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[DOCID: f:h440enr.txt]
H.R.440
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To make technical corrections to the Microloan Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Microloan Program Technical
Corrections Act of 1999''.
SEC. 2. TECHNICAL CORRECTIONS.
Section 7(m) of the Small Business Act (15 U.S.C. 636(m)) is
amended--
(1) in paragraph (7), by striking subparagraph (B) and
inserting the following:
``(B) Allocation.--
``(i) Minimum allocation.--Subject to the availability
of appropriations, of the total amount of new loan funds
made available for award under this subsection in each
fiscal year, the Administration shall make available for
award in each State (including the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa) an amount equal to the
sum of--
``(I) the lesser of--
``(aa) $800,000; or
``(bb) \1/55\ of the total amount of new loan
funds made available for award under this
subsection for that fiscal year; and
``(II) any additional amount, as determined by the
Administration.
``(ii) Redistribution.--If, at the beginning of the
third quarter of a fiscal year, the Administration
determines that any portion of the amount made available to
carry out this subsection is unlikely to be made available
under clause (i) during that fiscal year, the
Administration may make that portion available for award in
any one or more States (including the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa) without regard to clause
(i).''; and
(2) in paragraph (8)--
(A) by inserting ``and providing funding to
intermediaries'' after ``program applicants''; and
(B) by inserting ``and provide funding to'' after ``shall
select''.
SEC. 3. LOAN LOSS RESERVE.
Section 7(m)(3)(D) of the Small Business Act (15 U.S.C.
636(m)(3)(D)) is amended to read as follows:
``(D)(i) In general.--The Administrator shall, by
regulation, require each intermediary to establish a loan loss
reserve fund, and to maintain such reserve fund until all
obligations owed to the Administration under this subsection
are repaid.
``(ii) Level of loan loss reserve fund.--
``(I) In general.--Subject to subclause (III), the
Administrator shall require the loan loss reserve fund of
an intermediary to be maintained at a level equal to 15
percent of the outstanding balance of the notes receivable
owed to the intermediary.
``(II) Review of loan loss reserve.--After the initial
5 years of an intermediary's participation in the program
authorized by this subsection, the Administrator shall, at
the request of the intermediary, conduct a review of the
annual loss rate of the intermediary. Any intermediary in
operation under this subsection prior to October 1, 1994,
that requests a reduction in its loan loss reserve shall be
reviewed based on the most recent 5-year period preceding
the request.
``(III) Reduction of loan loss reserve.--Subject to the
requirements of clause IV, the Administrator may reduce the
annual loan loss reserve requirement of an intermediary to
reflect the actual average loan loss rate for the
intermediary during the preceding 5-year period, except
that in no case shall the loan loss reserve be reduced to
less than 10 percent of the outstanding balance of the
notes receivable owed to the intermediary.
``(IV) Requirements.--The Administrator may reduce the
annual loan loss reserve requirement of an intermediary
only if the intermediary demonstrates to the satisfaction
of the Administrator that--
``(aa) the average annual loss rate for the
intermediary during the preceding 5-year period is less
than 15 percent; and
``(bb) that no other factors exist that may impair
the ability of the intermediary to repay all
obligations owed to the Administration under this
subsection.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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