Title 12 — Banks and Banking
Chapter 47 — Community Development Banking
§ 4716. Studies and reports; examination and audit
Statutory text
Annual report by Fund
The Fund shall conduct an annual evaluation of the activities carried out by the Fund and the community development financial institutions and other organizations assisted pursuant to this subchapter, and shall submit a report of its findings to the President and the Congress not later than 120 days after the end of each fiscal year of the Fund. The report shall include financial statements audited in accordance with subsection (f).
Optional studies
The Fund may conduct such studies as the Fund determines necessary to further the purpose of this subchapter and to facilitate investment in distressed communities. The findings of any studies conducted pursuant to this subsection shall be included in the report required by subsection (a).
Native American lending study
In general
The Fund shall conduct a study on lending and investment practices on Indian reservations and other land held in trust by the United States. Such study shall—
identify barriers to private financing on such lands; and
identify the impact of such barriers on access to capital and credit for Native American populations.
Report
Not later than 12 months after the date on which the Administrator is appointed, the Fund shall submit a report to the President and the Congress that—
contains the findings of the study conducted under paragraph (1);
recommends any necessary statutory and regulatory changes to existing Federal programs; and
makes policy recommendations for community development financial institutions, insured depository institutions, secondary market institutions, and other private sector capital institutions to better serve such populations.
Investment, governance, and role of Fund
Thirty months after the appointment and qualification of the Administrator, the Comptroller General of the United States shall submit to the President and the Congress a study evaluating the structure, governance, and performance of the Fund.
Consultation
In the conduct of the studies required under this section, the Fund shall consult, as appropriate, with the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Federal Housing Finance Agency, the Farm Credit Administration, the Director of the Office of Thrift Supervision, the National Credit Union Administration Board, Indian tribal governments, community reinvestment organizations, civil rights organizations, consumer organizations, financial organizations, and such representatives of agencies or other persons, at the discretion of the Fund.
Examination and audit
The financial statements of the Fund shall be audited in accordance with section 9105 of title 31, except that audits required by section 9105(a) of such title shall be performed annually.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Community Development Banking and Financial Institutions Act of 1994
Pub. L. 103–325 title I § 117 · 108 Stat. 2160
Enacted · 12 U.S.C. § 4716
Pub. L. 103–325, title I, § 117, Sept. 23, 1994, 108 Stat. 2187
Source evidence
Code source credit
Pub. L. 103–325, title I, § 117, Sept. 23, 1994, 108 Stat. 2187Enacted provision · exact public law section
SEC. 117. STUDIES AND REPORTS: EXAMINATION AND AUDIT. (a) Annual Report by the Fund.— The Fund shall conduct an annual evaluation of the activities carried out by the Fund and the community development financial institutions and other organizations assisted pursuant to this subtitle, and shall submit a report of its findings to the President and the Congress not later than 120 days after the end of each fiscal year of the Fund. The report shall include financial statements audited in accordance with subsection (f). (b) Optional Studies.— The Fund may conduct such studies as the Fund determines necessary to further the purpose of this subtitle and to facilitate investment in distressed communities. The findings of any studies conducted pursuant to this subsection shall be included in the report required by subsection (a). (c) Native American Lending Study.— (1) In general.— The Fund shall conduct a study on lending and investment practices on Indian reservations and other land held in trust by the United States. Such study shall— (A) identify barriers to private financing on such lands; and (B) identify the impact of such barriers on access to capital and credit for Native American populations. (2) Report.— Not later than 12 months after the date on which the Administrator is appointed, the Fund shall submit a report to the President and the Congress that— (A) contains the findings of the study conducted under paragraph (1); (B) recommends any necessary statutory and regulatory changes to existing Federal programs; and (C) makes policy recommendations for community development financial institutions, insured depository institutions, secondary market institutions, and other private sector capital institutions to better serve such populations. (d) Investment, Governance, and Role of Fund.— Thirty months after the appointment and qualification of the Administrator, the Comptroller General of the United States shall submit to the President and the Congress a study evaluating the structure, governance, and performance of the Fund. (e) Consultation.— In the conduct of the studies required under this section, the Fund shall consult, as appropriate, with the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Federal Housing Finance Board, the Farm Credit Administration, the Director of the Office of Thrift Supervision, the National Credit Union Administration Board, Indian tribal governments, community reinvestment organizations, civil rights organizations, consumer organizations, financial organizations, and such representatives of agencies or other persons, at the discretion of the Fund. (f) Examination and Audit.— The financial statements of the Fund shall be audited in accordance with section 9105 of title 31, United States Code, except that audits required by section 9105(a) of such title shall be performed annually.Federal Housing Finance Regulatory Reform Act of 2008
Pub. L. 110–289 div. A title II § 1216(b) · 122 Stat. 2654
Substituted · 12 U.S.C. § 4716(e)
Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.Enacted provision · exact public law section
(b) Riegle Community Development and Regulatory Improvement Act of 1994.— Section 117(e) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4716(e)) is amended by striking “Federal Housing Finance Board” and inserting “Federal Housing Finance Agency”.
2 of 2 references resolved to an enrolled provision
Editorial Notes
Amendments
2008—Subsec. (e). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.
Credits
1994–2008 · 2 acts
- 1994Pub. L. 103–325, title I, § 117, , 108 Stat. 2187
- 2008Pub. L. 110–289, div. A, title II, § 1216(b), , 122 Stat. 2792.
Show as published
(Pub. L. 103–325, title I, § 117, , 108 Stat. 2187; Pub. L. 110–289, div. A, title II, § 1216(b), , 122 Stat. 2792.)