12 USC 4713 - Incentives for depository institution participation

U.S Code last checked for updates: Feb 22, 2025

§ 4713.

Incentives for depository institution participation

(a)

Function of Administrator

(1)

In general

Of any funds appropriated pursuant to the authorization in section 4718(a) of this title, the funds made available for use in carrying out this section in accordance with section 4718(a)(4) of this title shall be administered by the Administrator of the Fund, in consultation with—

(A)

the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]) and the National Credit Union Administration;

(B)

the individuals named pursuant to clauses (ii) and (iv) of section 4703(d)(2)(G) of this title; and

(C)

any other representatives of insured depository institutions or other persons as the Administrator may determine to be appropriate.

(2)

Applicability of Bank Enterprise Act of 1991

Subject to subsection (b) and the consultation requirement of paragraph (1)—

(A)

section 233 of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a] shall be applicable to the Administrator, for purposes of this section, in the same manner and to the same extent that such section is applicable to the Community Enterprise Assessment Credit Board;

(B)

the Administrator shall, for purposes of carrying out this section and section 233 of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a]—

(i)

have all powers and rights of the Community Enterprise Assessment Credit Board under section 233 of the Bank Enterprise Act of 1991 to administer and enforce any provision of such section 233 which is applicable to the Administrator under this section; and

(ii)

shall be subject to the same duties and restrictions imposed on the Community Enterprise Assessment Credit Board; and

(C)

the Administrator shall—

(i)

have all powers and rights of an appropriate Federal banking agency under section 233(b)(2) of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a(b)(2)] to approve or disapprove the designation of qualified distressed communities for purposes of this section and provide information and assistance with respect to any such designation; and

(ii)

shall be subject to the same duties imposed on the appropriate Federal banking agencies under such section 233(b)(2).

(3)

Awards

(4)

Regulations and guidelines

(5)

Exceptions to applicability

(b)

Provisions relating to administration of this section

(1)

New lifeline accounts

(2)

Determination of assessment credit

“(3)

Amount of assessment credit

“The amount of an assessment credit which may be awarded to an insured depository institution to carry out the qualified activities of the institution or of the subsidiaries of the institution pursuant to this section for any semiannual period shall be equal to the sum of—

“(A)

with respect to qualifying activities described in paragraph (2)(A), the amount which is equal to—

“(i)

5 percent of the sum of the amounts determined under such subparagraph, in the case of an institution which is not a community development financial institution; or

“(ii)

15 percent of the sum of the amounts determined under such subparagraph, in the case of an institution which is a community development financial institution; and

“(B)

with respect to qualifying activities described in paragraph (2)(C), 15 percent of the amounts determined under such subparagraph.”

(3)

Adjustment of percentage

Section 233(a)(5) of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a(a)(5)] shall be applied for purposes of this section by—

(A)

substituting “institutions which are community development financial institutions” for “institutions which meet the community development organization requirements under section 234 [12 U.S.C. 1834b]”; and

(B)

substituting “institutions which are not community development financial institutions” for “institutions which do not meet such requirements”.

(4)

Designation of QDC

(5)

Operation on annual basis

(6)

Outreach

(7)

Qualified activities

(Pub. L. 103–325, title I, § 114, Sept. 23, 1994, 108 Stat. 2179.)

cite as: 12 USC 4713