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S. 1684, Federal Home Loan Banks’ Mission Implementation Act

Summary

Senate bill 1684, the Federal Home Loan Banks’ Mission Implementation Act, is a bill to strengthen the ability of the Federal Home Loan Bank system to provide critical financing to address the economic crisis caused by the COVID–19 pandemic and to meet the short- and long-term housing and community economic development needs of low-income communities, including Tribal communities. Cortez Masto introduced it on May 18, 2021, with Leahy and Sanders, and it was read twice and referred to the Committee on Finance. Section 2 states the purpose, including increasing the ability of the Federal Home Loan Banks to accept, as collateral, small business loans guaranteed by the Small Business Administration.

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Bills Bills 117S1684Is Bills 117S1684Is
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Bills Bills 117S1684Is Bills 117S1684Is

Cite this document

“S. 1684, Federal Home Loan Banks’ Mission Implementation Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s1684is-bills-117s1684is/, SHA-256 8ffc748717eba42b5e7c6db20545ed4d9e488181b2b2e7f9a7b51164ae9c8b13.

Full text

                                                                                                                                                                        II




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                            S. 1684
                                                                     To strengthen the ability of the Federal Home Loan Bank system to provide
                                                                         critical financing to address the economic crisis caused by the COVID–
                                                                         19 pandemic and to meet the short- and long-term housing and commu-
                                                                         nity economic development needs of low-income communities, including
                                                                         Tribal communities, and for other purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                    MAY 18, 2021
                                                                     Ms. CORTEZ MASTO (for herself, Mr. LEAHY, and Mr. SANDERS) introduced
                                                                         the following bill; which was read twice and referred to the Committee
                                                                         on Finance




                                                                                                               A BILL
                                                                     To strengthen the ability of the Federal Home Loan Bank
                                                                        system to provide critical financing to address the eco-
                                                                        nomic crisis caused by the COVID–19 pandemic and
                                                                        to meet the short- and long-term housing and community
                                                                        economic development needs of low-income communities,
                                                                        including Tribal communities, 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 ‘‘Federal Home Loan



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                                                                       5 Banks’ Mission Implementation Act’’.



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                                                                       1     SEC. 2. PURPOSE.

                                                                       2              The purpose of this Act is to promote economic recov-
                                                                       3 ery in response to the COVID–19 pandemic and to meet
                                                                       4 the short- and long-term housing and community eco-
                                                                       5 nomic development needs of low-income communities, in-
                                                                       6 cluding Tribal communities, by—
                                                                       7                        (1) increasing the ability of the Federal Home
                                                                       8              Loan Banks to accept, as collateral, small business
                                                                       9              loans guaranteed by the Small Business Administra-
                                                                     10               tion;
                                                                     11                         (2) authorizing the Federal Home Loan Banks
                                                                     12               to accept government guaranteed loans as collateral
                                                                     13               to support COVID–19 programs;
                                                                     14                         (3) allowing community development financial
                                                                     15               institutions and credit unions to pledge community
                                                                     16               financial institution collateral, such as small busi-
                                                                     17               ness, small agriculture, and community development
                                                                     18               loans, and enable the Federal Housing Finance
                                                                     19               Agency to raise the threshold for qualification as a
                                                                     20               community financial institution;
                                                                     21                         (4) providing letters of credit to provide liquid-
                                                                     22               ity, and support, stabilize and strengthen local, Trib-
                                                                     23               al, State and Federal governmental entities public
                                                                     24               unit deposits, housing and community development




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                                                                     25               efforts, and vital public financing;


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                                                                       1                        (5) increasing funding for the Affordable Hous-
                                                                       2              ing Program established by each Federal Home
                                                                       3              Loan Bank under section 10(j) of the Federal Home
                                                                       4              Loan Bank Act (12 U.S.C. 1430(j)) and establishing
                                                                       5              a 2 percent set aside for Native American Tribes;
                                                                       6              and
                                                                       7                        (6) creating a community economic development
                                                                       8              investment program within the Federal Home Loan
                                                                       9              Bank system to generate financial opportunity, cre-
                                                                     10               ate jobs, and stimulate economic development in dis-
                                                                     11               tressed urban, rural, Tribal, and suburban commu-
                                                                     12               nities in the United States.
                                                                     13      SEC. 3. FHLB ADVANCES SECURED BY SBA LOANS.

                                                                     14               Section 7 of the Small Business Act (15 U.S.C. 636)
                                                                     15 is amended by adding at the end the following:
                                                                     16               ‘‘(o) FEDERAL HOME LOAN BANK ADVANCES.—
                                                                     17                         ‘‘(1) DEFINITION                     OF        BANK.—In                 this sub-
                                                                     18               section, the term ‘Bank’ means a Federal Home
                                                                     19               Loan Bank, as defined in section 2 of the Federal
                                                                     20               Home Loan Bank Act (12 U.S.C. 1422).
                                                                     21                         ‘‘(2) ADVANCES.—A Bank that, in the exercise
                                                                     22               of its authority under section 10 of the Federal
                                                                     23               Home Loan Bank Act (12 U.S.C. 1430) to make se-
                                                                     24               cured advances, accepts as collateral a loan guaran-



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                                                                     25               teed by the Administration under this Act or any


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                                                                       1              other provision of law, including loans guaranteed
                                                                       2              under section 7(a)—
                                                                       3                                 ‘‘(A) may exercise all of the rights and
                                                                       4                        remedies contained in any pledge or similar se-
                                                                       5                        curity agreement between the Bank and the
                                                                       6                        lending or participating institution that made
                                                                       7                        or purchased the loan; and
                                                                       8                                 ‘‘(B) in the event of default on the loan,
                                                                       9                        shall possess the same rights and remedies as
                                                                     10                         such a lending or participating institution
                                                                     11                         would possess in the same circumstance, includ-
                                                                     12                         ing collecting monies due on the guarantee di-
                                                                     13                         rectly from the Administration.
                                                                     14                         ‘‘(3) TRANSFER OF GUARANTEE.—With respect
                                                                     15               to a guaranteed loan that a Bank accepts as collat-
                                                                     16               eral under paragraph (2), the guarantee obligation
                                                                     17               of the Administration on the loan shall transfer to
                                                                     18               the Bank.’’.
                                                                     19      SEC. 4. MAKING GOVERNMENT GUARANTEED LOANS IN RE-

                                                                     20                              SPONSE TO THE COVID–19 CRISIS ELIGIBLE

                                                                     21                              COLLATERAL FOR THE FEDERAL HOME LOAN

                                                                     22                              BANKS.

                                                                     23               Section 10(a)(3) of the Federal Home Loan Bank
                                                                     24 Act (12 U.S.C. 1430(a)(3)) is amended by adding at the



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                                                                     25 end the following:


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                                                                       1                                 ‘‘(F) Loans guaranteed or insured by the
                                                                       2                        United States Government or any agency there-
                                                                       3                        of and made by any member under programs or
                                                                       4                        facilities established by the Secretary of the
                                                                       5                        Treasury or the Board of Governors of the Fed-
                                                                       6                        eral Reserve System under the CARES Act
                                                                       7                        (Public Law 116–136) or other similar pro-
                                                                       8                        grams or facilities in subsequently enacted Acts
                                                                       9                        to address the impact to the economy from the
                                                                     10                         COVID–19 crisis, including other similar pro-
                                                                     11                         grams or facilities established under section
                                                                     12                         13(3) of the Federal Reserve Act (12 U.S.C.
                                                                     13                         343(3)).
                                                                     14                                  ‘‘(G) Loans guaranteed by the Small Busi-
                                                                     15                         ness Administration under the Small Business
                                                                     16                         Act (15 U.S.C. 631 et seq.) or any other provi-
                                                                     17                         sion of law.’’.
                                                                     18      SEC. 5. ADDING CREDIT UNIONS TO THE DEFINITION OF

                                                                     19                              COMMUNITY FINANCIAL INSTITUTIONS AND

                                                                     20                              EXPANDING THE PURPOSES OF ADVANCES

                                                                     21                              AND COLLATERAL AVAILABLE TO CERTAIN

                                                                     22                              COMMUNITY DEVELOPMENT FINANCIAL IN-

                                                                     23                              STITUTIONS.

                                                                     24               (a) IN GENERAL.—Section 10(a) of the Federal



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                                                                     25 Home Loan Bank Act (12 U.S.C. 1430(a)) is amended—


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                                                                       1                        (1) in paragraph (2)(B), by inserting ‘‘or quali-
                                                                       2              fying community development financial institution’’
                                                                       3              after ‘‘community financial institution’’; and
                                                                       4                        (2) in paragraph (3)(E), by inserting ‘‘or quali-
                                                                       5              fying community development financial institution’’
                                                                       6              after ‘‘community financial institution’’.
                                                                       7              (b) DEFINITIONS.—Section 2 of the Federal Home
                                                                       8 Loan Bank Act (12 U.S.C. 1422) is amended—
                                                                       9                        (1) in paragraph (10)—
                                                                     10                                  (A) by striking ‘‘INSTITUTION.—’’ and all
                                                                     11                         that follows through ‘‘The term’’ and inserting
                                                                     12                         ‘‘INSTITUTION.—The term’’;
                                                                     13                                  (B) by striking subparagraph (B);
                                                                     14                                  (C) by redesignating clauses (i) and (ii) as
                                                                     15                         subparagraphs (A) and (B), respectively, and
                                                                     16                         adjusting the margins accordingly;
                                                                     17                                  (D) in subparagraph (A), as so redesig-
                                                                     18                         nated, by inserting ‘‘(12 U.S.C. 1811 et seq.)
                                                                     19                         or the Federal Credit Union Act (12 U.S.C.
                                                                     20                         1751 et seq.)’’ before the semicolon; and
                                                                     21                                  (E) in subparagraph (B), as so redesig-
                                                                     22                         nated, by striking ‘‘$1,000,000,000’’ and insert-
                                                                     23                         ing ‘‘assets at a level set by the Agency, but not
                                                                     24                         more than $10,000,000,000’’; and



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                                                                     25                         (2) by adding at the end the following:


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                                                                       1                        ‘‘(13) QUALIFYING COMMUNITY DEVELOPMENT
                                                                       2              FINANCIAL               INSTITUTION.—The                          term            ‘qualifying
                                                                       3              community development financial institution’ means
                                                                       4              an entity that—
                                                                       5                                 ‘‘(A) has been certified as a community de-
                                                                       6                        velopment financial institution (as such term is
                                                                       7                        defined in section 103 of the Riegle Community
                                                                       8                        Development and Regulatory Improvement Act
                                                                       9                        of 1994 (12 U.S.C. 4702) by the Secretary of
                                                                     10                         the Treasury; and
                                                                     11                                  ‘‘(B) satisfies the average total assets
                                                                     12                         threshold requirement for a community finan-
                                                                     13                         cial institution set forth in paragraph (10).’’.
                                                                     14      SEC. 6. STANDBY LETTERS OF CREDIT.

                                                                     15               The Federal Home Loan Bank Act (12 U.S.C. 1421
                                                                     16 et seq.) is amended—
                                                                     17                         (1) in section 2 (12 U.S.C. 1422), as amended
                                                                     18               by section 5 of this Act, is amended by adding at
                                                                     19               the end the following:
                                                                     20                         ‘‘(14) EMPLOYEE- OR COMMUNITY-OWNED COM-
                                                                     21               PANY.—The                term ‘employee- or community-owned
                                                                     22               company’ means—
                                                                     23                                  ‘‘(A) an organization described in section
                                                                     24                         1381 of the Internal Revenue Code of 1986;



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                                                                       1                                 ‘‘(B) an eligible worker-owned cooperative,
                                                                       2                        as defined in section 1042(c)(2) of the Internal
                                                                       3                        Revenue Code of 1986; and
                                                                       4                                 ‘‘(C) an employee stock ownership plan, as
                                                                       5                        defined in section 4975(e)(7) of the Internal
                                                                       6                        Revenue Code of 1986, which meets the re-
                                                                       7                        quirements of section 409 of such Code.’’;
                                                                       8                        (2) in section 11 (12 U.S.C. 1431), by adding
                                                                       9              at the end the following:
                                                                     10               ‘‘(m) STANDBY LETTERS OF CREDIT.—
                                                                     11                         ‘‘(1) IN GENERAL.—Each Federal Home Loan
                                                                     12               Bank is authorized to issue and confirm standby let-
                                                                     13               ters of credit, secured by collateral eligible to secure
                                                                     14               advances, to support any activity permitted under
                                                                     15               law or regulation applicable to the member or non-
                                                                     16               member mortgagee eligible to receive advances under
                                                                     17               section 10b, subject to safety and soundness over-
                                                                     18               sight, including the purposes described in paragraph
                                                                     19               (2).
                                                                     20                         ‘‘(2) PURPOSES.—Each Bank is authorized to
                                                                     21               issue or confirm on behalf of members or non-mem-
                                                                     22               ber mortgagees standby letters of credit that comply
                                                                     23               with the requirements of this subsection for any of
                                                                     24               the following purposes:



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                                                                       1                                 ‘‘(A) To assist members or non-member
                                                                       2                        mortgagees in facilitating residential housing fi-
                                                                       3                        nance.
                                                                       4                                 ‘‘(B) To assist members or non-member
                                                                       5                        mortgagees in facilitating community lending.
                                                                       6                                 ‘‘(C) To assist members or non-member
                                                                       7                        mortgagees with asset or liability management.
                                                                       8                                 ‘‘(D) To provide members or non-member
                                                                       9                        mortgagees with liquidity or other funding.
                                                                     10                                  ‘‘(E) To assist members in facilitating
                                                                     11                         business retention or facilitating business tran-
                                                                     12                         sition to employee- or community-owned compa-
                                                                     13                         nies or assisting those companies.’’.
                                                                     14      SEC. 7. LETTERS OF CREDIT ON TAX EXEMPT BONDS.

                                                                     15               (a)         IN        GENERAL.—Clause                           (iv)         of   section
                                                                     16 149(b)(3)(A) of the Internal Revenue Code of 1986 is
                                                                     17 amended by striking ‘‘a bond during the period beginning
                                                                     18 on the date of the enactment of this clause and ending
                                                                     19 on December 31, 2010’’ and inserting ‘‘a municipal bond
                                                                     20 (as defined in section 75(b)(1)) on or after the date of
                                                                     21 enactment of the Federal Home Loan Banks’ Mission Im-
                                                                     22 plementation Act’’.
                                                                     23               (b) SAFETY                AND        SOUNDNESS REQUIREMENTS.—
                                                                     24 Subparagraph (E) of section 149(b)(3) of the Internal



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                                                                     25 Revenue Code of 1986 is amended by striking ‘‘which are


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                                                                       1 at least’’ and all that follows through the period and in-
                                                                       2 serting ‘‘as are established by the Director of the Federal
                                                                       3 Housing Finance Agency from time to time.’’.
                                                                       4              (c) EFFECTIVE DATE.—The amendments made by
                                                                       5 this section shall apply to guarantees made after the date
                                                                       6 of enactment of this Act.
                                                                       7              (d) SUNSET.—Effective on the date that is 2 years
                                                                       8 after the date on which the Federal Emergency Manage-
                                                                       9 ment Agency terminates the emergency declared on March
                                                                     10 13, 2020 by the President under the Robert T. Stafford
                                                                     11 Disaster Relief and Emergency Assistance Act (42 U.S.C.
                                                                     12 4121 et seq.) relating to the Coronavirus Disease 2019
                                                                     13 (COVID–19) pandemic, section 149(b)(3) of the Internal
                                                                     14 Revenue Code of 1986 is amended—
                                                                     15                         (1) in subparagraph (A)(iv), by striking ‘‘a mu-
                                                                     16               nicipal bond (as defined in section 75(b)(1)) on or
                                                                     17               after the date of enactment of the Federal Home
                                                                     18               Loan Banks’ Mission Implementation Act’’ and in-
                                                                     19               serting ‘‘a bond during the period beginning on the
                                                                     20               date of the enactment of this clause and ending on
                                                                     21               December 31, 2010’’; and
                                                                     22                         (2) in subparagraph (E), by striking ‘‘as are es-
                                                                     23               tablished by the Director of the Federal Housing Fi-
                                                                     24               nance Agency from time to time’’ and inserting



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                                                                     25               ‘‘which are at least as stringent as such require-


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                                                                       1              ments which apply under regulations applicable to
                                                                       2              such guarantees by Federal home loan banks as in
                                                                       3              effect on April 9, 2008’’.
                                                                       4     SEC. 8. AFFORDABLE HOUSING PROGRAM.

                                                                       5              (a) IN GENERAL.—Section 10 of the Federal Home
                                                                       6 Loan Bank Act (12 U.S.C. 1430) is amended—
                                                                       7                        (1) in subsection (j)—
                                                                       8                                 (A) in paragraph (3)—
                                                                       9                                         (i) in the matter preceding subpara-
                                                                     10                                  graph (A), by striking ‘‘such as the fol-
                                                                     11                                  lowing:’’ and inserting ‘‘such as—’’;
                                                                     12                                          (ii) in subparagraph (A)—
                                                                     13                                                   (I) by inserting ‘‘the’’ before
                                                                     14                                          ‘‘purchase’’; and
                                                                     15                                                   (II) by striking the comma at the
                                                                     16                                          end and inserting a semicolon;
                                                                     17                                          (iii) in subparagraph (B)—
                                                                     18                                                   (I) by inserting ‘‘the’’ before
                                                                     19                                          ‘‘purchase’’; and
                                                                     20                                                   (II) by striking ‘‘and’’ at the end;
                                                                     21                                          (iv) in subparagraph (C)—
                                                                     22                                                   (I) by inserting ‘‘the’’ before
                                                                     23                                          ‘‘purchase’’; and
                                                                     24                                                   (II) by striking the period at the



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                                                                     25                                          end and inserting a semicolon; and


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                                                                       1                                         (v) by adding at the end the following:
                                                                       2                                 ‘‘(D) the purchase or rehabilitation of
                                                                       3                        housing financed by a community land trust;
                                                                       4                        and
                                                                       5                                 ‘‘(E) the purchase or rehabilitation of
                                                                       6                        housing in qualified manufactured home com-
                                                                       7                        munities owned by nonprofit organizations or
                                                                       8                        the residents.’’; and
                                                                       9                                 (B) in paragraph (5)(C)—
                                                                     10                                          (i) by striking ‘‘10’’ and inserting
                                                                     11                                  ‘‘20’’;
                                                                     12                                          (ii) by striking ‘‘100,000,000’’ and in-
                                                                     13                                  serting ‘‘200,000,000’’; and
                                                                     14                                          (iii) by adding at the end the fol-
                                                                     15                                  lowing: ‘‘Of such contribution, an amount
                                                                     16                                  equal to not less than 2 percent of 20 per-
                                                                     17                                  cent of the preceding year’s net income
                                                                     18                                  shall be used to support subsidized grants
                                                                     19                                  or advances through the Affordable Hous-
                                                                     20                                  ing Program benefitting federally recog-
                                                                     21                                  nized Indian Tribes and communities,
                                                                     22                                  which includes awards outside of the dis-
                                                                     23                                  trict of a Bank.’’.
                                                                     24               (b) DEFINITIONS.—Section 2 of the Federal Home



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                                                                     25 Loan Bank Act (12 U.S.C. 1422), as amended by section


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                                                                       1 6 of this Act, is amended by adding at the end the fol-
                                                                       2 lowing:
                                                                       3                        ‘‘(16)        MANUFACTURED                         HOME.—The            term
                                                                       4              ‘manufactured home’ has the meaning given the
                                                                       5              term in section 603 of the National Manufactured
                                                                       6              Housing Construction and Safety Standards Act of
                                                                       7              1974 (42 U.S.C. 5402).
                                                                       8                        ‘‘(17) QUALIFIED MANUFACTURED HOME COM-
                                                                       9              MUNITY.—

                                                                     10                                  ‘‘(A) IN GENERAL.—The term ‘qualified
                                                                     11                         manufactured home community’ means—
                                                                     12                                          ‘‘(i) a cooperative controlled by resi-
                                                                     13                                  dents or a nonprofit or municipal housing
                                                                     14                                  corporation established pursuant to the
                                                                     15                                  laws of the State in which the property
                                                                     16                                  used as a manufactured home community
                                                                     17                                  is located; and
                                                                     18                                          ‘‘(ii)(I) in the case of a community
                                                                     19                                  owned by a cooperative corporation or
                                                                     20                                  membership nonprofit, with membership
                                                                     21                                  interests that are sold on a non-appre-
                                                                     22                                  ciating basis, has only 1 class of member-
                                                                     23                                  ship consisting solely of residents and
                                                                     24                                  homeowners that occupy a home in that



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                                                                     25                                  manufactured home community; or


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                                                                       1                                         ‘‘(II) in the case of a community
                                                                       2                                 owned by a nonprofit corporation—
                                                                       3                                                  ‘‘(aa) the nonprofit exists for the
                                                                       4                                         purposes of preserving and improving
                                                                       5                                         affordable housing and is primarily
                                                                       6                                         for residential purposes; and
                                                                       7                                                  ‘‘(bb) the intent of the nonprofit
                                                                       8                                         in acquiring the community is for the
                                                                       9                                         purposes of preserving and improving
                                                                     10                                          the manufactured home community.
                                                                     11                                  ‘‘(B) GOVERNANCE.—An entity shall not
                                                                     12                         be treated as a qualified manufactured home
                                                                     13                         community unless governance of the entity is
                                                                     14                         carried out by members elected to a board of
                                                                     15                         directors            with       voting           structured             equitably
                                                                     16                         among all members.’’.
                                                                     17               (c) TECHNICAL AND CONFORMING AMENDMENTS.—
                                                                     18 Section 10 of the Federal Home Loan Bank Act (12
                                                                     19 U.S.C. 1430) is amended—
                                                                     20                         (1) in subsection (c), by striking ‘‘Federal home
                                                                     21               loan bank’’ and inserting ‘‘Federal Home Loan
                                                                     22               Bank’’;
                                                                     23                         (2) in subsection (h)(2), by striking ‘‘section
                                                                     24               10(a) of this Act’’ and inserting ‘‘subsection (a)’’;



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                                                                     25               and


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                                                                       1                        (3) in subsection (j)—
                                                                       2                                 (A) in paragraph (2), in the matter pre-
                                                                       3                        ceding subparagraph (A), by striking ‘‘Board’s
                                                                       4                        regulations’’ and inserting ‘‘regulations promul-
                                                                       5                        gated by the Director’’;
                                                                       6                                 (B) in paragraph (6)—
                                                                       7                                          (i) in subparagraph (A), by striking
                                                                       8                                 ‘‘this paragraph’’ and inserting ‘‘paragraph
                                                                       9                                 (5)’’;
                                                                     10                                           (ii) in subparagraph (C), in the sec-
                                                                     11                                  ond sentence, by striking ‘‘Board’s deci-
                                                                     12                                  sion’’ and inserting ‘‘decision of the Direc-
                                                                     13                                  tor’’; and
                                                                     14                                           (iii) in subparagraph (F), by inserting
                                                                     15                                  ‘‘NOTIFICATION.—’’ before ‘‘The Direc-
                                                                     16                                  tor’’;
                                                                     17                                  (C) in paragraph (8), in the matter pre-
                                                                     18                         ceding subparagraph (A), by striking ‘‘para-
                                                                     19                         graph’’ and inserting ‘‘subsection’’;
                                                                     20                                  (D) in paragraph (12)—
                                                                     21                                           (i) in subparagraph (A), by inserting
                                                                     22                                  ‘‘IN GENERAL.—’’ before ‘‘The Director’’;
                                                                     23                                  and




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                                                                       1                                         (ii) in subparagraph (B), by inserting
                                                                       2                                 ‘‘ANALYSES.—’’ before ‘‘The analyses’’;
                                                                       3                                 and
                                                                       4                                 (E) in paragraph (13), in the matter pre-
                                                                       5                        ceding subparagraph (A), by striking ‘‘sub-
                                                                       6                        section—’’ and inserting ‘‘subsection:’’.
                                                                       7     SEC. 9. COMMUNITY INVESTMENT CASH ADVANCE AND

                                                                       8                             COMMUNITY ECONOMIC DEVELOPMENT PRO-

                                                                       9                             GRAM.

                                                                     10               (a) IN GENERAL.—Section 10 of the Federal Home
                                                                     11 Loan Bank Act (12 U.S.C. 1430) is amended by inserting
                                                                     12 after subsection (e) the following:
                                                                     13               ‘‘(f) COMMUNITY INVESTMENT CASH ADVANCE AND
                                                                     14 COMMUNITY ECONOMIC DEVELOPMENT PROGRAM.—
                                                                     15                         ‘‘(1) IN         GENERAL.—Pursuant                              to regulations
                                                                     16               promulgated by the Director, each Bank—
                                                                     17                                  ‘‘(A) may establish community investment
                                                                     18                         cash advance programs to provide financing for
                                                                     19                         members or nonmember mortgagees eligible to
                                                                     20                         receive advances under section 10b to provide
                                                                     21                         projects targeted to certain economic develop-
                                                                     22                         ment activities and specific beneficiaries, includ-
                                                                     23                         ing certain geographic areas and at certain tar-
                                                                     24                         geted income levels established by the Bank



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                                                                     25                         with the prior approval of Director; and


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                                                                       1                                 ‘‘(B) shall provide targeted community eco-
                                                                       2                        nomic development grants and lending.
                                                                       3                        ‘‘(2) MIXED-USE PROJECTS.—With respect to a
                                                                       4              project funded under a program established under
                                                                       5              this subsection involving a combination of housing
                                                                       6              projects and economic development projects, only the
                                                                       7              economic development components of the project
                                                                       8              shall be required to meet the appropriate targeted
                                                                       9              income level for the program.
                                                                     10                         ‘‘(3) PRICING                   AND         AVAILABILITY                OF   AD-

                                                                     11               VANCES.—A Bank shall price advances to members

                                                                     12               under this subsection as provided in section 1266.5
                                                                     13               of title 12, Code of Federal Regulations, or any suc-
                                                                     14               cessor regulation, and may price such advances at
                                                                     15               rates below the price of advances of similar amounts,
                                                                     16               maturities, and terms made pursuant to subsection
                                                                     17               (a).
                                                                     18                         ‘‘(4) ADVANCES TO NON-MEMBER MORTGAGEES
                                                                     19               ELIGIBLE TO RECEIVE ADVANCES.—

                                                                     20                                  ‘‘(A) IN GENERAL.—A Bank may offer ad-
                                                                     21                         vances under a program established under this
                                                                     22                         subsection to non-member mortgagees eligible
                                                                     23                         to receive advances under subsection (b) at the
                                                                     24                         Bank’s option.



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                                                                       1                                 ‘‘(B) PRICING.—A Bank shall price ad-
                                                                       2                        vances under this paragraph to non-member
                                                                       3                        mortgagees eligible to receive advances under
                                                                       4                        section 10b as provided in section 1266.17 of
                                                                       5                        title 12, Code of Federal Regulations, or any
                                                                       6                        successor regulation, and may price such ad-
                                                                       7                        vances at rates below the price of advances of
                                                                       8                        similar amounts, maturities, and terms made
                                                                       9                        pursuant to section 10b.
                                                                     10                         ‘‘(5) PRICING PASS-THROUGH.—A Bank may
                                                                     11               require that borrowers receiving advances made
                                                                     12               under a program established under this subsection
                                                                     13               pass through the benefit of any price reduction from
                                                                     14               regular advance pricing to borrowers of the Bank.
                                                                     15                         ‘‘(6) DISCOUNT FUND.—
                                                                     16                                  ‘‘(A) IN GENERAL.—A Bank may establish
                                                                     17                         a discount fund that the Bank may use to re-
                                                                     18                         duce the price of advances made under a pro-
                                                                     19                         gram established under this subsection below
                                                                     20                         the advance prices provided for by part 1292 of
                                                                     21                         title 12, Code of Federal Regulations, or any
                                                                     22                         successor regulation.
                                                                     23                                  ‘‘(B) FAIR DISTRIBUTION SCHEME.—Price
                                                                     24                         reductions made through a discount fund under



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                                                                       1                        subparagraph (A) shall be made in accordance
                                                                       2                        with a fair distribution scheme.
                                                                       3                        ‘‘(7)       COMMUNITY                   ECONOMIC                 DEVELOPING

                                                                       4              GRANTS AND LENDING.—

                                                                       5                                 ‘‘(A) DEFINITIONS.—In this paragraph:
                                                                       6                                         ‘‘(i) ELIGIBLE ENTITY.—The term ‘el-
                                                                       7                                 igible entity’ means—
                                                                       8                                                  ‘‘(I) a locally-owned nonprofit or-
                                                                       9                                         ganization                 described             in    section
                                                                     10                                          501(c)(3) of the Internal Revenue
                                                                     11                                          Code of 1986 and exempt from tax-
                                                                     12                                          ation under section 501(a) of such
                                                                     13                                          Code or a community development
                                                                     14                                          corporation—
                                                                     15                                                            ‘‘(aa) that has experience in
                                                                     16                                                   developing and managing eco-
                                                                     17                                                   nomic development projects;
                                                                     18                                                            ‘‘(bb) that governed by a
                                                                     19                                                   board of directors consisting of
                                                                     20                                                   residents of the community and
                                                                     21                                                   business and civic leaders; and
                                                                     22                                                            ‘‘(cc) the principal purpose
                                                                     23                                                   of which is to plan, develop, or
                                                                     24                                                   manage low-income housing or



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                                                                     25                                                   community development projects;


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                                                                       1                                                  ‘‘(II) a non-depository commu-
                                                                       2                                         nity development financial institution,
                                                                       3                                         as defined in section 103 of the Riegle
                                                                       4                                         Community Development and Regu-
                                                                       5                                         latory Improvement Act of 1994 (12
                                                                       6                                         U.S.C. 4702), that is certified by the
                                                                       7                                         Community                  Development                 Financial
                                                                       8                                         Institutions               Fund            under         section
                                                                       9                                         1805.201 of title 12, Code of Federal
                                                                     10                                          Regulations, or any successor regula-
                                                                     11                                          tion;
                                                                     12                                                   ‘‘(III) a federally recognized In-
                                                                     13                                          dian Tribe or community; or
                                                                     14                                                   ‘‘(IV) a regional or national non-
                                                                     15                                          profit community development or co-
                                                                     16                                          operative development intermediary.
                                                                     17                                          ‘‘(ii) LOW-INCOME COMMUNITY.—The
                                                                     18                                  term ‘low-income community’ has the
                                                                     19                                  meaning given the term in section 45D(e)
                                                                     20                                  of the Internal Revenue Code of 1986.
                                                                     21                                          ‘‘(iii) RURAL COMMUNITY.—The term
                                                                     22                                  ‘rural community’ means a city, town, or
                                                                     23                                  Census Designated Place with a population
                                                                     24                                  of not more than 20,000, according to the



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                                                                       1                                 most recent decennial census conducted by
                                                                       2                                 the Bureau of the Census.
                                                                       3                                         ‘‘(iv)         VERY          LOW-INCOME                HOUSE-

                                                                       4                                 HOLD.—The term ‘very low-income house-

                                                                       5                                 hold’ means a household with an income
                                                                       6                                 that is not greater than 50 percent of the
                                                                       7                                 area median income.
                                                                       8                                 ‘‘(B) REQUIREMENT.—Each Bank shall
                                                                       9                        establish a program to provide grants or sub-
                                                                     10                         sidize the interest rate on advances to members
                                                                     11                         engaged in lending to eligible entities for eco-
                                                                     12                         nomic development activities that serve low-in-
                                                                     13                         come or rural communities.
                                                                     14                                  ‘‘(C) USE OF FUNDS.—The entire amount
                                                                     15                         of a grant or subsidized advance provided under
                                                                     16                         this paragraph—
                                                                     17                                          ‘‘(i) shall benefit the communities as-
                                                                     18                                  sisted by the recipient of the grant or sub-
                                                                     19                                  sidized advance;
                                                                     20                                          ‘‘(ii) shall not be used for the purpose
                                                                     21                                  of financial education or to support a
                                                                     22                                  sports stadium or arena; and
                                                                     23                                          ‘‘(iii) shall provide at least 2 percent
                                                                     24                                  of grants or advance funds to benefit fed-



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                                                                     25                                  erally recognized Indian Tribes or commu-


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                                                                       1                                 nities, which may include a Bank providing
                                                                       2                                 grants or advance funds outside of the dis-
                                                                       3                                 trict of the Bank.
                                                                       4                                 ‘‘(D)        ELIGIBLE               ACTIVITIES.—Economic

                                                                       5                        development activities that are eligible to be
                                                                       6                        carried out under this paragraph include—
                                                                       7                                         ‘‘(i) providing grants and equity in-
                                                                       8                                 vestments, including those that capitalize a
                                                                       9                                 revolving loan fund of a Treasury-certified
                                                                     10                                  non-depository community development fi-
                                                                     11                                  nancial institution for eligible economic de-
                                                                     12                                  velopment activities similar to the author-
                                                                     13                                  ity provided within the Affordable Housing
                                                                     14                                  Program under subsection (j);
                                                                     15                                          ‘‘(ii) providing awards consistent with
                                                                     16                                  awards provided under section 680 of the
                                                                     17                                  Community Block Grant Act (42 U.S.C.
                                                                     18                                  9921);
                                                                     19                                          ‘‘(iii) financing business transitions to
                                                                     20                                  worker-owned cooperatives or financing the
                                                                     21                                  sales of business assets to employees or
                                                                     22                                  community stakeholders that preserve jobs
                                                                     23                                  in low- and moderate-income communities;
                                                                     24                                          ‘‘(iv) financing capital expenditures,



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                                                                     25                                  such as the purchase of equipment or real


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                                                                       1                                 property for nonprofit organizations, in-
                                                                       2                                 cluding child care or health care facilities
                                                                       3                                 in low-income communities, that provide
                                                                       4                                 service to low-income households;
                                                                       5                                         ‘‘(v) financing operating expenses for
                                                                       6                                 nonprofit community development organi-
                                                                       7                                 zations engaged in community economic
                                                                       8                                 development activities benefitting very low-
                                                                       9                                 income households;
                                                                     10                                          ‘‘(vi) water, road, broadband, clean
                                                                     11                                  energy, or municipal infrastructure invest-
                                                                     12                                  ments, including investments to address
                                                                     13                                  climate change, in Native American tribal
                                                                     14                                  lands and economically distressed rural
                                                                     15                                  communities;
                                                                     16                                          ‘‘(vii) providing community facilities
                                                                     17                                  or infrastructure, including public transit,
                                                                     18                                  green space consisting of parks with trees
                                                                     19                                  and shrubbery, heat-reflecting road and
                                                                     20                                  sidewalk upgrades, tornado shelters, public
                                                                     21                                  restrooms, or environmental cooling loca-
                                                                     22                                  tions accessible to the public in low-income
                                                                     23                                  communities; and
                                                                     24                                          ‘‘(viii) any other activity established



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                                                                     25                                  by the Director in consultation with Con-


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                                                                       1                                 gress, the Federal Home Loan Banks and
                                                                       2                                 their housing advisory councils, and the
                                                                       3                                 public.
                                                                       4                                 ‘‘(E) PRIORITIES                     FOR       MAKING          GRANTS

                                                                       5                        AND ADVANCES.—In                            using amounts provided
                                                                       6                        under this paragraph, each Bank member shall
                                                                       7                        give priority to qualified projects such as—
                                                                       8                                         ‘‘(i) grants or advances for mixed-use
                                                                       9                                 housing developments that provide eco-
                                                                     10                                  nomic activity and affordable housing for
                                                                     11                                  low-income and rural communities;
                                                                     12                                          ‘‘(ii) grants or advances for child care
                                                                     13                                  facilities that serve low-income households;
                                                                     14                                          ‘‘(iii) grants or advances for programs
                                                                     15                                  that provide economic opportunities for
                                                                     16                                  formerly incarcerated individuals;
                                                                     17                                          ‘‘(iv) grants or advances that enable
                                                                     18                                  conversion to employee- or community-
                                                                     19                                  owned companies or financing the sales of
                                                                     20                                  business assets to employees or community
                                                                     21                                  stakeholders;
                                                                     22                                          ‘‘(v) grants or advances to established
                                                                     23                                  regional and national intermediary organi-
                                                                     24                                  zations that already receive Federal funds



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                                                                     25                                  and have the capacity to deliver economic


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                                                                       1                                 development activities to low-income house-
                                                                       2                                 holds; and
                                                                       3                                         ‘‘(vi) any other priority established by
                                                                       4                                 the Agency in consultation with the Banks,
                                                                       5                                 Bank members, housing advisory councils
                                                                       6                                 of the Banks, Congress, and the public.
                                                                       7                                 ‘‘(F) REQUIREMENTS FOR PROJECTS IN
                                                                       8                        RURAL           COMMUNITIES.—With                               respect   to   a
                                                                       9                        project carried out by an eligible entity in a
                                                                     10                         rural community under this paragraph—
                                                                     11                                          ‘‘(i) not less than 51 percent of the
                                                                     12                                  population served by the project shall re-
                                                                     13                                  side in the rural community;
                                                                     14                                          ‘‘(ii) the projects shall primarily serve
                                                                     15                                  and benefit rural residents and commu-
                                                                     16                                  nities; and
                                                                     17                                          ‘‘(iii) the rural community shall be
                                                                     18                                  within the jurisdiction of the eligible entity.
                                                                     19                                  ‘‘(G) REPORT.—Each member receiving a
                                                                     20                         grant or advance under this paragraph shall re-
                                                                     21                         port annually to the Bank making the grant or
                                                                     22                         advance concerning the use by the member of
                                                                     23                         the grant or advance.
                                                                     24                                  ‘‘(H) CONTRIBUTION TO PROGRAM.—Each



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                                                                     25                         Bank shall annually contribute 10 percent of


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                                                                       1                        the preceding year’s net income, or such pro-
                                                                       2                        rated sums as may be required to ensure that
                                                                       3                        the aggregate contribution of the Banks shall
                                                                       4                        not be less than $100,000,000 for each such
                                                                       5                        year, to support grants and subsidized advances
                                                                       6                        made under this paragraph.’’.
                                                                                                                                Æ




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