America’s small businesses are essential to our nation’s economy and  its recovery. They create two out or every three new jobs in the private  sector. Their ability to hire and expand is crucial to putting our  economy back on the right track. But in the wake of this recession, too  many small businesses are struggling to find the loans they need to  strengthen their companies.
And that’s why President Obama has called on the Senate to swiftly  approve the Small Business Jobs Act – a set of tax breaks and lending  incentives designed to spur hiring and growth at small businesses.
As we continue to fight for essential assistance to small businesses  we know there will be a lot of misinformation and given what is at stake  we want to provide the real facts.
Below is a point by point fact check of a story about the small business legislation the AP ran this weekend:
FICTION: “Congress is at work on a new program that would send $30 billion to struggling community banks”
FACT: To participate, a bank’s  Federal regulator must deem it viable – helping to protect taxpayer  investments and ensure that they can increase lending. Indeed, Treasury  and the Administration have opposed any program that has a focus on  “bailing out” struggling banks rather than supporting viable  institutions that will extend more credit.
When banking groups or Members of Congress have  proposed legislation that requires Treasury to allow weaker banks to  participate, the Administration strongly and successfully opposed these  measures. For example, when an amendment was added to the House bill to  allow small banks to be able to put off recognizing losses in impaired  real estate loans, the Secretary of the Treasury publicly and strongly  opposed it, and worked so that this measure was not included in the  Senate bill. In fact, the Administration supported in the House and  Senate language that explicitly prohibits banks on the FDIC’s problem  list from participating. 
FICTION: “Yet under the new program, the 775 banks on the government's ’problem’ list could qualify for bailouts for the first time.” 
FACT: The legislation explicitly  states that “an eligible institution may not receive any capital  investment under the Program, if (i) such institution is on the FDIC  problem bank list; or (ii) such institution has been removed from the  FDIC problem bank list for less than 90 days.” 
FICTION: “For banks in the hardest-hit areas, it  can be nearly impossible to recover once too many loans sour. Yet the  bill would require that banks be protected against "discrimination based  on geography." It says the money must be available to lenders in areas  with high unemployment.” 
FACT: The legislation requires  that regulators or Treasury not “discriminate” on the basis of a bank’s  location.  It does not remotely suggest that a weak bank can get capital  simply because it is in a high unemployment area or distressed  location. Not even close. To the contrary, the legislation is crystal  clear that every bank must stand on its own and pass the same  consistent, uniform viability test administered by its regulator – no  matter where it is located. In addition, Treasury anticipates that the  application process would allow for other Federal regulators to confirm  the primary regulator’s decision where necessary. 
FICTION: “Many community banks are overseen by  state regulators struggling under budget cuts and limited expertise.  Many are ill-equipped to monitor banks during a crisis” 
FACT: The legislation makes clear  that every bank’s primary Federal regulator would play the key role in  determining whether or not an institution was eligible for the program –  not state regulators. In addition, the legislation provides for strong  oversight by the Treasury Inspector General and the Government  Accountability Office – institutions with extensive experience in  overseeing programs that require similar expertise as the SBLF. 
FICTION: “This time, money is more likely to disappear as a result of bank failures or fraud” 
FACT: The independent  Congressional Budget Office – which initially projected significant  losses under TARP’s Capital Purchase Program (even though it now  forecasts taxpayer savings for the program) has estimated that the Small  Business Lending Fund would provide taxpayers with $1.1 billion in  savings over 10 years.  While CBO acknowledged there were other ways to  do such scoring, the way the CBO chose and – by which Congress must  abide – found that this program would not cost the taxpayer a penny. 
FICTION: “It's supposedly reserved for banks deemed ‘viable.’ But regulators won't consider whether banks are viable now.” 
FACT: The only way a community  bank (under $1 billion in assets) can get access to the full 5 percent  of Risk-Weighted Assets in the program is to be found to be viable  before it receives any government capital.
The Senate Legislation provides one narrow  exception to this rule: in cases where a bank’s Federal regulator  determines that the bank has sufficiently strong management and solid  long-term prospects – but nevertheless has a small capital shortfall –  the legislation allows the bank to get government capital equal 3% of  risk-weighted assets provided that private investors will invest the  same amount, dollar-for-dollar.  So not only must the government  determine that the bank is otherwise viable, but private sector  investors must be willing to contemporaneously put in at least as much  of their own private sector capital at risk as the government for the  bank to be eligible.  Furthermore, the new private capital must be  junior to the government’s investment – meaning that Treasury gets  repaid in full before any other new investors.  Indeed, when the  Congressional Budget Office reviewed this new proposal, because of these  protections, they did not think this narrow exception would add any  costs to the program at all. None. 
FICTION: “But Federal Reserve Chairman Ben Bernanke  and others have questioned whether the problem is lack of capital, or  if there simply aren't enough creditworthy borrowers.”   
FACT: As Chairman Bernanke  himself stated last month: “it seems clear that some creditworthy  businesses--including some whose collateral has lost value but whose  cash flows remain strong--have had difficulty obtaining the credit that  they need to expand, and in some cases, even to continue operating.”
Indeed, the National Federation of Independent  Business – which reported in a survey earlier this year that 45 percent  of small businesses found that their borrowing needs were not being  satisfied – stated recently that “the lending fund has the potential to  help credit-worthy small businesses that have had difficulties obtaining  credit, which is a good thing.” At the same time, the Small Business  Jobs Act is designed specifically to address the range of problems  facing small businesses – which is why it includes a series of targeted  tax incentives for new investments, enhancements to SBA programs, and a  new State Small Business Credit Initiative in addition to the SBLF. 
FICTION: “The administration's haziness about whom  the program benefits has fueled comparisons to the $700 billion bailout  known as the Troubled Asset Relief Program, or TARP.” 
FACT: The Administration has been  very clear about the intent of this program: it is to stimulate lending  to small businesses by providing capital and incentives to the  community banks on Main Street that make these loans. Indeed, the design  of the program has been very explicit in addressing this goal – the  program is directed only at small banks, which do the overwhelming  amount of their commercial lending to small businesses, and the benefits  banks receive are linked directly to their lending to small businesses.  Loans over $10 million or to businesses with revenues over $50 million  would not be counted. 
FICTION: One source quoted in AP story stated, "What we lack here is oversight and true accountability." 
FACT: There is no doubt that the  legislation establishing the Small Business Lending Fund would provide  for strong oversight and accountability. As a new program established  through new legislation separate from TARP, the Small Business Lending  Fund – in addition to requiring a small business lending plan from  participants and regular reports on the impact of SBLF capital – would  be subject to robust oversight from the Treasury Inspector General and  the Government Accountability Office. These two bodies have a strong  record of expertise and experience suited to the task of overseeing this  program. For example, Treasury Inspector General Eric Thorson –  nominated by President Bush in 2007 – has substantial experience and  existing responsibilities relevant to monitoring a program like the  SBLF: overseeing the Office of the Comptroller of the Currency,  conducting material loss reviews of Treasury-regulated financial  institutions that cause losses over $25 million to the FDIC’s deposit  insurance fund, and ensuring accountability for Recovery Act programs  overseen by Treasury, to name a few.
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