Laws: Cases and Codes : U.S. Code : Title 12


   

U.S. Code as of: 01/19/04
Chapter 47 - Notes
        SUBCHAPTER I - COMMUNITY DEVELOPMENT BANKING AND FINANCIAL
                               INSTITUTIONS
    Sec.                                                     
    4701.       Findings and purposes.                                
                  (a)  Findings.                                      
                  (b)  Purpose.                                       
    4702.       Definitions.                                          
    4703.       Establishment of national Fund for community
                 development banking.                                 
                  (a)  Establishment.                                 
                  (b)  Management of Fund.                            
                  (c)  General powers.                                
                  (d)  Advisory Board.                                
                  (e)  Omitted.                                       
                  (f)  Government Corporation Control Act exemption.  
                  (g)  Limitation of Fund and Federal liability.      
                  (h)  Prohibition on issuance of securities.         
                  (i)  Omitted.                                       
                  (j)  Assisted institutions not United States
                        instrumentalities.                            
                  (k)  Transition period.                             
    4704.       Applications for assistance.                          
                  (a)  Form and procedures.                           
                  (b)  Minimum requirements.                          
                  (c)  Preapplication outreach program.               
    4705.       Community partnerships.                               
                  (a)  Application.                                   
                  (b)  Application requirements.                      
                  (c)  Selection criteria.                            
                  (d)  Limitation on distribution of assistance.      
                  (e)  Other requirements and limitations.            
    4706.       Selection of institutions.                            
                  (a)  Selection criteria.                            
                  (b)  Geographic diversity.                          
    4707.       Assistance provided by Fund.                          
                  (a)  Forms of assistance.                           
                  (b)  Uses of financial assistance.                  
                  (c)  Uses of technical assistance.                  
                  (d)  Amount of assistance.                          
                  (e)  Matching requirements.                         
                  (f)  Terms and conditions.                          
                  (g)  Authority to sell equity investments and loans.
                  (h)  No authority to limit supervision and
                        regulation.                                   
    4708.       Training.                                             
                  (a)  In general.                                    
                  (b)  Program activities.                            
                  (c)  Participation.                                 
                  (d)  Contracting.                                   
                  (e)  Coordination.                                  
                  (f)  Regulatory fee for providing training services.
    4709.       Encouragement of private entities.                    
    4710.       Collection and compilation of information.            
    4711.       Investment of receipts and proceeds.                  
                  (a)  Establishment of account.                      
                  (b)  Investments.                                   
                  (c)  Availability.                                  
    4712.       Capitalization assistance to enhance liquidity.       
                  (a)  Assistance.                                    
                  (b)  Selection.                                     
                  (c)  Amount of assistance.                          
                  (d)  Audit and report requirements.                 
                  (e)  Limitations on liability.                      
                  (f)  Use of proceeds.                               
    4713.       Incentives for depository institution participation.  
                  (a)  Function of Administrator.                     
                  (b)  Provisions relating to administration of this
                        section.                                      
    4714.       Recordkeeping.                                        
                  (a)  In general.                                    
                  (b)  User profile information.                      
                  (c)  Access to records.                             
                  (d)  Review.                                        
                  (e)  Reporting.                                     
    4715.       Special provisions with respect to institutions that
                 are supervised by Federal banking agencies.          
                  (a)  Consultation with appropriate agencies.        
                  (b)  Requests for information, reports, or records. 
                  (c)  Exclusion for examination reports.             
                  (d)  Sharing of information.                        
                  (e)  Disclosure prohibited.                         
                  (f)  Privilege maintained.                          
                  (g)  Exceptions.                                    
                  (h)  Sanctions.                                     
                  (i)  Safety and soundness considerations.           
    4716.       Studies and reports; examination and audit.           
                  (a)  Annual report by Fund.                         
                  (b)  Optional studies.                              
                  (c)  Native American lending study.                 
                  (d)  Investment, governance, and role of Fund.      
                  (e)  Consultation.                                  
                  (f)  Examination and audit.                         
    4717.       Enforcement.                                          
                  (a)  Regulations.                                   
                  (b)  Administrative enforcement.                    
    4718.       Authorization of appropriations.                      
                  (a)  Fund authorization.                            
                  (b)  Community Development Credit Union Revolving
                        Loan Fund.                                    
                  (c)  Budgetary treatment.                           
            SUBCHAPTER II - SMALL BUSINESS CAPITAL ENHANCEMENT        
    4741.       Findings and purposes.                                
                  (a)  Findings.                                      
                  (b)  Purposes.                                      
    4742.       Definitions.                                          
    4743.       Approving States for participation.                   
                  (a)  Application.                                   
                  (b)  Approval criteria.                             
                  (c)  Existing State programs.                       
                  (d)  Prior appropriations requirement.              
                  (e)  Amendments to agreements.                      
    4744.       Participation agreements.                             
                  (a)  In general.                                    
                  (b)  Participating financial institutions.          
    4745.       Terms of participation agreements.                    
                  (a)  In general.                                    
                  (b)  Establishment of separate reserve funds.       
                  (c)  Investment authority.                          
                  (d)  Earned income and interest.                    
                  (e)  Loan terms and conditions.                     
                  (f)  Enrollment process.                            
                  (g)  Coverage amount.                               
                  (h)  Premium charges.                               
                  (i)  Restrictions.                                  
                  (j)  State contributions.                           
                  (k)  Submission of claims.                          
                  (l)  Elements of claims.                            
                  (m)  Payment of claims.                             
                  (n)  Denial of claims.                              
                  (o)  Subsequent recovery of claim amount.           
                  (p)  Participation agreement terms.                 
                  (q)  Termination clause.                            
                  (r)  Allowable withdrawals from fund.               
                  (s)  Grandfathered provision.                       
    4746.       Reports.                                              
                  (a)  Reserve funds report.                          
                  (b)  Annual data.                                   
                  (c)  Form.                                          
    4747.       Reimbursement by Fund.                                
                  (a)  Reimbursements.                                
                  (b)  Size of assisted borrower.                     
                  (c)  Three-year maximum.                            
                  (d)  Loans totaling less than $2,000,000.           
                  (e)  Loans totaling more than $2,000,000.           
                  (f)  Other amounts.                                 
    4748.       Reimbursement to Fund.                                
                  (a)  In general.                                    
                  (b)  Factor.                                        
                  (c)  Use of reimbursements.                         
    4749.       Regulations.                                          
    4750.       Authorization of appropriations.                      
                  (a)  Amount.                                        
                  (b)  Budgetary treatment.                           
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