Page:United States Statutes at Large Volume 124.djvu/2613

 124 STAT. 2587 PUBLIC LAW 111–240—SEPT. 27, 2010 financial instruments from the top-tier bank holding com- pany or savings and loan holding company of such eligible institution, as applicable. For purposes of this subpara- graph, the term ‘‘control’’ with respect to a bank holding company shall have the same meaning as in section 2(a)(2) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(2)(a)(2)). For purposes of this subparagraph, the term ‘‘control’’ with respect to a savings and loan holding com- pany shall have the same meaning as in 10(a)(2) of the Home Owners’ Loan Act (12 U.S.C. 1467a(a)(2)). (E) REQUIREMENT TO PROVIDE A SMALL BUSINESS LENDING PLAN.—At the time that an applicant submits an application to the Secretary for a capital investment under the Program, the applicant shall deliver to the appro- priate Federal banking agency, and, for applicants that are State-chartered banks, to the appropriate State banking regulator, a small business lending plan describing how the applicant’s business strategy and operating goals will allow it to address the needs of small businesses in the areas it serves, as well as a plan to provide linguistically and culturally appropriate outreach, where appropriate. In the case of eligible institutions that are community development loan funds, this plan shall be submitted to the Secretary. This plan shall be confidential supervisory information. (F) TREATMENT OF APPLICANTS THAT ARE COMMUNITY DEVELOPMENT LOAN FUNDS.—Eligible institutions that are community development loan funds may apply to receive a capital investment from the Fund in an amount not exceeding 5 percent of total assets, as reported in the audited financial statements for the fiscal year of the eligible institution that ends in calendar year 2009. (2) CONSULTATION WITH REGULATORS.—For each eligible institution that applies to receive a capital investment under the Program, the Secretary shall— (A) consult with the appropriate Federal banking agency or, in the case of an eligible institution that is a nondepository community development financial institu- tion, the Community Development Financial Institution Fund, for the eligible institution, to determine whether the eligible institution may receive such capital investment; (B) in the case of an eligible institution that is a State-chartered bank, consider any views received from the State banking regulator of the State of the eligible institution regarding the financial condition of the eligible institution; and (C) in the case of a community development financial institution loan fund, consult with the Community Develop- ment Financial Institution Fund. (3) CONSIDERATION OF MATCHED PRIVATE INVESTMENTS.— (A) IN GENERAL.—For an eligible institution that applies to receive a capital investment under the Program, if the entity to be consulted under paragraph (2) would not otherwise recommend the eligible institution to receive the capital investment, the Secretary, in consultation with the entity to be so consulted, may consider whether the Confidentiality.