Page:United States Statutes at Large Volume 108 Part 3.djvu/412

 108 STAT. 2164 PUBLIC LAW 103-325—SEPT. 23, 1994 (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

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