I 118THCONGRESS 1 STSESSION H. R. 414 To amend the Small Business Act to establish a rural manufacturing forgivable loan program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY20, 2023 Mr. F INSTAD(for himself, Ms. CRAIG, Mr. AMODEI, Mr. JOHNSONof Ohio, and Mr. C ARTERof Georgia) introduced the following bill; which was re- ferred to the Committee on Small Business, and in addition to the Com- mittee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall with- in the jurisdiction of the committee concerned A BILL To amend the Small Business Act to establish a rural manu- facturing forgivable loan program, and for other pur- poses. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Investing in Rural 4 Manufacturing Act’’. 5 SEC. 2. RURAL MANUFACTURING LOANS. 6 (a) I NGENERAL.—Section 7(a) of the Small Busi-7 ness Act (15 U.S.C. 636(a)) is amended— 8 VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 414 IH (1) in paragraph (2)— 1 (A) in subparagraph (A), by striking ‘‘and 2 (F)’’ and inserting ‘‘(F), and (G)’’; and 3 (B) by adding at the end the following new 4 subparagraph: 5 ‘‘(G) P ARTICIPATION IN RURAL MANUFAC -6 TURING LOANS.—In an agreement to partici-7 pate in a loan on a deferred basis under para-8 graph (38), the participation by the Adminis-9 tration shall be 100 percent.’’; and 10 (2) by adding at the end the following new 11 paragraph: 12 ‘‘(38) R URAL MANUFACTURING LOANS .— 13 ‘‘(A) I N GENERAL.—The Administrator 14 may guarantee a loan made under this para-15 graph to a covered applicant for the purpose of 16 paying any eligible costs associated with the de-17 velopment of a business concern that manufac-18 tures goods essential to critical infrastructure 19 sectors in rural areas. 20 ‘‘(B) A PPLICATION.—A covered applicant 21 shall submit an application for a loan under 22 this paragraph which shall include a com-23 prehensive business plan that includes a goal 24 for the resulting number of jobs to be created 25 VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 414 IH at the site that will be developed or expanded 1 with the proceeds of such loan. 2 ‘‘(C) L OAN FORGIVENESS.—A covered ap-3 plicant shall be eligible for forgiveness of any 4 indebtedness on a loan made under this para-5 graph as follows: 6 ‘‘(i) If the covered applicant has met 7 75 percent or more of the job creation 8 goals of the comprehensive business plan 9 described in subparagraph (B) not later 10 than 5 years after the date of origination 11 of the loan. 12 ‘‘(ii) If the Administrator makes a de-13 termination that the covered applicant only 14 used loan proceeds for eligible costs, the 15 covered applicant shall receive loan forgive-16 ness in an amount— 17 ‘‘(I) less than or equal to an 18 amount that is 50 percent of the total 19 financing amount specified by the cov-20 ered applicant; and 21 ‘‘(II) less than or equal to max-22 imum amount allowable under para-23 graph (3)(A). 24 VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 414 IH ‘‘(D) IDENTIFICATION OF ADDITIONAL 1 CRITICAL INFRASTRUCTURE SECTORS .— 2 ‘‘(i) S TUDY.—Not later than 180 days 3 after the date of enactment of this para-4 graph, the Administrator shall complete a 5 study to identify any additional sectors to 6 be included in the definition of the term 7 ‘critical infrastructure sector’ under this 8 paragraph. 9 ‘‘(ii) P ROVISION OF LOANS PRIOR TO 10 COMPLETION OF STUDY .—The Adminis-11 trator may guarantee a loan made under 12 this paragraph before the completion of the 13 study required under clause (i). 14 ‘‘(iii) A DDITIONAL CRITICAL INFRA -15 STRUCTURE SECTORS .—The Administrator 16 may, at any time, take such actions as are 17 necessary to identify additional sectors to 18 be included in the definition of the term 19 ‘critical infrastructure sector’ under this 20 paragraph. 21 ‘‘(E) D EFINITIONS.—In this paragraph: 22 ‘‘(i) C OVERED APPLICANT.—The term 23 ‘covered applicant’ means a business 24 that— 25 VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 414 IH ‘‘(I) has a site located in rural 1 area industrial park, manufactures 2 goods that are essential to critical in-3 frastructure sectors at such site, and 4 intends to expand such site for pur-5 poses of employing a larger workforce 6 at such site; or 7 ‘‘(II) is developing a site located 8 in a rural area industrial park to 9 manufacture goods that are essential 10 to critical infrastructure sectors at 11 such site. 12 ‘‘(ii) C RITICAL INFRASTRUCTURE SEC -13 TOR.—The term ‘critical infrastructure 14 sector’ means— 15 ‘‘(I) each of the 16 critical infra-16 structure sectors designated in Presi-17 dential Policy Directive 21, titled 18 ‘Critical Infrastructure Security and 19 Resilience’ and published on February 20 12, 2013; 21 ‘‘(II) any additional sectors iden-22 tified pursuant to section 9002 of the 23 National Defense Authorization Act 24 VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 414 IH for Fiscal Year 2021 (6 U.S.C. 652a); 1 and 2 ‘‘(III) any additional sectors 3 identified by the Administrator pursu-4 ant to subparagraph (D). 5 ‘‘(iii) E LIGIBLE COSTS.—The term ‘el-6 igible costs’ means— 7 ‘‘(I) payroll, construction, permit-8 ting, and other capital costs associ-9 ated with— 10 ‘‘(aa) the development of a 11 site located in a rural area indus-12 trial park for a business that 13 manufactures goods that are es-14 sential to critical infrastructure 15 sectors at such site; and 16 ‘‘(bb) the expansion of such 17 a site for purposes of employing 18 a larger workforce at such site; 19 and 20 ‘‘(II) any other costs the Admin-21 istrator determines to be appro-22 priate.’’. 23 (b) A UTHORIZATION OFAPPROPRIATIONS.—There is 24 authorized to be appropriated to the Administrator of the 25 VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 414 IH Small Business Administration $2,000,000,000, which 1 shall be authorized to remain available until expended, to 2 carry out paragraph (38) of section 7(a) of the Small 3 Business Act (15 U.S.C. 636(a)), as added by subsection 4 (a). 5 (c) R ESCISSION.—Of the unobligated balances of 6 amounts made available under the heading ‘‘Small Busi-7 ness Administration—Business Loans Program Account, 8 CARES Act’’, for carrying out paragraphs (36) and (37) 9 of section 7(a) of the Small Business Act (15 U.S.C. 10 636(a)), $2,000,000,000 are hereby rescinded. 11 Æ VerDate Sep 11 2014 02:08 Jan 31, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H414.IH H414 kjohnson on DSK79L0C42PROD with BILLS