Title 42 — The Public Health and Welfare
Chapter 130 — National Affordable Housing
§ 12704. Definitions
Statutory text
As used in this subchapter and in subchapter II:
The term “unit of general local government” means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 12746(2) of this title; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act.
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act.
The term “jurisdiction” means a State or unit of general local government.
The term “participating jurisdiction” means any State or unit of general local government that has been so designated in accordance with section 12746 of this title.
The term “nonprofit organization” means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that—
is organized under State or local laws,
has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual,
complies with standards of financial accountability acceptable to the Secretary, and
has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons.
The term “community housing development organization” means a nonprofit organization as defined in paragraph (5), that—
has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons;
maintains, through representation on the organization’s governing board and otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of affordable housing;
has a demonstrated capacity for carrying out activities assisted under this Act; and
has a history of serving the local community or communities within which housing to be assisted under this Act is to be located.
In the case of an organization serving more than one county, the Secretary may not require that such organization, to be considered a community housing development organization for purposes of this Act, include as members on the organization’s governing board low-income persons residing in each county served.
The term “government-sponsored mortgage finance corporations” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation.
The term “housing” includes manufactured housing and manufactured housing lots and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings.
The term “very low-income families” means low-income families whose incomes do not exceed 50 percent of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
The term “low-income families” means families whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
The term “families” has the same meaning given that term by section 1437a of this title.
The term “security” has the same meaning as in section 77b of title 15.
The term “displaced homemaker” means an individual who—
is an adult;
has not worked full-time full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and
is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment.
The term “first-time homebuyer” means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under subchapter II, except that—
any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse;
any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse; and
an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is—
not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or
not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.
The term “single parent” means an individual who—
is unmarried or legally separated from a spouse; and
has 1 or more minor children for whom the individual has custody or joint custody; or
is pregnant.
The term “Secretary” means the Secretary of Housing and Urban Development, unless otherwise specified in this Act.
The term “substantial rehabilitation” means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit.
The term “public housing agency” has the meaning given the term in section 1437a(b) of this title.
The term “metropolitan city” has the meaning given the term in section 5302(a)(4) of this title.
The term “urban county” has the meaning given the term in section 5302(a)(6) of this title.
The term “certification” means a written assertion, based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector General and the public, which assertion shall be deemed to be accurate for purposes of this Act, unless the Secretary determines otherwise after inspecting the evidence and providing due notice and opportunity for comment.
The term “to demonstrate to the Secretary” means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion.
The term “insular area” means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.
The term “energy efficient mortgage” means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.
The term “infill housing project” means a residential housing project that—
is located within the geographic limits of a municipality;
is adequately served by existing utilities and public services as required under applicable law;
is located on a site of previously disturbed land of not more than 5 acres; and
is substantially surrounded by residential or commercial development, as determined by the Secretary.
The term “community land trust” means a nonprofit entity, a State, a unit of local government, or an instrumentality of a State or unit of local government that—
is not managed by, or an affiliate of, a for profit organization;
has as a primary purpose of acquiring, developing, or holding land to provide housing that is permanently affordable to low- and moderate-income persons;
monitors properties to ensure affordability is preserved;
provides housing that is permanently affordable to low- and moderate-income persons using a ground lease, deed covenant, or other similar legally enforceable measure, determined acceptable by the Secretary, that—
keeps housing affordable to low- and moderate-income persons for not less than 30 years; and
enables low- and moderate-income persons to rent or purchase the housing for home-ownership; and
maintains preemptive purchase options to purchase the property if such purchase would allow the housing to remain affordable to low-and 1 moderate-income persons.
Footnotes
- 1 So in original. A space probably should precede “and”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Cranston-Gonzalez National Affordable Housing Act
Pub. L. 101–625 title I § 104 · 104 Stat. 4079
Enacted · 42 U.S.C. § 12704
Pub. L. 101–625, title I, § 104, Nov. 28, 1990, 104 Stat. 4085
Source evidence
Code source credit
Pub. L. 101–625, title I, § 104, Nov. 28, 1990, 104 Stat. 4085Enacted provision · exact public law section
SEC. 104. DEFINITIONS. As used in this title and in title II: (1) The term “unit of general local government” means a city, town, township, county, parish, village, or other general purpose political subdivision of a State; Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands, or a general purpose political subdivision thereof; a consortium of such political subdivisions recognized by the Secretary in accordance with section 216(2) of this Act; and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this Act. (2) The term “State” means any State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) The term “jurisdiction” means a State or unit of general local government. (4) The term “participating jurisdiction” means any State or unit of general local government that has been so designated in accordance with section 216 of this Act. (5) The term “nonprofit organization” means any private, nonprofit organization (including a State or locally chartered, nonprofit organization) that— (A) is organized under State or local laws, (B) has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual, (C) complies with standards of financial accountability acceptable to the Secretary, and (D) has among its purposes significant activities related to the provision of decent housing that is affordable to low-income and moderate-income persons. (6) The term “community housing development organization” means a nonprofit organization as defined in paragraph (5), that— (A) has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons; (B) maintains, through significant representation on the organization’s governing board and otherwise, accountability to low-income community residents and, to the extent practicable, low-income beneficiaries with regard to decisions on the design, siting, development, and management of affordable housing; (C) has a demonstrated capacity for carrying out activities assisted under this Act; and (D) has a history of serving the local community or communities within which housing to be assisted under this Act is to be located. (7) The term “government-sponsored mortgage finance corporations” means the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Agricultural Mortgage Corporation. (8) The term “housing” includes manufactured housing and manufactured housing lots. (9) The term “very low-income families” means low-income families whose incomes do not exceed 50 percent of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (10) The term “low-income families” means families whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (11) The term “families” has the same meaning given that term by section 3 of the United States Housing Act of 1937. (12) The term “security” has the same meaning as in section 2 of the Securities Act of 1933. (13) The term “displaced homemaker” means an individual who— (A) is an adult; (B) has not worked full-time full-year in the labor force for a number of years but has, during such years, worked primarily without remuneration to care for the home and family; and (C) is unemployed or underemployed and is experiencing difficulty in obtaining or upgrading employment. (14) The term “first-time homebuyer” means an individual and his or her spouse who have not owned a home during the 3-year period prior to purchase of a home with assistance under title II, except that— (A) any individual who is a displaced homemaker may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse; and (B) any individual who is a single parent may not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual, while married, owned a home with his or her spouse or resided in a home owned by the spouse. (15) The term “single parent” means an individual who— (A) is unmarried or legally separated from a spouse; and (B) (i) has 1 or more minor children for whom the individual has custody or joint custody; or (ii) is pregnant. (16) The term “Secretary” means the Secretary of Housing and Urban Development, unless otherwise specified in this Act. (17) The term “substantial rehabilitation” means the rehabilitation of residential property at an average cost in excess of $25,000 per dwelling unit. (18) The term “public housing agency” has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (19) The term “metropolitan city” has the meaning given the term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)). (20) The term “urban county” has the meaning given the term in section 102(a)(6) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(6)). (21) The term “certification” means a written assertion, based on supporting evidence, which shall be kept available for inspection by the Secretary, the Inspector General and the public, which assertion shall be deemed to be accurate for purposes of this Act, unless the Secretary determines otherwise after inspecting the evidence and providing due notice and opportunity for comment. (23) The term “to demonstrate to the Secretary” means to submit to the Secretary a written assertion together with supporting evidence that, in the determination of the Secretary, supports the accuracy of the assertion.Pub. L. 102–230 § 2(1) · 105 Stat. 1720
Substituted · 42 U.S.C. § 12704(1)
Pub. L. 102–230, § 2(1), directed the substitution of “the insular areas” for “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands”. See 1992 Amendment note above
Source evidence
Code amendment note
Par. (1). Pub. L. 102–230, § 2(1), directed the substitution of “the insular areas” for “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands”. See 1992 Amendment note above.Enacted provision · exact public law section
(1) in paragraph (1), by striking “Guam” and all that follows through “the Marshall Islands” and inserting “the insular areas”; andPub. L. 102–229 title I · 105 Stat. 1701
Struck · 42 U.S.C. § 12704(1)
Pub. L. 102–229 struck out “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa,” after “of a State;”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–229 struck out “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa,” after “of a State;”.Enacted provision · exact public law
TITLE I— EMERGENCY SUPPLEMENTAL APPROPRIATIONS CHAPTER I DEPARTMENT OF DEFENSE—MILITARY Operation Desert Shield/Desert Storm (transfer of additional funds) For additional incremental costs of the Department of Defense, the Department of Veterans Affairs, and the Department of Transportation associated with operations in and around the Persian Gulf as part of operations currently known as Operation Desert Shield (including Operation Desert Storm) and under the terms and conditions of the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28), in addition to the amounts that may be transferred to appropriations available to the Department of Defense and other Departments pursuant to that Act, not to exceed $3,968,500,000 may be transferred during fiscal year 1992 from either the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund, to the following accounts in not to exceed the following amounts: Operation and Maintenance (transfer of funds) Operation and Maintenance, Army For an additional amount for “Operation and maintenance, Army”, $227,300,000. Operation and Maintenance, Navy For an additional amount for “Operation and maintenance, Navy”, $270,000,000. Operation and Maintenance, Marine Corps For an additional amount for “Operation and maintenance, Marine Corps”, $75,000,000. Operation and Maintenance, Army Reserve For an additional amount for “Operation and maintenance, Army Reserve”, $23,200,000. Operation and Maintenance, Navy Reserve For an additional amount for “Operation and maintenance, Navy Reserve”, $28,300,000. Operation and Maintenance, Army National Guard For an additional amount for “Operation and maintenance, Army National Guard”, $41,900,000. PROCUREMENT (transfer of funds) Aircraft Procurement, Army For an additional amount for “Aircraft procurement, Army”, $270,800,000, to remain available for obligation until September 30, 1994. Missile Procurement, Army For an additional amount for “Missile procurement. Army”, $21,800,000, to remain available for obligation until September 30, 1994. Procurement of Weapons and Tracked Combat Vehicles, Army For an additional amount for “Procurement of weapons and tracked combat vehicles. Army”, $63,000,000, to remain available for obligation until September 30, 1994. Other Procurement, Army For an additional amount for “Other procurement. Army”, $80,500,000, to remain available for obligation until September 30, 1994. Aircraft Procurement, Navy For an additional amount for “Aircraft procurement. Navy”, $521,000,000, to remain available for obligation until September 30, 1994. Weapons Procurement, Navy For an additional amount for “Weapons procurement. Navy”, $8,100,000, to remain available for obligation until September 30, 1994. Other Procurement, Navy For an additional amount for “Other procurement. Navy”, $112,700,000, to remain available for obligation until September 30, 1994. Procurement, Marine Corps For an additional amount for “Procurement, Marine Corps”, $4,300,000, to remain available for obligation until September 30, 1994. Aircraft Procurement, Air Force For an additional amount for “Aircraft procurement. Air Force”, $309,500,000, to remain available for obligation until September 30, 1994. Other Procurement, Air Force For an additional amount for “Other procurement, Air Force”, $560,000,000, to remain available for obligation until September 30, 1994. Procurement, Defense Agencies For an additional amount for “Procurement, Defense Agencies”, $76,900,000, to remain available for obligation until September 30, 1994. Research, Development, Test And Evaluation (TRANSFER OF FUNDS) Research, Development, Test and Evaluation, Army For an additional amount for “Research, development, test and evaluation. Army”, $47,800,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Navy For an additional amount for “Research, development, test and evaluation. Navy”, $6,100,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Air Force For an additional amount for “Research, development, test and evaluation. Air Force”, $24,300,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Defense Agencies For an additional amount for “Research, development, test and evaluation. Defense Agencies”, $28,100,000, to remain available for obligation until September 30, 1993, Defense Business Operations Fund (transfer of funds) For an additional amount for “Defense business operations fund”, $1,140,000,000. DEPARTMENT OF TRANSPORTATION (transfer of funds) Coast Guard operating expenses For an additional amount for “Operating expenses”, $17,900,000, to remain available for obligation until expended. DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION Medical Care (transfer of funds) For an additional amount for “Medical care”, $10,000,000. DEPARTMENT OF DEFENSE—MILITARY (transfer of existing funds) For the purpose of adjusting amounts which may be transferred pursuant to the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28) and under the terms and conditions of that Act, during the fiscal year 1992, the Secretary of Defense may make adjustments to the amounts provided for transfer by such Act in amounts not to exceed $6,282,400,000 and provide for the transfer of such amounts to the following accounts in not to exceed the following amounts to be available to the Department of Defense during fiscal year 1992: Provided, That the Secretary of Defense shall provide prior notification to the Committees on Appropriations of the House of Representatives and the Senate indicating the accounts from which the funds will be derived for such transfers: MILITARY PERSONNEL (transfer of funds) Military Personnel, Army To be derived by transfer, $685,000,000 for “Military personnel, Army”. Military Personnel, Navy To be derived by transfer, $70,000,000 for “Military personnel, Navy”. Military Personnel, Marine Corps To be derived by transfer, $18,000,000 for “Military personnel, Marine Corps”. Military Personnel, Air Force To be derived by transfer, $81,000,000 for “Military personnel, Air Force”. Reserve Personnel, Army To be derived by transfer, $80,000,000 for “Reserve personnel, Army”. Reserve Personnel, Air Force To be derived by transfer, $4,000,000 for “Reserve personnel, Air Force”. National Guard Personnel, Army To be derived by transfer, $10,000,000 for “National Guard personnel, Army”. National Guard Personnel, Air Force To be derived by transfer, $3,000,000 for “National Guard personnel. Air Force”. OPERATION AND MAINTENANCE (transfer of funds) Operation and Maintenance, Army To be derived by transfer, $2,717,500,000 for “Operation and maintenance, Army”. Operation and Maintenance, Navy To be derived by transfer, $1,080,000,000 for “Operation and maintenance, Navy”. Operation and Maintenance, Marine Corps To be derived by transfer, $165,000,000 for “Operation and maintenance, Marine Corps”. Operation and Maintenance, Air Force To be derived by transfer, $1,241,400,000 for “Operation and maintenance, Air Force”. Operation and Maintenance, Army Reserve To be derived by transfer, $6,000,000 for “Operation and maintenance, Army Reserve”. Operation and Maintenance, Air Force Reserve To be derived by transfer, $59,200,000 for “Operation and maintenance, Air Force Reserve”. Operation and Maintenance, Army National Guard To be derived by transfer, $3,600,000 for “Operation and maintenance, Army National Guard”. Operation and Maintenance, Air National Guard To be derived by transfer, $58,700,000 for “Operation and maintenance, Air National Guard”. GENERAL PROVISIONS—CHAPTER I Sec. 101. The prohibition in section 132(a)(2) of Public Law 101–189 (103 Stat. 1383) does not apply to the obligation of $70,200,000 provided in “Aircraft procurement, Army” of chapter I, title I for the procurement of AH-64 Apache attack helicopters. Sec. 102. Of the funds provided in title III of Public Law 101–165 for “Other procurement, Air Force”, not more than $80,000,000 shall be available, and may be obligated and expended, for costs arising from the cancellation of the Alaskan OTH-B radar program and powerplant lease: Provided, That such funds will be available for contract termination, site restoration, modification of facilities and other costs associated with the termination of the Alaskan OTH-B radar program and powerplant lease, or the transfer and modification of facilities and material located at or procured for the Alaskan OTH-B radar program or powerplant to any other Department of Defense activity or program at the OTH-B radar powerplant site. Kurdish Protection Force (transfer of funds) Sec. 103. In addition to other transfer authority granted by this or any other Act, and under the terms and conditions of the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28), the Secretary of Defense may transfer not to exceed $100,000,000 for costs incurred during fiscal years 1991 and 1992 from the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund to appropriate Department of Defense appropriations for costs incurred through February 1992 in support of United States military forces in and around Iraq and Turkey known as the Kurdish Protection or Ready Reaction Force. Restriction on Arms Sales to Saudi Arabia and Kuwait Sec. 104. (a) No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm: (1) In the case of Saudi Arabia, $16,839,000,000. (2) In the case of Kuwait, $16,006,000,000. (b) For purposes of this section, the term “any sale” means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act on or after the effective date of this section. (c) This section shall take effect 120 days after the date of enactment of this joint resolution. (d) Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of “conventional armaments and equipment limited by the Treaty”, which may be transferred to any other NATO country shall be subject to the notification procedures stated in section 523 of Public Law 101–513 and in section 634A of the Foreign Assistance Act of 1961. Middle East Humanitarian Relief Sec. 105. (a) Of the funds appropriated from the Defense Cooperation Account for the Kurdish Ready Reaction Force, up to $15,000,000 may be made available only for the prepositioning of relief supplies in the Middle East to meet emergency Kurdish and other Iraqi-related humanitarian needs and related transportation costs. (b) In addition, the Secretary of Defense may transfer up to $15,000,000 in additional funds from the Defense Cooperation Account to the appropriate appropriations accounts within the Department of Defense for these Kurdish and other Iraqi-related humanitarian purposes. Classified Program Sec. 106. (a) In section 110 of the Classified Annex incorporated into the Department of Defense Appropriations Act, 1992, the matter beginning with “Notwithstanding” and ending with “Provided, That” shall have no force or effect. (b) The funds described in section 110 of such Classified Annex may be obligated for the program described therein only in accordance with the Classified Annex incorporated into the National Defense Authorization Act for Fiscal Years 1992 and 1993. Sec. 107. None of the funds available to the Department of Defense in fiscal year 1992 may be used by the Department of the Army to award a contract for the procurement of four-ton dolly jacks if such equipment is or would be manufactured outside the United States of America and would be procured under any contract, agreement, arrangement, compact or other such instrument for which any provisions including price differential provisions of the Buy American Act of 1933, as amended, or any other Federal buy national law was waived: Provided, That the Secretary of the Army may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. (transfer of funds) Sec. 108. In addition to other transfer authority available to the Department of Defense, the Secretary of Defense may transfer from amounts appropriated to the Department of Defense for fiscal year 1992 for operation and maintenance or from balances in working capital accounts established under section 2208 of title 10, United States Code, not to exceed $400,000,000, to the appropriate accounts within the Department of Defense for reducing the Soviet nuclear threat and for the purposes set forth in the Soviet Nuclear Threat Reduction Act of 1991 contained in H.R. 3807, as passed the Senate on November 25, 1991, and under the terms and conditions of such Act: Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds. (transfer of funds) Sec. 109. In addition to other transfer authority available to the Department of Defense, the Secretary of Defense, upon the declaration of an emergency by the President under the terms of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, may transfer from amounts appropriated to the Department of Defense for fiscal year 1992 or from balances in working capital accounts established under section 2208 of title 10, United States Code, not to exceed $100,000,000, to the appropriate accounts within the Department of Defense, in order to transport by military or commercial means, food, medical supplies, and other types of humanitarian assistance to the Soviet Union, or its Republics, or localities therein—with the consent of the relevant Republic government or its independent successor—in order to address emergency conditions which may arise therein, and for the purposes set forth in section 301 of H.R. 3807, as passed the Senate on November 25, 1991, and under the terms and conditions of such section 301 of H.R. 3807: Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds: Provided further. That the Committees on Appropriations be notified of transfers under this provision fifteen days in advance. CHAPTER II DEPARTMENT OF VETERANS AFFAIRS Administrative Provision Section 518(a) of the “General Provisions” in H.R. 2519, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992, is amended by striking out “Section 662A(c)” and inserting in lieu thereof “Section 1722A(c)”. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Administrative Provision—Home Section 217(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(a)) is amended— (1) in the first sentence of paragraph (1), by inserting “and after reserving amounts for the insular areas under paragraph (3)” before the first comma; and (2) by adding at the end the following new paragraph: “(3) Insular Areas.— For each fiscal year, of any amounts approved in appropriations Acts to carry out this title, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.5 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment.”. Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended— (1) in paragraph (1), by striking “Guam” and all that follows through “American Samoa,”; and (2) by adding at the end the following new paragraph: “(24) The term ‘insular area’ means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.”. Administrative Provision—Staffing The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (H.R. 2519), is amended— (1) in the appropriating paragraph entitled “Personal Services and Travel, Office of Public and Indian Housing” by striking “$10,424,000” and inserting in lieu thereof “$12,788,000” each time it appears in the paragraph; (2) in the appropriating paragraph entitled “Personal Services and Travel, Office of Policy Development and Research” by striking “$10,705,000” and inserting in lieu thereof “$8,717,000” each time it appears in the paragraph; and (3) in the appropriating paragraph entitled “Personal Services and Travel, Office of General Counsel” by striking “$14,985,000” and inserting in lieu thereof “$14,609,000” each time it appears in the paragraph. INDEPENDENT AGENCIES Court of Veterans Appeals salaries and expenses Of the funds made available under this head in Public Law 102–139, not to exceed $950,000, to remain available until September 30, 1993, shall be available for the purpose of providing financial assistance (through grant or contract made, to the maximum extent feasible, not later than 150 days after enactment of this Act) to facilitate the furnishing of legal and other assistance, without charge, to veterans and other persons who are unable to afford the cost of legal representation in connection with decisions to which section 7252(a) of title 38, United States Code, may apply, or with other proceedings in the Court, through a program that furnishes case screening and referral, training and education for attorney and related personnel, and encouragement and facilitation of pro bono representation by members of the bar and law school clinical and other appropriate programs, such as veterans service organizations, and through defraying expenses incurred in providing representation to such persons: Provided, That such grants or contracts shall be made by the Legal Services Corporation pursuant to a reimbursable payment from the United States Court of Veterans Appeals for the purposes described herein: Provided further, That the Legal Services Corporation is authorized to receive a reimbursable payment from the United States Court of Veterans Appeals for the purpose of providing the financial assistance described herein: Provided further, That no funds made available herein shall be used for the payment of attorney fees: Provided further, That, not later than 180 days after the enactment of this Act, and, again, not later than one year after a grant or contract is made pursuant to the provisions of this paragraph, the Legal Services Corporation and the United States Court of Veterans Appeals shall report to the appropriate committees of the Congress regarding the implementation of the provisions of this paragraph. Environmental Protection Agency administrative provision Of the funds appropriated for the wastewater treatment facilities fund under title VI of the Federal Water Pollution Control Act, up to one-half of one per centum may be made available by the Administrator for direct grants to Indian tribes for construction of wastewater treatment facilities. FEDERAL EMERGENCY MANAGEMENT AGENCY Disaster Relief (including transfer of funds) For emergency disaster assistance payments necessary to provide for expenses in presidentially-declared disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an additional amount for “Disaster relief”, $943,000,000, to remain available until expended, of which $143,000,000 shall be available only after submission to the Congress of a formal budget request by the President designating the $143,000,000 as an emergency: Provided, That up to $1,250,000 of the funds made available under this heading may be transferred to, and merged with, amounts made available to the Federal Emergency Management Agency under the heading “Salaries and expenses” in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139): Provided further, That hereafter, beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other provision of law, all amounts appropriated for disaster assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either the historical annual average obligation of $320,000,000, or the amount submitted in the President’s initial budget request, whichever is lower, shall be considered as “emergency requirements” pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and such amounts shall hereafter be so designated. National Aeronautics and Space Administration research and development The last proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101–144), is hereby deleted. National Commission on Severely Distressed Public Housing salaries and expenses (transfer of funds) For necessary expenses of the National Commission on Severely Distressed Public Housing, in carrying out its functions under title V of the Department of Housing and Urban Development Reform Act of 1989 (Public Law 101–235), $250,000, to remain available until expended, to be derived by transfer from amounts provided to the Department of Housing and Urban Development under the heading “Salaries and expenses” in Public Law 102–139.Pub. L. 102–230 § 2(2) · 105 Stat. 1720
Changed · 42 U.S.C. § 12704(24)
Pub. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: “(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.” See 1992 Amendment note above
Source evidence
Code amendment note
Par. (24). Pub. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: “(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.” See 1992 Amendment note above.Enacted provision · exact public law section
(2) by adding at the end the following new paragraph: “(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.”.Pub. L. 102–229 title I · 105 Stat. 1701
Added · 42 U.S.C. § 12704(24)
Pub. L. 102–229 added par. (24) defining “insular area”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–229 added par. (24) defining “insular area”.Enacted provision · exact public law
TITLE I— EMERGENCY SUPPLEMENTAL APPROPRIATIONS CHAPTER I DEPARTMENT OF DEFENSE—MILITARY Operation Desert Shield/Desert Storm (transfer of additional funds) For additional incremental costs of the Department of Defense, the Department of Veterans Affairs, and the Department of Transportation associated with operations in and around the Persian Gulf as part of operations currently known as Operation Desert Shield (including Operation Desert Storm) and under the terms and conditions of the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28), in addition to the amounts that may be transferred to appropriations available to the Department of Defense and other Departments pursuant to that Act, not to exceed $3,968,500,000 may be transferred during fiscal year 1992 from either the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund, to the following accounts in not to exceed the following amounts: Operation and Maintenance (transfer of funds) Operation and Maintenance, Army For an additional amount for “Operation and maintenance, Army”, $227,300,000. Operation and Maintenance, Navy For an additional amount for “Operation and maintenance, Navy”, $270,000,000. Operation and Maintenance, Marine Corps For an additional amount for “Operation and maintenance, Marine Corps”, $75,000,000. Operation and Maintenance, Army Reserve For an additional amount for “Operation and maintenance, Army Reserve”, $23,200,000. Operation and Maintenance, Navy Reserve For an additional amount for “Operation and maintenance, Navy Reserve”, $28,300,000. Operation and Maintenance, Army National Guard For an additional amount for “Operation and maintenance, Army National Guard”, $41,900,000. PROCUREMENT (transfer of funds) Aircraft Procurement, Army For an additional amount for “Aircraft procurement, Army”, $270,800,000, to remain available for obligation until September 30, 1994. Missile Procurement, Army For an additional amount for “Missile procurement. Army”, $21,800,000, to remain available for obligation until September 30, 1994. Procurement of Weapons and Tracked Combat Vehicles, Army For an additional amount for “Procurement of weapons and tracked combat vehicles. Army”, $63,000,000, to remain available for obligation until September 30, 1994. Other Procurement, Army For an additional amount for “Other procurement. Army”, $80,500,000, to remain available for obligation until September 30, 1994. Aircraft Procurement, Navy For an additional amount for “Aircraft procurement. Navy”, $521,000,000, to remain available for obligation until September 30, 1994. Weapons Procurement, Navy For an additional amount for “Weapons procurement. Navy”, $8,100,000, to remain available for obligation until September 30, 1994. Other Procurement, Navy For an additional amount for “Other procurement. Navy”, $112,700,000, to remain available for obligation until September 30, 1994. Procurement, Marine Corps For an additional amount for “Procurement, Marine Corps”, $4,300,000, to remain available for obligation until September 30, 1994. Aircraft Procurement, Air Force For an additional amount for “Aircraft procurement. Air Force”, $309,500,000, to remain available for obligation until September 30, 1994. Other Procurement, Air Force For an additional amount for “Other procurement, Air Force”, $560,000,000, to remain available for obligation until September 30, 1994. Procurement, Defense Agencies For an additional amount for “Procurement, Defense Agencies”, $76,900,000, to remain available for obligation until September 30, 1994. Research, Development, Test And Evaluation (TRANSFER OF FUNDS) Research, Development, Test and Evaluation, Army For an additional amount for “Research, development, test and evaluation. Army”, $47,800,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Navy For an additional amount for “Research, development, test and evaluation. Navy”, $6,100,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Air Force For an additional amount for “Research, development, test and evaluation. Air Force”, $24,300,000, to remain available for obligation until September 30, 1993. Research, Development, Test and Evaluation, Defense Agencies For an additional amount for “Research, development, test and evaluation. Defense Agencies”, $28,100,000, to remain available for obligation until September 30, 1993, Defense Business Operations Fund (transfer of funds) For an additional amount for “Defense business operations fund”, $1,140,000,000. DEPARTMENT OF TRANSPORTATION (transfer of funds) Coast Guard operating expenses For an additional amount for “Operating expenses”, $17,900,000, to remain available for obligation until expended. DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION Medical Care (transfer of funds) For an additional amount for “Medical care”, $10,000,000. DEPARTMENT OF DEFENSE—MILITARY (transfer of existing funds) For the purpose of adjusting amounts which may be transferred pursuant to the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28) and under the terms and conditions of that Act, during the fiscal year 1992, the Secretary of Defense may make adjustments to the amounts provided for transfer by such Act in amounts not to exceed $6,282,400,000 and provide for the transfer of such amounts to the following accounts in not to exceed the following amounts to be available to the Department of Defense during fiscal year 1992: Provided, That the Secretary of Defense shall provide prior notification to the Committees on Appropriations of the House of Representatives and the Senate indicating the accounts from which the funds will be derived for such transfers: MILITARY PERSONNEL (transfer of funds) Military Personnel, Army To be derived by transfer, $685,000,000 for “Military personnel, Army”. Military Personnel, Navy To be derived by transfer, $70,000,000 for “Military personnel, Navy”. Military Personnel, Marine Corps To be derived by transfer, $18,000,000 for “Military personnel, Marine Corps”. Military Personnel, Air Force To be derived by transfer, $81,000,000 for “Military personnel, Air Force”. Reserve Personnel, Army To be derived by transfer, $80,000,000 for “Reserve personnel, Army”. Reserve Personnel, Air Force To be derived by transfer, $4,000,000 for “Reserve personnel, Air Force”. National Guard Personnel, Army To be derived by transfer, $10,000,000 for “National Guard personnel, Army”. National Guard Personnel, Air Force To be derived by transfer, $3,000,000 for “National Guard personnel. Air Force”. OPERATION AND MAINTENANCE (transfer of funds) Operation and Maintenance, Army To be derived by transfer, $2,717,500,000 for “Operation and maintenance, Army”. Operation and Maintenance, Navy To be derived by transfer, $1,080,000,000 for “Operation and maintenance, Navy”. Operation and Maintenance, Marine Corps To be derived by transfer, $165,000,000 for “Operation and maintenance, Marine Corps”. Operation and Maintenance, Air Force To be derived by transfer, $1,241,400,000 for “Operation and maintenance, Air Force”. Operation and Maintenance, Army Reserve To be derived by transfer, $6,000,000 for “Operation and maintenance, Army Reserve”. Operation and Maintenance, Air Force Reserve To be derived by transfer, $59,200,000 for “Operation and maintenance, Air Force Reserve”. Operation and Maintenance, Army National Guard To be derived by transfer, $3,600,000 for “Operation and maintenance, Army National Guard”. Operation and Maintenance, Air National Guard To be derived by transfer, $58,700,000 for “Operation and maintenance, Air National Guard”. GENERAL PROVISIONS—CHAPTER I Sec. 101. The prohibition in section 132(a)(2) of Public Law 101–189 (103 Stat. 1383) does not apply to the obligation of $70,200,000 provided in “Aircraft procurement, Army” of chapter I, title I for the procurement of AH-64 Apache attack helicopters. Sec. 102. Of the funds provided in title III of Public Law 101–165 for “Other procurement, Air Force”, not more than $80,000,000 shall be available, and may be obligated and expended, for costs arising from the cancellation of the Alaskan OTH-B radar program and powerplant lease: Provided, That such funds will be available for contract termination, site restoration, modification of facilities and other costs associated with the termination of the Alaskan OTH-B radar program and powerplant lease, or the transfer and modification of facilities and material located at or procured for the Alaskan OTH-B radar program or powerplant to any other Department of Defense activity or program at the OTH-B radar powerplant site. Kurdish Protection Force (transfer of funds) Sec. 103. In addition to other transfer authority granted by this or any other Act, and under the terms and conditions of the “Operation Desert Shield/Desert Storm Supplemental Appropriations Act, 1991” (Public Law 102–28), the Secretary of Defense may transfer not to exceed $100,000,000 for costs incurred during fiscal years 1991 and 1992 from the Defense Cooperation Account, or as appropriate, the Persian Gulf Regional Defense Fund to appropriate Department of Defense appropriations for costs incurred through February 1992 in support of United States military forces in and around Iraq and Turkey known as the Kurdish Protection or Ready Reaction Force. Restriction on Arms Sales to Saudi Arabia and Kuwait Sec. 104. (a) No funds appropriated or otherwise made available by this or any other Act may be used in any fiscal year to conduct, support, or administer any sale of defense articles or defense services to Saudi Arabia or Kuwait until that country has paid in full, either in cash or in mutually agreed in-kind contributions, the following commitments made to the United States to support Operation Desert Shield/Desert Storm: (1) In the case of Saudi Arabia, $16,839,000,000. (2) In the case of Kuwait, $16,006,000,000. (b) For purposes of this section, the term “any sale” means any sale with respect to which the President is required to submit a numbered certification to the Congress pursuant to the Arms Export Control Act on or after the effective date of this section. (c) This section shall take effect 120 days after the date of enactment of this joint resolution. (d) Any military equipment of the United States, including battle tanks, armored combat vehicles, and artillery, included within the Conventional Forces in Europe Treaty definition of “conventional armaments and equipment limited by the Treaty”, which may be transferred to any other NATO country shall be subject to the notification procedures stated in section 523 of Public Law 101–513 and in section 634A of the Foreign Assistance Act of 1961. Middle East Humanitarian Relief Sec. 105. (a) Of the funds appropriated from the Defense Cooperation Account for the Kurdish Ready Reaction Force, up to $15,000,000 may be made available only for the prepositioning of relief supplies in the Middle East to meet emergency Kurdish and other Iraqi-related humanitarian needs and related transportation costs. (b) In addition, the Secretary of Defense may transfer up to $15,000,000 in additional funds from the Defense Cooperation Account to the appropriate appropriations accounts within the Department of Defense for these Kurdish and other Iraqi-related humanitarian purposes. Classified Program Sec. 106. (a) In section 110 of the Classified Annex incorporated into the Department of Defense Appropriations Act, 1992, the matter beginning with “Notwithstanding” and ending with “Provided, That” shall have no force or effect. (b) The funds described in section 110 of such Classified Annex may be obligated for the program described therein only in accordance with the Classified Annex incorporated into the National Defense Authorization Act for Fiscal Years 1992 and 1993. Sec. 107. None of the funds available to the Department of Defense in fiscal year 1992 may be used by the Department of the Army to award a contract for the procurement of four-ton dolly jacks if such equipment is or would be manufactured outside the United States of America and would be procured under any contract, agreement, arrangement, compact or other such instrument for which any provisions including price differential provisions of the Buy American Act of 1933, as amended, or any other Federal buy national law was waived: Provided, That the Secretary of the Army may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes. (transfer of funds) Sec. 108. In addition to other transfer authority available to the Department of Defense, the Secretary of Defense may transfer from amounts appropriated to the Department of Defense for fiscal year 1992 for operation and maintenance or from balances in working capital accounts established under section 2208 of title 10, United States Code, not to exceed $400,000,000, to the appropriate accounts within the Department of Defense for reducing the Soviet nuclear threat and for the purposes set forth in the Soviet Nuclear Threat Reduction Act of 1991 contained in H.R. 3807, as passed the Senate on November 25, 1991, and under the terms and conditions of such Act: Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds. (transfer of funds) Sec. 109. In addition to other transfer authority available to the Department of Defense, the Secretary of Defense, upon the declaration of an emergency by the President under the terms of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, may transfer from amounts appropriated to the Department of Defense for fiscal year 1992 or from balances in working capital accounts established under section 2208 of title 10, United States Code, not to exceed $100,000,000, to the appropriate accounts within the Department of Defense, in order to transport by military or commercial means, food, medical supplies, and other types of humanitarian assistance to the Soviet Union, or its Republics, or localities therein—with the consent of the relevant Republic government or its independent successor—in order to address emergency conditions which may arise therein, and for the purposes set forth in section 301 of H.R. 3807, as passed the Senate on November 25, 1991, and under the terms and conditions of such section 301 of H.R. 3807: Provided, That the readiness of the United States Armed Forces shall not be diminished by such transfer of funds: Provided further. That the Committees on Appropriations be notified of transfers under this provision fifteen days in advance. CHAPTER II DEPARTMENT OF VETERANS AFFAIRS Administrative Provision Section 518(a) of the “General Provisions” in H.R. 2519, the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992, is amended by striking out “Section 662A(c)” and inserting in lieu thereof “Section 1722A(c)”. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Administrative Provision—Home Section 217(a) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12747(a)) is amended— (1) in the first sentence of paragraph (1), by inserting “and after reserving amounts for the insular areas under paragraph (3)” before the first comma; and (2) by adding at the end the following new paragraph: “(3) Insular Areas.— For each fiscal year, of any amounts approved in appropriations Acts to carry out this title, the Secretary shall reserve for grants to the insular areas the greater of (A) $750,000, or (B) 0.5 percent of the amounts appropriated under such Acts. The Secretary shall provide for the distribution of amounts reserved under this paragraph among the insular areas pursuant to specific criteria for such distribution. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment.”. Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended— (1) in paragraph (1), by striking “Guam” and all that follows through “American Samoa,”; and (2) by adding at the end the following new paragraph: “(24) The term ‘insular area’ means any of the following: Guam, the Northern Mariana Islands, the Virgin Islands, and American Samoa.”. Administrative Provision—Staffing The Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (H.R. 2519), is amended— (1) in the appropriating paragraph entitled “Personal Services and Travel, Office of Public and Indian Housing” by striking “$10,424,000” and inserting in lieu thereof “$12,788,000” each time it appears in the paragraph; (2) in the appropriating paragraph entitled “Personal Services and Travel, Office of Policy Development and Research” by striking “$10,705,000” and inserting in lieu thereof “$8,717,000” each time it appears in the paragraph; and (3) in the appropriating paragraph entitled “Personal Services and Travel, Office of General Counsel” by striking “$14,985,000” and inserting in lieu thereof “$14,609,000” each time it appears in the paragraph. INDEPENDENT AGENCIES Court of Veterans Appeals salaries and expenses Of the funds made available under this head in Public Law 102–139, not to exceed $950,000, to remain available until September 30, 1993, shall be available for the purpose of providing financial assistance (through grant or contract made, to the maximum extent feasible, not later than 150 days after enactment of this Act) to facilitate the furnishing of legal and other assistance, without charge, to veterans and other persons who are unable to afford the cost of legal representation in connection with decisions to which section 7252(a) of title 38, United States Code, may apply, or with other proceedings in the Court, through a program that furnishes case screening and referral, training and education for attorney and related personnel, and encouragement and facilitation of pro bono representation by members of the bar and law school clinical and other appropriate programs, such as veterans service organizations, and through defraying expenses incurred in providing representation to such persons: Provided, That such grants or contracts shall be made by the Legal Services Corporation pursuant to a reimbursable payment from the United States Court of Veterans Appeals for the purposes described herein: Provided further, That the Legal Services Corporation is authorized to receive a reimbursable payment from the United States Court of Veterans Appeals for the purpose of providing the financial assistance described herein: Provided further, That no funds made available herein shall be used for the payment of attorney fees: Provided further, That, not later than 180 days after the enactment of this Act, and, again, not later than one year after a grant or contract is made pursuant to the provisions of this paragraph, the Legal Services Corporation and the United States Court of Veterans Appeals shall report to the appropriate committees of the Congress regarding the implementation of the provisions of this paragraph. Environmental Protection Agency administrative provision Of the funds appropriated for the wastewater treatment facilities fund under title VI of the Federal Water Pollution Control Act, up to one-half of one per centum may be made available by the Administrator for direct grants to Indian tribes for construction of wastewater treatment facilities. FEDERAL EMERGENCY MANAGEMENT AGENCY Disaster Relief (including transfer of funds) For emergency disaster assistance payments necessary to provide for expenses in presidentially-declared disasters under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, an additional amount for “Disaster relief”, $943,000,000, to remain available until expended, of which $143,000,000 shall be available only after submission to the Congress of a formal budget request by the President designating the $143,000,000 as an emergency: Provided, That up to $1,250,000 of the funds made available under this heading may be transferred to, and merged with, amounts made available to the Federal Emergency Management Agency under the heading “Salaries and expenses” in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139): Provided further, That hereafter, beginning in fiscal year 1993, and in each year thereafter, notwithstanding any other provision of law, all amounts appropriated for disaster assistance payments under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) that are in excess of either the historical annual average obligation of $320,000,000, or the amount submitted in the President’s initial budget request, whichever is lower, shall be considered as “emergency requirements” pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985, and such amounts shall hereafter be so designated. National Aeronautics and Space Administration research and development The last proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990 (Public Law 101–144), is hereby deleted. National Commission on Severely Distressed Public Housing salaries and expenses (transfer of funds) For necessary expenses of the National Commission on Severely Distressed Public Housing, in carrying out its functions under title V of the Department of Housing and Urban Development Reform Act of 1989 (Public Law 101–235), $250,000, to remain available until expended, to be derived by transfer from amounts provided to the Department of Housing and Urban Development under the heading “Salaries and expenses” in Public Law 102–139.Energy Policy Act of 1992
Pub. L. 102–486 title I § 105(a) · 106 Stat. 2776
Added · 42 U.S.C. § 12704(24)
Pub. L. 102–486 added par. (24) defining “energy efficient mortgage”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–486 added par. (24) defining “energy efficient mortgage”.Enacted provision · exact public law section
(a) Definition of Energy Efficient Mortgage.— Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended by adding at the end the following new paragraph: “(24) The term ‘energy efficient mortgage’ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.”.Housing and Community Development Act of 1992
Pub. L. 102–550 § 211(a)(1) · 106 Stat. 3672
Amended · 42 U.S.C. § 12704(1)
Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(1), had not been enacted. See 1991 Amendment note below
Source evidence
Code amendment note
Par. (1). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(1), had not been enacted. See 1991 Amendment note below.Enacted provision · exact public law section
(1) Definitions.— Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended to read as if the amendments made by section 2 of Public Law 102–230 (105 Stat. 1720) had not been enacted.Housing and Community Development Act of 1992
Pub. L. 102–550 § 217(a) · 106 Stat. 3672
Inserted · 42 U.S.C. § 12704(6)
Pub. L. 102–550, § 217(a), inserted concluding provisions
Source evidence
Code amendment note
Par. (6). Pub. L. 102–550, § 217(a), inserted concluding provisions.Enacted provision · exact public law section
(a) In General.— Section 104(6) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(6)) is amended by adding at the end the following new flush material: “In the case of an organization serving more than one county, the Secretary may not require that such organization, to be considered a community housing development organization for purposes of this Act, include as members on the organization’s governing board low-income persons residing in each county served.”.Housing and Community Development Act of 1992
Pub. L. 102–550 § 218 · 106 Stat. 3672
Inserted · 42 U.S.C. § 12704(8)
Pub. L. 102–550, § 218, inserted before period at end “and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings”
Source evidence
Code amendment note
Par. (8). Pub. L. 102–550, § 218, inserted before period at end “and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings”.Enacted provision · exact public law section
SEC. 218. INCLUSION OF ECHO HOUSING IN DEFINITION OF HOUSING. Section 104(8) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(8)) is amended by inserting before the period at the end the following: “and elder cottage housing opportunity units that are small, free-standing barrier-free, energy- efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings”.Housing and Community Development Act of 1992
Pub. L. 102–550 § 219 · 106 Stat. 3672
Added · 42 U.S.C. § 12704(14)(C)
Pub. L. 102–550, § 219, added subpar. (C)
Source evidence
Code amendment note
Par. (14)(C). Pub. L. 102–550, § 219, added subpar. (C).Enacted provision · exact public law section
SEC. 219. ELIGIBILITY OF MANUFACTURED HOME OWNERS AS FIRST-TIME HOMEBUYERS. Section 104(14) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(14)) is amended— (1) in subparagraph (A), by striking “and” at the end; (2) in subparagraph (B), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(C) an individual shall not be excluded from consideration as a first-time homebuyer under this paragraph on the basis that the individual owns or owned, as a principal residence during such 3-year period, a dwelling unit whose structure is— “(i) not permanently affixed to a permanent foundation in accordance with local or other applicable regulations, or “(ii) not in compliance with State, local, or model building codes, or other applicable codes, and cannot be brought into compliance with such codes for less than the cost of constructing a permanent structure.”.Housing and Community Development Act of 1992
Pub. L. 102–550 § 211(a)(1) · 106 Stat. 3672
Amended · 42 U.S.C. § 12704(24)
Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below
Source evidence
Code amendment note
Par. (24). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below.Enacted provision · exact public law section
(1) Definitions.— Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is amended to read as if the amendments made by section 2 of Public Law 102–230 (105 Stat. 1720) had not been enacted.Housing and Community Development Act of 1992
Pub. L. 102–550 § 914(a) · 106 Stat. 3672
Added · 42 U.S.C. § 12704(25)
Pub. L. 102–550, § 914(a), added par. (25)
Source evidence
Code amendment note
Par. (25). Pub. L. 102–550, § 914(a), added par. (25).Enacted provision · exact public law section
(a) Definition of Energy Efficient Mortgage.— Section 104 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704), as amended by section 21(a)(1) of this Act, is further amended by adding at the end the following new paragraph: “(25) The term ‘energy efficient mortgage’ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.Multifamily Housing Property Disposition Reform Act of 1994
Pub. L. 103–233 title II § 201 · 108 Stat. 342
Struck and inserted · 42 U.S.C. § 12704(2)
Pub. L. 103–233 struck out “and” after “Columbia,” and inserted before period at end “, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act”
Source evidence
Code amendment note
Par. (2). Pub. L. 103–233 struck out “and” after “Columbia,” and inserted before period at end “, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act”.Enacted provision · exact public law section
SEC. 201. PARTICIPATION BY STATE AGENCIES OR INSTRUMENTALITIES. Section 104(2) of the CranstonGonzalez National Affordable Housing Act (42 U.S.C. 12704(2)) is amended— (1) by striking “and” after “Columbia,”; and (2) by inserting before the period at the end the following: “, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act”.Effective date note
Amendment by Pub. L. 103–233 applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of this chapter after Apr. 11, 1994, and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title.Pub. L. 119–101 § 501(b) · 140 Stat. 907
Struck · 42 U.S.C. § 12704(6)(B)
Pub. L. 119–101, § 501(b), struck out “significant” before “representation”
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (6)(B). Pub. L. 119–101, § 501(b), struck out “significant” before “representation”.Pub. L. 119–101 § 501(v)(4)(A) · 140 Stat. 907
Redesignated · 42 U.S.C. § 12704(22)
Pub. L. 119–101, § 501(v)(4)(A), redesignated par. (23) as (22)
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (22). Pub. L. 119–101, § 501(v)(4)(A), redesignated par. (23) as (22).Pub. L. 119–101 § 501(v)(4)(B) · 140 Stat. 907
Redesignated · 42 U.S.C. § 12704(23); 42 U.S.C. § 12704(24)
Pub. L. 119–101, § 501(v)(4)(B), which directed the redesignation of par. (24) defining “insular area”, as added by section 2(2) of Pub. L. 102–230, as (23), was executed by redesignating par. (24) defining “insular area”, as added by title I of Pub. L. 102–229, as (23) to reflect the probable intent of Congress. Section 211(a)(1) of Pub. L. 102–550 amended this section to read as if the amendment made by Pub. L. 102–230 had not been enacted. See 1992 Amendment note below
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pars. (23), (24). Pub. L. 119–101, § 501(v)(4)(B), which directed the redesignation of par. (24) defining “insular area”, as added by section 2(2) of Pub. L. 102–230, as (23), was executed by redesignating par. (24) defining “insular area”, as added by title I of Pub. L. 102–229, as (23) to reflect the probable intent of Congress. Section 211(a)(1) of Pub. L. 102–550 amended this section to read as if the amendment made by Pub. L. 102–230 had not been enacted. See 1992 Amendment note below.Pub. L. 119–101 § 501 · 140 Stat. 907
Added · 42 U.S.C. § 12704(25)
Pub. L. 119–101, § 501(l)(4), added par. (25)
Struck · 42 U.S.C. § 12704(25)
Pub. L. 119–101, § 501(l)(4), struck out former par. (25) which read as follows: “The term ‘energy efficient mortgage’ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.”
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (25). Pub. L. 119–101, § 501(l)(4), added par. (25) and struck out former par. (25) which read as follows: “The term ‘energy efficient mortgage’ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.”Pub. L. 119–101 § 501(r) · 140 Stat. 907
Added · 42 U.S.C. § 12704(26)
Pub. L. 119–101, § 501(r), added par. (26)
Unresolved: Pub. L. 119–101 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Par. (26). Pub. L. 119–101, § 501(r), added par. (26).
11 of 19 references resolved to an enrolled provision · 2 partial · 6 unresolved
Editorial Notes
References in Text
This Act, referred to in pars. (1), (2), (6), (16), and (21), is Pub. L. 101–625, , 104 Stat. 4079, known as the Cranston-Gonzalez National Affordable Housing Act. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of this title and Tables.
Amendments1991–2026 · 4 rounds
2026
Par. (6)(B). Pub. L. 119–101, § 501(b), struck out “significant” before “representation”.
Par. (22). Pub. L. 119–101, § 501(v)(4)(A), redesignated par. (23) as (22).
Pars. (23), (24). Pub. L. 119–101, § 501(v)(4)(B), which directed the redesignation of par. (24) defining “insular area”, as added by section 2(2) of Pub. L. 102–230, as (23), was executed by redesignating par. (24) defining “insular area”, as added by title I of Pub. L. 102–229, as (23) to reflect the probable intent of Congress. Section 211(a)(1) of Pub. L. 102–550 amended this section to read as if the amendment made by Pub. L. 102–230 had not been enacted. See 1992 Amendment note below.
Par. (25). Pub. L. 119–101, § 501(l)(4), added par. (25) and struck out former par. (25) which read as follows: “The term ‘energy efficient mortgage’ means a mortgage that provides financing incentives for the purchase of energy efficient homes, or that provides financing incentives to make energy efficiency improvements in existing homes by incorporating the cost of such improvements in the mortgage.”
Par. (26). Pub. L. 119–101, § 501(r), added par. (26).
1994
Par. (2). Pub. L. 103–233 struck out “and” after “Columbia,” and inserted before period at end “, or any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive officer to act on behalf of the State with regard to the provisions of this Act”.
1992
Par. (1). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(1), had not been enacted. See 1991 Amendment note below.
Par. (6). Pub. L. 102–550, § 217(a), inserted concluding provisions.
Par. (8). Pub. L. 102–550, § 218, inserted before period at end “and elder cottage housing opportunity units that are small, free-standing, barrier-free, energy-efficient, removable, and designed to be installed adjacent to existing 1- to 4-family dwellings”.
Par. (14)(C). Pub. L. 102–550, § 219, added subpar. (C).
Par. (24). Pub. L. 102–550, § 211(a)(1), amended this section to read as if amendment made by Pub. L. 102–230, § 2(2), had not been enacted. See 1991 Amendment note below.
Pub. L. 102–486 added par. (24) defining “energy efficient mortgage”.
Par. (25). Pub. L. 102–550, § 914(a), added par. (25).
1991
Par. (1). Pub. L. 102–230, § 2(1), directed the substitution of “the insular areas” for “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia and Palau, the Marshall Islands”. See 1992 Amendment note above.
Pub. L. 102–229 struck out “Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa,” after “of a State;”.
Par. (24). Pub. L. 102–230, § 2(2), directed the addition of a par. (24) to read as follows: “(24) The term ‘insular areas’ means Guam, the Northern Mariana Islands, the United States Virgin Islands, and American Samoa.” See 1992 Amendment note above.
Pub. L. 102–229 added par. (24) defining “insular area”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–233 applicable with respect to any amounts made available to carry out subchapter II (§ 12721 et seq.) of this chapter after , and any amounts made available to carry out that subchapter before that date that remain uncommitted on that date, with Secretary to issue any regulations necessary to carry out such amendment not later than end of 45-day period beginning on that date, see section 209 of Pub. L. 103–233, set out as a note under section 5301 of this title.
Effective Date of 1992 Amendment
Pub. L. 102–550, title II, § 211(b), , 106 Stat. 3757, provided that: “The amendments made by subsection (a) [amending this section and section 12747 of this title] shall apply with respect to fiscal year 1993 and thereafter.”
Pub. L. 102–550, title II, § 223, , 106 Stat. 3762, provided that: “The amendments made by this title [enacting section 12810 of this title and amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title] shall apply to unexpended funds allocated under title II of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12721 et seq.] in fiscal year 1992, except as otherwise specifically provided.”
Regulations
Pub. L. 102–550, title II, § 222, , 106 Stat. 3762, provided that: “The Secretary of Housing and Urban Development shall issue any final regulations necessary to implement the provisions of this title [enacting section 12810 of this title, amending this section and sections 12705, 12724, 12742, 12745 to 12748, 12750, 12771, 12773, 12774, 12782, and 12784 of this title, and enacting provisions set out as notes under this section and sections 12746, 12747, and 12750 of this title] and the amendments made by this title not later than the expiration of the 180-day period beginning on the date of the enactment of this Act [], except as expressly provided otherwise in this title and the amendments made by this title. Such regulations shall be issued after notice and opportunity for public comment pursuant to the provisions of section 553 of title 5, United States Code (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section).”
Transition Rule
Pub. L. 102–550, title II, § 217(b), , 106 Stat. 3760, provided that: “For the purposes of determining compliance with the requirements of section 104(6) of the Cranston-Gonzalez National Affordable Housing Act [42 U.S.C. 12704(6)], the Secretary of Housing and Urban Development may provide an exception for organizations that meet the definition of community housing development organization, except for significant representation of low-income community residents on the board, if such organization fulfills such requirement within 6 months of receiving funds under title II of such Act [42 U.S.C. 12721 et seq.] or , whichever is sooner.”
Credits
1990–2026 · 7 acts
- 1990Pub. L. 101–625, title I, § 104, , 104 Stat. 4085
- 1991Pub. L. 102–229, title I, , 105 Stat. 1709
- 1991Pub. L. 102–230, § 2, , 105 Stat. 1720
- 1992Pub. L. 102–486, title I, § 105(a), , 106 Stat. 2792
- 1992Pub. L. 102–550, title II, §§ 211(a)(1), 217(a), 218, 219, title IX, § 914(a), , 106 Stat. 3756, 3760, 3761, 3877
- 1994Pub. L. 103–233, title II, § 201, , 108 Stat. 363
- 2026Pub. L. 119–101, title V, § 501(b), (l)(4), (r), (v)(4), , 140 Stat. 907, 912, 914, 917.
Show as published
(Pub. L. 101–625, title I, § 104, , 104 Stat. 4085; Pub. L. 102–229, title I, , 105 Stat. 1709; Pub. L. 102–230, § 2, , 105 Stat. 1720; Pub. L. 102–486, title I, § 105(a), , 106 Stat. 2792; Pub. L. 102–550, title II, §§ 211(a)(1), 217(a), 218, 219, title IX, § 914(a), , 106 Stat. 3756, 3760, 3761, 3877; Pub. L. 103–233, title II, § 201, , 108 Stat. 363; Pub. L. 119–101, title V, § 501(b), (l)(4), (r), (v)(4), , 140 Stat. 907, 912, 914, 917.)