Title 12, Banks and BankingRelease 119-110

§4713 Incentives for Depository Institution Participation

Title 12 › CHAPTER 47 — COMMUNITY DEVELOPMENT BANKING › SUBCHAPTER I — COMMUNITY DEVELOPMENT BANKING AND FINANCIAL INSTITUTIONS › § 4713

Last updated Sep 22, 2026|Official source

Summary

The Administrator of the Fund must use the money and run this program. The Administrator must work with the Federal banking agencies, the National Credit Union Administration, two officials named in another law, and any other appropriate representatives of insured banks. The Administrator gets many of the same powers and duties given to the Community Enterprise Assessment Credit Board under section 233 of the Bank Enterprise Act of 1991. That means the Administrator can decide which distressed communities qualify, set the amount of assessment credits, give out those credits, and issue rules and guidelines. Some specific parts of the Bank Enterprise Act and the Federal Deposit Insurance Act do not apply to the Administrator. New lifeline accounts provided by banks count as qualifying activity. The rules set how to calculate credit amounts: for certain activities a bank that is not a community development financial institution (CDFI) gets a 5% credit and a CDFI gets a 15% credit, and for other listed activities the credit is 15%. The Administrator can give credits yearly instead of every six months and must widely share information about the program. A few wording changes in the Bank Enterprise Act are applied here for these calculations and designations.

Full Legal Text

Title 12, §4713

Banks and Banking, Source: USLM XML via OLRC

(a)Function of Administrator (b) Provisions relating to administration of this section
(1)In general
Of any funds appropriated pursuant to the authorization in section 4718(a) of this title, the funds made available for use in carrying out this section in accordance with section 4718(a)(4) of this title shall be administered by the Administrator of the Fund, in consultation with—
(A)the Federal banking agencies (as defined in section 3 of the Federal Deposit Insurance Act [12 U.S.C. 1813]) and the National Credit Union Administration;
(B)the individuals named pursuant to clauses (ii) and (iv) of section 4703(d)(2)(G) of this title; and
(C)any other representatives of insured depository institutions or other persons as the Administrator may determine to be appropriate.
(2)Applicability of Bank Enterprise Act of 1991
Subject to subsection (b) and the consultation requirement of paragraph (1)—
(A)section 233 of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a] shall be applicable to the Administrator, for purposes of this section, in the same manner and to the same extent that such section is applicable to the Community Enterprise Assessment Credit Board;
(B)the Administrator shall, for purposes of carrying out this section and section 233 of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a]—
(i)have all powers and rights of the Community Enterprise Assessment Credit Board under section 233 of the Bank Enterprise Act of 1991 to administer and enforce any provision of such section 233 which is applicable to the Administrator under this section; and
(ii)shall be subject to the same duties and restrictions imposed on the Community Enterprise Assessment Credit Board; and
(C)the Administrator shall—
(i)have all powers and rights of an appropriate Federal banking agency under section 233(b)(2) of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a(b)(2)] to approve or disapprove the designation of qualified distressed communities for purposes of this section and provide information and assistance with respect to any such designation; and
(ii)shall be subject to the same duties imposed on the appropriate Federal banking agencies under such section 233(b)(2).
(3)Awards
The Administrator shall determine the amount of assessment credits, and shall make awards of those credits.
(4)Regulations and guidelines
The Administrator may prescribe such regulations and issue such guidelines as the Administrator determines to be appropriate to carry out this section.
(5)Exceptions to applicability
Notwithstanding paragraphs (1) through (4) of this subsection, subsections (a)(1) and (e)(2) of section 233 of the Bank Enterprise Act of 1991 [12 U.S.C. 1834a(a)(1), (e)(2)], and any other provision of the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] relating to the Bank Enterprise Act of 1991, do not apply to the Administrator for purposes of this subchapter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Bank Enterprise Act of 1991, referred to in subsecs. (a)(2), (5) and (b)(6), is subtitle C (§§ 231–234) of title II of Pub. L. 102–242, Dec. 19, 1991, 105 Stat. 2308–2315, which enacted sections 1834 to 1834b of this title, amended section 1817 of this title, and enacted provisions set out as a note under section 1811 of this title. For complete classification of this Act to the Code, see

Short Title

of 1991 Amendment note set out under section 1811 of this title and Tables. The Federal Deposit Insurance Act, referred to in subsec. (a)(5), is act Sept. 21, 1950, ch. 967, § 2, 64 Stat. 873, which is classified generally to chapter 16 (§ 1811 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1811 of this title and Tables. Codification Section is comprised of section 114 of Pub. L. 103–325. Subsec. (c) of section 114 of Pub. L. 103–325 amended section 1834a of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4713

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110