Sec. 901. Broadening investment by the SBIC program
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It is the sense of Congress that the Office of Innovation and Investment should market to, engage with, and provide enhanced onboarding support to applicants for small business investment company licenses, with a priority to reach those companies that are managed by— women; socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) ); economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ); veterans, as defined in section 101 of title 38, United States Code; or individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census.
Part A of title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. ) is amended by adding at the end the following: In this section: The term covered investments means investments in— infrastructure, including— roads, bridges, and mass transit; water supply and sewer; the electrical grid; broadband and telecommunications; clean energy; or child care and elder care; manufacturing; low-income communities, as defined in section 45D(e) of the Internal Revenue Code of 1986;
HUBZones, as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); small business concerns owned and controlled by a member of an Indian Tribe individually identified (including parenthetically) in the most recent list published pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ); small business concerns owned and controlled by an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); small business concerns owned and controlled by a veteran, as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 ); or industries identified by the Administrator.
The term emerging manager company means an investment management firm that is focused on investing private equity and that meets not less than 2 of the following criteria: The partners of the firm have— an investment track record of less than 10 years of combined investment experience; or a documented record of successful business experience. The firm has a focus on underserved markets. The firm is not less than 50 percent owned, managed, or controlled by— women; socially disadvantaged individuals, as described in section 8(a)(5) of the Small Business Act ( 15 U.S.C. 637(a)(5) ); economically disadvantaged individuals, as described in section 8(a)(6)(A) of the Small Business Act ( 15 U.S.C. 637(a)(6)(A) ); veterans, as defined in section 101 of title 38, United States Code; individuals in rural or low-income areas, as determined by the Administrator using the most recently available data from the Bureau of the Census; or individuals with disabilities, as defined in section 49 of the Small Business Act.
The Administrator shall establish an emerging managers program pursuant to which managers with substantial experience in operating small business investment companies— may enter into a written agreement approved by the Administrator to provide guidance and assistance to an applicant for a license for a small business investment company license that is to be managed by an emerging manager company; and may hold a minority financial interest in the small business investment company described in paragraph (1).
An applicant described in subsection
(b)shall apply for a license under section 301(c) and shall— have private capital not to exceed $100,000,000; be managed by not less than two individuals; be a second generation fund or earlier; and focus its investment strategy on covered investments. The approval of a written agreement under subsection
(b)by the Administrator shall operate as a waiver of the requirements of section 303(b)(2)(B) to the extent that such section would otherwise apply. An existing small business investment company that enters into a written agreement under subsection
(b)may receive an increase in the maximum leverage cap of the company under section 303(b)(2)— under subparagraph
(A)of such section, with respect to a single license, by not more than $17,500,000; and under subparagraph
(B)of such section, with respect to multiple licenses under common control, by not more than $35,000,000. .
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Sec. 901
Broadening investment by the SBIC program
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