Page:United States Statutes at Large Volume 111 Part 3.djvu/514

 Ill STAT. 2602 PUBLIC LAW 105-135—DEC. 2, 1997 (b) INDEXING FOR LEVERAGE.— Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended— (1) in subsection (h)— (A) in paragraph (2), by adding at the end the following: "(D)(i) The dollar amounts in subparagraphs (A), (B), and (C) shall be adjusted annually to reflect increases in the Consumer Price Index established by the Bureau of Labor Statistics of the Department of Labor. "(ii) The initial adjustments made under this subparagraph after the date of enactment of the Small Business Reauthorization Act of 1997 shall reflect only increases from March 31, 1993."; and (B) by striking paragraph (4) and inserting the following: "(4) MAXIMUM AGGREGATE AMOUNT OF LEVERAGE.— "(A) IN GENERAL.— Except as provided in subparagraph (B), the aggregate amount of outstanding leverage issued to any company or companies that are commonly controlled (as determined by the Administrator) may not exceed $90,000,000, as adjusted annually for increases in the Consumer Price Index. "(B) EXCEPTIONS. — The Administrator may, on a caseby-case basis— "(i) approve an amount of leverage that exceeds the amount described in subparagraph (A) for companies under common control; and "(ii) impose such additional terms and conditions as the Administrator determines to be appropriate to minimize the risk of loss to the Administration in the event of default. "(C) APPLICABILITY OF OTHER PROVISIONS. —Any leverage that is issued to a company or companies commonly controlled in an amount that exceeds $90,000,000, whether as a result of an increase in the Consumer Price Index or a decision of the Administrator, is subject to subsection (d)."; and (2) by striking subsection (d) and inserting the following: "(d) REQUIRED CERTIFICATIONS.— "(1) IN GENERAL. —The Administrator shall require each licensee, as a condition of approval of an application for leverage, to certify in writing— "(A) for licensees with leverage less than or equal to $90,000,000, that not less than 20 percent of the licensee's aggregate dollar amount of financings will be provided to smaller enterprises; and "(B) for licensees with leverage in excess of $90,000,000, that, in addition to satisfying the requirements of subparagraph (A), 100 percent of the licensee's aggregate dollar amount of financings made in whole or in part with leverage in excess of $90,000,000 will be provided to smaller enterprises (as defined in section 103(12)). "(2) MULTIPLE LICENSEES. — Multiple licensees under common control (as determined by the Administrator) shall be considered to be a single licensee for purposes of determining both the applicability of and compliance with the investment percentage requirements of this subsection.".

�