TRANSFER OF FUNCTIONS For transfer of certain functions from the Nuclear Regulatory Commission to the Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 9708. Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this chapter such sums as may be authorized by legislation hereafter enacted. (Pub. L. 96-567, § 9, Dec. 22, 1980, 94 Stat. 3333.) Sec. 9815. 9816. 9817. 9818. 9819. CHAPTER 105-COMMUNITY SERVICES PROGRAMS 9820. SUBCHAPTER I-COMMUNITY ECONOMIC DEVELOPMENT 9821. 9831. 9832. 9833. 9834. (b) Function. 9835. (c) Local advisory community invest "Community development corporation" defined. ment boards; establishment, composition, etc. PART A-URBAN AND RURAL SPECIAL IMPACT PROGRAMS Establishment and scope of programs. (b) Technical assistance to community Small Business Administration and Depart- Department of Housing and Urban Develop- Department of Agriculture and Farmers Evaluation of programs; implementation and Nondiscrimination provisions. 9822. Availability of certain appropriated funds. SUBCHAPTER II-HEAD START PROGRAMS Statement of purpose and policy. Definitions. 9836. (f) Involvement of parents and area residents in selection of agencies. Powers and functions of Head Start agencies. (a) Receipt, administration, and transfer of funds; sponsorship of projects; delegation of authority, etc. (b) Participation of parents in decisionmaking, implementation, etc. (c) Coordination with other agencies. Submission of plans to Governors. Administrative requirements and standards. (a) Employment practices, nonpartisanship, staff accountability, public access to information, etc. (b) Development and costs of programs. administrative (c) Rules and regulations; special or simplified requirements for small agencies; common or joint use of facilities. (d) Publication and notification of proposed rules, etc. Participation in Head Start programs. (a) Criteria for eligibility (b) Establishment of fee schedule or charging of fees; payment by families willing and able to pay (a) Modification of interest rates. 9840. 9813. (b) Assignment of certain loan contracts. Model Community Economic Development Finance Corporation; establishment; functions. (c) Availability of more than one year of services; children eligible Appeals, notice, and hearing. Technical assistance and training. ping condition as basis for denial of financial assistance. DEVELOPMENT PROGRAM (a) Enhancement of physical, social, emotional, and intellectual development of low-income children; operating grants; contracts; considerations concerning eligible agency. (b) Planning grants; limitation; applica- (c) Supportive services for low-income (e) Evaluation of projects. (f) Report to Congress on evaluation. Limitation. Applicability of certain rules and regulations. Continuing evaluation of projects. (a) Effectiveness in achieving goals. (b) Persons authorized to conduct. (c) Independent evaluations. General administration. Definitions. Authorization of appropriations. SUBCHAPTER I-COMMUNITY ECONOMIC DEVELOPMENT SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 4953, 9910 of this title. § 9801. Statement of purpose The purpose of this subchapter is to encourage the development of special programs by which the residents of urban and rural low income areas may, through self-help and mobilization of the community at large, with appropriate Federal assistance, improve the quality of their economic and social participation in community life in such a way as to contribute to the elimination of poverty and the establishment of permanent economic and social benefits. (Pub. L. 97-35, title VI, § 612, Aug. 13, 1981, 95 Stat. 489.) SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-297, title II, § 2501, Apr. 28, 1988, 102 Stat. 325, provided that: "This part [part E (§§ 2501-2504) of title II of Pub. L. 100-297, enacting subchapter V of this chapter, amending section 9833 of this title, and enacting provisions set out as notes under this section and section 9881 of this title) may be cited as the 'Comprehensive Child Development Centers Act of 1988'." SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-425, § 1, Sept. 30, 1986, 100 Stat. 966, provided: "That this Act [enacting sections 8628a, 9812a, 9910b, and 10901 to 10905 of this title, amending sections 8621, 8623, 8624, 8629, 9803, 9834, 9835, 9837, 9840, 9862, 9867, 9871, 9874, 9877, 9901 to 9904, 9905a, 9908 to 9910, and 9910a of this title and section 4033 of Title 20, Education, enacting provisions set out as notes under this section and sections 8621, 8623, and 10901 of this title, and amending provisions set out as notes under section 9861 of this title and section 1932 of Title 7, Agriculture] may be cited as the 'Human Services Reauthorization Act of 1986'." SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-558, § 1, Oct. 30, 1984, 98 Stat. 2878, provided: "That this Act [enacting sections 9871 to 9877, 9905a, and 9910a of this title and sections 1070d-31 to 1070d-41, 1119d to 1119d-8, 1119e to 1119e-5, and 4201 to 4206 of Title 20, Education, amending sections 2991b, 2992b to 2992d, 6862, 6865, 8621 to 8624, 8626, 8627, 8629, 9832, 9834 to 9836, 9840, 9843, 9844, 9846, 9862, 9901, 9902, 9904, 9908, and 9910 of this title and section 4061 of Title 20, enacting provisions set out as notes under sections 2991, 8621, and 9904 of this title, and amending provisions set out as a note under section 9861 of this title] may be cited as the 'Human Services Reauthorization Act'." SHORT TITLE Section 611 of subchapter A (§§ 611-633) of chapter 8 of subtitle A of title VI of Pub. L. 97-35 provided that: "This subchapter [enacting this subchapter] may be cited as the 'Community Economic Development Act of 1981'." Section 635 of subchapter B (§§ 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35 provided that: "This subchapter [enacting subchapter II of this chapter] may be cited as the 'Head Start Act'." Section 661 of subchapter C (§§ 661-670) of chapter 8 of subtitle A of title VI of Pub. L. 97-35 provided that: "This subchapter [enacting subchapter III of this chapter] may be cited as the 'Follow Through Act." Section 670H of subchapter D (§§ 670A-670H) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 99-425, title III, § 304, Sept. 30, 1986, 100 Stat. 968, provided that: "This subchapter [enacting subchapter IV of this chapter] may be cited as the 'State Dependent Care Development Grants Act'." Section 670M of subchapter E (§§ 670M-670T) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 100-297, title II, § 2503, Apr. 28, 1988, 102 Stat. 325, provided that: "This subchapter [enacting subchapter V of this chapter] may be cited as the 'Comprehensive Child Development Act'." INCONSISTENT LAWS SUPERSEDED DURING FISCAL YEARS 1982, 1983, AND 1984 Section 601 of subtitle A (§§ 601-670) of title VI of Pub. L. 97-35 provided that: "(a) Any provision of law which is not consistent with the provisions of this subtitle hereby is superseded and shall have only such force and effect during each of the fiscal years 1982, 1983, and 1984 which is consistent with this subtitle. "(b) Notwithstanding any authorization of appropriations for fiscal year 1982, 1983, or 1984 contained in any provision of law which is specified in this subtitle, no funds are authorized to be appropriated in excess of the limitations imposed upon appropriations by the provisions of this subtitle." § 9802. "Community development corporation" defined For purposes of this subchapter, the term "community development corporation" means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A and any organization more than 50 percent of which is owned by such an organization, or otherwise controlled by such an organization, or designated by such an organization for the purpose of this subchapter. (Pub. L. 97-35, title VI, § 613, Aug. 13, 1981, 95 Stat. 489.) § 9803. Source of funds The Secretary is authorized to use funds made available to the Secretary under section 9910(c) of this title for purposes of carrying out the provisions of this subchapter. (Pub. L. 97-35, title VI, § 614, Aug. 13, 1981, 95 Stat. 489; Pub. L. 99-425, title IV, § 405(c)(3), Sept. 30, 1986, 100 Stat. 970.) AMENDMENTS 1986-Pub. L. 99-425 substituted "9910(c)" for "9910(b)". EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99-425, set out as a note under section 8621 of this title. § 9804. Advisory Community Investment Board (a) National Community Investment Board; functions, composition, etc. (1) The President is authorized to establish a National Advisory Community Investment Board (hereinafter in this section referred to as the "Investment Board"). Such Investment Board shall be composed of 15 members appointed, for staggered terms and without regard to the civil service laws, by the President, in consultation with the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the "Secretary”). Such members shall be representative of the investment and business communities and appropriate fields of endeavor related to this subchapter. The Investment Board shall meet at the call of the chairperson, but not less often than 3 times each year. The Secretary and the administrator of community economic develop ment programs shall be ex officio members of the Investment Board. (2) The Secretary shall carry out the provisions of this subchapter through the Office of Community Services established in section 9905(a) of this title. (b) Function The Investment Board shall promote cooperation between private investors and businesses and community development corporation projects through (1) advising the Secretary and the community development corporations on ways to facilitate private investment; (2) advising businesses and other investors of opportunities in community development corporation projects; and (3) advising the Secretary, community development corporations, and private investors and businesses of ways in which they might engage in mutually beneficial efforts. (c) Local advisory community investment boards; establishment, composition, etc. The governing body of each Community Development Corporation may establish an advisory community investment board composed of not to exceed 15 members who shall be appointed by the governing body after consultation with appropriate local officials. Each such board shall promote cooperation between private investors and businesses and the governing body of the Community Development Corporation through— (1) advising the governing body on ways to facilitate private investors; (2) advising businesses and other investors of opportunities in Community Development Corporation projects; and (3) advising the governing body, private investors, and businesses of ways in which they might engage in mutually beneficial efforts. (Pub. L. 97-35, title VI, § 615, Aug. 13, 1981, 95 Stat. 489.) REFERENCES IN TEXT The civil service laws, referred to in subsec. (a)(1), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. PART A-URBAN AND RURAL SPECIAL IMPACT PROGRAMS PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 9802, 9819 of this title. § 9805. Statement of purpose The purpose of this part is to establish special programs of assistance to nonprofit private locally initiated community development corporations which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantial numbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration; (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this part; and (4) provide financial and other assistance to start, expand, or locate enterprises in or near the area to be served so as to provide employment and ownership opportunities for residents of such areas, including those who are disadvantaged in the labor market because of their limited speaking, reading, and writing abilities in the English language. (Pub. L. 97-35, title VI, § 616, Aug. 13, 1981, 95 Stat. 490.) § 9806. Establishment and scope of programs (a) The Secretary is authorized to provide financial assistance in the form of grants to nonprofit and for profit community development corporations and other affiliated and supportive agencies and organizations associated with qualifying community development corporations for the payment of all or part of the cost of programs which are designed to carry out the purposes of this part. Financial assistance shall be provided so that each community economic development program is of sufficient size, scope, and duration to have an appreciable impact on the area served. Such programs may include (1) community business and commercial development programs, including (A) programs which provide financial and other assistance (including equity capital) to start, expand, or locate businesses in or near the area served so as to provide employment and ownership opportunities for residents of such areas; and (B) programs for small businesses located in or owned by residents of such areas; (2) community physical development programs, including industrial parks and housing activities, which contribute to an improved environment and which create new training, employment and ownership opportunities for residents of such area; (3) training and public service employment programs and related services for unemployed or low-income persons which support and complement community development programs financed under this part, including, without limitation, activities such as those described in the Job Training Partnership Act [29 U.S.C. 1501 et seq.]; and (4) social service programs which support and complement community business and commercial development programs financed under this part, including child care, educational services, health services, credit counseling, energy conservation, recreation services, and programs for the maintenance of housing facilities. (b) The Secretary shall conduct programs assisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establishment of permanent economic and social benefits in such areas. (Pub. L. 97-35, title VI, § 617, Aug. 13, 1981, 95 Stat. 491; Pub. L. 97-300, title I, § 183, Oct. 13, 1982, 96 Stat. 1357.) REFERENCES IN TEXT The Job Training Partnership Act, referred to in subsec. (a)(3), is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is classified generally to chapter 19 (§ 1501 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of Title 29 and Tables. CODIFICATION In subsec. (a)(3), “Job Training Partnership Act [29 U.S.C. 1501 et seq.]" was substituted for "Comprehensive Employment and Training Act [29 U.S.C. 801 et seq.]" pursuant to section 183 of the Job Training Partnership Act, Pub. L. 97-300, title I, Oct. 13, 1982, 96 Stat. 1357, which is classified to section 1592 of Title 29, Labor, and which provided in part that references in any other statute to the Comprehensive Employment and Training Act shall be deemed to refer to the Job Training Partnership Act. § 9807. Financial assistance requirements (a) Conditions The Secretary, under such regulations as the Secretary may establish, shall not provide financial assistance for any community economic development program under this part unless the Secretary determines that (1) such community development corporation is responsible to residents of the area served (A) through a governing body not less than 50 percent of the members of which are area residents; and (B) in accordance with such other guidelines as may be established by the Secretary, except that the composition of the governing bodies of organizations owned or controlled by the community development corporation need not be subject to such residency requirement; (2) the program will be appropriately coordinated with local planning under this subchapter with housing and community development programs, with employment and training programs, and with other relevant planning for physical and human resources in the areas served; (3) adequate technical assistance is made available and committed to the programs being supported; (4) such financial assistance will materially further the purposes of this part; (5) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met; (6) all projects and related facilities will, to the maximum feasible extent, be located in the areas served; (7) projects will, where feasible, promote the development of entrepreneurial and management skills and the ownership or participation in ownership of assisted businesses and housing, cooperatively or otherwise, by residents of the area served; (8) projects will be planned and carried out with the fullest possible participation of resident or local businessmen and representatives of financial institutions, including participation through contract, joint venture, partnership, stock ownership or membership on the governing boards or advisory councils of such projects consistent with the self-help purposes of this subchapter; (9) no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship; (10) the program will not result in the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal or other funds in connection with work that would otherwise be performed; (11) the rates of pay for time spent in work training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; (12) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; (13) preference will be given to low-income or economically disadvantaged residents of the areas served in filling jobs and training opportunities; and (14) training programs carried out in connection with projects financed under this part shall be designed wherever feasible to provide those persons who successfully complete such training with skills which are also in demand in communities, neighborhoods, or rural areas other than those for which programs are established under this part. (b) Relocations substantially increasing unemployment Financial assistance under this section shall not be extended to assist in the relocation of establishments from one location to another if such relocation would result in a substantial increase in unemployment in the area of original location. (c) Community economic development program; application; specification of goals Financial assistance for commercial development under this part shall not be extended until the community economic development program that has applied for assistance under this subchapter has specified in some detail its development goals and its development timetable. The Secretary, in providing continued fi |