Page:United States Statutes at Large Volume 114 Part 5.djvu/694

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114 STAT. 2763A-654 PUBLIC LAW 106-554—APPENDIX H "(i) the poverty rate for that census tract is not less than 20 percent; "(ii) in the case of a tract— "(I) that is located within a metropolitan area, 50 percent or more of the households in that census tract have an income equal to less than 60 percent of the area median gross income; or "(II) that is not located within a metropolitan area, the median household income for such tract does not exceed 80 percent of the statewide median household income; or "(iii) as determined by the Administrator based on objective criteria, a substantial population of lowincome individuals reside, an inadequate access to investment capital exists, or other indications of economic distress exist in that census tract; or "(B) any area located within— "(i) a HUBZone (as defined in section 3(p) of the Small Business Act and the implementing regulations issued under that section); "(ii) an urban empowerment zone or urban enterprise community (as designated by the Secretary of Housing and Urban Development); or "(iii) a rural empowerment zone or rural enterprise community (as designated by the Secretary of Agriculture). "(4) NEW MARKETS VENTURE CAPITAL COMPANY. —The term 'New Markets Venture Capital company' means a company that— "(A) has been granted final approval by the Administrator under section 354(e); and "(B) has entered into a participation agreement with the Administrator. "(5) OPERATIONAL ASSISTANCE.—The term 'operational assistance' means management, marketing, and other technical assistance that assists a small business concern with business development. "(6) PARTICIPATION AGREEMENT.—The term 'participation agreement' means an agreement, between the Administrator and a company granted final approval under section 354(e), that— "(A) details the company's operating plan and investment criteria; and "(B) requires the company to make investments in smaller enterprises at least 80 percent of which are located in low-income geographic areas. "(7) SPECL^IZED SMALL BUSINESS INVESTMENT COMPANY. — The term 'specialized small business investment company* means any small business investment company that— "(A) invests solely in small business concerns that contribute to a well-balanced national economy by facilitating ownership in such concerns by persons whose participation in the free enterprise system is hampered because of social or economic disadvantages; "(B) is organized or chartered under State business or nonprofit corporations statutes, or formed as a limited partnership; and