The Consolidated Appropriations Act,
2021, signed into law on December 27, 2020, added Section 104A of
the Community Development Banking and Financial Institutions Act of
1994 (the “Act”). Section 104A authorizes the Secretary of the
Treasury to establish the Emergency Capital Investment Program
(“ECIP” or the “Program”) to support the efforts of low- and
moderate-income community financial institutions to, among other
things, provide loans, grants, and forbearance for small
businesses, minority-owned businesses, and consumers, especially in
low-income and underserved communities, including persistent
poverty counties, that may be disproportionately impacted by the
economic effects of the COVID-19 pandemic by providing direct and
indirect capital investments in low-and moderate-income community
financial institutions.
Pursuant to the Office
of Management and Budget (OMB) procedures established at 5 C.F.R.
§1320.13, the Department of the Treasury (Treasury) requests
emergency processing for the Emergency Capital Investment Program
(“ECIP” or the “Program”) information collection request, revising
OMB Control Number 1505-0267 to include information collection
associated with closing of legal agreements for the Program. The
Consolidated Appropriations Act, 2021, signed into law on December
27, 2020, added Section 104A of the Community Development Banking
and Financial Institutions Act of 1994 (the “Act”). Section 104A
authorizes the Secretary of the Treasury to establish the Program
to support the efforts of low- and moderate-income community
financial institutions to, among other things, provide loans,
grants, and forbearance for small businesses, minority-owned
businesses, and consumers, especially in low-income and underserved
communities, including persistent poverty counties, that may be
disproportionately impacted by the economic effects of the COVID-19
pandemic by providing direct and indirect capital investments in
low-and moderate-income community financial institutions. Due to
the need to make Covid-19 relief investments under the Program as
soon as possible, Treasury requests emergency processing and
approval by January 20, 2022 for the agreements. The agreements
collect information from applicants in two general categories: (1)
administrative information needed to facilitate payments and
notifications and (2) disclosures to Treasury (e.g. litigation or
exceptions to representations and warranties). Participants are the
only parties that can provide information of this type to Treasury.
Treasury intends to publish this form on the Treasury website on or
about January 21, 2022. Based on this publication, Treasury will
provide an opportunity for eligible applicants to review the terms
and conditions of the investments prior to indicating to Treasury
whether the institution intends to participate in the Program.
Treasury requests a waiver from the requirement to publish notice
in the Federal Register seeking public comments on the letter
agreements.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.