Sec. 4. DEFINITION OF CREDIT ELSEWHERE
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## SEC. 4 DEFINITION OF CREDIT ELSEWHERE ###
(a)In General The Small Business Act (15 U.S.C. 631 et seq.) is amended— ####
(1)by striking section 3(h) (15 U.S.C. 632(h)) and inserting the following: > > ### “(h) > > The term ‘credit elsewhere’ means— > > > #### “(1) > > for the purposes of this Act (except as used in section 7(b)), the availability of credit on reasonable terms and conditions to the individual loan applicant from non-Federal, non-State, or non-local government sources, considering factors associated with conventional lending practices, including— > > > ##### “(A) > > the business industry in which the loan applicant operates; > > > ##### “(B) > > whether the loan applicant is an enterprise that has been in operation for a period of not more than 2 years; > > > ##### “(C) > > the adequacy of the collateral available to secure the requested loan; > > > ##### “(D) > > the loan term necessary to reasonably assure the ability of the loan applicant to repay the debt from the actual or projected cash flow of the business; and > > > ##### “(E) > > any other factor relating to the particular credit application, as documented in detail by the lender, that cannot be overcome except through obtaining a Federal loan guarantee under prudent lending standards; and > > > #### “(2) > > for the purposes of section 7(b), the availability of credit on reasonable terms and conditions from non-Federal sources taking into consideration the prevailing rates and terms in the community in or near where the applicant business concern transacts business, or the applicant homeowner resides, for similar purposes and periods of time.” > ; and ####
(2)in section 7(a)(1)(A)(i) (15 U.S.C. 636(a)(1)(A)(i)), by inserting “The Administrator has the authority to direct, and conduct oversight for, the methods by which lenders determine whether a borrower is able to obtain credit elsewhere.” before “No financial assistance”. ###
(b)Technical Amendment Section 18(b) of the Small Business Act (15 U.S.C. 647(b)) is amended to read as follows: > > ### “(b) > > As used in this Act, the term ‘agricultural enterprises’ means those small business concerns engaged in the production of food and fiber, ranching, and raising of livestock, aquaculture, and all other farming and agricultural-related industries.” > .
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