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5/12/2020

Written Testimony by Counselor Gene Sperling before the Committee on Financial Services on “Initiatives to Promote Small Business Le…

U.S. DEPARTMENT OF THE TREASURY
Press Center

Written Testimony by Counselor Gene Sperling before the Committee on Financial
Services on “Initiatives to Promote Small Business Lending, Jobs and Economic
Growth”
5/18/2010

TG-703
Chairman Frank, Ranking Member Bachus, Members of the Committee, I appreciate the opportunity to discuss the topic of small business
lending and job creation today.
There are few things as important for a strong recovery as ensuring that small businesses have the ability to access credit, make
investments and create new jobs. One of the brutal facts of the financial crisis is that the actions of the irresponsible have hurt so many
innocent Americans who did act responsibly– including hundreds of thousands of small business owners across the country. As Secretary
Geithner wrote last year, the decisions that led to the financial crisis "have caused enormous suffering, and much of the damage has fallen
on ordinary Americans and small-business owners who were careful and responsible. This is fundamentally unfair, and Americans are
justifiably angry and frustrated." Secretary Geithner and the Administration recognize that the continued challenges small businesses face
in accessing the credit they need to keep their businesses afloat or expand as the economy improves are not only unjust, but also work
against the kind of recovery we need to create jobs again.
Indeed, during the past recession, small business employment went down less than employment at larger firms, and then began growing
faster during the recovery. In this recession, however, smaller firms have struggled more than larger firms to gain jobs. Data analyzed by
Treasury's Assistant Secretary for Economic Policy and Chief Economist Alan Krueger reveals that between July 2009 and February 2010,
establishments with fewer than 50 employees lost, on average, 158,000 jobs a month, while establishments with more than 250
employees gained about 32,000 jobs a month.
As the National Federation of Independent Business' monthly survey of small businesses shows, the number one economic concern
facing small businesses is poor sales stemming from a lack of demand from consumers – with 29 percent reporting in April that it was their
most important problem. But beneath this headline is the clear fact that many small businesses – including many of those who are also
struggling due to poor sales – want to borrow, but cannot. According to a special NFIB supplement on credit published this February,
among small businesses that sought to borrow last year, 45 percent were unable to get all the credit they wanted. Similarly, the National
Small Business Association reported that 39 percent of small businesses were not able to get adequate financing. This suggests that even
as the recovery emerges and sales pick up, creditworthy small businesses may struggle to expand and create jobs because they are
unable to borrow.
Since before the day the President took office – at a point when the alarming extent of the credit crunch for small businesses had become
very clear – this Administration has sought to put forward a comprehensive agenda to ensure small businesses could borrow, expand and
create jobs. We started with tax cuts, including provisions in the Recovery Act that allowed small businesses to write off up to $250,000 in
investments, carry back their net operating losses five years, use "bonus depreciation" to accelerate the rate at which they can deduct the
cost of capital expenditures, and have 75 percent of capital gains on qualified small business investments excluded from taxation. In
addition, through the Making Work Pay tax credit, the vast majority of small business owners received a tax cut.
At the beginning of this Administration, Treasury and SBA also worked together to address a severe decline in SBA lending. While annual
SBA loan volume in recent years had been about $20 billion per year, at the beginning of 2009, SBA lending was on pace to potentially fall
below $10 billion. The secondary market on which SBA loans are bought and sold had frozen, removing a key source of liquidity that
allowed banks to extend new credit. As a result, we recognized we would need a coordinated response of strong measures to jumpstart
SBA lending through the Recovery Act, combined with a commitment to unfreeze the secondary market--which many banks rely on for
liquidity to make new 7(a) loans. Treasury worked with the Small Business Administration to secure passage of higher guarantees for
qualifying 7(a) loans and reduced fees for both 7(a) and 504 loans under the Recovery Act, while announcing an effort to directly purchase
securities backed by SBA loans and improving the terms under the Term Asset-Backed Securities Loan Facility to help unlock the
secondary market.

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5/12/2020

Written Testimony by Counselor Gene Sperling before the Committee on Financial Services on “Initiatives to Promote Small Business Le…

These efforts had their intended effect. By creating confidence that there would be a buyer of last resort, the improved terms for securities
backed by SBA loans under TALF, combined with the March 2009 announcement of the SBA securities purchase program, helped to
unfreeze the secondary market. Indeed, some market participants noted that the simple announcement of these efforts had a positive
impact in restarting the market. In January and February 2009, the volume of loans settled from lenders to broker-dealers on the
secondary market for SBA loans averaged $112 million – about one-third of the 2008 pre-crisis average of $328 million. By May 2009,
activity had returned to $325 million, and monthly volume since has averaged $336 million. Combined with the Recovery Act provisions
increasing guarantees and reducing fees – implemented under the leadership of SBA Administrator Karen Mills –these improvements
have helped SBA weekly loan volumes increase by over 90 percent relative to the weeks before the Recovery Act passed and
encouraged nearly 1,300 lenders that had not made a SBA loan since 2007 to do so.
In the months since, we have continued to take action to support small business job creation. The comprehensive health reform that
passed as part of the Affordable Care Act included a Small Business Health Care Tax Credit – effective immediately – that will help small
businesses afford the cost of covering their workers, saving smaller firms $40 billion by 2019. At the same time, health care reform will, by
2014, allow firms with 100 or fewer workers to pool their purchasing power. These policies will also reduce the unfair burdens these
employers face in the small group market and lower administrative costs by allowing them to buy insurance through an exchange, while
bringing down the cost of treating the uninsured that adds a "hidden tax" of over $1,000 to every family's health care premium.
We have also worked with Congress to pass additional tax relief for small businesses to encourage job creation and investment. As part of
the HIRE Act signed into law earlier this year, the Administration extended Recovery Act expensing provisions for small businesses that
increased the amount of capital expenditures small businesses could write off to $250,000, while creating a new tax credit for businesses
that hire and retain workers that were previously unemployed.
More broadly, by stabilizing the financial system, the efforts taken under TARP prevented what might otherwise have been a more severe
contraction in credit to small businesses and a much deeper recession. Among smaller banks – which have generally maintained lending
to a much greater degree than their larger counterparts, and are the most focused on small business lending – those that participated in
the Capital Purchase Program (CPP) outperformed those that did not with respect to lending. Treasury's analysis of Call Report data
finds that for banks with assets less than $1 billion, the median growth of total loans for CPP banks from the third quarter of 2008 to the
fourth quarter of 2009 was 4.1 percent, compared to a median rate of 2.3 percent among non-CPP banks. Likewise, the efforts to stabilize
the financial system and stimulate a recovery – which helped an economy that had contracted at an average annual rate of -5.9 percent in
Q42008/Q12009 shift to an average annual growth rate of 4.4 percent during the past two quarters – prevented what would have been a
much steeper decline in lending and in sales for small businesses.
Yet while these measures have certainly made conditions for small business significantly better than they would have been in their
absence, the President and his economic team believe that credit availability remains a serious problem requiring significantly more to be
done. According to the Federal Reserve Senior Loan Officer Opinion Survey, lenders reported 13 straight quarters of net tightening loan
standards for small firms prior to last quarter, when they reported no net tightening or loosening – an improvement, but one that suggests
that lending remains constrained given the prolonged tightening over the course of the crisis. The pullback in lending among larger banks
has been particularly disappointing – especially, as the President said in December, since " given the difficulty businesspeople are having
as lending has declined, and given the exceptional assistance banks received to get them through a difficult time, we expect them to
explore every responsible way to help get our economy moving again." And while large businesses have also been impaired by these
credit constraints, this tightening has had a more significant impact on small businesses. Large businesses rely on banks for only 30
percent of their financing. Many have been able to access other sources of credit and benefit from the recovery in the corporate bond
market. Small businesses, on the other hand, rely on banks for 90 percent of their financing, leaving them with few alternatives as lenders
tighten their standards. Indeed, the combination of constrained credit conditions, reduced sales and declines in the value of real estate
collateral has led many small businesses to face a "perfect storm" that continues to hinder their ability to grow and create new jobs.
Throughout 2009, the Administration continued to explore additional ways to use Treasury's authority under TARP to support lending to
small businesses. Unfortunately, we found that fear of stigma and retroactive punitive measures made community and smaller banks
increasingly unwilling to take part in any TARP program. Indeed, we started seeing this trend even earlier in 2009, when over 600 banks
withdrew their applications to participate in the CPP – many citing these concerns about TARP stigma or retroactive restrictions. This fear
of becoming a TARP recipient became even more pronounced last November when Congress chose to disqualify any bank that had
participated in TARP from receiving the benefits of net operating loss carrybacks.
The sole exception appeared to be Community Development Financial Institutions. Because they alone stressed to us that they were
willing to participate in a TARP facility, Treasury moved forward with the new Community Development Capital Initiative (CDCI). The
results so far have been very encouraging, as we understand well over 100 banks, thrifts and credit unions have applied to their regulators
to participate in the CDCI program since it was launched earlier this year.
We have also put serious work into exploring whether there would be a way to use TARP funds to help small businesses – outside of
CDFIs – without requiring that small banks be labeled "TARP recipients." However, after much effort and consideration, we determined we
had no choice but to seek new legislation to enable us to help the flow of small business credit -- and in turn, small business expansion
and job creation -- through efforts completely outside of and separate from TARP. In that light, the Administration has sought to work with
Congress to pursue a comprehensive small business jobs package that would include the following elements:

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5/12/2020

Written Testimony by Counselor Gene Sperling before the Committee on Financial Services on “Initiatives to Promote Small Business Le…

1)
Additional tax incentives to encourage small business investment, including a 100% elimination of capital gains taxes on certain
small business investments
2)

A temporary extension of successful Recovery Act provisions that increased SBA guarantees and eliminated fees

3)
An expansion of SBA loan products, including an increase in the maximum loan size of loans under the 7(a), 504 and microloan
programs and an expansion of refinancing of owner-occupied commercial real estate under the 504 program
4)
New proposals we are discussing with Chairwoman Nydia Velazquez to strengthen programs at the SBA that bring creditworthy
small business borrowers off the sidelines and support financing for small businesses, including those in their earliest stages of growth
5)
An expansion and improvement of the New Markets Tax Credit (NMTC) to support lending in the hardest-hit communities as
proposed in the Administration's budget – by extending the NMTC through 2011 with $5 billion in authority, allowing the NMTC to offset
the Alternative Minimum Tax (AMT) to put it on equal footing with other similar credits, and enhancing the credit so it works better for small
businesses
6)
The creation of a new Small Business Lending Fund that would invest capital in community and smaller banks with strong built-in
incentives to increase lending
7)
A new State Small Business Credit Initiative that would strengthen innovative state programs, supporting $10 in small business
lending for every $1 in Federal funding
Today, I'd like to discuss these last two provisions at greater length.
First, the Administration earlier this year put forward a proposal to create a new $30 billion Small Business Lending Fund. This fund –
which would be established entirely separate from TARP – would provide capital to community and smaller banks whose commercial
lending is already concentrated among smaller loans, structured with incentives to increase that lending. By providing $30 billion in capital
to these banks, the fund could support several multiples of that amount in new lending. However, I want to focus in particular on five key
features of the fund and its design that we believe will make it a cost-effective means of supporting small business lending:
1)
The Program Is Limited to Smaller Banks That Traditionally Focus Their Business Lending on Small Businesses: As
designed, the program would be open only for banks with less than $10 billion in total assets – with the fund providing up to 5 percent of
risk-weighted assets to banks smaller than $1 billion in total assets, and up to 3 percent of risk-weighted assets to banks between $1
billion and $10 billion in total assets. These banks are the lenders most focused on small business lending: among their commercial and
industrial (C&I), owner-occupied commercial real estate and farm lending, about two-thirds of their loan volume is extended through the
smallest loans. [1]
2)
The Smaller Banks Targeted By This Program Have Dramatically Outperformed Larger Banks in Maintaining Lending to
Small Businesses: While smaller banks have unquestionably been challenged by the financial crisis, they have also dramatically
outperformed larger banks in maintaining lending to small businesses during the crisis. For instance, as the chart below illustrates,
commercial and industrial (C&I) and commercial real estate lending at banks with less than $1 billion in assets grew at an average annual
rate of 3.5 percent for the eight quarters ending with the 4 th quarter of 2009, while lending at banks with more than $10 billion in assets
contracted at an average annual rate of 8.1 percent: [2]
3)
Performance-Based Incentives Target Benefits Only to Those Banks That Increase Lending Over 2009 Levels: The dividend
rates banks pay on SBLF capital would start at 5 percent, but would be set to provide an incentive to increase lending over a baseline set
using 2009 data. This baseline would not only include standard C&I and owner-occupied real estate loans, but also encourage banks to
increase lending to farmers and agricultural businesses as well. Lenders could reduce their dividend rate to as low as 1 percent – but only
if they increased lending by at least 10 percent over that baseline. This design establishes a clear, reliable metric of measuring changes in
lending before and after banks enter the program, while ensuring that the incentives only go to those banks that use capital to extend
more credit. At the same time, lenders that receive the lower dividend rate will be able to "pass through" the lower cost of funds to their
borrowers by offering reduced rates on new loans – potentially bringing new borrowers off the sidelines so that they can expand and hire
new workers.
4)
In Response to Discussions With Congress, We Have Added A Higher Rate for Institutions That Do Not Increase Lending:
After consultations with Congress, the proposed Small Business Lending Fund now includes a provision that would increase the dividend
rate from 5 percent to 7 percent after two years for any participating bank that does not increase its lending. This new provision increases
the "performance-based" nature of the program, offering a further incentive for participants to extend more credit.
5)
Capital Designed to Ensure Small Banks Do Not Pull Back Lending In Light of Commercial Real Estate Concerns: With
some community banks anxious about continued challenges in the commercial real estate market, the Small Business Lending Fund is
designed to reduce the risk that viable institutions would react to such fears by pulling back indiscriminately on small business lending. By
accessing additional capital under the SBLF, institutions can be confident that they can continue to lend and still have a buffer against
future CRE losses.

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Written Testimony by Counselor Gene Sperling before the Committee on Financial Services on “Initiatives to Promote Small Business Le…

We believe that as designed, the Small Business Lending Fund can attract smaller and community banks to participate in a program that
will help them extend more credit. Indeed, we are pleased that this proposal has drawn the support of the Independent Community
Bankers of America – represented here today by its chairman James MacPhee – as well as groups like the National Small Business
Association, Small Business Majority, the National Bankers Association, the Conference of State Bank Supervisors, as well as the 19
Members who have chosen to sponsor or co-sponsor the legislation.
Secondly, as a new component of our Small Business Lending Fund, we have worked with Congress to put forward a new State Small
Business Credit Initiative, which would support state programs that help make credit more available for small businesses and
manufacturers.
This new initiative would provide grants to state small business programs – programs that are facing increased demand, even as strained
state budgets have reduced their ability to meet that need. Funding would go to state programs that enable private lenders to extend credit
to creditworthy small businesses, ensuring that loans are made with sufficient underwriting standards. At the same time, the program
would operate with a significant "bang for the buck," as states would be required to support at least $10 of lending across all programs for
every Federal dollar received. Congressman Gary Peters and Ways and Means Chairman Sandy Levin have proposed to fund this
program at $2 billion – an amount that the Administration supports as part of an overall package that is paid for – and we believe that with
such funding, the program could support over $20 billion in lending.
Through this initiative, states could expand a range of innovative small business programs. States could use funds for programs that
provide collateral support to small businesses and manufacturers. These programs help support viable businesses that have seen the
value of their collateral fall, a problem that has made credit more difficult to get, particularly for small manufacturers in some of the
communities hardest-hit by the financial crisis. States like Michigan under Governor Jennifer Granholm and Ohio under Governor Ted
Strickland have looked to devote funds to augment collateral the borrower holds, providing banks with a greater confidence to lend to
small businesses. The experience of Michigan's collateral support program – which I know Paul Brown of the Michigan Economic
Development Corporation will be discussing today – offers a promising example of the kind of program states could support under the
State Small Business Credit Initiative.
The State Small Business Credit Initiative could also support Capital Access Programs (CAPs). CAPs, which are already up and running in
about 30 states and cities, offer matching contributions to loan loss reserves when lenders extend credit to qualified small businesses.
These reserves serve as a form of insurance on a lender's loan portfolio, with the matching contribution from the state allowing lenders to
take on slightly more risk in lending to creditworthy borrowers. Past Treasury evaluations of Capital Access Programs have suggested
that they offer a promising means of expanding availability of credit to small businesses, and their track record in states across the country
has encouraged members of both the House and the Senate, like Sen. Mark Warner, to promote these programs.
Finally, the State Small Business Credit Initiative would support other efforts like state loan guarantee programs, in keeping with a request
made to the President and Secretary Geithner earlier this year in a letter signed by 28 governors across the country – including Governor
Martin O'Malley of Maryland, who is represented here today by Christian Johansson of the Maryland Department of Business and
Economic Development. This initiative would provide funds immediately to these state programs and would not require states to
appropriate matching funds or take other measures that would slow down the urgent need to get funding to small businesses.
We believe these two programs can be established quickly to make credit more available to small businesses so that they can create new
jobs. We are eager to work with this Committee and the Congress – including the House and Senate Small Business Committees – to
swiftly pass these measures into law as part of a small business jobs package that will support new lending, provide small businesses with
tax incentives to grow, and expand the SBA's ability to make credit more available to firms looking to expand and hire new workers.
Thank you for your efforts in working to make credit more available to small businesses across the country. I look forward to taking your
questions.
###

[1] Here, the smallest loans are defined – using Call Report data – as C&I loans under $1 million, CRE loans under $1 million, and farm
loans under $500,000, loans secured by farmland under $500,000, and agricultural production loans under $500,000.
[2] Data are from the FDIC Call Reports. The chart shows the quarterly change in loan balances at an annual rate. Data have been
adjusted for mergers and acquisitions. For purposes of this chart, small banks are defined as less than $1 billion in assets, while large
banks have greater than $10 billion in assets.

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