
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13823]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                     SUBCHAPTER II--CRIME PREVENTION
 
             Part G--National Community Economic Partnership
 
       subpart 1--community economic partnership investment funds
 
Sec. 13823. Approval of applications


(a) In general

    In evaluating applications submitted under section 13822(b)(2)(B) of 
this title, the Secretary shall ensure that--
        (1) the residents of the target area to be served (as identified 
    under the strategic development plan) would have an income that is 
    less than the median income for the area (as determined by the 
    Secretary);
        (2) the applicant community development corporation possesses 
    the technical and managerial capability necessary to administer a 
    revolving loan fund and has past experience in the development and 
    management of housing, community and economic development programs;
        (3) the applicant community development corporation has provided 
    sufficient evidence of the existence of good working relationships 
    with--
            (A) local businesses and financial institutions, as well as 
        with the community the corporation proposes to serve; and
            (B) local and regional job training programs;

        (4) the applicant community development corporation will target 
    job opportunities that arise from revolving loan fund investments 
    under this subpart so that 75 percent of the jobs retained or 
    created under such investments are provided to--
            (A) individuals with--
                (i) incomes that do not exceed the Federal poverty line; 
            or
                (ii) incomes that do not exceed 80 percent of the median 
            income of the area;

            (B) individuals who are unemployed or underemployed;
            (C) individuals who are participating or have participated 
        in job training programs authorized under the Job Training 
        Partnership Act [29 U.S.C. 1501 et seq.] or title I of the 
        Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] or the 
        Family Support Act of 1988 (Public Law 100-485);
            (D) individuals whose jobs may be retained as a result of 
        the provision of financing available under this subpart; or
            (E) individuals who have historically been underrepresented 
        in the local economy; and

        (5) a representative cross section of applicants are approved, 
    including large and small community development corporations, urban 
    and rural community development corporations and community 
    development corporations representing diverse populations.

(b) Priority

    In determining which application to approve under this subpart the 
Secretary shall give priority to those applicants proposing to serve a 
target area--
        (1) with a median income that does not exceed 80 percent of the 
    median for the area (as determined by the Secretary); and
        (2) with a high rate of unemployment, as determined by the 
    Secretary or in which the population loss is at least 7 percent from 
    April 1, 1980, to April 1, 1990, as reported by the Bureau of the 
    Census.

(Pub. L. 103-322, title III, Sec. 31113, Sept. 13, 1994, 108 Stat. 1883; 
Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(44), 
(f)(35)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-428, 2681-434.)

                    Amendment of Subsection (a)(4)(C)

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(35), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-434, 2681-435, provided that, effective July 1, 2000, 
    subsection (a)(4)(C) of this section is amended by striking ``the 
    Job Training Partnership Act or''.

                       References in Text

    The Job Training Partnership Act, referred to in subsec. (a)(4)(C), 
is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is 
classified generally to chapter 19 (Sec. 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.
    The Workforce Investment Act of 1998, referred to in subsec. 
(a)(4)(C), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. 
Title I of the Act is classified principally to chapter 30 (Sec. 2801 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 9201 of Title 20, 
Education, and Tables.
    The Family Support Act of 1988, referred to in subsec. (a)(4)(C), is 
Pub. L. 100-485, Oct. 13, 1988, 102 Stat. 2343, as amended. For complete 
classification of this Act to the Code, see Short Title of 1988 
Amendments note set out under section 1305 of this title and Tables.


                               Amendments

    1998--Subsec. (a)(4)(C). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(44)], substituted ``authorized under the Job Training 
Partnership Act or title I of the Workforce Investment Act of 1998'' for 
``authorized under the Job Training Partnership Act (29 U.S.C. 1501 et 
seq.)''.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(44)] of Pub. L. 
105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title 
VIII, Sec. 405(f)(35)] of Pub. L. 105-277 effective July 1, 2000, see 
section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, 
set out as a note under section 3502 of Title 5, Government Organization 
and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 13824, 14214 of this title.
