S.Amdt. 4538

SA 4538. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 4519 proposed by Mr. Reid (for himself, Mr. Baucus, and
Ms. Landrieu) to the bill H.R. 5297, to create the Small Business
Lending Fund Program to direct the Secretary of the Treasury to make
capital investments in eligible institutions in order to increase the
availability of credit for small businesses, to amend the Internal
Revenue Code of 1986 to provide tax incentives for small business job
creation, and for other purposes; which was ordered to lie on the
table; as follows:

On page 224, strike line 12 and all that follows through
page 225, line 10, and insert the following:
(4) Ineligible institutions.--
(A) Ineligibility of institutions on fdic problem bank
list.--
(i) In general.--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.

(ii) Construction.--Nothing in clause (i) shall be
construed as limiting the discretion of the Secretary to deny
the application of an eligible institution that is not on the
FDIC problem bank list.
(iii) FDIC problem bank list defined.--For purposes of this
subparagraph, the term ``FDIC problem bank list'' means the
list of depository institutions having a current rating of 4
or 5 under the Uniform Financial Institutions Rating System,
or such other list designated by the Federal Deposit
Insurance Corporation.
(B) Ineligibility of non-paying cpp participants.--
(i) In general.--An eligible institution that has missed
more than one dividend payment due under the CPP may not
receive any capital investment under the Program.
(ii) Determination of missed dividend payments.--For
purposes of this subparagraph, a CPP dividend payment that is
submitted within 60 days of the due date of such payment
shall not be considered a missed dividend payment.
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