; and (ii) is compliant with all State interest rate laws. (4) Dividend rate Any preferred stock or other financial instrument issued to the Secretary in exchange for a capital investment under the Program shall carry a dividend or interest rate that does not exceed 1 percent. (5) Restrictions The restrictions described under subsection (c)(3)(A)(ii) shall apply to capital investments and loans made under this subsection. (6) Available amounts In carrying out the Program, the Secretary shall use amounts made available under subsection (b), notwithstanding the limitations on the use of such funds under paragraphs (1) through (4) of such subsection (b). (7) MDI set-aside At least $3,000,000,000 of the direct capital investments and loans made by the Secretary under the Program shall be made to minority depository institutions. (8) Treatment of capital investments In making any capital investment under the Program, the Secretary shall ensure that the terms of the investment are designed to ensure the investment receives Tier 1 capital treatment. (9) Collection of data Notwithstanding the Equal Opportunity Credit Act ( 15 U.S.C. 1691 et seq.)— (A) a community investment institution may collect data described in section 701(a)(1) of that Act ( 15 U.S.C. 1691(a)(1) ) from borrowers and applicants for credit for the purpose of monitoring compliance under the Community Investment Plan required under paragraph (3); and (B) a community investment institution that collects the data described in subparagraph (A) shall not be subject to adverse action related to that collection by the Bureau of Consumer Financial Protection or any other Federal agency. (10) Definitions In this subsection, subsection (j), and subsection (k): (A) Community investment institution The term community investment institution means— (i) a community development financial institution, as defined under section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4702 ); (ii) an impact credit union