42 U.S.C. § 9804 — Advisory Community Investment Board

Page 7824 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9802 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 provi- sions 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 Pub. L. 97–35, title VI, § 611, Aug. 13, 1981, 95 Stat. 489, provided that: ‘‘This subchapter [subchapter A (§§ 611–633) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, enacting this subchapter] may be cited as the ‘Community Economic Development Act of 1981’.’’ Pub. L. 97–35, title VI, § 635, Aug. 13, 1981, 95 Stat. 499, provided that: ‘‘This subchapter [subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, enacting subchapter II of this chapter] may be cited as the ‘Head Start Act’.’’ Pub. L. 97–35, title VI, subtitle A, ch. 8, subch. C, § 658A(a), as added by Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, and amended by Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 602(2), Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113–186, § 2, Nov. 19, 2014, 128 Stat. 1971, which provided that sub- chapter II–B of this chapter could be cited as the ‘‘Child Care and Development Block Grant Act of 1990’’ and was formerly set out as a note under this section, was transferred to section 9857(a) of this title. Pub. L. 97–35, title VI, subtitle A, ch. 8, subch. D, § 661, formerly subch. C, § 661, Aug. 13, 1981, 95 Stat. 508, as re- numbered by Pub. L. 101–508, title V, § 5082(1), Nov. 5, 1990, 104 Stat. 1388–236, and amended by Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that former sub- chapter III of this chapter could be cited as the ‘‘Follow Through Act’’, prior to repeal by Pub. L. 103–382, title III, § 391(w), Oct. 20, 1994, 108 Stat. 4025. Pub. L. 97–35, title VI, subtitle A, ch. 8, subch. E, § 670H, formerly subch. D, § 670H, as added by Pub. L. 99–425, title III, § 304, Sept. 30, 1986, 100 Stat. 968, renum- bered by Pub. L. 101–508, title V, § 5082(1), Nov. 5, 1990, 104 Stat. 1388–236, and amended by Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that: ‘‘This subchapter [subchapter E (§§ 670A–670H), formerly subchapter D, of chapter 8 of subtitle A of title VI of Pub. L. 97–35, en- acting subchapter IV of this chapter] may be cited as the ‘State Dependent Care Development Grants Act’.’’ Pub. L. 97–35, title VI, subtitle A, ch. 8, subch. F, § 670M, formerly subch. E, § 670M, as added by Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 325, renum- bered by Pub. L. 101–508, title V, § 5082(1), Nov. 5, 1990, 104 Stat. 1388–236, and amended by Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that former subchapter V of this chapter could be cited as the ‘‘Comprehensive Child Development Act’’, prior to repeal by Pub. L. 103–252, title I, § 112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641. INCONSISTENT LAWS SUPERSEDED DURING FISCAL YEARS 1982, 1983, AND 1984 Pub. L. 97–35, title VI, § 601, Aug. 13, 1981, 95 Stat. 483, provided that: ‘‘(a) Any provision of law which is not consistent with the provisions of this subtitle [subtitle A (§§ 601–670) of title VI of Pub. L. 97–35, see Tables for classification] 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 sub- title. ‘‘(b) Notwithstanding any authorization of appropria- tions 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 provi- sions 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 orga- nization for the purpose of this subchapter. (Pub. L. 97–35, title VI, § 613, Aug. 13, 1981, 95 Stat. 489.) § 9803. Repealed. Pub. L. 105–285, title II, § 202(b)(1), Oct. 27, 1998, 112 Stat. 2755 Section, 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, related to source of funds for car- rying out this subchapter. § 9804. Advisory Community Investment Board (a) National Community Investment Board; func- tions, 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 ap- pointed, 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 Invest- ment Board shall meet at the call of the chair- person, but not less often than 3 times each year. The Secretary and the administrator of community economic development programs shall be ex officio members of the Investment Board. (2) The Secretary shall carry out the provi- sions of this subchapter through an appropriate office. (b) Function The Investment Board shall promote coopera- tion between private investors and businesses and community development corporation projects through— (1) advising the Secretary and the commu- nity development corporations on ways to fa- cilitate private investment; (2) advising businesses and other investors of opportunities in community development cor- poration projects; and (3) advising the Secretary, community devel- opment 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 Devel- opment Corporation may establish an advisory Page 7825 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9806 1 See References in Text note below. community investment board composed of not to exceed 15 members who shall be appointed by the governing body after consultation with ap- propriate 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 in- vestors, 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; Pub. L. 105–285, title II, § 202(b)(2), Oct. 27, 1998, 112 Stat. 2755.) Editorial Notes AMENDMENTS 1998—Subsec. (a)(2). Pub. L. 105–285 substituted ‘‘through an appropriate office’’ for ‘‘through the Office of Community Services established in section 9905(a) of this title’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, 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 estab- lished by the Congress, its duration is otherwise pro- vided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. PART A—URBAN AND RURAL SPECIAL IMPACT PROGRAMS § 9805. Statement of purpose The purpose of this part is to establish special programs of assistance to nonprofit private lo- cally initiated community development corpora- tions which (1) are directed to the solution of the critical problems existing in particular com- munities or neighborhoods (defined without re- gard to political or other subdivisions or bound- aries) 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 depend- ency, chronic unemployment, and community deterioration; (3) hold forth the prospect of con- tinuing to have such impact after the termi- nation 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 employ- ment and ownership opportunities for residents of such areas, including those who are disadvan- taged in the labor market because of their lim- ited 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 fi- nancial assistance in the form of grants to non- profit and for profit community development corporations and other affiliated and supportive agencies and organizations associated with qualifying community development corpora- tions 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 de- velopment 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 op- portunities for residents of such areas; and (B) programs for small businesses located in or owned by residents of such areas; (2) community physical development pro- grams, 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 com- plement community development programs fi- nanced under this part, including, without limitation, activities such as the activities de- scribed in title I of the Workforce Investment Act of 1998; 1 and (4) social service programs which support and complement community business and commercial development programs financed under this part, including child care, edu- cational services, health services, credit coun- seling, energy conservation, recreation serv- ices, and programs for the maintenance of housing facilities. (b) The Secretary shall conduct programs as- sisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establish- ment of permanent economic and social benefits in such areas. (Pub. L. 97–35, title VI, § 617, Aug. 13, 1981, 95 Stat. 491; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(40), (f)(31)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427, 2681–434.) Editorial Notes REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (a)(3), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113–128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, ref- erences to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provi-