Sec. 103. DEFINITIONS
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## SEC. 103 DEFINITIONS **[**[12 U.S.C. 4702](/us/usc/t12/s4702)**]** For purposes of this subtitle, the following definitions shall apply: ####
(1)Administrator The term “**Administrator**” means the Administrator of the Fund appointed under section 104(b). ####
(2)Appropriate federal banking agency The term “**appropriate Federal banking agency**” has the same meaning as in section 3 of the Federal Deposit Insurance Act, 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 2(k) of the Bank Holding Company Act of 1956. ####
(4)Board The term “**Board**” means the Community Development Advisory Board established under section 104(d). ####
(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). #####
(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. ####
(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 3 of the Federal Deposit Insurance Act. ####
(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 104(a). ####
(11)Indian reservation The term “**Indian reservation**” has the same meaning as in section 4(10) of the Indian Child Welfare Act of 1978, 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, 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, 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 101(7) of the Federal Credit Union Act. ####
(15)Insured depository institution The term “**insured depository institution**” has the same meaning as in section 3 of the Federal Deposit Insurance Act. ####
(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 the Internal Revenue Code of 1986. ####
(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 3 of the Federal Deposit Insurance Act. ####
(19)Subsidiary The term “**subsidiary**” has the same meaning as in section 3 of the Federal Deposit Insurance Act, 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 109.
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