12 USC 4569 - Capital Magnet Fund

U.S Code last checked for updates: May 07, 2024

§ 4569.

Capital Magnet Fund

(a)

Establishment

(b)

Deposits to Trust Fund

The Capital Magnet Fund shall consist of—

(1)

any amounts transferred to the Fund pursuant to section 4567 of this title; and

(2)

any amounts as are or may be appropriated, transferred, or credited to such Fund under any other provisions of law.

(c)

Expenditures from Trust Fund

Amounts in the Capital Magnet Fund shall be available to the Secretary of the Treasury to carry out a competitive grant program to attract private capital for and increase investment in—

(1)

the development, preservation, rehabilitation, or purchase of affordable housing for primarily extremely low-, very low-, and low-income families; and

(2)

economic development activities or community service facilities, such as day care centers, workforce development centers, and health care clinics, which in conjunction with affordable housing activities implement a concerted strategy to stabilize or revitalize a low-income area or underserved rural area.

(d)

Federal assistance

(e)

Eligible grantees

A grant under this section may be made, pursuant to such requirements as the Secretary of the Treasury shall establish for experience and success in attracting private financing and carrying out the types of activities proposed under the application of the grantee, only to—

(1)

a Treasury certified community development financial institution; or

(2)

a nonprofit organization having as 1 of its principal purposes the development or management of affordable housing.

(f)

Eligible uses

Grant amounts awarded from the Capital Magnet Fund pursuant to this section may be used for the purposes described in paragraphs (1) and (2) of subsection (c), including for the following uses:

(1)

To provide loan loss reserves.

(2)

To capitalize a revolving loan fund.

(3)

To capitalize an affordable housing fund.

(4)

To capitalize a fund to support activities described in subsection (c)(2).

(5)

For risk-sharing loans.

(g)

Applications

(1)

In general

(2)

Content of application

The application required under paragraph (1) shall include a detailed description of—

(A)

the types of affordable housing, economic, and community revitalization projects that support or sustain residents of an affordable housing project funded by a grant under this section for which such grant amounts would be used, including the proposed use of eligible grants as authorized under this section;

(B)

the types, sources, and amounts of other funding for such projects; and

(C)

the expected time frame of any grant used for such project.

(h)

Grant limitation

(1)

In general

(2)

Geographic diversity

(A)

Goal

(B)

Diversity defined

For purposes of this paragraph, geographic diversity includes those areas that meet objective criteria of economic distress developed by the Secretary of the Treasury, which may include—

(i)

the percentage of low-income families or the extent of poverty;

(ii)

the rate of unemployment or underemployment;

(iii)

extent of blight and disinvestment;

(iv)

projects that target extremely low-, very low-, and low-income families in or outside a designated economic distress area; or

(v)

any other criteria designated by the Secretary of the Treasury.

(3)

Leverage of funds

(4)

Commitment for use deadline

(5)

Prohibited uses

The Secretary shall, by regulation, set forth prohibited uses of grant amounts awarded under this section, which shall include use for—

(A)

political activities;

(B)

advocacy;

(C)

lobbying, whether directly or through other parties;

(D)

counseling services;

(E)

travel expenses; and

(F)

preparing or providing advice on tax returns;

and for the purposes of this paragraph, the prohibited use of funds for political activities includes influencing the selection, nomination, election, or appointment of one or more candidates to any Federal, State or local office as codified in section 501 of title 26.

(6)

Additional lobbying restrictions

(7)

Prohibition of consideration of use for meeting housing goals or duty to serve

(8)

Accountability of recipients and grantees

(A)

Tracking of funds

The Secretary of the Treasury shall—

(i)

require each grantee to develop and maintain a system to ensure that each recipient of assistance from the Capital Magnet Fund uses such amounts in accordance with this section, the regulations issued under this section, and any requirements or conditions under which such amounts were provided; and

(ii)

establish minimum requirements for agreements, between the grantee and the Capital Magnet Fund, regarding assistance from the Capital Magnet Fund, which shall include—

(I)

appropriate periodic financial and project reporting, record retention, and audit requirements for the duration of the grant to the recipient to ensure compliance with the limitations and requirements of this section and the regulations under this section; and

(II)

any other requirements that the Secretary determines are necessary to ensure appropriate grant administration and compliance.

(B)

Misuse of funds

If the Secretary of the Treasury determines, after reasonable notice and opportunity for hearing, that a grantee has failed to comply substantially with any provision of this section and until the Secretary is satisfied that there is no longer any such failure to comply, the Secretary shall—

(i)

reduce the amount of assistance under this section to the grantee by an amount equal to the amount of Capital Magnet Fund grant amounts which were not used in accordance with this section;

(ii)

require the grantee to repay the Secretary any amount of the Capital Magnet Fund grant amounts which were not used in accordance with this section;

(iii)

limit the availability of assistance under this section to the grantee to activities or recipients not affected by such failure to comply; or

(iv)

terminate any assistance under this section to the grantee.

(i)

Periodic reports

(1)

In general

(2)

Reports available to public

(j)

Regulations

(1)

In general

(2)

Required contents

The regulations issued under this subsection shall include—

(A)

authority for the Secretary to audit, provide for an audit, or otherwise verify an enterprise’s activities, to ensure compliance with this section;

(B)

a requirement that the Secretary ensure that the allocation of each enterprise is audited not less than annually to ensure compliance with this section;

(C)

a requirement that, for the purposes of subparagraphs (A) and (B), any financial statement submitted by a grantee to the Secretary shall be reviewed by an independent certified public accountant in accordance with Statements on Standards for Accounting and Review Services, issued by the American Institute of Certified Public Accountants; and

(D)

requirements for a process for application to, and selection by, the Secretary for activities to be funded with amounts from the Capital Magnet Fund, which shall provide that—

(i)

funds be fairly distributed to urban, suburban, and rural areas; and

(ii)

selection shall be based upon specific criteria, including a prioritization of funding based upon—

(I)

the ability to use such funds to generate additional investments;

(II)

affordable housing need (taking into account the distinct needs of different regions of the country); and

(III)

ability to obligate amounts and undertake activities so funded in a timely manner.

(Pub. L. 102–550, title XIII, § 1339, as added Pub. L. 110–289, div. A, title I, § 1131(b), July 30, 2008, 122 Stat. 2723.)

cite as: 12 USC 4569