§1834b — Title 12 Banks and Banking | U.S. Code

Summary

Insured banks and parts of banks can count as community development organizations if they do one of these: are a community development bank, control a community development bank or corporation, have a community development unit inside the bank, invest in accounts at a low-income community development credit union (with NCUA limits), or jointly run a community development group with other institutions. Except for community development banks, the bank must put into the community group at least the larger of (a) 1/2 of 1 percent of the bank’s capital or (b) the total amounts it has already invested. The community group must make loans and offer services for home mortgages, home repairs, community development, and other financial help to low- and moderate-income people, nonprofits, and small businesses in qualified distressed communities. It must not mainly finance car purchases or open-end credit plans. A community development bank must have a 15-member Community Investment Board of local leaders, with members first picked by the bank and later chosen by the board from community nominations. Members serve one 2-year term, with the first group staggered so one-third serve 8 months, one-third 16 months, and one-third 24 months. One-third of the bank’s directors must come from nominees of that board, and the board must meet the Community Investment Board at least every 3 months. A community development corporation or unit must give the same or more community participation as that board. The regulator will only approve a new community development organization if the area is not already adequately served. Definitions: community development bank = a depository institution; community development organization = the bank, corporation, unit, or community development credit union; low- and moderate-income persons, nonprofit, small business, and qualified distressed community = defined by the cited federal rules.

Title 12, §1834b

Banks and Banking — Source: USLM XML via OLRC

(a)For purposes of this subtitle, any insured depository institution, or a qualified portion thereof, shall be treated as meeting the community development organization requirements of this section if—

(1)the institution—

(A)is a community development bank, or controls any community development bank, which meets the requirements of subsection (b);

(B)controls any community development corporation, or maintains any community development unit within the institution, which meets the requirements of subsection (c);

(C)invests in accounts in any community development credit union designated as a low-income credit union, subject to restrictions established for such credit unions by the National Credit Union Administration Board; or

(D)invests in a community development organization jointly controlled by two or more institutions;

(2)except in the case of an institution which is a community development bank, the amount of the capital invested, in the form of debt or equity, by the institution in the community development organization referred to in paragraph (1) (or, in the case of any community development unit, the amount which the institution irrevocably makes available to such unit for the purposes described in paragraph (3)) is not less than the greater of—

(A)½ of 1 percent of the capital, as defined by generally accepted accounting principles, of the institution; or

(B)the sum of the amounts invested in such community development organization; and

(3)the community development organization provides loans for residential mortgages, home improvement, and community development and other financial services, other than financing for the purchase of automobiles or extension of credit under any open-end credit plan (as defined in section 1602(i) 11 See References in Text note below. of title 15), to low- and moderate-income persons, nonprofit organizations, and small businesses located in qualified distressed communities in a manner consistent with the intent of this subtitle.

(b)A community development bank meets the requirements of this subsection if—

(1)the community development bank has a 15-member advisory board designated as the “Community Investment Board” and consisting entirely of community leaders who—

(A)shall be appointed initially by the board of directors of the community development bank and thereafter by the Community Investment Board from nominations received from the community; and

(B)are appointed for a single term of 2 years, except that, of the initial members appointed to the Community Investment Board, ⅓ shall be appointed for a term of 8 months, ⅓ shall be appointed for a term of 16 months, and ⅓ shall be appointed for a term of 24 months, as designated by the board of directors of the community development bank at the time of the appointment;

(2)⅓ of the members of the community development bank’s board of directors are appointed from among individuals nominated by the Community Investment Board; and

(3)the bylaws of the community development bank require that the board of directors of the bank meet with the Community Investment Board at least once every 3 months.

(c)Any community development corporation, or community development unit within any insured depository institution meets the requirements of this subsection if the corporation or unit provides the same or greater, as determined by the appropriate Federal banking agency, community participation in the activities of such corporation or unit as would be provided by a Community Investment Board under subsection (b) if such corporation or unit were a community development bank.

(d)The appropriate Federal banking agency may approve the establishment of a community development organization under this subtitle only upon finding that the distressed community is not adequately served by an existing community development organization.

(e)For purposes of this section—

(1)The term “community development bank” means any depository institution (as defined in section 1813(c)(1) of this title).

(2)The term “community development organization” means any community development bank, community development corporation, community development unit within any insured depository institution, or community development credit union.

(3)The term “low- and moderate-income persons” has the meaning given such term in section 5302(a)(20) of title 42.

(4)The terms “nonprofit organization” and “small business” have the meanings given to such terms by regulations which the appropriate Federal banking agency shall prescribe for purposes of this section.

(5)The term “qualified distressed community” has the meaning given to such term in section 1834a(b) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subtitle, referred to in subsecs. (a) and (d), is subtitle C (§§ 231–234) of title II of Pub. L. 102–242, Dec. 19, 1991, 105 Stat. 2308, known as the Bank Enterprise Act of 1991, which enacted this section and section 1834 and 1834a of this title, amended section 1817 of this title, and enacted provisions set out as a note under section 1811 of this title. For complete classification of subtitle C to the Code, see section 231 of Pub. L. 102–242, set out as a

Short Title

of 1991 Amendment note under section 1811 of this title and Tables. section 1602(i) of title 15, referred to in subsec. (a)(3), was redesignated section 1602(j) of title 15 by Pub. L. 111–203, title X, § 1100A(1)(A), July 21, 2010, 124 Stat. 2107. Codification Section was enacted as part of the Bank Enterprise Act of 1991, and also as part of the Foreign Bank Supervision Enhancement Act of 1991 and as part of the Federal Deposit Insurance Corporation Improvement Act of 1991, and not as part of the Federal Deposit Insurance Act which comprises this chapter.

§1834b Community Development Organizations