Page:United States Statutes at Large Volume 110 Part 1.djvu/1154

 110 STAT. 1130 PUBLIC LAW 104-127 —APR. 4, 1996 (1), if the borrower of the loan meets the eligibihty requirements and such other criteria for the loan guarantee that are established by the Secretary. "(5) CERTIFICATIONS. — With respect to loans to be guaranteed, the Secretary may permit a certified lender to make appropriate certifications (as provided in regulations issued by the Secretary)— "(A) relating to issues such as creditworthiness, repay- ment ability, adequacy of collateral, and feasibility of the operation; and "(B) that the borrower is in compliance with all requirements of law, including regulations issued by the Secretary. "(6) RELATIONSHIP TO OTHER REQUIREMENTS. — This subsection shall not affect the responsibility of the Secretary to determine eligibility, review financial information, and otherwise assess an application. "(b) PREFERRED CERTIFIED LENDERS PROGRAM.— "(1) IN GENERAL.— The Secretary may establish a preferred certified lenders program for lenders who establish their— "(A) knowledge of, and experience under, the program established under subsection (a); "(B) knowledge of the regulations concerning the particular guaranteed loan program; and "(C) proficiency related to the certified lender program requirements. "(2) ADDITIONAL LENDING INSTITUTIONS.— The Secretary may certify any lending institution as a preferred certified lender if the institution meets such additional criteria as the Secretary may prescribe by regulation. "(3) REVOCATION OF DESIGNATION.—The designation of a lender as a preferred certified lender shall be revoked if the Secretary determines that the lender is not adhering to the rules and regulations applicable to the program or if the loss experiences of the preferred certified lender are greater than other preferred certified lenders, except that the suspension or revocation shall not affect any outstanding guarantee. "(4) CONDITION OF CERTIFICATION. —As a condition of the preferred certification, the Secretary shall require the lender to undertake to service the loan guaranteed by the Secretary under this subsection using generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. The Secretary shall, at least annually, monitor the performance of each preferred certified lender to ensure that the conditions of the certification are being met. "(5) EFFECT OF PREFERRED LENDER CERTIFICATION.—Notwithstanding any other provision of law, the Secretary may— "(A) guarantee not more than 80 percent of any approved loan made by a preferred certified lender as described in this subsection, if the borrower meets the eligibility requirements and such other criteria as may be applicable to loans guaranteed by the Secretary; and "(B) permit preferred certified lenders to make all decisions, with respect to loans to be guaranteed by the Secretary under this subsection relating to creditworthiness, the closing, monitoring, collection, and liquidation of loans, and to accept appropriate certifications, as provided in regulations issued by the Secretary, that the borrower is

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