§ 1439. Local housing assistance plan

Footnotes

1. 1 So in original. The comma probably should be “or”.
2. 2 So in original. The word “or” and the comma probably should not appear.
3. 3 See References in Text note below.
4. 4 So in original. Probably should be “section”.

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.

1. 1974

   Housing and Community Development Act of 1974

   Pub. L. 93–383 title II § 213 · 88 Stat. 634

   Enacted · 42 U.S.C. § 1439

   Pub. L. 93–383, title II, § 213, Aug. 22, 1974, 88 Stat. 674

   Source evidence

   Code source credit
   Pub. L. 93–383, title II, § 213, Aug. 22, 1974, 88 Stat. 674

   Enacted provision · exact public law section
   Sec. 213. local housing assistance plans; allocation of housing funds (a) (1) The Secretary of Housing and Urban Development, 42 USC 1439. upon receiving an application for housing assistance under the Ante, p, 653. 12 USC 1715z, 1715z–1. 12 USC 1701s note. 12 USC 1701q. United States Housing Act of 1937, section 235 or 236 of the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or section 202 of the Housing Act of 1959, if the unit of general local government in which the proposed assistance is to be provided has an approved housing assistance plan, shall— (A) not later than ten days after receipt of the application, notify the chief executive officer of such unit of general local government that such application is under consideration; and (B) afford such unit of general local government the opportunity, during the thirty-day period beginning on the date of such notification, to object to the approval of the application on the grounds that the application is inconsistent with its housing assistance plan. (2) If the unit of general local government objects to the application on the grounds that it is inconsistent with its housing assistance plan, the Secretary may not approve the application unless he determines that the application is consistent with such housing assistance plan. If the Secretary determines, that such application is consistent with the housing assistance plan, he shall notify the chief executive officer of the unit of general local government of his determination and the reasons therefor in writing. If the Secretary concurs with the objection of the unit of local government, he shall notify the applicant stating the reasons therefor in writing. (3) If the Secretary does not receive an objection by the close of the period referred to in paragraph (1)(B), he may approve the application unless he finds it inconsistent with the housing assistance plan. If the Secretary determines that an application is inconsistent with a housing assistance plan, he shall notify the applicant stating the reasons therefor in writing. (4) The Secretary shall make the determinations referred to in paragraphs (2) and (3) within thirty days after he receives an objection pursuant to paragraph (1)(B) or within thirty days after the close of the period referred to in paragraph (1)(B), whichever is earlier. (5) As used in this section, the term “housing assistance plan” “Housing assistance plan.” means a housing assistance plan submitted and approved under section 104 of this Act or, in the case of a unit of general local government not participating under title I of this Act, a housing plan approved by the Secretary as meeting the requirements of this section. (b) The provisions of subsection (a) shall not apply to— (1) applications for assistance involving 12 or fewer units in a single project or development; (2) applications for assistance with respect to housing in new community developments approved under title IV of the Housing and Urban Development Act of 1968 or title VII of the Housing 42 USC 3901. 42 USC 4501. and Urban Development Act of 1970 which the Secretary determines are necessary to meet the housing requirements under such title; or (3) applications for assistance with respect to housing financed by loans or loan guarantees from a State or agency thereof, except that the provisions of subsection (a) shall apply where the unit of general local government in which the assistance is to be provided objects in its housing assistance plan to the exemption provided by this paragraph. (c) For areas in which an approved local housing assistance plan is not applicable, the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection. (d) (1) In allocating financial assistance under the provisions of law specified in subsection (a) of this section, the Secretary, so far as practicable, shall consider the relative needs of different areas and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, or other objectively measurable conditions, subject to such adjustments as may be necessary to assist in carrying out activities designed to meet lower income housing needs as described in approved housing assistance plans submitted by units of general local government or combinations of such units assisted under section 107(a)(2) of this Act. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance. (2) In order to facilitate the provision of, and long-range planning for, housing for persons of low- and moderate-income in new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban Development Act of 1970, the Secretary shall reserve such housing 42 USC 4501. assistance funds as he deems necessary for use in connection with such new community developments. (3) The Secretary may reserve such housing assistance funds as he deems appropriate for use by a State or agency thereof.

2. 1977

   Housing and Community Development Act of 1977

   Pub. L. 95–128 title II § 207 · 91 Stat. 1111

   Inserted · 42 U.S.C. § 1439(d)(1)

   Pub. L. 95–128 inserted provision requiring the Secretary to assure that funds available for subsec. (a) housing assistance programs shall be allocated or reserved in accordance with goals described in local, State, or other housing assistance plans approved by the Secretary pursuant to section 5304 of this title and shall be utilized to meet needs reflected in data referred to in the preceding sentence

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 95–128 inserted provision requiring the Secretary to assure that funds available for subsec. (a) housing assistance programs shall be allocated or reserved in accordance with goals described in local, State, or other housing assistance plans approved by the Secretary pursuant to section 5304 of this title and shall be utilized to meet needs reflected in data referred to in the preceding sentence.

   Enacted provision · exact public law section
   Sec. 207. housing assistance plans Section 213(d)(1) of the Housing and Community Development Act of 1974 is amended by inserting after the first sentence the following new sentence: “The Secretary shall assure, to the maximum extent practicable in carrying out the national housing and community development objectives, that funds available for each housing assistance program referred to in subsection (a) shall be allocated or reserved in accordance with goals described in local, State, or other housing assistance plans approved by the Secretary Ante, p. 1114. pursuant to section 104, and shall be utilized to meet needs reflected in data referred to in the preceding sentence.”.

3. 1979

   Housing and Community Development Amendments of 1979

   Pub. L. 96–153 title II § 204 · 93 Stat. 1101

   1. Inserted · 42 U.S.C. § 1439(d)(1)

      Pub. L. 96–153 inserted provisions limiting allocation of assistance other than that approved in appropriation acts for use on and after Oct. 1, 1979 for modernization of low-income housing projects

   2. Inserted · 42 U.S.C. § 1439(d)(1)

      Pub. L. 96–153 inserted provision that any amounts allocated to a State or to areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts in accordance with the appropriate housing assistance plans within that fiscal year

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 96–153 inserted provisions limiting allocation of assistance other than that approved in appropriation acts for use on and after Oct. 1, 1979 for modernization of low-income housing projects and inserted provision that any amounts allocated to a State or to areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts in accordance with the appropriate housing assistance plans within that fiscal year.

   Enacted provision · exact public law section
   Sec. 204. section 213 allocation requirements (a) Section 213(d)(1) of the Housing and Community 42 USC 1439. Development Act of 1974 is amended by inserting after “In allocating financial assistance” in the first sentence the following: “(other than assistance approved in appropriation Acts for use on and after 42 USC 1437 note. October 1, 1979, under the United States Housing Act of 1937 for the purpose of modernization of low-income housing projects)”. (b) Section 213(d)(1) of such Act is amended by inserting before the last sentence the following: “Any amounts allocated to a State or to areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts in accordance with the appropriate housing assistance plans within that fiscal year.”.

4. 1980

   Housing and Community Development Act of 1980

   Pub. L. 96–399 title II § 202(d) · 94 Stat. 1614

   Substituted · 42 U.S.C. § 1439(d)(1)

   Pub. L. 96–399 substituted “carrying out section 14 of such Act” for “modernization of low-income housing projects”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 96–399 substituted “carrying out section 14 of such Act” for “modernization of low-income housing projects”.

   Enacted provision · exact public law section
   (d) Section 213(d)(1) of the Housing and Community Development 42 USC 1439. Act of 1974 is amended by striking out “modernization of low-income housing projects” and inserting in lieu thereof “carrying out section 14 of such Act”. Ante, p. 1625.

5. 1981

   Housing and Community Development Amendments of 1981

   Pub. L. 97–35 title III § 321(e) · 95 Stat. 357

   Added · 42 U.S.C. § 1439(d)(4)

   Pub. L. 97–35 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (d)(4). Pub. L. 97–35 added par. (4).

   Enacted provision · exact public law section
   (e) Section 213(d) of the Housing and Community Development Act Financial assistance, retention. 42 USC 1439. of 1974 is amended by adding at the end thereof a new paragraph to read as follows: “(4) Notwithstanding any other provision of law, with respect to fiscal years beginning after September 30, 1981, the Secretary of Housing and Urban Development may not retain more than 15 per centum of the financial assistance which becomes available under programs described in subsection (a)(1) during any fiscal year. Any Allocation use. such financial assistance which is retained shall be available for subsequent allocation to specific areas and communities, and may only be used for— “(A) unforeseeable housing needs, especially those brought on by natural disasters or special relocation requirements; “(B) support for the needs of the handicapped or for minority enterprise; “(C) providing for assisted housing as a result of the settlement of litigation; “(D) small research and demonstration projects; “(E) lower-income housing needs described in housing assistance plans, including activities carried out under areawide housing opportunity plans; and “(F) innovative housing programs or alternative methods for meeting lower-income housing needs approved by the Secretary, including assistance for infrastructure in connection with the Indian Housing Program.”.

6. 1983

   Domestic Housing and International Recovery and Financial Stability Act

   Pub. L. 98–181 § 201(a)(1) · 97 Stat. 1153

   Inserted · 42 U.S.C. § 1439(a)(1)

   Pub. L. 98–181, § 201(a)(1), inserted provision following subpar. (B) requiring that funds be utilized to meet the needs and goals identified in the unit of local government’s housing assistance plan

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 98–181, § 201(a)(1), inserted provision following subpar. (B) requiring that funds be utilized to meet the needs and goals identified in the unit of local government’s housing assistance plan.

   Enacted provision · exact public law section
   (1) Section 213(a)(1) of the Housing and Community Development Act of 1974 is amended by adding at the end thereof 42 USC 1439. the following: “Upon receiving an application for such housing assistance, the Secretary shall assure that funds made available under this section shall be utilized to the maximum extent practicable to meet the needs and goals identified in the unit of local government’s housing assistance plan.”.

7. 1983

   Domestic Housing and International Recovery and Financial Stability Act

   Pub. L. 98–181 § 201(a)(2) · 97 Stat. 1153

   1. Amended · 42 U.S.C. § 1439(d)(1)

      Pub. L. 98–181, § 201(a)(2), amended par. (1) generally

   2. Inserted · 42 U.S.C. § 1439(d)(1)

      Pub. L. 98–181, § 201(a)(2), inserting provision respecting assistance approved in appropriation Acts for sections 9 and 17 of the United States Housing Act of 1937 uses, requiring allocation of assistance to be based on a formula contained in a regulation, making the relative needs provision applicable to different States

   3. Struck · 42 U.S.C. § 1439(d)(1)

      Pub. L. 98–181, § 201(a)(2), striking out requirement that Secretary assure, in carrying out national housing and community development objectives, that funds available for housing assistance programs be allocated or reserved in accordance with goals described in approved housing assistance plans

   4. Struck · 42 U.S.C. § 1439(d)(1)

      Pub. L. 98–181, § 201(a)(2), striking out provision respecting allocation of funds for nonmetropolitan areas, which was reenacted as last sentence of par. (2)

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 98–181, § 201(a)(2), amended par. (1) generally, inserting provision respecting assistance approved in appropriation Acts for sections 9 and 17 of the United States Housing Act of 1937 uses, requiring allocation of assistance to be based on a formula contained in a regulation, making the relative needs provision applicable to different States, striking out requirement that Secretary assure, in carrying out national housing and community development objectives, that funds available for housing assistance programs be allocated or reserved in accordance with goals described in approved housing assistance plans, and striking out provision respecting allocation of funds for nonmetropolitan areas, which was reenacted as last sentence of par. (2).

   Enacted provision · exact public law section
   (2) Section 213(d) of such Act is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) The Secretary shall allocate assistance referred to in subsection (a) (other than assistance approved in appropriation Acts for use under sections 9, 14, and 17 of the United States Housing Act of 42 USC 1437g, 1437l, post, p. 1196. 1937) the first time it is available for reservation on the basis of a formula which is contained in a regulation prescribed by the Secretary, and which is based on the relative needs of different States, areas, and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, and other objectively measurable conditions specified in such regulation. Any amounts allocated to a State or areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts within that same fiscal year. “(2) Not later than sixty days after approval in an appropriation Act, the Secretary shall allocate from the amounts available for use in nonmetropolitan areas an amount of authority for assistance 42 USC 1437f. under section 8(d) of the United States Housing Act of 1937 determined in consultation with the Secretary of Agriculture for use in Post, p. 1250. connection with section 532 of the Housing Act of 1949 during the fiscal year for which such authority is approved. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance.”.

8. 1983

   Domestic Housing and International Recovery and Financial Stability Act

   Pub. L. 98–181 § 201(a)(2) · 97 Stat. 1153

   1. Amended · 42 U.S.C. § 1439(d)(2)

      Pub. L. 98–181, § 201(a)(2), amended par. (2) generally

   2. Inserted · 42 U.S.C. § 1439(d)(2)

      Pub. L. 98–181, § 201(a)(2), inserting provision respecting allocation of nonmetropolitan area funds for use in connection with section 1490l of this title; reenacting as second sentence provision respecting amount of funds allocated for nonmetropolitan areas, which formerly constituted last sentence of par. (1);

   3. Struck · 42 U.S.C. § 1439(d)(2)

      Pub. L. 98–181, § 201(a)(2), striking out former provision respecting reservation of housing assistance funds for new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban Development Act of 1970 for persons of low- and moderate-income

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 98–181, § 201(a)(2), amended par. (2) generally, inserting provision respecting allocation of nonmetropolitan area funds for use in connection with section 1490l of this title; reenacting as second sentence provision respecting amount of funds allocated for nonmetropolitan areas, which formerly constituted last sentence of par. (1); and striking out former provision respecting reservation of housing assistance funds for new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban Development Act of 1970 for persons of low- and moderate-income.

   Enacted provision · exact public law section
   (2) Section 213(d) of such Act is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: “(1) The Secretary shall allocate assistance referred to in subsection (a) (other than assistance approved in appropriation Acts for use under sections 9, 14, and 17 of the United States Housing Act of 42 USC 1437g, 1437l, post, p. 1196. 1937) the first time it is available for reservation on the basis of a formula which is contained in a regulation prescribed by the Secretary, and which is based on the relative needs of different States, areas, and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, and other objectively measurable conditions specified in such regulation. Any amounts allocated to a State or areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts within that same fiscal year. “(2) Not later than sixty days after approval in an appropriation Act, the Secretary shall allocate from the amounts available for use in nonmetropolitan areas an amount of authority for assistance 42 USC 1437f. under section 8(d) of the United States Housing Act of 1937 determined in consultation with the Secretary of Agriculture for use in Post, p. 1250. connection with section 532 of the Housing Act of 1949 during the fiscal year for which such authority is approved. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance.”.

9. 1984

   Housing and Community Development Technical Amendments Act of 1984

   Pub. L. 98–479 title I § 102(e) · 98 Stat. 2218

   Substituted · 42 U.S.C. § 1439(d)(2)

   Pub. L. 98–479 substituted “section 1490m of this title” for “section 1490l of this title”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 98–479 substituted “section 1490m of this title” for “section 1490l of this title”.

   Enacted provision · exact public law section
   (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”.

10. 1988

    Housing and Community Development Act of 1987

    Pub. L. 100–242 title V § 522(a) · 101 Stat. 1815

    Added · 42 U.S.C. § 1439(e)

    Pub. L. 100–242 added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–242 added subsec. (e).

    Enacted provision · exact public law section
    (a) Housing Assistance.— Section 213 of the Housing and 12 USC 1439. Community Development Act of 1974 is amended by adding at the end the following new subsection: “(e) Contracts. From budget authority made available in appropriation Acts for fiscal year 1988, the Secretary shall enter into an annual contributions contract for a term of 180 months to obligate sufficient funds to provide assistance payments pursuant to section 8(b)(1) of the United States Housing Act of 1937 on behalf of 500 lower income families from budget authority made available for fiscal year 1988, so long as such families occupy properties in the Park Central New Community Project or in adjacent areas that are recognized by the unit of general local government in which such Project is located as being included within the Park Central New Town In Town Project. If a lower income family receiving assistance payments pursuant to this subsection ceases to qualify for assistance payments pursuant to the provisions of section 8 of such Act or of this subsection during the 180-month term of the annual contributions contract, assistance payments shall be made on behalf of another lower income family who occupies a unit identified in the previous sentence.”.

11. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 101(e) · 103 Stat. 1987

    Struck · 42 U.S.C. § 1439(a)(1)

    Pub. L. 101–235, § 101(e), struck out “section 235 or 236 of the National Housing Act,” before “section 101 of the Housing and Urban Development Act of 1965”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–235, § 101(e), struck out “section 235 or 236 of the National Housing Act,” before “section 101 of the Housing and Urban Development Act of 1965”.

    Enacted provision · exact public law section
    (e) Conforming Amendment.— Section 213(a)(1) of the Housing 42 USC 1439. and Community Development Act of 1974 is amended by striking “section 235 or 236 of the National Housing Act,”.

12. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 101(a) · 103 Stat. 1987

    Amended · 42 U.S.C. § 1439(d)(1)

    Pub. L. 101–235, § 101(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall allocate assistance referred to in subsection (a) of this section (other than assistance approved in appropriation Acts for use under sections 9, 14, and 17 of the United States Housing Act of 1937) the first time it is available for reservation on the basis of a formula which is contained in a regulation prescribed by the Secretary, and which is based on the relative needs of different States, areas, and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, and other objectively measurable conditions specified in such regulation. Any amounts allocated to a State or areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts within that same fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 101–235, § 101(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary shall allocate assistance referred to in subsection (a) of this section (other than assistance approved in appropriation Acts for use under sections 9, 14, and 17 of the United States Housing Act of 1937) the first time it is available for reservation on the basis of a formula which is contained in a regulation prescribed by the Secretary, and which is based on the relative needs of different States, areas, and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, and other objectively measurable conditions specified in such regulation. Any amounts allocated to a State or areas or communities within a State which are not likely to be utilized within a fiscal year shall not be reallocated for use in another State unless the Secretary determines that other areas or communities within the same State cannot utilize the amounts within that same fiscal year.”

    Enacted provision · exact public law section
    (a) Assistance Subject to Formula Allocation.— Section 42 USC 1439. 213(d)(1) of the Housing and Community Development Act of 1974 is amended to read as follows: “(d) (1) (A) Except as provided by subparagraph (B), the Secretary shall allocate assistance referred to in subsection (a)(1) the first time it is available for reservation on the basis of a formula that is contained in a regulation prescribed by the Secretary, and that is based on the relative needs of different States, areas, and communities, as reflected in data as to population, poverty, housing over-crowding, housing vacancies, amount of substandard housing, and other objectively measurable conditions specified in the regulation. In allocating assistance under this paragraph for each program of housing assistance under subsection (a)(1), the Secretary shall apply the formula, to the extent practicable, in a manner so that the assistance under the program is allocated according to the particular relative needs under the preceding sentence that are characteristic of and related to the particular type of assistance provided under the program. Assistance under section 202 of the Housing Act of Aged persons. 1959 shall be allocated in a manner that ensures that awards of the assistance under such section are made for projects of sufficient size to accommodate facilities for supportive services appropriate to the needs of frail elderly residents. “(B) The formula allocation requirements of subparagraph (A) shall not apply to— “(i) assistance that is approved in appropriation Acts for use under sections 9 or 14, or the rental rehabilitation grant program under section 17, of the United States Housing Act of 1937, except that the Secretary shall comply with section 102 of the Department of Housing and Urban Development Reform Act of 1989 with respect to such assistance; or “(ii) other assistance referred to in subsection (a) that is Contracts. Indiana. approved in appropriation Acts for uses that the Secretary determines are incapable of geographic allocation, including amendments of existing contracts, renewal of assistance contracts, assistance to families that would otherwise lose assistance due to the decision of the project owner to prepay the project mortgage or not to renew the assistance contract, assistance to prevent displacement or to provide replacement housing in connection with the demolition or disposition of public and Indian housing, and assistance in support of the property disposition and loan management functions of the Secretary. “(C) Any allocation of assistance under subparagraph (A) shall, as determined by the Secretary, be made to the smallest practicable area, consistent with the delivery of assistance through a meaningful competitive process designed to serve areas with greater needs. “(D) Any amounts allocated to a State or areas or communities within a State that are not likely to be used within a fiscal year shall not be reallocated for use m another State, unless the Secretary determines that other areas or communities (that are eligible for assistance under the program) within the same State cannot use the amounts within that same fiscal year.“.

13. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 101(b) · 103 Stat. 1987

    Substituted · 42 U.S.C. § 1439(d)(2)

    Pub. L. 101–235, § 101(b), substituted “of the assistance that is subject to allocation under paragraph (1)(A)” for “of such assistance”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 101–235, § 101(b), substituted “of the assistance that is subject to allocation under paragraph (1)(A)” for “of such assistance”.

    Enacted provision · exact public law section
    (b) Allocation to Nonmetropolitan Areas.— The second sentence of section 213(d)(2) of the Housing and Community Development Act of 1974 is amended by striking “such assistance” and 42 USC 1439. inserting “the assistance that is subject to allocation under paragraph (1)(A)”.

14. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 104(a) · 103 Stat. 1987

    Amended · 42 U.S.C. § 1439(d)(4)

    Pub. L. 101–235, § 104(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding any other provision of law, with respect to fiscal years beginning after September 30, 1981, the Secretary of Housing and Urban Development may not retain more than 15 per centum of the financial assistance which becomes available under programs described in subsection (a)(1) of this section during any fiscal year. Any such financial assistance which is retained shall be available for subsequent allocation to specific areas and communities, and may only be used for—

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 101–235, § 104(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding any other provision of law, with respect to fiscal years beginning after September 30, 1981, the Secretary of Housing and Urban Development may not retain more than 15 per centum of the financial assistance which becomes available under programs described in subsection (a)(1) of this section during any fiscal year. Any such financial assistance which is retained shall be available for subsequent allocation to specific areas and communities, and may only be used for—

    “(A) unforeseeable housing needs, especially those brought on by natural disasters or special relocation requirements; “(B) support for the needs of the handicapped or for minority enterprise; “(C) providing for assisted housing as a result of the settlement of litigation; “(D) small research and demonstration projects; “(E) lower-income housing needs described in housing assistance plans, including activities carried out under areawide housing opportunity plans; and “(F) innovative housing programs or alternative methods for meeting lower-income housing needs approved by the Secretary, including assistance for infrastructure in connection with the Indian Housing Program.”

    Enacted provision · exact public law section
    (a) Funding Categories.— Section 213(d)(4) of the Housing and 42 USC 1439. Community Development Act of 1974 is amended to read as follows: “(4) (A) Notwithstanding any other provision of law, with respect to fiscal years beginning after September 30, 1990, the Secretary may retain not more than 5 percent of the financial assistance that becomes available under programs described in subsection (a)(1) during any fiscal year. Any such financial assistance that is retained shall be available for subsequent allocation to specific areas and communities, and may only be used for— “(i) unforeseen housing needs resulting from natural and other disasters; “(ii) housing needs resulting from emergencies, as certified by the Secretary, other than such disasters; “(iii) housing needs resulting from the settlement of litigation; and “(iv) housing in support of desegregation efforts. “(B) Any amounts retained in any fiscal year under subparagraph (A) that are unexpended at the end of such fiscal year shall remain available for the following fiscal year under the program under subsection (a)(1) from which the amount was retained. Such amounts shall be allocated on the basis of the formula under subsection (d)(1).”.

15. 1989

    Department of Housing and Urban Development Reform Act of 1989

    Pub. L. 101–235 § 101(c) · 103 Stat. 1987

    Added · 42 U.S.C. § 1439(d)(5)

    Pub. L. 101–235, § 101(c), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 101–235, § 101(c), added par. (5).

    Enacted provision · exact public law section
    (c) Competition for Assistance.— Section 213(d) of the Housing and Community Development Act of 1974 is amended by adding at the end the following new paragraph: “(5) (A) The Secretary shall not reserve or obligate assistance subject to allocation under paragraph (1)(A) to specific recipients, unless the assistance is first allocated on the basis of the formula contained in that paragraph and then is reserved and obligated pursuant to a competition. “(B) Any competition referred to in subparagraph (A) shall be conducted pursuant to specific criteria for the selection of recipients of assistance. The criteria shall be contained in— “(i) a regulation promulgated by the Secretary after notice and public comment; or “(ii) to the extent authorized by law, a notice published in the Federal Register. “(C) Subject to the times at which appropriations for assistance subject to paragraph (1)(A) may become available for reservation in any fiscal year, the Secretary shall take such steps as the Secretary deems appropriate to ensure that, to the maximum extent practicable, the process referred to in subparagraph (A) is carried out with similar frequency and at similar times for each fiscal year. “(D) This paragraph shall not apply to assistance referred to in paragraph (4).”.

16. 1990

    Pub. L. 101–494 § 5 · 104 Stat. 1185

    Inserted · 42 U.S.C. § 1439(d)(1)(A)

    Pub. L. 101–494 inserted after first sentence “The Secretary may allocate assistance under the preceding sentence in such a manner that each State shall receive not less than one-half of one percent of the amount of funds available for each program referred to in subsection (a)(1) in each fiscal year.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–494 inserted after first sentence “The Secretary may allocate assistance under the preceding sentence in such a manner that each State shall receive not less than one-half of one percent of the amount of funds available for each program referred to in subsection (a)(1) in each fiscal year.”

    Enacted provision · exact public law section
    SEC. 5. MINIMUM STATE ALLOCATION. Section 213(d)(1)(A) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(d)(1)(A)) is amended by inserting after the first sentence the following: “The Secretary may allocate assistance under the preceding sentence in such a manner that each State shall receive not less than one-half of one percent of the amount of funds available for each program referred to in subsection (a)(1) in each fiscal year.”. Approved October 31, 1990.

17. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 801(b) · 104 Stat. 4079

    Struck · 42 U.S.C. § 1439(a)(1)

    Pub. L. 101–625, § 801(b), struck out “section 202 of the Housing Act of 1959” before “, if the unit”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 101–625, § 801(b), struck out “section 202 of the Housing Act of 1959” before “, if the unit”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 213(a) of the Housing and Community Development Act of 1974 is amended by striking “section 42 USC 1439. 202 of the Housing Act of 1959”.

18. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 576 · 104 Stat. 4079

    Inserted · 42 U.S.C. § 1439(a)(5)

    Pub. L. 101–625, § 576, inserted at end “In developing a housing assistance plan under this paragraph a unit of general local government shall consult with local public agencies involved in providing for the welfare of children to determine the housing needs of (A) families identified by the agencies as having a lack of adequate housing that is a primary factor in the imminent placement of a child in foster care or in preventing the discharge of a child from foster care and reunification with his or her family; and (B) children who, upon discharge of the child from foster care, cannot return to their family or extended family and for which adoption is not available. The unit of general local government shall include in the housing assistance plan needs and goals with respect to such families and children.”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 101–625, § 576, inserted at end “In developing a housing assistance plan under this paragraph a unit of general local government shall consult with local public agencies involved in providing for the welfare of children to determine the housing needs of (A) families identified by the agencies as having a lack of adequate housing that is a primary factor in the imminent placement of a child in foster care or in preventing the discharge of a child from foster care and reunification with his or her family; and (B) children who, upon discharge of the child from foster care, cannot return to their family or extended family and for which adoption is not available. The unit of general local government shall include in the housing assistance plan needs and goals with respect to such families and children.”

    Enacted provision · exact public law section
    SEC. 576. CONSULTATION REGARDING FOSTER CARE CHILDREN IN DEVELOPMENT OF HOUSING ASSISTANCE PLAN. Section 213(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(a)(5)) is amended by inserting after the period at the end the following: “In developing a housing assistance plan under this paragraph a unit of general local government shall consult with local public agencies involved in providing for the welfare of children to determine the housing needs of (A) families identified by the agencies as having a lack of adequate housing that is a primary factor in the imminent placement of a child in foster care or in preventing the discharge of a child from foster care and reunification with his or her family; and (B) children who, upon discharge of the child from foster care, cannot return to their family or extended family and for which adoption is not available. The unit of general local government shall include in the housing assistance plan needs and goals with respect to such families and children.”.

19. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 556 · 104 Stat. 4079

    1. Amended · 42 U.S.C. § 1439(d)(1)(A)

       Pub. L. 101–625, § 556, designated existing provisions as cl. (i)

    2. Added · 42 U.S.C. § 1439(d)(1)(A)

       Pub. L. 101–625, § 556, added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A). Pub. L. 101–625, § 556, designated existing provisions as cl. (i) and added cl. (ii).

20. 1990

    Cranston-Gonzalez National Affordable Housing Act

    Pub. L. 101–625 § 804(e) · 104 Stat. 4079

    Inserted · 42 U.S.C. § 1439(d)(1)(A)(i)

    Pub. L. 101–625, § 804(e), which directed amendment of subpar. (A) by inserting after the period at end “The preceding sentence shall not apply to projects acquired from the Resolution Trust Corporation under section 1441a(c) of title 12.”, was executed by making the insertion after the period at end of cl. (i), to reflect the probable intent of Congress and the intervening amendment by Pub. L. 101–625, § 556. See above

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(i). Pub. L. 101–625, § 804(e), which directed amendment of subpar. (A) by inserting after the period at end “The preceding sentence shall not apply to projects acquired from the Resolution Trust Corporation under section 1441a(c) of title 12.”, was executed by making the insertion after the period at end of cl. (i), to reflect the probable intent of Congress and the intervening amendment by Pub. L. 101–625, § 556. See above.

    Enacted provision · exact public law section
    (e) Exemption From Project Size Requirement Regarding Support Services for Frail Elderly.— Section 213(d)(1)(A) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(d)(1)(A)) is amended by inserting after the period at the end the following new sentence: “The preceding sentence shall not apply to projects acquired from the Resolution Trust Corporation under section 21A(c) of the Federal Home Loan Bank Act.”.

21. 1992

    Pub. L. 102–389 title II · 106 Stat. 1571

    1. Amended · 42 U.S.C. § 1439(e)

       Pub. L. 102–389 and Pub. L. 102–550 amended subsec. (e) identically

    2. Substituted · 42 U.S.C. § 1439(e)

       Pub. L. 102–389 and Pub. L. 102–550 substituting “Jefferson County, Texas” for “the Park Central New Community Project or in adjacent areas that are recognized by the unit of general local government in which such Project is located as being included within the Park Central New Town In Town Project”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–389 and Pub. L. 102–550 amended subsec. (e) identically, substituting “Jefferson County, Texas” for “the Park Central New Community Project or in adjacent areas that are recognized by the unit of general local government in which such Project is located as being included within the Park Central New Town In Town Project”.

    Enacted provision · exact public law
    TITLE II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs homeownership and opportunity for people everywhere grants (hope grants) For the HOPE for Public and Indian Housing Homeownership Program as authorized under title III of the United States Housing Act of 1937 (42 U.S.C. 1437aaa et seq.) and subtitle A of title IV of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), $161,000,000; for the HOPE for Homeownership of Multifamily Units Program as authorized under subtitle B of title IV of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), $95,000,000; for the HOPE for Homeownership of Single Family Homes Program as authorized under subtitle C of title IV of the Cranston-Gonzalez National Affordable Housing Act, $95,000,000; and for the HOPE for Elderly Independence demonstration program as authorized under section 803(k) of the Cranston-Gonzalez National Affordable Housing Act, $10,000,000: Provided, That all amounts shall remain available until expended. Of the amounts provided under this heading for the HOPE for Homeownership of Multifamily Units Program, $10,000,000 shall be available for assistance to mutual housing associations, to the extent that such associations submit approvable grant applications under such program. Furthermore, $300,000,000 shall be for grants to carry out an urban revitalization demonstration program involving major reconstruction of severely distressed or obsolete public housing projects, to be administered by local public housing agencies: Provided, That such funding shall be made available to up to 15 cities selected from either the 40 most populous United States cities or, from any city whose housing authority was considered to have been on the Department’s troubled housing authorities list as of March 31, 1992: Provided further, That no more than $50,000,000 shall be provided to each participating municipality: Provided further, That no more than 500 units shall be funded for each participating city and such units shall be located in up to 3 separately defined areas containing the community’s most severely distressed projects, including family high-rise projects: Provided further, That at least 80 per centum of the funding provided to each participating public housing agency shall be used for the capital costs of major reconstruction, rehabilitation and other physical improvements, for the capital costs of replacement units and for certificates under section 8(b) used for replacement and for management improvements for the reconstructed project and for planning and technical assistance purposes and not more than 20 per centum shall be used for community service programs (as defined by the Commission on National and Community Service) and for supportive services, including, but not limited to, literacy training, job training, day care, youth activities, administrative expenses, and the permissive and mandatory services authorized under the Gateway Program established in the Family Support Centers demonstration program, provided for in 42 U.S.C. 11485e–f: Provided further, That each participating city shall make contributions for supportive services in an amount equal to 15 per centum of the funding provided for supportive services pursuant to the immediately preceding proviso: Provided further, That all such contributions from participating jurisdictions for supportive services shall be derived from non-Federal sources: Provided further, That each participating community shall submit a plan for program implementation which is consistent with the local comprehensive housing affordability strategy prepared pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act and which has the approval of the local governing body: Provided further, That each plan shall include a community services component, but no funds are to be disbursed pursuant to this paragraph until such community services program has been approved by the Commission on National and Community Service: Provided further, That funds made available pursuant to this paragraph may be used in conjunction with, but not in lieu of, funding provided under the head “Modernization of Low-Income Housing Projects” for the modernization of existing public housing projects pursuant to section 14 of the Act (42 U.S.C. 14371); for construction or major reconstruction of obsolete public housing, other than for Indian families; for the replacement of public housing units pursuant to section 18 of the Act; and for the HOPE for Public and Indian Housing Homeownership program as authorized under title III of the Act: Provided further, That notwithstanding the provisions of section 18(b)(3) of the Act, units demolished, disposed of or otherwise eliminated under this demonstration may be replaced as follows: one-third by certificates under section 8(b) and the balance by any combination of conventional public housing and units acquired or otherwise provided for homeownership under section 5(h) of the Act, housing made available through housing opportunity programs of construction or substantial rehabilitation of homes meeting essentially the same eligibility requirements as those established pursuant to sections 603–607 of the Housing and Community Development Act of 1987 (Public Law 100–242), or under the HOPE II or III programs, as established under sections 421 and 441 of the Cranston-Gonzalez National Affordable Housing Act; persons displaced by the reconstruction activities provided for herein shall be eligible for these replacement units: Provided further, That, in order to be eligible for funding under this paragraph, applications for funding must be received within 180 days from the date the Notice of Funds Availability is published in the Federal Register: Provided further, That the Secretary of the Department of Housing and Urban Development shall issue a notice of funds availability within 90 days of enactment of this paragraph: Provided further, That the Secretary shall determine which cities have been selected to participate in the program within 90 days of the timely receipt of the last eligible application: Provided further, That housing authorities, in submitting their application for funds under this paragraph, shall identify all severely distressed public housing developments, using the criteria set forth by the National Commission on Severely Distressed Public Housing: Provided further, That nothing in this paragraph shall prohibit the Secretary from conforming the program standards and criteria set forth herein, with subsequent authorization legislation that may be enacted into law: Provided further, That the authority in the immediately preceding proviso shall not apply to any legislation that excludes or otherwise limits self-sufficiency or community service activities set forth in this paragraph, or authorize reallocation of amounts available for obligation which are included in this paragraph: Provided further, That any troubled housing authority that applies for funds under this paragraph, shall not be eligible if the Secretary certifies to the Congress that they are not making substantial progress to eliminate their troubled status in accordance with section 6(j) of the Housing Act of 1937, as amended: Provided further, That in the event that communities applying for funding under this paragraph also request funding under any other HOPE program authorized under title III or title IV of the Cranston-Gonzalez National Affordable Housing Act, the Secretary shall process such applications concurrently and in an expeditious manner: Provided further, That, in the event that any application received from the cities initially selected to participate in this program is determined to be unacceptable, the Secretary shall select another city from the 40 most populous United States cities to receive funding under this paragraph: Provided further, That, in the event that communities selected to receive funding do not proceed in a manner consistent with the plan approved for that community, the Secretary may withdraw any unobligated balances of funding made available pursuant to this paragraph and distribute such funds to other eligible communities. Of the amount made available under this head in Public Law 102–139 for the HOPE for Homeownership of Multifamily Units Program as authorized under subtitle B of title IV of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), $3,000,000 shall be made available for a cooperative agreement between the Secretary of Housing and Urban Development and the National Center for Tenant Ownership in affiliation with the Harrison Institute at the Georgetown University Law Center, for the provision of technical assistance to potential recipients and recipients of grants under that program. home investment partnerships program For the HOME investment partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), as amended, $1,000,000,000 to remain available until expended: Provided, That in order to allocate the total amount provided, the Act shall be construed as follows: in section 216(3)(A), “$750,000” both places it appears shall be “$375,000”; in section 217(b)(2)(A), “$3,000,000” both places it appears shall be “$750,000”; in section 217(b)(2)(B), “$500,000” both places it appears shall be “$250,000”; and in section 217(b)(3), “$500,000” shall be “$250,000”. Hereafter, for purposes of amounts appropriated under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1992 (Public Law 102–139; 105 Stat. 736, 744), the per-unit cost limits established by the Secretary of Housing and Urban Development under section 212(d) of the HOME Investment Partnerships Act (42 U.S.C. 12742(d)) shall reflect the actual development costs in each area in a manner that ensures compliance with the matching contributions waiver provided under such heading in such Appropriations Act. 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) 0.2 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.” annual contributions for assisted housing (including transfers and rescission of funds) For assistance under the United States Housing Act of 1937, as amended (“the Act” herein) (42 U.S.C. 1437), not otherwise provided for, $8,936,731,000, to remain available until expended: Provided, That to be added to and merged with the foregoing amounts, there shall be up to $287,234,000, consisting of up to $24,000,000 of budget authority previously made available under the “Flexible subsidy fund” which remains unreserved at the end of fiscal year 1992; $18,934,000 of budget authority previously made available for the Nehemiah Housing Opportunity Fund which remains unreserved at the end of fiscal year 1992; and up to $244,300,000 of amounts of budget authority (and contract authority) reserved or obligated in prior years for the development or acquisition costs of public housing (including public housing for Indian families), for modernization of existing public housing projects (including such projects for Indian families), and, except as herein provided, for programs under section 8 of the Act (42 U.S.C. 14370, which are recaptured during fiscal year 1993: Provided further, That, from the foregoing total of $9,223,965,000, $257,320,000 shall be for the development or acquisition cost of public housing for Indian families, including amounts for housing under the mutual help homeownership opportunity program under section 202 of the Act (42 U.S.C. 1437bb); $400,000,000 shall be for the development or acquisition cost of public housing: Provided further, That of the $9,223,965,000 total under this head, $3,100,000,000 shall be for modernization of existing public housing projects pursuant to section 14 of the Act (42 U.S.C. 14371), including $4,750,000 for technical assistance and training under section 20 of the Act (42 U.S.C. 1437(r)) and $10,500,000 for the inspection of modernization units and provision of management and technical assistance for troubled Public Housing Authorities and Indian Housing Authorities: Provided further, That of the $9,223,965,000 total under this head, $25,000,000 shall be for public housing family investment centers as authorized in section 22 of the Act: Provided further, That of the $9,223,965,000 total under this head, $600,750,000 shall be for the section 8 existing housing certificate program (42 U.S.C. 1437f): Provided further, That of the $9,223,965,000 total provided under this head, $75,000,000 shall be for the foster child care program authorized under section 8(x) of the Act: Provided further, That of the $9,223,965,000 total pro-vided under this head, $581,750,000 shall be for the housing voucher program under section 8(o) of the Act (42 U.S.C. 1437f(o)); $1,350,000,000 shall be for amendments to section 8 contracts other than contracts for projects developed under section 202 of the Housing Act of 1959, as amended, including $70,000,000 which shall be for rental adjustments resulting from the application of an annual adjustment factor in accordance with section 801 of the Department of Housing and Urban Development Reform Act of 1989 (Public Law 101–235); $600,000,000 shall be for assistance for State or local units of government, tenant and nonprofit organizations to purchase projects where owners have indicated an intent to prepay mortgages and for assistance to be used as an incentive to prevent prepayment or for vouchers to aid eligible tenants adversely affected by mortgage prepayment, as authorized in the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), and of the $600,000,000 made available for such assistance, up to $25,000,000 shall be for use by nonprofit organizations, pursuant to the Emergency Low Income Housing Preservation Act of 1987, as amended by the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625), and for tenant and community-based nonprofit education, training and capacity building and the development of State and local preservation strategies; $50,000,000 for assistance to families with children to move out of areas with high concentrations of persons living in poverty; $93,032,000 shall be for section 8 assistance for property disposition; and $202,000,000 shall be for loan management: Provided further, That any amounts of budget authority provided herein that are used for loan management activities under section 8(b)(1) (42 U.S.C. 1437f(b)(1)) shall be obligated for a contract term that is no less than five years: Provided further, That those portions of the fees for the costs incurred in administering incremental units assisted in the certificate and housing voucher programs under sections 8(b) and 8(o), respectively, shall be established or increased in accordance with the authorization for such fees in section 8(q) of the Act: Provided further, That 50 per centum of the amounts of budget authority, or in lieu thereof 50 per centum of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100–628, 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash, shall be remitted to the Treasury, and such amounts of budget authority or cash recaptured and not rescinded or remitted to the Treasury shall be used by State housing finance agencies or local governments or local housing agencies with projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section: Provided further, That of the $9,223,965,000 total, $100,000,000 shall be for housing opportunities for persons with AIDS under title VIII, subtitle D of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625) and $100,000,000 shall be for grants to States and units of general local government for the abatement of significant lead-based paint and lead dust hazards in low- and moderate-income owner-occupied units and low-income privately-owned rental units, of which $2,000,000 shall be for lead-based paint abatement grants for technical assistance and evaluation studies: Provided further, That such grant funds shall be available only for projects conducted by contrac-tors certified and workers trained through a federally- or State-accredited program: Provided further, That, to be eligible for such grants, States and units of general local government must demonstrate the capability to identify significant-hazard housing units, to oversee the safe and effective conduct of the abatement, and to assure the future availability of abated units to low- and moderate-income persons: Provided further, That notwithstanding the language preceding the first proviso of this paragraph, $260,000,000 shall be used for special projects in accordance with the terms and conditions specified for such grants in the committee of conference report and statement of the managers (H. Rept. 102–902) accompanying H.R. 5679: Provided further, That of the $150,000,000 earmarked in Public Law 102–139 for special purpose grants (105 Stat. 736, 746), $850,000 made available to the City of Lawrence, Massachusetts to purchase, remodel and equip a vacant Jewish Community Center building for use as a Girls’ Club facility shall instead be made available to the Lawrence Boys’ Club to remodel any building for use as a Girls’ club facility: Provided further, That of the $150,000,000 earmarked in Public Law 102–139 for special purpose grants (105 Stat. 736, 746), $290,000 made available to Marquette, Michigan for communications and other equipment shall instead be made available for training and equipment to the Upper Peninsula Emergency Medical Services Corporation in Marquette County, Michigan for use throughout the Upper Peninsula of Michigan. Of the $9,223,965,000 total under this head, $1,116,099,000 shall be for capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for project rental assistance, and amendments to contracts for project rental assistance, for supportive housing for the elderly under section 202(c)(2) of the Housing Act of 1959, as amended: Provided further, That any unreserved balances provided under this head in prior years for such purposes shall be merged with amounts provided herein: Provided further, That $15,438,000 shall be for service coordinators pursuant to section 202(q) of the Housing Act of 1959, as amended. Of the $9,223,965,000 total under this head, $193,754,000 shall be for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625); and for project rental assistance, and amendments to contracts for project rental assistance, for supportive housing for persons with disabilities as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act. assistance for the renewal of expiring section 8 subsidy contracts For assistance under the United States Housing Act of 1937 (42 U.S.C. 1437) not otherwise provided for, for use in connection with expiring section 8 subsidy contracts, $6,346,135,000, to remain available until expended: Provided, That funds provided under this paragraph may not be obligated for a contract term that is less than five years: Provided further, That the Secretary may maintain consolidated accounting data for funds disbursed at the Public Housing Agency or Indian Housing Authority or project level for subsidy assistance regardless of the source of the disbursement so as to minimize the administrative burden of multiple accounts. Further, for the foregoing purposes, $450,000,000, to become available for obligation on October 1, 1993, and to remain available for obligation until expended. For those projects in the State of Maine, the owners of which have converted their section 23 leased housing contracts (former section 23 of the Act, as amended by section 103(a), Housing and Urban Development Act of 1965, Public Law 89–117, 79 Stat. 451, 455) to section 8, the subsidy provided under the head “Assistance for the Renewal of Expiring Section 8 Subsidy Contracts” in Public Law 102–139 shall be for a five-year extension as if the projects were under the section 8 new construction program, except that section 8(c)(2)(C) shall not apply. Notwithstanding any other provision of this Act, the amount appropriated under this heading for fiscal year 1993 shall be “$6,076,135,000” and the amount under this heading for fiscal year 1994 shall be “$720,000,000”. rental housing assistance (rescission) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z–l) is reduced in fiscal year 1993 by not more than $2,000,000 in uncommitted balances of authorizations provided for this purpose in appropriations Acts: Provided, That up to $283,000,000 of recaptured loan management or section 236 budget authority resulting from the prepayment of mortgages subsidized under section 236 of the National Housing Act (12 U.S.C. 1715z–l) shall be rescinded in fiscal year 1993: Provided further, That to the extent that the recaptures and rescission during fiscal year 1993 are less than $283,000,000, the total funding provided under the head “Annual contributions for assisted housing” and the budget authority provided in the seventh proviso under that head for assistance in connection with mortgage prepayments shall be reduced accordingly. congregate services For contracts with and payments to public housing agencies and nonprofit corporations for congregate services programs, $21,000,000, to remain available until September 30, 1994, of which up to $10,800,000 shall be for entities operating such programs in accordance with the provisions of the Congregate Services Act of 1978, as amended, and the balance shall be for such programs under section 802 of the Cranston-Gonzalez National Affordable Housing Act (Public Law 101–625). payments for operation of low-income housing projects For payments to public housing agencies and Indian housing authorities for operating subsidies for low-income housing projects as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), $2,282,436,000. housing counseling assistance For contracts, grants, and other assistance, not otherwise provided for, for providing counseling and advice to tenants and homeowners—both current and prospective—with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and meeting the responsibilities of tenancy or homeownership, including provisions for training and for support of voluntary agencies and services as authorized by section 106(a)(1)(iii), section 106(a)(2), section 106(c), and section 106(d) of the Housing and Urban Development Act of 1968, as amended, $6,025,000. flexible subsidy fund For assistance to owners of eligible multifamily housing projects insured, or formerly insured, and under the National Housing Act, as amended, or which are otherwise eligible for assistance under section 201(c) of the Housing and Community Development Amendments of 1978, as amended (12 U.S.C. 1715z–la), in the program of assistance for troubled multifamily housing projects under the Housing and Community Development Amendments of 1978, as amended, all uncommitted balances of excess rental charges as of September 30, 1992, and any collections and other amounts in the fund authorized under section 201(j) of the Housing and Community Development Amendments of 1978, as amended, during fiscal year 1993, to remain available until expended: Provided, That assistance to an owner of a multifamily housing project assisted, but not insured, under the National Housing Act may be made if the project owner and the mortgagee have provided or agreed to provide assistance to the project in a manner as determined by the Secretary of Housing and Urban Development. fha—mutual mortgage insurance program account (including transfers of funds) During fiscal year 1993, commitments to guarantee loans to carry out the purposes of section 203(b) of the National Housing Act, as amended, shall not exceed a loan principal of $57,146,000,000. For administrative expenses necessary to carry out the guaranteed loan program, $255,645,000, to be derived from the FHA-Mutual Mortgage Insurance Guaranteed Loans Receipt account, of which not to exceed $249,542,000 shall be transferred to the appropriation for salaries and expenses; and of which not to exceed $6,103,000 shall be transferred to the appropriation for the Office of Inspector General. fha—general and special risk program account (including transfers of funds) For the cost of guaranteed loans, $104,652,000, as authorized by the National Housing Act, as amended (12 U.S.C. 1715z–3(b) and 1735c(f)): Provided, That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize total loan principal any part of which is to be guaranteed of not to exceed $8,864,230,000. In addition, for administrative expenses necessary to carry out the guaranteed loan programs, $187,000,000, of which $182,955,000 shall be transferred to the appropriation for salaries and expenses; and of which $4,045,000 shall be transferred to the appropriation for the Office of Inspector General. drug elimination grants for low-income housing For grants to public housing agencies for use in eliminating drug-related crime in public housing projects authorized by 42 U.S.C. 11901–11908, and for drug information clearinghouse services authorized by 42 U.S.C. 11921–11925, $175,000,000, to remain available until expended: Provided, That $5,225,000 of the foregoing amount shall be available for grants, contracts, or other assistance for technical assistance and training for or on behalf of public housing agencies and resident organizations (including the costs of necessary travel for participants in such training): Provided further, That $5,000,000 of the foregoing amount shall be made available for grants for a youth violence prevention in low-income housing program modeled on a program developed by the National Association of Neighborhoods: Provided further, That $10,000,000 of the foregoing amount shall be made available for grants for federally-assisted, low-income housing. Section 520 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 11903a) is amended— (1) in subsection (a), by striking “in” and insert “for residents of”; (2) in subsection (b)(5), after “nonprofit organizations”, by inserting “and institutions of higher learning”; and (3) in subsection (d)(3), after “cultural activities,”, by inserting “transportation costs,”. Government National Mortgage Association guarantees of mortgage-backed securities loan guarantee program account (includes transfer of funds) During fiscal year 1993, new commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed $77,700,000,000. For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $6,936,000, to be derived from the GNMA—Guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $6,936,000 shall be transferred to the appropriation for salaries and expenses. Homeless Assistance emergency shelter grants program For the emergency shelter grants program, as authorized under subtitle B of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77), as amended, $50,000,000, to remain available until expended. transitional and supportive housing demonstration program For the transitional and supportive housing demonstration program, as authorized under subtitle C of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77), as amended, $150,000,000, to remain available until expended. section 8 moderate rehabilitation single room occupancy For assistance under the United States Housing Act of 1937, as amended (42 U.S.C. 1437f), for the section 8 moderate rehabilitation program, to be used to assist homeless individuals pursuant to section 441 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401), $105,000,000, to remain available until expended. shelter plus care For the Shelter Plus Care program, as authorized by subtitle F of title IV of the Stewart B. McKinney Homeless Assistance Act (Public Law 100–77), as amended, $266,550,000, to remain available until expended. The unexpended balances of the “Shelter Plus Care: Section 8 Moderate Rehabilitation, Single Room Occupancy” and “Shelter Plus Care: Section 202 Rental Assistance” programs, available from the appropriations enacted in Public Law 102–139, shall be added to and merged with the amount available under this heading. Community Planning and Development community development grants For grants to States and units of general local government and for related expenses, not otherwise provided for, necessary for carrying out a community development grants program as authorized by title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), $4,000,000,000, to remain available until September 30, 1995: Provided, That $40,000,000 shall be available for grants to Indian tribes pursuant to section 106(a)(1) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), and $14,500,000 shall be available for “special purpose grants” pursuant to section 107 of such Act, and $500,000 shall be available for a grant to demonstrate the feasibility of developing an integrated database system and computer mapping tool for compliance, programming, and evaluation of community development block grants pursuant to section 901 of the Cranston-Gonzalez National Affordable Housing Act of 1990: Provided further, That not to exceed 20 per centum of any grant made with funds appropriated herein (other than a grant using funds under section 107(b)(3) of such Act or funds set aside in the following proviso) shall be expended for “Planning and Management Development” and “Administration” as defined in regulations promulgated by the Department of Housing and Urban Development: Provided further, That $5,000,000 shall be made available from the total amount provided to carry out an early childhood development program under section 222 of the Housing and Urban-Rural Recovery Act of 1983, as amended (12 U.S.C. 1701z–6 note). During fiscal year 1993, total commitments to guarantee loans, as authorized by section 108 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301), shall not exceed $2,000,000,000 of contingent liability for loan principal: Provided, That $1,700,000,000 of said amount shall become available only upon enactment into law of authorizing legislation. Policy Development and Research research and technology For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970, as amended (12 U.S.C. 1701z–1 et seq.), including carrying out the functions of the Secretary under section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $25,000,000, to remain available until September 30, 1994: Provided, That of the foregoing amount (1) $1,000,000 shall be available for innovative building technologies research with the Research Center of the National Association of Home Builders, (2) $1,000,000 shall be available for the National Commission on Manufactured Housing, (3) at least $500,000 shall be for lead-based paint abatement research and studies, and (4) $1,000,000 shall be for a study by the National Academy of Public Administration on HUD staffing and human resource management and requirements. Fair Housing and Equal Opportunity fair housing activities For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, $15,000,000, to remain available until September 30, 1994: Provided, That not less than $10,600,000 shall be available to carry out activities pursuant to section 561 of the Housing and Community Development Act of 1987. Management and Administration salaries and expenses (including transfers of funds) For necessary administrative and nonadministrative expenses of the Department of Housing and Urban Development, not otherwise provided for, including not to exceed $7,000 for official reception and representation expenses, $892,000,000, of which $432,497,000 shall be provided from the various funds of the Federal Housing Administration, and $6,936,000 shall be provided from funds of the Government National Mortgage Association: Provided, That of the total amount, $2,000,000 shall be available for the Housing Assistance Council and $500,000 shall be available for the National American Indian Housing Council: Provided further, That of the total amount, $1,000,000 and 20 staff years shall be for the Office of Lead-Based Paint Abatement and Poisoning Prevention, which shall be located within the Office of the Secretary: Provided further, That not to exceed $8,793,000 of the total amount provided under this heading shall be available for personnel compensation and benefits for the headquarters budget activity of Departmental Management, including not to exceed $673,000 for travel expenses: Provided farther, That not to exceed $14,609,000 of the total amount provided under this heading shall be available for personnel compensation and benefits for the headquarters Office of General Counsel, including not to exceed $259,000 for travel expenses: Provided further, That not to exceed $8,717,000 of the total amount provided under this heading shall be available for personnel compensation and benefits for the headquarters Office of Policy Development and Research, including not to exceed $141,000 for travel expenses. office of inspector general (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $46,160,000, of which $10,148,000 shall be transferred from the various funds of the Federal Housing Administration. administrative provisions For payment to Milton Residences for the Elderly, Inc., for development costs incurred in connection with the site for HUD Project No. 023–EH273 (Milton, MA) prohibited under Public Law 100–202 (101 Stat. 1329–190), $226,000. Notwithstanding section 17(d)(4)(G) of the United States Housing Act of 1937, the City of Springfield, in the State of Massachusetts, shall not be required to return, and the Secretary of Housing and Urban Development may not recapture, any housing development grants awarded under section 17(d) of such Act to the city for use in connection with the Symphony Apartments housing development project (Project No. MA002HG701), if before October 1, 1993, the city (or any subgrantee) commences construction or substantial rehabilitation activities for which such amounts were made available. Notwithstanding section 17(d)(4)(G) of the United States Housing Act of 1937 (as such section existed immediately before October 1, 1991), the City of Harrisburg, in the State of Pennsylvania, shall not be required to return, and the Secretary of Housing and Urban Development may not recapture, any housing development grants awarded under section 17(d) of such Act to the city for use in connection with the Washington Square Phase II housing development project (Project No. PA009HG701), if before October 1, 1993, the city (or any subgrantee) commences construction or substantial rehabilitation activities for which such amounts remain available. Amounts made available for a housing development grant under section 17(a)(1)(B) of the United States Housing Act of 1937 for NJ 008–HG7–01 in Camden, New Jersey, shall be deemed to have been recaptured, and shall be made available during fiscal year 1993 for such project. The Oklahoma Department of Commerce is authorized to take all steps necessary to close out an agreement originally entered into by the Department and the City of Commerce, Oklahoma (Contract No. 4511 CDBG ED 89) for the purpose of providing a loan through the Miami Area Economic Development Services, Inc., for Sac and Fox Industries to retain and create jobs for low- and moderate-income persons. Notwithstanding any other provision of law or other Department of Housing and Urban Development regulations and requirements, $490,700 of funds appropriated for community development block grants and allocated to the State of Oklahoma or other funds available to the Secretary of Housing and Urban Development shall be used to close out said agreement. Furthermore, the Miami Area Economic Development Services, Inc., the City of Commerce, Oklahoma, and the Oklahoma Department of Commerce are relieved of all liability to the government for the outstanding balance, any amount of accrued interest, and any other fees and charges payable in connection with this transaction. The provisions of title I, section 104(g)(2) of the Housing and Urban Development Act of 1974, as amended, are hereby waived for the following urban development action grant projects in the City of Youngstown, Ohio: (1) H. L. Libby parking deck—project #: B–87–AA–39–0319; (2) The Bitonte Medical Center—project #: B–86–AA–39–0321; and (3) The Erie Terminal Development Office Complex—project #: B–87–AA–39–0329. During fiscal year 1993, notwithstanding any other provision of law, the number of individuals employed by the Department of Housing and Urban Development in other than “career appointee” positions m the Senior Executive Service shall not exceed 15. Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall cancel the indebtedness of the Sunbright Utility District in Morgan County, Tennessee, relating to loan number TENN–PFL–43, and the Administrator of the Economic Development Administration shall cancel the indebtedness of the Sunbright Utility District in Morgan County, Tennessee, relating to loans numbered 040100–342–1 and 040100–342–2. The Sunbright Utility District in Morgan County, Tennessee, is relieved of all liability to the Government for the outstanding principal balance on such loans, for the amount of accrued interest on such loans, and for any other fees and charges payable in connection with such loans. Section 213(e) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 1439(e)), is amended by striking “the Park Central New Community Project or in adjacent areas that are recognized by the unit of general local government in which such Project is located as being included within the Park Central New Town in Town Project” and inserting “Jefferson County, Texas”; and, notwithstanding the provisions of section 213(c) of such Act, of the budget authority set aside in section 213(e) of such Act, the Secretary shall enter into annual contributions contracts under section 8(b) of the United States Housing Act of 1937 with the Housing Authority of the City of Galveston, Galveston, Texas, for 18 units, with the Housing Authority for the City of Rockwall, Rockwall, Texas, for 36 units, and for the balance of such budget authority, with the Port Arthur Housing Authority, Port Arthur, Texas. The first sentence of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended to read as follows: “Involve a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the Secretary shall approve) in an amount— “(A) not to exceed the lesser of— “(i) in the case of the 1-family residence, 95 percent of the median 1-family house price in the area (as determined by the Secretary); in the case of a 2-family residence, 107 percent of such median price; in the case of a 3-family residence, 130 percent of such median price; or in the case of a 4-family residence, 150 percent of such median price; or “(ii) 75 percent of the dollar amount limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (as adjusted annually under such section) for a residence of the applicable size; except that the applicable dollar amount limitation in effect for any area under this subparagraph (A) may not be less than the dollar amount limitation in effect under this section for the area on May 12, 1992; and “(B) except as otherwise provided in this paragraph (2), not to exceed an amount equal to the sum of— “(i) 97 percent of $25,000 of the appraised value of the property, as of the date the mortgage is accepted for insurance; “(ii) 95 percent of such value in excess of $25,000 but not in excess of $125,000; and “(iii) 90 percent of such value in excess of $125,000.”. The second sentence of section 2(b)(2) of the National Housing Act (12 U.S.C. 1703(b)(2)) is amended by striking “but not” and all that follows through “203(b)(2)” and inserting “but in no case may such limits, as so increased, exceed the lesser of (A) 185 percent of the dollar amount specified, or (B) the dollar amount specified as increased by the same percentage by which 95 percent of the median one-family house price in the area (as determined by the Secretary) exceeds $67,500”. Section 255(g) of the National Housing Act (12 U.S.C. 1715z–20(g)) is amended by striking “for a 1-family residence” and inserting “for 1-family residences in the area in which the dwelling subject to the mortgage under this section is located”. Federal Deposit Insurance Corporation.— (1) Eligible condominium property.— Section 40(p)(4) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(p)(4)) is amended by striking subparagraph (B) and inserting the following new subparagraph: “(B) that has an appraised value that does not exceed the applicable dollar amount specified in the first sentence of section 203(b)(2) of the National Housing Act, as such dollar amount is increased on an area-by-area basis under such section for areas with high prevailing housing sales prices, except that for purposes of this paragraph no such increase may exceed 150 percent of the dollar amount specified in section 203(b)(2).”. (2) Eligible multifamily housing property.—Section 40(p)(5) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(p)(5)) is amended by striking subparagraph (B) and inserting the following new subparagraph: “(B) that has an appraised value that does not exceed the applicable dollar amount specified in section 221(d)(3)(ii) of the National Housing Act for elevator-type structures, as such dollar amount is increased under such section for geographical areas or on a project-by-project basis (except that any such increase on a project-by-project basis shall be made pursuant to a determination by the Corporation that such increase is necessary).”. (3) Eligible single family project.— Section 40(p)(7) of the Federal Deposit Insurance Act (12 U.S.C. 1831q(p)(7)) is amended by striking subparagraph (B) and inserting the following new subparagraph: “(B) that has an appraised value that does not exceed the applicable dollar amount specified in the first sentence of section 203(b)(2) of the National Housing Act, as such dollar amount is increased on an area-by-area basis under such section for areas with high prevailing housing sales prices, except that for purposes of this paragraph no such increase may exceed 150 percent of the dollar amount specified in section 203(b)(2).”. Section 2(b)(1) of the National Housing Act (12 U.S.C. 1703(b)(D) is amended by striking subparagraphs (C), (D), and (E) and inserting the following new subparagraphs: “(C) 70 percent of the median 1-family house price in the area, as determined by the Secretary under section 203(b)(2), if made for the purpose of financing the purchase of a manufactured home; “(D) 80 percent of the median 1-family house price in the area, as determined by the Secretary under section 203(b)(2), if made for the purpose of financing the purchase of a manufactured home and a suitably developed lot on which to place the home; “(E) the greater of (i) 20 percent of the median 1-family house price in the area, as determined by the Secretary under section 203(b)(2), or (ii) $13,500, if made for the purpose of financing the purchase, by an owner of a manufactured home which is the principal residence of the owner, of a suitably developed lot on which to place that manufactured home, and if the owner certifies that the owner will place the manufactured home on the lot acquired with such loan within 6 months after the date of such loan;”. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) is amended by inserting after the period at the end the following new sentence: “Notwithstanding the authority of the Secretary to establish the terms of insurance under this section and approve the initial service charges, appraisal, inspection, and other fees (and subject to any other limitations under this section on the amount of a principal obligation), the Secretary may not (by regulation or otherwise) limit the percentage or amount of any such approved charges and fees that may be included in the principal obligation of a mortgage.”. Notwithstanding any other provision of this or any other Act with respect to any fiscal year, the Office of Lead-Based Paint Abatement and Poisoning Prevention shall be contained within the Office of the Secretary, and said Office shall have ultimate responsibility within the Department of Housing and Urban Devel-opment, except for the Secretary, for all matters related to the abatement of lead in housing, and research related to lead abatement, consistent with the responsibilities outlined for the Office in Senate Report 102–107. Notwithstanding section 571(b) of the National Affordable Housing Act of 1990, the Department shall revise its fiscal year 1992 notice of fund availability for public housing development/major reconstruction of obsolete projects (Federal Register, June 18, 1992, 27330 et seq.) so that there contains no limitation on the amount of these funds available for public housing replacement activities. The fair market rentals for the Salt Lake City—Ogden, Utah, metropolitan statistical area that took effect as of October 1, 1991 (56 Fed. Reg. 49024, 49072, September 26, 1991) shall remain in effect until October 1, 1993, notwithstanding the requirements of section 8(c)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f) or any publication in the Federal Register in implementation of such section. With respect to two projects of the United Cerebral Palsy of New Jersey, Inc., which are located in Newark and Teaneck, New Jersey, and are to be assisted under section 811 (project numbers 031–EH244/NJ39–T881–001 and 031–EH231), the Secretary of Housing and Urban Development shall extend the fund reservations for a reasonable period sufficient to permit final closing to take place and shall increase the reservation of project rental assistance to an amount sufficient to cover the reasonable operating expenses of these projects. Rehabilitation activities undertaken by the Committee for Dignity and Fairness for the Homeless Housing Development, Inc., in connection with 46 dwelling units that were renovated for permanent housing for the homeless and that are located in Philadelphia, Pennsylvania, shall be deemed to have been conducted pursuant to an agreement with the Secretary of Housing and Urban Development under clause (ii) of the third sentence of section 8(d)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(d)(2)(A)). Notwithstanding any other provision of the law, the Secretary of Housing and Urban Development shall immediately forego and forbear from all efforts to recapture funding, by means of offset or reduction, against current or future subsidy, or other means, from the Housing Authority of the City of Seattle based on a finding pertaining to tenant utility allowances contained in the Office of Inspector General Report 86–SE–201–1003, dated February 21, 1986, and shall restore any funds previously recaptured. The Secretary of Housing and Urban Development shall cancel the indebtedness of the town of McLain, Mississippi, relating to the public facilities loan (Project No. MIS–22–PFL0094). The town of McLain, Mississippi, is relieved of all liability to the Government for the outstanding principal balance on such loan, for the amount of accrued interest on such loan, and for any other fees and charges payable in connection with such loan.

22. 1996

    Native American Housing Assistance and Self-Determination Act of 1996

    Pub. L. 104–330 title V § 501(d)(3) · 110 Stat. 4016

    Substituted · 42 U.S.C. § 1439(d)(1)(B)(ii)

    Pub. L. 104–330 substituted “public housing” for “public and Indian housing”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B)(ii). Pub. L. 104–330 substituted “public housing” for “public and Indian housing”.

    Enacted provision · exact public law section
    (3) Allocation of funds.— Section 213(d)(l)(B)(ii) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439) is amended by striking “and Indian”.

23. 1998

    Pub. L. 105–276 § 551(1) · 112 Stat. 2461

    Struck · 42 U.S.C. § 1439(c)

    Pub. L. 105–276, § 551(1), struck out subsec. (c) which read as follows: “For areas in which an approved local housing assistance plan is not applicable the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 105–276, § 551(1), struck out subsec. (c) which read as follows: “For areas in which an approved local housing assistance plan is not applicable the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection.”

    Enacted provision · exact public law section
    (1) by striking subsection (c); and

    Effective date note
    Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

24. 1998

    Pub. L. 105–276 § 551(2)(A)(i) · 112 Stat. 2461

    Inserted · 42 U.S.C. § 1439(d)(1)(A)(i)

    Pub. L. 105–276, § 551(2)(A)(i), inserted at end “Amounts for tenant-based assistance under section 8(o) of the United States Housing Act of 1937 may not be provided to any public housing agency that has been disqualified from providing such assistance.”

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(i). Pub. L. 105–276, § 551(2)(A)(i), inserted at end “Amounts for tenant-based assistance under section 8(o) of the United States Housing Act of 1937 may not be provided to any public housing agency that has been disqualified from providing such assistance.”

    Enacted provision · exact public law section
    (i) in clause (i), by adding at the end the following new sentence: “Amounts for tenant-based assistance under section 8(o) of the United States Housing Act of 1937 may not be provided to any public housing agency that has been disqualified from providing such assistance.”; and

    Effective date note
    Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

25. 1998

    Pub. L. 105–276 § 551(2)(A)(ii) · 112 Stat. 2461

    Substituted · 42 U.S.C. § 1439(d)(1)(A)(ii)

    Pub. L. 105–276, § 551(2)(A)(ii), substituted “8(o)” for “8(b)(1)” in two places

    Source evidence

    Code amendment note
    Subsec. (d)(1)(A)(ii). Pub. L. 105–276, § 551(2)(A)(ii), substituted “8(o)” for “8(b)(1)” in two places.

    Enacted provision · exact public law section
    (ii) in clause (ii), by striking “8(b)(1)” each place it appears and inserting “8(o)”;

    Effective date note
    Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

26. 1998

    Pub. L. 105–276 § 522(b)(2) · 112 Stat. 2461

    Struck · 42 U.S.C. § 1439(d)(1)(B)(i)

    Pub. L. 105–276, § 522(b)(2), which directed the amendment of subsec. (d)(1)(B)(ii), by striking out “or 14”, was executed by striking out “or 14” after “9” in subsec. (d)(1)(B)(i) to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (d)(1)(B)(i). Pub. L. 105–276, § 522(b)(2), which directed the amendment of subsec. (d)(1)(B)(ii), by striking out “or 14”, was executed by striking out “or 14” after “9” in subsec. (d)(1)(B)(i) to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) Allocation of assistance.— Section 213(d)(1)(B)(ii) of the Housing and Community Development Act of 1974 (42 U.S.C. 1439(d)(1)(B)(i)) is amended by striking “or 14”.

    Effective date note
    Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

27. 1998

    Pub. L. 105–276 § 551(2)(B) · 112 Stat. 2461

    1. Redesignated · 42 U.S.C. § 1439(d)(2)(5)

       Pub. L. 105–276, § 551(2)(B), (C), redesignated pars. (3) to (5) as (2) to (4), respectively

    2. Struck · 42 U.S.C. § 1439(d)(2)(5)

       Pub. L. 105–276, § 551(2)(B), (C), struck out former par. (2) which read as follows: “Not later than sixty days after approval in an appropriation Act, the Secretary shall allocate from the amounts available for use in nonmetropolitan areas an amount of authority for assistance under section 8(d) of the United States Housing Act of 1937 determined in consultation with the Secretary of Agriculture for use in connection with section 1490m of this title during the fiscal year for which such authority is approved. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of the assistance that is subject to allocation under paragraph (1)(A).”

    Source evidence

    Code amendment note
    Subsec. (d)(2) to (5). Pub. L. 105–276, § 551(2)(B), (C), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows: “Not later than sixty days after approval in an appropriation Act, the Secretary shall allocate from the amounts available for use in nonmetropolitan areas an amount of authority for assistance under section 8(d) of the United States Housing Act of 1937 determined in consultation with the Secretary of Agriculture for use in connection with section 1490m of this title during the fiscal year for which such authority is approved. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of the assistance that is subject to allocation under paragraph (1)(A).”

    Enacted provision · exact public law section
    (B) by striking paragraph (2); and

    Effective date note
    Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as otherwise provided, with provision that Secretary may implement amendment before such date, except to extent that such amendment provides otherwise, and with savings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title.

32 of 36 references resolved to an enrolled provision · 4 partial