12 U.S.C. § 252: Credit availability assessment

Not later than 12 months after September 30, 1996 , and once every 60 months thereafter, the Board, in consultation with the Director of the Office of Thrift Supervision, the Comptroller of the Currency, the Board of Directors of the Corporation, the Administrator of the National Credit Union Administration, the Administrator of the Small Business Administration, and the Secretary of Commerce, shall conduct a study and submit a report to the Congress detailing the extent of small business lending by all creditors. the demand for small business credit, including consideration of the impact of economic cycles on the levels of such demand; the availability of credit to small businesses; the range of credit options available to small businesses, such as those available from insured depository institutions and other providers of credit; the types of credit products used to finance small business operations, including the use of traditional loans, leases, lines of credit, home equity loans, credit cards, and other sources of financing; the credit needs of small businesses, including, if appropriate, the extent to which such needs differ, based upon product type, size of business, cash flow requirements, characteristics of ownership or investors, or other aspects of such business; the types of risks to creditors in providing credit to small businesses; and such other factors as the Board deems appropriate. The studies required by this section shall not increase the regulatory or paperwork burden on regulated financial institutions, other sources of small business credit, or small businesses. The Secretary of the Treasury, in consultation with the Federal banking agencies (as defined in section 3(z) of the Federal Deposit Insurance Act [ 12 U.S.C. 1813(z) ]), shall conduct a study of the extent to which credit is being provided to and for small businesses and farms, as a result of this Act [see Tables for classification] and the amendments made by this Act. Before the end of the 5-year period beginning on the date of the enactment of this Act [ Nov. 12, 1999 ], the Secretary, in consultation with the Federal banking agencies, shall submit a report to the Congress on the study conducted pursuant to subsection (a) and shall include such recommendations as the Secretary determines to be appropriate for administrative and legislative action.” The term ‘Appraisal Subcommittee’ means the Appraisal Subcommittee established under section 1011 of the Federal Financial Institutions Examination Council Act of 1978 [ 12 U.S.C. 3310 ] (as in existence on the day before the date of enactment of this Act [ Sept. 30, 1996 ]). The term ‘appropriate Federal banking agency’ has the same meaning as in section 3 of the Federal Deposit Insurance Act [ 12 U.S.C. 1813 ]. The term ‘Board’ means the Board of Governors of the Federal Reserve System. The term ‘Corporation’ means the Federal Deposit Insurance Corporation. The term ‘Council’ means the Financial Institutions Examination Council established under section 1004 of the Federal Financial Institutions Examination Council Act of 1978 [ 12 U.S.C. 3303 ]. The term ‘insured credit union’ has the same meaning as in section 101 of the Federal Credit Union Act [ 12 U.S.C. 1752 ]. The term ‘insured depository institution’ has the same meaning as in section 3 of the Federal Deposit Insurance Act.”