[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2232 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 135
119th CONGRESS
  1st Session
                                S. 2232

 To expand the surety bond program under the Small Business Investment 
                  Act of 1958, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2025

  Mr. Markey introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

                             July 30, 2025

                Reported by Ms. Ernst, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To expand the surety bond program under the Small Business Investment 
                  Act of 1958, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Expanding the Surety Bond 
Program Act of 2025''.</DELETED>

<DELETED>SEC. 2. EXPANSION OF THE SURETY BOND PROGRAM.</DELETED>

<DELETED>    Part B of title IV of the Small Business Investment Act of 
1958 (15 U.S.C. 694a et seq.) is amended--</DELETED>
        <DELETED>    (1) in section 411 (15 U.S.C. 694b)--</DELETED>
                <DELETED>    (A) in subsection (a)(1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), by 
                        striking ``$6,500,000'' and inserting 
                        ``$20,000,000''; and</DELETED>
                        <DELETED>    (ii) by striking subparagraph (B) 
                        and inserting the following:</DELETED>
                <DELETED>    ``(B) The Administrator may guarantee a 
                surety under subparagraph (A) for a total work order or 
                contract in an amount that does not exceed 
                $20,000,000.''; and</DELETED>
                <DELETED>    (B) in subsection (e)--</DELETED>
                        <DELETED>    (i) in paragraph (1), by striking 
                        the comma at the end and inserting a 
                        semicolon;</DELETED>
                        <DELETED>    (ii) in paragraph (2), by striking 
                        ``$6,500,000,'' and inserting ``the amount 
                        described in subparagraph (A) or (B) of 
                        subsection (a)(1), as applicable;''; 
                        and</DELETED>
                        <DELETED>    (iii) in paragraph (3), by 
                        striking ``, or'' and inserting ``; or''; 
                        and</DELETED>
        <DELETED>    (2) in section 412 (15 U.S.C. 694c)--</DELETED>
                <DELETED>    (A) in subsection (a), in the third 
                sentence, by striking ``, excluding administrative 
                expenses,'';</DELETED>
                <DELETED>    (B) by redesignating subsection (b) as 
                subsection (c); and</DELETED>
                <DELETED>    (C) by inserting after subsection (a) the 
                following:</DELETED>
<DELETED>    ``(b) Not more than 5 percent of the amount in the fund 
described in subsection (a) on the first day of each fiscal year may be 
obligated during that fiscal year to cover costs incurred by the 
Administration in connection with the management and administration of 
this part, including costs related to information technology and 
systems, personnel, outreach activities, and relevant 
contracts.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Expanding the Surety Bond Program 
Act of 2025''.

SEC. 2. EXPANSION OF THE SURETY BOND PROGRAM.

    Part B of title IV of the Small Business Investment Act of 1958 (15 
U.S.C. 694a et seq.) is amended--
            (1) in section 411 (15 U.S.C. 694b)--
                    (A) in subsection (a)(1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``$6,500,000'' and 
                                inserting ``$18,000,000''; and
                                    (II) by inserting ``, subject to 
                                the exception in subparagraph (B)'' 
                                after ``United States Code''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
    ``(B) (i) In any fiscal year in which the Administrator submits a 
formal request, including budget justification documents submitted by 
the Administrator to Congress, for supplemental funds under section 
412(d), the amount described in subparagraph (A) shall be reduced by 33 
percent.
    ``(ii) The limit described in clause (i) shall apply until the 
first of either--
            ``(I) 12 months after the date on which the Administrator 
        submits the formal request described in that clause; or
            ``(II) 150 days after the date on which--
                    ``(aa) the requested funds are provided, and the 
                Administrator attests that the fee collection 
                activities of the Administration are sufficient to 
                maintain a deficit-neutral revolving fund; or
                    ``(bb) the Administrator notifies Congress that 
                funds are no longer required and attests that the fee 
                collection activities of the Administration are 
                sufficient to maintain a deficit-neutral revolving 
                fund.
    ``(iii) After the expiration of the period described in clause 
(ii), the limit described in clause (i) shall revert to the amount 
designated in subparagraph (A).''; and
                    (B) in subsection (e)--
                            (i) in paragraph (1), by striking the comma 
                        at the end and inserting a semicolon;
                            (ii) in paragraph (2), by striking 
                        ``$6,500,000,'' and inserting ``the amount 
                        described in subparagraph (A) or (B)(i) of 
                        subsection (a)(1), as applicable;''; and
                            (iii) in paragraph (3), by striking ``, 
                        or'' and inserting ``; or'';
            (2) in section 412 (15 U.S.C. 694c)--
                    (A) in subsection (a), in the third sentence, by 
                striking ``, excluding administrative expenses,'';
                    (B) by redesignating subsection (b) as subsection 
                (c);
                    (C) by inserting after subsection (a) the 
                following:
    ``(b) Not more than 2 percent of the amount in the fund described 
in subsection (a) on the first day of each fiscal year may be obligated 
during that fiscal year to cover costs incurred by the Administration 
in connection with the management and administration of this part, 
including costs related to information technology and systems, outreach 
activities, and relevant contracts.''; and
                    (D) by adding at the end the following:
    ``(d) If the Administrator notifies any committee of the Senate or 
the House of Representatives that supplemental funding is necessary to 
carry out the Surety Bond Program authorized under section 411(a)(3), 
the Administrator shall, on the same date, notify in writing the 
Committee on Small Business and Entrepreneurship of the Senate and the 
Committee on Small Business of the House of Representatives regarding 
the need for the supplemental funds.''; and
            (3) by adding at the end the following:

``SEC. 413. REPORT.

    ``(a) Small Business Administration.--Not later than 90 days after 
the first day of each fiscal year, the Administrator shall submit to 
the Committee on Small Business and Entrepreneurship of the Senate and 
the Committee on Small Business of the House of Representatives a 
report covering the period of the previous fiscal year describing the 
status and activities carried out under this part and the financial 
health of the revolving fund created under section 412(a), which shall 
include--
            ``(1) with respect to guarantees under this part--
                    ``(A) the total dollar value in the aggregate among 
                all sureties;
                    ``(B) the total dollar value issued by sureties 
                participating in the Prior Approval Program;
                    ``(C) the total dollar value issued by sureties 
                participating in the Preferred Surety Bond Guarantee 
                Program authorized under section 411(a)(3);
                    ``(D) the average bond size; and
                    ``(E) the number of issued bonds that exceed the 
                limits established under subparagraphs (A) and (B) of 
                section 411(a)(1);
            ``(2) with respect to claims paid--
                    ``(A) the total dollar value of claims paid in the 
                aggregate;
                    ``(B) the total dollar value of claims originating 
                from bonds issued by sureties participating in the 
                Prior Approval Program and the number of such claims; 
                and
                    ``(C) the total dollar value of claims originating 
                from bonds issued by sureties participating in the 
                Preferred Surety Bond Guarantee Program authorized 
                under section 411(a)(3) and the number of such claims.
            ``(3) information on the solvency of the revolving fund, 
        including--
                    ``(A) the revolving fund balance at the end of the 
                reporting period;
                    ``(B) net cash flow;
                    ``(C) administrative expenses incurred; and
                    ``(D) the revolving fund balance at the end of the 
                reporting period, adjusted for administrative expenses 
                under subparagraph (C);
            ``(4) the number of sureties participating in the Prior 
        Approval Program;
            ``(5) the number of sureties participating in the Preferred 
        Surety Bond Guarantee Program authorized under section 
        411(a)(3); and
            ``(6) information on administrative expenses, including--
                    ``(A) a description of administrative expenses 
                claimed from the revolving fund under section 412(b) as 
                of the end of the reporting period; and
                    ``(B) the total cost of administrative expenses 
                claimed.
    ``(b) Government Accountability Office.--Not later than 270 days 
after the date of enactment of the Expanding the Surety Bond Program 
Act of 2025, the Comptroller General of the United States shall submit 
to the Committee on Small Business and Entrepreneurship of the Senate 
and the Committee on Small Business of the House of Representatives a 
report on the current processes of the Small Business Administration 
for approving applicants to the Surety Bond Program, including 
recommendations for improving program efficiency and simplifying 
paperwork requirements.''.
                                                       Calendar No. 135

119th CONGRESS

  1st Session

                                S. 2232

_______________________________________________________________________

                                 A BILL

 To expand the surety bond program under the Small Business Investment 
                  Act of 1958, and for other purposes.

_______________________________________________________________________

                             July 30, 2025

                       Reported with an amendment