12 USC 4702 - Definitions

For purposes of this subchapter, the following definitions shall apply:
(1) Administrator 
The term Administrator means the Administrator of the Fund appointed under section 4703 (b) of this title.
(2) Appropriate Federal banking agency 
The term appropriate Federal banking agency has the same meaning as in section 1813 of this title, and also includes the National Credit Union Administration Board with respect to insured credit unions.
(3) Affiliate 
The term affiliate has the same meaning as in section 1841 (k) of this title.
(4) Board 
The term Board means the Community Development Advisory Board established under section 4703 (d) of this title.

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(5) Community development financial institution 

(A) In general 
The term community development financial institution means a person (other than an individual) that
(i) has a primary mission of promoting community development;
(ii) serves an investment area or targeted population;
(iii) provides development services in conjunction with equity investments or loans, directly or through a subsidiary or affiliate;
(iv) maintains, through representation on its governing board or otherwise, accountability to residents of its investment area or targeted population; and
(v) is not an agency or instrumentality of the United States, or of any State or political subdivision of a State.
(B) Conditions for qualification of holding companies 

(i) Consolidated treatment A depository institution holding company may qualify as a community development financial institution only if the holding company and the subsidiaries and affiliates of the holding company collectively satisfy the requirements of subparagraph (A).
(ii) Exclusion of subsidiary or affiliate for failure to meet consolidated treatment rule No subsidiary or affiliate of a depository institution holding company may qualify as a community development financial institution if the holding company and the subsidiaries and affiliates of the holding company do not collectively meet the requirements of subparagraph (A).

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(C) Conditions for subsidiaries 
No subsidiary of an insured depository institution may qualify as a community development financial institution if the insured depository institution and its subsidiaries do not collectively meet the requirements of subparagraph (A).
(6) Community partner 
The term community partner means a person (other than an individual) that provides loans, equity investments, or development services, including a depository institution holding company, an insured depository institution, an insured credit union, a nonprofit organization, a State or local government agency, a quasi-governmental entity, and an investment company authorized to operate pursuant to the Small Business Investment Act of 1958 [15 U.S.C. 661 et seq.].
(7) Community partnership 
The term community partnership means an agreement between a community development financial institution and a community partner to provide development services, loans, or equity investments, to an investment area or targeted population.
(8) Depository institution holding company 
The term depository institution holding company has the same meaning as in section 1813 of this title.
(9) Development services 
The term development services means activities that promote community development and are integral to lending or investment activities, including
(A) business planning;
(B) financial and credit counseling; and
(C) marketing and management assistance.
(10) Fund 
The term Fund means the Community Development Financial Institutions Fund established under section 4703 (a) of this title.
(11) Indian reservation 
The term Indian reservation has the same meaning as in section 1903 (10) of title 25, and shall include land held by incorporated Native groups, regional corporations, and village corporations, as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], public domain Indian allotments, and former Indian reservations in the State of Oklahoma.
(12) Indian tribe 
The term Indian tribe means any Indian tribe, band, pueblo, nation, or other organized group or community, including any Alaska Native village or regional or village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(13) Insured community development financial institution 
The term insured community development financial institution means any community development financial institution that is an insured depository institution or an insured credit union.
(14) Insured credit union 
The term insured credit union has the same meaning as in section 1752 (7) of this title.
(15) Insured depository institution 
The term insured depository institution has the same meaning as in section 1813 of this title.
(16) Investment area 
The term investment area means a geographic area (or areas) including an Indian reservation that
(A) 
(i) meets objective criteria of economic distress developed by the Fund, which may include the percentage of low-income families or the extent of poverty, the rate of unemployment or underemployment, rural population outmigration, lag in population growth, and extent of blight and disinvestment; and
(ii) has significant unmet needs for loans or equity investments; or
(B) encompasses or is located in an empowerment zone or enterprise community designated under section 1391 of title 26.
(17) Low-income 
The term low-income means having an income, adjusted for family size, of not more than
(A) for metropolitan areas, 80 percent of the area median income; and
(B) for nonmetropolitan areas, the greater of
(i) 80 percent of the area median income; or
(ii) 80 percent of the statewide nonmetropolitan area median income.
(18) State 
The term State has the same meaning as in section 1813 of this title.
(19) Subsidiary 
The term subsidiary has the same meaning as in section 1813 of this title, except that a community development financial institution that is a corporation shall not be considered to be a subsidiary of any insured depository institution or depository institution holding company that controls less than 25 percent of any class of the voting shares of such corporation, and does not otherwise control in any manner the election of a majority of the directors of the corporation.
(20) Targeted population 
The term targeted population means individuals, or an identifiable group of individuals, including an Indian tribe, who
(A) are low-income persons; or
(B) otherwise lack adequate access to loans or equity investments.
(21) Training program 
The term training program means the training program operated by the Fund under section 4708 of this title.