Title 12, Banks and BankingRelease 119-110

§4703 Establishment of National Fund for Community Development Banking

Title 12 › CHAPTER 47 — COMMUNITY DEVELOPMENT BANKING › SUBCHAPTER I — COMMUNITY DEVELOPMENT BANKING AND FINANCIAL INSTITUTIONS › § 4703

Last updated Sep 22, 2026|Official source

Summary

Creates a corporation called the Community Development Financial Institutions Fund. The Fund will be based in Washington, D.C., be independent from other federal agencies, and be a wholly owned government corporation in the executive branch. The President must appoint an Administrator to run the Fund, who cannot hold any other job while serving. The Administrator must hire a chief financial officer who will act as the Administrator if the Administrator is absent or the job is vacant. The Administrator can hire other staff, make rules, sign contracts, spend money, use staff from other federal agencies with their permission, and delegate tasks. For a 2-year period starting on September 23, 1994, the Administrator may hire and fire certain staff without following normal civil service rules and set their pay up to the level V Executive Schedule limit. The Fund will have a 15-member advisory board called the Community Development Advisory Board. Six members are specified federal officials or their designees (Agriculture, Commerce, Housing and Urban Development, Interior, Treasury, and Small Business Administration). Nine members are private citizens appointed by the President to give geographic and demographic balance and include specified types of experience (community development financial institution officers, insured bank officers, consumer/public interest leaders, community development experts, and one person with experience on Indian reservations). Private members serve four-year terms; they pick a chair for a two-year term. The Board must advise the Administrator on Fund policy but not on specific grant decisions, meet at least once a year, and be provided staff and facilities by the Fund. The Fund’s liability for investments is limited to the amount invested, it cannot issue securities, certain deposit rules do not apply, assisted institutions are not federal agencies, and Treasury may help set up the Fund and hire up to six employees during the transition period that began on September 23, 1994 and ends when the Administrator is appointed.

Full Legal Text

Title 12, §4703

Banks and Banking, Source: USLM XML via OLRC

(a)Establishment
(1)In general
There is established a corporation to be known as the Community Development Financial Institutions Fund that shall have the duties and responsibilities specified by this subchapter and subchapter II of this chapter. The Fund shall have succession until dissolved. The offices of the Fund shall be in Washington, D.C. The Fund shall not be affiliated with or be within any other agency or department of the Federal Government.
(2)Wholly owned Government corporation
The Fund shall be a wholly owned Government corporation in the executive branch and shall be treated in all respects as an agency of the United States, except as otherwise provided in this subchapter.
(b)Management of Fund
(1)Appointment of Administrator (2) Chief financial officer
The management of the Fund shall be vested in an Administrator, who shall be appointed by the President. The Administrator shall not engage in any other business or employment during service as the Administrator.
(3)Other officers and employees
The Administrator may appoint such other officers and employees of the Fund as the Administrator determines to be necessary or appropriate.
(4)Expedited hiring
During the 2-year period beginning on September 23, 1994, the Administrator may—
(A)appoint and terminate the individuals referred to in paragraphs (2) and (3) without regard to the civil service laws and regulations; and
(B)fix the compensation of the individuals referred to in paragraph (3) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(c)General powers
In carrying out the functions of the Fund, the Administrator— (1)
(2)shall have the power to adopt, alter, and use a corporate seal for the Fund, which shall be judicially noticed;
(3)may adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which business of the Fund may be conducted and such rules and regulations as may be necessary or appropriate to implement this subchapter and subchapter II of this chapter;
(4)may enter into, perform, and enforce such agreements, contracts, and transactions as may be deemed necessary or appropriate to the conduct of activities authorized under this subchapter and subchapter II of this chapter;
(5)may determine the character of and necessity for expenditures of the Fund and the manner in which they shall be incurred, allowed, and paid;
(6)may utilize or employ the services of personnel of any agency or instrumentality of the United States with the consent of the agency or instrumentality concerned on a reimbursable or nonreimbursable basis; and
(7)may execute all instruments necessary or appropriate in the exercise of any of the functions of the Fund under this subchapter and subchapter II of this chapter and may delegate to the officers of the Fund such of the powers and responsibilities of the Administrator as the Administrator deems necessary or appropriate for the administration of the Fund.
(d)Advisory Board
(1)Establishment
There is established an advisory board to the Fund to be known as the Community Development Advisory Board, which shall be operated in accordance with the provisions of chapter 10 of title 5, except that section 1013 of title 5 does not apply to the Board.
(2)Membership
The Board shall consist of 15 members, including—
(A)the Secretary of Agriculture or his or her designee;
(B)the Secretary of Commerce or his or her designee;
(C)the Secretary of Housing and Urban Development or his or her designee;
(D)the Secretary of the Interior or his or her designee;
(E)the Secretary of the Treasury or his or her designee;
(F)the Administrator of the Small Business Administration or his or her designee; and
(G)9 private citizens, appointed by the President, who shall be selected, to the maximum extent practicable, to provide for national geographic representation and racial, ethnic, and gender diversity, including—
(i)2 individuals who are officers of existing community development financial institutions;
(ii)2 individuals who are officers of insured depository institutions;
(iii)2 individuals who are officers of national consumer or public interest organizations;
(iv)2 individuals who have expertise in community development; and
(v)1 individual who has personal experience and specialized expertise in the unique lending and community development issues confronted by Indian tribes on Indian reservations.
(3)Chairperson
The members of the Board specified in paragraph (2)(G) shall select, by majority vote, a chairperson of the Board, who shall serve for a term of 2 years.
(4)Board function
It shall be the function of the Board to advise the Administrator on the policies of the Fund regarding activities under this subchapter. The Board shall not advise the Administrator on the granting or denial of any particular application.
(5)Terms of private members
(A)In general
Each member of the Board appointed under paragraph (2)(G) shall serve for a term of 4 years.
(B)Vacancies
Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the previous member was appointed shall be appointed for the remainder of such term. Members may continue to serve following the expiration of their terms until a successor is appointed.
(6)Meetings
The Board shall meet at least annually and at such other times as requested by the Administrator or the chairperson. A majority of the members of the Board shall constitute a quorum.
(7)Reimbursement for expenses
The members of the Board may receive reimbursement for travel, per diem, and other necessary expenses incurred in the performance of their duties, in accordance with chapter 10 of title 5.
(8)Costs and expenses
The Fund shall provide to the Board all necessary staff and facilities.
(e)Omitted
(f)Government Corporation Control Act exemption
section 9107(b) of title 31, shall not apply to deposits of the Fund made pursuant to section 4707 of this title.
(g)Limitation of Fund and Federal liability
The liability of the Fund and the United States Government arising out of any investment in a community development financial institution in accordance with this subchapter shall be limited to the amount of the investment. The Fund shall be exempt from any assessments and other liabilities that may be imposed on controlling or principal shareholders by any Federal law or the law of any State, Territory, or the District of Columbia. Nothing in this subsection shall affect the application of any Federal tax law.
(h)Prohibition on issuance of securities
The Fund may not issue stock, bonds, debentures, notes, or other securities.
(i)Omitted
(j)Assisted institutions not United States instrumentalities
A community development financial institution or other organization that receives assistance pursuant to this subchapter shall not be deemed to be an agency, department, or instrumentality of the United States.
(k)Transition period
(1)In general
During the transition period, the Secretary of the Treasury may—
(A)assist in the establishment of the administrative functions of the Fund listed in paragraph (2); and
(B)hire not more than 6 individuals to serve as employees of the Fund during the transition period.
(2)Continued service
Individuals hired in accordance with paragraph (1)(B) may continue to serve as employees of the Fund after the transition period.
(3)Administrative functions
The administrative functions referred to in paragraph (1)(A) shall be limited to—
(A)establishing accounting, information, and recordkeeping systems for the Fund; and
(B)procuring office space, equipment, and supplies.
(4)Expedited hiring
During the transition period, the Secretary of the Treasury may—
(A)appoint and terminate the individuals referred to in paragraph (1)(B) without regard to the civil service laws and regulations; and
(B)fix the compensation of the individuals referred to in paragraph (1)(B) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title.
(5)Certain employees
During the transition period, employees of the Department of the Treasury may only comprise less than one-half of the total number of individuals hired in accordance with paragraph (1)(B).
(6)Transition expenses
Amounts previously appropriated to the Department of the Treasury may be used to pay obligations and expenses of the Fund incurred under this section, and such amounts may be reimbursed by the Fund to the Department of the Treasury from amounts appropriated to the Fund for fiscal year 1995.
(7)“Transition period” defined
For purposes of this subsection, the term “transition period” means the period beginning on September 23, 1994, and ending on the date on which the Administrator is appointed.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section is comprised of section 104 of Pub. L. 103–325. Subsecs. (e) and (i) of section 104 of Pub. L. 103–325 amended section 9101 of Title 31, Money and Finance, and section 5313 of Title 5, Government Organization and Employees, respectively.

Amendments

2022—Subsec. (d)(1). Pub. L. 117–286, § 4(a)(57)(A), substituted “chapter 10 of title 5, except that section 1013 of title 5” for “the Federal Advisory Committee Act, except that section 14 of that Act”. Subsec. (d)(7). Pub. L. 117–286, § 4(a)(57)(B), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.” 2012—Subsec. (b)(1). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end of first sentence.

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that

Effective Date

, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security. Administration of Fund by Secretary of the Treasury Pub. L. 104–134, title I, § 101(e) [title III], Apr. 26, 1996, 110 Stat. 1321–257, 1321–294; renumbered title I, Pub. L. 104–140, § 1(a),
May 2, 1996, 110 Stat. 1327, provided in part: “That notwithstanding any other provision of law, for purposes of administering the Community Development Financial Institutions Fund, the Secretary of the Treasury shall have all powers and rights of the Administrator of the CDBFI Act [12 U.S.C. 4701 et seq.] and the Fund shall be within the Department of the Treasury.” Similar provisions were contained in the following prior appropriations act: Pub. L. 104–19, title I,
July 27, 1995, 109 Stat. 237.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4703

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110