are vital to national security. The bill further directs the SBA to use its existing resources to provide training and education to small manufacturers on how to navigate application processes for receiving assistance from SBA programs. Lastly, the bill directs the SBA to ensure its business loan programs provide adequate support for innovative technologies in manufacturing.
- Who sponsors HR 3730?
- HR 3730 is sponsored by Ryan, Tim (Democratic).
- What is the current status of HR 3730?
- This bill died with 116th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HR 3730?
- Track HR 3730 free on One Click Politics — get push/email alerts when it moves.
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