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II
117th CONGRESS
1st Session
S. 1509
IN THE SENATE OF THE UNITED STATES
April 29, 2021Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship
A BILL
To expand access to capital in underserved markets by providing resources for the Small Business Administration to approve additional Non-Federally Regulated Lenders to make business loans guaranteed by the Small Business Administration to small business concerns in low-income and moderate-income neighborhoods.
1.
Short title
This Act may be cited as the Fair Access to Small Business Lending Act.
2.
Fair access to small business lending
Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended—
(1) by striking (17) The Administration and inserting the following:
(17)
Authorization of lenders
(A)
In general
The Administration
; and
(2) by adding at the end the following:
(B)
Access to capital for underserved markets
(i)
Definitions
In this subparagraph—
(I) the term covered Non-Federally Regulated Lender means a Non-Federally Regulated Lender (as defined in section 120.10 of title 13, Code of Federal Regulations, or any successor thereto) that—
(aa) has not been approved to make loans guaranteed under this subsection; and
(bb) meets the applicable criteria for authorizing lenders to make loans guaranteed under this subsection; and
(II) the term low or moderate-income neighborhood means a neighborhood that is a low-income neighborhood or a moderate-income neighborhood, for the purposes of the Community Reinvestment Act of 1977 (12 U.S.C. 2901 et seq.).
(ii)
Initiative
(I)
In general
The Administrator, acting through the Office of Credit Risk Management, shall carry out an initiative to authorize covered Non-Federally Regulated Lenders to make loans guaranteed under this subsection that is targeted to expanding the availability of loans guaranteed under this subsection to small business concerns that are located in a low or moderate-income neighborhood.
(II)
Authority
Under the initiative under subclause (I), the Administrator may not approve a covered Non-Federally Regulated Lender to only be eligible to make loans guaranteed under the Community Advantage Pilot Program of the Administration.
(III)
Lenders
A covered Non-Federally Regulated Lender that becomes authorized to make loans guaranteed under this subsection under the initiative under subclause (I) shall ensure that not less than 50 percent of the loans made by the covered Non-Federally Regulated Lender that are guaranteed under this subsection are made to small business concerns that are located in a low or moderate-income neighborhood.
(iii)
Funding
For fiscal year 2021, and each fiscal year thereafter, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to carry out the initiative under clause (ii).
.