((a)) ** In general** Except as provided in subsection (b), any national bank, any member bank of the Federal Reserve System, and (to the extent permitted under applicable State law) any insured bank that is not a member of such system, may invest in any New Markets Venture Capital company, or in any entity established to invest solely in New Markets Venture Capital companies.

((b)) ** Limitation** No bank described in subsection (a) may make investments described in such subsection that are greater than 5 percent of the capital and surplus of the bank.