Page:United States Statutes at Large Volume 108 Part 3.djvu/452

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

108 STAT. 2204 PUBLIC LAW 103-325—SEPT. 23, 1994 (4) commercial banks and other depository institutions have various incentives to minimize their risk in financing small business concerns; (5) as a result of such incentives, many small business concerns with economically sound financing needs are unable to obtain access to needed debt capital; (6) the small business capital access programs implemented by certain States are a flexible and efficient tool to assist financial institutions in providing access to needed debt capital for many small business concerns in a manner consistent with safety and soundness regulations; (7) a small business capital access program would complement other programs which assist small business concerns in obtaining access to capital; and (8) Federal policy can stimulate and accelerate efforts by States to implement small business capital access programs by providing an incentive to States, while leaving the administration of such programs to each participating State. (b) PURPOSES. —By encouraging States to implement administratively efficient capital access programs that encourage commercial banks and other depository institutions to provide access to debt capital for a broad portfolio of small business concerns, and thereby promote a more efficient and effective debt market, the purposes of this subtitle are— (1) to promote economic opportunity and growth; (2) to create jobs; (3) to promote economic efficiency; (4) to enhance productivity; and ,,, (5) to spur innovation. 12 USC 4742. SEC. 252. DEFINITIONS. For purposes of this subtitle— (1) the term "Fund" means the Community Development Financial Institutions Fund established under section 104; (2) the term "appropriate Federal banking agency"— (A) has the same meaning as in section 3 of the Federal Deposit Insurance Act; and (B) includes the National Credit Union Administration Board in the case of any credit union the deposits of which are insured in accordance with the Federal Credit Union Act; (3) the term "early loan" means a loan enrolled at a time when the aggregate covered amount of loans previously enrolled under the Program by a particular participating financial institution is less than $5,000,000; (4) the term "enrolled loan" means a loan made by a participating financial institution that is enrolled by a participating State in accordance with this subtitle; (5) the term "financial institution" means any federally chartered or State-chartered commercial bank, savings association, savings bank, or credit union; (6) the term "participating financial institution" means any financial institution that has entered into a participation agreement with a participating State in accordance with section 254;