12 U.S.C. § 5702 (BANKS AND BANKING)
§ 5702. Federal funds allocated to States
(a) Program established; purpose
There is established the State Small Business Credit Initiative, to be administered by the Secretary. Under the Program, the Secretary shall allocate Federal funds to participating States and make the allocated funds available to the participating States as provided in this section for the uses described in this section.
(b) Allocation formula
(1) In general
Not later than 30 days after September 27, 2010, the Secretary shall allocate Federal funds to participating States so that each State is eligible to receive an amount equal to the average of the respective amounts that the State—
(A) would receive under the 2009 allocation, as determined under paragraph (2); and
(B) would receive under the 2010 allocation, as determined under paragraph (3).
(2) 2009 allocation formula
(A) In general
The Secretary shall determine the 2009 allocation by allocating Federal funds among the States in the proportion that each such State’s 2008 State employment decline bears to the aggregate of the 2008 State employment declines for all States.
(B) Minimum allocation
The Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds.
(C) 2008 state employment decline defined
In this paragraph and with respect to a State, the term “2008 State employment decline” means the excess (if any) of—
(i) the number of individuals employed in such State determined for December 2007; over
(ii) the number of individuals employed in such State determined for December 2008.
(3) 2010 allocation formula
(A) In general
The Secretary shall determine the 2010 allocation by allocating Federal funds among the States in the proportion that each such State’s 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all of the States.
(B) Minimum allocation
The Secretary shall adjust the allocations under subparagraph (A) for each State to the extent necessary to ensure that no State receives less than 0.9 percent of the Federal funds.
(C) 2009 unemployment number defined
In this paragraph and with respect to a State, the term “2009 unemployment number” means the number of individuals within such State who were determined to be unemployed by the Bureau of Labor Statistics for December 2009.
(c) Availability of allocated amount
The amount allocated by the Secretary to each participating State under subsection (b) shall be made available to the State as follows:
(1) Allocated amount generally to be available to State in one-thirds
(A) In general
The Secretary shall—
(i) apportion the participating State’s allocated amount into thirds;
(ii) transfer to the participating State the first ⅓ when the Secretary approves the State for participation under section 5703 of this title; and
(iii) transfer to the participating State each successive ⅓ when the State has certified to the Secretary that it has expended, transferred, or obligated 80 percent of the last transferred ⅓ for Federal contributions to, or for the account of, State programs.
(B) Authority to withhold pending audit
The Secretary may withhold the transfer of any successive ⅓ pending results of a financial audit.
(C) Inspector General audits
(i) In general
The Inspector General of the Department of the Treasury shall carry out an audit of the participating State’s use of allocated Federal funds transferred to the State.
(ii) Recoupment of misused transferred funds required
The allocation agreement between the Secretary and the participating State shall provide that the Secretary shall recoup any allocated Federal funds transferred to the participating State if the results of the an audit include a finding that there was an intentional or reckless misuse of transferred funds by the State.
(iii) Penalty for misstatement
Any participating State that is found to have intentionally misstated any report issued to the Secretary under the Program shall be ineligible to receive any additional funds under the Program. Funds that had been allocated or that would otherwise have been allocated to such participating State shall be paid into the general fund of the Treasury for reduction of the public debt.
(iv) Municipalities
In this subparagraph, the term “participating State” shall include a municipality given special permission to participate in the Program, under section 5703(d) of this title.
(D) Exception
The Secretary may, in the Secretary’s discretion, transfer the full amount of the participating State’s allocated amount to the State in a single transfer if the participating State applies to the Secretary for approval to use the full amount of the allocation as collateral for a qualifying loan or swap funding facility.
(2) Transferred amounts
Each amount transferred to a participating State under this section shall remain available to the State until used by the State as permitted under paragraph (3).
(3) Use of transferred funds
Each participating State may use funds transferred to it under this section only—
(A) for making Federal contributions to, or for the account of, an approved State program;
(B) as collateral for a qualifying loan or swap funding facility;
(C) in the case of the first ⅓ transferred, for paying administrative costs incurred by the State in implementing an approved State program in an amount not to exceed 5 percent of that first ⅓; or
(D) in the case of each successive ⅓ transferred, for paying administrative costs incurred by the State in implementing an approved State program in an amount not to exceed 3 percent of that successive ⅓.
(4) Termination of availability of amounts not transferred within 2 years of participation
Any portion of a participating State’s allocated amount that has not been transferred to the State under this section by the end of the 2-year period beginning on the date that the Secretary approves the State for participation may be deemed by the Secretary to be no longer allocated to the State and no longer available to the State and shall be returned to the General Fund of the Treasury.
(5) Transferred amounts not assistance
The amounts transferred to a participating State under this section shall not be considered assistance for purposes of subtitle V of title 31.
(6) Definitions
In this section—
(A) the term “allocated amount” means the total amount of Federal funds allocated by the Secretary under subsection (b) to the participating State; and
(B) the term “⅓” means—
(i) in the case of the first ⅓ and second ⅓, an amount equal to 33 percent of a participating State’s allocated amount; and
(ii) in the case of the last ⅓, an amount equal to 34 percent of a participating State’s allocated amount.
(Pub. L. 111–240, title III, § 3003, Sept. 27, 2010, 124 Stat. 2570.)