Summary: H.R.4062 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

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Public Law No: 108-217 (04/05/2004)

(This measure has not been amended since it was introduced. The expanded summary of the House passed version is repeated here.)

(Sec. 1) Extends through June 4 (currently, April 2), 2004, under the same terms and conditions, the authorization for any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act (the Act) or the Small Business Investment Act of 1958 (SBIA) as of September 30, 2003.

(Sec. 2) Amends the SBIA to extend through FY 2004 (currently, May 21, 2004) the authority of the Small Business Administration (SBA) to charge and collect certain fees in connection with the guarantee of development company debentures under the small business investment program.

(Sec. 3) Amends the Act to authorize the SBA to make specified amounts in purchases of participating securities and guarantees of debentures under the SBIA small business investment company program.

(Sec. 4) Provides that, during the period beginning on the enactment of this Act and ending on September 30, 2004, in the case of any combination financing by a small business (receiving a loan guaranteed by the SBA and a commercial loan, no portion of which is guaranteed by the Federal Government), the amount of the commercial loan shall not exceed the gross amount of the guaranteed loan which is part of the financing. Allows the commercial loan to be: (1) made by the lender providing the guaranteed financing or by a different lender; (2) secured by a senior lien; and (3) made by a lender in the Preferred Lenders Program. Requires a fee to be paid by the lender to the SBA if the commercial loan has a senior credit position to that of the guaranteed loan.

(Sec. 5) Directs the SBA Administrator, during the same period as above, to assess and collect a loan guarantee fee, which shall be a percentage of the outstanding balance of the deferred participation share of the loan. Terminates, during such period, the authority of lenders under SBA-guaranteed loans to retain any loan guarantee fees collected.

(Sec. 6) Limits the authority to make Express Loans to those lenders deemed qualified by the Administrator. Increases, until the end of FY 2004, the maximum loan amount under the Express Loan Pilot Program. Gives a qualified lender the option to participate in such Program.

(Sec. 7) Continues through FY 2004 current SBA guaranteed loan deferred participation standards.

(Sec. 8) Provides through FY 2004: (1) an increase in SBA guaranteed loan limits; and (2) an additional loan guarantee fee.