§ 1834a. — Assessment credits for qualifying activities relating to distressed communities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC1834a]
TITLE 12--BANKS AND BANKING
CHAPTER 16--FEDERAL DEPOSIT INSURANCE CORPORATION
Sec. 1834a. Assessment credits for qualifying activities
relating to distressed communities
(a) Determination of credits for increases in community enterprise
activities
(1) In general
The Community Enterprise Assessment Credit Board established
under subsection (d) of this section shall issue guidelines for
insured depository institutions eligible under this subsection for
any community enterprise assessment credit with respect to any
semiannual period. Such guidelines shall--
(A) designate the eligibility requirements for any
institution meeting applicable capital standards to receive an
assessment credit under section 1817(b)(7) of this title; and
(B) determine the community enterprise assessment credit
available to any eligible institution under paragraph (3).
(2) Qualifying activities
An insured depository institution may apply for for \1\ any
community enterprise assessment credit for any semiannual period
for--
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\1\ So in original.
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(A) the amount, during such period, of new originations of
qualified loans and other assistance provided for low- and
moderate-income persons in distressed communities, or
enterprises integrally involved with such neighborhoods, which
the Board determines are qualified to be taken into account for
purposes of this subsection;
(B) the amount, during such period, of deposits accepted
from persons domiciled in the distressed community, at any
office of the institution (including any branch) located in any
qualified distressed community, and new originations of any
loans and other financial assistance made within that community,
except that in no case shall the credit for deposits at any
institution or branch exceed the credit for loans and other
financial assistance by the bank or branch in the distressed
community; and
(C) any increase during the period in the amount of new
equity investments in community development financial
institutions.
(3) Amount of assessment credit
The amount of any community enterprise assessment credit
available under section 1817(b)(7) of this title for any insured
depository institution, or a qualified portion thereof, shall be the
amount which is equal to 5 percent, in the case of an institution
which does not meet the community development organization
requirements under section 1834b of this title, and 15 percent, in
the case of an institution, or a qualified portion thereof, which
meets such requirements (or any percentage designated under
paragraph (5)) of--
(A) for the first full semiannual period in which community
enterprise assessment credits are available, the sum of--
(i) the amounts of assets described in paragraph (2)(A);
and
(ii) the amounts of deposits, loans, and other financial
assistance described in paragraph (2)(B); and
(B) for any subsequent semiannual period, the sum of--
(i) any increase during such period in the amount of
assets described in paragraph (2)(A) that has been deemed
eligible for credit by the Board; and
(ii) any increase during such period in the amounts of
deposits, loans, and other financial assistance described in
paragraph (2)(B) that has been deemed eligible for credit by
the Board.
(4) Determination of qualified loans and other financial
assistance
Except as provided in paragraph (6), the types of loans and
other assistance which the Board may determine to be qualified to be
taken into account under paragraph (2)(A) for purposes of the
community enterprise assessment credit, may include the following:
(A) Loans insured or guaranteed by the Secretary of Housing
and Urban Development, the Secretary of the Department of
Veterans Affairs, the Administrator of the Small Business
Administration, and the Secretary of Agriculture.
(B) Loans or financing provided in connection with
activities assisted by the Administrator of the Small Business
Administration or any small business investment company and
investments in small business investment companies.
(C) Loans or financing provided in connection with any
neighborhood housing service program assisted under the
Neighborhood Reinvestment Corporation Act [42 U.S.C. 8101 et
seq.].
(D) Loans or financing provided in connection with any
activities assisted under the community development block grant
program under title I of the Housing and Community Development
Act of 1974 [42 U.S.C. 5301 et seq.].
(E) Loans or financing provided in connection with
activities assisted under title II of the Cranston-Gonzalez
National Affordable Housing Act [42 U.S.C. 12721 et seq.].
(F) Loans or financing provided in connection with a
homeownership program assisted under title III of the United
States Housing Act of 1937 [42 U.S.C. 1437aaa et seq.] or
subtitle B or C of title IV of the Cranston-Gonzalez National
Affordable Housing Act [42 U.S.C. 12871 et seq., 12891 et seq.].
(G) Financial assistance provided through community
development corporations.
(H) Federal and State programs providing interest rate
assistance for homeowners.
(I) Extensions of credit to nonprofit developers or
purchasers of low-income housing and small business
developments.
(J) In the case of members of any Federal home loan bank,
participation in the community investment fund program
established by the Federal home loan banks.
(K) Conventional mortgages targeted to low- or moderate-
income persons.
(L) Loans made for the purpose of developing or supporting--
(i) commercial facilities that enhance revitalization,
community stability, or job creation and retention efforts;
(ii) business creation and expansion efforts that--
(I) create or retain jobs for low-income people;
(II) enhance the availability of products and
services to low-income people; or
(III) create or retain businesses owned by low-
income people or residents of a targeted area;
(iii) community facilities that provide benefits to low-
income people or enhance community stability;
(iv) home ownership opportunities that are affordable to
low-income households;
(v) rental housing that is principally affordable to
low-income households; and
(vi) other activities deemed appropriate by the Board.
(M) The provision of technical assistance to residents of
qualified distressed communities in managing their personal
finances through consumer education programs either sponsored or
offered by insured depository institutions.
(N) The provision of technical assistance and consulting
services to newly formed small businesses located in qualified
distressed communities.
(O) The provision of technical assistance to, or servicing
the loans of low- or moderate-income homeowners and homeowners
located in qualified distressed communities.
(5) Adjustment of percentage
The Board may increase or decrease the percentage referred to in
paragraph (3)(A) for determining the amount of any community
enterprise assessment credit pursuant to such paragraph, except that
the percentage established for insured depository institutions which
meet the community development organization requirements under
section 1834b of this title shall not be less than 3 times the
amount of the percentage applicable for insured depository
institutions which do not meet such requirements.
(6) Certain investments not eligible to be taken into
account
Loans, financial assistance, and equity investments made by any
insured depository institution that are not the result of
originations by the institution shall not be taken into account for
purposes of determining the amount of any credit pursuant to this
subsection.
(7) Quantitative analysis of technical assistance
The Board may establish guidelines for analyzing the technical
assistance described in subparagraphs (M), (N), and (O) of paragraph
(4) for the purpose of quantifying the results of such assistance in
determining the amount of any community assessment credit under this
subsection.
(b) ``Qualified distressed community'' defined
(1) In general
For purposes of this section, the term ``qualified distressed
community'' means any neighborhood or community which--
(A) meets the minimum area requirements under paragraph (3)
and the eligibility requirements of paragraph (4); and
(B) is designated as a distressed community by any insured
depository institution in accordance with paragraph (2) and such
designation is not disapproved under such paragraph.
(2) Designation requirements
(A) Notice of designation
(i) Notice to agency
Upon designating an area as a qualified distressed
community, an insured depository institution shall notify
the appropriate Federal banking agency of the designation.
(ii) Public notice
Upon the effective date of any designation of an area as
a qualified distressed community, an insured depository
institution shall publish a notice of such designation in
major newspapers and other community publications which
serve such area.
(B) Agency duties relating to designations
(i) Providing information
At the request of any insured depository institution,
the appropriate Federal banking agency shall provide to the
institution appropriate information to assist the
institution to identify and designate a qualified distressed
community.
(ii) Period for disapproval
Any notice received by the appropriate Federal banking
agency from any insured depository institution under
subparagraph (A)(i) shall take effect at the end of the 90-
day period beginning on the date such notice is received
unless written notice of the approval or disapproval of the
application by the agency is provided to the institution
before the end of such period.
(3) Minimum area requirements
For purposes of this subsection, an area meets the requirements
of this paragraph if--
(A) the area is within the jurisdiction of 1 unit of general
local government;
(B) the boundary of the area is contiguous; and
(C) the area--
(i) has a population, as determined by the most recent
census data available, of not less than--
(I) 4,000, if any portion of such area is located
within a metropolitan statistical area (as designated by
the Director of the Office of Management and Budget)
with a population of 50,000 or more; or
(II) 1,000, in any other case; or
(ii) is entirely within an Indian reservation (as
determined by the Secretary of the Interior).
(4) Eligibility requirements
For purposes of this subsection, an area meets the requirements
of this paragraph if the following criteria are met:
(A) At least 30 percent of the residents residing in the
area have incomes which are less than the national poverty
level.
(B) The unemployment rate for the area is 1\1/2\ times
greater than the national average (as determined by the Bureau
of Labor Statistics' most recent figures).
(C) Such additional eligibility requirements as the Board
may, in its discretion, deem necessary to carry out the
provisions of this subtitle.
(c) Omitted
(d) Community Enterprise Assessment Credit Board
(1) Establishment
There is hereby established the ``Community Enterprise
Assessment Credit Board''.
(2) Number and appointment
The Board shall be composed of 5 members as follows:
(A) The Secretary of the Treasury or a designee of the
Secretary.
(B) The Secretary of Housing and Urban Development or a
designee of the Secretary.
(C) The Chairperson of the Federal Deposit Insurance
Corporation or a designee of the Chairperson.
(D) 2 individuals appointed by the President from among
individuals who represent community organizations.
(3) Terms
(A) Appointed members
Each appointed member shall be appointed for a term of 5
years.
(B) Interim appointment
Any member appointed to fill a vacancy occurring before the
expiration of the term to which such member's predecessor was
appointed shall be appointed only for the remainder of such
term.
(C) Continuation of service
Each appointed member may continue to serve after the
expiration of the period to which such member was appointed
until a successor has been appointed.
(4) Chairperson
The Secretary of the Treasury shall serve as the Chairperson of
the Board.
(5) No pay
No members of the Commission may receive any pay for service on
the Board.
(6) Travel expenses
Each member shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of
title 5.
(7) Meetings
The Board shall meet at the call of the Chairperson or a
majority of the Board's members.
(e) Duties of Board
(1) Procedure for determining community enterprise
assessment credits
The Board shall establish procedures for accepting and
considering applications by insured depository institutions under
subsection (a)(1) of this section for community enterprise
assessment credits and making determinations with respect to such
applications.
(2) Notice to FDIC
The Board shall notify the applicant and the Federal Deposit
Insurance Corporation of any determination of the Board with respect
to any application referred to in paragraph (1) in sufficient time
for the Corporation to include the amount of such credit in the
computation of the semiannual assessment to which such credit is
applicable.
(f) Availability of funds
The provisions of this section shall not take effect until
appropriations are specifically provided in advance. There are hereby
authorized to be appropriated such sums as may be necessary to carry out
the provisions of this section.
(g) Prohibition on double funding for same activities
No community development financial institution may receive a
community enterprise assessment credit if such institution, either
directly or through a community partnership--
(1) has received assistance within the preceding 12-month
period, or has an application for assistance pending, under section
4704 of this title; or
(2) has ever received assistance, under section 4707 of this
title, for the same activity during the same semiannual period for
which the institution seeks a community enterprise assessment credit
under this section.
(h) Priority of awards
(1) Qualifying loans and services
(A) In general
If the amount of funds appropriated for purposes of carrying
out this section for any fiscal year are insufficient to award
the amount of assessment credits for which insured depository
institutions have applied and are eligible under this section,
the Board shall, in awarding community enterprise assessment
credits for qualifying activities under subparagraphs (A) and
(B) of subsection (a)(2) of this section for any semiannual
period for which such appropriation is available, determine
which institutions shall receive an award.
(B) Priority for support of efforts of CDFI
The Board shall give priority to institutions that have
supported the efforts of community development financial
institutions in the qualified distressed community.
(C) Other factors
The Board may also consider the following factors:
(i) Degree of difficulty
The degree of difficulty in carrying out the activities
that form the basis for the institution's application.
(ii) Community impact
The extent to which the activities that form the basis
for the institution's application have benefited the
qualified distressed community.
(iii) Innovation
The degree to which the activities that form the basis
for the institution's application have incorporated
innovative methods for meeting community needs.
(iv) Leverage
The leverage ratio between the dollar amount of the
activities that form the basis for the institution's
application and the amount of the assessment credit
calculated in accordance with this section for such
activities.
(v) Size
The amount of total assets of the institution.
(vi) New entry
Whether the institution had provided financial services
in the designated distressed community before such
semiannual period.
(vii) Need for subsidy
The degree to which the qualified activity which forms
the basis for the application needs enhancement through an
assessment credit.
(viii) Extent of distress in community
The degree of poverty and unemployment in the designated
distressed community, the proportion of the total population
of the community which are low-income families and unrelated
individuals, and the extent of other adverse economic
conditions in such community.
(2) Qualifying investments
If the amount of funds appropriated for purposes of carrying out
this section for any fiscal year are insufficient to award the
amount of assessment credits for which insured depository
institutions have applied and are eligible under this section, the
Board shall, in awarding community enterprise assessment credits for
qualifying activities under subsection (a)(2)(C) of this section for
any semiannual period for which such appropriation is available,
determine which institutions shall receive an award based on the
leverage ratio between the dollar amount of the activities that form
the basis for the institution's application and the amount of the
assessment credit calculated in accordance with this section for
such activities.
(i) Determination of amount of assessment credit
Notwithstanding any other provision of this section, the
determination of the amount of any community enterprise assessment
credit under subsection (a)(3) of this section for any insured
depository institution for any semiannual period shall be made solely at
the discretion of the Board. No insured depository institution shall be
awarded community enterprise assessment credits for any semiannual
period in excess of an amount determined by the Board.
(j) Definitions
For purposes of this section--
(1) Appropriate Federal banking agency
The term ``appropriate Federal banking agency'' has the meaning
given to such term in section 1813(q) of this title.
(2) Board
The term ``Board'' means the Community Enterprise Assessment
Credit Board established under the amendment made \2\ by subsection
(d) of this section.
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\2\ So in original. The words ``under the amendment made'' probably
should not appear.
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(3) Insured depository institution
The term ``insured depository institution'' has the meaning
given to such term in section 1813(c)(2) of this title.
(4) Community development financial institution
The term ``community development financial institution'' has the
same meaning as in section 4702(5) of this title.
(5) Affiliate
The term ``affiliate'' has the same meaning as in section 1841
of this title.
(Pub. L. 102-242, title II, Sec. 233, Dec. 19, 1991, 105 Stat. 2311;
Pub. L. 102-550, title IX, Sec. 931(c)-(e), title XVI, Secs. 1604(b)(2),
1605(a)(7), Oct. 28, 1992, 106 Stat. 3888, 3889, 4083, 4086; Pub. L.
102-558, title III, Secs. 303(b)(2), (9), 305, Oct. 28, 1992, 106 Stat.
4224, 4226; Pub. L. 103-325, title I, Sec. 114(c), Sept. 23, 1994, 108
Stat. 2181.)
References in Text
The Neighborhood Reinvestment Corporation Act, referred to in
subsec. (a)(4)(C), is title VI of Pub. L. 95-557, Oct. 31, 1978, 92
Stat. 2115, which is classified to subchapter I (Sec. 8101 et seq.) of
chapter 90 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see section 601 of Pub. L. 95-
557, set out as a Short Title note under section 8101 of Title 42 and
Tables.
The Housing and Community Development Act of 1974, referred to in
subsec. (a)(4)(D), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as
amended. Title I of the Act is classified principally to chapter 69
(Sec. 5301 et seq.) of Title 42. For complete classification of this Act
to the Code, see Short Title note set out under section 5301 of Title 42
and Tables.
The Cranston-Gonzalez National Affordable Housing Act, referred to
in subsec. (a)(4)(E), (F), is Pub. L. 101-625, Nov. 28, 1990, 104 Stat.
4079. Title II of the Act, also known as the ``HOME Investment
Partnerships Act'', is classified principally to subchapter II
(Sec. 12721 et seq.) of chapter 130 of Title 42. Subtitles B and C of
title IV of the Act are classified respectively to parts A (Sec. 12871
et seq.) and B (Sec. 12891 et seq.) of subchapter IV of chapter 130 of
Title 42. For complete classification of this Act to the Code, see Short
Title note set out under section 12701 of Title 42 and Tables.
The United States Housing Act of 1937, referred to in subsec.
(a)(4)(F), is act Sept. 1, 1937, ch. 896, as revised generally by Pub.
L. 93-383, title II, Sec. 201(a), Aug. 22, 1974, 88 Stat. 653. Title III
of the Act is classified generally to subchapter II-A (Sec. 1437aaa et
seq.) of Title 42. For complete classification of this Act to the Code,
see Short Title note set out under section 1437 of Title 42 and Tables.
This subtitle, referred to in subsec. (b)(4)(C), is subtitle C
(Secs. 231-234) of title II of Pub. L. 102-242, Dec. 19, 1991, 105 Stat.
2308, known as the Bank Enterprise Act of 1991, which enacted this
section and sections 1834 and 1834b of this title, amended section 1817
of this title, and enacted provisions set out as a note under section
1811 of this title. For complete classification of subtitle C to the
Code, see section 231 of Pub. L. 102-242, set out as a Short Title of
1991 Amendment note under section 1811 of this title and Tables.
Codification
Section was enacted as part of the Bank Enterprise Act of 1991, and
also as part of the Foreign Bank Supervision Enhancement Act of 1991 and
as part of the Federal Deposit Insurance Corporation Improvement Act of
1991, and not as part of the Federal Deposit Insurance Act which
comprises this chapter.
Section is comprised of section 233 of Pub. L. 102-242. Subsec. (c)
of section 233 of Pub. L. 102-242 amended section 1817 of this title.
Amendments
1994--Subsec. (a)(2). Pub. L. 103-325, Sec. 114(c)(1)(A),
substituted ``may apply for'' for ``shall be eligible'' in introductory
provisions.
Subsec. (a)(2)(A). Pub. L. 103-325, Sec. 114(c)(1)(B), substituted
``assistance'' for ``financial assistance''.
Subsec. (a)(2)(C). Pub. L. 103-325, Sec. 114(c)(1)(C) to (E), added
subpar. (C).
Subsec. (a)(4). Pub. L. 103-325, Sec. 114(c)(2)(A), struck out
``financial'' before ``assistance'' in introductory provisions.
Subsec. (a)(4)(L) to (O). Pub. L. 103-325, Sec. 114(c)(2)(B), added
subpars. (L) to (O).
Subsec. (a)(5). Pub. L. 103-325, Sec. 114(c)(3), substituted
``paragraph (3)(A)'' for ``paragraph (3)''.
Subsec. (a)(6). Pub. L. 103-325, Sec. 114(c)(4), substituted
``Loans, financial assistance, and equity investments made by any
insured depository institution'' for ``Investments by any insured
depository institution in loans and securities''.
Subsec. (a)(7). Pub. L. 103-325, Sec. 114(c)(5), added par. (7).
Subsec. (g). Pub. L. 103-325, Sec. 114(c)(6), added subsec. (g) and
redesignated former subsec. (g) as (j).
Subsecs. (h), (i). Pub. L. 103-325, Sec. 114(c)(7), added subsecs.
(h) and (i).
Subsec. (j). Pub. L. 103-325, Sec. 114(c)(6)(A), redesignated
subsec. (g) as (j).
Subsec. (j)(4), (5). Pub. L. 103-325, Sec. 114(a)(8), added pars.
(4) and (5).
1992--Subsec. (a)(1)(A). Pub. L. 102-558, Sec. 303(b)(9)(A),
substituted ``section 1817(b)(7)'' for ``section 1817(d)(4)''. Pub. L.
102-550, Sec. 1605(a)(7)(A), which contained an identical amendment, was
repealed, effective Oct. 28, 1992, by Pub. L. 102-558, Sec. 305, set out
as a Repeal of Duplicative Provisions note under section 1815 of this
title.
Subsec. (a)(2). Pub. L. 102-550, Sec. 931(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``An insured
depository institution shall be eligible for any community enterprise
assessment credit for any semiannual period for--
``(A) any increase during such period in the amount of new
originations of qualified loans and other financial assistance
provided for low- and moderate-income persons in distressed
communities, or enterprises integrally involved with such
neighborhoods, which the Board determines are qualified to be taken
into account for purposes of this subsection; and
``(B) any increase during such period in the amount of deposits
accepted from persons domiciled in the distressed community, at any
office of the institution (including any branch) located in any
qualified distressed community, and any increase during such period
in the amount of new originations of loans and other financial
assistance made within that community, except that in no case shall
the credit for increased deposits at any institution or branch
exceed the credit for increased loan and other financial assistance
by the bank or branch in the distressed community.''
Subsec. (a)(3). Pub. L. 102-558, Sec. 303(b)(9)(B), substituted
``section 1817(b)(7)'' for ``section 1817(d)(4)''. Pub. L. 102-550,
Sec. 1605(a)(7)(B), which contained an identical amendment, was
repealed, effective Oct. 28, 1992, by Pub. L. 102-558, Sec. 305, set out
as a Repeal of Duplicative Provisions note under section 1815 of this
title.
Pub. L. 102-558, Sec. 303(b)(2), which directed technical amendment
to reference to section 1834b of this title to correct reference to
corresponding section of original act, could not be executed because of
prior general amendment by Pub. L. 102-550, Sec. 931(d). See below. Pub.
L. 102-550, Sec. 1604(b)(2), which contained an identical amendment, was
repealed, effective Oct. 28, 1992, by Pub. L. 102-558, Sec. 305, set out
as a Repeal of Duplicative Provisions note under section 1815 of this
title.
Pub. L. 102-550, Sec. 931(d), amended par. (3) generally. Prior to
amendment, par. (3) read as follows: ``The amount of any community
enterprise assessment credit available under section 1817(d)(4) of this
title for any insured depository institution, or a qualified portion
thereof, for any semiannual period shall be the amount which is equal to
5 percent, in the case of an institution which does not meet the
community development organization requirements under section 1834b of
this title, and 15 percent, in the case of an institution, or a
qualified portion thereof, which meets such requirements (or any
percentage designated under paragraph (5)) of the sum of--
``(A) the amounts of assets described in paragraph (2)(A); and
``(B) the amounts of deposits, loans, and other extensions of
credit described in paragraph (2)(B).''
Subsec. (a)(5). Pub. L. 102-558, Sec. 303(b)(2), made technical
amendment to reference to section 1834b of this title to correct
reference to corresponding section of original act. Pub. L. 102-550,
Sec. 1604(b)(2), which made identical amendment, was repealed, effective
Oct. 28, 1992, by Pub. L. 102-558, Sec. 305, set out as a Repeal of
Duplicative Provisions note under section 1815 of this title.
Subsec. (b)(4). Pub. L. 102-550, Sec. 931(e), amended par. (4)
generally. Prior to amendment, par. (4) read as follows: ``For purposes
of this subsection, an area meets the requirements of this paragraph if
at least 2 of the following criteria are met:
``(A) Income.--At least 70 percent of the families and unrelated
individuals residing in the area have incomes of less than 80 percent of
the median income of the area.
``(B) Poverty.--At least 20 percent of the residents residing in the
area have incomes which are less than the national poverty level (as
determined pursuant to criteria established by the Director of the
Office of Management and Budget).
``(C) Unemployment.--The unemployment rate for the area is one and
one-half times greater than the national average (as determined by the
Bureau of Labor Statistic's most recent figures).''
Subsec. (e)(2). Pub. L. 102-558, Sec. 303(b)(9)(C), substituted ``of
the semiannual assessment to which such credit is applicable'' for
``made for purposes of the notification required under section
1817(d)(1)(B) of this title''. Pub. L. 102-550, Sec. 1605(a)(7)(C),
which contained an identical amendment, was repealed, effective Oct. 28,
1992, by Pub. L. 102-558, Sec. 305, set out as a Repeal of Duplicative
Provisions note under section 1815 of this title.
Effective Date of 1992 Amendment
Amendment by section 303(b)(2) of Pub. L. 102-558 deemed to have
become effective Mar. 1, 1992, see section 304 of Pub. L. 102-558, set
out as a note under section 2062 of Title 50, Appendix, War and National
Defense.
Section 303(b)(9) of Pub. L. 102-558 provided that the amendment
made by that section is effective on the effective date of the amendment
made by section 302(e)(4) of Pub. L. 102-242 [see section 302(g) of Pub.
L. 102-242, set out as a note under section 1817 of this title].
Section 1605(a)(7) of Pub. L. 102-550, which provided effective date
provisions for the amendment made by that section, was repealed,
effective Oct. 28, 1992, by section 305 of Pub. L. 102-558, set out as a
Repeal of Duplicative Provisions note under section 1815 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1834b, 4713 of this title;
title 42 section 5318a.
