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S. 4255, Jobs and Neighborhood Investment Act

Summary

S. 4255, the Jobs and Neighborhood Investment Act, was introduced July 21, 2020 by Mr. Warner (for himself, Mr. Booker, Ms. Harris, and Mr. Schumer) and referred to committee. It is a bill to amend the CARES Act to establish community investment programs. Section 2 states the purpose: programs to revitalize and provide long-term financial products and service availability for low- and moderate-income and minority communities, and to respond to the unprecedented loss of Black-owned businesses and unemployment. Section 3 directs the Secretary of the Treasury to consider increasing the availability of affordable credit for consumers, small businesses, and nonprofit organizations.

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Bills Bills 116S4255Is Bills 116S4255Is
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Cite this document

“S. 4255, Jobs and Neighborhood Investment Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4255is-bills-116s4255is/, SHA-256 2f784e782aacf96dc769d8bd5d096300a0ccf2fb475fb2b6bcd4128944f48a4d.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4255
                                                                           To amend the CARES Act to establish community investment programs,
                                                                                               and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                        JULY 21, 2020
                                                                       Mr. WARNER (for himself, Mr. BOOKER, Ms. HARRIS, and Mr. SCHUMER) in-
                                                                           troduced the following bill; which was read twice and referred to the Com-
                                                                           mittee on Banking, Housing, and Urban Affairs




                                                                                                                 A BILL
                                                                                   To amend the CARES Act to establish community
                                                                                     investment programs, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Jobs and Neighbor-
                                                                         5 hood Investment Act’’.
                                                                         6     SEC. 2. PURPOSE.

                                                                         7              The purpose of this Act is to—
                                                                         8                       (1) establish programs to revitalize and provide




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                                                                         9              long-term financial products and service availability




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                                                                         1              for, and provide investments in, low- and moderate-
                                                                         2              income and minority communities;
                                                                         3                       (2) respond to the unprecedented loss of Black-
                                                                         4              owned businesses and unemployment; and
                                                                         5                       (3) otherwise enhance the stability, safety and
                                                                         6              soundness of community financial institutions that
                                                                         7              support low- and moderate-income and minority
                                                                         8              communities.
                                                                         9     SEC. 3. CONSIDERATIONS; REQUIREMENTS FOR CREDI-

                                                                       10                              TORS.

                                                                       11               (a) IN GENERAL.—In exercising the authorities
                                                                       12 under this Act and the amendments made by this Act,
                                                                       13 the Secretary of the Treasury shall take into consider-
                                                                       14 ation—
                                                                       15                        (1) increasing the availability of affordable
                                                                       16               credit for consumers, small businesses, and nonprofit
                                                                       17               organizations, including for projects supporting af-
                                                                       18               fordable housing, community-serving real estate, and
                                                                       19               other projects, that provide direct benefits to low-
                                                                       20               and moderate-income communities, low-income and
                                                                       21               underserved individuals, and minorities;
                                                                       22                        (2) providing funding to minority-owned or mi-
                                                                       23               nority-led eligible institutions and other eligible insti-
                                                                       24               tutions that have a strong track record of serving



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                                                                       25               minority small businesses;


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                                                                         1                       (3) protecting and increasing jobs in the United
                                                                         2              States;
                                                                         3                       (4) increasing the opportunity for small busi-
                                                                         4              ness, affordable housing and community develop-
                                                                         5              ment in geographic areas and demographic segments
                                                                         6              with poverty and high unemployment rates that ex-
                                                                         7              ceed the average in the United States;
                                                                         8                       (5) ensuring that all low- and moderate-income
                                                                         9              community financial institutions may apply to par-
                                                                       10               ticipate in the programs established under this Act
                                                                       11               and the amendments made by this Act, without dis-
                                                                       12               crimination based on geography;
                                                                       13                        (6) providing transparency with respect to use
                                                                       14               of funds provided under this Act and the amend-
                                                                       15               ments made by this Act;
                                                                       16                        (7) promoting and engaging in financial edu-
                                                                       17               cation to would-be borrowers; and
                                                                       18                        (8) providing funding to eligible institutions
                                                                       19               that serve consumers, small businesses, and non-
                                                                       20               profit organizations to support affordable housing,
                                                                       21               community-serving real estate, and other projects
                                                                       22               that provide direct benefits to low- and moderate-in-
                                                                       23               come communities, low-income individuals, and mi-
                                                                       24               norities directly affected by the COVID–19 pan-



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                                                                       25               demic.


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                                                                         1              (b) REQUIREMENT FOR CREDITORS.—Any creditor
                                                                         2 participating in a program established under this Act or
                                                                         3 the amendments made by this Act shall fully comply with
                                                                         4 all applicable statutory and regulatory requirements relat-
                                                                         5 ing to fair lending.
                                                                         6     SEC. 4. SENSE OF CONGRESS.

                                                                         7              It is the sense of Congress that the investments made
                                                                         8 by the Secretary of the Treasury under this Act and the
                                                                         9 amendments made by this Act should be designed to maxi-
                                                                       10 mize the benefit to low- and moderate-income and minor-
                                                                       11 ity communities and contemplate losses to capital of the
                                                                       12 Treasury.
                                                                       13      SEC. 5. NEIGHBORHOOD INVESTMENT PROGRAMS.

                                                                       14               Title IV of the CARES Act (Public Law 116–136)
                                                                       15 is amended—
                                                                       16                        (1) in section 4002 (15 U.S.C. 9041)—
                                                                       17                                  (A)         by    redesignating                 paragraphs     (7)
                                                                       18                        through (10) as paragraphs (8) through (11),
                                                                       19                        respectively; and
                                                                       20                                  (B) by inserting after paragraph (6) the
                                                                       21                        following:
                                                                       22                        ‘‘(7) LOW-                 AND MODERATE-INCOME COMMU-

                                                                       23               NITY FINANCIAL INSTITUTION.—The term ‘low- and

                                                                       24               moderate-income community financial institution’



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                                                                       25               means any financial institution that is—


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                                                                         1                                 ‘‘(A) a community development financial
                                                                         2                       institution, as defined in section 103 of the Rie-
                                                                         3                       gle Community Development and Regulatory
                                                                         4                       Improvement Act of 1994 (12 U.S.C. 4702); or
                                                                         5                                 ‘‘(B) a minority depository institution, as
                                                                         6                       defined in section 308 of the Financial Institu-
                                                                         7                       tions Reform, Recovery, and Enforcement Act
                                                                         8                       of 1989 (12 U.S.C. 1463 note), for which the
                                                                         9                       majority of the community served by the minor-
                                                                       10                        ity depository institution is minority, as defined
                                                                       11                        in such section.’’;
                                                                       12                        (2) in section 4003 (15 U.S.C. 9042), by add-
                                                                       13               ing at the end the following:
                                                                       14               ‘‘(i) NEIGHBORHOOD CAPITAL INVESTMENT PRO-
                                                                       15      GRAM.—

                                                                       16                        ‘‘(1) DEFINITIONS.—In this subsection—
                                                                       17                                  ‘‘(A) the term ‘community development fi-
                                                                       18                        nancial institution’ has the meaning given the
                                                                       19                        term in section 103 of the Riegle Community
                                                                       20                        Development and Regulatory Improvement Act
                                                                       21                        of 1994 (12 U.S.C. 4702);
                                                                       22                                  ‘‘(B) the term ‘Fund’ means the Commu-
                                                                       23                        nity Development Financial Institutions Fund
                                                                       24                        established under section 104(a) of the Riegle



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                                                                         1                       Community Development and Regulatory Im-
                                                                         2                       provement Act of 1994 (12 U.S.C. 4703(a));
                                                                         3                                 ‘‘(C) the term ‘minority’ means any Black
                                                                         4                       American, Native American, Hispanic Amer-
                                                                         5                       ican, or Asian American; and
                                                                         6                                 ‘‘(D) the term ‘Program’ means the Neigh-
                                                                         7                       borhood Capital Investment Program estab-
                                                                         8                       lished under paragraph (2).
                                                                         9                       ‘‘(2) ESTABLISHMENT.—The Secretary shall es-
                                                                       10               tablish a Neighborhood Capital Investment Program
                                                                       11               to support low- and moderate-income community fi-
                                                                       12               nancial institutions to provide loans and forbearance
                                                                       13               to borrowers in low- and moderate-income commu-
                                                                       14               nities, especially for borrowers who are historically
                                                                       15               disadvantaged, including minorities, and borrowers
                                                                       16               in rural and urban low-income and underserved com-
                                                                       17               munities.
                                                                       18                        ‘‘(3) INVESTMENTS.—Under the Program, the
                                                                       19               Secretary shall establish a fund to facilitate direct
                                                                       20               capital investments, including purchases and modi-
                                                                       21               fications of those purchases, of senior preferred non-
                                                                       22               voting stock, subordinated debentures, and other fi-
                                                                       23               nancial instruments (including equity equivalent cap-
                                                                       24               ital and secondary capital investments described in



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                                                                       25               section 216(o)(2)(C) of the Federal Credit Union


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                                                                         1              Act (12 U.S.C. 1790d(o)(2)(C)) from low- and mod-
                                                                         2              erate-income community financial institutions on
                                                                         3              such terms as are determined by the Secretary in ac-
                                                                         4              cordance with this subtitle.
                                                                         5                       ‘‘(4) APPLICATION.—
                                                                         6                                 ‘‘(A) ACCEPTANCE.—The Secretary shall
                                                                         7                       begin accepting applications for capital invest-
                                                                         8                       ments under the Program not later than the
                                                                         9                       end of the 30-day period beginning on the date
                                                                       10                        of enactment of this subsection, with priority in
                                                                       11                        distribution given to low- and moderate-income
                                                                       12                        community financial institutions that are mi-
                                                                       13                        nority-owned or minority-led lenders.
                                                                       14                                  ‘‘(B) REQUIREMENT TO PROVIDE A NEIGH-
                                                                       15                        BORHOOD INVESTMENT LENDING PLAN.—

                                                                       16                                         ‘‘(i) IN GENERAL.—At the time that
                                                                       17                                  an applicant submits an application to the
                                                                       18                                  Secretary for a capital investment under
                                                                       19                                  the Program, the applicant shall provide
                                                                       20                                  the Secretary, along with the appropriate
                                                                       21                                  Federal banking agency, an investment
                                                                       22                                  and lending plan that—
                                                                       23                                                  ‘‘(I) demonstrates that not less
                                                                       24                                         than 30 percent of the lending of the



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                                                                       25                                         applicant over the past 2 fiscal years


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                                                                         1                                        was made directly to low- and mod-
                                                                         2                                        erate income borrowers, to borrowers
                                                                         3                                        that create direct benefits for low- and
                                                                         4                                        moderate-income populations, to other
                                                                         5                                        targeted populations as defined by the
                                                                         6                                        Fund, or any combination thereof, as
                                                                         7                                        measured by the total number and
                                                                         8                                        dollar amount of loans;
                                                                         9                                                 ‘‘(II) describes how the business
                                                                       10                                         strategy and operating goals of the
                                                                       11                                         applicant will address community de-
                                                                       12                                         velopment needs, which includes the
                                                                       13                                         needs of small businesses, consumers,
                                                                       14                                         nonprofit organizations, community
                                                                       15                                         development, and other projects pro-
                                                                       16                                         viding direct benefits to low- and mod-
                                                                       17                                         erate-income communities, low-income
                                                                       18                                         individuals, and minorities within the
                                                                       19                                         minority, rural, and urban low-income
                                                                       20                                         and underserved areas served by the
                                                                       21                                         applicant;
                                                                       22                                                  ‘‘(III) includes a plan to provide
                                                                       23                                         linguistically and culturally appro-
                                                                       24                                         priate outreach, where appropriate;



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                                                                         1                                                 ‘‘(IV) includes an attestation by
                                                                         2                                        the applicant that the applicant does
                                                                         3                                        not own, service, or offer any financial
                                                                         4                                        products at an annual percentage rate
                                                                         5                                        of more than 36 percent interest, as
                                                                         6                                        defined in section 987(i)(4) of title
                                                                         7                                        10, United States Code, and is com-
                                                                         8                                        pliant with State interest rate laws;
                                                                         9                                        and
                                                                       10                                                  ‘‘(V) includes details on how the
                                                                       11                                         applicant plans to expand or maintain
                                                                       12                                         significant lending or investment ac-
                                                                       13                                         tivity in low- or moderate-income mi-
                                                                       14                                         nority communities, to historically dis-
                                                                       15                                         advantaged borrowers, and to minori-
                                                                       16                                         ties that have significant unmet cap-
                                                                       17                                         ital or financial services needs.
                                                                       18                                         ‘‘(ii)          COMMUNITY                       DEVELOPMENT

                                                                       19                                  LOAN FUNDS.—An applicant that is not an

                                                                       20                                  insured community development financial
                                                                       21                                  institution or otherwise regulated by a
                                                                       22                                  Federal financial regulator shall submit
                                                                       23                                  the plan described in clause (i) only to the
                                                                       24                                  Secretary.



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                                                                         1                                         ‘‘(iii) DOCUMENTATION.—In the case
                                                                         2                                 of an applicant that is certified as a com-
                                                                         3                                 munity development financial institution as
                                                                         4                                 of the date of enactment of this subsection,
                                                                         5                                 for purposes of clause (i)(I), the Secretary
                                                                         6                                 may rely on documentation submitted the
                                                                         7                                 Fund as part of certification compliance
                                                                         8                                 reporting.
                                                                         9                       ‘‘(5) INCENTIVES TO INCREASE LENDING AND
                                                                       10               PROVIDE AFFORDABLE CREDIT.—

                                                                       11                                  ‘‘(A)       REQUIREMENTS                       ON        PREFERRED

                                                                       12                        STOCK AND OTHER FINANCIAL INSTRUMENT.—

                                                                       13                        Any financial instrument issued to Treasury by
                                                                       14                        a low- and moderate-income community finan-
                                                                       15                        cial institution under the Program shall provide
                                                                       16                        the following:
                                                                       17                                          ‘‘(i) No dividends, interest or other
                                                                       18                                  payments shall exceed 2 percent per
                                                                       19                                  annum.
                                                                       20                                          ‘‘(ii) After the first 24 months from
                                                                       21                                  the date of the capital investment under
                                                                       22                                  the Program, annual payments may be re-
                                                                       23                                  quired, as determined by the Secretary and
                                                                       24                                  in accordance with this section, and ad-



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                                                                       25                                  justed downward based on the amount of


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                                                                         1                                 affordable credit provided by the low- and
                                                                         2                                 moderate-income community financial in-
                                                                         3                                 stitution to borrowers in minority, rural,
                                                                         4                                 and urban low-income and underserved
                                                                         5                                 communities.
                                                                         6                                        ‘‘(iii) During any calendar quarter
                                                                         7                                 after the initial 24-month period referred
                                                                         8                                 to in clause (ii), the annual payment rate
                                                                         9                                 of a low- and moderate-income community
                                                                       10                                  financial institution shall be adjusted
                                                                       11                                  downward to reflect the following schedule,
                                                                       12                                  based on lending by the institution relative
                                                                       13                                  to the baseline period:
                                                                       14                                                  ‘‘(I) If the institution in the most
                                                                       15                                         recent annual period prior to the in-
                                                                       16                                         vestment provides significant lending
                                                                       17                                         or investment activity in low- or mod-
                                                                       18                                         erate-income minority communities,
                                                                       19                                         historically disadvantaged borrowers,
                                                                       20                                         and to minorities that have significant
                                                                       21                                         unmet capital or financial services,
                                                                       22                                         the annual payment rate shall not ex-
                                                                       23                                         ceed 0.5 percent per annum.
                                                                       24                                                  ‘‘(II) If the amount of lending



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                                                                       25                                         within minority, rural, and urban low-


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                                                                         1                                        income and underserved communities
                                                                         2                                        and to low- and moderate-income bor-
                                                                         3                                        rowers has increased dollar for dollar
                                                                         4                                        based on the amount of the capital in-
                                                                         5                                        vestment, the annual payment rate
                                                                         6                                        shall not exceed 1 percent per annum.
                                                                         7                                                 ‘‘(III) If the amount of lending
                                                                         8                                        within minority, rural, and urban low-
                                                                         9                                        income and underserved communities
                                                                       10                                         and to low- and moderate-income bor-
                                                                       11                                         rowers has increased by twice the
                                                                       12                                         amount of the capital investment, the
                                                                       13                                         annual payment rate shall not exceed
                                                                       14                                         0.5 percent per annum.
                                                                       15                                  ‘‘(B) CONTINGENCY OF PAYMENTS BASED
                                                                       16                        ON CERTAIN FINANCIAL CRITERIA.—

                                                                       17                                         ‘‘(i) DEFERRAL.—Any annual pay-
                                                                       18                                  ments under this subsection shall be de-
                                                                       19                                  ferred in any quarter or payment period if
                                                                       20                                  any of the following is true:
                                                                       21                                                  ‘‘(I) The low- and moderate-in-
                                                                       22                                         come community institution fails to
                                                                       23                                         meet the Tier 1 capital ratio or simi-
                                                                       24                                         lar ratio as determined by the Sec-



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                                                                       25                                         retary.


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                                                                         1                                                 ‘‘(II) The low- and moderate-in-
                                                                         2                                        come community financial institution
                                                                         3                                        fails to achieve positive net income for
                                                                         4                                        the quarter or payment period.
                                                                         5                                                 ‘‘(III) The low- and moderate-in-
                                                                         6                                        come community financial institution
                                                                         7                                        determines that the payment would be
                                                                         8                                        detrimental to the financial health of
                                                                         9                                        the institution.
                                                                       10                                         ‘‘(ii) TESTING                   DURING           NEXT   PAY-

                                                                       11                                  MENT PERIOD.—Any deferred annual pay-

                                                                       12                                  ment under this subsection shall be tested
                                                                       13                                  against the metrics described in clause (i)
                                                                       14                                  at the beginning of the next payment pe-
                                                                       15                                  riod, and such payments shall continue to
                                                                       16                                  be deferred until the metrics described in
                                                                       17                                  that clause are no longer applicable.
                                                                       18                        ‘‘(6) RESTRICTIONS.—
                                                                       19                                  ‘‘(A) IN GENERAL.—Each low- and mod-
                                                                       20                        erate-income community financial institution
                                                                       21                        may only issue financial instruments or senior
                                                                       22                        preferred stock under this subsection with an
                                                                       23                        aggregate principal amount that is—




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                                                                         1                                        ‘‘(i) not more than 15 percent of risk-
                                                                         2                                 weighted assets for an institution with as-
                                                                         3                                 sets of more than $2,000,000,000;
                                                                         4                                        ‘‘(ii) not more than 25 percent of
                                                                         5                                 risk-weighted assets for an institution with
                                                                         6                                 assets of not less than $500,000,000 and
                                                                         7                                 not more than $2,000,000,000; and
                                                                         8                                        ‘‘(iii) not more than 30 percent of
                                                                         9                                 risk-weighted assets for an institution with
                                                                       10                                  assets of less than $500,000,000.
                                                                       11                                  ‘‘(B) HOLDING OF INSTRUMENTS.—Hold-
                                                                       12                        ing any instrument of a low- and moderate-in-
                                                                       13                        come community financial institution described
                                                                       14                        in subparagraph (A) shall not give the Treasury
                                                                       15                        or any successor that owns the instrument any
                                                                       16                        rights over the management of the institution.
                                                                       17                                  ‘‘(C) SALE OF INTEREST.—With respect to
                                                                       18                        a capital investment made into a low- and mod-
                                                                       19                        erate-income community financial institution
                                                                       20                        under this subsection, the Secretary—
                                                                       21                                         ‘‘(i) except as provided in clause (iv),
                                                                       22                                  during the 10-year period following the in-
                                                                       23                                  vestment, may not sell the interest of the
                                                                       24                                  Secretary in the capital investment to a



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                                                                       25                                  third party;


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                                                                         1                                        ‘‘(ii) shall provide the low- and mod-
                                                                         2                                 erate-income community financial institu-
                                                                         3                                 tion a right of first refusal to buy back the
                                                                         4                                 investment under terms that do not exceed
                                                                         5                                 a value as determined by an independent
                                                                         6                                 third party; and
                                                                         7                                        ‘‘(iii) shall not sell more than a 5 per-
                                                                         8                                 cent ownership interest in the capital in-
                                                                         9                                 vestment to a single third party; and
                                                                       10                                         ‘‘(iv) with the permission of the insti-
                                                                       11                                  tution, may gift or sell the interest of the
                                                                       12                                  Secretary in the capital investment for a
                                                                       13                                  de minimus amount to—
                                                                       14                                                  ‘‘(I) a mission aligned nonprofit
                                                                       15                                         affiliate of an applicant that is an in-
                                                                       16                                         sured community development finan-
                                                                       17                                         cial institution, as defined in section
                                                                       18                                         103 of the Riegle Community Devel-
                                                                       19                                         opment and Regulatory Improvement
                                                                       20                                         Act of 1994 (12 U.S.C. 4702); or
                                                                       21                                                  ‘‘(II) 1 or more mission-aligned
                                                                       22                                         nonprofit organizations selected by the
                                                                       23                                         institution that are not affiliated with
                                                                       24                                         the institution.



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                                                                         1                                        ‘‘(v) CALCULATION                         OF       OWNERSHIP

                                                                         2                                 FOR         MINORITY               DEPOSITORY                  INSTITU-

                                                                         3                                 TIONS.—The calculation and determination

                                                                         4                                 of ownership thresholds for a depository
                                                                         5                                 institution to qualify as a minority deposi-
                                                                         6                                 tory        institution             described             in    section
                                                                         7                                 4002(7)(B) shall exclude any dilutive effect
                                                                         8                                 of equity investments by the Federal Gov-
                                                                         9                                 ernment, including under the Program or
                                                                       10                                  through the Fund.
                                                                       11                        ‘‘(7) AVAILABLE AMOUNTS.—In carrying out
                                                                       12               the Program, the Secretary shall use such sums as
                                                                       13               may be necessary, but not less than $7,000,000,000,
                                                                       14               from amounts made available under subsection (b),
                                                                       15               notwithstanding the limitations on the use of such
                                                                       16               funds under paragraphs (1) through (4) of such sub-
                                                                       17               section (b).
                                                                       18                        ‘‘(8) TREATMENT OF CAPITAL INVESTMENTS.—
                                                                       19               Any capital investment under the Program shall re-
                                                                       20               ceive Tier 1 capital treatment, as defined by the
                                                                       21               Federal Financial Institutions Examination Council,
                                                                       22               or shall be treated as a secondary capital investment
                                                                       23               described in section 216(o)(2)(C) of the Federal
                                                                       24               Credit Union Act (12 U.S.C. 1790d(o)(2)(C)).



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                                                                         1                       ‘‘(9) OUTREACH                     TO        MINORITIES.—The             Sec-
                                                                         2              retary shall require low- and moderate-income com-
                                                                         3              munity financial institutions receiving capital invest-
                                                                         4              ments under the Program to provide linguistically
                                                                         5              and culturally appropriate outreach and advertising
                                                                         6              describing the availability and application process of
                                                                         7              receiving loans made possible by the Program
                                                                         8              through organizations, trade associations, and indi-
                                                                         9              viduals that represent or work within or are mem-
                                                                       10               bers of minority communities.
                                                                       11                        ‘‘(10) INAPPLICABILITY                           OF      RESTRICTIONS.—

                                                                       12               The restrictions and limitations described in sub-
                                                                       13               paragraphs (E) and (F) of paragraph (2) and para-
                                                                       14               graph (3)(A)(ii) of subsection (c) of section 4003
                                                                       15               and in section 4004 shall not apply to the Program.
                                                                       16                        ‘‘(11) TERMINATION OF INVESTMENT AUTHOR-
                                                                       17               ITY.—The authority to make capital investments in

                                                                       18               low- and moderate-income community financial insti-
                                                                       19               tutions, including commitments to purchase pre-
                                                                       20               ferred stock or other instruments, provided under
                                                                       21               the Program shall terminate on the date that is 36
                                                                       22               months after the date of enactment of this sub-
                                                                       23               section.




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                                                                         1                       ‘‘(12) COLLECTION OF DATA.—Notwithstanding
                                                                         2              the Equal Opportunity Credit Act (15 U.S.C. 1691
                                                                         3              et seq.)—
                                                                         4                                 ‘‘(A) any low- and moderate-income com-
                                                                         5                       munity financial institution may collect data de-
                                                                         6                       scribed in section 701(a)(1) of that Act (15
                                                                         7                       U.S.C. 1691(a)(1)) from borrowers and appli-
                                                                         8                       cants for credit for the purpose of monitoring
                                                                         9                       compliance under the plan required under para-
                                                                       10                        graph (4)(B); and
                                                                       11                                  ‘‘(B) a low- and moderate-income commu-
                                                                       12                        nity financial institution that collects the data
                                                                       13                        described in subparagraph (A) shall not be sub-
                                                                       14                        ject to adverse action related to that collection
                                                                       15                        by the Bureau of Consumer Financial Protec-
                                                                       16                        tion or any other Federal agency.
                                                                       17                        ‘‘(13) DEPOSIT OF FUNDS.—All funds received
                                                                       18               by the Secretary in connection with purchases made
                                                                       19               pursuant this subsection, including interest pay-
                                                                       20               ments, dividend payments, and proceeds from the
                                                                       21               sale of any financial instrument, shall be deposited
                                                                       22               into the Fund and used to provide financial and
                                                                       23               technical assistance pursuant to section 108 of the
                                                                       24               Riegle Community Development and Regulatory Im-



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                                                                         1              provement Act of 1994 (12 U.S.C. 4707), except
                                                                         2              that subsection (e) of that section shall be waived.’’.
                                                                         3              ‘‘(j) NEIGHBORHOOD LOAN PROGRAM.—
                                                                         4                       ‘‘(1) DEFINITIONS.—In this subsection—
                                                                         5                                 ‘‘(A) the term ‘financial institution’ means
                                                                         6                       any entity regulated by the Comptroller of the
                                                                         7                       Currency, the Board of Governors of the Fed-
                                                                         8                       eral Reserve System, or the Federal Deposit In-
                                                                         9                       surance Corporation;
                                                                       10                                  ‘‘(B) the term ‘intermediary’ means any
                                                                       11                        entity engaged in aggregating loans originated
                                                                       12                        by low- and moderate-income community finan-
                                                                       13                        cial institutions; and
                                                                       14                                  ‘‘(C) the term ‘Program’ means the Neigh-
                                                                       15                        borhood Loan Program established under para-
                                                                       16                        graph (2).
                                                                       17                        ‘‘(2) ESTABLISHMENT.—The Secretary, in con-
                                                                       18               junction with the Board of Governors of the Federal
                                                                       19               Reserve System, shall establish a Neighborhood
                                                                       20               Loan Program to create facilities under section
                                                                       21               13(3) of the Federal Reserve Act (12 U.S.C. 343(3))
                                                                       22               to provide liquidity and encourage equity equivalent
                                                                       23               capital investments for low- and moderate-income
                                                                       24               community financial institutions serving low- and



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                                                                         1                       ‘‘(3) MINIMIZATION OF BURDEN.—Any guid-
                                                                         2              ance, regulations, frequently asked question, or other
                                                                         3              written or verbal communications provided by the
                                                                         4              Secretary or the Board of Governors of the Federal
                                                                         5              Reserve System in connection with the Program
                                                                         6              shall be designed to minimize any burden to the rel-
                                                                         7              evant low- and moderate-income community finan-
                                                                         8              cial institution and to ensure that the Program is
                                                                         9              actively utilized by the low- and moderate-income
                                                                       10               community financial institution for which the Pro-
                                                                       11               gram is being created.
                                                                       12                        ‘‘(4) SMALL BUSINESS COMMUNITY LOAN PAR-
                                                                       13               TICIPATIONS.—

                                                                       14                                  ‘‘(A) IN GENERAL.—The facilities created
                                                                       15                        under paragraph (2) shall purchase 90 percent
                                                                       16                        of the balance of eligible small business loans
                                                                       17                        described in subparagraph (B), either directly
                                                                       18                        from low- and moderate-income community fi-
                                                                       19                        nancial institutions, or from intermediaries, to
                                                                       20                        increase access to credit and build wealth in
                                                                       21                        low- and moderate-income and minority commu-
                                                                       22                        nities.
                                                                       23                                  ‘‘(B) CRITERIA                     FOR        ELIGIBLE         SMALL

                                                                       24                        BUSINESS LOANS.—An                            eligible small business



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                                                                         1                       loan described in this subparagraph shall
                                                                         2                       have—
                                                                         3                                        ‘‘(i) a maximum loan balance of
                                                                         4                                 $250,000;
                                                                         5                                        ‘‘(ii) reasonable loan origination and
                                                                         6                                 service fees; and
                                                                         7                                        ‘‘(iii) other terms as prescribed by the
                                                                         8                                 Secretary.
                                                                         9                                 ‘‘(C) ELIGIBILITY.—To be eligible under
                                                                       10                        subparagraph (A), a low- and moderate-income
                                                                       11                        community financial institution shall hold not
                                                                       12                        less than 10 percent of each eligible small busi-
                                                                       13                        ness loan described in subparagraph (B), or 10
                                                                       14                        percent of the loans as represented in a loan
                                                                       15                        pool described in subparagraph (D).
                                                                       16                                  ‘‘(D) LOAN              POOL.—Each                     loan pool de-
                                                                       17                        scribed in subparagraph (A)—
                                                                       18                                         ‘‘(i) shall be composed of not less than
                                                                       19                                  50 loans that amount to not less than
                                                                       20                                  $1,000,000;
                                                                       21                                         ‘‘(ii) shall be originated by a low- and
                                                                       22                                  moderate-income community financial in-
                                                                       23                                  stitution for a commercially reasonable fee
                                                                       24                                  charged by the facility created under the



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                                                                         1                                        ‘‘(iii) shall be serviced by a low- and
                                                                         2                                 moderate-income community financial in-
                                                                         3                                 stitution for a commercially reasonable fee
                                                                         4                                 charged by a facility created under the
                                                                         5                                 Program; and
                                                                         6                                        ‘‘(iv) shall be representative of the
                                                                         7                                 risk in the total loan portfolio of the low-
                                                                         8                                 and moderate-income community financial
                                                                         9                                 institution.
                                                                       10                                  ‘‘(E) PRIORITIZATION.—Low- and mod-
                                                                       11                        erate-income community financial institutions
                                                                       12                        shall prioritize the purchase of eligible small
                                                                       13                        business loans described in subparagraph (B)
                                                                       14                        that are made to minority-owned small busi-
                                                                       15                        nesses.
                                                                       16                        ‘‘(5) EQUITY                EQUIVALENT LOAN PARTICIPA-

                                                                       17               TIONS.—

                                                                       18                                  ‘‘(A) IN GENERAL.—The facilities created
                                                                       19                        under paragraph (2) shall purchase 90 percent
                                                                       20                        participations in loans made by financial insti-
                                                                       21                        tutions to low- and moderate-income community
                                                                       22                        financial institutions that meet the eligibility re-
                                                                       23                        quirements in this paragraph.
                                                                       24                                  ‘‘(B) ELIGIBILITY.—To be eligible under



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                                                                         1                       retain not less than 10 percent of each loan de-
                                                                         2                       scribed in subparagraph (C).
                                                                         3                                 ‘‘(C) LOANS.—A loan described in this
                                                                         4                       subparagraph shall be—
                                                                         5                                        ‘‘(i) for not more than $10,000,000;
                                                                         6                                        ‘‘(ii) originated after March 15, 2020;
                                                                         7                                        ‘‘(iii) serviced by a financial institu-
                                                                         8                                 tion; and
                                                                         9                                        ‘‘(iv) treated as an equity equivalent
                                                                       10                                  investment, as defined by the Comptroller
                                                                       11                                  of the Currency, the Board of Governors of
                                                                       12                                  the Federal Reserve System, or the Fed-
                                                                       13                                  eral Deposit Insurance Corporation.
                                                                       14                        ‘‘(6) APPLICATION DATE.—The Secretary shall
                                                                       15               begin accepting applications under the Program not
                                                                       16               later than the end of the 30-day period beginning on
                                                                       17               the date of enactment of this subsection.
                                                                       18                        ‘‘(7) INAPPLICABILITY OF RESTRICTIONS.—The
                                                                       19               restrictions and limitations described in subpara-
                                                                       20               graphs (E) and (F) of paragraph (2) and paragraph
                                                                       21               (3)(A)(ii) of subsection (b) of section 4003 and in
                                                                       22               section 4004 shall not apply to the Program.
                                                                       23                        ‘‘(8) AVAILABLE AMOUNTS.—In carrying out
                                                                       24               the Program, the Secretary shall use such sums as



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                                                                         1              from amounts made available under paragraph (4)
                                                                         2              of subsection (b), notwithstanding the limitations on
                                                                         3              the use of such funds under that paragraph.
                                                                         4                       ‘‘(9) TERMINATION.—The Program shall termi-
                                                                         5              nate on the date that is 48 months after the date
                                                                         6              of enactment of this subsection.
                                                                         7              ‘‘(k) APPLICATION                         OF    THE        MILITARY LENDING
                                                                         8 ACT.—
                                                                         9                       ‘‘(1) IN GENERAL.—No low- and moderate-in-
                                                                       10               come community financial institution that receives
                                                                       11               an equity investment under subsection (i) or sells a
                                                                       12               loan participation under subsection (j) shall, for so
                                                                       13               long as the investment or participation continues,
                                                                       14               make any loan at an annualized percentage rate
                                                                       15               above 36 percent, as determined in accordance with
                                                                       16               section 987(b) of title 10, United States Code (com-
                                                                       17               monly known as the ‘Military Lending Act)’.
                                                                       18                        ‘‘(2) NO EXEMPTIONS PERMITTED.—The ex-
                                                                       19               emption authority of the Bureau under section
                                                                       20               105(f) of the Truth in Lending Act (15 U.S.C.
                                                                       21               1604(f)) shall not apply with respect to this sub-
                                                                       22               section.’’.
                                                                       23      SEC. 6. SUPPORTING THE CDFI FUND.

                                                                       24               (a) APPROPRIATIONS.—Of the amounts made avail-



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                                                                       25 able to the Secretary of the Treasury under section 4027


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                                                                         1 of            the         CARES               Act          (Public            Law              116–136),
                                                                         2 $2,900,000,000 shall be made available to the Fund to
                                                                         3 carry out this section.
                                                                         4              (b) SET ASIDES.—Of the amounts made available
                                                                         5 under subsection (a), the following amounts shall be set
                                                                         6 aside:
                                                                         7                       (1) Up to $1,000,000,000, to remain available
                                                                         8              until September 30, 2021, to support, prepare for,
                                                                         9              and respond to the economic impact of the
                                                                       10               coronavirus, provided that the Fund shall—
                                                                       11                                  (A) provide grants funded under this para-
                                                                       12                        graph using a formula that takes into account
                                                                       13                        criteria such as certification status, financial
                                                                       14                        and compliance performance, portfolio and bal-
                                                                       15                        ance sheet strength, a diversity of CDFI busi-
                                                                       16                        ness model types, and program capacity, of
                                                                       17                        which not less than $25,000,000 may be for
                                                                       18                        grants to benefit Native American, Native Ha-
                                                                       19                        waiian, and Alaska Native communities; and
                                                                       20                                  (B) make funds available under this para-
                                                                       21                        graph not later than 60 days after the date of
                                                                       22                        enactment of this Act.
                                                                       23                        (2) Up to $1,000,000,000, to remain available
                                                                       24               until expended, to provide grants to CDFIs—



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                                                                         1                                 (A) to expand lending or investment activ-
                                                                         2                       ity in low- or moderate-income minority commu-
                                                                         3                       nities and to minorities that have significant
                                                                         4                       unmet capital or financial services needs; and
                                                                         5                                 (B) using a formula that takes into ac-
                                                                         6                       count criteria such as certification status, finan-
                                                                         7                       cial and compliance performance, portfolio and
                                                                         8                       balance sheet strength, a diversity of CDFI
                                                                         9                       business model types, and program capacity, as
                                                                       10                        well as experience making loans and invest-
                                                                       11                        ments to those areas and populations identified
                                                                       12                        in this paragraph.
                                                                       13                        (3) Up to $400,000,000, to remain available
                                                                       14               until expended, for technical assistance, technology,
                                                                       15               and training under sections 108(a)(1)(B) and 109,
                                                                       16               respectively, of the Riegle Community Development
                                                                       17               and Regulatory Improvement Act of 1994 (12
                                                                       18               U.S.C. 4707(a)(1)(B), 4708), with a preference for
                                                                       19               minority-led and minority-owned CDFIs that pri-
                                                                       20               marily serve low- and moderate-income communities.
                                                                       21                        (4) Up to $500,000,000, to remain available
                                                                       22               until expended, to provide grants to recipients that
                                                                       23               are minority-led and minority-owned CDFIs.
                                                                       24               (c)       ADMINISTRATIVE                      EXPENSES.—Funds                     made



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                                                                       25 available under this section may be used for administrative


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                                                                         1 expenses, including administration of Fund programs and
                                                                         2 the New Markets Tax Credit Program under section 45D
                                                                         3 of the Internal Revenue Code.
                                                                         4              (d) EMERGENCY DESIGNATION.—
                                                                         5                       (1) IN GENERAL.—The amounts provided under
                                                                         6              this section are designated as an emergency require-
                                                                         7              ment pursuant to section 4(g) of the Statutory Pay-
                                                                         8              As-You-Go Act of 2010 (2 U.S.C. 933(g)).
                                                                         9                       (2) DESIGNATION IN SENATE.—In the Senate,
                                                                       10               this section is designated as an emergency require-
                                                                       11               ment pursuant to section 4112(a) of H. Con. Res.
                                                                       12               71 (115th Congress), the concurrent resolution on
                                                                       13               the budget for fiscal year 2018.
                                                                       14               (e) DEFINITIONS.—In this section:
                                                                       15                        (1) CDFI.—The term ‘‘CDFI’’ means a com-
                                                                       16               munity development financial institution, as defined
                                                                       17               in section 103 of the Riegle Community Develop-
                                                                       18               ment and Regulatory Improvement Act of 1994 (12
                                                                       19               U.S.C. 4702).
                                                                       20                        (2) FUND.—The term ‘‘Fund’’ means the Com-
                                                                       21               munity Development Financial Institutions Fund es-
                                                                       22               tablished under section 104(a) of the Riegle Commu-
                                                                       23               nity Development and Regulatory Improvement Act
                                                                       24               of 1994 (12 U.S.C. 4703(a)).



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                                                                         1                       (3) MINORITY.—The term ‘‘minority’’ means
                                                                         2              any Black American, Native American, Hispanic
                                                                         3              American, or Asian American.
                                                                         4     SEC. 7. FEDERAL DEPOSITS IN MINORITY DEPOSITORY IN-

                                                                         5                             STITUTIONS.

                                                                         6              (a) IN GENERAL.—Section 308 of the Financial In-
                                                                         7 stitutions Reform, Recovery, and Enforcement Act of
                                                                         8 1989 (12 U.S.C. 1463 note) is amended by adding at the
                                                                         9 end the following:
                                                                       10               ‘‘(d) FEDERAL DEPOSITS.—The Secretary of the
                                                                       11 Treasury shall ensure that deposits made by Federal agen-
                                                                       12 cies             in      minority            depository              institutions               are   fully
                                                                       13 collateralized or fully insured, as determined by the Sec-
                                                                       14 retary. Such deposits shall include reciprocal deposits as
                                                                       15 defined in section 337.6(e)(2)(v) of title 12, Code of Fed-
                                                                       16 eral Regulations (as in effect on March 6, 2019).’’.
                                                                       17               (b) TECHNICAL AMENDMENTS.—Section 308 of the
                                                                       18 Financial Institutions Reform, Recovery, and Enforce-
                                                                       19 ment Act of 1989 (12 U.S.C. 1463 note) is amended—
                                                                       20                        (1) in the matter preceding paragraph (1), by
                                                                       21               striking ‘‘section—’’ and inserting ‘‘section:’’; and
                                                                       22                        (2) in the paragraph heading for paragraph (1),
                                                                       23               by striking ‘‘FINANCIAL’’ and inserting ‘‘DEPOSI-
                                                                       24               TORY’’.




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                                                                         1     SEC. 8. MINORITY BANK DEPOSIT PROGRAM.

                                                                         2              (a) IN GENERAL.—Section 1204 of the Financial In-
                                                                         3 stitutions Reform, Recovery, and Enforcement Act of
                                                                         4 1989 (12 U.S.C. 1811 note) is amended to read as follows:
                                                                         5     ‘‘SEC. 1204. EXPANSION OF USE OF MINORITY BANKS AND

                                                                         6                             MINORITY CREDIT UNIONS.

                                                                         7              ‘‘(a) MINORITY BANK DEPOSIT PROGRAM.—
                                                                         8                       ‘‘(1) ESTABLISHMENT.—There is established a
                                                                         9              program to be known as the ‘Minority Bank Deposit
                                                                       10               Program’ to expand the use of minority banks and
                                                                       11               minority credit unions.
                                                                       12                        ‘‘(2) ADMINISTRATION.—The Secretary of the
                                                                       13               Treasury, acting through the Fiscal Service, shall—
                                                                       14                                  ‘‘(A) on application by a depository institu-
                                                                       15                        tion or credit union, certify whether such depos-
                                                                       16                        itory institution or credit union is a minority
                                                                       17                        bank or minority credit union;
                                                                       18                                  ‘‘(B) maintain and publish a list of all de-
                                                                       19                        pository institutions and credit unions that have
                                                                       20                        been certified pursuant to subparagraph (A);
                                                                       21                        and
                                                                       22                                  ‘‘(C) periodically distribute the list de-
                                                                       23                        scribed in subparagraph (B) to—
                                                                       24                                         ‘‘(i) all Federal departments and




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                                                                         1                                         ‘‘(ii) interested State and local govern-
                                                                         2                                 ments; and
                                                                         3                                         ‘‘(iii) interested private sector compa-
                                                                         4                                 nies.
                                                                         5                       ‘‘(3) INCLUSION                    OF        CERTAIN             ENTITIES   ON

                                                                         6              LIST.—A depository institution or credit union that,

                                                                         7              on the date of the enactment of this section, has a
                                                                         8              current certification from the Secretary of the
                                                                         9              Treasury stating that such depository institution or
                                                                       10               credit union is a minority bank or minority credit
                                                                       11               union shall be included on the list described under
                                                                       12               paragraph (2)(B).
                                                                       13               ‘‘(b) EXPANDED USE AMONG FEDERAL DEPART-
                                                                       14      MENTS AND AGENCIES.—

                                                                       15                        ‘‘(1) IN GENERAL.—Not later than 1 year after
                                                                       16               the establishment of the program described in sub-
                                                                       17               section (a), the head of each Federal department or
                                                                       18               agency shall develop and implement standards and
                                                                       19               procedures to ensure, to the maximum extent pos-
                                                                       20               sible as permitted by law, the use of minority banks
                                                                       21               and minority credit unions to serve the financial
                                                                       22               needs of each such department or agency.
                                                                       23                        ‘‘(2) REPORT TO CONGRESS.—Not later than 2
                                                                       24               years after the establishment of the program de-



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                                                                         1              the head of each Federal department or agency shall
                                                                         2              submit to Congress a report on the actions taken to
                                                                         3              increase the use of minority banks and minority
                                                                         4              credit unions to serve the financial needs of each
                                                                         5              such department or agency.
                                                                         6              ‘‘(c) DEFINITIONS.—For purposes of this section:
                                                                         7                       ‘‘(1) CREDIT UNION.—The term ‘credit union’
                                                                         8              has the meaning given the term ‘insured credit
                                                                         9              union’ in section 101 of the Federal Credit Union
                                                                       10               Act (12 U.S.C. 1752).
                                                                       11                        ‘‘(2) DEPOSITORY INSTITUTION.—The term ‘de-
                                                                       12               pository institution’ has the meaning given the term
                                                                       13               ‘insured depository institution’ in section 3 of the
                                                                       14               Federal Deposit Insurance Act (12 U.S.C. 1813).
                                                                       15                        ‘‘(3) MINORITY.—The term ‘minority’ means
                                                                       16               any Black American, Native American, Hispanic
                                                                       17               American, or Asian American.
                                                                       18                        ‘‘(4) MINORITY                    BANK.—The                 term ‘minority
                                                                       19               bank’ means a minority depository institution as de-
                                                                       20               fined in section 308 of this Act.
                                                                       21                        ‘‘(5) MINORITY CREDIT UNION.—The term ‘mi-
                                                                       22               nority credit union’ means any credit union for
                                                                       23               which more than 50 percent of the membership (in-
                                                                       24               cluding board members) of such credit union are mi-



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                                                                       25               nority individuals, as determined by the National


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                                                                         1              Credit Union Administration pursuant to section
                                                                         2              308 of this Act.’’.
                                                                         3              (b) CONFORMING AMENDMENTS.—The following pro-
                                                                         4 visions are amended by striking ‘‘1204(c)(3)’’ and insert-
                                                                         5 ing ‘‘1204(c)’’:
                                                                         6                       (1) Section 808(b)(3) of the Community Rein-
                                                                         7              vestment Act of 1977 (12 U.S.C. 2907(b)(3)).
                                                                         8                       (2) Section 40(g)(1)(B) of the Federal Deposit
                                                                         9              Insurance Act (12 U.S.C. 1831q(g)(1)(B)).
                                                                       10                        (3) Section 704B(h)(4) of the Equal Credit Op-
                                                                       11               portunity Act (15 U.S.C. 1691c–2(h)(4)).
                                                                       12      SEC. 9. INVESTMENTS IN MINORITY DEPOSITORY INSTITU-

                                                                       13                              TIONS.

                                                                       14               (a) CONTROL FOR INSURED DEPOSITORY INSTITU-
                                                                       15      TIONS.—Section 7(j)(8)(B) of the Federal Deposit Insur-

                                                                       16 ance Act (12 U.S.C. 1817(j)(8)(B)) is amended to read
                                                                       17 as follows:
                                                                       18                        ‘‘(B) ‘control’ means the power, directly or indi-
                                                                       19               rectly—
                                                                       20                                  ‘‘(i) to direct the management or policies
                                                                       21                        of an insured depository institution; or
                                                                       22                                  ‘‘(ii) of a person to vote 25 per centum or
                                                                       23                        more of any class of voting securities of an in-
                                                                       24                        sured depository institution.’’.



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                                                                         1              (b) RULEMAKING.—The appropriate Federal banking
                                                                         2 agency (as defined in section 3 of the Federal Deposit In-
                                                                         3 surance Act (12 U.S.C. 1813)) shall jointly issue rules for
                                                                         4 de novo minority depository institutions to allow 3 years
                                                                         5 to meet the capital requirements otherwise applicable to
                                                                         6 minority depository institutions.
                                                                         7              (c) REPORT.—Not later than 1 year after the date
                                                                         8 of enactment of this Act, the appropriate Federal banking
                                                                         9 agencies (as defined in section 3 of the Federal Deposit
                                                                       10 Insurance Act (12 U.S.C. 1813)) shall jointly submit to
                                                                       11 Congress a report on—
                                                                       12                        (1) the principal causes for the low number of
                                                                       13               de novo minority depository institutions during the
                                                                       14               10-year period preceding the date of the report;
                                                                       15                        (2) the main challenges to the creation of de
                                                                       16               novo minority depository institutions; and
                                                                       17                        (3) regulatory and legislative considerations to
                                                                       18               promote the establishment of de novo minority de-
                                                                       19               pository institutions.
                                                                       20      SEC. 10. CUSTODIAL DEPOSIT PROGRAM FOR COVERED MI-

                                                                       21                              NORITY DEPOSITORY INSTITUTIONS.

                                                                       22               (a) ESTABLISHMENT.—The Secretary of the Treas-
                                                                       23 ury shall establish a custodial deposit program (in this sec-
                                                                       24 tion referred to as the ‘‘Program’’) under which a covered



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                                                                         1 bank shall receive monthly deposits from a qualifying ac-
                                                                         2 count.
                                                                         3              (b) APPLICATION.—A covered bank shall submit to
                                                                         4 the Secretary an application to participate in the Program
                                                                         5 at such time, in such manner, and containing such infor-
                                                                         6 mation as the Secretary may determine.
                                                                         7              (c) PROGRAM OPERATIONS.—
                                                                         8                       (1) DESIGNATION OF CUSTODIAL ENTITIES.—
                                                                         9              The Secretary shall designate eligible custodial enti-
                                                                       10               ties to make monthly deposits with covered banks se-
                                                                       11               lected for participation in the Program on behalf of
                                                                       12               a qualifying account.
                                                                       13                        (2) CUSTODIAL ACCOUNTS.—
                                                                       14                                  (A) IN GENERAL.—The Secretary shall es-
                                                                       15                        tablish a custodial deposit account for each
                                                                       16                        qualifying account with the eligible custodial en-
                                                                       17                        tity designated to make deposits with covered
                                                                       18                        banks for each such qualifying account.
                                                                       19                                  (B) AMOUNT.—The Secretary shall deposit
                                                                       20                        a total amount not greater than 5 percent of a
                                                                       21                        qualifying account into any custodial deposit ac-
                                                                       22                        counts established under subparagraph (A).
                                                                       23                                  (C) DEPOSITS                 WITH PROGRAM PARTICI-

                                                                       24                        PANTS.—




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                                                                         1                                        (i)         MONTHLY                     DEPOSITS.—Each

                                                                         2                                 month, each eligible custodial entity des-
                                                                         3                                 ignated by the Secretary shall deposit an
                                                                         4                                 amount not greater than the insured
                                                                         5                                 amount, in the aggregate, from each custo-
                                                                         6                                 dial deposit account, in a single covered
                                                                         7                                 bank.
                                                                         8                                        (ii) LIMITATION.—With respect to the
                                                                         9                                 funds of an individual qualifying account,
                                                                       10                                  the eligible custodial entity may not de-
                                                                       11                                  posit an amount greater than the insured
                                                                       12                                  amount in a single covered bank.
                                                                       13                                         (iii) INSURED AMOUNT DEFINED.—In
                                                                       14                                  this subparagraph, the term ‘‘insured
                                                                       15                                  amount’’ means the amount that is the
                                                                       16                                  greater of—
                                                                       17                                                  (I) the standard maximum de-
                                                                       18                                         posit insurance amount (as defined in
                                                                       19                                         section 11(a)(1)(E) of the Federal
                                                                       20                                         Deposit Insurance Act (12 U.S.C.
                                                                       21                                         1821(a)(1)(E))); or
                                                                       22                                                  (II) such higher amount nego-
                                                                       23                                         tiated between the Secretary and the
                                                                       24                                         Corporation under which the Corpora-



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                                                                         1                                        tion will insure all deposits of such
                                                                         2                                        higher amount.
                                                                         3                                 (D) LIMITATIONS.—The total amount of
                                                                         4                       funds deposited under the Program in a covered
                                                                         5                       bank may not exceed the lesser of—
                                                                         6                                        (i) 10 percent of the average amount
                                                                         7                                 of deposits held by such covered bank in
                                                                         8                                 the previous quarter; or
                                                                         9                                        (ii) $100,000,000.
                                                                       10                        (3) INTEREST.—
                                                                       11                                  (A) IN GENERAL.—Each eligible custodial
                                                                       12                        entity designated by the Secretary shall—
                                                                       13                                         (i) collect interest from each covered
                                                                       14                                  bank in which such custodial entity depos-
                                                                       15                                  its funds pursuant to paragraph (2); and
                                                                       16                                         (ii) disburse such interest to the Sec-
                                                                       17                                  retary each month.
                                                                       18                                  (B) INTEREST RATE.—The rate of any in-
                                                                       19                        terest collected under this paragraph may not
                                                                       20                        exceed 50 percent of the discount window pri-
                                                                       21                        mary credit interest rate most recently pub-
                                                                       22                        lished on the Federal Reserve Statistical Re-
                                                                       23                        lease on selected interest rates (daily or week-
                                                                       24                        ly), commonly referred to as the H.15 release



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                                                                       25                        (commonly known as the ‘‘Federal funds rate’’).


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                                                                         1                       (4) STATEMENTS.—Each eligible custodial enti-
                                                                         2              ty designated by the Secretary shall submit to the
                                                                         3              Secretary monthly statements that include the total
                                                                         4              amount of funds deposited with, and interest rate
                                                                         5              received from, each covered bank by the eligible cus-
                                                                         6              todial entity on behalf of qualifying entities.
                                                                         7                       (5) RECORDS.—The Secretary shall issue a
                                                                         8              quarterly report to Congress and make publicly
                                                                         9              available a record identifying all covered banks par-
                                                                       10               ticipating in the Program and amounts deposited
                                                                       11               under the Program in covered banks.
                                                                       12               (d) REQUIREMENTS RELATING TO DEPOSITS.—De-
                                                                       13 posits made with covered banks under this section may
                                                                       14 not—
                                                                       15                        (1) be considered by the Corporation to be
                                                                       16               funds obtained, directly or indirectly, by or through
                                                                       17               any deposit broker for deposit into 1 or more deposit
                                                                       18               accounts (as described under section 29 of the Fed-
                                                                       19               eral Deposit Insurance Act (12 U.S.C. 1831f)); or
                                                                       20                        (2) be subject to insurance fees from the Cor-
                                                                       21               poration that are greater than insurance fees for
                                                                       22               typical demand deposits not obtained, directly or in-
                                                                       23               directly, by or through any deposit broker (com-
                                                                       24               monly known as ‘‘core deposits’’).



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                                                                       25               (e) MODIFICATIONS.—


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                                                                         1                       (1) IN GENERAL.—The Secretary shall provide
                                                                         2              a 3-month period for public notice and comment be-
                                                                         3              fore making any material change to the operation of
                                                                         4              the Program.
                                                                         5                       (2) EXCEPTION.—The requirements of para-
                                                                         6              graph (1) shall not apply if the Secretary makes a
                                                                         7              material change to the Program to comply with safe-
                                                                         8              ty and soundness standards or other law.
                                                                         9              (f) TERMINATION.—
                                                                       10                        (1) BY COVERED BANK.—A covered bank se-
                                                                       11               lected for participation in the Program pursuant to
                                                                       12               subsection (c) may terminate participation in the
                                                                       13               Program by providing the Secretary a notification
                                                                       14               60 days prior to termination.
                                                                       15                        (2) BY SECRETARY.—The Secretary may termi-
                                                                       16               nate the participation of a covered bank in the Pro-
                                                                       17               gram if the Secretary determines the covered bank—
                                                                       18                                  (A) violated any terms of participation in
                                                                       19                        the Program;
                                                                       20                                  (B) failed to comply with Federal bank se-
                                                                       21                        crecy laws, as documented in writing by the pri-
                                                                       22                        mary regulator of the covered bank;
                                                                       23                                  (C) failed to remain well capitalized; or




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                                                                         1                                 (D) failed comply with safety and sound-
                                                                         2                       ness standards, as documented in writing by
                                                                         3                       the primary regulator of the covered bank.
                                                                         4              (g) DEFINITIONS.—In this section:
                                                                         5                       (1) CORPORATION.—The term ‘‘Corporation’’
                                                                         6              means the Federal Deposit Insurance Corporation.
                                                                         7                       (2) COVERED BANK.—The term ‘‘covered bank’’
                                                                         8              means a minority depository institution that is regu-
                                                                         9              lated by the Corporation or the National Credit
                                                                       10               Union Administration that is well capitalized (as de-
                                                                       11               fined in section 38(b) of the Federal Deposit Insur-
                                                                       12               ance Act (12 U.S.C. 1831o(b))).
                                                                       13                        (3) ELIGIBLE CUSTODIAL ENTITY.—The term
                                                                       14               ‘‘eligible custodial entity’’ means—
                                                                       15                                  (A) an insured depository institution (as
                                                                       16                        defined in section 3 of the Federal Deposit In-
                                                                       17                        surance Act (12 U.S.C. 1813));
                                                                       18                                  (B) an insured credit union (as defined in
                                                                       19                        section 101 of the Federal Credit Union Act
                                                                       20                        (12 U.S.C. 1752)); or
                                                                       21                                  (C) a well capitalized State-chartered trust
                                                                       22                        company,
                                                                       23               designated by the Secretary under subsection (c)(1).
                                                                       24                        (4) FEDERAL BANK SECRECY LAWS.—The term



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                                                                       25               ‘‘Federal bank secrecy laws’’ means—


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                                                                         1                                 (A) section 21 of the Federal Deposit In-
                                                                         2                       surance Act (12 U.S.C. 1829b);
                                                                         3                                 (B) section 123 of Public Law 91–508;
                                                                         4                       and
                                                                         5                                 (C) subchapter II of chapter 53 of title 31,
                                                                         6                       United States Code.
                                                                         7                       (5) QUALIFYING ACCOUNT.—The term ‘‘quali-
                                                                         8              fying account’’ means any account established in the
                                                                         9              Department of the Treasury that—
                                                                       10                                  (A) is controlled by the Secretary; and
                                                                       11                                  (B) is expected to maintain a balance
                                                                       12                        greater than $200,000,000 for the following
                                                                       13                        calendar month.
                                                                       14                        (6) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       15               the Secretary of the Treasury.
                                                                       16                        (7) WELL CAPITALIZED.—The term ‘‘well cap-
                                                                       17               italized’’ has the meaning given in section 38 of the
                                                                       18               Federal Deposit Insurance Act (12 U.S.C. 1831o).
                                                                       19      SEC. 11. ESTABLISHMENT OF FINANCIAL AGENT PARTNER-

                                                                       20                              SHIP PROGRAM.

                                                                       21               (a) IN GENERAL.—Section 308 of the Financial In-
                                                                       22 stitutions Reform, Recovery, and Enforcement Act of
                                                                       23 1989 (12 U.S.C. 1463 note) is amended by adding at the
                                                                       24 end the following:



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                                                                       25               ‘‘(d) FINANCIAL AGENT PARTNERSHIP PROGRAM.—


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                                                                         1                       ‘‘(1) DEFINITIONS.—In this subsection:
                                                                         2                                 ‘‘(A) FINANCIAL                    AGENT.—The                  term ‘fi-
                                                                         3                       nancial agent’ means any national banking as-
                                                                         4                       sociation designated by the Secretary to be em-
                                                                         5                       ployed as a financial agent of the Government.
                                                                         6                                 ‘‘(B) LARGE                FINANCIAL INSTITUTION.—

                                                                         7                       The term ‘large financial institution’ means any
                                                                         8                       entity regulated by the Comptroller of the Cur-
                                                                         9                       rency, the Board of Governors of the Federal
                                                                       10                        Reserve System, the Federal Deposit Insurance
                                                                       11                        Corporation, or the National Credit Union Ad-
                                                                       12                        ministration that has total consolidated assets
                                                                       13                        of not less than $50,000,000,000.
                                                                       14                                  ‘‘(C) SMALL COMMUNITY FINANCIAL INSTI-
                                                                       15                        TUTION.—The term ‘small community financial

                                                                       16                        institution’ means any financial institution
                                                                       17                        that—
                                                                       18                                         ‘‘(i) has total consolidated assets of
                                                                       19                                  less than $3,000,000,000;
                                                                       20                                         ‘‘(ii) is an entity regulated by the
                                                                       21                                  Comptroller of the Currency, the Board of
                                                                       22                                  Governors of the Federal Reserve System,
                                                                       23                                  the Federal Deposit Insurance Corpora-
                                                                       24                                  tion, or the National Credit Union Admin-



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                                                                       25                                  istration; and


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                                                                         1                                         ‘‘(iii) is—
                                                                         2                                                 ‘‘(I) a community development fi-
                                                                         3                                         nancial institution, as defined in sec-
                                                                         4                                         tion 103 of the Riegle Community De-
                                                                         5                                         velopment and Regulatory Improve-
                                                                         6                                         ment Act of 1994 (12 U.S.C. 4702);
                                                                         7                                         or
                                                                         8                                                 ‘‘(II) a minority depository insti-
                                                                         9                                         tution, as defined in subsection (b).
                                                                       10                                  ‘‘(D)        PROGRAM.—The                       term           ‘Program’
                                                                       11                        means the Financial Agent Partnership Pro-
                                                                       12                        gram established under paragraph (2).
                                                                       13                                  ‘‘(E) SECRETARY.—The term ‘Secretary’
                                                                       14                        means the Secretary of the Treasury.
                                                                       15                        ‘‘(2) ESTABLISHMENT.—The Secretary shall es-
                                                                       16               tablish a program to be known as the Financial
                                                                       17               Agent Partnership Program under which a financial
                                                                       18               agent designated by the Secretary or a large finan-
                                                                       19               cial institution may serve as a partner, under guid-
                                                                       20               ance or regulations prescribed by the Secretary, and
                                                                       21               at the request of a small community financial insti-
                                                                       22               tution, to allow the small community financial insti-
                                                                       23               tution—
                                                                       24                                  ‘‘(A) to be prepared to perform as a finan-



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                                                                       25                        cial agent;


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                                                                         1                                 ‘‘(B) to improve capacity to provide serv-
                                                                         2                       ices to the customers of the institution; and
                                                                         3                                 ‘‘(C) to participate in contracts awarded by
                                                                         4                       the Secretary under the National Bank Acts of
                                                                         5                       1863 and 1864.
                                                                         6                       ‘‘(3) FINANCIAL PARTNERSHIPS.—
                                                                         7                                 ‘‘(A) IN GENERAL.—Any large financial in-
                                                                         8                       stitution participating in a program with the
                                                                         9                       Treasury, if not already required to include a
                                                                       10                        small community financial institution, shall
                                                                       11                        offer not more than 5 percent of every contract
                                                                       12                        under that program to a small community fi-
                                                                       13                        nancial institution.
                                                                       14                                  ‘‘(B) ACCEPTANCE                       OF RISK.—As             a re-
                                                                       15                        quirement of participation in any financial ar-
                                                                       16                        rangement under the Program, a small commu-
                                                                       17                        nity financial institution shall accept the risk of
                                                                       18                        the transaction equivalent to the percentage of
                                                                       19                        any fee the institution receives under the Pro-
                                                                       20                        gram.
                                                                       21                                  ‘‘(C) PARTNER.—A large financial institu-
                                                                       22                        tion partner may work with small community fi-
                                                                       23                        nancial institutions, if necessary, to train pro-
                                                                       24                        fessionals to understand any risks involved in a



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                                                                       25                        contract under the Program.


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                                                                         1                       ‘‘(4) OUTREACH.—The Secretary shall—
                                                                         2                                 ‘‘(A) issue guidance or regulations to es-
                                                                         3                       tablish a process under which a financial agent,
                                                                         4                       large financial institution, or small community
                                                                         5                       financial institution may participate in the Pro-
                                                                         6                       gram; and
                                                                         7                                 ‘‘(B) not less frequently than once per
                                                                         8                       year, hold outreach events to promote the par-
                                                                         9                       ticipation of financial agents, large financial in-
                                                                       10                        stitutions, and small community financial insti-
                                                                       11                        tutions in the Program.
                                                                       12                        ‘‘(5) REPORT.—The Office of Minority and
                                                                       13               Women Inclusion of the Department of the Treasury
                                                                       14               shall include in the report submitted to Congress
                                                                       15               under section 342(e) of the Dodd-Frank Wall Street
                                                                       16               Reform and Consumer Protection Act (12 U.S.C.
                                                                       17               5452(e)) information pertaining to the Program, in-
                                                                       18               cluding—
                                                                       19                                  ‘‘(A) the number of financial agents, large
                                                                       20                        financial institutions, and small community fi-
                                                                       21                        nancial institutions participating in the Pro-
                                                                       22                        gram; and
                                                                       23                                  ‘‘(B) the number of contracts awarded by
                                                                       24                        the Secretary where a small community finan-



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                                                                       25                        cial institution participated in a financial agent


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                                                                         1                       agreement awarded to a large financial institu-
                                                                         2                       tion; and
                                                                         3                                 ‘‘(C) the number of outreach events de-
                                                                         4                       scribed in paragraph (4) held during the year
                                                                         5                       covered by such report.’’.
                                                                         6              (b) EFFECTIVE DATE.—This section and the amend-
                                                                         7 ments made by this section shall take effect 90 days after
                                                                         8 the date of the enactment of this Act.
                                                                         9     SEC. 12. APPLICATION OF CARES ACT TO LOW- AND MOD-

                                                                       10                              ERATE-INCOME COMMUNITY FINANCIAL IN-

                                                                       11                              STITUTIONS.

                                                                       12               Title IV of the CARES Act (Public Law 116–136)
                                                                       13 is amended—
                                                                       14                        (1) in section 4012(b)—
                                                                       15                                  (A) in paragraph (2), by striking ‘‘The in-
                                                                       16                        terim’’ and inserting ‘‘Except as provided in
                                                                       17                        paragraph (3), the interim’’; and
                                                                       18                                  (B) by adding at the end the following:
                                                                       19                        ‘‘(3) EXCEPTION FOR LOW- AND MODERATE-IN-
                                                                       20               COME COMMUNITY FINANCIAL INSTITUTIONS.—Not-

                                                                       21               withstanding paragraph (2), with respect to a quali-
                                                                       22               fying community bank that is a low- and moderate-
                                                                       23               income community financial institution, the interim
                                                                       24               rule issued under paragraph (1) shall be effective



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                                                                       25               during the period beginning on the date on which


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                                                                         1              the appropriate Federal banking agencies issue the
                                                                         2              rule and ending on December 31, 2022.’’; and
                                                                         3                       (2) in section 4013(a)(1)—
                                                                         4                                 (A) by striking ‘‘means the period’’ and in-
                                                                         5                       serting ‘‘means—
                                                                         6                                 ‘‘(A) except as provided in subparagraph
                                                                         7                       (B), the period’’;
                                                                         8                                 (B) in subparagraph (A), as so designated,
                                                                         9                       by striking the period at the end and inserting
                                                                       10                        ‘‘; and’’; and
                                                                       11                                  (C) by adding at the end the following:
                                                                       12                                  ‘‘(B) with respect to a low- and moderate-
                                                                       13                        income community financial institution, the pe-
                                                                       14                        riod beginning on March 1, 2020, and ending
                                                                       15                        on December 31, 2022.’’.
                                                                       16      SEC. 13. SUBMISSION OF DATA RELATING TO DIVERSITY BY

                                                                       17                              COMMUNITY DEVELOPMENT FINANCIAL IN-

                                                                       18                              STITUTIONS.

                                                                       19               Section 104 of the Riegle Community Development
                                                                       20 and Regulatory Improvement Act of 1994 (12 U.S.C.
                                                                       21 4703) is amended by adding at the end the following:
                                                                       22               ‘‘(l) SUBMISSION OF DATA RELATING TO DIVER-
                                                                       23      SITY.—

                                                                       24                        ‘‘(1) DEFINITIONS.—In this subsection—



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                                                                         1                                 ‘‘(A) the term ‘executive officer’ has the
                                                                         2                       meaning given the term in section 230.501(f) of
                                                                         3                       title 17, Code of Federal Regulations, as in ef-
                                                                         4                       fect on the date of enactment of this subsection;
                                                                         5                       and
                                                                         6                                 ‘‘(B) the term ‘veteran’ has the meaning
                                                                         7                       given the term in section 101 of title 38, United
                                                                         8                       States Code.
                                                                         9                       ‘‘(2) SUBMISSION OF DISCLOSURE.—Each Fund
                                                                       10               applicant and recipient shall provide the following:
                                                                       11                                  ‘‘(A) Data, based on voluntary self-identi-
                                                                       12                        fication, on the racial, ethnic, and gender com-
                                                                       13                        position of—
                                                                       14                                         ‘‘(i) the board of directors of the insti-
                                                                       15                                  tution;
                                                                       16                                         ‘‘(ii) nominees for the board of direc-
                                                                       17                                  tors of the institution; and
                                                                       18                                         ‘‘(iii) the executive officers of the in-
                                                                       19                                  stitution.
                                                                       20                                  ‘‘(B) The status of any member of the
                                                                       21                        board of directors of the institution, any nomi-
                                                                       22                        nee for the board of directors of the institution,
                                                                       23                        or any executive officer of the institution, based
                                                                       24                        on voluntary self-identification, as a veteran.



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                                                                         1                                 ‘‘(C) Whether the board of directors of the
                                                                         2                       institution, or any committee of that board of
                                                                         3                       directors, has, as of the date on which the insti-
                                                                         4                       tution makes a disclosure under this paragraph,
                                                                         5                       adopted any policy, plan, or strategy to promote
                                                                         6                       racial, ethnic, and gender diversity among—
                                                                         7                                        ‘‘(i) the board of directors of the insti-
                                                                         8                                 tution;
                                                                         9                                        ‘‘(ii) nominees for the board of direc-
                                                                       10                                  tors of the institution; or
                                                                       11                                         ‘‘(iii) the executive officers of the in-
                                                                       12                                  stitution.
                                                                       13                        ‘‘(3) ANNUAL                     REPORT.—Not                 later than 18
                                                                       14               months after the date of enactment of this sub-
                                                                       15               section, and annually thereafter, the Fund shall sub-
                                                                       16               mit to the Committee on Banking, Housing, and
                                                                       17               Urban Affairs of the Senate and the Committee on
                                                                       18               Financial Services of the House of Representatives,
                                                                       19               and make publicly available on the website of the
                                                                       20               Fund, a report on the data and trends of the diver-
                                                                       21               sity information made available pursuant to para-
                                                                       22               graph (2).’’.
                                                                       23      SEC. 14. REPORTS.

                                                                       24               The Secretary shall provide to the appropriate com-



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                                                                       25 mittees of Congress—


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                                                                         1                       (1) within 30 days of the end of each month
                                                                         2              commencing with the first month in which trans-
                                                                         3              actions are made under a program established under
                                                                         4              this Act or the amendments made by this Act, a
                                                                         5              written report describing all of the transactions
                                                                         6              made during the reporting period pursuant to the
                                                                         7              authorities granted under this Act or the amend-
                                                                         8              ments made by this Act; and
                                                                         9                       (2) after the end of March and the end of Sep-
                                                                       10               tember, commencing September 30, 2021, a written
                                                                       11               report on all projected costs and liabilities, all oper-
                                                                       12               ating expenses, including compensation for financial
                                                                       13               agents, and all transactions made by the Community
                                                                       14               Development Financial Institutions Fund, which
                                                                       15               shall include participating institutions and amounts
                                                                       16               each institution has received under each program de-
                                                                       17               scribed in paragraph (1).
                                                                       18      SEC. 15. INSPECTOR GENERAL OVERSIGHT.

                                                                       19               (a) IN GENERAL.—The Inspector General of the De-
                                                                       20 partment of the Treasury shall conduct, supervise, and co-
                                                                       21 ordinate audits and investigations of any program estab-
                                                                       22 lished under this Act or the amendments made by this
                                                                       23 Act.
                                                                       24               (b) REPORTING.—The Inspector General of the De-



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                                                                       25 partment of the Treasury shall issue a report not less fre-


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                                                                         1 quently than 2 times per year to Congress and the Sec-
                                                                         2 retary of the Treasury relating to the oversight provided
                                                                         3 by the Office of the Inspector General, including any rec-
                                                                         4 ommendations for improvements to the programs de-
                                                                         5 scribed in subsection (a).
                                                                         6     SEC. 16. STUDY AND REPORT WITH RESPECT TO IMPACT

                                                                         7                             OF PROGRAMS ON LOW- AND MODERATE-IN-

                                                                         8                             COME AND MINORITY COMMUNITIES.

                                                                         9              (a) STUDY.—The Secretary of the Treasury shall
                                                                       10 conduct a study of the impact of the programs established
                                                                       11 under this Act or any amendment made by this Act on
                                                                       12 low- and moderate-income and minority communities.
                                                                       13               (b) REPORT.—Not later than 18 months after the
                                                                       14 date of enactment of this Act, the Secretary shall submit
                                                                       15 to Congress a report on the results of the study conducted
                                                                       16 pursuant to subsection (a), which shall include, to the ex-
                                                                       17 tent possible, the results of the study disaggregated by
                                                                       18 ethnic group.
                                                                       19               (c) INFORMATION PROVIDED TO THE SECRETARY.—
                                                                       20 Eligible institutions that participate in any of the pro-
                                                                       21 grams described in subsection (a) shall provide the Sec-
                                                                       22 retary of the Treasury with such information as the Sec-
                                                                       23 retary may require to carry out the study required by this
                                                                       24 section.



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