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              Congressional
          ~tResear h Service





Consolidated Appropriations Act, 2021 (P.L.

116-260): Emergency Capital Investment

Program



January   5, 2021
The Coronavirus Disease 2019 (COVID-19) pandemic has had devastating economic effects, including a
significant increase in unemployment. Certain studies indicate that low- and moderate-income
communities and minorities have borne this economic hardship to a disproportionately high degree, such
as by being more likely to experience job loss and difficulty paying for necessities. Division N, Title V,
Section 522, of Consolidated Appropriations Act, 2021 (P.L. 116-260), establishes the Emergency Capital
Investment Program (ECIP) through which the Treasury Department can make capital investments in
certain depositories (i.e., banks, savings associations, and credit unions). The purpose of the program is to
increase the availability of credit, grants, and forbearances to groups disproportionately affected by the
pandemic. The program shares certain similarities with previous Treasury capital investment programs.


Emergency Capital Investment Program

Section 522 allows Treasury to make investments in eligible institutions to support their efforts to
provide loans, grants, and forbearance for small businesses, minority-owned businesses, and consumers,
especially in low-income and underserved communities ... that may be disproportionately impacted by
the economic effects of the COVID-19 pandemic. Total investments cannot exceed $9 billion; $4 billion
is set aside for institutions with less than $2 billion in assets, of which $2 billion is set aside for
institutions with less than $500 million. Eligible institutions include depositories that are either (1)
minority depository institutions (i.e., 51% or more owned by individuals who are minorities) or (2) a
Community  Development Financial Institution (CDFI). CDFIs are entities, some of which are not
depositories, certified to receive grants and other assistance from the CDFI Fund established by the Riegle
Community  Development and Regulatory Improvement Act of 1994 (P.L. 103-325) because their
business plans include a focus on fostering economic development in target neighborhoods or groups.
Under ECIP, eligible institutions must submit applications to participate, including information about how
the investments will be used meet the needs of communities disproportionately affected by the pandemic.
The Treasury will purchase capital (e.g., preferred stock or a similar financial instrument) issued by


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