2010—Subsec. (d)(3)(L). Pub. L. 111–240 added subpar. (L).
2009—Subsec. (e)(1), (2). Pub. L. 111–5, which directed amendment of section 501(e)(1), (2) of the Small Business Investment Act by substituting “$65,000” for “$50,000”, was executed by making the substitution in subsec. (e)(1), (2) of this section, which is section 501 of the Small Business Investment Act of 1958, to reflect the probable intent of Congress.
2007—Subsec. (d)(3). Pub. L. 110–140, § 1204(a)(4), inserted the following concluding provisions: “In subparagraphs (J) and (K), terms have the meanings given those terms under the Leadership in Energy and Environmental Design (LEED) standard for green building certification, as determined by the Administrator.”
Subsec. (d)(3)(I) to (K). Pub. L. 110–140, § 1204(a)(1)–(3), added subpars. (I) to (K).
2004—Subsec. (e). Pub. L. 108–447 added subsec. (e).
2000—Subsec. (d)(3)(C). Pub. L. 106–554 inserted “or women-owned business development” before comma at end.
1999—Subsec. (d)(3)(E)–(H). Pub. L. 106–50 added subpar. (E) and redesignated former subpars. (E) to (G) as (F) to (H), respectively.
1990—Subsec. (a). Pub. L. 101–574, § 214(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Congress hereby finds and declares that the purpose of this subchapter is to foster economic development in both urban and rural areas by providing long term financing for small business concerns through the development company program authorized by this subchapter. In order to carry out this objective, the Administration is hereby directed to place greater emphasis on the needs of rural areas and the promotion of the development company program in such areas, and is further directed to develop a plan for greater outreach of procurement and export trade seminars in such areas. As used in this subchapter, the term ‘rural areas’ means those localities with populations of less than 20,000.”
Subsec. (d). Pub. L. 101–574, § 214(b), added subsec. (d).
1988—Pub. L. 100–590 inserted “State development companies” as section catchline, added subsec. (a), and redesignated former subsecs. (a) and (b) as (b) and (c), respectively.
Loan Liquidation Pilot Program
Pub. L. 104–208, div. D, title II, § 204, Sept. 30, 1996, 110 Stat. 3009–736, provided that:
“(a) In General.—
shall carry out a loan liquidation pilot program (in this section referred to as the ‘pilot program’) in accordance with the requirements of this section.
“(b) Selection of Development Companies.—
“(2) Conflicts of interest.—
The development companies
selected under paragraph (1) shall agree not to take any action that would create a potential conflict of interest involving the development company,
the third party lender, or an associate of the third party lender.
“(3) Qualifications.—In order to qualify to participate in the pilot program under this section, each development company shall—
have made, during the 6 most recent fiscal years, an average of not less than 10 loans per year through the program established by such title V of the Small Business Investment Act of 1958
have not less than 2 years of experience in liquidating loans under the authority of a Federal, State
, or other lending program; and
meet such other requirements as the Administration
“(c) Authority of Development Companies.—The development companies selected under subsection (b) shall, for loans in their portfolio of loans made through debentures guaranteed under title V of the Small Business Investment Act of 1958 [15 U.S.C. 695 et seq.] that are in default after the date of enactment of this Act [Sept. 30, 1996], be authorized to—
perform all liquidation and foreclosure functions, including the acceleration or purchase of community injection funds, subject to such company
obtaining prior written approval from the Administrator
before committing the agency to purchase any other indebtedness secured by the property: Provided, That the Administrator
shall approve or deny a request for such purchase within a period of 10 business days; and
liquidate such loans in a reasonable and sound manner and according to commercially accepted practices pursuant to a liquidation plan approved by the administrator
in advance of its implementation. If the administrator
does not approve or deny a request for approval of a liquidation plan within 10 business days of the date on which the request is made (or with respect to any routine liquidation activity under such a plan, within 5 business days) such request shall be deemed to be approved.
“(d) Authority of the Administrator.—In carrying out the pilot program, the Administrator shall—
have full authority to rescind the authority granted any development company
under this section upon a 10-day written notice stating the reasons for the rescission; and
not later than 90 days after the admission of the development companies
specified in subsection (b), implement the pilot program.
“(1) In general.—The Administrator shall issue a report on the results of the pilot program to the Committees on Small Business of the House of Representatives and the Senate [Committee on Small Business of Senate now Committee on Small Business and Entrepreneurship of Senate]. The report shall include information relating to—
the total dollar amount of each loan and project liquidated;
total dollar losses;
total recoveries both as percentage of the amount guaranteed and the total cost of the project; and
a comparison of the pilot program information with the same information for liquidation conducted outside the pilot program over the period of time.
“(2) Reporting period.—
The report shall be based on data from, and issued not later than 90 days after the close of, the first eight 8 [sic] fiscal quarters of the pilot program’s operation after the date of implementation.”
[Section 204 of title II of div. D of Pub. L. 104–208, set out above, to cease to have effect beginning on the date on which final regulations are issued to carry out section 697g of this title, see section 1(a)(9) [title III, § 307(b)] of Pub. L. 106–554, set out as a Regulations note under section 697g of this title.]