An amendment numbered 3 printed in part C of House Report 111-506 to add four stipulations to the Small Business Lending Fund to safeguard small businesses in the bill: 1) base SBLF incentives on number of loans an institution makes, not just the total dollars of loans; 2) include Small Business Lending Centers with less than $10 billion in assets as qualified financial institutions to participate in the SBLF; 3) add the SBA definition to define what a small business is; and 4) change the base lending amount from a comparison of the fourth quarter of 2009, to a full year of data.

1. 1

   Change 1: Strikes “and”

   StrikesPage 3, line 5Printed page

   Struck: and

   Original wording

   Page 3, line 5, strike “and”.

2. 2

   Change 2: Replaces the period on page 3, line 12 with “; and”

   ReplacesPrinted page

   …[struck: .][inserted: ; and]

   Original wording

   Page 3, line 12, strike the period and insert “; and”.

3. 3

   Change 3: Inserts new text on page 3, line 12

   InsertsPrinted page

   Inserted: (D) with respect to an eligible institution for which no report exists that is described under subparagraph (A), (B), or (C), such other report or set of information as the Secretary, in consultation with the Administrator of the Small Business Administration, may prescribe.

   Original wording

   Page 3, after line 12, insert the following new subparagraph:

4. 4

   Change 4: Strikes “and”

   StrikesPage 4, line 25Printed page

   Struck: and

   Original wording

   Page 4, line 25, strike “and”.

5. 5

   Change 5: Replaces the period on page 5, line 3 with “; and”

   ReplacesPrinted page

   …[struck: .][inserted: ; and]

   Original wording

   Page 5, line 3, strike the period and insert “; and”.

6. 6

   Change 6: Inserts new text on page 5, line 3

   InsertsPrinted page

   Inserted: (D) any small business lending company that has total assets of equal to or less than $10,000,000,000.

   Original wording

   Page 5, after line 3, insert the following new subparagraph:

7. 7

   Change 7: Inserts “where each loan comprising such lending is made to a small business and is one” after “report,”

   InsertsPage 6, line 1Printed page

   In H.R. 5297 · Reported in House

   (15) Small business lending.--

   (A) In general.--The term "small business lending" means small business lending, as defined by and reported in an eligible institution's quarterly call report, [inserted: where each loan comprising such lending is made to a small business and is one ]of the following types:

   (i) Commercial and industrial loans plus.

   Original wording

   Page 6, line 1, after “report,” insert the following: “where each loan comprising such lending is made to a small business and is one”.

8. 8

   Change 8: Inserts new text on page 6, line 25

   InsertsPrinted page

   Inserted: (1) Small business.--The term "small business" has the meaning given the term "small business concern" under section 3 of the Small Business Act (15 U.S.C. 632).

   Inserted: (2) Small business lending company.--The term "small business lending company" has the meaning given such term under section 3(r)(1) of the Small Business Act (15 U.S.C. 632(r)(1)).

   Original wording

   Page 6, after line 25 insert the following new paragraphs:

9. 9

   Change 9: Replaces “the amount of small business lending reported by the eligible institution in its call rep…” with “the average amount of small business lending reported by the eligible institution in its…”

   ReplacesPage 12, line 19Printed page

   In H.R. 5297 · Reported in House

   (i) the rate at which dividends or interest are payable shall be 5 percent per annum initially;

   (ii) within the first 2 years after the date of the capital investment under the Program, the rate may be adjusted based on the amount of an eligible institution's small business lending. Changes in the amount of small business lending shall be measured against the [inserted: average ]amount of small business lending reported by the eligible institution in its call [struck: report][inserted: reports] for the [struck: last quarter in calendar year 2009 or ][inserted: 4 full quarters immediately preceding ]the [struck: average amount ][inserted: enactment ]of [struck: small business lending reported by the eligible institution in all call reports for calendar year 2009, whichever is lower, ][inserted: this title, ]minus adjustments from each quarterly balance in respect of--

   (I) net loan charge offs with respect to small business lending; and

   Original wording

   Page 12, beginning on line 19, strike “the amount of small business lending reported by the eligible institution in its call report for the last quarter in calendar year 2009 or the average amount of small business lending reported by the eligible institution in all call reports for calendar year 2009, whichever is lower” and insert “the average amount of small business lending reported by the eligible institution in its call reports for the 4 full quarters immediately preceding the enactment of this title”.

10. 10

    Change 10: Inserts new text on page 17, line 9

    InsertsPrinted page

    Inserted: (I) Incentives contingent on an increase in the number of loans made.--For any quarter during the first 4\1/2\-year period following the date on which an eligible institution receives a capital investment under the Program, other than the first such quarter, in which the institution's change in the amount of small business lending relative to the baseline is positive, if the number of loans made by the institution does not increase by 2.5 percent for each 2.5 percent increase of small business lending, then the rate at which dividends and interest shall be payable during the following quarter on preferred stock or other financial instruments issued to the Treasury by the eligible institution shall be--

    Inserted: (i) 5 percent, if such quarter is within the 2-year period following the date on which the eligible institution receives the capital investment under the Program; or

    Inserted: (ii) 7 percent, if such quarter is after such 2-year period.

    Inserted: (J) Alternative computation.--An eligible institution may choose to compute their small business lending amount by computing the amount of small business lending, as if the definition of such term did not require that the loans comprising such lending be made to small business. Any eligible institution choosing to compute their small business lending in this manner shall certify that all lending included by the institution for purposes of computing the increase in lending under this paragraph was made to small businesses.

    Original wording

    Page 17, after line 9, insert the following new subparagraph:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed