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Volume 98 · 2218

Public Law 98–479

To make technical and conforming amendments in certain laws relating to housing and community development.

Approved October 17, 1984

Statutory text

An Act

To make technical and conforming amendments in certain laws relating to housing and community development.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That this Act may be cited as the “Housing and Community Development Technical Amendments Act of 1984”.

TITLE I— TECHNICAL AND CONFORMING AMENDMENTS TO HOUSING AND URBAN-RURAL RECOVERY ACT OF 1983

Sec. 101. community and neighborhood development and conservation

(a)
(1)

The last sentence of section 102(a)(4) of the Housing

97 Stat. 1159.

42 USC 5302.

and Community Development Act of 1974 is amended—

(A)

by striking out “while its population is included in an urban county for such fiscal year”:

(B)

by striking out “continues” and inserting in lieu thereof “elects”; and

(C)

by striking out “such” the last place it appears and inserting in lieu thereof “an”.

(2)

Section 102(a)(6) of the Housing and Community Development

97 Stat. 1160.

Act of 1974 is amended—

(A)

in the penultimate sentence, by inserting before the period at the end thereof the following: “, except that the provisions of this sentence shall not apply with respect to any county losing its classification as an urban county by reason of the election of any unit of general local government included in such county to have its population excluded under clause (B)(i) of the first sentence or to not renew a cooperation agreement under clause (B)(ii) of such sentence”;

(B)

by inserting before the semicolon at the end of clause (B) of the last sentence the following: “, (excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county”; and

(C)

by inserting before the period at the end of clause (D) of the last sentence the following: “(excluding the population of metropolitan cities therein) in all its unincorporated areas that are not units of general local government and in all units of general local government located within such county”.

(3)

Section 102(a)(20) of the Housing and Community Development

97 Stat. 1160.

Act of 1974 is amended to read as follows:

“(20)
(A)

The terms ‘persons of low and moderate income’ and ‘low- and moderate-income persons’ mean families and individuals whose incomes do not exceed 80 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. The term ‘persons of low income’ means families and individuals whose incomes do not exceed 50 percent of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. The term ‘persons of moderate income’ means families and individuals whose incomes exceed 50 percent, but do not exceed 80 percent, of the median income of the area involved, as determined by the Secretary with adjustments for smaller and larger families. For purposes of such terms, the area involved shall be determined in the same manner as such area is determined for purposes of assistance under section 8 of the United States Housing Act of 1937.

42 USC 1437f

“(B)

The Secretary may establish percentages of median income for any area that are higher or lower than the percentages set forth in subparagraph (A), if the Secretary finds such variations to be necessary because of unusually high or low family incomes in such area.”.

(4)

Section 102(a)(21) of the Housing and Community Development Act of 1974 is amended by striking out “capital or office buildings”

97 Stat. 1160.

42 USC 5302.

and inserting in lieu thereof the following: “capitol or office buildings,”.

(5)

Section 104(a)(2)(E) of the Housing and Community Development Act of 1974 is amended by inserting before the period at the

97 Stat. 1161.

42 USC 5304.

end thereof the following: “or in the method of distribution of such funds”.

(6)

Section 104(b)(5)(B) of the Housing and Community Development Act of 1974 is amended by striking out “low and moderate

97 Stat. 1162.

income who are not persons of very low” and inserting in lieu thereof “moderate”.

(7)

Section 104(d) of the Housing and Community Development Act of 1974 is amended—

97 Stat 1162.

(A)

in the third sentence, by striking out the last comma;

(B)

in the fifth sentence, by inserting “general” before “local” the last place it appears; and

(C)

in the sixth sentence, by inserting “general” before “local”.

(8)
(A)

Section 105(a)(8) of the Housing and Community Development Act of 1974 is amended by inserting “fiscal year 1982 or”

97 Stat. 1163.

42 USC 5305.

before “fiscal year 1983”.

(B)

Section 105(a)(15) of the Housing and Community Development Act of 1974 is amended by striking out “including” and inserting in

97 Stat. 1164.

lieu thereof “and”.

(9)
(A)

Section 105(c)(2) of the Housing and Community Development Act of 1974 is amended by striking out “(B)” and all that

97 Stat. 1164.

follows through “recipient” and inserting in lieu thereof the following: “(B) in any metropolitan city or urban county, the area served by such activity is within the highest quartile of all areas within the jurisdiction of such city or county in terms of the degree of concentration of persons of low and moderate income”.

(B)

The amendment made by subparagraph (A) shall take effect

Effective date.

42 USC 5305 note.

upon the enactment of this Act and shall be implemented through an interim instruction issued by the Secretary of Housing and Urban Development. Not later than June 1, 1985, the Secretary of

Regulations.

Housing and Urban Development shall issue a final regulation regarding the provisions of such amendment.

(10)

Section 106(d)(2)(A) of the Housing and Community Development Act of 1974 is amended—

97 Stat. 1165.

42 USC 5306.

(A)

by striking out “a State that has elected, in such manner and at such time as the Secretary shall prescribe” any place it appears and inserting in lieu thereof “the State”; and

(B)

in clause (i), as such clause may have been amended by subparagraph (A), by striking out “the State” and inserting in lieu thereof the following: “a State that has elected, in such manner and at such time as the Secretary shall prescribe, to distribute such amounts”.

(11)

Section 106(d)(3) of the Housing and Community Development

97 Stat. 1166.

42 USC 5306.

Act of 1974 is amended—

(A)

in the second sentence of subparagraph (A), by inserting after “title” the following: “or section 17(e)(1) of the United States Housing Act of 1937”; and

(B)

in subparagraph (C), by inserting after “104” the following: “or to make the certifications required in subparagraphs (C) and (D) of paragraph (2)”.

(12)

Section 106(d)(5)(D)(ii) of the Housing and Community Development

97 Stat. 1166.

Act of 1974 is amended by striking out “low and moderate income who are not persons of very low” and inserting in lieu thereof “moderate”.

(13)
(A)

Section 112 of the Housing and Community Development

97 Stat. 1168.

42 USC 5312.

Baltimore, Md.

Act of 1974 is amended by striking out subsection (c).

(B)
(i)

Notwithstanding any other provision of law or other requirement, the City of Baltimore in the State of Maryland is authorized to retain any land disposition proceeds from financially closed-out urban renewal projects not paid to the Department of Housing and Urban Development, and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development

42 USC 5301.

Act of 1974. The City of Baltimore shall retain such proceeds in a lump sum and shall be entitled to retain and use all past and future earnings from such proceeds, including any interest.

(ii)

Notwithstanding any other provision of law or other requirement, the City of Denver in the State of Colorado, or its designee, is authorized to receive all funds held by the Denver Urban Renewal Authority from the urban renewal project subject to civil litigation in the case of United States v. Denver Urban Renewal Authority, No. 84–K–67 (D. Colo.), for use as a direct grantee under and in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Denver shall retain such funds in a lump sum and shall be entitled to retain and use all past and future earnings from such funds, including any interest.

(14)

The last sentence of section 810(f) of the Housing and Community

97 Stat. 1170.

12 USC 1706e.

Development Act of 1974 is amended by inserting “, State,” after “government”.

(b)
(1)

Section 110(b) of the Housing and Urban-Rural Recovery Act

97 Stat. 1168.

42 USC 5316 note.

of 1983 is amended by striking out “section” and inserting in lieu thereof “part”.

(2)

Section 123(b)(3) of the Housing and Urban-Rural Recovery Act

97 Stat. 1172.

42 USC 5318 note.

of 1983 is amended by striking out “(a)(4)” each place it appears and inserting in lieu thereof “(a)(1)”.

(3)

Section 123(c) of the Housing and Urban-Rural Recovery Act of 1983 is amended—

(A)

by striking out “(1)” after the subsection designation; and

(B)

by redesignating subparagraphs (A) through (D) as paragraphs (1) through (4), respectively.

Sec. 102. housing assistance programs

(a)
(1)

Section 235(h)(1) of the National Housing Act is

97 Stat. 1194.

12 USC 1715z.

amended—

(A)

in the penultimate sentence, by inserting after “1983,” the first place it appears the following: “utilizing amounts approved in appropriation Acts before the date of the enactment of the Housing and Urban-Rural Recovery Act of 1983,”; and

(B)

in the last sentence, by striking out “November 30, 1983” and inserting in lieu thereof “September 30, 1985”.

(2)

The first sentence of section 236(f)(4) of the National Housing Act is amended by striking out “up to”.

97 Stat. 1187.

12 USC 1715z–1.

97 Stat. 1179.

42 USC 1437a.

(b)
(1)

Section 3(b)(2) of the United States Housing Act of 1937 is amended by adding at the end thereof the following new sentence: “Such ceilings shall be established in consultation with the Secretary of Agriculture for any rural area, as defined in section 520 of the Housing Act of 1949, taking into account the subsidy characteristics

42 USC 1490.

and types of programs to which such ceilings apply.”.

(2)

Section 3(b)(4) of the United States Housing Act of 1937 is

42 USC 1437a.

amended by inserting before the period at the end thereof the following: “, in consultation with the Secretary of Agriculture”.

(3)

Section 3(b)(5)(C) of the United States Housing Act of 1937 is

97 Stat. 1179.

amended to read as follows:

“(C)

the amount by which the aggregate of the following expenses of the family exceeds 3 percent of annual family income: (i) medical expenses for any elderly family; and (ii) reasonable attendant care and auxiliary apparatus expenses for each handicapped member of any family, to the extent necessary to enable any member of such family (including such handicapped member) to be employed; and”.

(4)

Section 6(j) of the United States Housing Act of 1937 is

97 Stat. 1177.

42 USC 1437d.

amended—

(A)

by inserting “, acquisition, or acquisition and rehabilitation” after “construction”; and

(B)

by striking out “large families” and inserting in lieu thereof “families requiring three or more bedrooms”.

(5)

Section 6(m) of the United States Housing Act of 1937 is

97 Stat. 1179.

amended by striking out “hearing” and inserting in lieu thereof “housing”.

(6)

Section 8(d)(2) of the United States Housing Act of 1937 is

97 Stat. 1182.

42 USC 14371.

amended by striking out the last two sentences and inserting in lieu thereof the following: “Where the Secretary enters into an annual contributions contract with a public housing agency pursuant to which the agency will enter into a contract for assistance payments with respect to an existing structure, the contract for assistance payments may not be attached to the structure unless (A) the Secretary and the public housing agency approve such action, and (B) the owner agrees to rehabilitate the structure other than with assistance under this Act and otherwise complies with the requirements of this section.”.

(7)

Section 8(e)(2) of the United States Housing Act of 1937 is

97 Stat. 1183.

amended by adding at the end thereof the following new sentence: “The Secretary shall increase the amount of assistance provided under this paragraph above the amount of assistance otherwise permitted by this paragraph and subsection (c)(1), if the Secretary determines such increase necessary to assist in the sale of multi-family housing projects owned by the Department of Housing and Urban Development ”.

(8)

Section 8(n) of the United States Housing Act of 1937 is amended by striking out “In” and all that follows through “Secretary” and inserting in lieu thereof the following: “In making assistance available under subsections (b)(1) and (e)(2), the Secretary”.

(9)

The first sentence under section 8(o)(3) of the United States Housing Act of 1937 is amended—

(A)

by striking out “or” before “(B)”; and

(B)

by inserting before the period at the end thereof the following: “, or (C) a family that is determined to be a lower income family at the time it initially receives assistance and that is displaced by activities under section 17(c)”.

(10)

Section 8(o)(7)(D) of the United States Housing Act of 1937 is amended by inserting “unit of” before “general”.

(c)
(1)

The first sentence of section 202(a)(4)(B)(i) of the Housing Act

97 Stat. 1190.

12 USC 1701q.

97 Stat 1190.

of 1959 is amended by striking out “1985” and inserting in lieu thereof“1984”.

(2)

Section 202(h) of the Housing Act of 1959 is amended—

(A)

by inserting “and” at the end of paragraph (1); and

(B)

by striking out “; and” at the end of paragraph (2) and inserting in lieu thereof a period.

(3)

Section 202(1) of the Housing Act of 1959 is amended by adding at the end thereof the following new sentence: “The Secretary shall not impose difference requirements or standards with respect to construction change orders, increases in loan amount to cover change orders, errors in plans and specifications, and use of contingency funds, because of the method of contractor selection used by the sponsor or borrower.”.

(d)

The penultimate sentence of section 101(g) of the Housing and

97 Stat. 1187.

12 USC 1701s.

97 Stat. 1175.

42 USC 1439.

97 Stat 1191.

42 USC 8010.

Urban Development Act of 1965 is amended by striking out “up to”.

(e)

Section 213(d)(2) of the Housing and Community Development Act of 1974 is amended by striking out “532” and inserting in lieu thereof “533”.

(f)

Section 411(a)(4) of the Congregate Housing Services Act of 1978 is amended by adding at the end thereof a semicolon.

(g)
(1)

Section 216 of the Housing and Urban-Rural Recovery Act of

97 Stat. 1186.

1983 is amended—

(A)

by inserting “of Housing and Urban Development” after “Secretary” each place it appears; and

(B)

by striking out “paragraph” each place it appears and inserting in lieu thereof “section”.

(2)

Section 220 of the Housing and Urban-Rural Recovery Act of

97 Stat. 1188.

1983 is amended by inserting “of Housing and Urban Development” after “Secretary” each place it appears.

(3)

Section 221 of the Housing and Urban-Rural Recovery Act of

97 Stat. 1188.

42 USC 602 note.

1983 is amended—

(A)

by striking out “chapter” and inserting in lieu thereof “part”;

(B)

by striking out “, up to the utility allowance,”;

(C)

by inserting “in lieu of any rental payment” after “made”; and

(D)

by striking out “rental” and inserting in lieu thereof “shelter”.

Sec. 103. rental housing rehabilitation and production program

(a)

Section 17(a)(1)(A) of the United States Housing Act of 1937 is amended by striking out “to States and units of general local

97 Stat. 1196.

42 USC 1437o.

government”.

(b)

Section 17(b)(2)(B) of the United States Housing Act of 1937 is amended by striking out “(f)” and inserting in lieu thereof “(e)”.

(c)
(1)

Section 17(c)(2)(H) of the United States Housing Act of 1937 is amended by striking out “State or unit of general local government that receives the assistance” and inserting in lieu thereof “grantee”.

(2)

Section 17(c)(3)(A) of the United States Housing Act of of 1937 is amended by striking out “families, including large families with children” and inserting in lieu thereof the following: “families with children, particularly families requiring three or more bedrooms”.

(d)
(1)

Section 17(d)(2) of the United States Housing Act of 1937 is amended—

(A)

in the penultimate sentence, by inserting “general local” before “government”; and

(B)

by inserting after the penultimate sentence the following new sentence: “Notwithstanding such minimum standards, a city shall also be eligible to submit such an application if (A) according to the most recent data compiled by the United States Bureau of the Census, such city has a population of not less than 450,000; and (B) the percentage of the total rental units in such city that are vacant and available for rent is less than 10 percent.”.

(2)

Section 17(d)(4)(E) of the United States Housing Act of 1937 is amended by striking out “persons” and all that follows through “income” and inserting in lieu thereof “lower income families”.

(3)

Section 17(d)()(H) of the United States Housing Act of 1937 is amended by striking out “families, including large families with children” and inserting in lieu thereof the following: “families with children, particularly families requiring three or more bedrooms”.

(e)
(1)

Section 17(e)(1) of the United States Housing Act of 1937 is amended—

(A)

in the first sentence, by striking out “(b)(2)” and inserting in lieu thereof “(b)”; and

(B)

in the second sentence, by striking out “cities with populations of less than fifty thousand” and inserting in lieu thereof the following: “units of general local government and areas of the State that do not receive allocations under subsection (b)”.

(2)

Section 17(e)(2) of the United States Housing Act of 1937 is amended by striking out “(b)(2) of this section” and inserting in lieu thereof “(b)”.

(f)

Section 17(i)(3) of the United States Housing Act of 1937 is amended by striking out “structure” and inserting in lieu thereof “project”.

(g)
(1)

Section 17(k)(5)(A) is amended by striking out “resources under this section” and inserting in lieu thereof the following: “resources under subsection (b), and any unit of general local government receiving resources under subsection (d)”.

(2)

Section 17(k)(5)(B) of the United States Housing Act of 1937 is amended by striking out “(f)” and inserting in lieu thereof “(e)”.

(3)

Section 17(k)(5)(C) of the United States Housing Act of 1937 is amended by striking out “(f)(2)” and inserting in lieu thereof “(e)”.

(4)

Section 17(k) of the United States Housing Act of 1937 is amended—

(A)

by striking out “and” at the end of paragraph (4);

(B)

by striking out the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and

(C)

by inserting after paragraph (5) the following new paragraphs:

“(6)

the term ‘State’ means each of the several States and the Commonwealth of Puerto Rico; and

“(7)

the term ‘unit of general local government’ means (A) any city, county, town, township, parish, village, or other general purpose political subdivision of a State; (B) any Indian tribe (as defined in section 102(a)(17) of the Housing and Community

42 USC 5302.

Development Act of 1974); and (C) the District of Columbia, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.”.

(h)
(1)

Section 17(1)(1) of the United States Housing Act of 1937 is amended—

(A)

by inserting a comma after “government”; and

(B)

by striking out “(f)(1)” and inserting in lieu thereof “(e)(i)”; and

(2)

Section 17(1)(2) of the United States Housing Act of 1937 is amended by striking out “(e)(2)” and inserting in lieu thereof “(e)(i)”.

(i)

Section 17 of the United States Housing Act of 1937 is amended by adding at the end thereof the following new subsection:

“(o)

Inapplicability of Certain Provisions.—

Unless otherwise specifically provided in this section, the following provisions of this Act shall not apply to grants provided under this section: section

42 USC 1437a.

42 USC 1437d.

3(a), section 3(b)(1), the third sentence of section 3(b)(3), section 3(b)(7), the last sentence of section 6(a), and any other provision of this Act that is inconsistent with the provisions of this section.”.

Sec. 104. program amendments and extensions

(a)
(1)

The section heading of section 232 of the National

12 USC 1715w.

Housing Act is amended to read as follows: “mortgage insurance for nursing homes, intermediate care facilities, and board and care homes”.

(2)

Section 234(k) of the National Housing Act is amended—

(A)

by striking out “or” before “(3)”; and

(B)

by inserting before the period at the end thereof the following: “, or (4) before April 20, 1984 (A) application was made to the Secretary for a commitment to insure a mortgage covering any unit in the project, (B) in the case of direct endorsement, the mortgagee received the case number assigned by the Secretary for any unit in the project, or (C) application was made for approval of the project for guarantee, insurance,

38 USC 1801 et seq.

12 USC 17152.

or direct loan under chapter 37 of title 38, United States Code”.

(3)

Section 235(j)(2)(C) of the National Housing Act is amended to read as follows:

“(C)

bear interest at a rate not to exceed such percent per annum on the amount of the principal obligation outstanding at any time as the Secretary determines is necessary to meet the mortgage market, taking into consideration the yields on mortgages in the primary and secondary markets;”.

(4)

Section 236(j)(4)(B) of the National Housing Act is amended to

12 USC 17i5z–1.

read as follows:

“(B)

bear interest at a rate not to exceed such percent per annum on the amount of the principal obligation outstanding at any time as the Secretary determines is necessary to meet the mortgage market, taking into consideration the yields on mortgages in the primary and secondary markets; and”.

(5)

Section 244(d) of the National Housing Act is amended to read

12 USC 1715z–9.

as follows:

“(d)

No mortgage, advance, or loan shall be insured pursuant to this section after September 30, 1985, except pursuant to a commitment to insure made before that date.”.

(6)

The section heading of section 526 of the National Housing Act

12 USC 1735f–4.

is amended to read as follows: “minimum property standards”.

(7)

Section 531 of the National Housing Act is amended by striking

97 Stat. 1208.

12 USC 1735f–9.

out “title II” each place it appears and inserting in lieu thereof “this Act”.

(8)

Section 1101(c)(4) of the National Housing Act is amended to

12 USC 1749aaa.

read as follows:

“(4)

bear interest at such rate as may be agreed upon by the mortgagor and the mortgagee.”.

(b)

Section 7(o)(6)(C) of the Department of Housing and Urban Development Act is amended by striking out “3 of Public Law

42 USC 3535.

90–301” and inserting in lieu thereof “235 or 236 of the National Housing Act”.

(c)
(1)

Section 906(a) of the Housing and Urban Development Act of 1968 is amended—

42 USC 3936.

(A)

by striking out “and” at the end of paragraph (2);

(B)

by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and”; and

(C)

by adding at the end thereof the following new paragraph:

“(4)

for the purpose of generating income to support the building or rehabilitation of housing primarily for the benefit of families and individuals of low or moderate income (A) design, develop, manufacture and sell products and services for use in the construction, sale, or financing of housing, and (B) design and develop commercial, industrial, or retail facilities that are not directly related to housing, except that the development and preservation of housing for families and individuals of low or moderate income shall be the primary activity of the corporation.”.

(2)

Section 906 of the Housing and Urban Development Act of 1968 is amended by adding at the end thereof the following:

“(e)

The combined outstanding equity commitment of the corporation and the partnership with respect to activities undertaken under subsection (a)(4) may not exceed (1) 7 percent of their total combined equity commitment outstanding during the first 12-month period following the date of enactment of this subsection; (2) 14 percent of their total combined equity commitment outstanding during the second 12-month period following the date of enactment of this subsection; or (3) 20 percent of their total combined equity commitment outstanding at any time thereafter”.

(3)

Section 908(a) of the Housing and Urban Development Act of 1968 is amended—

42 USC 3938.

(A)

by inserting “(1)” after “(a)”; and

(B)

by adding at the end thereof the following:

“(2)

The report shall contain a description of the activities undertaken under section 906(a)(4), and shall specify, as a percentage of equity and in dollars, the extent of the corporation’s and the partnership’s investment in housing for the benefit of families and individuals of low or moderate income, the extent of the corporation’s and the partnership’s investment in other housing, and the extent of the corporation’s and the partnership’s activities which are undertaken under section 906(a)(4).”.

(d)
(1)

Section 514(b)(5)(A) of the Solar Energy and Energy Conservation

97 Stat. 1234.

12 USC 3612.

Bank Act is amended by striking out “loan” and inserting in lieu thereof “grant”.

(2)
(A)

Section 520(b)(5) of the Solar Energy and Energy Conservation

97 Stat. 1234.

12 USC 3618.

Bank Act is amended to read as follows:

“(5)
(A)

establish explicit criteria, and their relative weights, for the allocation of financial assistance under this subtitle among eligible financial institutions; and

“(B)

provide that all amounts available for financial assistance under this subtitle as a result of any one appropriations law, or otherwise available for such assistance, shall be allocated at the same time; and”.

(B)

The Secretary shall issue the regulations required as a result of the amendment made by this paragraph not later than 90 days after the date of the enactment of this Act.

(e)
(1)

Section 463 of the Housing and Urban-Rural Recovery Act of

12 USC 3612.

1983 is amended by striking out “(c)(1)” the second place it appears and inserting in lieu thereof “(d)(1)”.

(2)

Section 482 of the Housing and Urban-Rural Recovery Act of

97 Stat. 1239.

1983 is amended by striking out “305(b)” and inserting in lieu thereof “305”.

(f)

The Secretary of Housing and Urban Development shall, not later than October 31, 1984, issue regulations to carry out the amendments made to section 242 of the National Housing Act by

97 Stat. 1222.

12 USC 1715z–7.

section 436 of the Housing and Urban-Rural Recovery Act of 1983.

Sec. 105. rural housing

(a)

Section 501(b)(4) of the Housing Act of 1949 is amended by striking out “by the Secretary of Housing and Urban Development”.

(b)
(1)

Section 502(d) of the Housing Act of 1949 is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following:

“(1)

not less than 40 percent of the funds approved in appropriation Acts for use under this section shall be set aside and made available only for very low-income families or persons; and

“(2)

not less than 30 percent of the funds allocated to each State under this section shall be available only for very low-income families or persons.”.

(2)

Notwithstanding any other provision of law, the provisions of section 502(d) of the Housing Act of 1949, as amended by paragraph (1), shall apply with respect to fiscal year 1985 and thereafter, and the provisions of such section, as so amended, may not be changed or superseded except by another provision of law which amends such section.

(c)

Section 510(e) of the Housing Act of 1949 is amended by

97 Stat. 1243.

42 USC 1480.

striking out “. Such” and “. Where” and inserting in lieu thereof “; such” and “; where”, respectively.

(d)
(1)

Section 513(a) of the Housing Act of 1949 is amended—

97 Stat. 1243.

42 USC 1483.

(A)

by inserting “(1)” after the subsection designation; and

(B)

by adding at the end thereof the following new paragraph:

“(2)

Notwithstanding any other provision of law, insured and guaranteed loan authority authorized in this title for any fiscal year beginning after September 30, 1984, shall not be transferred or used for any purpose not specified in this title.”.

(2)

Section 513(b)(7) of the Housing Act of 1949 is amended by striking out “531” and inserting in lieu thereof “533”.

(e)

Section 515(k)(2)(B) of the Housing Act of 1949 is amended by

97 Stat. 1244.

42 USC 1485.

inserting “, at the option of the applicant, either that there is a reasonable assurance that the contract for assistance will be extended or renewed, or” after “five years, and”.

(f)

Section 517(j)(4) of the Housing Act of 1949 is amended by

42 USC 1487.

inserting “and” after the semicolon at the end thereof.

(g)

The last sentence of section 520 of the Housing Act of 1949 is

97 Stat. 1247.

42 USC 1490.

42 USC 1490a.

amended by striking out “1984” and inserting in lieu thereof “1985”.

(h)

Section 521(d)(1) of the Housing Act of 1949 is amended to read as follows:

“(d)
(1)

In utilizing the rental assistance payments authority pursuant to subsection (a)(2) —

“(A)

the Secretary shall make such assistance available in existing projects for units occupied by low income families or persons to extend expiring contracts or to provide additional assistance when necessary to provide the full amount authorized pursuant to existing contracts;

“(B)

any such authority remaining after carrying out subparagraph (A) shall be used in projects receiving commitments under section 514, 515, or 516 after fiscal year 1983 for contracts

42 USC 1484–1486.

to assist very low-income families or persons to occupy the units in such projects, except that not more than 5 percent of the units assisted may be occupied by low income families or persons who are not very low-income families or persons; and

“(C)

any such authority remaining after carrying out subparagraphs (A) and (B) may be used to provide further assistance to existing projects under section 514,515, or 516.”.

TITLE II— TECHNICAL AND CONFORMING AMENDMENTS TO OTHER HOUSING AND COMMUNITY DEVELOPMENT AND BANKING LAWS

Sec. 201. conforming references to secretary of health and human services and secretary of education

(a)
(1)

Section 242(c) of the National Housing Act is

12 USC 1715z–7.

amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

(2)

Section 1104 of the National Housing Act is amended by

12 USC 1749aaa–3.

striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

(b)

Section 302(c)(2)(B) of the Federal National Mortgage Association

12 USC 1717.

Charter Act is amended—

(1)

by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Education”; and

(2)

by striking out “Commissioner” and inserting in lieu thereof “Secretary”.

(c)

Section 522(a) of the Housing Act of 1949 is amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health, and Human Services”.

(d)
(1)

Section 402(c) of the Housing Act of 1950 is amended—

(A)

by striking out paragraph (2); and

(B)

by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively.

(2)

Section 404(f) of the Housing Act of 1950 is amended by striking out “Housing and Urban Development” and inserting in lieu thereof “Education”.

(e)

Section 202(f) of the Housing Act of 1959 is amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

(f)

Section 207 of the Demonstration Cities and Metropolitan

42 USC 3337.

Development Act of 1966 is amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

(g)

Section 209 of the Housing and Community Development Act

42 USC 1438.

of 1974 is amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

(h)

Paragraphs (1) and (2) of section 413(b) of the Energy Conservation

42 USC 6863.

in Existing Building Act of 1976 are amended by striking out “Health, Education, and Welfare” each place it appears and inserting in lieu thereof “Health and Human Services”.

(i)

Section 207(c)(3) of the Public Housing Security Demonstration

12 USC 1701z–6 note.

Act of 1978 is amended by striking out “Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

(j)

Section 405(i) of the Congregate Housing Services Act of 1978 is amended by striking out “the Department of Health, Education, and Welfare” and inserting in lieu thereof “Health and Human Services”.

Sec. 202. conforming cross-references to title 5, united states code

(a)
(1)

The second sentence of section 1 of the National

12 USC 1702.

Housing Act is amended by striking out “without” and all that follows through “States”.

(2)

Section 1247 of the National Housing Act is amended by striking out “the Administrative Procedure Act” and inserting in lieu thereof the following: “subchapter II of chapter 5, and chapter 7, of title 5, United States Code”.

(b)
(1)

The first sentence of section 502(a) of the Housing Act of 1948 is amended by striking out “the Classification Act of 1949, as amended” and inserting in lieu thereof the following: “chapter 51 and subchapter III of chapter 53 of title 5, United States Code”.

(2)

Section 502(c)(1) of the Housing Act of 1948 is amended by striking out “5 U.S.C. 73b–2” and inserting in lieu thereof the following: “section 5703 of title 5, United States Code”.

(c)

Section 601 of the Housing Act of 1949 is amended by striking out “section 5 of the Act of August 2, 1946 (5 U.S.C. 73b–2)” and inserting in lieu thereof the following: “section 5703 of title 5, United States Code”.

(d)

Section 1416(b) of the Interstate Land Sales Full Disclosure Act is amended by striking out “the Administrative Procedure Act” and inserting in lieu thereof the following: “subchapter II of chapter 5, and chapter 7, of title 5, United States Code”.

Sec. 203. CONFORMING CROSS-REFERENCES TO TITLE 31, UNITED STATES CODE

(a)
(1)

Section 304(c) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second

12 USC 1719.

Liberty Bond Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”.

(2)

Section 306(d) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second Liberty Bond

12 USC 1721.

Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”.

(3)

Section 309(b) of the Federal National Mortgage Association Charter Act is amended by striking out “the Government Corporation

12 USC 1723a.

Control Act” and inserting in lieu thereof “chapter 91 of title 31, United States Code”.

(4)

Section 315(c) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second Liberty Bond

12 USC 1723g.

Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”.

(5)

Section 316(c) of the Federal National Mortgage Association Charter Act is amended by striking out “the Second Liberty Bond

12 USC 1723h.

Act, as now or hereafter in force” each place it appears and inserting in lieu thereof “chapter 31 of title 31, United States Code”.

(b)
(1)

Section 4(b) of the United States Housing Act of 1937 is

42 USC 1437b.

amended—

(A)

by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”.

(2)

Section 10(a) of the United States Housing Act of 1937 is

42 USC 1437h.

amended by striking out “the Government Corporation Control Act, as amended” each place it appears and inserting in lieu thereof “chapter 91 of title 31, United States Code”.

(c)

Section 502(c)(2) of the Housing Act of 1948 is amended by

12 USC 1701c.

striking out “section 3648 of the Revised Statutes” and inserting in lieu thereof “subsections (a) and (b) of section 3324 of title 31, United States Code”.

(d)
(1)

Section 102(f) of the Housing Act of 1949 is amended—

42 USC 1452.

(A)

by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”.

(2)

Section 106(a) of the Housing Act of 1949 is amended by

42 USC 1456.

striking out “the Government Corporation Control Act, as amended” each place it appears and inserting in lieu thereof “chapter 91 of title 31, United States Code”.

(3)

Section 501(b)(6) of the Housing Act of 1949 is amended by

42 USC 1471.

striking out “the State and Local Fiscal Assistance Act of 1972 (Public Law 92–512)” and inserting in lieu thereof “chapter 67 of title 31, United States Code”.

(4)

Section 511 of the Housing Act of 1949 is amended—

42 USC 1481.

(A)

by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “such Act” and inserting in lieu thereof “such chapter”.

(5)

Section 517(h) of the Housing Act of 1949 is amended—

(A)

by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “such Act” and inserting in lieu thereof “such chapter”.

(6)

Section 517(k) of the Housing Act of 1949 is amended by striking out “the Budget and Accounting Act, 1921” and inserting in lieu thereof “chapter 11 of title 31, United States Code”.

(e)
(1)

Section 401(e) of the Housing Act of 1950 is amended—

(A)

by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”.

(2)

Section 402(a)(1) of the Housing Act of 1950 is amended by striking out “the Government Corporation Control Act, as amended” and inserting in lieu thereof “chapter 91 of title 31, United States Code”.

(3)

Section 402(a)(2) of the Housing Act of 1950 is amended by striking out “the Accounting and Auditing Act of 1950” and inserting in lieu thereof “chapter 35 of title 31, United States Code”.

(4)

Section 402(e) of the Housing Act of 1950 is amended—

(A)

by striking out “section 309 of the Independent Offices Appropriation Act, 1950 (63 Stat. 662)” and inserting in lieu thereof “section 9107(a) of title 31, United States Code”; and

(B)

by striking out “the Government Corporation Control Act” and inserting in lieu thereof “chapter 91 of such title”.

(f)

Section 203(a) of the Housing Amendments of 1955 is amended—

(1)

by striking out “the Second Liberty Bond Act, as amended” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(2)

by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”.

(g)

Section 15(e) of the Federal Flood Insurance Act of 1956 is amended—

(1)

by striking out “the Second Liberty Bond Act, as amended,” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(2)

by striking out “such Act, as amended,” and inserting in lieu thereof “such chapter”.

(h)

Section 202(a)(4)(B)(i) of the Housing Act of 1959 is amended—

(1)

by striking out “the Second Liberty Bond Act” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(2)

by striking out “that Act” and inserting in lieu thereof “such chapter”.

(i)
(1)

Section 1222(c) of the Urban Property Protection and Reinsurance Act of 1968 is amended by striking out “section 3679(a) of the Revised Statutes of the United States (31 U.S.C. 665(a))” and inserting in lieu thereof “section 1341(a) of title 31, United States Code”.

(2)

Section 1243(d) of the Urban Property Protection and Reinsurance Act of 1968 is amended by striking out “law (sections 102, 103,

12 USC 1749bbb–13.

and 104 of the Government Corporation Control Act (31 U.S.C. 847–849))” and inserting in lieu thereof “sections 9103 and 9104 of title 31, United States Code”.

(j)
(1)

Section 1310(e) of the National Flood Insurance Act of 1968 is

42 USC 4017.

amended by striking out “law (sections 102, 103, and 104 of the Government Corporation Control Act (31 U.S.C. 847–849))” and inserting in lieu thereof “sections 9103 and 9104 of title 31, United States Code”

(2)

Section 1360(b) of the National Flood Insurance Act of 1968 is

42 USC 4101.

amended by striking out “sections 3648 and 3709 of the Revised Statutes, as amended (31 U.S.C. 529 and 41 U.S.C. 5)” and inserting in lieu thereof “subsections (a) and (b) of section 3324 of title 31, United States Code, and section 3709 of the Revised Statutes (41 U.S.C. 5)”.

(3)

Section 1373 of the National Flood Insurance Act of 1968 is

42 USC 4124.

amended by striking out “the Government Corporation Control Act” and inserting in lieu thereof “chapter 91 of title 31, United States Code,”.

(k)

Section 502(e) of the Housing and Urban Development Act of 1970 is amended by striking out “section 3648 of the Revised Statutes”

12 USC 1701z–2.

and inserting in lieu thereof “subsections (a) and (b) of section 3324 of title 31, United States Code,”.

(l)
(1)

Section 102(a)(17) of the Housing and Community Development Act of 1974 is amended by striking out “the State and Local

42 USC 5302.

Fiscal Assistance Act of 1972 (Public Law 92–512)” and inserting in lieu thereof “chapter 67 of title 31, United States Code”.

(2)

Section 108(g) of the Housing and Community Development Act of 1974 is amended—

42 USC 5308.

(A)

by striking out “the Second Liberty Bond Act, as now or hereafter in force” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “such Act” and inserting in lieu thereof “such chapter”.

(3)

Section 119(n)(2) of the Housing and Community Development Act of 1974 is amended by striking out “the State and Local Fiscal

42 USC 5318.

Assistance Act of 1972” and inserting in lieu thereof “chapter 67 of title 31, United States Code”.

(4)

Section 802(e)(2) of the Housing and Community Development Act of 1974 is amended—

42 USC 1440.

(A)

by striking out “the Second Liberty Bond Act” and inserting in lieu thereof “chapter 31 of title 31, United States Code”; and

(B)

by striking out “that Act” and inserting in lieu thereof “such chapter”.

(m)

Section 608(d) of the Neighborhood Reinvestment Corporation Act is amended by striking out “the Budget and Accounting Act,

42 USC 8107.

1921” and inserting in lieu thereof “chapter 11 of title 31, United States Code”.

Sec. 204. miscellaneous technical corrections

(a)
(1)

Section 4 of the National Housing Act is amended

12 USC 1705.

by striking out “such” and inserting in lieu thereof “such”.

(2)

Section 203(n)(2)(A) of the National Housing Act is amended by striking out “an” and inserting in lieu thereof “a”.

(3)

The first sentence of section 207(i) of the National Housing Act is amended by inserting “section” before “221(g)”.

(4)
(A)

The National Housing Act is amended by inserting the

12 USC 1715d.

following section heading for section 214: “insurance of mortgages on property in alaska, guam, and hawaii”.

(B)

The third sentence of section 214 of the National Housing Act is amended by striking out “Nowithstanding” and inserting in lieu thereof “Notwithstanding”.

(5)

Section 217 of the National Housing Act is amended by inserting “section 244, section 245,” after “236,”.

(6)

Section 221(d)(3)(iii) of the National Housing Act is amended by striking out “rehabilited” and inserting in lieu thereof “rehabilitated”.

(7)

The first sentence of section 223(f)(2) of the National Housing

12 USC 1715n.

12 USC 1715z.

Act is amended by inserting “a” before “multifamily”.

(8)

Section 235(i)(3)(C) of the National Housing Act is amended by striking out “Seretary” and inserting in lieu thereof “Secretary”.

(9)

Section 236(j)(5)(C) of the National Housing Act is amended by striking out “or residents” and inserting in lieu thereof “of residents”.

(10)

Section 240(a) of the National Housing Act is amended by striking out “purchasers” and inserting in lieu thereof “purchases”.

(11)

The first sentence of section 241(a) of the National Housing

12 USC 1715z–6.

Act is amended by striking out “to made” and inserting in lieu thereof “to make”.

(12)

Section 241(b)(1) of the National Housing Act is amended by striking out “of facility” and inserting in lieu thereof “or facility”.

(13)

Section 242(d)(3)(A) of the National Housing Act is amended by striking out the comma at the end thereof and inserting in lieu thereof a semicolon.

(14)

Section 243(d)(2) of the National Housing Act is amended by redesignating subparagraphs (1) through (3) as subparagraphs (A) through (C), respectively.

(15)

Section 243(j)(3)(ii) of the National Housing Act is amended by striking out the period at the end thereof and inserting in lieu thereof and”.

(16)

The fourth sentence of section 302(b)(2) of the National Housing

12 USC 1717.

Act is amended by striking out “Corporation” and inserting in lieu thereof “corporation”.

(17)

The National Housing Act is amended by inserting the following

12 USC 1731a.

section heading for section 512: “penalties”.

(18)

The National Housing Act is amended by inserting the following

12 USC 1731b.

section heading for the first section 513: “prohibition against transient housing”.

(19)

The National Housing Act is amended by redesignating the

12 USC 1732.

12 USC 1732 note.

second section 513 as section 513A. Any reference in any law, regulation, order, document, record, or other paper of the United States to the section redesignated in this paragraph hereby is deemed to refer to section 513A of the National Housing Act.

(20)

The National Housing Act is amended by inserting the following

12 USC 1734.

section heading for section 515: “amendment, extension, or increase of commitment amounts”.

(21)

The National Housing Act is amended by inserting the following

12 USC 1735.

section heading for section 516: “payment of certain funds to treasury”.

(22)

Section 527 of the National Housing Act is amended by

12 USC 1735f–5.

inserting “(a)” after the section designation.

(23)

The last sentence of section 904(d) of the National Housing Act is amended by striking out “auhorized” and inserting in lieu

12 USC 1750c.

thereof “authorized”.

(b)
(1)

The first sentence of section 6(a) of the United States Housing Act of 1937 is amended by striking out “convenants” and

42 USC 1437d.

inserting in lieu thereof “covenants”.

(2)

Section 14(a) of the United States Housing Act of 1937 is

42 USC 1437l.

amended by striking out the comma at the end of each of paragraphs (1) and (2) and inserting in lieu thereof a semicolon.

(c)
(1)

The last sentence of section 105(f) of the Housing Act of 1949

42 USC 1455.

is amended by striking out “Committees on Banking and Currency of the Senate and the House of Representatives” and inserting in lieu thereof the following: “Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking, Finance and Urban Affairs of the House of Representatives”.

(2)

Section 523(g) of the Housing Act of 1949 is amended by

42 USC 1490c.

inserting “Housing” before “Land” the second place it appears.

(3)

The Housing Act of 1949 is amended by inserting the following section heading for section 528: “taxation of property held by

42 USC 14906.

secretary”.

(d)

Section 402(a)(2) of the Housing Act of 1950 is amended by

12 USC 1749a.

striking out “Administrator” each place it appears and inserting in lieu thereof “Secretary”.

(e)

Section 101(j)(1)(D) of the Housing and Community Development Act of 1965 is amended by striking out “divided” and inserting

12 USC 1701s.

in lieu thereof “dividend”.

(f)

The second sentence of section 106(b)(1) of the Housing and Urban Development Act of 1968 is amended by striking out “architectual”

12 USC 1701x.

and inserting in lieu thereof “architectural”.

(g)

The last sentence of section 1309(a) of the National Flood Insurance Act of 1968 is amended—

42 USC 4016.

(1)

by striking out “and Currency” and inserting in lieu thereof “, Finance and Urban Affairs”, and

(2)

by inserting a comma after “Housing”.

(h)

Section 308(f) of the Federal Home Loan Mortgage Corporation Act is amended by striking out “United States Code” and inserting

12 USC 1457.

in lieu thereof “United States”.

(i)

Section 702(d)(8) of the National Urban Policy and New Community Development Act of 1970 is amended by striking out “of” the

42 USC 4502.

last place it appears.

(j)

The last sentence of section 201(e) of the Flood Disaster Protection Act of 1973 is amended by striking out the quotation marks.

42 USC 4105.

(k)
(1)

The first sentence of section 108(h) of the Housing and Community Development Act of 1974 is amended by striking out

42 USC 5308.

“subsection (g)” and inserting in lieu thereof “subsection (j)”.

(2)

Section 117(B) of the Housing and Community Development Act of 1974 is amended by striking out “of 1965 (Public Law 81–428;”

42 USC 5317.

and inserting in lieu thereof “, 1955 (Public Law 83–428;”.

(l)

Section 604(e) of the National Manufactured Housing Construction and Safety Standards Act of 1974 is amended by striking out

42 USC 5403.

“than” the last place it appears and inserting in lieu thereof “that”.

(m)
(1)

Section 107 of the Emergency Homeowners’ Relief Act

12 USC 2706.

is amended—

(A)

by striking out “(a)(1)” and inserting in lieu thereof “(a)”;

(B)

by redesignating subparagaphs (A) through (C) of paragraph (1) as paragraphs (1) through (3), respectively;

(C)

by redesignating paragraph (2) as subsection (b); and

(D)

by redesignating subparagraphs (A) and (B) of paragraph (2) as paragraphs (1) and (2), respectively.

(2)

Section 110 of the Emergency Homeowners’ Relief Act is amended by striking out the subsection designation.

(n)
(1)

Section 201(c) of the Housing and Community Development

12 USC 1715z–1a.

Amendments of 1978 is amended by striking out “a” the first place it appears and inserting in lieu thereof “A”.

(2)

Section 201(j) of the Housing and Community Development Amendments of 1978 is amended by striking out “236(f)(3)(B)” and inserting in lieu thereof “236(f)(3)”.

(3)

Section 209(d) of the Housing and Community Development

12 USC 1701z–13.

Amendments of 1978 is amended by striking out “conjuction” and inserting in lieu thereof “conjunction”.

(4)

Section 905(b)(1) of the Housing and Community Development

42 USC 3541.

Amendments of 1978 is amended by inserting “of 1974” after “Act”.

Sec. 205. amendment to the truth in lending act

Section 125(e) of the Truth in Lending Act (15 U.S.C. 1635(e)) is amended—

(1)

by striking out “(1)” after “(e)”;

(2)

by redesignating clauses (A) through (D) as clauses (1) through (4), respectively; and

(3)

by striking out paragraph (2).

Sec. 206. credit union loans to homeowners

Section 107(5)(A)(ii) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(ii)) is amended to read as follows:

“(ii)

a loan to finance the purchase of a mobile home, which shall be secured by a first lien on such mobile home, to be used by the credit union member as his residence, a loan for the repair, alteration, or improvement of a residential dwelling which is the residence of a credit union member, or a second mortgage loan secured by a residential dwelling which is the residence of a credit union member, shall have a maturity not to exceed fifteen years unless such loan is insured or guaranteed as provided in subparagraph (iii);”.

Sec. 207. amendment to the federal home loan bank act

Section 5A(b)(1)(D) of the Federal Home Loan Bank Act (12 U.S.C. 1425a(b)(1)(D)) is amended by striking out “solely to any of the obligations or other investments enumerated in subparagraphs (A) through (C)” and inserting in lieu thereof “solely to any of the obligations or other investments enumerated in subparagraphs (A) through (C), (F), and (G)”.

Approved October 17, 1984.

Parsed from the official Statutes at Large USLM XML in 98.xml